Environment, Energy, and Resources Section

Amy L. Edwards, environmental partner at Holland & Knight, sits down with Lynn L. Bergeson, managing partner at Bergeson & Campbell and editor of Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA. Together they examine how the U.S. Environmental Protection Agency's (EPA) evolving implementation of the 2016 amendments to the Toxic Substances Control Act (TSCA) has reshaped regulatory compliance expectations across the manufacturing and chemical sectors.   The discussion highlights how TSCA's commercial implications—ranging from market access limitations and import controls to supply chain transparency and investor risk—extend well beyond regulatory counsel. With the upcoming PFAS reporting mandate under TSCA Section 8(a)(7), companies face a one-time obligation to disclose manufacturing or importing activity dating back to 2011, without the benefit of typical exemptions for byproducts or impurities.   The speaker's discussion emphasizes how due diligence, particularly in M&A contexts, must now account for latent TSCA noncompliance risks that could disrupt operations or jeopardize transactions. As Bergeson notes, TSCA affects even those not traditionally seen as compliance stakeholders—such as procurement officers and sourcing teams—underscoring the need for enterprise-wide awareness of regulatory responsibilities.   This conversation is essential listening for legal practitioners, in-house counsel, compliance officers, supply chain managers, and investors seeking a practical and strategic understanding of TSCA's current enforcement landscape.    Get your copy of Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA. 

In the wake of the Los Angeles fires and amid a growing wildfire crisis, Doug Green, manager of Headwaters Economics' Community Planning Assistance for Wildfire (CPAW) program, joins Andrew Kihn, programming vice chair of the Forest Resources Committee, for a conversation about the L.A. fires, the broader wildfire emergency, and the political and regulatory landscape of wildfire management in the United States. They discuss persistent challenges facing communities in the wildland-urban interface (WUI) and highlight best practices for improving wildfire preparedness in both the built environment and America's forested lands.

Join Tim Kelly (Hausfeld) and Misha Tseytlin (Troutman Pepper Locke) as they unpack the U.S. Supreme Court's landmark decision in City and County of San Francisco v. EPA. The ruling struck down the EPA's use of “end-result” requirements in NPDES permits, ruling that the Clean Water Act (CWA) does not authorize the agency to impose permit conditions that hold dischargers responsible for overall water quality in receiving waters. The decision has significant implications for municipal wastewater treatment, regulatory enforcement, and the scope of the EPA's authority under the CWA. In this episode, they explore: The legal reasoning behind the Court's decision, including highlights from the majority and dissenting opinions The implications for municipal wastewater treatment plants, particularly those operating combined sewer systems How the decision impacts the EPA's regulatory powers and enforcement strategies What this means for the future of Clean Water Act litigation and the evolving role of state environmental agencies Whether you're a legal practitioner, environmental policy expert, or simply interested in water law, this episode offers valuable insight into a pivotal case reshaping federal environmental regulation.

The National Environmental Policy Act (NEPA) landscape is shifting fast. With major developments like Eagle County, Marin Audubon, Section 5 of President Trump's Unleashing American Energy Executive Order, and several critical cases on the horizon, the way NEPA is applied and interpreted is set for a major transformation. Join Susan Jane Brown (Silvix Resources) in a thought-provoking discussion with Ted Boling (Perkins Coie Partner, former member of the Council on Environmental Quality) and Dinah Bear (former General Counsel of the Council on Environmental Quality). Together, they'll break down these pivotal changes, what they mean for environmental policy, and how NEPA's role may evolve in the years ahead. Don't miss this essential conversation for legal professionals, policymakers, and anyone invested in the future of environmental law.

In the third episode of the Mill Closures and Workforce Shortages in the West series, Andrew Kihn is joined by Susan Jane Brown, Principal and Chief of Silvix Resources, a nonprofit environmental law firm. Together, they explore the implications of the ongoing workforce challenges on the conservation, stewardship, and restoration of western public lands. The two discuss the often fraught relationship between communities dependent on timber harvest and conservation interests, and Susan Jane Brown elucidates the opportunities and imperatives of coalition building across the divide. 

