Rising Up or Run Aground? Updates on the National Flood Insurance Program and Proposed CERCLA Financial Assurance Regulations
12 PM EST
AMERICAN BAR ASSOCIATION
Section of Environment, Energy, and Resources
Environmental Litigation and Toxic Torts Committee
Rising Up or Run Aground?: Updates on the National Flood Insurance Program and CERCLA Financial Assurance Requirements
Friday, February 24, 2017
12:00 p.m. - 1:00 p.m. Eastern
Committee Program Call
Natural and human-made disasters can run up enormous costs for states and private entities alike. With increasingly dramatic weather events and the ever-rising costs of environmental cleanup, environmental attorneys must keep abreast of developments in insurance regulation that affect their clients’ interests and bottom line.
In this one hour call, program participants will get a preview of major upcoming developments for the National Flood Insurance Program (NFIP) and financial assurance requirements under CERCLA. For the NFIP, Molly Lawrence of Van Ness Feldman will discuss both the expiration of the Program in September of this year, and the recent legal clash over the Program’s implementation and the Endangered Species Act in several states around the country, including Washington, Oregon, California, and Florida. Elise Paeffgen of Alston & Bird will address EPA’s newly proposed CERCLA financial assurance regulations, which were drafted for the hardrock mining industry and are expected to set the standard for other major industries thereafter. With the proposed rule’s notice and comment period closing on March 13, 2017, participants can tune in to the call to hear about the financial assurance instruments EPA is considering in the rulemaking—including insurance—and how the proposed regulations might affect CERCLA litigation and settlement negotiations for years to come.Moderated by Jennifer Klein of Kramer Levin, this call is not to be missed.
Molly Lawrence counsels public and private clients in all facets of land use law. Her practice includes helping clients navigate divergent federal, state and local statutes and regulations, including drafting new and revised laws and regulations, and advising clients through the legislative process. Molly has considerable experience permitting medium- and large-scale commercial projects and is adept at developing an overall strategy for taking a proposal from conception through construction. In addition to permitting and legislative work, Molly regularly litigates zoning and permit-related appeals before local governments, the Washington Growth Management Hearings Board, and in state and federal court. Early in her practice, Molly focused her efforts in telecommunications, appearing before dozens of tribunals as part of assisting several wireless telecommunication providers to launch and maintain their wireless networks in the Pacific Northwest. More recently, Molly has developed a specialty helping clients address ongoing changes in the regulations affecting development within floodplains.
Elise Paeffgen is a senior associate in Alston & Bird’s Environment, Land Use & Natural Resources Group. Her practice focuses on environmental enforcement defense; RCRA, CERCLA and SDWA financial assurance; chemicals management; pharmaceutical and hazardous waste; and carbon and CAA mobile source regulation. She represents domestic and international companies across such varied industries as oil and gas; renewable fuel; automotive; construction equipment; pharmaceutical; medical device; and chemical products and pesticides. Elise works closely with the captive insurance industry, providing strategic advice on the use of captive insurance as an environmental financial assurance mechanism.
Jennifer Klein maintains a diverse practice, with an emphasis on complex civil litigation and white collar criminal and regulatory defense. She assists in the representation of corporate and individual clients in connection with criminal and regulatory investigations and litigation. Jennifer dedicates significant time to pro bono matters, including representing low-income clients in criminal court, assisting transgender clients with name-change petitions, and drafting amicus briefs in support of a variety of causes, including environmental protection and reproductive and civil rights.
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Section Member Price: $0
Non-Member Price: $20
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This program will not offer CLE.