PLAY RECORDING

Overview:

The shift of administration has prompted sweeping changes in the direction of U.S. environmental policy. Several regulatory actions with a significant focus on climate change, environmental justice, chemical regulation, and water regulation have already been proposed or finalized at both state and federal levels. Similarly, more frequent environmental inspections and heightened enforcement efforts are expected in the coming months. Thus, it is even more important for regulated industries to keep abreast of current and emerging developments and implement thorough protocols and compliance programs.

Listen to a panel of key thought leaders and distinguished professionals assembled by The Knowledge Group as they provide a comprehensive discussion of the up-to-date trends and developments in environmental regulation. Speakers will also discuss critical issues, enforcement priorities, and offer practical strategies to help companies successfully navigate through the shifting paradigm of environmental law.

Key topics include:

  • Environmental Regulations: Trends and Developments
  • Proposed and Recently Finalized Regulations
  • Critical Issues and Challenges
  •  Best Compliance Practices
  •  A Regulatory Outlook

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Pre-requisite:

General knowledge of environmental law

 

Course Code:

149463

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.5 CLE


How to Claim CLE Credits Per State:

https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/


CLE State Requirements:

https://knowledgewebcasts.com/cle-state-requirements/

Speaker Panel:

Gerald L. Pouncey Jr., Chairman
Morris, Manning, & Martin, LLP

Gerald L. Pouncey, Jr. is the Chairman of Morris, Manning & Martin, LLP and also heads the Environmental and Infrastructure Practice. His primary focus is the acquisition, disposition and/or the redevelopment of properties with significant environmental impact (including state and federal superfund sites), mergers, investments and financing related to such properties and the development and implementation of green energy technologies and strategies. He lectures nationally on these topics.

Mr. Pouncey has led efforts in the permitting, financing, acquisition, redevelopment and regulatory closure of numerous industrial properties, mines and landfills throughout the United States including a former wood treating facility in South Florida, a former airplane manufacturing facility in New York, former Department of Defense facilities, several former automobile assembly plants across the country, a former granite mine in Maryland, a former chrome ore smelting facility in Charleston, South Carolina, a former oil field in California and numerous other similar projects. Included with these projects is the Atlantic Station Redevelopment in Atlanta, a project that was recognized by the U.S. Environmental Protection Agency as the nation’s best Brownfield redevelopment. Mr. Pouncey has also led efforts in the expansion and redevelopment of various port facilities.

Mr. Pouncey is the principal author of Georgia’s brownfield legislation. Mr. Pouncey is the past Chairman of the Board of Directors for the Council for Quality Growth, the Georgia Brownfield Association, the Walker School and Cobb Landmarks and Historical Society. He is a board member of the North Georgia and Metropolitan Atlanta Water Management District. Mr. Pouncey also serves on the Board of Directors for the Georgia Chamber of Commerce.

Mr. Pouncey has been voted as one of America’s Leading Lawyers for Business by Chambers USA and honored as a “Georgia Super Lawyer” by Atlanta magazine. Mr. Pouncey is listed as Who’s Who in the Law by Atlanta Business Chronicle. He was selected by his peers as one of Georgia Trend’s Legal Elite and as a member of The Best Lawyers in America in the specialty of Environmental Law. The Best Lawyers in America also named him Environmental Lawyer of the Year for 2017. He was also honored by the National Law Journal in 2016 as an Energy and Environmental Trailblazer. In 2019 and 2020, Mr. Pouncey was named by Atlanta Magazine as one of Atlanta’s 500 most influential leaders.

David Fotouhi, Partner
Gibson, Dunn & Crutcher LLP

David Fotouhi is a partner in the Washington D.C. office of Gibson Dunn & Crutcher and recently rejoined the firm after serving as Acting General Counsel at the EPA, where he led an office of 245 attorneys and staff. Mr. Fotouhi played a critical role in developing the litigation strategy to defend the Agency’s actions from judicial challenge. He combines his expertise in administrative and environmental law with his litigation experience and a deep understanding of EPA’s inner workings to represent clients in enforcement actions, regulatory challenges, and other environmental litigation.

