Environmental Litigation 2017: |
If you’re an environmental lawyer looking to win in administrative and judicial forums, this unique course is a must!
In just two days, attendees learn litigation strategies from experienced practitioners and judges, and gain a deeper understanding of the relationship among litigation problems, substantive environmental law, and science. This nationally-recognized course features:
Discussions on the potential implications of the new administration shifting more environmental regulation and enforcement to the states
Skilled faculty demonstrations
A collegial classroom setting
Networking with like-minded colleagues from across the country
Comprehensive written materials you’ll reference for years
Prepare for the future of environmental litigation and sharpen your skills and strategies at this one-of-a-kind program.
Under the Trump administration, environmental enforcement and litigation are likely to undergo significant changes, including a surge in citizen suits and state-initiated actions. This dynamic, advanced level course explores the real world procedural and practice problems faced by environmental litigators – including possible enforcement changes – and offers insights and tips for developing an effective case strategies. Hear first-hand from experienced private practitioners from both sides of the bar, the government, and the bench, and enjoy ample opportunities to learn and network with like-minded colleagues from across the country.
Topics include:
The effect of the Trump administration on environmental enforcement and litigation, such as shifting more responsibility to the states
State-initiated and citizen suit litigation: the new "enforcement" mechanisms?
Spoliation of physical evidence or ESI under amended Rule 37(e)
How and when to make a Daubert motion to exclude an expert
The use of jury advisors, mock juries, and similar techniques
Mastering the complex CERCLA case
Consent orders, voluntary clean up agreements, and contribution protection
Natural resources damages assessments
A highlight of this course is its faculty-led trial simulations, including hearings on discovery disputes and another on authentication of key documents, followed by a trial simulation featuring the direct and cross-examination of an expert, all presided over by a federal magistrate judge. Watch skilled litigators demonstrate best practices for avoiding common problems in environmental litigation and get a judge’s perspective on their arguments and the issues.
Register today! Join fellow environmental litigators at this stand-out course and benefit from sophisticated analysis, real-world advice, and practical instruction.
Environmental lawyers and other legal professionals looking to gain the knowledge and master the skills needed to succeed in environmental litigation should attend this course.
Tuition for this on-demand course is: $999.00
Add Program To Cart
(also on faculty)
Daniel Riesel, Sive, Paget & Riese, P.C., New York
Mark A. Chertok, Sive, Paget & Riesel P.C., New York
Tami Lyn Azorsky, Dentons, Washington, D.C.
James A. Bruen, Farella Braun + Martel LLP, San Francisco
Christina M. Carroll, Dentons, Washington, D.C.
Nadira Clarke, Katten Muchin Rosenman LLP, Washington, D.C.
John C. Cruden, Former Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
Deborah Goldberg, Managing Attorney, Earthjustice, New York
Robin L. Greenwald, Weitz & Luxenberg P.C., New York
R. Juge Gregg, Law and Policy Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
Honorable Ronald J. Hedges, Dentons, New York; former U.S. Magistrate Judge, District of New Jersey (ALI Member)
Peter Hsiao, Morrison & Foerster LLP, Los Angeles
Thomas A. Mariani, Jr., Chief, Environmental Enforcement, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
Andrea Okie, Vice President, Analysis Group, Inc., Boston
Craig J. Pritzlaff, Assistant Attorney General and Deputy Chief - Litigation, Environmental Protection Division, Office of the Attorney General of Texas, Austin
Jon Rohrer, PG, CHG, Principal Hydrogeologist, Roux Associates, Long Beach, California
Anthony Z. Roisman, National Legal Scholars Law Firm, P.C., Weathersfield, Vermont (ALI Member)
Justin A. Savage, Hogan Lovells US LLP, Washington, D.C.
