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Recent Developments in Clean Air Act Law (2020 Update)

(154 reviews)

Produced on June 15, 2020

$ 89 Environmental and Oil, Gas, & Energy In Stock
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Course Information

Time 1h
Difficulty Intermediate
Topics covered in this course: Environmental Oil, Gas, & Energy

Course Description

This course, taught by Sidley Austin LLP partner David Buente and Benjamin Tannen, a senior staff attorney in the Consolidated Edison Company of New York, Inc.’s Law Department’s environmental group, will provide an overview of recent developments in federal Clean Air Act law. The program will analyze key topics related to Title I stationary sources, including proposed and finalized regulatory changes and guidance in areas such as Section 111 climate change regulations, the New Source Review Program, the Risk Management Program, and others. The course will also discuss recent developments related to Title II mobile sources, including vehicular fuel economy standards, the Trump Administration’s withdrawal of California’s waiver to set its own vehicular greenhouse gas emissions standards, and enforcement trends, including against defeat devices. Finally, the program will cover recent litigation related to these regulatory changes.

Learning Objectives:

  1. Review the current Administration’s impact on several key Clean Air Act programs
  2. Analyze how litigation over the Administration’s changes to Clean Air Act programs might affect the success of those changes
  3. Describe recent shifts in the Clean Air Act enforcement priorities 

Credit Information

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David Buente

Sidley Austin LLP,

DAVID BUENTE, co-leader of Sidley’s Environmental group, represents clients in complex environmental litigation and rulemaking matters, with an emphasis on Clean Air Act (CAA), Clean Water Act, CERCLA (Superfund) and RCRA, environmental criminal and toxic tort litigation. Building upon his 15 years as an environmental prosecutor, including at the Department of Justice (DOJ) where he served as Chief, Environmental Enforcement Section, corporations—including American Electric Power, CSX, Duke Energy, Exxon Mobil, General Electric, Ford Motors, Honeywell, Norfolk Southern, Tyson Foods and Verizon —turn to David for representation in complex federal environmental enforcement matters with DOJ and EPA and in defending toxic tort claims by states and private parties.

David's recent experience includes:

  • Handling CERCLA cases for remedial costs and natural resource damage claims.
  • Defending a number of companies in Clean Air Act New Source Review enforcement litigation with DOJ/EPA, State AGs and NGOs. 
  • Representing companies and trade associations in successfully defending against precedent-setting common law torts-based claims including over carbon dioxide emissions. 
  • Convincing federal prosecutors to decline pursuit of environmental criminal investigations for several clients and defending against prosecutions. 

A recognized leader in his field, David has been named the Best Lawyers’ 2015 Washington, D.C. Environmental Law “Lawyer of the Year,” an accolade awarded to only a single lawyer in each practice area and geographic region; he also received this recognition in 2012–2014. He has been named by Chambers USA as one of the nation’s Leading Lawyers since 2006. In the 2015 edition of Chambers, David is praised as “extremely well grounded in the substance of a matter, and is somebody you can turn to in a situation as he keeps his head and keeps his focus.” The Legal 500 lists David as a leading lawyer in the product liability and mass tort defense: toxic tort category. The 2015 edition of Chambers includes David in its top-tier of Washington, D.C.’s environmental lawyers, noting that “According to his peers, in the area of civil and criminal enforcement, ‘no one has as much knowledge of the issues and history of those issues as’ David Buente.” Chambers also includes David in its nationwide list of top Product Liability & Mass Torts lawyers, acknowledging that he “is highly regarded throughout the market, earning praise as a fantastic litigator.”

David also regularly is named in other surveys of private sector lawyers, including: Who’s Who Legal USA: EnvironmentPLC: Which Lawyer? and The Legal 500 US. In 2016, Who’s Who Legal named David the 2016 Environmental Lawyer of the Year. David is an elected member of the American College of Environmental Lawyers and of the National Trial Lawyers “Top 100.”

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.


Sharron P.

This course was very informative. As an Air Pollution Control Professional, the update will help me in my day to day case development. The Mobile Source Overview was very interesting.

David P.

Interesting but not relevant to practice areas.

Geoffrey K.

Very good overview of recent developments.

John A. M.

Excellent, well-organized, well-presented update on a complex env. law topic.

Michael W.

Great course

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