Nov. 04, 2009
Environmental Issues in Bankruptcy: Lessons from In re: ASARCO

Agenda Summary: Learn about strategies for assessing and addressing claims at the outset of bankruptcy from both the debtor and the creditor perspective; claims estimation as a tool for resolving environmental claims; dischargeability of environmental claims, both generally and in the wake of the 7th Circuit's recent Apex decision; owned property liabilities and a variety of related issues (when does a debtor “own” a property?); liability transfers as a practical approach to addressing owned property liabilities; compliance obligations of debtors in possession; management of bankrupt entities in the context of large PRP groups; and negotiating and obtaining court approval of settlements of environmental claims. The featured speakers were Tony Davis and Scott Janoe, partners with BakerBotts.

Oct. 29, 2009
Strategies for Successful Closure, Cleanup, and Sale of Former Manufacturing Properties

Agenda Summary:  Highlight legal obligations triggered by plant closings and transfers, including decommissioning, RCRA and underground storage tank closure, financial reporting, and unique state requirements and best practices used by leading companies; identify strategic considerations and choices relating to mothballing properties or preparing them for sale and redevelopment; discuss the use of environmental insurance, voluntary cleanup programs, innovative remediation contracts, and other creative tools; describe corporatewide systems to ensure the effective closure, cleanup, and sale of closed facilities; explain ways to avoid common problems in the negotiation of sale agreements for closed properties; and review the roles of a company’s environmental manager, business and real estate managers, environmental lawyer, and environmental consultant. The featured speakers were Andrew L. Kolesar, a partner with Thompson Hine LLP, and John A. Simon, executive vice president of WSP Environment & Energy.

Oct. 22, 2009
Premature Burial? The Resuscitation of Public Nuisance Litigation

Agenda Summary:  Learn about the history of public nuisance claims and their traditional uses; understand the relevance of recent Supreme Court decisions requiring greater specificity in pleadings; examine the use of global warming and climate change issues as a basis for such claims, and potential implications for related litigation; gain insight about other factual scenarios that may justify public nuisance claims, including those related to the abatement of regulated contaminants; and evaluate the impact of proposed Environmental Protection Agency regulations and congressional legislation. The featured speakers were Richard Faulk and John S. Gray, partners with Gardere Wynne Sewell LLP, and Donald Gifford, Professor of Law at the University of Maryland School of Law.

Oct. 21, 2009
The Nation's First Greenhouse Gas Reporting System: A Look at EPA's Mandatory Reporting Rule

Agenda Summary:  Review the final mandatory GHG reporting requirement, highlight differences between the final rule and the proposed rule published earlier this year, identify measures that industry must take to prepare to meet the requirement, discuss the reporting requirement in the context of other recent climate change policy activities (e.g. Kerry-Boxer Senate bill, EPA’s recently proposed rule to regulate GHG emissions under the Clean Air Act, and President Obama’s executive order to federal agencies), and assess how and if states and regional climate pacts will harmonize their activities with EPA’s efforts. The featured speakers were Phil Chandler, Head of Subfab and Environmental Products, Applied Materials; Geraldine E. Edens, partner with McKenna Long & Aldridge LLP; Steve Frenkel, Chief Policy Adviser with Illinois EPA; and Denise Sheehan, Vice President, Government and Regional Affairs, The Climate Registry.

Oct. 15, 2009
Flu Update: Proactive Employer Preparations in Advance of a Potential Pandemic

Agenda Summary: Learn about current practices to prepare for a pandemic in the workplace; understand how the H1N1 flu virus will impact employers; gain insight on common sense measures to prevent infection; and consider methods to avoid loss of productivity. The featured speakers were Edwin G. Foulke Jr. and Howard A. Mavity, partners with Fisher & Phillips LLP and co-chairs of the firm’s Workplace Safety and Catastrophe Management Practice Group.

Sep. 30, 2009
A Year Like No Other: Supreme Court Wrap, 2008-2009

Agenda Summary: Learn about the decisions the Supreme Court issued in environmental matters during its 2008-2009 term; understand how the recent Supreme Court decisions are likely to impact policymaking at the federal and state levels; gain insight on the practical effects of the court’s decisions; and learn what to expect from the Supreme Court during the 2009-2010 term. The featured speaker was James R. May, Professor of Law at Widener University Law School.

Sep. 16, 2009
The Impact of Transactional Energy Disclosure Regulations and Sustainability Due Diligence Requirements on Commercial Real Estate Transactions

Agenda Summary: Understand current ASTM efforts to standardize energy disclosure requirements for commercial buildings; learn about the emerging market evolution of benchmarking and rating criteria for energy-efficient buildings; gain insight on the actions of cities, states, and the federal government to set green building requirements, public disclosure of property energy efficiency, and the sustainability performance of buildings; identify new sources of government incentives, including grants, rebates, tax credits, and other sources of capital for green building retrofit projects; and recognize new issues on the horizon, including pending climate change and renewable energy initiatives, likely to impact real estate transactions. The featured speakers were Mark J. Bennett, senior counsel with Miller Canfield and leader of the firm’s Climate Change Practice Team, and Douglas J. Feichtner, an attorney with Dinsmore & Shohl LLP.

