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February 2020

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February 3, 2020
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An ELI Breaking News Webinar

The United Kingdom’s (UK) departure from the European Union (EU) is anticipated to have a breadth of legal impacts, especially on national environmental law and policy. EU directives serve as the foundation for a large contingency of environmental standards, environmental protection regimes, conservation schemes, and enforcement in the UK. Additional looming implications include those at the interface of agriculture and the environment, business and trade implications, sustainability efforts, chemical regulation, renewable energy development, the Paris Accord and other climate goals, and a variety of multinational treaties and directives. The anticipated impacts are enormous and far-reaching.

Proponents point to the opportunities ahead for government and policymakers to draft and enact UK-specific environmental laws and regulations that will be more attuned to the issues facing the United Kingdom. This flexibility allows for opportunities to arise from a clean slate for environmental law and regulation, yet it also poses significant challenges. Others believe the departure from the EU could lead to deregulation, a lack of consistency and stability with current rules and regulations, and potential decreases in advances made, especially with regards to renewable energy development.

Does the future of environmental law look bleak or opportune in the UK? How is the Department for Environment, Food and Rural Affairs (Defra) preparing for regulations post-Brexit? What role will the UK play in the EU emissions trading scheme, in meeting Paris Accord goals, and with other leading multination environmental treaties and conventions? What are the looming challenges and the most significant areas of opportunity for the UK with respect to national environmental law in the post-Brexit world?

Panelists:
Caitlin F. McCarthy, Director, Education, Associates, and Corporate Partnerships, Environmental Law Institute, Moderator
Miriam Aczel, Ph.D. Candidate, Centre for Environmental Policy, Imperial College London
Begonia Filgueira, Co-Director & Founder, Environmental Regulation and Information Centre (Eric); Solicitor, Senior Courts of England and Wales; a Spanish Abogada; Co-Chair, Brexit Task Force (BTF), UK Environmental Law Association (UKELA)
Dr. Markus Gehring, Director of Studies (Law), Hughes Hall & University Lecturer, University of Cambridge; Fellow, Lauterpacht Centre for International Law; Senior Fellow, Economic Law, Centre for International Governance Innovation (CIGI); Lead Counsel, Trade, Investment & Finance and ad personam Jean Monnet Chair, Sustainable Development Law, Centre for International Sustainable Development Law
Ambereen K. Shaffie, President & Managing Partner, Shaffie Law and Policy
Sarah Williams, Head, Greener UK Unit

Materials:
There are no materials for this event...

ELI members will have subsequent access to any 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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February 4, 2020
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An ELI Public Seminar

Recent international assessments suggest limiting a global average temperature increase below 2˚C is unlikely without deploying large-scale technologies that reduce solar insolation or remove greenhouse gases (GHGs) from the atmosphere. However, real-world research remains deeply controversial, especially given the lack of international oversight of these relatively low-cost, transboundary technologies.

Which geoengineering technologies seem most promising and which seem inauspicious? What are the legal frameworks, if any, governing the research and implementation of geoengineering? Should the policymakers addressing climate change today rely upon the technologies of tomorrow?

Panelists delved into these questions and explored the risks and opportunities in geoengineering mechanisms including solar radiation management (SRM) and carbon dioxide removal (CDR).

Panelists:
Wil Burns, Co-Director, Institute for Carbon Removal Law and Policy, American University, Moderator
Robert A. James, Partner, Pillsbury Winthrop Shaw Pittman LLP
Shuchi Talati, Geoengineering Research, Governance, and Public Engagement Fellow, Union of Concerned Scientists

Materials:
ELI members have subsequent 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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February 6, 2020 - February 7, 2020
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This conference is cosponsored by ALI CLE and the Environmental Law Institute.


Environmental Law Conference: 50th Year Anniversary Presentation

Why You Should Attend

One year after the National Environmental Protection Act (NEPA) was signed into law, the first national CLE focusing on “all phases of the law regulating the use and preservation of natural resources” debuted in Washington, D.C. We provided this information at a time when law schools were not teaching the topic and many lawyers hadn’t heard of it. Now, five decades later, after environmental law has enjoyed its rise to ubiquity, we are still at it: helping lawyers understand the key current environmental law issues that their clients need them to know.

At this signature conference, you'll explore the latest developments in natural resources, climate, chemical, and endangered species law, as well as what’s to come from the Supreme Court and under the current administration and Congress. Together we’ll take a look back and ahead – not only to examine the latest issues, but also to see how far we’ve come and what challenges remain.

