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The conversation looks back at pioneers like Rachel Carson and Jane Goodall, and celebrates SEER trailblazers Sheila Hollis, Brenda Mallory, Alex Dunn, and Mary Nichols. Claudia then traces her own path from environmental science into cybersecurity, unpacking recent attacks on water infrastructure and the double-edged role of agentic AI in strengthening — or breaching — our cyber defenses.

The episode closes with reflections on how far women's representation in science and law has come, and the lasting value of mentorship within the SEER community.

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This episode traces a century of environmental enforcement, from early common-law nuisance claims to today's sprawling statutory framework of the Clean Air Act, Clean Water Act, and CERCLA. Drawing on his experience across government and private practice, Mr. Kim discusses how landmark matters like the East Palestine train derailment and the Jackson, Mississippi water crisis shaped his "principled, practical, problem-solving" approach, and looks ahead to the challenges reshaping the field, including climate change litigation, PFAS contamination, environmental justice, and the growing role of AI in compliance and monitoring.

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The definition of WOTUS has evolved through a combination of agency action and Supreme Court decisions, including Rapanos v. United States, and Sackett v. EPA (2012) (Sackett I ). These decisions have shaped how the agencies interpret jurisdiction, particularly with respect to wetlands. The split Rapanos decision introduced competing analytical frameworks, further contributing to longstanding uncertainty.

In this episode, Professor Royal Gardner will provide a high-level overview of these developments, placing recent changes in context and offering insight into the current and future scope of federal jurisdiction under the CWA.

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Drawing on his experience arguing before the U.S. Supreme Court and advising policymakers across multiple administrations, he explores the challenges of applying decades-old laws to modern issues such as climate change, the impact of recent Supreme Court decisions, and the opportunities ahead for the next generation of environmental lawyers. He also examines how regulatory agencies, courts, and Congress have shaped the trajectory of environmental protection and what those dynamics mean for the future of environmental law.

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Keep the conversation going. Join SEER

This podcast featuring Murray Feldman (Holland & Hart LLP) and Sam Kalen (Indiana University McKinney School of Law) examines the evolving legal and regulatory landscape surrounding the Endangered Species Act (ESA). Drawing from decades of experience in government, private practice, and academia, as well as their book, ESA Essentials: The Endangered Species Act, the speakers provide listeners with a practical overview of the ESA's core framework, including species listings, critical habitat designations, and the Section 7 consultation process.

Tune in for an insightful conversation on where the ESA has been, the challenges it faces today, and what may lie ahead for one of the nation's most consequential environmental laws.

For more from these speakers, see ESA Essentials: The Endangered Species Act, published by the American Bar Association.

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 a global marketplace.

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) and Sean Dixon (Puget Soundkeeper) as they explore the role of contaminants like 6PPD and what future regulations might mean for the automotive sector.

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 pharmaceuticals and nanoparticles from personal care items polluting our waterways.

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 perspective that continues to generate scientific, legal, and policy debate.

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. introduced mandatory Biodiversity Net Gain rules, the EU implemented the CSRD and CSDDD, and Canada passed a new Modern Slavery Act. Together, these changes mark a global move toward greater corporate transparency and environmental accountability.

Join Josh Galperin, professor at the Elisabeth Haub School of Law, in conversation with Lauren Lynam and Morgan Martin as they unpack the year's most significant ESG legal developments across the U.S. and beyond.

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 efforts in the European Union and Canada, and share insights into what may lie ahead for the United States.

In this episode, they explore:

• The legal reasoning behind the Court's decision, including highlights from the majority and dissenting opinions

• The implications for municipal wastewater treatment plants, particularly those operating combined sewer systems

• How the decision impacts the EPA's regulatory powers and enforcement strategies

• What this means for the future of Clean Water Act litigation and the evolving role of state environmental agencies

Whether you're a legal practitioner, environmental policy expert, or simply interested in water law, this episode offers valuable insight into a pivotal case reshaping federal environmental regulation.

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 how NEPA's role may evolve in the years ahead.

Don't miss this essential conversation for legal professionals, policymakers, and anyone invested in the future of environmental law.

