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June 2021

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June 2, 2021
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An ELI Public Webinar

Around the world, the rights of youth in the context of climate change are increasingly raising complex legal questions. In 2015, 21 children filed a lawsuit, Juliana v. United States, against the U.S. government for violating their constitutional right to life, liberty, and property through “affirmative actions” that enabled climate change. They are represented by Our Children’s Trust, a public interest law firm that has brought suits against both state and federal governments on behalf of youth in Alaska, Arizona, Colorado, Florida, Massachusetts, New Mexico, New York, Oregon, Pennsylvania, Texas, and Washington state. Using public trust doctrine and constitutional law, they argue the U.S. government is responsible for its role in destabilizing the climate for present and future generations. Since its filing in 2015, Juliana v. United States has faced numerous obstacles and attempts for dismissal. In 2016, the U.S. District Court of Oregon rejected requests for dismissal from the U.S. government and fossil fuel industries stating that “a climate system capable of supporting human life” is a fundamental right. Today, the plaintiffs await a ruling from the district court on their request to amend their complaint.

Vital questions remain: Can the U.S. government’s energy policies be directly linked to the alleged harm? Have the rights of the plaintiffs been infringed, and if so, is it even possible for the U.S. government to repair the harm? Join ELI for this fascinating webinar, featuring leading voices from around the country on the potential outcome for the case; the ramifications, benefits, and challenges that could emerge from this ruling; and its position on the national stage.

Panelists:
Upasana Khatri
, Senior Attorney, Center for International Environmental Law, Moderator
Lisa Heinzerling, Professor of Law, Georgetown University Law Center
Julia Olson, Executive Director and Chief Legal Counsel, Our Children’s Trust
Jeffrey H. Wood, Partner, Baker Botts LLP

Materials:
ELI members 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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June 3, 2021
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An ELI Member Webinar

Environmental criminal enforcement traces its beginnings largely to the passing of the Clean Air Act (CAA), Clean Water Act (CWA), and Ocean Dumping Act. These acts, passed between 1970 and 1972, each include criminal enforcement provisions as an enforcement tool against the most egregious violators. While federal prosecutors did pursue some federal environmental crimes during the 1970s, prosecutors rarely leveraged criminal enforcement for environmental violations.

That changed in 1982 when the Department of Justice (DOJ) established the Environmental Crimes Section (ECS). Since its inception, ECS has prosecuted over 1,000 individuals and 400 corporations, cumulatively resulting in 800 years of incarceration and nearly $1 billion in criminal fines. Criminal enforcement, which often is accompanied by civil suits, tends to accelerate the restitution of environmental damages more so than if civil enforcement were to be pursued alone. Moreover, the revenue generated by criminal fines can be used to restore the environmental damages or as general revenue for the federal government.

Join the Environmental Law Institute and leading panelists to explore how the ECS has shifted criminal enforcement priorities as the nature and scope of environmental crimes has adapted from the 1980s to today. Expert panelists, including several former ECS Section Chiefs, will underscore the rationale for the office’s priorities, highlight lessons learned and best practices, and forecast the evolving nature of environmental crimes and criminal enforcement in the years ahead.

Panelists:
Steven P. Solow
, Partner, Baker Botts LLP, former Section Chief, Environmental Crimes, Department of Justice, Moderator
Nadira Clarke
, Partner, Baker Botts LLP and former Trial Attorney, Environmental Crimes, Department of Justice
Deborah L. Harris
, Section Chief, Environmental Crimes, Department of Justice
Stacey H. Mitchell, Partner, Akin Gump Strauss Hauer & Feld LLP and former Section Chief, Environmental Crimes, Department of Justice

Materials:
ELI members 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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June 8, 2021
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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).

An Introduction to Careers in Environmental Law and Policy

Our Summer School Series begins with a session to introduce participants to the many exciting career options in various sectors of environmental law and policy. This session offers the opportunity for budding environmental professionals to ask questions and interact with leading experts in the environmental law and policy fields. Faculty will dive into their career journeys and share advice with participants. These experts represent a diverse range of backgrounds including: non-profit, government, corporate, think-tank, academia, private practice, and more.

