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Environmental Regulation 2016: Hot Topics, Regulatory Developments, and Practical Guidance for Corporate Compliance


Speaker(s): Aaron H. Goldberg, Anne Lynch , Betty M. Huber, Bliss M. Higgins, Clara Poffenberger, Duke K. McCall, III, Lynn L. Bergeson, Maureen M. Crough, Pamela R. Esterman, Philip E. Karmel, R. Juge Gregg
Recorded on: Jun. 10, 2016
PLI Program #: 145833

                                                                                                Anne E. Lynch

 Position/Title: Attorney

 Firm or Place of Business: Hunsucker Goodstein PC

 Primary Areas of Practice: Environmental Law, Natural Resources, Insurance Coverage

 Law School/ Georgetown University Law Center

Graduate School: 2006

 Work History: September 2006 to Present — Hunsucker Goodstein PC, Corporate Secretary and Shareholder Attorney

 Professional Memberships: District of Columbia Bar, Virginia State Bar Association.


Clara Poffenberger

Clara Poffenberger
is an environmental attorney with over 26 years of experience with state and federal air pollution laws and regulations.  She began her career at the U.S. Environmental Protection Agency, first in the Office of Air and Radiation in the Stationary Source Compliance Division in Washington D.C. and then in the Air Enforcement Division of the Office of Enforcement and Compliance Assurance ("OECA").  Having become nationally recognized for proficiency with various Clean Air Act programs, particularly the air permitting programs, Clara joined private practice at Hogan and Hartson (now Hogan Lovells) and began to work with companies on Clean Air Act compliance matters as well as advocacy related to the New Source Review Reform efforts.  Clara soon thereafter joined Baker Botts LLP, expanding her experience into the energy sector, working with petroleum refining companies on various matters including EPA's Petroleum Refining Enforcement Initiative.  For 9 years, Clara worked with companies with facilities all over the United States on air pollution and permitting matters.  In addition, Clara created and developed Baker Botts' Latin America Environmental Law Practice that included managing a client group with interests in Latin America as well as a network of environmental lawyers in Latin America.  In 2006, Clara took an opportunity to serve as in-house counsel for ExxonMobil Corporation.  From 2006 to 2012, Clara served as ExxonMobil's lead attorney on New Source Review matters, the New Source Review Consent Decree, fuel regulatory matters, and climate change regulatory matters.  Returning to private practice in 2012, Clara continues to represent the oil and gas industry, providing compliance advice related to all federal and state air laws and regulations.  Clara provides compliance counseling and advocacy support for fuel providers, chemical manufacturers and independent power producers.  

Clara is licensed in Virginia and Washington D.C. but provides compliance guidance and strategy support at the national level and state level, including state air regulations that are based on federal rules.  Of particular value to the energy sector is how federal regulatory and legal developments affect state regulations and compliance options.

Clara graduated from the Washington College of Law at the American University in Washington D.C. with a Master in International Law and Affairs as well as a J.D.  Clara graduated from Virginia Tech in Blacksburg, Virginia with a Bachelors of Art in International Studies and International Development.


Aaron Goldberg focuses on regulatory issues associated with hazardous wastes and consumer/industrial products.  He started his career as a consultant to the U.S. Environmental Protection Agency, helping to develop hazardous waste rules under the Resource Conservation and Recovery Act.  After a time in the White House Office of Management and Budget, he joined Beveridge & Diamond, where he has continued to concentrate on hazardous waste issues at the federal, state, and international levels.

Because much of Aaron’s hazardous waste work has related to handling of used products, he has also become involved with other product regulatory issues.  For example, he works on U.S. and international rules for transport of hazardous materials or dangerous goods, as well as on rules for preventing diversion of chemicals to production of chemical weapons or illegal drugs.

Aaron represents companies and trade associations in a variety of industries, including chemicals, electronics, retail, recycling, consumer products, petroleum, pharmaceuticals, steel, and mining. He provides a full range of services, from participating in development of new laws/rules to counseling on compliance, and from applying for permits/variances to responding to enforcement actions.

In addition to being an attorney, Aaron has a graduate degree in chemistry and extensive training/experience in economics. His varied background enables him to serve as a particularly effective bridge between engineers, business managers, attorneys, consultants, and regulators.

Education

Yale University (B.S., Chemistry, magna cum laude, 1979)

California Institute of Technology (M.S., Chemistry, 1982)

Stanford University (J.D., 1985)

 


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 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


MAUREEN CROUGH is counsel in Sidley’s New York office and has represented domestic and non-U.S. purchasers, sellers, lenders, landlords and tenants in the environmental aspects of a broad range of financial transactions in the Environmental practice. Maureen has been involved in numerous aspects of environmental due diligence, evaluation of environmental insurance for use in transactions, negotiation of environmental provisions in acquisition and loan agreements, resolution of environmental matters in bankruptcy and environmental counseling pertaining to financial transactions. In related matters, she represents clients in buyer/seller environmental dispute resolution, and counsels clients in the requirements of U.S. and state environmental regulatory compliance and the development and implementation of environmental management systems. Her practice also includes representing clients in Superfund matters and the performance of voluntary cleanups in state programs. Maureen has been recognized by Chambers USA in New York Environment: Mainly Transactional and Who’s Who Legal: Environment 2015 and 2016. Maureen has also been recognized each year since 2010 in The Best Lawyers in America in Environmental Law.


