Legal, Technical, and Strategic Considerations for Environmental Justice Under CERCLA
1h 1m
Created on September 20, 2023
Intermediate
Overview
For the last few years, environmental justice (EJ) has been one of the most visible topics in environmental protection and regulation. To date, the principal avenue for enforcement has been through permitting programs, such as those required under NEPA, the Clean Air Act, and the Clean Water Act. For attorneys working in CERCLA, EJ intersects existing provisions related to community involvement, community acceptance, and Supplemental Environmental Programs. Two requirements of the National Oil and Hazardous Substances Contingency Plan (NCP; 40CFR Chapter I, Subchapter J) are: 1) Section 300.430(e)(c), which lays out expectations for community relations during the investigation and cleanup process and 2) Section 300.430(e)(9)(iii)(I), which lists "community acceptance" as one of the 9 NCP criteria that require consideration during remedy selection. Neither requirement is new and neither requires different actions depending on a community's EJ status. Thus, whether and the extent to which EJ considerations are factored into Superfund cleanups is largely voluntary and often depends on the knowledge and engagement of the individual communities, as well as the commitment of Responsible Parties. This webinar explores the voluntary actions that may be considered for Superfund investigations and cleanup in and near communities with EJ concerns, as well as on taking a proactive approach to EJ.
Learning Objectives:
Review the fundamentals of EPA's EJ program
Identify the intersection between existing provisions of CERCLA and EJ opportunities
Explore technical and strategic considerations for taking action to advance EJ at Superfund sites
Credits
Faculty
Bridgette DeShields
Principal Scientist | Integral Consulting
Ms. Bridgette DeShields has more than 35 years of experience and is a specialist in site investigation and remediation, sediment and water quality management, environmental toxicology, and environmental permitting and planning. Her work has been focused on sediment assessments and waterfront projects with natural resource components and complex regulatory frameworks. Ms. DeShields also has expertise in prepared environmental documents under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). She has provided litigation support and expert testimony in the areas of water quality, regulatory compliance, human and ecological risk assessment, waste disposal under California and federal regulations, and Superfund cost allocation. She has developed excellent working relationships with regulatory agency staff and natural resource trustees as well as tribal representatives and stakeholder groups. She has also made numerous presentations and led public meetings to explain complex risk issues and address environmental justice concerns. Ms. DeShields has a B.S. in Biochemistry from UC Davis and an M.S. in Environmental Management for the University of San Francisco.
Miranda Henning
Managing Principal and Business Director | Integral Consulting Inc.
Miranda Henning is a 30+ year veteran environmental consultant who helps clients in the regulated, legal, governmental, and nonprofit communities quantify and mitigate the risks posed by chemicals in the environment, home, workplace, diet, and consumer products. A certified senior ecologist and board-certified environmental scientist (ecotoxicology), she has developed and applied innovative techniques to characterize the effects of and identify solutions for remediating environmental releases of per- and poly-fluoroalkyl substances, petroleum hydrocarbons, PAHs, polychlorinated dibenzo-p-dioxins and dibenzofurans, PCBs, mercury and other metals, and pesticides. Her recent focus has included community engagement and environmental justice at contaminated sediment sites throughout North America. Ms. Henning has contributed to nearly 100 guidance documents, scientific publications, and technical presentations.
Jeffrey Talbert
Partner | Arnold & Porter
Jeffrey Talbert is an accomplished trial attorney and environmental lawyer who focuses on environmental litigation, permitting, and risk management. He also serves as a mediator and allocator of costs at Superfund Sites and has significant experience in all major environmental statutes.
Prior to joining the firm, Jeff led the environmental group at a Chambers-ranked law firm and was a Trial Attorney at the U.S. Department of Justice’s Environmental Enforcement Section. At the U.S. DOJ, he led one of the largest Clean Water Act cases in U.S. history, the first Clean Air Act case under EPA’s pulp and paper initiative related to New Source Review, the largest Natural Resource Damages case under the Park Service Resource Protection Act, and numerous CERCLA and RCRA cases. Jeff received numerous awards for his work, including EPA's Gold Medal for exceptional service.
Jeff’s extensive public service and private practice experience includes working on over 70 CERCLA/Superfund or RCRA sites across the United States, including cases involving contaminated sediments and natural resource damages. He has also led cases involving the Clean Water Act, the Clean Air Act, the Natural Resources Protection Act, and the Endangered Species Act.
Jeff has significant first-chair trial experience in complex commercial cases, including several with exposure over a billion dollars. He is lead trial counsel for a group of 70 parties in litigation involving potential responsibility for cleanup costs at the Lower Passaic River estimated at over $2 billion. Jeff’s commercial trial experience includes cases involving environmental laws, antitrust, securities, patents, trademark, contract disputes, and anti-terrorism.
Claire Woods
Director of Environmental Justice Policies and Programs and Senior Attorney | Greenfield Environmental Trust Group, Inc.
Claire develops and implements policies to address the disproportionate environmental and economic burdens endured by people and communities harmed by legacy contamination at Greenfield Multistate Trust sites. She also handles legal affairs and advising for select Greenfield Trust sites. Before joining Greenfield, Claire was a member of the Litigation Team at the Natural Resources Defense Council, where she led litigation and advocacy efforts to secure safe drinking water, curb air emissions, protect species, and maintain critical environmental protections for communities. Claire also served as a trial attorney in the U.S. Department of Justice Environmental Enforcement Section, where she represented the United States in lawsuits to enforce the Clean Air Act and the Clean Water Act, and to recover costs under CERCLA. Claire earned her BA in history from Stanford University and her JD from Columbia Law School.
Reviews
Recent Reviews
I appreciate the speakers' collective knowledge and experience; the attention to community engagement (including best practices); and course materials for further exploration. First CLE I've seen that directly addresses relationship between CERCLA and Environmental Justice concepts, and how to leverage CERCLA principles and practices for the benefit of EJ communities. Thank you!
Claire Woods' instruction was concise, intelligent, and impressive. Great course.
Great panel
Really great materials
Really interesting topic and great presenters.
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