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Environmental Regulation 2012: Hot Topics, Commercial Implications and Management Strategies


Speaker(s): Amy L. Edwards, Betty M. Huber, Christine A. Fazio, Edward L. Strohbehn Jr., Eric M. Dessen, J. David Thomas, James M. Altman, Joyce S. Schlesinger, Kathy Robb, Philip E. Karmel, Scott Fein, William J. Squires III
Recorded on: Mar. 29, 2012
PLI Program #: 35649

Amy L. Edwards is a Partner in the Public Policy and Regulation Group of Holland & Knight LLP, where she is Co-Chair of the firm's national Environment Team. Ms. Edwards has been practicing environmental and energy law for more than thirty years. She routinely counsels developers, lenders and corporations about effective strategies for structuring real estate and corporate transactions to minimize environmental and financial risk. She also counsels clients on climate change and sustainability issues and represents companies in enforcement proceedings. She was an observer/advisor to the National Conference of Commissioners on Uniform State Laws during its development of the Uniform Environmental Covenants Act (UECA). She received her J.D. from The George Washington University Law School, and her A.B. from Smith College. She is a member of the District of Columbia, Maryland, Virginia and American Bar Associations. Ms. Edwards serves on the Executive Council for the ABA Section on Environment, Energy and Resources (SEER), on the Environmental Law Institute's (ELI's) Board of Directors, and on the Advisory Board to the Bloomberg BNA Environmental Due Diligence Guide (EDDG).


Christine A. Fazio is a Partner at Carter Ledyard & Milburn LLP. Ms. Fazio practices in the area of environmental law, including environmental impact analyses, project permitting, compliance audits, and litigation.  She does considerable work in the energy sector, including the siting of new power plants, alternative energy projects and transmission lines. She also works with several shipping companies in understanding existing and pending environmental obligations related to air pollution, water discharges and oil spills. Ms. Fazio also previously chaired the New York City Bar Association's Environmental Law Committee for a three-year period. Ms. Fazio is a graduate of Fordham University School of Law and also has a Masters in Public Administration from New York University. Prior to her legal career, Ms. Fazio worked over nine years at the Environmental Protection Agency, Region 2 Office, in the Air Programs Branch. She is currently an adjunct professor at Fordham Law School teaching a class on Land Use Law.


David Thomas has over 30 years of experience developing and implementing global CSR and sustainable development programs, building and directing global EHS management and compliance programs, leading due diligence and post transaction operations/facilities integration, overseeing site evaluation and remediation and redevelopment of industrial properties and providing litigation support.

EXPERIENCE HIGHLIGHTS

  • Directed corporate EHS compliance programs at three multi-national corporations with operations in North and South America, Europe, Asia and Africa.
  • Directed preparation and negotiation of environmental permits for air (Title V and PSD), water, wastewater, solid and hazardous waste facilities and underground injection. Oversaw design, construction and start up of a five-million-gallon/day wastewater treatment system.
  • Developed and implemented environmental management programs with over 50 successful ISO 14001/EMAS certifications.
  • Introduced a “Safety Passport” system at a major entertainment company.
  • Lead post-transaction integration of EHS systems for multi-billion dollar businesses in the entertainment and film production, telecommunications, CD/DVD manufacturing and distribution and food and beverage manufacturing industries.
  • Directed the largest privately funded brownfield project in the Southeastern US, earning a national award from USEPA for “innovative remediation.”
  • Negotiated clean-up standards with the governments of Japan and the city of Osaka in connection with remediation and redevelopment of an industrial site.
  • Directed site investigation, remediation and redevelopment of both a former steel mill and platting facility in New York.
  • Directed site investigation and remediation of a paint and pigments manufacturing site in Ohio.
  • Provided litigation support and served as an expert witness in cost-recovery litigation involving remediation of a landfill used for foundry waste.
  • Provided litigation support and served as an expert witness in litigation regarding the environmental impacts of proposed airport expansions in Ohio and Texas.
  • Provided litigation support and served as an expert witness in litigation regarding remediation actions at a redevelopment site for a former aerospace manufacturing site.
  • Held numerous leadership positions in state and national trade associations, including serving as chairman of the Chemical Manufacturers Association RCRA Task Group during the 1984 reauthorization process, and as an original member of the Department of Defense's Defense and the Environment Initiative Advisory Panel and USEPA Region IV Hazardous Waste Roundtable.

