Environmental Law Explored: A Podcast SEERies

Forest law presents a daunting barrier of entry to the uninitiated. Forest law is composed of and delimited by a broad swath of statutes, regulations, and norms, all shaped by a diverse array of stakeholders. The implications of forest management decisions are vast and varied, ranging from the hyperlocal—with decisions concerning timber harvest and wildfire mitigation bearing directly on the continued prosperity and existence of some rural communities—to the planetary, as climate change intensifies and the health of the world's forests grows ever further imperative to slow its most devastating effects. Complicating things further, today, forest law in the U...

Emerging contaminants are by their nature neither fully regulated nor fully understood.

In this final episode of the Emerging Contaminants series Juge Gregg (Crowell & Moring), Sal Giolando (Geosyntec Consultants, Inc.), and Adam Sowatzka (McGuire Woods) discuss how to assess emerging contaminants in your supply chains to identify potential substances that may be subject to further regulation or increase the risks associated with business operations.

This episode explores how companies monitor and manage their supply chains through advanced technologies and strategic practices to prevent regulatory breaches and enhance transparency, ensuring they remain compliant and competitive in...

While we all notice the emissions exiting our vehicle's tailpipes, the emissions from brake dust and tire wear are often overlooked.

Scientists are now turning their attention to these lesser-known pollutants, which are emerging as significant environmental concerns. As studies begin to grasp the extent of such impacts from automotive use on our environment, we discuss how regulation of these materials and emissions may impact our existing regulatory scheme and the auto industry as a whole.

In this fourth episode of the Emerging Contaminants series, Jack Lyman speaks with Professor Greg Evans (University of Toronto...

Pharmaceuticals and personal care products can be found in every home in America, but now they are also showing up in our wastewater systems and even our lakes and rivers.

In this third episode of the Emerging Contaminants series, hear from Professor Bill Arnold (University of Minnesota), Eva Weiler (K&L Gates), and Victor Xu (Marten Law) as they explore how these everyday products are making their way into the environment. The discussion also covers potential regulatory responses, including the possible U.S. ban of titanium dioxide—already prohibited in the EU—and the growing concern over pharmace...

In the second installment of our Emerging Contaminants series, we turn our attention to ethylene oxide, a chemical critical to the sterilization of medical and protective equipment yet increasingly scrutinized for its potential carcinogenic effects due to widespread use and long industrial history.

In this episode, we're joined by Rebecca Pritchett (Maynard Nexsen), Heather Lynch (Integral Consulting), and David Fusco (K&L Gates) to examine the latest developments in ethylene oxide science, regulation, and litigation. Our guests discuss recent findings and interpretations suggesting that human health risks from ethylene oxide exposure may be lower than previously thought—a...

In 2024, key legal and regulatory shifts transformed the ESG landscape across the U.S., Canada, U.K., and EU. In the U.S., the SEC adopted—and later stopped defending—climate disclosure rules, while the Department of Labor's ESG rule faced litigation and Congress advanced anti-ESG bills. At the same time, the EPA began deploying $27 billion under the Greenhouse Gas Reduction Fund, and youth-led climate lawsuits saw major wins.

California's climate reporting laws (SB 253, SB 261, AB 1305) faced challenges but remained in effect, and greenwashing litigation expanded to cover broad corporate ESG claims.

Internationally, the U.K. i...

In the debut episode of our Emerging Contaminants series, we examine the widespread presence of microplastics in our environment, including in human and animal bodies and throughout our food systems. Because microplastics originate from larger plastic products, regulatory efforts have targeted the broader plastic lifecycle: from manufacture, import, and export to use, labeling, recycling, and disposal - with particular attention to single-use plastics.

Join panelists Jennifer F. Novak (Law Office of Jennifer F. Novak), Talia Gordner (McMillan LLP), and Usha Vedagiri (WSP) as they discuss recent developments in plastic regulation, including the United Nations plastics treaty and...

Amy L. Edwards, environmental partner at Holland & Knight, sits down with Lynn L. Bergeson, managing partner at Bergeson & Campbell and editor of Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA. Together they examine how the U.S. Environmental Protection Agency's (EPA) evolving implementation of the 2016 amendments to the Toxic Substances Control Act (TSCA) has reshaped regulatory compliance expectations across the manufacturing and chemical sectors.   The discussion highlights how TSCA's commercial implications—ranging from market access limitations and import controls to supply chain transparency and investor risk—extend well beyond regulatory counsel. With the upcoming PFAS reporting mandat...

