Wednesday | Thursday | Friday | Saturday
Wednesday, October 12, 2011
9:00 a.m. – 1:00 p.m.
Public Service Project
Join your colleagues at the Paul I. Miller Elementary School in transforming the school’s grounds into a tranquil oasis for students and neighbors. Section volunteers will work with Keep Indianapolis Beautiful (KIB) and school volunteers to plant 6' to 12' native trees and to build pathways through the landscaped areas. KIB, a leading, recognized nonprofit with over thirty years of experience, will provide the tools and training. Once the trees are planted, the organization will enlist its Youth Tree Team to care for them for two years. Participants should dress casually and bring work gloves. This activity is part of the Section's One Million Trees Project, which has the goal to plant one million trees by 2014. For more information, see the One Million Trees Project page. To volunteer for this public service project, please indicate your interest when you register.
2:00 p.m. – 5:00 p.m.
Council Meeting
Everyone is welcome to attend.
6:00 p.m. – 7:30 p.m.
Welcome Reception
Everyone is encouraged to attend to catch up with old friends, become acquainted with new ones, and meet the Section leadership.
Thursday, October 13, 2011
7:00 a.m. – 8:00 a.m.
Breakfast
7:45 a.m. – 8:20 a.m.
Welcome and Opening Remarks
Laura H. Kosloff, Attorney at Law, Portland, OR
Keynote Address:
Robert V. Percival, Director, Environmental Law Program, University of Maryland School of Law, Baltimore, MD
8:20 a.m. – 10:00 a.m.
Plenary Session: Nuclear Safety—Expecting the Unexpected
Nuclear energy is a vital element of America’s electricity portfolio, producing power for one of every five homes and businesses. Recent tragic events in Japan have reinforced the importance of having a robust framework for assuring safety at existing (and proposed) nuclear facilities. This session will provide an overview of the events at Fukushima Daiichi and discuss the implications for U.S. locations. A panel will explore operational and regulatory issues affecting domestic reactors in areas such as protection against earthquakes, tsunamis, flooding, and hurricanes; station blackout and a degraded ability to restore power; severe accident mitigation; emergency preparedness; and combustible gas control.
Moderator:
Tison Campbell, U.S. Nuclear Regulatory Commission, Washington, DC
Speakers:
Peter Bradford, Adjunct Professor, Vermont Law School, Peru, VT
Stephen G. Burns, General Counsel, U.S. Nuclear Regulatory Commission, Rockville, MD
Ellen Ginsberg, Vice President, General Counsel, and Secretary, Nuclear Energy Institute, Washington, DC
10:00 a.m. – 10:30 a.m.
Networking Break
10:30 a.m. – 12:00 p.m.
Concurrent CLE Sessions
Climate Change Litigation after American Electric Power Co. v. Connecticut
By June’s end, the U.S. Supreme Court was expected to release its decision on American Electric Power (AEP) v. Connecticut. The Justices will consider whether a federal common law nuisance action can be used to address global climate change. In particular, the oral argument focused on three questions: (1) whether several states and environmental groups have standing to sue coal-fired power plants for their greenhouse gas emissions (2) whether the lawsuit raises nonjusticiable political questions best left to the legislative or executive branches, and (3) perhaps of most interest to the Justices, whether any federal common law nuisance claim is displaced by the Clean Air Act or regulations there under. AEP is one of a series of common law actions brought to address climate change, and the Court’s ruling will profoundly shape the role of judges on this important issue for years to come. This session will discuss AEP and its aftermath.
Moderator:
James R. May, Professor of Law, Co-Director, Environmental Law Center, Widener University Law School, Wilmington, DE
Speakers:
Thomas M. Fisher, Solicitor General, State of Indiana, Indianapolis, IN
Machelle Lee Hall, Tulane Environmental Law Clinic, New Orleans, LA
Karl Moor, Vice President and Associate General Counsel, Southern Company, Atlanta, GA
E-Waste and Beyond: How Far Will and Should Product Stewardship Go?
