Environmental Law
Why Attend?
In its thirty-eight-year history, this course of study has served as the leading annual program and meeting for attorneys, private and governmental, who are engaged in, or are planning to engage in, the practice of environmental law. The course has attracted lawyers and other environmental professionals from all 50 states who share a commitment to update their skills and knowledge continually.
Featuring over 15 hours of instruction, the course is widely recognized as the preeminent annual opportunity for environmental lawyers and other professionals to learn from one another and from a faculty of leading practitioners, scholars, and governmental officials. A significant percentage of the nation’s environmental bar has attended this course, which, through the years, has served more and more practitioners with considerable experience in the practice.
While designed principally for the environmental law practitioner, the course also continues to serve attorneys seeking to enter the field, in part through a series of optional introductory lectures on the Clean Air Act, Clean Water Act, Superfund, and the Resource Conservation and Recovery Act. (These introductory lectures are presented on the Wednesday evening before the first full day of the course.) Through the years, however, the course has evolved as an advanced review and update of the particularly significant recent developments in each subject area. This trend has enabled the course to serve the substantial and ever-increasing percentage of registrants who are experienced practitioners.
Time is reserved throughout the program to address written questions from the registrants.
Planning Chairs
(also on faculty)
Pamela R. Esterman, Sive, Paget & Riesel, P.C., New York
Daniel Riesel, Sive, Paget & Riesel, P.C., New York
Faculty
From the Government
Andrea L. Berlowe, Senior Counsel, Law and Policy Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
Edward A. Boling, General Counsel, Council on Environmental Quality, Washington, D.C.
John C. Cruden, Deputy Assistant Attorney General, Environmental and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
Matthew W. Morrison, Director, Air Enforcement Division, U.S. Environmental Protection Agency, Washington, D.C.
Walter E. Mugdan, Director, Emergency and Remedial Response Division, Region 2, U.S. Environmental Protection Agency, New York
Steven M. Neugeboren, Associate General Counsel, Water Law Office, Office of General Counsel, U.S. Environmental Protection Agency, Washington, D.C.
Bettina Poirier, Majority Staff Director and Chief Counsel, Committee on Environment and Public Works, U.S. Senate, Washington, D.C.
Law Schools, Non-Profits, Publications, and Consultants
Robert G. Dreher, Vice President for Conservation Law and General Counsel, Defenders of Wildlife, Washington, D.C.
Alexandra Dapolito Dunn, Assistant Dean of Environmental Law Programs and Adjunct Professor of Law, Pace University School of Law, White Plains, New York
Michael Dworkin, Professor of Law and Director, Institute for Energy and the Environment, Vermont Law School, South Royalton, Vermont
Juliet Eilperin, Staff Writer, Washington Post, Washington, D.C.
Michael B. Gerrard, Professor of Professional Practice and Director, Center for Climate Change Law, Columbia Law School, New York
John Leshy, Harry D. Sunderland Distinguished Professor of Real Property Law, University of California Hastings College of the Law, San Francisco
Sarah L. Lukie, Managing Director, Global Issues and Multilateral Affairs, Food and Agriculture, Biotechnology Industry Organization, Washington, D.C.
Vickie L. Patton, Deputy General Counsel, Environmental Defense Fund, Boulder, Colorado
Robert V. Percival, Robert F. Stanton Professor of Law and Director, Environmental Law Program, University of Maryland School of Law, Baltimore
Scott Schang, Editor-in-Chief, Environmental Law Reporter, and Vice President, Publications & Associates, Environmental Law Institute, Washington, D.C.
Lucinda Low Swartz, Environmental Consultant, Kensington, Maryland
Andrew D. Wheeler, Senior Vice President, B&D Consulting, Washington, D.C.; former Minority Staff Director and Chief Counsel, Committee on Environment and Public Works, U.S. Senate
Private Practice
Ari Altman, Willkie Farr & Gallagher LLP, Washington, D.C.
Donald C. Baur, Perkins Coie LLP, Washington, D.C.
William M. Cohen, Of Counsel, Perkins Coie LLP, Washington, D.C.; Adjunct Professor of Law, Washington College of Law, American University
Michael C. Davis, Venable LLP, Washington, D.C.
Amy L. Edwards, Holland & Knight LLP, Washington, D.C.
E. Donald Elliott, Willkie Farr & Gallagher LLP, Washington, D.C.; Adjunct Professor, Yale Law School and Georgetown University Law Center
Richard Jay “Tad” Ferris, Jr., Holland & Knight LLP, Washington, D.C.
Paul E. Hagen, Beveridge & Diamond, P.C., Washington, D.C.
Steven P. Quarles, Crowell & Moring LLP, Washington, D.C.
Christopher Rizzo, Carter Ledyard & Milburn LLP, New York
Kathy Robb, Hunton & Williams LLP, New York
Margaret N. Strand, Venable LLP, Washington, D.C.
Mary Anne Sullivan, Hogan & Hartson LLP, Washington, D.C.
ALI-ABA Staff Attorney: Amy S. Weinberg, Assistant Director, Office of Courses of Study
SPECIAL TUITION ASSISTANCE
A limited number of tuition assistance scholarships are available for state and local government attorneys and public interest lawyers whose practice regularly includes environmental cases handled pro bono or at substantially less than their customary fees.
