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_L Government Institutes announces a new course to help you understand how to manage and reduce your environmental legal costs, including: Managing your lawyers for maximum effectiveness at minimum cost Is it really necessary to litigate? Innovative dispute resolution techniques Role of alternative means of dispute resolution (ADR) in environmental compliance What government agencies and companies are doing to reduce their litigation and legal costs Practical considerations in light offederal state and local governments' stepped- up environmental enforcement PREVENTING AND MANAGING YOUR ENVIRONMENTAL LEGAL COSTS December 8-9, 1988 Washington, D.C. Conducted by: Gp\ Government Institutes, Inc. Washington, D.C. Leaders in environmental continuing education and information for 15 years CTL027398 Preventing and Managing Your Environmental Legal Costs December 8-9, 1988 Washington, D.C. PROGRAM AGENDA* First Dav. Thursday. December 8. 1988 8:00 am Registration and Coffee/Danish 9:00 am Environmental Legal Costs Overview Carl S. Pavetto, Esq. Director of Environmental Education Government Institutes, Inc. Rockville, MD 12:30 pm Luncheon, hosted by Government Institutes, Inc. Current Priorities in Dispute Resolution Wallace Warfield, Visiting Scholar Administrative Conference of the United States Washington, DC This opening presentation will set the stage for the two-day seminar program. 9:15 am Managing Your Environmental Program: Setting Your Priorities Michael A. Brown, Attorney Schmeltzer, Aptaker & Sheppard Washington. D.C. Establishing a corporate environmental policy; setting your environmental goals and priorities: what is the lawyer's role in making the policy, implementing the policy, and in corporate envi ronmental decision-making. 10:15am Risk Management Techniques for Environmental Litigation Wm. Roger Truitt, Attorney Schmeltzer, Aptaker & Sheppard Washington. D.C. Determine your company's current and future exposure to potential environmental litigation through the use of traditional tort and product liability risk management assessments together with environmental auditing: proper use of these approaches to enable your company to identify areas of concern and address them prior to litigation. 11:00 am Alternative Dispute Resolution (ADR): An Emerging Technique John H. Wilkinson, Attorney Donovan. Leisure. Newton & Irvine New York, NY Practical considerations in the use of ADR: it's application in a corporate context: forms of ADR minitrial, summary. Jury trial, private Judges, mediation, variations on basic ADR methods: pitfalls to avoid, contract clauses, confidentiality, and other concerns. 2:30 pm ADR From the Perspective of In-house Environmental Counsel William J. Jones General Solicitor AT&T Corporation Berkeley Heights, NJ Steps to take to include ADR in your company; range of dispute-resolution options, practical suggestions for utilizing the strengths of ADR tn an environmental setting: how you should hire and evaluate the performance of your lawyers. 3:10 pm Panel Discussion: William Jones and John Wilkinson 3:30 pm Anticipating, Preventing & Manag ing Environmental Litigation Michael A. Brown A company's strategy to approach environmental litigation including multi-party cases; coordina tion of litigation: settlement policy, how the smart company would save time and money through the proper management of its lawyers and environ mental consultants. 5.00 pm Reception, hosted by Government Institutes. An invaluable opportunity for you to meet informally with the speakers and your colleagues to discuss your specific concerns. Second Day, Friday. December 9. 1988 8 30 am Evolving Insurance Strategies Patrick O. Cavanaugh, Attorney Schmeltzer, Aptaker & Sheppard There are rapidly evolving and widely differing interpretations of insurance coverage for environ mental liabilities. Many companies are not aware Program Agenda continued on the next page Question & Answer/Discussion periods are scheduled after each presentation. CTL02 7 399 Government InsUtutes, Inc 966 Hungerford Drive. #24 Rockville. MD 20850 301-251-y2OO---------- ' j i eventing ana Managing Your Environmental Legal Costs December 8-9, 1988 Washington, DC that the legal rules for insurance coverage differ from state to state and from policy to policy. What is your company's insurance protection? Is your insurance company obligated to pay the costs for litigation? What are the methods to assess your Insurance coverage? 9:30 am Managing the Large Environmental Case George J. Weiner. Attorney Schmeltzer. Aptaker & Sheppard Washington, DC How to pick the defense team: use of inside personnel and outside counsel: assembling and managing the documents; when to pool efforts with other companies: when to look at settlement opportunities: and how to structure settlement. 10:30 am Case Study: Cost-Effective Manage ment of a Superfund Case J. Gordon Arbuckle, Attorney Patton, Boggs & Blow Washington, DC An expert attorney will take you through a super fund case which included the use of ADR in the negotiations. EPA is among the federal agencies moving more and more toward the use of negotiated rulemak ing and alternative means of dispute resolution to avoid protracted lawsuits and to obtain more of a consensus with industry. This presentation will describe EPA's enforcement initiatives and means for streamlining the process. 