In the second episode of the Mill Closures and Workforce Shortages in the West series, Andrew Kihn from the Oregon Bureau of Labor and Industries returns, joined by Travis Joseph, President and CEO of the American Forest Resource Council. Together, they delve into the role of land management policies in addressing workforce challenges from the perspective of the timber trade association. Building on the foundation laid in the first episode, this discussion highlights how policy solutions can mitigate the workforce shortages tied to the ongoing closures of lumber mills in the American West. Travis Joseph provides insights into how these closures impact both the timber industry and the broader regional economy, offering actionable approaches to support sustainable forest management and workforce retention.

From the Forest Resources Committee comes a new series, Mill Closures and Workforce Shortages in the West, which examines legal and policy solutions to workforce challenges linked to the alarming rate of lumber mill closures in the American West. These closures have far-reaching implications for regional forest health and economic vitality. Mill owners cite various reasons for shutting down, from global market pressures to regional regulatory hurdles, with one recurring challenge: attracting and retaining a skilled workforce. In this first episode, Andrew Kihn, Oregon Bureau of Labor and Industries, joins Jesse Wade, economist and director of tax and trade policy analysis for the National Association of Home Builders, to explore the economic and policy landscape driving these issues.

This podcast featuring Susan L. Stephens (Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.), Kim Diana Connolly (University at Buffalo School of Law, State University of New York), and Sarah P. Jarboe (English, Lucas, Priest & Owsley, LLP) provides a succinct summary of the history of federal regulation of wetlands under section 404 of the Clean Water Act, outlining the seminal Supreme Court decisions that steered the agency rulemaking and set the stage for the Sackett decision.  The speakers delve into the Rapanos case and subsequent rulemaking, explaining how these developments informed the Supreme Court, led to multiple lawsuits across multiple states, and culminated in the Court's strongly-worded opinion in U.S. v. Sackett that virtually everyone agrees served to narrow the scope of federal jurisdiction over wetlands.  Importantly, listeners will hear the latest updates in the litigation challenging the most recent agency rulemaking, how federal courts are interpreting Sackett across the country, and how federal agencies are handling requests for jurisdictional determinations under the regulatory regime that Sackett left in its wake. Tune in to hear their predictions on what comes next. For the latest jurisdictional announcements, visit https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/juris_info/.  For more content from these speakers, get their book Wetlands Law and Policy: Understanding Section 404, Second Edition.

In this episode, Rhys Davies (Kirkland & Ellis International LLP) joins Natalia Urzola (SJD Candidate, Elisabeth Haub School of Law at Pace University) to discuss the Court of Appeal's decision in The Hague, Netherlands, in Shell v. Milieudefensie. The court determined that while Shell has obligations to reduce its scope 3 emissions, it is not required to meet a specific reduction target. The podcast explores this ruling in the context of existing and upcoming EU regulatory frameworks, including the Corporate Sustainability Reporting Directive and the Corporate Sustainability Due Diligence Directive. It also compares these EU requirements with climate-related regulations in other jurisdictions and examines the broader implications for global businesses. Join Rhys Davies and an expert panel at the ABA CLE Webinar, "Corporate Climate Reporting Requirements: A Fast-Changing Landscape," on Tuesday, December 10, 2024, from 12:00 to 1:30 PM CST. Don't miss this insightful discussion on the evolving landscape of corporate climate reporting. Register here: Corporate Climate Reporting Requirements: A Fast-Changing Landscape

