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Environmental Regulation 2014: Hot Topics, Regulatory Developments, and Practical Guidance for Corporate Compliance


Speaker(s): Andrea Bear Field, Betty M. Huber, Deborah Goldberg, Duke K. McCall, III, Edward L. Strohbehn Jr., J. Kevin Healy, Joel R. Burcat, Kit Kennedy, Lester J. Levy, Pamela R. Esterman, Philip E. Karmel, W. Parker Moore
Recorded on: Dec. 5, 2014
PLI Program #: 51058

 Ms. Huber is Co-Head of the Environmental Group in Davis Polk’s Corporate Department. She has provided environmental transactional advice for over two decades to numerous companies and boards spanning all types of industries, including utilities, oil and gas, coal, manufacturing, chemicals, pharmaceuticals, transportation and food, covering mergers and acquisitions, capital markets, financing, bankruptcy and corporate governance matters.

     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 of Corporate Secretaries & Governance Professionals), 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
  • Sustainability Accounting Standards Board, Advisory Council

Bar Admissions

  • State of New York

Education

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


Andrea Bear Field is a partner in the Washington, D.C. office of Hunton & Williams LLP.  She has been actively involved in the practice of environmental law for 40 years, and she served as the managing partner of Hunton’s D.C. office between 2000 and 2014. 

Andrea is best known for her representation of clients in rulemakings and litigation arising under the Clean Air Act (CAA), in federal and state enforcement actions, and in a full range of CAA permitting matters.  Most notably, for the past four decades, Andrea has served as lead counsel for industry in precedential environmental law cases in which the United States Court of Appeals for the D.C. Circuit and other appellate circuits have ruled on the legality of Environmental Protection Agency programs to establish federal permitting programs for new and existing sources, to govern the interstate transport of pollution, to set national ambient air quality standards, and to assess penalties against those found to be violating federal regulatory requirements.   

Andrea’s work has garnered her numerous awards and professional recognition.  She was the first woman elected to chair the American Bar Association’s Environment, Energy and Resources Section (1989-1990), and she is a member of the American College of Environmental Lawyers.  Andrea has been listed in The Best Lawyers in America for Environmental Law since 1989; has been listed in Chamber USA since 2003; has since 2004 made the list of “Top Lawyers” by Washingtonian magazine for her work in environmental law. 

Andrea earned her B.A., magna cum laude, from Yale University in 1971 (the first year women earned undergraduate degrees from Yale College); and she earned her J.D. from the University of Virginia School of Law in 1974.  Andrea is currently a member of the Virginia State Bar and D.C. Bar. 

Andrea Bear Field, Hunton & Williams LLP, 2200 Pennsylvania Avenue, N.W., Washington, D.C. 20037.  Phone:  (202) 955-1558.  Email: afield@hunton.com


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.


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)


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.


Lester J. Levy, Esq.
Settlement Master/Ombudsman

Lester J. Levy is an expert in designing and managing post settlement proceedings in class action and mass torts cases. Mr. Levy created JAMS Class Action Settlement Adjudication Program and is a founding member of the JAMS bankruptcy practice.

Lawyers and their clients have confidence in Mr. Levy because he pays attention to the details. The processes he designs and oversees have integrity that yields predictable and consistent outcomes.

Settlement Master/Ombudsman – Practice Area Expertise

  • Business/Commercial Transactions
  • Bankruptcy Claims & Preferences
  • Consumer Finance, Credit & Banking
  • Construction Defect & Building Products
  • Employment & Civil Rights
  • Environment & Toxic Torts
  • High Tech/Intellectual Property
  • Insurance Products
  • Limited Partnership Disputes & Dissolutions
  • Personal Injury
  • Product Liability
  • Real Estate
  • Securities & Antitrust

Representative Settlement Master/Ombudsman Responsibilities

  • Negotiation and adoption of plans of allocation
  • Development of damages matrixes
  • Elimination of invalid claims
  • Individualized awards based on individual circumstances
  • Quality control measures to ensure consistency of process and awards

