Environmental Litigation - CLE, Continuing Legal Education - ALI CLE.org
Environmental Litigation
  • 38th Annual Advanced ALI CLE Course of Study
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Shipped to you: Printed Coursebook | MP3 CD-ROM | DVD Video

Available Online: Online CLE | MP3 Audio Files | Coursebook

Why You Should Attend

A perennial favorite, this advanced CLE program on Environmental Litigation will help you master the litigation skills you need to prevail in CERCLA, NEPA, TRO hearings, citizen suits, and other types of environmental litigation.


Learn from a diverse and talented group of experts, including government officials from the Environmental Crimes Section of the Department of Justice’s Environment and Natural Resources Division, Office of the Deputy Attorney General, the Federal Judiciary, as well as private practitioners from both sides of the bar, environmental scientists, and representatives from public interest groups and academia.


You will refine your litigation skills with this procedure-focused curriculum that examines:

Evidentiary issues relating to technical data

Management of electronic discovery in environmental litigation

Strategies for trying and defending CERCLA, NEPA, and citizen suits

Effectively utilizing, managing, and examining expert witnesses


Attend this CLE course on Environmental Law to learn what you need to know to be a successful environmental litigator and to network with the finest practitioners in this area of law.

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What You Will Learn

In addition to providing written materials that will assist you in your practice, this cutting-edge program offers over 19 hours of instruction, including one full hour of ethics, and features:

Ever-popular faculty demonstrations of typical scenarios in environmental litigation, including a hearing on a TRO motion, the deposition of an expert, and trial of an alternate energy siting case

Comprehensive presentations on key topics, including:

the use of technical data as evidence

expert testimony (including an analysis of Daubert, both in the procedural context and in the proof of specific substantive issues)

an update on the law of standing

the emerging trends in lawsuit settlements

criminal liability arising during civil litigation

pertinent ethical issues

the latest developments in citizen suits and NEPA litigation

an anatomy of CERCLA suits

Clinical discussion sessions that allow you to discuss your litigation issues with faculty members


Join fellow practitioners in this evolving area of law as you benefit from advanced studies, personalized advice, and practical instruction.

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Who Should Attend

Environmental lawyers and other legal professionals who need to master the litigation skills necessary to be successful in environmental litigation should attend this accredited continuing legal education program from ALI CLE.

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Planning Chairs

Daniel Riesel, Sive, Paget & Riesel, P.C., New York (also on faculty)

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Bonnie Allyn Barnett, Drinker Biddle & Reath LLP, Philadelphia

Sharon Buccino, Senior Attorney, Natural Resources Defense Council (NRDC), Washington, DC

Mark A. Chertok, Sive, Paget & Riesel, P.C., New York

John C. Cruden, President, Environmental Law Institute, Washington, D.C.

Carol E. Dinkins, Vinson & Elkins LLP, Houston; former Deputy Attorney General of the United States

Nathan Epler, Ph.D., Principal Hydrogeologist, Roux Associates, Islandia, New York

Greg Fleischer, Senior Scientist/Project Manager, Carpenter Environmental Associates, Inc., Monroe, New York

Robert D. Fox, Manko, Gold, Katcher & Fox, LLP, Bala Cynwyd, Pennsylvania

Ronald J. Hedges, Ronald J. Hedges LLC, Hackensack, New Jersey; former U.S. Magistrate

William Hengemihle, Senior Managing Director, FTI Consulting, Inc., Wayne, Pennsylvania

Peter Hsiao, Morrison & Foerster LLP, Los Angeles

Edward Lloyd, Evan M. Frankel Clinical Professor in Environmental Law, Columbia Law School, New York

James W. Mercer, Ph.D., Executive Vice President and Principal Hydrogeologist, Tetra Tech GEO, Sterling, Virginia

Stacey H. Mitchell, Chief, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.

Anthony Z. Roisman, National Legal Scholars Law Firm, P.C., Lebanon, New Hampshire

Craig B. Shaffer, U.S. Magistrate Judge, Denver

Steven P. Solow, Katten Muchin Rosenman LLP, Washington, D.C.

Paul P. Spaulding, III, Farella Braun + Martel LLP, San Francisco

Lemuel Srolovic, Chief, Environmental Protection Bureau, New York Attorney General's Office, New York

Donald W. Stever, K&L Gates LLP, New York

James T. Wells, Ph.D., Chief Operating Officer, L. Everett & Associates, Santa Barbara, California

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Program Schedule


8:00 a.m. Registration and Continental Breakfast

8:55 a.m. Welcome and Announcements - ALI CLE Staff
Video Webcast Segment A

9:00 a.m. Introductory Remarks and Course Overview

9:15 a.m. Jurisdiction, Standing, Ripeness, and Judicial Review of Agency Action
   •  Standing, pleading, and proof
   •  Review of agency action based on the record and evidence outside the record
   •  Privilege and privilege logs; judicial review of guidance documents and the role of final agency action; deference to administrative agencies and the scope of review
   •  Pre-enforcement review after Sackett

10:15 a.m. Networking and Refreshment Break

10:30 a.m. Evidentiary Issues Relating to Technical Data
Admissibility and reliability issues affecting soil, ground water, and transport data, including:
   •  Laboratory handling and analytical procedures
   •  Sample collection and preservation
   •  Chain of custody
   •  Fate and transport modeling issues