CREDENTIALS
  • MS, Environmental Engineering, Cornell University (summa cum laude)
  • BS, Civil Engineering, Virginia Tech (with distinction)


Joyce Schlesinger is a Principal and President of the Asia Division at ENVIRON.  She has over 30 years of experience working with Fortune 500 companies on a wide array of risk management issues.  Recently, she has served as a member of ENVIRON's Energy Task Force, evaluating carbon management/energy initiatives. She received a BA in Chemistry from Mount Holyoke College in 1971 and an MS from Stanford University in 1974 in civil (environmental) engineering. Ms. Schlesinger is a registered professional engineer in the State of California. 


William J. Squires III focuses his practice on environmental, real estate and land use matters. He counsels multinational corporations, real estate developers, manufacturers, private equity firms, lenders and individuals on a variety of environmental issues, including the acquisition of operating businesses; the redevelopment of contaminated properties; and enforcement defense, permitting and regulatory compliance matters.

Bill represents buyers, sellers and lenders in the purchase and sale of operating businesses, real property and industrial facilities. He negotiates and structures business transactions, drafts contracts, and negotiates environmental insurance policies addressing environmental issues. He also devotes a significant portion of his practice to permitting, regulatory compliance, enforcement defense, wetlands matters and environmental insurance disputes. He represents private parties in disputes involving releases of oil and hazardous materials and works closely with environmental consultants, Massachusetts Licensed Site Professionals, engineers, risk assessors and geologists in responding to such releases. He has led environmental due diligence efforts in several national and multinational mergers and acquisitions involving complex environmental liabilities as well as permitting and compliance issues.

Bill has represented clients before Massachusetts state courts, the Massachusetts Department of Environmental Protection, the United States Environmental Protection Agency, local conservation commissions, boards of health and zoning boards of appeal.

Prior to joining the firm, he was an associate with an environmental boutique firm located in Boston. He represented businesses and individuals in environmental litigation, enforcement, permitting, real estate and environmental insurance matters.
 
MEMBERSHIPS

  • Co-Chair, Hazardous & Solid Waste Committee, Boston Bar Association (2010-2012)
  • American Bar Association
  • Massachusetts Bar Association
  • Boston Bar Association
 
ADMISSIONS
  • Admitted to practice in New Jersey, New York and Massachusetts
  • U.S. District Court, District of Massachusetts
  • U.S. District Court, District of New Jersey
 
EDUCATION
  • Villanova University School of Law, Juris Doctor (1998)
  • Baylor University, Master of Science (1995)
  • Merrimack College, Bachelor of Arts, cum laude (1992)


James Altman has successfully tried cases and arbitrations and argued appeals in a wide variety of civil cases across the country.  In addition to general commercial matters, Mr. Altman has concentrated a substantial portion of his time on issues of professional liability and legal ethics and the representation of foreign entities and individuals in domestic litigation.

Professional Affiliations

  • New York State Bar Association – Committee on Professional Ethics, 1999- 2007, 2014-Present; Chair, Committee on Attorney Professionalism, 2002-2008, Member, Committee on Attorney Professionalism, 1994- ; Special Committee to Review Mandatory CLE, 1998-2005
  • The Association of the Bar of the City of New York – Committee on Professional and Judicial Ethics, 1994-1997
  • American Bar Association – Committee on Labor and Employment Law; Labor and Antitrust Law Subcommittee, Co-chairman, 1985-1988