12:15 pm Lunch 1:15 pm Regulatory Negotiations in the Environmental Rulemaking Process J. Gordon Arbuckle To avoid litigation costs. EPA is trying negotiated rulemaking. Description of EPA's recent regula tory negotiations in rulemaking; lessons learned, pros and cons and pitfalls; update on actions in Congress to add negotiated rulemakings to the administrative procedures; what you need to know to participate effectively in negotiated rulemaking. 2:00 pm State Enforcement and th R le f ADR in the States Phillip B. Rarick, Counsel National Assn, of Attorneys General Washington, DC 11:30 am New Initiatives in EPA Enforcement Programs TerreU. Hunt, Director Office of Enforcement Policy, U.S. EPA Washington, DC Update on current developments in state environ mental enforcement and in ADR use in the states for resolving environmental disputes. 3:00 pm Adjourn Conducted by a Team of Talented and Experienced Instructors i J. Gordon Arbuckle Is a partner in the Washington. D.C., law ment tools such as field citations. firm of Patton, Boggs & Blow. His experience includes more than 20 years in the environmental law field representing companies and trade associations in litigation and adminis trative proceedings under the Clean Air Act, Clean Water Act NEPA RCRA TSCA and CERCLA Mr. Arbuckle has extensive experience in the establishment and implementation of new legal regimes for major projects which involve the application of scale-up of new technology. He is a leader in negotiated rulemaking in environmental matters. William J. Jones is the General Solicitor of AT&T Corporation where he is responsible for environmental and occupational safety and health matters for all AT&T companies. His areas of specific expertise include superfund and other environ mental litigation and administrative proceedings and related toxic tort litigation. Mr. Jones is a member of the American Bar Association and the Legal Program Committee for the Center for Public Resources. He is also a member of the Board of Advisors of the Center for Litigation Risk Analysis. Michael A. Brown is a partner in the Washington. D.C., law firm of Schmeltzer, Aptaker & Sheppard where he specializes in the practice of environmental law. He is the former En forcement Counsel (head of enforcement) for the US Environ mental Protection Agency: prior to that he was Deputy General Counsel. At EPA Mr. Brown was responsible for Phillip B. Rarick is Environmental and Energy Counsel to the National Association of Attorneys General, Washington. D.C. He provides consultation to state Attorneys General on environmental litigation issues. Including CERCLA, RCRA. NEPA TSCA FIFRA and other environmental statutes. legal policies and strategies surrounding environmental rulemaking and enforcement. Mr. Brown is recognized as one of the leading authorities on environmental law in the U.S. Wm Roger Truitt is an attorney in the law firm of Schmeltzer. Aptaker & Sheppard. His practice Involves litigation and counselling related to all the major environmental laws. Patrick O. Cavanaugh is an attorney in the law firm of Schmeltzer. Aptaker & Sheppard in Washington, D.C., where he has handled a wide variety of cases. Including the insur ance aspects of environmental cases. TerreU Bunt is the Director of the Office of Enforcement Policy where he directs the development of national enforce ment policy and the Agency's compliance planning and analysis activities. His office has developed recent EPA guidance on the use of ADR in resolving enforcement cases, policy and procedures governing the contractor listing program, and concept papers on the use of Informal enforce George Weiner is a partner with the firm of Schmeltzer. Aptaker & Sheppard where he is lead counsel to New Castle County, Delaware, in RCRA/CERCLA cost recovery and companion toxic tort actions. John H. Wilkinson is the ADR-designated partner in the New York law firm of Donovan, Leisure, Newton & Irvine. He has written regularly on the subject of ADR: he is a commercial arbitrator for the American Arbitration Association, is servir,; on the American Bar Association's Committee on ADR and ;s a sustaining member. Center for Public Resources (CPRJ Government Institutes. Inc 966 Hungerford Drive. #24 Rockville. MD 20850 301-251-9250---- CTL027400 More op cxai tt nents OI Tills Course: Compreh nslve C urs Noteb k: You will receive a notebook specially prepared for this course. This will contain the speaker's texts and supplementary materials. The purpose is twofold: to relieve you of the burden of taking vo luminous notes -- thus freeing you for greater con centration on the words of the instructor -- and to provide you with a valuable reference tool back on yourjob. Free Certificate and Accreditation: A handsome Certificate of Achievement will be mailed to you after the course. In addition, most of our courses have been approved for credit by many CLE and CEU authoritltes. Substitution/Cancellation Policy: You may designate a substitute in writing any time before the meeting. To cancel and obtain a full refund, you must ensure we receive your notice in writing by December 1. If you cancel in writing after that date, but before the meeting begins, you will receive an 85% refund. No refunds will be given for cancellations received after December 7. C nv nient Accommodations: The course hotel is conveniently located near