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LIVE - 21st Annual Environmental Law Conference

Presented by the ISBA Environmental Law Section

Chicago
Thursday, May 11, 2023 – Friday, May 12, 2023
ISBA Regional Office
20 S. Clark Street, Suite 900
Thursday: 9:00 a.m. – 4:30 p.m. (complimentary reception to follow)
Friday: 8:00 a.m. – 12:45 p.m.

11.0 hours MCLE credit, including up to 4.0 hours approved Professional Responsibility MCLE credit (depending on which Breakout Sessions you choose to attend). Professional Responsibility MCLE credit is available in the following categories:
  • 3.0 hours Professionalism, Civility, or Legal Ethics credit
  • 1.0 hour Diversity & Inclusion credit

Don’t miss ISBA’s 21st Annual Illinois Environmental Law Conference!

Once again, this premier conference features annual updates on agency activities and priorities in Illinois and the Region presented by top representatives from the U.S. Environmental Protection Agency, the Illinois Environmental Protection Agency, and the Illinois Attorney General’s Office. In addition, you won’t want to miss the lively two-hour professional ethics session. Attendees will also learn about the latest hot topics in environmental law from leading practitioners, including:
The common provisions, injunctive relief, and compliance plans that may be included in a state Consent Order;
The hot button issues with Environmental, Social, and Governance (ESG) topics;
  • Chad Pegracke, CNN 2013 Hero of the Year, update on river cleanups and riparian lands restoration;
  • The evolving regulatory changes with PFAS;
  • Developments pushing new approaches and changes in natural resource law;
  • Power of purchase agreements for renewable energy projects;
  • The Clean Air Act provisions your client’s need to be aware of;
  • The Issues with the development of alternative energy sites;
  • The U.S. Supreme Court decisions that have altered the environmental law landscape; and
  • Much more!

Who Should Attend: Attorneys at all levels of practice specializing in environmental, natural resources, general practice, municipal, real estate, government, and energy law. Law students and new attorneys in the first five years of practice are invited to participate in our conference mentoring option and will receive an email invitation for mentoring after registering.

Program Coordinator:
Jane E. McBride, Attorney at Law, Springfield
Thank you to our Conference Sponsors!

GHD
Geosyntec Consultants
Environmental Protection Industries
BBJ Group
Hanis Consulting, Inc.
GZA
Hey & Associates, Inc.
Mostardi Platt



Thursday, May 11, 2023

9:00 – 10:30 a.m. Annual Update on Agency Activities and Priorities: Illinois and Region V
The 21st Annual Environmental Law Conference kicks off with a look at the latest initiatives at the state and federal levels as presented by distinguished representatives from the U.S. Environmental Protection Agency, the Illinois Environmental Protection Agency, and the Illinois Attorney Generals’ Office.
Moderator: James L. Morgan, Attorney at Law, Springfield
Matthew J. Dunn, Illinois Attorney General’s Office, Springfield
Charles W. Gunnarson, Illinois Environmental Protection Agency, Springfield
Robert A. Kaplan, U.S. Environmental Protection Agency Region V, Chicago

10:30 – 10:45 a.m. Break (refreshments provided)

10:45 – 11:45 a.m. Breakout Sessions
  • Environmental Enforcement: Penalties, Injunctive Relief, and Consent Orders
After the Section 31 process is completed without a resolution, enforcement cases are referred to the Illinois Attorney General’s Office where negotiation of the terms of a Consent Order will generally be necessary. This panel discusses common Consent Order provisions, the varieties of injunctive relief and compliance plans that may be included in the order, and penalty analysis. Additional topics include the history and purpose of Consent Order provisions and approaches/strategies for resolving cases from the perspective of Illinois EPA, the State’s Attorney’s Office, and defense counsel.
Moderator/Speaker: James L. Morgan, Attorney at Law, Springfield
Michael P. Murphy, HeplerBroom LLC, Springfield
Lisle A. Stalter, Lake County State’s Attorney’s Office, Waukegan

