Vinson & Elkins LLP

Environmental Citizens’ Suit Defense: Preparing for "Private Attorneys General" in the Trump Administration

Tuesday, February 7, 2017 | 12:00 - 1:00 p.m. CT; 1:00 - 2:00 p.m. ET; lunch served at 11:30 a.m. CT, 12:30 p.m. ET | Houston, TX

Broadcast from V&E's Houston office to our Austin, Dallas, New York, and Washington offices. The program is also available via webcast/teleconference.


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As the Trump Administration advances its agenda, several environmental NGOs will look to make good on their pledge to rely on citizen suit statutes to accomplish their public policy priorities. These groups hope to achieve judicial rulings on environmental theories that may not be endorsed by either the legislative or executive branches, while also being reimbursed for their efforts. Risk factors include community relations challenges, publicized environmental incidents, and the misfortune of operating facilities in judicial districts with courts deemed likely to more favorably consider their claims.

It is important for a company to be prepared and react strategically if it becomes the target of such a suit. The initial actions taken by a recipient of a notice of intent to sue under the citizen suit provision of an environmental statute are critical to the company’s ability to dictate the direction of the dispute.

In this presentation, we provided a brief overview of the citizen suit provisions in various environmental statutes, described the range of usual outcomes for cases brought under them, and described strategies for responding to citizen suit risk, from prevention of their filing in the first instance, to their disposition by motion, and all the way to trial, if necessary.

Vinson & Elkins LLP is an accredited sponsor, approved by the State Bar of Texas Committee on MCLE. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours. Vinson & Elkins has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York for the period of June 1, 2014 to June 2, 2017. This Transitional and Non-Transitional continuing legal education program has been approved in accordance with the Continuing Legal Education Board of the State of New York for a maximum of 1.00 credit hours, in the area of Professional Practice. Vinson & Elkins LLP is a Multiple Activity Provider for The State Bar of California. This activity is approved for 1.00 general hours. Vinson & Elkins is registered with the Texas State Board of Public Accountancy as a CPE sponsor. This registration does not constitute an endorsement by the board as to the quality of our CPE program. This course is eligible for 1.00 CPE credit hours, of which 1.00 hours can be applied to the area of Other. No prerequisites required.

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Vinson & Elkins LLP - Houston Office
1001 Fannin Street, Suite 2500
Houston, TX 77002

T +1.713.758.2222


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