Recent Supreme Court Decisions and Their Effect on Environmental Law: Clean Water Act, Clean Air Act, TSCA, CERCLA, and RCRA, including PFAS compounds and stormwater permits

S. Wayne Rosenbaum
S. Wayne Rosenbaum
The Environmental Law Group, LLP Varco & Rosenbaum

S. Wayne Rosenbaum is a partner of the firm practicing in the areas of environment, land use and natural resources, with an emphasis on water quality and land use laws affecting infrastructure and renewable energy projects.

Grant Olsson
Grant Olsson
The Environmental Law Group, LLP Varco & Rosenbaum

Grant Olsson is an associate at the Environmental Law Group and specializes in a wide range of environmental litigation and regulatory compliance.

On-Demand: August 20, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

In its last term the Supreme Court issues three major decisions that will likely have dramatic impacts on the scope and power of administrative agencies both retrospectively and prospectively. In deciding Loper Bright Enterprises (LOPER BRIGHT ENTERPRISES ET AL. v. RAIMONDO, SECRETARY OF COMMERCE, ET AL.), the Court Overturned Chevron v. NRDC, a landmark administrative deference case that directed courts to defer to regulators’ interpretation of federal statutes. The majority opinion in Corner Post, Inc. (CORNER POST, INC. v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM), expanded the six-year statute of limitations under the Administrative Procedure Act (APA), allowing aggrieved parties more time to bring claims for damages arising out of final agency actions. While SEC v. Jarkesy (SECURITIES AND EXCHANGE COMMISSION v. JARKESY ET AL. Limited regulators’ power to seek civil penalties through administrative enforcement by providing regulated entities the right to demand jury trials in federal court for such actions. This presentation will consider these landmark decisions from the prospective of their impacts on major environmental legislation including the Clean Water Act, Clean Air Act, TSCA, CERCLA and RCRA with a particular focus on recent and proposed regulations regarding PFAS compounds and the expansion of stormwater permit requirements to shopping centers, churches, hospitals, and schools.

Key topics to be discussed:

  • Chevron
  • PFAS
  • Clean Water Act
  • Waters of the United States

Closed-captioning available

Speakers

S. Wayne Rosenbaum_MyLawCLES. Wayne Rosenbaum | The Environmental Law Group, LLP Varco & Rosenbaum

swr@envirolawyer.com | (619) 231-5858

S. Wayne Rosenbaum is a partner of the firm practicing in the areas of environment, land use and natural resources, with an emphasis on water quality and land use laws affecting infrastructure and renewable energy projects. He develops compliance strategies for clients regulated under the storm water provisions of the Clean Water Act, the Endangered Species Act, the California Environmental Quality Act and other state and federal resources statutes. Relying on his broad experience with environmental permits and environmental management systems, Wayne helps clients develop and implement solutions to environmental regulations that are both legally defensible and economically sustainable. Wayne also assists his clients in defending their regulatory compliance programs against challenges by regulatory agencies and environmental groups.

Prior to joining Environmental Law Group LLP, formerly known as Opper & Varco LLP, Wayne was a partner at Stoel Rives LLP and, previous to that, with Foley & Lardner LLP. Before entering private practice, Wayne served with the Department of the Navy, Office of General Counsel, where he concentrated on the transfers of contaminated properties under the Base Realignment and Closing Act, environmental audits, waste minimization plans, regulation of storm water discharges at federal facilities and interagency funding of environmental projects.

Before working with the Navy, Wayne spent 18 years as an executive in the environmental services industry. At Recontek, he served as executive vice president and chief operating officer, where he led a team of environmental professionals who successfully obtained RCRA Part B permits in seven states. Before that, he served as assistant vice president for Eticam, where he was responsible for environmental permitting of new facilities.

 

Grant Olsson_MyLawCLEGrant Olsson | The Environmental Law Group, LLP Varco & Rosenbaum

Grant Olsson is an associate at the Environmental Law Group and specializes in a wide range of environmental litigation and regulatory compliance. He has experience litigating hazardous waste cleanup, underground storage tank, stormwater, easement, and land use matters implicating CERCLA, RCRA, the Clean Water Act, the Porter Cologne Act, and CEQA. Mr. Olsson also provides nuanced analysis  of potential environmental liabilities and compliance strategies, and works cooperatively with local, state, and federal regulatory agencies.

Mr. Olsson received his Juris Doctor from the University of San Diego School of Law in 2017 and his Bachelor of Arts from the University of California, San Diego in 2013. He is admitted to practice in the courts of California and in the United States District Courts for the Southern and Central Districts of California.

Agenda

I. Chevron | 1:00pm – 1:30pm

II. PFAS | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Clean Water Act | 2:10pm – 2:40pm

IV. Waters of the United States | 2:40pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

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2 General

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2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

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2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
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2 General

Hawaii

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2 General

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Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

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No MCLE Required
2 General hours

Maryland

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2 General hours

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2 General

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No MCLE Required
2 General hours

Minnesota

Approved for Self-Study Credits
2 General

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2.4 General

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2 General

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2 General

North Carolina

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2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
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2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

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2 General

Oklahoma

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2.5 General

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2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

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2 General hours Hours

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2 General

Washington

Approved via Attorney Submission
2 Law and Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

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2 General

West Virginia

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2 General

Wyoming

Pending CLE Approval
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