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 The Toxic Torts and Environmental Law Committee addresses all issues relating to litigation and regulation involving toxic tort, hazardous waste, chemical and pharmaceutical exposure. Also studies environmental liability matters; compliance with environmental laws; and insurance coverage relating to these issues.

Past Teleconferences
Friction Asbestos Cases in Jeopardy? Opposing Views of the Philadelphia Frye Ruling
Tuesday, May 5, 2009
1:00 - 2:30 p.m. EDT

Last September, another round in the battle was decided, at least temporarily, between asbestos plaintiffs and the automotive component manufacturers and suppliers known as “friction defendants.” This battle was fought locally, but involved both national and local firms submitting five days of legal argument and testimony from some of the most well known experts in asbestos litigation. The Consolidated Frye Motion to Exclude Plaintiffs’ Expert Causation Testimony and subsequent hearing were presented before Judge Allan L. Tereshko in the Philadelphia Court of Common Pleas, Philadelphia, Pennsylvania. When the “dust” cleared and the issue was considered---over one year after the initial motion was filed---Judge Tereshko ruled in favor of the friction defendants, issuing a 54-page opinion.

Presentation Overview:
• The overview of the Frye motion and hearing
• Opposing views of the legal merits of Judge Tereshko’s opinion
• Interpretation of the ruling and its impact on the litigation against the friction defendants in Philadelphia
• The state-wide implications, its relationship to the sister ruling from Pittsburgh currently on appeal, and the broader regional implications of the local ruling

For more information and to view the complete flyer, click here

Hot Topics in Energy Resource Development & Litigation on Tribal Lands
Tuesday, March 10, 2009
1:00 - 2:30 p.m. EDT

Due to the recent significant expansion of environmental projects located on Indian tribal lands in various areas of the United States, there is a need for environmental transactional and litigation attorneys to grasp the basic sovereignty issues involved in these projects. In addition, there are new regulations issued by the Bureau of Indian Affairs which dramatically shortcut the typical lengthy process for compliance with various federal environmental laws such as NEPA and the Endangered Species Act. Siting an environmental project on Indian tribal land presents unique and exciting opportunities for clients seeking a much more rapid path of regulatory approval of projects. At the same time, these projects have inherent pitfalls and challenges which must be understood by attorneys embarking into this practice area.

For more information and to view the complete flyer, click here

18TH ANNUAL SPRING CLE MEETING
It is with great pleasure that I invite you to join the Toxic Torts and Environmental Law’s (TTEL) 18th Annual Spring Meeting at the Arizona Biltmore Resort & Spa. Known throughout the world as the "Jewel of the Desert," the Arizona Biltmore Resort & Spa provides a restful oasis of 39 acres covered with lush gardens, glistening swimming pools, and Frank Lloyd Wright-influenced architecture. With its location in the heart of Phoenix, the Arizona Biltmore has been a favorite of celebrities and U.S. presidents throughout its colorful history. The TTEL Committee is pleased to be returning to the Arizona Biltmore for a long weekend of work and play.

This year’s program brings together a wonderful combination of cutting-edge issues and revisits popular topics from prior programs. The program includes panels dedicated to discussing ethical issues related to recent advancements in genetic testing and expert issues relating to signature injuries and causation. Additional panels deal with the impact of nanotechnology on human health and environment and interstate air quality litigation. The Honorable Cynthia Rufe will preside over a continuation of last year’ s Daubert Hearing, and the attendees will be able to observe actual jurors deliberate on issues raised by testimony provided in Judge Rufe’s “court.” I am excited by the international flavor to this year’s program with panels looking at cross-border environmental disputes between Canada and the United States as well as Mexican environmental law and policy following two decades of NAFTA. Finally, we are honored to welcome key note speaker Tracey LeBeau of Red Mountain Tribal Energy who will be speaking at Friday’s banquet. As always, the Biltmore will provide a platform for great networking and relaxation. Golf, tennis, swimming and hiking, are just some of the many events that make the Biltmore a wonderful Spring break for adults and children alike. We look forward to seeing you and your family at the Biltmore!

For 18th Annual Spring CLE Meeting Brochure

For 18th Annual Spring CLE Meeting Electronic Brochure

TOXIC TORTS AND ENVIRONMENTAL LAW COMMITTEE’S 2008 SPRING MEETING WAS A HUGE SUCCESS
If you were not at the 17th Annual Spring Meeting April 10th to 12th, 2008, you missed a fabulous program. Once again, this year’s meeting was at the world famous Biltmore Resort in Phoenix, AZ. An innovative program entitled "Convergence of Worlds: Kryptonite and Other Toxins in the Courtroom—A Forum for Lawyers, Scientists and Judges" featured a fictional class action lawsuit involving "Kryptonite" released into the ground water and air at a plant and surrounding community. Unlike other Toxic Tort seminars, this program presented interactive panel discussions, with questions from the floor, as opposed to the "talking head" format found at so many other seminars—and all for a less expensive registration fee. The panels included defense counsel, plaintiff’s counsel, insurance in-house counsel, judges, government employees, and scientific experts.

Two of the highlights this year involved panels presided over by District Court judges. On the first day a mock Daubert hearing was presided over by the Honorable Cynthia Rufe, U.S. District Court Judge for the Eastern District of Pennsylvania. Plaintiff’s counsel, Dean Hartley, and defense counsel, Kevin Colbert, conducted direct and cross-examinations of two experts. Judge Rufe made her ruling from the bench precluding plaintiff’s expert, but leaving the room open for additional discovery. On the second day, the Honorable Nora Barry Fischer, U.S. District Court Judge for the Western District of Pennsylvania presided over a panel of defense, insurance, and plaintiffs’ counsel who discussed the mock mediation of the class action. A third panel in the "Kryptonite" scenario discussed ethical issues involving the discovery of the contamination, from the plaintiff and defense counsel standpoint, as well as from the scientific expert consultant standpoint.

In addition to the "Kryptonite" panels, the other panels were: a panel of leading experts discussing the critique and interpretation of scientific studies; a panel discussing current issues concerning stormwater compliance that included both practical engineering matters and David Cozad of the EPA enlightening all of us on current actions of the EPA to enforce the standards; winning the causation battle presented from the plaintiff’s vantage point by Attorney Raphael Metzger and from the defense side by Attorney Carl Butler; and finally a panel addressing the hot topics of lead, pharmaceuticals/endocrine disrupters, and arsenic.

We are already in the planning stages for next year’s program. Some early proposals call for a Kryptonite II (since Judge Rufe’s "ruling" allowed for more discovery) with additional mock trial demonstrations. Next year’s meeting will be April 2-4, 2009 back at the Arizona Biltmore in Phoenix. Mark you calendars for what is sure to be another exciting program. If you are interested in working on the program, contact next year’s program chair, Stanley Goos of Harris Beach PLLC at 212-687-0100 or sgoos@harrisbeach.com.

For Convergence of Worlds Brochure

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