This podcast features two experts in environmental/energy/land use law analyzing what became a legal Rubik's Cube with many different moving pieces to be realigned by attorneys and clients. New policy is changing electric power to move most of the U.S. economy rapidly to utilize electric power in lieu of conventional direct use of fossil fuels for heating, vehicles, and industry. This fundamental transformation occurs amid demands for much more electric power for artificial intelligence, data centers, and cryptocurrency mining, with the Supreme Court in West Virginia v. EPA declaring that “The electric power sector is among the largest in the U.S. economy, with links to every other sector.” This podcast identifies multiple resulting new challenges and provides legal “workarounds” regardless of who sits in the White House. French President Macron warned the U.S. Congress: “We're killing our planet. Let us face it. There is no Planet B.” As the United States now rapidly responds to move to clean energy to power our future, in mid-2024 the Supreme Court fundamentally altered legal options: creating a new major questions doctrine fundamentally reducing presidential power particularly related to energy, clean air, and climate; critically “overruling” the most cited Supreme Court decision in the last 50 years, which also involves the environment eliminating the ability of certain federal agencies enforcing laws to impose civil fines; and extending dramatically the statute of limitations to challenge federal regulations affecting environment/energy/land-use (renewable electricity is less dense and requires five to ten times as much land as conventional generation of electricity) This podcast provides a user-friendly road map through this fast-realigning legal maze, and for those interested this podcast is backed up by a new ABA book (Powering the Future: A Lawyer's Guide to Clean Energy) containing all precedent and providing state-by-state charts analyzing barriers, legal differences, and how lawyers may take advantage of achievable workarounds region-by-region.

This new episode focuses on the recent U.S. Supreme Court decision in Loper Bright Enterprises, Inc. v. Raimondo and its impact on administrative law, moderated by Norm Dupont, Of Counsel at Aleshire & Wynder. The discussion features Professor Lisa Heinzerling of Georgetown University Law, a leading scholar in environmental and administrative law, and John Cruden, a Principal at Beveridge & Diamond and former Assistant Attorney General for the Department of Justice's Environment and Natural Resources Division. The panel examines the court's 6-3 ruling, which overturned the long-standing Chevron doctrine, shifting the power of statutory interpretation from agencies to judges, now requiring judges to determine the "best interpretation" of ambiguous laws. Heinzerling provides context on the Chevron doctrine's 40-year application and potential alternatives, while Cruden discusses the implications for future cases from a private lawyer's perspective. Together, they explore the broader effects on administrative agencies, environmental policy, and statutory interpretation.

In this podcast, David Rieser (K&L Gates) and Amy Edwards (Holland & Knight) will discuss the challenges and uncertainties of incorporating PFAS compounds into Phase I environmental assessments, including how to detect their presence and manage associated risks in real estate transactions. Now that EPA has identified two PFAS compounds as hazardous substances, ASTM's most recent Phase I methodology (ASTM E-1527-21) allows environmental professionals to include those PFAS compounds as part of their Phase I assessment. Yet it's not clear how they determine whether PFAS are present or likely present at a property, let alone whether that presence is the result of a past or threatened release. On the one hand, PFAS can be associated with certain locations, such as airports which used firefighting foam and certain industries such as manufacturers producing non-stick material and products. At the same time, PFAS have been found in surprising places with no clearly identifiable sources, such as Antarctica. While Phase Is are always more art than science, the level of uncertainty around PFAS makes the process especially fraught. Buyers and sellers will have to decide whether this is an issue they want addressed and consultants will be concerned about their risks of addressing or not addressing PFAS. These choices may affect the ability of the buyer to assert an innocent landowner or bona fide purchaser defense to a CERCLA claim regarding the costs to address PFAS. Unscrupulous parties may look to take advantage of the uncertainty to obtain favorable leverage and unscrupulous consultants may use the uncertainty to sell unnecessary services. In short, this is a good time to hear from experts in Phase I requirements and nuances. Amy Edwards has participated in the ASTM Phase I process from the beginning, has a wealth of environmental transactional experience and has read more Phase Is than she cares to admit. David Rieser is an experienced environmental attorney and has written extensively on transactional issues. Together they intend to talk through the PFAS issues in Phase Is in the hope of finding useful approaches to deal with these thorny issues.

