Global Warming: Climate Change and the Law
Why Attend?
Climate change has graduated from an uncertain scientific theory to a global threat being addressed through a variety of regulatory, market, and voluntary initiatives. Internationally, the Kyoto Protocol creates many issues for American companies operating abroad, while domestically, federal, state, and regional climate initiatives promise to introduce a mix of regulatory and market mechanisms to limit carbon emissions.
With climate change having captured the imagination and attention of both the public and politicians, it is vital that those who may be affected by these various regimes understand how the decisions and agreements they make today will survive what is likely to be significantly changed circumstances tomorrow.
Understanding the emerging markets and regulations surrounding climate change and carbon trading is a critical skill for practitioners of environmental, regulatory, administrative, corporate, and securities law. A carbon-constrained world presents both risks and opportunities, and practitioners are expected to explain the new landscape to clients trying to chart a course in this new territory. This course is intended to provide both the practical understanding and skills necessary to accomplish this task.
What You Will Learn
This course of study, comprising 13 hours of instruction, is designed to provide both a primer on climate change and detailed discussions of how existing regulatory regimes and carbon trading markets function.
Top federal and state officials and practitioners provide:
• Scientific basics necessary to understand carbon control, equivalency, and sequestration
• Policy and factual background to understand the Kyoto Protocol's design and enforcement
The faculty members also explain and discuss:
• Carbon measurement
• Carbon allocation
• Carbon reduction
• Carbon offsets
• Trading both under the Kyoto Protocol and emerging U.S. systems
• Legal implications of being subject to or exempt from a carbon control regime
• State climate plans
• Renewable portfolio standards
• Carbon inventories
• The outlook for federal global warming legislation
• Voluntary federal programs and voluntary reduction commitments
• Corporate disclosure, fiduciary duties, and insurance issues
The course concludes with consideration of likely future developments and implications for clients. The course also includes a full hour of ethics instruction.
A diverse faculty drawn from the ranks of practicing attorneys in the private bar and attorneys and related professionals in government, the public interest community, academia, and corporate settings ensures full coverage of the topic and of the legal and policy considerations that underlie it. Time is reserved throughout the program to address registrants' questions.
Planning Chairs
Michael B. Gerrard, Arnold & Porter LLP, New York (also on faculty)
David J. Hayes, Latham & Watkins LLP, Washington, D.C. (also on faculty)
Scott E. Schang, Vice President, Publications and Associates, Environmental Law Institute, Washington, D.C.
Faculty
Vicki Arroyo, Director of Policy Analysis, Pew Center on Global Climate Change, Arlington, Virginia
Bonnie Allyn Barnett, Drinker Biddle & Reath LLP, Philadelphia
Jeff Bingaman, U.S. Senator, Washington, D.C. (invited)
Dale Bryk, Senior Attorney, Natural Resources Defense Council, New York
John W. Busterud, Senior Environmental Counsel, Pacific Gas and Electric Company, San Francisco
Philip E. Clapp, Deputy Managing Director, The Pew Environment Group, Washington, D.C.
James L. Connaughton, Chairman, Council on Environmental Quality, Washington, D.C. (invited)
Kyle W. Danish, Van Ness Feldman, P.C., Washington, D.C.
Leah Fletcher, Project Attorney, Energy Program, Natural Resources Defense Council, San Francisco
Jody Freeman, Professor of Law and Director of Environmental Law Program,
Kevin A. Gaynor, Vinson & Elkins LLP, Washington, D.C.
Michael L. Goo, Climate Legislative Director, Natural Resources Defense Council, Washington, D.C.
Gary S. Guzy, National Practice Leader - Emerging Environmental Risk, Marsh USA, Inc., Washington, D.C.
Nigel Howorth, Clifford Chance LLP, London
Anne E. Kelly, Director, Governance Programs, The Coalition for Environmentally Responsible Economies (CERES), Boston
Suedeen G. Kelly, Commissioner, Federal Energy Regulatory Commission, Washington, D.C.
Joe Kruger, Policy Director, National Commission on Energy Policy,
Melissa A. Lavinson, Director, Federal Environmental Affairs and Corporate Responsibility, PG&E Corporation, San Francisco
Kevin S. Leahy, Managing Director, Climate Policy, Duke Energy Corporation, Cincinnati
Leslie H. Lowe, Director of Energy and Environment Programs, Interfaith Center for Corporate Responsibility, New York
Michael G. Mahoney, Senior Environmental Counsel, Pfizer Inc., New York
Jonathan Martel, Arnold & Porter LLP, Washington, D.C.
Roger R. Martella, Jr., General Counsel, U.S. Environmental Protection Agency, Washington, D.C.
