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39th Annual Conference on Environmental Law March 18–21, 2010 The Grand America • Salt Lake

39th Annual Conference on Environmental Law

March 18–21, 2010 The Grand America • Salt Lake City, Utah
March 18–21, 2010
The Grand America • Salt Lake City, Utah
39th Annual Conference on Environmental Law March 18–21, 2010 The Grand America • Salt Lake City,

39th Annual Conference on Environmental Law

March 18–21, 2010 • Salt Lake City, Utah

About the Conference

This is the nation’s leading environmental law conference during a period of dramatic change as the Obama Administration puts its imprint on the nation’s environmental laws. Change is also in the air for the Section of Environment, Energy, and Resources as we move from 35 years at the Keystone Resort to our first time ever at The Grand America in Salt Lake City, Utah. Cutting edge sessions will include: climate change— reporting from Copenhagen and beyond, as well as the nuts and bolts of the new mandatory GHG reporting rule; the future of civil and criminal enforcement; fostering the new green energy grid; and overhaul of TSCA; as well as developments in clean air, clean water, oceans, brownfields, Superfund, international environmental law, species protection and public lands, and environmental justice. Senior officials from the Environmental Protection Agency, the Department of Justice, state and local governments, as well as non-governmental organizations, corporate counsel, and private practitioners will present these topics. Our ethics panel will focus on potential traps for lawyers in the use of blogs, Facebook, Twitter, and other networking sites.

Bring your Family to Salt Lake City!

Salt Lake City offers world class downhill and cross country skiing at nearby resorts, and you can even try bobsledding, snowmobiling, snowshoeing, or ice skating! And if you’re not a skier, The Grand America is in walking distance of great shopping and restaurants. Saturday afternoon, we will provide transportation to Park City, a destination for all, with shopping, skiing, and more! For the latest details regarding outdoor sports activities, ski passes, and transportation, please visit http://www.abanet.org/environ/envlaw/2010/. We will also offer for the first time, a public service project planting trees in a nature preserve near the city. Friends and families are welcome to attend the evening receptions and Friday’s Section Dinner (ticketed).

near the city. Friends and families are welcome to attend the evening receptions and Friday’s Section
near the city. Friends and families are welcome to attend the evening receptions and Friday’s Section
near the city. Friends and families are welcome to attend the evening receptions and Friday’s Section

2010 Annual Section Sponsor

2010 Annual Section Sponsor Double Diamond Sponsor Black Diamond Sponsors Program Chair David M. Friedland Beveridge

Double Diamond Sponsor

2010 Annual Section Sponsor Double Diamond Sponsor Black Diamond Sponsors Program Chair David M. Friedland Beveridge

Black Diamond Sponsors

Sponsor Double Diamond Sponsor Black Diamond Sponsors Program Chair David M. Friedland Beveridge & Diamond
Sponsor Double Diamond Sponsor Black Diamond Sponsors Program Chair David M. Friedland Beveridge & Diamond
Sponsor Double Diamond Sponsor Black Diamond Sponsors Program Chair David M. Friedland Beveridge & Diamond
Sponsor Double Diamond Sponsor Black Diamond Sponsors Program Chair David M. Friedland Beveridge & Diamond

Program Chair

David M. Friedland

Beveridge & Diamond P.C. Washington, DC

Planning Committee

Martin K. Banks

Stoel Rives LLP Salt Lake City, UT

Brian W. Curtis

Chevron San Ramon, CA

Michelle Diffenderfer

Program Chair 2012 Lewis, Longman & Walker, P.A. West Palm Beach, FL

Pamela R. Esterman

Sive Paget & Riesel New York, NY

Craig D. Galli

Holland and Hart LLP Salt Lake City, UT

Jocelyn Gabrynowicz-Hill

McCarter & English LLP Philadelphia, PA

James E. Hickey, Jr.

Hofstra University School of Law Hempstead, NY

Jonathan W. Kahn

Program Chair 2011 Blake, Cassels & Graydon LLP ON, Canada

Kimberly Katzenbarger

District of Columbia, Department of the Environment Washington, DC

Mary Kay Lynch

Office of General Counsel U.S. Environmental Protection Agency Washington, DC

Stacey H. Mitchell

Environmental Crimes Section U.S. Department of Justice Washington, DC

Jennifer Morris

Chief Environmental Counsel Hewlett- Packard Company Palo Alto, CA

Ryan C. Seiger

Staff Director/Senior Counsel Subcommittee on Water Resources and Environment Committee on Transportation and Infrastructure Washington, DC

Michael Wall

Natural Resources Defense Council San Francisco, CA

2010 Conference

 

Thursday, March 18, 2010

10:00 a.m.

Registration Opens

2:00 p.m.–2:15 p.m.

Welcome and Opening Remarks

Greg Bell

Greg Bell

SPEAKERS:

John C. Cruden, Deputy Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC David M. Friedland, Program Chair, Beveridge & Diamond P.C., Washington, DC Greg Bell, Lieutenant Governor, Salt Lake City, UT

2:15 p.m.–3:15 p.m.

