Clean Water Act Citizen Suits: Defense Litigation and Settlement Strategies
Navigating Notice, Standing, and Jurisdiction; Interpleading Third Parties Under the CWA
March 23, 2021 • CLE • Live Webinar
This CLE webinar will guide counsel on procedural and strategic challenges in 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' expectations and risks when facing citiz...
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Environmental Obligations in Bankruptcy: Reconciling the Conflicting Goals of Bankruptcy a...
Pre- vs. Post-Petition Claims, Enforcement Actions, Statutory Super Liens, Asset Sales, Ab...
April 13, 2021 • CLE • Live Webinar
This CLE webinar will investigate the conflicts between the Bankruptcy Code and state and federal environmental statutes and provide counsel with an understanding of how to resolve these issues in bankruptcy proceedings. The panel will review relevant court decisions and why some environmental claim...
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ASTM E1527: Lessons From Applying the Current Phase I Site Assessment Standards Guide and...
Meeting Appropriate Inquiry Requirements and Limiting CERCLA Liability
February 17, 2021 • CLE • CLE On-Demand, Download
This CLE webinar will review the previously 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...
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Responding to EPA Information Request Letters: Mitigating Further Agency Scrutiny
Response Options; Confidentiality Requirements; CERCLA, CWA, CAA, and RCRA Compliance
February 9, 2021 • CLE • CLE On-Demand, Download
This CLE webinar will guide 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.
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The Chemical Disaster Rule (aka RMP) & The Biden Administration; What is ahead for Rules,...
A New Administration, Managing and Mitigating Risk, State Regulations, Civil and Criminal...
December 16, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will examine the Chemical Disaster Rule (commonly referred to by the regulatory framework known as the Risk Management Plan, or RMP) and the impacts of the recent election. Facility explosions in Texas and Beirut had already refocused attention on the management of hazardous chemica...
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CEQA and Environmental Impact Reports: 2020 Cases, Standards, Mitigation Measures, Exempti...
Current Requirements for Project Approval, Environmental Protection and Commercial Develop...
November 11, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will guide environmental counsel on recent California Environmental Quality Act (CEQA) case law, policy, and practice developments. Despite the COVID-19 pandemic, 2020 has seen no shortage of CEQA cases in the California trial and appellate courts, with over 20 published appellate d...
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Expediting Environmental Reviews of Infrastructure Under New Executive Order and Revised N...
Meeting Imminent Risk Requirements and Potential Legal Challenges
September 23, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will examine recent federal efforts to streamline environmental reviews and permitting of infrastructure projects. The panel will address streamlining mechanisms under recent Executive Orders and the revised regulations implementing National Environmental Policy Act (NEPA) issued by...
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Environmental Indemnity in Real Estate Transactions: Allocating Risks of Potential Liabili...
Negotiating Key Provisions, Drafting and Reviewing the Agreement to Ensure Complete Covera...
August 12, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will guide counsel for buyers, sellers, and lenders in real estate transactions on allocation of environmental liability and structuring environmental indemnity agreements to ensure proper coverage for liabilities. The panel will examine key provisions and lessons from historical pr...
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Environmental Insurance, Escrows, and Contractual Transfers of Environmental Liability
Identifying, Quantifying and Allocating Potential Liabilities and Long-Term Environmental...
August 6, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will review both traditional and evolving environmental insurance products (e.g., pollution legal liability, cost cap, and excess of indemnity), escrows, contractual liability transfers, and other tools in the context of the cleanup and/or transfer of contaminated properties.
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Reexamining Indirect Discharges and the Clean Water Act After County of Maui, Hawaii v. Ha...
What is the "Functional Equivalent" of a Direct Discharge?
July 29, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will discuss the Supreme Court's decision in County of Maui, Hawai'i. v. Hawai'i Wildlife Fund, which sets forth a new test for when discharges to jurisdictional waters via groundwater require NPDES permitting under the Clean Water Act (CWA): when the discharge to groundwater is the...
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Brownfield Redevelopment in Opportunity Zones: Taking Advantage of OZ Tax Benefits
Determining Substantial Costs, Vacancy, and Environmental Remediation
May 20, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel with guidance based on the opportunity zone (OZ) regulations recently released by the Treasury Department related to brownfield redevelopment. The panel will address the IRS requirements in the assessment, remediation, and redevelopment of brownfield properties...
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CERCLA Litigation Liability Update: New Cases, New Twists
April 30, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will provide environmental counsel with a review of recent court rulings on the liability of potentially responsible parties (PRPs) under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund or CERCLA). In addition, the presenters will discuss the imp...
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Settling CERCLA Cases: Executing an Effective Strategy
Resolving CERCLA Litigation and Minimizing the Threat of Future RCRA Citizen Suits and CER...
March 26, 2020 • 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, and the need for careful consideration when determining with whom to settle and the order in which to set...
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Mitigating Vapor Intrusion Risks: Protecting Interests in Real Estate Transactions
Navigating Interplay Between Federal and State Requirements, Evaluating Impact of VI
February 20, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will prepare counsel to identify and address the 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 understan...
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CERCLA Bona Fide Prospective Purchaser Defense: Securing and Maintaining Liability Protect...
Strategies for Overcoming BFPP Defense Challenges and Restrictions
February 5, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will guide 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 the redevelopment of contaminated sites in light of recent federal court decisions...
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Allocating CERCLA Liability: Divisibility or Section 113 Equitable Contribution
Assessing Harm, Proving Divisibility of Harm Defense Absent a Bright-Line Test, and Apport...
