Western Boot Camp on Environmental Law®: Supplemental Materials

Introductory Materials

Agenda

Faculty List

Faculty Biographies

Table of Acronyms

ELI Calendar of Events

 

Clean Water Act

"Clean Water Rule," US EPA (Last updated Jan. 3, 2017).

"Final Rulemaking to Update the National Water Quality Standards Regulation," US EPA (Last updated May 19, 2016).

Giles, Cynthia, "Issuance of the 2015 Update to the 1998 U.S. Environmental Protection Agency Supplemental Environmental Projects Policy," Memorandum, Office of Enforcement and Compliance Assurance, US EPA (Mar. 10, 2015).

"Interim Clean Water Act Settlement Penalty Policy," US EPA (Mar. 1, 1995).

Lowrance, Sylvia K., "Issuance of Revised CWA Section 404 Settlement Penalty Policy," Memorandum, Office of Enforcement and Compliance Assurance, US EPA (Dec. 21, 2001).

"National Enforcement Initiatives," US EPA (Last updated Jun. 13, 2016).

"NPDES Permit Writer’s Manual," US EPA (Last updated Nov. 1, 2016).

"Supplemental Guidance to the Interim Clean Water Act Settlement Penalty Policy (March 1, 1995) Penalty Policy Violations of the Construction Stormwater Requirements," US EPA (Feb. 5, 2008).

“The Clean Water Act Primer,” prepared by Ellen Blake (US EPA Region 9) and Laurie Kermish (US EPA Region 9) (Presentation).

 

Ethics in Environmental Law

“Ethics in Environmental Law," prepared by Joshua A. Bloom (Environmental General Counsel LLP).

Model Rules of Professional Conduct, Americanbar.org (last visited Mar. 16, 2018).

 

Clean Air Act

Burger, Carlson, Gerrard, et. al., “Legal Pathways to Reducing Greenhouse Gas Emissions Under Section 115 of the Clean Air Act,” Columbia Law School (Jan. 2016).

“Clean Air Act Requirements and History,” U.S. EPA (Last updated Jan. 3, 2017).

Domike, Julie and Murray, Suzanne Beaudette, “The Current Environment of Federal Regulatory Enforcement,” Haynes and Boone, LLP (Dec. 6 2018).

“EPA’s Clean Power Plan,” U.S. EPA (Last updated June 18, 2018).

“EPA's Next Generation Compliance: Strategic Plan 2014-2017,” U.S. EPA (Oct. 2014).

“Introduction to the Clean Air Act,” prepared by Derek McDonald (Baker Botts LLP) (Presentation).

“Mobile Sources (Title II Program),” prepared by Suzanne Murray (Haynes and Boone, LLP) (Presentation).

“Overview of Greenhouse Gases,” U.S. EPA (Last updated Oct. 21, 2018).

“Overview of the Clean Air Act and Air Pollution,” U.S. EPA (Last updated Aug. 28, 2018).

Pederson, Dick, “American College of Environmental Lawyers Memo on CAA 111(d) History and Background,” Memorandum, Environmental Council of the States (April 4, 2014).

 

Comprehensive Environmental Response, Compensation, and Liability Act

“Comprehensive Environmental Response, Compensation, and Liability Act,” prepared by J. Tom Boer (Hunton Andrews Kurth LLP) and Loren Dunn (Beveridge & Diamond PC) (Presentation).

Dunn, Loren and Klein, Eric, “EPA Sees New Challenges Ahead for Superfund,” Beveridge & Diamond, PC (Feb. 16 2018).

Marks, Dunn, and Shannon, “CERCLA Task Force Issues Recommendations,” Beveridge & Diamond, PC (Aug. 2 2017). 

 

Agriculture and the Environment

“Agriculture and the Environment: Reality, Law and Policy,” prepared by Kimberly Bick (Bick Law LLP) and Peter H. Lehner (Earthjustice) (Presentation).

Lehner, Peter, “A New Crop of Ideas for Fighting Climate Change,” Earthjustice Blog (Nov. 1 2017).

Lehner, Peter, “The Major Food Waste Problem You Haven't Heard About,” Earthjustice Blog (Jun. 6 2017).

Lehner, Peter, “Agronomy: Feeding More with Less,” The Environmental Forum Vol. 34, No. 3 (May/June 2017).

Lehner, Peter, “Food 2.0: Working Toward Greater Efficiency in Agriculture,” Earthjustice Blog (Apr. 18 2017).

Lehner, Peter, “We Disrupted the Energy System—Let’s Tackle the Food System, Too,” Earthjustice Blog (Jun. 8 2016).

 

Climate Change

“Climate Change,” prepared by Karen McGaffey (Perkins Coie LLP) and Kevin Poloncarz (Covington & Burling LLP) (Presentation).

“Climate Change References & Resources," prepared by Karen McGaffey (Perkins Coie LLP) (Outline).

 

Environmental Justice

“Centering Cumulative Impacts in a Framework of Equity and Civil Rights,” prepared for by Deldi Reyes (CalEPA) (Outline).

“Environmental Justice,” prepared for by Caroline Farrell (Center on Race, Poverty, and the Environment) (Presentation).

