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July 2019

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July 8, 2019
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Staying on top of the legal and policy developments in the climate change arena is no small task. As a special service to our members, the Environmental Law Institute provides a series of monthly conference calls with national experts on climate law and policy to keep you up to date and to answer your questions.

SmokyPlanet

Topics addressed in this month's call:

  • Finalization of ACE rule
  • CEQ NEPA climate guidance
  • State reaction to ACE
  • Developments with NY legislation
  • OR Republicans fleeing the state to avoid voting on climate legislation
  • CA and Canada vehicle agreement
  • Decision by federal court in Baltimore sending suit against oil companies back to state court
  • Decision by federal court in Oregon that Forest Service took hard look at carbon impacts of foreign thinning project
  • DC District Court decision dismissing suit about U.S. failure to submit UNFCCC reports
  • New York state court decision dismissing Exxon's accusations of NY Attorney General's office misconduct
  • Update on some recent news reports noting disclosure of financial impact on companies from climate

Speakers:
Vicki Arroyo, Executive Director, Climate Center, Georgetown University
Sally Fisk, Assistant General Counsel, Pfizer
Michael B. Gerrard, Professor, Columbia Law School; Director, Sabin Center for Climate Change Law
Robert Sussman, Principal, Sussman & Associates

Materials:
ELI members logged on to the Members site will have access to a recording of this session (usually posted w/in 48 hours). If you are not an ELI member but would like to have access to archived sessions like this one, go HERE to see the many benefits of membership and how to join.


ELI Monthly Climate Briefings are made possible by the
generous support of our institutional members.


NOTE: This call/recording is for ELI members only. No comments may be quoted
or used without the express written permission of ELI and the panelist.

July 8, 2019
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An ELI WELL (Women in Environmental Law  & Leadership) Seminar

Participants joined ELI for a discussion of two ground-breaking projects that highlight the importance of community-based water tenure rights and the role of women in water governance from the local to the transboundary level.

In Summer 2019, the Rights and Resources Initiative (RRI) and ELI will release the findings of an innovative methodology and global analysis that monitors national legal recognition of Indigenous Peoples’, local communities’, and indigenous and community women’s freshwater tenure rights. This 15-country study provides vital insights on the mechanisms for stronger legal protections for these rights and identifies priority areas for future research and advocacy initiatives. RRI Tenure Analyst, Chloe Ginsburg, joined the Director of ELI’s International Water Program, Jessica Troell, to provide an overview of this path-breaking study and its findings.

In the Nile Basin, ELI is working in partnership with the Stockholm International Water Institute (SIWI) to elevate perspectives from women water leaders and to shine a light on the persistent failure to include women equitably in political decision-making processes related to transboundary waters. Jessica Troell shared the work being done to establish and broaden a network of Women in Water Diplomacy to catalyze more inclusive decision-making in the Nile and beyond.


Panelists:
Chloe Ginsburg, Tenure Analyst, Rights and Resources Initiative
Jessica Troell, Director, International Water Program; Director, Africa Program; and Senior Attorney, Environmental Law Institute

Materials:

Chloe Ginsburg presentation
Jessica Troell presentation

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July 9, 2019
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Each summer, ELI convenes a complimentary seminar series that offers an introduction to the legal and policy foundations of environmental protection in the United States.

ELI's Summer School is a series of brown-bag lunch seminars taught by experts in their fields, introducing the audience to the major environmental statutes (including the National Environmental Policy Act (NEPA), Clean Air Act (CAA), Clean Water Act (CWA), Endangered Species Act (ESA), Toxic Substances Control Act (TSCA), Resource Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)), land use law, and environmental justice. Faculty will also incorporate major regulatory and judicial updates to the laws.

Who will benefit: All are welcome. Students and emerging professionals will have unique opportunities to learn, hear updates, ask questions, and network. The series is intended for:

  • undergraduates,
  • law students and graduate students, and
  • working professionals new to or looking for a refresher course in environmental law (such as interns, summer clerks, and associates, or second-career professionals).

