New EPA Rule Impacting Medical Device Sterilization: Strict Emissions Control, Compliance...
October 22, 2024 • CLE • Live Webinar
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This CLE webinar will guide environmental practitioners through the U.S. EPA's long-awaited final rule regulating the use of ethylene oxide (EtO) by commercial sterilizers. The panel will discuss the rule's stricter emissions control standards, new reporting requirements, and best practices for assi...
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PFAS Contamination: Federal and State Regulatory Update, Scientific Developments
November 5, 2024 • CLE • Live Webinar
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This CLE course will guide environmental law counsel on the evolving federal and state regulatory landscape related to perfluoroalkyl or polyfluoroalkyl substances (PFAS), providing updates to recent legislative and regulatory changes at both the federal and state level.
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Voluntary Carbon Markets: Environmental Impact, Controversy and Challenges, Evolving Regul...
November 12, 2024 • CLE • Live Webinar
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This CLE webinar will provide a comprehensive overview of the current state of voluntary carbon markets (VCMs) and evolving VCM regulation. The panel will also examine to what extent VCMs may be a viable tool to help reduce GHG emissions and offer best practices for advising clients on navigating VC...
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CERCLA and Tenants as Bona Fide Prospective Purchasers: Obtaining and Maintaining BFPP Sta...
November 19, 2024 • CLE • Live Webinar
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This CLE webinar will provide guidance to 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 CERCLA. The panel will examine the EPA's latest enforcement guidance and acti...
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Sackett v. EPA One Year Later: Evolving WOTUS Landscape; EPA Enforcement and State Legisla...
November 21, 2024 • CLE • Live Webinar
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This CLE webinar will discuss the impact that the Supreme Court's landmark decision in Sackett v. Environmental Protection Agency has had over the past year on an evolving "waters of the United States" (WOTUS) landscape. The panel will discuss how the EPA has been implementing its revised WOTUS rule...
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Defending Against Environmental Citizen Suits: Litigation Challenges, Recent Developments,...
Notice, Standing, Jurisdiction, Settlements, and More Under RCRA, CERCLA, C...
October 8, 2024 • CLE • CLE On-Demand, Download
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This CLE course will provide guidance on procedural and strategic challenges for counsel defending environmental citizen suits under federal law. The panel will examine current cases and regulations that impact citizen suits and provide best practices to manage your clients' risks when facing citize...
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Environmental Regulation After Loper Bright and Corner Post: Agency Rulemaking, Judicial R...
October 1, 2024 • CLE • CLE On-Demand, Download
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This CLE webinar will guide environmental practitioners through the recent U.S. Supreme Court decisions in Loper Bright Enterprises v. Raimondo, which overturned the long-standing Chevron doctrine, and Corner Post Inc. v. Board of Governors of the Federal Reserve System, which expands the time perio...
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PRP Contribution Claims Under CERCLA: Strategies for Cost Recovery Against Potentially Res...
September 17, 2024 • CLE • CLE On-Demand, Download
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This CLE course 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.
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EPA Information Request Letters: Response Strategies, Protecting Privilege/Confidentiality...
August 29, 2024 • CLE • CLE On-Demand, Download
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This CLE course will guide environmental counsel on responding to EPA information request letters, understanding key strategic considerations and alternatives, and assessing and managing enforcement risk. The panel will offer perspectives on varying approaches under environmental laws.
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PFAS in Drinking Water: EPA Landmark Final Rule Establishing MCLs; Costly Requirements; Co...
August 6, 2024 • CLE • CLE On-Demand, Download
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This CLE webinar will guide practitioners through the U.S. EPA's ground-breaking final rule, effective June 25, 2024, establishing the first enforceable federal regulations governing PFAS levels in drinking water under the Safe Drinking Water Act. The panel will discuss covered PFAS chemicals and th...
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New NEPA Phase 2 Final Rule: EA/EIS Streamlining, Categorical Exclusions, Climate Change I...
Expansive Agency Review Process; Impact on Federal Project Planning and Per...
July 23, 2024 • CLE • CLE On-Demand, Download
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This CLE webinar will guide practitioners through the Council on Environmental Quality's (CEQ) National Environmental Policy Act (NEPA) Phase 2 final rule. The panel will discuss the final rule's requirements and examine how the rule streamlines the NEPA review process in some ways while expanding t...