In this final episode of the Global Climate Change and U.S. Law series, editor Michael Gerrard will talk with Tracy Hester, Instructional Professor of Law at University of Houston Law Center, and Peter Lehner, Managing Attorney for Earthjustice's Sustainable Food & Farming Program, about engineered methods that remove the pollution before it goes out a smokestack, or that draw it down from the atmosphere; and changed farming methods to reduce agricultural emissions and absorb carbon in plants and soil. This episode will be focused on Part 5, "The Next Legal Frontiers," of "Global Climate Change and U.S. Law 3rd Edition." Get your copy of Global Climate Change and U.S. Law, Third Edition here: Global Climate Change and U.S. Law, Third Edition (americanbar.org)

Heightened political and investor scrutiny; increasing regulations, lawsuits and government investigations; and numerous employee interests regarding a wide range of ESG issues — all of it amounts to considerable pressure on corporate boards and management to balance the implementation of ESG-related objectives while managing ESG-related risks. As one example, the SEC's new Climate-Related Disclosure Rules (if they withstand pending legal challenges) will require disclosure about a registrant's climate-related goals that materially affect the registrant's business; meanwhile, companies setting such goals may find themselves the target of political attacks, lawsuits or government investigations. How can boards and management navigate these often diverging objectives while staying on course with their fiduciary duties? Delving into the governance risks and opportunities covered in the new ABA book “Environmental, Social, Governance: The Professional's Guide to the Law and Practice of ESG”, this podcast will explore governance aspects in the ever-evolving area of ESG, including the SEC's recent Climate-Related Disclosure Rules and the challenges created by overlapping and potentially conflicting disclosure regimes (e.g., in California and the EU) and other regulators' expectations (e.g., the banking agencies); balancing the often competing and impassioned ESG-related expectations of various stakeholders; the intersection between ESG and other emerging issues, like Artificial Intelligence; and best practices for incorporating ESG into a company's operations. Get your copy of Environmental, Social, Governance: The Professional's Guide to the Law and Practice of ESG here: Environmental, Social, Governance: The Professional's Guide to the Law and Practice of ESG (americanbar.org)

In this second episode of the series Global Climate Change & U.S. Law, editor Michael Burger will talk with chapter authors Sheila Foster, Professor of Urban Law and Policy at Georgetown University, and Alice Kaswan, Professor of Law at University of San Francisco, about local innovation, climate justice, and how to adapt to a climate changed world. This podcast will focus on part 3 of the "Global Climate Change and U.S. Law, Third Edition" book, discussing State and Multistate Climate Action and Local Initiatives. This podcast will also touch on some of the Federal topics presented in part 2 of the book.   Get your copy of Global Climate Change and U.S. Law, Third Edition here: Global Climate Change and U.S. Law, Third Edition (americanbar.org)

Explore the implications of FERC Order 1920, a pivotal regulation set to reshape the landscape of energy transmission in the United States. This episode will discuss implications of the Order, focusing on enhanced long-term planning and transparency mandates, the integration of state entities in cost allocation processes, and the requirement for transmission providers to consider grid-enhancing technologies. It will also delve into the challenges and opportunities presented by these changes, including how they aim to bolster grid reliability, accommodate future energy needs, and drive the transition to a more resilient and sustainable energy infrastructure. Whether you're an industry insider, policy maker, or simply passionate about the future of energy, this podcast offers valuable insights into one of the most significant regulatory developments in recent years.

In the series Global Climate Change & U.S. Law, editors Jody Freedman, Michael B. Gerrard, and Michael Burger explore the pivotal themes in their book Global Climate Change and U.S. Law, Third Edition. In this first episode, Jody talks with chapter authors Tom Lorenzen, a Partner at Crowell & Moring LLP, and Jim Rossi, Professor of Law at Vanderbilt University, about the most important developments in federal climate and energy regulation, including major rules and orders issued or being considered by the EPA and FERC.   Get your copy of Global Climate Change and U.S. Law, Third Edition here: Global Climate Change and U.S. Law, Third Edition (americanbar.org)

Join our esteemed Chairs as they illuminate the most pressing topics and key issues in energy law that will shape the year ahead. From regulatory changes and sustainability challenges to groundbreaking technologies and market dynamics, this introduction to the upcoming energy law series promises a front-row seat to the discussions that matter most to professionals navigating the complex world of energy law. Whether you're a seasoned practitioner or new to the field, 'Energy Insights' offers a unique blend of expert analysis, insider perspectives, and engaging dialogue that you won't want to miss.

