APIEL 2023: “Using Consumer Class Actions as a Tool for Reducing Toxic Chemicals in our Environment”
Presented by Mark Silvey and Alex Honeycutt. The goal of this discussion is to provide a brief introduction to class action lawsuits, followed by an overview of common household contaminants, including benzene in aerosol products, lead in chocolate, and PFAS in foods and consumer merchandise. Afterward, we’ll discuss how our firm has been using false advertising and consumer protection laws to reduce individual exposures to harmful substances. Next, we’ll provide real-world examples and recent success stories to explain how class-wide settlements can drive positive change and encourage manufacturers to take control over their supply chains. Finally, we’ll end the presentation by discussing some of the pitfalls and shortcomings of class action lawsuits, why federal regulations often fall short of their promises, and why more accountability is necessary to bring about lasting changes.
APIEL 2023: “The Native American Graves Protection and Repatriation Act of 1990: Successes and Challenges”
Presented by Megan Kleeschulte, MA. This panel will explore the law itself and then provide examples in which NAGPRA has been implemented throughout the Southeast, and particularly how, over the last five years, increased communication and collaboration has helped aid the repatriation process. It will also touch on complications with implementation and the effects of amended regulations.
APIEL 2023: “Ethical Considerations for Environmental Lawyers & Other Practitioners”
Presented by Dr. Joe Jarret. This session will explore (1) effects of changes in the new codes of professional conduct, adopted or soon to be adopted by the various jurisdictions, on the practice of environmental law; (2) attorney and non-attorney competence in the environmental field; (3) conflict of interest problems in corporate and governmental situations and in cases involving multiple representation; and, (4) attorney and non-attorney disclosure of client’s wrongdoing.
APIEL 2023: “PFAS: Legal and Scientific Sampling Updates”
Presented by Shelby R.B. Ward. In this interactive session, updates on PFAS-related Environmental Protection Agency (EPA) rulemakings, an overview of the Tennessee Department of Environment & Conservation (TDEC) PFAS Statewide Sampling Effort, and a walkthrough of TDEC’s PFAS Dashboard will be shared. There will also be a small group activity where participants will be asked to explore the dashboard and share feedback. PFAS chemicals are a large and diverse group of manmade chemicals used in a variety of consumer goods, such as food packaging, stain-resistant fabrics, personal care products, nonstick cookware, and water-resistant clothing. According to the EPA and Agency for Toxic Substances and Disease Registry (ATSDR), there is some evidence that prolonged exposure to certain PFAS can cause pregnancy complications, liver damage, high cholesterol, cancer (for perfluorooctanoic acid or PFOA), immune system effects, and thyroid hormone disruption (for perfluorooctane sulfonate or PFOS). On March 14, 2023, the EPA released a proposed National Primary Drinking Water Regulation (NPDWR) and health-based Maximum Contaminant Level Goals (MCLGs) for six PFAS: PFHxS, HFPO-DA, GenX, PFNA, PFOA, and PFOS. EPA anticipates finalizing the rule by the end of 2023 or early 2024. TDEC is currently undertaking a statewide effort—the TDEC PFAS Statewide Sampling Effort–to sample 29 different PFAS in raw, untreated water sources that supply public drinking water systems. This initial assessment will help TDEC determine the potential presence and concentration of PFAS compounds in source waters throughout the state and assist with future planning. TDEC has created an Interactive Dashboard to inform the public of its sampling results. The sampling data, map, dashboard, and related information will be updated as TDEC receives new information over time.
APIEL 2023: “NEPA Shortcuts: Shortchanging our Public Lands”
Presented by Henry Gargan and Alyson Merlin. We would like to present and discuss the public lands management approach called “Condition-Based Management” in the context of the National Environmental Policy Act. Condition-Based Management, or “CBM” is a practice where a federal agency does not include site-specific information during the decision-making process dictated by NEPA, instead postponing site-specific analysis until project implementation. It is described by the Forest Service as “support[ing] responsiveness and flexibility between planning and implementation in natural resource management.” In practice, however, it deprives the public of site-specific project information and violates NEPA. This session would have the advantage of providing a primer on NEPA relevant to the current national conversation about “permitting reform” and efficiency in federal agency planning. It is also an emerging topic in environmental law due to the increasing trend of using CBM in the Forest Service and other resource management agencies.
APIEL 2023: “Southern Organizing, Climate Change, and the Legal Industry”
Presented by Haley Czarnek and Dr. Gabe Schwartzman. At this session, Haley Czarnek, the National Director for Law Students for Climate Accountability (LSCA), and Dr. Gabe Schwartzman will analyze the current state of climate organizing in the legal industry, with a focus on the 2023 Law Firm Climate Change Scorecard. Panelists will also discuss the organizing conditions in Appalachia and the broader south, including the ongoing surge in labor movement energy. As climate change increasingly impacts our living and working conditions, legal professionals should reject work that contributes to climate chaos, such as the Mountain Valley Pipeline project.