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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Environmental

Date & Time
  • event Date

    Wednesday, June 10, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide information on the federal and state guidelines related to continued environmental regulation, remediation, and enforcement in the wake of the COVID-19 pandemic.

Faculty

Steven M. Siros
Partner
Jenner & Block LLP

Mr. Siros is chair of the Environmental Litigation Practice and co-chair of the Environmental Workplace Health and Safety Practice. He focuses primarily on environmental and toxic tort matters.  Corporations seek his counsel on complex CERCLA and RCRA matters and cases involving toxic tort and natural resource damages. Mr. Siros counsels policyholders in insurance coverage disputes relating to environmental issues, advises on regulatory compliance issues, and assists clients on a variety of climate change and sustainability issues. He also manages the environmental aspects of numerous real estate and corporate transactions and helps clients perform environmental compliance audits at facilities around the world.

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Marcia Mulkey
Of Counsel
Cozen O'Connor

Ms. Mulkey works on a wide range of federal and governmental regulatory matters and environmental issues and related transactions. She delivers insightful and informed advice and services to the firm's clients across a broad range of legal matters. Ms. Mulkey has a special interest in environmental compliance and enforcement, chemical regulation, and matters connected to her recently concluded service with the U.S. Environmental Protection Agency, where she long served as regional counsel for the Mid-Atlantic region along with positions as national director of the offices of pesticides programs, site remediation enforcement, and policy, economics, and innovation.

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Description

EPA has released public guidance on ongoing or new site cleanups and/or site investigations, and the determination as to whether work should continue or be paused is a site-specific determination. States, counties, and municipalities have also issued guidance and/or executive orders that have direct impacts continuing environmental investigations and compliance. EPA and many states also have issued guidance on their approaches to enforcement and enforcement relief during the COVID-19 emergencies. All contain various conditions and expectations for entities that seek relief under their terms.

As companies are faced with having to make critical decision on the fly, environmental attorneys need to understand these federal and state guidance and policies in order to be able to counsel clients on how best to comply with environmental rules and regulations in these challenging times. How do companies comply with regulatory reporting obligations in situations where a company is dealing with a limited work-force? Can site remediation work continue, and if so, how does one deal with limitations in supplies and labor. Do the governing consent decrees, administrative order, or other agreements with state and federal environmental agencies and private parties contain force majeure and other clauses that address work delays.

Listen as our expert panel provides guidance on compliance with state and federal environmental investigations and regulations and how to create best practices during the COVID-19 outbreak to comply with environmental statutes in conjunction with workforce depletion and supply chain issues.

Outline

  1. Overview of COVID-Related Environmental Policies
    1. Federal (U.S. EPA/DOT/OSHA)
    2. States
    3. Local
  2. Impacts on Specific Regulatory Programs
    1. CAA/CWA/Release Reporting
    2. Cleanups (CERCLA/RCRA)
      1. “Essential Businesses”
      2. If work continues, how is it performed safely
  3. Defenses
    1. Force majeure/Model EPA consent decree provisions
  4. Risk for Companies that Rely on COVID Policies
    1. Challenges to EPA/State/Local COVID policies
    2. Citizen suits
  5. Best Practices for Environmental Compliance in a Black Swan Event

Benefits

This panel will review these and other key issues:

  • How to handle environmental spill reporting and compliance
  • The ability to continue Superfund remediation while addressing environmental compliance, labor issues, supply chain
  • When and how to invoke force majeure and delay clauses during COVID-19