$425 - Full-time Environmental Public Interest Lawyer
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Registration is open! Reserve your seat now for the top environmental law event of the year
Gathering ground to attorneys in private practice and public service, engineers, consultants, professors, and scientists, this event puts you in the hot seat: learn, network, exchange, debate!
Customize your CLE: design a program suited to your specific needs
Reap the benefits all year long, with a program designed by you, for you! With nearly 40 exciting workshops from which to choose, you can hone in on those sessions that are most important to your practice. Choose individual sessions or follow a track.
Revitalize & energize your practice!
Your attendance nets you year-long benefits:
Delve into unexplored areas of environmental law
Seek out the advanced-level classes to revitalize your practice.
Stay current by heading for the sessions that offer legislative and regulatory updates.
Set yourself apart from your colleagues: learn proactive strategies for balancing green against green.
Forget social media; there is just no better networking in the state!
Build up your practice with sessions from a variety of exciting areas:
Oil & gas
Technical support for your practice
Special areas of interest
Wrapped Up in Your Two-Day Registration Package
Cutting edge concepts
Top notch reference manual
12 CLE credits (including ethics!)
Smartphones, mobile devices, tablets, laptops—bring them along for instant access to slides and supplemental materials!
Wednesday's Opening Remarks/Keynote Address
Patrick McDonnell Acting Secretary PA DEP
Patrick McDonnell was most recently the director of policy for the Pennsylvania Department of Environmental Protection, where he oversaw the agency's regulation and policy development processes. In addition, he ran the State Energy Office and was charged with coordination of renewable energy and energy efficiency issues. Prior to returning to DEP, Mr. McDonnell was executive policy manager for former Commissioner Pamela A. Witmer of the Pennsylvania Public Utility Commission, focusing on electric, natural gas and water issues as well as cybersecurity and the impact of environmental regulation on energy markets. Previously, Mr. McDonnell spent 13 years with DEP in a variety of roles. As deputy secretary for administration, he managed the budget, human resources, information technology and oversaw the facilities management functions of the agency. He also previously served as policy director and as an assistant to the special deputy secretary. He began his career at DEP working in the State Energy Office on energy efficiency, renewable energy, and green building projects.
During Wednesday’s Luncheon
Recognition of Pro Bono Participants In 1998, the Bar Association approved a request from the Environmental and Energy Law Section to create an environmental pro bono program, linking bar members and technical consultants with qualified low-income clients in matters before the Environmental Hearing Board. During the luncheon program on Wednesday, the Section, together with the Environmental Hearing Board, will recognize the service of Fair Shake Environmental Legal Services and Morgan Lewis and Bockius LLP who have participated in this program and have contributed to its success in the last year.
PLUS Award The Environmental and Energy Law Section of the Pennsylvania Bar Association established and coordinates the PBA’s Pennsylvania Lawyers United for Sustainability (“PLUS”) Program. The PLUS Program affords private and public attorneys an opportunity to demonstrate their commitment to environmental sustainability in their professional practices. Join the PBA EEL Section and the Environmental Hearing Board Judges as they present their annual Law Office Sustainability Program recognition for 2017 to the PA Bar Association and the PA Bar Institute.
Workshop choices will determine whether credits are in substantive law, practice and procedure or ethics.
Major Federal Environmental Decisions Law professors Jim May and Marcia Mulkey will discuss and analyze some of the most important environmental law decisions to come down from the federal courts in the past year.
Federal & State Air Quality Update All things air, this session will focus on PA DEP issues such as upcoming regulations and a RACT II implementation update, as well as key federal air quality issues. The session will also include a discussion of federal and state air quality under the Trump administration and what to expect regarding rulemaking actions and related litigation, enforcement activity under the Clean Air Act, and judicial trends related to federal and state air quality law.
Land Use/Zoning Law Update Learn how local governments in Pennsylvania make use of traditional land use tools (i.e. zoning, planning) to protect environmental resources and advance environmental policy goals. The program will touch briefly upon the legal framework underpinning local land use powers and examine specific application of such powers to address environmental protection and public health concerns in Philadelphia as well as other localities in Pennsylvania.
