Un-Muddying the Clean Water Act: Clarifying the Scope of the Waters of the United States

11/25/2014 - 12:30PM to 1:30PM
In response to confusion stemming from the Supreme Court’s narrow reading of Clean Water Act jurisdiction, EPA and the Army Corps of Engineers have proposed a rule defining the scope of the "waters of the United States." Margery Adams, Senior Enforcement Counsel for EPA, will help us understand what the proposed rule does and does not do....
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MassDEP Organics Regulations: What You Need to Know

11/24/2014 - 12:30PM to 1:30PM
This presentation will be about regulating organic materials. MassDEP instituted a disposal ban starting October 1, 2014 for businesses and institutions generating more than 1 ton a week of organic materials....
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Ecuador v. Colombia: Aerial Spraying, the US, and the Role of the International Court of Justice

11/21/2014 - 12:30PM to 1:30PM
Panelists will discuss Ecuador's challenge before the ICJ to Colombia's US State Department-funded aerial spraying program aimed at coca eradication....
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Boston Gas: Five Years Later

11/18/2014 - 12:30PM to 1:30PM
This year marks the five-year anniversary of the seminal SJC ruling in Boston Gas v. Century Indemnity Co., 454 Mass. 337 (2009). In this program, a distinguished panel -- including several attorneys involved in the original Boston Gas litigation -- will review the decision's significance, discuss its impact, and survey the questions it left unanswered. Those questions include, for example, whether the SJC's pro rata rationale should apply to defense costs, or only to indemnity; whether it should extend to bodily injury (as well as property damage) claims; how the coverage block should be determined; and the means by which insureds may avoid pro rata allocation by a factual attribution of injury to particular policy years....
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The City of Boston's Policy and Initiatives on Climate and Energy

11/17/2014 - 12:30PM to 1:30PM
Our panelists will discuss the City of Boston's efforts in the areas of climate change, energy efficiency and environmental management....
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CLE - Trying Environmental and Land Use Cases: Draw Me the Line; See What I Mean; Hear What I Say

11/13/2014
Know the most effective tactics when trying an environmental and land use case. After this program, attendees will know how to find and present the best maps and "map readers" for proof in your case; how to best present non-narrative evidence; and how to succeed in presenting expert testimony....
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Update on Stormwater Permitting in USEPA Region 1

11/07/2014 - 12:30PM to 1:30PM
USEPA Region 1's Stormwater Coordinator, Thelma Murphy, will provide an update on stormwater management priorities and initiatives in Region 1. ...
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Energy Policy and Legislation: Wish List for the Incoming Administration

11/06/2014 - 12:30PM to 1:30PM
Do you have a wish list for the incoming administration’s energy policy and legislative agenda? Join the discussion about the upcoming Nov. 2014 election results, and how the results may change energy policy in Massachusetts. Panelists will lead a discussion on the predictions and wishes for the incoming administration’s energy policy and legislative agenda. Networking reception to follow....
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Franklin Park Clean Up

10/25/2014 - 08:00 AM to 12:00 PM
We partner up with the Franklin Park Coalition’s Woodland Volunteer Team. The morning is spent helping to plant native understory plants in Franklin Park and removing invasive species. This is an excellent opportunity to enjoy the company of fellow new lawyers in a non-professional setting. We will be meeting at the Valley Gate Parking Lot in Franklin Park at 10am....
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A Discussion of the Draft Massachusetts Ocean Management Plan Update with CZM Director Bruce Carlisle

10/21/2014 - 12:30PM to 1:30PM
Our panelist will discuss the implementation of the 2009 Massachusetts Ocean Management Plan and the draft update to the plan, which was released on September 24. Attendees will learn how to advise clients seeking permits for offshore activities about the requirements of the Ocean Management Plan and the implications of the update currently underway. ...
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Volunteer on the Farm: The Food Project Serve & Grow

10/18/2014 - 09:15 AM to 12:30 PM
Join your BBA colleagues for a morning outdoors working on the farm and supporting The Food Project. The Food Project is a non-profit devoted to promoting sustainable food systems. The Food Project Serve & Grow Program is focused on growing food for hunger relief organizations and local distribution....
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Waste Not, Want Not: Using Innovation and Technology to Reduce Food Waste in Massachusetts

10/16/2014 - 12:30PM to 1:30PM
Recently a statewide commercial food waste disposal ban regulations went into effect on October 1, 2014. This program will provide an overview of the ban and some insights in ways that the affected community can deal with it in ways that promote other environmental goals and the food needs of underserved communities. ...
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Environmental Law Section Fall Hike