What You Will Learn

Expand your understanding of the "big picture" and be on alert for the changes underway today and in the future. Even if your practice is specialized, this high-level program will brief you on the key issues arising in each of the major areas of environmental law and their intersections. A national faculty of seasoned private practitioners, senior governmental officials,  law professors, and public interest advocates, will keep you current and alert you to changes in the many facets of environmental law affecting your practice and your clients. In addition to two keynote addresses, this year’s topics include:

  • Significant recent CERCLA litigation and regulatory developments
  • Clean air enforcement trends
  • PFAS, PFOA, and other emerging contaminants
  • Legislative developments relating to climate change
  • Supreme Court update
  • Water quality and wetlands
  • The energy/environment law interrelationship
  • Due diligence and disclosure
  • Endangered Species Act rule changes
  • Status of NEPA reforms
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February 6, 2020 - February 7, 2020
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This conference is cosponsored by ALI CLE and the Environmental Law Institute.


Environmental Law Conference: 50th Year Anniversary Presentation

Why You Should Attend

One year after the National Environmental Protection Act (NEPA) was signed into law, the first national CLE focusing on “all phases of the law regulating the use and preservation of natural resources” debuted in Washington, D.C. We provided this information at a time when law schools were not teaching the topic and many lawyers hadn’t heard of it. Now, five decades later, after environmental law has enjoyed its rise to ubiquity, we are still at it: helping lawyers understand the key current environmental law issues that their clients need them to know.

At this signature conference, you'll explore the latest developments in natural resources, climate, chemical, and endangered species law, as well as what’s to come from the Supreme Court and under the current administration and Congress. Together we’ll take a look back and ahead – not only to examine the latest issues, but also to see how far we’ve come and what challenges remain.

What You Will Learn

Expand your understanding of the "big picture" and be on alert for the changes underway today and in the future. Even if your practice is specialized, this high-level program will brief you on the key issues arising in each of the major areas of environmental law and their intersections. A national faculty of seasoned private practitioners, senior governmental officials,  law professors, and public interest advocates, will keep you current and alert you to changes in the many facets of environmental law affecting your practice and your clients. In addition to two keynote addresses, this year’s topics include:

  • Significant recent CERCLA litigation and regulatory developments
  • Clean air enforcement trends
  • PFAS, PFOA, and other emerging contaminants
  • Legislative developments relating to climate change
  • Supreme Court update
  • Water quality and wetlands
  • The energy/environment law interrelationship
  • Due diligence and disclosure
  • Endangered Species Act rule changes
  • Status of NEPA reforms
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February 10, 2020
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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:

Speakers:
Vicki Arroyo, Executive Director, Climate Center, Georgetown University
Edan Dionne, Vice President, Environmental, Energy & Chemical Management Programs, IBM
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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February 19, 2020
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An ELI Public Webinar

Prized for its strength, flexibility, abundance, and corrosion proof properties, asbestos was previously used in an enormous breadth of manufactured products. While widespread industrial sales and installation of asbestos-containing products and materials in the United States ended in the 1970s, tons of asbestos remain in communities as a legacy from its previous ubiquity. Today scientists, policy-makers, and populations-at-large know that exposure to asbestos' fibers can be lethal, causing a number of fatal diseases. In many areas, yesterday's asbestos use is today's health hazard, especially as asbestos does not diminish over time and as it becomes brittle it is likely to release hazardous fibers into the environment.

What are the environmental and public health impacts of asbestos? How are they confronted in defense litigation? How can attorneys become more equipped to maneuver asbestos defense litigation? What is the scope of the government’s liability and responsibility in asbestos cases? Panelists engaged in these questions and more as they explored current issues with respect to asbestos litigation, risk and exposure assessment, best practices for court preparation, and more.

Panelists:
Luda Kopelovich, MPH, Business Manager, Cardno Chemrisk, Moderator
Mark A. Behrens, Co-Chair, Public Policy Practice Group, and Partner, Shook, Hardy & Bacon L.L.P.
Michelle Potter, Vice President, KCIC
Ania Urban, Ph.D., MPH, Supervising Health Scientist, Cardno ChemRisk

Materials:
PLEASE NOTE: No additional materials or recording of this event will be available.

February 19, 2020
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Co-sponsored by ELI and the Environmental Law and Policy Annual Review, the Energy, Environment and Land Use Program, the Urban Green Lab, Vanderbilt Climate Change Research Network, and the Nashville Food Waste Initiative

Tatiana Schlossberg, a New York-based journalist who has reported on climate change and the environment for the New York Times, will discuss her book, Inconspicuous Consumption: The Environmental Impact You Don’t Know You Have.

Schlossberg’s book focuses on how ordinary, everyday practices connect to climate change, from the jeans we wear to online streaming services. In addition to her reporting for the Science and Climate sections of the New York Times, Schlossberg’s work has appeared in The Atlantic, the Boston Globe, Bloomberg and Yale Environment 360, among other venues.

