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Environmental Regulation 2017: Hot Topics, Regulatory Developments, and Practical Guidance for Corporate Compliance


Speaker(s): Dana Post, Deborah Goldberg, Dimple Chaudhary, Duke K. McCall, III, J. Kevin Healy, Julia Frost Davies, Kathy Robb, Lynn L. Bergeson, Maureen M. Crough, Michael Quinn, Michael J. Myers, Philip E. Karmel, Randy Hayman
Recorded on: Jun. 9, 2017
PLI Program #: 185393

Law School

Graduate School: University of Maryland School of Law, 1999

 

Work History

Sidley Austin LLP, Kramer Levin Naftalis &Frankel, Freshfields Bruckhaus Deringer LLP

 

Professional Memberships

International Association of Privacy Professionals


Deborah Goldberg is the Managing Attorney of Earthjustice’s northeast office, located in New York City.  Since joining Earthjustice in 2008, she has been conducting litigation and other advocacy to protect public health and the environment from the adverse effects of extractive industries and toxic chemicals.  She represented the Town of Dryden, New York, before the New York Court of Appeals in its successful defense of the right of localities to zone out oil and gas development.

Ms. Goldberg’s career in environmental law began in 1988, following clerkships for then-Judge Stephen Breyer of the First Circuit Court of Appeals and the late Judge Constance Baker Motley of the Southern District of New York.  She spent a decade in private practice—first at Berle, Kass & Case and then at Arnold & Porter—concentrating on environmental impact review, historic preservation, hazardous waste, and toxic tort litigation.  She then joined the Brennan Center for Justice at NYU Law School, serving as its Democracy Program Director until 2008.  Ms. Goldberg is a 1986 graduate of Harvard Law School.  She also holds a Ph.D. in philosophy and taught for three years at Columbia University.


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.


Kevin Healy is a member of the Environmental and the Real Estate Client Service Groups.  He was a member of the firm’s Executive Committee from 2002 to 2005.

Mr. Healy has practiced environmental and land use law for 43 years.  Twelve of those years were devoted to public service.  Among other positions, he served as General Counsel to the New York City Department of Environmental Protection, and in that capacity was one of New York’s two lead negotiators in a multi-state dispute over the City’s diversions from the Delaware River Basin during times of drought.  The “Good Faith Agreement” that emerged from those negotiations, which established a drought diversion regime modifying a protocol established under a 1954 U.S. Supreme Court decree, remains in effect today.  Around the same time, Mr. Healy also settled a dispute between the City and State of New York regarding the level of releases required from the New York City reservoirs to maintain a viable trout fishery in the tributaries of the Delaware River.


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.


Michael J. Myers is Senior Counsel for Air Pollution and Climate Change Litigation in  the Environmental Protection Bureau of the New York State Attorney General’s Office. In that position, he works with a team of lawyers and scientists in regularly tracking the Trump Administration’s attempts to roll back environmental and energy laws and is instrumental in devising legal strategies to combat those actions, including coordinating efforts within the Attorney General’s office and with other states and municipalities.  

Prior to becoming Senior Counsel in 2017, he served for ten years as Chief of the Bureau’s Affirmative Litigation Section in Albany, in which he supervised and participated in litigation enforcing state and federal air, water, and waste laws. He has overseen much of the Bureau’s climate change cases over the past decade, including litigation over EPA’s greenhouse gas regulations for fossil-fueled power plants, and argued in September 2016 before an en banc D.C. Circuit Court in the Clean Power Plan litigation. Mr. Myers also worked on the successful defense of New York’s Regional Greenhouse Gas Initiative, a program to cut carbon dioxide pollution from power plants that serves as a national model. Prior to becoming Section Chief in 2007, he worked as a line AAG in the Bureau, beginning in 1999. He has served as lead counsel on several multistate challenges to EPA rules in the D.C. Circuit, including those concerning air quality standards (particulate matter, ozone) and New Source Review, and has litigated several enforcement cases against in-state and out-of-state power plants for Clean Air Act violations.    

In 2013, the ABA’s Section of Environment, Energy and Resources named Mr. Myers government attorney of the year for his accomplishments in environmental litigation on behalf of New York. He is a graduate of Vermont Law School and Cornell University.


Michael Quinn is an Associate Managing Director with Kroll’s Cyber Investigations Practice. He joins Kroll from the Federal Bureau of Investigation (FBI) where he most recently served as a Supervisory Special Agent in the Cyber Division. Michael managed a variety of state sponsored and criminal intrusion matters for several FBI field offices and was responsible for some of the first ever indictments against state sponsored cyber attackers.

Michael has extensive experience in computer intrusion and cyber crime investigations, and has performed search and seizure operations as well

as digital evidence examinations. From 2007 to 2012 Michael was part of the FBI’s elite Computer Analysis and Response Team as a Special Agent/Computer Forensic Examiner at the FBI’s New Jersey Regional

Computer Forensics Lab, an ASCLD/LAB accredited facility. Prior to that he was assigned to the cyber squad in the Newark, New Jersey division. Before joining the FBI in 2005, Michael was a Manager with the Electronic Brokerage division of Ameritrade where he held his Series 7, Series 4, Series 24, and Series 63. Michael holds an MS in Computer Information Systems from the University of Nebraska and a BS in Political Science from the University of Scranton.


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.”


Randy E. Hayman serves as a partner at the environmental law firm of Beveridge & Diamond, P.C. (“Beveridge & Diamond”) headquartered in Washington, D.C.  Prior to joining Beveridge & Diamond, he was a long-serving general counsel in the water arena with fifteen years of experience leading the legal departments of two major water/wastewater utilities in distinctly separate regions of the United States.  Specifically, he served 5 years as the general counsel to the District of Columbia Water and Sewer Authority (“DC Water”), which with an operating budget of $516 million, provides drinking water, wastewater collection, treatment, and stormwater management to the nation’s capital and surrounding metropolitan area.  Prior to joining DC Water, Hayman served 10 years as general counsel for the Metropolitan St. Louis Sewer District (“MSD”).  In addition, he gained legal experience in the private sector in the area of civil litigation working for well-respected law firms in Washington, D.C., Kansas City and St. Louis, Missouri, and served as an assistant attorney general for the State of Missouri in Jefferson City.

Hayman’s professional and community efforts have been recognized on several occasions.  The Washington and St. Louis Business Journals have presented him with their prestigious Minority Business Leader Award.  In addition, the Washington Business Journal presented him with the Greater Washington Legal Champions Award as one of the top general counsels in the nation’s capital.  He was recently selected as a Fellow of the American Bar Foundation.

Randy received his undergraduate degree from the University of Michigan and his law degree from the Georgetown University Law Center.


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


Julia Frost-Davies focuses her practice on the representation of creditors in complex Chapter 11 cases. A seasoned commercial litigator, she counsels clients facing commercial and bankruptcy litigation and appeals, and regularly represents investors and lenders throughout the capital structure on all aspects of restructuring and related litigation, including debtor-in-possession financing, distressed M&A transactions, claim and plan negotiation and litigation, and out-of-court work-outs.


A senior attorney for the Litigation team, Chaudhary began her career at NRDC as a legal fellow. Prior to joining NRDC, she clerked for Judge Carol B. Amon for the U.S. District Court for the Eastern District of New York and worked as a litigation associate at WilmerHale LLP. Chaudhary holds a bachelor's degree from Harvard University, a master’s degree in urban planning from the London School of Economics, and a J.D. from Columbia Law School. She is based in NRDC's Washington, D.C. office.


Jack has 36 years of experience in assessing environmental liabilities and advising stakeholders on managing and reducing risks.  As a broker representing a variety of industrial clients at Marsh, he has been recognized by Risk and Insurance magazine as a Power Broker in the environmental field.  Prior to his 13 years at Marsh, he worked in environmental consulting and for a major oil and energy company managing environmental risks and on special environmental projects.