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Climate Change in the Supreme Court: Utility Air Regulatory Group v. Environmental Protection Agency et al., 134 S.Ct. 2427 (2014)

(1256 Ratings)

Produced on: August 12, 2014

Course Format On Demand Audio

Taught by


Course Description

Time 62 minutes
Difficulty Advanced

Seven years after the Supreme Court weighed in on climate change in the landmark case Massachusetts v. EPA, climate change is back in court. Massachusetts dealt specifically with greenhouse gas emissions from mobile sources, but the EPA subsequently determined its authority extended to stationary sources as well. Industry groups challenged the EPA in the recent case Utility Air Regulatory Group v. EPA, and both sides came away from the Court’s June 23, 2014 decision claiming victory. 

Join environmental attorneys James Periconi and Matthew Jokajtys as they examine what UARG means for the EPA’s authority to address climate change.


Learning Objectives: 

I.  Identify the major elements of the Clean Air Act

II. Recognize the EPA’s efforts to address climate change through the Clean Air Act

III. Understand the holding of UARG v. EPA in the context of current climate jurisprudence

IV. Discuss the impact of UARG on the EPA’s future efforts to address climate change




James J. Periconi

Periconi , LLC

James Periconi focuses on both environmental litigation and regulatory matters. He has had substantial experience representing defendants in governmental actions brought for remediation of Superfund and other contaminated sites, and for prosecution and defense of private cost recovery actions. He has developed innovative approaches to air permitting requirements for research facilities, and has dramatically reduced fines in significant EPA enforcement matters for public companies to below materiality thresholds. Mr. Periconi has twice been appointed a federal court Special Master in Clean Water Act cases and often acts as an expert witness in environmental law in federal and state actions.


From 1987 through 1989, Mr. Periconi served as Chief of the Solid and Hazardous Waste Enforcement Bureau of the New York State Department of Environmental Conservation. During his tenure there, he oversaw the nation's largest and most complex state Superfund program.


From 1982 to 1987, Mr. Periconi was an Assistant Attorney General in the Environmental Protection Bureau of the New York State Department of Law, where, among other matters, he prosecuted the first hazardous waste felony jury trial to corporate and individual convictions in New York, and sued the United States Environmental Protection Agency in one of the earliest "acid rain" cases. He served as an Assistant District Attorney in the New York County District Attorney's Office from 1977 to 1980.


Named to Who’s Who in International Environment Lawyers for 2009-2010, Mr. Periconi, who is admitted to practice in the United States Courts of Appeal for the Second, Third and Sixth Circuits, as well as all federal district courts in New York, was chair of the Environmental Law Section of the New York State Bar Association in 2003. He is a member of the Board of Advisors of the Toxics Law Reporter, published by the Bureau of National Affairs in Washington, D.C. The firm is the New York chapter Environmental Law Firm for the International Network of Boutique Law Firms. Mr. Periconi was the Chairman of the Board of INFORM, Inc., a New York-based national environmental organization, from 2004-2006. 


Mr. Periconi is the author, most recently, of “The State of Environmental Crimes Prosecutions in New York,” 23 Natural Resources and Environment (American Bar Association’s Section of Environment, Energy, and Resources) pp. 11-16 (Winter 2009); co-author, with Delight Balducci, of “New Duties to Tell Tenants if Indoor Air Tests Exceed Markers,” New York Law Journal (12/10/08); and author of “Environmental Due Diligence in Real Estate Transactions,” 3 Bloomberg Corporate Law Journal pp. 40-64 (Winter 2008). A frequent lecturer on environmental law topics, he is a primary co-author of Environmental Law and Regulation in New York (West, 1996), a part of West's award-winning New York Practice series.


Mr. Periconi is a graduate of Regis High School (New York), Columbia University (B.A., 1970). In 1972, as a Danforth Graduate Fellow, he received an M.A. in English and Comparative Literature from the University of Virginia. He received his J.D. from New York University in 1977.

Matthew Jokajtys

Periconi, LLC

Matthew Jokajtys is an associate attorney at Periconi, LLC, where his practice focuses on environmental due diligence counseling for commercial real estate transactions, environmental regulatory matters, and environmental litigation. Prior to joining Periconi, LLC, Matthew worked as an environmental claims associate for a global insurance company, where he specialized in coverage determinations for environmental insurance policies.

Matthew received his Juris Doctor degree, cum laude, from Pace Law School, where he earned a Certificate in Environmental Law in Pace’s highly regarded environmental program, and graduated in the top twenty percent of his class. At Pace, Matthew served on the 2009 Moot Court Executive Board, and represented Pace Law at moot court competitions in Vienna and London.