Keynote Address

(to be announced)

3:15 p.m.–3:30 p.m.

Networking Break

3:30 p.m.–4:45 p.m.

Climate Change:

Report from Copenhagen and Beyond

In 2009, the Executive and Legislative branches of the U.S. government have acted to raise the prospect for a major shift in domestic climate change policy. The Obama Administration has proposed greenhouse gas standards under the Clean Air Act. In addition, both chambers of Congress are working on legislation to reduce greenhouse gas emissions. These actions will profoundly impact all sectors of the economy, and have considerable international ramifications, as countries around the world prepare to attend the next round of international climate change negotiations in Copenhagen. Speakers for this session will include senior Congressional and Administration policy staff, representatives of industry and offset market sectors, and other stakeholders.

SPEAKERS:

Greg Dotson, Chief Counsel, Energy and Environment Subcommittee, House Energy and Commerce Committee, Washington, DC Manik Roy, Vice President, Federal Government Outreach, Pew Center on Global Climate Change, Arlington, VA Richard M. Saines, Baker & McKenzie LLP, Chicago, IL Walker B. Smith, Director, Office of Global Affairs and Policy, Office of International Affairs, U.S. Environmental Protection Agency, Washington, DC

4:45 p.m.–6:30 p.m.

Technical Roundtables

Exponent—Endangered Species: Chemicals, Places, and Climate Change

Irbaris LLP—Beyond Footprinting: Managing the Value Impact of Carbon and Climate Change

Marsh USA, Inc.—Addressing Environmental Liabilities in a Greener, but Meaner Economy

Quest Consulting, Inc.—How to Relate Forensics to EcoRisk, Applying Forensic Science Instead of Mathematics

Weston Solutions, Inc.—Practical Implementation Guidelines for the GHG Mandatory Reporting Rule and the Role of Renewable Energy

6:30 p.m.–7:30 p.m.

Welcome Reception (cash bar)

Schedule

 

Friday, March 19, 2010

7:00 a.m.

Continental Breakfast

8:00 a.m.–8:10 a.m.

Opening Remarks

David M. Friedland, Program Chair, Beveridge & Diamond P.C., Washington, DC

8:10 a.m.–10:00 a.m.

The New Grid: How to Build and Pay for It

The existing electric grid is overloaded in key stretches and antiquated and out of sync with modern information systems. Some cost estimates for completing the regeneration of the American grid exceed 50 billion dollars. Like many great and popular concepts, there are challenging complexities and barriers to the actual investment in and construction of such a huge initiative. The New Grid includes a “Smart Grid,” a popular concept on the lips of politicians, regulators, high-tech players, environmental organizations, consumers, and electric generators. The Obama Administration favors implementation of policies, funding, and support for the New Grid as part of the solution to economic stagnation and environmental/greenhouse gas emissions problems. But the questions of who will pay, when will they pay, and how the benefits of a New Grid will flow are at the core of this dream. The siting, authorization, and cost allocation process will be daunting.

MODERATOR:

Sheila Slocum Hollis, Duane Morris LLP, Washington, DC

SPEAKERS:

Denise Bodie, President, American Wind Energy Association, Washington, DC Ted Boyer, Chairman, Utah Public Service Commission, Salt Lake City, UT James P. Fama , Executive Director, Energy Delivery, Edison Electric Institute, Washington, DC Marc Spitzer, Commissioner, Federal Energy Regulatory Commission (FERC), Washington, DC

10:00 a.m.–10:30 a.m. Networking Break

10:30 a.m.–12:00 p.m. Concurrent Breakout Sessions

10:30 a.m.–12:00 p.m. Carbon Accounting and EPA’s Mandatory GHG Reporting Rule

 

EPA will, for the first time, require large emitters of greenhouse gas (GHG) emissions to file reports for the year 2010 and thereafter under a new reporting program. This new program will cover approximately 85 percent of the nation’s GHG emissions and apply to roughly 10,000 facilities. Panelists for this breakout session will address both the “nuts and bolts” practical issues relating to applicability, electronic monitoring, enforcement and the like that have arisen in implementation of the program, as well as the strategic issues and opportunities presented by these public regulations, greenhouse gas profiles.

MODERATOR:

David Winfrey, McAfee & Taft, A Professional Corporation, Oklahoma, OK

SPEAKERS:

Kyle L. Davis, Director of Environmental Policy & Strategy, PacifiCorp, Portland, OR Nancy Ketcham-Colwill, U.S. Environmental Protection Agency, Washington, DC Robert J. Martineau, Jr., Waller Lansden Dortch & Davis, LLP, Nashville, TN Chris Moore, Alcoa Inc., Alcoa, TN

2010 Conference

10:30 a.m.–12:00 p.m. Water Issues in an Evolving Legal Climate

Notwithstanding legislative efforts to change (or restore) the geographic scope of the Clean Water Act, the Obama Administration’s legacy in the area of water will depend largely on its ability to adapt decades old programs to new circumstances. This panel will discuss a range of water issues currently in flux—the effects of climate change policy and regulation on water quality and quantity; water resource issues, including water supply, in the greater context of climate change; sustainable development and smart growth; judicial decisions requiring NPDES permitting for vessel discharges and pesticide application; and conflicts arising between land owners and federal agencies over Clean Water Act Section 404 jurisdiction.

