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July 2021

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July 6, 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 Air Act

The Clean Air Act (CAA) has major impacts on the environment, human health, and the economy. In 2015, the Environmental Protection Agency (EPA) issued the Clean Power Plan under the CAA, establishing the first-ever national limits to reduce carbon emissions from power plants. Following rollbacks in CAA regulation and compliance under the Trump administration, some of which took place in response to COVID-19, the new administration has highlighted the goal of addressing clean air and carbon issues will be high in agency priorities.

As the regulations under the CAA continue to be at the center of developments in environmental law, this session explores both the foundations and real-world examples of the CAA. Our expert faculty will dive into:

  • permitting programs
  • air quality planning regulations
  • standards for major sources, area sources, mobile sources
  • major developments, including in regulation of greenhouse gases under the Biden administration

Panelists:
Sara Colangelo, Director, Environmental Law & Justice Clinic, Georgetown University Law Center, Moderator
Rachel Levick Corley, Associate Attorney, Gibson Dunn & Crutcher
Gary E. Steinbauer, Shareholder, Babst, Calland, Clements and Zomnir, P.C. 

Materials:
Sara Colangelo presentation
Rachel Levick Corley presentation
Gary E. Steinbauer 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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July 8, 2021
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An ELI Master Class

Tribal consultations, energy requirements, multifaceted policy, infrastructure, and funding are just a handful of the numerous and diverse topics that arise when discussing tribal energy project development. Join ELI and leading experts for in-depth exploration of the legal perspectives, financial aspects, current challenges, and future opportunities for tribal energy project development.

AGENDA

12:00 - 1:30 PM

Panel 1: Legal Perspectives will tackle the regulatory aspects and challenges associated with tribal energy project development, as well as the issues of native sovereignty associated with these projects. Expert panelists will dive into the tribal consultation process for energy projects and the integral benefits of fostering a more coherent consultation process between federal and tribal officials. Additionally, panelists will contend with the multifaceted permitting and decision-making process under the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA).

Panelists:
Sara A. Dutschke, Partner, Kaplan Kirsch Rockwell
Tom Stoddard, Vice President & General Counsel, NativeEnergy, Inc.

1:30 - 1:45 PM

Break

1:45 - 3:15 PM

Panel 2: Financial Aspects will explore the financial implications of tribal energy project development, especially how these projects affect tribal sovereignty and issues of equity. Leading panelists will highlight the obstacles surrounding the tribal application process for federal grants and loans, the roles and responsibilities of private sector lenders, and discuss opportunities for energy projects to meet market pricing. Additionally, panelists will investigate opportunities for innovative funding agreements that are designed to mutually benefit both tribes and corporations.

Panelists:
Jeff Davis, Of Counsel, Barnes & Thornburg LLP, Moderator
Chris Deschene, Principal, Tosidoh LLC
Chris Urchell, Manager, Baker Tilly US
Bryan Van Stippen, Program Director, National Indian Carbon Coalition

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.


CLE INFORMATION:

Webinar CLE Attendees (you must have selected CLE info when you registered):

  • 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 12, 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:

  • Climate aspects of the infrastructure legislation
  • Congressional veto of the Trump methane regulations for oil and gas production
  • Energy storage and climate adaptation legislation in Connecticut
  • Oregon clean electricity target
  • New Jersey offshore wind and clean energy developments
  • Colorado clean energy jobs and just transition
  • HollyFrontier Cheyenne Refining v. Renewable Fuels Assn. -- Supreme Court decision on EPA regulation of small refiners
  • EDF v. FERC (DC Cir.) -- Vacating FERC approval of natural gas pipeline due to failure to address applicant's self-dealing
  • Conservation Law Foundation v. Exxon -- 1st Circuit -- allowing suit concerning an oil terminal's preparedness for extreme storms to proceed
  • Commonwealth of Massachusetts v. Exxon (Mass. Super. Ct.) -- Denial of Exxon's motion to dismiss Massachusetts AG suit alleging that investors and consumer were misled
  • Louisiana v. Biden (W.D. La.) -- Blocking Biden's temporary halt to new oil and gas leases
  • Chevron v. City of Oakland -- Supreme Court denial of cert in climate change public nuisance case

Speakers:
Michael Gerrard, Founder and Director, Sabin Center for Climate Change Law and Andrew Sabin Professor of Professional Practice, Columbia Law School
Matthew Goetz, Associate Director, Mitigation Program, Georgetown Climate Center, Georgetown University Law Center
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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July 13, 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).

Hazardous Waste and Sites

Environmental law has brought about a sea change in how we manage waste. This session on hazardous waste and sites examines the events that led to the enactment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Panelists will explore the legal foundation to CERCLA and also those of the Resource Conservation and Recovery Act (RCRA). Faculty will teach on 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).

Panelists:
Allison B. Rumsey
, Partner, Arnold & Porter Kaye Scholer LLP, Moderator
Byron Brown, Senior Counsel, Crowell & Morning LLP
Charlotte Mooney, Chief, Cleanup Programs Branch, Office of Resource Conservation and Recovery, US Environmental Protection Agency (EPA)
Mimi Newton, Assistant Regional Counsel, US Environmental Protection Agency (EPA)

Materials:
Allison B. Rumsey presentation

Byron Brown presentation
Charlotte Mooney presentation
Mimi Newton 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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July 20, 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).

