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December 2020

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December 2, 2020
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An ELI and Energy Bar Association Co-Sponsored Webinar

As the energy transition accelerates, power system modeling is being used in more and more studies and scenario analysis to explore the types of grid changes needed to incorporate massive quantities of renewable energy and allow for the retirement of fossil generation. While the purview of system planners, corporate and organizational clients need help form and represent positions during related stakeholder meetings or comment on published studies. This program will review some of the basics of power system modeling to familiarize EBA members with key terminology, tools, how system modeling works and what it can and cannot do. Arranged as a series of mini-classes for the attorneys and other EBA professional members, these classes will provide a time-efficient education of some basics that practitioners should know to help advise and represent clients.

 

Panelists:
Benjamin D’Antonio, Counsel and Analyst, New England States Committee on Electricity (“NESCOE”)
Alan McBride, Director, Transmission Services and Resource Qualification, ISO New England Inc.
Dr. Kathleen Spees, Principal, The Brattle Group

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December 3, 2020 - December 4, 2020
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This conference is co-sponsored by ALI CLE and the Environmental Law Institute.


Why You Should Attend

More than just an update on current developments, this singular course brings together cutting-edge issues in water law and examines them in high-level, integrated discussions.

A top-flight faculty – representing the regulators, industry, and environmental advocates – provide in-depth legal analyses, policy perspectives, and insights on the challenges environmental attorneys and related professionals in water law are facing today.

Join us for two half-day webcasts and get up-to-date on recent programmatic, litigation, and regulatory developments affecting the protection of the nation’s waterways and wetlands, as well as the larger, emerging issues that will strongly influence water law and practice in the years to come.

What You Will Learn

The program updates experienced environmental attorneys and related professionals and provides general practitioners with a durable framework for understanding the Clean Water Act (CWA) and counseling clients in this complex, evolving area. Anticipated topics include:  

  • Waters of the United States (WOTUS) and the Navigable Waters Protection Rule – Where are we now?
  • The Supreme Court decision in County of Maui v. Hawai'i Wildlife Fund and the future of the CWA
  • Environmental regulation post-election
  • Practical implications of the CWA Section 401 water quality certification rule
  • CWA Section 404 nationwide permits and current pipeline litigation
  • Environmental justice in an era of pandemics, racial and socio-economic disparities, and community engagement

Register today! In an election year and with many pivotal cases making their way through the courts, don’t miss this opportunity to invest in yourself and your practice.

Who Should Attend

Environmental lawyers and other related professionals who need to stay current on Clean Water Act developments will benefit from attending.

Schedule, Faculty, CLE & More

Please visit the event page for the latest information.

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December 3, 2020 - December 4, 2020
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This conference is co-sponsored by ALI CLE and the Environmental Law Institute.


Why You Should Attend

More than just an update on current developments, this singular course brings together cutting-edge issues in water law and examines them in high-level, integrated discussions.

A top-flight faculty – representing the regulators, industry, and environmental advocates – provide in-depth legal analyses, policy perspectives, and insights on the challenges environmental attorneys and related professionals in water law are facing today.

Join us for two half-day webcasts and get up-to-date on recent programmatic, litigation, and regulatory developments affecting the protection of the nation’s waterways and wetlands, as well as the larger, emerging issues that will strongly influence water law and practice in the years to come.

What You Will Learn

The program updates experienced environmental attorneys and related professionals and provides general practitioners with a durable framework for understanding the Clean Water Act (CWA) and counseling clients in this complex, evolving area. Anticipated topics include:  

  • Waters of the United States (WOTUS) and the Navigable Waters Protection Rule – Where are we now?
  • The Supreme Court decision in County of Maui v. Hawai'i Wildlife Fund and the future of the CWA
  • Environmental regulation post-election
  • Practical implications of the CWA Section 401 water quality certification rule
  • CWA Section 404 nationwide permits and current pipeline litigation
  • Environmental justice in an era of pandemics, racial and socio-economic disparities, and community engagement

Register today! In an election year and with many pivotal cases making their way through the courts, don’t miss this opportunity to invest in yourself and your practice.

Who Should Attend

Environmental lawyers and other related professionals who need to stay current on Clean Water Act developments will benefit from attending.