Persons interested in obtaining such assistance should send a statement about their interest or environmental practice to Garrett VanPelt, Environmental Law Institute, Suite 620, 2000 L Street, N.W., Washington, D.C. 20036.
Applications for assistance must be received by Monday, January 5, 2009. For more information about tuition assistance for this course, please call or email Mr. VanPelt at (202) 939-3804; vanpelt@eli.org.
Program Schedule
Wednesday, February 4, 2009
5:00-8:00 p.m. Early Registration
WEBCAST SEGMENT A: OPTIONAL INTRODUCTORY LECTURES ON THE FOUNDATIONS OF ENVIRONMENTAL LAW
6:00 p.m. The Clean Air Act – Mr. Altman
7:00 p.m. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA) – Messrs. Davis and Rizzo
8:00 p.m. Networking Break
8:15 p.m. The Clean Water Act – Professor Dunn
9:00 p.m. Adjournment for the Day
Thursday, February 5, 2009
8:00 a.m. Registration
WEBCAST SEGMENT B: DEVELOPMENTS ON CAPITOL HILL AND IN THE CLEAN AIR ACT
9:00 a.m. Introductory Remarks and Course Overview – Ms. Esterman and Mr. Riesel
9:15 a.m. Congressional Developments and the New Administration – Mss. Eilperin and Poirier and Messrs. Schang and Wheeler
10:30 a.m. Networking Break
10:45 a.m. Clean Air Act Developments and Global Climate Change Update – Messrs. Altman, Elliott, Morrison, and Ms. Patton
12:00 noon Lunch Break
WEBCAST SEGMENT C: NEPA, CERCLA, RCRA, BROWNFIELDS, AND ENERGY LAW
1:15 p.m. National Environmental Policy Act (NEPA) at 40 – Messrs. Boling, Cohen, Dreher, and Ms. Swartz
2:45 p.m. Networking Break
3:00 p.m. CERCLA, RCRA, and Brownfields Developments – Ms. Edwards and Messrs. Mugdan and Riesel
4:15 p.m. Environmental Developments in Energy Law – Professors Dworkin and Gerrard and Ms. Sullivan
5:30 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty
Friday, February 6, 2009
8:00 a.m. Networking Session
WEBCAST SEGMENT D: ETHICS, WATER, and ENDANGERED SPECIES
8:30 a.m. Ethical Issues in the Practice of Environmental Law – Mss. Berlowe and Esterman
9:30 a.m. Networking Break
9:45 a.m. Clean Water Act Developments, Oceans, and Water Rights – Mss. Robb and Strand and Messrs. Baur and Neugeboren
11:15 a.m. Endangered Species Act and Public Lands Developments – Professor Leshy and Mr. Quarles
12:30 p.m. Lunch Break
WEBCAST SEGMENT E: INTERNATIONAL ISSUES AND SUPREME COURT ROUNDUP
1:45 p.m. Supreme Court Roundup – Mr. Cruden and Profsesor Percival
3:00 p.m. Networking Break
3:15 p.m. Going Global: Compliance with Market Access Legislation – Messrs. Ferris and Hagen and Ms. Lukie
4:30 p.m. Adjournment
Total 60-minute hours of instruction: (including the Wednesday evening sessions) 15.75, including one hour of ethics and professional responsibility
Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter
Educational Objective: Maintenance of professional competence as a practitioner; provision of information on recent legal developments
Level of Instruction: Advanced
Here's what registrants have said about this course:
“If you are an entry level attorney intending to practice environmental law, then this is a ‘must attend’ program. If you are an experienced attorney practicing environmental law, then you should be attending this course on a regular basis in order to stay up to date on changes in the law.” - Patrick K. O’Neill, City of Philadelphia Law Department
“The course was very informative and thorough. I enjoyed the extensive discussion of policy issues and especially the forecasts and predictions for both legislation and the Supreme Court, including those specific to the administration. The green building and construction portion of the program was fascinating and exciting. The CLE served to reinvigorate my interest in environmental law and desire to practice environmental law. I also particularly enjoyed Richard Lazarus’ Supreme Court roundup. Considering the magnitude of last year’s decisions and his humorous insights probed to be entertaining and enlightening. I thought the balance of perspectives added to the breadth and value of the CLE. It was good to hear from so many government employees and learn more about their perspectives on key issues.” - Bridget Murray, Richmond, VA
“Wednesday night’s ‘Boot Camp’ presentations were very helpful – perhaps the best of the conference overall!” – February 2008 registrant
“Many of the presenters were extremely impressive, displaying a breadth of knowledge, intellect, and an ease with which they conveyed information. Overall, this was a very good program.” – February 2008 registrant
“The breadth of topics addressed was impressive, and the caliber of the faculty tremendous. As a student, I was grateful for both the educational and networking opportunities presented by this CLE. I was very impressed with the content and flow of the event.” - Lesley E. McCall, Richmond, VA
“Ethics session was very useful – an excellent addition to the program as it is an often overlooked issue in environmental practice.” – February 2008 registrant
“Overall, I was extremely impressed with how well-organized the course was and with the first-rate instruction. ALI-ABA’s Environmental Law course is an excellent resource for not only environmental lawyers, but any environmental policy maker or decision maker.” - Nell Triplett, Department of Interior, Washington, D.C.
“Having been in the office of General Counsel for five plus years at U.S. E.P.A. and having worked on most of the cases covered at the conference, I can attest that this conference is the best.” - Kenneth von Schaumberg