Jul. 22, 2009
Water, Climate Change, and Sustainability: Challenges and Solutions

Agenda Summary: Learn how climate change is affecting the water sector; gain insight on opportunities for federal funding of green infrastructure; assess proposed programs and initiatives to address sustainable development and conservation programs; identify the roles of federal, state, and local authorities in developing and implementing responses to the impact of climate change on water resources; and understand how litigation is impacting water law and regulation. The featured speakers were Cynthia Lane, a regulatory specialist for the American Water Works Association; G. Tracy Mehan III, principal at The Cadmus Group Inc. and former EPA assistant administrator for water; Kathy Robb, a partner with Hunton & Williams LLP and director of the Water Policy Institute; and David Struhs, vice president of environmental affairs for International Paper.

Jun. 03, 2009
Environmental Due Diligence and Business Risk Considerations in a Distressed Market: New Strategies, Alternative Approaches

Agenda Summary: Understand environmental due diligence frameworks, including ASTM standards governing Phase I and Phase II environmental site assessments, as well as pre- and post-purchase obligations under the Environmental Protection Agency’s “all appropriate inquiries” rule and “continuing obligations” requirements that must be met for superfund liability relief, and how these practices are evolving in reaction to the current marketplace; identify varying levels of environmental due diligence to determine the scope of diligence or standard that best fits a transaction and/or balances business objectives against environmental risks in various scenarios, including mergers and acquisitions, bankruptcy and foreclosure proceedings, corporate portfolio deals, traditional real estate transactions, and plant closures; learn how sustainability and climate change-related issues are becoming an important part of due diligence as they relate to risks and opportunities relevant to business and real estate transactions; and consider trends that are impacting environmental due diligence, including the credit crisis, struggling commercial real estate market, and renewed attention on environmental disclosure obligations. The featured speakers were Abbi L. Cohen, a partner with Dechert LLP; Dianne P. Crocker, senior economist and managing director of the Market Research Group for Environmental Data Resources Inc.; Amy L. Edwards, a partner with Holland & Knight LLP; and Christopher J. Olson, manager of real estate reuse for BP.

Apr. 15, 2009
Moving Stimulus Forward: Opportunities and Challenges for Energy and the Environment (event not recorded)

Agenda Summary: Be aware of the appropriate next steps in the regulatory process for implementing provisions of the American Recovery and Reinvestment Act of 2009, and how to participate as a stakeholder in the formation of the application process; understand what to expect from the government’s consideration and processing of applications, including the review and timing of decisions; and comply with National Environmental Policy Act requirements, in a comprehensive and timely way, that may be triggered by decisions under the act. The featured speakers were David Hill, former general counsel of the U.S. Department of Energy; Roger Martella, a partner with Sidley Austin LLP and former general counsel of the U.S. Environmental Protection Agency; and Grant Bailey, a senior consultant with Golder Associates Inc. and NEPA consultant on DOE loan guarantee programs.

Mar. 11, 2009
Managing Material Safety Data Sheets: Changes and Challenges

Agenda Summary: Examine current requirements and procedures for the creation and maintenance of MSDSs; evaluate the impact of new initiatives on current policy and practice; understand the roles of other organizations, such as ANSI, industry associations, and labor unions in the development of MSDS policy; and assess how the potential changes may affect your company’s hazard communication program. The featured speakers were Manuel Gomez, director of recommendations for the U.S. Chemical Safety and Hazard Investigation Board; Lawrence Halprin, a partner with Keller and Heckman LLP; Glenn Trout, president of MSDSonline; and Michael Wright, department head, health, safety and environment for the United Steelworkers.

Feb. 04, 2009
The Challenges of Climate Change: Legal Perspectives

Agenda Summary: Identify how current statutory authorities may be used, changed, or created to require industry reductions in greenhouse gas emissions, including the implementation of proposals under EPA’s ANPR, creation of cap-and-trade schemes, development of carbon sequestration programs, greenhouse gas inventory reporting, and renewable fuel mandates; understand how litigation is being used to influence regulatory and policy initiatives, and what stakeholders may anticipate from future litigation; gain insight on the interrelationship between federal, state, and local governments and the role of California and regional initiatives in climate change policymaking; and learn about the legal issues that must be addressed in implementing a new national framework to address climate change and their potential impacts on businesses under various scenarios. The featured speakers were Richard Faulk, partner and chair of the Litigation Department at Gardere Wynne Sewell LLP in Houston; Jennifer Hernandez, partner with Holland+Knight LLP in San Francisco; and Roger Martella, partner with Sidley Austin LLP in Washington.