Civic Involvement and Honors

  • Brooklyn Law School – Adjunct Professor of Law, 1996-1998
  • Member of the Departmental Disciplinary Committee of the First Judicial Department, January 1, 2009 to date
  • Arbitrator on the Commercial Panel of the American Arbitration Association, November 2009 to date
  • Mediator on the Mediation Panel appointed by the United States District Court for the Southern District of New York, September 2011 to date

 Related Practices

 Education

  • Yale University, J.D., 1975
  • Yale University, B.A., magna cum laude, Phi Beta Kappa, 1971

 Admissions

  • New York, 1982
  • Connecticut, 1975
  • District of Columbia, 1976
  • United States Supreme Court
  • United States Courts of Appeals for the Second, Third, Fourth, Fifth, Ninth and District of Columbia Circuits
  • United States District Courts for the Southern and Eastern Districts of New York

 Committee/Leadership Roles

  • Ethics Committee


Eric Dessen is an Assistant General Counsel in Consolidated Edison's Law Department. The focus of his work is on environmental and emergency management issues.  Eric graduated Emory University in 1985 with a degree in Psychology, received his J.D. from Hofstra School of Law in 1988, and an LL.M. in Environmental Law from Pace University School of Law in 1995.

Prior to coming to Con Edison in 1996, Eric was an associate with the New York law firm of Kronish Lieb Weiner & Hellman LLP (now Cooley Goodward Kronish LLP) where his practice focused on environmental law.
 
Eric has counseled clients on a full array of environmental and emergency management matters including issues related to CERCLA, Clean Water Act, Clean Air Act, RCRA and various state and local environmental requirements.  He has conducted environmental due diligence and contract negotiations pertaining to real estate and corporate transactions, and has represented major corporations in federal court, before administrative agencies, and in Bankruptcy Court. Eric served as manager to Con Edison's Environment, Health, and Safety Response Team, and is a member of the Company's Climate Change Steering Committee and its Coastal Storm Preparedness Team. In addition, he is a member of the New York City Multi-Agency Taskforce on Hurricane Response. He has participated in numerous emergency response drills and tabletop exercises with first responders including the United States Coast Guard, United States Environmental Protection Agency, New York State Department of Environmental Conservation, New Jersey Department of Environmental Protection, New York City Police Department, New York City Fire Department, and New York City Mayor's Office of Emergency Management.

He has participated in numerous responses to emergency and environmental incidents, including Con Edison's responses to the September 11, 2001 attacks, the August 2003 blackout, the August 2007 steam incident in Midtown Manhattan, transformer explosions, and numerous other oil, steam, and chemical releases.
 
Eric served as a Vice-Chair on the American Bar Association Site Remediation Committee and is a member of the American Bar Association Homeland Security Committee and the New York State Bar Association Environmental Law Section Task Force on Navigation, Petroleum and Related Issues.  He has previously lectured on Global Warming, The Legal Aspects of Climate Change, Environmental Audits, How to Prepare for Emergencies, Use of the Incident Command System for Emergency Preparedness and Response, The ABCs of (501)(c)(3)s, Corporate and Environmental Lessons from the BP Gulf Oil Spill, and Corporate Environmental Preparedness. In addition, Eric has been a guest lecturer at Fordham University School of Law and Pace University School of Law discussing the role of in-house environmental counsel.

Outside of the work arena, Eric is Secretary of the Board of Directors of the Nancy Klauber Forest Foundation, a charitable organization dedicated to cancer patient care, President of the 200 East 90th Street Owners Corp. Co-op Board. He has also served as Chair of the Yorkville Youth Athletic Association Advisory Board, Co-Director of Tackle Football for the Yorkville Youth Athletic Association, a member of the Rodeph Sholom School Board of Trustees and Co-Chair of the Rodeph Sholom Joint Security Committee. Eric also authored the Rodeph Sholom Emergency Response Plan, which covers the Rodeph Sholom day school, religious school, and congregation.


