Eastern Boot Camp on Environmental Law®: Supplemental Materials

Introductory Materials

Agenda

ELI Upcoming Events

How to Use ELR's Online Service

Georgetown Law Library Environmental Law Research Guide

 

National Environmental Policy Act (NEPA)

“NEPA: The Flexible Statute List of Cites Authorities” (Thomas Reuters Westlaw Legal Research). 2018.

“NEPA: The Flexible Statute” (Presentation) prepared by Thomas Jensen (Perkins Cole LLP).

"Infrastructure Permit Streamlining Under FAST Act" (Holland & Hart LLP). (2017).

 

Climate Change Law

“Climate Change Law at NOAA” (Presentation) Prepared by Kate Abbott (NOAA).

“Climate Change Law Overview and Update” (Presentation) Prepared by Martha Roberts (Environmental Defense Fund).

"Climate Change Law: National Environmental Policy Act (NEPA) and Department of Interior Legal Issues" (Presentation) Prepared by Jayni Foley Hein (Institute for Policy Integrity NYU School of Law).

Jayni Foley Hein, "Capturing Value: Science and Strategies to Curb Methane Emissions from the Oil and Natural Gas Sector" (Institute for Policy Integrity, New York University School of Law). (December 2014).

"No Turning Back: An Analysis of EPA's Authority to Withdraw California's Preemption Waiver Under Section 209 of the Clean Air Act" (Institute for Policy Integrity, New York University School of Law). (October 2018).

"Pipeline Approvals and Greenhouse Gas Emissions" (Institute for Policy Integrity, New York University School of Law). (April 2019).

 

Endangered Species Act (ESA)

Defenders of Wildlife, "Comments on Proposed Revision of ESA Interagency Cooperation Regulations". (September 21, 2018).

Defenders of Wildlife, "Comments on Proposed Revision of ESA Listing and Critical Habitat Regulations". (September 21, 2018).

Defenders of Wildlife, "Comments on Proposed Revision of ESA Regulations for Threatened Species". (September 21, 2018).

Endangered Species, (U.S. Fish & Wildlife Service).

Endangered Species Act Document Library, (U.S. Fish & Wildlife Service).

Endangered Species Act Policies, Guidance, and Regulations, (National Marine Fisheries Service, National Oceanic and Atmospheric Administration).

Endangered Species Act Listed Species, (National Marine Fisheries Service, National Oceanic and Atmospheric Administration).

Environmental Conservation Online System, (U.S. Fish & Wildlife Service).

Solicitor’s Opinions, (U.S. Department of the Interior).

“The Endangered Species Act” (Presentation) Prepared by Jane Davenport (Defenders of Wildlife).

 

Clean Air Act

Bruce Pasfield and Elise Paeffgen, "EPA's Latest Truck Rule Has Broader Effect on Mobile Source Compliance and Enforcement" (Daily Environment Report). (October 2016).

“Clean Air Act” (Presentation) Prepared by Elise Paeffgen (Alston and Bird LLP) and Allison Torrence (Jenner & Block).

Environmental Protection Agency, Applicability Determination Index.

Environmental Protection Agency, Clean Air Act NSR Permitting.

Environmental Protection Agency, Clean Air Markets Data and Maps.

Environmental Protection Agency, Climate Change Regulatory Initiatives.

Environmental Protection Agency, Enforcement and Compliance History Online.

Environmental Protection Agency, “New Source Review Workshop manual: Prevention of Significant Deterioration and Nonattainment Area Permitting.” (Draft 1990).

Environmental Protection Agency, PSD and Title V Permitting Guidance for Greenhouse Gases (March 2011).

Environmental Protection Agency, RACT/BACT/LAER Clearinghouse.

Environmental Protection Agency, The Green Book Nonattainment Areas for Criteria Pollutants.

 

Environmental Aspects of Energy Law

"About New Jersey and About Pennsylvania" (Presentation) Prepared by Janet Peace (Center for Climate and Energy Solutions).

"Carbon Utilization: A Vital and Effective Pathway for Decarbonization," (Center for Climate and Energy Solutions). (August 2019).

"Environmental Aspects of Energy Law: A Crash Course" (Presentation) Prepared by Stephen Zumbrun (Blank Rome LLP).

"Environmental Aspects of Energy Law: A closer look at the Regional Greenhouse Gas Initiative (RGGI) & Task Force on Climate-related Financial Disclosures (TCFD)" (Presentation) Prepared by Janet Peace (Center for Climate and Energy Solutions).

Preparing for Carbon Pricing," (Partnership for Market Readiness). (January 2015).

Stephen Zumbrun, "Here Today, Gone Tomorrow? FERC's Natural Gas Pipeline Greenhouse Gas Analysis Policy," (Pratt's Energy Law Report). (2018).

