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November 2019

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November 4, 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:

  • Trump pulls the trigger on the formal US withdrawal from the Paris accord
  • Several auto manufacturers have intervened on the side of the Administration in the challenge to the NHTSA preemption rule
  • US DOJ taking on cap-and-trade authority and other updates on state/local activities
  • New York v. Exxon trial
  • New developments in the climate nuisance cases
  • New Massachusetts suit against Exxon
  • and, of course, discussion of any late-breaking climate news . . .

Speakers:
Vicki Arroyo, Executive Director, Climate Center, Georgetown University
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.

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November 11, 2019
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An ELI 50th Anniversary Seminar

Marine litter is human-created waste that has been discharged into the marine environment, including glass, metal, plastics, and other debris. According to data compiled by the United Nations, the equivalent of a garbage truck filled with plastic is dumped into the ocean every minute – that’s more than 8 million metric tons per year. While progress is being made to manage marine litter through enacting laws governing the production and use of land-based materials that cause marine litter and cleanups, challenges persist including supervising waste disposal into the marine environment and establishing overarching marine litter legislation.

How do agencies work together to establish national and international regulations for assessing and removing marine litter? What are the root causes of ocean debris pollution, and how are these root causes of pollution being confronted? How can stakeholders become more involved in marine litter prevention and management? Panelists engaged in these questions and more as they explored recent U.S. legislation to target marine litter, the economic impacts of marine litter, and examples of successful international marine pollution agreements and regulatory collaborations.

Panelists:
Carl Bruch
, Director, International Programs, Senior Attorney, Environmental Law Institute, Moderator
Carole Excell, Acting Director, Environmental Democracy Practice, World Resources Institute (WRI)
K. Russell LaMotte, Managing Principal, Beveridge & Diamond PC
Adena Leibman, Natural Resources Counsel and Appropriations Manager, Office of U.S. Senator Sheldon Whitehouse (RI)

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.

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November 12, 2019
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The Environmental Law Institute invited Dr. Gerd Droesse to share his experiences in international organizations (including in setting up the Green Climate Fund (GCF) and the World Green Economy Organization (WGEO)) and celebrates his forthcoming book (TMC Asser Press, December 2019).

Dr. Droesse’s book proposes that fundamental concepts of institutional law need to be rethought and revised. Contrary to conventional wisdom, international organizations do not need to have members, and the members do not need to be exclusively states and international organizations. Private sector entities may also be full members. Furthermore, international organizations do not need to possess international legal personality, nor is their autonomy necessarily a corollary of their personality. Moreover, the notion of “subject of international law” needs to be reconsidered and the very concepts and definitions of “intergovernmental organization” and “international organization” need to change and be defined in a wider manner. It is propounded that the power of creation of new organizations has passed over to international organizations and other entities.

Dr. Gerd Droesse is a recognized specialist in institutional law, international administrative law, complex institutional and financial policy matters, and corporate governance issues, with over 30 years of experience working for international organizations in senior and management positions. He was a Director of the Asian Development Bank, Legal Counsel/Acting General Counsel of the GCF, and assisted the WGEO as General Counsel in preparing its transition to a new type of intergovernmental organization. Dr. Droesse teaches at the Paris School of International Affairs (SciencesPo).

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November 13, 2019
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An Environmental Law Institute and International Network for Environmental Compliance and Enforcement Co-Sponsored Webinar

Many enforcement tools are currently used to combat biodiversity and wildlife crimes at the international, national, and local levels. At the international level, existing treaties and international norms such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) aim to bind states to take action to protect wildlife. Nationally, states enact and enforce regulatory schemes to monitor and impose penalties for biodiversity and wildlife crimes, like the Endangered Species Act (ESA) in the United States. Local governments likewise seek to control the behavior of big-game hunters. In Nepal, for example, some local communities adjacent to protected areas have established Community Based Anti-Poaching Units (CBAPUs) to encourage local youth volunteerism to help protect biodiversity. Why then is the global community still experiencing unprecedented rates of biodiversity loss and species extinctions? What responses are needed from the legal community to address this crisis?

With climate change and human activity posing an increasing threat to biodiversity, it is critical to take stock of the impact current enforcement tools have on stemming biodiversity loss. How effective have each of these tools been in addressing the issue? How do the separate frameworks at the global, national, and local levels fit together? How well does international law work in conjunction with local enforcement practices to prevent illegal wildlife trafficking and poaching? What are the current gaps, and how can these be addressed?

Our panelists explored the different enforcement methods that address illegal wildlife crime and trade. Panelists also discussed best practices for policymakers and focused on what is needed from the international community to protect the Earth’s remaining biodiversity.

Panelists:

Achinthi Vithanage, Visiting Associate Professor of Law, George Washington Law School, Moderator
Andrea Crosta, Executive Director and Co-Founder, Earth League International
Grace Ge Gabriel, Regional Director - Asia, International Fund for Animal Welfare (IFAW)
Tim O’Connell, Support Officer, International Consortium on Combating Wildlife Crime (ICCWC), CITES Secretariat

November 13, 2019
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Co-Sponsored the DC Bar EENR Community, The Environmental Law Institute,
Women in Government Relations, and the Women's Council on Energy ;and the Environment (WCEE).


Before you know it, it’ll be Thanksgiving, and Christmas, and New Year’s - so why not kick-off the holiday season with a quick drink. There’s nothing like making new friends and sharing a laugh. To make it even more special, we’re hoping you can bring a new, unwrapped toy for an underprivileged child. A small cost to you would bring great joy to a child. Let’s make our Happy Hour into someone’s Happy Year!

About the co-hosts

DC Bar Environment, Energy and Natural Resources (EENR) Community: The EENR Community focuses on new and significant legislative, regulatory, judicial, and policy developments in the fields of environmental, energy, and natural resources.

Environmental Law Institute (ELI): ELI’s mission is to foster innovative, just, and practical law and policy solutions to enable leaders across borders and sectors to make environmental, economic, and social progress.

Women in Government Relations (WGR): WGR’s mission is dedicated to advancing and empowering women by fostering professional development and growth opportunities through a community that supports women’s leadership in government relations.

Women’s Council on Energy and the Environment (WCEE): WCEE’s mission is to provide nonpartisan, policy neutral forums on energy and environmental issues and to foster the professional development of its members.

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November 14, 2019
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Presented by  the Energy and Environmental Law Forum of the Women's Bar Association of D.C. and Co-sponsored by ELI and the D.C. Bar Environment, Energy and Natural Resources Community


Climate change is in the news constantly, and not in a good way. But the good news is that women are at the front lines of the innovative efforts to make our communities more resilient and to avoid some of the worst consequences. Key leaders from government, the media, and nonprofits shared all they are doing in the climate change arena…and discussed what you can do to help.

Featuring:
Amelia Draper, Meteorologist, NBC StormTeam 4
Adriana Hochberg, Assistant Chief Administration Officer (Climate Change), Montgomery County MD
Jennifer Huang, Senior International Fellow, Center for Climate and Energy Solutions (C2ES)
Monica Medina, Founder and Publisher of Our Daily Planet, formerly Principal Deputy Undersecretary, National Oceanic and Atmospheric Administration (NOAA)

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November 15, 2019
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ELI is pleased to co-sponsor FIC's 10th Anniversary Conference

Conference Panels:
Underrepresented Truth: Exploring inadequate and unequal access to environmental justice (unique challenges of low-wage workers, immigrants, undocumented workers and the rural poor.
Overcoming legal bars to truth-telling: Legal professionals discuss industry tricks of the trade such as veggie libel, SLAPP suits, defamation threats, non-disclosure agreements, and sealing documents.
Contract Farmers and the Growing Resistance in Rural America: Former whistleblowers and their allies who challenge corrupt corporate farming models.
Fast Food: Impacts of USDA’s Increased Pork and Poultry Line Speeds. What does this mean for workers, animals, food safety and the environment?
Food and Climate Change: The truth about how what we eat can affect the planet. Panelists discuss the role of agriculture in the mitigation of our climate crises.

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November 18, 2019 - November 20, 2019
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ELI’s Annual Eastern Boot Camp on Environmental Law® is an overview of environmental law from the top experts in the field. Boot Camp is designed primarily for attorneys and environmental managers new to environmental law, although more experienced professionals have found the course provides an efficient update as well. While the course has a strong legal focus, it is accessible to professionals other than lawyers, including corporate environmental managers, paralegals, and technical staff who would benefit from a more thorough understanding of environmental law.

ELI’s Eastern Boot Camp on Environmental Law® is led by carefully selected senior practitioners and environmental managers who provide a practical and pragmatic view of environmental law and policy issues likely to be encountered by those working in the field. Annual topics include sessions on: NEPA, ESA, CWA, civil and criminal enforcement, TSCA, FIFRA, energy law, CAA, RCRA, CERCLA, due diligence in transactions, and ethics.

Please note: ELI's Boot Camp on Environmental Law® is available only to the member firms and organizations of ELI’s Professional, Corporate, and Public Interest Programs and to individual ELI Associates Program members. Membership status must be current through the month of the course. We encourage early enrollment as space is limited. Those seeking CLE can earn almost 20 hours for a reasonable fee, with special discounts provided to government, academic, and public interest employees.

For information on future Boot Camps, please go HERE.


 

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November 19, 2019
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Presented by the Georgetown Environmental Law Review (GELR), co-sponsored by ELI and the Georgetown Enviornmental Law and Policy Program.


The Georgetown Environmental Law Review invited participants to their biannual symposium on November 19, 2019. This symposium explored and built upon Professor Brown Weiss’s academic and professional work in international environmental law with panels on intergenerational equity, accountability and compliance, and international legal structures.

Go HERE for a full agenda.