Representative Matters

  • Advisor, The International Commission on Holocaust Era Insurance Claims (International settlement involving more than 55,000 claims for life insurance benefits)
  • Chief Adjudicator, the African American Farmers Cases (Pigford v. U.S. Department of Agriculture) (25,000 Civil Rights actions based on alleged historical discrimination)
  • Judge Pro Tempore, In re General Chemical Richmond Works Cases (Mediated settlement and oversaw distribution of settlement funds to 65,000 claimants resulting from toxic release)
  • Mediator, Hanlon v. Chrysler Motors (Fee mediation relating to settlement of national Product Liability action alleging defective mini-van door latches)
  • Mediator, In re BKP Securities (Class action by Limited Partners of hedge fund against General Partner)
  • Mediator, Manufacturers Life Insurance Company Premium Litigation (National MDL class action involving all purchasers of vanishing premium life insurance policies)
  • Mediator, Masonite Hardboard Siding Cases (National Product Liability class action involving allegedly defective hardboard siding)
  • Settlement Master, Cemwood Hardboard Siding Cases (National Product Liability class action involving allegedly defective products)
  • Settlement Master, In re Catacarb Cases (Allocation of finite settlement fund among 11,000 claimants resulting from refinery airborne toxic release)
  • Settlement Master, In re Cryptosporidium Cases (Class of 4,000 Personal Injury and Wrongful Death Action based on contamination in Milwaukee, Wisconsin municipal water system)
  • Settlement Master, Lesser v. IKON (class action regarding corporate sales tax liability)
  • Settlement Ombudsman, In re Providian Credit Card Cases (Settlement of coordinated federal and state cases nationwide involving 24,000,000 class members)
  • Special Master, Atchison Topeka Railway Company v. INA, et al. (National coordinated insurance coverage action involving more than 600 contaminated sites throughout the United States)
  • Special Master, Barnett v. Glenborough Federal Bank (Judge for all purposes, by appointment, presiding over 5,000 limited partnership claims)
  • Special Master, Beloit Liquidating Trust (Systematic mediation and arbitration of claims and preferences arising out of Chapter 11 Bankruptcy Proceeding)

Honors, Memberships, and Professional Activities

  • Registered Mediator, United States Bankruptcy Court for the Southern District of New York
  • Adjunct Professor, Alternative Dispute Resolution, University of San Francisco Law School
  • Member, ADR Panels for the Northern California Federal District Court, and the Superior Courts of San Francisco, Marin, Sonoma, and San Mateo Counties
  • Member, ADR Panels for the Bankruptcy Courts in the Districts of Delaware and the Southern District of New York
  • Fellow, College of Commercial Arbitrators
  • Former Vice Chair & Member, Toxic Torts and Environmental Law Committee, Tort Trial & Insurance Section of the American Bar Association
  • Chair & Member, ADR Committee, American Bankruptcy Institute, 2005-2008
  • Founder, JAMS’ Class Action Settlement Program
  • Founder, JAMS’ Environmental Judicial College
  • Trained in mediation/negotiation at Harvard Law School (Roger Fisher, author of Getting to Yes)
  • Written and lectured on ADR to Bar Associations including the ABA, IBA, law firms, private companies, and law schools throughout the United States
  • "Mediator Creates Healthy Settlement Environment," ADR Profile, Daily Journal, March 23, 2007

Background and Education

  • Munger, Tolles & Olson, San Francisco and Los Angeles, California, 1986-1994
  • Law Clerk, Hon. Irving R. Kaufman, U.S. Court of Appeals for the Second Circuit, 1985-1986
  • J.D., magna cum laude, Benjamin N. Cardozo School of Law, 1985; Chief Articles Editor, Cardozo Law Review
  • B.Mus., San Francisco Conservatory of Music, 1981, Classical Guitar Performance and Composition


Mr. Burcat is a partner in the Harrisburg office of Saul Ewing LLP.  He is a member of the firm’s Energy, Environment and Utilities Department and Chair of the Oil and Gas Practice. In his latter role, Joel coordinates a team of 16 attorneys who represent clients in the oil and gas industry, and have significant knowledge of, and experience, in the emerging development of the Marcellus Shale. Joel’s principal areas of practice are environmental law, oil and gas law, natural resources law and environmental litigation. He has handled complex environmental issues, including regulatory matters, enforcement cases, permit disputes, transactions, environmental crises, regulatory takings, and state and federal Superfund cases. In addition, he has handled original jurisdiction cases before the Pennsylvania Commonwealth Court. His clients include owners and developers of natural resources (particularly oil and gas, coal, and non-coal minerals), pipeline companies, large and small industrial operations, owners and operators of petroleum facilities, municipal authorities, trade associations and companies in the waste industry.  On behalf of the regulated community, Joel has conducted internal investigations regarding the cause of violations of state and Federal environmental laws. He also represents buyers and sellers of brownfield properties. Joel has represented clients before the U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, U.S. Coast Guard and state environmental agencies in Pennsylvania, Maryland, New York, New Jersey, Michigan, Texas and California.  Joel also is a mediator and an arbitrator, certified by the U.S. District Court for the Middle District of Pennsylvania. In that capacity, he has resolved numerous cases. These cases come from a wide variety of disciplines, including environmental disputes, insurance coverage, contracts, civil rights (discrimination), will contests, patent and intellectual property, and labor and employment. 