Na tional Airport, and free shuttle service is available. Special room rates for Government Institutes course attendees are available upon request. Room blocks will expire two weeks prior to the course, but rooms may still be available. To reserve your room, contact the hotel directly by phone or mail. Mention Government Institutes to obtain the discounted room rate. Contact: StoufTer Concourse Hotel 2399 Jefferson Davis Highway Arlington. VA 22202 703/ 979-6800 Sav with Travel Discounts: Save on travel to this course by taking advantage of the airfare discounts Contlnental/Eastem Airlines is offering all Government Institutes meeting attendees. No booking restrictions apply; no minimum stay is required: changes are allowed; and travel dates are flexible. Your travel agent may call and ticket on your behalf. Reservations on other airlines also may be booked through this service. Call (800) 468-7022, Monday-Frlday. 9am-9pm, EST. Refer to Government Institutes* Easy Access Number: EZ I4HP19. In Florida call (800) 282-0244 In-Plant Training Available: This program and many others are available to train your staff when and where it is convenient for you. The program can be tailored to your specific needs and presented at a location of your choice. Program formats can be varied in length. For further information, call Carl Pavetto at Govern ment Institutes. Inc., (301) 251-9250. iWOWAfcb Ul KhAxihikk: 1. Call 301/251-9250 with your credit card 2. D tach and mail with y ur payment to th address b 1 w (includ y ur address label)____________________________________ Please register m for the foil wing: | | Preventing and Managing Your Environmental Legal Costs December 8-9, 1988 StoufTer Concourse Hotel Washington. D.C.......................... $795 Fee Includes concentrated course sessions, answers to your questions, course text, refreshments, luncheon and reception. An acknowledgement of your registration will be sent to you. Make checks payable to Government In stitutes, Inc. and mail to: Government Institutes, Inc., 966 Hungerford Drive #24, Rockville, MD 20850 I wish to order the following publicati ns: Directory of Environmental Information Sources, #743..................................................$59.00 Environmental Laws and Real Estate Handbook 2nd Edition, #753......................... $74.50 NPDES Compliance Inspection Manual, #751.. $54.00 Q Risk Assessment Guidelines and Information Directory, #755........................... $56.00 Wetlands & Real Estate Development, #756.... $67.00 Acid Rain: The View from the States. #754.... $58.00 SARA Title III Compliance Guidebook #749.... $55.00 Hazard Communication Standard Inspection Manual, #750................................ $39.00 Waste Minimization Opportunity Assessment Manual, #752..............................$28.00 Add $3.00 ($5.00 outside U.S.) per book for shipping and handling. Maryland residents add 5% tax on book orders only. Price Is subject to change without notice. Enclosed is my check payable to Government Institutes. Inc. Please bill my credit card. MasterCard Visa Card # Exp. Date Signature Q Please bill my purchase order, atttached. (Note: We cannot enter your registration or ship books without a copy of your purchase order.) Name: Title: Company Address: City. State. Zip- Telephone: EC 01 02 03 04 05 06 07 08 09 CTL027401 vtcl Liic iviosl uui oi Dollars Spent for Environmental Legal Costs Studies and corporate expense tallies have shown the ever-lncreaslng cost oflitigation. es pecially environmental litigation. EPA has stepped up Its environmental enforcement efforts as have the states. What this means for you is that your environmental legal costs will continue to escalate with no end in sight unless you do something to prevent and manage them. Are there alternatives to litigation? In our litigious society, companies, organizations and agencies are looking for ways to prevent, reduce and streamline legal actions and, hence, costs. Alternative methods of dispute resolution, col lectively called ADR, provide possible alterna tives to litigation and the means to reduce the high costs associated with litigation. Such alternative means are most effective as part of an overall corporate or organizational policy for managing legal costs and resources. For ex ample, the legal affairs of many companies are lawyer-driven. This tends to separate legal decision making from the context of corporate decision-making -- possibly a costly situation. Companies that once viewed litigation as the exclusive means of dispute resolution are now seeking lower cost alternative methods for resolving their disputes. What you can do for your company is understand the significance of having a com pany-driven, rather than a lawyer-driven, envi ronmental legal cost management strategy. This unique course will examine the means available for resolving environmental disputes or partici pating in regulatory negotiations at EPA on coming regulations that affect your business. Are You Spending Your Company's Money Wisely? There are times, even In the environmental area, when litigation cannot be avoided even at great expense in time and dollars. Yet. there are other times when environmental disputes can be worked out much more quickly and in expensively by adherence to a flexible corporate legal policy which Includes alternative means of dispute resolution. Even in EPA's rulemaking