MODERATOR:

Amy J. Wildermuth, Professor of Law, University of Utah, Salt Lake City, UT

SPEAKERS:

Tara W. Duhy , Lewis, Longman & Walker, P.A., West Palm Beach, FL Philip Mancusi-Ungaro, Office of Water Legal Support, U.S. Environmental Protection Agency, Region 4, Atlanta, GA Ellen Steen, Crowell & Moring LLP, Washington, DC Allison Wiedeman, Rural Branch Chief, Office of Water, Water Permits Division, U.S. Environmental Protection Agency, Washington, DC

10:30 a.m.–12:00 p.m. The Supreme Court:

Will Ecosystem Restoration Inflame the Debate Over Property “Takings”?

The Roberts Court will be deciding whether an environmental agency’s efforts to restore sand to hurricane ravaged beaches in the Florida panhandle constitutes a Fifth Amendment taking of private beachfront rights. In Stop the Beach Renourishment v. Florida Department of Environmental Protection, No. 08-1511, advocates claim the Florida Supreme Court’s decision upholding the ecosystem restoration constitutes a form of “judicial takings” that must be overturned. Stop the Beach is the first Fifth Amendment Takings case to be decided by the Roberts Court, and the first takings case since the inflammatory decision in Kelo v. New London. Litigators on both sides of the case will discuss the Supreme Court argument and anticipated decision both in terms of its impact on environmental restoration activities and on potential review of state court judicial decisions. Panel members will also discuss other takings cases involving ecosystem restoration and endangered species protection in the lower courts, particularly the decision of the Court of Appeals for the Federal Circuit in Casitas Municipal Water District v. U.S., 543 F.3d 1276, rehearing denied, 556 F.3d 1329 (2009).

MODERATOR:

Monica K. Reimer, Earthjustice, Tallahassee, FL

SPEAKERS:

John C. Cruden, Deputy Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC Roger Marzulla, Marzulla Law, Washington, DC D. Kent Safriet, Hopping Green & Sams, P.A., Tallahassee, FL

10:30 a.m.–12:00 p.m. The Chemical-Regulatory Reform Freight Train—All Aboard!

The chemical regulatory reform movement in the U.S. has picked up a head of steam, fueled in equal parts by: (a) the Democratic Party gaining control of the White House and Congress; (b) the desire by some to emulate the European Union’s REACH program;

Schedule

 

and (c) states feeling empowered by the enactment of green- chemistry laws and other requirements. Non-governmental organizations are feeding the fire based on their disagreement with the previous Administration’s preference for “voluntary initiatives” in lieu of regulatory controls. Consumer awareness of the presence of specific chemicals of concern in commercial products has added momentum. To address these issues, observers in Washington predict that Congress will attempt an overhaul of the 30-year-old Toxic Substances Control Act (TSCA). By the time our March 2010 meeting, it is possible that a bill will be in play and hearings in the works and our panelists will provide insights on the likely shape of any such chemical regulatory reform.

MODERATOR:

Lawrence E. Culleen, Arnold & Porter, Former Chief of EPA’s TSCA New Chemicals Branch, Washington, DC

SPEAKERS:

Charles M. Auer, President, Charles Auer & Associates, LLC, Poolesville, MD Wendy Cleland-Hamnett, Acting Director, Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Washington, DC Eileen Moyer, Director of Regulatory Relations, Reckitt Benckiser Inc., Parsippany, NJ Erik D. Olson, Director, Food & Consumer Product Safety, The PEW Health Group, Washington, DC

12:00 p.m.–12:30 p.m. Lunch

12:30 p.m.–1:30 p.m.

Keynote Address:

The Obama EPA Agenda:

Priorities and Perspective

Scott Fulton, General Counsel, U.S. Environmental Protection Agency, Washington, DC

1:30 p.m.–3:00 p.m.

A Year’s Full Measure:

Enforcement In the Obama Administration

After a full year in office, what progress has the Obama Administration made toward its enforcement goals? Panelists will discuss the enforcement implications of EPA’s impending climate change related regulatory mandates; federal and state criminal enforcement initiatives, including the effect of EPA’s new enforcement priorities for 2010-2013; Administration ambitions for Clean Air Act strategic enforcement, including enforcement activity against power plants for PSD and NSR violations and initiatives in the cement and glass industries; recent U.S. Supreme Court and circuit court decisions on perennial enforcement concerns such as the continuing struggle to clarify the scope of federal authority under the Clean Water Act and the commerce clause; and tensions in federal-state enforcement relationships as EPA and DOJ pursue Administration enforcement goals.

