Serving the energy industry for over 30 years
By - Jon Brown

Environmental Law & Litigation 101 for Electric Utilities
September 10, 2020 | Online :: Central Time

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Overview

This one-day course will offer a wide perspective on nine different environmental legal areas of interest for electric utilities. These topic areas affect a wide range of disciplines and personnel within a utility and will be a satisfying overview of up-to-date changes and status of rules affecting each topic area. The areas discussed as part of this course are: the Clean Air Act, Climate Change and Greenhouse Gas Regulation, Clean Water Act, National Environmental Policy Act and Endangered Species, Solid and Hazardous Waste Management, Spill and Release Notifications, Agency Enforcement, Environmental Tort Litigation and Environmental Citizen Suits, and Emergency Planning and Community Right to Know and Release Notification.

Those last three topics are of interest to individuals as they can impact all the other areas discussed. Agency enforcement will address the regulatory and statutory enforcement authority of EPA and DOJ of the various rules while the Tort Ligation and Citizen Suits will review what a utility should know in these situations and wrapping up the day, the Emergency Planning and Community Right to Know section covers what a utility needs to know in regards to the reporting and sharing of information regarding chemicals and toxic substances on their sites.

Attendees to this course will walk away with a better understanding of the issues and challenges within these nine environmental law areas as they apply to electric utilities and their operations.

Learning Outcomes         

  • Review the history and current components of the Clean Air Act
  • Discuss greenhouse gas regulation in the United States and the correlation to climate change
  • Detail the various components that make up the Clean Water Act and their effect on electricity production
  • Review the updated Endangered Species Act and in-progress revisions to the National Environmental Policy Act
  • Engage in a review of solid and hazardous waste management issues for utilities
  • Cover in detail the spill and release reporting requirements for utilities under the Toxic Substances Control Act (TSCA)
  • Address the regulatory and statutory enforcement authority of the EPA and DOJ in these matters
  • Discuss claims insights and defense opportunities within Environmental Tort Litigation and Environmental Citizen Suits
  • Review the scope of and critical information within the Emergency Planning and Community Right to Know (EPCRA)

Credits

AP_Logo

EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET).  In obtaining this accreditation, EUCI has demonstrated that it  complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard.

EUCI is authorized by IACET to offer 0.6 CEUs for this event.

 

Requirements for Successful Completion of Program

Participants must log in and be in attendance for the entirety of the course to be eligible for continuing education credit.

Instructional Methods

Case studies, PowerPoint presentations, and group discussion will be used in this event.

Agenda

Thursday, September 10, 2020 Central Time

9:00 – 9:15 a.m. :: Log In


9:15 – 10:05 a.m. :: Clean Air Act Overview

This presentation will review the most important developments under the Clean Air Act impacting utilities.  This overview and status update will address Mercury and Air Toxic Standards(MATS), Cross-State Air Pollution Rule (CSAPR), Regional Haze Rule, and the Affordable Clean Energy (ACE) Rule.

Michael Nasi, Partner – Environmental & Legislative Practice Group, Jackson Walker L.L.P.


10:05 – 10:50 a.m. :: Climate Change and Greenhouse Gas Regulation (GHG)

This session will cover greenhouse gas regulation in the United States, including regulation under the Clean Air Act, state regulation, and efforts through the courts to force regulation. The session will cover relevant history, the current state of greenhouse gas regulation, and where we can expect to be headed in the future.

Allison Wood, Partner, McGuireWoods

10:50 – 11:00 a.m. :: Morning Break


11:00 – 11:45 a.m. :: Clean Water Act

This presentation will explain  the various components that make up the Clean Water Act and what utilities should know. Topics covered will be: NPDES permitting, CWA section 401 certification, NWP 12 issues, ELGs, and Citizen Suits and enforcement issues.

Nash Long, Partner, Hunton Andrews Kurth LLP


11:45 a.m. – 12:20 p.m. :: National Environmental Policy Act and Endangered Species

This discussion will describe the key aspects of NEPA and the Endangered Species Act.  The Endangered Species Act regulations were recently updated and revisions to the National Environmental Policy Act are underway, and this session will cover these changes and review the implications for utility projects and permitting.  This session also will discuss recent court decisions relating to ESA and NEPA requirements for utility projects, and specifically pipelines.

