Sponsored by the ISBA Environmental Law Section & Wilcox Environmental Engineering

Do you like barbecue? Do you like bourbon? Would you like to enjoy both after earning 1.5 hours of CLE?

Register today for the “What’s the Buzz: Environmental Law Updates on Distilleries and Breweries” CLE, sponsored by the ISBA Environmental Law Section and Wilcox Consulting, on Thursday, Sept. 20 at Regions Tower in Indianapolis. This CLE will focus on some pressing issues in the spirits industry, where a recent building collapse and bourbon spill in Kentucky have raised environmental concerns.

This event will feature 1.5 hours of CLE, .5 of which is ethics, followed by a reception serving up bourbon tastings and barbecue. Beer and wine also will be available.


Thursday, Sept. 20, 2018


Regions Tower Conference Center, Fifth Floor
One Indiana Square,

Indianapolis, IN 46204


3:30 – 4 p.m.

Attorneys Duty to Report a Client’s Environmental Issues (0.5 ethics CLE/Ethics)

H. Max Kelln, partner, Faegre Baker Daniels LLP

The Attorney Rules of Professional Conduct pose the following hypothetical: “A lawyer who knows that a client has accidentally discharged toxic waste into a town’s water supply may reveal this information to the authorities if there is a present and substantial risk that a person who drinks the water will contract a life-threatening or debilitating disease and the lawyer’s disclosure is necessary to eliminate the threat or reduce the number of victims.” But, not all environmental scenarios are so straightforward. When may an attorney report confidential information regarding a client’s environmental issue? When, if ever, is an attorney required to report? Are environmental consultants bound to ever report? A lawyer’s decision to reveal his client’s confidential information is one of the most serious issues him or her may face. Max will explore this thorny ethical question.”

4 – 4:30 p.m.

Air Permitting Basics for Distillers, Wine Makers, and Breweries (0.5 CLE)

Cheryl A. Gonzalez, of counsel, Barnes & Thornburg LLP

Construction and operation of a distillery, or other alcohol production business, raises the same kinds of air permitting considerations as more heavily-industrial sources. And, while smaller operations can generally mean less onerous requirements, it’s always a good idea to evaluate the applicable regulatory landscape. Cheryl will present an overview of air permitting concerns in Indiana, with an eye towards those unique to the distilling, wine producing, and brewing industries. The discussion will also cover scenarios affecting air emissions that may be more frequently-encountered in these industries and explain permitting options and relevant guidance that can give sources additional certainty when facing planned and unplanned events.

4:30 – 5 p.m.

Environmental Health and Safety Considerations for Distillery Operations – A Holistic Approach (0.5 CLE)

Josh Clay, Wilcox Environmental Engineering

Environmental health and safety (EHS) factors into the entire lifecycle of the burgeoning distillery industry. Whether it is a new artisan distillery or a distribution warehouse for large-scale commercial production, EHS can be involved at every step of the process. Proper site selection is critical and includes identifying potential risks such as downstream receptors, ecological impacts, water sourcing, physical facility layout, and construction. EHS issues don’t stop once the facility has been constructed. To assist the EHS professional, modern facilities can be equipped with software which allows for efficient audit and inspection programs, chemical inventory, incident management, permitting and compliance, occupational health, OSHA reporting, sustainability metrics, training, MSDS management, asset tracking, corrective action, and regulatory indexing. In addition to these foundational systems which streamline day-to-day integration of EHS issues, facilities should also be prepared for incident response and the changing regulatory climate. Wilcox will demonstrate a web-based platform which follows an incident response of a distillery using public-facing dashboards that highlight environmental analytics and regulatory sampling results on interactive maps and charts, allowing for easy interpretation of the data. Effective environmental health and safety results can be achieved by leveraging software with current policy – this enables industry to reach the common goal of protecting employees and the environment through best management practices.

5 p.m.

Environmental Law Section Social, featuring bourbon, BBQ, beer and wine.