Environmental Law Section

  • Welcome to the Environmental Law Section
    Welcome to the Environmental Law Section The purpose of this Section is to bring together members of the New York State Bar Association who are interested in environmental law for furtherance of the public interest in an effective and fair legal framework for protection of the human and natural environment.
  • Upcoming Events
    • Emerging Issues in Environmental Insurance 2014

       

      PROGRAM DESCRIPTION

      The current emphasis on enforcement of stringent federal, state and local environmental laws and regulations has resulted in increasing environmental risk and loss exposure. In response, environmental insurance products have evolved to help address these risks. This program examines critical aspects of environmental insurance and provides valuable information on using environmental insurance as a risk management tool.

      Leaders of key environmental insurance companies will provide an environmental insurance market update and discuss current coverage issues and claim trends. Sessions will address emerging legal liability and evolving coverages and will feature practical tips from environmental insurance experts. Lessons learned will also be presented to help practitioners maximize available environmental coverage and minimize disputes with carriers.

       

      AGENDA

      8:30 – 9:00 am

      REGISTRATION (meet outside meeting room)

       

       

      9:00 – 9:05 am

      Introduction & Welcome

       

      Gerard P. Cavaluzzi, Vice President and Division Counsel, ARCADIS U.S., Inc., White Plains, New York, Gary P. Gengel, Partner, and Chair of NY Office Environmental Department, Latham & Watkins LLP, New York, New York

       

       

      9:05 – 10:30 am

      Part I:

      (A) State of Marketplace Overview

       

      Speakers: Gene P. Devine, Arthur J. Gallagher & Co.; * Howard M. Tollin, Sterling Environmental Services

       

      Part II:

      (B) Views from the Carriers: Emerging Environmental Insurance Coverage Issues/Claim Trends

       

      Moderator: Gerard P. Cavaluzzi, ARCADIS U.S.

      Speakers: William Bell, Chubb Insurance Group; * Jayne Cunningham, Beazley Group; * William P. Hazelton, ACE; * Robert Newmarker, Zurich North America; * John O’Brien, Ironshore; * Mary Ann Susavidge, XL; * Environmental Insurance; * Richard Wagner, AIG

       

       

      10:30 – 10:40 AM

      BREAK

       

       

      10:40 – 11:30AM

      Environmental Insurance Products & Trends

      Panel members will discuss current trends in environmental insurance products, including:

       

       

      -Remediation cost cap

      -Lender environmental liability

      -The following LSRP and voluntary cleanup programs

      -Commercial real estate transactions

      -Commercial real estate portfolio forms

      -Mold, legionella, asbestos and lead

      -Vapor intrusion

      -Pipeline industry experience

      -Health care and hospitality forms

      -Combined general liability and pollution –policies

      - D&O pollution exclusions

      - Alternative energy and hydraulic fracturing construction projects and contractors, coverage

      - NY labor law Issues

      - Former and current gas stations

      - Increased demand of coverage internationally

      - Weather related events and resulting environmental losses

       

      - Creation of industry specific products to meet marketplace demand

      - Silt, sediment, PCBs in building materials, and odor claims

       

       

       

      Co-Moderators: Gene P. Devine, Arthur J. Gallagher & Co.; * Howard M. Tollin, Sterling Environmental Services 

      Speakers: William Bell, Chubb Insurance Group; * William P. Hazelton, ACE; * Robert Newmarker, Zurich North America; * John O’Brien, Ironshore; * Mary Ann Susavidge, XL Environmental Insurance; * Jayne Cunningham, Beazley Group

       

       

      11:30 – 12:20 pm

      Part III:

      Practical Tips in Environmental Insurance for Transactions

       

       

      - Transferability or assignment of policy – which best serves the needs of the client?

       

      - Best practices has naming named insured, additional insureds and lenders

       

      - Broker’s duties to advise client on coverage and limits

       

      - Negotiating “give backs” for known conditions after NFA or RAO

      - Policy renewal for new owners, changes in risk, levels or coverage

      - Narrowing known condition exclusion to contaminant, area of concern, or media

      - Attorney involvement and knowledge with manuscripting language and claims handling opportunities

      - Different triggers of coverage

      - Negotiating typical exclusions

      - Emergency response, crisis management and spill reporting.

