www.shopaba.org/EnvironFalL
Conference Highlights
Top Level Speakers from FERC,
U.S. DOJ, and U.S. EPA
Informative and Thought-Provoking
Plenary Sessions:
Environment, Energy, and Resources:
What the Next President Needs to Know
The Next Generation of Environmental Litigation
Hot Topics Panels on the Future of Energy Markets
in the West, Marijuana and the Environment,
Transitions in Energy Development
Practical Sessions on Complex Environmental
Transactions, Environmental Provisions in
Real Estate Contracts, NRD Conflicts,
Advanced Trial Strategies
E
nvironmental, energy, and resources law is in a time of transition, with a
wide range of questions being asked by practitioners. How will the Clean
Power Plan set a new course for energy? Beyond Paris, where do we go
on climate change? What will be the implications of environmental and social
disclosures? How do we best address America’s drinking water infrastructure
problems? At the 24th Fall Conference in the Mile High City, leading panelists
will examine these questions and more.
In addition to attending thought-provoking discussions, participants can
hone their practice skills with sessions on navigating complex environmental
transactions, negotiating environmental provisions in real estate contracts,
resolving Natural Resource Damages (NRD) claims, and utilizing advanced trial
strategies for an environmental case.
Denver provides a perfect backdrop for the conference, offering lessons about
how a city can rebuild and revitalize. It has transitioned from a city with its share
of brownfield areas to an urban haven that attracts thousands of new residents
every month. The confluence of Cherry Creek and the South Platte River is now
enjoyed by Denverites as Confluence Park. The Rocky Mountain Arsenal, where
chemical weapon development led to contamination, has become a federal
wildlife refuge. Throughout this revitalization, the energy industry has remained
a driver of Denver’s economy.
Plan to join your colleagues in Denver on October 5–8, 2016, to learn from the
best and to network with friends old and new. The conference is designed to
engage you, whatever stage in your career or practice setting and wherever
practice.
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2016-2017 Section Chair
Seth A. Davis
Elias Group LLP
Rye, NY
Program Planning Chair
Thank yOu
TO OUR SPONSORS
Alf W. Brandt
Office of the Speaker, California State Assembly
Sacramento, CA
Planning Committee
ANNUAL SECTION SPONSORS
Dennis Abraham
U.S. Environmental Protection Agency
Philadelphia, PA
Douglas S. Arnold
Alston & Bird, LLP
Atlanta, GA
Federico Cheever
University of Denver Sturm College of Law
Denver, CO
Jessica Chiavara
Blue Rock Energy
Syracuse, NY
Shelly Geppert
Eimer Stahl LLP
Chicago, IL
Maria De Lourdes Jimenez-Price
Sacramento Municipal Utility District
Sacramento, CA
Christine A. Jochim
Brownstein Hyatt Farber Schreck, LLP
Denver, CO
David S. Johnson
Central Arizona Project
Phoenix, AZ
Benjamin Lowenthal
Messner Reeves, LLP
New York, NY
PLATINUM SPONSOR
Roger R. Martella Jr.
Sidley Austin LLP
Washington, DC
Granta Y. Nakayama
King & Spalding LLP
Washington, DC
Johnathan Nwagbaraocha
Xerox Corporation
Webster, NY
GOLD SPONSOR
Sarah Payne-Jarboe
English Lucas Priest & Owsley LLP
Bowling Green, KY
Lauran M. Sturm
Tennessee Department of Environment
and Conservation
Nashville, TN
Mathew J. Todaro
Verrill Dana LLP
Portland, ME
Environmental, Energy, and Resources Law
3
PROGRAM SCHEDULE
WEDNESDAY, OCTOBER 5, 2016
1:00 p.m. – 4:00 p.m.
Public Service Project
This year, our public service project will be held
at the Colorado Governor’s Mansion, located
approximately two miles from the Westin Denver
Downtown. Participants will harvest vegetables and
prepare garden beds for winter. The food harvested
will be given to local food banks and shelters and
will sustain the neediest of community members.
In particular, the vegetables from the Governor’s
Mansion garden are donated to the Gathering
Place, a “community of safety and hope serving
women, children, and transgender individuals who
are experiencing poverty or homelessness.” To
volunteer for this public service project simply sign
up while registering. If you have any questions,
please contact Allison Read at allison.read@
americanbar.org.
6:00 p.m. – 8:00 p.m.
Welcome Reception
Catch up with old friends, become acquainted
with new ones, and meet Section leadership.
Meeting registration will be open so you can pick
up your name badge and conference materials.
THURSDAY, OCTOBER 6, 2016
7:30 a.m. – 8:30 a.m.
Continental Breakfast
8:30 a.m. – 10:00 a.m.
Environment, Energy and
Resources: What the Next
President Needs to Know
2016 is a time of transition. The United States has
started implementing the Paris accord on climate.
When the Section gathers this fall, the presidential
election will be just a month away. The conference’s
opening discussion will allow two national leaders
the opportunity to highlight the top priorities on the
nation’s agenda for the environment, energy and
resources. They will offer the next Administration a
primer on the key issues that it will encounter when
it takes office in January 2017.
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MODERATOR:
Maureen F. Gorsen, Alston & Bird, LLP,
Sacramento, CA
SPECIAL SPEAKERS:
Honorable John Hickenlooper, Governor, State of
Colorado
Honorable Norman C. Bay, Chairman, Federal
Energy Regulatory Commission
10:00 a.m. – 10:30 a.m.
Networking Break
10:30 a.m. – 12:00 p.m.