In the wake of the Los Angeles fires and amid a growing wildfire crisis, Doug Green, manager of Headwaters Economics' Community Planning Assistance for Wildfire (CPAW) program, joins Andrew Kihn, programming vice chair of the Forest Resources Committee, for a conversation about the L.A. fires, the broader wildfire emergency, and the political and regulatory landscape of wildfire management in the United States. They discuss persistent challenges facing communities in the wildland-urban interface (WUI) and highlight best practices for improving wildfire preparedness in both the built environment and America's forested lands.

Join Tim Kelly (Hausfeld) and Misha Tseytlin (Troutman Pepper Locke) as they unpack the U.S. Supreme Court's landmark decision in City and County of San Francisco v. EPA. The ruling struck down the EPA's use of "end-result" requirements in NPDES permits, ruling that the Clean Water Act (CWA) does not authorize the agency to impose permit conditions that hold dischargers responsible for overall water quality in receiving waters. The decision has significant implications for municipal wastewater treatment, regulatory enforcement, and the scope of the EPA's authority under the CWA.

In this episode, they explore:

The...

The National Environmental Policy Act (NEPA) landscape is shifting fast. With major developments like Eagle County, Marin Audubon, Section 5 of President Trump's Unleashing American Energy Executive Order, and several critical cases on the horizon, the way NEPA is applied and interpreted is set for a major transformation.

Join Susan Jane Brown (Silvix Resources) in a thought-provoking discussion with Ted Boling (Perkins Coie Partner, former member of the Council on Environmental Quality) and Dinah Bear (former General Counsel of the Council on Environmental Quality). Together, they'll break down these pivotal changes, what they mean for environmental policy, and...

In the third episode of the Mill Closures and Workforce Shortages in the West series, Andrew Kihn is joined by Susan Jane Brown, Principal and Chief of Silvix Resources, a nonprofit environmental law firm. Together, they explore the implications of the ongoing workforce challenges on the conservation, stewardship, and restoration of western public lands. The two discuss the often fraught relationship between communities dependent on timber harvest and conservation interests, and Susan Jane Brown elucidates the opportunities and imperatives of coalition building across the divide. 

In the second episode of the Mill Closures and Workforce Shortages in the West series, Andrew Kihn returns, joined by Travis Joseph, President and CEO of the American Forest Resource Council. Together, they delve into the role of land management policies in addressing workforce challenges from the perspective of the timber trade association.

Building on the foundation laid in the first episode, this discussion highlights how policy solutions can mitigate the workforce shortages tied to the ongoing closures of lumber mills in the American West. Travis Joseph provides insights into how these closures impact both the timber...

From the Forest Resources Committee comes a new series, Mill Closures and Workforce Shortages in the West, which examines legal and policy solutions to workforce challenges linked to the alarming rate of lumber mill closures in the American West. These closures have far-reaching implications for regional forest health and economic vitality. Mill owners cite various reasons for shutting down, from global market pressures to regional regulatory hurdles, with one recurring challenge: attracting and retaining a skilled workforce.

In this first episode, Andrew Kihn joins Jesse Wade, economist and director of tax and trade policy analysis for the Na...

This podcast featuring Susan L. Stephens (Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.), Kim Diana Connolly (University at Buffalo School of Law, State University of New York), and Sarah P. Jarboe (English, Lucas, Priest & Owsley, LLP) provides a succinct summary of the history of federal regulation of wetlands under section 404 of the Clean Water Act, outlining the seminal Supreme Court decisions that steered the agency rulemaking and set the stage for the Sackett decision.  The speakers delve into the Rapanos case and subsequent rulemaking, explaining how these developments informed the Supreme Court, led to multiple lawsuits across multiple states, and...

In this episode, Rhys Davies (Kirkland & Ellis International LLP) joins Natalia Urzola (SJD Candidate, Elisabeth Haub School of Law at Pace University) to discuss the Court of Appeal's decision in The Hague, Netherlands, in Shell v. Milieudefensie. The court determined that while Shell has obligations to reduce its scope 3 emissions, it is not required to meet a specific reduction target.

The podcast explores this ruling in the context of existing and upcoming EU regulatory frameworks, including the Corporate Sustainability Reporting Directive and the Corporate Sustainability Due Diligence Directive. It also compares these EU requirements with climate-related regulations i...

In this podcast Steven Ferrey (Suffolk University Law School) and Steve Weissman (Center for Law, Energy & the Environment), two experts in environmental/energy/land use law analyzing what became a legal Rubik's Cube with many different moving pieces to be realigned by attorneys and clients. New policy is changing electric power to move most of the U.S. economy rapidly to utilize electric power in lieu of conventional direct use of fossil fuels for heating, vehicles, and industry. This fundamental transformation occurs amid demands for much more electric power for artificial intelligence, data centers, and cryptocurrency mining, with the...