Basics of the Clean Air Act

The Clean Air Act (CAA) has major impacts on the environment, human health, and the economy. In 2015, the Environmental Protection Agency (EPA) issued the Clean Power Plan under the CAA, establishing the first-ever national limits to reduce carbon emissions from power plants. EPA has proposed to repeal the plan for nationwide emissions reductions, sparking court hearings around the country as stakeholders on all sides argue for both the continued use of and the repeal of the Clean Power Plan.

As the regulations of CAA continue to be at the center of developments in environmental law, this session provides both the foundations and real-world examples of CAA. Our expert faculty explored:

  • permitting programs,
  • air quality planning regulations,
  • standards for major sources, area sources, mobile sources, and
  • developments, including in the Clean Power Plan.

Faculty:
Sara A. Colangelo, Director, Environmental Law & Policy Program & Adjunct Professor of Law, Georgetown Law
E. Donald Elliott, Senior Of Counsel, Covington & Burling LLP
Martha Roberts, Senior Attorney, U.S. Climate Legal and Regulatory Program, Environmental Defense Fund

Materials:
Sara Colangelo presentation
E. Donald Elliott presentation
Martha Roberts presentation

**See the entire Summer School 2019 schedule HERE.**

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July 10, 2019
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An ELI  Master Class

The Bureau of Land Management (BLM) holds the crucial responsibility of ensuring under the Federal Land Policy and Management Act (FLPMA) that an expansive 248.3 million acres of public land and subsurface resources are managed to best meet the present and future needs of the American people. FLPMA grants BLM authority to implement its requirements and adopt or prescribe specific management techniques and practices on public lands. BLM implements these through the multiple use and sustained yield mandate. This Master Class will explore the FLPMA mandate, impacts of the BLM multiple use mandate on various public land practices, and relevant withdrawals, moratoria, valid existing rights (VER), Secretarial orders, and Solicitor’s Opinions.

The class provided an in-depth examination of FLPMA land management authorities and potential regulatory changes and challenges moving forward.

Agenda

12:00 - 1:30 PM

Panel 1:  Multiple Use Land Management

Panelists examined where FLPMA stands today regarding management of activities on multiple use lands and how to best achieve the objectives of the act as new uses and changes in objectives evolve over time and through successive Administrations. 

  • Marna McDermott, Deputy Director and Counsel, Conservation Litigation Project, Moderator
  • John G. Cossa, Of Counsel, Beveridge & Diamond PC
  • Robert L. Glicksman, J. B. and Maurice C. Shapiro Professor, Environmental Law, George Washington University Law School
  • Kathryn Kovacs, Professor of Law, Rutgers Law School

1:30 PM - 3:00 PM

Panel 2:  Multiple Use Lands in Practice

Panelists examined case studies of conservation, extraction, land use, and development practices on public lands under BLM management, including the interaction of other mandates with the multiple use mandate. Panelists also explored how these statutory policies affect natural resources law, land use and development projects, and conservation efforts. They also reviewed the impacts of the mandate on planning, evaluation, permitting, and implementation choices.

Materials:
ELI members will have access to materials/a recording of this session (usually posted w/in 48 hours). If you are not an ELI member but would like to have access to archived sessions like this one, go HERE to see the many benefits of membership and how to join.

Supplemental Materials:
Legal Pathways to Widespread Carbon Capture and Sequestration by Wendy B. Jacobs and Michael Craig (47 ELR 11022)
Minard Run Oil Company et al. v. US Forest Service (670 F.3d 236)
National Mining Association v. Zinke (877 F.3d 845,  2017)
National Parks Conservation Association v. US Forest Service et al. (177 F.Supp.3d1)
Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Ass'n et al. (June 25, 2019)
U.S. Forest Service et al. v. Cowpasture Preservation Ass'n et al.


CLE INFORMATION:

In-person CLE Attendees:

  • We will have a sign-in and sign-out sheet for you to initial and fill out with time total time of attendance for the Master Class.
  • We will provide you with your CLE information at the end of the Master Class.