Christopher J. McAuliffe, Morgan, Lewis & Bockius LLP, Princeton, New Jersey
Yvonne A. McIntyre, Vice President - Federal Legislative Affairs, Calpine Corporation, Washington, D.C.
Matthew F. Pawa, Law Offices of Matthew F. Pawa, P.C., Newton Centre, Massachusetts
Richard M. Saines, Baker & McKenzie LLP, Chicago
David B. Sandalow, Senior Fellow, Foreign Policy Studies, The Brookings Institution, Washington, D.C.
Robert M. Simon, Democratic Staff Director, Committee on Energy and Natural Resources, U.S. Senate, Washington, D.C.
Jeffrey A. Smith, Cravath, Swaine & Moore LLP, New York
J. Jared Snyder, Assistant Commissioner for Air Resources, Climate Change and Energy, New York State Department of Environmental Conservation, Albany
Madeleine M.L. Tan, Brown Rudnick Berlack Israels LLP, New York
David G. Victor, Professor of Law, Stanford Law School, Palo Alto, California
Robert A. Wyman, Jr., Latham & Watkins LLP, Los Angeles
ALI-ABA Staff Attorney: Thomas M. Hennessey, Assistant Director, Office of Courses of Study
Program Schedule
THURSDAY, APRIL 3, 2008
7:30 a.m. Registration and Continental Breakfast
Webcast Segment A
8:30 a.m. Introductory Remarks and Course Overview - Mr. Gerrard
9:00 a.m. Keynote Address - Commissioner Kelly
9:15 a.m. Technical Tutorial: Sources, Reduction, and Sequestration of Carbon Emissions - Ms. Arroyo and Mr. Kruger
10:15 a.m. Networking Break
10:30 a.m. Kyoto Protocol: Background and Enforcement - Mr. Danish
11:00 a.m. Workshop on Cap and Trade Legal Issues: Buying/Selling Credits and the Clean Development Mechanism (CDM) - Messrs. Howorth and Saines and Ms. Tan
12:00 noon Lunch Break
Webcast Segment B
1:15 p.m. Congressional Developments - Messrs. Goo, Hayes, Leahy, and Simon and Mss. Lavinson and McIntyre
2:30 p.m. Networking Break
2:45 p.m. California: the New Regulatory Framework and its Implications - Ms. Fletcher and Mr. Wyman
3:45 p.m. Other Regional, State, and Local Programs - Professor Freeman and Ms. Bryk and Mr. Snyder
4:45 p.m. Questions and Answers
5:00 p.m. Adjournment for the Day
6:00-7:00 p.m. Reception for Faculty and Registrants sponsored by Latham & Watkins LLP
FRIDAY, APRIL 4, 2008
7:45 a.m. Continental Breakfast
Webcast Segment C
8:15 a.m. Keynote Address - Mr. Connaughton (invited)
8:30 a.m. International Climate Negotiations - Messrs. Stern and Victor
9:15 a.m. Federal Approaches to Climate Change - Messrs. Clapp, Gaynor, and Martella
10:00 a.m. Networking Break
10:15 a.m. Climate Change Litigation: CAA, NEPA, ESA, and the Common Law - Messrs. Gerrard, Martel, and Pawa
11:15 a.m. Ethics - Ms. Barnett
12:15 p.m. Lunch Break
Webcast Segment D
1:30 p.m. How Companies Navigate Voluntary, Mandatory, and Exploratory Climate Regimes - Messrs. Busterud, Hayes, Mahoney, and McAuliffe
2:30 p.m. Networking Break
2:45 p.m. Disclosure, Fiduciary Duties, Insurance, and Corporate Strategy - Messrs. Guzy and Smith and Mss. Kelly and Lowe
4:00 p.m. Questions and Answers
4:15 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: Development of initial level of competency as a practitioner; acquisition of knowledge and skills to develop proficiency as a practitioner; provision of information on recent legal developments
Here's what registrants have said about this course:
"This has been an outstanding program on every level!"
"The course was excellent. You accomplished something that I have rarely experienced - every speaker was top notch. They all knew their material very well. I also appreciated the breadth of issues and viewpoints presented, and the cutting edge nature of the material, and including speakers from the academic, non-profit, and environmental groups, and from the regulated community, insurance and private sector, and government."
"The supplemental and explanatory materials are great."
"Great overview of an important topic and an area of law which is evolving each day."
"I commend the planning chairs and ALI-ABA/ELI on planning and implementing this informative and successful course. This was a worthwhile use of my time -- something that is often not the case when I attend courses or events."
"The course content was very good and very informative. As with any area of developing law, ALI-ABA did a pretty good job of covering a broad scope of topics."
"Excellent course and presenters!"
"This was a terrific program."