Making your Application Administratively and Technically Complete Join the panel in a discussion of the preparation and submission of administratively complete and technically viable permit applications to the PADEP. This panel will provide guidance on the steps you can take to provide a complete permit application, including pre-application planning, interactions with the Department and preparation of application materials.
11:30 – 12:30
Representing Business Interests and Public Agencies: Who Is the "Client" and Related Ethical Issues (ethics) Who is the 'client' of a large corporation or environmental enforcement agency? How do the duties regarding confidentiality, diligent representation, communications with represented parties, and decision-making play out when representing these organizations? This panel will use hypotheticals common in environmental practice to explore how these issues might best be addressed.
Clean Air Act Litigation The federal Clean Air Act, Pennsylvania's Air Pollution Control Act, and their respective regulatory programs are lengthy, complex, and often interweave engineering, science, and law. As a result, regardless of whether a permit application is approved or denied, litigation involving the permittee, the Department, public commenters, ad hoc and/or formal citizens’ groups often ensues. The first third of this session will provide a brief identification of recent notable cases. The remaining portion of the session will focus on issues that have arisen in past and current air cases, particularly the measures that can be taken well before an appeal is filed to either avoid litigation altogether, or to best protect the client’s interests if litigation moves forward. Besides the avoidance or minimization of permit compliance violations, such planning in complex air cases can serve to narrow the issues raised in an appeal, limit burdensome discovery requests, and help to prepare for witness and expert witness testimony.
Site Contamination Update This is your quick study on recent regulatory and case law developments affecting site contamination and cleanup. The panel will overview significant developments at both the federal and state level, including those under CERCLA and the Hazardous Sites Cleanup Act (Superfund and Pennsylvania's "mini-Superfund" statute), RCRA (hazardous waste corrective action at operating facilities), the Storage Tank and Spill Prevention Act, and Act 2, Pennsylvania's voluntary cleanup statute. They will also highlight a couple of notable products liability-looking cases in which plaintiffs are using common law theories to attempt to require cleanup and medical monitoring. To the extent possible, emphasis will be on practical application and audience participation.
Adaptive Water Resources Management: Modeling Impacts and Managing Institutional Challenges Modeling water resources and maintaining management plans are highly dependent on weather patterns and traditional legal doctrine. However, as weather variability changes intensify with increased drought and/or flood events, adaptive management for this resource is hampered by governing institutions, or a lack thereof, for many parts of the country. Join this session to learn more about how current scientific efforts can help influence legal changes to water resources, and what lessons the U.S. can learn from global innovations and the water underpinnings in the West.
12:30 – 1:45
Luncheon Recognition of 2016 Pro Bono Participants and Presentation of PLUS Award
1:45 – 2:45
Transactional and Flood Insurance Environmental and flood liability coverage is designed to protect insureds from bodily injury, property damage, remediation expenses and other costs associated with the release of contaminants into the environment. Join this panel for a discussion of the role of environmental insurance and flood insurance in risk management. Learn about the risks inherent in transactions such as the purchase or sale of a property, development of a contaminated or potentially contaminated property or settlement of federal CERCLA claims. The panel will describe options available to mitigate the financial impact posed by those risks. The workshop will also provide an introduction to flood insurance under the National Flood Insurance Program, when flood insurance must be purchased by law, what it covers and proposed legislation aiming to privatize the program.
Hot Topics and Advanced AirPermitting Evaluate the practical implications of recent and current developments in air quality regulation, enforcement and litigation, particularly as they relate to permitting and other strategic business considerations. The panel will also address the implementation of RACT 2 requirements, contentions by neighboring states regarding interstate ozone transport, greater stringency in NAAQS, considerations in preparing permit applications and evaluating project proposals, and the consequences of EPA’s regulatory and enforcement posture under the new administration.
Natural Resources and Wildlife Update More and more, attorneys are called upon to help resolve potential conflicts between land use developments and threatened and endangered species. This workshop will examine how threatened and endangered species are protected and considered during the federal and state permitting process.