Joe Goffman, Principal Deputy Assistant Administrator for Air and Radiation at the U.S. Environmental Protection Agency, and Chuck Knauss, former lead Republican Counsel to the House Energy and Commerce Committee during the 1990 Clean Air Act Amendments, about the Office of Air and Radiation's recent accomplishments and its priorities for the coming year.

Walter Mugdan discusses his career at EPA, where he began working in 1975 as a staff attorney in Region 2, and subsequently served in various supervisory positions in the Office of Regional Counsel, with Emily Mott, senior associate at Baker Botts LLP and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

Roger Martella discusses his service as General Counsel at the EPA from 2005-2008 with JD Howard, an associate at Morris, Manning, & Martin, LLP and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

In the second of two episodes, Quentin Pair continues a discussion on his career and environmental justice, and shares his thoughts on the future of EPA with Phillip Dupré, a Senior Attorney at the U.S. Department of Justice, ENRD - Environmental Defense Section, and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

In the first of two episodes, Quentin Pair discusses his career, which included serving as senior trial attorney for the Environment and Natural Resources Division of the U.S. Department of Justice for many years and working on environmental justice issues while at the EPA, with Phillip Dupré, a Senior Attorney at the U.S. Department of Justice, ENRD - Environmental Defense Section, and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

With its intricate layers of international, federal, and state protections, environmental law is more established than animal law. In this podcast episode, Glenda Valdez, a recent graduate of Lewis & Clark Law School, interviews Professor Randall Abate, Assistant Dean for Environmental Studies and a Professorial Lecturer in Law at The George Washington University Law School, about the experiences of these two fields and how they can work together to secure mutual gains. Professor Abate has a distinguished background teaching, writing, and mentoring students for three decades on domestic and international environmental law and animal law topics. He has published six books on these issues, with a recent emphasis on climate justice for vulnerable populations of humans and nonhumans. His latest book is titled What Can Animal Law Learn From Environmental Law? (Environmental Law Institute Press, 2d ed., 2020).

This podcast episode examines key legal and policy issues around the use of prescribed fire to reduce wildfire risk and the ongoing shift away from fire suppression policies to reintroducing fire back onto the landscape.  Podcast Speakers: Steven Hattenbach is the USFS Forest Supervisor for the Cibola National Forest. Steven is also an attorney and presents for CLE's and trainings on topics regarding wildfire liability. Anthony Martinez is the Fuels Program Manager for the Cibola National Forest and has been Incident Commander on multiple wildfire operations. Both presenters offer a unique senior level management and law/policy perspective. Additionally, both presenters have been involved with the recent pause and resumption to USFS prescribed fire operations. Podcast moderator: Elias Kohn received a Master's Degree focused on forestry at the Yale School of the Environment, has published law review articles on wildfire liability, and completed wildland firefighting training certifications in 2022.

Martin Topper discusses his career at the EPA, where he worked from 1987-1996, including serving as National Indian Program Coordinator for over seven years, with Cynthia Harris, staff attorney and Director of Tribal Programs at the Environmental Law Institute and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

John Cruden discusses his career, including his more than two decades, as a senior leader on environment and natural resource matters at the U.S. Department of Justice, with Emily Mott, senior associate at Baker Botts LLP and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

In the eighth and final episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns Series, Sarah Morath, Associate Professor at Wake Forest Law, and Megan Baroni, a partner with Robinson+Cole, discuss future litigation trends in the microplastics realm. This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.

In the seventh episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns Series, Jennifer Novak, an attorney at the Law Office of Jennifer Novak, and Kevin Budris, Advocacy Director at Just Zero, dive into the near-term and future efforts to regulate microplastics in the water, air, and product manufacturing. This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.

In the sixth episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns Series, Byron Brown, Senior Counsel at Crowell & Moring LLP, explains the current regulatory efforts around microplastics, including safer products, recycling efforts, and single-use plastic bans. This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.