 

Agriculture and the Environment

“Agriculture and the Environment” (Presentation) Prepared by Peter Lehner (Earthjustice) and Michael Drysdale (Dorsey & Whitney LLP).

 

 

Clean Water Act

Definition of Waters of United States (Corps of Engineers), July 27, 2017.

Environmental Protection Agency. Authorization to Discharge Under the National Pollutant Discharge Elimination System (2013).

Executive Order, “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” (February 28th, 2017).

Kathy Robb & Christine Leas, “Groundwater & The Clean Water Act: murky waters — are indirect discharges to groundwater regulated under the CWA? Hawai’i Wildlife Fund, et al. v. County of Maui,” (The Water Report), (April 15th, 2018).

Kathy Robb, "Groundwater & The Clean Water Act: The Supreme Court Considers County of Maui v. Hawai'i Wildlife Fund," (The Water Report), (November 15, 2019).

Kathy Robb, “EPA and the Corps’ Definition of ‘Waters of the United States’ Under the Clean Water Act Through the May 27, 2015 Final Rule,” (Sive, Paget, & Riesel P.C.), (2015).

“The Clean Water Act” (Presentation) Prepared by Kathy Robb (Sive, Paget, & Riesel P.C.) and Allan Gates (Mitchell, Williams, Selig, Gates & Woodyard P.L.L.C.).

 

Resource Conservation and Recovery Act (RCRA)

"Resource Conservation and Recovery Act" (Presentation) prepared by Tom Mounteer (Paul Hastings LLP) and Randy Hill (Federal Government Attorney).

 

Generator Requirements

 

Tom Mounteer, "Hazardous Waste Reforms Not in Trump's Sights," Daily Environment Report (Bloomberg BNA, July 10, 2017)

Complaint, California v. Home Depot U.S.A., Inc., No. BC376095 (Cal. Super. Ct. Aug. 17, 2007).

Consent Order, U.S. Filter Recovery Services (Mid-Atlantic), Inc., Virginia Dept. of E NVTL . Qual., Waste Mgmt. Bd. (April 11, 2006).

 

Hazardous Waste Identification and Classification

Office of Solid Waste, U.S. EPA, Chapter 1, Hazardous Waste Identification, RCRA Orientation Manual, (2014)

 

Land Disposal Restrictions

Office of Solid Waste, U.S. EPA, Land Disposal Restrictions: Summary of Requirements (Aug. 2001, rev'd)

 

Treatment, Storage, and Disposal Facilities

Office of Solid Waste, Introduction to Treatment Storage, and Disposal Facilities, RCRA Training Module (Sept. 2005).

 

Recycling Secondary Hazardous Materials

Rachel Sullivan, “The D.C. Circuit Takes a Wrong Turn: Redefining Soil Waste Under RCRA,” 49 Environmental Law Reporter News & Analysis 10,581 (June 2019)

 

Used Oil

U.S. EPA, Managing Used Oil: Advice for Small Businesses.

 

Universal Wastes

U.S. EPA, Overview of Universal Waste Program.

 

Coal Combustion Residues

Dialogue, "EPA's Coal Ash Rule: Implications for Regulated Entities, Results for the Environment," 45 Environmental Law Reporter News & Analysis 11,089 (December 2015).

 

Underground Storage Tanks

U.S. EPA, Musts for USTs (2015 update).

 

Enforcement

Office of Enforcement and Compliance Assurance, U.S. EPA, RCRA Civil Penalty Policy (June 2003).

Office of Enforcement and Compliance Assurance, U.S. EPA, Hazardous Waste Civil Enforcement Response Policy (Dec. 2003).

 

Civil and Criminal Enforcement

33 U.S.C. § 1319; Clean Water Act Enforcement Provisions: “Title 33 – Navigation and Navigable Waters, Chapter 26 – Water Pollution Prevention and Control, Subchapter III – Standards and Enforcement”

33 U.S.C. § 1365; Clean Water Act Citizen Suit Provision: “Title 33 – Navigation and Navigable Waters, Chapter 26 – Water Pollution Prevention and Control, Subchapter V – General Provisions”

42 U.S.C. § 6928; RCRA Enforcement Provisions: “Title 42 – The Public Health and Welfare, Chapter 82 – Solid Waste Disposal, Subchapter III – Hazardous Waste Management”

42 U.S.C. § 6972; RCRA Citizen Suit Provision: “Title 42 – The Public Health and Welfare, Chapter 82 – Solid Waste Disposal, Subchapter VII – Miscellaneous Provisions”

42 U.S.C. § 7413; Clean Air Act Enforcement Provisions: “Title 42 – The Public Health and Welfare, Chapter 85 – Air Pollution Prevention and Control, Subchapter I – Programs and Activities, Part A – Air Quality and Emission Limitations”

42 U.S.C. § 7604; Clean Air Act Citizen Suit Provision: “Title 42 – The Public Health and Welfare, Chapter 85 – Air Pollution Prevention and Control, Subchapter III – General Provisions”

Andrew Stewart & Richard Alonso. “A New Direction for EPA Enforcement Program,” (Law360), August 31, 2018.