Legal Implications of Climate Change Reserve 60 minutes for a detailed look at how climate change issues are impacting environmental practitioners. The panel will specifically highlight current climate change science, the international framework for addressing climate change, and the impact of Trump administration policies on existing strategies. There will also be discussion on ongoing climate change litigation and legal issues impacting the private sector.
Career Opportunities in Environmental Law for Law Students Designed to help law students and recent graduates jump-start their careers in environmental practice, this session will include discussions regarding internships, first jobs, and more. Hear practical advice from private practice, public interest, and government lawyers on transitioning from law school to a career in environmental law and maximizing opportunities early in your career.
3:00 – 4:00
In House Counsel Roundtable Join in-house counsel as they discuss the environmental issues that they view as most significant for their operations; strategies and approaches for addressing those issues; and how counsel and consultants can best provide valuable services.
The Clean Power Plan Update On October 23, 2015, following its January publication of standards for CO2 emissions for new fossil fuel-fired electric generating units, EPA promulgated the Clean Power Plan (“CPP”), which established CO2 emission guidelines and proposed a rule relating to EPA review and approval of state plans, which was released as guidance in 2017. It is anticipated that when fully implemented, the Clean Power Plan will significantly reduce CO2 emissions by 2030. However, these rules have generated much controversy, with some 27 states and many industry and trade groups suing EPA over the actions. Eighteen states, Philadelphia and other cities, a number of electric utilities and environmental groups have joined the litigation, in support of the EPA’s plan. Following the Supreme Court's stay of the guidelines for existing facilities, on September 27, 2017, the D.C. Circuit, sitting en banc, heard arguments in the action challenging the guidelines for existing plants. The panel will discuss the CPP, the litigation, and their implications for Pennsylvania, the nation, and international efforts to limit climate disruption.
Water Update It has been another big year for water programs! Spend 60 minutes with our experienced water law practitioners and get caught up on the most critical water issues of the last year. The panel will provide a concise overview of major developments, including stormwater regulation, Chesapeake Bay issues, energy and water, endangered species and water, wetlands, enforcement, CWA jurisdictional issues, recent federal, state and EHB decisions, and other regulatory developments.
How to Choose and Retain Your Expert or Consultant Through several video vignettes and your active participation, Rick Friedman (attorney) and Larry Roach (consultant) will provide practical and useful guidance for selection and engagement of your expert and/or consultant.
4:15 – 5:15
Planners' Roundtable: Pennsylvania’s Environmental Ethic: Where are We Now? With the backdrop of the change of administration in Washington, our planners will facilitate a broad-ranging discussion of the various factors affecting the state of our environment in Pennsylvania and the role of environmental attorneys in the private, governmental and non-profit sectors. Our panel will encourage extensive audience participation on a number of relevant discussion topics that may include but will certainly not be limited to Rachel Carson, the Pope, President Trump’s EPA, new regulatory and policy developments in Pennsylvania and of course, Article I, Section 27 of the Pennsylvania Constitution.
Mining Update After several years off the grid, the Forum is bringing back the Mining Update. Attend to hear a discussion on statewide coal and noncoal mining, upcoming rulemakings, major state litigation decisions, and federal litigation decisions.
Expert Testimony Expert testimony is a team effort, but what fosters an effective expert–lawyer team? This session will explore ideas to improve the effectiveness of expert testimony from perspectives of the lawyer, the expert and the tribunal.
Federal & State Issues Joe Manko, joined by EPA Region III Counsel and DEP Chief Counsel, returns with this year’s Issues panel and a look back at the most significant environmental developments in the state and region during 2016. They will also share what they expect to happen during the rest of 2017. Their remarks will include new developments and changes within their respective agencies and under the Trump Administration.