Recent years have seen a dramatic change in how solid waste and recyclable materials are managed. States are adopting “manufacturer responsibility” or “product stewardship” legislation that shifts the costs of managing solid waste/recyclable materials (such as computers and cathode ray tubes) from the end user to the manufacturer. Some states are seeking to extend the same product stewardship approaches to other materials, such as compact fluorescent lights, pharmaceuticals, and packaging materials. A panel will examine different approaches to product stewardship and their efficacy for different types of wastes. Questions to be considered include: How will these approaches impact businesses, customers, retailers, and recyclers; are the approaches appropriate for managing various types of materials; does the federal government have a role in ensuring national uniformity; and is there a point where we might go too far in pursuing product stewardship?
Moderator:
Linda Tsang, Beveridge & Diamond, P.C., Washington, DC
Speakers:
Garth T. Hickle, Product Stewardship Team Leader, Minnesota Pollution Control Agency, St. Paul, MN
Chaz Miller, Director, State Programs, National Solid Wastes Management Association (NSWMA), Washington, DC
Mike Watson, Director of Compliance, Dell Inc., Round Rock, TX
The Question of Species Recovery under the Endangered Species Act: To Be or Not to Be?
The question of what “recovery” means under the federal Endangered Species Act (ESA) and what its role is in several of the key decisions under the act has become a pressing issue. This session will present an interdisciplinary analysis of the biological and legal aspects of recovery. It will discuss whether a species “recovered” if it no longer exists in a “significant portion” of its historic range. Under Section 4 of the ESA, should recovery plans exert more influence over delisting a species as recovered? Is recovery a mandatory component of consultation on federal actions under Section 7(a)(2)? Also to be considered is whether Section 10 of the act allows non-federal entities to obtain “incidental permits” when they develop a Habitat Conservation Plan. Must these plans promote recovery of listed species?
Moderator:
Dale Goble, Professor, University of Idaho Law, Moscow, ID
Speakers:
Dawn McIntosh, Meyers Nave Riback Silver & Wilson, Los Angeles, CA
Pat Parenteau, Senior Counsel to the Environmental and Natural Resources Law Clinic and Professor of Law, Vermont Law School, South Royalton, VT
Jason C. Rylander, Defenders of Wildlife, Washington, DC
So You Want to be a Mediator: Pathways to Becoming an Alternative Dispute Resolution Professional
Alternative dispute resolution (ADR) professionals are often asked how one becomes accredited or otherwise develops a practice as an ADR provider. A panel of experienced environmental ADR professionals will discuss the pathways and barriers to developing such a practice. They will draw from a deep reservoir of experience to answer questions such as: How did they develop a practice? How can one develop an ADR practice today? What training is necessary to become an effective mediator? What experience and credentials are important when clients and counsel are looking for an ADR professional? What do clients and counsel consider when contemplating the use of ADR in resolving a case? How does ADR look from the participants’ perspectives—do they see future growth in the use of ADR?
Moderator:
Daniel Preston Dozier, Press, Potter & Dozier, LLC, Bethesda, MD
Speakers:
David C. Batson, Senior ADR Specialist, U.S. Environmental Protection Agency, Washington, DC
John F. Gullace, Manko, Gold, Katcher & Fox, LLP, Bala Cynwyd, PA
Kathleen M. Whitby, Spencer Fane Britt & Brown LLP, Kansas City, MO
12:00 p.m. – 12:30 p.m.
Luncheon
Join your colleagues for a buffet lunch prior to the Technical Roundtables.
12:30 p.m. – 1:30 p.m.
Technical Roundtables
These roundtables offer the opportunity to learn something new from some of the nation’s top environmental consultants and service providers. You will be able to listen to two roundtables presentations of your choice.
AlterEcho– Fracking: What’s the Fuss? Weighing Risk Is Key in Complex Gas Exploration Efforts
BNA– Low Impact Development vs. Smart Growth: Navigating the Changing Tide of Water Law and Policy in an Urban Environment
de maximis, inc.– Documents, Data, and Dollars: Project Management Fundamentals
Geosyntec– Managing Contaminated Sediments: How to Keep Your Client from Getting Stuck in the Mud
1:30 p.m. – 3:00 p.m.