  • Opportunities and Challenges in the New Environmental, Social and Governance (ESG) Frontier: From Theory to Practice
The rapidly changing regulations surrounding Environmental, Social and Governance (ESG) can present business risks, but also opportunities for companies, investors, and other stakeholders. As businesses evaluate their initiatives on sustainability, corporate integrity, responsible investment, and diversity, equity and inclusion to meet investor demands for ESG transparency, legal counsel are being tasked withidentifying risks, managing compliance, tracking global trends in shifting ESG frameworks, and searching for new opportunities that align with emerging ESGprinciples. Join us for this in-depth look at key ESG topics, including environmental incentives in the Inflation Reduction Act, reporting standards in the U.S. and abroad, litigation trends such as “greenwashing” marketing claims, and practical advice for navigating and adding value in an evolving ESG landscape.
Moderator: Matthew Walker, Lathrop, GPM LLP, Chicago
Tanya C. Nesbit, Thompson Hine, LLP, Georgia
Stephanie B. Sebor, Winston & Strawn, LLP, Chicago
J. Michael Showalter, ArentFox Schiff, Chicago

11:45 – 12:15 p. m. Lunch (provided)

12:15 – 1:15 p.m. It Started with One 17-Year-Old: Chad Pregracke – 2013 CNN Hero of the Year
At the age of 17, Chad Pregracke started on a crusade to clean up the Mississippi River. His not-for-profit organization, Living Lands & Waters, was started in 1998 and has evolved to be the only “industrial strength” river organization like it the world with a multi-million dollar operation that includes a fleet of five barges, three towboats, a crane, an excavator, five work boats, two skid steers, and six work trucks. Don't miss this enlightening presentation in which Chad discusses his organization, its river and lands work, and his outlook for future river cleanup and riparian lands restoration. Jim Morgan will introduce the session with a brief presentation on river jurisdictions.
Moderator/Speaker: James L. Morgan, Attorney at Law, Springfield
Chad Pregracke, Living Lands & Water, East Moline
This National Speaker segment is sponsored by:
  • Geosyntec Consultants
  • Reott Law
  • Burke Warren MacKay & Serritella P.C..
  • Lathrop GPM LLC
  • HeplerBroom
  • Webber & Thies, P.C.
  • Eugene Schmittgens
  • James Morgan

1:15 – 2:15 p.m. Breakout Sessions
  • PFAS Update for the Environmental Practitioner: What’s in Store for 2023?
In the literal and figurative sense, per- and polyfluoroalkyl substances (PFAS) are everywhere. Known for their pervasiveness, PFAS have drawn intensifying scrutiny from state and federal legislators, the news media, regulators, and public interest organizations. Illinois legislature imposed a ban on PFAS incineration and firefighting foams, while the Illinois EPA continues to contemplate stringent PFAS groundwater standards. Nationally, the U.S. EPA has ramped up efforts to research, restrict, and remediate PFAS through proposals to designate PFAS as CERCLA hazardous substances, RCRA hazardous waste constituents, and regulated contaminants under the Safe Drinking Water Act. While regulatory efforts progress, plaintiffs’ firms have launched dozens of lawsuits targeting consumer products purported to contain PFAS. This session goes beyond “getting to know PFAS” and offers an in-depth look at these and other recent developments, including a discussion on other notable state and federal actions, the timing and significance of future regulation, remedial technologies, and implications for environmental due diligence.
Moderator: Karen Kavanugh Mack, Burke Warren MacKay & Serritella P.C., Chicago
Eric Hanis, Hanis Consulting, Palatine
Matthew Walker,Lathrop, GPM LLP, Chicago

  • Science and Advocacy Pushing Developments in Natural Resource Law
Gain a better understanding of the developments in national resource law with this informative presentation that explores a number of key topics including: the initiatives of Illinois’ 30 by 30 Conservation Tax Force, the concept of “rewilding” in conservation science, and wildlife killing contests.
Moderator/Speaker: Jane E. McBride, Attorney at Law, Springfield
Francisco J. Santiago-Avila, PhD. Project Coyote & Heartland Rewilding, Wisconsin

