Public Service Project (off-site/non-CLE)
The Section's Public Service Task Force is partnering with the Surfrider Foundation to organize a beach clean up. The Task Force believes that everyone who visits San Diego should see the ocean - and what better way to promote the environment than to donate your time to keeping it clean? This is a true opportunity to do some good for yourself and the environment and we hope you will join us for this two hour beach clean up.

The Clean up will occur on Wednesday October 4, 2006 from 2:00 - 4:00 p.m. at Mission Beach. The group will meet just south of the roller coaster on Mission Blvd. at San Fernando Place parking lot. If you are interested in participating please contact Scott Sachs to RSVP and get complete details.

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Pre-Conference Program and Walking Tour
2:00 p.m. – 4:30 p.m.
When Condemnation Hits Contamination (*Ticketed Function)
Eminent domain is a powerful tool to facilitate brownfields redevelopment.  The moderated panel discussion will draw on local examples to illustrate the opportunities and the challenges of this cleanup strategy.  Petco Park, recently awarded a Phoenix Award and noted in California case law for the innovative use of the powers of condemnation, makes the subject real and immediate, while the relatively recent Kelo decision underscores the continuing sharp controversy over the use of this tool by local government.  With the Kelo decision allowing eminent domain for private development, state laws become the frontline by opponents of the use of eminent domain for eventual private redevelopment. 

After the panel discussion, a guided walking tour through the adjacent "Gaslamp" district of the downtown San Diego area, focusing on several historic redeveloped structures and the Petco Park baseball park, which has won local, state, national and international brownfield awards, will be conducted to place the academic discussion into a lively and practical context.
*Participation in the Pre-Conference program is complimentary. We ask that you register for a ticket to insure an accurate attendance count.

Moderator:
Elliott P. Laws, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC

Panelists:
Richard Freeland, Asaro, Keagy, Freeland, McKinley & Bartz LLP, San Diego, CA
Richard G. Opper, Opper & Varco LLP, San Diego, CA

7:00 a.m. – 8:00 a.m.
Fresh Air in the Morning (*Ticketed Function)
Rise early and enjoy this special seminar with Environmental Protection Agency’s Acting Assistant Administrator for Air and Radiation, Bill Wehrum, as he discusses EPA’s priorities and challenges in meeting the country’s clean air goals.
*Participation in the session is complimentary. However, attendance is limited to 40 guests. Tickets are allocated on a first come, first served basis.

Moderator:
Robert J. Martineau, Jr., Chair, Section Fall Meeting Planning Committee, Waller Lansden Dortch & Davis, LLP, Nashville, TN

Featured Speaker:
William Wehrum, Acting Assistant Administrator, Office of Air and Radiation, U.S. Environmental Protection Agency, Washington, DC (invited)

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7:00 a.m. – 8:00 a.m.
Energize Yourself with a Power Breakfast (*Ticketed Function)
Rise early and be one of a select few to engage in an informal breakfast roundtable discussion with several of the panelists for the Opening Plenary Session on Energy Policy. Register early to reserve your place at this power breakfast.
*Participation in the breakfast is complimentary. However, attendance is limited to 40 guests. Tickets are allocated on a first come, first served basis.

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8:00 a.m. – 10:00 a.m.
Opening Session: Energy Policy Act of 2005: Goals, Progress, Implementation, and Impacts
The Energy Policy Act promises adequate, reliable, environmentally sustainable energy to meet the nation’s needs.  Are we moving toward this result? Can we discern and project trends in the development of oil, coal, nuclear, natural gas, and renewable resources?  But does our appetite for energy threaten environmental quality?  What about climate change?  How are two federal agencies on which the EPA placed high expectations and responsibilities - the U.S. Department of Energy and Federal Energy Regulatory Commission - responding?  What should energy practitioners know, and what legal demands and issues should they expect?  An experienced panel of experts will provide insights on all these questions.