Webinar CLE Attendees (you must have selected CLE info when you registered):

  • When watching the webinar you will need to have the webinar at the forefront of your computer screen as GoTo webinar software will be tracking attentiveness and creating an attentiveness report.
  • You will need to be watching the webinar for a majority of the time to receive CLE Credit.
  • We will email you the CLE information and certification within one week of the event.

 

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July 11, 2019
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Sponsored by the D.C. Bar Environment, Energy and Natural Resources Community
Co-Sponsored by the ABA Section of Environment, Energy and Resources (ABA SEER) and Environment Law Institute (ELI)


The D.C. Bar's Environment, Energy, and Natural Resources Community presented its popular annual Summer Reception. This was an excellent opportunity for environment, energy and natural resources attorneys and law clerks from both the private and government sectors to meet and mingle and network. Cocktail food and beverages were served.

The reception featured brief remarks by Matthew Leopold, who is General Counsel of the U.S. Environmental Protection Agency (EPA).  Mr. Leopold was confirmed by the U.S. Senate as on December 14, 2017. Previously, Mr. Leopold was in private practice in Tallahassee, Florida, served as the General Counsel of the Florida Department of Environment Protection (DEP), and was an attorney at the U.S. Department of Justice (DOJ), Environment and Natural Resources Division.

Remarks made during this “Off the Record” program may not be used for publication.

 

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July 16, 2019
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Each summer, ELI convenes a complimentary seminar series that offers an introduction to the legal and policy foundations of environmental protection in the United States.

ELI's Summer School is a series of brown-bag lunch seminars taught by experts in their fields, introducing the audience to the major environmental statutes (including the National Environmental Policy Act (NEPA), Clean Air Act (CAA), Clean Water Act (CWA), Endangered Species Act (ESA), Toxic Substances Control Act (TSCA), Resource Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)), land use law, and environmental justice. Faculty will also incorporate major regulatory and judicial updates to the laws.

Who will benefit: All are welcome. Students and emerging professionals will have unique opportunities to learn, hear updates, ask questions, and network. The series is intended for:

  • undergraduates,
  • law students and graduate students, and
  • working professionals new to or looking for a refresher course in environmental law (such as interns, summer clerks, and associates, or second-career professionals).

Hazardous Waste and Sites

Environmental law has brought about a sea of change in how we manage waste. This session on hazardous waste and sites will examine the events that led to the enactment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Expert panelists will provide the legal foundation to CERCLA and also to the Resource Conservation and Recovery Act (RCRA). Faculty will explore both the dense regulatory efforts and the simple liability efforts used to bring about this change with emphasis on:

  • the definition of waste and the rules for recycling,
  • the Resource Conservation and Recovery Act (RCRA),
  • and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Faculty:
Erin Agee
, Senior Assistant Regional Counsel, CERCLA Enforcement Section, U.S. Environmental Protection Agency Region 8
Susan Akers, Assistant Section Chief, Environmental Enforcement Section, Department of Justice
Ravi Arulanantham, Ph.D., Senior Principal Consultant, Geosyntec
Allison B. Rumsey, Partner, Arnold & Porter Kaye Scholer LLP

Materials:
Erin Agee presentation
Susan Akers presentation
Ravi Arulanantham presentation

Allison Rumsey presentation

**See the entire Summer School 2019 schedule HERE.**

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July 23, 2019
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Each summer, ELI convenes a complimentary seminar series that offers an introduction to the legal and policy foundations of environmental protection in the United States.

ELI's Summer School is a series of brown-bag lunch seminars taught by experts in their fields, introducing the audience to the major environmental statutes (including the National Environmental Policy Act (NEPA), Clean Air Act (CAA), Clean Water Act (CWA), Endangered Species Act (ESA), Toxic Substances Control Act (TSCA), Resource Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)), land use law, and environmental justice. Faculty will also incorporate major regulatory and judicial updates to the laws.

Who will benefit: All are welcome. Students and emerging professionals will have unique opportunities to learn, hear updates, ask questions, and network. The series is intended for:

  • undergraduates,
  • law students and graduate students, and
  • working professionals new to or looking for a refresher course in environmental law (such as interns, summer clerks, and associates, or second-career professionals).

