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Evolving Standards for Daubert Challenges in Environmental Litigation
Pesticides, Herbicides, Airborne Toxins, Climate Change, and Fracking
January 10, 2019 CLE Live Webinar

This CLE webinar will examine the evolving standards for Daubert challenges in toxic tort and environmental litigation. The panel will summarize developments related to expert-witness testimony in the most highly-contentious environmental disputes, and provide insight into successful strategies--bas... Read More

Leveraging Performance Evaluations as Evidence in Employment Litigation: Strategies for Em...
January 15, 2019 CLE Live Webinar

This CLE webinar will discuss the role of performance reviews in employment claims. Our panel will discuss how these documents can be a double-edged sword in litigation and best practices for employers when performing and documenting such evaluations. Read More

Update on Liability Under CERCLA: Emerging Principles and Trends in PRP Liability
January 23, 2019 CLE Live Webinar

This CLE webinar will provide environmental counsel with a review of recent court rulings on the liability of potentially responsible parties under CERCLA, including cases on divisibility, arranger, owner and operator liability, and related issues. Read More

PRP Contribution Claims Under CERCLA: Strategies for Cost Recovery Against Potentially Res...
December 13, 2018 CLE CLE On-Demand, Download

This CLE webinar will guide counsel advising parties involved in contaminated site cleanups on protecting the contribution interests of potentially responsible parties (PRPs) in seeking cost recovery against other PRPs. Read More

Negotiating Consent Decrees for Environmental Violations
Mission-Critical Strategies for Negotiating, Modifying and Managing Compliance
December 4, 2018 CLE CLE On-Demand, Download

This CLE webinar will guide lawyers negotiating consent decrees for violations of environmental regulations. Our panel will offer violation-specific best practices, and present fellow practitioners with mission-critical pointers on navigating the long and arduous process of negotiating and entering... Read More

"Waters of the U.S." Rule After South Carolina Coastal Conservation League v. Pruitt
State-by-State Guidance on Federal Jurisdiction Under the Clean Water Act
November 27, 2018 CLE CLE On-Demand, Download

This CLE webinar will discuss the Waters of the United States (WOTUS) Rule's patchwork implementation and its aim to expand federal jurisdiction under the Clean Water Act. The panel will provide a review of the latest case developments and offer guidance for practitioners on how to best navigate com... Read More

New EPA Rule on Solid and Hazardous Waste: Updated Compliance With 83 Fed. Reg. 24664
Navigating the New Regulatory Framework for the Treatment, Storage, and Disposal of Solid...
November 20, 2018 CLE CLE On-Demand, Download

This CLE webinar will discuss the implications of the EPA's revised definition of "solid waste" and the new regulatory framework for recycling hazardous secondary materials under the Resource Conservation and Recovery Act (RCRA). The panel will walk environmental lawyers through the changes containe... Read More

Marshalling the Divisibility Defense to CERCLA Liability: Apportionment – Is the Harm Dist...
Defining Harm to Establish a Divisibility Defense to Liability and Apportion Costs
November 13, 2018 CLE CLE On-Demand, Download

This CLE webinar will discuss how recent court decisions have addressed divisibility in CERCLA litigation. The panel will guide environmental counsel on when and how the divisibility of harm defense is appropriate and tactics to overcome challenges in proving divisibility. Read More

Defeating CERCLA Liability Under the BUILD Act: New Defense Strategies for Tenants
Asserting BFPP Defense After Brownfields Utilization, Investment, and Local Development Ac...
November 6, 2018 CLE CLE On-Demand, Download

This CLE webinar will provide counsel for tenants, or prospective tenants, of previously contaminated industrial or manufacturing sites with information and critical guidance on defending liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) u... Read More

Anticipating Post-Closing Environmental Issues in Real Estate Deals
Post-Closing Environmental Issues in Real Estate Deals
October 30, 2018 CLE CLE On-Demand, Download

This CLE webinar will guide counsel for buyers, sellers and lenders in real estate transactions on structuring provisions that address post-closing environmental issues to ensure coverage for environmental liabilities. The panel will examine key provisions and lessons from recent court treatment of... Read More

Conservation Easements: Defending IRS Challenges, Overcoming Audits, Structuring Deed Lang...
Guidance for Donors and Beneficiary Land Trusts
September 13, 2018 CLE CLE On-Demand, Download

This CLE webinar will address how to defend IRS attacks on conservation easement deductions. The panel will discuss the most common methods of attack, the impact on the transaction's viability, and guidance on staving off challenges and preserving both the deal and the tax benefits for potential don... Read More

Defending Against Citizen Suits Under Environmental Laws
Navigating Notice, Standing, Jurisdiction, Settlements and More Under RCRA, CERCLA, CWA an...
August 21, 2018 CLE CLE On-Demand, Download

This CLE webinar will provide guidance on procedural and strategic challenges for counsel defending environmental citizen suits under federal law. The panel will examine recent developments that impact citizen suits and provide best practices to manage your clients' risks when facing citizen suits. Read More

PFAS Contamination: Evolving State and Federal Regulatory Landscape, Litigation, and Due D...
August 7, 2018 CLE CLE On-Demand, Download

This CLE webinar will provide guidance on the evolving federal and state regulatory landscape related to perfluoroalkyl or polyfluoroalkyl substances (PFAS). The panel will examine ongoing litigation and the legal risks facing companies using and discharging PFAS in manufacturing as well as companie... Read More

Stormwater Discharge Permits and Clean Water Act Compliance
Updating EPA and State Stormwater Permitting Requirements, Recent Developments, and Impact...
July 25, 2018 CLE CLE On-Demand, Download

This CLE webinar will provide attorneys with an overview of stormwater regulation and permitting issues, then delve into current developments that may impact facilities that are subject to these requirements. Read More

