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Environmental Regulation 2019: Hot Topics, Regulatory Developments, and Practical Guidance for Corporate Compliance


Speaker(s): Betty Moy Huber, Brandon W. Neuschafer, Duke K. McCall, III, Eve C. Gartner, Lynn L. Bergeson, Maureen M. Crough, Michael J. Myers, Nicole Hyland, Philip E. Karmel, Robert A. Bilott, Stephanie R. Feingold, Suzanne Novak
Recorded on: Sep. 27, 2019
PLI Program #: 251786

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


Brandon Neuschafer practices in the fields of food, agriculture and environmental law, including regulatory compliance, enforcement defense, transactional counseling and litigation.

Mr. Neuschafer has done significant work relating to agriculture, food and biotechnology issues, and is a founding member of the firms Food and Beverage Team. He advises clients at all levels of food production and manufacturing, from agricultural operations to restaurants, and has experience working with regulatory agencies such as FDA and USDA. His work includes counseling clients on issues impacting ingredients, packaging, storage, facility registration, labeling, advertising, adulteration and recall. He has also assisted companies with respect to facility registrations and preparing for and responding to government inquiries and inspections. Examples of recent work includes helping clients to understand, interpret and incorporate into their operations FDA rules designed to implement the Food Safety Modernization Act, USDA rules regarding disclosure of bioengineered food content (“GMO Labeling”), and advising clients with respect to food labeling and advertising issues such as the use of "natural" and similar claims and compliance with California’s Prop 65 requirements. Mr. Neuschafer also regularly advises pesticide, fertilizer and agricultural chemical manufacturers and marketers on regulatory compliance and transactional issues, and has advised foreign governments on domestic and foreign agricultural issues impacting free trade agreement negotiations with the United States.

From an environmental perspective, Mr. Neuschafer regularly advises clients on regulatory and permitting issues under the Clean Air Act, Clean Water Act, RCRA, TSCA, FIFRA, OSHA and other federal and state environmental, health and safety laws. He has particularly deep experience in the field of chemical and pesticide regulation, which includes advising clients on all aspects of the manufacturing, sale, import, export, handling and disposal of both conventional and bio-based chemicals and pesticides. He also frequently assists clients in responding to and defending enforcement actions, investigations and information requests asserted by EPA, OSHA, FAA, DOT and various state agencies.

Mr. Neuschafer has a robust practice relating to commercial transactions. He frequently handles the environmental, food/agricultural and product regulatory aspects of transactions, including the management and analysis of due diligence and the negotiation of terms for contracts such as purchase and sale agreements, merger agreements, supply agreements, data compensation agreements, data sharing and development agreements, joint venture/task force agreements, recycling and reuse agreements, research and development collaborations and shared services agreements.


Eve Gartner is a senior attorney in the Healthy Communities Program at Earthjustice, the nation’s largest non-profit environmental law organization.  At Earthjustice, Ms. Gartner leads the team of advocates charged with protecting human health from toxic chemicals.  In this role, she has successfully represented a coalition of farmworker organizations in a legal petition to improve protections for farmworkers and their families from pesticide exposures, and defended these protections in court when the incoming Trump Administration attempted to ignore them.  She represents a diverse coalition, including firefighters and pediatricians, in a proceeding to ban a toxic class of flame retardant chemicals used in a wide range of consumer products.  She is now actively litigating multiple lawsuits against the Trump Administration for undermining laws designed to limit human exposure to unreasonably risky chemicals and to ensure that food is safe from untested chemical additives, and for failing to ban industrial chemicals that are known to be deadly.  

Prior to joining Earthjustice, Ms. Gartner spent more than fifteen years leading reproductive rights litigation, including serving as the deputy director for litigation at Planned Parenthood Federation of America. 


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.


Nicole Hyland is a Partner at Frankfurt Kurnit Kurnit Klein & Selz, as well as Deputy General Counsel for the firm.  She counsels lawyers and law firms on risk management and ethics issues, such as retainer agreements, conflicts of interest, legal fee disputes, escrow issues, multijurisdictional law practice, lateral transitions, and more. In addition, she assists lawyers who are forming or restructuring their law firms, including drafting partnership agreements, advising on compensation structures, and establishing law firm policies and procedures.  She also represents lawyers and law firms in disciplinary proceedings, disqualification motions, malpractice cases, partnership disputes, and other disputes relating to the practice of law. 

Ms. Hyland serves as the Chair of the New York Women’s Bar Association Ethics Committee. She is the immediate past Chair of the Committee on Professional Ethics of the New York City Bar Association and she now serves as a member of a supervisory committee that provides guidance to the New York City Bar’s Ethics Hotline, a free resource for all New York state attorneys. 

Ms. Hyland frequently writes and lectures on legal ethics and professional responsibility issues.  She is the co-author, along with Professor Roy Simon, of the 2015, 2016, 2017 and 2018 editions of Simon’s New York Rules of Professional Conduct Annotated. 


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.”


Rob Bilott is a partner at Taft Stettinius & Hollister LLP, where he has practiced for over 28 years, representing a diverse array of clients from individuals to multinational corporations. Rob brought the very first PFAS environmental exposure case in 1999 that resulted in the discovery and public disclosure of PFOA in drinking water supplies for approximately 70,000 people in West Virginia and Ohio. That discovery spurred national regulatory interest and investigation into PFAS and the filing in 2001 of the nation's first class action litigation on behalf of individuals exposed to PFAS in their drinking water.

Rob Bilott was appointed by the court as one of the Class Counsel for the plaintiffs and helped negotiate and obtain a class settlement in 2004 that secured benefits for the class valued in excess of $300 million, including water filtration systems for impacted private and public water supplies, funding of independent scientific health studies for PFOA, blood testing of 69,000 people, and eventual medical monitoring and confirmation of probable links to human disease that resolved issues of general causation for the class members' personal injury claims.

As a result of that ground-breaking class settlement and probable link findings on PFOA, over 3,500 class members were able to pursue individual personal injury claims against DuPont for diseases linked to their PFOA drinking water exposures, all of which were eventually consolidated into Multi-District Litigation (MDL) proceedings in federal court in Ohio, where Rob serves as Co-Lead Counsel for the Plaintiffs’ Steering Committee.  The then-pending cases in that MDL were settled for $670.7 million in 2017.  Rob's litigation also spurred the first regulatory investigations, assessments, and enforcement actions involving PFAS, leading to the largest civil administrative penalty ever obtained by EPA at the time for the withholding of PFAS toxicity and risk information.

To date, Rob has helped secure over $1 Billion in benefits for his clients exposed to PFAS in their drinking water. In 2017, Rob was a recipient of the international Right Livelihood Award, also known as the "Alternative Nobel Prize," for his work on PFAS contamination issues.

Rob remains involved in a variety of PFAS litigation matters across the country, including serving as Advisory Counsel to the Plaintiffs’ Executive Committee in the recently formed AFFF (firefighting foam) MDL proceedings in federal court in South Carolina.


Suzanne Novak is a staff attorney at Earthjustice’s Northeast office in New York. She is a litigator and policy advocate in the organization’s Healthy Communities Program, where she focuses on safe drinking water, with a current emphasis on PFAS (per- and polyfluoroalkyl substances).

Suzanne is a former senior staff attorney at the Center for Reproductive Rights, and Deputy Director at the Brennan Center for Justice. She previously worked with the law firms of Hogan Lovells, Yankwitt LLP, and Arnold & Porter. She clerked for Judge Stephen McNamee on the United States District Court for the District of Arizona, and is a 1997 graduate of NYU School of Law.


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


With a focus on environmental issues, Stephanie R. Feingold represents clients in litigation and dispute resolution and provides environmental and regulatory counseling. Her work spans investigations, cost recovery and contribution actions, and enforcement actions brought by and against environmental agencies and government authorities, as well as private party actions. She defends major corporations and businesses in toxic tort actions, commercial litigation, and product liability litigation. Stephanie also works with potentially responsible parties (PRPs) in connection with contaminated sites, including working closely with consultants and experts, and negotiating with regulatory agencies.

Stephanie’s experience includes defending manufacturing clients against claims of groundwater and soil contamination (including polychlorinated biphenyl (PCBs), 1,4-dioxane, and other contaminants), negotiating remedies for contaminated sites, and defending against property damage and personal injury actions involving contaminated properties.  Stephanie also regularly counsels clients on issues associated with emerging contaminants such as PFAs and 1,4-dioxane.

In her litigation and cost recovery work, Stephanie represents both individual companies and PRP groups.  With experience serving as coordinating counsel in multiparty litigations, Stephanie has managed common interest relationships and negotiated and litigated joint defense agreements. She also counsels clients through every phase of complex litigation, including document retention, discovery and eDiscovery compliance, and privilege issues. Her clients include companies in the energy, pharmaceutical, chemical, automotive, mining, real estate, and manufacturing industries.

In addition to her litigation work, Stephanie is a certified Leadership in Energy and Environmental Design (LEED) Green Associate. She offers guidance to companies seeking LEED Green Certification for buildings and real estate projects.