Andrea W. Wortzel, Troutman Sanders

12:20 – 1:00 p.m. :: Lunch Break


1:00 – 1:45 p.m. :: Solid and Hazardous Waste Management

This discussion will cover a wide scope of topics within solid and hazardous waste management to include: scope of RCRA, differences from CERCLA, solid wastes, hazardous wastes, defining solid and hazardous wastes, requirements for hazardous waste management, treatment, storage and disposal requirements and RCRA citizen suits.

Kimberley Hale, Partner, Kazmarek Mowrey Cloud Laseter


1:45 – 2:20 p.m. :: TSCA Spill and Release Notifications

This presentation will cover spill and release reporting requirements for utilities under the Toxic Substances Control Act (TSCA). We will discuss what releases these requirements apply to, to what agencies the information should be reported, and what are some best practices in this area.

Rachel Roberts, Associate, Beveridge & Diamond PC

2:20 – 2:30 p.m. :: Afternoon Break


2:30 – 3:00 p.m. :: Agency Enforcement: Law and Strategies

This discussion will be addressing the regulatory and statutory enforcement authority of U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ),  the ability to request information and the related duties to respond, the various types of enforcement actions (administrative, civil, and criminal) and strategies in responding to each, and the fines and penalties associated with the enforcement authorities.

Blaine Rawson, Shareholder at Ray, Quinney & Nebeker


3:00 – 3:45 p.m. :: Environmental Tort Litigation and Environmental Citizen Suits: Claims and Defenses

We will review and discuss an overview of civil litigation, torts, nuisance, negligence, trespass, strict liability, causation, experts, Citizen Suits, class actions and mass torts and damages and injunctive relief

Douglas A. Henderson, Partner, King & Spalding, LLP


3:45 – 4:20 p.m. :: Emergency Planning and Community Right to Know (EPCRA) and Release Notification

This discussion will review the scope of EPCRA while covering the following topics: EPA notification requirements, release reporting and notification, 15-minute rule, EPCRA enforcement, state requirements, permit notifications and EPCRA best practices

Emily C.  Gerhardt, Senior Counsel, Environmental Policy and Litigation, Southern Company

4:20 – 4:30 p.m. :: Wrap Up

Instructors

  • Emily C.  Gerhardt, Senior Counsel, Environmental Policy and Litigation, Southern Company

  • Kimberley Hale, Partner, Kazmarek Mowrey Cloud Laseter

  • Douglas A. Henderson, Partner, King & Spalding, LLP

  • Nash Long, Partner, Hunton Andrews Kurth LLP

  • Michael Nasi, Partner – Environmental & Legislative Practice Group, Jackson Walker L.L.P.

  • Blaine Rawson, Shareholder at Ray, Quinney & Nebeker

  • Rachel Roberts, Associate, Beveridge & Diamond PC

  • Allison Wood, Partner, McGuireWoods

  • Andrea W. Wortzel, Troutman Sanders

Online Delivery

We will be using Microsoft Teams to facilitate your participation in the upcoming event. You do not need to have an existing Teams account in order to participate in the broadcast – the course will play in your browser and you will have the option of using a microphone to speak with the room and ask questions, or type any questions in via the chat window and our on-site representative will relay your question to the instructor.

  • You will receive a meeting invitation will include a link to join the meeting.
  • Separate meeting invitations will be sent for the morning and afternoon sessions of the course.
    • You will need to join the appropriate meeting at the appropriate time.
  • If you are using a microphone, please ensure that it is muted until such time as you need to ask a question.
  • The remote meeting connection will be open approximately 30 minutes before the start of the course. We encourage you to connect as early as possible in case you experience any unforeseen problems.

Register

Please Note: This event is being conducted entirely online. All attendees will connect and attend from their computer, one connection per purchase. For details please see our FAQ

If you are unable to attend at the scheduled date and time, we make recordings available to all registrants for three business days after the event

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