2:15 – 2:30 p.m. Break (refreshments provided)

2:30 – 3:30 p.m. Breakout Sessions
  • Renewable Energy and Power Purchase Agreements
A Power Purchase Agreement (PPAs) is a contract between an electricity generator and a customer (which can be a utility, government, or private company), and is critical in enabling renewable energy projects by independent producers. This segment explores the fundamentals of power purchase agreements for renewable energy projects, including the basic terms and conditions of PPAs. A look at how PPAs can help manufacturers and companies achieve their sustainability goals is included, as well as examples of renewable energy projects.
Moderator: Matthew E. Cohn, USG Corporation, Chicago
John T. Dunlop, Foley & Lardner LLP, Wisconsin
R. Lynn Parins, Foley & Lardner LLP, Wisconsin
John Taylor, Acciona Energy, Chicago

  • Illinois’ Challenge to be a Good Neighbor: Regional Ozone Transport and the Federal Good Neighbor Rule
The Clean Air Act’s “good neighbor” provision requires each State Implementation Plan (SIP) to prohibit emissions that will significantly contribute to non-attainment of a National Ambient Air Quality Standards (NAAQS), or interfere with maintenance of a NAAQS in a downwind state. The Act requires EPA to backstop state action by promulgating Federal Implantation Plans (FIPs) if a state fails to submit (or EPA disapproves) a good neighbor SIP. In March 2023, EPA finalized FIP requirements to resolve the pollution transport obligations of 26 states, including Illinois. Despite proposing new nitrogen oxides emissions limitations for many industrial stationary sources, the rule still allows upwind states to contribute substantial amounts of pollution to downwind states. The session presents background information for the rule, a summary of the science, and an update of developments relative to the rule.
Moderator: Jane E. McBride, Attorney at Law, Springfield
Todd E. Palmer, Michael Best & Friedrich LLP, Wisconsin

3:30 – 4:30 p.m. Breakout Sessions
  • Professional Career Development Panel 
    (Professionalism, Civility, and Legal Ethics credit)
Students and newer attorneys are invited to attend this panel presentation that offers an informed perspective on navigating the modern job market in the first years following law school. The speakers, comprised of environmental lawyers from the public and private sectors who are relatively early in their practice, discuss their personal career paths in environmental law, emerging opportunities in the environmental law arena, and tips to achieve your career goals.
Moderator/Speaker: Matthew Walker, Lathrop, GPM LLP, Chicago
Daniel Abrams, Environmental Law and Policy Center, Chicago
Amanda Urban, U.S. Environmental Protection Agency, Chicago

  • Solar and Wind Leasing
The development of alternative energy sites are increasing. Join us for a comprehensive look at the myriad of issues that can arise with these developments, including leasing, zoning, and permitting issues. Additional topics include: choosing the right site, developing on a Brownfield Site, and potential incentives.
Moderator/Speaker: Eugene P. Schmittgens, Rouse Frets White Goss Gentile Rhodes, P.C., Missouri
James R. Griffin, Shain Banks, Chicago

4:30 p.m. Complimentary Networking Reception
Don’t miss this opportunity to mingle among our speakers and your colleagues during this complimentary networking reception.

