The Clean Air Act: New Directions in Law, Policy, and Practice - CLE, Continuing Legal Education - ALI CLE.org
The Clean Air Act: New Directions in Law, Policy, and Practice
  • Cosponsored by the Environmental Law Institute
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Available Online: Online CLE | MP3 Downloads | Coursebook

Why You Should Attend

In the hot political climate of Obama’s second term, practitioners are eager to learn how the Obama Administration will prioritize legislation that will impact environmental, energy, and economic policy. The Clean Air Act remains essential to the controversial debate over public health, job growth, and protection of the environment, but what can you expect in the months to come - aggressive rulemaking or retreat from enforcing the existing laws? How will the government resolve the tension between science and policy? And how will your practice be affected by the most significant items on the rulemaking agenda, such as:

New Source Performance Standards, including Greenhouse Gas standards for new electric utilities and refineries

National Ambient Air Quality Standards revisions for PM2.5 and ozone

Revisions to National Emission Standards for Hazardous Air Pollutants for electric utilities and industrial boilers

Further consideration of ozone transport in the wake of the D.C. Circuit’s invalidation of the Cross-State Air Pollution Rule program

 

Attend this cutting-edge program for a comprehensive analysis of the most complex issues faced by regulators and practitioners. This Clean Air Act CLE Course is enriched by the expertise of a diverse faculty of senior public officials including staff from the United States Congress, federal and state regulators, enforcement attorneys, private and corporate practitioners, and public interest advocates.

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What You Will Learn

Join fellow practitioners and regulators from various backgrounds as you learn from top experts in the country and stay current on vital Clean Air Act issues. This year's course features:

Analysis of the most recent developments and renewed enforcement efforts in:

                       --New Source Review regulatory reforms;

                       --National Ambient Air Quality Standards, including EPA’s ozone and particulate matter standards and transport rules;

                       --EPA-mandated quantification and reporting of greenhouse gas emissions;

                       --Regional and state cap-and-trade programs, including the new regulations for trading, offsetting, and banking in the California program

Tips from experts as to how to settle a civil or criminal Clean Air Act case

Discussion of federal and state air enforcement initiatives, and the industries targeted for increased inspection

Comparison of the similarities and differences between state and federal citizen suits

Examination of the EPA’s approach to addressing mercury and other hazardous air pollutants

Exploration of current uses and issues associated with air dispersion modeling

 

[Programming Note: An optional introductory lecture on the structure and substance of the Act is presented on Thursday morning for the benefit of people unfamiliar with the Act or interested in a refresher.]

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Who Should Attend

Environmental Lawyers and other legal professionals who need to stay current on Clean Air Act issues should attend this accredited continuing legal education program from ALI CLE.

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Planning Chairs

Peter Hsiao, Morrison & Foerster LLP, Los Angeles (also on faculty)

Jonathan Martel, Arnold & Porter LLP, Washington, D.C. (also on faculty)

Byron F. Taylor, Sidley Austin LLP, Chicago (also on faculty)

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Faculty

FROM THE GOVERNMENT

 

Jeremiah Baumann, Legislative Director, U.S. Senator Jeff Merkley, Washington, D.C.

Wendy Blake, Assistant General Counsel, U.S. Environmental Protection Agency, Washington, D.C.

Phillip Brooks, Director, Air Enforcement Division, Office of Civil Enforcement, U.S. Environmental Protection Agency, Washington, D.C.

Krishna S. Dighe, Assistant Chief, Environmental Crimes Section, U.S. Department of Justice, Washington, D.C.

Michael G. Dowd, Director, Division of Air Quality, Virginia Department of Environmental Quality, Richmond

Thomas G. Hassenboehler, Staff Director, Energy and Power Subcommittee, Energy and Commerce Committee, U.S. House of Representatives, Washington, D.C.

Eric Hostetler, Trial Attorney, Environmental Defense Section, U.S. Department of Justice, Washington, D.C.

Mike Koerber, Office of Air Quality, Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina

Thomas A. Lorenzen, Assistant Chief, Environmental Defense Section, Environmental and Natural Resouces Division, U.S. Department of Justice, Washington, D.C.

Janet McCabe, Principal Deputy Assistant Administrator, Office of Air and Radiation, U.S. Environmental Protection Agency, Washington, D.C.

John A. Paul, Administrator, Regional Air Pollution Control Agency, Dayton, Ohio

Bob Perciasepe, Acting Administrator and Deputy Administrator, U.S. Environmental Protection Agency, Washington, D.C.

Anna Marie Wood, Director, Air Quality Policy Division, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, NC

 

LAW SCHOOLS, NON-PROFITS, AND ENVIRONMENTAL ADVOCACY ORGANIZATIONS

Faith Bugel, Senior Attorney and Manager of Clean Air Program, Environmental Law and Policy Center, Chicago

Michael B. Gerrard, Andrew Sabin Professor of Professional Practice and Director, Center for Climate Change Law, Columbia Law School, New York

Eric V. Schaeffer, Executive Director, Environmental Integrity Project, Washington, D.C.; former Director, Office of Regulatory Enforcement, U.S. Environmental Protection Agency

John D. Walke, Director, Clean Air Project, Natural Resources Defense Council, Washington, D.C.

 

PRIVATE PRACTITIONERS AND CONSULTANTS

Roy S. Belden, Senior Vice President, Environmental Support, GE Energy Financial Services, Stamford, Connecticut

Rick Boucher, Sidley & Austin LLP, Washington, D.C.