Moderator:
Sheila Slocum Hollis, Partner, Duane Morris LLP, Washington, DC

Panelists:
John C. Dernbach, Widener University Law School, Harrisburg, PA
David K. Garman, Under Secretary of Energy for Energy, Science and Environment, Department of Energy, Washington, DC
Julie Anderson, National Commission on Energy Policy, Washington, DC
Laura H. Kosloff, Trexler Climate + Energy Services, Inc., Portland, OR

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10:30 a.m. – 12:00 p.m.
The Use of Innovative Tools for More Effective Resolution of Civil Enforcement Cases
There has been a movement in recent years among federal and state environmental enforcement officials to resolve civil violations through the use of creative legal tools and practices other than traditional inspections, enforcement for violations at a single facility, and penalties. Among the tools that have been used in recent years include supplemental environmental projects, environmental audits and self-disclosures, and company-wide “global” settlements addressing similar violations at multiple facilities. The panelists, who all have substantial experience negotiating resolutions of civil environmental enforcement cases, will debate the pros and cons of these various tools in the context of specific examples of CAA, CWA, or RCRA fact scenarios.

Moderator:
Randolph L. Hill, Deputy Director, Office of Civil Enforcement, U.S. Environmental Protection Agency, Washington, DC

Panelists:
Douglas S. Arnold, Alston & Bird LLP, Atlanta, GA
Don Clay, Managing Director, Environmental and Regulatory Affairs, Koch Industries, Inc., Washington, DC
Paul Hagen, Law Offices of Paul Hagen, Eureka, CA

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10:30 a.m. – 12:00 p.m.
Natural Resource Damage Litigation Tool Box: How to Avoid Getting Hammered
Your client has just been named a defendant in a natural resource damage action brought by a state natural resource trustee. The complaint is signed by a private attorney who, rumor has it, is representing the state on a contingent fee basis. The client's general counsel wants to know how you would defend the case if you were hired to represent the company. How would you respond? In this program, legal experts who have been battling in the NRD trenches will take you from the filing of the complaint to discovery through to trial, sharing strategies from both plaintiff's and defendant's perspective and highlighting the difficult questions that arise in these cases.

Moderator:
Peter L. Gray, McKenna Long & Aldridge LLP, Washington, DC

Panelists:
John K. Dema, Law Office of John K. Dema, Christiansted, St. Croix, U.S. Virgin Islands
William H. Hyatt, Jr., Kirkpatrick & Lockhart Nicholson Graham LLP, Newark, NJ
Sara J. Russell, Supervising Deputy Attorney General, Natural Resources Law Section, California Attorney General's Office, Sacramento, CA

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10:30 a.m. – 12:00 p.m.
The ESA and Property Rights – Will We See Peace In Our Time?
This session will explore the various perspectives regarding the social, economic, and environmental impacts of the Endangered Species Act, one of the most powerful laws ever passed to protect our environment. Three panelists will debate whether the ESA goes too far in its impact on property rights, the relative value of species protection, the benefits and drawbacks of regional habitat conservation plans (HCPs), and how the ESA will likely fare after the U.S. Senate grapples with the legislative changes proposed by the U.S House of Representatives.

Moderator:
Dawn A. McIntosh, Fox & Sohagi, Los Angeles, CA

Panelists:
Andrew Hartzell, Hewitt & O’Neil LLP, Irvine, CA
M. Reed Hopper, Principal Attorney, Pacific Legal Foundation, Sacramento, CA
Daniel J. Rohlf, Associate Professor of Law and Director, Pacific Environmental Advocacy Center, Lewis and Clark Law School, Portland, OR

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10:30 a.m. – 12:00 p.m.
Environmental Impacts of Regional and Cross Border Energy Projects
Energy transactions are increasingly taking on a regional flavor, with the integration of grids and markets, as manifest by recent cross-border energy projects for delivery and use of electricity, oil, natural gas, and hydroelectric power. These transactions, informed by the location of resource reserves and fueled by patterns of energy demand, can have significant environmental implications. This roundtable will offer practical guidance on the role of s iting considerations; environmental and social impact analysis, including cross-border, jurisdictional and enforcement issues; international treaties, bilateral agreements and international standards; and conflict avoidance resolution.

