Real Property/Environmental Law Track
Environmental Law Section
Session B: 2:15 p.m. – 3:15 p.m.
About the Program
This program will address ethical pitfalls in environmental matters—in transactions, administrative proceedings, and litigation—including conflicts of interest, bias, prejudgment, ex parte communications, confidentiality, special issues of competency, emergency response, dealing with consultants and experts, addressing the media, and how and when to present information to adversaries and/or regulators. Real-life examples will be used to illustrate the points being made in the presentation. Since the program is being taught by seasoned practitioners, there will be plenty of time for Q&A following the formal presentation.
You Will Learn
- When the duty of maintaining client confidences clashes with regulatory requirements and/or the Rules of Professional Responsibility
- Tips for handling expert witnesses, both yours and those employed by the other side
- How to avoid ethical and procedural pitfalls in administrative proceedings
Nancy K. Mendel, Winnick Ruben Hoffnung Peabody & Mendel LLC, New Haven
Nancy K. Mendel is a member of Winnick Ruben Hoffnung Peabody and Mendel, LLC and has been practicing environmental law for over twenty-five years, counseling private and public sector clients in transactional, permitting, compliance and enforcement matters in all areas of environmental law. With a focus on brownfield redevelopment, she advises clients on corporate and real estate due diligence, including permitting, environmental insurance, financing, liability and risk assessments, site investigations, remediation, RCRA Corrective Action, Superfund and federal and state environmental enforcement matters. She represents clients regularly in front of Connecticut Department of Energy & Environmental Protection and the US Environmental Protection Agency. Nancy is proud to have been part of the original group of drafters of Connecticut’s landmark state liability relief Brownfields Revitalization and Remediation Act providing first of its kind in the nation state liability relief for Brownfield developers.
Christopher P. McCormack, Pullman & Comley LLC, Bridgeport
Christopher P. McCormack practices environmental law, environmental litigation and complex commercial litigation. His environmental experience ranges from transactional due diligence to lead counsel responsibility for Superfund cost recovery litigation. He is a past chair of the CBA Environmental Section and serves as its Legislative Liaison. He is a member of ASTM Committee E50 on Environmental Site Assessment and Risk Management and chairs the Task Group for ASTM Standard Practice E1903 on Phase II site assessments. Yale BA, Fordham JD.
Dwight H. Merriam, Attorney at Law, Weatogue
Dwight H. Merriam, FAICP, a lawyer and land use planner, is a Fellow in the American College of Real Estate Lawyers, a Fellow and Past President and of the American Institute of Certified Planners, and Past Chair of the ABA Section of State and Local Government Law. He has published over 200 articles and 13 books, including co-editing the treatise Rathkopf’s The Law of Zoning and Planning. UMass BA (cum laude), UNC MRP, and Yale JD.
CLE Credit: 1.0 Hours (CT: 1.0 Ethics; NY: 1.0 Ethics)