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 firstname.lastname@example.org or call (800) 260-4PLI.
PLI Can Arrange Group Viewing to Your Firm
Contact the Groupcasts Department via email at email@example.com for more details.
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
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
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.