Jan. 28, 2009
Global Perspectives on the Challenges of Climate Change

Agenda Summary: Review the current state of legislative, regulatory, and voluntary climate change initiatives in the United States, including regional emissions trading programs and EPA’s ANPR on regulating greenhouse gas emissions, and anticipate potential legislative and policy developments under the new administration; understand the status of international efforts to reduce greenhouse gas emissions, such as the Kyoto Protocol and current efforts to draft a successor agreement, the European Union’s climate strategy, and carbon trading programs, and determine how such efforts are likely to evolve and impact policies in the United States and worldwide; and identify how climate change policies are likely to impact businesses and economies worldwide, focusing on new operational burdens as well as opportunities. The featured speakers were Steven Cook, reporter with BNA’s Bureau of Environmental News in Washington; Stephen Gardner, BNA special correspondent in Brussels; Eric J. Lyman, BNA special correspondent in Rome; and Dean Scott, reporter with BNA’s Bureau of Environmental News in Washington.

Dec. 10, 2008
Fair Value Accounting and Environmental Liability: What You Need to Know Now
(event not recorded)

Agenda Summary: Review those categories of environmental obligations that currently require application of fair value measurement or will require it for the next fiscal year; understand what the application of fair value measurement means for those categories of environmental liabilities, including the role of decision tree analysis; discuss categories of environmental liabilities that do not require fair value measurement as well as the timing and likelihood that FASB will require consistent treatment; assess whether internal systems to track and estimate environmental liabilities are designed with these new requirements in mind; examine the current debate over increased disclosure of FAS 5 contingent liabilities and where FASB may be heading on this issue; and understand the SEC’s position on migration to IFRS and what that means for companies historically reporting under GAAP. The featured speakers were George Hansen, managing director of The Claro Group LLC; Laura Leonard, partner with Sidley Austin LLP; and Greg Rogers, president of Advanced Environmental Dimensions LLC and counsel with Guida Slavich & Flores PC.

Nov. 19, 2008
Brownfields Cleanup and Redevelopment: The Next Generation

Agenda Summary: Examine the legal and financial impediments to the successful cleanup and redevelopment of brownfield sites; learn about innovative local and state approaches to cleanup and redevelopment, including financial and tax incentives, and how best to leverage funding from various sources for brownfield deals; understand how state and federal programs have addressed redevelopment challenges and how they can or should be enhanced to ensure future success; identify new issues on the horizon, including impending climate change, renewable energy, and green building initiatives that are likely to impact how sites are reused; assess the impact of the financial crises and market conditions on transactions and the redevelopment of brownfield sites; and gain insight on the brownfield issues ripe for federal legislative action under a new administration. The featured speakers were Charlie Bartsch, vice president and senior fellow at ICF International, and Michael Goldstein, shareholder with Akerman Senterfitt.

Sep. 25, 2008
State Chemical Policies: Reality and Reform

Agenda Summary: Learn more about what state chemical policies and programs mean for organizations and products in an ever-changing marketplace; gather information on the options available for states to advance more sustainable chemicals policies; understand the elements and implications of domestic and international chemical policy reform initiatives; and determine how governments, corporations, and policymakers are planning to move forward with policy reforms. The featured speakers were Richard Denison, senior scientist with Environmental Defense Fund; Al Iannuzzi, senior director of worldwide environment, health, and safety for Johnson & Johnson; David Littell, commissioner of the Maine Department of Environmental Protection; and Joel Tickner, project director at the Lowell Center for Sustainable Production.

Sep. 09, 2008
The New Frontier: Managing Environmental Issues in the Global Supply Chain
(event not recorded)

Agenda Summary: Understand the factors that are driving the increased attention to environmental aspects of global supply chain management, the legal and commercial consequences of this trend, and practical implications and solutions for managing the environmental challenges of global supply chain management. The featured speakers were Roger Martella, partner with Sidley Austin LLP (and former general counsel, U.S. Environmental Protection Agency); Michael Kirschner, president of Design Chain Associates LLC; and Laurent Ruessmann, partner with Sidley Austin LLP (in Brussels).

Jul. 15, 2008
OSHA Emphasis Programs: Implications for Workers and Regulated Employers

Agenda Summary: Understand employer responsibilities under the emphasis programs, evaluate options to mitigate liabilities during an inspection, gain insight on the agency’s rationale for the programs, learn about ways to prevent hazards before they occur, examine the process necessary to prepare for an inspection, and assess future directions for OSHA emphasis programs. The featured speakers were John Bresland, chairman of the U.S. Chemical Safety and Hazard Investigation Board; Richard Fairfax, director of enforcement at the Occupational Safety and Health Administration; Michael T. Taylor, associate with Arent Fox LLP; and Michael Wright, department head for health, safety, and environment for the United Steelworkers.

