2019 草榴社区 Environmental Law Journal Blank Rome LLP Symposium, 2/8
"Strategies to Address Uncertainty and Transition in Environmental Law"
Environmental law, like many other regulatory areas, is rife with uncertainties, which are exacerbated by political transitions. The Obama Administration implemented significant regulatory changes, many of which the Trump Administration is now attempting to reverse. Courts have set aside regulations issued under both Administrations, adding to the uncertainty. Meanwhile, emerging problems, such as concerns about the chemical perfluorooctane sulfonate in groundwater, are generating public concern and litigation, without clear regulatory guidance.
At the 2019 草榴社区 Environmental Law Journal Blank Rome LLP Symposium, representatives from private practice, government agencies, and nonprofit organizations will discuss strategies they use to manage regulatory uncertainty and transition for their clients.
The symposium takes place on Friday, February 8, 2019 from 8:30 a.m. to 1 p.m. in the Laurence E. Hirsch '71 Classroom (Room 101) of the 草榴社区 Charles Widger School of Law (299 North Spring Mill Road, 草榴社区). This program is approved by the Pennsylvania Continuing Legal Education board for 3.5 substantive CLE credits.
Schedule
9:00 鈥� 10:00 a.m.: Opening Remarks
, Principal, Beveridge & Diamond, former Assistant Attorney General for the Environment & Natural Resources Division
10:00 鈥� 10:55 a.m.: Waters of the United States
, Staff Attorney, PennFuture
, Principal, Beveridge & Diamond, former Assistant Attorney General for the Environment & Natural Resources Division
, Partner, Warren Environmental Counsel LLC
11:05 鈥� 11:55 a.m.: Climate Change Regulation
, Director, PennFuture Energy Center, PennFuture
, Deputy Commissioner, New Jersey Depatment of Environmental Protection
, Senior Manager, Environmental Policy & Wholesale Market Development, Exelon
11:55 a.m. 鈥� 12:45 p.m.: Contaminants of Emerging Concern
, Partner, Manko Gold Katcher Fox LLP
, Principal Consultant, Terraphase Engineering
, Associate, Greenberg Traurig LLP
Waters of the United States
Waters of the United States (WOTUS) Rulemaking: Rulemaking Process, Envtl. Prot. Agency.
Definition of "Waters of the United States": Rule Status and Litigation Update, Envtl. Prot. Agency.
Clean Water Rule Definition of 鈥淲aters of the United States鈥� 80 Fed. Reg. 37,054 (June 29, 2015).
Definition of 鈥樷�榃aters of the United States鈥欌�欌�擱ecodification of Pre-Existing Rules 81 Fed. Reg. 33,250 (May 25, 2016).
Pre-publication Version of Revised Definition of 鈥淲aters of the United States鈥� Proposed Rule
Rapanos v. United States, 547 U.S. 718 (2006).
Solid Waste Agency of N. Cook Cty. v. United States Army Corps of Engineers, 531 U.S. 161 (2001).
United States v. Riverside Bayview Homes, Inc., 474 U.S. 122 (1985).
Supreme Court Evaluates Judicial Review of Clean Water Act Jurisdictional Determinations, Marten L. (April 20, 2016),.
Definition of 鈥淲aters of the United States鈥� Under the Clean Water Act, Envtl. Prot. Agency, .
Climate Change Regulations
Clean Power Plan Proposed Rule: Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations 80 Fed. Reg. 64,966 (Oct. 23, 2015).
Clean Power Plan Guidelines: Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units 80 Fed. Reg. 64,662 (Oct. 23, 2015).
Promoting Energy Independence and Economic Growth: Exec. Order No. 13,783, 82 Fed. Reg. 16,093 (Mar. 31, 2017).
Withdrawal of Clean Power Plan Proposed Rule: Withdrawal of Proposed Rules: Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations; and Clean Energy Incentive Program Design Details 82 Fed. Reg. 16,144 (Apr. 3, 2017).
Gary Bryner, The Rapid Evolution of Climate Change Law, 20 Utah B. J. 2, 22-26 (2007).
Yumehiko Hoshijima, Presidential Administration and the Durability of Climate--Consciousness, 127 Yale L. J. 1, 170-244 (2017).
Cale Jaffe, Melting the Polarization Around Climate Change, 30 Georgetown Envtl. L. Rev. 1, 455-97 (2018).
William H. Rodgers, Jr., Andrea K. Rodgers, Commentary: The Revival of Climate Change Science in U.S. Court, 6 Wash. J. of Envtl. L. & Pol'y 2, 533-41 (2016).
J. David, Trump Moves to Let States Regulate Coal Plant Emissions, NPR (Aug. 21, 2018), .
Emerging Contaminants Panel
PFAS What You Need to Know Infographic, Envtl. Prot. Agency.
Overview of Federal PFAS Laws
Lifetime Health Advisories and Health Effects Support Documents for Perfluorooctanoic Acid and Perfluorooctane Sulfonate 81 Fed. Reg. 33,250 (May 25, 2016).
Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances; Significant New Use Rule 80 Fed. Reg. 2,855 (Jan. 21, 2015)
Envtl. Prot. Agency, Technical Fact Sheet: Draft Toxicity Assessments for GenX Chemicals and PFBS (2018).
PFAS: What They Are, Pa Dep鈥檛 of Envtl. Prot. (last visited Jan. 31, 2019)
Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Action Team: Pa. Exec. Order No. 2018-08 (Sept. 19, 2018).
Tom Wolf & Patrick McDonnell, Introduction to Per and Poly Fluoroalkyl Substances (PFAS) (2018).
Contaminants of Emerging Concern, N.J. Dep鈥檛 of Envtl. Prot.
U.S. Dep鈥檛 of Health and Human Servs., Toxicological Profile for Perfluoroalkyls: Draft for Public Comment (June 2018).
Nikki Delude Roy, David Gold, Rachel Jacobson, Heidi Ruckriegle, Regulatory Challenges Posed By Emerging Contaminants, 20 Water Resources Committee Newsletter 1, 1-5 (2018).
Matthew Thurlow, Russ Abell, Stephen Zemba, PFAS Contamination Remains a Hot-Button Issue: Overview of Recent Regulatory, Litigation, and Technical Developments, Am. B. Ass鈥檔, (Sept. 21, 2018), .
Basic Information on PFAS, Envtl. Prot. Agency, (last visited Feb. 1, 2019).