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 industry and the broader regional economy, offering actionable approaches to support sustainable forest management and workforce retention.

In this first episode, Andrew Kihn joins Jesse Wade, economist and director of tax and trade policy analysis for the National Association of Home Builders, to explore the economic and policy landscape driving these issues.

For the latest jurisdictional announcements, visit https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/juris_info/.

For more content from these speakers, get their book Wetlands Law and Policy: Understanding Section 404, Second Edition.

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 in other jurisdictions and examines the broader implications for global businesses.

Join Rhys Davies and an expert panel at the ABA CLE Webinar, "Corporate Climate Reporting Requirements: A Fast-Changing Landscape," on Tuesday, December 10, 2024, from 12:00 to 1:30 PM CST. Don't miss this insightful discussion on the evolving landscape of corporate climate reporting.

Register here: Corporate Climate Reporting Requirements: A Fast-Changing Landscape

French President Macron warned the U.S. Congress: "We're killing our planet. Let us face it. There is no Planet B." As the United States now rapidly responds to move to clean energy to power our future, in mid-2024 the Supreme Court fundamentally altered legal options:

• Creating a new major questions doctrine fundamentally reducing presidential power particularly related to energy, clean air, and climate;
• Critically "overruling" the most cited Supreme Court decision in the last 50 years, which also involves the environment
• Eliminating the ability of certain federal agencies enforcing laws to impose civil fines; and
• Extending dramatically the statute of limitations to challenge federal regulations affecting environment/energy/land-use (renewable electricity is less dense and requires five to ten times as much land as conventional generation of electricity)

This podcast provides a user-friendly road map through this fast-realigning legal maze, and for those interested this podcast is backed up by a new ABA book (Powering the Future: A Lawyer's Guide to Clean Energy) containing all precedent and providing state-by-state charts analyzing barriers, legal differences, and how lawyers may take advantage of achievable workarounds region-by-region.

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 that presence is the result of a past or threatened release.

On the one hand, PFAS can be associated with certain locations, such as airports which used firefighting foam and certain industries such as manufacturers producing non-stick material and products. At the same time, PFAS have been found in surprising places with no clearly identifiable sources, such as Antarctica. While Phase Is are always more art than science, the level of uncertainty around PFAS makes the process especially fraught. Buyers and sellers will have to decide whether this is an issue they want addressed and consultants will be concerned about their risks of addressing or not addressing PFAS. These choices may affect the ability of the buyer to assert an innocent landowner or bona fide purchaser defense to a CERCLA claim regarding the costs to address PFAS. Unscrupulous parties may look to take advantage of the uncertainty to obtain favorable leverage and unscrupulous consultants may use the uncertainty to sell unnecessary services.

In short, this is a good time to hear from experts in Phase I requirements and nuances. Amy Edwards has participated in the ASTM Phase I process from the beginning, has a wealth of environmental transactional experience and has read more Phase Is than she cares to admit. David Rieser is an experienced environmental attorney and has written extensively on transactional issues. Together they intend to talk through the PFAS issues in Phase Is in the hope of finding useful approaches to deal with these thorny issues.

Get your copy of Global Climate Change and U.S. Law, Third Edition here: Global Climate Change and U.S. Law, Third Edition (americanbar.org)

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 these often diverging objectives while staying on course with their fiduciary duties?

Delving into the governance risks and opportunities covered in the new ABA book "Environmental, Social, Governance: The Professional's Guide to the Law and Practice of ESG", this podcast will explore governance aspects in the ever-evolving area of ESG, including the SEC's recent Climate-Related Disclosure Rules and the challenges created by overlapping and potentially conflicting disclosure regimes (e.g., in California and the EU) and other regulators' expectations (e.g., the banking agencies); balancing the often competing and impassioned ESG-related expectations of various stakeholders; the intersection between ESG and other emerging issues, like Artificial Intelligence; and best practices for incorporating ESG into a company's operations.