Prop 65 Revisions: Liability Allocation, New Safe Harbor Warning, Internet Warnings
Compliance Challenges for Manufacturers, Distributors, Retailers and Others in the Chain o...
July 12, 2018 CLE CLE On-Demand, Download

This CLE webinar will guide environmental, products liability and business counsel regarding products sold to California consumers on complying with Proposition 65 and the Safer Consumer Products Act. The panel will discuss recent changes to the regulations and offer best practices for regulatory co... Read More

Expanding Scope of Clean Water Act Jurisdiction and Liability: Impact of Recent Circuit Co...
New Standard for Determining When Liability Attaches for Indirect Discharges
June 28, 2018 CLE CLE On-Demand, Download

This CLE webinar will examine the two recent U.S. Circuit Court opinions on Clean Water Act (CWA) jurisdiction and potential liability. The panel will explore the potential differences in the courts' standards and the impact on the CWA landscape. The panel will also offer insight regarding what comp... Read More

Groundwater Contamination Litigation: Proving and Defending Against Liability
Demonstrating Nexus, Causation and Injury to Recover Damages
June 5, 2018 CLE CLE On-Demand, Download

This CLE webinar will provide environmental counsel with a review of the regulatory structures for groundwater contamination, analyze lessons from recent significant cases, discuss trends for damage recovery, and outline best practices for proving and defending against liability. Read More

Climate Change Litigation: Recent Developments, Novel Theories and Emerging Trends
May 22, 2018 CLE CLE On-Demand, Download

This CLE webinar will guide counsel on recent developments in climate change litigation. The panel will discuss recent decisions and litigators' novel theories in the cases. The panel will also offer their perspectives on the defenses being presented by the defendants against climate change claims. Read More

CERCLA Actions and Statute of Limitations: Navigating the Circuit Split, Lessons From Rece...
Practical Implications for Whether Judicially Approved Settlement Requires Resolution of C...
May 9, 2018 CLE CLE On-Demand, Download

This CLE webinar will guide counsel on the application of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) statute of limitations and explain when settlements trigger the statute. The panel will examine recent decisions, analyze a federal circuit split, and offer bes... Read More

Latest CERCLA Decisions: Navigating Complexities of Arranger Liability, Divisibility, Sett...
April 17, 2018 CLE CLE On-Demand, Download

This CLE webinar will discuss the latest key federal court CERCLA decisions, provide insights into lessons from the decisions for environmental counsel and their clients going forward, and offer best practices for handling CERCLA issues. Read More

Conservation Easements: Structuring Effective Documents and Enforcing Terms and Conditions
Due Diligence and Development Rights, Challenges in Amending and Enforcing Easements
April 10, 2018 CLE CLE On-Demand, Download

This CLE webinar will examine conservation easements and the legal considerations when drafting and enforcing an easement for the preservation of land and natural resources. The panel will discuss the benefits and limitations of these easements and the challenges associated with amending and enforci... Read More

Zombie Corporations and CERCLA Liability: Identifying, Reviving and Pursuing Zombie PRPs
April 3, 2018 CLE CLE On-Demand, Download

This CLE webinar will guide counsel on identifying, reviving and pursuing defunct or "zombie" corporations and their insurance assets as a source of funding cleanup of contamination sites. The panel will discuss what to do after identifying zombie candidates, claims evaluation due diligence, litigat... Read More

Environmental Obligations in Bankruptcy: Reconciling the Conflicting Goals of Bankruptcy a...
Pre- vs. Post-Petition Claims, Enforcement Actions, Statutory Super Liens, Asset Sales, Ab...
March 27, 2018 CLE CLE On-Demand, Download

This CLE webinar will investigate the conflicts that exist between the Bankruptcy Code and state and federal environmental statutes and provide counsel with an understanding of how these issues are resolved in bankruptcy proceedings. The panel will review relevant court decisions and why some enviro... Read More

Clean Water Act Citizen Suits: Plaintiff and Defense Tactics for Litigation
Notice, Standing and Jurisdiction; Interpleading Third Parties and Settlement Under the CW...
March 13, 2018 CLE CLE On-Demand, Download

This CLE webinar will provide guidance on procedural and strategic challenges for counsel defending citizen suits under the Clean Water Act (CWA). The panel will explain recent case law developments that impact citizen suits and provide strategies to manage your clients' risks when facing citizen su... Read More

Clean Air Act Compliance and Enforcement 2018: ODS, CAA §114 Requests, NSR, SSM
February 27, 2018 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to counsel on a variety of Clean Air Act (CAA) topics and how they may change, or not, under the new Administration, including New Source Review (NSR), Startup, Shutdown and Malfunction (SSM), ozone depleting substances, enforcement, including Section 114 reque... Read More

Environmental Audits: Privilege, Voluntary Disclosure and Other Legal Issues
Ensuring Compliance With Environmental Laws, Responding When Violations Are Discovered
February 7, 2018 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to counsel on leveraging environmental audits to enhance compliance and on mitigating risks associated with audit discoveries. The panel will discuss privilege, voluntary disclosure and best practices for responding to violations. Read More

Responding to EPA Information Request Letters: Mitigating Further Agency Scrutiny
Response Options; Confidentiality Requirements; CERCLA, CWA, CAA and RCRA Compliance
January 18, 2018 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to environmental counsel on responding to EPA information request letters, understanding key considerations, and assessing the alternative responses. The panel will offer strategies to overcome common concerns and issues under environmental laws. Read More

CERCLA Settlements and PRP Intervention: Protecting PRP Interests in Contribution and Cost...
January 9, 2018 CLE CLE On-Demand, Download