MODERATOR:

Ronald J. Tenpas, Former Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice, Morgan Lewis & Bockius LLP, Washington, DC

SPEAKERS:

Robert W. Johnson , Chief Attorney, Environmental and Safety, ExxonMobil Production Company, Houston, TX Catherine McCabe, Principal Deputy Assistant Administrator, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, Washington, DC

The Honorable Ignacia S. Moreno, Assistant Attorney General,

Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC

2010 Conference

3:00 p.m.–3:30 p.m.

Networking Break

3:30 p.m.–5:00 p.m.

Concurrent Breakout Sessions

3:30 p.m.–5:00 p.m.

Public Lands—Hot Topics Involving ESA, NEPA and Wilderness Protection:

Have We Seen the End of New Natural Resources Projects in the West?

Even before the Obama administration took office, the energy sector met resistance from the environmental community and government regulators over the permitting and development of new and expanded oil/gas, renewable energy, transmission line, and pipeline projects as well as the issuance of new oil/gas and geothermal leases. Today developing energy projects and acquiring new leases appears even more challenging given recent developments under the Endangered Species Act, resource management planning under the National Environmental Policy Act, and efforts to identify and protect wilderness characteristics. Panelists will explore the ramifications on future energy projects of efforts to protect the sage grouse and other species which may be or have been listed under the ESA.

MODERATOR:

Craig D. Galli, Holland & Hart LLP, Salt Lake City, UT

SPEAKERS:

Steven W. Black , Counselor to the Secretary, U.S. Department of the Interior, Washington, DC Heidi McIntosh, Associate Director, Southern Utah Wilderness Alliance (SUWA), Salt Lake City, UT Craig V. Richardson, Vice President and General Counsel, El Paso Western Pipelines, Colorado Springs, CO

3:30 p.m.–5:00 p.m.

Preparing for Emerging Developments in International Treaties and Cross Border Regulations

With increased focus by the Obama Administration, the European Union, and developing nations on environmental issues that cross borders—and the treaties to address them, there are several significant international environmental law developments that will impact U.S. interests including U.S.-based companies doing business abroad. This moderated discussion will provide an overview of the state of play of several international environmental issues reaching critical points for U.S. interests, such as biotechnology, pesticides and industrial chemicals, mercury, and electronic waste, as well as the international forum in which these issues arise.

MODERATOR:

Steve Wolfson, Office of General Counsel, U.S. Environmental Protection Agency, Washington, DC

SPEAKERS:

Carlos B. de Miguel, Uría Menéndez, Madrid, Spain Amy Fraenkel, United Nations Environment Program, Regional Office for North America, Washington, DC Paul Hagen, Beveridge & Diamond P.C., Washington, DC

The Honorable Ignacia S. Moreno, Assistant Attorney General,

Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC

Schedule

3:30 p.m.–5:00 p.m.

The New NOAA:

Is a New Oceans Policy in Sight?

Since 2003 and 2004, when the Pew Oceans Commission and the U.S. Commission on Ocean Policy issued their reports on U.S. ocean law and policy, it has been clear that substantial and comprehensive changes are needed if the U.S. is to achieve sustainable development of its ocean and coastal resources, especially with the relatively new problems of climate change and ocean acidification. In 2009, President Obama appointed marine biologist and Professor of Zoology Jane Lubchenco as the new Administrator of NOAA. Soon thereafter, the North Pacific Fisheries Management Council and NOAA closed new areas opening up in the Arctic because of melting sea ice to commercial fishing, citing the need for a precautionary approach and additional information, and suggesting that there is indeed a “new NOAA.” Among the topics to be discussed by this panel are statutory and regulatory reform, fisheries management in a world of climate change, marine protected areas and ecosystem management, and issues in achieving sustainable development in light of other national priorities, such as energy policy and national security.

MODERATOR:

Francine M. Ffolkes, Florida Department of Environmental Protection, Tallahassee, FL

SPEAKERS:

Donna Christie, Associate Dean for International Programs & Elizabeth C. & Clyde W. Atkinson Professor of Law, Florida State University College of Law, Tallahassee, FL Margaret A. Davidson, Director, NOAA Coastal Services Centers, Charleston, SC Monica Goldberg, Senior Attorney, Ocean Conservancy, Washington, DC

3:30 p.m.–5:00 p.m. Superfund After Burlington Northern:

 

How Has CERCLA Practice Changed?

Almost a year has passed since the Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. United States (“BNSF”). Some have characterized the decision as a “game changer” in Superfund practice. Others have argued that it will largely be limited to its facts. In BNSF, the Supreme Court held that: (1) EPA cannot hold parties liable under CERCLA as having “arranged for disposal” unless they “intended” for their wastes to be disposed of; and (2) that liable parties in a multi-party Superfund site can defeat the application of joint and several liability if there exists a “reasonable basis” to apportion liability. In this session, three prominent environmental lawyers will discuss the practical implications of the BNSF decision on Superfund practice in light of the position of the government and case law developments since the BNSF decision.