Panelists:
Caitlin F. McCarthy
, Director, Education, Associates and Corporate Partnerships, Environmental Law Institute, Moderator
Dannique Aalbu, Biologist, California Department of Transportation
Lisa Benjamin, PhD, Assistant Professor of Law, Lewis & Clark Law School
Marisa Blackshire, Senior Director, Environmental Compliance and EHS, Bloom Energy
Loyti Cheng, Counsel, Davis Polk & Wardwell LLP
Erin Eastwood, Program Director, National Ocean Protection Coalition
Ruth Greenspan Bell, Public Policy Fellow, Woodrow Wilson International Center for Scholars
Kristin R. Robrock, Ph.D., Managing Engineer, Exponent

Materials:
Loyti Cheng presentation
Kristin Robrock presentation

 

**See the entire Summer School 2021 schedule HERE.**

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June 10, 2021
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An Environmental Law Institute Public Webinar

In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. This program explores the potential for the U.S. to use the SDGs as a sustainable development policy framework to help accelerate the transition to a sustainable society. It draws upon lessons gathered in the Environmental Law Reporter article, “Making America a Better Place for All: Sustainable Development Recommendations for the Biden Administration.” The piece compiles recommendations from 21 leading subject matter experts on how the SDGs can form a critical normative framework to improve human quality of life, freedom, and opportunity by integrating economic and social development with environmental protection.

What is the value for federal, state, and local governments as well as companies and other organizations in employing SDGs as metrics for sustainability goals? Could employing an SDG framework risk watering down environmental protection? In the face of multiple challenges and opportunities, join the Environmental Law Institute, article authors, and leading experts for a dynamic investigation of the potential for SDGs to inform federal, state, local, and private policy moving forward.

Panelists:
John Dernbach, Director, Environmental Law and Sustainability Center, and Commonwealth Professor of Environmental Law and Sustainability, Widener University Commonwealth Law School, Moderator
John Bouman, Resident Fellow, University of Chicago Institute of Politics, and former President, Shriver Center on Poverty Law
Kimberly Marie Brown, Advisor on Governance and Justice, and Obama Foundation Scholar and Foreign Policy Interrupted Fellow
Sally Fisk, Vice President and Assistant General Counsel, Chief Counsel, Environment and Sustainability Law, Pfizer, Inc.
Christopher Gray, Senior Director, Environment, Social, Governance (SDG) Lead, Pfizer Inc.
Jane Nelson, Director, Corporate Responsibility Initiative, and Adjunct Lecturer, Public Policy, Harvard Kennedy School
Audra Wilson, President and CEO, Shriver Center on Poverty 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.

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June 14, 2021
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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:

  • BP v. Baltimore -- Supreme Court decision on appealability of aspects of Baltimore's lawsuit against fossil fuel companies
  • Chevron v. San Mateo -- Supreme Court action on petitions for writ of certiorari on other lawsuits against fossil fuel companies
  • Connecticut v. Exxon -- Remand to state court of suit alleging false and misleading statements about climate change
  • Center for Biological Diversity v. Haaland -- Ninth Circuit ruling that Fish & Wildlife Service did not adequately explain removal of Pacific walrus from endangered species list
  • Millieudefensie v. Royal Dutch Shell -- District court in Netherlands orders Shell to reduce global GHG emissions 45% below 2019 levels by 2030, including Scope 3 emissions
  • Status update on climate legislation
  • Biden Administration activities
  • SEC RFI on climate disclosure

Speakers:
James Bradbury, Mitigation Program Director, Georgetown Climate Center, 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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June 15, 2021
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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).

NEPA, ESA and Fundamentals of Environmental Law

The oldest major environmental statutes in the United States have existed for more than four decades. This session serves as an introduction to the framework of environmental law and also highlights two of its major statutes.

