EPA Financial Assurance Compliance
Legal Strategies to Anticipate and Meet Financial Requirements for Environmental Obligations
EPA pursues financial assurance compliance as a national priority
Recording of a 90-minute CLE webinar with Q&A
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.
Outline
- Legal framework
- Significant statutes
- Financial assurance mechanisms/instruments
- Liability requirements
- Common compliance concerns
- Inability to obtain assurance
- Reliability of cost estimates
- Recent developments
- Impact of economic crisis
- Increased enforcement activity
- Court treatment
- Best practices for meeting environmental obligations (or complying with the requirements)
Benefits
The panel will review these and other key questions:
- How do the significant statutes differ in what they require for companies to meet their environmental financial obligations?
- What mechanisms have been effective in meeting the financial assurance requirements?
- What are the common problems that arise with companies seeking to comply with financial assurance — and what are the best practices for dealing with these issues?
- What are the key policies and procedures that companies and counsel can implement to ensure compliance with the financial assurance requirements?
Faculty

Granta Y. Nakayama
Partner
Kirkland & Ellis
He served at the U.S. Environmental Protection Agency as the Assistant Administrator for the Office of Enforcement and... | Read More
He served at the U.S. Environmental Protection Agency as the Assistant Administrator for the Office of Enforcement and Compliance Assurance from 2005-2009. Since joining Kirkland & Ellis, his work includes the defense of enforcement actions, other litigation involving regulations and rate proceedings, and the representation of clients in agency rule makings and Congressional matters.
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Christopher M. Roe
Partner
Fox Rothschild
He advises clients in the acquisition and disposition of businesses and assets and the redevelopment of brownfield... | Read More
He advises clients in the acquisition and disposition of businesses and assets and the redevelopment of brownfield sites, represents clients in enforcement matters and environment and exposure-related matters. He also assists clients in evaluating and communicating about environmental risks.
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Christian C. Semonsen
Partner
Kirkland & Ellis
He practices in the area of environmental law, primarily in the context of corporate mergers, acquisitions, and... | Read More
He practices in the area of environmental law, primarily in the context of corporate mergers, acquisitions, and divestitures. He represents clients on a full range of environmental regulatory compliance and remediation matters, enforcement actions, administrative proceedings and civil litigation.
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Strafford will process CLE credit for one person on each recording. All formats include course handouts.
CLE On-Demand Audio