Concurrent CLE Sessions
Social Cost of Carbon
Presidents since Ronald Reagan have required that significant rules issued by the federal government be accompanied through their intra-governmental reviews by a cost-benefit analysis. The social cost of carbon (SCC) estimates the benefits part of a cost-benefit analysis. In early 2010, the Obama administration, through an interagency working group (including the U.S. Environmental Protection Agency and the U.S. Department of Energy), formulated a standardized approach to estimating the SCC for rules that would regulate carbon dioxide. This price calculation, aimed at limiting greenhouse gas emissions and meant to bring consistency across agencies, has proved to be a challenging endeavor. A panel will discuss the various steps in calculating the SCC, the weaknesses and strengths of those calculations, and how they are used to inform climate policy. They will also discuss some limitations that the special nature of climate change policy imposes on cost-benefit analysis and the SCC.
Moderator:
Dianne Callan, Independent Counsel, Green Tech Legal, Watertown, PA
Speakers:
Daniel H. Cole, Professor of Law, Maurer School of Law, Indiana University, Bloomington, IN
Ruth Bell Greenspan, Senior Fellow, World Resources Institute (WRI) and Public Policy Scholar, Woodrow Wilson International Center for Scholars (WWC), Washington, DC
Karl Hausker, Vice President, ICF International, Washington, DC
Making Products Greener: What is the Lawyer’s Role?
Product manufacturers are challenged today as never before. Materials selection for consumer products invites a dizzying range of considerations—do they contain hormone disruptors, carcinogens, or PBTs? What toxicogenomic biomarkers might make the product the next celebrity tort case? What labeling requirements apply? What are the implications of genetic variations among the demographic to which the product is to be marketed? These considerations, in turn, invite legal, marketing, and ethical issues that go well beyond questions of core compliance with the law. What exactly is the lawyer’s role? Given the global complexity of the issues and the high stakes involved, what must a lawyer do to remain professionally competent, socially aware, and scientifically proficient? This session will explore these thorny questions, not to resolve them as much as to flag them, and to urge lawyers to remain vigilant in recognizing the constantly shifting demands on them as professionals.
Moderator:
Charles L. Franklin, Akin Gump Strauss Hauer & Feld LLP, Washington, DC
Speakers:
Lynn L. Bergeson, Bergeson & Campbell, PC, Washington, DC
Bob W. Hamilton, Regulatory Policy Director, Amway/Access Business Group, Ada, MI
Joe W. “Chip” Pitts, III, Professor, Stanford Law School, Stanford, CA
Doing a Renewable Energy Project on an Indian Reservation: Top Ten Myths
There are many myths surrounding doing business on an Indian reservation that serve to impair renewable energy development on tribal lands. A panel of professionals from both the tribal and developer perspectives will disclaim the top ten myths about doing a renewable energy project on an Indian reservation and instead present the realities on critical topics including: applicable regulatory laws, taxation of developer activities, dealing with tribes as governments, leases and rights-of-way within Indian country, contracting with tribes, and project water and other resource usage and supply. The panel will also discuss how brownfield sites located on reservations across the country could be redeveloped with renewable energy facilities for a “win-win” solution for all stakeholders, as the redevelopment of brownfield sites into new energy facilities would not only provide a source of clean energy for the utility and customers, but could also be a source of economic development on the reservation.
Moderator:
Donald M. Clary, Law Offices of Donald Clary, Pasadena, CA
Speakers:
Kimberly E. Craven, Senior Project Leader, National Renewable Energy Laboratory, Golden, CO
Douglas C. MacCourt, Ater Wynne LLP, Portland, OR
Pilar Thomas, Deputy Director, Office of Indian Energy and Policy and Programs, U.S. Department of Energy, Washington, DC
How to Keep the Lights On: Is NEPA up to the Challenge?
The National Environmental Policy Act (NEPA) has played a central role for forty years—and should continue to do so—in setting energy policies that balance new information that approaches the limits of scientific knowledge and technology, with current needs and future policy goals. This session will provide an overview of NEPA and the Programmatic Environmental Impact Statement (EIS) process. In addition, a panel of NEPA expert practitioners will share insights on what initiatives and innovations are being adopted or considered to improve the NEPA programmatic EIS process and, effectively, to establish energy policy priorities, review complex scientific issues and regulatory alternatives, and establish regulatory programs that meet energy policy goals. They will focus on the application of programmatic EIS process to renewable energy projects.
