Webcast

Surface Impoundments and the Coal Ash Rule: Past, Present, and Future

Streams live on Thursday, April 23, 2020 at 01:30pm EDT

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Course Information

Time 60 Minutes
Difficulty Intermediate

Course Description

In 2015, USEPA promulgated an extensive set of rules designed to regulate the storage and disposal of coal combustion residuals (CCR or Coal Ash). Since then, the Coal Ash Rule has been the subject of intense public scrutiny, multiple courts battles and repeated supplemental rulemaking by USEPA.

This course presented by Tony Hopp of Steptoe & Johnson LLP, will focus on the impact of the Coal Ash Rule of surface impoundments storing CCR at active and closed sites. It will provide an overview of the Coal Ash Rule as it impacts the surface impoundments describe how the Coal Ash Rule has changed as a result of citizen suits and subsequent EPA rulemaking, and provide some insights into the future of the Coal Ash Rule.



Learning Objectives:

  1. Review the origin and content of the Coal Ash Rule
  2. Discuss how RCRA citizen suits and supplemental rulemaking impact the rule and its implementation
  3. Identify potential defenses to citizen suits and the newly proposed “permit shield” defense

Credit Information

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Faculty

Anthony G. Hopp

Steptoe & Johnson, LLP

Anthony Hopp is an experienced trial lawyer who represents clients in complex commercial, environmental, and mass tort matters. Tony handles all phases of single plaintiff, multi-plaintiff, and class action claims, and has tried multiple cases to verdict in state and federal courts. He has also argued and won appeals in Illinois, California, New York, Nebraska, and the US Court of Appeals for the Seventh Circuit. Some of these matters include defeating class certification for medical monitoring after a multi-day evidentiary hearing, obtaining defense verdicts on medical monitoring claims in a subsequent jury trial, securing defense verdicts in five TCE groundwater contamination claims after a three week jury trial, negotiating a favorable settlement after a two week class action trial involving TCE groundwater contamination, and obtaining multiple preliminary injunctions in cases involving Lanham Act violations, trade secret claims, and breaches of post-employment restrictive covenants.

Over the course of his career, Tony has handled a wide variety of litigation and counseling engagements. His litigation experience includes mass tort matters, CERCLA cases, consumer class actions, insurance coverage disputes including bad faith, unfair competition and Lanham Act claims, trade secret claims, patent claims, actions for violation of non-compete and non-solicitation agreements, employment discrimination claims, shareholder derivative claims, dealership termination cases, medical malpractice cases, forcible entry and detainer cases, housing discrimination and zoning litigation. His counseling experience includes risk management and product stewardship issues, product recalls, environmental audits, internal corporate investigations, and local siting of solid waste management facilities.

Tony has been on the Board of Directors of the Lawyers’ Committee for Better Housing (LCBH) since 2006. In 2005, he received the LCBH Volunteer of the Year award. Starting in 2009, he served as president of the Board of Directors for five years.