The National Environmental Policy Act (NEPA) was enacted to establish a national policy and means for carrying out protective environmental principles. NEPA also established the White House Council on Environmental Quality (CEQ) to ensure federal agencies meet their obligations under NEPA. Under the previous administration, amendments and updates to NEPA focused on the environmental review process in order to streamline the process and reduce long wait times. However, the Biden administration’s newly appointed leadership on the Council on Environmental Quality (CEQ), has signaled a priority of reinstating NEPA’s former process, along with boosting requirements on issues such as climate change, and potentially considering incorporating health assessments into the NEPA process.

The Endangered Species Act (ESA) is the principal law for the protection of endangered species. Administered by the U.S. Fish and Wildlife Service (USFWS) and the Commerce Department's National Marine Fisheries Service (NMFS), ESA protects and recovers imperiled species deemed either “endangered” or “threatened” and the ecosystems that they depend on.

This session serves as an introduction to the fundamentals of environmental law and highlights these two major statutes:

  • the National Environmental Policy Act (NEPA), known as the "Magna Carta" of environmental law
  • the Endangered Species Act (ESA), known as the “pit bull” of environmental law

Panelists:
Marna McDermott
, Assistant General Counsel, Environmental Policy, Exelon Moderator
Jim McElfish
, Director, Sustainable Use of Land Program and Senior Attorney, Environmental Law Institute
Bryan C. Williamson, Associate, Akin Gump

Materials:
Marna McDermott presentation
Jim McElfish presentation
Bryan C. Williamson presentation

Supplemental Materials:
A Citizen's Guide to NEPA (2021)

A Citizen's Guide to NEPA (2007) reflecting NEPA practice from 1978-Sept. 14, 2020
What did CEQ Do? description of Trump Administration changes to the CEQ regulations
Recordings of Summer School sessions are usually posted w/in 48 hours.

**See the entire Summer School 2021 schedule HERE.**

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June 17, 2021
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An ELI Member Webinar

As part of its new climate change policy, the Biden Administration reinstated the social cost of carbon (SCC) as a tool to inform federal regulatory decision-making with climate change impacts in first-day Executive Order 13990.  The social cost of carbon (SCC) is an estimate of the economic damages that occur from emitting one additional ton of carbon into the atmosphere. Following the mandate of a 2008 federal court ruling, it was included in the required analysis of costs and benefits for federal regulatory review of major rules with climate impacts; however, the Trump Administration removed the requirement.

EO 13990 mandated an interagency process to provide an estimate of the SCC that reflects the “best available science” by January 2022.  It also posed a number of important questions to consider.  How can the measure take into account climate risks, environmental justice, and intergenerational equity? In addition to regulatory review,  should the SCC be used in other applications? How should it be updated to take into account the best available science as it evolves?

Join the Environmental Law Institute and leading experts as they explore the key elements of the social cost of carbon, including:  what is at stake with regulatory, and potential other, uses of the social cost of carbon?  How should risks, distributional and intergenerational impacts be taken into account? What updating process should be used to ensure incorporation of the best possible science?

Panelists:
Carol Adaire Jones, Ph.D., Visiting Scholar, Environmental Law Institute, Moderator
Rachel Cleetus, Ph.D., Policy Director and Lead Economist, Climate and Energy Program, Union of Concerned Scientists
Richard Newell, Ph.D., President and CEO, Resources for the Future
Steven Rose, Ph.D., Senior Research Economist, Electric Power Research Institute
Ann Wolverton, Ph.D., Senior Research Economist, US Environmental Protection Agency (EPA)

Materials:
ELI members 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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June 22, 2021
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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).

Basics of the Clean Water Act

Amended in 1972, the Clean Water Act (CWA) calls for ending the discharge of pollutants into the waters of the United States. Decades since the passage of the CWA, fundamental questions regarding the jurisdictional range remain contested. This session explores the progress made to date, and the possible CWA priorities under the Biden Administration, including potential reversals of the Navigable Waters Protection Rule and revision of the definition of the “waters of the United States” (WOTUS) under the Environmental Protection Agency and U.S. Army Corp of Engineers.