This new episode focuses on the recent U.S. Supreme Court decision in Loper Bright Enterprises, Inc. v. Raimondo and its impact on administrative law, moderated by Norm Dupont, Of Counsel at Aleshire & Wynder. The discussion features Professor Lisa Heinzerling of Georgetown University Law, a leading scholar in environmental and administrative law, and John Cruden, a Principal at Beveridge & Diamond and former Assistant Attorney General for the Department of Justice's Environment and Natural Resources Division. The panel examines the court's 6-3 ruling, which overturned the long-standing Chevron doctrine, shifting the power of statutory interpretation from agencies to judges, now...

In this podcast, David Rieser (K&L Gates) and Amy Edwards (Holland & Knight) will discuss the challenges and uncertainties of incorporating PFAS compounds into Phase I environmental assessments, including how to detect their presence and manage associated risks in real estate transactions.

Now that EPA has identified two PFAS compounds as hazardous substances, ASTM's most recent Phase I methodology (ASTM E-1527-21) allows environmental professionals to include those PFAS compounds as part of their Phase I assessment. Yet it's not clear how they determine whether PFAS are present or likely present at a property, let alone whether...

In this final episode of the Global Climate Change and U.S. Law series, editor Michael Gerrard will talk with Tracy Hester, Instructional Professor of Law at University of Houston Law Center, and Peter Lehner, Managing Attorney for Earthjustice's Sustainable Food & Farming Program, about engineered methods that remove the pollution before it goes out a smokestack, or that draw it down from the atmosphere; and changed farming methods to reduce agricultural emissions and absorb carbon in plants and soil. This episode will be focused on Part 5, "The Next Legal Frontiers," of "Global Climate Change and U.S. Law 3rd...

Heightened political and investor scrutiny; increasing regulations, lawsuits and government investigations; and numerous employee interests regarding a wide range of ESG issues — all of it amounts to considerable pressure on corporate boards and management to balance the implementation of ESG-related objectives while managing ESG-related risks.

As one example, the SEC's new Climate-Related Disclosure Rules (if they withstand pending legal challenges) will require disclosure about a registrant's climate-related goals that materially affect the registrant's business; meanwhile, companies setting such goals may find themselves the target of political attacks, lawsuits or government investigations. How can boards and management navigate th...

In this second episode of the series Global Climate Change & U.S. Law, editor Michael Burger will talk with chapter authors Sheila Foster, Professor of Urban Law and Policy at Georgetown University, and Alice Kaswan, Professor of Law at University of San Francisco, about local innovation, climate justice, and how to adapt to a climate changed world. This podcast will focus on part 3 of the "Global Climate Change and U.S. Law, Third Edition" book, discussing State and Multistate Climate Action and Local Initiatives. This podcast will also touch on some of the Federal topics presented in part 2 of...

Explore the implications of FERC Order 1920, a pivotal regulation set to reshape the landscape of energy transmission in the United States. This episode will discuss implications of the Order, focusing on enhanced long-term planning and transparency mandates, the integration of state entities in cost allocation processes, and the requirement for transmission providers to consider grid-enhancing technologies. It will also delve into the challenges and opportunities presented by these changes, including how they aim to bolster grid reliability, accommodate future energy needs, and drive the transition to a more resilient and sustainable energy infrastructure. Whether you're an industry insider, policy m...

In the series Global Climate Change & U.S. Law, editors Jody Freedman, Michael B. Gerrard, and Michael Burger explore the pivotal themes in their book Global Climate Change and U.S. Law, Third Edition. In this first episode, Jody talks with chapter authors Tom Lorenzen, a Partner at Crowell & Moring LLP, and Jim Rossi, Professor of Law at Vanderbilt University, about the most important developments in federal climate and energy regulation, including major rules and orders issued or being considered by the EPA and FERC.

Get your copy of Global Climate Change and U.S. L...

Join our esteemed Chairs as they illuminate the most pressing topics and key issues in energy law that will shape the year ahead. From regulatory changes and sustainability challenges to groundbreaking technologies and market dynamics, this introduction to the upcoming energy law series promises a front-row seat to the discussions that matter most to professionals navigating the complex world of energy law. Whether you're a seasoned practitioner or new to the field, 'Energy Insights' offers a unique blend of expert analysis, insider perspectives, and engaging dialogue that you won't want to miss.

