2013 Environmental Law Conference

Date: Jan 01, 1970

March 7, 2013 – March 8, 2013
Thurs: 9:00 am – 4:30 pm; Fri: 8:45 am – 1:15 pm
10.00 MCLE hours, including 2.00 approved Professional Responsibility MCLE credit hours
Presented by Environmental Law
Co-sponsored by Illinois State Bar Association

ISBA’s 12th Annual Illinois Environmental Law Conference with speakers from the U.S. Environmental Protection Agency, the Illinois Environmental Protection Agency, and the Illinois Attorney General’s Office. Hear from leading practitioners about the latest hot topics in environmental law, including the new ISBA Model Environmental Policy. Attorneys specializing in environmental, business, real estate and energy, in-house corporate/industry attorneys, environmental managers and consultants, government regulators/decision-makers, academics, and law students who attend this conference will get invaluable information on:

  • Environmental insurance coverage;
  • New USEPA air regulations, including implementation and compliance issues;
  • New case law and statutory updates;
  • The Federal and State perspectives on fracking;
  • Contaminated property and new site remediation regulations and issues;
  • Sustainable water/land management initiatives;
  • The regulatory concerns and issues in waste management;
  • Water quality standards;
  • Alternative energy projects;
  • Endangered and invasive species;
  • Law office sustainability; and
  • Ethical issues unique to the practice of environmental law.

Program Coordinators/Moderators:
Alison K. Hayden, United Airlines, Chicago
Patricia F. Sharkey, Environmental Law Counsel, P.C., Chicago

Agenda

Thursday, March 7, 2013

8:30 – 9:00 a.m.  Registration and Complimentary Continental Breakfast

9:00 – 10:30 a.m.  Annual Update on Agency Activities and Priorities in Illinois and the Region
The 2012 Environmental Law Conference kicks off with a session on the latest initiatives and areas of emphasis on both the state and federal level as presented by distinguished representatives from the U.S. Environmental Protection Agency, the Illinois Environmental Protection Agency, and the Illinois Attorney General’s Office.
Susan J. Hedman, Regional Administrator, Region 5, U.S. Environmental Protection Agency, Chicago
John Kim, Interim Director, Illinois Environmental Protection Agency, Springfield
Matthew J. Dunn, Chief of Environmental Enforcement/Asbestos Litigation Division, Illinois Attorney General’s Office, Chicago

10:30 – 10:45 a.m.  Break (refreshments provided)

10:45 a.m. – 12:15 p.m.  Case Law and Statutory Update
This session provides a comprehensive summary and in-depth overview of recent state and federal environmental cases, as well as new state environmental legislation and regulations – both enacted and proposed.
Moderator: Alison K. Hayden, United Airlines, Chicago
Matthew E. Cohn, Meckler, Bulger, Tilson, Marick & Pearson, Chicago
Kent E. Mohr, Division of Legal Counsel, Illinois Environmental Protection Agency, Springfield
Lisle A. Stalter, Lake County State’s Attorney’s Office, Waukegan

12:15 – 12:30 p.m.  Lunch (provided)

12:30 – 1:00 p.m. Lunchtime Plenary Session
Law Office Sustainability (MCLE credit to be determined)
This presentation offers an overview of the new ISBA Model Environmental Policy pertaining to best practices for law office resources, energy conservation, and waste/pollution management. Developing an environmental or sustainability policy for a law office, as well as practical methods for implementing such a policy, is also discussed.
Stephen R. Thorn, Thorn & Associates, LLC, Chicago

1:00 – 2:00 p.m.  Breakout Session 1

  1. Air Updates: Implementation and Compliance Issues Under New EPA Regulations
    A number of major U.S. Environmental Protection Agency air regulations have been held up in litigation and reconsideration for years. Other newly adopted regulations pose unprecedented implementation and compliance issues. Uncertainty in the status of these regulatory regimes and how new regulations are interpreted and applied is critical to state air quality planning, permit requirements and business decisions. This session focuses on implementation of the new 1-hour pollutant standards for NO2 and SO2; outfall from the D.C. Circuit’s vacation of the cross state air pollution regulations and the combined impact of the many new utility sector regulations; and compliance challenges under the revised boiler MACT and greenhouse gas NSPS regulations.
    Moderator & Speaker: Patricia F. Sharkey, Environmental Law Counsel, P.C., Chicago
    Jane E. Montgomery, Schiff Hardin, LLP, Chicago
    Randall Robinson, Regional Meteorologist, Air and Radiation Division, Region 5, U.S. Environmental Protection Agency, Chicago
  1. Environmental Insurance: Claims Under Old Policies and Coverage for Potential New Liabilities
    This segment examines insurance coverage issues of interest to environmental law practitioners, including the circumstances under which decades-old insurance policies can cover environmental contamination liabilities associated with historic chemical releases and how new insurance policies are designed to address known and unknown contamination and pollution issues. Particular attention is given to common policy language and exclusions, as well as the evolution of the pollution exclusion. Understanding how insurance policies can be utilized to help facilitate property and corporate transactions is also discussed.
    Moderator: Brett D. Heinrich, Vedder Price, Chicago
    Adrien T. Robinson, President, Navigators Environmental, Chicago
    Ernest Summers, Faegre Baker Daniels, Chicago

2:00 – 2:15 p.m.  Break (refreshments provided)