Lemuel M. Srolovic, Chief, Environmental Protection Bureau, New York State Attorney General’s Office, Brooklyn, New York
Honorable Craig B. Shaffer, Magistrate Judge, U.S. District Court for the District of Colorado, Denver
Donald W. Stever, K&L Gates LLP, New York
ALI CLE Senior Program Attorney: Amy S. Weinberg
THURSDAY, JUNE 22, 2017
8:00 a.m. Registration and Continental Breakfast
8:45 a.m. Welcome and Announcements – ALI CLE Staff
WEBCAST SEGMENT A
8:50 a.m. Introductory Remarks and Course Overview – Mr. Chertok
9:00 a.m. The Prerequisites: Recent Developments in Jurisdiction, Standing, Ripeness, and Judicial Review – Ms. Goldberg and Mr. Chertok
Standing, pleading, and proof
o Citizens suits and defenses
o Suits against agencies
Compilation of the record, evidence outside the record
Affirmative use of the Freedom of Information Act
Discovery in agency review cases
Judicial review involving guidance documents
Deference to administrative agencies and the scope of review; Chevron revisited
Pre-enforcement review
9:45 a.m. Managing and Using Electronic Data in Complex Environmental Cases - Hons. Hedges and Shaffer, Ms. Azorsky, and Mr. Chertok
The duty to preserve and the litigation hold
The 2015 Amendments: An overview
Cooperation and proportionality
Spoliation of samples and other physical evidence and spoliation of ESI under amended Rule 37(e)
Judicial management
10:45 a.m. Networking and Refreshment Break
11:00 a.m. Managing and Using Electronic Data in Complex Environmental Cases (cont.)
11:20 a.m. Faculty Demonstration: Motion for Discovery of ESI - Hon. Shaffer, presiding; Mr. Chertok and Hon. Hedges
The necessary papers
Proof of proportionality
Waivers: privilege; social media
Hearing strategies
11:45 a.m. DOJ Perspective on Enforcement under the New Administration - Mr. Cruden
12:30 p.m. Lunch Break (lunch provided by ALI CLE)
WEBCAST SEGMENT B
1:30 p.m. Litigation in the New Era – Messrs. Cruden, Pritzlaff, and Srolovic
New approaches at DOJ and EPA
State-initiated litigation
New state-federal enforcement alignment
Collisions with the federal approach
Resurgence of citizen suit litigation
3:00 p.m. Networking and Refreshment Break
3:15 p.m. Scientific Evidence and Experts in Environmental Litigation – Mss. Azorsky and Okie and Messrs. Hsiao, Roisman, and Stever
Scientific evidence in the courts
Selection and qualification of experts
Preparation of experts
The expert’s report and deposition
Confidentiality and privilege
Daubert and its progeny
Motions to exclude experts: When and how to make them
Effective direct and cross examination
4:45 p.m. Faculty Demonstration: Daubert Motion - Hon. Hedges, presiding; Messrs. Roisman and Stever
Critical elements of the motion
Defenses against misuse of Daubert
Hearing strategies
5:15 p.m. Adjournment for the Day
FRIDAY, JUNE 23, 2017
8:00 a.m. Continental Breakfast and Networking Session
WEBCAST SEGMENT C
8:30 a.m. CERCLA Substantive Law and Trial Strategy – Ms. Carroll and Messrs. Mariani and Savage
Availability of Section 107 and/or Section 113 to private litigators
Joint and several liability; life after Burlington Northern
Arranger liability
Statutes of limitation and other defenses
o Piercing the corporate veil
o Dead and buried corporations
o Statute of limitation
o NCP compliance
Third-party practice and trial phasing
Consent orders, voluntary clean up agreements, and contribution protection
Allocation and apportionment
Strategy in the “big case”
o PRP organization
o Coping with Section 106 orders
o De minimis applications