SCOTT N. FEIN
Partner

Corporate and Public Agency Regulatory Compliance; Environmental; Litigation Practices

Whiteman Osterman & Hanna is an 80 lawyer firm in Albany, New York.  It has one of the largest environmental regulatory compliance practices in the State. Scott Fein serves as Co-Chair of the Regulatory Compliance Practice Group at Whiteman Osterman & Hanna where he has been an attorney since 1983. Since joining the Firm, Mr. Fein has devoted his time almost exclusively to regulatory compliance, internal investigations, litigation and the defense of Federal and state criminal and civil enforcement matters primarily relating to environmental compliance. He is a past Chair of the Environmental Enforcement Section of the New York State Bar Association, and serves as Director of the Public Authorities Project for Government Law Center.

Mr. Fein serves on Governor Cuomo's Task Force to reform State authorities, and is on the Advisory Counsel to the Authority Budget Office.  

Mr. Fein received his Juris Doctor from Georgetown University School of Law and Masters of Law degree from New York University School of Law. Before joining Whiteman Osterman & Hanna, he served as the Assistant Counsel for Criminal Justice to New York Governors Carey and Cuomo, and prior to that as a criminal prosecutor.


Betty M. Huber is co-head of the Environmental, Social and Corporate Governance Group.  For over two decades, she has provided advice in hundreds of transactions as well as governance, disclosure and other regulatory advice to various public and private equity companies and their boards.  A former member of the advisory council for the Sustainability Accounting Standards Board, she has spoken on ESG and corporate governance issues for numerous organizations including the ALI, ABA, Columbia University’s Sabin Center for Climate Change Law, Environmental Law Institute, Lawline, New York City Bar Association and the Practising Law Institute.

Ms. Huber has written on ESG and corporate governance topics for various publications, including the Bloomberg BNA, Financial Times' Agenda, Environment and Energy (E&E) Publishing’s Climatewire and Greenwire, Law360.com, CFO.com, Corporate Counsel magazine, Directorship magazine, Financier Worldwide, Harvard Law School Forum on Corporate Governance and Financial Regulation, Corporate Governance Advisor and Dow Jones Private Equity Analyst.

Ms. Huber is cited as an environmental law expert in numerous publications, including the Wall Street Journal, the Financial Times' Agenda, Environment and Energy (E&E) Publishing’s Greenwire, Law360.com, The Society Alert (the newsletter of the Society for Corporate Governance), CFO.com, Corporate Counsel magazine, Directorship magazine, Financier Worldwide and Dow Jones Private Equity Analyst.

Ms. Huber, the winner of Euromoney LMG’s Americas Women in Business Law Awards in Environment, is recognized as a leading transactional and environmental lawyer in numerous legal industry publications, including (i) Band 1, New York: Environment – Chambers USA; (ii) Environmental Law – Best Lawyers; (iii) Law Business Research’s Who’s Who Legal – The International Who’s Who of Business Lawyers – Environment; (iv) Legal 500 U.S. in Environment: Transaction and Regulatory Law; (v) Practical Law Company’s Which lawyer? – USA, New York - Environment: Corporate; (vi) Super Lawyers. She is also the recipient of the Lawyers Alliance for New York’s Cornerstone Award honoring outstanding pro bono legal services.

Memberships

  • American Bar Association, Section on Environment, Energy, and Resources
  • Environmental Law Institute
  • New York State Bar Association
  • Asian American Bar Association of New York

Bar Admissions

  • State of New York

Education

  • B.A., University of Pennsylvania, 1993
  • J.D., New York University School of Law, 1996


Edward L. Strohbehn Jr. represents clients in:

  • complex and novel contaminated site remediation and Brownfield Development matters;
  • corporate stock and asset acquisitions;
  • environmental enforcement and permitting actions by federal and California environmental agencies;
  • federal and state legislative and regulatory electronic waste recycling activities; and
  • environmental compliance, enforcement and business planning.

