Environmental Law Explored: A Podcast SEERies

In this episode of the SEER 100 podcast series, hosts Naveed Nanjee and Rishab Mahajan sit down with Todd Kim, former Assistant Attorney General for the Justice Department's Environment and Natural Resources Division and now a litigator at Pillsbury Law. This episode traces a century of environmental enforcement, from early common-law nuisance claims to today's sprawling statutory framework of the Clean Air Act, Clean Water Act, and CERCLA. Drawing on his experience across government and private practice, Mr. Kim discusses how landmark matters like the East Palestine train derailment and the Jackson, Mississippi water crisis shaped his "principled, practical, problem-solving" approach, and looks ahead to the challenges reshaping the field, including climate change litigation, PFAS contamination, environmental justice, and the growing role of AI in compliance and monitoring.

From timber sale agreements to conservation easements and project financing, join Dylan Sollfrank (Schwabe), Andrea Driggs (Holland & Hart), and Janet Howe (Holland & Hart) as they explore how NEPA impacts forest resources law—and how recent developments, including Seven County and changes to CEQ's rulemaking authority, are already reshaping how lawyers structure deals, conduct due diligence, and assess litigation risk. Keep the conversation going. Join SEER

While WOTUS serves as the jurisdictional foundation of the Clean Water Act (CWA), the statute does not define the term. Since the CWA's enactment in 1972, determining the scope of WOTUS—and, in turn, the reach of federal regulatory authority—has remained a persistent and challenging issue in environmental law. By defining "navigable waters" only as "waters of the United States," Congress left it to the U.S. EPA, the U.S. Army Corps, and the courts to interpret a term with significant implications for federal-state authority, environmental protection, and private property rights. The definition of WOTUS has evolved through a combination of agency action and Supreme Court decisions, including Rapanos v. United States, and Sackett v. EPA (2012) (Sackett I ). These decisions have shaped how the agencies interpret jurisdiction, particularly with respect to wetlands. The split Rapanos decision introduced competing analytical frameworks, further contributing to longstanding uncertainty. In this episode, Professor Royal Gardner will provide a high-level overview of these developments, placing recent changes in context and offering insight into the current and future scope of federal jurisdiction under the CWA. Keep the conversation going. Join SEER

Join Professor Richard Lazarus of Harvard Law School, author of The Rule of Five, and one of the nation's leading scholars of environmental law, for a discussion on the evolution of environmental law through the lens of the Clean Air Act and other landmark environmental statutes. Drawing on his experience arguing before the U.S. Supreme Court and advising policymakers across multiple administrations, he explores the challenges of applying decades-old laws to modern issues such as climate change, the impact of recent Supreme Court decisions, and the opportunities ahead for the next generation of environmental lawyers. He also examines how regulatory agencies, courts, and Congress have shaped the trajectory of environmental protection and what those dynamics mean for the future of environmental law. Keep the conversation going. Join SEER

As the inaugural episode in this series, this conversation takes a broad look at the evolution of environmental law and the Section's role in shaping the field over time. The panel of former SEER Chairs includes moderator Alex Dunn, President & CEO of CropLife America and former EPA Assistant Administrator, and speakers John Cruden, Principal at Beveridge & Diamond and former Assistant Attorney General at the U.S. DOJ, and Carol Dinkins, former U.S. Deputy Attorney General under President Ronald Reagan. Drawing on decades of leadership across government, private practice, and industry, the speakers reflect on landmark developments in environmental law, the evolution of SEER's influence within the profession, and the challenges and opportunities shaping the field's future. Together, they consider how SEER can continue to contribute meaningfully to the next chapter of environmental law. Keep the conversation going. Join SEER

This episode explores the history of tribal timber management as a trust resource and the legal framework that governs the federal government's trust responsibilities. Joining the discussion is Chris King, an attorney at Whitley Law Firm and former Attorney Advisor with the U.S. Department of the Interior, Office of the Solicitor, where he spent more than a decade handling complex matters involving federal Indian law, tribal trust responsibilities, and high-stakes litigation against the United States. Tune in to learn about ongoing litigation involving tribal timber, the issues at stake, and the potential implications for the future of tribal trust management.

Join Josh Galperin, Director of the Sustainable Business Law Hub at Pace University, Lauren Lynam, Sustainable Business Scholar at Pace University and Yale School of the Environment, and John Rutherford, Assistant Regional Counsel at the U.S. Environmental Protection Agency, as they break down the biggest ESG and sustainability developments of 2025. From climate disclosure requirements and greenwashing litigation to major state and international policy shifts, the speakers explore the trends shaping the future of ESG compliance and what they mean for companies navigating an increasingly complex regulatory landscape.