Leslie Fifita, Project Manager and Air Disperson Modeler, URS Corporation, Austin, Texas

Sandra Franco, Bingham McCutchen LLP, Washington, D.C.

Daniel Riesel, Sive, Paget & Riesel, P.C., New York

Leslie Ritts, Ritts Law Group, PLLC, Alexandria, Virginia

Joseph S. Scire, Principal Scientist, Exposure Assessment and Dose Reconstruction, Exponent, Natick, Massachusetts

William L. Wehrum, Hunton & Williams LLP, Washington, D.C.

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

 

Additional faculty to be confirmed

 

ALI CLE Program Attorney: Kevin J. O’Connor (koconnor@ali-cle.org)

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Program Schedule

THURSDAY, April 11, 2013

7:30 a.m. Registration and Continental Breakfast

7:55 a.m. Administrative Remarks – ALI CLE Staff

WEBCAST SEGMENT A

8:00 a.m. Optional Introductory Lecture: Basics of Clean Air Law - Mr. Belden

Learn the basic structure and nomenclature of the Clean Air Act

Introductory lecture will provide a foundation for the other course lectures

8:55 a.m. Introductory Remarks

9:00 a.m. Federal and State Enforcement: Report from the Regulators - Messrs. Brooks, Martel, and Schaeffer

Features the Director of Air Enforcement at EPA on cases and priorities

Hear perspectives and priorities from a leading public advocacy organization

9:50 a.m. Networking and Refreshment Break

10:00 a.m. New Source Review - Messrs. Martel, Paul, and Wehrum and Ms. Wood

Hear EPA, state and private practice perspectives on New Source Review developments

Panel will discuss latest program developments, including greenhouse gas permitting

11:00 a.m. Hazardous Air Pollutants - Mss. Blake and Franco and Messrs. Martel and Walke

Environmental community, EPA, and private practitionser share their perspectives on hazardous air pollutant program developments

Panel will discuss latest mercury rule for utilities, case law, and other new developments

12:15 p.m. Lunch Break

 

WEBCAST SEGMENT B

1:30 p.m. Ambient Air Standards and Implementation - Messrs. Dowd and Taylor

Learn the current status of EPA's efforts to update ambient air standards

CAIR/CSAPR, regional haze, sulfur dioxide, ozone, and particulate matter rule developments will be addressed

2:30 p.m. Networking and Refreshment Break

2:45 p.m. Ambient Standard Implementation, (Part Two) - Mss. Fifita and McCabe and Mr. Taylor

Panelists will discuss efforts by EPA, states and the regulated community to meet the NAAQS

3:45 p.m. Climate Change: New Developments - Professor Gerrard, Messrs. Lorenzen, Martel, and Wyman

Hear academic, EPA, and private practice perspectives on greenhouse gas regulation

New Source Performance Standards, motor vehicles, renewable fuels, GHG reporting, and California's A.B. 32 will also be covered

5:00 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty, sponsored by Arnold & Porter LLP, Morrison & Foerster LLP, and Sidley Austin LLP

 

FRIDAY, April 12, 2013

8:00 a.m. Continental Breakfast and Networking Session

WEBCAST SEGMENT C

9:00 a.m. Keynote Address - Mr. Perciasepe

9:45 a.m. Networking and Refreshment Break

10:00 a.m. New Directions Post-Election - Messrs. Boucher, Hassenboehler, and Taylor

Legislative priorities and processes for the new term

11:00 a.m. Citizens Suits - Ms. Bugel and Messrs. Hostetler, Hsiao

Learn from the experts on private enforcement of the Clean Air Act

Panel will discuss standing, defenses, litigation, and negotiation strategies and "lessons learned"

12:00 noon Lunch Break

 

WEBCAST SEGMENT D

1:15 p.m. Clean Air Act Modeling: New Challenges - Messrs. Koerber, Martel, and Scire and Ms. Ritts

EPA, private practice, and a leading modeler provide their perspectives, including the Director of Air Enforcement at EPA on cases and priorities

Panel will focus on uncertainties and appropriate adaptation of modeling tools to suit more stringent NAAQS limits, and in regional haze program

2:45 p.m. Ethical and Professional Responsibility Issues - Messrs. Dighe, Hsiao, and Riesel

Common problems in self-disclosure of Clean Air Act violations to enforcement agencies

Considerations in negotiations and early disclosures to criminal prosecutors to seek alternative dispositions

3:45 p.m. Adjournment

 

 

Total 60-minute hours of instruction: 13 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: Maintenance of professional competence as a practitioner; provision of information on recent legal developments

Level of Instruction: Advanced

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:

“Whether it’s your first year or 20th year of Air practice, this course is a must!” – Patrick O’Neill, City of Philadelphia Law Department

“The conference reflected the excellent hard work of its organizers. No matter one’s skill level with the Clean Air Act, the course provided relevant, timely information. The content and sequencing was excellent, and the presenters were, without exception, leaders in their field and entirely knowledgeable and understandable. Thanks for a great job.”

“I was thrilled by the vast and diverse expertise of the panels. When it comes to cutting-edge issues, a diverse group of innovators is particularly useful. Enjoyed ethics portion too.”

“The breadth of the course was excellent and the variety and qualifications of the speakers was impressive.”

“The introduction/background at the beginning of each section was extremely helpful. This was a fantastic program. As someone who is inexperienced in the practice of Clean Air law, I was able to follow all of the panels. I also have a much better sense of the current issues in this area of practice.”

“This program was great. It was a nice balance of overviews, but specific enough to be helpful.”

“Great speakers from the agencies and NGOs.”

“This was an outstanding course.”

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