    In 2012, Legal 500 US reported that “Clients said ... Edward Strohbehn ‘ranks in the top 5 percent in terms of knowledge and ability to evaluate complex legal situations from a variety of perspectives.’”

    His legal career includes substantial government and public interest sector experience. He is currently serving as Chairman of the Board of the Environmental Law Institute (ELI), a Washington, D.C., nonprofit environmental law and policy nongovernmental organization. He co-founded and served as a lawyer with the Natural Resources Defense Council (NRDC) (1970–1977). He was executive director of the Council on Environmental Quality (CEQ), Executive Office of the President (1977–1981). He has been a director of ELI since 2005 and was a director of Resources for the Future (RFF), a Washington, D.C., economic policy think-tank, from 1995–2004. He is a member of the Leadership Council of the Yale School of Forestry and Environmental Studies (2001 to present). He was a law clerk to Chief Justice Earl Warren (then-retired), United States Supreme Court (1969–1970).

    In July 2011, he was elected a Fellow of the American College of Environmental Lawyers.

    In October 2010, Edward, along with three Yale Law School classmates, was awarded the Yale Law School’s highest honor — the Yale Law School Association Award of Merit. He and his classmates were cited for their pioneering role in founding the Natural Resources Defense Council and their extraordinary careers in environmental law.

    In April 2013, he, along with two co-authors, was selected by The Burton Awards to receive the 2013 Distinguished Legal Writing Award for the article Allocating Environmental Risks and Liabilities in Commercial Transactions that was published in the Bloomberg BNA Environmental Daily Reporter. The Award is given to 30 articles from entries submitted by the nation’s 1,000 most prestigious and largest law firms.

    Edward helped draft the ASTM E 2600-10 vapor encroachment screening standard, issued in 2010. He was a member of the ASTM Vapor Intrusion Task Group. He is a member of the ASTM Phase I Environmental Assessment Task Group. He helped revise the ASTM Phase I Environmental Assessment Standard. The Standard is used in conducting commercial real estate transaction environmental assessments and is typically required by banks for financing commercial real estate loans.

    He lectures at conferences held by the American Bar Association (ABA), Practicing Law Institute (PLI), California Continuing Education of the Bar (CEB), State Bar of California Environmental Law Section, RTM Communications Inc. and Strafford Publications.

    PUBLICATIONS

  • Co-author, “Allocating Environmental Risks and Liabilities in Commercial Transactions,” Bloomberg BNA Daily Environment Report (Dec. 17, 2012)
  • Co-author, “EU ETS Puts International Flights on Hold,” Bingham.com (Nov. 15, 2012)
  • Co-author, “CARB Proposes Amendments to State Mandatory Greenhouse Gas Emissions Reporting,” Bingham.com (Aug. 17, 2012)
  • Co-author, “Contract Provisions to Allocate and Limit Environmental Risks and Liabilities in Purchase Agreements for Commercial Transactions,” Practicing Law Institute, Real Estate Law and Practice Course Handbook Series, N-599 (February 2012)
  • “Vapor Intrusion and Contaminated Site Remediation: An Overview,” Practicing Law Institute, Real Estate Law and Practice Course Handbook Series, N-599 (February 2012)
  • Co-author, “EPA Releases Final Health Assessment of TCE — Results in Lower Screening Levels,” Environmental Bankers Association News Alert (Dec. 21, 2011)
  • Co-author, “DTSC Issues Final Guidance for Vapor Intrusion Evaluation and Mitigation ,” Bingham.com (Nov. 11, 2011)
  • Co-author, “CARB Approves Final Revised AB 32 Cap-and-Trade Regulation,” Bingham.com (Oct. 27, 2011)
  • “Vapor Intrusion, Site Remediation, and Recent Guidance,” Practicing Law Institute Real Estate Law and Practice Course Handbook Series, N-587 (February 2011)
  • “Vapor Intrusion and Contaminated Site Remediation: An Overview,” Praticing Law Institute, Real Estate Law and Practice, Course handbook Series, Number N-580 (Ord #24052) (2010)
  • Co-author, “CARB Adopts First U.S. GHG Emissions Cap-and-Trade Program,” Bingham.com (Dec. 23, 2010)
  • Co-author, “Roadmap for Disclosure or Recipe for Boilerplate? The SEC Issues Interpretive Guidance for Climate Change Disclosures,” Bingham.com (Feb. 8, 2010)
  • Co-author, “CARB Issues Preliminary Draft Regulation for a California Cap-and-Trade Program,” Bingham.com (Dec. 3, 2009)
  • Co-author, “EPA Adopts National Greenhouse Gas Reporting Rules,” Bingham.com (Oct. 13, 2009)
  • Co-author, “EPA Issues Proposed Endangerment Finding for Emissions of CO2,” Bingham.com (April 22, 2009)
  • “ASTM Vapor Intrusion Assessment Standard: Inappropriate Presumptions,” BNA Environmental Reporter, (June 5, 2009); and Environmental Due Diligence Guide (BNA) (March 2009)

