October 23, 2018

The 2018 Award Dinner took place on Tuesday, October 23, 2018
The Omni Shoreham Hotel
2500 Calvert Street, NW
Washington, DC
Please contact Melodie DeMulling at 202-939-3808 or demulling@eli.org
if you would like to become a Star Sponsor of the 2019 Award Dinner!

 Lisa Jackson

The Environmental Law Institute (ELI) was pleased to present its 2018 Environmental Achievement Award to Lisa Jackson, Vice President of Apple’s Environment, Policy, and Social Initiatives, in recognition of her visionary leadership and outstanding environmental stewardship over a most distinguished career.

According to ELI’s President Scott Fulton, “Lisa has exemplified leadership, innovation, and commitment to sound science and rule of law at each step of her remarkable career. She has been a tireless champion for both sustainability and environmental justice, and has left an enduring mark on both the private sector and the public sector. Her work in greening Apple’s supply chain and in reducing the company’s carbon and natural resource footprint has been exceptional, reflecting the power and reach of business leadership in advancing environmental performance and stewardship.”

At Apple, Lisa oversees the company’s efforts to minimize its impact on the environment and climate through use of renewable energy, energy-efficiency measures, deployment of greener materials, and invention of new ways to conserve and repurpose precious resources. Speaking about Apple’s recent pledge to use 100% recycled materials in a closed supply loop for future fabrication of its devices, Jackson recently said, “I think there’s a business opportunity for people who are willing to rethink recycling. There’s incentive to you to get those resources back and work on re-using them.” And concerning Apple’s voluntary, but absolute, commitment to reduce its carbon footprint, Jackson said, "if we can do it, you should expect the same from every company."

“Lisa’s journey to where she stands now is truly remarkable,” Ben Wilson, Chair of ELI’s Board observed. “From humble beginnings, she rose to the highest levels of government and now stands out as a leader in the private sector, burnishing Apple’s brand with cutting-edge approaches to sustainable resourcing for products and packaging. She is a true standard bearer for private-sector innovation and commitment to environmental integrity.”

Born in Philadelphia and raised in New Orleans, where she graduated class valedictorian from her high school, Lisa studied chemical engineering at Tulane University and then Princeton, where she received her master’s degree. She began her career at EPA as a staff-level engineer, first at its headquarters in Washington, D.C., and then at its New York regional office, where she later served as deputy director and acting director of the region's enforcement division. After 16 years with EPA, she joined the New Jersey Department of Environmental Protection, where she ultimately became Commissioner. In 2008, then President-elect Barack Obama tapped Lisa to head EPA; she was confirmed by the Senate on January 22, 2009, the day after Obama took office.

As EPA Administrator, Lisa focused on reducing greenhouse gases, protecting air and water quality, preventing exposure to toxic contamination, and expanding outreach to communities to ensure environmental justice. It was on her watch that EPA made its “endangerment finding” for carbon dioxide and other greenhouse gases (GHGs), fulfilling the Supreme Court’s mandate in Massachusetts v. EPA, and opening the door to GHG regulation under the Clean Air Act. She also oversaw environmental and public health concerns during and after the Deepwater Horizon oil spill, including monitoring impacts on human health and aquatic life and assessing environmental damage.

Lisa joined Apple in 2013. In addition to overseeing the company’s environmental efforts, Lisa is responsible for Apple’s education policy programs such as ConnectED, its product accessibility work, and its worldwide government affairs function.


October 23, 2018

The 2018 ELI-Miriam Hamilton Keare Policy Forum

Our audience joined ELI and expert panelists as we embraced and explored this fascinating moment in time when divergent forces—private environmental governance, law, technologies, and communities—are coming together, and allowing us to harness their combined power in a new environmental paradigm.

On the first Earth Day in 1970, Sen. Edmund Muskie called for “A total strategy to protect the total environment.” At that time – and for several decades – the overarching approach was one of regulatory compliance, largely directed by government. Today, technology has enabled companies to improve their environmental performance and citizens to track it, while a connected global network has catalyzed knowledge-based economies. Companies are looking at environmental performance in more holistic ways than the regulatory structure demands. Citizens can access, collect, and broadcast data on environmental quality, whether or not this data is accepted for compliance purposes. What constituted a strategy fifteen, or even ten, years ago—analyze, plan, execute—no longer works in operating environments that are increasingly unpredictable, fragmented, and characterized by high rates of technological change, big data, crowd communication, young industries, and an incessant drive for competitive advantage. For example, science and technology are moving forward at such a fast pace that there is a gap between advances and society’s ability to process and manage the information, never mind establish meaningful controls.

