Feb. 27, 2007
Panacea or Placebo: Using Public Nuisance Principles to Redress Environmental Harms

Agenda Summary:  Learn about the history of public nuisance claims and how they have been transformed by today’s advocates to encompass major environmental claims; understand the elements of public nuisance claims, the proof necessary to substantiate them, and the arguments and defenses that may preclude recovery; examine the use of global warming and climate change issues as a basis for such claims, and potential implications for related litigation, including challenges to administrative permit applications; gain insight about other factual scenarios that may justify public nuisance claims, including those related to environmental pollution by a wide range of contaminants; evaluate the role of private counsel acting on behalf of public authorities and the ethical issues associated with prosecuting such claims on behalf of the public interest; attain the information necessary to determine the type of legal remedy available in particular scenarios; and consider the applicability of Daubert challenges and objections to unreliable scientific opinions to claims that assert “increased risk” rather than actual physical injuries and tangible property damages. The featured speakers were Ken Alex, Deputy Attorney General for the State of California; Richard Faulk, partner with Gardere Wynne Sewell LLP; Donald Gifford, Professor of Law at the University of Maryland School of Law; and Stephen Susman, partner with Susman Godfrey LLP.

Jan. 23, 2007
BNA’s 2007 Environmental Briefing Session: Reflections and Possibilities

Agenda Summary: Hear about the major environmental cases being litigated, including U.S. Supreme Court cases decided or pending that will impact air quality and new source review, the regulation of wetlands, and superfund cost recovery and contribution rights; learn about litigation trends and hot legal issues that are likely to impact policy; understand how the shift in the 110th Congress will affect environmental policymaking and legislative priorities; get up to speed on regulatory and administrative agency actions and the development of guidance documents that will affect environmental law and policy in 2007; and gain insight from some of the country’s top experts on strategies that lawyers and policymakers must consider to successfully navigate the environmental law and policy areas that are in flux. The featured speakers were Virginia Albrecht, partner with Hunton & Williams; John Cruden, Deputy Assistant Attorney General for the U.S. Department of Justice’s Environment and Natural Resources Division; David Friedland, chairman of the Air Section of Beveridge & Diamond’s Environmental Practice Group; and Michael Steinberg, senior counsel with Morgan Lewis.

Dec. 18, 2006
State Toxics Control Programs: Reaching Beyond TSCA

Agenda Summary: Become informed about the specific requirements of various state toxics control programs and how they can affect the operations and products of domestic manufacturers; gather information on current ideas to reform TSCA and address the impact of federal preemption on the formulation of state toxics control programs; learn what efforts are underway in the United States to respond to the European Union’s proposed legislation known as Registration, Evaluation, and Authorization of Chemicals (REACH), ratify three international treaties controlling persistent organic pollutants (POPs) and other hazardous chemicals, and address United Nations recommendations to implement a globally harmonized system (GHS) for labeling pesticides; understand the issues associated with the adoption of “green chemistry,” which encourages environmental sustainability through the design and use of less toxic chemicals; and determine how your company or organization can prepare for and respond to the challenges and opportunities of innovative chemical policies. The featured speakers were Daryl Ditz, Senior Policy Adviser at the Center for International Environmental Law; Ernie Rosenberg, President and CEO of the Soap and Detergent Association; and Michael Wilson, Research Scientist at the UC Berkeley Center for Occupational and Environmental Health.

Nov. 7, 2006
Jury Consultants for Environmental Cases: Fad or Fundamental?

Agenda Summary: Learn about the role of jury consultants, including how and when to use them and what they can add to presentation of a case; understand the difference between mock juries and focus groups; gain perspective on the explanation of scientific concepts to a jury; obtain practical guidance on how to pick a jury, avoid the “toxic juror,” and conduct useful voir dire; understand how to deal with the sympathetic plaintiff in environmental tort cases or the government plaintiff in criminal cases; and benefit from the lessons learned about presenting effective themes that shape the case for a jury, including corporate citizenship, industry standards, and historic behavior versus modern compliance requirements. The featured speakers were Angela Abel, senior vice president of DecisionQuest; Chuck Graf, chief litigation counsel for the Specialty Materials business of Honeywell International Inc.; and Mark Hopson, partner with Sidley Austin LLP.