Friday, May 12, 2023

8:00 – 9:30 a.m. The Year in Review: Case Law and Statutory Update
Don’t miss this comprehensive summary of recent federal and state cases and state regulations, rulemakings, and legislation.
Moderator: Lisle A. Stalter, Lake County State’s Attorney’s Office, Waukegan
Ian E. Cecala, U.S. Environmental protection Agency, Chicago
Alex Garel-Frantzen, ArentFox Schiff LLP, Chicago
Kristen Laughridge Gale, Nijman Franzetti LLP, Chicago
Arielle B. McPherson, Lathrop GPM, LLP, Chicago

9:30 – 9:45 a.m. Break (refreshments provided)

9:45 – 10:45 a.m. Breakout Session
  • U.S. Supreme Court Session: Unpacking West Virginia and Sackett II: Key Impacts for Environmental Practitioners
Join us as our two speakers provide an overview of U.S. Supreme Court decisions West Virginia v. EPA and Sackett v. EPA (Sackett II), unpack the complex issues surrounding these two cases, and explain how these cases may impact environmental regulation going forward.
Moderator: Michael P. Murphy, HeplerBroom LLC, Springfield
Melissa S. Brown, HelperBroom LLC, Springfield
John Sample, Troutman Pepper, Washington, D.C.


  • Implicit/Unconscious Bias 
    (Diversity & Inclusion credit)
This presentation promotes awareness of implicit bias, helps us assess our personal biases and our potential blindspots, and helps us to understand the importance of unconscious associations as they directly relate to diversity in workplaces and in our daily lives.
Moderator: Jane E. McBride, Attorney at Law, Springfield
Shannon Stokes, Illinois Department of Healthcare and Family Services, Chicago

10:45 a.m. – 12:45 p.m. Identifying and Resolving Ethical Issues Arising in Environmental Law
(Professionalism, Civility, and Legal Ethics credit)
This lively two-hour presentation examines various hypothetical scenarios that an environmental law practitioner could face when representing clients involved in generating, treating, transporting, discharging, emitting, or disposing of potential contaminants, and focus on the unique issues in balancing client confidentiality and various statutory/regulatory duties to report. ISBA’s Poll Everywhere software will be used to allow attendees the option of answering multiple choice questions for this interactive segment.
Moderator/Speaker: Lisle A. Stalter, Lake County State’s Attorney’s Office, Waukegan
William J. Anaya, Greensfelder, Hemker & Gale, P.C., Chicago
Scott Renfroe, Illinois Attorney Registration and Disciplinary Commission, Chicago


Please Note: Your registration includes access to electronic PDF course materials only. Please bring a laptop, tablet, or phone to the program - as well as your ISBA login credentials - to access the course materials during this seminar. You may also download or print the materials prior to the seminar. Printed course materials may be purchased when registering for the seminar, but will not be mailed out to you until after the program so that they contain all final handouts.

Purchase Printed Course Materials


By registering for and attending this ISBA event or program I affirm that:
  • I will comply with all state and CDC guidance related to hand sanitation, social distancing, and use of face coverings as appropriate for my vaccination status;
  • If applicable, I will follow more stringent local or venue requirements regarding hand sanitation, distancing, vaccination, testing, and face coverings in place at the location, and at the time of, the meeting.
  • I will not attend the event or program if I have tested positive for COVID-19, am experiencing symptoms of COVID-19, or have been in close contact with someone who has COVID-19. If at any time I begin to experience symptoms of COVID-19, or am in contact with someone experiencing symptoms, I will immediately leave the event or program;
  • I understand that there is an inherent risk of exposure to COVID-19 in any public place or gathering, and that recommended safety protocols continue to evolve. I agree to waive and release any and all claims I, or my guests, may have against the ISBA arising out of or connected in any way with exposure to Covid-19 (and its variants) at the event or program.

Program Information

  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Please Note: MCLE credit is available to registrants only on the day of this live event – and you must attend the entire program to earn MCLE credit. All registrants will receive access to a recording of the event a few days after the program, but credit is NOT available for the recording.
  • An additional $15 fee is charged for registrations on or after Thursday, May 4, 2023
  • From time to time at ISBA CLE events, the ISBA, it’s vendor partners, or others may take photographs or video of participants, attendees, and guests for use in their marketing or promotional materials or news publications. By registering for this event, you are consenting to the use of your, and your guests’, photograph, video-recorded likeness, and name without compensation. Any photographs or video taken will be the sole property of the ISBA or entity taking the photograph.
  • Fees: