Environmental Law Explored: A Podcast SEERies - podcast cover

Environmental Law Explored: A Podcast SEERies

ABA Section of Environment, Energy, and Resourceswww.americanbar.org
Top environmental, energy, and resources lawyers discuss career development, legal issues, historical trends, and new developments in environmental law.
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Episodes

Emerging Contaminants: Microplastics

In the debut episode of our Emerging Contaminants series, we examine the widespread presence of microplastics in our environment, including in human and animal bodies and throughout our food systems. Because microplastics originate from larger plastic products, regulatory efforts have targeted the broader plastic lifecycle: from manufacture, import, and export to use, labeling, recycling, and disposal - with particular attention to single-use plastics. Join panelists Jennifer F. Novak (Law Offic...

Jun 16, 202543 min

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

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 discussio...

May 22, 202536 min

The Wildfire Crisis and Community Resilience

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...

May 09, 202529 min

Redefining EPA Authority—San Francisco v. EPA

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 ...

May 05, 202537 min

The Future of NEPA: 2025 and Beyond

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 Din...

Feb 28, 202545 min

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

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...

Feb 07, 202532 min

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

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 ongoi...

Jan 02, 202524 min

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

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...

Dec 16, 202416 min

What’s Next in the Wide Wide World of WOTUS?

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....

Dec 06, 202457 min

Shell v Milieudefensie: European Climate Case & Regulatory Backdrop

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, incl...

Nov 26, 202437 min

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

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 funda...

Oct 18, 20241 hr 1 min

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

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 Natu...

Sep 27, 202448 min

PHASE Is: All Appropriate Inquiry in the Time of PFAS

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 par...

Aug 23, 202437 min

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

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 plant...

Aug 16, 202451 min

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

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 ...

Aug 12, 202450 min

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

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 Actio...

Jul 29, 202454 min

Energy Law Insights for 2024: Grid Evolution - Navigating FERC Order 1920

Explore the implications of FERC Order 1920, a pivotal regulation set to reshape the landscape of energy transmission in the United States. This episode will discuss implications of the Order, focusing on enhanced long-term planning and transparency mandates, the integration of state entities in cost allocation processes, and the requirement for transmission providers to consider grid-enhancing technologies. It will also delve into the challenges and opportunities presented by these changes, inc...

Jul 16, 202431 min

Global Climate Change and U.S. Law, Third Edition: Episode 1 - Federal Climate Law

In the series Global Climate Change & U.S. Law, editors Jody Freedman, Michael B. Gerrard, and Michael Burger explore the pivotal themes in their book Global Climate Change and U.S. Law, Third Edition . In this first episode, Jody talks with chapter authors Tom Lorenzen, a Partner at Crowell & Moring LLP, and Jim Rossi, Professor of Law at Vanderbilt University, about the most important developments in federal climate and energy regulation, including major rules and orders issued or bein...

Jul 12, 202456 min

Energy Law Insights for 2024: An Introduction with the Energy Committee Chairs

Join our esteemed Chairs as they illuminate the most pressing topics and key issues in energy law that will shape the year ahead. From regulatory changes and sustainability challenges to groundbreaking technologies and market dynamics, this introduction to the upcoming energy law series promises a front-row seat to the discussions that matter most to professionals navigating the complex world of energy law. Whether you're a seasoned practitioner or new to the field, 'Energy Insights' offers a un...

May 31, 202424 min

Policy and Regulation: A Fireside Chat with Joseph Goffman

Joe Goffman, Principal Deputy Assistant Administrator for Air and Radiation at the U.S. Environmental Protection Agency, and Chuck Knauss, former lead Republican Counsel to the House Energy and Commerce Committee during the 1990 Clean Air Act Amendments, discuss the Office of Air and Radiation’s recent accomplishments and its priorities for the coming year.

Apr 24, 202429 min

50 Years of EPA: Looking Back with Walter Mugdan

Walter Mugdan discusses his career at EPA, where he began working in 1975 as a staff attorney in Region 2, and subsequently served in various supervisory positions in the Office of Regional Counsel, with Emily Mott, senior associate at Baker Botts LLP and past member of the Section’s Leadership Development Program. This podcast was recorded in late 2020.