This CLE webinar will provide counsel advising parties in a contaminated site cleanup with guidance on both protecting the interests of settling PRPs and, on the other hand, protecting the contribution interests of non-settling potentially responsible parties (PRPs). Read More

NRD Recovery Under CERCLA and OPA: What to Expect in 2018
December 20, 2017 CLE CLE On-Demand, Download

This CLE webinar will discuss deregulatory and budgetary initiatives by the current administration and the impact of these initiatives as applied to natural resource damage (NRD) assessment and lawsuits under CERCLA and the Oil Pollution Act (OPA). Read More

Insurance Recovery for Environmental Liability: Occurrences, Triggers, Exclusions and Cove...
December 14, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to counsel for companies seeking insurance recovery for environmental liability. The panel will offer strategies for recovery under general liability and specialized insurance policies. Read More

CERCLA Liability of U.S. Government as Owner, Operator or Arranger for Clean-Up Cost and N...
Growing Liability Trend In Light of Chevron Mining and El Paso Natural Gas
November 21, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide a brief overview of CERCLA and PRP liability and focus on U.S. government liability for cleanup costs and for natural resource damage to public lands. The program will discuss a recent case law trend of finding the federal government liable in its various roles as landl... Read More

Private Enforcement of U.S. Environmental Laws: Standing Challenges Amid Divergent Circuit...
November 15, 2017 CLE CLE On-Demand, Download

This CLE webinar will discuss changing EPA enforcement priorities under the new administration, the role of private enforcement actions in responding to those changes, and the procedural challenges for private plaintiffs to pursue private actions. The program will focus on recent appellate court dec... Read More

Environmental Litigation: Piercing the Corporate Veil, Alter Ego and Successor Liability
October 31, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide environmental litigators with an analysis of legal theories that, in unique circumstances, allow private and government litigants to name shareholders or successors in interest as responsible parties for the historical acts of a company in violation of environmental law... Read More

CERCLA Statute of Limitations, Preemption, and Allocation: Latest Developments in Superfun...
October 24, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide guidance and case studies for counsel on CERCLA statute of limitations (including removal vs. remedial measures), preemption, and allocation dynamics. The seasoned truly national panel will also offer "in the trenches" strategies related to managing timing, choice of co... Read More

Managing Environmental Risks in Mergers, Acquisitions, Spin-Offs and Reorganizations
Identifying, Quantifying and Allocating Potential Liabilities and Long-Term Environmental...
October 10, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide guidance for environmental counsel on managing the environmental risks involved in complex commercial transactions. The panel will outline approaches to identify and allocate potential, contingent and long-term environmental risks and liabilities to get the deal done. Read More

Natural Resource Damages Assessment: Valuing and Contesting NRD Injury and Damages
Methods for Determining and Quantifying Injury and Damages, Evaluating Cooperative Assessm...
October 3, 2017 CLE CLE On-Demand, Download

This CLE webinar will prepare counsel [and consultants] for companies involved in natural resource damages (NRD) claims or settlements to participate in the process for measuring NRD. The panel will outline best practices for accomplishing each phase of injury and damages valuation. Read More

Environmental Insurance Coverage Under CGL, Property and D&O Policies for NRD, CERCLA, RCR...
Navigating Pollution and Owned Property Exclusions, and Determining Scope of Damages, Prop...
September 26, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide counsel with a review of new and emerging trends in environmental claims, potential coverage under various commercial policies, the parameters of key policy exclusions, and the scope of covered damages. Read More

CERCLA and Tenants as Bona Fide Prospective Purchasers: Obtaining and Maintaining BFPP Sta...
August 29, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to environmental counsel on the steps lessees should take, before and after executing a lease, to qualify for and maintain eligibility for protection as a bona fide prospective purchaser (BFPP) under the EPA's latest enforcement guidance and actions. Read More

Environmental Indemnity in Real Estate Transactions: Allocating Risks of Potential Cleanup...
Negotiating Key Provisions, Drafting and Reviewing the Agreement to Ensure Complete Covera...
August 15, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to counsel for buyers, sellers and lenders in real estate transactions on structuring environmental indemnity agreements to ensure coverage for environmental liabilities. The panel will examine key provisions and lessons from recent court treatment of such agre... Read More

Conservation Easement Due Diligence: Navigating IRS Approval, Appraisals, Phase 1 Assessme...
Effective Due Diligence Approaches for Easement Grantors and Grantee Conservation Organiza...
August 1, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide guidance for counsel for grantee conservation organizations and easement grantors on key due diligence issues involved in conservation easement transactions. The panel will outline approaches to identify and mitigate risks and liabilities. Read More

Clean Air Act Citizen Suits: Defense and Litigation Strategies
Navigating Notice, Standing and Jurisdiction; Interpleading Third Parties Under the CAA
July 18, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide guidance on procedural and strategic challenges for counsel defending citizen suits under the Clean Air Act (CAA). The panel will explain recent case law developments that impact citizen suits and provide strategies to manage your clients' risks when facing citizen suit... Read More

PRP Contribution Claims Under CERCLA: Strategies for Cost Recovery Against Potentially Res...
July 6, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to counsel advising parties involved in contaminated site cleanups on protecting the contribution interests of potentially responsible parties (PRPs) in seeking cost recovery against other PRPs. Read More

Navigating the NEPA Review Process and Lessons Learned From Recent Litigation
Best Practices for Counsel to Meet NEPA Requirements and Expedite Federal Agency Reviews
May 10, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to environmental counsel on recent developments involving the National Environmental Policy Act (NEPA), best practices for guiding clients through the NEPA review process, lessons learned from recent NEPA litigation, and the expected impact to NEPA reviews unde... Read More