MODERATOR:

Theodore L. Garrett, Covington & Burling LLP, Washington, DC

SPEAKERS:

Karl S. Bourdeau, Beveridge & Diamond P.C., Washington, DC Bruce S. Gelber, Chief, Environmental Enforcement Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC Stephen McKae, Wendel, Rosen, Black & Dean LLP, Oakland, CA

5:00 p.m.–6:00 p.m.

Section Committee Chairs Meeting

2010 Conference

6:00 p.m.–7:00 p.m.

Committee Roundtable Meetings

 

7:00 p.m.–8:00 p.m.

Reception (cash bar)

8:00 p.m.–10:00 p.m. Section Dinner (ticketed)

Apa Sherpa

Apa Sherpa

Ralph Becker

Ralph Becker

Opening Remarks:

Ralph Becker, Mayor, Salt Lake City, UT

Special Presentation:

“The Top of the World” by Apa Sherpa

Apa Sherpa is the only man in history to reach the top of the world 19 times. As the world record holder of the most summits of Everest, Apa is widely recognized to be one of the greatest living mountaineers. Join us for dinner and a compelling story.

 

Saturday, March 20, 2010

 

7:00 a.m.

Continental Breakfast

8:00 a.m.–8:10 a.m.

Opening Remarks

Jonathan K. Kahn, Program Chair 2011, Blake, Cassels, Graydon LLP, ON, Canada

8:10 a.m.–10:00 a.m.

The Obama Clean Air Act Agenda at Year One

After one year, new EPA leadership has taken significant steps toward defining an entirely new clean air agenda that departs radically from the Bush Administration, which was defined by its “Clear Skies Initiative” and approach to voluntary climate change. The Obama Administration has reversed key Bush Administration policies regarding climate change, mercury, and the process for establishing the NAAQS, while charging forward with a greenhouse gas endangerment finding, GHG regulations for new light duty vehicles, a PSD “Tailoring Rule,” novel approaches to address interstate air pollution, and clean air enforcement. Panelists will analyze the next steps in the Obama Administration’s ambitious air agenda through new rulemakings and court actions, and its efforts to chart a course for how to achieve its policy goals during the remaining years of the Administration.

MODERATOR:

Roger R. Martella, Jr., Sidley Austin LLP, Washington, DC

SPEAKERS:

Scott Fulton, General Counsel, U.S. Environmental Protection Agency, Washington, DC Robert Meyers, Crowell and Moring LLP, Washington, DC Vickie Patton, Deputy General Counsel, Environmental Defense Fund, Boulder, CO Representative from a State Environmental Protection Agency (to be announced)

10:00 a.m.–10:30 a.m. Networking Break

 

Schedule

10:30 a.m.–12:00 p.m. Concurrent Breakout Sessions

10:30 a.m.–12:00 p.m. Concurrent Breakout Sessions 10:30 a.m.–12:00 p.m. Combining Red Ink and Brownfields: Dealing

10:30 a.m.–12:00 p.m. Combining Red Ink and Brownfields:

Dealing with Environmentally Contaminated Properties in Bankruptcy

The current economic crisis in our country has led to a record number of bankruptcy filings for both large and small companies. For companies contemplating filing for bankruptcy protection under Chapter 11 and those already in the process, dealing with environmentally contaminated properties is a complex matter that raises legal issues in both the bankruptcy and environmental law context. Companies are increasingly using the bankruptcy code and Section 363 in particular, to sell their contaminated properties even before they emerge from bankruptcy. Panelists will focus upon the process of evaluating how environmental remediation liabilities will be treated in bankruptcy, with a particular focus on the sale of contaminated properties through a Section 363 sale. It will explore the roles environmental attorneys, bankruptcy attorneys and environmental consultants must play in the development of a successful bankruptcy resolution strategy.

MODERATOR:

Jeanne Cohn-Connor, Kirkland & Ellis, LLP, Washington, DC

SPEAKERS:

James M. Redwine, AlixPartners, LLP, Baton Rouge, LA Cynthia Retallick, Senior Vice President and Deputy General Counsel, TRC Companies, Inc., North-Windsor, CT Alan S. Tenenbaum, National Bankruptcy Coordinator, U.S. Department of Justice, Washington, DC

10:30 a.m.–12:00 p.m. Developments in Environmental Justice— From the Courts to the Obama Administration to Indian Country

This panel will examine current efforts by communities of color, low-income communities, and tribes to achieve environmental equity through administrative and judicial forums and even in the face of new and disproportionate environmental impacts from global warming. In response to the Ninth Circuit decision in Rosemere Neighborhood Association v. EPA, Administrator Jackson ordered reform in EPA’s Title VI processes and vowed to increase consideration of environmental justice impacts and the concerns of minority communities. The panel will focus on environmental justice developments, including new initiatives within the Obama Administration, federal court decisions, and the evolving relationship between environmental justice, climate change, and climate change law and policies. The panel will also highlight the unique environmental justice concerns confronting tribal governments and Alaska Native villages.

