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Environmental Regulation 2018: Hot Topics, Regulatory Developments, and Practical Guidance for Corporate Compliance


Speaker(s): Betty M. Huber, Carolyn W. Jaffe, David G. Bowman, Duke K. McCall, III, Eve C. Gartner, Karyllan Dodson Mack, Kathy Robb, Lynn L. Bergeson, Maureen M. Crough, Michael G. Mahoney, Philip E. Karmel, Ronald W. Taylor, Thor W. Ketzback
Recorded on: Jun. 8, 2018
PLI Program #: 218964

Betty Moy 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


Carolyn W. Jaffe is an Associate General Counsel of Consolidated Edison Company of New York, Inc. where she leads the Company’s Environmental Law group. The Environmental Law group provides advice and counsel on all of Con Edison’s legal matters relating to the environment, including compliance with federal, state and local laws and regulations, remediation of legacy waste sites, planning future energy projects, and emergency response. The Environmental Law group is responsible for managing Superfund and third party environmental claims, and working with government agencies, community groups, and other stakeholders on environmental issues.  Carolyn regularly represents the Company before USEPA, the New York State Department of Environmental Conservation, the New York State Public Service Commission, and the New York City Department of Environmental Protection.   

Carolyn works closely with members of the Company’s Environmental, Health & Safety organization as well as personnel across the Company involved with electric, gas, and steam operations as well as renewable energy projects in Con Edison’s service area.  She is responsible for advising senior management and the Board of Directors on all significant environmental issues.

Prior to joining Con Edison in 2008, Carolyn was Of Counsel in the Litigation Practice Group at Morgan, Lewis & Bockius LLP in New York City.  Carolyn is a graduate of Smith College and the University of Virginia School of Law.  She is a member of the New York State Bar Association and the Association of the Bar of the City of New York.

 


David Bowman helps manage diversity consulting, independent investigations, and workplace training programs for firm clients. As a partner in the firm’s labor and employment practice and director of Morgan Lewis Resources, David leverages his experience as a former human resources professional and a labor and employment litigator to bring a unique and valuable perspective to clients’ daily challenges related to workplace diversity, sexual harassment, discrimination, and ethics. His nontraditional legal practice provides world-class services to many of the largest companies in the world.


Eve Gartner is a litigator in the Healthy Communities Program at Earthjustice, where she heads efforts to protect human health from toxic chemicals.

Prior to joining Earthjustice, Eve spent more than fifteen years as an attorney defending reproductive justice, including serving as the deputy director for litigation at Planned Parenthood Federation of America. She is a graduate of Columbia University School of Law.


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.


MAUREEN CROUGH 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.  Maureen is a graduate of Princeton University and the University of Michigan Law School.


Michael Mahoney joined Pfizer in 1988. He is currently Vice President and Assistant General Counsel and Pfizer’s Chief Environment, Health, and Safety (EHS) Compliance Counsel. Prior to this, from 2007 until 2014, Michael was the Chief EHS Counsel for the Company and led a group of five EHS attorneys. From 2009-2010, Michael also led Pfizer’s Environmental Sustainability Program. In his current position, he is responsible for EHS compliance oversight and support to Pfizer operations globally. Michael is a member of Pfizer’s Environmental Sustainability Steering Council and, in that role, provides strategic advice on the program’s direction and objectives.

He was responsible for launching Pfizer’s Climate Change and Energy Program in 2000 and has continued to be involved in its development. Prior to joining Pfizer’s Legal Division, Michael worked as an environmental engineer in the company’s Global Engineering Group and led a number of important technical programs and projects.

He is the current Chair of the Environmental Law Committee of the NYC Bar Association. He also served two terms as chair of PhRMA’s Air Work Group and successfully led PhRMA’s legal challenge of USEPA’s rules for the control of hazardous air pollutants from pharmaceutical manufacturing operations. Michael earned his J.D. from Fordham University. He also has an M.S. in environmental engineering and a B.S. in biology, both from Manhattan College.

 


Philip E. Karmel is a partner at Bryan Cave Leighton Paisner LLP, a law firm with 1,600 lawyers working from 32 offices in 11 countries.  He is resident in the New York office.

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 numerous articles and book chapters and serves as columnist of the newsletter published by the Air Quality Committee of the ABA Section of Environment, Energy, and Resources. 

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, where he received a special achievement award for sustained superior performance of duty.  He has been in private practice since 1995.

He received his J.D., cum laude, from the University of Chicago Law School, where he was an editor of the 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.”


Ron Taylor heads Venable's Maryland Labor and Employment Practice Group.

Mr. Taylor advises and defends employers nationwide on occupational safety and health issues and on a wide variety of labor and employment law matters, including wage and hour, privacy, non-compete, collective bargaining, employment discrimination, disability, and wrongful discharge. Mr. Taylor has long been active in the American Bar Association's Occupational Safety & Health Law Committee and was the management co-chair from 1998 to 2001. Mr. Taylor long taught a required graduate level course in occupational safety and health law at the Johns Hopkins University, Bloomberg School of Public Health and has conducted OSHA recordkeeping and compliance seminars for national and international companies. He has been selected, based on client and peer reviews, as one of America's leading employment lawyers by Chambers and Partners, a respected English firm. Mr. Taylor has been consistently selected as one of the best lawyers in Maryland by Woodard & Wight and as a Maryland Superlawyer in the area of labor and employment law, having been repeatedly selected as one of the top 100 lawyers in the state. He is a fellow of the prestigious College of Labor & Employment Lawyers.

 

 


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.


Karyllan is currently Senior Counsel at BASF Corporation in the Environmental and Safety Practice Group.  In this role, she assists Corporate Ecology (remediation) in the investigation and remediation of contamination at inactive and/or former BASF sites and Superfund sites.  She also represents BASF in the defense of enforcement notices or actions and manages the defense and prosecution of environmental lawsuits, including Superfund, natural resource damages, and cost recovery actions involving governmental entities and private parties.  She has also reviewed and negotiated vendor contracts, related environmental agreements and environmental provisions on property transactions.

Karyllan joined BASF in 2015.  Prior to that time, she was a partner at K&L Gates LLP where she counseled potentially responsible party (PRP) Groups in connection with their efforts to resolve liability under state and federal law, including issues such as scope of contribution protection under CERCLA, identification of additional PRPs and negotiation of administrative consent orders.  She also served as lead environmental counsel for a fortune 500 Company managing their portfolio of environmental defense actions.  During law school, she served as a legal intern for the Environmental Protection Agency, Region 2.

Outside the office, Karyllan loves spending time with her husband and two kids.  She is a licensed ballet and jazz instructor and enjoys dancing as often as possible!  She also enjoys being outdoors (when it's warm) and playing tennis.

 


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


Thor Ketzback concentrates his nationwide practice in all areas of environmental and health and safety law, with a specific focus on Clean Air Act (CAA) counseling, permitting and litigation. Utilizing his environmental background in private practice and government service, he has served as environmental counsel for a wide array of clients including those within the energy, manufacturing, chemical and agricultural production sectors.

Thor’s CAA practice routinely involves counseling, permitting and litigation matters relating to the New Source Review (NSR), New Source Performance Standards (NSPS), National Emissions Standards for Hazardous Air Pollutants (NESHAPs or MACT) and other complex CAA programs. He also advises clients on new and emerging CAA and environmental programs relating to Climate Change, sustainability and market-based regulatory mechanisms.

Thor also represents a diverse spectrum of alternative and renewable energy clients, including projects in the following sectors: co-generation and biomass, independent power producers, waste to energy, coal to liquid, ethanol, biodiesel, district heating and cooling, and wind. His work in this arena involves all aspects of environmental and general legal counseling, including performing due diligence, securing permits, interfacing with potential investors, the general public, and political stakeholders, coordinating public communications strategies, and developing regulatory compliance strategies.

Prior to entering private practice, Thor was an Associate Regional Counsel with the EPA where he advised the Regional Administrator on various issues related to multi-media federal environmental law enforcement, compliance and permit issuance. As an attorney for the EPA, he worked extensively on the coal-fired power plant initiative which involved complex litigation surrounding the applicability of NSR and NSPS to the electric utility industry. Additionally, he conducted enforcement actions involving all environmental media and developed policies and strategies relating to CAA and brownfield programs.