Matthew also received a Masters of Environmental Management degree from the Yale University School of Forestry and Environmental Studies, during which time he attended the 15th Conference of the Parties to the United Nations Framework Convention on Climate Change (“COP”) in Copenhagen, Denmark as a NGO Observer with the Yale Student Environmental Coalition, as well as the 16th COP in Cancun, Mexico as a volunteer legal advisor for the Fiji delegation.

Matthew has also written on various topics of environmental law and policy, most recently on dredged material management. His article on dredged material management policy in the New York New Jersey Harbor, “New York and New Jersey Dredged Material Management: An Ongoing Challenge,” was published in the February 2012 issue of Dredging and Port Construction Magazine.

Matthew is admitted in New York and New Jersey.


Steve S.

Good course

Roman W.

Excellent presenters. The back-and-forth questions and answers by the presenters was effective.

Eric L.

Two presenters was effective

Michael B.

Very good course

Daniel H.

Excellent presentation of a complex and important topic.

Peter F.

Excellent program

Michael G.

Excellent presenter!!!! Knowledgeable, relaxed and they worked extremely well with each other. Looking forward to finding other environmental law programming from them.

George E.

The back and forth between the two presenters was better than a straight presentation

Amanda H.

clear, measured, and informative

joseph h.

Very clear and informative presentation.

francis m.

A bit OUT-DATED since West Virginia v EPA...but interesting to see the history prior to more recent developments.

Kristine C.

Excellent presentation and excellent interplay between instructors

irina a.

great presentation, thank you! would love to have you do an update session re: latest developments (12/17) thanks.

Ben H.

Great speakers and an excellent presentation.

Eric H.

These presenters were excellent. The dialogue format worked very well.

Zachary M.

Highly professional presentation. Knowledge is power. Thanks for sharing your knowledge with those who love the law and believe in science.

Jeanne S.

The presenters conveyed complex, detailed law, history and case law in an extremely clear and engaging way.

Julie A. B.

Dialogue between these skilled environmental attorneys successfully conveys the material. Speakers work well together and manage to deliver an engaging and quick moving program. Good use of words and tone to paint the current climate jurisprudence.

John G.

Great conversation

Michael W.

Well done and informative.

Robert M.

The back and forth was effective

Arthur M.

Excellent presentation.

Kenneth B G.

Great presentation!

Jonathan H.

Excellent presentation of a difficult topic.

Savonala H.

This team approach works.

Daniel C. M.

Excellent insight and overview.

Steven M.


Katherine A.

Really great program - loved the two-person interchange. Really interesting topic that all attorneys should have some awareness of regardless of speciality.

Thomas T.

Cogent and clear explanation and discussion of complex topics. Would like to hear more from these presenters, including as this particular topic evolves.

Thomas D.

Cutting edge of environmental law.

Melissa K.

The back and forth dialog was very helpful in drawing attention to the main points.

Brett C.

Loved the conversation format. Very approachable.

Nathan C.

Very informative, could have easily occupied an additional half hour

Clarence S.

Excellent presentation of complex area.

Karen B.

This was an excellent presentation of complex material. I liked the back and forth between the two speakers. The slides were very helpful.

Grant J.

Great synopsis of CC & the UARG decision.

Belinda B.

Very timely information

John A. M.

Outstanding, clear presentation of a complex topic. Jim and Matt did an excellent job of establishing appropriate context necessary for understanding the decision and its implications. One of the best LawLine presentations I've had the opportunity to watc

Anna S.

Well pitched.

Giles K.

Great course

Michael V.

Very effective how they presented the CLE as a dialogue and question and answer between the two presenters. Great presentation!

Donna S.

Really like the conversational presentation

Robert S.

The tag-team approach is refreshing; these 2 presenters worked very well together.

Pamela R.


Robin B.

Very interesting. Good Q&A format.

Wilburn M.

good course

Johnna P.

I liked the way the presenters interacted. It made the presentation engaging.

Frederick S.

Quite a good, professional presentation. Very relevant to today! Thank you.

Carol C.

clear treatment of a very complex subject and very subtle legal issues

Andrew S.

Very much enjoyed the interaction between the two presenters.

Mark S. G.

Excellent discussion

marialice g.

Needed to be longer. Very good info.

Emilee M.

good presentation

Brian M.

excellent explanation and discussion of the subject matter.

Margaret G.

one of the best ones I have watched

Karen P.

designed for someone in enviro practice, and very good.


Instructors were among the best as was this course.

William D.

Excellent presentation.

Patrick F.

Excellent presentation. Particulally like the slides being incorparated into the Course Materials

Glenda C.

i really enjoyed this format.

Joung Ho K.

Good explanation of the latest Supreme Court decision on EPA's regulations.

Pamela W.

Good overview of this complex topic.

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