16th Annual Environmental Law Conference

May 4, 2017 - May 5, 2017
Thurs 8:45 – 4:30; Fri: 8:30 - 1:00
10.75 MCLE hours, including 2.00 approved Professional Responsibility MCLE credit hours
Presented by Environmental Law

Chicago
ISBA Regional Office
20 S. Clark Street, Suite 900
(map and directions)

 

Don’t miss ISBA’s 16th Annual Illinois Environmental Law Conference!


Once again, this premier conference features annual updates on agency activities and priorities in Illinois and the Region presented by top representatives from the U.S. Environmental Protection Agency, the Illinois Environmental Protection Agency, and the Illinois Attorney General’s Office. In addition, you won’t want to miss the lively two-hour professional ethics session on “Identifying and Resolving Ethical Issues Arising in Environmental Law” and a new plenary session on “Carbon-Sequestration Technology.” Attendees will also learn about the latest hot topics in environmental law from leading practitioners, including:

  • The evolving regulation of lead in drinking water;
  • Federal, state, local, private, and non-profit sector response to the legal and political dynamics of carbon;
  • Watershed-level pollution reduction strategies;
  • The public and private rights of Lake Michigan shores;
  • Understanding how pharmaceuticals and personal care products are contaminating the environment and the legal developments surrounding this issue;
  • How two recent federal developments may impact the management of hazardous materials and chemicals;
  • What to do after buying an environmentally-impacted property;
  • The ongoing issues with “TheClean Water Rule and the “waters of the United States”;
  • Techniques to enforce the RCRA air emission standards; and
  • Much more!

Who Should Attend: Attorneys specializing in environmental, business, real estate, and energy law; in-house attorneys and environmental managers; environmental consultants; government regulators and decision-makers; academics; and law students.

 

Program Coordinators:
Andrew B. Armstrong
, Illinois Attorney General’s Office, Springfield
Jane E. McBride, Illinois Attorney General’s Office, Springfield

 

NOTE: Beginning in 2017, your registration includes access to electronic course materials that will be sent to you via email prior to the seminar. Printed course materials may be purchased for a nomial fee via the registration page.

 

Agenda

Thursday, May 4, 2017

8:00 – 8:45 a.m.  Complimentary Continental Breakfast

8:45 – 9:00 a.m.  Welcome and Overview
Emily N. Masalski
, Rooney Rippie & Ratnaswamy LLP, Chicago

9:00 – 10:30 a.m.  Annual Update on Agency Activities and Priorities: Illinois and Region V
The 16th Annual Environmental Law Conference kicks off with a session on the latest initiatives on the state and federal levels as presented by distinguished representatives from the U.S. Environmental Protection Agency, the Illinois Environmental Protection Agency, and the Illinois Attorney General’s Office.
Moderator: Jane E. McBride, Illinois Attorney General’s Office, Springfield
Matthew J. Dunn, Illinois Attorney General’s Office, Springfield
John J. Kim, Illinois Environmental Protection Agency, Springfield
T. Leverett (Rett) Nelson, U.S. Environmental Protection Agency, Region V, Chicago

10:30 – 10:45 a.m.  Break (beverages provided)

10:45 – 11:45 a.m.  Breakout Session 1

  • 1A: The Evolving Regulation of Lead in Drinking Water
    Following the crisis in Flint, Michigan, lead in drinking water has become a prominent focus of both federal and state regulators. This panel discussion examines recent developments in regulations impacting drinking water supplies across Illinois, including recently-enacted State legislation requiring testing in schools.
    Moderator: Andrew Armstrong, Illinois Attorney General’s Office, Springfield
    Justin DeWitt, Illinois Department of Public Health, Springfield
    Kyla Jacobsen, City of Elgin Water Department, Elgin
    Kathryn Pamenter, Illinois Attorney General’s Office, Chicago
  • 1B: Clean Power Plan: What’s Next?
    While legal challenges to the Obama Administration’s legacy “Clean Power Plan” regulating power plants greenhouse gas emissions (GHG) are fully briefed and awaiting decision in the D.C. Circuit U.S. Appellate Court, President Trump has vowed to repeal the rule as a whole. At this new juncture, uncertainty abounds for all players. This segment discusses both the legal and political dynamics of this issue, including: What are the next steps in the West Virginia v. EPA litigation? Will the U.S. maintain its commitment to the historic 2015 Paris Accord on Climate Change under the Trump Administration? Will greenhouse gas remain a regulated pollutant and how will it be addressed? What are the prospects for a carbon tax and how would that work? And much more.
    Moderator: Patricia F. Sharkey, Environmental Law Counsel, P.C., Chicago
    John J. Kim, Illinois Environmental Protection Agency, Springfield
    Douglas P. Scott, Great Plains Institute, South Beloit
    Prof. Mark N. Templeton, Abrams Environmental Law Clinic, University of Chicago, Chicago

11:45 a.m. – 12:15 p.m.  Lunch (provided)
Lunch sponsored by:

