Environmental Law – A Primer for New Energy Attorneys

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Summary

Environmental Law – A Primer for New Energy Attorneys

This primer will provide an overview of environmental law, principally at the federal level. The course begins with a brief overview of the purpose of environmental law and regulation, and the interplay of federal, state and local laws. Our faculty will then provide an overview of the key federal environmental laws and their impact on the energy industry. The laws addressed will include the major statutes (National Environmental Policy Act, Clean Air Act, Clean Water Act, etc.). For each, the faculty will address who regulates, who is regulated, what is regulated, and how it is regulated. The course will then explain environmental law practice before the relevant agencies, such as the Environmental Protection Agency, including the rulemaking process and judicial review of the rules and other final agency actions, citizen suits, and enforcement and related litigation. Finally, we will address environmental law considerations in project development, system operations, and energy transactions (in particular, how environmental law factors into transaction due diligence).

This course is intended for new energy lawyers practicing environmental law and energy transaction lawyers who need an overview of environmental laws and regulations.

CLE pending approval in VA, GA, PA, TX and NY. We expect 6-8 hours of credit.

Noon – 1:00 pm

1:00 pm – 1:15 pm

1:15 pm – 2:30 pm

2:30 pm – 2:45 pm

2:45 pm – 4:45 pm

Agenda

Tuesday, September 29, 2015

LUNCH AND NETWORKING

WELCOME

J AY M ORRISON , Primer Dean; Vice President, Regulatory Issues, National Rural Electric

Cooperative Association

OVERVIEW OF ENVIRONMENTAL LAW

An overview of the purpose of environmental statutes and regulation, with a focus on the interplay of federal, state and local laws and how obligations arise under the various laws.

T HOMAS A.

L ORENZEN , Partner, Dorsey & Whitney LLP

NETWORKING BREAK

KEY FEDERAL & STATE ENVIRONMENTAL LAWS AND THEIR IMPACT ON

THE ENERGY INDUSTRY

An overview of the key federal and state environmental laws and their impact on the energy industry. In particular, for each major statute, our faculty will address: (i) who regulates, (ii) who is regulated, (iii) what is regulated, and (iv) how it is regulated.

5:00 pm – 7:00 pm

7:00 pm

K EY STATUTES ADDRESSED INCLUDE :

 National Environmental Policy Act

 Clean Air Act

 Clean Water Act

 Oil Pollution Act

 CERCLA

 RCRA

 Endangered Species Act

 Migratory Bird Protection Act

 And more . . . .

Participants should expect to take away a solid understanding of the various environmental regulatory regimes affecting the energy industry.

T HOMAS A.

L ORENZEN , Partner, Dorsey & Whitney LLP

T ODD S.

M IKOLOP , Senior Attorney, Hunton & Williams LLP

NETWORKING RECEPTION – HOSTED BY SUTHERLAND ASBILL &

BRENNAN LLP

DINNER ON YOUR OWN

7:30 am – 8:00 am

8:00 am – 8:15 am

8:15 am – 9:30 am

9:30 am – 9:45 am

Wednesday, September 30, 2015

CONTINENTAL BREAKFAST

DAY ONE RECAP

J AY M ORRISON , Primer Dean; Vice President, Regulatory Issues, National Rural Electric

Cooperative Association

KEY FEDERAL & STATE ENVIRONMENTAL LAWS & IMPACT ON ENERGY

INDUSTRY (CONT’D)

T HOMAS A.

L ORENZEN , Partner, Dorsey & Whitney LLP

T ODD S.

M IKOLOP , Senior Attorney, Hunton & Williams LLP

NETWORKING BREAK

9:45 am – 11:30 am

AGENCY PRACTICE

Our faculty will address the various avenues through which environmental laws and policies are adopted and made, including:

 Rulemaking processes and judicial review of agency action

 Citizen suits (including “sue and settle”)

 Applicable procedural requirements and substantive standards

Participants will then learn about the various agencies involved in making, implementing and enforcing environmental laws.

Our faculty will finish with a discussion of the enforcement of environmental laws:

 Tools available to agencies and stakeholders to enforce the laws, including judicial proceedings

 Potential penalties for non-compliance

T HOMAS A.

L ORENZEN , Partner, Dorsey & Whitney LLP

11:30 am – 11:45 am

11:45 am – 1:00 pm

1:00 pm – 1:15 pm

T ODD S.

M IKOLOP , Senior Attorney, Hunton & Williams LLP

NETWORKING BREAK

PRACTICAL CONSIDERATIONS IN THE INTERSECTION OF

ENVIRONMENTAL LAWS AND ENERGY

Our faculty will provide practical guidance for energy law and transactional practitioners, with a focus on:

 Environmental considerations in energy project development (pipelines, electric generation and transmission, etc.), including permitting and public policy issues

 Overview of environmental issues in energy transactions, including due diligence considerations

 Overview of operational considerations at energy facilities, including compliance matters, EMS systems, and incidence response/ reporting

D ANIELLA L ANDERS , Partner, Katten Muchin Rosenman

CONCLUDING REMARKS

J AY M ORRISON , Primer Dean; Vice President, Regulatory Issues, National Rural Electric

Cooperative Association

About the Speakers

Daniella Landers is a partner at Katten Muchin Rosenman

Tom Lorenzen is a partner in Crowell & Moring's Washington, D.C. office and is a member of the Environment & Natural Resources and Government Affairs groups. Tom works with clients seeking to successfully navigate the federal environmental rulemaking process.

