This CLE course will advise environmental counsel on the legal considerations and management of issues presented by catastrophic weather events and climate change. The panel will discuss creating emergency response plans for weather, impacts on regulatory standards and response to upset conditions, handling spill and release reporting, and/or site remediation and remedy resilience. The panel’s discussion will include best practices and practical advice for clients on mitigating the risks of environmental liability intensified by climate change and associated volatile weather events.
Hurricane Ida and its remnants are the latest weather event to have caused widespread impacts across the U.S. Industrial facilities in weather-affected areas face challenges in assessing the impact on existing environmental permits, cleaning up debris and damaged infrastructure, and restoring activities that may have been interrupted by the weather event.
Recent severe storms have forced state and municipal governments to consider issues associated with emergency response activities in connection with regulatory and guidance development. For example, some jurisdictions have instituted pollution, preparedness, and contingency (PPC) plan requirements for industrial facilities. These PPCs require planning for the impacts that flood or other natural disasters may have on a facility's potential to generate or release pollution.
Counsel for facilities should understand that the emergent conditions created by the weather events do not necessarily relieve them of the responsibility to promptly notify the appropriate regulatory authorities of any spill or release, or upset conditions associated with excess emission events caused by or related to weather events. Counsel should also consider how weather events have the potential to impact remediation activities and enforcement at contaminated sites, including sites with remedies that have achieved construction completion. Facilities tasked with cleaning up debris or repairing damage caused by the storm should consider whether their activities would require a permit. Where a permit is required, emergency authorizations may be available to facilitate expeditious response activities.
Listen as our expert panel discusses current extreme weather conditions and how these events may affect environmental regulation. The panel will address how regulated entities can prepare for potential impact on their facilities, what permits may be needed, and what proactive planning should be done.
