Continuing Legal Education

17th Annual Environmental Law Conference

May 3, 2018 to May 4, 2018
Thurs: 8:45 - 5:00; Fri: 8:30 - 3:30
13.25 MCLE hours, including 4.00 Professional Responsibility MCLE credit hours (PMCLE credit subject to approval)
Presented by Environmental Law

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

 

13.25 hours MCLE credit, including 4.0* hours Professional Responsibility MCLE credit in the following categories: 
    ♦ 2.0 hours Professionalism, Civility, or Legal Ethics MCLE credit
    ♦ 1.0 hour Mental Health and Substance Abuse MCLE credit
    ♦ 1.0 hour Diversity and Inclusion MCLE credit

 

Don’t miss ISBA’s 17th 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 one hour each on mental health and substance abuse and diversity and inclusion. Attendees will also learn about the latest hot topics in environmental law from leading practitioners, including:

  • Addressing the nutrient predicament, Illinois’ most complicated water quality issue;
  • Volkswagen’s emissions scandal and settlement; 
  • Update on coal ash rules, regulations, and citizen litigation;  
  • Revitalization of Illinois EPA’s Brownfields Assistance Program;
  • Issues facing farmers who pursue sustainable and organic objectives;
  • Hydraulic fracturing in Illinois – legal issues and lessons learned;  
  • Emerging ‘contaminants of concern (COCs)’ and related issues;
  • Environmental considerations in real estate and corporation transactions; and
  • Much more!

Who Should Attend: Attorneys specializing in environmental, business, real estate, municipal, government, administrative, and energy law. Law Student ISBA members may attend at no charge via on-site registration, space permitting. Join now at no charge for an electronic membership: www.isba.org/lawstudents

 

 

Program Coordinator/Moderator:
Jane E. McBride, Illinois Attorney General’s Office, Springfield

 

NOTE: 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 3, 2018

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

8:45 – 9:00 a.m.  Welcome and Overview
Kent E. Mohr, Illinois Environmental Protection Agency, Springfield

9:00 – 10:30 a.m.  Annual Update on Agency Activities and Priorities: Illinois and Region V
The 17th 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
Alec Messina, 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: Nailing the Nutrient Predicament: Developments in Addressing Illinois’ Most Complicated Water Quality Issue
    In 2015, the State of Illinois released the Illinois Nutrient Loss Reduction Strategy (NLRS), a framework for reducing nitrogen and phosphorus losses to Illinois waters and the Gulf of Mexico.  This session discusses the conditions that gave rise to NLRS, its implementation, the regulatory efforts and litigation, and the implementation of best management practices by Illinois agriculture.
    Lauren C. Lurkins, Illinois Farm Bureau, Bloomington
    Jorge T. Mihalopoulos, Metropolitan Water Reclamation District, Chicago
  • 1B: Volkswagen’s Emissions Cheating Scandal and Multi-Billion Dollar Settlement
    In 2016, German automobile manufacturers Volkswagen, Porsche and Audi (“VW”) entered into a multi-billion dollar settlement with the federal government stemming from their installation of “defeat device” software in certain “clean diesel” vehicles that circumvented federal tailpipe emission standards, making those vehicles appear cleaner than they actually were. Numerous other lawsuits have since been filed against VW, including consumer class actions, state consumer and environmental protection lawsuits, and litigation abroad. Part of the federal settlement includes the establishment of a $2.925 billion Environmental Mitigation Trust Fund designed to provide funding to states to mitigate excess nitrogen oxide pollution caused by vehicles affected by VW’s illicit software. Illinois, which is also a beneficiary of that trust fund, will administer over $108 million for environmental mitigation projects. This segment provides an overview of the VW litigation in the United States and discusses Illinois’ efforts to administer proceeds from the environmental mitigation trust fund.
    Kent E. Mohr, Illinois Environmental Protection Agency, Springfield
    Angad S. Nagra, Illinois Attorney General’s Office, Chicago

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

12:15 – 1:15 p.m.  Deep in the Challenges of Coal Ash
This presentation offers an update on coal ash issues, including citizen litigation before the Pollution Control Board against both Midwest Generation and City Water Light and Power, the federal coal combustion residuals regulations, the historical background on coal ash regulations in Illinois, as well as the current Pollution Control Board rulemaking.
Moderator: Stephen J. Sylvester, Illinois Attorney General’s Office, Chicago
Faith E. Bugel, Attorney at Law, Chicago
Amy C. Antoniolli, Schiff Hardin, LLP, Chicago

1:15 – 2:15 p.m.  Breakout Session 2

  • 2A: Revitalizing Illinois EPA’s Brownfields Assistance Program
    Gain a better understanding of the loan assistance process, including available funding, eligibility, and other assistance to help local governments address orphaned brownfields and turn blighted sites into economic drivers.
    Moderator: M. Kyle Rominger, Illinois Environmental Protection Agency, Springfield
    Michael J. Charles, Illinois Environmental Protection Agency, Springfield
    Bruce C. Everetts, Illinois Environmental Protection Agency, Springfield
  • 2B: Environmental and Other Regulatory Issues Facing Farm-to-Consumer Producers
    Farmers pursuing sustainable and organic objectives have met legal obstacles. Don’t miss this in-depth look at how environmentally-friendly methods and business practices interface with traditional applicable law.
    Moderator: Angela E. Peters, Buffalo Grove Law Offices, Arlington Heights
    Deb Crockett, Angelic Organics Learning Center, Caledonia
    Susan Israel, Law Offices of Susan Israel, Farm to Consumer Legal Defense Fund, California

2:15 – 2:30 p.m.  Break (refreshments provided)

2:30 – 4:00 p.m.  Breakout Session 3        

  • 3A: Hydraulic Fracturing / Emerging ‘Contaminants of Concern (COCs)’ in the Environment
    2:30 – 3:00 p.m.  Part 1: Hydraulic Fracturing
    The Illinois Department of Natural Resources received its first permit application to conduct a high-volume horizontal hydraulic fracturing operation in White County in May 2017. The permit was issued on September 1 after listening to public comments and conducting a hearing; however, three individuals and a citizen’s group subsequently filed a complaint for administrative review. This segment examines the legal issue that have since come to light, as well as the lessons we have learned from this case.
    Andrew W. Suthard, Illinois Department of Natural Resources, Springfield
    3:00 – 4:00 p.m.  Part 2: Emerging ‘Contaminants of Concern (COCs)’ in the Environment
    This session provides a general overview of the issues and legal developments related to emerging contaminants of concern (i.e., chemicals or other materials that are discovered in the environment, but the risk posed is not fully understood and/or regulated). The discussion also includes an explanation of current research underway at the University of Illinois’ Illinois Sustainable Technology Center and IL-IN Sea Grant on fate, transport, and impacts of emerging contaminants of concern, including nanomaterials, micro-plastics and micro-fibers found in rivers, streams, lakes and even tap water. Other areas covered include research and policy developments into the safe recycling of solar panels.
    Moderator: Karen Kavanagh Mack, Deutsch, Levy & Engel Chtd., Chicago
    Nancy L. Holm, University of Illinois, Illinois Sustainable Technology Center, Champaign
    Sarah A. Zack, University of Illinois Extension, Illinois-Indiana Sea Grant, Chicago
  • 3B: Environmental Considerations in Real Estate and Corporation Transactions
    Get the information you need regarding the various considerations in real estate and corporate transactions, including: scope of contract; how it reflects the transaction and the parties’ risk tolerance; due diligence; allocation of liability; representation and warranties; “as-is” clauses; indemnity and releases; bonafide prospective purchases and adjoining landowner issues; and more.
    William J. Anaya, Greensfelder, Hemker & Gale P.C., Chicago
    Eugene P. Schmittgens, Rouse Frets Gentile Rhodes LLC, Missouri