Moderator:
Irma Russell, Dean and Professor of Law, University of Montana School of Law, Missoula, MT
Speakers:
Ted Boling, Deputy Solicitor, U.S. Department of the Interior, Washington, DC
Nada Wolff Culver, Senior Counsel and Director, BLM Action Center, The Wilderness Society, Denver, CO
Janice M. Schneider, Latham & Watkins LLP, Washington, DC
3:00 p.m. – 3:30 p.m.
Networking Break
3:30 p.m. – 5:00 p.m.
Concurrent CLE Sessions
Navigating the Emerging National and International Patchwork of Biomass Legislation and Regulation
For a variety of reasons including national security, climate change, and sustainability, interest in non-fossil fuels is building at a tremendous pace. Given the increasing focus on alternate energy sources like biomass, agricultural producers, electricity suppliers, fuel refiners, and potential investors require counsel who can navigate the disjointed, emerging patchwork of legislation, regulation, and litigation surrounding this potential energy alternative, both in the U.S. and European bioenergy markets. Accordingly, this panel will provide the latest, leading legal and policy developments in the regulation of renewable biomass from both a U.S. and EU perspective, including both greenhouse gas rules and sustainability provisions.
Moderator
Jody M. Endres, Senior Regulatory Associate, The Department of Natural Resources, and Environmental Sciences, University of Illinois Energy Biosciences, University of Illinois, Urbana, IL
Speaker
Barbara J. Bramble, Senior Advisor, International Climate and Energy Program, National Wildlife Federation, Washington, DC
Stephen Kaffka, Director California Biomass Collaborative, Extension Specialist Department of Plant Sciences, University of California, Davis, CA
David D. Streicker, Polsinelli Shughart PC, Chicago, IL
When the Walls Come Tumbling Down—The Impact of Coal Ash Regulation and Emerging Litigation
When the Kingston, Tennessee, coal ash impoundment burst in December 2008, more than the landscape over the Emory River changed. The U.S. Environmental Protection Agency (EPA) ramped up its review and evaluation of coal ash as a solid waste and threw the thirty-year process into high gear, spurred on by a new presidential administration focused on environmental issues like none over the prior four decades. What has followed will affect regulation, litigation, and administrative law for years to come. This session will provide an overview of EPA’s June 2010 proposed rules to regulate coal combustion products. A panel will discuss EPA’s two alternate regulatory frameworks, the potential costs of compliance with the proposed regulations, and how these regulations could affect environmental activities for energy companies going forward. Litigation involving coal combustion products and topics related to defending or pursuing such claims will also be discussed.
Moderator:
Kim Ferraro, Legal Environmental Aid Foundation, Inc., Valparaiso, IN
Speakers:
Steven T. Moon, Rogers Townsend & Thomas, PC, Columbia, SC
Jeff Stant, Director, Coal Combustion Waste Initiative, Environmental Integrity Project, Indianapolis, IN
John N. Ward, Chairman, Citizens for Recycling First, Denver, CO
How the United States, Canada, and Mexico Are (and Aren’t) Cooperating to Address a New Era of North American Environmental Issues
In recent years, cross-border North American environmental issues have grown in scope, complexity, and profile. With the lowering of trade barriers under the North American Free Trade Agreement, and the increasing potential for the environmental laws of one nation to cross the border into another, the concerns and debates relating to such issues are a key focus area for the U.S., Canadian, and Mexican governments. Such cross-border issues are as diverse as climate change, energy development, oil sands extraction, low carbon fuel standards, pipelines and infrastructure, extraterritoriality of domestic laws, invasive species, inconsistent environmental standards, imposition of environmental standards at the border, enforcement against imported products, and constitutionality of state environmental laws with international reach. A panel will discuss the cutting-edge issues emerging at the border and what the governments are and are not doing right to address them.
