ESI in Environmental Litigation: Overcoming Unique Challenges of Expert-Dependent Evidence and Multifaceted Laws

Leveraging Rule 29 Stipulations, Managing Court-Imposed Time Constraints, Minimizing Risk of Court Intervention

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, June 25, 2014

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course 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 counsel in managing the time constraints, taking advantage of FRCP 29 stipulations, and culling through and identifying key evidence in ESI.


Environmental litigators face complex challenges in handling ESI due to the unique combination of onerous state and federal laws and regulations and the necessity to rely heavily on expert testimony and evidence.

Among the ESI challenges are time constraints imposed by the court despite ever-increasing volumes of ESI evidence. Environmental litigators must efficiently cull through the information and carefully analyze it for effective management and presentation.

To lessen the burden of managing ESI, litigators should consider leveraging FRCP 29, which provides for stipulations about discovery procedure. The rule gives the parties greater opportunity to agree to modify discovery procedures and limits to reduce costs and time.

Listen as our authoritative panel of environmental litigators examines the complexities of managing ESI in environmental litigation, including how to navigate the unique combination of burdensome laws and regulations with heavy reliance on expert evidence. The panel will outline best practices for tackling ESI challenges in environmental litigation and review recent court decisions on ESI admission and management.



  1. Managing ESI in environmental litigation
  2. ESI challenges
  3. Recent court treatment
  4. Best practices for addressing ESI issues in environmental litigation


The panel will review these and other key questions:

  • What steps can environmental litigators take to minimize the likelihood of judicial intervention in discovery?
  • How can litigators utilize Rule 29 to streamline ESI?
  • What lessons for ESI management can be learned from recent decisions?


Justin Savage
Justin Savage

Hogan Lovells US

Mr. Savage focuses on environmental and regulatory litigation including the defense of government enforcement actions,...  |  Read More

Emily Kimball
Emily Kimball

Hogan Lovells US

Ms. Kimball is a member of the firm’s environmental group and her practice focuses on litigation and regulatory...  |  Read More

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