EPA Financial Assurance Compliance
Legal Strategies to Anticipate and Meet Financial Requirements for Environmental Obligations
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, May 19, 2009
Recorded event now available
This seminar will examine the key statutes on financial assurance with regard to environmental obligations, recent enforcement activity by the EPA and other agencies, and court rulings. The panel will outline strategies for businesses required to comply with financial assurance requirements.
Description
The U.S. Environmental Protection Agency (EPA) has identified enforcement of financial assurance compliance as a national priority. Due to the economic downturn, the EPA is increasing its focus on verifying the ability of companies to meet their future environmental obligations.
The requirements, such as setting up environmental trust funds and obtaining letters of credit or insurance coverage, ensure that adequate funds will be available to undertake cleanup of contaminated sites when needed.
While complying with these requirements is costly, failing to comply can result in significant penalties. Companies and their counsel must fully understand the requirements to implement the necessary policies and procedures for financial assurance.
Listen as our authoritative panel of environmental attorneys reviews the legal framework for the financial assurance requirements. The panel will discuss compliance concerns, review recent developments in enforcement activity and court rulings, and offer best practices for complying with the requirements.
Outline
- Legal framework
- Significant statutes
- Financial assurance mechanisms/instruments
- Liability requirements
- Common compliance concerns
- Inability to obtain assurance
- Reliability of cost estimates
- Recent developments
- Impact of economic crisis
- Increased enforcement activity
- Court treatment
- Best practices for meeting environmental obligations (or complying with the requirements)
Benefits
The panel will review these and other key questions:
- How do the significant statutes differ in what they require for companies to meet their environmental financial obligations?
- What mechanisms have been effective in meeting the financial assurance requirements?
- What are the common problems that arise with companies seeking to comply with financial assurance — and what are the best practices for dealing with these issues?
- What are the key policies and procedures that companies and counsel can implement to ensure compliance with the financial assurance requirements?
Faculty
Granta Y. Nakayama, Partner
Kirkland & Ellis, Washington, D.C.
He served at the U.S. Environmental Protection Agency as the Assistant Administrator for the Office of Enforcement and Compliance Assurance from 2005-2009. Since joining Kirkland & Ellis, his work includes the defense of enforcement actions, other litigation involving regulations and rate proceedings, and the representation of clients in agency rule makings and Congressional matters.
Christopher M. Roe, Partner
Fox Rothschild, Exton, Pa.
He advises clients in the acquisition and disposition of businesses and assets and the redevelopment of brownfield sites, represents clients in enforcement matters and environment and exposure-related matters. He also assists clients in evaluating and communicating about environmental risks.
Christian C. Semonsen, Partner
Kirkland & Ellis, Washington, D.C.
He practices in the area of environmental law, primarily in the context of corporate mergers, acquisitions, and divestitures. He represents clients on a full range of environmental regulatory compliance and remediation matters, enforcement actions, administrative proceedings and civil litigation.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
CLE:
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Online CLE Audio $149.00
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Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
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Available ten business days after the live event
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Customer Reviews
The content was very helpful and the presenters clearly knew the subject matter inside and out.
Nicole Squires
Chapman and Cutler
The quality of Strafford's speakers is consistently very good.
AnnMarie Sanford
Pepper Hamilton
I liked the practical nature of the materials and use of examples and case summaries.
Allison Edgar
Parker Poe Adams & Bernstein
The presentations were excellent and timely, and I thought the Q&A was very good.
J. Thomas Carrato
Monsanto Company
The case study approach was extremely helpful and interesting on this timely topic.
Van Hilderbrand
Sullivan & Worcester
Environmental Law Advisory Board
Partner
Allen Matkins
Partner
Loeb & Loeb
Of Counsel
Stoel Rives
Partner
Shipman & Goodwin
Partner
Akin Gump Strauss Hauer & Feld
Partner
Arnold & Porter
Partner
Gibson Dunn & Crutcher
Partner
Dinsmore & Shohl
Partner
Crowell & Moring
Special Counsel
Stroock & Stroock & Lavan
Partner
Greenberg Traurig
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