process, which traditionally has been to a great degree adversarial, your company may have new opportunities to participate and Influence decisions. This information-packed course will help you understand the need for managing your corporate or organizational environmental legal decision-making. You will also leam that there are alternatives to litigation and "adversarial" rulemaking that, under the proper circum stances, can be used very effectively and costefhciently to resolve environmental disputes. You'll leam how to assess the circumstances of your case; focus on those cases that may be amenable to you; decide what the best ap proaches would be. and carry out an effective strategy to resolving the issues -- while reducing your legal costs. Who Should Attend This Course? Environmental Managers who have the re sponsibility for developing or Influencing liti gation strategy in their company or who are responsible for environmental compliance and handling any enforcement actions that may be issued against the company. - -. - - Corporate and Outside Counsel who need:: to have a thorough understanding of the dif ferent means available for resolving disputes and the strength and weaknesses of these means so that an informed assessment can|l be made. Govemment Officials and Others who have responsibilities that are related to environ mental litigation, enforcement, rulemaking or related topics.- ; r- . Here's What You Will Leam ~ at This Course: How to save on legal costs- How to avoid costly litigation How to cost-effectively manage your legal counsel ----- The various ADR methods and when ADR is appropriate -- and not appropriate -- as an alternative to litigation How to select the appropriate ADR method(s) to fit your situation How to obtain cost-effective solutions to your legal problems Assessing the results of your legal counsel ...and more. Government Institutes, Inc 966 Hungerford Drive, #24 Rockville, MD 20850 301-251-9250 -- CTL027402 * From Government Institutes... Fall 1988 New Books/New Editions 1irectory of Environmental Information Sources, 2nd Edition Details hard-to-find federal government information sources, state contacts, publications, trade/professional organiza tions, and databases. Descriptions of entries and a unique two index system for easy use! Softcover/288 pages/Code 743/$59.00 Environmental Laws and Real Estate Handbook, 2nd Edition The national law firm of Donovan Leisure Newton & Irvine provides a practical update of both federal and state develop ments that will help you avoid problems and save money when transferring property rights. Includes liability checklists, sample contract provisions, and a new 22-page survey of state activities. Softcover/280 pages/Code 753/$74.50 NPDES Compliance Inspection Manual The new edition of this detailed EPA manual contains an expanded facility site review checklist, requirements for recordkeeping, reporting, facility site review, sampling, a new section on pretreatment regulations, and more! Softcover/Approximately 256 pages/Code 751/554.00 Risk Assessment Guidelines and Information Directory One comprehensive volume containing both EPA's guidance on the conduct of EPA risk assessments, as well as informa tion on EPA and non-EPA data bases, models, manuals, directories, and periodicals applicable to each major element of risk assessment Softcover/Approximately 290 pages/Code 755/556.00 Wetlands and Real Estate Development In these new proceedings from our September 1988 seminar, legal, technical and government experts bring you up-to- date on: what constitutes a "wetland"; the impact the regulation of wetlands has on your real estate development; the ^jXy consequences of failure to comply with wetland regulations; legal and technical strategies for obtaining wetland JKnits; EPA's role in wetland regulation; and much more! Softcover/Approximately 250 pages/Code 756/567.00 Acid Rain: The View from the States In these proceedings of this December 1987 national conference sponsored by the Acid Rain Information Clearinghouse, 25 experts present a complete update of state activities, as well as new technological developments and a look at the fed eral-state connection. Softcover/Approximately 190 pages/Code 754/558.00 SARA Title III Compliance Guidebook Proceedings from our recent SARA Title III Compliance Update Course detail the latest in enforcement actions and citizen's suits, protecting trade secrets, solving the public relations challenge, and much more. Softcover/187 pages/Code 749/555.00 ORDER THESE BOOKS INSIDE! Government Institutes. Inc. 966 Hungerford Drive, #24 Rockville. MD 20850 Bulk Rate U.S. Poauge PAID Permit No. 37S4 Washington. DC Hazard Communication Standard Inspection Manual OSHA's own inspection procedures covering your Hazard Communication Program, Hazard Determination procedures, employee information and training, labeling, trade secrets, MSDS completeness, and the instances in which OSHA inspectors are instructed to issue citations - plus more! Softcover/114 pages/Code 750/539.00 Waste Minimization Opportunity Assessment Manual hfl^EPA manual of step-by-step procedures for identifying wRe minimization opportunities. Contains over 40 work sheets and detailed instructions from initial assessment to actual implementation. Softcover/104 pages/Code 752/528.00 THOMAS A DECKER CERTAINTEED CORP POD 860 VALLEY FORGE PA 19482 122127 N CTL027403