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PFAS 2024 Update: Regulatory and Scientific Developments, Increasing Litigation, Insurance...
July 16, 2024 • CLE • CLE On-Demand, Download
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This CLE course will provide environmental counsel with an overview of the recent regulatory developments and science related to PFAS and discuss how these changes are impacting the regulated community. The panel will also highlight recent cases and recently adopted regulation that will impact the r...
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Stormwater Discharge Permits and CWA Compliance: Current EPA and State Requirements; Regul...
July 9, 2024 • CLE • CLE On-Demand, Download
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This CLE webinar will provide attorneys with an overview of stormwater regulation and permitting issues, then delve into current regulatory developments that may impact facilities that are subject to these requirements.
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PFAS: Responding to Orders to Investigate and Increasing State and Federal Scrutiny
June 18, 2024 • CLE • CLE On-Demand, Download
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This CLE course will prepare environmental counsel for the growing number of perfluoroalkyl or polyfluoroalkyl substances (PFAS) related investigative orders by state and federal regulators. The EPA and state-level agencies target these chemicals, citing their pervasive use and potential for dispers...
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Endangered Species Act Final Rules: Impact on Federal Permitting and Project Development;...
Listing/Delisting Species; Expansive Critical Habitat Designation; Section...
June 11, 2024 • CLE • CLE On-Demand, Download
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This CLE webinar will guide counsel through the three final rules recently released by the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) (collectively, the Services) that extensively revise the regulations implementing Sections 4 and 7 of the Endangered Specie...
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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...
June 6, 2024 • CLE • CLE On-Demand, Download
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This CLE course will guide counsel for buyers, sellers, and lenders in real estate transactions on allocating environmental liability and structuring environmental indemnity agreements to ensure proper coverage for liabilities. The panel will examine key provisions and lessons from historical preced...
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ASTM E1527-21: Implementing the Phase I Environmental Site Assessment Standard Practice
Meeting Appropriate Inquiry Requirements and Limiting CERCLA Liability
June 4, 2024 • CLE • CLE On-Demand, Download
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This CLE course will provide an in-depth look at ASTM E1527-21, the ESA standard now recognized by the EPA as satisfying all appropriate inquiries (AAI) requirements. The panel will examine how this standard has been implemented and its impact on site assessment and the due diligence process since i...
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Waters of the United States Post-Sackett: Current Regulations, Pending Litigation, and the...
May 14, 2024 • CLE • CLE On-Demand, Download
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This CLE webinar will explore the scope of federal jurisdiction under the Clean Water with respect to "waters of the United States" (WOTUS) following the recent U.S. Supreme Court decision in Sackett v. EPA (2023) and subsequent litigation and rulemaking activity. The panel will discuss how counsel...
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CERCLA Liability and Reopened Superfund Sites: PRP Impact, Settlement Consequences, Insura...
April 30, 2024 • CLE • CLE On-Demand, Download
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This CLE webinar will address the implications of ongoing CERCLA liability for potentially responsible parties (PRPs) given the EPA's recent indication that closed Superfund sites may be reopened to address PFAS contamination and due to the new reduced screening levels for lead-contaminated soil. Th...
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EPA Final Rule Targeting Methane Emissions: Covered Entities, Advanced Technology, Third-P...
April 2, 2024 • CLE • CLE On-Demand, Download
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This CLE webinar will guide counsel through the EPA's recently released final rule to drastically reduce methane and other harmful pollutants from the oil and natural gas industry. The panel will discuss covered entities, the use of new and advanced technology for compliance, and the super emitter p...
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CERCLA Statute of Limitations, Preemption, and Allocation: Latest Developments in Superfun...
March 19, 2024 • CLE • CLE On-Demand, Download
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This CLE course will provide guidance and case studies for counsel on CERCLA statute of limitations (including removal vs. remedial measures and cost recovery vs. contribution claims), preemption, and allocation dynamics. The expert panel will also offer "in the trenches" strategies related to manag...
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Conservation Easements: Defending IRS Challenges, Overcoming Audits, Structuring Deed Lang...
Best Practices for Practitioners Amid an Evolving Legal Landscape
February 20, 2024 • CLE • CLE On-Demand, Download
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This CLE course will address how to approach conservation easement donations, considering the significant recent judicial and legislative activity focused in this area, and offer practical guidance on overcoming IRS challenges once presented.