Friends of Buckingham v. State Air Pollution Control Board, No. 19-1152 (4th Cir. 2020).

Rothstein, Richard and Lopez, Mark, "Segregated by Design," (Video). 

2 C.C.R. § 11135 "Nondiscrimination in State-Supported Programs and Activities: Attachment E."

 

Resource Conservation and Recovery Act 

"Pawtucket Mercury Spill Case Study," prepared by William D. Wick (Wactor & Wick LLP) (Presentation). 

“RCRA Case Study: Pawtucket, R.I. Mercury Release Materials,” prepared by William D. Wick (Wactor & Wick LLP) (Outline).

“Resource Conservation and Recovery Act,” prepared by Kirk B. Maag (Stoel Rives LLP) (Presentation).

Title 42, 6928; and U.S. EPA, “Criminal Provisions of RCRA,” U.S. EPA (Feb. 3, 2014).

40 C.F.R. § 261.5 “Special Requirements for Hazardous Waste Generated by Conditionally Exempt Small Quantity Generators;” and White, Michael, “Health and Safety Annex CESQGs,” WAAC Newsletter Vol. 20 No. 3 (Sep. 1998).

40 C.F.R. § 271.1; Memorandum PIG-84-1 (May 21, 1984); “Introduction to State Authorization Training Manual;” and 57 F.R. 32726-02.

 

Energy Law

“Evolving the Solar Procurement Paradigm," First Solar, Inc. (2019).

"Renewable Energy Project Development," prepared by Linda Sobczynski (Farella Braun + Martel) (Presentation).

"Solar Development," prepared by Beth Deane (First Solar, Inc.) (Presentation). 

 

Environmental Liabilities in Business Transactions

“Environmental Liabilities in Business Transactions,” prepared by Patricia A. Lin (Chevron) and Lea A. Phillips (Ballard Spahr LLP) (Presentation).

Jones, Carol and DiPinto, Lisa, “The Role of Ecosystem Services in USA Natural Resource Liability Litigation,” Environmental Law Institute, (March 2017).

Jones, Pendergrass, Broderick, and Phelps, “Tropical Conservation and Liability for Environmental Harm,” Environmental Law Institute, (Nov. 2015).

 

Environmental Enforcement

Devaney, Earl “Exercise of Investigative Discretion,” Memorandum, Office of Criminal Enforcement, US EPA (Jan. 12, 1994).

“Enforcement Principles and Priorities” Memorandum from Jeffrey H. Wood, Acting Assistant Attorney General, U.S. DOJ, Environment and Natural Resources Division to ENRD Deputy Assistant Attorneys General and Section Chiefs (March 12, 2018).

“Limiting Use of Agency Guidance Documents In Affirmative Civil Enforcement Cases” Memorandum from the Associate Attorney General to the Heads of Civil Litigating Components, United States Attorneys (Jan. 25 2018).

“Memorandum of Understanding Between the U.S. Departments of Labor and Justice on Criminal Prosecutions of Worker Safety Laws” U.S. Department of Labor and U.S. DOJ (Dec. 17, 2015).

“Notice of Violations and Intent to File Suit under the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq.” Letter No. 157-045 from Tulane Environmental Law Clinic to United Bulk Terminals Davant, LLC (Nov. 20, 2013).

"Parallel Proceedings Policy," Directive, Environment and Natural Resources Division, U.S. DOJ (Dec. 12, 2008).

“Prosecutions of Worker Safety Violations: Memorandum for all United States Attorneys” U.S. DOJ, Office of the Deputy Attorney General (Dec. 17, 2015).

“Settlement Payments to Third Parties in ENRD Cases” Letter from Jeffrey H. Wood, Acting Assistant Attorney General, U.S. DOJ, Environment and Natural Resources Division to ENRD Deputy Assistant Attorneys General and Section Chiefs (Jan. 9, 2018).

“The Yates Memo: A Paradigm Shift in Environmental Enforcement?” Seminar, Environmental Law Institute, Washington, DC (Feb. 16, 2016).

 

Project Development

“Making the National Environmental Policy Act Process Work,” prepared by Matthew Adams (Dentons US LLP) (Presentation).

“Revised Eagle “Incidental Take” Permit Regulations Strike a Better Balance,” Farella Braun + Martel LLP (Jan. 5, 2019).

Spaulding, Skip and Locke, Chris, “Troubled Waters at the High Court,” Los Angeles & San Francisco Daily Journal (Jan. 25 2017).

“Wetlands and Species Issues in Project Development,” prepared by Paul P. “Skip” Spaulding, III (Farella Braun + Martel LLP) (Presentation).

 

Research Resources

ELI Research Tools and Membership Resources

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

''Georgetown Law Library Environmental Law Research Guide,'' by Georgetown Law Library. Permission to use materials obtained from Ann Hemmens.

 

Continuing Legal Education (CLE) Documents

"State CLE Contact Information By State."

''CLE Credit Hours'' (Table).

''CLE Credit Hours by State'' (Table).

''How to Obtain CLE Credit from Your State.''

 

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