Environmental & Energy Law Section

Environmental & Energy Law Section

"I Heard it Through the Grapevine and EELS"

September 22-24, 2019 

Mohonk Mountain House | 1000 Mountain Rest Road | New Paltz, NY 12561

EELS Fall 2019 Slider


Overnight Accommodations

Hampton Inn by Hilton New Paltz | 4 South Putt Corners Road | New Paltz, New York 12561 

PLEASE NOTE: Rooms at the Mohonk Mountain House are no longer available. A block of rooms has been reserved at the nearby Hampton Inn at New Paltz until 9/1.  Rooms are $149 per night plus tax for a room with two queen beds.  To make room reservations, please call 845-255-4200, and identify yourself as "NYSBA EELS Fall Meeting".  You can also make your reservation online at: http://group.hamptoninn.com/NYSBAEELSFallMeeting

Registration Fees:
$300 Environmental & Energy Law Section/NYSBA Member Rate
$250 1st Time Attendee, EELS Member
$250 NYSBA Newly Admitted Attorney (5 years or less)
$400 Non-NYSBA  Member
$200 Spouse/Guest
$100 Children Registration (ages 12-18)
$50 Children Registration (ages 7-11)
No charge for children under 7

First-time attending the Environmental & Energy Law Section Fall Meeting?  
Enjoy a  discount on the attorney meeting registration fee. Pay only $250 for the whole weekend. You must be a member of NYSBA and the Environmental & Energy Law Section to take advantage of this special offer.
If you are not a member of NYSBA or the EEL Section you can become one by calling our Member Resource Center at 800.582.2452.  

Questions? Contact Gina Bartosiewicz at gbartosiewicz@nysba.org 

Register Online

9 MCLE credits for all attorneys | 7.0 Areas of Professional Practice | 1.0 Law Practice Management | 1.0 Ethics and Professionalism

AGENDA

Sunday, September 22 

9:00 a.m. –  2:00 p.m. Guided Group Activities for Early Arrivals

Mohonk offers a wide range of activities to do on your own, but why not get a head start on making connections?  Here are a few sponsored activities:

                                                Mountain Bike Ride

                                                Hiking

                                                Tomahawk Throwing and Archery

                                                Rock Climbing

                                                Garden and Greenhouse Tour

2:20 p.m. –  4:00 p.m. Executive Committee Meeting 

4:00 p.m. –  4:30 p.m. Hotel Check-in and Meeting Registration 

4:30 p.m. – 5:45 p.m. "I Fought the Law and the Law Won" - Regulatory Initiatives & Enforcement - 1.5 MCLE Credits | Areas of Professional Practice

Federal, State and NYC regulatory officials review environmental laws with enforcement claims examples which resulted in legal liability, damages, remediation obligations, civil and criminal fines and natural resource damages, and civil and criminal fines, penalties and jail time.  

6:00 p.m. – 7:00 p.m. Cocktail reception 

7:00 p.m. - 8:00 p.m. Dinner


Monday, September 23 

7:30 a.m –  8:30 a.m. Breakfast

8:45am – 9:35 a.m. "She Blinded me with Science" - New Technology as a Tool in Environmental Cases - 1.0 MCLE Credit | Areas of Professional Practice

The proliferation of low-cost tools for environmental monitoring and encouragement of citizen science by the federal government has accelerated the use of environmental monitoring data collected by volunteers.
This panel will survey recent advances in citizen science tools, discuss the ways in which policy makers use data from citizen science to form the basis for policy and enforcement decisions, and address the challenges associated with using data collected by citizen scientists.

9:35 a.m. - 9:50 a.m.  Coffee Break 

9:50 a.m. – 11:05 a.mEarth, Wind & Fire, "Got to Get You Into My Life" - Cleaner and Cost Effective Energy - 1.5 MCLE Credits | Areas of Professional Practice 

Partly in response to climate change, New York and other states are experiencing a boom in solar, wind, and energy storage projects.  Because renewable-energy generation technologies provide variable output, New York and other states are creating incentives to integrate energy storage solutions into new and existing renewable-energy ventures.  This panel will discuss how these different technologies work separately and together, as well as the current state of play and possible future developments in the siting, permitting and financing of solar, wind and energy storage projects. 