Feb 20, 20241 hr

50 Years of EPA: Looking Back with Roger Martella

Roger Martella discusses his service as General Counsel at the EPA from 2005-2008 with JD Howard, an associate at Morris, Manning, & Martin, LLP and past member of the Section’s Leadership Development Program. This podcast was recorded in late 2020.

Jan 22, 202434 min

50 Years of EPA: Looking Back with Quentin Pair (Part 2)

In the second of two episodes, Quentin Pair continues a discussion on his career and environmental justice, and shares his thoughts on the future of EPA with Phillip Dupré, a Senior Attorney at the U.S. Department of Justice, ENRD - Environmental Defense Section, and past member of the Section’s Leadership Development Program. This podcast was recorded in late 2020.

Oct 31, 202332 min

50 Years of EPA: Looking Back with Quentin Pair (Part 1)

In the first of two episodes, Quentin Pair discusses his career, which included serving as senior trial attorney for the Environment and Natural Resources Division of the U.S. Department of Justice for many years and working on environmental justice issues while at the EPA, with Phillip Dupré, a Senior Attorney at the U.S. Department of Justice, ENRD - Environmental Defense Section, and past member of the Section’s Leadership Development Program. This podcast was recorded in late 2020.

Aug 08, 202344 min

SEER Essentials: What Can Animal Law Learn From Environmental Law?

With its intricate layers of international, federal, and state protections, environmental law is more established than animal law. In this podcast episode, Glenda Valdez, a recent graduate of Lewis & Clark Law School, interviews Professor Randall Abate, Assistant Dean for Environmental Studies and a Professorial Lecturer in Law at The George Washington University Law School, about the experiences of these two fields and how they can work together to secure mutual gains. Professor Abate has a...

Jul 24, 202334 min

SEER Essentials: Prescribed Fires on Federal Lands: Overview of Pressing Management, Law, and Policy Issues

This podcast episode examines key legal and policy issues around the use of prescribed fire to reduce wildfire risk and the ongoing shift away from fire suppression policies to reintroducing fire back onto the landscape. Podcast Speakers: Steven Hattenbach is the USFS Forest Supervisor for the Cibola National Forest. Steven is also an attorney and presents for CLE’s and trainings on topics regarding wildfire liability. Anthony Martinez is the Fuels Program Manager for the Cibola National Forest ...

Jul 13, 20231 hr 13 min

50 Years of EPA: Looking Back with Martin Topper

Martin Topper discusses his career at the EPA, where he worked from 1987-1996, including serving as National Indian Program Coordinator for over seven years, with Cynthia Harris, staff attorney and Director of Tribal Programs at the Environmental Law Institute and past member of the Section’s Leadership Development Program. This podcast was recorded in late 2020.

Jun 30, 202332 min

50 Years of EPA: Looking Back with John Cruden

John Cruden discusses his career, including his more than two decades, as a senior leader on environment and natural resource matters at the U.S. Department of Justice, with Emily Mott, senior associate at Baker Botts LLP and past member of the Section’s Leadership Development Program. This podcast was recorded in late 2020.

Jun 13, 202346 min

Environmental Laws and Regulations for Emerging Microplastics Concerns Series: Episode 8 - Litigation and Future Predictions

In the eighth and final episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns Series, Sarah Morath, Associate Professor at Wake Forest Law, and Megan Baroni, a partner with Robinson+Cole, discuss future litigation trends in the microplastics realm. This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.

Mar 30, 202329 min

Environmental Laws and Regulations for Emerging Microplastics Concerns Series: Episode 7 - Near-Term and Future Potential Regulatory Efforts

In the seventh episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns Series, Jennifer Novak, an attorney at the Law Office of Jennifer Novak, and Kevin Budris, Advocacy Director at Just Zero, dive into the near-term and future efforts to regulate microplastics in the water, air, and product manufacturing. This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.

Mar 21, 202337 min
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