Managing/Organizing/Building a Litigation Case You are a new(ish) environmental lawyer, and you have a matter that is headed down the path to the courthouse (or the EHB). Come and learn the nuts and bolts of environmental litigation in the Commonwealth, including an overview of the various types and forms of litigation, how to build, prosecute/defend, and manage a case from the initial stages through trial and appeal. Our panel features two private practice environmental litigators and a DEP assistant regional counsel who will share their insights, tips, best practices, and war stories.
TMDLs Including the Chesapeake Bay and Others Across Pennsylvania, watersheds large and small have been determined to be impaired, in the sense of having water quality unable to support designated and protected uses. In many, the next step is the preparation and implementation of Total Maximum Daily Load (TMDL) programs. This panel will examine a range of related issues, including the 303(d) impairment listing process, legal and practical challenges experienced with the Chesapeake Bay TMDL, and the status of TMDL development and implementation across a variety of other watersheds.
Oil and Gas Regulatory Update Join this panel as they look at recent developments in the exploration, development, operation and production of oil and gas resources in the Commonwealth, with a focus on DEP’s program development efforts for the year ahead.
10:15 – 11:15
NGO Litigation Today’s environmental challenges are greater than ever. With increased concern about climate change and environmental protection in the U.S. and abroad, the role of the environmental lawyers in representing NGO’s has expanded, resulting in increased litigation both before the Pennsylvania Environmental Hearing Board and in state and federal courts. This session will address common elements of NGO- related litigation and strategies and objectives in both instituting and defending actions and proceedings.
Technology, E-discovery, Modern Management of Documents Do you know what you should do to safeguard your clients’ data and effectively represent them in e-discovery? This session will highlight current cybersecurity threats and safeguards, as well as developments in e-discovery—including proportionality, technology assisted review, and the 2015 amendments to the Federal Rules.
Wetlands and Mitigation Banking A mitigation bank is a resource area that has been restored, established, enhanced, or preserved for the purpose of providing compensation for unavoidable impacts to aquatic resources. A mitigation bank may be created when a government agency, corporation, nonprofit organization, or other entity undertakes these activities under a formal agreement with a regulatory agency. Join this panel as they provide a brief overview of mitigation banking and a more in-depth analysis of the status of mitigation banking in Pennsylvania, updates on the PA DEP Functional Protocol, and how the process works with state specific regulatory requirements and permits.
Environmental Issues Facing the Oil and Gas Industry For onshore oil and gas operators, land use and environmental issues can present significant hurdles in the establishment of new facilities or the expansion of existing facilities. This session will examine the environmental issues that must be addressed by companies engaged in the exploration and production of oil and gas and the construction of the pipelines necessary to get those products to market. The presentation will be from the perspective of the operating companies and will address the challenges presented, both substantive and procedural, in developing these natural resources while protecting the environment. Among the challenges to be discussed are: What happens when the landowner and DEP disagree?; What happens when DEP and DEP disagree?; We’re not in Texas anymore; and, You said it will be how long to process that application?
11:30 – 12:30
The Environmental Rights Amendment in Practice The panelists promise a lively discussion concerning the applicability and application of the Pennsylvania Constitution’s Environmental Rights Amendment, Article I, Section 27. With views from representatives of DEP, industry and the environmental community, the panel will discuss and debate their differing perspectives on a variety of scenarios. Questions include: What are the Department’s obligations and what are the limits of its obligations? Who has the burden to demonstrate compliance or non-compliance with these obligations? The panel will also provide a case law update and discuss pending cases that are likely to further develop Section 27 jurisprudence.
Growing your Environmental Law Practice As a Young Attorney (ethics) Join this panel for a discussion of ethical issues that confront attorneys seeking to grow their environmental law practice. Discussion topics include: developing competence in a specialty area, marketing your knowledge and experience, communicating with opposing parties without running afoul of the ethics rules, and clearly communicating potential risks and options to your client.
Hot Topics in the River Basins Interstate Compact Commissions, such as the Delaware River Basin Commission and the Susquehanna River Basin Commission, are unique agencies that do not always neatly fit into the legal “boxes” created for federal and state agencies. These agencies serve as vital facilitators to foster cooperation among both their member jurisdictions and competing water users. This session will explore emerging and ongoing topics and the latest administrative and regulatory developments on water resource management by the two river basin commissions.