May 14, 2008
Water and Climate Change: A Developing Policy Nexus

Agenda Summary: Learn how climate change is expected to impact the water sector; identify the potential impacts of climate change on water law and regulation; assess sustainable development and conservation programs as effective water management tools; understand the interplay of federal, state, and local jurisdictions in managing water resources and infrastructure; gain insight on the role of watershed management as a policy tool; and examine the relationship of new initiatives, such carbon sequestration, with water resource protection. The featured speakers were Paul Fleming, manager of climate change initiatives at Seattle Public Utilities; G. Tracy Mehan III, principal with The Cadmus Group Inc. and former EPA assistant administrator for water; Kathy Robb, partner with Hunton & Williams LLP; and Vail Thorne, senior environmental, health & safety counsel with The Coca-Cola Company. [Listen to excerpt of discussions]

Apr. 09, 2008
Superfund Summit: Reflections on Cleanup and Redevelopment

Agenda Summary:  Evaluate the implications of the U.S. Supreme Court's decision in Atlantic Research and lower court interpretations of that decision; gain insight on issues that continue to impact the cleanup, redevelopment, and reuse of superfund and brownfield sites, including liability exemptions, all appropriate inquiries, and continuing obligations, as well as unique challenges related to mega-sites and federal facilities; learn about EPA policies and administrative tools intended to encourage the cleanup and redevelopment of contaminated sites, including the agency’s Good Samaritan Initiative; examine state voluntary cleanup programs and innovative approaches to encouraging redevelopment, including financial and tax incentives on both the state and federal levels; understand the challenges inherent to risk-based cleanups under state and federal programs, including issues related to institutional controls, vapor intrusion, and long-term stewardship, as well as the opportunities for sustainable remediation and redevelopment at these sites; and assess the impact of market conditions on transactions and the redevelopment of contaminated sites. The featured speakers were Charlie Bartsch, vice president and senior fellow at ICF International; Karl Bourdeau, principal with Beveridge & Diamond PC; and Larry Schnapf, special counsel with Schulte Roth & Zabel LLP.

Jan. 22, 2008
Climate Change and the Clean Air Act: Regulation and Litigation
(event not recorded)

Agenda Summary: Understand the current status of Environmental Protection Agency Clean Air Act initiatives related to climate change, review how the Massachusetts v. EPA decision has spurred litigation and permit challenges, and discuss practical implications of policy or regulatory changes and litigation developments on business. The featured speakers were David Buente, partner with Sidley Austin LLP; David Doniger, policy director of the Natural Resources Defense Council's Climate Center; Roger Martella, General Counsel for the U.S. Environmental Protection Agency; and Richard Penna, member of Van Ness Feldman.

Dec. 13, 2007
A Sustainability Primer: Moving Beyond Environmental Compliance

Agenda Summary: Learn how sustainability is defined and viewed by different stakeholders in the marketplace; gain insight about what is driving environmental sustainability trends and the strategies corporations, nongovernmental organizations, and government bodies are developing to address the issues; examine how the “triple bottom lines” of sustainability— environmental, economic, and social—are being considered as stakeholders implement sustainable policies and practices; identify voluntary standards being developed by NGOs that can provide guidance to stakeholders interested in sustainable redevelopment and other “green” policies; understand the interplay between local, state, and federal governments and professionals and who should be taking the lead in policy implementation; and identify how sustainability trends are creating new opportunities for economic growth and transforming industries in the marketplace, and determine whether these trends are likely to be short lived or if they have staying power. The featured speakers were Geoffrey Anderson, director of the U.S. Environmental Protection Agency’s Development, Community, and Environment Division; Paul Connor, executive director of the National Association of Local Government Environmental Professionals; Linda Fisher, vice president of safety, health & Environmental and chief sustainability officer for DuPont; and Douglas MacCourt, partner and co-chair of the Sustainable Practice Advisory Group at Ater Wynne LLP.

Sep. 19, 2007
The Climate Change Implications of Carbon Capture and Storage

Agenda Summary: Review the existing statutory, regulatory, and legal framework for addressing the capture, transport, storage, and overall management of carbon dioxide in the United States; understand the cost structures and impediments to implementation of an effective and workable CCS policy; examine the policies and practices of key players in the development and use of CCS technology today; learn what states and other countries are doing to encourage CCS and how their actions may impact the development of national policy; and determine how the emerging carbon industry may affect your company’s operations, services, and products. The featured speakers were Judi Greenwald, director of innovative solutions for the Pew Center on Global Climate Change; Michael Hirl, director of business development for Kinder Morgan CO2 LLP; and David Meezan, partner with Alston & Bird LLP.

Jul. 31, 2007
The Effect of OSHRC’s Summit Decision on OSHA’s Multiemployer Worksite Policy

Agenda Summary: Understand the substantive issues of worker safety law that were at stake in Summit, the effect of Summit on OSHA's multiemployer worksite policy and on worker safety, the precedent Summit sets for future cases, how the decision will affect day-to-day decisionmaking on construction sites, the status of controlling employer cases pending before OSHRC, the effect of the secretary of Labor's appeal to the Eighth Circuit, OSHA's enforcement policy in the aftermath of Summit, and the effect of Summit beyond construction (i.e. ramifications for general industry). The featured speakers were Victoria L. Bor, partner with Sherman, Dunn, Cohen, Leifer & Yellig PC; Ann Rosenthal, Deputy Associate Solicitor for Occupational Safety and Health at the U.S. Department of Labor; and Michael T. Taylor, associate with Arent Fox LLP.

Jun. 27, 2007
Supreme Court Case Roundup: Insights and Perspectives on the Environment

Agenda Summary: Understand the substantive issues of environmental law that were at stake in the cases heard by the Supreme Court in its 2006-2007 term, including the positions taken by the federal government in those cases; learn how the high court rulings are impacting policymaking in the executive and legislative branches of government; gain insight on what you need to know about the practical effects of these decisions and how the outcomes are impacting various environmental practice areas; become informed about what factors might be driving the recent trend to hear environmental cases and what questions of environmental law might be ripe for high court review in the 2007-2008 term; and analyze the current makeup of the court and whether a shift in the current group of nine justices would significantly impact petitions for certiorari in environmental cases or the outcome of cases accepted for review. The featured speakers were John Cruden, Deputy Assistant Attorney General for the U.S. Department of Justice’s Environment and Natural Resources Division; Richard O. Faulk, partner with Gardere Wynne Sewell LLP and chair of the firm’s Litigation Department; and James R. May, professor at Widener University Law School.

Jun. 21, 2007
The World of Water Law: What was Old is New Again

Agenda Summary: Review the Environmental Protection Agency's historical position on water quality policy; examine how recent court decisions affect longstanding water policy practices; gain insight into the trends represented in recent water case law; and understand how EPA, Congress, and the states are reacting to the court decisions and how the regulated community ultimately may be affected. The featured speakers were Alexandra Dunn, General Counsel of the National Association of Clean Water Agencies; Karen Hansen, principal with Beveridge & Diamond PC; and G. Tracy Mehan, principal with The Cadmus Group Inc. and former EPA assistant administrator for water.

May 21, 2007
Climate Change Policy in the Post-Massachusetts v. EPA Era
(event not recorded)

Agenda Summary: Understand the U.S. Supreme Court’s decision and how it relates to programmatic decisions to be made by EPA; review how the decision and other considerations may affect climate change policy in the United States more generally, and the interaction of that policy with the existing patchwork quilt of state and regional policies; and identify practical implications of potential U.S. policy changes on business including, for example, the use of trading programs, control technology solutions, and alternative energy solutions. The featured speakers were James Connaughton, Chairman of the White House Council on Environmental Quality; Sam Gutter (moderator), partner with Sidley Austin LLP; Steven Meyers, Air Program Lead Counsel for General Electric Corporate Environmental Programs; and Richard Stewart, professor of Law at the New York University School of Law.

Feb. 27, 2007
Panacea or Placebo: Using Public Nuisance Principles to Redress Environmental Harms

Agenda Summary: Learn about the history of public nuisance claims and how they have been transformed by today's advocates to encompass major environmental claims; understand the elements of public nuisance claims, the proof necessary to substantiate them, and the arguments and defenses that may preclude recovery; examine the use of global warming and climate change issues as a basis for such claims, and potential implications for related litigation, including challenges to administrative permit applications; gain insight about other factual scenarios that may justify public nuisance claims, including those related to environmental pollution by a wide range of contaminants; evaluate the role of private counsel acting on behalf of public authorities and the ethical issues associated with prosecuting such claims on behalf of the public interest; attain the information necessary to determine the type of legal remedy available in particular scenarios; and consider the applicability of Daubert challenges and objections to unreliable scientific opinions to claims that assert "increased risk" rather than actual physical injuries and tangible property damages. The featured speakers were Ken Alex, Deputy Attorney General for the State of California; Richard Faulk, partner with Gardere Wynne Sewell LLP; Donald Gifford, Professor of Law at the University of Maryland School of Law; and Stephen Susman, partner with Susman Godfrey LLP.