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Navigating EPA’s New and Expansive Climate-Focused Enforcement Initiative: Impact on Case...
Increased Scrutiny; Targeted Industries and Activities; Additional Enforcem...
February 6, 2024 • CLE • CLE On-Demand, Download
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This CLE webinar will guide practitioners through the EPA's recently released Climate Enforcement and Compliance Strategy memorandum outlining one of the agency's most far-reaching climate initiatives to date--prioritizing enforcement activity that will reduce greenhouse gases and other pollutants a...
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Environmental Consent Decrees: Negotiation Strategies, Available Defenses, Modifications,...
January 30, 2024 • CLE • CLE On-Demand, Download
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This CLE course will guide lawyers in 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 the negotiation and drafting of critical consent decree clauses. Th...
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California’s Landmark Climate Disclosure Laws: Preparing Now for Far-Reaching Impact on Pu...
Reporting Entities; Data Requirements; Compliance Timeline; Possible Ripple...
January 9, 2024 • CLE • CLE On-Demand, Download
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This CLE webinar will guide environmental counsel through California's two recently enacted, groundbreaking climate disclosure bills: Senate Bill 253 (SB 253) and Senate Bill 261 (SB 261). The panel will discuss who is impacted and when. The panel will address how these laws compare to the SEC's pen...
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Environmental Due Diligence in M&A Transactions: Identifying Risks, Mitigating CERCLA Liab...
All Appropriate Inquiry, Bona Fide Purchaser Defense, Emerging Issues
December 19, 2023 • CLE • CLE On-Demand, Download
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This CLE course will discuss environmental due diligence in M&A transactions, including the types of environmental risks that can arise, assessing those risks in a transactional context, and certain liability defenses that may be available and obtained through the due diligence process.
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EU Climate Initiatives Impacting Non-EU Companies: Stringent ESG Disclosures, Carbon Taxes...
Why U.S. Companies Should be Preparing for CSRD and CBAM Compliance Now
December 13, 2023 • CLE • CLE On-Demand, Download
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This CLE webinar will provide a detailed discussion of the recent EU climate initiatives Corporate Sustainability Reporting Directive (CSRD) and Carbon Border Adjustment Mechanism (CBAM) and their far-reaching compliance requirements including stringent ESG disclosures, carbon tax payments, and stri...
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EPA's Long-Awaited Final PFAS Reporting Rule: Wide-Ranging Impact, Extensive Reporting Obl...
Expanded PFAS Definition, Twelve-Year Reporting Period, No Small Business o...
December 5, 2023 • CLE • CLE On-Demand, Download
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This CLE webinar will guide practitioners through the EPA's recently released final PFAS reporting rule. The panel will discuss who is subject to the rule, the scope of reportable information, the level of due diligence to be performed by submitters when gathering data, and other requirements. The p...
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EPA Compliance Audit Guidance: New Owner, Voluntary Disclosure, Admission of Liability, Pe...
November 28, 2023 • CLE • CLE On-Demand, Download
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The CLE course will address the EPA's most recent guidance for environmental counsel related to its audit policy. The panel will provide an overview of the EPA's incentives to companies that voluntarily discover their own violations and disclose those violations to the federal government. The panel...
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New NEPA Amendments and CEQ Phase 2 Proposed Rule: Impacts on Federal Project Planning
Procedural Changes; Revised Definitions; Heightened Government Scrutiny
November 14, 2023 • CLE • CLE On-Demand, Download
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This CLE webinar will provide a detailed discussion of the recent NEPA amendments under the Fiscal Responsibility Act of 2023 and the Council on Environmental Quality's (CEQ) Phase 2 proposed rule. The panel will discuss how the amendments attempt to streamline the NEPA review process and how the pr...
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Increased Greenwashing Litigation and ESG Claims Backlash: Regulatory Update, Recent Class...
November 7, 2023 • CLE • CLE On-Demand, Download
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This CLE webinar will discuss the status of federal and state greenwashing regulations, including an update on FTC and SEC regulation and enforcement as well as private litigation activity. The panelists will describe recent noteworthy greenwashing class actions along with considerations for defendi...
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Navigating Post-Closing Environmental Issues in Real Estate Deals: Liability Allocation; D...