11:05 a.m. - 11:20 a.m.  Coffee Break  

11:20 a.m. – 12:10 p.m. "We Built This City on Rock and Roll" (with a little help from our friends) - Risk Management & Project Financing R.E. Transaction - 1.0 MCLE Credits | Areas of Professional Practice

This panel will explore a hypothetical real estate transaction and address specific issues that arise in the context of New York State’s Brownfield Cleanup Program (BCP), including: implications of BCP tax credits on deal structure and financing, real estate financing hurdles, balancing remediation goals with project finance, risk mitigation and role of insurance products, and related matters. The goals of the program are for attendees to (A) get a “behind the scenes” look at how legal experts in the areas of the BCP and environmental insurance grapple with and resolve day-to-day issues in transactions and (B) acquire practical pointers and advise. Attendees will be invited to ask questions during the program in order to facilitate conversations with the panelists.

12:30 p.m. - 1:30 p.m. Lunch

1:30 p.m. - 6:30 p.m. Guided Group Activities 

Mohonk Mountain House offers a wide range of activities to do on your own, but we encourage you to take advantage of one of these sponsored activities:

                                                Mountain Bike Ride 

                                                Hiking 

                                                Tomahawk Throwing and Archery 

                                                Rock Climbing

                                                Garden and Greenhouse Tour                                             

5:00 p.m. - 5:50 p.m.  "I Walk the Line" Ethics & Environmental Law - 1.0 MCLE Credit | Ethics and Professionalism

While all attorneys must maintain technological competence, for environmental attorneys this goes beyond computer programs and the cloud.  Recent rapid changes scientific understanding and environmental regulation make providing competent representation a challenge.  This presentation will examine what competence means for an environmental attorney in 2019, and how to render candid advice to clients in the face of scientific and regulatory uncertainty.

6:30 p.m. – 7:30 p.m. Cocktail reception 

7:30 p.m. - 9:30 p.m. Dinner & Keynote


Tuesday, September 23

7:30 a.m –  8:30 a.m. Breakfast

8:45 a.m – 9:35 a.m.

8:45 a.m. - 9:35 a.m. Mindfulness Program: "Mohonk State of Mind" (with thanks to Billy Joel) - 1.0 MCLE Credit | Law Practice Management

Mohonk experts will teach attorneys how mindfulness practices and various techniques can enhance their focus and productivity. In addition, these learning techniques will include lessons onsite with viewing types of trees and geology formations while alleviating stress and enhancing wellness. 

9:50 a.m. - 10:40 a.m. "Take me to the River" - How to identify a WOTUS - 1.0 MCLE Credit | Areas of Professional Practice

Defining a WOTUS – How the definition of federal and state wetlands have changed and will be changing. How the changes in definitions affect the identification, regulation and protection of the resources in New York State.    

11:00 a.m. - 11:50 a.m. "The Big Bright Green Pleasure Machine" a.k. a. Complying with Environmental Law, Testing and Equipment - 1.0 MCLE Credit | Areas of Professional Practice 

Environmental Attorneys have to review data on a daily basis, but few of us have observed how consultants physically obtain samples in the field, and maintain quality assurance protocols, for the data we review every day.  During this outdoor interactive session, three consultants will show us the equipment they use to take soil, soil vapor and groundwater samples, and discuss the problems they typically encounter, and how they resolve those issues.  In addition, the consultants covering the soil and groundwater environmental media will show us the different techniques they use for emerging contaminant sampling.    A summary of the applicable sampling regulations and guidance documents will also be provided.    

12:00 p.m. - 1:00 p.m - Lunch

1:00 p.m. Check out

1:00 p.m. - Hydrology Tour at the OSI Trail in New Paltz


About THE SECTION BLOG

The Environmental and Energy Law Section of the New York State Bar Association has a new section blog on our online community. It is intended to provide timely notice of legal events affecting environmental lawyers in the public and private sectors, environmental organizations, and academia. These legal events include recent cases, new regulations, new government policies, and general news of interest on the environmental front. Section members are welcome to contribute. View our blogging policy here.

To view the archives of our former blog posts called “Envirosphere” from February 2009-August 2016, click here.

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. The New York Environmental Lawyer is published by the Environmental Law Section and distributed to Section Members free of charge.

To receive your issue of The New York Environmental Lawyer in an electronic format only, send an email to NYSBA's Member Resource Center at mrc@nysba.org.

Read Now>

We are pleased to announce the launch of an Internet-based private online professional Community for the Environmental and Energy Law Section. We invite you to participate. Members of our Section run the gamut from law students and newly admitted attorneys who are just finding their way all the way to national and international experts in many categories of environmental law. We want all of you to share your experiences and your knowledge while also being free to ask questions of others in the Section and participating in the intellectual discourse we hope to generate. 

Enter here. (Member log-in required).