4:00 – 5:00 p.m.  Breakout Session 4

  • 4A: Energy Law and Policy Update
    Learn how the implementation of PA 99-0906 (The Future Energy Jobs Act), state and federal rulemakings and tariff revisions are affecting power generators and utilities.
    James R. Monk, Illinois Energy Association, Springfield
    Elizabeth Toba Pearlman, Natural Resources Defense Council, Chicago
  • 4B: Time-Limited Water Quality Standards 
    In 2017, a new law created time-limited water quality standards, which is intended to provide greater flexibility in addressing compliance. This presentation discusses the regulatory requirements and process for seeking and obtaining a time-limited water quality standard.
    Moderator: Jorge T. Mihalopoulos, Metropolitan Water Reclamation District, Chicago
    Sara Gianna Tarranova, Illinois Environmental Protection Agency, Springfield

5:00 – 6:00 p.m.  Complimentary Networking Reception
Don’t miss this opportunity to mingle among our speakers and your colleagues! The complimentary networking reception is sponsored by:

  • GHD
  • EGSL, Inc.
  • Hanis Consulting
  • Hey & Associates, Inc.
  • RPS Group


Friday, May 4, 2018

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 federal and state cases and Illinois Pollution Control Board decisions, as well as state regulations, rulemakings, and legislation.
Kenneth G. Anspach, Anspach Law Office, Chicago
Lisle A. Stalter, Lake County State’s Attorney’s Office, Waukegan
M. Kyle Rominger, Illinois Environmental Protection Agency, Springfield

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

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

  • 5A: Emergency Response and Crisis Management
    Prevention and preparedness are keys to mitigating the risk and effects of any environmental crisis.  Join us for a look at compliance counseling and risk mitigation, as well as the coordination of responses to local, state, and federal agencies (including the Occupational Safety and Health Administration).
    Darren J. Hunter, Rooney, Rippie & Ratnaswamy, Chicago
  • 5B: Regulatory Closure vs. Cleanup Order: What Judges Do Not Understand
    This session compares the scope of consent orders issued in conjunction with Section 12 of the Illinois Environmental Protection Act, abatement orders under the federal Resource Conservation and Recovery Act, CERCLA Section 106 unilateral administrative orders, and common law injunctions associated with negligence, trespass, and nuisance.
    William J. Anaya, Greenfelder Hemker & Gale P.C., Chicago
    Matthew E. Cohn, Greenfelder Hemker & Gale P.C., Chicago

11:00 a.m. – 1:00 p.m.  Identifying and Resolving Ethical Issues Arising in Environmental Law*
This lively two-hour presentation examines hypothetical scenarios familiar to environmental practitioners who represent clients involved in generating or handling potential contaminants. The hypotheticals presented involve the corporate lawyer, 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 interactive software, attendees can 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 speakers.
Moderator: Lisle A. Stalter, Lake County State’s Attorney’s Office, Waukegan
William J. Anaya, Greensfelder Hemker & Gale P.C., Chicago
Steven R. Splitt, Attorney Registration and Disciplinary Commission, Chicago

1:00 – 1:30 p.m.  Lunch (provided)

1:30 – 2:30 p.m.  Implicit Bias in the Workplace*
This training session explores the ways we think, work, and lead across differences in workplaces.  The discussion provides attendees with the ability to identify and address biases, while promoting an inclusive workplace, and enable them to gain a deeper awareness for inclusion and learn the strategies to combat miscommunication and misconceptions in their daily interactions in the practice of environmental law.
Dr. Arin N. Reeves, Managing Director and President, Nextions, Chicago

2:30 – 3:30 p.m.  Recognizing, Understanding, and Referring a Colleague in Need*
Recent studies have confirmed that stress in the legal profession disproportionately results in attorneys suffering higher level of depression, anxiety, addiction, and other serious issues than those seen in the general population. Learn the common issues faced by colleagues, the signs and symptoms of those issues, and what to do when you identify a colleague in need.
J. Nelson Wood, Attorney at Law, Mt. Vernon

 

*Professional Responsibility MCLE credit subject to approval