October 31, 2023 • CLE • CLE On-Demand, Download
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This CLE course 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 clause...
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EPA Elimination of CAA Affirmative Defenses: New Rule; Case-by-Case Enforcement; Defense I...
October 17, 2023 • CLE • CLE On-Demand, Download
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This CLE webinar will discuss the history of the Clean Air Act's (CAA) affirmative defenses (ADs) and notable court decisions leading to the EPA's gradual elimination of ADs available to defendants including the new rule eliminating the AD for Title V violations in emergency situations. The panel wi...
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Environmental Insurance Coverage Under CGL, Property, and D&O Policies for PFASs, ESG, NRS...
Pollution and Owned-Property Exclusions, Scope of Damages, Property Damage,...
October 3, 2023 • CLE • CLE On-Demand, Download
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This CLE course will provide counsel with a review of current 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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Environmental Issues in Bankruptcy: Reconciling the Conflicting Goals of Bankruptcy and En...
Pre- vs. Post-Petition Claims, Enforcement Actions, Statutory Super Liens,...
September 13, 2023 • CLE • CLE On-Demand, Download
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This CLE course 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 claims...
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Arguing Apportionment Versus Allocation in CERCLA Litigation in Federal Court
September 7, 2023 • CLE • CLE On-Demand, Download
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This CLE course will discuss how recent court decisions have addressed the strategy of pursuing divisibility and apportionment versus an equitable allocation in CERCLA litigation. Experience demonstrates that both the courts and counsel continue to exhibit confusion regarding the application of appo...
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Resolving Superfund Liability and Protecting PRP Interests: Settling and Preserving CERCLA...
PRP Intervention Trends and Developments; Best Practices for CERCLA Settlem...
August 22, 2023 • CLE • CLE On-Demand, Download
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This CLE course will provide counsel advising parties in a contaminated site cleanup with guidance on both protecting the interests of settling potentially responsible parties (PRPs) and, on the other hand, protecting the contribution interests of non-settling PRPs.
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Purchasing Contaminated Properties: Environmental Due Diligence and the ASTM E1527-21 Phas...
July 25, 2023 • CLE • CLE On-Demand, Download
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This CLE webinar will advise environmental counsel on the steps and evaluations when working on the purchase of a contaminated property. The panel will discuss the environmental risks that may affect a property and what type of remediation and risk management can be utilized in assessing the viabili...
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Identifying, Quantifying, Contractually Allocating, and Insuring Against Environmental Lia...
July 20, 2023 • CLE • CLE On-Demand, Download
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This CLE course 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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Clean Water Act Citizen Suits: Defense Litigation and Settlement Strategies
Navigating Notice, Standing, and Jurisdiction; Interpleading Third Parties...
June 27, 2023 • CLE • CLE On-Demand, Download
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This CLE course 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 and regulatory developments that impact citizen suits and provide strategies to manage your clients' expectations and risks whe...
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Structuring Environmental Site Access Agreements: Avoiding Costly Pitfalls
Drafting and Negotiating Scope of Work, Duration, Insurance, and Other Key...
June 20, 2023 • CLE • CLE On-Demand, Download
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This CLE course will examine key provisions for site access agreements, including scope, duration, insurance, and indemnity. 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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Zombie Corporations and CERCLA Liability: Identifying and Pursuing Zombie PRPs
May 9, 2023 • CLE • CLE On-Demand, Download
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This CLE webinar will guide counsel on identifying 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, litigation trends...
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Contaminated Sites and Long-Term Stewardship: Meeting Obligations for Residual Contaminati...
Best Practices for Counsel in Implementing, Maintaining, and Enforcing LTS
April 18, 2023 • CLE • CLE On-Demand, Download
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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.
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EPA and Recent Environmental Justice Developments: NEPA, Changing State Laws, Title VI
April 12, 2023 • CLE • CLE On-Demand, Download
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This CLE webinar will guide environmental counsel on the impact of the National Environmental Policy Act (NEPA), its recent amendments, applicable state law changes, and the recent role of courts. The panel will also examine environmental justice (EJ) trends, applicability of Title VI, establishment...
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Redefining the Waters of the U.S. (WOTUS) Rule: Future Impact of Water Protection, Regulat...