    SPEAKING ENGAGEMENTS

  • EPA Endangerment Finding and Its Implications, for the CLE International Conference on Greenhouse Gas Emissions - Law and Policy, Los Angeles, Calif. (April 9, 2013)
  • Allocating Environmental Liabilities in Commercial Transactions, Bloomberg BNA Webinar (Dec. 18, 2012)
  • Hydraulic Fracturing: State, Regional & Federal Policy, for the webinar series on Environmental Impacts of Shale Development and Hydraulic Fracturing: Key Legal Issues and Future Directions, American Law Institute Continuing Legal Education Group (ALI CLE) and Environmental Law Institute (ELI) Webinar (Dec. 14, 2012)
  • Allocating Environmental Risks and Liabilities: Structuring Contract Provisions to Limit Risk in Commercial Transactions, Strafford Publications Webinar (Sept. 13, 2012)
  • Vapor Intrusion: Evaluating and Managing VI Risk in Commercial Contracts, for the webinar on Vapor Intrusion: Using Negotiation and Drafting Techniques to Protect Interests in Real Estate Transactions, Strafford Publications Webinar (June 13, 2012)
  • Vapor Intrusion: The Ever Changing Regulatory Environment for the program on Sustainable Property Transactions: Business Strategies for Distressed Assets and Dynamic Energy Opportunities, RTM Communications, Boston, MA (May 3, 2012)
  • Vapor Intrusion Hot Topics: Recent Federal/State Regulatory Related Actions, for the program on Environmental Regulation 2012: Hot Topics, Commercial Implications and Management Strategies, Practising Law Institute (PLI), New York City, (also broadcast as a nationwide webinar) (March 29, 2012)
  • Drafting Environmental Provisions in Business and Real Estate Transactions, for the program on Environmental Regulation 2012: Hot Topics, Commercial Implications and Management Strategies, Practising Law Institute (PLI), New York City, (also broadcast as a nationwide webinar) (March 29, 2012)
  • Prospects for Regulation of GHGs in California, for the program on California Tackles Climate Change, Bar Association of San Francisco, San Francisco, Calif. (Nov. 4, 2011)
  • Vapors Rising: What’s Happening With Vapor Intrusion, for the program on Sustainable Property Transactions: Managing Distressed Assets and Renewable Energy Opportunities, RTM Communications, San Francisico, Calif. (May 20, 2011)
  • Whither Climate Change Regulation, for the program on Environmental Regulation 2011: Managing in the Face of Rapid Change, Practicing Law Institute (PLI), San Francisco (also broadcast as a nationwide webinar) (April 6, 2011)
  • Into Thin Air: The Increasing Importance of Vapor Intrusion – What’s Happening, for the program on Environmental Regulation 2011: Managing in the Face of Rapid Change, Practicing Law Institute (PLI), San Francisco (also broadcast as a nationwide webinar) (April 6, 2011)
  • Evaluating Vapor Intrusion/Vapor Encroachment in Real Estate Transactions: Recent Federal/State Guidance Actions; Key Industry Guidance for the webinar on Vapor Intrusion: Liability and Risks Under Evolving Standards – Managing Vapor Intrusion Risks in Real Estate Actions and Avoiding Claims, Strafford Publications Webinar (March 30, 2011)