Jan. 23, 2007
BNA's 2007 Environmental Briefing Session: Reflections and Possibilities

Agenda Summary: Hear about the major environmental cases being litigated, including U.S. Supreme Court cases decided or pending that will impact air quality and new source review, the regulation of wetlands, and superfund cost recovery and contribution rights; learn about litigation trends and hot legal issues that are likely to impact policy; understand how the shift in the 110^th Congress will affect environmental policymaking and legislative priorities; get up to speed on regulatory and administrative agency actions and the development of guidance documents that will affect environmental law and policy in 2007; and gain insight from some of the country's top experts on strategies that lawyers and policymakers must consider to successfully navigate the environmental law and policy areas that are in flux. The featured speakers were Virginia Albrecht, partner with Hunton & Williams; John Cruden, Deputy Assistant Attorney General for the U.S. Department of Justice's Environment and Natural Resources Division; David Friedland, chairman of the Air Section of Beveridge & Diamond's Environmental Practice Group; and Michael Steinberg, senior counsel with Morgan Lewis.

Dec. 18, 2006
State Toxics Control Programs: Reaching Beyond TSCA

Agenda Summary: Become informed about the specific requirements of various state toxics control programs and how they can affect the operations and products of domestic manufacturers; gather information on current ideas to reform TSCA and address the impact of federal preemption on the formulation of state toxics control programs; learn what efforts are underway in the United States to respond to the European Union�s proposed legislation known as Registration, Evaluation, and Authorization of Chemicals (REACH), ratify three international treaties controlling persistent organic pollutants (POPs) and other hazardous chemicals, and address United Nations recommendations to implement a globally harmonized system (GHS) for labeling pesticides; understand the issues associated with the adoption of �green chemistry,� which encourages environmental sustainability through the design and use of less toxic chemicals; and determine how your company or organization can prepare for and respond to the challenges and opportunities of innovative chemical policies. The featured speakers were Daryl Ditz, Senior Policy Adviser at the Center for International Environmental Law; Ernie Rosenberg, President and CEO of the Soap and Detergent Association; and Michael Wilson, Research Scientist at the UC Berkeley Center for Occupational and Environmental Health.

Nov. 07, 2006
Jury Consultants for Environmental Cases: Fad or Fundamental?
(event not recorded)

Agenda Summary: Learn about the role of jury consultants, including how and when to use them and what they can add to presentation of a case; understand the difference between mock juries and focus groups; gain perspective on the explanation of scientific concepts to a jury; obtain practical guidance on how to pick a jury, avoid the "toxic juror," and conduct useful voir dire; understand how to deal with the sympathetic plaintiff in environmental tort cases or the government plaintiff in criminal cases; and benefit from the lessons learned about presenting effective themes that shape the case for a jury, including corporate citizenship, industry standards, and historic behavior versus modern compliance requirements. The featured speakers were Angela Abel, senior vice president of DecisionQuest; Chuck Graf, chief litigation counsel for the Specialty Materials business of Honeywell International Inc.; and Mark Hopson, partner with Sidley Austin LLP.

Sep. 27, 2006
Carbon Trading: Is It Something You Should Bank On?

Agenda Summary: Become informed about the specific requirements of international and domestic climate change policies and how they can affect the business of U.S. and multinational companies; understand the nuances between the various greenhouse gas reduction programs in the United States, European Union, and countries around the world as well as the issues that are generating the most controversy; learn what other companies are doing to implement climate change policies to reduce carbon emissions; gather information about existing U.S. voluntary guidelines for reporting GHG emission reductions and ongoing efforts by organizations such as the Chicago Climate Exchange to promote carbon trading; determine whether participation in an emissions trading program is right for your company, how carbon emission trades happen, and whether you should bank or sell emission allowances; and strategize about how your company can prepare now for possible federal regulation of carbon emissions. The featured speakers were Claude Brown, partner with Clifford Chance LLP; Paula DiPerna, executive vice president of the Chicago Climate Exchange; Mark Proegler, director of emissions markets for BP; and Michael Walsh, CCX senior vice president.

Aug. 01, 2006
Navigating Wetlands Regulations: Considerations for the Practitioner

Agenda Summary: Understand the definition of "wetland," "waters of the United States," and the scope of federal regulatory jurisdiction under the Clean Water Act; become informed about current wetlands permitting, restoration, and mitigation requirements; learn about the implications that wetlands regulation has on private property rights, including the development and valuation of property containing wetlands; gain insight about the interplay between federal and state/local regulation of wetlands; evaluate the extent to which the U.S. Supreme Court ruling in Rapanos v. United States will impact wetlands regulation and private property development; and consider whether congressional action or agency rulemaking is likely to occur in the wake of the Supreme Court decision. The featured speakers were Larry Liebesman, partner with Holland + Knight LLP; Tim Searchinger, an attorney with Environmental Defense; and Peggy Strand, partner with Venable LLP.

