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July 2020

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July 6, 2020
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The Energy Bar Association's Southern Chapter and the Public Utility Research Center at the University of Florida present a 3-panel webinar series taking place each Monday beginning June 29, 2020. Each Monday will feature a different panel to discuss the lesson and challenges of the post-pandemic energy sector.

FULL AGENDA

June 29th - Webinar 1:  How have the pandemic and government responses to it affected utility financials? How are companies managing liquidity, investment and maintenance?  What is Wall Street’s perspective?

  • Gary ClarkChairman, Florida Public Service Commission (moderator)
  • Dan AschenbachPartner, AGVP Advisory
  • Beth CooperExecutive Vice President and Chief Financial Officer, Chesapeake Utilities Corporation
  • Bill GrafPartner, Deloitte Touche in Power, Utilities and Renewables

July 6th - Webinar 2:  How has the pandemic affected customers short term and long term? How will the pandemic affect industry structure?  What types of companies will have thrived and what types will not be around anymore? Did restructured markets fare differently from vertically integrated markets?  What has happened to innovation?

  • Lisa Edgar, Levin College of Law, University of Florida (moderator)
  • Joy DittoPresident and CEO, American Public Power Association
  • Asim HaqueVice President - State and Member Services, PJM Interconnection 
  • Ted KuryDirector of Energy Studies, Public Utility Research Center (PURC) at the University of Florida

July 13th - Webinar 3: What are the largest regulatory challenges? How have regulators responded to the pandemic and are their lessons learned? What ratemaking systems seem to perform best? Will the pandemic change regulation for the future?

  • The Honorable Ronald Brisé, Government Affairs Practice Leader, Gunster Law, former Chair, Florida Public Service Commission (moderator)
  • Commissioner Julie Brown, Florida Public Service Commissions
  • Hon. Tony Clark, Former Commissioner, Federal Energy Regulatory Commission
  • Scott HemplingPrincipal, Scott Hempling, Attorney at Law LLC
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July 7, 2020
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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 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 change in how we manage waste. This session on hazardous waste and sites examined the events that led to the enactment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Panelists explored the legal foundation to CERCLA and also those of the Resource Conservation and Recovery Act (RCRA). Faculty addressed 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:
Margrethe Kearney, Senior Staff Attorney, Environmental Law & Policy Center (ELPC)
Charlotte Mooney, Chief, Cleanup Programs Branch, Office of Resource Conservation and Recovery, Environmental Protection Agency
Megan Roberts-Satinsky, Senior Legal Counsel, Washington Gas

Materials:
Margrethe Kearney presentation
Charlotte Mooney presentation
Megan Roberts-Satinsky presentation

**See the entire Summer School 2020 schedule HERE.**

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July 10, 2020
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An ELI and American University Washington College of Law Program on Environmental and Energy Law Public Webinar

In times of crisis it is clearer than ever that vulnerable communities are impacted the most. As the climate crisis looms, policy must work to protect vulnerable communities while also rapidly reducing greenhouse gas emissions. States are leading the way with innovative legislation that prioritizes the needs of communities and sets ambitious goals for decarbonization. These policies are often due to the efforts of diverse coalitions composed of justice-oriented, environmental, and labor organizations. Recently implemented policies in the District of Columbia, Illinois, and New York offer potential models for equitable climate change policy.

Panelists explored lessons learned from legislation including the New York Climate Leadership and Community Protection Act, the Illinois Future Energy Jobs Act, and the District of Columbia’s ambitious Clean Energy Omnibus Amendment, particularly in the context of a global health crisis. Participants gained a robust understanding of some of the nation’s leading policy strategies to address climate change.

Speakers:
William Snape III
, Director, Program on Environmental and Energy Law, American University Washington College of Law
Shalanda Baker, Professor of Law, Public Policy and Urban Affairs, Northeastern University School of Law
Kelly Crawford, Associate Director, Department of Energy & Environment (DOEE)
Kenley Farmer, Associate Director for the Affordability and Efficiency Division, Department of Energy & Environment (DOEE)
Raya Salter, Member, New York State Climate Action Council

Materials:
Pls contact randol@eli.org for copies of speaker presentations


NOTE: 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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July 13, 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:

