WASHINGTON, D.C., Oct. 2, 2012 — Environmental and energy regulators, academics, NGO lawyers, and private practitioners will discuss the latest developments on energy policies, the Environmental Protection Agency’s Next Generation Compliance program and alternative energy practices during the American Bar Association Section of Environment, Energy and Resources fall meeting Oct. 10-13 at the Hilton Austin, in Austin, Texas.

Panels will include representatives from the EPA, the U.S. Department of Transportation, the U.S. Department of the Interior, ExxonMobil, ConocoPhillips, American Electric Power, America’s Natural Gas Alliance, Midwest ISO Inc., and other energy and environment-related organizations. 

Conference highlights include:  

Thursday, Oct. 11 

“Next Generation Environmental Compliance: What’s on the Horizon for EPA Enforcement?” — Panelists will discuss the EPA’s “Next Generation Compliance” — which will use monitoring and information technology to improve compliance with environmental regulations and permits — and other recent developments in environmental enforcement. Panelists include Todd Chenoweth, special counsel, Office of Water of the Texas Commission on Environmental Quality; Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance; and Eric Schaeffer, Environmental Integrity Project. 8:30 – 10 a.m.

“Wind, Water, Weather and the Endangered Species Act” — A panel discussion will explore the effects of wind projects, water transfers and climate change on endangered species and the capacity of the Endangered Species Act to prevent extinctions. 1:30 – 3 p.m.

“The Challenge of EPA’s Power-Plant Regulations and Their Impacts on the Electric System” — Representatives from the EPA and regulated utilities will discuss the status of current litigation and regulatory developments for the electric utility industry, their effects on electric generation, and potential effects on electric reliability. Speakers include William Fang, deputy general counsel of the Edison Electric Institute; Janet Henry, deputy general counsel of American Electric Power; Stephen G. Kozey, vice president of Midwest ISO Inc.; and Randall LaBauve, vice president of environmental services, NextEra Energy Inc. 1:30 – 3 p.m. 

“Environmental Impacts of Oil and Gas Production in Shale Formations: Policy, Perception and Reality” — Speakers — including Michael Krancer, secretary of Pennsylvania’s Department of Environmental Protection — will explore the potential environmental risks and benefits of shale development practices and discuss efforts to reduce the air and water impacts of shale development and the state and federal regulatory frameworks that apply to fracturing. 3:30 – 5 p.m. 

“Is This Federalism? Texas v. EPA” — Early this year, Texas had 13 lawsuits pending against the EPA. The EPA continues to regulate carbon dioxide permitting in Texas, as the state refuses to accept new federal program elements. Is this cooperative or dysfunctional federalism? This question, along with the history, benefits and costs of federally delegated environmental programs, will be addressed in this session. Panelists will examine the practical consequences for regulated entities and the public if the EPA begins to administer more programs in place of, or in addition to, existing state programs. Panelists include Vickie Patton, general counsel of the Environmental Defense Fund, and Bryan Shaw, chairman of the Texas Commission on Environmental Quality. 3:30 – 5 p.m. 

“Air ‘Hot Topics’” — Air emissions regulatory developments are not confined to the utility sector and to greenhouse gases. Experienced professionals representing the EPA, the states and regulated sources will discuss the challenges posed by rulemaking to reduce hazardous air pollutant emissions, including the process and criteria for determining whether alternate fuels are solid wastes, and air-quality modeling issues in light of the new National Ambient Air Quality Standards. 3:30 – 5 p.m.

“Transparent Yet Competitive: Environmental Disclosures from Hydraulic Fracturing to Consumer Products” — This session will highlight the policy challenges of hydraulic fracturing fluid disclosure in comparison to developments in consumer product disclosure. Panelists will review the ways that the EPA has used its existing power, including more aggressive use of its Toxic Substances Control Act authority at the federal level in the oil and gas sector; describe how the Securities and Exchange Commission and state regulators have shaped hydraulic fracturing disclosure; review the policy and legal arguments for protecting proprietary information as confidential business information; discuss how consumers, commercial buyers, competitors, plaintiffs’ lawyers and others use such information; and address supply-chain disclosure challenges. 3:30 – 5 p.m. 

Friday, Oct. 12

“Pipelines in the Crosshairs: Siting, Permitting, Compliance and Enforcement After the Keystone XL Nonapproval” — Panelists — including James M. Pates, assistant chief counsel for Pipeline Safety, Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation — will look beyond the pros and cons of the Keystone XL project and examine the fundamental questions raised about pipelines, their siting and permitting, the prospects for increased regulatory scrutiny and compliance enforcement under new and existing regulations, and the importance of pipelines to the growth and development of domestic and North American energy reserves. Other speakers include Lori Ann Burd, National Wildlife Federation, and Michael Whatley, executive vice president of the Consumer Energy Alliance. 1:30 – 3 p.m. 

“Energy, Environment and Politics in 2012: Expectations and Prognostications for the Next Four Years” — Panelists will share their views on significant energy and environmental issues, from clean energy to shale gas to climate change, that will likely take center stage during this presidential election cycle. Speakers include Peter Robertson, senior vice president, legislative and regulatory affairs, America’s Natural Gas Alliance. 1:30 – 3 p.m.

“The Challenges of Permitting Renewable Projects Across a Diverse Landscape” —National, state and local energy policies promote the development and use of renewable energy supplies, resulting in an unprecedented level of interest in the development of solar, wind, geothermal and biomass resources. Panelists, including Steve Black, counselor to the secretary of the U.S. Department of the Interior, will discuss the challenges and benefits of renewable energy. 1:30 – 3 p.m.

Other programs include: 

• Legal Guidance for U.S. Energy Providers in the Era of Shifting National Energy Policy;
• Waiting for the Next Big Bang: ERCOT as the U.S. Grid in Microcosm;
• The Critical Role of Water in Energy Facility Siting, Development and Operation;
• Developing and Sustaining an “All of the Above” National Energy Policy; and
• Environmental Law Before the Supreme Court.

The conference agenda provides a complete list of meeting programs and speakers.

There is no charge for media covering this event. For media credentials and more information, please contact Maria Gutierrez at 202-662-1091 or Maria.Gutierrez@americanbar.org.

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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