Environmental Law Explored: A Podcast SEERies podcast

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Innhold levert av ABA Section of Environment, Energy, and Resources and ABA Section of Environment. Alt podcastinnhold, inkludert episoder, grafikk og podcastbeskrivelser, lastes opp og leveres direkte av ABA Section of Environment, Energy, and Resources and ABA Section of Environment eller deres podcastplattformpartner. Hvis du tror at noen bruker det opphavsrettsbeskyttede verket ditt uten din tillatelse, kan du følge prosessen skissert her https://no.player.fm/legal.

The Head Start: Embracing the Journey

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Sweat and Resilience: Balancing Chronic Migraine with Fitness Goals 35:02

for 4 dager siden35:02

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The healing power of fitness goes far beyond physical benefits—for today’s guest, it’s a form of self-expression and a celebration of what the body can do. In this episode, host Nora McInerny sits down with fitness personality Ivylis Rivera, who shares her deeply personal journey of navigating life with Chronic Migraine while holding onto her passion for movement. Ivylis opens up about the struggle of staying active while facing the fear of triggering a headache or migraine attack and the resilience it takes to keep pushing forward—a resilience that carried her through the challenging journey of finding a Chronic Migraine treatment plan that worked for her. Join Nora and Ivylis as they explore the concept of “soft living,” a philosophy Ivylis embraces—staying active, listening to your body, and building trust in oneself. Click here for Product Information, including Boxed Warning and Medication Guide, or visit https://abbv.ie/prescribing_info See omnystudio.com/listener for privacy information.…

Environmental Law Explored: A Podcast SEERies

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Top environmental, energy, and resources lawyers discuss career development, legal issues, historical trends, and new developments in environmental law.

71 episoder

#Non-Profit #Association #Bar #Environment #Environmental #Law #Legal #ABA Section of Environment, Energy, and Resources #ABA Section of Environment #Energy #Resources #Business #Podcasting Education #ABA #The Americans

Environmental Law Explored: A Podcast SEERies

23 subscribers

updated for 2 dager siden

Del

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Top environmental, energy, and resources lawyers discuss career development, legal issues, historical trends, and new developments in environmental law.

71 episoder

Alle episoder

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Editor's Insights: Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA 36:04

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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.…

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The Wildfire Crisis and Community Resilience 28:30

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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.…

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Redefining EPA Authority—San Francisco v. EPA 36:44

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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.…

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The Future of NEPA: 2025 and Beyond 44:48

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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.…

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Mill Closures and Workforce Shortages in the West: Episode 3 - Conservation Implications 31:48

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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.…

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Mill Closures and Workforce Shortages in the West: Episode 2 - The Role of Land Management Policy 23:43

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In the second episode of the Mill Closures and Workforce Shortages in the West series, Andrew Kihn 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.…

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Mill Closures and Workforce Shortages in the West: Episode 1 - The Economic Landscape 15:41

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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 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.…

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What’s Next in the Wide Wide World of WOTUS? 56:47

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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.…

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Shell v Milieudefensie: European Climate Case & Regulatory Backdrop 37:04

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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…

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After Biden, The Realigned Rubik’s Cube on Energy, Land Use, and Environmental Law 1:00:54

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In this podcast Steven Ferrey (Suffolk University Law School) and Steve Weissman (Center for Law, Energy & the Environment), 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.…

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The "Relentless" Attack on Chevron-style Deference to Agencies--What's it all mean? 48:06

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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.…

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PHASE Is: All Appropriate Inquiry in the Time of PFAS 37:18

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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.…

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Global Climate Change and U.S. Law, Third Edition: Episode 3 - Capturing Carbon: Engineering and Agriculture 51:27

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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)…

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Author Series: ESG: Optimizing Governance and Disclosure Practices to Minimize Risks 50:09

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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)…

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Global Climate Change and U.S. Law, Third Edition: Episode 2 - State & Local Climate Law 53:30

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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)…

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