Concurrent CLE Sessions
What’s In a Disclosure? Implications of
Environmental and Social Disclosures
State, federal, and international laws require
an increasing level of disclosure of product
ingredients. Conflict minerals, nanomaterials,
sustainability, and genetically modified
organisms lead to internal corporate debates
about disclosure. Corporate clients regularly ask
their lawyers—from firms and in-house counsel—
to advise different units on when and what to
disclose. During this session, audience members
will participate in an interactive simulated
conversation between executives of a fictional
company with in-house and outside counsel to
understand the potential business and legal risks
related to these disclosures. Participants will
experience first-hand how clients and lawyers
need to work together to balance competing
business interests and legal requirements,
including securities lawsuits alleging 10b-5
violations relating to environmental liabilities.
MODERATOR:
Peter J. Gioello, Jr., Cahill Gordon & Reindel LLP,
New York, NY
SPEAKERS:
Raymond L. Coss, Senior Counsel, Nissan North
America, Inc., Franklin, TN
Betty M. Huber, Davis Polk & Wardwell LLP, New
York, NY
Melike Yetken, Senior Advisor for Corporate
Responsibility, U.S. Department of State,
Washington, DC
Brownfields, Breweries, and
Redevelopment in the Mile-High City
and Beyond
Denver, along with many other western cities,
has seen a renaissance of urban living on lands
recently occupied by warehouses, railroad
yards, smelters, and factories. In the context
of specific Denver projects, this panel will
look first at the unique legal challenges (Clean
Water Act, CERCLA, groundwater closure
regulations, asbestos in soil) and opportunities
(public-private partnerships, beneficial reuse of
material) of brownfields redevelopment in the
Rocky Mountain West. It will compare western
success stories to their east coast counterparts
in a discussion of the tools available to make a
project work regardless of its location. Listeners
will gain practical insight into resolving financing
and liability concerns.
MODERATOR:
Pamela K. Elkow, Carmody Torrance Sandak
Hennessey LLP, Stamford, CT
SPEAKERS:
Jessica Brody, Assistant City Attorney, Denver
City Attorney’s Office, Denver, CO
Polly B. Jessen, Kaplan Kirsch & Rockwell LLP,
Denver, CO
Stuart Miner, Co-Founder and Principal, RE
Solutions, Denver, CO
Transitions in Energy Development:
What Lawyers Need to Know
Numerous regulatory, political, and economic
pressures drive—and sometimes hinder—
transitions from fossil fuel to renewable energy
across the country. Implementing these policies
creates significant new challenges for lawyers
charged with turning these new energy goals into
projects that clear regulatory, permitting, and
litigation hurdles. The emerging energy transition
toward renewable energy raises significant legal
questions regarding the decommissioning of
existing plants, development on public lands,
requirements under the National Environmental
Policy Act and the Endangered Species Act, the
complex intersection of federal, state, and local
regulations on energy, environment, and land
use, and omnipresent litigation in this area. This
panel will discuss what lawyers need to know and
anticipate in order to navigate the multi-layered
framework for advising clients on getting their
renewable energy projects ultimately to clear
these various legal obstacles.
MODERATOR:
Sheila Hollis, Duane Morris LLP, Washington, DC
SPEAKERS:
David R. Hill, General Counsel, NRG Energy,
Princeton, NJ
Aaron Levine, National Renewable Energy
Laboratory, Golden, CO
Rose McKinney-James, Managing Principal,
Energy Works LLC, Las Vegas, NV
12:00 p.m. – 1:30 p.m.
Interest Area Luncheon
Learn more about the substantive areas of our
Section. Join any table to meet committee
leadership and other conference attendees
practicing in your area of law.
1:30 p.m. – 2:00 p.m.
Expert Insight Panels (non-CLE)
Strengthen your substantive knowledge of
some of the most pressing issues confronting
environmental, energy, and natural resource
lawyers today by attending one of these focused
technical presentations. These 30-minute
presentations offer you the opportunity to take a
“deeper dive” into the technical issues and learn
something new from some of the nation’s top
environmental consultants and service providers.
Avoiding Environmental Landmines in
Commercial Real Estate Transactions
Bloomberg BNA
In recent years, the commercial real estate
(CRE) market has gained momentum, which
has resulted in an uptick in the number of
properties with environmental risks that are being
transferred or refinanced. It is critical for lawyers
involved in transactions to understand current
CRE trends and risks. This session will provide
an overview of the state of the CRE market and
then, looking beyond traditional environmental
due diligence, will address the ever-evolving
environmental insurance market, emerging issues
related to vapor intrusion and regulatory changes
that could give rise to reopeners, as well as the
special concerns of lenders. The session also will
examine the most common environmental risk
pitfalls, analyze the impact ASTM 1527-13 is
having on how due diligence is conducted, and
offer strategies to manage or mitigate potential
environmental liabilities.
Environmental, Energy, and Resources Law
5
SPEAKER:
Derek Ezovski, President, Outsourced Risk
Management Solutions LLC, West Hartford, CT
Presentation By Foth Infrastructure &
Environment, LLC
Title and Description to be announced.
Utilizing Stable Isotope Tools in Legal
Matters
Geosyntec Consultants, Inc.