Moderator:
Kevin A. Ewing, Bracewell & Guiliani LLP, Washington, DC

Panelists:
Daniel Basurto Gonzalez, LEXCORP ABOGADOS, Los Morales, Mexico
Oscar Estrella Grijalva, Martinez, Algaba, Estrella, de Haro y Galvan-Duque, Bosques de las Lomas, Mexico
David L. Mulliken, Latham & Watkins LLP, San Diego, CA

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12:00 p.m. – 12:30 p.m.
Luncheon

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12:30 p.m. – 1:30 p.m.
Technical Roundtables
The Technical Roundtables are designed to provide a casual and intimate setting so that participants can benefit from personal one-on-one interaction with sponsoring consulting firms. Each will discuss a specific technical education area. Please plan to join us for lunch and this unique opportunity.

The Bureau of National Affairs (BNA)
Making your Case with the Media
Maximize your exposure, develop successful communication strategies, and prepare people in your practice to work with the media. Hear from a panel of media experts and BNA journalists to get the story on dealing with the press on environmental issues

Mark Kozeal, Market Manager, Environment, Health & Safety Services BNA, Inc., Washington, DC

Center for Toxicology and Environmental Health, LLC (CTEH)
The roundtable discussion will take you through the phases of a chemical emergency and highlight steps that you can take to protect your client’s interest. 

Dr. Phillip T. Goad, Partner and Senior Toxicologist, CTEH, Little Rock, AR

Exponent
Traditional and Non-Traditional Contaminants in Sediments - The Evolving Playing-Field of Legacy and Operational Liabilities
The roundtable discussion will focus on an “in the trenches” look at sediment claims and issues; the evolution of contaminated sediment issues and claims from the Federal-driven mega-toxic type sites  to the state-driven agricultural sites; from the injury assessment focus to a restoration focus; with rapidly evolving strategic and technical implications for PRPs.

Dr. Paul D. Boehm, Group Vice President and Principal Scientist, Exponent, Maynard, MA

Langan Engineering and Environmental Services
Coming Back Home to Roost: Creative Visions and Challenges for Connecting & Preserving Waterways and Old Neighborhoods via Mixed-Use Urban Brownfield Redevelopment
The revitalization of urban industrial landscapes is complicated by aged infrastructure, environmental contamination and proximity to waterways/wetlands that pose significant challenges while presenting tremendous opportunity for redevelopment. From Xanadu at the Meadowlands in the Metropolitan New Jersey/ New York area to the Former Frankford Arsenal along the Delaware River in Philadelphia this Technical Roundtable discussion will explore the creative visions and technical challenges that exemplify significant regional Brownfield redevelopment initiatives inspired by connecting waterways with old inner city neighborhoods and communities.

David J. Charrette, P.W.S., Associate, Langan, Elmwood Park, NJ
Jeff A. Smith, P.G., Senior Project Manager, Langan, Philadelphia, PA

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2:00 p.m. – 3:30 p.m.
E-discovery 1.0, Metadata Mishaps and Those Changing Federal Rules
A practical training session for lawyers who are not primarily litigators, but whose clients face Electronic Discovery situations. Participants will learn the proper searching and preservation methods and best practices for evaluating the responsiveness of metadata. Learn methods to evaluate potential costs and time and money saving tips for dealing with electronic e-discovery. The Judicial Conference's unanimously adopted proposed Federal Rules of Civil Procedure concerning electronic discovery (set to be adopted December 2006) will be discussed including the supposed "Safe Harbor" provision for document destruction. Session will feature a demonstration of leading tools and technologies to discover, review, manage and produce electronically stored documents.

Moderator:
Scott J. Sachs, Ford Walker, Haggerty & Behar, LLP, Long Beach, CA

Panelists:
Mary Mack, Esq., Technology Counsel, Fios, Inc., Portland, OR
Andy Spruill, Director, Professional Services, Guidance Software, Inc., Pasadena, CA

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2:00 p.m. – 3:30 p.m.
The Challenge of Aging Water Infrastructure: How Big is the Problem and Who Pays the Bill?
This panel will look at the yawning public safety, regulatory, and funding gap for water infrastructure nationwide. For purposes of the panel, water infrastructure will include dams, levee systems, and water storage and conveyance facilities. Panelists will address the size and scope of the Nation’s water infrastructure deficit, questions concerning who pays for shortfall, and consequences and ramifications. At least one speaker will address legal risks of aging water infrastructure and options for managing risks relating to liability, insurance, and stranded investments.