11:45 a.m. Clinical Discussions - The Faculty
A discussion of emerging environmenal litigation and the relevant burdens of scientific proof, including a discussion with an environmental geologist on available and emerging scientific tools to prove key facts in environmental and toxic litigation, such as the dating of hazrardous waste releases

12:30 p.m. Lunch Break
Video Webcast Segment B

1:45 p.m. Discovery in Environmental Litigation
Electronic discovery; data preservation and the "litigation hold" doctrine; managing the costs of discovery; spoliation (electronic and otherwise); establishment, maintenance, and waiver of privilege, including Fed.R.Evid. 502 (waiver of privilege); discovery of other privileged material (audits and deliberative privilege); discovery of experts

3:00 p.m. Networking and Refreshment Break

3:15 p.m. Effective Advocacy in Air, Water, and Hazardous Waste Litigation
Preparation for trial from the pretrial order to opening; a discussion by leading environmental litigators on effective and efficient litigation; controlling litigation costs in a down economy

4:15 p.m. Faculty Demonstration: Application for a Temporary Restraining Order and Preliminary Injunction

5:00 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty


8:00 a.m. Continental Breakfast and Networking Session
Video Webcast Segment C

8:30 a.m. Experts in Environmental Litigation
   •  Daubert and its progeny
   •  Selection of experts
   •  Motions in limine
   •  Preparation for testimony
   •  Direct examination
   •  Cross examination
   •  The selection, care, and feeding of experts

10:00 a.m. Networking and Refreshment Break

10:15 a.m. Faculty Demonstration: Deposition of an Expert

10:45 a.m. Clinical Discussions - The Faculty

11:00 a.m. Emerging Trends in Environmental Litigation

12:15 p.m. Lunch Break
Video Webcast Segment D

1:30 p.m. Anatomy of a Hazardous Material Litigation
   •  Overview of CERCLA litigation
   •  Government initiatives: Initiation of litigation; plaintiff's and defendant's tactics; distinction between government and private litigation
   •  Private party litigation: Life after Burlington Northern and other tactics necessary to contain costs and reach closure

2:45 p.m. Networking and Refreshment Break

3:00 p.m. Anatomy of a Hazardous Material Litigation (continued)
   •  The role of the third party neutral in allocation and settlement
   •  Management of the complex case

5:30 p.m. Adjournment for the Day

FRIDAY, JUNE 14, 2013

8:00 a.m. Continental Breakfast and Networking Session
Video Webcast Segment E

8:30 a.m. Citizen Suits and Defenses against Them
Imminent and substantial endangerment suits; emerging cases under the Clean Air Act; the shifting of attorneys' fees; tactical issues to be considered by members of the regulated community

9:30 a.m. Networking and Refreshment Break

9:45 a.m. Faculty Demonstration: Trial of an Alternate Energy Siting Case

11:30 a.m. Lunch Break
Video Webcast Segment F

12:45 p.m. NEPA Litigation
Developments in the common law of NEPA; proof outside of the NEPA "record"; timing and finality; stays and injunctions; interaction with ESA and other statutes

2:00 p.m. Networking and Refreshment Break

2:15 p.m. Criminal Liability arising during Civil Environmental litigation

3:15 p.m. Ethics and Professional Responsibility in Environmental Litigation

4:15 p.m. Adjournment

Total 60-minute hours of instruction: 19.5 hours including one hour of ethics

Suggested Prerequisite: Substantial experience in legal practice in subject matter

Educational Objective: Maintenance of professional competence as a practitioner; provision of information on recent legal developments; development of proficiency in performance of intricate and complex legal tasks within a narrow area

Level of Instruction: Advanced

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:

Kudos from the 2013 presentation:

Good conversational and informed presentations. Very useful.
Peter Hsiao was truly excellent.

Kudos from previous presentations:

Very good CLE! This was my second time to attend I will be back and will recommend it to my colleagues.
The faculty demonstrations were very helpful in highlighting the practical application of some of the law and principles previously enumerated. Please keep these demonstrations integrated in the course. The course was quite comprehensive and extremely helpful.
The demonstrations were great—very useful.
I was particularly impressed with the hypothetical and ‘mini-trial’ presentations that were incorporated into the course. I have never seen a conference with such a useful and infinitive demonstration of expert issues in such a ‘real life’ fashion. I strongly encourage repeating this approach in future conferences. I found the course to be a broad yet comprehensive survey of key current topics and issues in environmental litigation. It benefitted from the wide range of topics, yet had enough detail that it didn’t suffer from being ‘a mile wide, an inch deep.’
Overall, great job covering a huge volume of information!
This was a very informative course. Usually environmental law courses cover ‘cutting edge’ law, which is, frankly, of little practical use. This course, however, will aid me with my day-to-day practice.
I believe the material was very useful, informative and practical.
Wonderful course. Loved the faculty demonstrations.
 Excellent course for the environmental litigator with some experience, which I am.
The hypothetical presentations were excellent, providing insight into techniques and knowledge level of the attorneys practicing in the environmental field. Overall, the course provided a good mix of lawyer and non-lawyer faculty and expertise.
I really appreciated the fact that the course covered substantive, procedural, and practice topics. The presenters were all excellent. I found the faculty demonstrations to be particularly interesting.
 Fantastic course. This is a one of the few CLE’s that is specific to my practice area.
Excellent speakers and the demonstrations very instructive.
I highly recommend attending ALI CLE’s. Speakers are well prepared.

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