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. 2 www.shopaba.org/environfall 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. 4 www.shopaba.org/environfall 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. 6 www.shopaba.org/environfall 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 8 www.shopaba.org/environfall 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 10 www.shopaba.org/environfall 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! FIRST CLASS MAIL U.S. POSTAGE PAID AMERICAN BAR ASSOCIATION
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