Federal climate and energy legislation may be the law of the land in the next several months. The Environmental Protection Agency issued the Final Mandatory Reporting of Greenhouse Gases Rule in September, and states and regions are already implementing their own climate and energy regimes. Thus, the basic outlines of the likely future climate and energy regulatory regime are becoming increasingly clear. Yet few understand the complexities of implementing these new legal systems and operating in a climate constrained world.
This seminar series explains the real world impact of the fast moving developments surrounding climate and energy, demystifies the key provisions and negotiating points left before Congress, and uncovers the potential windfalls and pitfalls of this highly complex restructuring of environmental and energy law.
Listen to a 13-part series of 90-minute conversations with those helping to craft this new regulatory regime and those examining it with a critical eye so you can understand what this new landscape will mean for clients and for your future practice.
Each course is priced at $149, but you can save money if you register for the entire 13- part series for only $1299 – that’s over a 30% savings.
Kyle W. Danish, Van Ness Feldman Washington, D.C.
Christopher P. Davis, Goodwin Procter LLP, Boston
Michael B. Gerrard, Director, Center for Climate Change Law and Professor of Professional Practice, Columbia Law School, New York
K. Russell LaMotte, Beveridge & Diamond PC, Washington, D.C.
Chris Locke, Farella Braun + Martel LLP,
San Francisco
Roger R. Martella, Jr., Sidley Austin LLP, Washington, D.C.
Tauna M. Szymanski, Hunton & Williams LLP, Washington, D.C.
William L. Thomas, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, D.C.
Federal Climate Change Program: The Basic Elements
Presented Wednesday, November 4, 2009 Now Available Online
Federal carbon trading is likely to be a cornerstone of climate change legislation. This seminar discusses the nuts and bolts of the trading process and emerging carbon markets. Panelists explain which sectors and facilities will be covered under the cap, which face traditional regulation under the Clean Air Act, and which are exempt. We analyze the differences between allowances, allocations, offsets, and credits, and who will generate, use and trade them, along with the reporting requirements and the agencies that will regulate and oversee this system. The discussion includes a review of these concepts in connection with the Waxman-Markey and Kerry-Boxer legislation that has been introduced in Congress.
Carbon Trading: Allowances and Market Oversight
Presented Tuesday, November 10, 2009 Now Available Online
A federal cap-and-trade system promises to comprise a complex set of laws and regulations. Panelists examine in-depth the issues involved in obtaining and trading U.S. allowances and offset credits and how this new market and regulatory system will function. We discuss what agency or agencies will be given jurisdiction over each of the physical and financial, spot and forward, over-the-counter and exchange-based emissions markets, the emissions markets' interplay with traditional energy commodities and non-energy commodities, and how broader legislative efforts on market manipulation and speculation will impact the carbon markets
Carbon Trading: The Ins and Outs of Offsets
Presented Wednesday, November 18, 2009 Now Available Online
Carbon offsets play an important but controversial role in the cap-and-trade program. This seminar addresses the purpose, creation and trading of offsets, including international and voluntary offsets. We also consider the roles of agriculture and forestry, including reduced emissions from deforestation and degradation (REDD).
Beyond Cap-and-Trade: Regulating Sources, Setting Standards
Presented Wednesday, December 2, 2009 Now Available Online
Federal climate programs go far beyond cap-and-trade. This seminar addresses the methods that EPA and others will likely use under the Clean Air Act, the National Environmental Policy Act, the Endangered Species Act, and other statutes to regulate sources not captured by the cap-and-trade program. Topics include the implementation of appliance standards and building codes under federal and state regimes and the manner in which agencies will coordinate GHG and non-GHG regulations for the same and different sources.
Integrating State, Regional, and Federal Climate and Energy Programs
Presented December 8, 2009 Now Available Online
In the absence of federal leadership, states and regions have begun to develop and implement their own climate policies (including regional emissions trading programs). This seminar discusses the progress of the major regional climate programs and how they might be integrated with a new federal framework.
