November 19, 2019

Conference Materials

Tuesday, November 12, 2019

8:30 a.m. – 9:45 a.m.

EPA’s National Compliance Initiatives: Understanding EPA’s Enforcement Priorities in 2020–2023

Panelists:
John Cruden, Beveridge & Diamond PC, Washington, D.C.
Rosemarie Kelley, Director, Office of Civil Enforcement, U.S. Environmental Protection Agency, Washington, D.C.
Lauren Tozzi, Attorney-Advisor, Air Enforcement Division, Office of Civil Enforcement, U.S. Environmental Protection Agency, Washington, D.C.
Patrick Traylor, Deputy Assistant Administrator, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, Washington, D.C.

“EPA’s National Compliance Initiatives: Understanding EPA’s Enforcement Priorities in 2020-2023”

Slide Deck
Slide Deck

10:00 a.m. – 11:15 a.m.

The Evolution of Environmental Enforcement: EPA Policy, Cooperative Federalism, Monitoring Technology/Citizen Science, and Citizen Suits

Panelists:
Kathleen Johnson, Senior Policy Advisor, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, Washington, D.C.
Aileen Nowlan, Senior Manager, EDF+Business, Washington, D.C.
John Pendergrass, Vice President, Environmental Law Institute, Washington, D.C.
Nancy Stoner, President, Potomac Riverkeeper Network, Washington, D.C.

“The Impact of Citizen Environmental Science in the United States”
“The Right to Know and the Responsibility to Act: Ensuring Environmental Compliance through Inspection, Enforcement and Citizen Science”

11:15 a.m. – 12:30 p.m.

Will EPA’s CERCLA Reform Yield a New Super (fund) Power?

Panelists:
Bonnie Barnett, Drinker Biddle & Reath LLP, Philadelphia, PA
Cyndy Mackey, Director, Office of Site Remediation Enforcement, U.S. Environmental Protection Agency, Washington, D.C.
Thomas A. Mariani, Jr., Chief, Environmental Enforcement Section, U.S. Department of Justice, Washington, D.C.
Mike McLaughlin, Senior Vice President of Environmental Services, SCS Engineers, Reston, VA

Enforcement Discretion Guidance Regarding Statutory Criteria…Memo
2019 Remedial Design/ Remedial Action Memo
Superfund Task Force Final Report
Superfund Task Force Recommendation 16 Summary Findings
Updated Consolidated Guidance on CERCLA Special Accounts Memo
Slide Deck
Slide Deck

1:15 p.m. – 2:30 p.m.

Drawing a Line: When Should Violations of Environmental Law Trigger Criminal Prosecution?

Panelists:
Nadira Clarke, Baker Botts LLP, Washington, D.C.
Brent Fewell, Chairman, Earth & Water Law Group, Washington, D.C.
Mike Fisher, Director, Legal Counsel Division, Office of Criminal Enforcement, U.S. Environmental Protection Agency, Washington, D.C.
Deborah Harris, Chief, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
David Uhlmann, Professor & Director of the Environmental Law and Policy Program, University of Michigan Law School

“Prosecutorial Discretion and Environmental Crime Redux: Charging Trends, Aggravating Factors, and Individual Outcome Data for 2005-2014”

2:30 p.m. – 3:45 p.m.

The Judiciary and Environmental Enforcement: New Precedents, Pending Cases, and Trends in the Courts

Panelists:
Sara Colangelo, Director of the Environmental Law and Policy Program and Adjunct Professor of Law, Georgetown Law, Washington, D.C.
Jennifer Neumann, Assistant Section Chief, Appellate Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
Timothy Sullivan, Principal, Beveridge & Diamond PC, Baltimore, MD

“The Judiciary and Environmental Enforcement: New Precedents, Pending Cases, and Trends in the Courts”

4:00 p.m. – 5:00 p.m.

Closing Keynote Address

Keynote Speakers:
Susan Bodine, Assistant Administrator, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, Washington, D.C.
Jeffrey Clark, Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.