Leveraging Latest CERCLA Decisions and Navigating New Complexities
Key Lessons on Parent Liability for Subsidiary Conduct, Arranger Liability, Divisibility,...
April 11, 2017 CLE CLE On-Demand, Download

This CLE webinar will discuss the latest key federal court CERCLA decisions, provide insights into lessons from the decisions for environmental counsel and their clients going forward, and offer best practices for handling CERCLA issues. Read More

CERCLA Bona Fide Prospective Purchaser Defense: Securing and Maintaining Liability Protect...
Strategies for Overcoming BFPP Defense Challenges and Restrictions
March 28, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to counsel for parties involved in the purchase of a contaminated site to secure and maintain the CERCLA bona fide prospective purchaser (BFPP) defense. The panel will offer best practices for redevelopment of contaminated sites in light of recent federal court... Read More

Identifying and Managing Environmental Risks in Commercial Transactions
Identifying, Quantifying and Allocating Potential Liabilities and Long-Term Environmental...
February 9, 2017 CLE CLE On-Demand, Download

This CLE webinar will provide guidance for counsel on key due diligence issues involved in corporate transactions. The panel will examine the impact of the deal structure and discuss due diligence methods and scope to identify environmental risks and liabilities as well as offer best practices for d... Read More

Mitigating Vapor Intrusion Risks: Navigating Interplay Between Federal and State Mandates,...
January 5, 2017 CLE CLE On-Demand, Download

This CLE webinar will prepare counsel to identify and address risk associated with vapor intrusion (VI) in real estate transactions using the most recent EPA guidance. The panel will review recent federal and state agency regulatory actions and court decisions, offer best practices for understanding... Read More

Endangered Species Act Compliance in Project Development and Land Use
Mitigating Risks to Minimize Delays, Costs for Relocation, Additional Surveys, and Post-Co...
October 6, 2016 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to clients, consultants and counsel on ensuring beginning to end compliance with the Endangered Species Act (ESA) in project development, including construction, infrastructure and renewable energy projects, among others. The panel will provide a briefing on ho... Read More

Navigating Jurisdictional Determinations Under the Clean Water Act: Impact of U.S. Army Co...
September 29, 2016 CLE CLE On-Demand, Download

This CLE will provide guidance to environmental counsel on jurisdictional determinations (JDs) and identifying waters protected by the Clean Water Act after the Supreme Court's recent decision in Army Corps of Engineers v. Hawkes Co. The panel will examine the implications of the decision for the JD... Read More

Conservation Easement Amendments: Navigating Amendment Mechanisms, Overcoming Challenges a...
September 21, 2016 CLE CLE On-Demand, Download

This CLE webinar will examine conservation easement amendments and the legal and practical issues that must be considered when assessing a proposed amendment to a perpetual conservation easement or developing a policy to govern an organization's approach to amendments. The panel will also discuss re... Read More

Navigating the Newly-Overhauled Toxic Substances Control Act
Preparing for TSCA Implementation: Understanding the New Requirements, Deadlines, and the...
August 3, 2016 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to environmental law counsel on the newly-amended Toxic Substances Control Act (TSCA). The panel will provide insight on the amended law and its new requirements and outline strategies to prepare clients and companies to meet the many new challenges under the l... Read More

Renewable Energy and Corporate PPAs: Overcoming Regulatory, Financing, Intercreditor, Tax...
July 20, 2016 CLE CLE On-Demand, Download

This CLE webinar will provide guidance for counsel to companies involved in renewable energy projects on the risks and benefits of corporate power purchase agreements (PPAs) as well as PPA structures. The panel will discuss financing renewable energy projects with corporate PPAs and offer best pract... Read More

Defending Against Citizen Suits Under Environmental Laws
Navigating Notice, Standing, Jurisdiction, Settlements and More Under RCRA, CERCLA, CWA an...
July 13, 2016 CLE CLE On-Demand, Download

This CLE webinar will provide guidance on procedural and strategic challenges for counsel defending environmental citizen suits under federal law. The panel will explain recent developments that impact citizen suits and provide best practices to manage your clients' risks when facing citizen suits. Read More

NEPA and the Impact of the FAST Act: Navigating the New Permitting and Review Process
Leveraging Opportunities Under the National Environmental Policy Act Reforms
June 15, 2016 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to counsel on the National Environmental Policy Act (NEPA) review process in light of the implementation of the Fixing America's Surface Transportation Act (FAST Act). The panel will discuss the implications of the NEPA reforms and will provide best practices f... Read More

Negotiating Settlements and Penalties Stemming From Environmental Audits
Leveraging Self-Audits to Reduce Enforcement Risks and Minimize Penalties
April 6, 2016 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to counsel negotiating settlements and penalties stemming from environmental self-audits. The panel will discuss commonly negotiated terms and immunity opportunities, as well as leveraging the result of a self-audit in negotiations. Read More

Fixed-Price Cleanups: How To Enter Them In The Post-Cost Cap Insurance Era Using Captives...
Lessons from Accomplished FPCs, When and Why to Use CCAs, and the Mechanics of Using a CCA
February 24, 2016 CLE CLE On-Demand, Download

This CLE webinar will review the legal mechanics of entering Fixed-Price Cleanups (FPCs) in the wake of Commercial Insurers' 2011 exit from the Cost Cap insurance market. It is designed for counsel for property owners and prospective owners (including brownfield developers), remediation contractors,... Read More

Environmental Hazard Compliance in Sale of Goods: California's Prop 65 and Safer Consumer...
Overcoming Compliance Hurdles for Manufacturers, Distributors, Retailers and Others in the...
January 19, 2016 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to environmental, products liability and business counsel regarding products sold to California consumers on complying with Proposition 65 and the Safer Consumer Products Act. The panel will discuss recent changes to the regulations and offer best practices for... Read More