10/03/2014 - 7:00AM to 7:00PM
The Environmental Law Section invites you to attend its annual day of fall foliage hiking in the White Mountains of New Hampshire. This year, to celebrate the 50th anniversary of the passage of the Wilderness Act (Sept. 1964), we will be hiking into the Sandwich Range Wilderness. From the village of Waterville Valley, we will do a scenic loop hike up the Sandwich Mountain Trail to the ledges near the top of Jennings Peak 3,440’) and then down the Drakes Brook Trail to the starting point. This is a very nice, moderate day hike of 6.5 miles with about 2,150' of elevation gain. While segments of the trail run steeply uphill and require strenuous hiking, most of the trail is only moderately uphill/downhill, with a few flat stretches. Nevertheless, the hike does require some endurance. We expect that the hike will take about 5 hours, including time for lunch up on the Jennings Peak ledges....
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Federal Court Cases at the Nexus of Climate and Energy: A Summer Round-Up and a Look Ahead

09/22/2014 - 12:30PM to 1:30PM
The panelists will provide an overview of some of this summer’s significant cases, including the Supreme Court’s decision regarding EPA's authority to regulate greenhouse gases through Prevention of Significant Deterioration or Title V permits....
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Taxes, Charities, Conservation Land, Biodiversity, and Climate Change Unite in New England Forestry Foundation, Inc. v. Board of Assessors of Hawley

06/23/2014 - 12:00PM to 1:00PM
This program will discuss the Supreme Judicial Court’s recent decision in New England Forestry Foundation, Inc. v. Board of Assessors of Hawley, a case with implications for thousands of acres of conservation land and municipal tax revenue....
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EPA’s Proposal to Regulate Carbon Dioxide Emissions from Existing Power Plants: What Does it Mean & What Could Come Next

06/19/2014 - 12:30PM to 2:00PM
EPA’s much anticipated proposal for regulating carbon dioxide emissions from existing power plants involves a state-driven system in which the desire for flexibility contributes to complexity. Join us as Kate Konschnik, Director of Harvard’s Environmental Policy Initiative, discusses the structure and unique attributes of the proposed regulations and prognosticates as to how recent and upcoming court decisions could impact challenges to the rule....
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Highlights of the Environmental and Energy Legislation Proposed During the 2013-2014 Session

06/17/2014 - 12:30 PM to 01:30 PM
The 2013-2014 legislative session has been a busy one in terms of energy and environmental policy. Our speakers will provide an overview of key legislation, from the state budget, to water infrastructure legislation, to a host of energy-related bills. Come get up to speed!...
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A Perspective on Environmental Law with EPA General Counsel Avi Garbow

06/10/2014 - 12:00PM to 2:00PM
Please join us to hear from Avi Garbow, General Counsel for the U.S. Environmental Protection Agency (EPA). Mr. Garbow will discuss EPA’s recent accomplishments and priorities, including the Agency’s work to address climate change, and recent significant victories in the Supreme Court and DC Circuit. He will also share his perspective on the evolving practice of environmental law....
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Climate Change Preparedness – An Update on State Initiatives

06/09/2014 - 12:30 PM to 01:30 PM
Liz Hanson, Policy Advisor for Climate Preparedness and Environmental Affairs at the Massachusetts Executive Office of Energy and Environmental Affairs (EOEEA), will discuss the impacts of climate change in Massachusetts and the ways in which the Patrick Administration is increasing resiliency and prioritizing preparedness through partnerships across state agencies, with local and federal officials, and with stakeholders engaged on this issue....
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The New Massachusetts Contingency Plan: Vapor Intrusion

06/06/2014 - 12:30 PM to 01:30 PM
Mass DEP has announced revisions to the regulations governing the cleanup of contaminated properties that will significantly change how sites with vapor intrusion issues are assessed ad remediated. Join us for a discussion of the revisions and their impact on existing and future development....
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Environmental Law Section Year End Celebration

06/05/2014 - 5:00PM to 8:00PM
- Note the venue change, now at the Chart House Restaurant! - Please join the Environmental Law Section for their annual Year End Celebration to celebrate another successful program year. Socialize with section members over drinks and light hors d'oeuvres before we break for the summer....
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Healthy Competition: Chapter 91 and Competing Projects in Designated Port Areas