Law & Policy of Products Regulation

The lifecycle of industrial, agricultural, and antimicrobial chemical products, especially those embedded in consumer products, has gained increased 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 expert faculty will explore chemical product regulation matters including risk communication, minimizing legal liability, and evolving policy matters. Additionally, faculty will explore emerging plant-based products and the potential impacts of such sustainable products. Leading experts will:

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

Panelists:
Chandler Randol
, Manager of Educational Programs, Environmental Law Institute, Moderator
Lynn L. Bergeson, Managing Partner, Bergeson & Campbell P.C.
Alexandra Dapolito Dunn, Partner, Baker Botts LLP
Angela Howe, Legal Director, Surfrider Foundation

Materials:
Lynn L. Bergeson presentation
Alexandra Dapolito Dunn presentation

Angela Howe 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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July 21, 2021
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An Environmental Law Institute Women in Environmental Law and Leadership (WELL) Event

Join ELI’s Women in Environmental Law and Leadership (WELL) initiative and expert panelists in a discussion on the role of women in the development of the environmental movement—and looking at the current opportunities for women in the emerging “green economy”; specifically, critical environmental and climate change policies under the Biden Administration and the Administration’s “green jobs revolution.” A short networking opportunity will follow the panel discussion.

Panelists
Beth Deane
, Vice President, Deputy General Counsel, Leeward Renewable Energy, Moderator
Jordan Diamond, Executive Director, Center for Law, Energy, and the Environment (CLEE), UC Berkeley School of Law
Alicia Taylor, California Department of Toxic Substances Control (DTSC), Safer Consumer Products Program
Catherine McLean, Founder and CEO, Dylan Green

Materials:
Any materials will be posted as they are received.

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July 22, 2021
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An ELI and Green Amendments for the Generations Co-Sponsored Public Webinar

Despite existing environmental laws, communities across the United States are still exposed to dangerous environmental conditions. This can range from water contamination, air pollution, toxic levels of exposure to hazardous substances, the impacts of climate change, including sea level rise and extreme weather events, and more. These harmful environmental impacts can have devastating effects on public health, particularly in marginalized communities.

One emerging legal mechanism to address these issues are Green Amendments: self-executing provisions added to the bill of rights section of a state constitution. These amendments recognize and protect the rights of all people, including future generations, to pure water, clean air, a stable climate, and a healthy environment.  Currently, thirteen states have put forth Green Amendment proposals, including Hawaii, Kentucky, New Jersey, New Mexico, New York, Oregon, Vermont, Washington and West Virginia.

Can Green Amendments help secure stronger environmental protection? Do they provide additional strength for the environmental justice movement? What are the practical opportunities and challenges states are likely to face in advancing, implementing and enforcing these amendments? Join the Environmental Law Institute, Green Amendments for the Generations, and leading panelists from across the country to explore the potential for Green Amendments to secure the constitutional recognition and protection of the right to a healthy environment and to provide a new path to help secure true Environmental Justice for all.

Panelists:
Samuel L. Brown
, Partner, Hunton Andrews Kurth LLP, Moderator
Artemisio Romero y Carver, Board Director, Youth United for Climate Crisis Action
Senator Antoinette Sedillo Lopez, New Mexico State Senate and former Professor, University of New Mexico School of Law
Terry A. Sloan, Director, Southwest Native Cultures, and Intergovernmental Tribal Liaison, City of Albuquerque
Maya K. van Rossum, Founder, National Green Amendment Movement, and Founder, Green Amendments for the Generations

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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July 27, 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).

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 explores the foundations, current opportunities for federal environmental and climate justice legislation, and obstacles facing environmental justice. Faculty will explore the following:

  • inclusion of local and indigenous communities in the decision-making process,
  • how federal, state, tribal, and local governments are addressing environmental justice,
  • methods for including multiple stakeholders in environmental justice conversations and processes.

Panelists:
Kristine Perry
, Staff Attorney, Environmental Law Institute, Moderator
Kiana Courtney
, Staff Attorney, Environmental Law & Policy Center
Beth Rose Middleton
, Professor and Department Chair, Department of Native American Studies, University of California Davis
Rujeko A. Muza
, Associate, Beveridge & Diamond PC
Daria Neal, former Senior Counsel, Environmental Justice Project, Lawyers’ Committee for Civil Rights under the Law
Gerald Torres, Professor of Environmental Justice, Yale School of the Environment and Professor of Law, Yale Law School

Materials:
Kiana Courtney presentation

Beth Rose Middleton presentation
Rujeko A. Muza presentation
Gerald Torres 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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July 29, 2021
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The events of 2020 brought new urgency to the issue of racial justice and equality. This webinar, moderated by ELI’s President, Scott Fulton, will focus on the potential role of technology in helping ensure the just distribution of environmental benefits, burdens, and opportunities across society. The panel will bring together experts from the tech sector, government, and the environmental justice community to explore the potential of technology to sharpen understanding of which communities are environmentally overburdened and to highlight the sources of those burdens. The panel will also consider current barriers to access to technology and technology-enabled information and how those barriers might be overcome so that technology’s full potential in this space can be realized.

Panelists:
Tiffany Eng
, Green Zones Program Manager, California Environmental Justice Alliance
Scott Fulton
, President, Environmental Law Institute
Taylor Lilley, Environmental Justice Staff Attorney, Chesapeake Bay Foundation
Cecilia Martinez, Senior Director for Environmental Justice, CEQ
LeRoy C. (Lee) Paddock, Visiting Scholar, Environmental Law Institute
Dr. David Padgett, Associate Professor at Tennessee State University

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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