On Demand Audio

Environmental Law Trends in Regulation, Litigation, and Enforcement (2019 Update)

(478 reviews)

Produced on January 17, 2019

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Course Information

Time 1h 31m
Difficulty Intermediate
Topics covered in this course: Environmental

Course Description

This course, taught by Sidley Austin Associate Benjamin Tannen, will provide an update on recent trends in environmental law under the Trump Administration, which is now in its third year of pursuing a sweeping deregulatory agenda and resetting the federal government’s approach towards environmental enforcement. The program will look at the Environmental Protection Agency (EPA) and other agencies’ attempts to repeal and/or modify signature Obama-era regulations, such as the Clean Power Plan and the Waters of the United States rule. It will also provide an in-depth look at the ongoing litigation surrounding these deregulatory efforts, including those cases in which the courts have held that the Administration went too far.

The course will also analyze the Administration’s policy agenda in the environmental arena, including a focus on cooperative federalism, and will describe the Trump EPA and Department of Justice (DOJ) approaches towards environmental enforcement to date. It will also evaluate the likely impact of the 2018 congressional midterm elections on the Trump Administration’s environmental policies. Finally, the program will look at trickle-down effects of the Federal Government’s approach towards environmental law under the Trump Administration, such as the impact on the activities of non-governmental organizations (NGOs).   

Learning Objectives:

  1. Review the current Administration’s EPA and DOJ philosophy on environmental regulation and enforcement
  2. Describe real-world examples of the current Administration’s deregulatory push in the environmental arena
  3. Explain how the shift in environmental law has affected states and NGOs

Credit Information

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Benjamin Tannen

Consolidated Edison Company of New York

Benjamin Tannen is a senior staff attorney in Consolidated Edison Company of New York, Inc.’s Law Department’s environmental group.  At Con Edison, Ben works on issues related to remediation and environmental compliance under federal, New York State, and New York City environmental laws, including air requirements.  Previously, Ben worked as an associate in Sidley Austin LLP’s environmental group in its Washington, DC and then New York, NY offices.  At Sidley, Ben represented clients in regulatory environmental matters and in civil and criminal environmental enforcement, including matters involving the Clean Air Act’s New Source Review and Section 111 programs.  Ben is a member of the steering committee of the Environmental Law Institute’s Emerging Leaders Initiative, a vice chair of the American Bar Association’s Environmental Enforcement and Crimes Committee, and a member of the New York City Bar Association’s Environmental Law Committee.


Robert M.

Good coverage and updates.

John G.

superb - well done

Daniel O.

Thorough and cogent coverage of subject; interesting program.

Sasha S.

Great speaker and comprehensive materials

Karl M.

Comprehensive survey, very useful

Andrew S.


Ashley Smith A.

good update

Joseph L.

A really impressive speaker in terms of his substantive knowledge as well as a balanced approach

Karen S.

Mr Tannen covered alot of complicated ground very well done. Appreciated the substantive regulatory and enforcement update since the April 2018 CLE.

William S.

Thank you for a fine overview.

Karen K.

This presenter was VERY knowledgeable. This is not my area of expertise, but it was still informative and interesting.

Kristin R.

Good overview; hit the highlights in a short amount of time.

Thom G.

Informative update!

ken b.

good one

Joseph H.

Good speaker

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