Schedule, Faculty, CLE & More

Please visit the event page for the latest information.

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December 8, 2020
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An ELI and Beveridge & Diamond PC Co-Sponsored Webinar


Commemorating the 40th anniversary of the Superfund program with analysis of its past, present, and future.

On December 11, 1980, President Jimmy Carter signed into law the Comprehensive Environmental Response, Compensation, and Liability Act, aka “Superfund.” Forty years later, Superfund cleanups continue in full stride across the country.

To commemorate the 40th anniversary of the Superfund program, the Environmental Law Institute and Beveridge & Diamond organized two in-depth panel discussions of the past, present, and future of the Superfund program with former EPA and DOJ officials and private practitioners.


The Future of Superfund: Has the Mission Expanded, and Will It Be Permanent?

A moderated panel discussion among former and current senior EPA officials – who have significant private sector experience as well – on what parties should expect from the coming decades of CERCLA in terms of its longevity, its priorities, and ongoing major conflicts over its implementation. Key topics include how the remedial action program has been transforming over time, how the brownfields program has affected the Superfund program, the ongoing evolution of EPA-State relationships, and whether a remedial action, like the James Bond franchise, is forever.

Panelists:
Steven M. Jawetz
, Principal, Beveridge & Diamond PC, Moderator
Timothy Fields, Senior Vice President, MDB, Inc. and former Assistant Administrator, Office of Solid Waste and Emergency Response, Environmental Protection Agency
Mathy Stanislaus, Interim Director, Global Battery Alliance and former Assistant Administrator, Office of Land and Emergency Management, Environmental Protection Agency
Peter Wright, Assistant Administrator, Office of Land and Emergency Management, Environmental Protection Agency

Materials:
There were no additional materials for this webinar.

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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December 10, 2020
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An ELI Workshop

Our cities and communities face an uncertain and daunting future. Diverse challenges, including an increasingly warmer and erratic climate, losses of biodiversity, disparities in economic equality, and state and federal hostility to local action, test the survival of many communities. Paralleling these challenges is an explosion of development that will rival post-World War II land use expansion. Yet most development codes are decades old and not prepared to confront today’s changes, and many local governments do not have the time or resources to research and address the myriad of changes and uncertainty they face.

A recent title from ELI Press, Remarkable Cities and the Fight Against Climate Change, arms local governments with a diversity of approaches to meet the climate change challenge, focusing on actions that are traditionally within local governments’ land use and development authority. The book stems out of the Sustainability Development Code (SDC) project, led by Prof. Jonathan Rosenbloom, author of the book. The SDC provides concrete ways for communities to amend development codes and adapt to new challenges as they occur, and it aims to help all local governments, regardless of size and budget, build more resilient, environmentally conscious, economically secure and socially equitable communities.

Professor Rosenbloom spoke to ELI about his book and the SDC project in a recent episode of People Places Planet Podcast. This December, he returns to host a virtual workshop. Join ELI, expert panelists, and Professor Rosenbloom to explore these issues and more in this interactive workshop.

Panelists:
Jonathan Rosenbloom, Professor of Law, Vermont Law School and author, Remarkable Cities and the Fight Against Climate Change Moderator
Ralph Becker, Executive Director, Central Wasatch Commission; former Mayor, Salt Lake City; former Member and House Minority Leader, Utah House of Representatives
Sara C. Bronin, Thomas F. Gallivan Chair in Real Property Law and Faculty Director, Center for Energy and Environmental Law, University of Connecticut School of Law

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.

December 10, 2020
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An ELI Webinar

Countries are increasingly turning to marine spatial planning as a comprehensive management tool to better manage and benefit from their ocean environment, while still maintaining ocean health for long-lasting sustainability. A wealth of literature describes the importance of marine spatial planning as a whole, but little attention has been paid to how countries can give their marine spatial planning initiatives the force of law.

This webinar, therefore, is for legal drafters and policy makers who have been asked to “draft a marine spatial planning law.” Guest speakers will share their direct experiences developing marine spatial planning processes and legislation. Presentations will be followed by a discussion with the webinar’s participants.

