May

    Defending Citizen Suit Enforcement of Environmental Laws: Key Questions and Practical Strategies

    12 PM EDT

    AMERICAN BAR ASSOCIATION
    Section of Environment, Energy, and Resources
    In-House Counsel

    PRESENT:
    Defending Citizen Suit Enforcement of Environmental Laws: Key Questions and Practical Strategies

    Thursday, May 26, 2016
    12:00 p.m. - 1:00 p.m. Eastern
    Via teleconference No CLE credit

    Dial-in information will be included in your registration confirmation e-mail.

    Program Overview:

    The Environmental Protection Agency encourages citizens to file enforcement suits through the citizen suit provisions of most major environmental laws. Citizen suits are an increasingly popular strategy for private individuals and non-governmental organizations, both to put pressure on companies and municipalities to improve environmental performance and as a tool to achieve a particular environmental objective. If unable to fend off citizen suit claims, Defendants may be liable for civil penalties, injunctive relief, and attorney’s fees, and more broadly, precedents adverse to regulated parties may be achieved.

    This webinar by two environmental litigators will provide defendants with practical strategies to prevent and overcome environmental citizen suits. Topics addressed will range from what to do if you receive a citizen suit notice letter, how to evaluate and address a citizen’s standing, how to favorably coordinate a citizen suit with an ongoing government enforcement action, and other suggestions to minimize the impact of an environmental citizen suit on one’s business.

    What You Will Learn:

    • How broad statutory citizen suit provisions are used by citizens and non-governmental organizations
    • Practical strategies to prevent private citizens and non-governmental organizations from filing citizen suits
    • How to spot deficiencies with a notice letter and evaluating whether to move to dismiss based on an insufficient notice letter
    • What citizens and citizens’ groups have to allege to support standing
    • How to best position a defendant subject to simultaneous government enforcement actions and citizen suit actions
    • How the nature of violations can make or break a citizen suit
    • The application of the primary jurisdiction and abstention doctrines to environmental citizen suits
    • When to pursue fee awards for plaintiffs and defendants

    Moderator: Sheila Deely, Freeport-McMoRan Inc., Phoenix, AZ

    Presenter: Sarah Albert

    Sarah Albert is a shareholder at the law firm of Beveridge & Diamond, P.C., where she focuses on citizen suit litigation arising under environmental laws and related state common law claims.  She represents clients in state and federal proceedings involving parallel citizen suits and enforcement actions by the United State Environmental Protection Agency and state regulatory agencies.   Ms. Albert has handled citizen suits arising under the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act, and other statutes.  She also has experience in the interplay between citizen suit claims and related state common law tort claims.  Prior to joining Beveridge & Diamond, Ms. Albert worked at the Office of Enforcement and Compliance Assurance of the U.S. Environmental Protection Agency, the Environmental Enforcement Division of the U.S. Department of Justice, and the Army Corps of Engineers.

    Presenter: Jimmy Slaughter

    Jimmy Slaughter is a shareholder in the D.C. Office of Beveridge & Diamond, P.C. and has a national practice in environmental, toxic tort and constitutional litigation, including government enforcement and citizen suit defense. He specializes in cases involving drinking water, wastewater, solid waste and biosolids. Jimmy has tried numerous jury and bench trials and argued cases before many federal and state appellate and trial courts across the country, including the supreme courts of California, the District of Columbia, Pennsylvania and Virginia. He is well known for his success in preemption and commerce clause challenges to discriminatory and burdensome local legislation. Jimmy joined Beveridge & Diamond 25 years ago after serving as a trial lawyer in the Fairfax County, Virginia, Public Defender’s Office. Previously, he clerked for the Honorable James Sprouse of the United States Court of Appeals for the Fourth Circuit after graduating from Columbia Law School and Yale University.

