From the Outgoing Chair

Peter Wright
Retiring Chair, In-House Counsel Committee
pcwright@dow.com

It has been my pleasure and honor to serve as the Committee’s chair over the past two years. I very much appreciate the commitment of time and talent made by the vice-chairs who have served on the Committee. I especially would like to recognize the Committee’s long time editor of this newsletter, Jim Arnold, who through his extraordinary effort over the last few years has established the Committee’s newsletter as a very valuable source of information and insight for the Committee’s membership about matters of importance to in-house counsel. Finally, I would like to thank the members of the Committee for their the work, ideas and interest that have made the Committee’s newsletter and programs so successful and the time that I have spent with the Committee so enjoyable and fulfilling.

The Committee has had a busy and productive year so far and already has in the works plans and programs for 2003. In this column I would like to let you know some of what we have done and what we will be doing. Following my message is a message from the new chair, Alexandra Dunn. I am continuing my involvement in the Committee leadership as the Programs vice-chair for 2002-2003.

2002 Keystone Conference
As the Committee’s Technology vice-chair and a member of the 31st Annual Conference on Environmental Law (2002 Keystone Conference) Planning Committee, Alexandra Dunn, oversaw the very successful panel presentation entitled “Environmental Incident Management: Real World Advice for Real World Crises.” The panel used a hypothetical fact pattern to discuss the emergency response roles of in-house counsel, outside counsel, state and federal personnel, and communications experts in emergency response planning, prevention, crisis communication, and post-incident litigation. The panelists addressed release reporting, maintenance of legal privilege, state and federal investigations and inspections, media communications, crisis management, community relations, and the often all-consuming post-incident litigation. The panel included moderator Walter L. Sutton, University of Texas at Dallas, and panelists Mark Tucker, Dow Chemical, Midland, Michigan; Erin Donovan, DecisionQuest, Washington, D.C.; John P. Manard, Phelps Dunbar, New Orleans; and Greg Cooke, the administrator of USEPA Region 6.

There will be a true focus on in-house counsel and corporate environmental stewardship at Keystone 2003. Alexandra has kept our committee active as a Co-chair of the Planning Committee Keystone 2003. It is not too soon to mark your calendar for March 13-16, 2003!

2002 Section Fall Meeting
The 10th Section Fall Meeting was held in October 2002 in Portland, Oregon. Our Committee co-sponsored a panel discussion with the Ethics Committee (chaired by in-house counsel Susan Ponce). The panel discussed the role of in-house and outside counsel in meeting the conflicting obligations regarding the disclosure of sensitive corporate information related to the environment, health and safety. The myriad of disclosure requirements that corporations face with respect to environmental, health and safety matters were addressed. Finally, the panel reviewed the challenges of complying with the law, fulfilling one’s legal ethical obligations, meeting the public’s expectations, protecting corporate intellectual property and keeping one’s job.

The moderator for the panel was Professor Carl Pierce of University of Tennessee. The panelists were Susan Ponce, assistant general counsel at Hallibuton; Michael Levy, Partner, Swidler Berlin Shereff Friedman LLP; and Dale Jensen, national partner-in-charge, Environmental Dispute Analysis & Advisory Services, PricewaterhouseCoopers LLP.

Future Programs
We are thinking about programs in 2003 that will address the new responsibilities that are being imposed upon in-house counsel – and particularly those of us who work for publicly traded companies – and how those obligations arise in the context of the environmental, energy and natural resource practice areas.

Brown Bags
The Committee presented a very successful “Quick” Teleconference Brown Bag program on Sept. 12, 2002 in conjunction with the Superfund and Hazardous Waste Committee and the Environmental Transactions, Audits, and Brownfields Committee. The teleconference program, entitled “Preventing RCRA Headaches: Practical Tips For Maximizing Compliance and Minimizing Exposure,” was well-received. More than 100 people participated in the audience throughout the United States. Speakers included moderator Sara Beth Watson, of Steptoe & Johnson, LLP, in Washington, D.C. and speaker Kenneth M. Kastner, of Hogan & Hartson, LLP, also in Washington, D.C.

The Committee is exploring partnering with other Section committees on brown bags in 2003. Don’t hesitate to contact me or any of the vice-chairs with your teleconference program ideas.