Environmental & Energy Litigation


Learn while you’re on the go. Access the Environmental & Energy Litigation Committee’s past recordings on this archive page.

Sound Advice

Hot Topics in Energy Class Action Litigation
Jones Day energy litigator Will Taylor discusses current trends and recent cases relating to oil and gas class action litigation. (13:13 min.)

Artificial Intelligence in the Electricity Industry
Navigant Economics’ Meredith Holmes and Scott Carr discuss the implementation of artificial intelligence in the electricity industry. (9:36 min.)

Superfund Task Force Recommendations: A Summary
Shortly after taking over as EPA administrator, Scott Pruitt convened a task force to provide recommendations for restructuring and streamlining the Superfund cleanup process. Megan Baroni summarizes the 42 recommendations developed by the task force. (12:52 min.)

Tips for Young Lawyers Working with Experts
Litigator Andrew Sawula explains consulting vs. testifying experts, then focuses on best practices for getting the most out of your experts. (8:13 min.)

Federal Jurisdiction over Waters and Wetlands under the Clean Water Act
Parker Moore summarizes the major points in the new proposed rules and shares impressions from the perspective of industry people. (16:00 min.)

What Do Lawyers Need to Know About Fracking?
Resource extraction for transitional fuels such as natural gas is controversial. Fracking expert Erica Levine-Powers discusses the process and its many ramifications. (8:54 min.)

Control of Well Policies
Longtime litigator George Lugrin discusses control of well policies—also known as “blow out” insurance—and traces the history of this specialty line of insurance and how it applies today. (17:41 min.)

Advice on Becoming Go-To Counsel
Longtime general counsel Gregory Brown outlines ways that outside counsel can become the “go-to counsel” for their corporate clients. (11:01 min.)

Clean Air Act Cases Involving the New Source Review Program
Andrew Sawula outlines New Source Review (NSR) cases pending in three separate federal appeals courts. (10:26 min.)

Revisions to Green Marketing Guides from the Federal Trade Commission
Jeanne Barnum outlines new FTC revisions designed to help marketers ensure that their claims are non-deceptive. (7:59 min.)

Defending CERCLA Actions – What is Your Duty?
Jodi Spencer Johnson discusses when the duty to defend these environmental-cleanup actions actually begins. (6:50 min.)



Virtual Depositions, Hearings, and Trial: Practical Realities and Lessons Learned
With the onset of the COVID-19 pandemic, courts, agencies, and lawyers have all been forced to adjust to a new way of conducting business or else risk further slowdowns in the advancement of dockets. The increase in remote proceedings, not limited to status conferences but now including depositions and evidentiary proceedings, has some lawyers wondering whether this is a short-term phenomenon or may become more routine in judicial and administrative proceedings. This Roundtable discusses these issues and reflects on recent experiences, including remote completion of a CERCLA trial that was interrupted by the pandemic. (60:24 min.)

Impacts of COVID-19 on Federal and State Enforcement Actions and Cleanups
Our expert panelists explain the patchwork of emergency orders, and give participants the benefit of their experience navigating the ever-changing landscape of COVID-19 regulations in the environmental context. (66:30 min.)

Superfund Case Law: Year in Review
CERCLA has been around for a while and there's been decades of Superfund litigation that have defined the scope of the statute. Yet Superfund litigation has continued to evolve and it is important that practitioners stay abreast of recent cases. One of the best ways to do that is to listen to what one of the Nation's foremost Superfund attorneys, John Barkett, has to say about Superfund cases that were decided in 2018. John will provide an analysis of those cases in context, as he has been involved with CERCLA from its earliest days and has been on the front lines of CERCLA litigation as an allocator, neutral, common counsel and practitioner. (60:56 min.)


The information on “Sound Advice” is for discussion purposes only and does not reflect the opinions of the ABA. The information is not legal advice nor a substitute for legal counsel.