Environmental Law Explored: A Podcast SEERies

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.

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.

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 2 of the three part series, join Matt Wickersham and John Watson in discussing the Giovanni v. U.S. Department of the Navy case. The 2018 Year in Review is available now. Access the chapters by becoming a section member today. To join, visit americanbar.org/environ.

On this podcast, you'll hear Peter Wright, Special Counsel to US EPA Administrator Andrew Wheeler, and Planning Chair Ilene Munk discussing the upcoming Master Class on Complex Environmental Liability Resolution coming up in June in Atlanta, GA. Don't miss out and register for the conference by visiting ambar.org/cercla today!

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 1 of the three part series, join Kim Bick and Denise Fellers in discussing the Hawaii Wildlife Fund v. County of Maui. The 2018 Year in Review is available now. Access the chapters by becoming a section member today. To join, visit americanbar.org/environ.

Were you thrown head first into responding to written discovery at the start of your career without much guidance on what's actually expected of you and your clients? Has it been a while since you've brushed up on the latest federal rule changes affecting discovery? Are you curious about expectations for discovery of electronically stored information, whether or not block objections are really acceptable, or what to do if your client hasn't been truthful? If you answered yes to any of the above, please join us as we get up-to-date practice pointers on written discovery responses and ethical considerations. Host Ronnie Gosselin of the Section's Environmental Litigation and Toxic Torts Committee talks with Ameri Klafeta of Eimer Stahl. Find out what you've been missing today! Please rate and review us on iTunes. To learn more about our Section, or to join us, please visit www.americanbar.org/environ. Be sure to register for the 25th Fall Conference in Baltimore, MD, featuring a diverse roster of speakers and experts on all facets of environmental, energy, and resources law. Visit www.shopaba.org/environfall for full details.

In 2015, the Pawnee Nation approved a moratorium on fracking. The region was shaken by a 5.8 magnitude earthquake on September 3, 2016. In March 2017, the Pawnee Nation filed a claim in tribal court, seeking damages from several oil companies, alleging hydraulic fracturing (specifically, wastewater injected into disposal wells) caused an increase in earthquakes, damaging tribal buildings and land. This case could be consequential, in that it was brought in tribal court. It brings to the forefront discussion over tribal sovereignty, and tension between tribes' concerns about harms to the environment and royalties generated by energy and mineral resources, which many tribes rely on. Host Cynthia Harris of the Section's Committee on Native American Resources interviews Professor Taiawagi Helton of the University of Oklahoma College of Law. Please rate and review us on iTunes, and share our podcast widely. To learn more about our Section and to join us, visit www.americanbar.org/environ.

Guests John Howes, Roger Feldman, and George Crabtree discuss how laws related to the overall process of making, consuming, and disposing of consumer goods need to be shaped and coordinated in order to avoid unintended environmental consequences. Specifically, the panel talks about the rare earth metals that comprise a wide range of consumer electronics, and how sustainable policies need to be implemented by the corporate and legislative sectors. Our panelists include: Roger Feldman, OF Andrews Kurth Kenyon in Washington D.C., and chair of our Section's Infrastructure, Siting, and Reliability Committee Dr. George Crabtree, Director of the Joint Center for Energy Storage Research at Argonne National Laboratory and Distinguished Professor of Physics Electrical and Mechanical Engineering at the University of Illinois in Chicago John Howes, Principal of the Redland Energy Group in Washington, DC To support our Section, or to join us, please visit our website at www.americanbar.org/environ

The U.S. has approximately 72,000 miles of pipeline transporting crude oil across the country, but no pipeline has garnered more recent attention than the Dakota Access Pipeline (DAPL). Join host Shelly Geppert (Eimer Stahl LLP) and Troy A. Eid, a principal shareholder in the Denver office of Greenberg Traurig, and co-chair of the firm's American Indian Law Practice Group, as they discuss the protests and litigation surrounding the pipeline, and the impact of recent executive orders on the future of DAPL. An accompanying powerpoint presentation is available at ambar.org/environyl. Please rate and review us on iTunes. Produced by the ABA Section of Environment, Energy, and Resources. Online at http://www.americanbar.org/environ

Host Jillian Kirn interviews 30-year ABA member and former Section Chair Bill Penny, a partner with Burr and Foreman LLP in Nashville, and chair of the firm's environmental practice group. Bill shares with us his journey to becoming an environmental lawyer, advice for young lawyers, and the value he placed on his ABA membership in building his career. Please rate and review us on iTunes. Produced by the ABA Section of Environment, Energy, and Resources. Online at http://www.americanbar.org/environ

Host Joan Radovich interviews former Section Chair Sheila Hollis. Hollis is a 42-year member of the ABA, and talks about the early days of practicing environmental law, her experience as a woman in a very male-dominated profession, and tips and advice for career advancement she has learned over her long, storied career. Please rate and review us on iTunes. Produced by the ABA Section of Environment, Energy, and Resources. Online at http://www.americanbar.org/environ

Mat Todaro, chair of the Special Committee on Young Lawyers, talks with Julie Domike and Alex Zacaroli, co-editors of The Clean Air Act Handbook, Fourth Edition. They talk about the challenges in building a clean air practice, and offer career advice to lawyers working in the environmental law field. Please rate and review us on iTunes. Produced by the ABA Section of Environment, Energy, and Resources. Online at http://www.americanbar.org/environ.