*]:pointer-events-auto R6Vx5W_threadScrollVars scroll-mb-[calc(var(--scroll-root-safe-area-inset-bottom,0px)+var(--thread-response-height))] scroll-mt-[calc(var(--header-height)+min(200px,max(70px,20svh)))]" dir="auto" data-turn-id= "request-WEB:525dae71-3ec2-49c9-be14-5d140c2516ad-8" data-turn-id-container= "request-WEB:525dae71-3ec2-49c9-be14-5d140c2516ad-8" data-testid= "conversation-turn-12" data-scroll-anchor="false" data-turn= "assistant"> This podcast featuring Murray Feldman (Holland & Hart LLP) and Sam Kalen (Indiana University McKinney School of Law) examines the evolving legal and regulatory landscape surrounding the Endangered Species Act (ESA). Drawing from decades of experience in government, private practice, and academia, as well as their book, ESA Essentials: The Endangered Species Act , the speakers provide listeners with a practical overview of the ESA's core framework, including species listings, critical habitat designations, and the Section 7 consultation process. Tune in for an insightful conversation on where the ESA has been, the challenges it faces today, and what may lie ahead for one of the nation's most consequential environmental laws. For more from these speakers, see ESA Essentials: The Endangered Species Act , published by the American Bar Association .

We are pleased to be joined by Professor John Leshy, author of Our Common Ground and the preeminent scholar on the history of America's public lands. Public land management is the cornerstone of forest law in the United States, and Professor Leshy's insights into its scope and evolution are invaluable in helping to piece together the fundamentals of forest law. Forest law presents a daunting barrier of entry to the uninitiated. Forest law is composed of and delimited by a broad swath of statutes, regulations, and norms, all shaped by a diverse array of stakeholders. The implications of forest management decisions are vast and varied, ranging from the hyperlocal—with decisions concerning timber harvest and wildfire mitigation bearing directly on the continued prosperity and existence of some rural communities—to the planetary, as climate change intensifies and the health of the world's forests grows ever further imperative to slow its most devastating effects. Complicating things further, today, forest law in the United States is undergoing rapid changes at the federal level. In beginning to explore the foundations of forest law, there is perhaps no better place to start than with a study of public lands. Host's note: This episode's title is an homage to the brilliant—and troubled—Raymond Carver and his 1981 short story collection "What We Talk About When We Talk About Love."

Emerging contaminants are by their nature neither fully regulated nor fully understood. In this final episode of the Emerging Contaminants series Juge Gregg (Crowell & Moring), Sal Giolando (Geosyntec Consultants, Inc.), and Adam Sowatzka (McGuire Woods) discuss how to assess emerging contaminants in your supply chains to identify potential substances that may be subject to further regulation or increase the risks associated with business operations. This episode explores how companies monitor and manage their supply chains through advanced technologies and strategic practices to prevent regulatory breaches and enhance transparency, ensuring they remain compliant and competitive in a global marketplace.

While we all notice the emissions exiting our vehicle's tailpipes, the emissions from brake dust and tire wear are often overlooked. Scientists are now turning their attention to these lesser-known pollutants, which are emerging as significant environmental concerns. As studies begin to grasp the extent of such impacts from automotive use on our environment, we discuss how regulation of these materials and emissions may impact our existing regulatory scheme and the auto industry as a whole. In this fourth episode of the Emerging Contaminants series, Jack Lyman speaks with Professor Greg Evans (University of Toronto) and Sean Dixon (Puget Soundkeeper) as they explore the role of contaminants like 6PPD and what future regulations might mean for the automotive sector.

Pharmaceuticals and personal care products can be found in every home in America, but now they are also showing up in our wastewater systems and even our lakes and rivers. In this third episode of the Emerging Contaminants series, hear from Professor Bill Arnold (University of Minnesota), Eva Weiler (K&L Gates), and Victor Xu (Marten Law) as they explore how these everyday products are making their way into the environment. The discussion also covers potential regulatory responses, including the possible U.S. ban of titanium dioxide—already prohibited in the EU—and the growing concern over pharmaceuticals and nanoparticles from personal care items polluting our waterways.

In the second installment of our Emerging Contaminants series, we turn our attention to ethylene oxide, a chemical critical to the sterilization of medical and protective equipment yet increasingly scrutinized for its potential carcinogenic effects due to widespread use and long industrial history. In this episode, we're joined by Rebecca Pritchett (Maynard Nexsen), Heather Lynch (Integral Consulting), and David Fusco (K&L Gates) to examine the latest developments in ethylene oxide science, regulation, and litigation. Our guests discuss recent findings and interpretations suggesting that human health risks from ethylene oxide exposure may be lower than previously thought—a perspective that continues to generate scientific, legal, and policy debate.

In 2024, key legal and regulatory shifts transformed the ESG landscape across the U.S., Canada, U.K., and EU. In the U.S., the SEC adopted—and later stopped defending—climate disclosure rules, while the Department of Labor's ESG rule faced litigation and Congress advanced anti-ESG bills. At the same time, the EPA began deploying $27 billion under the Greenhouse Gas Reduction Fund, and youth-led climate lawsuits saw major wins. California's climate reporting laws (SB 253, SB 261, AB 1305) faced challenges but remained in effect, and greenwashing litigation expanded to cover broad corporate ESG claims. Internationally, the U.K. introduced mandatory Biodiversity Net Gain rules, the EU implemented the CSRD and CSDDD, and Canada passed a new Modern Slavery Act. Together, these changes mark a global move toward greater corporate transparency and environmental accountability. Join Josh Galperin, professor at the Elisabeth Haub School of Law, in conversation with Lauren Lynam and Morgan Martin as they unpack the year's most significant ESG legal developments across the U.S. and beyond.