  • The Hawaii Supreme Court decision holding that the Public Utilities Commission improperly limited the consideration of the greenhouse gas impacts of two liquid natural gas projects
  • New lawsuits brought by Minnesota and District of Columbia against oil and gas companies alleging campaign of deception
  • Decision of the Texas Court of Appeals dismissing Exxon Mobil's petition seeking discovery against California cities and counties that are suing it in California courts for climate change damages
  • Decision of California Court of Appeal rejecting key aspects of San Diego County's appeal of decision setting aside its Climate Action Plan
  • Highlights of the 2019 IBM and the Environment Report to be released this week
  • CA passes landmark advanced Clean Trucks Rule
  • NC releases Climate Risk Assessment and Resilience Plan
  • NV announces plan to adopt CA ZEV mandate and tailpipe emissions
  • CA Office of Planning and research has updated General Plan Guidelines to include guidance on environmental justice
  • NJ announces plans to build country’s largest offshore wind port
  • VA announces successful installation of first offshore wind farm approved by BOEM
  • NY officials unveil draft (white paper) road map for getting 70% of state power from renewables by 2030
  •  Discussion of the recent report from the House Select Committee on the climate crisis and the House transportation infrastructure legislation

Speakers:
Vicki Arroyo, Professor from Practice and 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.

July 13, 2020
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The Energy Bar Association's Southern Chapter and the Public Utility Research Center at the University of Florida present a 3-panel webinar series taking place each Monday beginning June 29, 2020. Each Monday will feature a different panel to discuss the lesson and challenges of the post-pandemic energy sector.

FULL AGENDA

June 29th - Webinar 1:  How have the pandemic and government responses to it affected utility financials? How are companies managing liquidity, investment and maintenance?  What is Wall Street’s perspective?

  • Gary ClarkChairman, Florida Public Service Commission (moderator)
  • Dan AschenbachPartner, AGVP Advisory
  • Beth CooperExecutive Vice President and Chief Financial Officer, Chesapeake Utilities Corporation
  • Bill GrafPartner, Deloitte Touche in Power, Utilities and Renewables

July 6th - Webinar 2:  How has the pandemic affected customers short term and long term? How will the pandemic affect industry structure?  What types of companies will have thrived and what types will not be around anymore? Did restructured markets fare differently from vertically integrated markets?  What has happened to innovation?

  • Lisa Edgar, Levin College of Law, University of Florida (moderator)
  • Joy DittoPresident and CEO, American Public Power Association
  • Asim HaqueVice President - State and Member Services, PJM Interconnection 
  • Ted KuryDirector of Energy Studies, Public Utility Research Center (PURC) at the University of Florida

July 13th - Webinar 3: What are the largest regulatory challenges? How have regulators responded to the pandemic and are their lessons learned? What ratemaking systems seem to perform best? Will the pandemic change regulation for the future?

  • The Honorable Ronald Brisé, Government Affairs Practice Leader, Gunster Law, former Chair, Florida Public Service Commission (moderator)
  • Commissioner Julie Brown, Florida Public Service Commissions
  • Hon. Tony Clark, Former Commissioner, Federal Energy Regulatory Commission
  • Scott HemplingPrincipal, Scott Hempling, Attorney at Law LLC
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July 14, 2020
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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 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 faculty explored chemical product regulation matters including risk communication, minimizing legal liability, and evolving policy matters. Additionally, faculty explored emerging plant-based products and the potential impacts of such sustainable products. Faculty:

  • examined the regulation of chemicals that are used in industrial products, consumer products, and pesticides
  • explored the new governance and stewardship initiatives being considered globally by a wide variety of stakeholders to diminish the potential for adverse effects from chemicals
  • looked into innovative packaging and sustainability efforts, and looked ahead to the future of products regulation.

Faculty:
Lynn L. Bergeson
, Managing Partner, Bergeson & Campbell P.C.
Rachel Goldstein, Global Packaging Sustainability, Mars, Incorporated

Materials:
Lynn Bergeson presentation
Rachel Goldstein presentation

**See the entire Summer School 2020 schedule HERE.**

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July 16, 2020
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Co-sponsored by University of California Center for Law, Energy & the Environment; Yale School of the Environment Project on the Energy and Environmental Impacts of the Digital Economy; and the Environmental Law Institute


Since ride-hailing platforms burst onto the scene a decade ago, they have revolutionized the way people move around the urban environment. Their sudden rise in ridership has meant existing transportation systems and local governments have had to work rapidly to try and keep pace with and adapt to the burgeoning industry and changes in rider behavior. Panelists looked at the current and potential sustainability of ride-hailing, including questions surrounding sector emissions and the utilization of electric vehicles, systemic fit with public transportation, and labor and economic equity.

