Environmental Regulation and Commercial Implications 2010: How the New Administration, Congress and the Courts Have Changed the Rules

Overview

Why You Should Attend

Environmental regulation entered a new world with the election of President Barack Obama and the 111th Congress.  New environmental laws have been enacted, new environmental regulations have been promulgated, and courts have issued precedent-setting environmental decisions.  All substantially impact what skilled attorneys need to know to assist their clients in matters ranging from environmental regulatory compliance to environmental disclosure and enforcement, to addressing environmental issues in transactional contexts.  Seasoned practitioners, governmental officials and environmental consultants who have experience in the new world of environmental regulation will provide practical advice on the implications of this new world of environmental regulation.

What You Will Learn

ALL NEW!

• The proposed and actual, effective changes in laws and regulations dealing with climate change.
• The most important new statutory and regulatory developments in the Clean Air Act, Clean Water Act and other environmental laws and regulations.
• The new chemical regulation regime in Europe (REACH), its effect on U.S. companies, brewing changes to the Toxic Substances Control Act, the regulation of nanotechnology and consumer product safety issues.
• New and proposed public disclosure requirements resulting from SEC initiatives and settlements reached by the New York Attorney General’s office.
• How key court decisions have affected the interpretation and application of environmental regulatory requirements.
• New, controversial due diligence standards for vapor intrusion that require careful attention in real estate transactions.
• The impact of these sweeping changes on corporate and real estate due diligence and deal making.

Who Should Attend

Environmental, corporate and real estate attorneys interested in learning about important new developments in environmental law and regulation.

Special Features

Live Webcast - Simultaneous live webcast of the New York session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.
 
For more information click on the Live Webcast link in the Related Items box.

Please Note: New York webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

Special Bonus to all Registrants

All attendees receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

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.

Schedule

Morning Session:  9:00 a.m. - 12:30 p.m.

9:00  Opening Remarks and Introduction

Philip E. Karmel

9:15  Climate Change - Regulatory Developments

• Mandatory EPA GHG Reporting Rule
• EPA Endangerment Finding under Clean Air Act
• Potential PSD and Title V permitting of GHGs
• Geological CO2 Sequestration Rulemaking
• Major Regional Initiatives (RGGI, WCI, Midwest, CA)
• Public Nuisance Lawsuits

Philip E. Karmel, Edward L. Strohbehn Jr.

10:15  Other Regulatory Developments

• NAAQS Rulemakings (SO2, NOx, PM2.5, Ozone)
• Clean Air Interstate Rule
• Other Measures to Ratchet Down Emissions to Meet Ozone and PM2.5 Standards
• Clean Water Developments, including Performance Standards for Construction
• Cooling Water Intake Structures
• Wetlands Delineation Issues
• Nanotechnology Regulation
• Toxic Substances Control Act Reform

Lynn L. Bergeson, Christine A. Fazio

11:15  Networking Break

11:30  Legislative Watch

• Climate Change Bills
• Energy Bills
• Biofuels Controversy
• Toxic Substances Control Act Reform

Lynn L. Bergeson, David C. Russell

12:30  Lunch

Afternoon Session:  1:45 p.m. - 5:00 p.m.

1:45  Vapor Intrusion, Brownfields and Cleanups

• Vapor Intrusion Assessment, Due Diligence and Recent Developments
• Other Indoor Air Quality Issues
• New Brownfields Issues and Strategies
• New Divisibility and “Arranger” Standards for Cleanup Liability
• New EPA Focus on Community Involvement

David J. Freeman, Edward L. Strohbehn, Jr.

2:45  Environmental Disclosure

• Reporting Obligations Under Existing SEC Regulations
• SEC Review of Adequacy of Existing Standards
• Practical Aspects of Environmental Disclosure
• Shareholder Activism
• State Attorney General Lawsuits

Betty M. Huber, Daniel Sangeap

3:45  Networking Break

4:00  Voluntary Private-Sector/Market-Based Environmental Initiatives

• Corporate Sustainability Practices
• Voluntary Carbon Offsets
• Energy Star Program
• Green Building Standards
• Product and Packaging Standards
• Third-Party Certification of Environmental Marketing Claims

Michael B. Gerrard, Rabi Kieber, Dinah A. Koehler

5:00  Adjourn

Faculty

Chairperson(s)

Philip E. Karmel, Bryan Cave LLP

Speaker(s)

Lynn L. Bergeson, Bergeson & Campbell, P.C.
Christine A. Fazio, Carter Ledyard & Milburn LLP
David J. Freeman, Paul, Hastings, Janofsky & Walker LLP
Michael B. Gerrard, Andrew Sabin Professor of Professional Practice; Director, Center for Climate Change Law, Columbia Law School
Betty Moy Huber, Davis Polk & Wardwell LLP
Rabi Kieber, U.S. Environmental Protection Agency - Region 2
Dinah A. Koehler, Consultant
David C. Russell, Bryan Cave LLP
Daniel Sangeap, Assistant Attorney General, Investor Protection Bureau, Office of the New York Attorney General
Edward L. Strohbehn, Jr., Bingham McCutchen LLP

Program Attorney(s)

Meghan C. Forgione, Practising Law Institute

CLE Credit

Travel Information

New York City Seminar Location

PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com.