MODERATOR:

Jana L. Walker, Stetson Law Offices, P.C., Albuquerque, NM

SPEAKERS:

Caroline Farrell, Acting Executive Director, Center on Race, Poverty, and the Environment, Delano, CA Eileen Gauna, Professor of Law, University of New Mexico School of Law, University of New Mexico, Albuquerque, NM James Grijalva, Professor and Director, Tribal Environmental Law Project, University of North Dakota School of Law, Grand Forks, ND Charles Lee, Director, Office of Environmental Justice, U.S. Environmental Protection Agency, Washington, DC (invited)

2010 Conference

10:30 a.m.–12:00 p.m. Why Build Green and

How To Do It Properly

 

Green roofs filter storm water runoff, reduce a building’s energy consumption, and have a myriad of other “eco”nomic benefits. So, why are they not installed on every new building? The opportunities for building green are becoming more mainstream as states and local governments modify their building codes to incorporate green building concepts. Although green building standards are becoming an integral part of environmental conservation and energy reduction programs, standard construction contracts do not address many of the required elements of the green building rating system necessary for certification under the Leadership in Energy and Environmental Design (LEED) developed by the United States Green Building Council (USGBC). Since LEED certification is not awarded until the building is completed, the task of drafting, reviewing contracts, and design is critical. This program will feature a general overview of LEED, including key concepts and legal components that make a project work. In addition, the program will discuss implementation of Washington DC’s Green Building Act of 2006. Using hypothetical and/or actual projects, the speakers will address key issues and challenges in the design and implementation, discuss allocation of risk among the design and construction team, essential contractual elements, and key design elements.

MODERATOR:

William L. Penny, Stites & Harbison, PLLC, Nashville, TN

SPEAKERS:

George S. Hawkins, General Manager, DC Water and Sewer Authority, Washington, DC Bryan C. Jackson, Allen Matkins Leck Gamble Mallory & Natsis, LLP, Los Angeles, CA Soren Simonsen, Community Studio, Salt Lake City, UT

1:00 p.m.–4:00 p.m.

Public Service Project:

TreeUtah

Join us in an environmental restoration service project teaming up with TreeUtah for the afternoon of Saturday, March 20 to plant trees at the National Audubon Society’s 120-acre Jordan River Migratory Bird Habitat Restoration Project. Participants will plant seedlings and small trees to add to existing riparian habitat used by migratory song birds and other wildlife. Local avian ecologists have designated this area as critical habitat for 98 species of song birds in Utah which require lower elevation riparian habitat. The site is located at the heart of the Great Salt Lake flyway and is a crucial stopover for hundreds of thousands migrating birds each season. Participants should dress for the planting and bring work gloves! To volunteer for this public service project, please contact Francine M. Ffolkes at Francine.ffolkes@dep.state.fl.us. This project is part of the Section’s One Million Trees Project, which has the goal to plant one million trees by 2014. For more information, visit http://www.abanet.org/environ/projects/ million_trees/home.shtml.

Schedule

 

Sunday, March 20, 2010

7:00 a.m.

Continental Breakfast

8:00 a.m.–10:00 a.m.

Ethical Traps in the Use of Social Networking Sites Online

As the popularity of social networking Web sites continues to grow, attorneys are faced with a growing number of ethical concerns. Whether attorneys use blogs or social networks such as Facebook, Twitter, LinkedIn or You Tube as marketing tools or are just “chatting,” it is important for attorneys to understand the risks of posting or emailing legal information. This timely ethics session will discuss the ethical implications associated with the use of social networking sites and blogs by attorneys to communicate with clients and potential clients. There are few clear guidelines from the courts and bar associations on potential ethical violations triggered by online communication. The panel will discuss how various courts and state bar associations are dealing with online communications related problems and offer practical suggestions for risk avoidance. The issues that will be addressed by the panel include: formation of an inadvertent attorney client relationship, breach of confidentiality, unauthorized practice of law, and violation of legal advertising rules. Panel members will also discuss attorneys’ potential breaches of duties to their own firms as agents. Panelists are a private practitioner who focuses on advising attorneys and their firms on legal ethics, discipline, and risk management, and an in-house attorney who specializes in risk management for attorneys.

MODERATOR:

Pamela R. Esterman, Sive, Paget & Riesel, P.C., New York, NY

SPEAKERS:

Michael P. Downey , Hinshaw & Culbertson, St. Louis, MO Douglas R. Richmond, Aon Global, Chicago, IL

10:00 a.m.