Jun. 29, 2006
Product Stewardship in the Age of RoHS, WEEE, and Domestic Recycling Initiatives

Agenda Summary: Become informed about the specific requirements of RoHS and WEEE and how they can affect the operations and products of U.S. and foreign manufacturers; learn what due diligence companies should practice or good faith efforts they should undertake to meet RoHS and WEEE requirements as well as domestic policy initiatives; gather information about new and ongoing U.S. recycling policies and programs and important nuances between recycling and product control programs adopted by various countries; understand the issues that are generating the most controversy over implementation of recycling and product stewardship programs in the United States and abroad; determine whether a product stewardship program is applicable to your company and its product line and how it can be implemented; and strategize about ways to incorporate stewardship policies into the lifecycle management of your products. The featured speakers were Scott Cassel, Executive Director of the Product Stewardship Institute; Rick Goss, Director of Environmental Affairs for the Electronic Industries Alliance; and Paul Hagen, Director with Beveridge & Diamond PC.

Mar. 21, 2006
Cooper v. Aviall: Where We Are Today

Agenda Summary: Become informed about the status of the litigation in Cooper Industries and its impact on contribution and cost recovery under CERCLA; determine whether cleanup will satisfy the legal elements for contribution under CERCLA Section 113 or cost recovery under Section 107 in light of the various federal court rulings since the Cooper Industries decision; understand how the decision has affected state voluntary cleanup programs, brownfields redevelopment, and the use of state settlement agreements; learn what EPA is doing to ensure cleanup and cost recovery efforts in response to the Cooper Industries decision; strategize about ways to recover cleanup costs under state laws, common law, and other federal environmental statutes; and gather information about questions that remain unanswered related to the recovery of cleanup costs and negotiation strategies that private parties should use to protect their rights to recover cleanup costs. The featured speakers were Richard Faulk, partner with Gardere Wynne Sewell LLP and counsel for Aviall Services before the U.S. Supreme Court; Karin Leff, Deputy Director of the Regional Support Division in the Office of Site Remediation of the Environmental Protection Agency's Office of Enforcement and Compliance Assurance; and Larry Schnapf, attorney with Schulte Roth & Zabel LLP.

Feb. 21, 2006
All Appropriate Inquiries and Beyond: Key Issues and Post-Purchase Considerations

Agenda Summary: Understand how EPA's final regulations and ASTM International's revised standard E1527-05 differ from current industry practices for conducting environmental due diligence; gain insight about the burdens and benefits of using the final AAI rule, the likely impact of the rule on lenders, and the applicability of AAI to stock/asset purchase transactions; consider whether AAI is the appropriate way to conduct due diligence for your real estate transaction and whether it is broad enough to address all relevant environmental concerns related to the property; evaluate the extent to which the new rule may affect the relationships among-and liability exposures of-users, counsel, and environmental consultants in the due diligence process; determine what liability protections you are afforded by complying with AAI and the limitations of such protections; discover what post-purchase considerations must be addressed to maintain CERCLA liability protection; and learn about ASTM's task force that currently is working to draft a standard on "continuing obligations." The featured speakers were Jeff Civins, partner with Haynes and Boone LLP; David Freeman, partner with Paul, Hastings, Janofsky & Walker LLP; and Julie Kilgore, principal with Wasatch Environmental and member of EPA's Negotiated Rulemaking Committee for All Appropriate Inquiry.

Jan. 12, 2006
Emerging Accounting and SEC Environmental Issues: FIN 47 and Sarbanes-Oxley
(event not recorded)

Agenda Summary: Learn how Financial Interpretation 47 impacts how companies recognize and account for "contingent environmental retirement obligations" associated with owned assets; understand FIN 47's requirements for reasonable estimation of the present fair value of a liability; obtain practical guidance on managing your company's obligations under FIN 47; and benefit from the lessons companies have learned from three years of experience in addressing the environmental implications of the Sarbanes-Oxley Act of 2002, including considerations for environmental managers and in-house environmental lawyers when communicating with auditors, implications of auditor independence for the provision of environmental services by audit firms, appropriate disclosure controls and procedures for environmental liabilities, and the importance of compliance with Securities and Exchange Commission environmental requirements that were in effect before Sarbanes-Oxley. The featured speakers were Holly Clack, Director in PricewaterhouseCooper's Dispute Analysis and Investigations Group; Laura Leonard, partner at Sidley Austin LLP; and David Mueller, Senior Managing Attorney with CNH America LLC.

