“Financial Assurance: Is the Government Asking Too Much?”

American Bar Association
Section of Environment, Energy, and Resources
In-House Counsel Committee

Cosponsored by Section of Litigation, Corporate Counsel Committee
Presents a “Quick Teleconference” program

Program Information

Wednesday, January 26, 2011
11:00 a.m. – 12:30 p.m. Eastern Time / 10:00 a.m. – 11:30 a.m. Central Time
9:00 a.m. – 10:30 a.m. Mountain Time / 8:00 a.m. – 9:30 a.m. Pacific Time

Program Overview:
Companies have long been responsible under RCRA and analogous state law to demonstrate adequate financial resources to close hazardous waste facilities, conduct post-closure monitoring, and clean up contaminated properties. Federal and state agencies have also commonly included financial responsibility requirements in CERCLA orders. Historically, these obligations generally have been satisfied through flexible financial instruments, including insurance, self-insurance and parent company guarantees, bonding, and letters of credit, among others. However, recent litigation along with perceived gaps in existing financial responsibility requirements have prompted agencies to consider whether they should increase the use of financial assurance and apply more stringent requirements. As proof of financial assurance to meet environmental obligations is sought more expansively, the costs of demonstrating financial responsibility could materially increase, and may impose financial hardships on many companies with environmental responsibilities. There is also uncertainty on the interplay of these developments and accounting principles.

This program will explore the growing use of financial assurance to address environmental risks, the balance between environmental accountability and regulatory flexibility, and the financial implications to the regulated community.

Educational Objectives:

  • Developing regulations and policies
  • Financial implications to regulated entities

Marianne Horinko, The Horinko Group, Washington, DC

Bob Casselberry, Environmental Attorney, U.S. Steel, Pittsburgh, PA
Sheila Deely, Senior Counsel-Environmental, Freeport-McMoRan Copper & Gold Inc., Phoenix, AZ
Ray Leclerc, Assistant Deputy Director, Brownfields and Environmental Restoration Program, California Department of Toxic Substance Controls, Sacramento, CA

This program will not offer CLE credit.

There are two ways to participate in this program either attending a host site location or individual dial-in:

Participation at a host site location is free of charge; however, registration with the host site contact is required.

Austin, TX
Brown McCarroll, L.L.P., 111 Congress Ave., Ste. 1400
RSVP: Keith Hopson, (512) 479-9735 or khopson@brownmccarroll.com

Bloomfield Hills, MI
Butzel Long, Stoneridge West 41000 Woodward Ave.
RSVP: Beth S. Gotthelf, (248) 258-1303 or gotthelf@butzel.com

Washington, DC
The Horinko Group, 2300 N Street, NW, Ste. 2130
RSVP: Justin Oberst, (202) 955-6203 or joberst@thehorinkogroup.org

ConferTel Teleconference (Individual dial-in):
If you wish to participate by telephone please register online.

Online registration is encouraged for immediate confirmation and billing receipt. You may also complete this form and fax it to (760) 931-0079. Once your registration and payment have been processed, you will receive a confirmation with the toll-free telephone number and security PIN number sent via e-mail from ConfertTel (Webinars@confertel.net).

The registration fee covers the cost of the phone connection; you are encouraged to have others listen to the program with you. Registration cannot be confirmed until ConferTel receives check or Purchase Order.

*The Section has secured ConferTel to provide conferencing services, including registration, conferencing and payment. Please make checks payable to ConferTel. Questions regarding the teleconference can be directed to ConferTel at (866) 930-4500.

Registration Fee:
Registrations cannot be confirmed until ConferTel receives check or Purchase Order.
Section Members: $80 | Gov't, Academic, or Public Interest: $80 | Other ABA Members: $100 | General Attendance: $110

Law Students:
Complimentary registrations are available for law student groups and environmental law societies. Please contact Julie Connell at Julie.Connell@americanbar.org to secure your registration.

Cancellation Policy:
Paid registrants who are unable to call in to the conference may request a refund less a $30 administrative fee. Substitutions are acceptable.

Late Registration Notice :
Please register early, we cannot guarantee late registrations (day of event).