American Bar Association
Section of Environment, Energy, and Resources
Constitutional Law Committee
Cosponsored by Climate Change, Sustainable Development, and Ecosystems Committee, Energy and Natural Resources Litigation Committee, and Environmental Litigation and Toxic Torts Committee
Presents a “Quick Teleconference” program
AEP v. Connecticut: The Ruling and its Implications
Thursday, July 7, 2011
12:00 p.m. – 1:30 p.m. Eastern Time / 11:00 a.m. – 12:30 p.m. Central Time
10:00 a.m. – 11:30 a.m. Mountain Time / 9:00 a.m. – 10:30 a.m. Pacific Time
Program Overview:
AEP v. Connecticut (June 20, 2011) is this year's blockbuster environmental law case. AEP is the first decision of the Supreme Court on climate change since Massachusetts v. EPA and a titanic piece of litigation pitting some of the largest states against some of the country's largest utilities. AEP involves a plethora of constitutional issues (political question, standing and displacement of federal common law) together with equally important issues of judicial management of large-scale environmental litigation. The Court in AEP split 4-4 on certain preliminary issues that resulted in an affirmation of part of the lower court ruling, followed by an 8-0 decision reversing the rest of the Second Circuit's decision. The Court agreed with the utility defendants on one core point: That highly complex climate change environmental regulation is more suited to expert agencies set up by Congress than by federal judges issuing "case-by-case injunctions." Justice Ginsburg, writing for the Court, also managed to raise one other constitutional issue not briefed by the parties -- potential federal preemption of state nuisance claims.
The lawyer who represented the defendant utility companies, Peter Keisler of Sidley & Austin, and the former senior climate change policy counsel to the EPA Administrator, Professor Lisa Heinzerling of Georgetown University Law Center, will discuss the Court's holding and its implications.
Educational Objectives:
- Review holding of Supreme Court in climate change nuisance litigation; and
- Review potential implications of decision.
Moderator:
Norman A. Dupont, Richards, Watson & Gershon, Los Angeles, CA
Panelists:
Lisa Heinzerling, Professor, Georgetown University Law Center, Washington, DC
Peter Keisler, Sidley Austin LLP, Washington, DC
This program will not offer CLE credit.
There are two ways to participate in this program either attending a host site location or individual dial-in:
HOST SITE LOCATION
Participation at a host site location is free of charge; however, registration with the host site contact is required.
BIRMINGHAM, AL
Balch & Bingham LLP
1901 Sixth Ave., North, Ste. 1500
RSVP: Sandra Sadler, (205) 226-3432 or ssadler@balch.com
LOS ANGELES, CA
Richards, Watson & Gershon
355 S. Grand Ave., 40th Fl.
RSVP: Linda Pomatto, (213) 626-8484 or lpomatto@rwglaw.com
SAN FRANCISCO, CA
Arnold & Porter LLP
1 Embarcadero Center, 22nd Fl.
RSVP: Deborah DiBianco, (415) 356-3056 or Deborah.DiBianco@aporter.com
WASHINGTON, DC
Sidley Austin LLP
1501 K St.
RSVP: Jane Nelson, (202) 736-8217 or jnelson@sidley.com
BLOOMFIELD HILLS, MI
Butzel Long
Stoneridge West, 41000 Woodward Ave.
RSVP: Beth S. Gotthelf, (248) 258-1303 or gotthelf@butzel.com
NEW YORK, NY
Beveridge & Diamond, PC
477 Madison Ave., 15th Fl.
RSVP: Vanessa Smith, (212) 702-5424 or vsmith@bdlaw.com
AUSTIN, TX
Brown McCarroll, L.L.P.
111 Congress Ave., Ste. 1400
RSVP: Keith Hopson, (512) 479-9735 or khopson@brownmccarroll.com
ConferTel Teleconference (Individual dial-in):
If you wish to participate by telephone please register online.
Online registration is encouraged for immediate confirmation and billing receipt. You may also complete this form and fax it to (760) 931-0079. Once your registration and payment have been processed, you will receive a confirmation with the toll-free telephone number and security PIN number sent via e-mail from ConfertTel (Webinars@confertel.net).
The registration fee covers the cost of the phone connection; you are encouraged to have others listen to the program with you. Registration cannot be confirmed until ConferTel receives check or Purchase Order.
*The Section has secured ConferTel to provide conferencing services, including registration, conferencing and payment. Please make checks payable to ConferTel. Questions regarding the teleconference can be directed to ConferTel at (866) 930-4500.
Registration Fee:
Registrations cannot be confirmed until ConferTel receives check or Purchase Order.
Section Members: $80 | Gov't, Academic, or Public Interest: $80 | Other ABA Members: $100 | General Attendance: $110
Cancellation Policy:
Paid registrants who are unable to call in to the conference may request a refund less a $30 administrative fee. Substitutions are acceptable.
Late Registration Notice:
Please register early, we cannot guarantee late registrations (day of event).
Law Students:
Complimentary registrations are available for law student groups and environmental law societies. Please contact Julie Connell at Julie.Connell@americanbar.org to secure your registration.
Questions?
Do you have a question that you would like the panel to address? Please email your question to Norman Dupont at ndupont@rwglaw.com by Wednesday, July 6, 2011 at Noon Eastern Time and the panel will make every effort to address your inquiry.