05/29/2014 - 12:30 PM to 01:30 PM
Learn how the recent Appeals Court Decision in Beverly Port Marina v. DEP will affect your clients’ Chapter 91 License applications in Designated Port Areas, and how competing proposals for water-dependent uses will be considered in the process....
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POSTPONED: Public Interest Symposium: Addressing Climate Change through Public Service

05/21/2014 - 04:00 PM to 06:00 PM
By making choices that reduce greenhouse gas pollution, and preparing for the changes that are already underway, we can reduce risks from climate change. Lawyers have unique skills they can use to represent a neighborhood group in negotiating a community benefits agreement to reduce climate impacts of new or existing industrial facilities and can contribute to addressing climate change by spending a day volunteering to harvest local food. Lawyers and policy professionals will gather for a symposium to learn how the private sector, universities, government agencies, and public interest organizations are combatting climate change through public service. Learn about opportunities for you and your clients to make a difference on this important issue at the firm, local, and national levels....
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CLE - You Can’t Touch This: Conservation Restrictions in Estate Planning and as Mitigation in Development Projects and Enforcement

05/07/2014
This program will provide an in-depth guide to the newest approaches for protecting conservation land, conservation restrictions (CR), funding opportunities, and estate planning and tax considerations. ...
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Natural Gas Pipeline Safety Legislative and Regulatory Update: Safety, Environmental and Economic Impacts

05/06/2014 - 12:30 PM to 01:30 PM
Legislative and regulatory leaders will provide updates on pending initiatives to enhance natural gas pipeline safety. The panel will describe recent legislative and enforcement initiatives and expected safety, environmental and economic impacts....
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A Practical Guide for Creating a Sustainable Legal Office

05/05/2014 - 3:00PM to 7:00PM
Our speakers will discuss ideas for lawyers on sustainability practices that they can implement to benefit both their legal practice and the environment....
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International Investment in Land: Impacts on Rights and Development, and the Role of the Law

04/30/2014 - 12:00PM to 1:00PM
Large-scale land acquisitions can have serious implications for land users and local communities, as well as for host governments’ sustainable development efforts. Although increased investment in agriculture is sorely needed, if investments are not structured equitably or regulated carefully, they can fail to provide benefits to host governments while dispossessing people of their land, livelihoods and rights. The increasing numbers of large-scale land acquisitions, sometimes known as “land deals” or “land grabs,” will affect sustainable development strategies for decades to come....
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Bringing — or Defending — Chapter 30A Appeals of Administrative Agency Decisions

04/29/2014 - 12:00PM to 1:00PM
Chapter 30A appeals of state administrative agency decisions are governed by their own set of procedures, rules, and standards of review, which can trip up the unfamiliar lawyer. Carrie Benedon, an Assistant Attorney General in the AGO’s Government Bureau, and Tad Heuer, an attorney at Foley Hoag whose practice focuses on administrative law, will present an overview of the process for seeking judicial review of state administrative agency decisions. The program will include a discussion of applicable procedures, timelines, and deadlines; the role of the administrative record; the responsibilities of each party to the appeal; and the standard and scope of judicial review. This 1-hour program is open to all, but will be geared toward the new lawyer or occasional administrative law practitioner. ...
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15th Annual Charles River Clean Up

04/26/2014
The Charles River Cleanup aims to provide Bostonians with a cleaner, healthier and more beautiful Charles River. Come join members of the New Lawyers Section as we partner with over 3,000 volunteers from various neighborhood, school and professional organizations to help clear trash, debris and other harmful items from the banks of the Charles River. This event will be an excellent opportunity to enjoy the company of fellow new lawyers in a non-professional setting. ...
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Spring Environmental Law Career Panel

04/22/2014 - 3:00PM to 7:00PM
Please join the Environmental Section and the New Lawyers Section at our annual Spring Environmental Career Panel. This event will be an excellent opportunity for law students and new lawyers to learn about various aspects of an environmental legal career from a panel of talented experts in the field. Enjoy a cocktail and networking reception to follow. We hope to see you at this fun and informative event!...
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Volunteer on the Farm: The Food Project Serve & Grow

04/08/2014
Join your BBA colleagues for a morning outdoors working on the farm and supporting The Food Project. The Food Project is a non-profit devoted to promoting sustainable food systems. The Food Project Serve & Grow Program is focused on growing food for hunger relief organizations and local distribution....
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Talking Turtles and Takes: The SJC & Priority Habitat Regulations Under the Mass. Endangered Species Act

