On Demand Audio

Environmental Policy Directives from the Oval Office - Executive Orders and Other Presidential Instruments

Produced on April 16, 2019

Taught by
$ 59 Environmental Law, Oil, Gas, & Energy Law, and Administrative Practice In Stock
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Course Information

Course Description

This program will review the executive powers of the President of the United States, with a focus on the authority of the President to issue executive orders and on non-agency directives and interpretive rules. The program first addresses concerns and developments from within EPA, the Army Corps, the Department of the Interior, and the federal courts, including efforts to modify or rescind Obama-era regulations regarding environmental and natural resource-development related rules and policies. Some are favorable for the Administration and some are not, given the occasional conflict between the Administrative Procedures Act and executive branch's exercise of their policy prerogatives.

Then, attorney Paul Seby will outline the constitutional basis for executive powers and provide a historical snapshot of how the use of executive powers evolved throughout time. The presentation will provide a detailed discussion of current limits of executive powers by examining judicial precedent. Finally, the presentation will consider recent executive orders issued by President Donald J. Trump, with commentary on how challenges lodged against those executive orders may progress in light of judicial precedent examined in the presentation.


Learning Objectives:

  1. Address recent federal court activity related to the EPA
  2. Provide an update on evolving issues
  3. Examine recent executive orders through the lens of judicial precedent
  4. Identify issues in the current regulatory landscape


Credit Information

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Faculty

Paul M. Seby

Greenberg Traurig, LLP

Paul Seby is a leading practitioner in the Rocky Mountain region, with nearly 25 years' experience analyzing a myriad of environmental issues. He counsels public and private clients in the energy, mining, manufacturing, and service industries on how to navigate and successfully operate within the complex framework of state and federal environmental regulations and policies. Mr. Seby has vast experience prosecuting cases to enforce and overturn administrative agency regulations and decisions, and has defended clients in federal and state enforcement proceedings, in appearances before the U.S. Supreme Court, several U.S. Courts of Appeal, and the Colorado Supreme Court, among others. Bearing in mind that a successful outcome is often a combination of traditional and non-traditional legal strategy, Mr. Seby leverages his experience to negotiate with government agencies and adversary groups.

Whether a lending transaction, M&A transaction, or other business venture, clients across the country trust Mr. Seby to draw upon his comprehensive understanding of how government programs and agencies function to identify existing and potential environmental pitfalls they may face in achieving their business goals. He efficiently and effectively guides his clients in developing practical, workable solutions that overcome legal and business challenges, and has been recognized for his work by many leading legal publications.

Concentrations:

  • Environmental litigation 
  • Energy and regulatory compliance
  • Climate change
  • Governmental affairs and investigations