January 29, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will discuss how recent court decisions have addressed divisibility in CERCLA litigation. The panel will provide guidance for environmental counsel on when the divisibility of harm defense is appropriate and tactics to overcome challenges in proving divisibility.
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Environmental Audits: Privilege, Voluntary Disclosure, and Other Legal Issues
Ensuring Compliance With Environmental Laws, Responding When Violations Are Discovered
January 22, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will guide 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.
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Anticipating Post-Closing Environmental Issues in Real Estate Deals
December 11, 2019 • 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 recent court treatment of environmental contractual claus...
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Superfunds Evolving Liability Landscape: Defeating CERCLA Liability Under the BUILD Act an...
Asserting BFPP Defense After Brownfields Utilization, Investment, and Local Development Ac...
November 14, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel for tenants, or prospective tenants, of 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) using the u...
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Defending Against Citizen Suits Under Environmental Laws
Notice, Standing, Jurisdiction, Settlements and More Under RCRA, CERCLA, CWA and CAA
September 19, 2019 • 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.
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Beyond PFAS: New Emerging Contaminants and Regulation, Litigation, Recent Science, Risks,...
Gen-X, 1,4-dioxane, Perchlorate, Pharmaceuticals, Endocrine Disrupters, Glyphosate
September 18, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will provide environmental counsel with an overview of the recent science related to the latest emerging contaminants including PFAS, Gen-X, 1,4-dioxane, perchlorate, pharmaceutical products, endocrine disrupters, and glyphosate, discuss recent cases and recently enacted legislation...
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Environmental Insurance Coverage Under CGL, Property and D&O Policies for NRD, CERCLA, RCR...
Pollution and Owned-Property Exclusions, Scope of Damages, Property Damage and Occurrences
September 10, 2019 • 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 critical policy exclusions, and the scope of covered damages.
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Climate Change Risks and Corporate Disclosure Responsibilities: 2018 CDP Survey Lessons an...
Navigating Federal and State Requirements, Private-Sector Actions, and Voluntary Reporting...
August 8, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will address common climate change risk reporting issues, the increase in voluntary sustainability reporting, disclosure guidance and sustainability reporting frameworks, and the purpose and methodologies of third-party environmental rating providers. The panel will also discuss les...
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Brownfields Redevelopment After the BUILD Act: New Opportunities and Potential Challenges
New Exemptions; Enhanced Protections for Lessees; Expanded Federal Brownfield Grants; Addi...
July 25, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will guide counsel to developers in redeveloping contaminated properties after the Brownfields Utilization, Investment and Local Development Act of 2018 (BUILD Act), which expands and refocuses existing federal programs and creates new incentives. The panel will discuss legal impedi...
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Prop. 65: Revised Warnings One Year Later and Developments in PFOA/S, Glyphosate and Solub...
Compliance Challenges for Manufacturers, Distributors, Retailers and Others in the Chain o...
July 11, 2019 • 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...
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Environmental Issues in Solar Energy Projects
Pre-Project Environmental Due Diligence, Environmental Impact Review, Federal Permitting R...
June 27, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will provide an overview of the environmental laws and regulations governing the development of solar power projects, from small rooftop installations sited on existing buildings to utility-scale solar farms. The panel will discuss pre-project environmental due diligence, compliance...
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Environmental Due Diligence in M&A Transactions
All Appropriate Inquiry, Bona Fide Purchaser Defense, Tailoring the Scope of Due Diligence
May 30, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will discuss environmental due diligence in M&A transactions, including the types of environmental risks that can arise, how those risks can be assessed in a transactional context, and certain liability defenses that may be available and obtained through the due diligence process.
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Groundwater Indirect Discharges and CWA Regulation: Permitting Requirements in Light of Ci...
Ramifications of County of Maui v. Hawaii Wildlife Fund: Pending Supreme Court Review
May 23, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will discuss the "indirect discharge" theory of Clean Water Act (CWA) liability, its disparate treatment by federal appellate courts and the U.S. Supreme Court's decision to review County of Maui, Hawai'i. v. Hawai'i Wildlife Fund --and the ramifications of potential resolution. The...
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PFAS: State Regulation, Litigation, Recent Science, and Risks and Liabilities
May 16, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will provide environmental counsel with an overview of the recent science related to per- and polyfluoroalkyl substances (PFAS), recent precedent-setting cases and recently enacted legislation that will impact PFAS regulation and liability, and focus on the rapidly developing state...
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Mitigating Environmental Liability From Construction Debris and Contaminated Soil
Leveraging Contractual Indemnity, Developing Waste Management Plan, Determining Liability,...
February 12, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will guide environmental counsel to mitigate the environmental risks and liability resulting from construction debris and leading to contaminated soil. The panel will offer steps for counsel to all parties involved--landowners, potential purchasers, construction contractors, and so...
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Evolving Standards for Daubert Challenges in Environmental Litigation
Pesticides, Herbicides, Airborne Toxins, Climate Change, and Fracking
January 10, 2019 • CLE • CLE On-Demand, Download
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...
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"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...
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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...
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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.
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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...
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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.
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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...
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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...
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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...
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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.
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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).
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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...
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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.
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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.
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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.
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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...
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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...
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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...
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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...
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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...
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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...
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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.
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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...
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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.
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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...
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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.
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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.
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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...
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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.
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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...
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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.
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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...
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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...
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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.
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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.
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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...
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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.
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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.
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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.
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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.
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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...
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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.
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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.
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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...
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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.
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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...
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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...
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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.
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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...
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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...
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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