Stable isotope tools applied at contaminated sites
have demonstrated the potential to provide a line
of evidence for allocating groundwater contaminant
sources, estimating degradation rates, and
evaluating natural attenuation in recent litigation
matters. As a result, these tools are receiving more
attention and scrutiny in the Courts particularly
in litigation matters requiring identification of the
number of contaminant sources and distinguishing
between them, assessment of the degree and
mechanisms of contaminant degradation, and
evaluation of natural versus synthetic perchlorate
sources. Under Federal Rule 702 and Daubert,
judges, lawyers, and technical practitioners
need to understand the utility, capabilities, and
limitations of this tool, as well as the validity and
admissibility of stable isotope evidence. The goal
of this presentation is to effectively communicate
the principles, capabilities, applications, and
limitations of stable isotope tools in the context of
the legal process.
SPEAKER:
Dr. Silvia Mancini, Environmental Geoscientist,
Geosyntec Consultants, Inc., Toronto, ON, Canada
2:00 p.m. – 2:15 p.m.
Networking Break
2:15 p.m. – 3:45 p.m.
Concurrent CLE Sessions
Cutting Through the Haze: Marijuana
and the Environment
In November, 14 states will vote on whether to
join 23 other states and the District of Columbia
in legalizing some form of marijuana. The
legalization of adult use and medicinal marijuana
presents unique issues of federalism and state/
local control. Whether legal or not, protecting the
environment in marijuana cultivation has become
a critical challenge for state environmental
regulation, with marijuana cultivation requiring
significant water, energy, and land resources.
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This panel will offer a mix of perspectives on how
states and the marijuana industry can use market
and regulatory controls to drive sustainability in
marijuana cultivation.
MODERATOR:
Hilary Bricken, Harris Moure, PLLC, Seattle, WA
SPEAKERS:
Mark Bolton, Senior Deputy Legal Counsel, Office
of Governor John W. Hickenlooper (CO), Denver, CO
Hon. Rob Bonta, Member, California State
Assembly, Oakland, CA
John-Paul Maxfield, Founder and CEO, Waste
Farmers, Denver, CO
From Conception to Commerce:
Achieving Success in a Consumer
Product Launch
Our new consumer product is ready to be placed
into several global markets. To triumph our
product launch, our company is inviting YOU
to a behind the scenes look at our product
development process. Join us as we revisit
key decisions made during the research and
development and product review stages, including
discussion of reporting obligations, product
labeling, and global trade challenges. And, join
our present-day discussions concerning the
threat of litigation and potential liability and best
practices to avoid these threats. Our successful
product launch is based in no small part on
our understanding of the evolving international,
federal, and state product regulations and related
marketing imperatives. Audience members are
encouraged to participate in this fictionalized
rendition of the commercialization process.
MODERATOR:
Lawrence E. Culleen, Arnold & Porter,
Washington, DC
SPEAKERS:
Keshia Carswell, Senior Regulatory Affairs
Associate, Stepan Company, Northfield, IL
Wendy Cleland-Hamnett, Office of Pollution
Prevention and Toxics, U.S. Environmental
Protection Agency, Washington, DC
Dufferin Harper, Blake, Cassels & Graydon LLP,
Calgary, AB, Canada
Rachel Lattimore, General Counsel, Senior Vice
President, CropLife America, Washington, DC
Future of Energy Markets in the West
An interstate wholesale electricity market may be
coming to your state soon. The West continues to
rely largely on “traditional” wholesale electricity
markets, where public utilities generally
manage the entire system (from generation and
transmission to retail distribution facilities). Power
is bought and sold through bilateral transactions
and power pool agreements. While much of the
country has moved to centralized wholesale
markets operated by regional transmission
organizations (RTOs) and independent system
operators (ISOs), California is the only Western
state to have such markets. Western states
are now considering creation of regional
markets. Adopting those new markets may have
implications for the jurisdiction of federal and
state regulators under the Federal Power Act,
and may require the adoption of new legal rules
and enforcement regimes to address market
behavior. This timely discussion will discuss these
and other legal and regulatory challenges and
opportunities that come with such a transition.
MODERATOR:
Suedeen G. Kelly, Akin Gump Strauss Hauer &
Feld LLP, Washington, DC
SPEAKERS:
Joshua B. Epel, Chairman, Public Utilities
Commission, Colorado Department of Regulatory
Agencies, Denver, CO
Loretta M. Lynch, Former President, California
Public Utilities Commission, San Francisco, CA
Delia Patterson, General Counsel, American
Public Power Association, Arlington, VA
3:45 p.m. – 4:15 p.m.
Networking Break
4:15 p.m. – 5:45 p.m.
Concurrent CLE Sessions
Clean Power Plan: Litigation and
Implementation Update
After the Supreme Court’s stay of the Clean
Power Plan in February, the Court of Appeals
for the D.C. Circuit delayed challenges to the
rule for en banc review. Oral argument in the
consolidated cases is scheduled for September
27, after the pre-stay deadline for states to
submit final implementation and enforcement
plans. Advocates for states, energy companies
and clean energy continue to engage in debate
over fighting or implementing the Clean Power
Plan, given the unique nature of each state’s
energy supplies. This session will provide an
update on these Clean Power Plan developments,
and offer differing perspectives on next steps for
transforming the nation’s energy grid, one state
at a time.
MODERATOR:
Christina F. Gomez, Holland & Hart LLP, Denver,
CO
SPEAKERS:
Avi Garbow, General Counsel, U.S. Environmental
Protection Agency, Washington, DC
Elbert Lin, Solicitor General of West Virginia,
Office of the West Virginia Attorney General,
Charleston, WV
Vickie Patton, General Counsel, Environmental
Defense Fund, Boulder, CO
The Titans Strike Back: Advanced Trial
Strategies for an Environmental Case
In this fast-paced presentation, some of the
nation’s most experienced environmental trial
lawyers demonstrate techniques for compelling
advocacy in a complex environmental trial. The
speakers—back by popular demand—collectively
bring decades of courtroom and environmental
trial experience to this active demonstration
and discussion. They will show how the trial can
be won or lost before the complaint is filed, in
working with government investigators and the
news media. They will offer effective trial tactics,
from before the trial starts to closing statements.