Sept. 27, 2006
Carbon Trading: Is It Something You Should Bank On?

Agenda Summary: Become informed about the specific requirements of international and domestic climate change policies and how they can affect the business of U.S. and multinational companies; understand the nuances between the various greenhouse gas reduction programs in the United States, European Union, and countries around the world as well as the issues that are generating the most controversy; learn what other companies are doing to implement climate change policies to reduce carbon emissions; gather information about existing U.S. voluntary guidelines for reporting GHG emission reductions and ongoing efforts by organizations such as the Chicago Climate Exchange to promote carbon trading; determine whether participation in an emissions trading program is right for your company, how carbon emission trades happen, and whether you should bank or sell emission allowances; and strategize about how your company can prepare now for possible federal regulation of carbon emissions. The featured speakers were Claude Brown, partner with Clifford Chance LLP; Paula DiPerna, executive vice president of the Chicago Climate Exchange; Mark Proegler, director of emissions markets for BP; and Michael Walsh, CCX senior vice president.

Aug. 1, 2006
Navigating Wetlands Regulations: Considerations for the Practitioner

Agenda Summary: Understand the definition of “wetland,” “waters of the United States,” and the scope of federal regulatory jurisdiction under the Clean Water Act; become informed about current wetlands permitting, restoration, and mitigation requirements; learn about the implications that wetlands regulation has on private property rights, including the development and valuation of property containing wetlands; gain insight about the interplay between federal and state/local regulation of wetlands; evaluate the extent to which the U.S. Supreme Court ruling in Rapanos v. United States will impact wetlands regulation and private property development; and consider whether congressional action or agency rulemaking is likely to occur in the wake of the Supreme Court decision. The featured speakers were Larry Liebesman, partner with Holland + Knight LLP; Tim Searchinger, an attorney with Environmental Defense; and Peggy Strand, partner with Venable LLP.

June 29, 2006
Product Stewardship in the Age of RoHS, WEEE, and Domestic Recycling Initiatives

Agenda Summary: Become informed about the specific requirements of RoHS and WEEE and how they can affect the operations and products of U.S. and foreign manufacturers; learn what due diligence companies should practice or good faith efforts they should undertake to meet RoHS and WEEE requirements as well as domestic policy initiatives; gather information about new and ongoing U.S. recycling policies and programs and important nuances between recycling and product control programs adopted by various countries; understand the issues that are generating the most controversy over implementation of recycling and product stewardship programs in the United States and abroad; determine whether a product stewardship program is applicable to your company and its product line and how it can be implemented; and strategize about ways to incorporate stewardship policies into the lifecycle management of your products. The featured speakers were Scott Cassel, Executive Director of the Product Stewardship Institute; Rick Goss, Director of Environmental Affairs for the Electronic Industries Alliance; and Paul Hagen, Director with Beveridge & Diamond PC.

March 21, 2006
Cooper v. Aviall: Where We Are Today

Agenda Summary: Become informed about the status of the litigation in Cooper Industries and its impact on contribution and cost recovery under CERCLA; determine whether cleanup will satisfy the legal elements for contribution under CERCLA Section 113 or cost recovery under Section 107 in light of the various federal court rulings since the Cooper Industries decision; understand how the decision has affected state voluntary cleanup programs, brownfields redevelopment, and the use of state settlement agreements; learn what EPA is doing to ensure cleanup and cost recovery efforts in response to the Cooper Industries decision; strategize about ways to recover cleanup costs under state laws, common law, and other federal environmental statutes; and gather information about questions that remain unanswered related to the recovery of cleanup costs and negotiation strategies that private parties should use to protect their rights to recover cleanup costs. The featured speakers were Richard Faulk, partner with Gardere Wynne Sewell LLP and counsel for Aviall Services before the U.S. Supreme Court; Karin Leff, Deputy Director of the Regional Support Division in the Office of Site Remediation of the Environmental Protection Agency's Office of Enforcement and Compliance Assurance; and Larry Schnapf, attorney with Schulte Roth & Zabel LLP.