Law & Policy of Products Regulation

The life cycle of industrial, agricultural, and antimicrobial chemical products, especially those embedded in consumer products, has gained increasing public attention. Regulators are looking at the entire product lifecycle, including post-discard of a product at the end of its useful life, as well as toxicity data. The expert faculty will explore chemical product regulations matters including risk communication, minimizing legal liability, and evolving policy matters. This session on the law and policy of products regulation will:

  • examine the regulation of chemicals that are used in industrial products, consumer products, and pesticides
  • explore the new governance and stewardship initiatives being considered globally by a wide variety of stakeholders to diminish the potential for adverse effects from chemicals.

Faculty:
Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C.

Materials:
Lynn Bergeson presentation

**See the entire Summer School 2019 schedule HERE.**

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July 24, 2019
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Sponsored by Farella Braun + Martell LLP and the Environmental Law Institute


Join our expert panel as they discuss the risks and benefits of expanding a regional power market for the Western United States. Would such a regional power market reduce costs, allow better integration of renewables, and more efficient use of transmission, or could it lead to loss of state control by California and other states, including control of renewable energy goals and increased use of coal?

  • Governance: Who should oversee operation of the market, as the Western states look to integrate their grids more closely together? How do we create a new regional institutional framework?
  • Resource planning: What happens when we combine markets between states like California and Oregon that have ambitious renewable goals and the coal-rich interior Mountain states? Will individual states still have autonomy to maintain different policies, if their resources are in a market together where they compete on price?  
  • Transmission: Who will bear the cost of the new infrastructure that will be needed to access remote renewables from the resource-rich interior, such as Montana and New Mexico wind? 
  • Costs and Benefits:  Would a unified grid provide access to lower cost energy and reduce the need for reserves?

Panelists:
Matt LeCar, Principal, Pacific Gas & Electric Company (Moderator)
Lakshmi Alagappan, Director, E3
Mike Florio, Senior Fellow, Gridworks
Carl Zichella, Senior Advocate, Natural Resources Defense Council
 

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July 26, 2019
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Presented by the D.C. Bar Environment, Energy and Natural Resources Community
Co-sponsored by the Environmental Law Institute


Join us for a lunchtime discussion with Jeffrey Bossert Clark, the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) of the U.S. Department of Justice. Mr. Clark will talk about recent developments in the ENRD, enforcement activities, and other current priorities of the division. He will also discuss the Affordable Clean Energy (ACE) rule. A short question and answer session with attendees will follow.

Speakers:
Jeffrey Bossert Clark
, Assistant Attorney General, Environment and Natural Resources Division (ENRD), U.S. Department of Justice
Granta Nakayama, Partner, King & Spalding LLP (Moderator)

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July 29, 2019
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An ELI Seminar, co-sponsored by The Woodrow Wilson International Center for Scholars

This year marks the 40th anniversary of the establishment of the diplomatic relations between the United States of America and the People’s Republic of China. Over the past decade, the U.S. government, civil society, academia, and businesses have been actively engaging with China on environmental governance through capacity-building, knowledge transfer, and other mechanisms. These efforts have been instrumental in transferring best practices in environmental governance, helping China develop towards an effective and predictable environmental regulatory system, encouraging the growth of a vibrant community of environmental advocates and officials, and moving towards a more level playing field for U.S. businesses.

In recent years, the Chinese government has made efforts to address environmental quality that have included the enactment of new laws on air pollution, water pollution, and contaminated sites, and provisions strengthening enforcement. While PM2.5 levels have declined significantly, much work remains to get air quality protective of public health, and formidable water pollution and soil contamination problems remain.  

