Summary
Environmental Law – A Primer for New Energy Attorneys
This primer will provide an overview of environmental law, principally at the federal level. The course begins with a brief overview of
the purpose of environmental law and regulation, and the interplay of federal, state and local laws. Our faculty will then provide an
overview of the key federal environmental laws and their impact on the energy industry. The laws addressed will include the major
statutes (National Environmental Policy Act, Clean Air Act, Clean Water Act, etc.). For each, the faculty will address who regulates, who
is regulated, what is regulated, and how it is regulated. The course will then explain environmental law practice before the relevant
agencies, such as the Environmental Protection Agency, including the rulemaking process and judicial review of the rules and other
final agency actions, citizen suits, and enforcement and related litigation. Finally, we will address environmental law considerations in
project development, system operations, and energy transactions (in particular, how environmental law factors into transaction due
diligence).
This course is intended for new energy lawyers practicing environmental law and energy transaction lawyers who need an overview of
environmental laws and regulations.
CLE pending approval in VA, GA, PA, TX and NY. We expect 6-8 hours of credit.
Agenda
Tuesday, September 29, 2015
Noon – 1:00 pm
LUNCH AND NETWORKING
1:00 pm – 1:15 pm
WELCOME
JAY MORRISON, Primer Dean; Vice President, Regulatory Issues, National Rural Electric
Cooperative Association
1:15 pm – 2:30 pm
OVERVIEW OF ENVIRONMENTAL LAW
An overview of the purpose of environmental statutes and regulation, with a focus on the
interplay of federal, state and local laws and how obligations arise under the various laws.
THOMAS A. LORENZEN, Partner, Dorsey & Whitney LLP
2:30 pm – 2:45 pm
2:45 pm – 4:45 pm
NETWORKING BREAK
KEY FEDERAL & STATE ENVIRONMENTAL LAWS AND THEIR IMPACT ON
THE ENERGY INDUSTRY
An overview of the key federal and state environmental laws and their impact on the energy
industry. In particular, for each major statute, our faculty will address: (i) who regulates, (ii)
who is regulated, (iii) what is regulated, and (iv) how it is regulated.
KEY STATUTES ADDRESSED INCLUDE:
 National Environmental Policy Act
 Clean Air Act
 Clean Water Act
 Oil Pollution Act
 CERCLA
 RCRA
 Endangered Species Act
 Migratory Bird Protection Act
 And more . . . .
Participants should expect to take away a solid understanding of the various environmental
regulatory regimes affecting the energy industry.
THOMAS A. LORENZEN, Partner, Dorsey & Whitney LLP
TODD S. MIKOLOP, Senior Attorney, Hunton & Williams LLP
5:00 pm – 7:00 pm
NETWORKING RECEPTION – HOSTED BY SUTHERLAND ASBILL &
BRENNAN LLP
7:00 pm
DINNER ON YOUR OWN
Wednesday, September 30, 2015
7:30 am – 8:00 am
CONTINENTAL BREAKFAST
8:00 am – 8:15 am
DAY ONE RECAP
JAY MORRISON, Primer Dean; Vice President, Regulatory Issues, National Rural Electric
Cooperative Association
8:15 am – 9:30 am
KEY FEDERAL & STATE ENVIRONMENTAL LAWS & IMPACT ON ENERGY
INDUSTRY (CONT’D)
THOMAS A. LORENZEN, Partner, Dorsey & Whitney LLP
TODD S. MIKOLOP, Senior Attorney, Hunton & Williams LLP
9:30 am – 9:45 am
NETWORKING BREAK
9:45 am – 11:30 am
AGENCY PRACTICE
Our faculty will address the various avenues through which environmental laws and policies are
adopted and made, including:
 Rulemaking processes and judicial review of agency action
 Citizen suits (including “sue and settle”)
 Applicable procedural requirements and substantive standards
Participants will then learn about the various agencies involved in making, implementing
and enforcing environmental laws.