February 21, 2006
All Appropriate Inquiries and Beyond: Key Issues and Post-Purchase Considerations

Agenda Summary: Understand how EPA’s final regulations and ASTM International’s revised standard E1527-05 differ from current industry practices for conducting environmental due diligence; gain insight about the burdens and benefits of using the final AAI rule, the likely impact of the rule on lenders, and the applicability of AAI to stock/asset purchase transactions; consider whether AAI is the appropriate way to conduct due diligence for your real estate transaction and whether it is broad enough to address all relevant environmental concerns related to the property; evaluate the extent to which the new rule may affect the relationships among—and liability exposures of—users, counsel, and environmental consultants in the due diligence process; determine what liability protections you are afforded by complying with AAI and the limitations of such protections; discover what post-purchase considerations must be addressed to maintain CERCLA liability protection; and learn about ASTM’s task force that currently is working to draft a standard on "continuing obligations." The featured speakers were Jeff Civins, partner with Haynes and Boone LLP; David Freeman, partner with Paul, Hastings, Janofsky & Walker LLP; and Julie Kilgore, principal with Wasatch Environmental and member of EPA’s Negotiated Rulemaking Committee for All Appropriate Inquiry.

January 12, 2006
Emerging Accounting and SEC Environmental Issues: FIN 47 and Sarbanes-Oxley

Agenda Summary: Learn how Financial Interpretation 47 impacts how companies recognize and account for “contingent environmental retirement obligations” associated with owned assets; understand FIN 47's requirements for reasonable estimation of the present fair value of a liability; obtain practical guidance on managing your company's obligations under FIN 47; and benefit from the lessons companies have learned from three years of experience in addressing the environmental implications of the Sarbanes-Oxley Act of 2002, including considerations for environmental managers and in-house environmental lawyers when communicating with auditors, implications of auditor independence for the provision of environmental services by audit firms, appropriate disclosure controls and procedures for environmental liabilities, and the importance of compliance with Securities and Exchange Commission environmental requirements that were in effect before Sarbanes-Oxley. The featured speakers were Holly Clack, Director in PricewaterhouseCooper's Dispute Analysis and Investigations Group; Laura Leonard, partner at Sidley Austin LLP; and David Mueller, Senior Managing Attorney with CNH America LLC.

November 17, 2005
The EHS Implications of Nanotechnology: What They Are and What You Need to Know

Agenda Summary: Understand who the key players are in the development and oversight of nanotechnology and what they currently are doing; learn about federal and international initiatives to encourage, guide, and/or regulate the use of nanotechnology; find out what types of nanoengineered products and services are being considered for use in the EHS marketplace; hear about the potential risks to the environment and worker safety and health from such newly developed processes and products; and receive insight on the practical issues that must be considered by a company using a nanoengineered product or service in its daily operations. The featured speakers were Lynn L. Bergeson, Managing Director of Bergeson & Campbell, P.C.; Karen Florini, Senior Attorney with Environmental Defense; and Andrew D. Maynard, Ph.D., Chief Science Advisor for the Project on Emerging Nanotechnologies at the Woodrow Wilson International Center for Scholars.

September 27, 2005
Eminent Domain and Brownfields: Implications of Kelo v. City of New London

Agenda Summary: Understand the U.S. Supreme Court's ruling in Kelo v. City of New London and what qualifies as a legitimate taking for public use in the wake of the decision; find out about the practical implications of Kelo on the use and potential abuse of using eminent domain for brownfields redevelopment projects; discover how eminent domain can be integrated into brownfields redevelopment plans; hear from legal experts about the pros and cons of using eminent domain as a brownfields redevelopment tool; receive insight on what practical issues must be considered if eminent domain is essential to the successful completion of a redevelopment project; and learn about state legislative initiatives in response to Kelo that may impact local government authority to use eminent domain for redevelopment projects, including proposed model language for amending state statutes and constitutions. The featured speakers were Richard Opper, Partner with Opper & Varco LLP; Mary Massaron Ross, Partner with Plunkett & Cooney; and Barry Trilling, Partner with Wiggin & Dana LLP.