Announcement by Administrator Wheeler, (U.S. Environmental Protection Agency). September 6, 2018.

“Civil and Criminal Enforcement” (Presentation) Prepared by David T. Buente, Jr. (Sidley Austin LLP) and Benjamin E. Tannen (Consolidated Edison Company of New York, Inc.).

Consent Decree for Operable Unit 01 of the Big River Superfund Site Relation to IRS Code Section 162(f), (U.S. Department of Justice, Environment and Natural Resources Division). (April 3, 2018).

Consent Decree, United States of America, and the Louisiana Department of Environmental Quality, and the Kansas Department of Health and Environment v. Columbian Chemicals Company. (June 11, 2018).

Environmental Protection Agency, Environmental Policy, Guidance, and Publications (2015).

FY2020-FY2023 National Compliance Initiatives (Memorandum). (Environmental Protection Agency, Office of Enforcement and Compliance Assurance). (June 7, 2019).

Enhancing Effective Partnerships between the EPA and the States in Civil Enforcement and Compliance Assurance Work (Memorandum). (Environmental Protection Agency, Office of Enforcement and Compliance Assurance). (July 11, 2019). 

Order on Motion to Dismiss, Potomac Riverkeeper Inc. v. Marcella M. Klinger LLC (October 2, 2013).

Principles of Federal Prosecution of Business Organizations. (Department of Justice). (November 2015).

Prohibition on Settlement Payments to Third Parties (Memorandum). (Department of Justice), 2017.

Settlement Payments to Third Parties in ENRD Cases (Memorandum). (Department of Justice, Environment and Natural Resources Division). (January 9, 2018).

Timothy Webster and Thomas Yancey. “How Tax Reform Affects Government Environmental Enforcement,” (Law360 Tax Authority), March 1, 2018.

Using Supplemental Environmental Projects ("SEPs") in Settlements with State and Local Governments (Memorandum). (Department of Justice, Environment and Natural Resources Division). (August 21, 2019).

 

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Allison B. Rumsey and Eric A. Rey, Untangling CERCLA Divisibility and the Fox River Litigation, Arnold & Porter (Oct 2015).

“Everything There is to Know About Superfund and More -- Part I” (Presentation) Prepared by Allison B. Rumsey (Arnold & Porter Kaye Scholer LLP).

“Everything You Need to Know About Superfund and More – Part II” (Presentation) prepared by Timothy K. Webster (Sidley Austin LLP).  

 

Ethics in Environmental Law

“Ethics in Environmental Law” (Presentation) Prepared by Nadira Clarke (Baker Botts LLP).

American Bar Association, Model Rules of Professional Conduct.

 

Environmental Justice

6 N.C. GEN. STAT. § 153A-136(c); Counties: “Article 6 – Delegation and Exercise of General Police Power, Title 136(c) - Regulation of Solid Wastes”

14 NY CLS ECL § 27-1415; Environmental Conservation Statutes: “Title 14 – Brownfield Cleanup Program, Remedial Program Requirements”

American Bar Association, Environmental Law Report 109 (General Form), (August 10-11, 1993).

Bullard, R. D., Dumping in Dixie: Race, Class, and Environmental Quality, Chapter Two, (1990).

CityData.com, “Flint, Michigan,” (2013).

Cole, Luke W. and Foster, Sheila R., From the Ground Up: Environmental Racism and the Rise of the Environmental Justice, New University Press, (2001).

Environmental Justice in the 21st Century: Threats and Opportunities (Part 3), Environmental Law Institute (Webinar). (October 15, 2018). 

Environmental Justice, Environmental Law Institute Summer School, (July 30, 2019). 

“Environmental Justice: Examining the Environmental Protection Agency’s Compliance and Enforcement of Title VI and Executive Order 12,898,” U.S. Commission on Civil Rights Report, (September 2016).

Environmental Justice: The Civil Rights of the 21st Century (Outline) Prepared by Quentin C. Pair (Howard University School of Law).

“Environmental Justice Plan for the State of Michigan and Department of Natural Resources and the Environment,” Department of Natural Resources and the Environment, Environmental Justice Working Group, (December 17, 2010). pp. v-vi.

