Why you should attend
Join PLI and senior government officials for a detailed discussion of what will be the focal point of national environmental policy in 2013 - EPA’s promulgation, enforcement, and defense of its environmental regulations and the courts’ decisions on challenges to EPA’s regulatory actions. We will provide incisive analysis of the new regulatory requirements and their compliance implications.
Seasoned practitioners, senior government officials and experienced environmental consultants will provide practical advice for addressing and managing corporate compliance with new environmental regulatory developments. Questions you have about environmental regulatory issues will be answered by the faculty.
What you will learn
ALL NEW!
- EPA’s current climate change regulatory scheme, from new statutory and regulatory requirements to recent guidance and court decisions
- Crisis management - how to handle an environmental disaster or an unannounced agency inspection
- Recent trends in Superfund litigation regarding apportionment and divisibility
- The most current vapor intrusion and stormwater runoff requirements and guidance
- Complying with environmental disclosure requirements in SEC filings
- Practical implications of ethical rules in the environmental context
Special Feature
- Earn one hour of Ethics credit
Who should attend
Environmental, corporate and real estate attorneys interested in learning about important new developments in environmental law and regulation.
PLI Group Discounts
Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.
Cancellations
All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
Morning Session: 9:00 a.m. - 12:30 p.m.
9:00 Opening Remarks and Introduction
Philip E. Karmel
9:15 Hot Topics – Air and Water Regulation; Environmental Justice
- New Clean Air Act Regulations (BACT for GHGs, Boiler and Utility MACT)
- Important 2013 D.C. Circuit Cases Posing New Challenge for Air Permitting (Sierra Club v. EPA and NRDC v. EPA)
- Uncertainty posed by 2012 D.C. Circuit decision annulling the Cross-State Air Pollution Rule and Supreme Court’s Review
- Recent U.S. Supreme Court Water Cases and Implications
- New Cooling Water Intake Regulations—316(b)
- Proposed New Effluent Limitation Guidelines for Steam Electric Facilities
- Stormwater Update and Superstorm Sandy Response
- EPA’s New Environmental Justice Guidance and Plan EJ 2014
Albert Huang, Philip E. Karmel, Kathy Robb
10:15 Vapor Intrusion, Cleanups and Key Deal Issues
- New EPA Guidance on Vapor Intrusion
- Recent caselaw on joint and several liability under CERCLA
- Due Diligence
- Allocating environmental risks among the parties
- Representation, warranties, disclaimers and indemnities
- Reserves, escrows and hold backs
- Use of environmental insurance to facilitate deals
Maureen M. Crough, Duke K. McCall III, Edward L. Strohbehn Jr.
11:15 Networking Break
11:30 Crises Management: Strategies for Handling a Spill, Explosion or Other Calamity
- Disclosures/notices required of catastrophic release
- Emergency response
- Preservation of evidence
- Public relations
- Responding to multiple investigations (EPA, OSHA, CSB, Congressional Oversight, State)
- Grand jury proceedings
- Parallel administrative, criminal, civil and tort proceedings
Carol E. Dinkins, Federal Government Regulatory Enforcement Official TBA
12:30 Lunch
Afternoon Session 1:45 p.m. - 5:00 p.m.
1:45 Hydrofracking Roundtable Discussion
- Water and Air Pollution Issues
- New Local, State and Federal Regulations
- Recent caselaw
- Statutory Developments
Deborah Goldberg, Colin G. Harris, Edward L. Strohbehn Jr.
2:45 Environmental Disclosure and Regulation of Corporate Greenwashing
- SEC Updates
- Sustainability disclosure initiatives (SASB, Ceres)
- Other perspectives on EHS disclosure
- FTC’s regulation of environmental marketing claims
- Caselaw on greenwashing
- “Greening” the legal practice: law firm sustainability initiatives
Betty Moy Huber, Carolyn S. Kaplan
3:45 Networking Break
4:00 Ethics in the Environmental Context
- Compensating witnesses
- Conflicts: advance waivers and ethical screens
- Duty of confidentiality when client is violating the law
Celia Goldwag Barenholtz
5:00 Adjourn
New York City Seminar Location
PLI New York Center, 1177 Avenue of the Americas, (2nd floor), entrance on 45th Street, New York, New York 10036. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
Crowne Plaza Times Square Manhattan, 1605 Broadway (at 48th Street), New York, NY 10019 (212) 977-4000. You can also
make reservations online to access PLI's rates.
PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.
Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.