       

       

      Speakers: Daniele Cervino, Golub, Isabel & Cervino, P.C.; * Suzanne M. Avena, Garfunkel Wild, P.C.

       

       

      12:20 – 1:00 pm

      Part IV: Lesons Learned

      Ways to Maximize Available Environmental Coverage in the Claims Process and Minimize Disputes with Carriers

       

       

      -       This session will provide advice on key techniques/strategies for policyholders to utilize at the time of claim or discovery of pollution to maximize environmental insurance coverage.

      -       The session will also discuss lessons learned through environmental insurance policy case law decisions on the meaning of key terms in the policy, providing practical advice to policyholder counsel to consider when negotiating the actual language of the environmental insurance policy for a specific transaction.

       

      Speakers: Ann M. Waeger, Greenbaum Rowe Smith & Davis LLP; * Michele Schroeder, Environmental Risk Inc.; * Peter K. Rosen, L&W

       

      PROGRAM CHAIR

      Gerard P. Cavaluzzi, Vice President and Division Counsel, ARCADIS U.S., Inc., White Plains, New York

       

      PROGRAM FACULTY

      Suzanne M. Avena, Partner, Garfunkel Wild, P.C., Great Neck, New York; * William Bell, Vice President, Executive Field Underwriter, Chubb Insurance Group, New York, New York; * Gerard P. Cavaluzzi, Vice President and Division Counsel, ARCADIS U.S., Inc., White Plains, New York; * Daniele Cervino, Partner, Golub, Isabel & Cervino, P.C., Parsippany, New Jersey; * Jayne Cunningham, CPCU ARM, Head of Specialty Lines – Environmental, Beazley Group, New York, New York * Gene P. Devine, Senior Vice President and Eastern Region Director of Environmental, Arthur J. Gallagher & Co., Garden City, New York; * William P. Hazelton, Executive Vice President, ACE Environmental Risk & ACE Construction, Jersey City, New Jersey; * Robert Newmarker, Head of Environmental Site Specialty Products, Zurich North America, Boston, Massachusetts; * John O’Brien, President – Production Underwriter, Ironshore Environmental, New York, New York; * Peter K. Rosen Partner, L&W, New York, New York; * Howard M. Tollin, President and Managing Director, Sterling Environmental Services, Woodbury, New York; * Michele Schroeder, Owner & Principal, Environmental Risk Inc., Rockville Centre, New York; * Mary Ann Susavidge, Senior Vice President, XL Environmental Insurance, Exton, Pennsylvania; * Ann M. Waeger, Partner, Greenbaum Rowe Smith & Davis LLP, Woodbridge, New Jersey; * Richard Wagner, Chief Underwriting Officer, AIG Environmental, New York, New York

    • Save the Date - NYSBA Annual Meeting January 26-31, 2015

      NYSBA Annual Meeting is scheduled for January 26 31, 2015

      New York Hilton Midtown
      1335 Avenue of the Americas
      New York City

      Environmental Law Section activities will be held Thursday evening and Friday (January 29 30, 2015).  Additional information will be available closer to the meeting.

  • Envirosphere- Blog

    About Envirosphere

    Welcome to Envirosphere, the blog created and managed by the Environmental Law Section of the New York State Bar Association. The Section’s membership is extremely varied, as it includes attorneys from the public and private sectors, environmental organizations, and academia.

    Envirosphere is intended to provide timely notice of legal events affecting environmental lawyers from all of these varied sectors. These legal events include recent cases, new regulations, new government policies, and general news of interest on the environmental front.

    To view Envirosphere, click here.

  • The New York Environmental Lawyer

    The New York Environmental Lawyer

    VIEW THE LATEST NEW YORK ENVIRONMENTAL lawyer

    The New York Environmental Lawyer features peer-written substantive articles relating to the practice of environmental law on various topics including climate change, brownsfields, pollution, air quality, wetlands and superfunds. Regular columns include  recent administrative and judicial cases, ethics issues, EPA and DEC updates and Section news. Edited by Miriam E. Villani, Esq., (Editor-in-Chief), Justin M. Birzon, Esq. (Issue Editor), Prof. Keith Hirokawa (Issue Editor), and Aaron Gershonowitz, Esq. (Issue Editor), The New York Environmental Lawyer is published by the Environmental Law Section and distributed to Section Members free of charge.

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