The faculty will both demonstrate and comment
on proven techniques and strategies. This highly
rated program offers a fantastic opportunity to
learn best practices from skilled trial lawyers that
you can apply to your next case.
SPEAKERS:
James A. Bruen, Farella Braun & Martell LLP,
San Francisco, CA
John C. Cruden, Assistant Attorney General,
Environment and Natural Resources Division,
U.S. Department of Justice, Washington, DC
Peter Hsiao, Morrison & Foerster LLP, Los
Angeles, CA
Sustainable Development on Green
Fields at Sterling Ranch
Sterling Ranch is a 3,400-acre mixed-use
community outside of Denver, slated to be the
most high-tech and sustainable community ever
built in the United States. Transforming how
a new community sustainably uses water and
energy requires changes to infrastructure, laws,
and policy. This panel will discuss major legal
hurdles that must be overcome to embark on
sustainable development, viewed from a variety
of perspectives on challenges that have been
Environmental, Energy, and Resources Law
7
overcome as well as those that remain. These
include the successful challenge to Colorado
water laws prohibiting rainwater harvesting, the
decision to operate as a “special district” under
state law which confers quasi-governmental
authority, and remaining challenges that come
with employing cutting edge technology aimed at
energy conservation while working with a highly
regulated energy utility. Sterling Ranch reflects
the convergence of environmental policy and
unique regulatory challenges, and may provide a
road map for future communities.
Creek and Platte River. As an added bonus,
you’ll earn a collectable SEER shirt to remember
the occasion and some snacks on your return.
All are welcome for this fun networking way to
start the day with a walk or a run outdoors. After
you register, watch for an e-mail about this fun
event, and sign up so we can have a t-shirt ready
for you.
MODERATOR:
Ronda Sandquist, Brownstein Hyatt Farber
Schreck, LLP, Denver, CO
8:30 a.m. – 10:00 a.m.
SPEAKERS:
James Eklund, Director, Colorado Water
Conservation Board, Colorado Department of
Natural Resources, Denver, CO
Alice Jackson, Regional Vice President, Rates
and Regulatory Affairs, Xcel Energy, Denver, CO
Harold Smethills, Chairman, Sterling Ranch
Development Company, Highlands Ranch, CO
2016 will be remembered as a monumental year
for environmental litigation. The unprecedented
litigation involving the Obama Administration’s
landmark Clean Power Plan will have far reaching
implications on future enforcement actions taken
by EPA that go well beyond just climate change.
Other precedent-setting decisions, such as
“Waters of the United States,” will also impact
how courts address environmental law in the
years to come. And record-setting environmental
enforcement resolutions, in cases like
Volkswagen, draw attention. The dynamic and
unpredictable 2016 election cycle also is likely
to affect who fills the vacancy on the Supreme
Court, and environmental litigation in general.
This distinguished panel will address what these
recent developments could mean for core issues
in environmental litigation, whether substantive
or procedural, in the near and long term. Listen
to this discussion and be prepared.
5:45 p.m. – 10:00 p.m.
Networking Reception and
Section Dinner
Old and new friends and Section leadership are
welcome to join us for fellowship and informal
networking over cocktails (cash bar). Following
the reception, all are invited for a unique dining
experience at the Ellie Caulkins Opera House.
Colloquially known as “The Ellie,” the opera house
is one of only three opera houses in the United
States, one of nine world-wide, with seatback
titling at every seat in the house. Stunning
original opera costumes are on display from the
early 1900s and original Vance Kirkland pieces
surround the walls. All attendees are welcome!
Dinner is included in your registration fee;
additional guest tickets are available for purchase.
FRIDAY, OCTOBER 7, 2016
6:45 a.m. – 8:00 a.m.
#SEERRunClub
On Friday morning, join your colleagues and
make new friends on a casual and laid back 5K
fun run/walk along the beautiful nearby Cherry
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7:30 a.m. – 8:30 a.m.
Continental Breakfast
The Next Generation of
Environmental Litigation
MODERATOR:
Monica Trauzzi, Managing Editor & Host, E&ETV,
Washington, DC
SPEAKERS:
Caitlyn Halligan, Gibson Dunn & Crutcher LLP,
New York, NY
Lisa Jones, Deputy Assistant Attorney General,
Environmental and Natural Resources Division,
U.S. Department of Justice, Washington, DC
Richard Revesz, Dean Emeritus, NYU School of
Law, New York, NY
10:00 a.m. – 10:30 a.m.
Networking Break
RISING SUPERSTAR SERIES
FRIDAY, OCTOBER 7, 2016
In order to engage the next generation of leading environmental, energy, and resource lawyers, the
Section has organized a two-part series for newer lawyers. Relying on veteran Section members, our
Rising Superstars program will present a hypothetical scenario illustrating a complex environmental
transaction and a second session on oral advocacy skills.
10:30 a.m. – 12:00 p.m.
Today’s business transactions are laden with
environmental liabilities. Guiding clients safely
through the multi-faceted process of a major
environmental transaction and distinguishing
between a deal and a debacle is a high-stakes
analysis that challenges even highly experienced
attorneys. Rising superstars can develop these
skills at this interactive session, with veteran
transactional attorneys leading you step-bystep through the environmental issues in a
hypothetical business deal. More than just a
lecture, this panel provides the opportunity for
you to practice technical and analytical skills on
issues such as dogged due diligence, creative
contractual provisions, liability shifting, and
assuring adequate permitting.