Closing Remarks

Michelle Diffenderfer, Program Chair 2012, Lewis, Longman & Walker, P.A., West Palm Beach, FL

Registration Information

Location and Lodging

The Annual Conference on Environmental Law will

take place at The Grand America, 555 South Main Street, Salt Lake City, Utah. To learn more about the property, visit http://www.grandamerica.com. A block

of

rooms has been reserved at the discounted rate

of

$250 standard single/double occupancy. A limited

number of rooms are available at The Little America (across the street) at the rate of $169 standard single/ double occupancy. A limited number of government rooms are also available at The Little America, at the rate of $94. (Identification is required for the reduced rate). The cut-off for room reservations at the discounted rates is Tuesday, February 23, 2010. After that date, rooms can be reserved on a space- available basis. To reserve a room, call the hotel directly at (801) 258-6000 or toll free at (800) 453-9450. Be sure to mention the ABA Environmental Law Conference to receive the special rate.

Early Registration

We request that all registrations be made in advance of the program. You may register online by visiting http://www.abanet.org/environ/programs/ envlaw/2010/ or by completing the attached form and mailing it with your payment to the ABA Section of Environment, Energy, and Resources, Attn.: Environmental Law Conference, 321 N. Clark Street, Chicago, IL 60654. The deadline for receipt of early bird registration is Thursday, February 18, 2010. All registrations postmarked after February 18, 2010 include an additional $50 for processing. The final cut-off date for all pre-registrations (early bird and late) is Tuesday, March 2, 2010. Please note that on site registrations will have an additional administrative fee of $25.

Fees

Registration fee covers Conference materials on CD-ROM, breakfasts and breaks on Friday, Saturday, and Sunday as well as receptions on Thursday and Friday. Please indicate on the registration form if you plan on attending Friday’s luncheon or Friday evening’s dinner. Additional fee is required for Friday lunch and Friday night dinner.

Group Discount

Law firms and other organizations registering multiple attendees (four or more) can be eligible for a group discount. All registrations must be received together and prior arrangements must be made with the Section Registrar by calling (312) 988-5724. Discounts will not be applied retroactively. You will not be able to register group attendees using the online registration system but rather must complete and submit hard copies of the registration form in this brochure. Discounted rates granted to speakers, planning committee members, sponsors or tuition waiver candidates do not count towards group discount opportunities.

Tuition Assistance

A limited number of registration fee waivers

are available for government employees, public interest lawyers employed with nonprofits, academics and law students. To apply, send a letter

outlining the basis for your fee waiver request to the Environmental Law Conference Planning Committee, Attn: Ninah Moore, c/o ABA Section of Environment, Energy, and Resources, 321 N. Clark Street, Chicago,

IL 60654. All requests must be received by Tuesday,

February 9, 2010.

Law Student Volunteer Opportunity

A limited number of volunteer opportunities

are available to law students interested

in attending the entire meeting. To be

considered as a law student volunteer you must be a member of the ABA Section of Environment, Energy, and Resources. You

must also submit a 2-3 paragraph letter indicating your interest in environmental, energy, or resources law and why you wish

to attend the meeting by Friday, February

19, 2010. The letters will be reviewed and volunteers will be selected and notified no later than Monday, March 1, 2010. Send all letters to Julie Connell, Section Assistant, via e-mail at ConnellJ@staff.abanet.org, or fax: (312) 988-5572, or by mail to American Bar Association, Section of Environment, Energy, and Resources, Attn: Julie Connell, 321 N. Clark St., Chicago, IL 60654.

Cancellation Policy

A full refund of the registration fee less a

$50 administration fee will be granted for all written requests received by Tuesday, March

2, 2010. No refunds will be granted after March 2, 2010. Substitutions are acceptable. Cancellations must be submitted in writing and may be sent via fax to (312) 988-5572, Attn.: Program Registrar. The ABA reserves the right to cancel any program and assumes no responsibility for personal expenses.

Program Materials

Conference proceedings and related

background information will be provided

to participants via CD-ROM to reduce the

environmental impact of the program. For those who would also like to reserve a hard copy (3-Ring Binder) of the program materials so that it is available onsite at the meeting, please pre-order on the registration form. Only pre-ordered copies will be available onsite.

CLE Credit

CLE accreditation has been requested for this program from every state with mandatory continuing education requirements for lawyers. Please be aware that each state has its own rules and regulations, including its definition of “CLE.” Check with your state agency for confirmation of this program’s approval. Please note: New York licensed participants are required to sign-in and sign-out on a special attendance sheet at each session. States with lawyer specialization programs have not been requested to certify this program. Certificates of attendance will be available in the registration materials at the program. For more information on approved number of credit hours, please contact the Program Registrar at (312) 988-5724.

Americans with Disabilities Act

If any special arrangements are required

for a disabled individual to attend this program, please call the Program and

Membership Assistant at (312) 988-5724 by Friday, March 9, 2010.

Registration Form

39th Annual Conference on Environmental Law March 18–21, 2010

Register Online! Save time by registering for this meeting online.

Visit http://www.abanet.org/environ/envlaw/

meeting online. Visit http://www.abanet.org/environ/envlaw/ I will not be attending the program but wish to order the

I will not be attending the program but wish to order the course materials, which includes

postage and handling.

the course materials, which includes postage and handling. $45 CD-ROM $80 Hard Copy (3-Ring Binder) Registrant

$45 CD-ROM

materials, which includes postage and handling. $45 CD-ROM $80 Hard Copy (3-Ring Binder) Registrant Information

$80 Hard Copy (3-Ring Binder)

Registrant Information

 
 

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Please note: Information provided on this registration form will be published in an attendee roster that will be disseminated to meeting attendees.