The webinar draws from Designing Marine Spatial Planning Legislation for Implementation: A Guide for Legal Drafters. This Guide contains detailed and comprehensive information about essential components of marine spatial planning legislation. It also provides examples, drawn from existing legislation and real-world experiences, to illustrate how legislative or regulatory language can address each component. This Blue Prosperity Coalition Guide was funded by the Waitt Foundation and developed by the Environmental Law Institute and Animals | Environment PLLC.

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December 11, 2020
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Co-sponsored by the International Network for Environmental Compliance and Enforcement (INECE)

Over the course of five webinars, INECE has examined the role of citizen science in a variety of circumstances including water and air monitoring, use by indigenous peoples in protecting natural resources, and the impact of citizen science on agency activities. Session 6 will wrap up our six-part series by looking ahead at likely developments in citizen science in enforcement.  The program will follow a discussion format with ample opportunities for participant questions or comments and will feature senior-level government officials, former government officials, NGOs and academics. They will provide perspectives on the role community science will play as technology evolves, data sources become more widely available to citizens, communities seek a bigger role in determining their environmental future, government resources remain under stress in the post-pandemic era, and equity issues play a bigger role in decision-making.

Please join us and our speakers for this exciting roundtable discussion to close our six-part webinar series.

 

Speakers:
Lee Paddock, ELI, Moderator
George Wyeth, ELI, Moderator
Shannon Dosemagen, Open Environmental Data Project
Philip Osano, Stockholm Environment Institute
Nancy Stoner, Potomac Riverkeeper Network
Keith Talley, Louisville Air Pollution Control District
Uta Wehn, IHE Delft

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December 14, 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:

  • GM and Nissan withdrawal from defense of rule preempting state low-carbon vehicle standards
  • A D.D.C. decision finding flaws in climate change analysis for Wyoming oil and gas leases
  • A N.D. Okla. decision allowing NEPA challenge to oil and gas leases to proceed
  • W.D. WA decision vacating permits for methanol refinery and export terminal, citing failure to consider GHG impacts
  • Developments in the multiple suits against energy companies for money damaged under common law nuisance
  • An observation of ongoing activities in the climate / energy / sustainability space, and sentiment post election
  • Steps towards building electrification
  • New ambitious decarbonization standards and regulations
  • Resilience
  • Election-related developments
  • The new Biden climate team

Speakers:
Vicki A. Arroyo, Executive Director, Georgetown Climate Center and Professor from Practice, Georgetown University Law Center
Edan Dionne, Vice President, Environmental, Energy & Chemical Management Programs, IBM
Michael Gerrard, Founder and Director, Sabin Center for Climate Change Law and Andrew Sabin Professor of Professional Practice, Columbia Law School
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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December 15, 2020
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An ELI Public Webinar

The balance between sustainability and human safety is being tested on a global scale by the coronavirus pandemic. After more than six years of momentum for banning a variety of single-use plastic types, the pandemic has brought many of these achievements to a standstill.

The use of medical items such as PPE, disposable face shields, masks, and gloves, as well as general packaging–especially plastic wraps, plastic bags, and food packaging–are merely a few leading examples of the surge of single-use plastic usage at the center of the pandemic. Recycling equipment is sometimes not advanced enough to identify, separate, or break down single-use plastics because they are typically made from multiple types of plastic and/or mixed with other non-recyclable materials.

While several states and municipalities have laws designed to curb consumer use of single-use plastics, at least five states – California, Connecticut, Maine, Massachusetts, and New York – have lifted (some temporarily, some long-term) these regulations due to pandemic-related concerns. During the pandemic, waste from predominantly single-use plastic items has surged and is expected to increase 30% from pre-pandemic levels. This is a significant cause for concern in many realms. One startling aspect comes from pre-pandemic research that suggested annual ocean plastic pollution could triple by 2040, and experts now worry these rollbacks could exacerbate this crisis.

What are the best policies and practices to mitigate single-use plastic pollution during a pandemic? What are the opportunities and challenges to increasing the recycling of single-use plastics? What are the lasting impacts of this pandemic on efforts to limit the use of single-use plastics? Join ELI and leading experts to explore the repercussions of the coronavirus pandemic on overconsumption of single-use plastics.