Ari S. Lewis, M.S., Principal
Gradient

Ari Lewis is a Principal at Gradient, an environmental and product safety consulting firm.  With almost 20 years of experience in toxicology and risk assessment, she has led risk evaluations in a variety of contexts, including product safety evaluations, regulatory comment, green chemistry assessments, and support for the utility and mining industries. She also has particular expertise in cumulative risk assessment issues, which includes the consideration of non-chemical stressors (i.e., social factors) in vulnerable populations. In this capacity, Ms. Lewis has both published and presented on the intersection of human health risk assessment and environmental justice issues. Before joining Gradient, Ms. Lewis earned her M.S. at Cornell University; her thesis project investigated the molecular and cellular responses to arsenic exposure during early animal development.

Agenda:

SEGMENT 1:

Gerald L. Pouncey Jr., Chairman

Morris, Manning, & Martin, LLP

  • Enforcement Actions Related to PFAS/PFOA
    • EPA’s recent steps to address PFAS/PFOA, as well as the states that are beginning to regulate PFAS/PFOA.
    • ASTM International is amending its Phase I ESA language to reference PFAS, beginning December 2021.  Similar to the addition of vapor intrusion to the ASTM standard, this is expected to cause an increased focus on PFAS and potentially result in more testing for PFAS.
  • Waters of the United States
    • The recent history of the change in the definition of Waters of the United States, including the 2020 WOTUS Rule and the recent announcement of returning to pre-2015 Waters of the United States implementation while the Biden Administration writes a new rule.
    • The application of the “functional equivalent” language following County of Maui v. Hawai’i Wildlife Fund, including the interpretation of this provision in light of January 2021 EPA guidance and recent court decisions.
  • Removal of Sites from Superfund
    • The prioritization of removing sites from the Superfund list during the prior administration, the success of these efforts, and whether this priority will continue under the new administration.

SEGMENT 2:

David Fotouhi, Partner

Gibson, Dunn & Crutcher LLP

  • Recent regulatory developments addressing greenhouse gas emissions, including a discussion of EPA’s efforts to regulate methane emissions from new and existing sources in the oil and gas sector, greenhouse gas emissions from coal-fired power plants, and greenhouse gas emissions from new light duty cars and trucks.
  • Recent regulatory developments addressing emissions of criteria pollutants, including a discussion of EPA’s efforts to update the National Ambient Air Quality Standards for particulate matter and ozone, the revised Cross-State Air Pollution Rule Update, and pending residual risk and technology reviews.
  • Changes and trends in EPA’s approach to Clean Air Act enforcement, including a discussion of EPA’s recent use of emergency authority and inclusion of supplemental environmental projects in enforcement settlements.

SEGMENT 3:

Ari S. Lewis, M.S., Principal

Gradient

The presentation will provide overview of environmental justice and its intersection with the development of health-based regulations. This will include:

  • Trends in the consideration of environmental Justice concerns in state and federal health-based regulations
  • The key risk factors that are considered in an environmental justice analysis
  • The tools and guidance currently available to evaluate environmental justice concerns
  • The key scientific considerations for in incorporating EJ factors into chemical risk assessment

Date & Time:

Monday, July 26, 2021

12:00 pm to 1:30 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Environmental Lawyers
  • Energy Regulatory Lawyers
  • Directors and Officers
  • Compliance Officers
  • Risk Assessment Managers
ImageNameCategory

SPEAKERS

Gerald L. Pouncey Jr.Chairman
Morris, Manning, & Martin, LLP
David FotouhiPartner
Gibson, Dunn & Crutcher LLP
Ari S. Lewis, M.S.Principal
Gradient

SUBSCRIPTION PACKAGES

ALL-ACCESS PASS

View Details

CLE LAW MONTHLY

View Details

CPE FINANCE MONTHLY

View Details

Join Over 150,000 Professionals Empowering Their Careers

Learn anywhere from over 1800+ live and recorded CLE CPE & Technology webcasts.