EBA Primer: Environmental Law

2015-09-29 12:00:00 2015-09-30 13:30:00 America/New_York EBA Primer: Environmental Law- EBA **For a full listing of events visit http://eba-net.org/calendar 999 Peachtree Street, NE, Atlanta, GA 30309-3996 EBA - Energy Bar Association admin@eba-net.org
Dates:  Tuesday, September 29, 2015 - 12:00pm to Wednesday, September 30, 2015 - 1:30pm
Location:  999 Peachtree Street, NE, Atlanta, GA 30309-3996

ONLINE REGISTRATON IS NOW CLOSED. YOU CAN STILL REGISTER ON-SITE.  

Summary

The goal of this primer is to provide an overview of environmental law, principally at the federal level. The course begins with a brief overview the purpose of environmental law and regulation, and the interplay of federal, state and local laws. The course explains environmental law practice before the relevant agencies, such as the Environmental Protection Agency, including the rulemaking process and “sue and settle,” the appeals process, and enforcement and litigation. Our faculty will then provide an overview of the key federal environmental laws and their impact on the energy industry; the laws addressed will cover the major statutes (National Environmental Policy Act, Clean Air Act, Clean Water Act, etc.), and for each we will address who regulates, who is regulated, what is regulated, and how it is regulated. Finally, we will address environmental law considerations in project development, system operations, and energy transactions (in particular, how environmental law factors into transaction due diligence).

This course is intended for new energy lawyers practicing environmental law and energy transaction lawyers who need an overview of environmental laws and regulations.

Program BrochureEnvironment Law Primer  (PDF)

For details about the entire EBA Primers Series,  visit: http://eba-net.org/node/273

Register Now

Register for the Reception Only

Continuing Legal Education Credits (CLE)

 Event approved for 8 hours MCLE accreditation approved in NY, PA, and VA. Pending approval in CA, GA, and TX. For questions email llevine@eba-net.org  

Schedule:

Tuesday, September 29, 2015

Noon – 1:00 pm

Lunch and Networking

1:00 pm – 1:15 pm

Welcome

Jay Morrison, Primer Dean; Vice President, Regulatory Issues, National Rural Electric Cooperative Association

1:15 pm – 2:30 pm

Overview of Environmental Law

An overview of the purpose of environmental statutes and regulation, with a focus on the interplay of federal, state and local laws and how obligations arise under the various laws.

Thomas A. Lorenzen, Partner, Crowell & Moring LLP

2:30 pm – 2:45 pm

Networking Break

2:45 pm – 4:45 pm

Key Federal & State Environmental Laws And Their Impact on The Energy Industry

An overview of the key federal and state environmental laws and their impact on the energy industry. In particular, for each major statute, our faculty will address: (i) who regulates, (ii) who is regulated, (iii) what is regulated, and (iv) how it is regulated.

 

Key statutes addressed include:

  • National Environmental Policy Act
  • Clean Air Act
  • Clean Water Act
  • Oil Pollution Act
  • CERCLA
  • RCRA
  • Endangered Species Act
  • Migratory Bird Protection Act
  • And more . . . .

 

Participants should expect to take away a solid understanding of the various environmental regulatory regimes affecting the energy industry.

 

Thomas A. Lorenzen, Partner, Crowell & Moring LLP

Todd S. Mikolop, Senior Attorney, Hunton & Williams LLP

5:00 pm – 7:00 pm

Networking Reception – Hosted by Sutherland Asbill & Brennan LLP

7:00 pm

Dinner on your own

Wednesday, September 30, 2015

7:30 am – 8:00 am

Continental Breakfast

8:00 am – 8:15 am

Day One Recap

Jay Morrison, Primer Dean; Vice President, Regulatory Issues, National Rural Electric Cooperative Association

8:15 am – 9:30 am

Key Federal & State Environmental Laws & Impact on Energy Industry (cont’d)

Thomas A. Lorenzen, Partner, Crowell & Moring LLP

Todd S. Mikolop, Senior Attorney, Hunton & Williams LLP

9:30 am – 9:45 am

Networking Break

9:45 am – 11:30 am

Agency Practice

Our faculty will address the various avenues through which environmental laws and policies are adopted and made, including:

  • Rulemaking processes and judicial review of agency action
  • Citizen suits (including “sue and settle”)
  • Applicable procedural requirements and substantive standards

Participants will then learn about the various agencies involved in making, implementing and enforcing environmental laws.