Structuring Environmental Risk Transfers: Key Considerations
Navigating Scope of the Assumption, Financial Structure and Potential Tax Benefits
December 16, 2015 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to environmental counsel for structuring environmental risk transfers. The panel will examine when risk transfers should be considered and the tools available to allocate risks. Read More

Injunctive Relief in Environmental Litigation: Leveraging Recent Court Treatment and Navig...
November 17, 2015 CLE CLE On-Demand, Download

This CLE webinar will provide guidance for environmental litigators on injunctive relief under various environmental laws. The panel will outline and explain key considerations, evidentiary issues, and approaches to oppose requests for injunctive relief. Read More

Structuring Joint Defense Agreements in Environmental Litigation
Weighing Key Considerations, Navigating Privilege, and Ensuring Ethical Compliance
November 4, 2015 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to environmental litigators on the use of joint defense agreements. The panel will discuss the benefits and potential pitfalls of joint defense agreements and offer best practices for crafting an agreement that protects the interests of both counsel and clients... Read More

Leveraging Experts in Environmental Litigation
Presenting Testimony, Navigating Daubert Challenges, and Avoiding Confidentiality Issues
October 8, 2015 CLE CLE On-Demand, Download

This CLE webinar will provide guidance for counsel on using expert testimony when representing parties in environmental lawsuits. The panel will explain and outline the obstacles, challenges and solutions when using expert testimony. Read More

Environmental Covenants in Real Estate Transactions: Minimizing Exposure Risk to Contamina...
Determining Whether a Site Requires Use or Activity Restrictions, Navigating Statutory Pro...
September 24, 2015 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to environmental counsel on navigating the requirements for environmental covenants and determining if and when environmental covenants are needed. The panel will offer best practices for negotiating and structuring these covenants. Read More

RCRA Litigation Strategies: Defeating Claims of Substantial Endangerment
Defending RCRA Citizen Suits by Proving Plaintiff Failed to Demonstrate Imminent Harm
August 25, 2015 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to environmental counsel for prevailing in or successfully defeating a Resource Conservation and Recovery Act (RCRA) citizen suit based on failure to demonstrate imminent harm. The panel will discuss common pitfalls and offer strategies for defeating claims of... Read More

Navigating the Clean Water Act Permit Shield Absent Clear Court Guidance
Understanding the Scope of the Shield, Leveraging the Defense, Minimizing Liability
June 16, 2015 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to counsel of National Pollutant Discharge Elimination System (NPDES) permit holders and challengers on the scope of the Clean Water Act's Sect. 402(k)'s permit shield, recent appellate court decisions that raise questions about the shield, and the implications... Read More

Natural Resource Damages Assessment: Strategies for Valuing and Contesting NRD Injury and...
June 2, 2015 CLE CLE On-Demand, Download

This CLE webinar will prepare counsel for companies involved in natural resource damages (NRD) claims or settlements to participate in the process for measuring NRD. The panel will outline strategies for accomplishing each phase of injury and damages valuation. Read More

Contaminated Sites and Long-Term Stewardship: Meeting Obligations for Residual Contaminati...
Best Practices for Counsel in Implementing, Maintaining and Enforcing LTS
March 10, 2015 CLE CLE On-Demand, Download

This CLE webinar will provide guidance for environmental counsel representing companies planning, implementing, maintaining and enforcing long-term stewardships (LTS) at contaminated sites to minimize legal risks. Read More

Settling CERCLA Cases: Executing an Effective Strategy
Resolving CERCLA Litigation and Minimizing the Threat of Future RCRA Citizen Suits and CER...
February 24, 2015 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to counsel for parties of CERCLA litigation on settlement strategies and implications. The panel will examine potential future claims the parties may face, the need for careful consideration when determining with whom to settle and the order in which to settle.... Read More

ASTM E1527-13: Applying the New Phase I Site Assessment Standard
Navigating the Material Changes to Meet All Appropriate Inquiries Requirements and Limit C...
February 11, 2015 CLE CLE On-Demand, Download

This CLE seminar will review the revised ASTM E1527 standard for conducting environmental site assessments (ESAs), how the standard has changed, and practical considerations for using the standard. The panel will discuss the practical considerations in conducting all appropriate inquiries (AAI) and... Read More

Arranger Liability Under CERCLA: Leveraging Recent Court Decisions
Reducing Liability Amid Uncertainty and Absent Clear Guidance
January 21, 2015 CLE CLE On-Demand, Download

This CLE webinar will provide environmental counsel with a briefing of how recent court decisions have addressed arranger liability issues and their implications for CERCLA liability. The panel will provide guidance to counsel on overcoming the challenging issues in arranger liability litigation. Read More

Insurance Coverage for Environmental and Toxic Tort Claims
Determining Scope of Coverage for Cleanup, Remediation and Third-Party Liability
November 24, 2014 CLE CLE On-Demand, Download

This CLE webinar will provide environmental and insurance counsel with information on environmental insurance policies, coverage under CGL policies and the scope of the pollution exclusion, and coverage for cleanup and site remediation. The panel will discuss negotiating new coverage for acquisition... Read More

Structuring Environmental Site Access Agreements: Avoiding Costly Pitfalls
Drafting and Negotiating Scope of Work, Duration, Insurance and Other Key Provisions to Pr...
July 10, 2014 CLE CLE On-Demand, Download

This CLE webinar will examine key provisions, including scope, duration and insurance, in site access agreements. The panel will discuss the potential pitfalls that may result due to drafting issues and offer best practices for negotiating and implementing the agreement. Read More

ESI in Environmental Litigation: Overcoming Unique Challenges of Expert-Dependent Evidence...
Leveraging Rule 29 Stipulations, Managing Court-Imposed Time Constraints, Minimizing Risk...
June 25, 2014 CLE CLE On-Demand, Download

