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

  1. Legal framework
    1. Significant statutes
    2. Financial assurance mechanisms/instruments
    3. Liability requirements
  2. Common compliance concerns
    1. Inability to obtain assurance
    2. Reliability of cost estimates
  3. Recent developments
    1. Impact of economic crisis
    2. Increased enforcement activity
    3. Court treatment
  4. 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: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


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.)

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

How does this work?

CD $49.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

More Details >

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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

or call 1-800-926-7926

Environmental Law Advisory Board

John J. Allen

Partner

Allen Matkins

Albert M. Cohen

Partner

Loeb & Loeb

Aaron Courtney

Of Counsel

Stoel Rives

Andrew N. Davis

Partner

Shipman & Goodwin

Paul E. Gutermann

Partner

Akin Gump Strauss Hauer & Feld

Brian D. Israel

Partner

Arnold & Porter

Thomas J. P. McHenry

Partner

Gibson Dunn & Crutcher

Reed D. Rubinstein

Partner

Dinsmore & Shohl

Jeffrey A. Smith

Partner

Crowell & Moring

E. Gail Suchman

Special Counsel

Stroock & Stroock & Lavan

Gregory D. Trimarche

Partner

Greenberg Traurig

or call 1-800-926-7926

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