Our faculty will finish with a discussion of the enforcement of environmental laws:

  • Tools available to agencies and stakeholders to enforce the laws, including judicial proceedings
  • Potential penalties for non-compliance

Thomas A. Lorenzen, Partner, Crowell & Moring LLP

Todd S. Mikolop, Senior Attorney, Hunton & Williams LLP

11:30 am – 11:45 am

Networking Break

11:45 am – 1:00 pm

Practical Considerations in the Intersection of Environmental Laws and Energy

Our faculty will provide practical guidance for energy law and transactional practitioners, with a focus on:

  • Environmental considerations in energy project development (pipelines, electric generation and transmission, etc.), including permitting and public policy issues
  • Overview of environmental issues in energy transactions, including due diligence considerations
  • Overview of operational considerations at energy facilities, including compliance matters, EMS systems, and incidence response/ reporting

   Daniella Landers, Partner, Katten Muchin Rosenman

1:00 pm – 1:15 pm

Concluding Remarks

Jay Morrison, Primer Dean; Vice President, Regulatory Issues, National Rural Electric Cooperative Association

Reception:

There will be an informal reception on the first evening immediately following adjournment of the class for the day. The reception is INCLUDED in the Primer registration fee. However, if you have friends and colleagues who are not attending the Primer, but would enjoy the reception, please click on the following link to REGISTER FOR PRIMER RECEPTION

Speakers:

Daniella Landers is a partner at Katten Muchin Rosenman and focuses her practice on a broad range of environmental compliance, transactional and litigation matters. She counsels energy companies, manufacturers, industrial facilities, financial institutions, real estate interests and other businesses on complex environmental and related land use issues, including environmental risk assessment, environmental permitting and compliance, environmental due diligence in acquisitions and transactions, management of environmental issues affecting the upstream, midstream, downstream, and renewables/alternative energy sectors, natural resources damages claims, climate change initiatives, and pollution exposure disputes.

Tom Lorenzen is a partner in Crowell & Moring's Washington, D.C. office and is a member of the Environment & Natural Resources and Government Affairs groups. Tom works with clients seeking to successfully navigate the federal environmental rulemaking process. From 2004 until 2013, Tom was an Assistant Chief at the U.S. Department of Justice, where he oversaw the federal government’s legal defense of all EPA regulations. He directly litigated or supervised many of the seminal Clean Air Act and Clean Water Act cases of the last two decades, including Massachusetts v. EPA, Coalition for Responsible Regulation v. EPA (decided by the Supreme Court as UARG v. EPA), EME Homer City Generation v. EPA, and Entergy v. Riverkeeper.

Todd S. Mikolop is a senior attorney at Hunton & Williams. His practice focuses on national environmental and administrative law issues, with a particular emphasis on water and wildlife related issues. Mikolop advises clients on all aspects of environmental and administrative law, including permitting, compliance counseling, participating in rulemaking actions, administrative, civil, and criminal enforcement defense, and litigation.

Jay Morrison is the Vice President of Regulatory Issues at the National Rural Electric Cooperative Association. He works with a staff of professionals representing NRECA and its members on matters relating to federal and state utility regulation, power supply and delivery. Since joining NRECA in 1998, Morrison has worked extensively on issues relating to wholesale market design, power supply and delivery, industry restructuring, renewable energy, energy efficiency, distributed generation, and the smart grid.

 

Registration Information

Registration includes program sessions, electronic attendee handouts, lunch, breakfast, breaks, and reception. The deadline for receipt of advance registration is September 18, 2015. Conference registrations will only be accepted when accompanied by a check, money order, government purchase order/training form or credit card information and may be limited by the capacity of the facilities. Registrations will not be held without payment. No partial registration is available. 

Registration Fees

  EBA Member Non-Member
Attorney $350 $395
Non-Attorney $375 $425
Young Attorney-Private* $275 $300
Gov't/Student $100 $125

 

*Those who graduated from law school within the last three years.

Three Ways to Register:

  1. Online:
  2. Fax your completed registration form with payment to EBA: (202) 833-5596
  3. Mail your registration and payment to EBA, 2000 M St. NW, Suite 715, Washington, DC 20036

 

Cancellation Policy:

Refunds will be given to registrants who submit written cancellation to the address shown on the registration form by September 18, 2015, less a $50 administrative fee. The cancellation policy also applies to registration forms that are received and accepted after the deadline date. No refunds will be given after September 18, 2015. If a cancellation is requested after the deadline and accepted, there will be a $75 administrative fee. Substitutions are acceptable at any time (non-members substituting for members will be charged the difference between the member and non-member fees). Please note that regardless of the date the cancellation notice is received, no refunds will be processed until after the program. Confirmations will be sent to registrants via email if an address is provided.