This CLE webinar will offer guidance to environmental litigators in handling complex electronically stored information (ESI) challenges in environmental litigation due to its heavy reliance on expert testimony. The panel will provide insights from recent litigation and offer best practices for couns... Read More

Mitigating Environmental Liability from Construction Debris and Contaminated Soil
Leveraging Contractual Indemnity, Developing Waste Management Plan, Determining Liability,...
December 18, 2013 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to environmental counsel to mitigate the environmental risks and liability resulting from construction debris and resulting contaminated soil. The panel will offer steps for counsel to all parties involved (landowner, potential purchaser, construction contracto... Read More

Defending Environmental Common Law Claims After Bell v. Cheswick: Is Federal Permit Compli...
Assessing the Future of Preemption, Leveraging Potential Analogous State Law Arguments, an...
October 24, 2013 CLE CLE On-Demand, Download

This CLE webinar will provide perspectives and analysis of the implications of the Third Circuit's decision in Bell v. Cheswick Generating Station for toxic tort litigation. The panel will offer guidance on steps counsel can take to mitigate liability on state law claims for companies compliant with... Read More

Groundwater Contamination Litigation: Proving and Defending Against Liability
Demonstrating Nexus, Causation and Injury to Recover Cleanup Costs and Other Damages
October 10, 2013 CLE CLE On-Demand, Download

This CLE webinar will provide environmental counsel with a review of the regulatory structures for groundwater contamination, analyze lessons from recent significant cases, discuss trends for damage recovery, and outline best practices for proving and defending against liability. Read More

CERCLA Preemption of State Law Claims
Bringing or Surviving Preemption Challenges to Maximize Contribution Protection
August 20, 2013 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to counsel on when CERCLA preempts state law claims. The panel will review recent treatment by the courts on preemption challenges and will offer best practices for representing potentially responsible parties (PRPs) and surviving preemption challenges. Read More

CERCLA, CWA and State Law: Complexities With Overlapping Authorities
Navigating Requirements for Soil and Sediment Remediation and Storm and Surface Water Mana...
August 8, 2013 CLE CLE On-Demand, Download

This CLE webinar will provide guidance for environmental counsel to navigate the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Clean Water Act (CWA), National Pollutant Discharge Elimination System (NPDES) permitting, and state laws when dealing with remediation... Read More

Institutional Controls at Contaminated Sites: Best Practices for Counsel in Implementing,...
July 16, 2013 CLE CLE On-Demand, Download

This CLE webinar will provide guidance for counsel to companies planning, implementing, maintaining and enforcing institutional controls (ICs) at contaminated sites to minimize legal risks. Read More

Electronic Waste Compliance and Enforcement: Emerging Trends
Managing Hazardous E-Waste to Meet Federal and State Law Requirements
June 12, 2013 CLE CLE On-Demand, Download

This CLE webinar will provide environmental counsel with current awareness of the recent enforcement trends related to electronic waste (e-waste). The panel will review the requirements under federal and state environmental laws for proper disposal, reuse and export of e-waste. Read More

Natural Resource Damages Under CERCLA: Recoverability and Assessment Challenges
Evaluating, Valuing, and Proving or Disproving Injury and Damages
June 6, 2013 CLE CLE On-Demand, Download

This CLE webinar will prepare counsel for companies involved in natural resource damages (NRD) claims or settlements to participate in the process of recovering NRD. The panel will outline strategies to prove or disprove the recoverability, assessment and quantification of natural resource injuries. Read More

Settling Private CERCLA Litigation
Navigating Contribution Protection, Determining Order of Settlement, and Avoiding Unintend...
May 23, 2013 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to counsel for parties involved in settling private CERCLA litigation. The panel will examine the challenging issues facing plaintiffs and defendants and offer best practices for planning settlement strategy. Read More

Pleading Federal Environmental and Toxic Tort Claims
Navigating Pleading Standards Amid Differing Court Decisions, and Overcoming Other Procedu...
January 22, 2013 CLE CLE On-Demand, Download

This CLE webinar will provide litigators with an overview of current rules and case law establishing the governing standards in pleadinenvironmental and tort cases. The panel will also offer insights for successfully pleading those claims, challenging the pleadings at an early stage, and addressing... Read More

Environmental Marketing: The New Green Guides
Strategies to Meet Regulatory Standards and Minimizing Greenwashing Liability
December 12, 2012 CLE CLE On-Demand, Download

This CLE webinar will update counsel to companies that market products as having green attributes on the changes to the Green Guides. The panel will offer best practices for complying with the guidance provided by the FTC so as to avoid unfair or deceptive green claims. Read More

Environmental Enforcement Under FIFRA: Increased Scrutiny Reaches More Consumer Products
Developing Compliance Programs in Response to Recent EPA Actions
November 1, 2012 CLE CLE On-Demand, Download

This CLE webinar will discuss recent Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) enforcement actions by the EPA, including the $12.5 million settlement with Miracle Gro. The panel will also address FIFRA's regulation of consumer products and the potential consequences of making public... Read More

Allocating Environmental Risks and Liabilities
Structuring Contract Provisions to Limit Risk in Commercial Transactions
September 13, 2012 CLE CLE On-Demand, Download

This CLE webinar will provide guidance for environmental counsel to structure and negotiate representations and warranties, indemnities, and other provisions to allocate environmental risks and liabilities in commercial transactions. Read More

Judicial Review of Federal Compliance Orders After Sackett v. EPA
Challenging EPA Administrative Proceedings Prior to Enforcement
May 15, 2012 CLE CLE On-Demand, Download