Moderator:
Dennis E. Mahony, Torys LLP, Toronto, ON, Canada
Speakers
Kathleen Roussel, Senior General Counsel and Executive Director, Environment Canada Legal Services, Justice Canada, Gatineau, QC, Canada
Leopoldo Burguete Stanek, Gonzalez Calvillo SC, Lomas de Chapultepec, Mexico City, Mexico
Carol Ann Siciliano, Associate General Counsel, U.S. Environmental Protection Agency, Washington, DC
Emissions Control Requirements and Impacts: EPA’s Power Plant, Boiler, and Solid Waste Combustion Regulations under the Clean Air Act
The U.S. Environmental Protection Agency’s (EPA’s) emission control rulemaking activity continues to generate strong views among members of Congress and stakeholders as new requirements are developed and implemented for power plants, industrial boilers, incinerators, and other facilities. Collectively, new pollution control obligations will apply to more than 10,000 facilities and will achieve substantial emissions reductions. Successful litigation overturning prior regulations preceded many of these rules. Heightened concern regarding the effects of these new initiatives on electric reliability and the economy is certain to trigger even more litigation. This session will provide an update and perspectives on EPA’s Clean Air Act initiatives including implications to public health and affected industries, legal challenges, and Congressional oversight.
Moderator:
Lisa Heinzerling, Georgetown University Law Center, Washington, DC
Speakers:
Faith Bugel, Senior Attorney, Environmental Law & Policy Center, Chicago, IL
Janet McCabe, Principal Deputy Assistant Administrator, Office of Air and Radiation, U.S. Environmental Protection Agency, Washington, DC
Steven Meyers, General Electric, Stamford, CT
5:15 p.m. – 6:15 p.m.
Committee Vice Chairs Working Groups
Committee vice chairs will meet with their peers who share the same committee leadership role: committee newsletters, membership, programs, public service, technology, and The Year in Review. Leadership responsibilities will be outlined and there will be time for questions and group discussion.
5:15 p.m. – 6:15 p.m.
Committee Chairs Leadership Meeting
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.
7:00 p.m. – 10:30 p.m.
Dinner at the NCAA Hall of Champions
Put on your favorite team’s jersey and join your fellow meeting attendees for a casual evening of food, drink, and sports at the world-renowned NCAA Hall of Champions. You will have the opportunity to practice your favorite sports at the Hall’s interactive exhibits—learn how to ski, play virtual golf, or play real basketball on the Hall’s half-size court!
Friday, October 14, 2011
7:00 a.m. – 8:00 a.m.
Breakfast
8:00 a.m. – 8:15 a.m.
2011 ABA Award for Excellence in Environmental, Energy, and Resources Stewardship
8:15 a.m. – 10:00 a.m.
Plenary Session 2: The New Environmental Landscape: Legislation, Regulation, and Enforcement Collide
This session examine the environmental protection landscape and the approaches being taken by various institutional actors, focusing on the new Congressional majority at it draws to a close in its first year and the U.S. Environmental Protection Agency (EPA) as it passes the mid-point of the Obama administration’s term. This will include a review of EPA’s enforcement efforts and the ways in which legislative, regulatory, and enforcement efforts are supporting and conflicting with each other, with particular emphasis on greenhouse gas regulation and environmental enforcement.
Moderator:
David M. Uhlmann, Director, Environmental Law and Policy Program, University of Michigan School of Law, Ann Arbor, MI
Speakers:
David T. Buente, Jr., Sidley Austin LLP, Washington, DC
John M. Cassady, Esq., Senior Principal, Legislative Advocacy, National Rural Electric Cooperative Association (NRECA), Arlington, VA
Cynthia Giles, Assistant Administrator, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, Washington, DC
10:00 a.m. – 10:30 a.m.
Networking Break
10:30 a.m. – 12:00 p.m.
Concurrent CLE Sessions
Promoting Clean Energy at the State Level: The Role and Relevance of Feed-In Tariffs
States face many challenges in attracting—and sustaining—the development of clean sources of distributed electricity generation. One tool available to states seeking to increase such development is the “feed-in tariff.” A feed-in tariff can be established under state law as a standard offer to purchase the output of clean generators that is delivered to the grid from both established and emerging clean sources of power supply. Feed-in tariffs have triggered some controversy in the past year, as the seams between state and federal jurisdiction are being tested and pushed. A panel will discuss the current jurisdictional issues and status of feed-in tariffs, their place in the power supply portfolio of regulated public utilities, and their value in attracting and incenting investment in new and emerging clean generating technologies.
