Kelley Drye Legal Download

The Trump Administration’s U.S. Environmental Protection Agency (EPA) is shifting its enforcement approach from aggressive actions to more cooperative mechanisms, such as compliance assistance programs and voluntary self-disclosure. For regulated industries such as manufacturing, heavy industry, and mineral extraction, this creates an opportunity to strengthen compliance while reducing enforcement risk.

EPA’s long-standing Audit Policy offers significant benefits, ranging from elimination or reduction of civil penalties to tailored incentives for new owners and clearer correction timelines. Successfully leveraging the policy, however, requires careful planning, strategic decisions on disclosure, and an understanding of potential risks.

Co-hosted by Kelley Drye and Fehr Graham, this podcast version of the webinar features Kelley Drye Partners Wayne D’Angelo and Joseph Green and Fehr Graham’s Matt Schroeder, EHS Practice Lead. Together, they share practical guidance on how companies can use EPA’s Audit Policy to manage compliance obligations, mitigate penalties, and minimize enforcement exposure. Theyvexplore:

- Recent policy shifts at EPA under the Trump Administration and their implications for regulated industries

- The benefits of EPA’s Audit Policy and the New Owner Audit Policy

- Key considerations and potential risks when undertaking audits and disclosures

- Practical tips to preserve privilege and maximize penalty mitigation

- Insights into EPA’s coordination with state agencies and how that impacts disclosure decisions

To view the slide deck, click here: https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/Environmental-Auditing-and-Penalty-Mitigation_Leveraging-EPAs-Audit-Policy-Under-the-Trump-Administration.pdf

To view the full Zoom recording of the wfebinar, click here: https://vimeo.com/1129965500/6bac9e3b70?share=copy&fl=sv&fe=ci

In this episode of The Legal Download, Matthew C. Luzadder is joined by Adrian Wall, CEO of the Digital Sovereignty Alliance, along with Kelley Drye Partner Jeffrey J. Hunter, for the second part of our stablecoin series.

Following their discussion of the GENIUS Act, this conversation turns to the Clarity Act — the broader market structure legislation shaping digital assets. Topics include:

• How the Clarity Act builds on the GENIUS Act

• Resolving SEC vs. CFTC jurisdiction

• What counts as a security versus a commodity

• Defining “decentralized systems” under the law

• Implications for innovation, consumer protection, and market certainty

• Bipartisan momentum in Congress and what comes next

Together, the GENIUS Act and Clarity Act form the foundation of a new U.S. framework for digital assets.

In this episode of The Legal Download, Matt Luzadder, Office Managing Partner of Kelley Drye’s Chicago office, is joined by Adrian Wall, CEO of the Digital Sovereignty Alliance and leader of the Stablecoin Leadership Alliance, along with Kelley Drye Partner Jeff Hunter, to discuss the hot topic of stablecoins and the GENIUS Act.

The conversation explores why stablecoins matter for businesses today, the goals of the GENIUS Act and which assets it does and does not regulate, and the importance of requiring reserve assets to back digital currencies. The guests also explain the different federal and state regulatory pathways for issuers, how the Act seeks to balance consumer protection, innovation, and U.S. dollar dominance, and what may come next with legislation such as the forthcoming CLARITY Act.

This episode offers context, clarity, and practical insight into the evolving digital asset regulatory landscape.

On this episode of Legal Download, Kelley Drye partners Joe Green and Wayne D’Angelo, along with special counsel Frances Morris, explore the Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County, Colorado—the most consequential ruling on National Environmental Policy Act (NEPA) in decades.

They walk through the Court’s reasoning, its restoration of agency deference, and its potential to reduce litigation risk, streamline reviews, and reset NEPA’s role as a procedural statute. A must-listen for lawyers, project developers, and agencies navigating permitting and environmental reviews.

For more information: https://www.kelleydrye.com/practices/environmental

On today’s episode of Legal Download, attorneys from Kelley Drye’s Environmental practice will be joined by Kathi Wurzel, a board-certified toxicologist with NewFields, an environmental and engineering consulting firm, to discuss the first proposed national drinking water standard for PFAS released by the EPA this spring. Associate Sabrina Morelli moderates the discussion as Kathi, partner Steven Humphreys and associate Zoe Makoul discuss the standards and the impact of PFAS.

Join Heather Tighe and Ralph Allen as we find out about Ralph's background, welcome him to Kelley Drye and find out what his plans are for the firm.

Currently the regulation of cryptocurrency currently hinges on one question, are cryptocurrency securities under federal securities law or are they commodities? Partner and head of Kelley Drye's Blockchain and Cryptocurrency Practice Matt Luzadder provides insight into what a sensible regulatory model looks like.

Matt Luzadder

(312) 857-2623

https://www.kelleydrye.com/Our-People/Matthew-C-Luzadder

Produced by Sean Sobel

The Supreme Court decision in West Virginia v. EPA may have ramifications that extend far beyond environmental regulations alone. Partner Wayne D'Angelo and Special Counsel Courtney Kleshinski focus on its potential impact on the SEC's proposed climate change rules in particular.

Wayne D'Angelo

(202) 342-8525

https://www.kelleydrye.com/Our-People/Wayne-J-D-Angelo

Courtney Kleshinski

(312) 857-7079

https://www.kelleydrye.com/Our-People/Courtney-L-Kleshinski

Produced by Sean Sobel

Two years into the pandemic, several courts now have had occasion to address the application of force majeure clauses in the COVID-19 context. Special Counsel Cameron Argetsinger and Senior Associate Noah Lindenfeld provide an overview of those recent court decisions.

See their article of the same name in The Real Estate Finance Journal here https://www.kelleydrye.com/getattachment/60ffa863-94d3-42ff-b13c-1b56fe5b24ea/COVID-19-as-a-Force-Majeure-Event_RE-Finance-Journal_Lynch_Spring-2022.pdf.aspx?lang=en-US

Cameron Argetsinger

(202) 342-8649

https://www.kelleydrye.com/Our-People/Cameron-R-Argetsinger

Noah Lindenfeld

(212) 808-7928

https://www.kelleydrye.com/Our-People/Noah-Lindenfeld

Produced by Jeff Scurry

Driving While Unimpaired – Delaware Judge Issues Important Ruling in Hertz Chapter 11 Case on Allowance of Make-Whole Premiums, Treatment of Unimpaired Creditors, and Postpetition Interest (Part 2)

The allowance of postpetition interest in solvent debtor chapter 11 cases has become an important issue in recent years for corporate issuers, bondholders and other creditors. This podcast will examine a recent decision in the Hertz case by Judge Mary Walrath of the U.S. Bankruptcy Court for the District of Delaware on the rate of interest payable to unsecured creditors who are entitled under the Bankruptcy Code to full payment of their claims under a plan of reorganization. (Judge Walrath also addressed other topics in her decision pertaining to the allowance of make-whole premiums, which were examined in part 1.)

Blog Post

https://www.bankruptcylawinsights.com/2022/02/driving-while-unimpaired-delaware-judge-issues-important-ruling-in-hertz-chapter-11-case-on-allowance-of-make-whole-premiums-treatment-of-unimpaired-creditors-and-postpetition-interest-pa-2/

Contacts

Ben Feder

(212) 808-7974

Bio - https://www.kelleydrye.com/Our-People/Benjamin-Feder

Kristin Elliott

(212) 808-5089

Bio - https://www.kelleydrye.com/Our-People/Kristin-S-Elliott

https://www.bankruptcylawinsights.com/

Produced by Jeff Scurry