Moderator:
Adam W. Gravley, Buck & Gordon LLP, Seattle, WA

Panelists:
Denise L. Kruger, Senior Vice-President, Golden State Water Co., Rancho Cordova, CA
John H. Minan, Professor of Law, University of San Diego School of Law and Chair, San Diego Regional Water Quality Control Board, San Diego, CA
Scott L. Shapiro, Downey Brand LLP, Sacramento, CA

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2:00 p.m. – 3:30 p.m.
The Title V Permitting Program – Promises Met, Promises Broken, and Challenges Ahead
All large facilities in diverse industries ranging from power plants to paper, glass, steel, cement and chemical plants, oil refineries, large landfills, waste-to-energy plants, wastewater treatment facilities, and the like must obtain and operate under Clean Air Act Title V operating permits. This program will explore current issues companies face in living with these permits, as well as perspectives from federal and state regulators and a perspective on whether those permits are meeting the goals envisioned by the environmental community. The program will also discuss how these permits have impacted agency enforcement, self-reporting and citizen suit enforcement efforts.

Moderator:
Donna H. Carvalho, Senior Counsel, Conoco Phillips Company, Houston, TX

Panelists:
Amy M. Lincoln, Beveridge & Diamond PC, Washington, DC
Karla Raettig, Environmental Integrity Project, Washington, DC

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2:00 p.m. – 3:30 p.m.
(Part I) Deal or No Deal: Brownfields Transactional Issues from the Publicly-Traded Corporation's Perspective
This panel will focus on the types of issues that publicly traded corporations face in entertaining offers to sell contaminated, urban land to developers for redevelopment into a different land use. This role play program will address a variety of issues, ranging from environmental disclosure issues under FIN 47, the best methods to recoup cleanup costs from prior potentially responsible parties (PRPs), the impact of a PRP's bankruptcy upon the sales negotiations, the timing of assessment and remediation, vapor intrusion concerns, and potential land use restrictions and long-term care considerations.

Moderator:
Amy L. Edwards, Holland & Knight LLP, Washington, DC

Panelists:
Fern Fleischer Daves, In-House Counsel, ITT Industries, White Plains, NY
James M. Redwine, Shaw Environmental Liability Solutions, LLC, Baton Rouge, LA
Bart Seitz, Baker Botts L.L.P., Washington, DC

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4:00 p.m. – 5:30 p.m.
(Part I) Anatomy of an Environmental Jury
How do jurors react to complex environmental issues? Find out in this two-part program. It features the actual deliberation and verdict of a “mock” jury selected by a national litigation consulting firm. In this first session experienced trial counsel conduct a “mini-trial” before the jury and a real judge. When that session is concluded, the “jury” will retire for deliberations, which will be videotaped and shown the next day (See Part II – October 6). The fact pattern is a common-place one in environmental litigation: a dispute between adjoining site owner-operators (whose operations are at least somewhat similar) with regard to which of them is responsible for site remediation. This is a chance for environmental practitioners to see how environmental issues really play out with a representative “jury” of lay persons.

Facilitator:
Kenneth H. Mack, Fox Rothschild LLP, Lawrenceville, NJ

Presentation Team:
James A. Bruen, Farella Braun + Martel LLP, San Francisco, CA
Lara Dolnik, Starr Litigation Services, Vice President, Scottsdale, AZ
Hon. Louisa S. Porter, Magistrate Judge, U.S. District Court, So. District, San Diego, CA
Donald W. Stever, Kirkpatrick & Lockhart Nicholson Graham LLP, New York, NY

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4:00 p.m. – 5:30 p.m.
Penetrating the Clean Air Act Maze
A Workshop on the EPA’s New Air Regulations Affecting Industrial Facilities
The Clean Air Interstate Rule (CAIR), the Clean Air Mercury Rule (CAMR), the regional haze requirements, the Industrial boiler MACT, the 8 hour Ozone NAAQS, and the PM 2.5 NAAQS are all EPA program initiatives arising from the complex of priorities and directives established by Congress through the Clean Air Act. Many of these initiatives apply to facilities throughout the United States. Implementation deadlines imposed by these initiatives occur at different times over the next seven years. This workshop will help participants focus on ways to penetrate this maze and to develop coherent approaches to dealing with the suite of changes.

