Climate change has graduated from an uncertain scientific theory to a global threat being addressed through a variety of regulatory, market, and voluntary initiatives. Internationally, the Kyoto Protocol creates many issues for American companies operating abroad while domestically, several U.S., state, and regional climate initiatives promise to introduce a mix of regulatory and market mechanisms to limit carbon emissions.
At the same time, a carbon trading market is taking form in the United States without regulations in place. This makes it vital that those who may be affected by these various regimes understand how the decisions and agreements they make today will survive what is likely to be significantly changed circumstances tomorrow.
Understanding the emerging markets and regulations surrounding climate and carbon is a critical skill for practitioners of environmental, regulatory, administrative, corporate, and securities law. A carbon-constrained world presents both risks and opportunities, and practitioners are expected to explain the new landscape to clients trying to chart a course in this new territory. This new course is intended to provide both the practical understanding and skills necessary to accomplish this task.
What You Will Learn
This new course of study, comprising more than 13 hours of instruction, has been designed to provide both a primer on climate change and detailed discussions of how existing regulatory regimes and carbon trading markets function.
Top federal and state officials and practitioners provide the scientific basics necessary to understand carbon control, equivalency, and sequestration and the policy and factual background to understand the Kyoto Protocol’s design and enforcement. Practitioners explain carbon measurement, allocation, reduction, offsets, and trading both under the Kyoto Protocol and emerging U.S. systems. The legal implications of being subject to or exempt from a carbon control regime are fully explained, and the emerging world of state climate plans, renewable portfolio standards, and carbon inventories is explored. The course describes the implications of voluntary federal programs and voluntary reduction commitments, while educating registrants as to the corporate disclosure, fiduciary duties, and insurance issues that this area of law raises. The course concludes with consideration of likely future developments and implications for clients. The course includes a full hour of ethics instruction.
A diverse faculty drawn from the ranks of practicing attorneys in the private bar and attorneys and related professionals in government, the public interest community, academia, and corporate settings ensures full coverage of the topic and of the legal and policy considerations that underlie it. Time is reserved throughout the program to address registrants’ questions.
ALI-ABA Staff: Thomas M. Hennessey, Assistant Director, Office of Courses of Study
Thursday, March 22, 2007
7:30 a.m. Registration and Continental Breakfast
8:30 a.m. Introductory Remarks and Course Overview – Messrs. Gerrard and Schang
9:15 a.m. Technical Tutorial: Sources, Reduction and Sequestration of Carbon Emissions – Mr. Aldy and Ms. Arroyo
10:15 a.m. Networking Break
10:30 a.m. Kyoto Protocol: Background and Enforcement – Mr. Danish
11:30 a.m. Workshop on Cap and Trade Legal Issues: Buying/Selling Credits and the Clean Development Mechanism (CDM) – Mr. Saines and Mss. Sierra-Escalante and Tan
12:30 p.m. Lunch Break
1:45 p.m. Regional and State Programs: Measuring, Allocating, Trading, and Complying – Ms. Bryk and Messrs. Manning, Snyder*, and Wyman
3:15 p.m. Networking Break
3:30 p.m. Voluntary Reduction Commitments and the World of Offsets – Messrs. Busterud, Hayes, Palmisano, Vandenbergh, and Walsh
5:30 p.m. Questions and Answers
5:45 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty, at and hosted by Arnold & Porter, 555 12th St. (between E and F Sts.), a short walk from the hotel
Friday, March 23, 2007
8:00 a.m. Continental Breakfast
video webcast segment A
8:30 a.m. Federal Approaches to Climate Change – Messrs. Connaughton* and Wehrum
9:45 a.m. Networking Break
10:00 a.m. Climate Change Litigation: CAA, NEPA, ESA, and the Common Law – Ms. Engel and Messrs. Healy and Martel
11:00 a.m. Ethics – Ms. Barnett
12:00 noon Lunch Break
video webcast segment B
1:15 p.m. Corporate Issues: Disclosure, Fiduciary Duties, Insurance, and Strategy – Mss. Kelly and Kim and Messrs. Guzy and Smith
2:30 p.m. Navigating Uncharted Waters: Preparing for Tomorrow – Messrs. Goo, Simon,* and Trexler
3:30 p.m. Questions and Answers
3:45 p.m. Adjournment
Total 60-minute hours of instruction: 13.25, including one hour of ethics
Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter
Educational Objective: Development of initial level of competency as a practitioner; acquisition of knowledge and skills to develop proficiency as a practitioner; provision of information on recent legal developments