Seminar  Seminar

Environmental Regulation 2014: Hot Topics, Regulatory Developments, and Practical Guidance for Corporate Compliance


Select a Location:

Why you should attend

Join us for a detailed discussion of recent developments in environmental policy, regulation and caselaw in 2014. We will provide incisive analysis of the new regulatory requirements and their compliance implications for businesses, institutions and real estate organizations, and for deal-making.

Our faculty of experienced practitioners have in-depth knowledge of the issues and will provide practical advice for addressing and managing corporate compliance with new environmental regulatory requirements. Questions you have about environmental regulatory issues will be answered by the faculty.

What you will learn

  • Recent developments in the emerging law of indoor air pollution, including issues relating to vapor intrusion, mold, sick building syndrome and other emerging regulatory and tort issues
  • When to consider adverse impacts on wildlife in the business context, in light of recent criminal prosecutions of companies for the incidental taking of an endangered species
  • The new regulatory requirements and court decisions relating to the regulation of greenhouse gases
  • The latest developments in the regulation of natural gas extraction through hydraulic fracturing
  • Trends in superfund litigation regarding apportionment, allocation and divisibility
  • Complying with environmental disclosure requirements in SEC filings
  • Due diligence for transactions beyond the Phase I
  • New Clean Air Act regulations for boilers, power plants and permitting
  • Practical implications of ethical rules in the environmental context
  • And much more!

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.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

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.

9:00 Opening Remarks and Introduction

Philip E. Karmel, Bryan Cave LLP


9:15 Hot Topics - Air and Climate Change Regulation
  • Implementation of the Mercury and Air Toxics Standards (MATS) rule
  • What’s happening with implementation of the Air Transport Rule (and other regional transport initiatives) in light of the Supreme Court’s recent decision
  • Development of several revised NAAQS and implementation of existing ambient standards
  • Current enforcement issues, with a particular focus on New Source Review
  • Proposed Carbon Pollution Standards for Existing Power Plants
  • Proposed Carbon Pollution Standards for Modified and Reconstructed Power Plants
  • Proposed Carbon Pollution Standards for New Power Plants
  • U.S. Supreme Court decisions related to carbon pollution standards ( Commonwealth of Massachusetts, American Electric Power, UARG)

Andrea Field, Hunton & Williams
Kit Kennedy, Natural Resources Defense Council



10:15 Hot Topics - Hydraulic Fracturing
  • A brief history of drilling and fracturing
  • Federal regulation of hydraulic fracturing
  • State and local efforts to regulate fracturing
  • The fight for local control and developing caselaw
  • Waste disposal, air pollution, storm water pollution and other environmental concerns
  • Health and policy issues

Deborah Goldberg, Earthjustice
Joel R. Burcat, Saul Ewing LLP



11:15 Networking Break

11:30 Contaminated Sites and Real Estate Issues
  • CERCLA Preemption
  • Deference to agency decisions
  • Allocation and apportionment under CERCLA
  • Due diligence issues for real estate transactions
  • Emerging indoor air quality issues
  • Deal issues for purchase and sale transactions and leases
  • Wetlands and Stormwater issues
  • Demolition and Construction

Philip E. Karmel, Bryan Cave LLP
Duke K. McCall III, Bingham McCutchen LLP



12:30 Lunch

1:45 Hot Topics - Wildlife (Incidental Takings) and Vapor Intrusion
  • Incidental take permits for industrial and commercial facilities
  • Required habitat conservation plans
  • Migratory Bird Treaty Act and Endangered Species Act enforcement against business
  • Practical application of regulation to oil and gas facilities and wind turbines
  • Vapor Intrusion: New TCE Developmental Toxicity “Short Term” Exposure Response Action Levels
    • EPA Region 9
    • States and Other EPA Regions
  • Vapor Intrusion: New TCE Carcinogenic Screening Levels
  • EPA Vapor Intrusion Guidance
  • ASTM Vapor Encroachment Screening Guidance

W. Parker Moore, Beveridge & Diamond PC
Edward L. Strohbehn Jr., Bingham McCutchen LLP



2:45 Environmental Disclosure and Regulatory Process for Coastal Climate Change Resilience Projects
  • Recent disclosure standards and initiatives
  • Who are the key players and which industries and corporations are leading the pack
  • SEC and PCAOB Updates
  • Congressional Updates
  • Shareholder activism matters
  • National Environmental Policy Act and State analogues for resilience projects
  • Coastal Zone Management Act and State/Local Programs
  • Section 404 of the Clean Water Act, including new proposed rulemaking defining “navigable waters”
  • CWA Section 401 Water Quality Certification
  • Rivers and Harbors Act of 1899
  • EPA/Federal Policies on Climate Change Adaptation Projects

J. Kevin Healy, Bryan Cave LLP
Betty Moy Huber, Davis Polk & Wardwell LLP



3:45 Networking Break

4:00 Ethical Issues for Lawyers in Mediation and Settlement of Environmental Disputes
  • Confidentiality and disclosure
  • Multiple clients in the settlement context
  • Lying and misrepresentation
  • Conflicts between insurer and insureds
  • Posturing and pressure tactics
  • Ethical Guidelines for settlement negotiations
  • Ethics of the Mediation and Settlement of Environmental Disputes