Faculty will explore one of the nation’s most significant and pivotal environmental laws and its development, including:

  • the regulatory and permitting framework for limiting water pollution
  • the key distinction between point sources and nonpoint sources of pollution
  • the current legal context of the Navigable Waters Protection Rule
  • the considerations policymakers face in light of growing demands for water usage with growing energy needs, extreme weather, and climate change

Panelists:
Adam Schempp
, Director, Western Water Program, and Senior Attorney, Environmental Law Institute, Moderator
Kelly Moser
, Leader, Clean Water Defense Initiative, and Senior Attorney, Southern Environmental Law Center
Jon A. Mueller, Vice President, Litigation, Chesapeake Bay Foundation

Materials:
Kelly Moser presentation

Jon A. Mueller presentation
Recordings of Summer School sessions are usually posted w/in 48 hours.

**See the entire Summer School 2021 schedule HERE.**

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June 25, 2021
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This conference is co-sponsored by the World Commission on Environmental Law and the Environmental Law Institute.


Please visit the event page to register.

Biodiversity loss—driven by actions such as illegal wildlife trade, deforestation, climate change, and mining—causes cascading ecological, social, and economic harm. These impacts place growing demands on legal systems not only to tighten regulations and strengthen enforcement, but also to hold responsible parties liable for the harm they cause.

Although the substance, procedures and practices of law vary across countries, many countries provide a legal right to remedy when the environment is harmed—including in Brazil, China, Democratic Republic of Congo, European Union members, India, Indonesia, Mexico, Philippines and United States (Jones et al. 2015). Yet, liability for environmental harm is virtually absent from practice in many high-biodiversity countries, notably across the Global South. And even where environmental liability has been employed, it has rarely been used to address key drivers of biodiversity, including from illegal harvest, use and trade of natural resources (see Phelps et al. in forthcoming; www.conservation-litigation.org).

Strategically leveraged, existing environmental liability laws provide a potentially ground-breaking opportunity to better safeguard biodiversity by remedying harm when it occurs—holding responsible parties liable for actions such as species rehabilitation, apologies and habitat conservation.

The body of precedent cases, expert guidance, and experience to build lawsuits to remedy biodiversity harm is nascent in most Global South countries. In this session, we will consider the emerging role of environmental liability litigation.

Panelists:
Jacob Phelps
, Senior Lecturer, Lancaster Environment Centre, UK, Moderator
Antonio Herman Benjamin, Justice, National High Court of Brazil – STJ; Chair, IUCN World Commission on Environmental Law
David Boyd, UN Special Rapporteur on Human Rights and the Environment, Canada
Ofir Drodi, EAGLE Network, Kenya
Rika Fajrini, Indonesian Centre for Environmental Law, Indonesia
Valerie Fogleman, Professor of Law, Cardiff University, Wales UK
Carol A. Jones, Visiting Scholar in Environmental Economics, Environmental Law Institute, USA
Sébastien Mabile, Seattle Avocats and Mighty Earth, France
Rebecca Nichols, Lecturer, Nanyang Technological University, Singapore
Taufiq Purna Nugraha, Indonesian Institute of Life Sciences, Indonesia
John Pendergrass, Vice President for Programs and Publications, Environmental Law Institute, USA

Please visit the event page to register.

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June 28, 2021
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In many countries, including the United States, the transportation sector is the largest contributor to greenhouse gas emissions.  Transportation is also one of the most costly expenses for American households.  One of the best ways to protect our environment, drive economic growth, and meet the needs of the public today and into the future is to make the global transportation system more efficient and resilient.  Technology and innovation necessarily play a vital role in achieving this objective.  This panel led by Katie Thomson, Vice President and Association General Counsel for Worldwide Transportation and Sustainability at Amazon will explore the use of technology – from air to highways to rail to water – to green the transportation sector.  The panel will also discuss the challenges and opportunities in leveraging technology and the need for collaboration and investment across a diverse group of stakeholders to deliver successful, lasting outcomes.