In the fifth episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns Series, Dr. Scott Coffin, a Research Scientist at the California State Water Resources Control Board, and Catherine Boston, Principal Scientist and Risk Assessor at Roux Associates, investigate the health risks and human health toxicology of microplastics. This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.

In the fourth episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns Series, Dr. Lance Yonkos, Associate Professor of Environmental Science and Technology at the University of Maryland, and Shannon Edmonds, Staff Scientist at Roux Associates, explore the ecological risks and ecotoxicology of microplastics, including in the aquatic and terrestrial systems. This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.

In the third episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns Series, Andrew Patterson, Technical Director for Eurofins Specialty Services, and Rachel Maxwell, Senior Scientist at Roux Associates, discuss sampling methods and analytical techniques for finding microplastics in soil, water, air, and sediment. This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.

In the second episode of the Environmental Laws and Regulations for Emerging Microplastics series, Shannon Edmonds and Rachel Henke, both of Roux Associates, discuss the presence of microplastics in the environment, including the lifecycle and sources of microplastics. This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.

In the first episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns podcast series, Carroll Muffett explains the fundamentals of microplastics and the history of the plastic industry. Carroll Muffett is President and CEO of the Center for International Environmental Law (CIEL). 

David Coursen discusses his career at the EPA, where he worked on tribal matters in the 80's, 90's, and early 2000's, with Cynthia Harris, staff attorney and Director of Tribal Programs at the Environmental Law Institute and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

Chuck Elkins discusses his career at the EPA, where he held 10 different senior management positions between 1971 and 1995, with JD Howard, an associate at Morris, Manning, & Martin, LLP and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

This podcast episode addresses recent US Supreme Court decisions and ongoing litigation before the Court regarding the interaction of surface water and groundwater. Three recent United States Supreme Court cases — the decisions in County of Maui v. Hawai'i Wildlife Fund and Mississippi v. Tennessee, and the ongoing litigation before the Supreme Court in Texas v. New Mexico and Colorado — reflect the slow but inevitable changes to the traditional legal framework surrounding federal consideration of surface water and groundwater interaction. Our guest is Kathy Robb, the author of an article discussing these cases and related issues.

Keith Tashima, Environmental Safety & Health Counsel at Lockheed Martin Corporation, is interviewed by Peter Keays, Shareholder at Hangley Aronchick Segal Pudlin & Shiller, about his recent transition from the DOJ to his current in-house position. Keith discusses a range of issues, including the challenges presented by his new role, his strategies for success, and tips for outside counsel working with new in-house counsel. This episode is the second in a series that explores the perspectives, role, and daily lives of in-house environmental counsel. The views expressed by Keith and Peter reflect their personal experiences and observations and are not those of their clients, firm, or employer.     

In this episode, Heather Tanana and John Ruple (S.J. Quinney College of Law – University of Utah) discuss their recent NR&E article. Climate change is a global environmental problem, and within the United States, the adverse impacts of our changing climate are falling disproportionately on minority and low-income communities. Native Americans and tribal communities are being impacted in unique ways because of their long and deep ties to landscapes that are subject to rapid environmental changes. The hosts highlight the federal government's legal obligations to protect Native Americans and the lands they occupy as well as the disproportionate impacts climate change is having on tribal communities. Based on a review of over 100 articles and other publications on the nexus between science and law, they identify recommendations on how to better synchronize science and policy to address climate change, including the recognition and utilization of indigenous science.

Barry Breen, Principal Deputy Assistant Administrator of the EPA's Office of Land and Emergency Management, discusses his career at the EPA with Emily Mott, senior associate at Baker Botts LLP and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

In 1990, Congress amended the Clean Air Act with Title VI, with provisions for protecting the ozone layer. In this program David Doniger and host Matt Oakes discuss the history and successful implementation of Title VI and the Montreal Protocol. The sun emits radiation, including harmful ultraviolet radiation. The ozone layer absorbs a portion of the sun's radiation, preventing it from reaching the planet's surface. In 1985, scientists discovered a hole in the ozone shield over Antarctica. This discovery led to an international convention that laid the groundwork for the Montreal Protocol. The Montreal Protocol is designed to reduce the consumption and production of substances harmful to the ozone layer. The United States implemented the Montreal Protocol by passing Title VI of the Clean Air Act. Title VI uses market-based mechanisms to phase out production of ozone-depleting substances. Because of the Montreal Protocol and laws such as CAA Title VI, concentrations of ozone-depleting gases in the atmosphere have significantly declined. Our guest David Doniger helped to formulate the Montreal Protocol and relevant Clean Air Act amendments. This podcast will focus on the story behind the legal response to the ozone hole.