Pamela R. Esterman, Sive, Paget & Riesel P.C.
Lester J. Levy, JAMS



Co-Chair(s)
Philip E. Karmel ~ Bryan Cave LLP
Edward L. Strohbehn Jr. ~ Bingham McCutchen LLP
Speaker(s)
Joel Burcat ~ Saul Ewing LLP
Pamela R. Esterman ~ Sive, Paget & Riesel, P.C.
Andrea Bear Field ~ Hunton & Williams
Deborah Goldberg ~ Managing Attorney, Earthjustice
J. Kevin Healy ~ Partner, Bryan Cave LLP
Betty Moy Huber ~ Davis Polk & Wardwell LLP
Kit Kennedy ~ NRDC
Duke K. McCall, III ~ Bingham McCutchen LLP
W. Parker Moore ~ Beveridge & Diamond PC
Program Attorney(s)
Kenneth Min ~ Program Attorney, Practising Law Institute

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. When calling, mention Practising Law Institute. You can also make reservations online to access PLI's rates.

The Muse, 130 West 46th Street, New York, NY 10036. Please call reservations at 1-800-546-7866. When calling, please mention Practising Law Institute. You can also book online.

Millennium Broadway Hotel, 145 West 44th Street, New York, NY 10036. Please call reservations at 1-800-622-5569. When calling, please mention Practising Law Institute. You can also book online.

Hyatt Times Square, 135 W. 45th Street, New York, NY 10036. For reservations, please call (646) 364-1234. When calling mention rate code CR56218 or Practising Law Institute.

This is a webcast of the live New York session.

Why you should attend

Join us for a detailed discussion of recent developments in environmental policy, regulation and caselaw in 2014. We will provide incisive analysis of the new regulatory requirements and their compliance implications for businesses, institutions and real estate organizations, and for deal-making.

Our faculty of experienced practitioners have in-depth knowledge of the issues and will provide practical advice for addressing and managing corporate compliance with new environmental regulatory requirements. Questions you have about environmental regulatory issues will be answered by the faculty.

What you will learn

  • Recent developments in the emerging law of indoor air pollution, including issues relating to vapor intrusion, mold, sick building syndrome and other emerging regulatory and tort issues
  • When to consider adverse impacts on wildlife in the business context, in light of recent criminal prosecutions of companies for the incidental taking of an endangered species
  • The new regulatory requirements and court decisions relating to the regulation of greenhouse gases
  • The latest developments in the regulation of natural gas extraction through hydraulic fracturing
  • Trends in superfund litigation regarding apportionment, allocation and divisibility
  • Complying with environmental disclosure requirements in SEC filings
  • Due diligence for transactions beyond the Phase I
  • New Clean Air Act regulations for boilers, power plants and permitting
  • Practical implications of ethical rules in the environmental context
  • And much more!

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.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

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.

9:00 Opening Remarks and Introduction

Philip E. Karmel, Bryan Cave LLP


9:15 Hot Topics - Air and Climate Change Regulation
  • Implementation of the Mercury and Air Toxics Standards (MATS) rule
  • What’s happening with implementation of the Air Transport Rule (and other regional transport initiatives) in light of the Supreme Court’s recent decision
  • Development of several revised NAAQS and implementation of existing ambient standards
  • Current enforcement issues, with a particular focus on New Source Review
  • Proposed Carbon Pollution Standards for Existing Power Plants
  • Proposed Carbon Pollution Standards for Modified and Reconstructed Power Plants
  • Proposed Carbon Pollution Standards for New Power Plants
  • U.S. Supreme Court decisions related to carbon pollution standards ( Commonwealth of Massachusetts, American Electric Power, UARG)

Andrea Field, Hunton & Williams
Kit Kennedy, Natural Resources Defense Council



10:15 Hot Topics - Hydraulic Fracturing
  • A brief history of drilling and fracturing
  • Federal regulation of hydraulic fracturing
  • State and local efforts to regulate fracturing
  • The fight for local control and developing caselaw
  • Waste disposal, air pollution, storm water pollution and other environmental concerns
  • Health and policy issues

Deborah Goldberg, Earthjustice
Joel R. Burcat, Saul Ewing LLP



11:15 Networking Break

11:30 Contaminated Sites and Real Estate Issues
  • CERCLA Preemption
  • Deference to agency decisions
  • Allocation and apportionment under CERCLA
  • Due diligence issues for real estate transactions
  • Emerging indoor air quality issues
  • Deal issues for purchase and sale transactions and leases
  • Wetlands and Stormwater issues
  • Demolition and Construction

Philip E. Karmel, Bryan Cave LLP
Duke K. McCall III, Bingham McCutchen LLP



12:30 Lunch

1:45 Hot Topics - Wildlife (Incidental Takings) and Vapor Intrusion
  • Incidental take permits for industrial and commercial facilities
  • Required habitat conservation plans
  • Migratory Bird Treaty Act and Endangered Species Act enforcement against business
  • Practical application of regulation to oil and gas facilities and wind turbines
  • Vapor Intrusion: New TCE Developmental Toxicity “Short Term” Exposure Response Action Levels
    • EPA Region 9
    • States and Other EPA Regions
  • Vapor Intrusion: New TCE Carcinogenic Screening Levels
  • EPA Vapor Intrusion Guidance
  • ASTM Vapor Encroachment Screening Guidance