ABA MEMBERSHIP NUMBER

 

NAME

PREFERRED FIRST NAME FOR BADGE

ORGANIZATION

 

Please do not list my e-mail address in the registration roster.

ADDRESS

Please do not list my name and contact information in the registration roster.

CITY, STATE/PROVINCE, ZIP/MAIL CODE

 

New York licensed participants are required to sign-in and sign-out on a special attendance sheet at each session.

COUNTRY

DAYTIME TELEPHONE NUMBER

 

FAX

 

I am licensed in the state of New York.

E-MAIL

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 ($560 before 2/18/10 or $610 after 2/18/10) now includes Section membership.

Yes! Enroll me in the Section of Environment, Energy, and Resources.

Free with “ABA Member” registration fees for ABA members only* (a $75 value)

*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 in the past two years.

Fees and Payment Information

 

Program Registration Fees: (Payment and/or P.O. must accompany registration or registration form will not be accepted)

 

Online registration is available at http://www.abanet.org/environ/programs/envlaw/2010/

Registration

Before 2/18/10

After 2/18/10

Dinner and Transportation

Section Member

$485

$535

Friday’s dinner event and Saturday’s transportation to Park City is not included in the cost of registration. These events are ticketed and require advanced sign up in order to participate.

ABA Member

$560

$610

General Attendee

$570

$620

Friday, March 19, 2010, 8:00 p.m.

Government, Public

 

$75 Section Dinner

 

Interest, Academic Yo ung Lawyer* Hard Copy Course Materials

$355

$405

Saturday, March 20, 2010, 12:30 p.m.

Afternoon Park City activities

$355

$405

$80

$80

(Please see program Web page for details.)

 

Transportation to Park City

*Qualifying young lawyers are those who have been admitted to practice in their first bar within the past five years or who are less than 36 years old.

Registration—Law Students and Student Associates

 

($20, to/from The Grand America), please indicate what activities you will participate in:

Section Member

$50

shopping/dining skiing/snowboarding cross-country/snowshoeing snowmobiling

ABA Member*

$75

General Attendee**

$100

 

Twilight Lift ticket at Park City Mountain Resort ($58 per person)

Ski Rental ($35 per person for skis, boots, poles, and Friday afternoon fitting)

 

*As an ABA member, registration will include membership to the Section of Environment, Energy, and Resources for one year. **As a general attendee, this registration will include membership to the ABA and the Section of Environment, Energy, and Resources for one year.

RSVP for Conference Luncheon

 

I’m interested in the following, please send

Friday’s Luncheon event is included in the cost of registration. It is ticketed and

more information (do not send payment):

Olympic Bobsledding Ride

requires advanced sign up in order to participate. Please do not wait until you arrive at the conference to reserve a ticket, we cannot guarantee availability onsite.

Friday, March 19, 2010

Luncheon Keynote Address by Scott Fulton

(approx. $200 per person for 72-second ride)

Guided Snowmobiling Tour

(approx. $175 per person for 1.5 hour tour)

Dietary Restrictions? Please specify:

 

Guided Cross-Country Skiing/Snowshoeing

Total Enclosed (Registration, Dinner and Park City activities): $

 

Tour (approx. $55/Snowshoe & $75 CC Skiing for 1.5 hour tour)

Information for Salt Lake City outdoor snow activities and ski passes are available on the program Web page.

Payment: (check one; complete all information)

Check enclosed, payable to the American Bar Association.

Purchase Order No Charge my credit card: Visa MasterCard AmEx

ABA FJE Contribution:

 

$25 (suggested) $

Voluntary contribution to support Section of Environment, Energy, and Resources Project Support Fund. Funding may be used to support law student participation in Section Committees and programs. Contributions to the FJE are tax deductible to the full extent allowed by law.

CARD NUMBER

 

EXP. DATE

SIGNATURE

 

Return this registration form (including check, credit card information, or purchase order) to:

ABA Section of Environment, Energy, and Resources

Attn: Program Registrar 321 N. Clark Street, Chicago, IL 60654

Fax: (312)988-5572 Questions? Call (312)988-5724

Early Registration Deadline:

February 23, 2010

February 18, 2010

Association

Nonprofit Organization

Postage

U.S. Bar PAID

American

321 N. Clark Street, Chicago, IL 60654 Register early for the 39th Annual on Conference
321 N. Clark Street, Chicago, IL 60654
Register early for the
39th
Annual on
Conference
Environmental
Law
March 18–21, 2010
Location:
The Grand America, Salt Lake City, UT
Housing Deadline:
Conference Environmental Law March 18–21, 2010 Location: The Grand America, Salt Lake City, UT Housing Deadline: