ENVIRONMENTAL & ENERGY LAW SECTION FALL MEETING 2019

COURSEBOOK MATERIALS

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Please note: Tom Johansen of GEI Consultants Inc. will speak instead of Wendy Monterosso and Jordana Kendrott on the final panel.

Full Course Materials
Panel 1
Panel 2
Panel 3
Panel 4
Panel 5
Panel 6
Panel 7
Panel 8
Speaker Bios

“I Fought the Law and the Law Won” – Regulatory Initiatives & Enforcement
Walter Mugdan, EPA Region 2 Update Presentation
Walter Mugdan, EPA Region 2 Update Report
Thomas Berkman, I Fought the Law and the Law Won – Regulatory Initiatives & Enforcement
Lemuel Srolovic, Outline of Cases and Other Materials

“She Blinded Me with Science” – New Technology as a Tool in Environmental Cases
York Analytical Laboratories, Inc. Report and Further Reading

Earth, Wind & Fire, “Got to Get You into My Life” – Cleaner and Cost-Effective Energy
U.S. Department of Energy, 2018 Offshore Wind Technologies Market Report
Mark A. Palmer, So Bright Your Have to Wear Shades: PACE Financing for Solar Panels and Other Alternative Energy Sources
Retail Industry leaders Association, Managed Energy Service Agreements (MESAs)
Local Laws of The City of New York for the Year 2019, No. 97
Natural Resources Defense Council, Putting Your Money Where Your Meter Is: A Study of Pay-For-Performance Energy Efficiency Programs in the United States
E-Capital Insurance Services, Overview of Project Performance Insurance (PPI)
E-Capital Insurance Services, Project Risks and Available Coverage
Richard B. Jones and David R. Tine, Quantifying the Financial Value of Insurance for Energy Savings Projects
Urban Green Council, Blueprint for Efficiency 2018
*New* Marshall Haimson E-Capital Development Presentation
*New* Tetra Tech Offshore Wind Project Support Presentation
*New* Earth, Wind & Fire, “Got to Get You Into My Life” – Cleaner and Cost-Effective Energy Presentation
*New* EDF Renewables, Utility Scale Wind and Solar Project Development – Developer’s Perspective Presentation

“We Built This City on Rock and Roll” (With a Little Help From Our Friends) – Risk Management & Project Financing R.E. Transaction
Frank Piccininni, The Evolving “Nature” of Environmental Risk: A Responsible Approach for Residential and Commercial Real Estate
Jose Almanzar, If You Build it, Will They Come? A Look at the 2018 Congressional Re-authorization of the Federal Brownfields Program and Other Amendments to the CERCLA
Bousquet Holstein PLLC, Lawmakers Reach Deal to Reform NYS Brownfield Cleanup Program (April 2015)
Bousquet Holstein PLLC, DEC Issues Revised Regulations Defining Terms for Purposes of the Brownfield Cleanup Program (March 2016)
Bousquet Holstein PLLC, Tax Credits Available Under the Brownfield Cleanup Program
Philip S. Bousquet, The BCP – A Quick Overview

“I Walked the Line” – Ethics & Environmental Law
While all attorneys must maintain technological competence, for environmental attorneys this goes beyond computer programs and the cloud. Recent rapid changes scientific understanding and environmental regulation make providing competent representation a challenge. This presentation will examine what competence means for an environmental attorney in 2019, and how to render candid advice to clients in the face of scientific and regulatory uncertainty.
NYSBA Committee on Attorney Professionalism on Revision of the NY Standards of Civility, February 2019
Amy Kendall, I Walk the Line Presentation

Monday Keynote Address – Peter Lehner
Keynote Address Handout

Mindfulness Program: “Mohonk State of Mind” (with Thanks to Billy Joel)
Mohonk experts will teach attorneys how mindfulness practices and various techniques can enhance their focus and productivity. In addition, these learning techniques will include lessons onsite with viewing types of trees and geology formations while alleviating stress and enhancing wellness.
4-7-8 Breathing Exercises
Charity Scott, Mindfulness in Law: A Path to Well-Being and Balance for Lawyers and Law Students

“Take Me to the River” – How to Identify a WOTUS
Take Me to the River – How to Identify a WOTUS presentation 
WOTUS 2015 Clean Water Rule Cheat Sheet
The Chazen Companies and Whiteman Osterman & Hanna LLP, WOTUS Regulations Diagram
Redefinition of Waters of the United States
Presentation Documents: NYS DEC Reports and Case Law

“The Big Bright Green Pleasure Machine” a.k.a. Complying with Environmental Law, Testing, and Equipment
Environmental Attorneys have to review data on a daily basis, but few of us have observed how consultants physically obtain samples in the field, and maintain quality assurance protocols, for the data we review every day. During this outdoor interactive session, three consultants will show us the equipment they use to take soil, soil vapor and groundwater samples, and discuss the problems they typically encounter, and how they resolve those issues. In addition, the consultants covering the soil and groundwater environmental media will show us the different techniques they use for emerging contaminant sampling. A summary of the applicable sampling regulations and guidance documents will also be provided.
Linda Shaw, Where are We Headed with PFAS Remediation Standards in New York?
June 2016 Collection of Groundwater Samples for PFOA and PFCs from Monitoring Wells Sample Protocol
April 2018 Groundwater Sampling for Emerging Contaminants
New York State, February 2019 Laboratory Guidance for Analysis of PFAS in Non-Potable Water and Solids
New York State, March 2019 Sampling for 1,4-Dioxane and PFAS Under DEC’s Part 375 Remedial Programs
New York State, June 2019  Sampling for 1,4-Dioxane and PFAS Under DEC’s Part 375 Remedial Programs
NYS Department of Health, Guidance for Evaluating Soil Vapor Intrusion in the State of New York
Soil Vapor & Indoor Air Matrices