Jessica Sharrow Thompson, Senior Counsel, EHS & Sustainability at PPG, is interviewed by Evynn Overton, Beveridge & Diamond, P.C., about the biggest surprises, challenges, and opportunities when making the switch from private practice to an in-house counsel role. This episode is the first in a series on the perspective and role of in-house counsel in environmental law.

Peter D. Wolf, President of Nuclear Energy Solutions, Inc., interviews Jeffrey S. Merrifield, a former Commissioner of the U.S. Nuclear Regulatory Commission, regarding the proposed Part 53 regulations to the Nuclear Energy Innovation and Modernization Act (NEIMA). Before interviewing Jeff, Peter discusses the development of nuclear energy regulation starting with the Atomic Energy Acts through NEIMA, passed in 2019. He explains advanced reactors and why the legislation mandated new Part 53 regulations to accommodate these new technologies. 

This podcast discusses an emerging strategy that can be used to protect cultural resources and reserved rights. The role that tribes are playing in cooperatively managing federal lands and resources is gaining ground and setting the stage for meaningful tribal decision-making. Co-management, or equal decision making authority for activities that impact tribes, is gaining recognition as superior to current tribal consultation practice. This podcast discusses how policy makers can incorporate co-management practices into regulatory regimes to ensure that tribal interests are heard and protected. Our hosts will discuss if and where co-management is currently practiced, how those efforts are impacting participating tribes, and the efforts to promote co-management growth across various regions and regulations.

Norman Rave, who has likely defended more EPA Clean Air regulations than any other attorney in the history of the United States Department of Justice, joins moderator Matt Oakes to discuss the interaction of National Ambient Air Quality Standards, State Implementation Plans, and the Cross State Air Pollution Rule. In this podcast Norman Rave and Matt Oakes explain the interaction of Clean Air Act National Ambient Air Quality Standards and State Implementation Plans. These elements form the foundation of the federal Clean Air Act. We then look at these foundational elements in the context of a series of cases interpreting the Clean Air Act's “good neighbor provision.” That provision requires upwind states to account for air emissions that contribute to air quality problems in downwind states. Norman, who spent almost a decade in private practice, and several decades in the United States Department of Justice defending EPA regulations, was one of the attorneys primarily responsible for defending EPA's Cross State Air Pollution Rule, a rule seeking to implement the “good neighbor provision” for specific pollutants. This litigation spanned many years, resulting in several D.C. Circuit decisions and one Supreme Court decision (E.P.A. v. EME Homer City Generation, L.P., 572 U.S. 489 (2014) (upholding EPA's interpretation of the “good neighbor provision” that mandated a cost-effective allocation of emission-reduction responsibilities).