April 4, 2023 • CLE • CLE On-Demand, Download
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This CLE webinar will brief environmental counsel on the recent U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) final rule updating and redefining the "waters of the United States" (WOTUS) under the federal Clean Water Act (CWA). The panel will also offer guid...
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Environmental Litigation: Piercing the Corporate Veil, Alter Ego, and Successor Liability
March 28, 2023 • CLE • CLE On-Demand, Download
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This CLE webinar will provide environmental litigators with an analysis of legal theories that, in unique circumstances, allow private and government litigants to name parent corporations, shareholders, or successors in interest as responsible parties for the ongoing and historical acts of a company...
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CERCLA Bona Fide Prospective Purchaser Defense: Securing and Maintaining Liability Protect...
Strategies for Overcoming BFPP Defense Challenges and Restrictions
March 14, 2023 • CLE • CLE On-Demand, Download
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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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Measuring Environmental Impact: Strategies for Building the E in ESG
Mitigating Risks, Creating Market Differentiation, Providing Competitive Ad...
February 14, 2023 • CLE • CLE On-Demand, Download
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This CLE course will advise environmental attorneys on how to work with corporate counsel and other stakeholders to establish measurements and standards when addressing the environmental practices that can impact a company's performance by mitigating risk, creating market differentiation, and provid...
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PFAS in Wastewater and EPA Proposed Rules: Revising Effluent Limitations Guidelines and Pr...
February 7, 2023 • CLE • CLE On-Demand, Download
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This CLE webinar will address the U.S. Environmental Protection Agency's (EPA's) proposed rules, which are expected to take several years to come to fruition, aiming to reduce per- and polyfluoroalkyl substances (PFAS) in wastewater discharges by revising effluent limitations guidelines (ELGs) and p...
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Leaded Aviation Fuel: EPA Proposed Clean Air Act Endangerment Finding
Avgas: EJ Implications, Lead Emissions, Disadvantaged Communities
January 24, 2023 • CLE • CLE On-Demand, Download
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This CLE webinar will discuss the recent developments related to EPA's proposed finding that lead emissions from certain aircraft engines cause or contribute to lead air pollution that may reasonably be anticipated to endanger public health and welfare under the Clean Air Act. The panel will discuss...
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Allocating CERCLA Liability: Divisibility or Section 113 Equitable Contribution
Assessing Harm, Proving Divisibility of Harm Defense Absent a Bright-Line T...
January 19, 2023 • CLE • CLE On-Demand, Download
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This CLE course 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...
January 3, 2023 • CLE • CLE On-Demand, Download
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This CLE course 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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Recent CERCLA Decisions: Complexities of Contribution Claims, Arranger Liability, Divisibi...
December 6, 2022 • CLE • CLE On-Demand, Download
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This CLE course will discuss the latest key appellate and Supreme Court CERCLA decisions, provide insights into lessons from the courts for environmental counsel and their clients going forward, and offer best practices for handling CERCLA issues.
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Navigating Voluntary Disclosures Under New EPA/OIG Guidance to Mitigate Violations and Pen...
Distinguishing EPCRA From Non-EPCRA Violations
October 11, 2022 • CLE • CLE On-Demand, Download
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This CLE webinar will advise environmental counsel on current EPA policies regarding voluntary self-disclosures. The panel will discuss how the EPA will evaluate EPCRA violations versus non-EPCRA violations and screen non-EPCRA violation disclosures for significant concerns. The panel will address h...
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Agency Regulation After West Virginia v. EPA: Climate Change, Major Questions Doctrine, Fu...
September 27, 2022 • CLE • CLE On-Demand, Download
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This CLE webinar will address the recent SCOTUS decision in West Virginia v. EPA which held that the U.S. Environmental Protection Agency (EPA) had exceeded the authority granted by Congress under the Clean Air Act in issuing limitations on greenhouse gas emissions from power plants. The panel will...
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New EPA Guidance on PFAS and Safe Drinking Water: Health Advisories, Regional Screening Le...
September 20, 2022 • CLE • CLE On-Demand, Download
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This CLE webinar will advise environmental counsel on the new EPA rules related to per- and polyfluoroalkyl substances (PFAS) and safe drinking water standards. The panel will discuss how the reclassification of these chemicals as hazardous substances will affect those standards, regional screening...
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PFAS: State Regulation, Private Litigation, Updated Scientific Analysis, Risks and Liabili...
