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SEER Essentials: Emerging Trends in Litigating RCRA Citizens Suits


Level: Advanced
Runtime: 92 minutes
Recorded Date: September 17, 2019
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Agenda

- RCRA Endangerment Suits
        -The Basics
        -Imminence
        -Rising Tide
        -Air Emissions
        -Earthquake Activity
        -Future Vapor Intrusion
        -Climate Change
- RCRA Citizen Suits and Coal Ash
        -Coal Ash Basics
        -RCRA Citizen Suits So Far
        -The Coal Ash Rule and Enforcement
        -Looking Forward
- Takeways

Runtime: 1 hour and 32 minutes
Recorded: September 17, 2019

Description

The availability of the RCRA citizen suit claims to address a variety of environmental hazards that may pose an “imminent and substantial endangerment to health or the environment” has led to increased use of the courts to decide whether and how to regulate those hazards. This has led to novel uses of RCRA Section 7002 to address releases to the environment. From climate change and workplace hazards to unregulated contaminants of emerging concern, there is a broad range of environmental issues that can be subject to citizen suit litigation.

This program will feature attorneys who have litigated from both the plaintiffs' and defendants' perspectives on a variety of RCRA citizen suits. Panelists will highlight recent litigation and particular hurdles plaintiffs may face.

This program was recorded on September 17th, 2019.

Provided By

American Bar Association

Panelists

Leslie Griffith

Associate Attorney
Southern Environmental Law Center

Leslie Griffith is the Associate Attorney at the Southern Environmental Law Center.

J. Chad Mitchell

Attorney
Summit Law Group

Chad has extensive experience handling complex commercial disputes, and advises on environmental matters both foreign and domestic. Chad has tried cases in state and federal courts, and before international tribunals. He joined Summit Law Group from Kirkland & Ellis LLP in Chicago.

Henry J. Drapalski III

Senior Associate
Norton Rose Fulbright LLP

Joseph Drapalski is a senior associate in the environmental practice group in Norton Rose Fulbright's Los Angeles office. He focuses his practice on environmental law, including environmental litigation, state and federal Superfund, enforcement, compliance counseling, remediation, and transactional matters.

Joseph's litigation practice involves CERCLA cost recovery and contribution, natural resource damages, groundwater and sediment contamination lawsuits, and environmental citizen suits. In addition to his litigation experience, Joseph handles a wide range of regulatory and compliance matters focusing on federal and state Superfund, the National Contingency Plan, Clean Water Act, RCRA, CEQA, NEPA, and environmental aspects of business transactions.

Maureen Mitchell

Partner
Fox Rothschild LLP

Maureen Mitchell is a partner at Fox Rosthschild, LLP. She provides practical advice on working with federal and state regulatory agencies in enforcement and compliance matters, as well as on worker health and safety concerns. Specific areas of focus include public lands, mining, redevelopment of contaminated sites and Indian law, including protection of natural resources and treaty rights. In addition to environmental litigation, Maureen has an extensive background in dispute resolution, commercial litigation and arbitration. She also has experience in international law and works with Russian-speaking clients in their native language.

Ame Wellman Lewis

Partner
Davis Wright Tremaine LLP

Ame Lewis partners with clients to find pragmatic and right-sized solutions to complex environmental issues. She brings expertise to a wide range of mergers and acquisitions and real estate transactions, where her work encompasses environmental due diligence, identification and analysis of environmental liabilities, negotiation of indemnity agreements and other contractual provisions, procurement of environmental insurance, and guidance on business transition issues.

Ame also provides ongoing counsel to businesses on matters of regulatory compliance and permitting. She advises her clients on remediation of contaminated properties, acting as a liaison in their interactions with environmental consultants and regulatory agencies. Ame brings particular industry knowledge to all stages of food production and manufacturing, from agriculture to restaurants, and from real estate development and traditional manufacturing to telecommunications. She has experience managing environmental issues for large real estate portfolios.

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