Philip E. Karmel is a partner at Bryan Cave Leighton Paisner LLP, a law firm with 39 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.  He is a member of the American Bar Association and serves as a long-time columnist of the newsletter published by the Air Quality Committee of the ABA Section of Environment, Energy, and Resources.  He is also a member of the Association of the Bar of the City of New York, where he has served as a member of its Committee on Environmental Law.

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.”


Duke McCall is a partner in the Environmental Practice Group of Morgan, Lewis & Bockius LLP, resident in the firm’s Washington, D.C. office.  He represents clients in contribution and cost recovery actions, enforcement proceedings, citizen suits, toxic tort litigation, and regulatory matters, including actions brought under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act, and analogous state laws.  He also assists clients with related matters such as the pursuit of insurance coverage for environmental liabilities.

Mr. McCall frequently speaks and writes on environmental law matters, is the author of the Clean Water Act Handbook and the Clean Water Act chapter of the Environmental Law Handbook published by Bernan Press, served on the Editorial Board of the Environmental Liability, Enforcement & Penalties Reporter, and serves on the Editorial Advisory Board for Environmental Law360.  He is a member of the American Bar Association’s Sections of Environment, Energy, and Resources and Litigation.

Mr. McCall earned his J.D. in 1993 from Vanderbilt University and a B.A. in 1990 from Furman University.  He clerked for the Honorable William W. Wilkins of the U.S. Court of Appeals for the Fourth Circuit, and the Honorable William B. Traxler, Jr. of the U.S. District Court for the District of South Carolina.  He is admitted to the bars of the District of Columbia, South Carolina, the U.S. Supreme Court, and numerous federal courts at the trial and appellate levels.


Owner and managing partner of Bergeson & Campbell, P.C. (B&C®), Ms. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and  how these regulatory programs pertain to emerging transformative technologies.  Her knowledge of and involvement in the policy process allows her to develop client-focused strategies whether advocating before Congress, the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), or other governance and standard-setting bodies.

Ms. Bergeson counsels corporations, trade associations, and business consortia on a wide range of issues pertaining to chemical risk, exposure and risk assessment, risk communication, minimizing legal liability, and evolving regulatory and policy matters pertinent to products of conventional, biotechnology, biobased chemicals, nanotechnologies, and other emerging technologies


Bliss M. Higgins has 25 years of experience in industrial environmental permitting and compliance, including eleven years in the government sector.  She has extensive experience in the development and implementation of air quality programs, regulations and standards, including Title V, PSD and NNSR permitting, NSPS, NESHAP, MACT and SIP programs.  Her expertise extends beyond the Clean Air Act to include water and waste permitting and compliance, as well as wetlands and coastal use permitting, and site assessments for major expansions and green field developments. Her experience includes comprehensive multimedia permitting, compliance and enforcement assistance across multiple states and industry sectors. Bliss has served as an expert in more than fifteen cases involving litigation and contested permit hearings, providing expert witness testimony at trial and deposition testimony related to a variety of air quality, RCRA, and other environmental impacts and claims. Her experience also includes reviews of the toxicological effects of air pollutants, development of regulations, and negotiating compliance strategies for individual facilities and industry sectors. As former Assistant Secretary of the Louisiana Department of Environmental Quality, Bliss held the authority to grant or deny all environmental permits, licenses, variances and exemptions in the state for all media, including air, radiation, water, solid and hazardous waste. She has testified before the US Congress, the Louisiana state legislature and other administrative bodies.


Pamela Esterman has practiced environmental law for more than thirty years with the law firm of Sive, Paget & Riesel, P.C. in New York City. She is also an experienced environmental and commercial mediator. She has helped resolve hundreds of cases including business/commercial, construction, environmental, insurance, employment discrimination, personal injury and civil rights matters.

Ms. Esterman serves as co-planning chair for the annual ALI CLE Environmental Law Conference in Washington, D.C. She also previously served as an Adjunct Professor at Pace University School of Law where she taught Environmental Dispute Resolution.  She is a frequent lecturer and has authored numerous commentary articles and book chapters on environmental law, ethics, and ADR related topics. She is an active member of ABA SEER and currently serves as Co-Chair of the ADR Committee and as a liaison and former Co-Chair of the State Bar Cooperation Committee. She also previously served as the chair of the ABA SEER Ethics Committee.  Ms. Esterman was recently appointed to serve on the ABA President’s Legal Taskforce on Cybersecurity.


R. Juge Gregg is an attorney in the Law and Policy Section of the Environment and Natural Resources Division of the Department of Justice, where his work encompasses a range of environmental, natural resources, international environmental, ethics, and Indian law issues. Previously, he was an attorney in private practice in Sidley Austin’s environmental group. Before joining Sidley, he was Senior Campaigner for the Environmental Investigation Agency (EIA), a nongovernmental organization that investigates international environmental crime, where he oversaw EIA’s U.S.-based work on illegal logging and the illegal trade in ozone-depleting substances. He also practiced environmental law in Portland, Oregon for Perkins Coie. He teaches an annual course on international environmental law at Stanford University’s Washington, D.C. program.