In this episode on the global pollution crisis of marine debris, Joan Bondareff and Martha McCoy discuss the scope, sources, and impacts of the marine debris problem and measures to address it. The episode covers ongoing and emerging federal, nonprofit, community, and international action to prevent and respond to marine debris, as well as recent and proposed legislation addressing plastic pollution and marine debris. Marine debris, consisting of huge amounts of materials such as plastics, metals, and rubber disposed of or abandoned into the marine environment, is a vast pollution problem facing the ocean and waterways. Marine debris is abundant and extensive, and it causes adverse impacts on wildlife, the environment, the economy, and navigation safety. Plastic pollution in the oceans and waterways poses a particular concern; plastic does not biodegrade in any meaningful amount, but rather, wave energy and sunlight can break plastic down into microplastic fragments, which may carry harmful chemicals and additives, such as endocrine disruptors. Animals consume microplastics in the environment and humans consume microplastics through sources such as drinking water and seafood; this exposure to microplastics may lead to health concerns. Key developments over the last several years in legislation, international action, and policy approaches illustrate the ongoing and emerging trends in the multi-pronged approach by federal agencies, nonprofits, and other organizations to target the sources and impacts of marine debris and further action is needed to address this growing crisis. The speakers, Joan Bondareff and Martha McCoy, discuss the scope, sources and impacts of marine debris and will address federal, nonprofit, community, and international action to prevent and respond to the problem of marine debris. The speakers also discuss recent and proposed legislation addressing plastic pollution and marine debris. Joan Bondareff is Maritime Counsel at Blank Rome LLP and former Senior Counsel to the House Committee on Merchant Marine and Fisheries, and author of several articles on the subject including https://safepassageblankrome.com/2020/12/16/marine-plastic-pollution/. Martha McCoy is author of an article in the Spring 2021 Natural Resources & Environment publication titled "Marine Debris: the U.S. Federal Role in a Local and Global Problem," and in her role as an Attorney-Advisor with the National Oceanic and Atmospheric Administration (NOAA) Office of General Counsel, she provides legal counsel to, among others, NOAA's Marine Debris Program. (Disclaimer: the podcast will express Martha McCoy's personal views and not the official views or position of NOAA or the Department of Commerce).

In this episode Dr. Devra Davis and moderator Matt Oakes discuss historic events that led to the development of the first federal Clean Air Act. Dr. Devra Davis joins moderator Matt Oakes to discuss the history of major air inversion events that led to smog clouds that killed many Americans in the middle part of the 20th Century. These inversion events combined with other factors to general momentum for development of the wide-scale federal air regulation. Dr. Davis was Founding Director, Center for Environmental Oncology, University of Pittsburgh Cancer Institute, and Professor of Epidemiology at the Graduate School of Public Health (2004-2010). She has also served as a Distinguished Visiting Professor at the London School of Hygiene (2002-03) and Tropical Medicine, and at the Yeshiva University, New York (1995-96), and as a Visiting Professor at Mt.Sinai School of Medicine (1983-2010), Oberlin College (2000-2001) and Carnegie Mellon University (1999-2004). She is the founder of Environmental Health Trust in Teton County, Wyoming, a group that provides research and education about environmental health hazards. Dr. Davis is currently Visiting Professor of Medicine at The Hebrew University Hadassah Medical School, Jerusalem, Israel, and Ondokuz Mayis University Medical School, Samsun, Turkey. She has authored three books and hundreds of other publications, including When Smoke Ran Like Water: Tales of Environmental Deception and the Battle Against Pollution (2002, Basic Books), a National Book Award Finalist.

The “who’s who” of Environment, Energy, and Resources law will congregate at the Westin Copley Place in Boston on September 11-14 for the ABA SEER 27th Fall Conference, which is already proving to be a not to miss event. On today’s podcast, Shelly Geppert, 2019 Fall Conference Planning Chair along with Section members Larry Cullen, Teresa Christopher, Justin Smith, and Jessica Wall share what panels they are most excited for and who they are excited to hear from at this year’s Fall Conference.

Join us for our newest podcast episode on Carbon Capture and Storage. Michael Cummings speaks with Doug Scott (Vice-President, Great Plains Institute) and Stacey Dahl (Senior Manager of External Affairs, Minnkota Power Cooperative) about the current landscape of carbon capture, use, and storage including an overview of current and potential uses in power generation, enhanced oil recovery, and other industry, recent and proposed legislation, and opportunities and challenges in connecting CO2 producers and end-users.

The authors of the Year-in-Review publication will discuss key cases occurring in environmental litigation, including cases that have created an ongoing legal debate concerning the jurisdiction of the Clean Water Act, liability for PFAS contamination, corporate responsibility for climate change, and the scope of class certification in environmental cases. In part 3 of the three part series, join Matt Wickersham and William S. “Buddy” Cox III. The 2018 Year in Review is available now. Access the chapters by becoming a section member today. To join, visit americanbar.org/environ.