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EPA’s Utility Enforcement Initiative: The MetEd Decision May Pose Problems for Plaintiffs


Product Code - EHAU03
Speaker(s): Paul Gutermann, Akin, Gump, Strauss, Hauer, and Feld LLP and David Quigley, Akin, Gump, Strauss, Hauer, and Feld LLP
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For more than a decade, federal and state governments have pursued enforcement actions under the federal Clean Air Act against electric utility companies alleging the companies modified their coal-fired power plants without undergoing a new source review process that would have required installation of costly best available control technology. Many of the cases required the governments to show that work conducted as long as 30 years ago constituted “major modifications” under the act. A number of recent court decisions have raised what may be significant barriers to new enforcement actions seeking to reach into the distant past to prove violations of the Clean Air Act’s new source review and prevention of significant deterioration programs.

Bloomberg BNA’s webinar is designed to help you:
•Understand the operation and maintenance activities conducted by power plants that are subject to regulatory scrutiny
•Explain the legal foundation of the utility enforcement initiative, including the early federal cases and their subsequent state analogs
•Analyze the application of the general federal statute of limitations in light of recent case law, including the Supreme Court’s Gabelli decision
•Determine the effect on plaintiffs’ ability to bring claims for older plant modifications
•Set forth next steps that utilities can take to buttress their defenses against similar actions

Register easily and securely to reserve your space now for Bloomberg BNA's upcoming EHS Webinar and get a $75 discount as a Bloomberg BNA subscriber! Or, call 800-372-1033, menu Option 6, submenu Option 1, and refer to the date and title of this conference. Lines are open from 8:00 a.m. to 8:00 p.m. (ET), excluding most federal holidays.

Do not miss this opportunity to hear a lively, dynamic presentation. Not only are EHS Webinars an excellent way for you to stay current, with Bloomberg BNA, you also get:
•Quality. Count on it. Nothing is canned.
•Objectivity. Bloomberg BNA provides you with the best and most objective information. Unlike other companies, we do not use our Webinars as a forum to sell outside solutions.
•Affordability. EHS Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in—all for the price of a single registration.
•Convenience. No airlines. No travel. No time out of the office.

In addition, you will receive:
•Personal attention. Once you have registered, send your questions in advance to annebrown@bna.com and they will be included in the program. You will also have a chance to ask your questions during the Webinar.
•Follow-up materials. You need no materials upfront to follow along with our live conference. But Bloomberg BNA always issues a follow-up e-mail with contact information for our speakers as well as other materials related to the topic.
•CLE credits will be available for this EHS Webinar.

Paul Gutermann, Akin, Gump, Strauss, Hauer, and Feld LLP and David Quigley, Akin, Gump, Strauss, Hauer, and Feld LLP

gutterman
Paul Gutermann is a partner in the environment and natural resources practice at Akin, Gump, Strauss, Hauer, and Feld LLP. Paul has served as lead trial counsel defending major enforcement actions brought by the United States, states and national environmental groups in courts from New York to California. He has tried cases involving alleged violations of the Clean Air Act, federal and state regulations governing the management of hazardous waste, and cost recovery actions under CERCLA. Paul has been the lead environmental lawyer on transactions representing companies acquiring and divesting assets. He also has represented creditors committees in connection with the restructuring of major industrial manufacturing conglomerates. Paul has represented clients in connection with the development of federal legislation on such issues as the acid rain requirements and efforts to regulate carbon emissions under the Clean Air Act and implementation of the Montréal Protocol. He is a frequent speaker and writer on the range of issues related to domestic and international environmental law. Paul received his J.D. from Case Western Reserve University and is a member of the District of Columbia bar.

Quigley
David Quigley is a partner in the environment and natural resources practice at Akin, Gump, Strauss, Hauer, and Feld LLP. He has experience in negotiation of representations, warranties, and the transfer of environmental liabilities, but focuses on environmental due diligence. David developed an environmental due diligence model for use in the foreclosure of commercial properties and has managed environmental due diligence in connection with acquisitions. He litigates complex lawsuits filed under the Clean Air Act’s New Source Review (NSR) provisions and manages the discovery associated therewith, including arguing related motions in federal court. He developed fair notice and health effects defenses to the NSR suits, and he took and defended testimony related to these defenses. David counsels companies ranging from used oil recyclers to major gasoline distribution companies with respect to the requirements governing the storage and disposal of hazardous materials, as well as the remediation of their release. He also advises specialty chemical companies concerning treatment, storage, and disposal issues under the Resource Conservation and Recovery Act and state analogs. David is a member of the District of Columbia, New Jersey, and New York bars.