One of the most important tools lawyers can
offer is their ability to advocate effectively
for clients, particularly before environmental
regulators. For many environmental lawyers
early in their careers, however, a skills-gap
exists because they spend very little time
advocating for clients in court or before
regulatory agencies. This interactive panel
will focus on developing and honing that
lost skill: sharp oral advocacy. Using the
hypothetical from the “Rising Superstars”
transactions program, participants will engage
with veteran advocates and a hearing officer,
in three separate groups, in preparing for
oral argument. The advocates will offer key
techniques and strategies for oral argument
preparation. The hearing officer will offer the
fact finder’s perspective before, during, and
after an argument. After a mock argument,
the advocates and hearing officer will lead a
discussion of what worked and what did not.
MODERATOR:
LaJuana Wilcher, Partner, English Lucas Priest
& Owsley, LLP, Bowling Green, KY
MODERATOR:
Howard Kenison, Lindquist & Vennum LLP,
Denver, CO
SPEAKERS:
Abbi Cohen, Dechert LLP, Philadelphia, PA
Marian Hwang, Miles & Stockbridge PC,
Baltimore, MD
SPEAKERS:
Peter Condron, Sedgwick LLP, Washington, DC
Casey A. Shpall, Former Deputy Attorney
General, Natural Resources & Environment
Section, Office of the Attorney General,
Colorado Department of Law, Denver, CO
Justice Diana Terry, Judge, Colorado Court of
Appeals, Denver, CO
Rising Superstars: Navigating
Complex Environmental
Transactions
2:15 p.m. – 3:45 p.m.
Rising Superstars: The Tongue
is Sharper than the Sword
10:30 a.m. – 12:00 p.m.
Concurrent CLE Sessions
Resolving Conflicts Over Natural
Resource Damages (NRD)
States across the country have seen spills into
rivers and oceans. The Deepwater Horizon oil
spill resulted in an historic NRD settlement with
many natural resource trustees. The recent mine
remediation spill into the Animus River has raised
concerns about abandoned mines throughout the
nation, and the legal and technical challenges to
remediating these sites. These natural resource
disasters have led to new claims for NRD. The
Environmental, Energy, and Resources Law
9
scope of NRD claims, legal precedents, and
procedures to assess the damages therefore
continue to evolve. The panel will discuss these
recent events, their lessons, and their impact on
how to assess, adjudicate, and resolve emerging
contamination issues in the years ahead.
MODERATOR:
Granta Y. Nakayama, King & Spalding LLP,
Washington, DC
SPEAKERS:
Ginny Brannon, Director, Colorado Division
of Reclamation Mining and Safety, Colorado
Department of Natural Resources, Denver, CO
Brian D. Israel, Arnold & Porter LLP, Washington,
DC
Pete Maysmith, Executive Director, Conservation
Colorado, Denver, CO
A Glass Half Empty – Flint,
Environmental Justice, and America’s
Drinking Water Infrastructure Problem
Flint, Michigan’s drinking water crisis stands as
a reminder of the catastrophic results of public
water mismanagement. Flint’s story captured the
nation’s attention, raising new concerns for our
aging drinking water infrastructure and the ability
of financially strapped governments to protect
public health. Many residents of Flint have
turned to the courts for redress, and several class
action cases are pending. Drawing on decades
of experience studying local governance in high
poverty areas, designing the federal government’s
environmental justice policy, and defending a
major metropolitan water authority from similar
class action lawsuits, our distinguished panel
lends new perspectives on these issues.
the United Nations Framework Convention on
Climate Change (COP 21) reaffirmed the goal of
limiting global temperature increase to less than
two degrees Celsius. The COP 21 agreement,
however, reflects only another step toward a
new era of international and domestic climate
change obligations. It is now up to governments
and industry to find the ways to fulfill those
obligations. Critical to the success of the Paris
agreement will be new laws and regulations
domestically and abroad that will create new
obligations for sectors that rely on fossil fuels
as well as sectors promoting renewable and
alternative energy. This panel will discuss where
domestic and international leaders have gone
and will need to go in order to realize the goals
of COP 21 through new laws and policies, and
what lawyers need to know to advise their clients
on these changes. This panel will discuss the
agenda for the next Administration and states,
and how private party and NGO legal challenges
may aim to achieve emission reductions and
remedies beyond the agreement.
MODERATOR:
Roger R. Martella Jr., Sidley Austin LLP,
Washington, DC
SPEAKERS:
Conor Linehan, William Fry, Dublin, Ireland
Janet McCabe, Acting Assistant Administrator,
Office of Air and Radiation, U.S Environmental
Protection Agency, Washington, DC
Matthew Rodriquez, California Secretary
for Environmental Protection, California
Environmental Protection Agency, Sacramento, CA
12:00 p.m. – 1:30 p.m.
MODERATOR:
Gary Steinbauer, Region 5, U.S. Environmental
Protection Agency, Chicago, IL
Luncheon
SPEAKERS:
Michelle Wilde Anderson, Stanford Law School,
Stanford, CA
Randy Hayman, Beveridge & Diamond,
Washington, DC
Quentin Pair, Environmental Justice Professor,
Howard University School of Law (Former Trial
Attorney at the U.S. Department of Justice),
Washington, DC
Expert Insight Panels (non-CLE)
Looking Beyond Paris: What’s Next for
Lawyers and Climate Change Law?