Speakers:
Jordan Diamond, Executive Director, Center for Law, Energy & the Environment, Moderator
Deepak Rajagopal, Associate Professor in the UCLA Institute of the Environment and Sustainability and Dept. of Urban Planning
Joshua Skov, Industry Mentor and Instructor at the Lundquist College of Business and the Center for Sustainable Business Practices at the University of Oregon
Adam Stocker, Transportation Researcher, Sustainable Economies Law Center and UC Berkeley’s Transportation Sustainability Research Center

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July 21, 2020
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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 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 and ask questions. 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 session to introduce participants to the opportunities and obstacles within the realm of environmental justice.

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 explords the foundations, current opportunities, and obstacles facing environmental justice. Faculty explored 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:
Veronica Eady, Assistant Executive Officer, California Air Resources Board
Quentin C. Pair, Adjunct Professor, Howard University School of Law and former Trial Attorney, Environmental Enforcement Section, Environment and Natural Resources Division (ENRD), Department of Justice (DOJ)
Lovinia Reynolds, Policy Analyst and Environmental Justice Coordinator, Environmental Law Institute
Robin Rotman
, Assistant Professor of Energy and Environmental Law and Policy, School of Natural Resources, University of Missouri-Columbia and Counsel, Van Ness Feldman LLP
Carlton Waterhouse, Ph.D., Professor of Law, Howard University School of Law

Materials:
Veronica Eady presentation
Lovinia Reynolds presentation
Robin Rotman presentation
Carlton Waterhouse presentation

**See the entire Summer School 2020 schedule HERE.**

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July 22, 2020
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Co-sponsored by the D.C. Bar Environment, Energy, and Natural Resources Community; American University Washington College of Law; Sabin Center for Climate Change Law; Women In Government Relations; American College of Environmental Lawyers (ACOEL); Environmental Law Network


An ELI Master Class

Corporate social responsibility (CSR) and professional responsibility impacts companies, nonprofits, and employees alike. Businesses are increasingly turning to CSR to make a difference in society and build a positive brand around their company. This ELI Master Class discussed valuable tools and approaches for successfully implementing and reporting CSR.

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AGENDA
12:00 - 12:15 PM

Opening Remarks

John J. Forrer, Director, Institute for Corporate Responsibility; Research Professor, Strategic Management & Public Policy; and Associate Faculty, Trachtenberg School of Public Policy and Public Administration, George Washington University

12:15 - 1:30 PM

Panel 1: Introduction & Foundations of CSR tackled the bases of how corporations can best implement CSR through socially responsible business practices. The bedrock of a successful CSR program is a strategic alignment with the company’s business model. Panelists explored the foundations of CSR programs, the evolution and current state of CSR programs, how CSR has changed the industry, and what is on the horizon for the future of CSR practices.

  • Nicoline Good, Postgraduate Researcher, University of Edinburgh, Moderator
  • Emily Smith Ewing, Executive Director and Senior Fellow, Corporate Social Responsibility, Leitner Center for International Law and Justice, Fordham Law School  
  • Roger Martella, General Counsel, Environment, Health and Safety, General Electric
  • Brendan McCarthy, ESG Research Analyst, Calvert Research and Management

1:30 - 1:45 PM

Break

1:45 - 3:00 PM

Panel 2: CSR Diligence & Maintenance focused on the obstacles and opportunities that arise from establishing and upholding effective CSR initiatives. In order to ensure continuous support and growth of CSR programs, companies often find a need to expand and evolve their definition of CSR. Panelists explored the innovative opportunities and obstacles of maintaining sustainable business practices including purchasing source materials, examining environmental impacts, finding areas of collaboration to foster multi-stakeholder benefits, and more.

  • Angela Ortiz Sedano, ESG and Sustainability Manager, Public Service Enterprise Group (PSEG), Moderator

  • Kendra Abkowitz, Director, Office of Policy & Sustainable Practices, Tennessee Department of Environment & Conservation (TDEC)

  • Ann Condon, Visiting Scholar, Environmental Law Institute (ELI), formerly Director, Resource and Environmental Strategies, General Electric

3:00 - 3:15 PM

Break

3:15 - 4:30 PM

Panel 3: Reporting & CSR provided an in-depth exploration of opportunities and challenges for CSR reporting in the United States. While many reporting frameworks exist and are used by large organizations, differences in reporting standards is a leading challenge faced by multinational corporations, investors, and stakeholders. Panelists tackled the challenges faced by CSR reporting and explored best practices to overcome these hurdles.

  • Cassie Phillips, Visiting Scholar, Private Environmental Governance Initiative, Environmental Law Institute, Moderator 
  • David P. Hackett, Partner, Baker & McKenzie LLP
  • Ira Feldman, President and Senior Counsel, greentrack
   

Materials:
NOTE: 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.