Get your copy of Environmental, Social, Governance: The Professional's Guide to the Law and Practice of ESG here: Environmental, Social, Governance: The Professional's Guide to the Law and Practice of ESG (americanbar.org)

Get your copy of Global Climate Change and U.S. Law, Third Edition here: Global Climate Change and U.S. Law, Third Edition (americanbar.org)

Get your copy of Global Climate Change and U.S. Law, Third Edition here: Global Climate Change and U.S. Law, Third Edition (americanbar.org)

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 published six books on these issues, with a recent emphasis on climate justice for vulnerable populations of humans and nonhumans. His latest book is titled What Can Animal Law Learn From Environmental Law? (Environmental Law Institute Press, 2d ed., 2020).

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 perspective. Additionally, both presenters have been involved with the recent pause and resumption to USFS prescribed fire operations.

Podcast moderator: Elias Kohn received a Master's Degree focused on forestry at the Yale School of the Environment, has published law review articles on wildfire liability, and completed wildland firefighting training certifications in 2022.

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

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

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

The sun emits radiation, including harmful ultraviolet radiation. The ozone layer absorbs a portion of the sun's radiation, preventing it from reaching the planet's surface. In 1985, scientists discovered a hole in the ozone shield over Antarctica. This discovery led to an international convention that laid the groundwork for the Montreal Protocol. The Montreal Protocol is designed to reduce the consumption and production of substances harmful to the ozone layer. The United States implemented the Montreal Protocol by passing Title VI of the Clean Air Act. Title VI uses market-based mechanisms to phase out production of ozone-depleting substances. Because of the Montreal Protocol and laws such as CAA Title VI, concentrations of ozone-depleting gases in the atmosphere have significantly declined. Our guest David Doniger helped to formulate the Montreal Protocol and relevant Clean Air Act amendments. This podcast will focus on the story behind the legal response to the ozone hole.

Co-management, or equal decision making authority for activities that impact tribes, is gaining recognition as superior to current tribal consultation practice. This podcast discusses how policy makers can incorporate co-management practices into regulatory regimes to ensure that tribal interests are heard and protected. Our hosts will discuss if and where co-management is currently practiced, how those efforts are impacting participating tribes, and the efforts to promote co-management growth across various regions and regulations.

In this podcast Norman Rave and Matt Oakes explain the interaction of Clean Air Act National Ambient Air Quality Standards and State Implementation Plans. These elements form the foundation of the federal Clean Air Act. We then look at these foundational elements in the context of a series of cases interpreting the Clean Air Act's "good neighbor provision." That provision requires upwind states to account for air emissions that contribute to air quality problems in downwind states. Norman, who spent almost a decade in private practice, and several decades in the United States Department of Justice defending EPA regulations, was one of the attorneys primarily responsible for defending EPA's Cross State Air Pollution Rule, a rule seeking to implement the "good neighbor provision" for specific pollutants. This litigation spanned many years, resulting in several D.C. Circuit decisions and one Supreme Court decision (E.P.A. v. EME Homer City Generation, L.P., 572 U.S. 489 (2014) (upholding EPA's interpretation of the "good neighbor provision" that mandated a cost-effective allocation of emission-reduction responsibilities).

Marine debris, consisting of huge amounts of materials such as plastics, metals, and rubber disposed of or abandoned into the marine environment, is a vast pollution problem facing the ocean and waterways. Marine debris is abundant and extensive, and it causes adverse impacts on wildlife, the environment, the economy, and navigation safety. Plastic pollution in the oceans and waterways poses a particular concern; plastic does not biodegrade in any meaningful amount, but rather, wave energy and sunlight can break plastic down into microplastic fragments, which may carry harmful chemicals and additives, such as endocrine disruptors. Animals consume microplastics in the environment and humans consume microplastics through sources such as drinking water and seafood; this exposure to microplastics may lead to health concerns. Key developments over the last several years in legislation, international action, and policy approaches illustrate the ongoing and emerging trends in the multi-pronged approach by federal agencies, nonprofits, and other organizations to target the sources and impacts of marine debris and further action is needed to address this growing crisis.

The speakers, Joan Bondareff and Martha McCoy, discuss the scope, sources and impacts of marine debris and will address federal, nonprofit, community, and international action to prevent and respond to the problem of marine debris. The speakers also discuss recent and proposed legislation addressing plastic pollution and marine debris.