Introductory Remarks
Sam Ruddy, GELR Editor-In-Chief
Sara Colangelo, Director, Georgetown ELPP
Elizabeth Mrema, Officer in Charge, Convention on Biological Diversity Secretariat (via video) (TBC)
Tony Oposa, Law of Nature Foundation (via video)

Panel 1: Accountability in International Institutions
Chair: Peter Lallas, Global Environment Facility
David Hunter, American University, Washington College of Law "Expanding the Theory and Practice of Accountability Under International Law"

Panel 2: Applying & Extending Intergenerational Equity
Chair: Carroll Muffett, Center for International Environmental Law
Steph Tai, University of Wisconsin Law. "In Fairness to Future Generations of Eaters"
Kirk Talbott, Environmental Law Institute. "EBW as Pathfinder: Strengthening Property Rights and Community Based Resource Management for Indigenous Peoples Worldwide”
Lydia Slobodian, IUCN Environmental Law Center. "Defending the Future: Intergenerational Equity as a Legally Enforceable Right”

Panel 3: Reconceptualizing International Environmental Law
Chair: Lucinda Low, Steptoe and Johnson (TBC)
Dan Magraw, Johns Hopkins University, SAIS. "Fifty Shades of Green"
Jutta Brunnée, University of Toronto Law. "Structural Challenges: International Environmental Law and Climate Change"
Carl Bruch, Environmental Law Institute. "Greenish, but with More Dimensions: New Horizons in International Environmental Law”

Reflections on Sustainable Development in a Kaleidoscopic World: Edith Brown Weiss, Professor, Georgetown University Law Center

Closing Remarks: Carl Bruch, ELI


November 18, 2019 - November 20, 2019
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ELI’s Annual Eastern Boot Camp on Environmental Law® is an overview of environmental law from the top experts in the field. Boot Camp is designed primarily for attorneys and environmental managers new to environmental law, although more experienced professionals have found the course provides an efficient update as well. While the course has a strong legal focus, it is accessible to professionals other than lawyers, including corporate environmental managers, paralegals, and technical staff who would benefit from a more thorough understanding of environmental law.

ELI’s Eastern Boot Camp on Environmental Law® is led by carefully selected senior practitioners and environmental managers who provide a practical and pragmatic view of environmental law and policy issues likely to be encountered by those working in the field. Annual topics include sessions on: NEPA, ESA, CWA, civil and criminal enforcement, TSCA, FIFRA, energy law, CAA, RCRA, CERCLA, due diligence in transactions, and ethics.

Please note: ELI's Boot Camp on Environmental Law® is available only to the member firms and organizations of ELI’s Professional, Corporate, and Public Interest Programs and to individual ELI Associates Program members. Membership status must be current through the month of the course. We encourage early enrollment as space is limited. Those seeking CLE can earn almost 20 hours for a reasonable fee, with special discounts provided to government, academic, and public interest employees.

For information on future Boot Camps, please go HERE.


 

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November 18, 2019 - November 20, 2019
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ELI’s Annual Eastern Boot Camp on Environmental Law® is an overview of environmental law from the top experts in the field. Boot Camp is designed primarily for attorneys and environmental managers new to environmental law, although more experienced professionals have found the course provides an efficient update as well. While the course has a strong legal focus, it is accessible to professionals other than lawyers, including corporate environmental managers, paralegals, and technical staff who would benefit from a more thorough understanding of environmental law.

ELI’s Eastern Boot Camp on Environmental Law® is led by carefully selected senior practitioners and environmental managers who provide a practical and pragmatic view of environmental law and policy issues likely to be encountered by those working in the field. Annual topics include sessions on: NEPA, ESA, CWA, civil and criminal enforcement, TSCA, FIFRA, energy law, CAA, RCRA, CERCLA, due diligence in transactions, and ethics.

Please note: ELI's Boot Camp on Environmental Law® is available only to the member firms and organizations of ELI’s Professional, Corporate, and Public Interest Programs and to individual ELI Associates Program members. Membership status must be current through the month of the course. We encourage early enrollment as space is limited. Those seeking CLE can earn almost 20 hours for a reasonable fee, with special discounts provided to government, academic, and public interest employees.

For information on future Boot Camps, please go HERE.


 

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November 21, 2019
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Co-sponsored by ELI and ABA SEER


This course features representatives of the EPA and the Environmental Law Institute, profiling federal agency-sponsored voluntary programs and partnerships for the reduction of air emissions. Over the course of 90 minutes, this program will focus on the efforts of the following EPA programs: Center for Corporate Climate Leadership, Green Power Partnership, Smartway, and Energy Star. Attendees will receive an overview of existing federal agency-sponsored programs for voluntary actions to reduce air emissions.

The programs are designed to increase a practitioner's understanding and comprehension of existing regulatory programs as they may be enhanced by voluntary action to be taken by the regulated community that goes beyond the minimum required by law. Join us to develop the tools for further action to go beyond the basic requirements to comply with air emission standards within the regulated community. Engagement and understanding of voluntary programs and partnerships furthers practitioners' interest and skills in taking voluntary regulatory action.

 

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