W. Parker Moore, Beveridge & Diamond PC
Edward L. Strohbehn Jr., Bingham McCutchen LLP



2:45 Environmental Disclosure and Regulatory Process for Coastal Climate Change Resilience Projects
  • Recent disclosure standards and initiatives
  • Who are the key players and which industries and corporations are leading the pack
  • SEC and PCAOB Updates
  • Congressional Updates
  • Shareholder activism matters
  • National Environmental Policy Act and State analogues for resilience projects
  • Coastal Zone Management Act and State/Local Programs
  • Section 404 of the Clean Water Act, including new proposed rulemaking defining “navigable waters”
  • CWA Section 401 Water Quality Certification
  • Rivers and Harbors Act of 1899
  • EPA/Federal Policies on Climate Change Adaptation Projects

J. Kevin Healy, Bryan Cave LLP
Betty Moy Huber, Davis Polk & Wardwell LLP



3:45 Networking Break

4:00 Ethical Issues for Lawyers in Mediation and Settlement of Environmental Disputes
  • Confidentiality and disclosure
  • Multiple clients in the settlement context
  • Lying and misrepresentation
  • Conflicts between insurer and insureds
  • Posturing and pressure tactics
  • Ethical Guidelines for settlement negotiations
  • Ethics of the Mediation and Settlement of Environmental Disputes

Pamela R. Esterman, Sive, Paget & Riesel P.C.
Lester J. Levy, JAMS



Co-Chair(s)
Philip E. Karmel ~ Bryan Cave LLP
Edward L. Strohbehn Jr. ~ Bingham McCutchen LLP
Speaker(s)
Joel Burcat ~ Saul Ewing LLP
Pamela R. Esterman ~ Sive, Paget & Riesel, P.C.
Andrea Bear Field ~ Hunton & Williams
Deborah Goldberg ~ Managing Attorney, Earthjustice
J. Kevin Healy ~ Partner, Bryan Cave LLP
Betty Moy Huber ~ Davis Polk & Wardwell LLP
Kit Kennedy ~ NRDC
Duke K. McCall, III ~ Bingham McCutchen LLP
W. Parker Moore ~ Beveridge & Diamond PC
Program Attorney(s)
Kenneth Min ~ Program Attorney, Practising Law Institute
Co-Sponsored by Pennsylvania Bar Institute

Attendees in Pennsylvania will be viewing the live broadcast at the Pennsylvania Bar Institute, 5080 Ritter Rd., Mechanicsburg, PA 17055. You will have the opportunity to submit questions and will receive the printed Course Handbook.

Why you should attend

Join us for a detailed discussion of recent developments in environmental policy, regulation and caselaw in 2014. We will provide incisive analysis of the new regulatory requirements and their compliance implications for businesses, institutions and real estate organizations, and for deal-making.

Our faculty of experienced practitioners have in-depth knowledge of the issues and will provide practical advice for addressing and managing corporate compliance with new environmental regulatory requirements. Questions you have about environmental regulatory issues will be answered by the faculty.

What you will learn

  • Recent developments in the emerging law of indoor air pollution, including issues relating to vapor intrusion, mold, sick building syndrome and other emerging regulatory and tort issues
  • When to consider adverse impacts on wildlife in the business context, in light of recent criminal prosecutions of companies for the incidental taking of an endangered species
  • The new regulatory requirements and court decisions relating to the regulation of greenhouse gases
  • The latest developments in the regulation of natural gas extraction through hydraulic fracturing
  • Trends in superfund litigation regarding apportionment, allocation and divisibility
  • Complying with environmental disclosure requirements in SEC filings
  • Due diligence for transactions beyond the Phase I
  • New Clean Air Act regulations for boilers, power plants and permitting
  • Practical implications of ethical rules in the environmental context
  • And much more!

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.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

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.

9:00 Opening Remarks and Introduction

Philip E. Karmel, Bryan Cave LLP


9:15 Hot Topics - Air and Climate Change Regulation
  • Implementation of the Mercury and Air Toxics Standards (MATS) rule
  • What’s happening with implementation of the Air Transport Rule (and other regional transport initiatives) in light of the Supreme Court’s recent decision
  • Development of several revised NAAQS and implementation of existing ambient standards
  • Current enforcement issues, with a particular focus on New Source Review
  • Proposed Carbon Pollution Standards for Existing Power Plants
  • Proposed Carbon Pollution Standards for Modified and Reconstructed Power Plants
  • Proposed Carbon Pollution Standards for New Power Plants
  • U.S. Supreme Court decisions related to carbon pollution standards ( Commonwealth of Massachusetts, American Electric Power, UARG)

Andrea Field, Hunton & Williams
Kit Kennedy, Natural Resources Defense Council



10:15 Hot Topics - Hydraulic Fracturing
  • A brief history of drilling and fracturing
  • Federal regulation of hydraulic fracturing
  • State and local efforts to regulate fracturing
  • The fight for local control and developing caselaw
  • Waste disposal, air pollution, storm water pollution and other environmental concerns
  • Health and policy issues

Deborah Goldberg, Earthjustice
Joel R. Burcat, Saul Ewing LLP



11:15 Networking Break

11:30 Contaminated Sites and Real Estate Issues
  • CERCLA Preemption
  • Deference to agency decisions
  • Allocation and apportionment under CERCLA
  • Due diligence issues for real estate transactions
  • Emerging indoor air quality issues
  • Deal issues for purchase and sale transactions and leases
  • Wetlands and Stormwater issues
  • Demolition and Construction