August 17, 2022 • CLE • CLE On-Demand, Download
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This CLE course will provide environmental counsel with an overview of the recent science, regulatory developments, and practical guidance assessing risks and liabilities related to per- and polyfluoroalkyl substances (PFAS). Discussion will include recent precedent-setting cases and developing legi...
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Environmental Issues in Solar Energy Projects
Pre-Project Environmental Due Diligence, Environmental Impact Review, Feder...
July 12, 2022 • CLE • CLE On-Demand, Download
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This CLE course 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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CERCLA Actions and Statute of Limitations: Navigating the Circuit Split and Lessons From G...
June 1, 2022 • CLE • CLE On-Demand, Download
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This CLE course will guide counsel on applying 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 best practices...
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Groundwater Contamination Litigation: Proving and Defending Against Liability
May 24, 2022 • CLE • CLE On-Demand, Download
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This CLE course will provide environmental counsel with a review of the regulatory structures for groundwater contamination, analyze lessons from recent significant cases, discuss trends related to damage recovery, and outline best practices for proving and defending against liability.
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EPA Rule on Solid and Hazardous Waste: Enforcement and Compliance With 83 Fed. Reg. 24664
Navigating the Regulatory Framework for Hazardous Waste Recycling
May 10, 2022 • CLE • CLE On-Demand, Download
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This CLE course will discuss the implications of the EPA's revised definition of "solid waste" and the regulatory framework for recycling hazardous secondary materials under the Resource Conservation and Recovery Act (RCRA). The panel will walk environmental lawyers through the changes contained in...
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Microplastic Claims: Litigation Under the Clean Water Act and RCRA, Claims Brought in Deri...
May 3, 2022 • CLE • CLE On-Demand, Download
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This CLE webinar will examine microplastics litigation. The panel will discuss recent cases that have been brought under the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA) and the unique circumstances when claims have been brought by shareholders in derivative lawsuits again...
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State Regulation of PFAS in Drinking Water: Testing, Restrictions, and Liability in Califo...
Implementation of Local Regulations While EPA Proposals Stall
March 31, 2022 • CLE • CLE On-Demand, Download
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This CLE webinar will provide environmental counsel with an update on the state restrictions and regulations on per- and polyfluoroalkyl substances (PFAS) contamination and drinking water levels. The panel will discuss how to navigate these intersecting restrictions and how companies can meet testin...
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Fixed-Price Cleanups: Using Captives and Other Cost Cap Alternatives
Lessons From Accomplished FPCs, When and Why to Use CCAs, and the Mechanics...
January 11, 2022 • CLE • CLE On-Demand, Download
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This CLE course will review the legal mechanics and technical prerequisites 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...
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Climate Change and Extreme Weather Events: Mitigating Risks and Emergency Response Plannin...
Release Reporting, Site Remediation, Permits and Emergency Authorizations
November 16, 2021 • CLE • CLE On-Demand, Download
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This CLE course will advise environmental counsel on the legal considerations and management of issues presented by catastrophic weather events and climate change. The panel will discuss creating emergency response plans for weather, impacts on regulatory standards and response to upset conditions,...
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Greenhouse Gas Regulation: Pollutant-Specific Contribution Rules, Emission Taxes, Cap and...
Social Cost of Carbon, Paris Treaty, Proposed EPA Action
July 14, 2021 • CLE • CLE On-Demand, Download
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This CLE course will advise environmental counsel on current issues related to greenhouse gas emissions and regulation. The panel will address both the issues of gas sources and trends and the legislative initiatives, including the pollutant-specific significant contribution rules, SEC climate discl...
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Environmental Justice and Biden Executive Orders: Addressing Climate Change, Ensuring Acce...
New White House Environmental Justice Advisory Council and Interagency Coun...
May 25, 2021 • CLE • CLE On-Demand, Download
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This CLE course will provide environmental counsel with the current Biden administration executive actions that address climate change and environmental justice. The panel will review how the current administration has acted via the White House and the EPA to require regulated entities to analyze th...
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Mitigating Risks of Ethylene Oxide Litigation and Enforcement: EPA Action Under Biden Admi...
Prioritizing High-Risk Communities, Reducing EO Emissions, Addressing Envir...
