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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 Environmental Justic...
May 11, 2021 CLE CLE On-Demand, Download

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... Read More

Negotiating Consent Decrees for Environmental Violations: Critical Strategies for Modifyin...
March 30, 2021 CLE CLE On-Demand, Download

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

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 CLE On-Demand, Download

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 developments that impact citizen suits and provide strategies to manage your clients' expectations and risks when facing citize... Read More

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

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. Read More

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 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... Read More

Climate Change Litigation: Juliana v. U.S., Constitutional Claims, International Cases, Co...
October 7, 2020 CLE CLE On-Demand, Download

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... Read More

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 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... Read More

Environmental Litigation: Piercing the Corporate Veil, Alter Ego, and Successor Liability
March 4, 2020 CLE CLE On-Demand, Download

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

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

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 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... Read More

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

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

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

This CLE 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. Read More

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

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... Read More

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

This CLE 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... Read More

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

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

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

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

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

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

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 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 counse... Read More

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

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

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

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

This CLE course 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 developin... Read More

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

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

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

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

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

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