Nov. 17, 2005
The EHS Implications of Nanotechnology: What They Are and What You Need to Know

Agenda Summary: Understand who the key players are in the development and oversight of nanotechnology and what they currently are doing; learn about federal and international initiatives to encourage, guide, and/or regulate the use of nanotechnology; find out what types of nanoengineered products and services are being considered for use in the EHS marketplace; hear about the potential risks to the environment and worker safety and health from such newly developed processes and products; and receive insight on the practical issues that must be considered by a company using a nanoengineered product or service in its daily operations. The featured speakers were Lynn L. Bergeson, Managing Director of Bergeson & Campbell, P.C.; Karen Florini, Senior Attorney with Environmental Defense; and Andrew D. Maynard, Ph.D., Chief Science Advisor for the Project on Emerging Nanotechnologies at the Woodrow Wilson International Center for Scholars.

Sep. 27, 2005
Eminent Domain and Brownfields: Implications of Kelo v. City of New London

Agenda Summary: Understand the U.S. Supreme Court's ruling in Kelo v. City of New London and what qualifies as a legitimate taking for public use in the wake of the decision; find out about the practical implications of Kelo on the use and potential abuse of using eminent domain for brownfields redevelopment projects; discover how eminent domain can be integrated into brownfields redevelopment plans; hear from legal experts about the pros and cons of using eminent domain as a brownfields redevelopment tool; receive insight on what practical issues must be considered if eminent domain is essential to the successful completion of a redevelopment project; and learn about state legislative initiatives in response to Kelo that may impact local government authority to use eminent domain for redevelopment projects, including proposed model language for amending state statutes and constitutions. The featured speakers were Richard Opper, Partner with Opper & Varco LLP; Mary Massaron Ross, Partner with Plunkett & Cooney; and Barry Trilling, Partner with Wiggin & Dana LLP.

Jun. 15, 2005
Environmental Enforcement: Insider Perspectives

Agenda Summary: Understand the guiding principles and roles of the Department of Justice and Environmental Protection Agency in the detection and prosecution of environmental crimes; discover how civil and criminal penalty policies are developed and applied; find out what types of violations get the most attention; receive practical tips for avoiding environmental enforcement actions; understand the role of environmental management systems in demonstrating compliance and environmental stewardship; and learn about trends in the enforcement of air, chemical, waste, and water regulations. The featured speakers were Doug Arnold, a partner in the Atlanta law offices of Alston & Bird LLP; Bruce Pasfield, Assistant Section Chief in the Environmental Crimes Section of the U.S. Department of Justice's Environment and Natural Resources Division; and Dennis Treacy, Vice President of Environmental, Community and Government Affairs for Smithfield Foods Inc.

May 12, 2005
Clean Air Act Title V Permits: Regulatory Developments, Compliance, and Enforcement
(event not recorded)

Agenda Summary: Learn about the provisions of Title V that directly affect in-house counsel and EHS personnel, receive an update on the implications of recent permit appeals and litigation, obtain practical guidance on managing a company's obligations under Title V, gain perspective on possible Title V enforcement implications, receive an update on the Clean Air Act Advisory Committee Task Force review of the Title V program, understand how a recent report by the Environmental Protection Agency's Office of Inspector General urging improvements in the agency's operating permits program and state oversight will impact corporations, and learn about new regulatory developments EPA is planning for the Title V program. The featured speakers were Michael Ling, Senior Policy Advisor with EPA's Information Transfer and Program Integration Division; Matthew Tanzer, Chief Counsel for Environment, Health & Safety at Tyco International; and Byron Taylor, a partner in the Chicago law offices of Sidley Austin Brown & Wood LLP.

Mar. 02, 2005
Cooper v. Aviall : Implications for Owners and Purchasers of Contaminated Property

Agenda Summary: Understand the implications of the decision on state voluntary cleanup programs and brownfields redevelopment; determine whether your cleanup will satisfy the legal elements for contribution under CERCLA Section 113 or if you have a valid Section 107 claim; discover new cleanup approaches to ensure recovery of cleanup costs; identify alternative strategies to recover cleanup costs under state laws, common law, and other federal environmental statutes; gather information about potential legislative and administrative fixes that could impact the application of the high court's ruling; learn about the effect the ruling will have on EPA's enforcement policies and steps the agency should take to ensure continued voluntary cleanup efforts. The featured speakers were Richard Faulk, Environmental Practice Group Leader with Gardere Wynne Sewell LLP; Marianne Horinko, Executive Director, Global Environment and Technology Foundation; and Larry Schnapf, an attorney with Schulte, Roth & Zabel.

Nov. 10, 2004
Environmental Audits: Where We Are Today

Agenda Summary: Learn more about EPA's environmental audit policy and its possible ramifications on company operations; problem areas that give rise to the need for an environmental audit; differences between federal policies and state immunity statutes and self-disclosure policies; setting goals and objectives for an environmental audit; resources needed to conduct an effective environmental audit; and new factors, such as ISO 14000 and Sarbanes-Oxley, that can affect audits. The featured speakers were Bertram Frey, Acting Regional Counsel for EPA Region V, and Stanley Abramson, a partner in the Washington, D.C., law offices of Arent Fox.