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February 20, 2020
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Co-sponsored by ELI and the Environmental Law and Policy Annual Review

The Environmental Law and Policy Annual Review was pleased to host Shana Jones (University of Georgia), Thomas Ruppert (Florida Sea Grant), and Jason Evans (Stetson University) to discuss their recent article “Roads to Nowhere in Four States: State and Local Governments in the Atlantic Southeast Facing Sea-Level Rise.” Through their analysis of localities’ efforts to protect property and infrastructure as sea-levels rise and flooding increases, the authors discussed whether climate adaptation challenges faced by localities merit the reconsideration of the duties, immunities, and authorities of state and local governments.

The event also featured commentary from the following:

  • Jenny Howard, Tennessee Department of Environment and Conservation
  • Kym Hunter, Southern Environmental Law Center
  • Benjamin McFarlane, Hampton Roads Planning District Commission

 

February 20, 2020 - February 22, 2020
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Advancing brief writing and oral advocacy skills in environmental law.

 

Outstanding Reputation. NELMCC is the centerpiece of the Elisabeth Haub School of Law Environmental Law Program, ranked first in environmental law nationally by US News and World Report. Instituted in 1989, The Jeffrey G. Miller National Environmental Law Moot Court Competition (NELMCC) is the largest interschool moot court competition of any kind under one roof, regularly attracting 200 competitors from law schools from all over the nation. Highly competitive with tremendous educational value, NELMCC has established a national standard of excellence in moot court competitions.

Exceptional Learning Experience. NELMCC provides an intellectual workout for competitors through complex legal analysis of today’s thorny environmental issues presented in the Problem. Competitors research and analyze the issues before writing persuasive arguments for one party advocating how the issues should be resolved. Competitors are then required to argue the issues orally for all three parties, rounding out the rigorous academic experience.

ABA SEER Award Winner. NELMCC is the recipient of the 2013 American Bar Association’s Section of Environment, Energy, and Resources Distinguished Achievement in Environmental Law and Policy Award for its broad national reach in engaging environmental law students on appellate brief writing and advocacy and commitment from environmental practitioners and the judiciary who judge and critique the competitors.

Splendid Location. The beautiful campus of Elisabeth Haub School of Law is located only 20 miles north of New York City with convenient access to the city and major airports.

VIEW this year's problem, brief and other information at the event site HERE.

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February 20, 2020 - February 22, 2020
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Advancing brief writing and oral advocacy skills in environmental law.

 

Outstanding Reputation. NELMCC is the centerpiece of the Elisabeth Haub School of Law Environmental Law Program, ranked first in environmental law nationally by US News and World Report. Instituted in 1989, The Jeffrey G. Miller National Environmental Law Moot Court Competition (NELMCC) is the largest interschool moot court competition of any kind under one roof, regularly attracting 200 competitors from law schools from all over the nation. Highly competitive with tremendous educational value, NELMCC has established a national standard of excellence in moot court competitions.

Exceptional Learning Experience. NELMCC provides an intellectual workout for competitors through complex legal analysis of today’s thorny environmental issues presented in the Problem. Competitors research and analyze the issues before writing persuasive arguments for one party advocating how the issues should be resolved. Competitors are then required to argue the issues orally for all three parties, rounding out the rigorous academic experience.

ABA SEER Award Winner. NELMCC is the recipient of the 2013 American Bar Association’s Section of Environment, Energy, and Resources Distinguished Achievement in Environmental Law and Policy Award for its broad national reach in engaging environmental law students on appellate brief writing and advocacy and commitment from environmental practitioners and the judiciary who judge and critique the competitors.

Splendid Location. The beautiful campus of Elisabeth Haub School of Law is located only 20 miles north of New York City with convenient access to the city and major airports.

VIEW this year's problem, brief and other information at the event site HERE.

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February 20, 2020 - February 22, 2020
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Advancing brief writing and oral advocacy skills in environmental law.

 

Outstanding Reputation. NELMCC is the centerpiece of the Elisabeth Haub School of Law Environmental Law Program, ranked first in environmental law nationally by US News and World Report. Instituted in 1989, The Jeffrey G. Miller National Environmental Law Moot Court Competition (NELMCC) is the largest interschool moot court competition of any kind under one roof, regularly attracting 200 competitors from law schools from all over the nation. Highly competitive with tremendous educational value, NELMCC has established a national standard of excellence in moot court competitions.

Exceptional Learning Experience. NELMCC provides an intellectual workout for competitors through complex legal analysis of today’s thorny environmental issues presented in the Problem. Competitors research and analyze the issues before writing persuasive arguments for one party advocating how the issues should be resolved. Competitors are then required to argue the issues orally for all three parties, rounding out the rigorous academic experience.