Moderator:
Frederick Jackson Stoddard, Manatt, Phelps & Phillips, San Francisco, CA
Speakers:
Scott Hempling, Executive Director, National Regulatory Research Institute, Silver Spring, MD
Jennifer L. Key, Steptoe & Johnson LLP, Washington, DC
Frank Lindh, General Counsel, California Public Utilities Commission, San Francisco, CA
Hydraulic Fracturing: The Legal Landscape
The use of hydraulic fracturing to enhance recovery of natural gas in shale formations has expanded dramatically. This technology, which has great potential to increase domestic supplies of energy, has raised environmental concerns including possible hazardous air emissions, harmful effects on drinking water, and substantial water use, and even concerns about possibly triggering earthquakes. Federal and state environmental regulatory agencies are paying greater attention to hydraulic fracturing but the enforcement and regulatory landscape is in a state of flux. A panel will share a variety of perspectives on this technology and discuss the evolving federal and state regulatory approaches to address the potential environmental impacts.
Moderator:
Carrick Brooke-Davidson, Guida, Slavish & Flores, PC, Austin, TX
Speakers:
Bernadette Rappold, Director, Special Litigation and Projects Division, Office of Civil Enforcement, U.S. Environmental Protection Agency, Washington, DC
Amy Sinden, Professor, Temple University School of Law, Philadelphia, PA
Stephanie R. Timmermeyer, Chesapeake Energy, Oklahoma City, OK
Legal Currents: The U.S. Supreme Court and Inter-State Water Disputes
Water does not abide by state boundaries, challenging a legal system which, for purposes of water, commonly does. A panel will analyze how inter-state water disputes are resolved through that rarest of judicial animals, the U.S. Supreme Court’s original jurisdiction. They will explore a host of water cases that have found their way to the Court, including an allocation dispute between North Carolina and South Carolina, a dispute argued this term between Wyoming and Montana concerning the impact of increased water efficiency on agricultural runoff, an effort by Michigan to obtain a preliminary injunction against Illinois with respect to the advance of Asian carp into Lake Michigan, and a dispute between Utah and Nevada that threatens to draw the Court’s attention to allocation of scarce groundwater resources, a significant source of potable water in the arid West.
Moderator:
John B. Draper, Montgomery & Andrews, PA, Santa Fe, NM
Speakers:
Lawrence J. MacDonnell, University of Wyoming, Laramie, WY
Kristin Linsley Myles, Munger, Tolles & Olson LLP, San Francisco, CA
Stuart A. Raphael, Hunton & Williams LLP, McLean, VA
Reforming Chemicals Regulation: Balancing Science and Fear in the Reform of the Toxic Substances Control Act
An estimated 65,000 chemicals have been manufactured for commercial use and people come into contact with these chemicals at an ever increasing rate. Some of these chemicals can have harmful effects on health and the environment that often go unnoticed until the chemical has been widely used for many years. Examples include endocrine disruptors such as bisphenol A and triclosan. This problem is exacerbated by limitations in the Toxic Substances Control Act (TSCA) of 1976, which does not accommodate either the current state of the science nor the need for response to public reaction. Current recommendations for TSCA reform include decreased product confidentiality, increased information sharing, and evaluation of aggregate/lifecycle exposures. A panel will discuss TSCA reform recommendations and the challenges faced by industry and regulators in balancing science and public perceptions of safety in light of the lessons learned from the issue of endocrine disruption.
Moderator:
Kathleen Neuber, Senior Scientist, Integral Consulting Inc., Annapolis, MD
Speakers:
Julia A. Hatcher, Latham & Watkins LLP, Washington, DC
Steve Owens, Assistant Administrator, U.S. Environmental Protection Agency, Washington, DC
Michael P. Walls, Vice President, American Chemistry Council, Washington, DC
12:00 p.m. – 1:30 p.m.
Committee Get-Together Luncheon
1:30 p.m. – 3:00 p.m.
Concurrent CLE Sessions
Real Estate Transactions in the New Economy: New Requirements, New Standards, and Climate Risks
The practical reality of closing real estate transactions has changed. Lenders are imposing new environmental requirements on borrowers. Some states are requiring more or different financial assurance for participation in brownfield programs. At the same time, the insurance market continues to change rapidly, with constantly evolving underwriting procedures and more insurance companies providing environmental coverage. Industry standards related to real estate transactions are also changing. State and federal agencies are realizing that brownfield redevelopment is frequently synonymous with economic redevelopment and job growth, spurring interest in brownfields and the creation of new grant programs, the retooling of some existing grant programs, and the development of other incentives for brownfield developers. In addition, climate risks are now becoming a consideration in many real estate transactions. This session will provide the latest information for you to help clients finance, insure, and close their transactions.