2:15 – 3:15 p.m.  Breakout Session 2

  1. Federal & State Perspectives on Fracking
    Hydraulic fracturing (or “fracking”) is a technology that has been around for decades, but with the advancements in horizontal drilling methods, there has been recent interest in developing oil and natural gas trapped within shale formations throughout the United States, including the New Albany Shale in southern Illinois. This one-hour discussion highlights this very complex topic with a brief look at Illinois’ geology, fracking technology, and relevant environmental concerns, as well as a deeper look at the regulatory and legislative activities related to fracking at the state and federal levels.
    Moderator: Matthew E. Cohn, Meckler, Bulger, Tilson, Marick & Pearson, Chicago
    Bertram C. Frey, Deputy Regional Counsel, Region V, U.S. Environmental Protection Agency, Chicago
    James P. Gignac, Environmental and Energy Counsel, Illinois Attorney General’s Office, Chicago
  2. Contaminated Properties: new Site Remediation Issues
    This session focuses on recent developments in site remediation law and policy, including implementation and compliance issues under the Illinois Pollution Control Board’s new Clean Construction and Demolition Debris regulations.
    Moderator & Speaker:  Raymond T. Reott, Reott Law Offices, LLC, Chicago
    Carolyn Feltz, Senior Project Manager, Weaver Boos Consultants, Chicago

3:15 – 3:30 p.m.  Break (refreshments provided)

3:30 – 4:30 p.m.  Breakout Session 3

  1. Chicago Area Initiatives for Sustainable Waterways and Land Management
    Over the last several years, the Metropolitan Water Reclamation District has undertaken a number of sustainable water and land management initiatives designed to protect and sustain the Chicago River, Lake Michigan, and associated waterways, natural resources and ecosystems, as well as taking advantage of waste heat and water reclamation byproducts. This comprehensive overview examines these sustainability projects and explores the legal context in which they have developed.
    Moderator: Ashley Brody, President, Environmental Law Society, IIT Chicago-Kent College of Law, Chicago
    Debra Shore, Commissioner, Metropolitan Water Reclamation District of Greater Chicago, Chicago
    Margaret M. Frisbie, Executive Director, Friends of the Chicago River, Chicago
  1. Waste: Legal Barriers to Zero Waste
    Waste management, disposal, and recycling are significant liabilities for an industry if not performed in accordance with all relevant rules and regulations. New regulations are emerging as new risks are realized to the environment. Segregation, generator awareness, and training hold the key, but do environmental managers understand the law? This session focuses on regulatory traps for the unwary and discusses the various regulatory issues faced by the waste disposal industry.
    Moderator: Francis J. Coyle, Jr., Coyle Stengel Bailey and Robertson, Rock Island
    Selin Hoboy, Vice President, Legislative and Regulatory Affairs, Stericycle, Inc., Greenwood Village, CO
    Kathy Doyle, Senior Manager Safety Support, Sustainable Services, Waste Management

4:30 – 6:00 p.m.  Complimentary Networking Reception 

Friday, March 8, 2013

8:45 – 9:45 a.m.  Plenary Session: New Developments in Water Quality Standards Affecting Illinois Waterways
This plenary session discusses several major Illinois Pollution Control Board rulemakings and dockets of broad importance for Illinois waterways, including new and proposed boron, manganese and fluoride standards, Chicago Area Waterways use standards, nutrient loading standards, and petitions for variances from thermal standards.
Moderator: Joshua Horwitz, Vice-President, Environmental Law Society, IIT Chicago-Kent College of Law, Chicago
Susan M. Franzetti, Nijman Franzetti, LLP, Chicago
Jessica Dexter, Environmental Law and Policy Center, Chicago

9:45 – 10:00 a.m.  Break (beverages provided)

10:00 – 11:00 a.m.  Breakout Session 4

  1. Challenges and Opportunities for Alternative Energy Projects:  Wind and Solar Case Studies
    Join us as two established alternative energy entrepreneurs discuss some of the legal and business hurdles for new alternative energy projects. Topics include: short-term and sporadic state/federal policies, grants and tax incentives, and positive legal and business trends for alternative energy.
    Moderator: Stephen R. Thorn, Thorn & Associates, LLC, Chicago
    Kevin Borgia, Manager of Public Policy & Membership, Wind on the Wires, Chicago
    Joshua Nathan, President, Orbit Energy Legal Consultants, PA, Chicago
    Chris Wissemann, President, Great Lakes Wind Energy, LLC
  1. Natural Resources Law Updates: Endangered and Invasive Species
    This session focuses on the twin hot topics of endangered and invasive species in the Midwest region, beginning with a presentation on issues arising in the implementation of endangered species protections, using relevant case studies and highlighting “incidental take” authorization issues. The session then turns to the unique interstate, evidentiary, and environmental law issues posed by the threat of an invasive species, the Asian Carp, in the Great Lakes region, including updates on the ongoing federal Asian Carp litigation and the Corps of Engineers Chicago waterways studies.
    Moderator & Speaker: Mitchell L. Cohen, Illinois Department of Natural Resources, Springfield
    David L. Rieser, Much Shelist, P.C., Chicago

11:00 – 11:15 a.m.  Break

11:15 a.m. – 1:15 p.m.  Identifying and Resolving Ethical Issues Arising in Environmental Law*
This lively two-hour presentation examines various hypothetical scenarios familiar to environmental practitioners who represent clients involved in generating, treating, transporting, discharging, emitting, or disposing of hazardous materials. Each scenario is presented as a short skit with moderators highlighting potential issues and potentially applicable Illinois Rules of Professional Responsibility. Following the skit presentations, the audience will break into small groups, analyze the ethical issues presented, and suggest potential solutions. Reconvening, the audience will weigh the various analyses and solutions with the aid and advice of our esteemed ARDC speaker.
Moderators: William J. Anaya, Arnstein & Lehr LLP, Chicago and Lisle A. Stalter, Lake County State’s Attorney’s Office, Waukegan
J. Scott Renfroe, Attorneys Registration and Disciplinary Commission, Chicago