May 11, 2021 • CLE • CLE On-Demand, Download
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This CLE course will guide environmental counsel regarding the current EPA activities and attention to ethylene oxide (EO) litigation and enforcement. The panel will address how to assess and mitigate company risk, particularly using a privileged assessment and other best practices to prepare for li...
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Environmental Damage Claims Under the Federal Tort Claims Act: Examining Nanouk v. United...
Litigating the Discretionary Function Exception
February 25, 2021 • CLE • CLE On-Demand, Download
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This CLE course will advise environmental attorneys on the statutory analysis outlined in the Ninth Circuit's decision in Nanouk v. U.S. The panel will discuss the Federal Tort Claims Act (FTCA), the limitations of sovereign immunity, and the requirements to prove monetary damages.
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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, Civi...
December 16, 2020 • CLE • CLE On-Demand, Download
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This CLE course 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 chemical...
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Insurance Recovery for Environmental Liability: Occurrences, Triggers, Exclusions, and Cov...
December 9, 2020 • CLE • CLE On-Demand, Download
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This CLE course will guide counsel to companies seeking insurance recovery for environmental liabilities. The panel will offer strategies for recovery under general liability and specialized insurance policies when environmental issues arise.
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CEQA and Environmental Impact Reports: 2020 Cases, Standards, Mitigation Measures, Exempti...
Current Requirements for Project Approval, Environmental Protection and Com...
November 11, 2020 • CLE • CLE On-Demand, Download
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This CLE course 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 de...
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Environmental Issues in the Cannabis Industry: Evolving Regulations and Litigation for Mar...
November 4, 2020 • CLE • CLE On-Demand, Download
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This CLE course will address environmental law issues impacting the cannabis industry. The panel will discuss ongoing state agency enforcement actions, private litigation, and state law such as California's Prop 65. The panel will discuss myriad environmental regulations--including those for pestici...
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Climate Change Litigation: Juliana v. U.S., Constitutional Claims, International Cases, Co...
October 7, 2020 • CLE • CLE On-Demand, Download
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This CLE course will provide environmental, constitutional, and civil rights counsel with an overview of climate change litigation in the U.S. and abroad while addressing the holdings of the Juliana vs. U.S. decision and the state of environmental rights litigation.The panel will further look at lit...
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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
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This CLE course 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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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
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This CLE course 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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Environmental Regulatory Update: State Action, Federal Exemptions, Spill Reporting, Superf...
June 10, 2020 • CLE • CLE On-Demand, Download
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This CLE course will provide information on the federal and state guidelines related to continued environmental regulation, remediation, and enforcement in the wake of the COVID-19 pandemic.
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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
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This CLE course 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 l...
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CERCLA Litigation Liability Update: New Cases, New Twists
April 30, 2020 • CLE • CLE On-Demand, Download
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This CLE course 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 impa...
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Settling CERCLA Cases: Executing an Effective Strategy
Resolving CERCLA Litigation and Minimizing the Threat of Future RCRA Citize...
March 26, 2020 • CLE • CLE On-Demand, Download
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This CLE course 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 sett...
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Mitigating Vapor Intrusion Risks: Protecting Interests in Real Estate Transactions
Navigating Interplay Between Federal and State Requirements, Evaluating Imp...
February 20, 2020 • CLE • CLE On-Demand, Download
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This CLE course 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 understand...
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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...
November 14, 2019 • CLE • CLE On-Demand, Download
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This CLE course 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 up...
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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 Volu...
August 8, 2019 • CLE • CLE On-Demand, Download
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This CLE course 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 less...
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Reducing Liability Uncertainty When Redeveloping Environmentally Challenged Property: Fede...
August 8, 2019 • CLE • CLE On-Demand, Download
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This CLE course will provide practical guidance to in-house real estate and environmental counsel on the similarities and differences between federal and state liability protections available under CERCLA, RCRA, and their state law counterparts; best practices for choosing (where possible) which pro...
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Brownfields Redevelopment After the BUILD Act: New Opportunities and Potential Challenges
New Exemptions; Enhanced Protections for Lessees; Expanded Federal Brownfie...
July 25, 2019 • CLE • CLE On-Demand, Download
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This CLE course 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 impedim...
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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...
July 11, 2019 • CLE • CLE On-Demand, Download
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This CLE course 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 com...
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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 Co...