This CLE webinar will provide a review of the Supreme Court's holding in Sackett v. EPA. The panel will explore the pre-enforcement judicial reviews of EPA's compliance orders under the Clean Water Act and discuss other regulations potentially subject to these new judicial reviews. Read More

EPA Criminal Enforcement on the Rise
Preparing for and Responding to Environmental Investigations
May 10, 2012 CLE CLE On-Demand, Download

This CLE webinar will provide guidance for environmental counsel on preparing for and responding to environmental criminal investigations. The panel will discuss areas the EPA is currently targeting for criminal enforcement and offer best practices for conducting internal investigations and developi... Read More

Stormwater Discharge Permits and Clean Water Act Compliance
Navigating New EPA Permitting Requirements and Case Law on State Agency Permitting
April 26, 2012 CLE CLE On-Demand, Download

This CLE webinar will provide counsel with a review of the new EPA stormwater discharge permit requirements. The panel will outline best practices for complying with stormwater discharge permitting and explore current trends regarding state agency-issued stormwater discharge permits. Read More

RCRA Litigation and the Substantial Endangerment Requirement
Defending RCRA Citizen Suits by Proving Plaintiff Failed to Demonstrate Imminent Harm
April 5, 2012 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to environmental counsel on prevailing in or successfully defeating a RCRA citizen suit based on failure to demonstrate imminent harm. The panel will discuss the common pitfalls and offer strategies for defeating claims of imminent and substantial endangerment. Read More

Recovery of Natural Resource Damages: Emerging Trends
Analyzing EPA, OPA and CERCLA Roles in NRD Assessments and the Implications of Recent Liti...
March 1, 2012 CLE CLE On-Demand, Download

This CLE webinar will provide environmental counsel with a review of emerging trends in natural resource damage recovery, discuss new developments in NRD assessments, and analyze the EPA's role under OPA and CERCLA in assessments. The panel will review current NRD suits and the potential impact on f... Read More

NEPA Documentation: Latest Council on Environmental Quality Guidance
Leveraging Mitigation Measures to Meet NEPA Requirements; Expediting Federal Agency Review...
February 16, 2012 CLE CLE On-Demand, Download

This CLE webinar will provide counsel to companies involved in the National Environmental Policy Act (NEPA) approval process with best practices for operating under the latest NEPA guidance from the Council on Environmental Quality (CEQ). Read More

Environmental Toxic Injury Claims
Bringing or Defending Against Environmental Personal Injury Actions
February 16, 2012 CLE CLE On-Demand, Download

This CLE webinar will prepare personal injury attorneys to understand recurring issues present in environmental toxic tort cases including liability theories, causation, defenses, preemption, jurisdiction and available damages. The panel will outline best practices for plaintiff and defense counsel. Read More

Wetlands Development: Legal Trends and Challenges
Navigating Strict New Federal Guidance, Permitting Requirements and Emerging Case Law
November 29, 2011 CLE CLE On-Demand, Download

This CLE webinar will provide environmental counsel with an examination of current EPA and Corps of Engineers guidance for wetlands regulation, discuss the new threat of 404 permit vetos, and explore the implications of recent and pending wetlands litigation. Read More

Hydraulic Fracturing and the Legal Onslaught
Preparing for EPA Actions, New Statutory Requirements, and the Growing Litigation Threat
September 27, 2011 CLE CLE On-Demand, Download

This CLE webinar will provide counsel with an overview of current and looming future statutes and regulations that govern hydraulic fracturing activities. The panel will evaluate the status of lawsuits pending and likely to be filed and outline some options to defend lawsuits. Read More

Allocating Environmental Risk in Distressed Real Estate Transactions
Crafting Representations and Warranties, Indemnities and Insurance Provisions to Minimize...
August 2, 2011 CLE CLE On-Demand, Download

This CLE webinar will outline best practices for attorneys to structure and negotiate representations and warranties, indemnities and insurance provisions that allocate environmental risks in purchase agreements for distressed commercial real estate. Read More

NEPA Mitigation: New Guidance From Council on Environmental Quality
Preparing for Heightened Mitigation and Monitoring Accountability and Agency Oversight
April 5, 2011 CLE CLE On-Demand, Download

This CLE webinar will prepare counsel to companies involved in the NEPA approval process with best practices for operating under the new NEPA guidance from the Counsel on Environmental Quality. Read More

Joint and Several Liability and Arranger Liability Under CERCLA
Minimizing Liability and Managing Exposure Since Burlington Northern
February 9, 2011 CLE CLE On-Demand, Download

This CLE webinar will provide environmental legal advisors with a review of the Burlington Northern ruling, how courts are applying it, and the implications for liability under CERCLA. The panel will offer best practices for reducing liability and recovering remediation costs. Read More

Environmental Marketing: Legal Risks of Claiming to be Green
Strategies to Meet Regulatory Standards and Minimize Greenwashing Liability
November 30, 2010 CLE CLE On-Demand, Download

This CLE webinar will update counsel to companies marketing products as having environmental attributes on the Federal Trade Commission's proposed revisions to its Green Guides. The panel will offer best practices for complying with the standards to avoid unfair or deceptive green claims. Read More

Environmentally Contaminated Property Issues When Owners Face Insolvency
Complying with Remediation Requirements and Discharging Cleanup Obligations in Bankruptcy
November 18, 2010 CLE CLE On-Demand, Download

This CLE webinar will provide counsel with guidance for dealing with environmental obligations when a company faces insolvency or a client buys property from a bankrupt or distressed entity. The panel will review relevant court decisions and outline best practices for evaluating remediation liabilit... Read More

Climate Change Nuisance Litigation
Emerging Trends and Defense Strategies for Global Warming Claims
June 22, 2010 CLE CLE On-Demand, Download