In December 2015, parties attending the 21st
Session of the Conference of the Parties to
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1:30 p.m. – 2:00 p.m.
These 30-minute Expert Insight Panel
presentations will offer you the technical
perspective on the legal issues you heard
discussed at the conference so far. Select the
technical topic that relates best to your interests
as presented by the nation’s top environmental
consultants and service providers.
Emerging Issues with Resource
Extraction and Regulation – Linking
Science, Policy and Law to Solve
Difficult Challenges
Ramboll Environ
Law and science share a common vision to
encourage business practices and public policy
initiatives that lead to achievable and rational
environmental goals that safeguard the environment
and protect communities. Scientists, attorneys and
policy makers face two challenges—agreement
on interpretation of imperfect environmental
information and agreement on the trade-offs of
impacts, effectiveness, efficiency of actions that
affect communities when making decisions and
settling legal disputes. National issues connected
to federal statutes and regulations—from the
Endangered Species Act (ESA) to the Stream
Protection Rule (SPR) – exemplify national
resource management initiatives generating
considerable debate arising out of disagreement
about uncertainties and trade-offs. Environmental
benefits analysis and similar comparative cost/
benefit tolls could help resolve these disputes,
seeking balance between utilizing natural resources
and meeting society and commercial demands
while sustaining and protecting the environment.
SPEAKER:
Richard Wenning, Principal, Ramboll Environ,
Portland, ME
2:00 p.m. – 2:15 p.m.
Veronica Larvie, Senior Attorney, Office of the
Solicitor, U.S. Department of the Interior, Salt
Lake City, UT
Rebecca Watson, Welborn Sullivan Meck &
Tooley, PC, Denver, CO
Murky Waters: State Deference or
Increasing Federalism?
In California v. United States, Justice Rehnquist
observed that, through the history of western
water “runs the consistent thread of purposeful
and continued deference to state water law by
Congress.” The Clean Water Act (CWA) offers an
example, giving states the authority to implement
the CWA and to control and allocate rights to the
same waters that are under federal jurisdiction.
Recent changes in federal regulation (e.g.,
“Waters of the United States”) and claims to
water rights, such as federally reserved rights to
groundwater, may shift this historical deference
to states and raise important questions as to
state versus federal jurisdiction. This program
will discuss recent changes in federal regulation
and the implications for water lawyers, holders
of water rights, and state authorities. Will Justice
Rehnquist’s “thread” of deference to states on
water survive?
Networking Break
MODERATOR:
Sorell Negro, Robinson & Cole LLP, Miami, FL
2:15 p.m. – 3:45 p.m.
SPEAKERS:
Ramsey Kropf, Deputy Solicitor for Water, U.S.
Department of the Interior, Washington, DC
Peter Nichols, Berg Hill Greenleaf & Ruscitti LLP,
Denver, CO
Martha E. Rudolph, Director of Environmental
Programs, Colorado Department of Public Health
and Environment, Denver, CO
Concurrent CLE Sessions
Emerging Issues in Resource Extraction
and Regulation
Continued extraction of fossil fuels—
conventional (e.g., coal mines, oil/gas wells)
and unconventional (e.g., fracking)—raises a
sweeping range of regulatory issues including
“who regulates” (federal, state and local
regulation) and how impacts are assessed and
managed (e.g., NEPA, permitting and the social
cost of carbon). Do recent developments on
federal public lands suggest a shift in emphasis
away from traditional energy extraction? What
do recent developments regarding resource
extraction on private land tell us about the future
of resource extraction and regulation?
MODERATOR:
Dave Neslin, Davis Graham & Stubbs LLP,
Denver, CO
SPEAKERS:
Barbara Green, Sullivan Green Seavy LLC,
Boulder, CO
Negotiating the Environmental
Provisions in a Real Estate Contract
In the last century, natural resource and
industrial development impacted the environment
and the nation’s real property. Federal and
state environmental laws now apply to land
management and sale transactions when a new
owner seeks to repurpose the property. In this
mock real estate transaction negotiation, panelists
will explain the meaning and importance of
important environmental provisions to their
clients (buyer and seller) and discuss various
tools to close the deal (e.g., environmental
insurance, institutional controls). Attendees
will have an opportunity to participate in the
negotiation, through questions and suggestions.
Environmental, Energy, and Resources Law
11
MODERATOR:
Eugene P. Schmittgens Jr., Evans & Dixon LLC,
St. Louis, MO
MODERATOR:
R. Juge Gregg, Attorney, U.S. Department of
Justice, Washington, DC
SPEAKERS:
Chintan Amin, Senior Counsel, Bayer
Corporation, Pittsburgh, PA
Margaret L. Bazany, The Dow Chemical Company,
Philadelphia, PA
Steven T. Miano, Hangley Aronchick Segal Pudlin
& Schiller, Philadelphia, PA
SPEAKERS:
Pamela R. Hanebutt, Eimer Stahl LLP, Chicago, IL
Justice Gregory Hobbs (retired), Colorado
Supreme Court, Denver, CO
Shahrokh Rouhani, President, NewFields
Companies, LLC, Atlanta, GA
Speakers subject to change.
3:45 p.m. – 4:15 p.m.
5:45 p.m. – 6:45 p.m.
Networking Break
Networking Reception (cash bar)
4:15 p.m. – 5:45 p.m.
7:00 p.m.