  • Vapor Intrusion Evaluation: Recent Federal and State Guidance, for the webinar on New ASTM Vapor Encroachment Standard and Recent Vapor Intrusion Guidance, Strafford Publications Webinar (Sept. 8, 2010)
  • EPA Climate Change Regulatory Actions, for the program on Environmental Regulation and Commercial Implications 2010, Practicing Law Institute (PLI), New York, N.Y. (also broadcast as a nationwide webinar) (May 7, 2010)
  • Business Transactions and Vapor Intrusion: Identifying Risk with Current Guidance, for the program on Environmental Regulation and Commercial Implications 2010, Practicing Law Institute (PLI), New York, N.Y. (also broadcast as a nationwide webinar) (May 7, 2010)
  • Real Estate Transactions and Vapor Intrusion: Identifying Risks with Current Guidance, for the webinar on Vapor Intrusion: Liability and Litigation Under Evolving Standards, Managing Vapor Intrusion Risks in Real Estate Transactions and Defending Claims, Strafford Publications Webinar (May 5, 2010)
  • Vapor Intrusion: Key Developments and Current Guidance, for the program on Sustainable Property Transactions: Retooling the Business of Contaminated Site Redevelopments, RTM Communications, Philadelphia, Pa. (April 16, 2010)
  • SEC Issues Interpretive Guidance for Climate Change Disclosures, Bingham Webinar, (Feb. 19, 2010)
  • Vapor Encroachment Screening Under the Proposed Revisions to ASTM Standard E 2600, for the program on Sustainable Property Transactions: Reconfiguring the Business of Contaminated Site Redevelopments, RTM Communications Conference, San Francisco, Calif. (Oct. 28–30, 2009)
  • Proposed September 2009 Revisions to the ASTM E 2600-08 Standard Practice For Vapor Intrusion Screening, ASTM Vapor Intrusion Task Group and E:50:02 Subcommittee, Atlanta, Ga. (Oct. 21, 2009)
  • ASTM Vapor Intrusion Assessment Standard: Inappropriate Presumptions, Los Angeles County Bar Association, Environmental Law Section, Los Angeles, Calif. (Oct. 23, 2008)
  • ASTM Vapor Intrusion Assessment Standard: Inappropriate Presumptions, 2008 Environmental Law Conference, State Bar of California Environmental Law Section, Yosemite, Calif. (Oct. 17, 2008)
  • ASTM Vapor Intrusion Assessment Standard: Inappropriate Presumptions, 2008 Meeting of ASTM Vapor Intrusion Task Group and E:50:02 Subcommittee, Miami, Fla. (Oct. 2, 2008)

    AWARDS AND HONORS

  • Award of Merit, Yale Law School Association (Oct. 10, 2010)
  • Best Lawyers, leading lawyer in Environmental Law (2010–2014)
  • Legal 500 US, Environment: Transaction and Regulatory (2012–2013)
  • Super Lawyers, Northern California (2004–2013)
  • Lawdragon 500, Leading Lawyers in America (2005–2006; 2009–2011)
  • Top Rated Lawyers 2012, Washington D.C. & Baltimore’s Top Rated Lawyers
  • Who’s Who Legal: California (2007–2010)
  • Who’s Who Legal: The International Who’s Who of Environmental Lawyers (2010)
  • Who’s Who Legal: The International Who’s Who of Business Lawyers (2006–2008, 2011)
  • Yale Law Journal (1966-1969); Articles and Book Review Editor (1968–1969)
  • Phi Beta Kappa, Yale University