  • Apex Companies, LLC
  • Roux Associates, Inc.
  • Hey & Associates, Inc.
  • Hanis Consulting

12:15 – 1:15 p.m.  Plenary Session: Carbon-Sequestration Technology
Among the significant projects underway at the Illinois Sustainable Technology Center in Champaign is their multimillion dollar partnership with industry to develop a practical carbon-sequestration technology. Join us as Kevin O’Brien – ISTC’s new Director – highlights the Center’s current and ongoing work.
Moderator: Phillip R. Van Ness. Webber & Thies, P.C., Urbana
Kevin O’Brien, Illinois Sustainable Technology Center, Champaign

1:15 – 2:15 p.m.  Breakout Session 2

  • 2A: Watershed-Level Water Quality Regulation
    In recent years, significant attention has been given to watershed-level pollution reduction strategies in an effort to address some persistent water quality issues. These strategies offer the possibility of cost-effective regulation of both point and non-point sources, but looking at water quality over a large area also creates a risk of allowing “hot spots” of unaddressed pollution. This segment explores several watershed-level strategies and regulations that have been proposed (or are actually being implemented) in Illinois, as well as their benefits and potential drawbacks.
    Moderator: Jorge T. Mihalopoulos, Metropolitan Water Reclamation District, Chicago
    Fredric P. Andes, Barnes & Thornburg LLP, Chicago
    Cindy Skrukrud, Illinois Chapter, Sierra Club, Chicago
  • 2B: X%&$!! or High Water: Public and Private Rights on the Lake Michigan Shore
    With rising water levels and more storm surge events, is Lake Michigan reclaiming its historic lakebed? Beaches are disappearing, while public/private seawalls, weirs, and shore hardening is proliferating. This session examines a number of public and private rights issues regarding the Lake Michigan Shore, including: the law governing ownership and activities on the Lake Michigan shore in Illinois and the neighboring states; the intersection between public and private right; accreted and filled land ownership; understanding how the public trust doctrine is implicated; and the role federal, state and municipal governments play in coastal zone protection.
    Moderator: Patricia F. Sharkey, Environmental Law Counsel, P.C., Chicago
    Bertram C. Frey, U.S. Environmental Protection Agency, Region V, Chicago
    Jeffrey B. Hyman, Conservation Law Center, Indiana
    Jeffrey P. Smith, Law Offices of Jeff Smith, Evanston

2:15 – 2:30 p.m.  Break (refreshments provided)
Sponsored by the Illinois Bar Foundation

2:30 – 3:30 p.m.  Breakout Session 3

  • 3A: Pharmaceuticals and Personal Care Products: Emerging Contaminants of Concern
    Don’t miss this comprehensive overview of the issues and legal developments related to PPCPs as emerging contaminants of concern. Topics include: an explanation of new regulations and laws related to PPCPs; the University of Illinois’ current research; research at the Illinois Sustainable Technology Center (ISTC); how PPCPs impact large animal feeding operations; programs aimed at educating health care professionals on the need to tell patients about proper disposal of unwanted medicines; the recent efforts of the Metropolitan Water Reclamation District of Greater Chicago to help prevent pharmaceutical products from entering the Chicago Area Waterway System, including its partnership with the Cook County Sheriff’s Office for the expansion of its Prescription Drug Take-Back Program; and the Cook County Safe Disposal of Pharmaceuticals Ordinance (#16-1983) that was recently passed in October of 2016.
    Moderator: Karen Kavanagh Mack, Deutsch Levy & Engel Chtd., Chicago
    Brendan J. Daily, Metropolitan Water Reclamation District, Chicago
    Mary Hendrickson, McKesson, Aurora
    Nancy Holm, Illinois Sustainable Technology Center, Champaign
  • 3B: Federal Developments: Definition of “Solid Waste” and The New Toxic Substance Control Act Amendments
    Two recent federal developments will impact the management of hazardous materials and chemicals. First, in 2015, US EPA modified the Definition of Solid Waste rule under the Resource Conservation and Recovery Act, finalizing new safeguards to promote responsible hazardous secondary materials recycling. Second, in 2016, Congress approved amendments to the Toxic Substances Control Act (“TSCA”). The passage of the law is the first time since TSCA’s enactment in 1976 that Congress has substantively reformed TSCA. The new legislation, the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (“H.R. 2576”), requires the US EPA to further limit the risk of injury to human health and the environment caused by the importation, production, distribution, use, and disposal of chemical substances. The law is a compromise between two separate bills introduced in the House and Senate in 2015.
    William J. Anaya, Greensfelder Hemker & Gale P.C., Chicago
    Robert M. Peachey, U.S. Environmental Protection Agency, Region V, Chicago