Property Rights Update: Case Law and Infrastructure Developments Numerous property rights issues have accompanied the recent drilling and leasing activities in both conventional and unconventional oil and gas exploration and production. The panel will discuss many of those issues, such as split estates, quiet title actions, “dormant” mineral interests, lease termination litigation, and general leasing issues. Views will also be offered on the impact of any newly enacted oil and gas legislation or recently decided cases with respect to property rights considerations. An extended question and answer period will be provided.
12:30 – 1:15
1:15 – 2:45
EHB Roundtable The Judges of the Pennsylvania Environmental Hearing Board will provide updates on recent developments at the Board, including a discussion of various litigation issues in matters before the Board. The Judges will also discuss select Board decisions issued in the last year and recently proposed changes to the Board’s Rules.
Changes to Requirements on Chemical Use, Monitoring and Remediation – A Legal and Geotechnical Perspective The legal requirements on chemical use, monitoring and remediation are changing – whether due to last year’s amendment of the Toxic Substances Control Act (TSCA), which imposed additional requirements on the introduction of new chemicals in commerce and the evaluation of existing chemicals, or due to the periodic review of emerging contaminants under the Unregulated Contaminant Monitoring Rule. New executive actions, along with rumored proposals to cut EPA funding, have raised questions about how quickly these changing requirements will take effect. The panel examines EPA’s efforts to date, provide a forecast of what to expect in the next 6 to 12 months and discuss best practices for the regulated community and the attorneys who advise them.
MS4 Stormwater has become one of Pennsylvania’s most pressing environmental issues, both within and outside the Chesapeake Bay Watershed. This seminar will focus on both federal and state regulations addressing municipal separate storm sewer systems (MS4), and the 2018 impending changes to DEP’s general MS4 permit. The speakers will also discuss recent case law affecting MS4 communities, TMDL-related issues, as well as an update on the implementation of a MS4 program, including funding and the creation of stormwater authorities.
Permitting, Building, and Operating Pipelines Expanding efficient pipeline transportation is critical to America's energy future and the overall economy. Pipelines are the energy lifelines that power our activities at home and at work. This panel will discuss legal issues and provide practical tips regarding permitting, constructing, and operating pipelines in the Commonwealth of Pennsylvania.
3:00 – 4:00
Developments in PA Administrative Law & Their Impact on Environmental Law Practice Attend for a quick review of recent developments in administrative law at both the federal and state level. The speakers will place particular emphasis on the potential impact of these developments on the practice of environmental law in Pennsylvania. Topics will include a review of the development of administrative agency appeals in Pennsylvania, with a focus on scope and standard of review and agency deference including federal parallels.
Intersection of Land Use Development and Environmental Law This program aims to explore how local governments in Pennsylvania make use of traditional land use tools (i.e. zoning, planning) to protect environmental resources and advance environmental policy goals. The program will touch briefly upon the legal framework underpinning local, land use powers and, examine specific application of such powers to address environmental protection and public health concerns in Philadelphia as well as other localities in Pennsylvania.
NPDES Update The NPDES permit program addresses water pollution by regulating point sources that discharge pollutants to waters of the U.S. This session is your source for recent regulatory and case law developments on both the state and federal level relating to the program.
To order course materials, please call PBI`s Customer Service Department at 1-800-247-4724.
If you are ordering course materials separately, please allow two weeks after the program for the shipment of books and 4 to 6 weeks for shipment of the CDs and book/CD sets. Include $8.00 shipping and handling & 6% Pa. Sales tax on all orders.
April 05, 2017
Weds.: 8:45 am - 5:15 pm; Thurs.: 8:15 am - 4:30 pm
Total Credits: 12.00
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Hilton Harrisburg Second & Market Streets Harrisburg PA 17101
Paralegal Attending w/ Attorney : $249.00
Judge (admitted after 1/1/13): $265.00
Judicial Law Clerk (admitted after 1/1/13): $265.00