    $20
    NON-MEMBERS
    $20
    MEMBERS
    $0
    SECTION MEMBERS
    Register Now *Additional discounts may apply at checkout

    Log In to view your rate

    Defending Citizen Suit Enforcement of Environmental Laws: Key Questions and Practical Strategies

    Event Details

    Format

    Teleconference

    Date

    May 26, 2016

    2016-05-26T12:00:00-04:00 2016-05-26T13:00:00-04:00 Defending Citizen Suit Enforcement of Environmental Laws: Key Questions and Practical Strategies

    AMERICAN BAR ASSOCIATION
    Section of Environment, Energy, and Resources
    In-House Counsel

    PRESENT:
    Defending Citizen Suit Enforcement of Environmental Laws: Key Questions and Practical Strategies

    Thursday, May 26, 2016
    12:00 p.m. - 1:00 p.m. Eastern
    Via teleconference No CLE credit

    Dial-in information will be included in your registration confirmation e-mail.

    Program Overview:

    The Environmental Protection Agency encourages citizens to file enforcement suits through the citizen suit provisions of most major environmental laws. Citizen suits are an increasingly popular strategy for private individuals and non-governmental organizations, both to put pressure on companies and municipalities to improve environmental performance and as a tool to achieve a particular environmental objective. If unable to fend off citizen suit claims, Defendants may be liable for civil penalties, injunctive relief, and attorney’s fees, and more broadly, precedents adverse to regulated parties may be achieved.

    This webinar by two environmental litigators will provide defendants with practical strategies to prevent and overcome environmental citizen suits. Topics addressed will range from what to do if you receive a citizen suit notice letter, how to evaluate and address a citizen’s standing, how to favorably coordinate a citizen suit with an ongoing government enforcement action, and other suggestions to minimize the impact of an environmental citizen suit on one’s business.

    What You Will Learn:

    • How broad statutory citizen suit provisions are used by citizens and non-governmental organizations
    • Practical strategies to prevent private citizens and non-governmental organizations from filing citizen suits
    • How to spot deficiencies with a notice letter and evaluating whether to move to dismiss based on an insufficient notice letter
    • What citizens and citizens’ groups have to allege to support standing
    • How to best position a defendant subject to simultaneous government enforcement actions and citizen suit actions
    • How the nature of violations can make or break a citizen suit
    • The application of the primary jurisdiction and abstention doctrines to environmental citizen suits
    • When to pursue fee awards for plaintiffs and defendants

    Moderator: Sheila Deely, Freeport-McMoRan Inc., Phoenix, AZ

    Presenter: Sarah Albert

    Sarah Albert is a shareholder at the law firm of Beveridge & Diamond, P.C., where she focuses on citizen suit litigation arising under environmental laws and related state common law claims.  She represents clients in state and federal proceedings involving parallel citizen suits and enforcement actions by the United State Environmental Protection Agency and state regulatory agencies.   Ms. Albert has handled citizen suits arising under the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act, and other statutes.  She also has experience in the interplay between citizen suit claims and related state common law tort claims.  Prior to joining Beveridge & Diamond, Ms. Albert worked at the Office of Enforcement and Compliance Assurance of the U.S. Environmental Protection Agency, the Environmental Enforcement Division of the U.S. Department of Justice, and the Army Corps of Engineers.

    Presenter: Jimmy Slaughter

    Jimmy Slaughter is a shareholder in the D.C. Office of Beveridge & Diamond, P.C. and has a national practice in environmental, toxic tort and constitutional litigation, including government enforcement and citizen suit defense. He specializes in cases involving drinking water, wastewater, solid waste and biosolids. Jimmy has tried numerous jury and bench trials and argued cases before many federal and state appellate and trial courts across the country, including the supreme courts of California, the District of Columbia, Pennsylvania and Virginia. He is well known for his success in preemption and commerce clause challenges to discriminatory and burdensome local legislation. Jimmy joined Beveridge & Diamond 25 years ago after serving as a trial lawyer in the Fairfax County, Virginia, Public Defender’s Office. Previously, he clerked for the Honorable James Sprouse of the United States Court of Appeals for the Fourth Circuit after graduating from Columbia Law School and Yale University.

    Sponsors

    In-House Counsel

    Section of Environment, Energy, and Resources

    Related Products

    Related On-Demand CLE