Additional ELI materials:
Is Corporate Social Responsibility Sustainable or a Pernicious Myth?, Bruce Rich (The Envtl Forum, Jan/Feb 2020)
Rise of the Shadow ESG Regulators: Investment Advisers, Sustainability Accounting, and Their Effects on Corporate Social Responsibility, Paul Rissman & Diana Kearney, 49 ELR 10155 (Feb. 2019)
The First Amendment Implications of a Mandatory Environmental, Social, and Governance Disclosure Regime, Rebecca Susko, 48 ELR 10989 (Nov. 2018)
Corporate Responsibility: Promoting Climate Justice Through the Divestment of Fossil Fuels and Socially Responsible Investment, Josepine M. Balzac, 47 ELR 10151 (Feb. 2017)
More Walk, Less Talk: Comment on How Cheap Is Corporate Talk?, Alan Horowitz, 47 ELR 10689 (Aug. 2017)
A Bridge Too Near: Response to How Cheap Is Corporate Talk?, Jeffrey A. Smith, 47 ELR 10691 (Aug. 2017)
Puffery or Promises: When Is Cheap Talk Actionable?, Brian J. Wong, 47 ELR 10694 (Aug. 2017)


CLE INFORMATION:

Webinar CLE Attendees (you must have selected CLE info when you registered by the CLE deadline of July 17):

  • 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 28, 2020
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An ELI ELI Program

For the month of July’s Environmental Law Institute Emerging Leaders Initiative (ELI ELI) program, ELI Leadership Council Member Avi Garbow provided TED Talk style opening remarks.

A leader in environmental law and a strong environmental advocate, Avi Garbow has had opportunities to serve in government in both career and political capacities, in a large global law firm, and now at Patagonia. For his remarks, Avi drew upon the parallels and differences in practicing environmental law in these various roles and the different sense of mission in each.

ELI ELI Leaders have distinguished themselves as up and coming environmental professionals in government, firms, corporations, NGOs and academia. We welcome you to join us for the opportunity to learn from an experienced professional who has thrived in several of these same capacities. After the remarks, Leaders are welcomed into regional-based virtual breakout rooms for further conversation and networking.

ELI ELI programs are for the exclusive benefit of Emerging Leaders.

Panelist:
Avi Garbow
, Environmental Advocate, Patagonia; former Partner, Gibson, Dunn & Crutcher LLP; and former General Counsel, Environmental Protection Agency (EPA)

 

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July 30, 2020
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An ELI Public Webinar

On December 7, 1972 the crew of the Apollo 17 spacecraft took a picture of Earth from 18,000 miles away. This image of planet Earth, known as the Blue Marble, became one of the most famous images to date. Inspired by the image, a surge of environmental activism took place, enlarging the young and growing environmental movement. This movement led to the development of modern environmental law in the United States.

Now almost five decades later, there has been a resurgence in space exploration, at a time when climate change, natural disasters, and a deregulatory environment are putting the environmental health of the planet in continued peril.

Why the renewed interest? With an ever-growing population and dependence on natural resources, companies, government, and academia are beginning to look increasingly to possibilities for space mining. The passage of the Commercial Space Launch Competitiveness Act of 2015 has led to an uptick in interest in asteroid mining, as the act allows for U.S. citizens and corporations to engage in the commercial exploration and exploitation of space resources.

In relatively unchartered territory this begs the question: what can space law learn from environmental law? How can exploitation of natural resources beyond Earth’s orbit help or hinder environmental protection in the United States? What factors are at play and guiding decisionmakers on future plans for space exploration? Our panelists explored these questions and examined the intersection of environmental law and space law.

Panelists:
Heather Bloemhard, Ph.D.
, Assistant Director for Federal Relations, Office of Federal Relations, Vanderbilt University & former Science & Technology Policy Fellow, Defense Laboratories Office, Department of Defense (DOD), American Association for the Advancement of Science (AAAS) and John. N Bahcall Public Policy Fellow, American Astronomical Society, Moderator
Angel Abbud-Madrid, Ph.D., Director, Center for Space Resources, and Director, Space Resources Graduate Program, Colorado School of Mines; President, Space Resources Roundtable; and Observer & Technical Panel Member, The Hague International Space Resources Governance Working Group
Dorothy Metcalf-Lindenburger, Environmental Geologist & Consultant, Geosyntec Consultants and former Astronaut, NASA
Gabriel Swiney, Attorney Adviser, U.S. Department of State

Materials:
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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