From 2004 until 2013, Tom was an Assistant Chief at the U.S. Department of Justice, where he oversaw the federal government’s legal defense of all EPA regulations. He directly litigated or supervised many of the seminal Clean Air Act and Clean Water Act cases of the last two decades, including Massachusetts v. EPA, Coalition for Responsible Regulation v. EPA (decided by the Supreme Court as

UARG v. EPA), EME Homer City Generation v. EPA, and Entergy v. Riverkeeper.

Todd S. Mikolop is a senior attorney at Hunton & Williams. His practice focuses on national environmental and administrative law issues, with a particular emphasis on water and wildlife related issues. Mikolop advises clients on all aspects of environmental and administrative law, including permitting, compliance counseling, participating in rulemaking actions, administrative, civil, and criminal enforcement defense, and litigation.

Jay Morrison is the Vice President of Regulatory Issues at the National Rural Electric Cooperative Association. He works with a staff of professionals representing NRECA and its members on matters relating to federal and state utility regulation, power supply and delivery. Since joining NRECA in 1998, Morrison has worked extensively on issues relating to wholesale market design, power supply and delivery, industry restructuring, renewable energy, energy efficiency, distributed generation, and the smart grid.

REGISTRATION FORM

Please register the following person for the EBA Primer Series: Environmental Law – A Primer for New Energy Attorneys to be held on September 29-30, 2015

 P ARTICIPANT I NFORMATION

Last Name

Firm/Company/Agency

Address

City

Phone

First Name

State

Fax

Zip

M.I.

Registrant Email (Confirmations will be sent via email to registrant)

 R

EGISTRATION

F

EES

Unless otherwise noted, registration fees include all meals, networking breaks, and conference handouts. *Early Bird registration fees end September 1, 2015. ** Early bird fee is only for EBA members.

Early Bird Regular Registration

Member (Private)

Non-Member

$395

$650

$455

$650

Member (Gov’t/Academic/Student)

Non-Member (Gov’t/Academic/Student)

$150

$300

$175

$300

EBA is going green!

Written materials will be emailed before the meeting.

 P AYMENT M ETHODS (T AX ID #52-6054231)

☐ Check enclosed (payable to the EBA) Total enclosed: $

☐ Government Purchase Order Enclosed

☐ VISA ☐

Cardholder name:

MASTERCARD ☐ AMERICAN EXPRESS ☐ DISCOVER

Signature of cardholder:

Card #: Exp. Date:

 C ONTINUING L EGAL E DUCATION

I plan to apply for Continuing Legal Education (CLE) credit in the following states: (Only provide

ID if credit is required as fees are involved with many states.)

State: ID# State: ID#

State: ID# State: ID#

 F OR EBA U SE O NLY

Check Name:

Check Date:

Card Authorization:

Date Billed:

Check #:

Check Amount:

Amount: $

General Information

Registration

1) Register Online at the secure EBA website: www.ebanet.org

2) FAX your completed registration form with credit card payment (no checks or money orders) to 202-

833-5596. Please do not both fax and mail, as this may result in duplicate charges.

3) MAIL your completed registration form with payment to: Energy Bar Association, 2000 M Street,

N.W., Suite 715, Washington, D.C. 20036. *You

may send one check for multiple registrants.

The deadline for receipt of advance registration is

9/18/2015. Conference registrations will only be accepted when accompanied by a check, money order, government purchase order/training form or credit card information and may be limited by the capacity of the facility.

Registrations will not be held without payment.

Cancellation Policy

Refunds will be given to registrants who submit written cancellation to the address shown on the registration form by 9/18/2015, less a $50 administrative fee. The cancellation policy also applies to registration forms that are received and accepted after the deadline date. No refunds will be given after 9/18/2015. (If cancellation is requested after deadline and accepted, there will be a

$100 administrative fee). Substitutions are acceptable by

9/18/2015 (non-members substituting for members will be charged the difference between member and nonmember fees). Please note that regardless of the date the cancellation notice is received, no refunds will be processed until after the program.

Meeting Location

Sutherland Asbill & Brennan LLP

999 Peachtree St. NE #2300

Atlanta, GA 30309

Hotel Accommodations

A block of sleeping rooms has been reserved at the Hyatt

Atlanta Midtown for $199. (Single/Double) for the dates of September 29. To make your reservation, call the hotel directly at 404.443.1234 by September 15.

Please be sure to mention the EBA when you reserve your room to secure the special rate.

Badges

Please wear your badge at all times when attending official EBA functions. Badges are a security measure to identify people who have a legitimate reason to be in the meeting areas.

Continuing Legal Education

MCLE accreditation has been (or will be) requested from states with general MCLE requirements. Each state has its own rules and regulations defining “CLE”. For questions on CLE email llevine@eba-net.org

.

*To assume accreditation, the necessary CLE information must appear on your registration form.

Photographs

By registering for this conference, you authorize EBA the right to use any photographs taken of you during the course of the conference. Photographs may be used in promotional materials or stories that appear in professional publications and websites.

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