3:30 – 4:30 p.m.  Breakout Session 4

  • 4A Part 1 – You Bought It! An Environmentally-Impacted Property Post-Closing
    In Part 1 of this segment, our panel of seasoned, venerable environmental transaction attorneys gives you an in-depth look at the immediate steps to be taken upon closing on an environmentally-impacted property.
    4A Part 2 – Environmental Law 101: Negotiating the Real Estate Contract and Provisions Concerning Environmental Considerations
    Part 2 offers a basic primer on negotiating a real estate contract, with special emphasis on environmental provisions. Any attorney involved in real estate transaction will benefit from this discussion.
    William J. Anaya, Greensfelder Hemker & Gale P.C., Chicago
    Raymond T. Reott, Reott Law Offices, LLC, Chicago
    Eugene P. Schmittgens, Evans & Dixon, Missouri
  • 4B: Waters of the United States: Where Do We Stand?
    The Clean Water Act regulates discharges to “navigable waters” defined as “waters of the United States.” More precise definition has been elusive and controversial. The U.S. Supreme Court has weighted in through a series of opinions. The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency then promulgated the Clean Water Rule. President Trump has since ordered the agencies to rescind or revise the rule. The agencies now are considering a definition consistent with Justice Scalia’s opinion in Rapanos. At stake is the reach of the Clean Water Act. What flows from here? This presentation explores the murky waters of WOTUS.
    Moderator: Jennifer A. Burke, Illinois Pollution Control Board, Chicago
    Timothy S. Bishop, Mayer Brown, Chicago
    Jen Sorenson, Natural Resources Defense Council, San Francisco

4:30 – 5:45 p.m.  Complimentary Networking Reception
Don’t miss this opportunity to mingle among our speakers and your colleagues! The complimentary reception networking reception is sponsored by:

  • Apex Companies, LLC
  • Roux Associates, Inc.
  • Hey & Associates, Inc.
  • Hanis Consulting

Friday, May 5, 2017

8:00 – 8:30 a.m.  Complimentary Continental Breakfast

8:30 – 10:00 a.m.  The Year in Review: Case Law and Statutory Update
Don’t miss this comprehensive summary of recent state, federal, and Illinois Pollution Control Board cases, regulations, rulemakings, and legislation.
Kenneth G. Anspach, Anspach Law Office, Chicago
Claire A. Manning, Brown Hey & Stephens LLP, Springfield
Kent E. Mohr, Jr., Illinois Environmental Protection Agency, Springfield
Lisle A. Stalter, Lake County State’s Attorney’s Office, Waukegan

10:00 – 10:15 a.m.  Break (beverages provided)

10:15 – 11:00 a.m.  Breakout Session 5

  • 5A: Wastewater Treatment and Stormwater Management in the 21st Century: A Look at the Evolving Regulatory Landscape through the Experiences of the Country’s Largest POTW
    The Metropolitan Water Reclamation District of Greater Chicago (“MWRD”) is a publicly-owned treatment works (“POTW”) that serves over five million people throughout an 883- square-mile service area, which includes the city of Chicago and 128 suburban communities. In its role as a POTW, the District treats approximately 1.4 billion gallons of wastewater per day at its seven water reclamation plants, one of which is the largest in the world. This presentation examines recent regulations and litigation impacting the wastewater treatment operations of the MWRD and other POTWs. The MWRD’s stormwater management initiatives (including its recently adopted Watershed Management Ordinance, which imposes permit requirements on certain types of real estate development in Cook County) is also discussed.
    Jorge T. Mihalopoulos, Metropolitan Water Reclamation District, Chicago
  • 5B: National Enforcement of RCRA Air Emission Standards
    U.S. EPA selects national enforcement initiatives every three years in order to focus federal resources on important environmental problems. One of U.S. EPA’s Fiscal Year 2017-2019 National Enforcement Initiatives expands on a previous initiative, Cutting Toxic Air Pollution, to include hazardous waste facilities. As a result, the expanded initiative entails enforcement of organic air emission standards under the Resource Conservation and Recovery Act. Get the information you need to advise your clients on this important topic.
    Ignacio L. Arrazola, U.S. Environmental Protection Agency, Region V, Chicago

11:00 a.m. – 1:00 p.m.  Identifying and Resolving Ethical Issues Arising in Environmental Law*
This lively two-hour presentation examines various hypothetical scenarios familiar to environmental practitioners who represent clients involved in generating, treating, transporting, discharging, emitting, or disposing of potential contaminants. The hypotheticals presented involve the corporate lawyer, the government lawyer, and outside counsel. Among other ethical issues, the scenarios focus on the unique issues faced by environmental lawyers in balancing client confidentiality and various statutory/regulatory duties to report. Using the ISBA’s polling software, the audience will respond to a set of multiple choice questions, followed by a discussion weighing the various analyses and possible solutions with the aid and advice of our esteemed ARDC speaker.
Moderator: Lisle A. Stalter, Lake County State’s Attorney’s Office, Waukegan
William J. Anaya, Greensfelder Hemker & Gale P.C., Chicago
Scott Renfroe, Attorney Registration and Disciplinary Commission, Chicago