http://www.abanet.org/environ/ The Latest Information About ABA Section of Environment, Energy, and Resources en-us Copyright 2006 American Bar Association. All rights reserved. Friday, 15 December 2006 13:00:00 EDT http://www.abanet.org/environ/img/logosmall.gif http://www.abanet.org/environ/ 75 60 Natural Resource Damage (NRD) represents a significant environmental liability concern to all parties involved in the generation, transportation, and disposal of oil or hazardous substances. Energy, mining, transportation, manufacturing and disposal companies increasingly find themselves concerned with liabilities for restoration of the environment to "background" or "but for the release" conditions. This presentation will help orient attorneys to some of the technical and scientific issues associated with the following key NRD activities: injury assessment, economic valuation, and restoration. http://www.abanet.org/environ/programs/environsci07/ Mon, 11 Dec 2006 18:47:37 GMT Under the Clean Air Act (CAA), EPA regulates emissions of fine particulate from stationary and mobile sources as a criteria pollutant, and regulates other chemicals as hazardous air pollutants from specific categories of stationary sources. As are other EPA program offices, EPA's Office of Air and Radiation is now assessing how best to address ambient releases of engineered nanoscale materials. Whether EPA determines to regulate these materials as potential criteria pollutants under CAA Sections 110, as potential hazardous air pollutants under CAA 112, or pursue some other regulatory strategy has important legal, policy, and commercial implications. The utility of engineered nanoscale materials as potentially promising fuels additives is also under review, as are the potential health impacts of these materials for CAA Section 211 purposes. EPA is well aware of the technological challenges posed by emission controls, monitoring, and quantification arising from the quantum scale and the unique properties of these potential pollutant emissions. Similarly, EPA recognizes the environmental benefits offered by engineered nanoscale materials in the areas of sensor technology, air contaminant detection and characterization, and related air management areas. How EPA balances these potentials and risks and benefits is unclear. http://www.abanet.org/environ/programs/teleconference/nanotech/session3/ The Section of Environment, Energy, and Resources (SEER) is pleased to announce the application deadlines for the summer 2007 Fellowships in Environmental Law. This program for environmental justice is coordinated with not-for-profit environmental organizations, and local, state and federal governmental organizations which provide placements for our summer Fellowship recipients. The internship helps to promote diversity and provides opportunities for traditionally underrepresented students. The program is open to first and second year law students, or third year night students. The internship is an 8-10 week commitment, and a $5,000 stipend is awarded to recipients. http://www.abanet.org/environ/committees/lawstudents/2007minorityfellowship/ Transboundary Conflicts http://www.abanet.org/environ/mo/premium-nr/nre/summer06/ The Section is pleased to announce Legacy, Inc., Partners in Environmental Education as the recipient of the 2006 American Bar Association Award for Excellence in Environmental and Resources Stewardship. This award recognizes achievement or leadership in areas of sustainable development or environmental or resources stewardship. http://www.abanet.org/environ/sectaward/2006/ The Section is now offering several of its Quick Teleconferences as Podcast/MP3 Downloads through the ABA Web Store. http://www.abanet.org/environ/programs/pastcle.html The Section is pleased to make available the results of a comprehensive review of the core federal environmental statutes to assess the suitability of each to address issues pertinent to human health and the environment arising from applications of nanotechnology. Earlier this year, the Section offered to brief representatives of the U.S. Environmental Protection Agency (EPA) Office of General Counsel (OGC) and pertinent other EPA representatives in EPA program offices on legal and regulatory issues arising in connection with the application of existing statutory and regulatory authorities to engineered nanoscale materials. http://www.abanet.org/environ/nanotech/ On Monday, June 19, 2006, the United States Supreme Court announced its decision in the much-awaited cases of Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers. Justice Scalia wrote the opinion for the Court, joined by Chief Justice Roberts and Justices Thomas and Alito. This decision found that the terms "waters of the United States" and "navigable waters" in the Clean Water Act do not apply to intermittent streams. The Sixth Circuit decision was vacated. The much-debated issue of scope of Congress' power under the Commerce Clause was not reached. Justice Kennedy concurred in the judgment, finding that more examination is required of the nexus between wetlands and navigable tributaries. Justice Stevens wrote a dissenting opinion, joined by Justices Souter, Ginsburg and Breyer. http://www.abanet.org/environ/ On Monday, May 15, 2006 the U.S. Supreme Court announced its ruling in S.D. Warren Co. v. Maine Board of Environmental Protection. The decision, written by Justice Souter, states that a federally licensed hydroelectric facility requires state water quality certification. The opinion centers on the Court's interpretation of the term "discharge" under the Clean Water Act, and upholds the states' authority to regulate federally-licensed facilities that may adversely affect water quality, even if the impact results from alterations in flow rather than the addition of pollutants. The decision was unanimous, though Justice Scalia wrote separately. http://www.abanet.org/environ/ New updates added. http://www.abanet.org/environ/committees/envtab/ejupdates.html New Book Released. http://www.abanet.org/environ/pubs/books/catalog/home.html