Panelists:
James Chen, Vice President, Public Policy at Rivian
Dr. Lee Kindberg, Director, Environment & Sustainability, Maersk Line
John D. Porcari, President at Axilion USA
John Putnam, Acting General Counsel and Deputy General Counsel, U.S. Department of Transportation
Katie Thomson, Vice President & Associate General Counsel, Worldwide Transportation, and Logistics, Amazon

For the most up-to-date event description and panelist details, as well as a link to register, go to www.greentechconference.org/webinar-series

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June 29, 2021
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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).

Basics of Land Use Law

Land use and planning touches numerous aspects of daily life. Embodying a range of laws and regulations across federal, state, and local levels, land use law impacts development, conservation, and more. Expert faculty will explore the history of land use, urban planning, and recent trends in approaches to planning communities and development. This session focuses on the primary elements of land use law, including:

  • foundations of land use law
  • legal frameworks
  • conservation

Panelists:
Caitlin F. McCarthy
, Director, Education, Associates, and Corporate Partnerships, Environmental Law Institute, Moderator
Heather Dlhopolsky, Partner, Wire Gill LLP
Sarah Everhart, Research Associate and Environmental Specialist, Agriculture Law Education Initiative, University of Maryland Francis King Carey School of Law
Emily B. Parish, Vice President of Conservation, The Land Trust For Tennessee

Materials:
Caitlin F. McCarthy presentation
Heather Dlhopolsky presentation

Sarah Everhart presentation
Emily B. Parish presentation
Recordings of Summer School sessions are usually posted w/in 48 hours.

**See the entire Summer School 2021 schedule HERE.**

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June 30, 2021
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An ELI, Bergeson & Campbell, P.C., and the George Washington University Milken Institute School of Public Health Co-Sponsored Annual Conference

This conference marks the fifth annual Toxic Substances Control Act Annual Conference, expanding upon TSCA Reform – Four Years Later, TSCA: Three Years Later, TSCA Reform at 2 Years and TSCA Reform: One Year Later. Leading panelists will reflect on the challenges and accomplishments since the implementation of the 2016 Lautenberg Amendments and where the Toxic Substances Control Act (TSCA) stands today.

Panelists will dive into a host of topics, including the systems of risk evaluation and risk management, environmental justice, regulating per- and polyfluoroalkyl substances (PFAS), new chemicals, and more. Join ELI, Bergeson & Campbell, P.C., the George Washington University Milken Institute School of Public Health, leading experts, and distinguished keynote speakers for a robust exploration of the issues and regulations surrounding TSCA.

AGENDA
9:00 AM - 9:30 AM

Welcome and Overview of Virtual Forum
Lynn R. Goldman, M.D., M.S., M.P.H.
, Michael and Lori Milken Dean, Milken Institute School of Public Health, Professor of Environmental and Occupational Health, George Washington University

9:30 AM - 10:00 AM

Morning Keynote Discussion
Michal Ilana Freedhoff, Ph.D., Assistant Administrator, Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency (EPA)

10:00 AM - 10:45 AM

Panel 1: Risk Evaluation under TSCA
With the Environmental Protection Agency (EPA) under the Trump administration completing 10 evaluations and the EPA conducting another 23 under the Biden administration, there are differences of opinion over what the law requires and the best way to assess chemical risks.  This panel will share perspectives on these issues and discuss whether and how the new administration might revisit the 10 completed evaluations.

Panelists:
Robert  M. Sussman
, Principal, Sussman & Associates, Moderator
Ryan Carra, Ph.D., Principal, Beveridge & Diamond, P.C.
Penny Fenner-Crisp, Ph.D., Environmental Protection Network
Suzanne Hartigan, Ph.D., Senior Director, American Chemistry Council
Jon Kalmuss-Katz, Supervising Staff Attorney, Earthjustice

10:45 AM - 11:00 AM

Break

11:00 AM - 11:45 AM

Panel 2: Risk Management under TSCA
The new regulatory frontier associated with the 2016 TSCA amendments is determining how best to manage chemical risks found to be unreasonable. This panel will discuss EPA’s authority under the Lautenberg amendments and options for deploying its risk management authority.