Philip E. Karmel, Bryan Cave LLP
Duke K. McCall III, Bingham McCutchen LLP



12:30 Lunch

1:45 Hot Topics - Wildlife (Incidental Takings) and Vapor Intrusion
  • Incidental take permits for industrial and commercial facilities
  • Required habitat conservation plans
  • Migratory Bird Treaty Act and Endangered Species Act enforcement against business
  • Practical application of regulation to oil and gas facilities and wind turbines
  • Vapor Intrusion: New TCE Developmental Toxicity “Short Term” Exposure Response Action Levels
    • EPA Region 9
    • States and Other EPA Regions
  • Vapor Intrusion: New TCE Carcinogenic Screening Levels
  • EPA Vapor Intrusion Guidance
  • ASTM Vapor Encroachment Screening Guidance

W. Parker Moore, Beveridge & Diamond PC
Edward L. Strohbehn Jr., Bingham McCutchen LLP



2:45 Environmental Disclosure and Regulatory Process for Coastal Climate Change Resilience Projects
  • Recent disclosure standards and initiatives
  • Who are the key players and which industries and corporations are leading the pack
  • SEC and PCAOB Updates
  • Congressional Updates
  • Shareholder activism matters
  • National Environmental Policy Act and State analogues for resilience projects
  • Coastal Zone Management Act and State/Local Programs
  • Section 404 of the Clean Water Act, including new proposed rulemaking defining “navigable waters”
  • CWA Section 401 Water Quality Certification
  • Rivers and Harbors Act of 1899
  • EPA/Federal Policies on Climate Change Adaptation Projects

J. Kevin Healy, Bryan Cave LLP
Betty Moy Huber, Davis Polk & Wardwell LLP



3:45 Networking Break

4:00 Ethical Issues for Lawyers in Mediation and Settlement of Environmental Disputes
  • Confidentiality and disclosure
  • Multiple clients in the settlement context
  • Lying and misrepresentation
  • Conflicts between insurer and insureds
  • Posturing and pressure tactics
  • Ethical Guidelines for settlement negotiations
  • Ethics of the Mediation and Settlement of Environmental Disputes

Pamela R. Esterman, Sive, Paget & Riesel P.C.
Lester J. Levy, JAMS



Program Attorney(s)
Kenneth Min ~ Program Attorney, Practising Law Institute

Mechanicsburg Groupcast Location

Pennsylvania Bar Institute, 5080 Ritter Rd., Mechanicsburg PA 17055, (800) 932-4637. Click here for directions.

Mechanicsburg Groupcast Hotel Accommodations

Below is a list of hotel accommodations suggested by the Pennsylvania Bar Institute:

Hampton Inn Harrisburg-West, 4950 Ritter Road, Mechanicsburg, Pennsylvania, USA 17055. Tel: 717-691-1300. Fax: 717-691-9692.

Homewood Suites by Hilton® Harrisburg-West Hershey Area, 5001 Ritter Road, Mechanicsburg, Pennsylvania, United States 17055. Tel: 1-717-697-4900. Fax: 1-717-697-9101.

Co-Sponsored by New Jersey Institute for Continuing Legal Education

Why you should attend

Join us for a detailed discussion of recent developments in environmental policy, regulation and caselaw in 2014. We will provide incisive analysis of the new regulatory requirements and their compliance implications for businesses, institutions and real estate organizations, and for deal-making.

Our faculty of experienced practitioners have in-depth knowledge of the issues and will provide practical advice for addressing and managing corporate compliance with new environmental regulatory requirements. Questions you have about environmental regulatory issues will be answered by the faculty.

What you will learn

  • Recent developments in the emerging law of indoor air pollution, including issues relating to vapor intrusion, mold, sick building syndrome and other emerging regulatory and tort issues
  • When to consider adverse impacts on wildlife in the business context, in light of recent criminal prosecutions of companies for the incidental taking of an endangered species
  • The new regulatory requirements and court decisions relating to the regulation of greenhouse gases
  • The latest developments in the regulation of natural gas extraction through hydraulic fracturing
  • Trends in superfund litigation regarding apportionment, allocation and divisibility
  • Complying with environmental disclosure requirements in SEC filings
  • Due diligence for transactions beyond the Phase I
  • New Clean Air Act regulations for boilers, power plants and permitting
  • Practical implications of ethical rules in the environmental context
  • And much more!

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.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

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.

9:00 Opening Remarks and Introduction

Philip E. Karmel, Bryan Cave LLP


9:15 Hot Topics - Air and Climate Change Regulation
  • Implementation of the Mercury and Air Toxics Standards (MATS) rule
  • What’s happening with implementation of the Air Transport Rule (and other regional transport initiatives) in light of the Supreme Court’s recent decision
  • Development of several revised NAAQS and implementation of existing ambient standards
  • Current enforcement issues, with a particular focus on New Source Review
  • Proposed Carbon Pollution Standards for Existing Power Plants
  • Proposed Carbon Pollution Standards for Modified and Reconstructed Power Plants
  • Proposed Carbon Pollution Standards for New Power Plants
  • U.S. Supreme Court decisions related to carbon pollution standards ( Commonwealth of Massachusetts, American Electric Power, UARG)

Andrea Field, Hunton & Williams
Kit Kennedy, Natural Resources Defense Council



10:15 Hot Topics - Hydraulic Fracturing
  • A brief history of drilling and fracturing
  • Federal regulation of hydraulic fracturing
  • State and local efforts to regulate fracturing
  • The fight for local control and developing caselaw
  • Waste disposal, air pollution, storm water pollution and other environmental concerns
  • Health and policy issues