Ethics Session: Ethics and Experts
Taste of SEER (Dine Arounds)
Enlisting the help of experts and investigators is
a routine part of environmental enforcement and
litigation. But working with these professionals
triggers ethical considerations that need to be
carefully assessed, starting with the terms of
the engagement. Join our panel as they identify
key ethical issues in working with experts and
investigators, and the ABA Model Rules that will
guide your course of action.
On Friday evening, you are invited to participate
in a Dutch-treat dinner (each person pays for
his or her own meal). Dinner reservations have
been made at several restaurants in Denver
near the conference hotel. Each dinner will be
organized by a Section leader and will have a
conversation theme. This is a great opportunity to
meet new people, eat great food, and have lively
discussions. Additional information about how to
sign-up will be coming soon!
Leadership Day
SATURDAY, OCTOBER 8, 2016
Whether you hold a Section leadership position or not, everyone is welcome to attend Leadership
Day events. Attending any of these meetings is the best way to learn about the Section, its
committees, and opportunities for involvement.
8:00 a.m. – 9:00 a.m.
Continental Breakfast
9:00 a.m. – 10:30 a.m.
Committee Chairs Meeting
committee newsletters, electronic
communications, membership, programs, social
media, and The Year in Review. Leadership
responsibilities will be outlined and there will
be time for questions and group discussion
Committee chairs will join Council liaisons to
discuss strategies for the year. This is an excellent
opportunity to meet chairs of other Section
committees and plan cooperative initiatives.
11:45 a.m. – 5:15 p.m.
10:30 a.m. – 11:30 a.m.
5:30 p.m. – 6:30 p.m.
Committee vice chairs will meet with their
peers in the same committee leadership role:
Don’t miss this opportunity to say farewell to
your friends and colleagues at the closing event
of the 24th Fall Conference.
Vice Chair Working Groups
12 www.shopaba.org/environfall
Council Meeting
Everyone is welcome to attend.
Section Chair’s Farewell Reception
NEW!
INFORMAL NETWORKING OPPORTUNITIES
This year, the Section will offer new opportunities for informal networking with your colleagues.
In addition to the conference dinner and the public service project, the conference will offer
optional Saturday afternoon activities, such as a Downtown Denver Redevelopment Walking
Tour (finishing with a lunch at Denver’s “new” Union Station). Other networking activities (e.g.,
hiking, Denver sightseeing, museum visits) also may be available.
Registration
STAY CONNECTED WITH THE SECTION
Join the Section in discussions, news, and events
on environmental, energy, and natural resources
law on Facebook, LinkedIn, and Twitter! Like us
on Facebook at Facebook.com/ABAEnvLaw, join
our LinkedIn group at http://linkd.in/K6OquT, and
follow our Twitter account Twitter.com/ABAEnvLaw,
follow the conference photos on Instagram at
Instagram.com/ABAEnvLaw, and always use
#SEERFall for the latest posts. Stay tuned for our
mobile app!
LOCATION AND LODGING
The 24th Fall Conference will take place at the
Westin Denver Downtown, 1672 Lawrence St.,
Denver, CO 80202. A block of rooms has been
reserved at the discounted rate of $199 plus tax
for single/double rooms. A limited number of
government rate rooms are also available for $156
plus tax (or the current government rate). A valid
government ID will be required upon check in.
The deadline for room reservations at the
discounted rate is Tuesday, September 13, 2016 at
5:00 p.m. (CST). To book our contracted rate, call
the reservations line directly at (888) 627-8435
or the hotel directly at (303) 572-7208. Be sure
to mention the ABA Environment, Energy, and
Resources 2016 Fall Conference.
ADVANCE REGISTRATION
We encourage you to register online at www.
shopaba.org/environfall. If you want to register
by mail, visit www.shopaba.org/environfall, to
download a registration form. Please mail the form
with your check (payable to the American Bar
Association) or credit card information to: American
Bar Association, Attn: Service Center – Meeting/
Event Registrations Department, 321 N. Clark St.,
Fl. 16, Chicago, IL 60654 or to our secure fax
number: (312) 988-5850. All attendees must be
pre-registered for this conference to participate.
The deadline to receive the early bird registration
rate for the 24th Fall Conference is Tuesday,
September 6, 2016. All registrations postmarked
after September 6, 2016, must include an
additional $50 for processing. The final cutoff date
for advance registration is Monday, September 26,
2016. After this date, registrations must include an
additional $25 for processing.
GROUP DISCOUNT
Law firms and other organizations registering 3 or
more attendees are eligible for a group discount.
Prior arrangements must be made with Allison
Read at [email protected] (312) 9885641. All registrations for a group discount must
be received together. Discounts will not be applied
retroactively. Discounted rates granted to speakers,
sponsors, or tuition waiver candidates do not count
toward group discount opportunities.
REGISTRATION FEE INFORMATION
The registration fee for the 24th Fall Conference
includes tuition and online course materials
developed especially for this conference. In
addition, your fee covers Wednesday’s Public
Service Project, Thursday’s continental breakfast,
breaks, lunch and dinner; and Friday’s continental
breakfast, breaks, lunch, and reception.
CANCELLATION POLICY
Attendees registered for the 24th Fall Conference
Environmental, Energy, and Resources Law
13
are eligible for a full refund of the registration
fee less a $50 administrative fee for all written
requests received by Monday, September 26,
2016. No refunds will be granted after Monday,
September 26, 2016. Registration fees are not
transferable to other Section or ABA conferences.
Substitutions for the conference are acceptable.
Cancellations may be sent via e-mail to allison.
[email protected]. The ABA reserves the
right to cancel any program and assumes no
responsibility for personal expenses.