Panelists:
Martin Bourque, Executive Director, Ecology Center, Moderator
Nicole E. Bothwell, Associate, Squire Patton Boggs LLP
Nick Mallos, Senior Director, Trash Free Seas Program, Ocean Conservancy
Rachel A. Meidl, Fellow, Energy and Environment, Baker Institute for Public Policy, Rice University

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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December 16, 2020
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An ELI Public Webinar

The past several decades have witnessed a tidal wave of Indigenous activism around the world, battling the legacy of colonialism and also the exploitation of natural resources. Indigenous peoples are calling on states to acknowledge their sovereignty and engage in good-faith consultation when making environmental decisions that could impact their lands, resources, heritage, or way of life.

This signals a shift toward recognition of a procedural right to government-to-government consultation. However, many Indigenous and environmental activists claim that actual implementation of these principles falls short of meaningful consultation, amounting to little more than checking a box. Federal and local governments, in turn, are discussing ways to improve consultation that occurs early in the process, engages Indigenous communities as partners, and incorporates Indigenous priorities, perspectives, and science into their decision-making. The United States, Canada, and Colombia provide three distinct case studies of Indigenous and federal consultation, each set within its own historical and cultural context.

Join the Environmental Law Institute and expert panelists as they compare the experiences of Tribes, First Nations, and other Indigenous peoples in the United States, Canada, and Colombia. Leading panelists explore examples of Indigenous input in environmental decision-making and the substantive questions at the intersection of sovereignty and environmental justice.

Panelists:
Cynthia R. Harris, Director, Tribal Programs; Deputy Director, Center for State, Tribal, and Local Environmental Programming; and Staff Attorney, Environmental Law Institute, Moderator
Wesley James Furlong, Staff Attorney, Native American Rights Fund
Robert Hamilton, Assistant Professor, Faculty of Law, University of Calgary
Joshua Nichols, Ph.D., Assistance Professor of Law, University of Alberta

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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December 17, 2020
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An ELI Breaking News Webinar

The results of the 2020 Presidential Election are in and Joe Biden will become the 46th President of the United States. Biden's transition team has introduced sweeping environmental proposals that include rejoining the Paris Agreement, setting a goal of net-zero greenhouse gas (GHG) emissions by 2050, prioritizing environmental justice as a key consideration in rulemaking and new legislation, regulating methane emissions from the oil and natural gas industry, implementing higher greenhouse gas standards for vehicles, halting permits for extracting fossil fuels on federal lands, and investing $2 trillion in clean energy and infrastructure.

Yet, in pursuing these goals, the new administration is likely to face numerous obstacles. The incoming administration is proposing new regulatory action to address climate and environmental issues, but they are also inheriting the challenge of undoing the previous administration’s deregulatory agenda. Additionally, regardless of which major party controls the Senate, bringing ideas requiring significant legislation to fruition will require obtaining bipartisan support in Congress, an increasingly challenging feat in a hyper-partisan era. Finally, the administration will need to find a balance between opponents and proponents of hydraulic fracturing as natural gas is viewed by some as a prized bridge fuel while society transitions to renewables, but by others as a potential threat to securing a low carbon economy and harmful to local environments.

What are the most immediate environmental priorities of the incoming Biden administration? What opportunities and obstacles could the Biden administration likely encounter in pursuing these policy goals? How will a divided Congress affect the new administration’s plans on climate, the environment, and environmental justice? How will the Biden administration transition from the current deregulatory environment? Join ELI and expert panelists to explore this new chapter of environmental governance in the United States.

Panelists:
James M. McElfish, Director of Sustainable Use of Land Program and Senior Attorney, Environmental Law Institute, Moderator
Ann E. Carlson, Shirley Shapiro Professor of Environmental Law Faculty, and Co-Director, Emmett Institute on Climate Change and the Environment, UCLA School of Law
John Cruden, Principal, Beveridge & Diamond PC, formerly Assistant Attorney General, Environment and Natural Resources Division, Department of Justice
Rachel Jacobson, Special Counsel, WilmerHale
Matthew Z. Leopold, Partner, Hunton Andrews Kurth LLP, formerly General Counsel, Environmental Protection Agency (EPA)
Julia Olson, Executive Director & Chief Legal Counsel, Our Children’s Trust

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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