Understanding Energy in 2010: RECs, CERES, and Beyond
Presented Wednesday, December 16, 2009 Now Available Online
This seminar addresses the proposed federal combined efficiency and renewable energy standards (CERES) in relation to state Renewable Portfolio Standards (RPS) and Renewable Energy Credits (RECs). Speakers will examine the interrelation between carbon allowances, RECs, and offsets, and discuss the fine points of energy efficiency and renewable energy initiatives. Environmental lawyers will learn what they need to understand about energy law to navigate this new world.
The Shape and Ramifications of International Carbon Regulation
Presented Wednesday, January 6, 2010 Now Available Online
Negotiations at December’s United Nations Climate Change Conference in Copenhagen resulted in the Copenhagen Accord. Panelists, some of whom attended the Copenhagen conference, discuss the negotiations that led to the Accord and the steps required for its implementation. They also comment on expectations for a binding treaty and the shape of future international agreements, how the Accord may affect legislation in the Senate, and the implications for federal, regional, and state carbon regimes and international trade, particularly in light of the need to ensure the validity of international offset projects and to control “leakage.”
The Future of Siting and Building Energy Infrastructure
Presented Wednesday, January 13, 2010 Now Available Online
Legislators are proposing new provisions for generating renewable energy and siting new transmission lines. This seminar will review traditional environmental laws like NEPA, the Endangered Species Act, and state land use and preservation laws as they impact new energy infrastructure in terms of the legal and policy implications of a smart grid and distributed electricity generation. Panelists will discuss whether siting facilities to reduce greenhouse gas emissions will worsen local environmental impacts, and how project developers will need to mitigate the risk of litigation and other challenges to “green development.”
Carbon Capture and Sequestration In Practice
Presented Wednesday, January 20, 2010 Now Available Online
For federal cap-and-trade legislation to work as projected by legislators, carbon capture and sequestration (CCS) must become a reality for future coal-fired power plants. This seminar explores the remaining technical issues outstanding for CCS to be implemented and explain the environmental issues practitioners can expect to face in permitting CCS for power plants.
Going Mobile: Regulating Non-Stationary Sources and Fuels
Presented Wednesday, January 27, 2010 Now Available Online
This seminar discusses the practical implications of the new EPA motor vehicle standards and the manner in which trucks, airplanes, ships, off road vehicles, and construction equipment will be affected by carbon constraints. The discussion includes an analysis of the impact that transportation reauthorization will have on the climate debate and vice versa, along with the impact of federal initiatives for renewable and low carbon fuels on the transportation and fuel sectors in light of GHG standards.
Corporate Diligence and Disclosure: Dealing with a Changing Regulatory Environment
Presented Wednesday, February 3, 2010 Now Available Online
The evolving state of climate change policy, growing exposure to litigation, and increasing demands for transparency from stakeholders regarding information on carbon-related risk and opportunity, present particular challenges for transactional due diligence and corporate reporting. This session explores current trends and recent developments, including the U.S. Securities and Exchange Commission’s new interpretive guidance on disclosure, and offer practical guidance on the state of the art in these areas.
Litigating Climate Change
Presented Wednesday, February 10, 2010 Now Available Online
This seminar addresses the implications of federal climate legislation for existing and future common law claims and cases as well as actions under the Clean Air Act, NEPA, Endangered Species Act, and state statutes. In particular, panelists discuss what new litigation is likely to arise from climate and energy reform along with related siting and land use issues.
The Economics of Climate and Energy Policy
Presented Wednesday, February 17, 2010 Now Available Online
Many estimates have been floated for the average cost of likely federal climate and energy regimes, and they differ by 40 fold. This seminar analyzes the real drivers behind these cost estimates and the likely costs and benefits to particular industries. An overview of the economics of climate regulation and the future economic landscape is also provided.
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