TUITION ASSISTANCE
A limited number of registration fee waivers or
discounts are available. Preference will be given
to government employees, public interest lawyers
employed with nonprofit organizations, academics,
solo or small firm practitioners of limited means,
and unemployed lawyers. To apply, complete the
online application by visiting www.shopaba.org/
environfall and clicking Registration by Tuesday,
September 6, 2016. Questions? Contact allison.
[email protected].
LAW STUDENT SCHOLARSHIP OPPORTUNITY
A limited number of scholarships are available
to law students interested in attending the entire
conference and volunteering. Responsibilities
will include assisting with CLE session logistics
and participating in the public service project
(if your schedule permits). Benefits will include
a registration fee waiver, an assigned “Guide”
from Section leadership for the conference, and
networking opportunities. To be considered as a law
student scholar, you must be a member of the ABA
Section of Environment, Energy, and Resources.
To apply, complete the online application by
visiting www.shopaba.org/environfall and clicking
Law Student Information by Tuesday, September
6, 2016. Questions? Contact John.Sturk@
americanbar.org.
CONFERENCE COURSE MATERIALS
Course materials and related background
information will be provided to attendees online
ACHIEVING CARBON NEUTRALITY
prior to the conference. You may wish to bring a
laptop, netbook, or tablet to view the materials
onsite as complimentary Wi-Fi access will be
available.
CLE CREDIT
The ABA directly applies for and ordinarily receives
CLE credit for ABA programs in AK, AL, AR, AZ,
CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA,
MN, MS, MO, MT, NH, NM, NV, NY, NC, ND,
OH, OK, OR, PA, PR, SC, TN, TX, UT, VT, VA, VI,
WA, WI, and WV. These states sometimes do not
approve a program for credit before the program
occurs. This transitional program is approved for
both newly admitted and experienced attorneys in
NY. Attorneys may be eligible to receive CLE credit
through reciprocity or attorney self-submission
in other states. For more information about CLE
accreditation in your state, visit or contact Allison
Read at [email protected] or (312)
988-5641.
DRESS AND WEATHER
Section meetings are business casual. Suggested
dress includes slacks, skirts, polo-type shirts or
blouses, sweaters, and comfortable shoes. The
hotel will be cooler, so please pack a jacket or
sweater. The average temperature in Denver in
October ranges from a high of 66 degrees to a low
of 33 degrees.
DIETARY RESTRICTIONS
If you have any dietary restrictions, please so
indicate during registration or by e-mail to
Allison Read, Associate Director at allison.read@
americanbar.org by Monday, September 26, 2016,
so that your needs are noted.
AMERICANS WITH DISABILITIES ACT
If any special arrangements are required for a
disabled individual to attend this conference,
please call or e-mail Allison Read, Associate
Director, at (312) 988-5641 or allison.read@
americanbar.org by Monday, September 26, 2016.
Calculated with great care, the Section estimates that the average attendee’s participation
will generate approximately one metric ton of carbon emissions. Attendees can offset his
or her carbon footprint by adding $20 to your registration fee. This will cover the cost of a
one-ton carbon credit and help pay for tree plantings and public service projects!
14 www.shopaba.org/environfall
Register today!
REGISTRATION RATES
Before 9/6/16
After 9/6/16
Section Member $745 $795
ABA Member
$820
$870
General Attendee
$895
$945
Section Member Gov’t, Public Interest, Academic
$625
$675
Gov’t, Public Interest, Academic
$675
$725
Young Lawyer *
$675
$725
Speaker and Moderator
$425
$425
Law Student
$100
$100
DAY RATES
Day rates are available for $425 each day. This rate does not include Thursday’s dinner.
Tickets for the dinner are available for $95 each.
TAKE $95 OFF YOUR FALL CONFERENCE REGISTRATION FEE!
Take $95 off your registration fee for the 24th Fall Conference on October 5-8, 2016,
at the Westin Denver Downtown. This offer is only available for those who register for
webinars that will be determined at a later date.
A promo code will be emailed after the webinars to redeem this discount.
*This offer does not apply to law students, sponsors, planning committee members,
and speakers, or any other discounted registrations. The maximum discount is $95.
TAKE $200 OFF YOUR FALL CONFERENCE REGISTRATION FEE!
If you attended the Section’s 45th Spring Conference or the 34th Water Law
Conference this year, you are eligible to receive a $200 discount off your registration
fee for the 24th Fall Conference. A promo code will be emailed to you to redeem this
discount.
*This offer does not apply to law students, sponsors, planning committee members,
speakers, moderators, or any other discounted registrations. The maximum discount
is $200.
ATTENTION ABA MEMBERS!
If you are an ABA member but not a member of the Section of Environment, Energy,
and Resources, please note that your conference registration fee ($820 before 8/24/16
or $870 after 8/24/16) now includes Section membership, a $75 value! You will be
automatically enrolled in the Section of Environment, Energy, and Resources. ABA
Membership is a prerequisite of Section membership. If you are not already an ABA
member, please call (800) 285-2221. Please note: Free membership only applies to
individuals who have not been a member of the Section during the past two years.
Environmental, Energy, and Resources Law
15
September 13, 2016
Housing Deadline
September 6, 2016
Early Bird Registration Deadline
321 N. Clark St.
Chicago, IL 60654
Manage your schedule. Engage with other
attendees. Grow your network.
Visit http://ambar.org/environapp or
search for SEER ABA in the App Store or
Google Play
DOWNLOAD OUR EVENT APP!
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