Our faculty will finish with a discussion of the enforcement of environmental laws:
 Tools available to agencies and stakeholders to enforce the laws, including judicial
proceedings
 Potential penalties for non-compliance
THOMAS A. LORENZEN, Partner, Dorsey & Whitney LLP
TODD S. MIKOLOP, Senior Attorney, Hunton & Williams LLP
11:30 am – 11:45 am
NETWORKING BREAK
11:45 am – 1:00 pm
PRACTICAL CONSIDERATIONS IN THE INTERSECTION OF
ENVIRONMENTAL LAWS AND ENERGY
Our faculty will provide practical guidance for energy law and transactional practitioners,
with a focus on:
 Environmental considerations in energy project development (pipelines, electric
generation and transmission, etc.), including permitting and public policy issues
 Overview of environmental issues in energy transactions, including due diligence
considerations
 Overview of operational considerations at energy facilities, including compliance
matters, EMS systems, and incidence response/ reporting
DANIELLA LANDERS, Partner, Katten Muchin Rosenman
1:00 pm – 1:15 pm
CONCLUDING REMARKS
JAY MORRISON, Primer Dean; Vice President, Regulatory Issues, National Rural Electric
Cooperative Association
About the Speakers
Daniella Landers is a partner at Katten Muchin Rosenman
Tom Lorenzen is a partner in Crowell & Moring's Washington, D.C. office and is a member of the Environment & Natural Resources
and Government Affairs groups. Tom works with clients seeking to successfully navigate the federal environmental rulemaking process.
From 2004 until 2013, Tom was an Assistant Chief at the U.S. Department of Justice, where he oversaw the federal government’s legal
defense of all EPA regulations. He directly litigated or supervised many of the seminal Clean Air Act and Clean Water Act cases of the
last two decades, including Massachusetts v. EPA, Coalition for Responsible Regulation v. EPA (decided by the Supreme Court as
UARG v. EPA), EME Homer City Generation v. EPA, and Entergy v. Riverkeeper.
Todd S. Mikolop is a senior attorney at Hunton & Williams. His practice focuses on national environmental and administrative law
issues, with a particular emphasis on water and wildlife related issues. Mikolop advises clients on all aspects of environmental and
administrative law, including permitting, compliance counseling, participating in rulemaking actions, administrative, civil, and
criminal enforcement defense, and litigation.
Jay Morrison is the Vice President of Regulatory Issues at the National Rural Electric Cooperative Association. He works with a staff
of professionals representing NRECA and its members on matters relating to federal and state utility regulation, power supply and
delivery. Since joining NRECA in 1998, Morrison has worked extensively on issues relating to wholesale market design, power supply
and delivery, industry restructuring, renewable energy, energy efficiency, distributed generation, and the smart grid.
REGISTRATION FORM
General Information
Please register the following person for the EBA Primer Series: Environmental Law – A Primer
for New Energy Attorneys to be held on September 29-30, 2015
 PARTICIPANT INFORMATION
Registration
1)
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Register Online at the secure EBA website: www.ebanet.org
FAX your completed registration form with credit
card payment (no checks or money orders) to 202833-5596. Please do not both fax and mail, as this
may result in duplicate charges.
MAIL your completed registration form with
payment to: Energy Bar Association, 2000 M Street,
N.W., Suite 715, Washington, D.C. 20036. *You
may send one check for multiple registrants.
The deadline for receipt of advance registration is
9/18/2015. Conference registrations will only be accepted
when accompanied by a check, money order, government
purchase order/training form or credit card information
and may be limited by the capacity of the facility.
Registrations will not be held without payment.
Cancellation Policy
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 REGISTRATION FEES
Unless otherwise noted, registration fees include all meals, networking breaks, and conference
handouts. *Early Bird registration fees end September 1, 2015. ** Early bird fee is only for EBA
members.
Early Bird
Regular Registration
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$395
$455
Non-Member
$650
$650
Member (Gov’t/Academic/Student)
$150
$175
Non-Member (Gov’t/Academic/Student)
$300
$300
EBA is going green!
Written materials will be emailed before the meeting.
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cancellation policy also applies to registration forms that
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refunds will be given after 9/18/2015. (If cancellation is
requested after deadline and accepted, there will be a
$100 administrative fee). Substitutions are acceptable by
9/18/2015 (non-members substituting for members will
be charged the difference between member and nonmember fees). Please note that regardless of the date the
cancellation notice is received, no refunds will be
processed until after the program.
Meeting Location
Sutherland Asbill & Brennan LLP
999 Peachtree St. NE #2300
Atlanta, GA 30309
Hotel Accommodations
A block of sleeping rooms has been reserved at the Hyatt
Atlanta Midtown for $199. (Single/Double) for the
dates of September 29. To make your reservation, call
the hotel directly at 404.443.1234 by September 15.
Please be sure to mention the EBA when you reserve your
room to secure the special rate.
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Continuing Legal Education
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its own rules and regulations defining “CLE”. For
questions on CLE email [email protected].
*To assume accreditation, the necessary CLE information
must appear on your registration form.
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