Moderator:
Alan S. Miller, International Finance Group, Washington, DC
Speakers:
Dennis M. Anderson, Vice President, FM Global Research Campus, West Glocester, RI
Tina St. John Bryan, Chief Environmental Risk Officer, Regions Bank, Birmingham, AL
Pamela K. Elkow, Robinson & Cole, LLP, Stamford, CT
Is It Really Toxic? How Would I Know?
Many toxic pollutants cannot be detected by available methods. Conversely, the toxicity of many chemicals is unknown even when they can be detected, and regulators and dischargers alike agree that different chemicals combined in the same effluent can have unknown effects. In response to increased concern about the discharge of potentially harmful “emerging contaminants,” the U.S. Environmental Protection Agency (EPA) has attempted to convince states to promulgate “toxicity policies” that rely on the whole effluent toxicity or “WET” test to measure toxicity. Trouble is, critics say, the WET sampling protocol creates a sufficient percentage of “false positives,” so that no discharge subjected to WET testing over time can escape being labeled toxic. The panel will offer diverse perspectives on EPA’s direction to adopt this testing standard, the states’ responses, and the legal and policy questions that arise when the precautionary testing principle is seemingly at odds with observed phenomena.
Moderator:
Timothy Moore, President, Risk Sciences, Rockvale, TN
Speakers:
Peggy Glass, Principal & Executive Vice President, Alan Plummer Associates, Inc., Austin, TX
Andrew Neuhart, Colorado Department of Public Health and Environment, Denver, CO
Melissa A. Thorme, Downey Brand LLP, Sacramento, CA
Your Client, Your Project: What You Must Know about Greenhouse Gas Regulation
In 2010, U.S. Environmental Protection Agency achieved the completion of its initial actions to regulate greenhouse gas (GHG) emissions from mobile and stationary sources. Despite over eighty lawsuits filed by more than thirty-five petitioners, these rules are now being implemented, with full implementation scheduled to begin this July. By September 2011, all impacted entities and their lawyers will face impacts from these new regulatory programs. The panel will provide a quick update on the legal status of the EPA’s GHG regulations, and then focus primarily on lessons learned from this new layer of regulation, and implications for all environmental lawyers and their clients. Finally, the panel will provide an update on GHG litigation and implications for other areas of practice such as transactions and disclosures.
Moderator:
Bernie Hawkins, Nelson Mullins Riley & Scarborough LLP, Columbia, SC
Speakers:
Steven Dunn, New Source Review Team Leader, Bureau of Air Management, Wisconsin Department of Natural Resources, Madison, WI
Carl Edlund, Director, Multimedia Planning and Permitting Division, U.S. Environmental Protection Agency, Region 6, Dallas, TX
Sharon F. Rubalcava, Alston & Bird LLP, Los Angeles, CA
Lessons from Chevron in Ecuador and the DBCP Litigation – Enforcement of Foreign Judgments in Environmental and Mass Torts
Over the past decade, U.S. plaintiff lawyers have increasingly targeted multinational corporations for environmental and toxic torts allegedly arising from non-U.S. operations. Traditionally, the standard approach for a U.S. company sued for alleged foreign torts was a motion to dismiss on the grounds of forum non conveniens. But what used to be a safe path to avoiding litigation risk has turned into a morass, as certain plaintiff lawyers have discovered the opportunities of exploiting judicial systems in foreign countries through fraud, manipulation, and political influence. For defendants who have followed the forum non conveniens path, the battleground has shifted from the almost impossible task of defending the claims in foreign courts to a worldwide battle to prevent enforcement of multibillion dollar judgments. Our panel will share their first-hand experiences as academicians, private investigators, and outside counsel on how to best prepare corporate defendants to respond to this new world order.
Moderator:
Eric Lasker, Hollingsworth LLP, Washington, DC
Speakers:
Montre Carodine, Professor, University of Alabama School of Law, Tuscaloosa, AL
Michael Crimmins, Investigative Research, Inc., Denver, CO
D. Ferguson McNiel, III, Vinson & Elkins LLP, Houston, TX
3:00 p.m. – 3:30 p.m.