o Practice before third-party neutrals
9:45 a.m. The Guerilla in the Closet: Natural Resources Damages – Mr. Bruen
Marshalling the NRD case
NRD assessments
Use of surveys and experts
The trustees’ case
The defenses and how to deploy them
10:30 a.m. Networking and Refreshment Break
10:45 a.m. Effective Trial Management and Strategy – Mss. Clarke and Greenwald and Messrs. Bruen and Hsiao
Effectuating the necessary proofs
Use of graphics
Use of mock juries
Application of key defenses
12:15 pm Faculty Demonstration: The Simple Turned Complex -- Authentication of Key Documents - Hon. Hedges, presiding; Messrs. Chertok and Stever
The necessary steps
Ways to prevent admissibility
12:45 p.m. Lunch Break (on your own)
WEBCAST SEGMENT D
1:45 p.m. Faculty Demonstration: Direct and Cross-Examination of an Expert at Trial - Hon. Shaffer, presiding; Messrs. Bruen, Hsiao, Rohrer, and Stever
Direct and cross-examination of an expert followed by faculty discussion of common trial problems relating to experts in environmental litigation
3:20 p.m. Networking and Refreshment Break
3:35 p.m. Ethics for the Environmental Litigator - Hon. Hedges and Mr. Gregg
4:40 p.m. Adjournment
Total 60-minute hours of instruction: 13.5, including one hour of ethics
Suggested Prerequisite: 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
Eastern
Virtually all ALI CLE programs receive credit in AK, AL, AZ, CA, CO, CT, DE, FL, HI, IA, IL, IN, KS, KY, ME, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, PR, SC, TN, TX, UT, VA, VI, VT, WA, WI, WV and WY. Upon request, ALI CLE will apply for credit in ID, LA, and RI. For more information about CLE or CPE credit, email TeamMCLE@ali-cle.org or call 1-800-CLE-NEWS (253-6397).
Legend: | |||
Approved | Pending | Self-Submit | Not Approved |
State (General / Ethics) Expiration Date (if applicable) |
Some jurisdictions limit the number of credits via on-demand (distance learning). We advise that you check your jurisdictions' rules regarding possible restrictions for on-demand or distance learning credit.
Important Note: On-demand courses cannot be consumed for partial credit. You must participate in the course in its entirety, regardless of length, to receive a certificate and credit.
AK (12.5 / 1) 6/22/2020 | AL (12.5 / 1) 12/31/2017 | AZ (12.5 / 1) 6/22/2020 | CA (12.5 / 1) 6/22/2020 | CO (15 / 1.2) 6/22/2019 | CT (12.5 / 1) 6/22/2020 |
DE (11 / 1) 6/29/2018 | FL (15 / 1) 12/22/2018 | GA (5 / 1) 6/22/2018 | HI (12.5 / 1) 6/22/2019 | IA (5 / 1) 6/29/2018 | ID (12.5 / 1) 6/22/2018 |
IL (12.5 / 1) 6/22/2019 | IN (8 / 1) 6/22/2018 | KY (12.5 / 1) 6/30/2018 | LA (3 / 1) 6/21/2018 | ME (4.5 / 1) 6/22/2020 | MN (12.5 / 1) 6/22/2019 |
MO (6 / 0) 6/22/2020 | MS (5 / 1) 6/22/2018 | MT (4 / 1) 6/22/2020 | NC (12.5 / 1) 12/31/2017 | ND (12.5 / 1) 6/22/2020 | NE (11.5 / 1) 6/22/2018 |
NH (12.5 / 1) 6/30/2017 | NJ (10.8 / 1.2) 6/22/2018 | NM (3 / 1) 6/22/2020 | NV (12.5 / 1) 6/22/2020 | NY (15 / 1) 6/22/2020 | OH (12.5 / 1) 12/31/2017 |
OK (5 / 1) 6/29/2018 | OR (13.5 / 0) 6/22/2020 | PA (12.5 / 1) 6/22/2019 | PR (12.5 / 1) 6/22/2020 | RI (2 / 1) 6/22/2020 | SC (5 / 1) 12/31/2017 |
TN (12.5 / 1) 6/22/2018 | TX (12.5 / 1) 5/31/2018 | UT (11 / 1) 12/31/2017 | VA (12.5 / 1) 10/31/2017 | VI (15 / 1.2) 6/22/2020 | VT (9 / 1) 6/22/2020 |
WA (12.5 / 1) 6/22/2022 | WI (10 / 0) 6/22/2020 | WV (10.8 / 1.2) 6/22/2020 | WY (4 / 1) 6/22/2020 |
Several jurisdictions limit the number of credits to be taken via webcasts. Please check with your state regulator for possible limits in your jurisdiction.