June 15, 2005
Environmental Enforcement: Insider Perspectives

Agenda Summary: Understand the guiding principles and roles of the Department of Justice and Environmental Protection Agency in the detection and prosecution of environmental crimes; discover how civil and criminal penalty policies are developed and applied; find out what types of violations get the most attention; receive practical tips for avoiding environmental enforcement actions; understand the role of environmental management systems in demonstrating compliance and environmental stewardship; and learn about trends in the enforcement of air, chemical, waste, and water regulations. The featured speakers were Doug Arnold, a partner in the Atlanta law offices of Alston & Bird LLP; Bruce Pasfield, Assistant Section Chief in the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division; and Dennis Treacy, Vice President of Environmental, Community and Government Affairs for Smithfield Foods Inc.

May 12, 2005
Clean Air Act Title V Permits: Regulatory Developments, Compliance, and Enforcement

Agenda Summary: Learn about the provisions of Title V that directly affect in-house counsel and EHS personnel, receive an update on the implications of recent permit appeals and litigation, obtain practical guidance on managing a company’s obligations under Title V, gain perspective on possible Title V enforcement implications, receive an update on the Clean Air Act Advisory Committee Task Force review of the Title V program, understand how a recent report by the Environmental Protection Agency’s Office of Inspector General urging improvements in the agency’s operating permits program and state oversight will impact corporations, and learn about new regulatory developments EPA is planning for the Title V program. The featured speakers were Michael Ling, Senior Policy Advisor with EPA’s Information Transfer and Program Integration Division; Matthew Tanzer, Chief Counsel for Environment, Health & Safety at Tyco International; and Byron Taylor, a partner in the Chicago law offices of Sidley Austin Brown & Wood LLP.

March 2, 2005
Cooper v. Aviall : Implications for Owners and Purchasers of Contaminated Property

Agenda Summary: Understand the implications of the decision on state voluntary cleanup programs and brownfields redevelopment; determine whether your cleanup will satisfy the legal elements for contribution under CERCLA Section 113 or if you have a valid Section 107 claim; discover new cleanup approaches to ensure recovery of cleanup costs; identify alternative strategies to recover cleanup costs under state laws, common law, and other federal environmental statutes; gather information about potential legislative and administrative fixes that could impact the application of the high court's ruling; learn about the effect the ruling will have on EPA's enforcement policies and steps the agency should take to ensure continued voluntary cleanup efforts. The featured speakers were Richard Faulk, Environmental Practice Group Leader with Gardere Wynne Sewell LLP; Marianne Horinko, Executive Director, Global Environment and Technology Foundation; and Larry Schnapf, an attorney with Schulte, Roth & Zabel.

November 10, 2004
Environmental Audits: Where We Are Today

Agenda Summary: Learn more about EPA’s environmental audit policy and its possible ramifications on company operations; problem areas that give rise to the need for an environmental audit; differences between federal policies and state immunity statutes and self-disclosure policies; setting goals and objectives for an environmental audit; resources needed to conduct an effective environmental audit; and new factors, such as ISO 14000 and Sarbanes-Oxley, that can affect audits. The featured speakers were Bertram Frey, Acting Regional Counsel for EPA Region V, and Stanley Abramson, a partner in the Washington, D.C., law offices of Arent Fox.

To order CDs of a particular audioconference, please call BNA Customer Relations at (800) 372-1033, Option 6 and refer to the audioconference title and date. Please note that the May 12, 2005; Jan. 12, 2006; and Nov. 7, 2006, conferences on CAA Title V permits, SEC environmental issues, and jury consultants, respectively, were not recorded.