Deborah Goldberg, Earthjustice
Joel R. Burcat, Saul Ewing LLP



11:15 Networking Break

11:30 Contaminated Sites and Real Estate Issues
  • CERCLA Preemption
  • Deference to agency decisions
  • Allocation and apportionment under CERCLA
  • Due diligence issues for real estate transactions
  • Emerging indoor air quality issues
  • Deal issues for purchase and sale transactions and leases
  • Wetlands and Stormwater issues
  • Demolition and Construction

Philip E. Karmel, Bryan Cave LLP
Duke K. McCall III, Bingham McCutchen LLP



12:30 Lunch

1:45 Hot Topics - Wildlife (Incidental Takings) and Vapor Intrusion
  • Incidental take permits for industrial and commercial facilities
  • Required habitat conservation plans
  • Migratory Bird Treaty Act and Endangered Species Act enforcement against business
  • Practical application of regulation to oil and gas facilities and wind turbines
  • Vapor Intrusion: New TCE Developmental Toxicity “Short Term” Exposure Response Action Levels
    • EPA Region 9
    • States and Other EPA Regions
  • Vapor Intrusion: New TCE Carcinogenic Screening Levels
  • EPA Vapor Intrusion Guidance
  • ASTM Vapor Encroachment Screening Guidance

W. Parker Moore, Beveridge & Diamond PC
Edward L. Strohbehn Jr., Bingham McCutchen LLP



2:45 Environmental Disclosure and Regulatory Process for Coastal Climate Change Resilience Projects
  • Recent disclosure standards and initiatives
  • Who are the key players and which industries and corporations are leading the pack
  • SEC and PCAOB Updates
  • Congressional Updates
  • Shareholder activism matters
  • National Environmental Policy Act and State analogues for resilience projects
  • Coastal Zone Management Act and State/Local Programs
  • Section 404 of the Clean Water Act, including new proposed rulemaking defining “navigable waters”
  • CWA Section 401 Water Quality Certification
  • Rivers and Harbors Act of 1899
  • EPA/Federal Policies on Climate Change Adaptation Projects

J. Kevin Healy, Bryan Cave LLP
Betty Moy Huber, Davis Polk & Wardwell LLP



3:45 Networking Break

4:00 Ethical Issues for Lawyers in Mediation and Settlement of Environmental Disputes
  • Confidentiality and disclosure
  • Multiple clients in the settlement context
  • Lying and misrepresentation
  • Conflicts between insurer and insureds
  • Posturing and pressure tactics
  • Ethical Guidelines for settlement negotiations
  • Ethics of the Mediation and Settlement of Environmental Disputes

Pamela R. Esterman, Sive, Paget & Riesel P.C.
Lester J. Levy, JAMS



Program Attorney(s)
Kenneth Min ~ Program Attorney, Practising Law Institute
New Jersey Groupcast Location

New Jersey Institute for Continuing Legal Education, One Constitution Square, New Brunswick, NJ 08901-1520. 732-249-5100.
Co-Sponsored by Pennsylvania Bar Institute

Attendees in Pennsylvania will be viewing the live broadcast at the Pennsylvania Bar Institute's CLE Conference Center, Wanamaker Building, 10th floor, Philadelphia (Juniper St. entrance, between 13th & Broad Sts., opposite City Hall). You will have the opportunity to submit questions and will receive the printed Course Handbook.

Why you should attend

Join us for a detailed discussion of recent developments in environmental policy, regulation and caselaw in 2014. We will provide incisive analysis of the new regulatory requirements and their compliance implications for businesses, institutions and real estate organizations, and for deal-making.

Our faculty of experienced practitioners have in-depth knowledge of the issues and will provide practical advice for addressing and managing corporate compliance with new environmental regulatory requirements. Questions you have about environmental regulatory issues will be answered by the faculty.

What you will learn

  • Recent developments in the emerging law of indoor air pollution, including issues relating to vapor intrusion, mold, sick building syndrome and other emerging regulatory and tort issues
  • When to consider adverse impacts on wildlife in the business context, in light of recent criminal prosecutions of companies for the incidental taking of an endangered species
  • The new regulatory requirements and court decisions relating to the regulation of greenhouse gases
  • The latest developments in the regulation of natural gas extraction through hydraulic fracturing
  • Trends in superfund litigation regarding apportionment, allocation and divisibility
  • Complying with environmental disclosure requirements in SEC filings
  • Due diligence for transactions beyond the Phase I
  • New Clean Air Act regulations for boilers, power plants and permitting
  • Practical implications of ethical rules in the environmental context
  • And much more!

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.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

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.

9:00 Opening Remarks and Introduction

Philip E. Karmel, Bryan Cave LLP


9:15 Hot Topics - Air and Climate Change Regulation
  • Implementation of the Mercury and Air Toxics Standards (MATS) rule
  • What’s happening with implementation of the Air Transport Rule (and other regional transport initiatives) in light of the Supreme Court’s recent decision
  • Development of several revised NAAQS and implementation of existing ambient standards
  • Current enforcement issues, with a particular focus on New Source Review
  • Proposed Carbon Pollution Standards for Existing Power Plants
  • Proposed Carbon Pollution Standards for Modified and Reconstructed Power Plants
  • Proposed Carbon Pollution Standards for New Power Plants
  • U.S. Supreme Court decisions related to carbon pollution standards ( Commonwealth of Massachusetts, American Electric Power, UARG)