May 23, 2019 • CLE • CLE On-Demand, Download
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This CLE course 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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Mitigating Environmental Liability From Construction Debris and Contaminated Soil
Leveraging Contractual Indemnity, Developing Waste Management Plan, Determi...
February 12, 2019 • CLE • CLE On-Demand, Download
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This CLE course 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 f...
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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
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This CLE course 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--base...
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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
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This CLE course 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 comp...
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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 Discharge...
June 28, 2018 • CLE • CLE On-Demand, Download
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This CLE course 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 compa...
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Climate Change Litigation: Recent Developments, Novel Theories and Emerging Trends
May 22, 2018 • CLE • CLE On-Demand, Download
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This CLE course 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.
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Conservation Easements: Structuring Effective Documents and Enforcing Terms and Conditions
Due Diligence and Development Rights, Challenges in Amending and Enforcing...
April 10, 2018 • CLE • CLE On-Demand, Download
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This CLE course 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 enforcin...
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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
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This CLE course 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 reques...
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NRD Recovery Under CERCLA and OPA: What to Expect in 2018
December 20, 2017 • CLE • CLE On-Demand, Download
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This CLE course 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
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This CLE course 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 landlo...
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Private Enforcement of U.S. Environmental Laws: Standing Challenges Amid Divergent Circuit...
November 15, 2017 • CLE • CLE On-Demand, Download
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This CLE course 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 deci...
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Natural Resource Damages Assessment: Valuing and Contesting NRD Injury and Damages
Methods for Determining and Quantifying Injury and Damages, Evaluating Coop...
October 3, 2017 • CLE • CLE On-Demand, Download
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This CLE course 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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CERCLA and Tenants as Bona Fide Prospective Purchasers: Obtaining and Maintaining BFPP Sta...
August 29, 2017 • CLE • CLE On-Demand, Download
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This CLE course 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.
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Conservation Easement Due Diligence: Navigating IRS Approval, Appraisals, Phase 1 Assessme...
Effective Due Diligence Approaches for Easement Grantors and Grantee Conser...
August 1, 2017 • CLE • CLE On-Demand, Download
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This CLE course 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 U...
July 18, 2017 • CLE • CLE On-Demand, Download
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This CLE course 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 suits...
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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 A...
May 10, 2017 • CLE • CLE On-Demand, Download
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This CLE course 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 under...
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Identifying and Managing Environmental Risks in Commercial Transactions
Identifying, Quantifying and Allocating Potential Liabilities and Long-Term...
February 9, 2017 • CLE • CLE On-Demand, Download
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This CLE course 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 de...
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Endangered Species Act Compliance in Project Development and Land Use
Mitigating Risks to Minimize Delays, Costs for Relocation, Additional Surve...
October 6, 2016 • CLE • CLE On-Demand, Download
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This CLE course 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 how...
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Navigating Jurisdictional Determinations Under the Clean Water Act: Impact of U.S. Army Co...
September 29, 2016 • CLE • CLE On-Demand, Download
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Strafford All-Access Pass.
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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...
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Conservation Easement Amendments: Navigating Amendment Mechanisms, Overcoming Challenges a...
September 21, 2016 • CLE • CLE On-Demand, Download
This program is included with the
Strafford CLE Pass.
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This program is included with the
Strafford All-Access Pass.
Click for more information.
This CLE course 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 rec...
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Navigating the Newly-Overhauled Toxic Substances Control Act
Preparing for TSCA Implementation: Understanding the New Requirements, Dead...
August 3, 2016 • CLE • CLE On-Demand, Download
This program is included with the
Strafford CLE Pass.
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This program is included with the
Strafford All-Access Pass.
Click for more information.
This CLE course 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 la...
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Renewable Energy and Corporate PPAs: Overcoming Regulatory, Financing, Intercreditor, Tax...
July 20, 2016 • CLE • CLE On-Demand, Download
This program is included with the
Strafford CLE Pass.
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This program is included with the
Strafford All-Access Pass.
Click for more information.
This CLE course 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 practi...
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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 Reform...
June 15, 2016 • CLE • CLE On-Demand, Download
This program is included with the
Strafford CLE Pass.
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This program is included with the
Strafford All-Access Pass.
Click for more information.
This CLE course 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 fo...
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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 program is included with the
Strafford CLE Pass.
Click for more information.
This program is included with the
Strafford All-Access Pass.
Click for more information.
This CLE course 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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