     MEMBERSHIPS

  • Fellow, American College of Environmental Lawyers (2011–present) 
  • Council Member, ABA Section on Environment, Energy, and Resources (1998–2001; 1976–1979); Chair, Strategic Planning Committee (2000–2002)
  • Board of Directors, Environmental Law Institute, Washington, D.C., Chairman of the Board (2012–present), Director (2005–present); Executive Committee (2007–present); Search Committee for President (2011), Chair, Nominating Committee (2006–2011; Member–2005); Member, Development Committee (2005–2011)
  • Board of Directors, Resources for the Future, Washington, D.C. (1996–2004); Chair, Development Committee (1996–1998)
  • Board of Directors, Lawyers Alliance for World Security, Washington, D.C. (1991–1996)
  • Leadership Council, Yale School of Forestry and Environmental Studies, Yale University, New Haven, Conn. (2001–present)
  • Advisory Committee, Center for Law, Energy & the Environment, U.C. Berkley Law School (2007–present)
  • Yale Center for Environmental Law and Policy: Advisory Committee (1994–1997)
  • Board of Advisers, Journal of Environmental Law and Practice (1994–2000)

    ADMISSIONS

  • Admitted to practice in California and the District of Columbia
  • U.S. District Court, District of Columbia
  • U.S. District Court, Northern District of California
  • U.S. Supreme Court

    EDUCATION

  • Yale Law School, Bachelor of Laws (1969)
  • Yale University, Master of Arts (1966)
  • Yale University, Bachelor of Engineering, Magna Cum Laude (1963)
  • Yale University, Bachelor of Arts, Magna Cum Laude (1962)


Kathy Robb’s practice focuses on litigation in federal district and appellate courts across the country, including in the U.S. Supreme Court.  She represents water districts, developers, investors, lenders, industrial companies, and chemical manufacturers, among others, with regard to water rights, endangered species issues, environmental impact reviews, river sites with contaminated sediments, and on large sites with contaminated groundwater.  She also works on complex transactions from the bid process through closing and advises clients on corporate structuring to best manage risk.


Philip E. Karmel is a partner at Bryan Cave Leighton Paisner LLP, a law firm with 35 offices in 10 countries.  His litigation practice includes environmental and real estate litigation, land use matters arising under environmental review statutes and zoning laws, and the defense of toxic tort actions.  He has tried a number of cases in federal and state courts and before administrative law judges and arbitrators and has briefed or argued motions or appeals in California, Colorado, Hawaii, Maryland, Montana, New York, Pennsylvania, Texas, Virginia, Washington, D.C., West Virginia and Wisconsin.  He also counsels clients on environmental matters, including environmental impact statements, environmental permitting, environmental compliance, investigations by governmental agencies, the redevelopment of brownfield properties, environmental aspects of corporate and real estate transactions, and issues arising under the Clean Air Act and federal and state superfund and oil spill statutes.  He has served as counsel for major energy, transportation and real estate development projects.

He has published many articles and several book chapters on environmental law, environmental litigation and toxic torts.  Upon graduation from law school, Mr. Karmel clerked for the Hon. Edward R. Becker, U.S. Court of Appeals for the Third Circuit, and thereafter served for five years as a Trial Attorney in the Environmental Enforcement Section of the U.S. Department of Justice, Washington, D.C., where he received the Department’s Special Achievement Award for sustained superior performance of duty.  He received his J.D., cum laude, from the University of Chicago Law School, where he was an editor of the University of Chicago Law Review, and holds an M.Phil. in Economics from the University of Cambridge and a B.A. with Honors in Economics from the University of Pennsylvania.

He is listed in BEST LAWYERS IN AMERICA; CHAMBERS USA; and SUPER LAWYERS.  In 2005, he received the Scale of Justice Award from MFY Legal Services, Inc. for pro bono work.  In 2013, he received the New York County Lawyers Association’s Boris Kostelanetz President’s Medal in recognition of “distinguished service to the legal profession.”