Photographs:

By registering for this program, you authorize EBA to use any photographs taken of you during the event. Photographs may be used in promotional materials or stories that appear in professional publications and websites. 

 

Hotel:

Hyatt Atlanta Midtown

To reserve your room online, please access:
https://resweb.passkey.com/Resweb.do?mode=welcome_ei_new&eventID=13981680&utm_source=10620932&utm_medium=email&utm_campaign=64297258

125 10th Street NE
Atlanta, GA 30309
(404) 443.1234 
Rooms will be available for $199 (Single/Double)

Attendees:

Information coming soon! 

Location:

The seminar will be held at the Law office of Sutherland, 999 Peachtree Street, NE, Atlanta, GA 30309-3996.

Lobby signs will direct attendees to the top floor where the Courtroom is located. If you park at Sutherland, parking will be validated.

Directions

From MARTA

Exit at the Midtown Station.

From GA 400 Southbound:
Take 400 SB until it merges onto I-85 SB.
Take Exit 84 "17th St./14th St./10th Streets."
Merge left to the 14th St./10th St. ramp. Get in the lane that goes straight.
Go to the second light and turn left onto 10th St.
Proceed through 4 traffic lights, then turn right into the Hyatt entrance. Go to the top of the driveway to the parking lot entrance. Take a ticket (bring it with you for our Receptionist to validate.) Turn left and park in one of the Sutherland Asbill & Brennan reserved parking spaces. If those spaces are full, park in any space labeled “Visitor” on that level or the next. Level 9 is also available if no spaces are available on either of these levels. Take the garage elevator to the Plaza level (If you are parked in the designated Sutherland spaces, just walk through the garage elevator lobby). Walk under the covered breezeway into the building and proceed to the set of elevators to the right of the building security desk. Take the elevator to the 27th floor.

From I-85 Southbound:
Take Exit 84 "17th St./14th St./10th Street."
Merge left to the 14th St./10th St. ramp. Get in the lane that goes straight. Go to the second light and turn left onto 10th Street. Proceed through 4 traffic lights. Turn right into the Hyatt entrance. Go to the top of the driveway to the parking lot entrance. Take a ticket (bring it with you for our Receptionist to validate.) Turn left and park in one of the Sutherland Asbill & Brennan reserved parking spaces. If those spaces are full, park in any space labeled “Visitor” on that level or the next. Level 9 is also available if no spaces are available on either of these levels. Take the garage elevator to the Plaza level (If you are parked in the designated Sutherland spaces, just walk through the garage elevator lobby). Walk under the covered breezeway into the building and proceed to the set of elevators to the right of the building security desk. Take the elevator to the 27th floor.

From I-75 Southbound:
Take Exit 250 "Sixteenth/Fourteenth/Tenth Streets."
Merge left to the 14th St./10th St. ramp. Get in the lane that goes straight. Go to the second light and turn left onto 10th Street. Proceed through 4 traffic lights. Turn right into the Hyatt entrance. Go to the top of the driveway to the parking lot entrance. Take a ticket (bring it with you for our Receptionist to validate.) Turn left and park in one of the Sutherland Asbill & Brennan reserved parking spaces. If those spaces are full, park in any space labeled “Visitor” on that level or the next. Level 9 is also available if no spaces are available on either of these levels. Take the garage elevator to the Plaza level (If you are parked in the designated Sutherland spaces, just walk through the garage elevator lobby). Walk under the covered breezeway into the building and proceed to the set of elevators to the right of the building security desk. Take the elevator to the 27th floor.

Hartsfield International Airport
From I-75/I-85 Northbound:
Turn off exit "10th Street". Turn right onto 10th Street. Proceed through 3 lights. Turn right into the Hyatt entrance. Go to the top of the driveway to the parking lot entrance. Take a ticket (bring it with you for our Receptionist to validate.) Turn left and park in one of the Sutherland Asbill & Brennan reserved parking spaces. If those spaces are full, park in any space labeled “Visitor” on that level or the next. Level 9 is also available if no spaces are available on either of these levels. Take the garage elevator to the Plaza level (If you are parked in the designated Sutherland spaces, just walk through the garage elevator lobby). Walk under the covered breezeway into the building and proceed to the set of elevators to the right of the building security desk. Take the elevator to the 27th floor. 

Contact:

If you would like more information about this topic, or would like to attend the EBA Environmental Law Primer, please contact EBA at 202.223.5625.