Panelists:
Jeffery T. Morris, Ph.D.
, Jeff Morris Solutions, LLC, Moderator
Eve C. Gartner, Managing Attorney, Toxic Exposure & Health Program, Earthjustice
Randy S. Rabinowitz, Executive Director, OSH Law Project LLC
Sara Beth Watson, Of Counsel, Steptoe & Johnson LLP
Kimberly Wise White, Ph.D., Vice President, Regulatory and Technical Affairs, American Chemistry Council

11:45 AM - 12:30 PM

Panel 3: TSCA and Environmental Justice
The TSCA amendments offer enormous opportunities to help eliminate environmental injustice by evaluating and managing chemical risks. This panel will consider how TSCA can be leveraged to address concerns regarding environmental justice.

Panelists:
Lynn L. Bergeson
, Managing Partner, Bergeson & Campbell P.C., Moderator
Dianne Barton, Council Chair, National Tribal Toxics Council
Marianne Engelman Lado, Deputy General Counsel, Environmental Initiatives, Office of General Counsel, U.S. Environmental Protection Agency
Timothy W. Hardy
, Partner, Breazeale, Sachse & Wilson, L.L.P.
Adrienne Hollis, Ph.D., Senior Climate Justice and Health Scientist, Union of Concerned Scientists

12:30 PM - 1:30 PM

Luncheon Keynote
Bonnie Englebardt Lautenberg   

1:30 PM - 1:45 PM

Break

1:45 PM - 2:45 PM

Panel 4: New Chemical Review
The TSCA new chemical program was modified in the 2016 amendments and what the law requires has been vigorously debated. This panel will discuss the evolution of EPA’s implementation of Section 5 the last administration and now under the Biden administration.

Panelists:
Lawrence E. Culleen
, Partner, Arnold & Porter Kaye Scholer LLP, Moderator
Alexandra Dapolito Dunn, Partner, Baker Botts L.L.P.
Richard A. Denison, Ph.D., Lead Senior Scientist, Environmental Defense Fund
Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C.
Daniel Rosenberg, Director, Federal Toxics Policy, Healthy People & Thriving Communities Program, Natural Resources Defense Council

2:45 PM - 3:00 PM

Break

3:00 PM - 3:45 PM

Panel 5: TSCA and PFAS
This panel will address how TSCA authorities can be used to address concerns about both new and existing PFAS, as this class of substances continues to gain significant attention.

Panelists:
Robert M.  Sussman, Principal, Sussman & Associates, Moderator
Dennis R. Deziel, Bergeson & Campbell P.C. and former Administrator, Region I, U.S. Environmental Protection Agency
Liz Hitchcock, Director, Safer Chemicals Healthy Families
Robert J. Simon, Vice President, Chemical Products and Technology and Chlorine Chemistry, American Chemistry Council
Betsy Southerland, Issue Team, Toxic Substances Control Act (TSCA), Environmental Protection Network

3:45 PM - 4:15 PM

Panel 6: TSCA Litigation Update
Unsurprisingly, TSCA litigation is on the rise five years into implementation of the new law. This panel will discuss key issues in dispute and where the courts might be headed.

Panelists:
Lynn L. Bergeson
, Managing Partner, Bergeson & Campbell P.C., Moderator
Martha E. Marrapese, Partner, Wiley Rein LLP
Gavin McCabe, Special Assistant Attorney General, New York State Office of Attorney General

4:15 PM - 4:30 PM

Concluding Remarks and Adjournment
Scott Fulton, President, Environmental Law Institute
John Pendergrass, Vice President, Programs & Publications, Environmental Law Institute

Materials:
Suggested Readings
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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