Environmental Justice: The Pursuit of Energy Dominance & a Resilient Appalachia, Environmental Law Institute (Webinar). (January 9, 2019).

Environmental Justice-Related Terms as Defined Across the PSC Agencies, Environmental Protection Agency, Partnership for Sustainable Communities, (May 13, 2013).

Executive Directive No. 2007-23 Promoting Environmental Justice, Office of the Governor of the State of Michigan, (November 21, 2007).

Final Report to the Congressional Black Caucus Environmental Justice Braintrust, National Environmental Policy Commission, edited by Medical University of South Carolina, (September 26, 2003).

Implementation Progress Report on Environmental Justice, U.S. Department of Justice, Environment and Natural Resources Division, (2015).

Kris Dighe, & Lana Pettus, Environmental Justice in the Context of Environmental Crimes, The United States Attorneys' Bulletin, Environmental Crimes, Volume 59 Number 4 (July 2011).

"Legal Right to Public Participation and Importance to EJ Communities" (Presentation) Prepared by Adrienne L. Hollis (Union of Concerned Scientists).

“Memorandum of understanding on environmental justice and executive order 12898" (Memorandum), (August 14, 2011).

New Mexico Environmental Justice Executive Order 2205-056, Office of the Governor of the State of New Mexico, (November 18, 2005).

Now is the Time: Environmental Injustice in the U.S. and Recommendations for Eliminating Disparities, A Collaborative Report by The Lawyers Committee for Civil Rights Under Law, (June 2010).

Paul Egan, “Dems say state blocked Flint return to Detroit water,” Detroit Free Press. (March 2, 2016).

“Plan EJ 2014,” Environmental Protection Agency, Office of Environmental Justice, (September 2011).

“Plan EJ 2014 Legal Tools,” Environmental Protection Agency, Office of Environmental Justice, (December 2011).

“Presidential Memorandum to Executive Order (EO) 12898” (Memorandum), (Feb. 11, 1994).

Principles of Environmental Justice: The First National People of Color Environmental Leadership Summit, Washington, DC. (October 24-27, 1991).

Kuehn, Robert R., “Denying Access to Legal Representation: The Attack on the Tulane Law Clinic.” Washington University Journal of Law & Policy: 033, (2000).

Kuehn, Robert R., “Remedying the Unequal Enforcement of Environmental Laws.” Journal of Civil Rights and Economic Development, Issue 2 Volume 9, (1994).

 

Federal Chemical Regulation

Consumer Product Safety Commission. "Guidance for Hazardous Additive, Non- Polymeric Organohalogen Flame Retardants in Certain Consumer Products".

Environmental Protection Agency. "Draft Guidance for Plant Regulator Label Claims, Including Plant Biostimulants".

Environmental Protection Agency. “Label Review Manual.”

Environmental Protection Agency. "Pesticide Product Registrations; Receipt of Applications for a New Site" (2019).

Environmental Protection Agency. Pesticide Registration.

Environmental Protection Agency. “Pesticide Registration Manual."

“Federal Chemical Regulation: Toxic Substances Control Act” (Presentation) Prepared by Martha E. Marrapese (Wiley Rein LLP).

“Federal Regulation of Chemicals Part Deux” (Presentation) Prepared by Keith Matthews (Wiley Rein LLP).

 

Due Diligence Considerations in Transactional Environmental Law

“Due Diligence Considerations in Transactional Environmental Law” (Presentation) Prepared by Karl R. Heisler (King & Spalding LLP).

Environmental Protection Agency, “Clean Ups in My Community.”

Environmental Protection Agency, "Common Elements" Guidance (July 2019).

Environmental Protection Agency, Corrective Action Sites around the Nation.

Environmental Protection Agency, Enforcement and Compliance History Online.

Environmental Protection Agency, “FY 2017 Superfund Program Implementation Manual.”

Environmental Protection Agency, "FY 2018 Superfund Accomplishments Report."

Environmental Protection Agency, “RCRA Corrective Action Cleanup Enforcement.”

Environmental Protection Agency, “Revitalizing Contaminated Lands: Addressing Liability Concerns.”

Environmental Protection Agency, “Superfund Cleanup Policies and Guidance.”

Environmental Protection Agency, Superfund Task Force Final Report (September 2019).

 

Research Resources

"How to Use ELR's Online Service" prepared by Rachel Jean-Baptiste (Environmental Law Institute).

"Georgetown Law Library Environmental Law Research Guide." (Georgetown Law Library).

Georgetown Law Library Environmental Law Research Guide Direct Link

 

Continuing Legal Education (CLE) Documents

"How to Obtain CLE Credit from Your State."

"CLE Credit Hours" (Table).

"CLE Credit Hours by State" (Table).

"CLE Contact Information By State" (Table).

 

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