Global Warming: Climate Change and the Law - CLE, Continuing Legal Education - ALI CLE.org
Global Warming: Climate Change and the Law
  • Cosponsored by the Environmental Law Institute
  • Thursday-Friday
  • March 22-23, 2007
  • Marriott at Metro Center
  • Washington, DC
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Available Online: | Coursebook

Why You Should Attend

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.

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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.

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Planning Chairs

Michael B. Gerrard, Arnold & Porter LLP, New York

David J. Hayes, Latham & Watkins LLP, Washington, D.C.

Scott E. Schang, Vice President, Publications and Associates, Environmental Law Institute, Washington, D.C.

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Faculty

Joseph E. Aldy, Fellow, Resources for the Future, Washington, D.C.

Vicki Arroyo, Director of Policy Analysis, Pew Center on Global Climate Change, Arlington, Virginia

Bonnie Allyn Barnett, Drinker Biddle & Reath LLP, Philadelphia

Dale Bryk, Senior Attorney, Natural Resources Defense Council, New York

John W. Busterud, Senior Environmental Counsel, Pacific Gas and Electric Company, San Francisco

James L. Connaughton, Chairman, Council on Environmental Quality, Washington, D.C.*

Kyle W. Danish, Van Ness Feldman, P.C., Washington, D.C.

Kirsten H. Engel, Professor of Law, James E. Rogers College of Law, University of Arizona, Tucson

Michael L. Goo, Counsel, Committee on Environment and Public Works, U.S. Senate, Washington, D.C.

Gary S. Guzy, National Practice Leader – Emerging Environmental Risk, Marsh USA, Inc., Washington, D.C.

J. Kevin Healy, Bryan Cave LLP, New York

Anne L. Kelly, Director, Governance PROGRAMs, The Coalition for Environmentally Responsible Economies (CERES), Boston

Judith Kim, Senior Counsel, Wal-Mart Stores, Inc., Bentonville, Arkansas

David J. Manning, Executive Vice President, Corporate Affairs, and Chief Environmental Officer, KeySpan Corp., New York

Jonathan Martel, Arnold & Porter LLP, Washington, D.C.

John Palmisano, Chairman and CEO, International Environmental Trading Group, Washington, D.C.

Richard M. Saines, Baker & McKenzie LLP, Chicago

Kruskaia Sierra-Escalante, Counsel, Legal Department, International Finance Corporation, Washington, D.C.

Robert M. Simon, Democratic Staff Director, Committee on Energy and Natural Resources, U.S. Senate, Washington, D.C.*

Jeffrey A. Smith, Cravath, Swaine & Moore LLP, New York

J. Jared Snyder, Assistant Attorney General, State of New York, Albany*

Madeleine M.L. Tan, Brown Rudnick Berlack Israels LLP, New York

Mark C. Trexler, Ph.D., President, Trexler Climate + Energy Services, Inc., Portland, Oregon

Michael P. Vandenbergh, Professor of Law, Vanderbilt University Law School, Nashville

Michael J. Walsh, Senior Vice President, Chicago Climate Exchange, Inc., Chicago

William L. Wehrum, Acting Assistant Administrator for Air and Radiation, U.S. Environmental Protection Agency, Washington, D.C.

Robert A. Wyman, Jr., Latham & Watkins LLP, Los Angeles

ALI-ABA Staff: Thomas M. Hennessey, Assistant Director, Office of Courses of Study

*invited

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Program Schedule

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

Click Here for MCLE Credit Information

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