In the debut episode of our Emerging Contaminants series, we examine the widespread presence of microplastics in our environment, including in human and animal bodies and throughout our food systems. Because microplastics originate from larger plastic products, regulatory efforts have targeted the broader plastic lifecycle: from manufacture, import, and export to use, labeling, recycling, and disposal - with particular attention to single-use plastics. Join panelists Jennifer F. Novak (Law Office of Jennifer F. Novak), Talia Gordner (McMillan LLP), and Usha Vedagiri (WSP) as they discuss recent developments in plastic regulation, including the United Nations plastics treaty and efforts in the European Union and Canada, and share insights into what may lie ahead for the United States.

Amy L. Edwards, environmental partner at Holland & Knight, sits down with Lynn L. Bergeson, managing partner at Bergeson & Campbell and editor of Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA . Together they examine how the U.S. Environmental Protection Agency's (EPA) evolving implementation of the 2016 amendments to the Toxic Substances Control Act (TSCA) has reshaped regulatory compliance expectations across the manufacturing and chemical sectors. The discussion highlights how TSCA's commercial implications—ranging from market access limitations and import controls to supply chain transparency and investor risk—extend well beyond regulatory counsel. With the upcoming PFAS reporting mandate under TSCA Section 8(a)(7), companies face a one-time obligation to disclose manufacturing or importing activity dating back to 2011, without the benefit of typical exemptions for byproducts or impurities. The speaker's discussion emphasizes how due diligence, particularly in M&A contexts, must now account for latent TSCA noncompliance risks that could disrupt operations or jeopardize transactions. As Bergeson notes, TSCA affects even those not traditionally seen as compliance stakeholders—such as procurement officers and sourcing teams—underscoring the need for enterprise-wide awareness of regulatory responsibilities. This conversation is essential listening for legal practitioners, in-house counsel, compliance officers, supply chain managers, and investors seeking a practical and strategic understanding of TSCA's current enforcement landscape. Get your copy of Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA.

In the wake of the Los Angeles fires and amid a growing wildfire crisis, Doug Green, manager of Headwaters Economics' Community Planning Assistance for Wildfire (CPAW) program, joins Andrew Kihn, programming vice chair of the Forest Resources Committee, for a conversation about the L.A. fires, the broader wildfire emergency, and the political and regulatory landscape of wildfire management in the United States. They discuss persistent challenges facing communities in the wildland-urban interface (WUI) and highlight best practices for improving wildfire preparedness in both the built environment and America's forested lands.

Join Tim Kelly (Hausfeld) and Misha Tseytlin (Troutman Pepper Locke) as they unpack the U.S. Supreme Court's landmark decision in City and County of San Francisco v. EPA . The ruling struck down the EPA's use of "end-result" requirements in NPDES permits, ruling that the Clean Water Act (CWA) does not authorize the agency to impose permit conditions that hold dischargers responsible for overall water quality in receiving waters. The decision has significant implications for municipal wastewater treatment, regulatory enforcement, and the scope of the EPA's authority under the CWA. In this episode, they explore: The legal reasoning behind the Court's decision, including highlights from the majority and dissenting opinions The implications for municipal wastewater treatment plants, particularly those operating combined sewer systems How the decision impacts the EPA's regulatory powers and enforcement strategies What this means for the future of Clean Water Act litigation and the evolving role of state environmental agencies Whether you're a legal practitioner, environmental policy expert, or simply interested in water law, this episode offers valuable insight into a pivotal case reshaping federal environmental regulation.

The National Environmental Policy Act (NEPA) landscape is shifting fast. With major developments like Eagle County, Marin Audubon, Section 5 of President Trump's Unleashing American Energy Executive Order, and several critical cases on the horizon, the way NEPA is applied and interpreted is set for a major transformation. Join Susan Jane Brown (Silvix Resources) in a thought-provoking discussion with Ted Boling (Perkins Coie Partner, former member of the Council on Environmental Quality) and Dinah Bear (former General Counsel of the Council on Environmental Quality). Together, they'll break down these pivotal changes, what they mean for environmental policy, and how NEPA's role may evolve in the years ahead. Don't miss this essential conversation for legal professionals, policymakers, and anyone invested in the future of environmental law.

In the third episode of the Mill Closures and Workforce Shortages in the West series, Andrew Kihn is joined by Susan Jane Brown, Principal and Chief of Silvix Resources, a nonprofit environmental law firm. Together, they explore the implications of the ongoing workforce challenges on the conservation, stewardship, and restoration of western public lands. The two discuss the often fraught relationship between communities dependent on timber harvest and conservation interests, and Susan Jane Brown elucidates the opportunities and imperatives of coalition building across the divide.