Joan Bondareff is Maritime Counsel at Blank Rome LLP and former Senior Counsel to the House Committee on Merchant Marine and Fisheries, and author of several articles on the subject including https://safepassageblankrome.com/2020/12/16/marine-plastic-pollution/. Martha McCoy is author of an article in the Spring 2021 Natural Resources & Environment publication titled "Marine Debris: the U.S. Federal Role in a Local and Global Problem," and in her role as an Attorney-Advisor with the National Oceanic and Atmospheric Administration (NOAA) Office of General Counsel, she provides legal counsel to, among others, NOAA's Marine Debris Program. (Disclaimer: the podcast will express Martha McCoy's personal views and not the official views or position of NOAA or the Department of Commerce).

Dr. Devra Davis joins moderator Matt Oakes to discuss the history of major air inversion events that led to smog clouds that killed many Americans in the middle part of the 20th Century. These inversion events combined with other factors to general momentum for development of the wide-scale federal air regulation. Dr. Davis was Founding Director, Center for Environmental Oncology, University of Pittsburgh Cancer Institute, and Professor of Epidemiology at the Graduate School of Public Health (2004-2010). She has also served as a Distinguished Visiting Professor at the London School of Hygiene (2002-03) and Tropical Medicine, and at the Yeshiva University, New York (1995-96), and as a Visiting Professor at Mt.Sinai School of Medicine (1983-2010), Oberlin College (2000-2001) and Carnegie Mellon University (1999-2004). She is the founder of Environmental Health Trust in Teton County, Wyoming, a group that provides research and education about environmental health hazards. Dr. Davis is currently Visiting Professor of Medicine at The Hebrew University Hadassah Medical School, Jerusalem, Israel, and Ondokuz Mayis University Medical School, Samsun, Turkey. She has authored three books and hundreds of other publications, including When Smoke Ran Like Water: Tales of Environmental Deception and the Battle Against Pollution (2002, Basic Books), a National Book Award Finalist.

In part 3 of the three part series, join Matt Wickersham and William S. "Buddy" Cox III.

The 2018 Year in Review is available now. Access the chapters by becoming a section member today. To join, visit americanbar.org/environ.

In part 2 of the three part series, join Matt Wickersham and John Watson in discussing the Giovanni v. U.S. Department of the Navy case.

The 2018 Year in Review is available now. Access the chapters by becoming a section member today. To join, visit americanbar.org/environ.

Don't miss out and register for the conference by visiting ambar.org/cercla today!

In part 1 of the three part series, join Kim Bick and Denise Fellers in discussing the Hawaii Wildlife Fund v. County of Maui.

The 2018 Year in Review is available now. Access the chapters by becoming a section member today. To join, visit americanbar.org/environ.

If you answered yes to any of the above, please join us as we get up-to-date practice pointers on written discovery responses and ethical considerations. Host Ronnie Gosselin of the Section's Environmental Litigation and Toxic Torts Committee talks with Ameri Klafeta of Eimer Stahl. Find out what you've been missing today!

Please rate and review us on iTunes. To learn more about our Section, or to join us, please visit www.americanbar.org/environ.

Be sure to register for the 25th Fall Conference in Baltimore, MD, featuring a diverse roster of speakers and experts on all facets of environmental, energy, and resources law. Visit www.shopaba.org/environfall for full details.

Host Cynthia Harris of the Section's Committee on Native American Resources interviews Professor Taiawagi Helton of the University of Oklahoma College of Law.

Please rate and review us on iTunes, and share our podcast widely. To learn more about our Section and to join us, visit www.americanbar.org/environ.

Our panelists include:

• Roger Feldman, OF Andrews Kurth Kenyon in Washington D.C., and chair of our Section's Infrastructure, Siting, and Reliability Committee
• Dr. George Crabtree, Director of the Joint Center for Energy Storage Research at Argonne National Laboratory and Distinguished Professor of Physics Electrical and Mechanical Engineering at the University of Illinois in Chicago
• John Howes, Principal of the Redland Energy Group in Washington, DC

To support our Section, or to join us, please visit our website at www.americanbar.org/environ