Andrea Field, Hunton & Williams
Kit Kennedy, Natural Resources Defense Council



10:15 Hot Topics - Hydraulic Fracturing
  • A brief history of drilling and fracturing
  • Federal regulation of hydraulic fracturing
  • State and local efforts to regulate fracturing
  • The fight for local control and developing caselaw
  • Waste disposal, air pollution, storm water pollution and other environmental concerns
  • Health and policy issues

Deborah Goldberg, Earthjustice
Joel R. Burcat, Saul Ewing LLP



11:15 Networking Break

11:30 Contaminated Sites and Real Estate Issues
  • CERCLA Preemption
  • Deference to agency decisions
  • Allocation and apportionment under CERCLA
  • Due diligence issues for real estate transactions
  • Emerging indoor air quality issues
  • Deal issues for purchase and sale transactions and leases
  • Wetlands and Stormwater issues
  • Demolition and Construction

Philip E. Karmel, Bryan Cave LLP
Duke K. McCall III, Bingham McCutchen LLP



12:30 Lunch

1:45 Hot Topics - Wildlife (Incidental Takings) and Vapor Intrusion
  • Incidental take permits for industrial and commercial facilities
  • Required habitat conservation plans
  • Migratory Bird Treaty Act and Endangered Species Act enforcement against business
  • Practical application of regulation to oil and gas facilities and wind turbines
  • Vapor Intrusion: New TCE Developmental Toxicity “Short Term” Exposure Response Action Levels
    • EPA Region 9
    • States and Other EPA Regions
  • Vapor Intrusion: New TCE Carcinogenic Screening Levels
  • EPA Vapor Intrusion Guidance
  • ASTM Vapor Encroachment Screening Guidance

W. Parker Moore, Beveridge & Diamond PC
Edward L. Strohbehn Jr., Bingham McCutchen LLP



2:45 Environmental Disclosure and Regulatory Process for Coastal Climate Change Resilience Projects
  • Recent disclosure standards and initiatives
  • Who are the key players and which industries and corporations are leading the pack
  • SEC and PCAOB Updates
  • Congressional Updates
  • Shareholder activism matters
  • National Environmental Policy Act and State analogues for resilience projects
  • Coastal Zone Management Act and State/Local Programs
  • Section 404 of the Clean Water Act, including new proposed rulemaking defining “navigable waters”
  • CWA Section 401 Water Quality Certification
  • Rivers and Harbors Act of 1899
  • EPA/Federal Policies on Climate Change Adaptation Projects

J. Kevin Healy, Bryan Cave LLP
Betty Moy Huber, Davis Polk & Wardwell LLP



3:45 Networking Break

4:00 Ethical Issues for Lawyers in Mediation and Settlement of Environmental Disputes
  • Confidentiality and disclosure
  • Multiple clients in the settlement context
  • Lying and misrepresentation
  • Conflicts between insurer and insureds
  • Posturing and pressure tactics
  • Ethical Guidelines for settlement negotiations
  • Ethics of the Mediation and Settlement of Environmental Disputes

Pamela R. Esterman, Sive, Paget & Riesel P.C.
Lester J. Levy, JAMS



Program Attorney(s)
Kenneth Min ~ Program Attorney, Practising Law Institute

Philadelphia Groupcast Location

Pennsylvania Bar Institute, The CLE Conference Center, Wanamaker Building, 10th floor, Suite 1010, Center City Philadelphia (Juniper St. entrance, between 13th & Broad Sts., opposite City Hall). (800) 932-4637. Click here for directions.

Philadelphia Groupcast Hotel Accommodations

Below is a list of hotel accommodations suggested by the Pennsylvania Bar Institute:

Marriott Residence Inn

Ritz Carlton

Loews Philadelphia

Philadelphia Marriott Downtown

Hilton Garden Inn

Co-Sponsored by Pennsylvania Bar Institute

Attendees in Pennsylvania will be viewing the live broadcast at the the Pennsylvania Bar Institute's Professional Development Conference Center, Heinz 57 Center, 339 Sixth Avenue, 7th Floor, Pittsburgh, Pennsylvania 15222-2517. You will have the opportunity to submit questions and will receive the printed Course Handbook.

Why you should attend

Join us for a detailed discussion of recent developments in environmental policy, regulation and caselaw in 2014. We will provide incisive analysis of the new regulatory requirements and their compliance implications for businesses, institutions and real estate organizations, and for deal-making.

Our faculty of experienced practitioners have in-depth knowledge of the issues and will provide practical advice for addressing and managing corporate compliance with new environmental regulatory requirements. Questions you have about environmental regulatory issues will be answered by the faculty.

What you will learn

  • Recent developments in the emerging law of indoor air pollution, including issues relating to vapor intrusion, mold, sick building syndrome and other emerging regulatory and tort issues
  • When to consider adverse impacts on wildlife in the business context, in light of recent criminal prosecutions of companies for the incidental taking of an endangered species
  • The new regulatory requirements and court decisions relating to the regulation of greenhouse gases
  • The latest developments in the regulation of natural gas extraction through hydraulic fracturing
  • Trends in superfund litigation regarding apportionment, allocation and divisibility
  • Complying with environmental disclosure requirements in SEC filings
  • Due diligence for transactions beyond the Phase I
  • New Clean Air Act regulations for boilers, power plants and permitting
  • Practical implications of ethical rules in the environmental context
  • And much more!

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.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

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.

9:00 Opening Remarks and Introduction

Philip E. Karmel, Bryan Cave LLP


9:15 Hot Topics - Air and Climate Change Regulation
  • Implementation of the Mercury and Air Toxics Standards (MATS) rule
  • What’s happening with implementation of the Air Transport Rule (and other regional transport initiatives) in light of the Supreme Court’s recent decision
  • Development of several revised NAAQS and implementation of existing ambient standards
  • Current enforcement issues, with a particular focus on New Source Review
  • Proposed Carbon Pollution Standards for Existing Power Plants
  • Proposed Carbon Pollution Standards for Modified and Reconstructed Power Plants
  • Proposed Carbon Pollution Standards for New Power Plants
  • U.S. Supreme Court decisions related to carbon pollution standards ( Commonwealth of Massachusetts, American Electric Power, UARG)

Andrea Field, Hunton & Williams
Kit Kennedy, Natural Resources Defense Council



10:15 Hot Topics - Hydraulic Fracturing
  • A brief history of drilling and fracturing
  • Federal regulation of hydraulic fracturing
  • State and local efforts to regulate fracturing
  • The fight for local control and developing caselaw
  • Waste disposal, air pollution, storm water pollution and other environmental concerns
  • Health and policy issues

Deborah Goldberg, Earthjustice
Joel R. Burcat, Saul Ewing LLP



11:15 Networking Break

11:30 Contaminated Sites and Real Estate Issues
  • CERCLA Preemption
  • Deference to agency decisions
  • Allocation and apportionment under CERCLA
  • Due diligence issues for real estate transactions
  • Emerging indoor air quality issues
  • Deal issues for purchase and sale transactions and leases
  • Wetlands and Stormwater issues
  • Demolition and Construction

Philip E. Karmel, Bryan Cave LLP
Duke K. McCall III, Bingham McCutchen LLP



12:30 Lunch

1:45 Hot Topics - Wildlife (Incidental Takings) and Vapor Intrusion
  • Incidental take permits for industrial and commercial facilities
  • Required habitat conservation plans
  • Migratory Bird Treaty Act and Endangered Species Act enforcement against business
  • Practical application of regulation to oil and gas facilities and wind turbines
  • Vapor Intrusion: New TCE Developmental Toxicity “Short Term” Exposure Response Action Levels
    • EPA Region 9
    • States and Other EPA Regions
  • Vapor Intrusion: New TCE Carcinogenic Screening Levels
  • EPA Vapor Intrusion Guidance
  • ASTM Vapor Encroachment Screening Guidance

W. Parker Moore, Beveridge & Diamond PC
Edward L. Strohbehn Jr., Bingham McCutchen LLP



2:45 Environmental Disclosure and Regulatory Process for Coastal Climate Change Resilience Projects
  • Recent disclosure standards and initiatives
  • Who are the key players and which industries and corporations are leading the pack
  • SEC and PCAOB Updates
  • Congressional Updates
  • Shareholder activism matters
  • National Environmental Policy Act and State analogues for resilience projects
  • Coastal Zone Management Act and State/Local Programs
  • Section 404 of the Clean Water Act, including new proposed rulemaking defining “navigable waters”
  • CWA Section 401 Water Quality Certification
  • Rivers and Harbors Act of 1899
  • EPA/Federal Policies on Climate Change Adaptation Projects

J. Kevin Healy, Bryan Cave LLP
Betty Moy Huber, Davis Polk & Wardwell LLP



3:45 Networking Break

4:00 Ethical Issues for Lawyers in Mediation and Settlement of Environmental Disputes
  • Confidentiality and disclosure
  • Multiple clients in the settlement context
  • Lying and misrepresentation
  • Conflicts between insurer and insureds
  • Posturing and pressure tactics
  • Ethical Guidelines for settlement negotiations
  • Ethics of the Mediation and Settlement of Environmental Disputes

Pamela R. Esterman, Sive, Paget & Riesel P.C.
Lester J. Levy, JAMS



Program Attorney(s)
Kenneth Min ~ Program Attorney, Practising Law Institute

Pittsburgh Groupcast Location

Pennsylvania Bar Institute, Professional Development Conference Center, 339 Sixth Avenue, Suite 760, Pittsburgh, Pennsylvania 15222-2517. (412) 802-2300. Click here for directions.

Co-Sponsored by Atlanta Bar Association

Attendees in Atlanta will view the program via Groupcast at the offices of the Atlanta Bar Association, 400 International Tower, 229 Peachtree Street, NE, Atlanta, Georgia, 30303-1601. With PLI’s Groupcasts you'll instantaneously receive streaming audio/video of the live program and be able to submit your questions electronically. At these locations you’ll also receive the printed Course Handbook upon arriving.

Why you should attend

Join us for a detailed discussion of recent developments in environmental policy, regulation and caselaw in 2014. We will provide incisive analysis of the new regulatory requirements and their compliance implications for businesses, institutions and real estate organizations, and for deal-making.

Our faculty of experienced practitioners have in-depth knowledge of the issues and will provide practical advice for addressing and managing corporate compliance with new environmental regulatory requirements. Questions you have about environmental regulatory issues will be answered by the faculty.

What you will learn

  • Recent developments in the emerging law of indoor air pollution, including issues relating to vapor intrusion, mold, sick building syndrome and other emerging regulatory and tort issues
  • When to consider adverse impacts on wildlife in the business context, in light of recent criminal prosecutions of companies for the incidental taking of an endangered species
  • The new regulatory requirements and court decisions relating to the regulation of greenhouse gases
  • The latest developments in the regulation of natural gas extraction through hydraulic fracturing
  • Trends in superfund litigation regarding apportionment, allocation and divisibility
  • Complying with environmental disclosure requirements in SEC filings
  • Due diligence for transactions beyond the Phase I
  • New Clean Air Act regulations for boilers, power plants and permitting
  • Practical implications of ethical rules in the environmental context
  • And much more!

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.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

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.

9:00 Opening Remarks and Introduction

Philip E. Karmel, Bryan Cave LLP


9:15 Hot Topics - Air and Climate Change Regulation
  • Implementation of the Mercury and Air Toxics Standards (MATS) rule
  • What’s happening with implementation of the Air Transport Rule (and other regional transport initiatives) in light of the Supreme Court’s recent decision
  • Development of several revised NAAQS and implementation of existing ambient standards
  • Current enforcement issues, with a particular focus on New Source Review
  • Proposed Carbon Pollution Standards for Existing Power Plants
  • Proposed Carbon Pollution Standards for Modified and Reconstructed Power Plants
  • Proposed Carbon Pollution Standards for New Power Plants
  • U.S. Supreme Court decisions related to carbon pollution standards ( Commonwealth of Massachusetts, American Electric Power, UARG)

Andrea Field, Hunton & Williams
Kit Kennedy, Natural Resources Defense Council



10:15 Hot Topics - Hydraulic Fracturing
  • A brief history of drilling and fracturing
  • Federal regulation of hydraulic fracturing
  • State and local efforts to regulate fracturing
  • The fight for local control and developing caselaw
  • Waste disposal, air pollution, storm water pollution and other environmental concerns
  • Health and policy issues

Deborah Goldberg, Earthjustice
Joel R. Burcat, Saul Ewing LLP



11:15 Networking Break

11:30 Contaminated Sites and Real Estate Issues
  • CERCLA Preemption
  • Deference to agency decisions
  • Allocation and apportionment under CERCLA
  • Due diligence issues for real estate transactions
  • Emerging indoor air quality issues
  • Deal issues for purchase and sale transactions and leases
  • Wetlands and Stormwater issues
  • Demolition and Construction

Philip E. Karmel, Bryan Cave LLP
Duke K. McCall III, Bingham McCutchen LLP



12:30 Lunch

1:45 Hot Topics - Wildlife (Incidental Takings) and Vapor Intrusion
  • Incidental take permits for industrial and commercial facilities
  • Required habitat conservation plans
  • Migratory Bird Treaty Act and Endangered Species Act enforcement against business
  • Practical application of regulation to oil and gas facilities and wind turbines
  • Vapor Intrusion: New TCE Developmental Toxicity “Short Term” Exposure Response Action Levels
    • EPA Region 9
    • States and Other EPA Regions
  • Vapor Intrusion: New TCE Carcinogenic Screening Levels
  • EPA Vapor Intrusion Guidance
  • ASTM Vapor Encroachment Screening Guidance

W. Parker Moore, Beveridge & Diamond PC
Edward L. Strohbehn Jr., Bingham McCutchen LLP



2:45 Environmental Disclosure and Regulatory Process for Coastal Climate Change Resilience Projects
  • Recent disclosure standards and initiatives
  • Who are the key players and which industries and corporations are leading the pack
  • SEC and PCAOB Updates
  • Congressional Updates
  • Shareholder activism matters
  • National Environmental Policy Act and State analogues for resilience projects
  • Coastal Zone Management Act and State/Local Programs
  • Section 404 of the Clean Water Act, including new proposed rulemaking defining “navigable waters”
  • CWA Section 401 Water Quality Certification
  • Rivers and Harbors Act of 1899
  • EPA/Federal Policies on Climate Change Adaptation Projects

J. Kevin Healy, Bryan Cave LLP
Betty Moy Huber, Davis Polk & Wardwell LLP



3:45 Networking Break

4:00 Ethical Issues for Lawyers in Mediation and Settlement of Environmental Disputes
  • Confidentiality and disclosure
  • Multiple clients in the settlement context
  • Lying and misrepresentation
  • Conflicts between insurer and insureds
  • Posturing and pressure tactics
  • Ethical Guidelines for settlement negotiations
  • Ethics of the Mediation and Settlement of Environmental Disputes

Pamela R. Esterman, Sive, Paget & Riesel P.C.
Lester J. Levy, JAMS



Co-Chair(s)
Philip E. Karmel ~ Bryan Cave LLP
Edward L. Strohbehn Jr. ~ Bingham McCutchen LLP
Speaker(s)
Joel Burcat ~ Saul Ewing LLP
Pamela R. Esterman ~ Sive, Paget & Riesel, P.C.
Andrea Bear Field ~ Hunton & Williams
Deborah Goldberg ~ Managing Attorney, Earthjustice
J. Kevin Healy ~ Partner, Bryan Cave LLP
Betty Moy Huber ~ Davis Polk & Wardwell LLP
Kit Kennedy ~ NRDC
Duke K. McCall, III ~ Bingham McCutchen LLP
W. Parker Moore ~ Beveridge & Diamond PC
Program Attorney(s)
Kenneth Min ~ Program Attorney, Practising Law Institute
Atlanta Groupcast Location

Atlanta Bar Association, 400 International Tower, 229 Peachtree Street, NE, Atlanta, GA 30303-1601. (404) 521-0781.
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