Gary Steinbauer speaks with Peter L. Gray, co-chair of Dentons' U.S. Environment and Natural Resources Practice and author of the Superfund Manual: A Practitioner's Guide to CERCLA Litigation, about the changing legal issues dominating the CERCLA landscape. Since its enactment more than 35 years ago, CERCLA has led to numerous high-profile lawsuits and continues to be an active area of environmental law. Contaminated sites addressed under CERCLA are now more complex and significantly more expensive. Sponsored by the ABA Section of Environment, Energy, and Resources. Online at http://www.americanbar.org/environ.

Assistant U.S. Attorney General John Cruden heads the U.S. Department of Justice Energy and Natural Resources Division, making him the top environmental lawyer at the U.S. DOJ. Cruden served as Chair of the ABA Section of Environment, Energy, and Resources from 2009-2010. Having spent a great deal of time in courtrooms and speaking before large groups, he shares with our Leadership Development Program class his tips on projecting a presence. Sponsored by the ABA Section of Environment, Energy, and Resources. Online at http://www.americanbar.org/environ

Andy Emerson of Holland and Knight LLP talks with Andrew Stewart of Vinson and Elkins LLP about the US EPA's recent announcement of new National Enforcement Initiatives for FY 2017–2019. Despite a declining resource base, the Agency has expanded the sectors and industrial activities that will receive priority national enforcement attention. EPA civil and criminal enforcement offices will dedicate focused resources toward the industrial activities covered by these NEIs as part of a nationwide program aimed at noncomplying facilities. Sponsored by the ABA Section of Environment, Energy, and Resources. Online at http://www.americanbar.org/environ

Past Section Chair Alexandra Dapolito Dunn discusses the value and art of networking, with many tips on how to create a memorable impression. Dunn is a former chair of our Section from 2012-2013, and currently serves as executive director of the Environmental Council of the States in Washington, DC. She's joined in the conversation by moderator John Milner. Sponsored by the ABA Section of Environment, Energy, and Resources. Online at http://www.americanbar.org/environ

The U.S. EPA developed it's voluntary disclosure program to provide additional incentives for regulated entities to identify and correct non-compliance. Andy Emerson of the ABA Section of Environment, Energy, and Resources talks with Andrew Stewart of Vinson & Elkins LLP about recent changes and updates to the EPA's program. Sponsored by the ABA Section of Environment, Energy, and Resources. Online at http://www.americanbar.org/environ

The ABA Section of Environment, Energy, and Resources hosts the 45th Annual Spring Conference on Environmental Law on March 30-April 1, 2016 in Austin, Texas. Co-hosts Sean Dixon and Maggie Peloso interview two featured speakers about the panels they will present at the conference. First, L. Michael Bogert discusses the Endangered Species Act, followed by Emily S. Fisher on the latest developments with the Obama Administration's Clean Power Plan. Find out more about the 45th Spring Conference at http://www.shopaba.org/environspring

The ABA Section of Environment, Energy, and Resources invites notable lawyers to talk to the Leadership Development Program participants about career development. This episode features Steve Miano, a shareholder with the firm of Hangley Aronchick Segal Pudlin and Schiller in Philadelphia, PA. Steve has been practicing environmental law for over 25 years, and is a past Chair of our Section. Today, Steve offers his advice for dealing with difficult personalities.

The ABA Section of Environment, Energy, and Resources invites notable lawyers to talk to the Leadership Development Program participants about career development. This episode features Margaret Peloso, a senior associate with Vinson & Elkins, based in Washington D.C. She discusses balancing a legal career with a family life.

The ABA Section of Environment, Energy, and Resources invites notable lawyers to talk to the Leadership Development Program participants about career development. This episode features Roger Martella, former general counsel for the U.S. Environmental Protection Agency, and current partner at Sidley Austin LLP, discussing professionalism in the legal profession.

Our panel gives a basic overview of the key areas of alignment and non-alignment between the European Union's and the United States's approach to chemical management by exploring the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) and the Toxic Substances Control Act (TSCA). Panelists also discuss how pending TSCA reform legislation would amend the TSCA to be more or less similar to REACH.

Our panel briefly discusses current developments in Climate Change related to the Clean Air Act, the Clean Power Plan, and future developments prior to the 2015 Paris meetings on Global Climate Change. The discussion focused on current events related to Global Climate Change and US Law discussed extensively in Michael B. Gerrard and Jody Freeman's book, Global Climate Change and U.S. Law, Second Edition. You can buy the book at www.shopaba.org