04/03/2014 - 12:30 PM to 01:30 PM
This program will discuss and analyze the SJC’s recent decision in Pepin v. DFW, which upheld the Division of Fisheries and Wildlife’s “Priority Habitat” regulations under the Massachusetts Endangered Species Act. The Department of Fish and Game’s General Counsel will briefly summarize MESA and its implementing regulations and frame the legal issues. Counsel who argued the case will then discuss the SJC’s decision, focusing on the differences between the “Significant Habitat” program established by MESA, and the Priority Habitat program established by DFW regulations to implement MESA’s “take” prohibition....
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The National Flood Insurance Program: What Recent Flood Mapping Efforts Mean for Your Private and Municipal Clients

03/31/2014 - 12:30PM to 1:30PM
Rich Zingarelli from the Massachusetts Department of Conservation and Recreation and Stephanie Kruel from the City of Boston will introduce the science and planning behind the National Flood Insurance Program’s flood mapping revisions, and discuss the impacts that those new maps will have on coastal property owners and municipalities....
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The Newly Proposed Massachusetts Contingency Plan Regulations: What you Should Know

03/24/2014 - 12:30 PM to 01:30 PM
Mass. DEP will soon be unveiling new, comprehensive regulations governing the cleanup of contaminated properties, which could have significant impacts on existing and future development....
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New Bedford Harbor Cleanup Settlement

03/20/2014 - 12:00PM to 01:30PM
Last fall, the federal district court in Massachusetts approved the settlement agreement expediting the cleanup of the New Bedford Harbor. Private and public sector representatives will provide a history of this case, which was filed in 1983, and discuss the events leading up to the largest single-site cash-out settlement in Superfund history....
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The Keystone XL Pipeline: Talking the Tar Sands Boom and its Impacts

03/18/2014 - 12:30 PM to 01:30 PM
Tony Horwitz, author of “BOOM: A Long, Strange Journey Along the Keystone XL Pipeline,” and Attorney Jennifer Rushlow of the Conservation Law Foundation will talk about the tar sands boom and its impact on America and the world. Mr. Horwitz travelled the entire proposed Keystone XL Pipeline Route and will discuss his observations. Jennifer Rushlow will discuss the anticipated impact of tar sands in the Northeast and related policy opportunities to hold the line against high-carbon transportation fuels....
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Mass. DPU Grid Modernization Initiative: Analysis and Retrospective Discussion on February 2014 Panel Hearings

03/04/2014 - 12:30 PM to 01:30 PM
The Massachusetts Department of Public Utilities has been conducting a comprehensive review of how the development of new technologies may improve electric system reliability, achieve cost savings, promote clean energy and encourage greater use of electric vehicles. The DPU will be conducting extensive and comprehensive hearings on these matters in late February 2014. This brown bag lunch will feature analysis and commentary on the DPU’s hearings from decision leaders and key industry participants. The discussion will not only describe the hearing process but will also consider likely next steps and emerging opportunities for electricity industry stakeholders and developers of new technologies to serve the industry....
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A National Overview of PSD Permitting for Greenhouse Gas Emissions & BACT Determinations

03/03/2014 - 12:30 PM to 01:30 PM
Since 2011, the Clean Air Act’s Prevention of Significant Deterioration (PSD) program has applied to greenhouse gas emissions (GHG) from new major sources and major modifications at existing sources that meet specified GHG emission thresholds. What constitutes the “Best Available Control Technology” (“BACT”) for GHG emissions in these permitting decisions is a state and project specific decision. Geoff Goode will provide an overview of PSD GHG permitting decisions across the country, both by the U.S. Environmental Protection Agency and by states, including the range of BACT determinations. The presentation will also touch on the scope of EPA comments on PSD GHG permits and the issues most commonly addressed in comments by environmental nonprofit organizations....
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Environmental Section Ski Trip

02/28/2014 - 08:00AM to 08:00PM
The Environmental Law Section invites you to the 7th Annual Environmental Law Section Ski Trip. Downhill skiing is planned for the Bretton Woods ski area, the largest ski area in New Hampshire and known for its great snow, low winds, and spectacular views of Mount Washington and the Mount Washington Hotel. Cross-country skiers have the Bretton Woods Nordic Center next to the hotel, with its 100 km trail network of open fields and woodlands to get lost....
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Cultivating Local, Healthy Food: Urban Agriculture Initiatives & Pro Bono Opportunities