Joe Goffman, Principal Deputy Assistant Administrator for Air and Radiation at the U.S. Environmental Protection Agency, and Chuck Knauss, former lead Republican Counsel to the House Energy and Commerce Committee during the 1990 Clean Air Act Amendments, discuss the Office of Air and Radiation's recent accomplishments and its priorities for the coming year.

Jody Freeman, co-editor of the book Global Climate Change and U.S. Law, 3rd Edition, talks with chapter authors Tom Lorenzen and Jim Rossi about the most important developments in federal climate and energy regulation, including major rules and orders issued or being considered by the EPA and FERC. 

To purchase Global Climate Change and U.S. Law, 3rd Edition, please visit the ABA webstore here: https://www.americanbar.org/products/inv/book/427734122/. 

Walter Mugdan discusses his career at EPA, where he began working in 1975 as a staff attorney in Region 2, and subsequently served in various supervisory positions in the Office of Regional Counsel, with Emily Mott, senior associate at Baker Botts LLP and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

Roger Martella discusses his service as General Counsel at the EPA from 2005-2008 with JD Howard, an associate at Morris, Manning, & Martin, LLP and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

In the second of two episodes, Quentin Pair continues a discussion on his career and environmental justice, and shares his thoughts on the future of EPA with Phillip Dupré, a Senior Attorney at the U.S. Department of Justice, ENRD - Environmental Defense Section, and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

In the first of two episodes, Quentin Pair discusses his career, which included serving as senior trial attorney for the Environment and Natural Resources Division of the U.S. Department of Justice for many years and working on environmental justice issues while at the EPA, with Phillip Dupré, a Senior Attorney at the U.S. Department of Justice, ENRD - Environmental Defense Section, and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

With its intricate layers of international, federal, and state protections, environmental law is more established than animal law. In this podcast episode, Glenda Valdez, a recent graduate of Lewis & Clark Law School, interviews Professor Randall Abate, Assistant Dean for Environmental Studies and a Professorial Lecturer in Law at The George Washington University Law School, about the experiences of these two fields and how they can work together to secure mutual gains.

Professor Abate has a distinguished background teaching, writing, and mentoring students for three decades on domestic and international environmental law and animal law topics. He has...

This podcast episode examines key legal and policy issues around the use of prescribed fire to reduce wildfire risk and the ongoing shift away from fire suppression policies to reintroducing fire back onto the landscape. 

Podcast Speakers: Steven Hattenbach is the USFS Forest Supervisor for the Cibola National Forest. Steven is also an attorney and presents for CLE's and trainings on topics regarding wildfire liability. Anthony Martinez is the Fuels Program Manager for the Cibola National Forest and has been Incident Commander on multiple wildfire operations. Both presenters offer a unique senior level management and law/policy p...

Martin Topper discusses his career at the EPA, where he worked from 1987-1996, including serving as National Indian Program Coordinator for over seven years, with Cynthia Harris, staff attorney and Director of Tribal Programs at the Environmental Law Institute and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

John Cruden discusses his career, including his more than two decades, as a senior leader on environment and natural resource matters at the U.S. Department of Justice, with Emily Mott, senior associate at Baker Botts LLP and past member of the Section's Leadership Development Program. This podcast was recorded in late 2020.

In the eighth and final episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns Series, Sarah Morath, Associate Professor at Wake Forest Law, and Megan Baroni, a partner with Robinson+Cole, discuss future litigation trends in the microplastics realm.

This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.

In the seventh episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns Series, Jennifer Novak, an attorney at the Law Office of Jennifer Novak, and Kevin Budris, Advocacy Director at Just Zero, dive into the near-term and future efforts to regulate microplastics in the water, air, and product manufacturing.

This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.

In the sixth episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns Series, Byron Brown, Senior Counsel at Crowell & Moring LLP, explains the current regulatory efforts around microplastics, including safer products, recycling efforts, and single-use plastic bans.

This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.

In the fifth episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns Series, Dr. Scott Coffin, a Research Scientist at the California State Water Resources Control Board, and Catherine Boston, Principal Scientist and Risk Assessor at Roux Associates, investigate the health risks and human health toxicology of microplastics. This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.

In the fourth episode of the Environmental Laws and Regulations for Emerging Microplastics Concerns Series, Dr. Lance Yonkos, Associate Professor of Environmental Science and Technology at the University of Maryland, and Shannon Edmonds, Staff Scientist at Roux Associates, explore the ecological risks and ecotoxicology of microplastics, including in the aquatic and terrestrial systems. This podcast series is moderated by Kevin Minoli and Leland Frost, attorneys with the law firm of Alston & Bird, LLP.