ABA SEER Award Winner. NELMCC is the recipient of the 2013 American Bar Association’s Section of Environment, Energy, and Resources Distinguished Achievement in Environmental Law and Policy Award for its broad national reach in engaging environmental law students on appellate brief writing and advocacy and commitment from environmental practitioners and the judiciary who judge and critique the competitors.

Splendid Location. The beautiful campus of Elisabeth Haub School of Law is located only 20 miles north of New York City with convenient access to the city and major airports.

VIEW this year's problem, brief and other information at the event site HERE.

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February 24, 2020
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An Environmental Law Institute and Hosting Firm Greenberg Traurig Co-Sponsored Seminar

Cost uncertainty can stand in the way of work party Superfund settlements.  Projects with long schedules pose particular problems for both settling defendants and the government. Environmental risk transfer mechanisms can allow construction of a “synthetic cash-out” that makes the estimated cost of settlement lower for the settling defendants and potentially more certain for all parties. One leading example of this is the 2019 settlement for the last remaining work in the long-running litigation over the Fox River Superfund site.

This seminar focused on the risk modeling analysis utilized to quantify the unknown costs of conducting long-term work and how those techniques can be translated into a firm fixed-price-to-closure contracting arrangement that help parties craft a comprehensive settlement. The case study of the Fox River Superfund site will be used to illustrate thirty years of operation and cap, and other maintenance activities on the river, to dive deeper into these concepts and their application. Leading experts will also explore how manuscripted, site-specific pollution liability insurance can be used to manage previously unquantified and unknown regulatory risks, including the risk of future reopeners and natural resource damage claims. Panelists noted the implications of settlement order - first-to-settle, last-to-settle, or in between - for these techniques.

Panelists:
David G. Mandelbaum, Environmental Practice Co-Chair, Greenberg Traurig, Moderator
Kimberly Mann, Senior Vice President of Environmental Practice, Marsh & McLennan Companies
Albert J. Ricciardelli, Principal, GZA GeoEnvironmental
Curtis B. Toll
, Shareholder, Greenberg Traurig

Materials:
David Mandelbaum presentation
Kimberly Mann presentation
Albert Ricciardelli presentation
Curtis Toll presentation

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.


LOCATION

  • Our offices are at Three Logan Square, 1717 Arch Street, Suite 400.
  • You may enter the building from the Arch Street side until 7 p.m.
  • You may also use the Plaza Entrance, 1718 Cherry Street, which also is the after-hours entrance.
  • Upon arrival, alert the security team that you’re attending an event at our office, and they will assist you from there, directing you to the correct elevator bank.
  • You will come to the fourth floor, make a quick right, and at reception, you will be directed to the event location.

PARKING

  • For GPS purposes, input 1718 Cherry Street for your location.
  • The garage entrance is on the left-hand side of the street, just past the Mace’s Crossing pub.
  • Follow signs to the lower parking levels – Middle or Lower Level.
  • Take the elevator to the lobby and follow the above entrance instructions.

OTHER TRANSPORTATION

  • We also are conveniently located near several SEPTA routes, including the regional rail.
  • Cab and ride-share users should direct drivers to the Plaza Entrance, 1718 Cherry Street.
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February 25, 2020
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An Environmental Law Institute and Climate Media Lab, The Milken Institute School of Public Health, George Washington University co-sponsored workshop

A wide range of plaintiffs have pursued climate litigation encompassing federal statutory claims, public trust claims, adaptation issues, and more on both the domestic and international fronts. Decisions in these cases have the potential to shape how the law addresses pressing climate issues in the years to come. Climate science is both a vital element of environmental litigation and such litigation can be an important avenue for the communication of climate science to the public.

What should courts be focusing on to ensure justice as the number of environmental protection cases continue to increase? How can these cases be communicated to key audiences to ensure engagement and public education? Expert panelists will address these questions and more as they reflect on past cases and tackle the multifaceted aspects of climate cases. Leading panelists will also explore strategies to successfully communicate climate change in the context of litigation.  Join expert panelists, the Environmental Law Institute, and the Climate Media Lab at the Milken Institute School of Public Health of George Washington University for this timely workshop focused on how courts confront climate change and advance environmental protection.

Panelists:
Sandra Nichols Thiam
, Associate Vice President, Research & Policy and Director, Judicial Education Program, Environmental Law Institute, Moderator
Christi Cooper, Producer/Director, “YOUTH v GOV” documentary, Barrelmaker Productions Limited
Robert L. Glicksman, J. B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University Law School
Sabrina McCormick, Ph.D., Associate Professor, Environmental and Occupational Health, George Washington University
Lee Paddock, Professorial Lecturer, George Washington University and Visiting Scholar, Environmental Law Institute

Materials:
Robert Glicksman presentation
Materials will be posted as they are received...


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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