Networking Break
3:30 p.m. – 5:00 p.m.
Ethics Session: Practical and Ethical Considerations for ALL Counsel in a New Environment for Legal Services
Ethical standards can clash as never before with methods of delivering legal services and business metrics for both lawyers and clients. The economic collapse of 2008 focused clients upon innovative ways of procuring legal services. Those same economic pressures incentivized law firms to become more creative in devising new legal services delivery models. Trends include fixed-fee pricing, bidding on portfolios of cases, so-called “convergence” initiatives that reduce the number of outside counsel serving a company, unbundled legal services, and outsourcing of legal services, including overseas. A panel will explore the practical and ethical implications of these trends and will impart insights into how corporate counsel, outside counsel, and government counsel can navigate the challenges of this new environment.
Moderator:
John C. Cruden, President, Environmental Law Institute, Washington, DC
Speakers:
William D. Henderson, Professor, Indiana University, Maurer School of Law, Bloomington, IN
Lucian Pera, Adams and Reese LLP, Memphis, TN
5:30 p.m. – 6:30 p.m.
Speed Networking for Young Lawyers and Law Students
You’ve probably heard of “Speed Dating,” but what about “Speed Networking”? Young lawyer and law student attendees will meet one-on-one with several seasoned environment, energy, and resources law practitioners over the course of an hour. This is the place to network and seek general advice from your colleagues and potential mentors and to discuss Section activities and initiatives that may be of interest. To participate in this speed networking event as a “guide,” law student, or young lawyer, please indicate your interest when registering. Questions should be directed to Yumeka Brown, Program and Membership Coordinator, at Yumeka.Brown@americanbar.org.
6:30 p.m. – 7:30 p.m.
Local Flair Reception
Experience a taste of Indianapolis with fellow meeting attendees, representatives from local law firms, and guests before heading out to dinner.
7:30 p.m.
Dinner on the Town
After the Local Flair Reception, Section Fall Meeting attendees and their guests take the opportunity to sample Indy’s dining venues together. Please check the message board in the meeting registration area for group sign-up sheets. This is an excellent way to meet people.
Saturday, October 15, 2011
7:00 a.m. – 8:00 a.m.
Breakfast
9:00 a.m. – 10:30 a.m.
Litigation Workshop: Minnows, Monatawnee, and Blowhards Part 1
Lawyers assisting clients in the development of renewable energy need to know how to identify and clear the hurdles between siting new source of power generation, constructing and operating it, and delivering power to the consumer. This two-part mock trial session will feature a fleet-footed team of veteran litigators demonstrating their nimbleness in the advocacy arena, clearing the hurdles of National Environmental Policy Act reviews, Endangered Species Act concerns, and the crossing at state, federal, and tribal lands. In our scenario, Blowhard Energy, in the wind-rich state of Albion, seeks to place high voltage transmission lines into the neighboring state of Xanadu. With the necessary permits, Blowhard can compete effectively in the electricity market given Xanadu’s high energy generation costs. Blowhard’s transmission lines will have to cross Monatawnee tribal land and the natural habitat of the loach minnow, a federally listed endangered species—factors contributing to an unenviable, but lucrative task ahead.
Speakers:
Willard R. Burns, Burns Law Firm, LLC, Marianna, PA
Anders Johnson, Bonneville Power Administration, Vancouver, WA
David Macgregor, Post & Schell, Philadelphia, PA
The Honorable Jane Magnus-Stinson, U.S. District Court, Southern District of Indiana, Indianapolis, IN
Scott J. Sachs, Atkinson, Andelson, Loya, Ruud & Romo, Cerritos, CA
Donald R. Wharton, Senior Attorney, Native American Rights Fund, Boulder, CO
10:30 a.m. – 11:00 a.m.
Networking Break
11:00 a.m. – 12:30 p.m.
Litigation Workshop: Minnows, Monatawnee, and Blowhards Part 2
12:30 a.m. – 2:00 p.m.
Lunch on Your Own
2:00 p.m. – 5:00 p.m.
Council Meeting
Everyone is welcome to attend.
5:30 p.m. – 6:30 p.m.
Section Chair’s Farewell Reception
Don’t miss the opportunity to gather with your friends and colleagues at the last event of the 19th Section Fall Meeting.
Meeting Concludes