He is a prolific author and speaker on numerous environmental and energy law topics, legal ethics and civility. Currently, he is the co-editor of The Law of Oil and Gas in Pennsylvania (1st ed. 2014), published by the Pennsylvania Law Institute Press. He has also served as the long-time co-editor of Pennsylvania Environmental Law and Practice, (1st ed. 1994, through 7th ed. 2012), published by the Pennsylvania Bar Institute Press.  Prior to joining Saul Ewing, Joel was a partner in the Harrisburg office of a national law firm. Before entering private practice, he served for three years as an Assistant Attorney General and Assistant Counsel to the Pennsylvania Department of Environmental Resources (now the Department of Environmental Protection). Joel also was Special Counsel to the Pennsylvania Senate Committee on Environmental Resources and Energy.  Joel has been named a “Super Lawyer,” “Best Lawyer in America,” a Chambers “Leading Lawyer,” and received similar accolades.  In 2007, he was honored with the Distinguished Service Award from the PBA Section on Environment, Mineral and Natural Resources.  Joel received his J.D. from Vermont Law School and a bachelor of science degree in Geography, with distinction, from Pennsylvania State University.

 


Parker dedicates his practice to successful project development. He helps clients nationwide from every economic sector navigate issues arising under the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the Migratory Bird Treaty Act (MBTA) and related environmental laws.  He also defends clients against agency enforcement actions and citizen suits, applying his substantive knowledge of natural resources law and project development to craft creative, sound and successful legal strategies. He co-chairs B&D’s Environmental Practice Group and its NEPA, Wetlands, and ESA Section.

Parker’s experience includes:

  • Defending one of North America’s largest railroad companies against CWA citizen suits alleging unpermitted discharges of coal from railcars to waterbodies and wetlands throughout Washington State.
  • Representing members of the oil and gas industry in the development of one of the first ever general conservation plans under the ESA to authorize incidental take of listed species.
  • As an appointed special Attorney General, helping state Departments of Transportation build administrative records to support their highway projects and defending them against citizen suits under NEPA.
  • Developing unique protocols for oil and gas companies to advance projects without first obtaining incidental take permits under the ESA.
  • Negotiating on behalf of a Fortune 200 company the largest CWA settlement in Virginia history.
  • Defending a $250 million Kansas intermodal facility and its wetlands permit against a citizen suit challenge under the CWA and NEPA.
  • Defending an international wireless telecommunications company against federal criminal investigations for alleged violations of the ESA, MBTA and Bald and Golden Eagle Protection Act. 
  • Defending a Maryland homebuilder against state enforcement for unpermitted disturbance of wetlands and floodplain.
  • Authoring a pivotal amicus brief cited by the U.S. Supreme Court in the controversial wetlands regulation case, Rapanos v. United States.
  • Assisting federal lawmakers draft legislation to streamline project development under NEPA and expedite the CWA permitting process.

Before joining Beveridge & Diamond, Parker clerked at the White House Council on Environmental Quality. He also is a professionally-trained wetlands ecologist and has years of experience identifying wetlands, obtaining jurisdictional determinations from the U.S. Army Corps of Engineers, surveying for endangered species and drafting NEPA documents. He holds a B.S. in Natural Resources (Geology and Forestry) from the University of the South, and he graduated magna cum laude from Vermont Law School.

Parker has been selected for inclusion in Super Lawyers Edition 2014 as a "Rising Star."


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.”


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.


Katherine Kennedy is the Director of the Energy and Transportation Program at the Natural Resources Defense Council, with special expertise in energy efficiency, renewable energy, global warming solutions and air and water pollution. Kit has worked at NRDC for over twenty-five years. From 2007 to 2010, Kit served as Special Deputy Attorney General for Environmental Protection in the Office of the New York State Attorney General, where she was responsible for the management, supervision, and direction of the New York State Attorney General’s Office Environmental Protection Bureau. In November 2012, Kit was appointed to the NYS Ready Commission, one of three climate resilience commissions established by Governor Cuomo after Superstorm Sandy. From 2009-June 2013, Kit was also the Timothy B. Atkeson Environmental Lecturer in Law at Yale Law School, where she directed the Yale Environmental Protection Clinic. She has also taught as an Adjunct Professor at Fordham University School of Law. Kit serves on the board of the New York League of Conservation Voters Education Fund and is a member of the executive committee of the New York State Bar Association’s Environmental Law Section. She is a magna cum laude graduate of Harvard Law School and Harvard College.


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.