Senior officials from the Environmental Protection Agency and Department of Justice recently visited their Chinese counterparts.  In April, Matthew Z. Leopold, EPA General Counsel, met with officials of the Ministry of Ecology and Environment to discuss China’s new soil pollution legislation and the importance of the Rule of Law for environmental protection. Mr. Leopold also met with US multinational corporations with China-based businesses concerning the impact of China’s environmental enforcement efforts on U.S. businesses, with several environmental NGOs, and with members of the environmental bar in China. In May, Jeffrey Bossert Clark, Assistant Attorney General for the Environment and Natural Resources Division (ENRD) at the DOJ and his colleague Jonathan D. Brightbill, Principal Deputy Assistant Attorney General, met with officials from both the Supreme People’s Procuratorate and the Supreme People’s Court on comparative best practices for combating environmental crimes and using civil actions against polluters. While in China, they also gave presentations to Chinese prosecutors, judges, academics, and other Chinese officials at the National Prosecutors College, to the public at the Beijing American Center, and to the academic community at China University of Political Science and Law.

These top U.S. government environmental lawyers will join John Pendergrass, Vice President of ELI, and Jennifer Turner, Director of the Woodrow Wilson Center’s China Environment Forum to compare their recent experiences, and to discuss Chinese environmental law developments, new approaches to enforcement, and the effects of Chinese environmental laws on U.S. companies. 

Moderators:
Jay Pendergrass
, Vice President, Programs and Publications, Environmental Law Institute
Jennifer Turner, Director, China Environment Forum and Manager, Global Choke Point Initiative, Wilson Center

Panelists:
Jeffrey Clark
, Assistant Attorney General, Environment and Natural Resources Division (ENRD), Department of Justice
Matthew Leopold, General Counsel, Environmental Protection Agency
Jon Brightbill, Principal Deputy Assistant Attorney General, Environment and Natural Resources Division (ENRD), Department of Justice

Materials:
Any speaker written presentations/materials will be posted as they are received.

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July 30, 2019
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Each summer, ELI convenes a complimentary seminar series that offers an introduction to the legal and policy foundations of environmental protection in the United States.

ELI's Summer School is a series of brown-bag lunch seminars taught by experts in their fields, introducing the audience to the major environmental statutes (including the National Environmental Policy Act (NEPA), Clean Air Act (CAA), Clean Water Act (CWA), Endangered Species Act (ESA), Toxic Substances Control Act (TSCA), Resource Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)), land use law, and environmental justice. Faculty will also incorporate major regulatory and judicial updates to the laws.

Who will benefit: All are welcome. Students and emerging professionals will have unique opportunities to learn, hear updates, ask questions, and network. The series is intended for:

  • undergraduates,
  • law students and graduate students, and
  • working professionals new to or looking for a refresher course in environmental law (such as interns, summer clerks, and associates, or second-career professionals).

Environmental Justice

ELI’s annual Summer School Series concludes with a special ELI 50th Anniversary session to introduce participants to the opportunities and obstacles within the realm of environmental justice. This year marks the official 50th Anniversary of the Environmental Law Institute and ELI is reflecting back on our important work in shaping environmental law and governance in the United States and imagining an even more impactful future. The month of July focuses on environmental justice and vulnerable communities, which has led to the addition of this signature summer school session, new for 2019!

Although no federal environmental justice laws have been enacted, federal agencies, including the Environmental Protection Agency (EPA), have made staunch efforts to work with other federal agencies to integrate environmental justice into policies and practices. This session will explore the foundations, current opportunities, and obstacles facing environmental justice. Faculty will explore the following:

  • NGO advocacy efforts including community-led public health initiatives and community-based climate resilience programs,
  • inclusion of communities in the decision-making process,
  • federal, state, tribal, and local government addressing environmental justice,
  • and methods for including multiple stakeholders in environmental justice conversations and processes

Faculty:
Ryan E. Emanuel, Ph.D, Associate Professor and University Faculty Scholar, Department of Forestry and Environmental Resources, North Carolina State University
Mike Ewall, Founder and Executive Director, Energy Justice Network
Tamara Toles O'Laughlin, North America Director, 350.org
Carlton Waterhouse, Ph.D., Professor, Howard University School of Law

Presentations:
Materials will be posted as they are received...

Supplemental Materials:
Energy and Environmental Justice
(submitted by Mike Ewall)
Principals of Environmental Justice (submitted by Mike Ewall)

**See the entire Summer School 2019 schedule HERE.**

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