AK (12.5 / 1) | AL (12.5 / 1) | AR (12.5 / 1) | AZ (12.5 / 1) | CA (12.5 / 1) | CO (15 / 1.2) |
CPE | CT (12.5 / 1) | DE (11 / 1) | FL (15 / 1) | GA (12.5 / 1) | HI (12.5 / 1) |
IA (12.5 / 1) | ID (12.5 / 1) | IL (12.5 / 1) | IN (8 / 1) | KS (4 / 1) | KY (12.5 / 1) |
LA (3 / 1) | ME (12.5 / 1) | MN (12.5 / 1) | MO (15 / 1.2) | MS (5 / 1) | MT (12.5 / 1) |
NC (12.5 / 1) | ND (12.5 / 1) | NE (11.5 / 1) | NH (12.5 / 1) | NJ (10.8 / 1.2) | NM (12.5 / 1) |
NV (12.5 / 1) | NY (15 / 1) | OH (12.5 / 1) | OK (15 / 1) | OR (13.5 / 0) | PA (12.5 / 1) |
PR (12.5 / 1) | RI (15 / 1) | SC (5 / 1) | TN (12.5 / 1) | TX (12.5 / 1) | UT (11 / 1) |
VA (12.5 / 1) | VI (15 / 1.2) | VT (12.5 / 1) | WA (12.5 / 1) | WI (15 / 1) | WV (15 / 1.2) |
WY (12.5 / 1) |
AK (12.5 / 1) | AL (12.5 / 1) | AR (12.5 / 1) | AZ (12.5 / 1) | CA (12.5 / 1) | CO (15 / 1.2) |
CPE | CT (12.5 / 1) | DE (12.5 / 1) | FL (15 / 1) | GA (12.5 / 1) | HI (12.5 / 1) |
IA (12.5 / 1) | ID (12.5 / 1) | IL (12.5 / 1) | IN (12.5 / 1) | KS (15 / 1) | KY (12.5 / 1) |
LA (12.5 / 1) | ME (12.5 / 1) | MN (12.5 / 1) | MO (15 / 1.2) | MS (12.5 / 1) | MT (12.5 / 1) |
NC (12.5 / 1) | ND (12.5 / 1) | NE (11.5 / 1) | NH (12.5 / 1) | NJ (15 / 1.2) | NM (12.5 / 1) |
NV (12.5 / 1) | NY (15 / 1) | OH (12.5 / 1) | OK (15 / 1) | OR (13.5 / 0) | PA (12.5 / 1) |
PR (12.5 / 1) | RI (15 / 1) | SC (12.5 / 1) | TN (12.5 / 1) | TX (12.5 / 1) | UT (12.5 / 1) |
VA (12.5 / 1) | VI (15 / 1.2) | VT (12.5 / 1) | WA (12.5 / 1) | WI (15 / 1) | WV (15 / 1.2) |
WY (12.5 / 1) |
The Audio MP3 CD-ROM includes each course segment as a separate mp3 file which can be played on your PC, portable music device or if your car has a MP3-compatible CD-ROM player, in your car.
Also included on the CD-ROM is the digital edition of the coursebook in searchable, bookmarked PDF format. You will need to have Adobe Reader installed on your computer to view this file. To download Adobe PDF reader, visit Adobe.com.
Price: $599.00 Add to Cart
Please use the product code AY022 if ordering over the phone or via fax.
PDF Order Form
Shipped to you:MP3 CD-ROM DVD Video |
Digital Products:On-Demand MP3 Audio Files CoursebookSubscribe to our email list
For sponsorship inquiries
please contact Dara Lovitz. |
Faculty was stellar. Everyone had interesting things to say, whether about environmental law, litigation strategy, and the combination of the two. Wonderful job, ALI CLE. Thanks so much! Excellent instructors and presentations. Thank you! All of the speakers were knowledgeable in their subject areas. The judges were excellent. The faculty demonstration was one of the best panels of the course. Outstanding. Loved the ethics presentation -very clear and precise. Liked having the reminders to pay attention to red flags as I call tam. Always check it out. Creative solutions provided. Thanks! |
Please select your state to add this course to a custom bundle.