02/27/2014
Community residents, municipal leaders, and state agencies are working to increase access to healthy and affordable food in Massachusetts’ urban centers. Speakers at this brown bag panel will discuss the recently approved Boston Zoning Code Article 89 permitting urban agriculture, the role of lawyers in supporting residents engaging in urban / small scale - community based farming, and associated pro bono and public service opportunities available for attorneys interested in supporting urban agriculture efforts....
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Drivers of Cleantech Innovation: Policy, Capital, and IP

02/11/2014 - 12:30PM to 01:30PM
Massachusetts has been perennially named the #2 state for cleantech (after our perennially #1 West Coast cousins). During this roundtable program, two lawyers engaged in the local cleantech economy will lead a discussion on the policy, business, and legal issues driving cleantech innovation....
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The Sustainable Water Management Initiative and Water Management Act Regulation Revisions

02/10/2014 - 12:30 PM to 01:30 PM
SWMI is the Commonwealth of Massachusetts’s Sustainable Water Management Initiative. It was created in 2010 by the Executive Office of Energy and Environmental Affairs and included input from a wide range of stakeholders and support from the Department of Environmental Protection (MassDEP), the Department of Fish and Game, and the Department of Conservation and Recreation....
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Living Cooler and Smarter: A How-to with John Rogers

02/03/2014 - 12:30 PM to 01:30 PM
Join us for a discussion with John Rogers, a senior energy analyst at the Union of Concerned Scientists and co-author of the new science-based guide Cooler Smarter: Practical Steps for Low-Carbon Living....
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Recent Developments Under Superfund Law

01/16/2014 - 12:30 PM to 01:30 PM
Joanna Jerison, Legal Enforcement Manager, and Audrey Zucker, Chief of the Superfund Legal Office, United States Environmental Protection Agency, Region 1 (New England), will deliver their annual round-up of recent developments under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or the Superfund law....
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Improving the Commonwealth's Aging Drinking Water and Wastewater Infrastructure

01/13/2014 - 12:30 PM to 01:30 PM
Senator Jamie Eldridge will be joined by Representative Carolyn Dykema and Margaret Van Deusen of the Charles River Watershed Association to discuss the Senator's bill, S.1947, An Act Improving Drinking Water and Wastewater Infrastructure....
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Environmental Law Section Holiday Party

12/16/2013 - 05:30 PM to 07:30 PM
'Tis the season to share holiday cheer with friends in the Environmental Law Section. Catch up with familiar faces and introduce yourself to new ones while enjoying drinks and hors d'oeuvres!...
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MassDEP Administrative Enforcement Actions

12/11/2013 - 12:30 PM to 01:30 PM
Presenters Jane Rothchild and Michelle O'Brien will discuss the mechanics and nuances of administrative enforcement actions from the initial decision to initiate an action through to its final resolution at the administrative level. In particular, the presenters will address the case selection process, including an overview of the process for deciding whether DEP will retain the case for administrative enforcement or whether the case will be handled by the Attorney General's Office (civil or criminal enforcement), developing potential penalty amounts, and negotiating strategies for enforcement conferences....
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Lessons Learned in Public Interest Litigation and How to Find Your Next Pro Bono Opportunity

12/09/2013 - 12:00 PM to 01:00 PM
Seasoned litigators, joined by their clients, will discuss best practices for litigation to achieve social change. Attorneys from private practice and non-profit organizations will discuss their lessons learned to assist clients in effectively accessing the judicial system....
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2013 U.S. - China Legal Exchange

12/06/2013 - 08:30 AM to 04:30 PM
This December, the U.S. Department of Commerce and China’s Ministry of Commerce (MOFCOM) will co-host the 18th U.S.-China Legal Exchange, a unique forum that allows the U.S. business, legal, and academic communities across the country to hear directly from Chinese officials about new and important developments in China’s commercial legal and regulatory landscape....
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New England IP Transition Conference

12/03/2013 - 09:00 AM to 02:00 PM
Conference attendees will hear about developments on the Internet protocol (IP) transition in the New England region from two keynote speakers and three panels. The first panel will focus on the effects on existing infrastructure of moving to an all-IP network, and the second will explore the economic developments that are occurring during this shift to an IP marketplace. Speakers on the third panel will concentrate on consumer impacts of the IP transition....
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EPA's Proposed CO2 Performance Standards for New Power Plants

12/02/2013 - 12:30 PM to 01:30 PM
On September 20, 2013, EPA issued its long-awaited proposal for carbon dioxide pollution standards for new power plants. This draft rule replaces the regulations that EPA put forward in April 2012 and which are now being rescinded. The proposed new source performance standards would be the first uniform national limits on carbon emissions from future power plants....
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