Energy Law Academy 108: An Introduction to Environmental Law

108

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Program Overview

This course will provide an overview of environmental law, principally at the federal level. The course begins with a brief overview of the purpose of environmental law and regulation, and the interplay of federal, state and local laws. Our faculty will then provide an overview of the key federal environmental laws and their impact on the energy industry. The laws addressed will include the major statutes (National Environmental Policy Act, Clean Air Act, Clean Water Act, etc.). For each, the faculty will address who regulates, who is regulated, what is regulated, and how it is regulated. The course will then explain environmental law practice before the relevant agencies, such as the Environmental Protection Agency, including the rulemaking process and judicial review of the rules and other final agency actions, citizen suits, and enforcement and related litigation. 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).

champion SPONSORSHIP OPPORTUNITIES:

Energy Law Academy Sponsorship Levels & Benefits


$500: Sponsor

  • One complimentary registration
  • Logo featured in all event marketing circulated to over 5,000 attorneys & energy professionals twice
  • Listed in materials circulated to all attendees
  • Verbal recognition at the opening by Chapter President during welcome remarks
  • Recognition on the conference webpage
  • Logo recognition on social media
  • Recognition on the recording that will be offered in our e-Library.
 

Contact: Mary Margaret Frank, Manager, Events & Volunteer Relations, E: mmfrank@eba-net.org

Speaker_icon  Speakers

Boling,_Edward_-_2021 Carpenter,_David Navaro,_Ann_-_2021 Wood,_Allison_-_2021
Edward Boling
Partner
PERKINS COIE LLP

David G. Carpenter
General Counsel
GREEN LANTERN DEVELOPMENT, LLC;
Director of Development
GREEN LANTERN SOLAR

Ann Navaro
Partner
BRACEWELL

Allison Wood
Partner
MCGUIREWOODS

 

library  PROGRAM SCHEDULE

Wednesday, September 22

12:30 PM - 12:45 PM: Introductory Matters

        Faculty: Jane Rueger, PartnerPerkins Coie LLP

12:45 PM - 2:00 PM: Overview of Environmental Law

This session will provide 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.

Faculty:

Edward Boling, Partner, Perkins Coie LLP
David CarpenterGeneral Counsel, Green Lantern Development, LLC

2:00 PM - 2:15 PM: Break

2:15 PM - 4:15 PM: Key Federal and State Environmental Laws and Their Impact on the Energy Industry

This session will provide 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 status 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.

Faculty:

Edward Boling, Partner, Perkins Coie LLP
David Carpenter
General Counsel, Green Lantern Development, LLC

 

4:15 PM - 4:30 PM: Break

4:30 PM - 5:00 PM: Keynote Speaker 

Pidot,_Justin
Justin Pidot
General Counsel
WHITE HOUSE COUNCIL
ON ENVIRONMENTAL QUALITY

thursday, september 23

12:30 PM - 12:45 PM: Introductory Matters

        Faculty: Jay Morrison, Chief Legal OfficerElectriCities of NC

12:45 PM - 2:00 PM: Key Federal and State Environmental Laws and Their Impact on the Energy Industry (cont’d)

This session is a continuation from Day One. This session will provide 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.

Faculty:

Ann Navaro, Partner, Bracewell
Allison Wood
PartnerMcGuireWoods

2:00 PM - 2:15 PM: Break

2:15 PM - 4:00 PM: 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”), and
  • 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, and
  • Potential penalties for non-compliance.

Faculty:

Ann Navaro, Partner, Bracewell
Allison Wood
PartnerMcGuireWoods

4:00 PM - 4:15 PM: Break

4:15 PM - 5:30 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; and
  • Overview of operational considerations at energy facilities, including compliance matters, EMS systems, and incidence response/ reporting.

Faculty:

Allison WoodPartnerMcGuireWoods
Ann Navaro, Partner, Bracewell

5:30 PM: Conclusion

cleapproved   CONTINUING LEGAL EDUCATION (CLE):

EBA will seek up to 9.0 hours CLE in 60-minute states and 10.8 hours CLE in 50-minute states.  EBA will ordinarily seek CLE from VA, NY, CA & PA.   Additionally, some states allow attorneys to earn credit through reciprocity or self-submission. View accreditation information for your state at https://www.americanbar.org/events-cle/mcle/

The following states have been approved or are pending:

  • Approved: PA, CA
  • Pending: VA, NY

If you have questions please email:  EBA-CLE@EBA-Net.org. 

fees   REGISTRATION FEES:

Register Now

Type Member Rate Non-Member Rate
Registration $300 $350
Student $95 $350
Multi-Registration Discount (4th person and beyond) $275 NA

 

*For firms registering 4 people or more, at the same time, EBA will provide you a group discounted registration rate of $275 per person for the 4th person and beyond. Applies to Private and Energy Professional members only. All attendees in the group must be members. Contact mmfrank@eba-net.org for more information. 

 policy_icon policies 

To learn more, please contact EBA,  (202) 223-5625 or by email at EBA@eba-net.org.

CANCELLATION POLICY:

Refunds will be given to registrants who submit written cancellation to the address shown on the registration form by 7/19/2021, 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 7/19/2021. If a cancellation is requested after the deadline and accepted, there will be a $100 administrative fee. Substitutions are acceptable by 7/19/2021 (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.

SPECIAL ACCOMMODATIONS

Persons in need of special accommodation should inquire with Lisa Levine, Chief Executive Officer, llevine@eba-net.org at the EBA office.

EBA HARDSHIP POLICY

EBA offers eligible student, government, and academic members’ discounts on the rates for most EBA programs which carry CLE credits, including EBA’s Annual and Mid-Year meetings. EBA will, on a case-by-case basis, consider requests from members to attend EBA programs at discounted rates. Discount requests must be made to EBA’s office at least fifteen days prior to the close of regular registration for the program in question. Requests will be considered by EBA if timely and complete. Discount requests must demonstrate a substantial financial hardship. Please submit your request to llevine@eba-net.org.

DIVERSITY & INCLUSION

The Energy Bar Association (“EBA”) is committed to the goals of fostering an inclusive and diverse membership and increasing diversity across all levels of the Association.  Attorneys and energy professionals in the energy field are welcome to join our ranks, regardless of race, creed, color, gender (including gender identity or expression), sexual orientation, family and marital status (including pregnancy), family responsibilities, religion, national origin, age, personal appearance, political affiliation, veterans status, disability, source of income (government, solo, corporate, firm practice), or place of residence or business (geographic diversity) and are encouraged to become active participants in the Association’s activities.

pictures   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.