Today, the parameters of a “total strategy” are at last coming into view. To create meaningful and effective environmental protection, the combined power of private environmental governance, law, technologies, and communities needs to be harnessed to hedge against uncertainties, build resilience and organizational flexibility, and reduce surprises. How should we institutionalize this new paradigm? How do we make better use of citizen-generated data? How can the voluntary commitments by companies be further internalized into algorithms that drive energy and environmental decisions in facilities and supply chains? How can law-based systems anticipate and prevent software tampering and manipulation? And, how do we embed environmental considerations into software design going forward? Instead of utilizing old business models, we need to step back, identify, and embrace new ones. This will require transformational leadership, an experimental mindset, an agile and adaptive development approach, partnerships spanning the public and private sectors, and above all, an openness to embracing a new environmental paradigm.

The ELI forum explored the intersection of private environmental governance, law, technologies, and communities.

Opening Remarks: Scott Fulton, President, Environmental Law Institute

Dave Rejeski, Director, Technology, Innovation and the Environment Project, Environmental Law Institute (Moderator)
Ann E. Condon, Visiting Scholar, Environmental Law Institute
Paul E. Hagen, Principal, Beveridge & Diamond PC
Dr. Adrienne L. Hollis, Director of Federal Policy, WE ACT for Environmental Justice
John Lovenburg, Vice President, Environmental, BNSF Railway
Michael G. Mahoney, Vice President, Assistant General Counsel, and Chief Environment, Health, and Safety (EHS) Compliance Counsel, Pfizer Inc.
Michael P. Vandenbergh, Director, Climate Change Research Network, Co-director, Energy, Environment, and Land Use Program. Law Professor, Vanderbilt University

ELI members who have logged in to the Members site will see below the materials and any recording of this session. 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.

October 23, 2018

ELI 2018 Corporate Forum

Companies are facing increasing and unprecedented risks and uncertainty in the corporate governance of environmental, health and safety issues.  While companies are taking active steps to advance and demonstrate their initiatives to address environmental, social and governance (ESG) issues, financial regulators, customers, investors, NGOs, the media, and—increasingly—prosecutors are scrutinizing corporate disclosures, marketing claims, activities, and governance procedures and bringing concerns to the forefront of public debate.  Corporate ESG disclosures and activities—or lack thereof—increasingly are creating complex legal responsibilities across multiple layers of corporate governance, including board and executive oversight, front line auditing, and external engagement that are threatening significant liability and brand issues in the United States and abroad when not executed with abundant care. These trends are creating a heightened need to be deliberate, proactive, and precise with ESG activities and disclosures, and to ensure proper governance procedures are in place from the factory to the Board to avoid the risk of increasing scrutiny and liability. The focus areas extend to reporting on greenhouse gas emissions, energy efficiency, sustainability, environmental impact lifecycles, supply chains, human and worker rights, advertising, marketing, website and public representations, and corporate environmental governance procedures.

The Corporate Forum concentrated on the rapidly increasing focus on corporate governance of EHS issues, including the emerging risks and liabilities, insight from investors, NGOs, regulators, and prosecutors on areas of focus, lessons learned from recent experiences, and best practices to mitigate risks going forward. What are the responsibilities of corporate officers? What are the risks – financial (such as for remediation), reputational and legal? What are ways that companies can address those risks? How have customer, shareholder and investor demands, as well as laws, regulations and case law changed company performance and risk?

Cassie Phillips, Environmental Law Institute (Moderator)
Avi S. Garbow, Partner, Gibson, Dunn & Crutcher, formerly General Counsel, U.S. Environmental Protection Agency
Melissa A. Hoffer, Assistant Attorney General and Chief, Energy and Environment Bureau, Massachusetts Attorney General's Office
Neal Kemkar, Senior Counsel & Director of Environmental Policy, General Electric
Brendan McCarthy, Investment Manager, The Earth Partners LP
Lori Michelin, President and CEO, World Environment Center (WEC)

ELI members who have logged in to the Members site will see below the materials and any recording of this session. 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.