CLE Program Descriptions  

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Thursday, October 21st, 2:15pm – 3:45pm
Federalism and FERC: The Role of States in Energy Regulation
(1.5 hrs CLE)

The division of regulatory jurisdiction between the federal government and the states is a perennial source of controversy in energy regulation. Two recent examples have involved the regulation of regional transmission organizations and the siting of liquefied natural gas facilities. The panel will examine these and other federal-state conflicts and will debate the appropriate principles for dividing jurisdiction between the states and the Federal Energy Regulatory Commission.

Program Co-Chairs:
Kenneth G. Hurwitz, Partner, Haynes and Boone, LLP
Patrick J. McCormick, Partner, Balch & Bingham LLP

Panelists:
Hon. Allen M. Freifeld, Commissioner, Maryland Public Service Commission
Hon. Joseph T. Kelliher, Commissioner, Federal Energy Regulatory Commission
Hon. Loretta M. Lynch, Commissioner, California Public Utilities Commission
Richard J. Pierce, Jr., Professor of Law, George Washington University Law School

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Thursday, October 21st, 4:00pm – 5:30pm
Rulemaking in the Electronic Age: How Should Agencies Respond?
(1.5 hrs CLE)

Electronic communications are transforming the process of rulemaking. In the past, high transaction costs generally insured that comments on rules were fairly formal and thoughtful submissions made by those with significant interests. Now anyone can register his or her views by quickly sending off a paragraph or two — or much more — via e-mail. But what is the agency to do with a million comments? Should rulemaking be transformed into a plebiscite? Email also allows agencies to accept iterative comments that can develop a dialogue on specific points. Should agencies take advantage of this possibility? Or does this too easily devolve into the equivalent of electronic ex parte communications? This panel will review these and other developments and highlight the administrative law issues at stake.

Program Chair:
Philip Harter, Professor of Law, University of Missouri – Columbia

Panelists:
Cary Coglianese, Chair, Reg. Policy Program, Kennedy School of Govt,Harvard University
Neil Eisner, Asst General Counsel for Regulation and Enforcement, US Department of Transportation
Neil Kerwin, Provost, American University
Beth Noveck, Professor of Law, New York University Law School
Rick Otis, Deputy Asst Administrator, Office of Environmental Information, US EPA
Dr. Stuart W. Shulman, Asst Professor, Info. Sciences and Public Admin., Univ.of Pittsburgh

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Thursday, October 21st, 4:00pm – 5:30pm
Administrative Reform and the Role of Expertise in the Patent System
(1.5 hrs CLE)

Recent reports by the Federal Trade Commission, the Patent & Trademark Office and the National Research Council have proposed significant reforms to the administrative structure of the nation’s patent system, including the addition of an administrative opposition procedure and a reduction in the level of proof needed to overcome the administrative finding of patent validity. This panel will examine these and other proposed administrative reforms and will debate the proper role of administrative expertise in the nation' patent system.

Program Chair:
Kenneth R. Corsello, Kenyon & Kenyon

Panelists:
Susan S. DeSanti, Deputy General Counsel for Policy Studies, Federal Trade Commission
Hon. Timothy B. Dyk, U.S. Court of Appeals for the Federal Circuit
Don W. Martens, Partner, Knobbe Martens Olson & Bear LLP
Arti Rai, Visiting Professor, Yale Law School
James A. Toupin, General Counsel, United States Patent and Trademark Office

Co-Sponsored by the Patent Trademark and Copyright Section of the BADC

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Thursday, October 21st, 4:00pm – 5:30pm
Advisory Committees, Confidentiality and the Constitution: FACA Cases and Controversies
(1.5 hrs CLE)
For over three decades, both Democratic and Republican Administrations have advanced constitutional arguments against certain applications of the Federal Advisory Committee Act. At the end of its last term, the Supreme Court blocked a broad discovery request against Vice President Cheney's Energy Task Force but did not abrogate the "de facto advisory committee" doctrine applied by the DC Circuit. The panelists will examine current controversies surrounding FACA, including the "de facto advisory committee" doctrine, and will discuss whether, and to what extent, FACA can be reconciled with the Constitution and the Chief Executive’s need for confidential advice.

Program Chair:
Thomas Susman, Partner, Ropes & Gray, LLP

Panelists:
Hon. Jay Bybee, Judge, United States Court of Appeals for the Ninth Circuit
Eric Glitzenstein, Partner, Meyer & Glitzenstein
Elizabeth Magill, Professor, University of Virginia School of Law
Mark B. Stern, Appellate Litigation Counsel, Civil Division, U.S. Department of Justice

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Thursday, October 21st, 4:00pm – 5:30pm
New Source Review or No Source Review?
(1.5 hrs CLE)

The "New Source Review" provisions of the Clean Air Act were designed to insure that industrial plants would install modern pollution controls whenever they modified their existing facilities or built new ones. In 2002 and 2003, EPA promulgated new regulations that give firms additional flexibility in applying the requirements of new source review. The Bush Administration claims that this flexibility will eliminate unnecessary regulatory burdens and actually improve air quality, while environmentalists claim it will create massive loopholes leading to more pollution. This debate is already joined in court. The 2002 rules are presently before the D.C. Circuit Court of Appeals, while the 2003 rules are under administrative reconsideration, with D.C. Circuit briefing expected in early 2005. So come get an early look at the contested issues from this panel!

Program Chair:
Cynthia Drew, Assoc. Professor, School of Law and Center for Ecosystem Science and Policy, University of Miami

Panelists:
Hon. C. Boyden Gray, Former White House Counsel, Partner, Wilmer Cutler Pickering Hale
and Dorr LLP
John D. Walke, Director, Clean Air Project, Natural Resources Defense Council
Bill Wehrum, Counsel, Office of Air and Radiation, US Environmental Protection Agency

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Thursday, October 21st, 6:00pm – 8:00pm

Reception at the U.S. Botanic Garden

 

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