This CLE webinar will prepare counsel to identify and deal with the risks of climate change nuisance claims. The panel will review the substance and implications of key recent rulings and outline ways to neutralize and defend against such claims. Read More

Greening Brownfields: New EPA Priority
Legal Considerations When Remediating Contaminated Property Through Sustainable Developmen...
May 25, 2010 CLE CLE On-Demand, Download

This CLE webinar will provide guidance to environmental law counsel and companies involved in greening brownfield sites. The panel will review the regulatory drivers of sustainable redevelopment of brownfields, discuss the current trends and opportunities, and examine the legal considerations in gre... Read More

Environmental Warranties for Carbon Emissions: New Regulations and Developing Legal Trends
Mitigating Environmental Liabilities and Risks in Business Transactions
April 8, 2010 CLE CLE On-Demand, Download

This CLE webinar will provide practical tips for legal counsel to businesses planning environmental due diligence in assets and share acquisitions. The panel will offer guidance for counsel dealing with environmental warranties and other risk protection measures. Read More

Environmental Emergencies: Legal Strategies for Managing Risk
Mitigating Liability and Meeting Regulatory Requirements Before, During and After an Envir...
March 2, 2010 CLE CLE On-Demand, Download

This CLE webinar will prepare counsel for the potential legal and business impacts of an environmental crisis and offer guidance on effective proactive and reactive steps, such as environmental risk planning, required notifications and shareholder communications, interacting with investigators, and... Read More

Climate Change Risks: Corporate Disclosure Requirements
Navigating the Groundbreaking SEC Guidance to Meet Corporate Reporting Obligations
February 18, 2010 CLE CLE On-Demand, Download

This CLE webinar will discuss the SEC's new guidance for corporate disclosure of material climate change risks and provide best practices for meeting the new requirements and expectations. Read More

CERCLA Liability After Burlington Northern and Santa Fe Railway Co. v. U.S.
Reducing Cleanup Liability and Recovering Remediation Costs
February 2, 2010 CLE CLE On-Demand, Download

This CLE webinar will analyze and discuss the impact of the U.S. Supreme Court's decision in Burlington Northern and Santa Fe Railway Co. v. U.S. addressing Superfund apportionment and arranger liability issues. Read More

RCRA Liability for Property Owners, Operators and Managers
Minimizing Risks Under the Resource Conservation and Recovery Act and Ensuring Indemnifica...
January 21, 2010 CLE CLE On-Demand, Download

This CLE webinar will discuss how the federal courts are addressing RCRA hazardous waste liability for property owners, operators and managers and outline steps each can take to minimize liability exposure. Read More

Building Green: Navigating the Legal and Regulatory Challenges of Sustainable Real Estate
January 21, 2010 CLE CLE On-Demand, Download

This CLE webinar will provide best practices when planning and negotiating green building contracts. The panel will outline strategies for resolving legal disputes between builders, contractors, subcontractors, tenants and other affected parties. Read More

Green Remediation: Minimizing the Impacts of Site Cleanup
Business Implications of Recent Regulatory and Policy Developments
September 23, 2009 CLE CLE On-Demand, Download

This seminar will discuss the legal issues present in contaminated site remediation using sustainable practices and will outline strategies for property owners and developers. Read More

Carbon Emission Credit Trading: Emerging Legal Complexities
Capitalizing on Greenhouse Gas Reduction Requirements
June 9, 2009 CLE CLE On-Demand, Download

This seminar will discuss the federal, state and regional actions regarding reduction of greenhouse gases, update the status and viability of carbon credit projects, and offer solutions to the complexities involved in carbon emissions trading. Read More

EPA Financial Assurance Compliance
Legal Strategies to Anticipate and Meet Financial Requirements for Environmental Obligatio...
May 19, 2009 CLE CLE On-Demand, Download

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. Read More

New EPA Guidance for Clean Water Act Jurisdiction
Best Practices to Obtain Permits for Projects Involving Wetlands
April 1, 2009 CLE CLE On-Demand, Download

This seminar will examine the tests put forth in the Supreme Court's Rapanos ruling, the guidance provided by the EPA and the Army Corps of Engineers and discuss best practices for assessing whether the CWA applies to a project and when a determination or challenge to jurisdiction is needed. Read More

Greenhouse Gas Litigation
Emerging Trends and Strategies in a Dynamic Legal Landscape
March 3, 2009 CLE CLE On-Demand, Download

This seminar will examine the legal trends and theories emerging in climate change litigation. The panel will offer their insights and perspectives for counsel who defend and prosecute claims on GHG emission -- as well as practical and proactive measures for handling potential GHG claims. Read More

Nanomaterials: Complying With the New EPA Regulations

February 3, 2009 CLE CLE On-Demand, Download

This seminar will examine the emerging trends in the Environmental Protection Agency's regulation of nanomaterials, the impact of regulation on manufacturers and importers, and best practices for complying with the EPA requirements. Read More

Climate Change Regulations: Strategies for Reducing Corporate Risks and Liabilities
Prepare Now as Pressure Mounts for Tougher Federal Oversight
October 8, 2008 CLE CLE On-Demand, Download

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Environmental Compliance and Internal Audits
Coming Clean Under Environmental Regulations and Mitigating EPA and State Penalties
April 23, 2008 CLE

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Nanotechnology - The Next Asbestos?
Strategies for Surviving an Emerging Regulatory Environment
April 5, 2007 CLE

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Environmental Risk Transfers for PRPs
Strategies for Managing Substantial Damages Exposure
March 14, 2007 CLE

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Emerging Environmental Toxic Tort Liabilities
Effective Strategies for Avoiding Exposure, Managing Litigation, and Minimizing Damages
February 20, 2007 CLE

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