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An ELI WELL (Women in Environmental Law & Leadership) seminar with reception to follow

Karen Kalish, serial social entrepreneur and former television reporter, presented an interactive seminar on how to prepare and deliver a great presentation. Karen focused on how to organize, write, and deliver dynamic, effective speeches and presentations that influence and inspire – at your place of work, in the courtroom, and when speaking to clients and prospective clients. A networking session with Karen followed the event.

About the Facilitator: Karen Kalish is the author of How to Give a Terrific Presentation, Dealing Effectively with the Media, and I’ll See You On The Radio. She is the founder of three nonprofits including Cultural Leadership, HOME WORKS! The Teacher Home Visit Program, and Books and Badges in St. Louis. She received an MPA from the Harvard Kennedy School in 2000.

Materials:
Public speaking handout
Karen Kalish presentation

The Environmental Law Institute is pleased to be a co-partner of the 2020 AELERT-INECE conference.

The bi-annual AELERT Conference has always been a unique opportunity for Australasian environmental law practitioners, regulators and people working with our regulated communities to come together and share experiences, knowledge and expertise. Similarly, INECE Conferences have served as an unmatched platform for the international environmental compliance and enforcement community to convene, exchange knowledge, and strengthen alliances.

For the first time, INECE and AELERT have decided to join forces to examine and push the limits of the Conference theme: Environmental Collaboration: Shaping the future of regulation, compliance and enforcement together. This collaboration will open up numerous opportunities to cooperate and build capacity across regions, jurisdictions and organisations in ways that are rarely possible for environmental regulators.

The 2020 AELERT-INECE Conference will strike a balance between technical and operational topics and broader policy and strategic discussions. It will cater to a variety of practice areas such as wildlife, biodiversity and conservation, waste, pollution, marine environment, biosecurity, climate change and much more, at all levels of government and across a range of agencies. Our objective is to learn from each other by sharing best practice and innovation as well as hearing views from countries in different stages of development.

Section 401 certification and permit conditioning under the Clean Water Act (CWA) is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters, and it is not subject to review by the federal permitting authority. However, states are required to set any conditions on the permit within one year or else they forgo their ability to add conditions to these permits.

In practice, this one-year review is difficult for states to meet. This has led to a common practice known as “withdraw and resubmit” in which states could reset the clock for the one-year review period by requesting an applicant to refile. That is, until the Supreme Court denied review of the case after the US Court of Appeals for the DC Circuit unanimously struck down this practice in Hoopa Valley Tribe v. FERC. Now states have one calendar year to issue their water quality certifications and decide if any conditions should be included.

Who will benefit most from the Hoopa decision, and who will bear its costs? How might this ruling restrict the authority of the states to influence federally permitted activities through permit conditioning? What actions are states taking to meet this one-year requirement? Our panelists explored the ramifications of the Hoopa decision on the states and Section 401 permit applicants.

Panelists:
James M. McElfish, Director of Sustainable Use of Land Program and Senior Attorney, Environmental Law Institute, Moderator
Rick Glick, Partner, Davis Wright Tremaine LLP
Sharon White, Of Counsel, Van Ness Feldman, LLP

Resources:
Water Act Rule Poses Challenges for States (ELI Vibrant Environment Blog, Jan. 27, 2020, Kihslinger/McElfish)

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.

ELI’s Annual Western 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 Western 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: the Clean Air Act, the Clean Water Act, project development and NEPA, environmental liability in business, CERCLA, RCRA, criminal enforcement, environmental ethics, product regulation, and a discussion of recent developments in climate change.

For information on future Boot Camps, please go HERE.

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