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Environmental Law Section: DEEP’s June 27, 2017 Declaratory Ruling In re: Antea USA Inc. (SEN170926)
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When: Tuesday, September 26, 2017
6:00 p.m.-8:30 p.m.
Where: Eli’s on Whitney
2392 Whitney Ave
Hamden, Connecticut  06518
United States
Contact: Member Service Center

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DEEP’s June 27, 2017 Declaratory Ruling In re: Antea USA Inc. and Antea's August 10, 2017 Administrative Appeal: Implications for site remediation and closure in Connecticut

This program will provide and overview of the questions raised by Antea in its petition, the substance of DEEP's ruling, the implications of that ruling for remediation projects in Connecticut and possible actions by the regulated community.

  • Introduction- Issues raised in Antea's Petition
  • Summary of key elements of the DEEP Decision
  • Legal issues raised and practical problems posed by the DEEP Decision
  • Antea's appeal - legal basis and process/standards
  • Short-term response/reaction- DEEP comments, EPOC views
  • Possible long-term responses- judicial, regulatory, legislative
  • Q&A

Eric Brown, Senior Counsel, Connecticut Business & Industry Association

Nancy K. Mendel, Esq., Winnick Ruben Hoffnung Peabody & Mendel, LLC

Alfred E. Smith, Jr., Esq. Murtha Cullina LLP

Eric Brown is senior counsel at CBIA, Connecticut’s leading business organization. His primary responsibilities include developing policy positions on energy, environment, land use, and manufacturing issues and advocating those positions before regulatory agencies and the state legislature.  Brown also directs E2: CBIA Energy & Environment Council, a group of approximately 200 Connecticut companies assisting CBIA in developing and advocating public policy positions on environmental and energy issues and keeping members up-to-date with government activities in these areas.  Before CBIA, Brown served as a senior environmental analyst with the Connecticut Department of Environmental Protection. He also worked as an environmental specialist in private practice and worked at the state legislature as well.  He holds a B.S. in geology from the University of Rhode Island, a M.S. in geophysics from Boston College and a J.D. from Western New England College School of Law.

Nancy Mendel is a member of Winnick Ruben Hoffnung Peabody and Mendel, LLC and has been practicing environmental law for over twenty 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 and remediation. 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.


Al Smith is a former managing partner of the firm and now serves as Chair of the Regulatory Department. He practices in the areas of environmental and municipal law. He has extensive experience in all areas of environmental law. He regularly advises clients with respect to regulatory compliance issues and in connection with environmental issues associated with real estate and corporate transactions. Al has written and spoken on many environmental law issues including the impact of bankruptcy proceedings, fiduciary liability under environmental laws, employee and community “right-to-know,” air quality and “Brownfields” redevelopment. He regularly counsels municipal clients in matters ranging from governance to finance and land use. He also has devoted substantial time in representing clients in the development, permitting, and operation of energy generating facilities including those using fossil fuels, refuse and renewable sources. Al is a former adjunct professor at the University of New Haven Graduate School, where he taught environmental law.


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