Moderator:
Scott Young, Polsinelli Shalton Welte Suelthaus PC, Kansas City, MO

Panelists:
Samuel Napolitano, Director, Clean Air Markets Division, Office of Air and Radiation, U.S. Environmental Protection Agency, Washington, DC
Elaine Chang, DrPH, Deputy Executive Officer, Planning, Rule Development and Area Sources, South Coast Air Quality Management District, Diamond Bar, CA
Gregory R. Signer, Senior Counsel, Tennesee Valley Authority, Knoxville, TN

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4:00 p.m. – 5:30 p.m.
Mining on Public Lands: Recent Changes in the Mining Law
While Congress debates reforms of the 1872 Mining law, the administration of the current law has see-sawed. This panel discussion focuses on significant changes in the administration of mining law between the Bush Administration and the Clinton Administration. The panel will address two significant Solicitor's Opinions regarding the use of mining claims and mill sites authored by former Solicitor John Leshy and rescinded by the current Administration and how the fallout from these opinions will guide how mining claims on federal land are administered.

Moderator:
Cynthia M. Chandley, Shareholder, Ryley Carlock & Applewhite, Phoenix, AZ

Panelists:
Jim Butler, Parsons Behle & Latimer, Reno, NV
Robert Comer, Regional Solicitor, U.S. Department of the Interior, Lakewood, CO
John D. Leshy, University of California Hastings College of Law, San Francisco, CA

7:00 a.m. – 8:30 a.m.
Regulation of Nanotechnology: Size Does Matter (*Ticketed Function)

Nanotechnology has the potential to change and improve many sectors of American industry, ranging from consumer products to health care to transportation, energy and agriculture. The question being asked is whether we have the regulatory tools to determine if nanoscale materials are safe and, if not, to regulate their use. Join this seminar and engage in a lively discussion on this new age regulatory issue.
*Participation in the session is complimentary. However, attendance is limited to 50 guests. Tickets are allocated on a first come, first served basis.

Moderator:
Frederick R. Anderson, Partner, McKenna Long & Aldridge LLP, Washington, DC

Panelists:
Jennifer Sass, Ph.D., Natural Resources Defense Council, Washington, DC
Jim Willis, Director, Chemical Control Division, Office of Pollution Prevention and Toxic Substances, U.S. Environmental Protection Agency, Washington, DC

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8:30 a.m. – 10:00 a.m.
More Wading Into Muddied Waters: The Supreme Court's Interpretations of CWA Jurisdiction
In cases heard during the spring 2006 term of the U.S. Supreme Court, the Court issued opinions on two important Clean Water Act cases - one exploring the limits of federal agency jurisdiction to require permits for various activities under CWA §404 (Rapanos v. U.S. and Carabell v. Army Corps of Engineers) and another involving the limits of state authority under CWA §401 (S.D. Warren Co. v. Maine Bd. of Environmental Protection) all of which may have impacts upon NPDES permitting under CWA §402. This panel will reflect on these decisions and what they mean for Clean Water Act practice. The discussion will include related Clean Water Act constitutional issues, including whether there might be new approaches to cooperative federalism and 5th amendment takings cases in light of the Supreme Court decisions, and a discussion of why the Commerce Clause Questions Presented did not receive detailed analysis as part of the holdings. Panel members will provide their perspectives regarding the legal and practical implications that these decisions have raised, including those constitutional issues that are likely to be debated in their aftermath

Moderator:
Robin Kundis Craig, Attorneys’ Title Insurance Fund Professor of Law, Florida State University College of Law, Tallahassee, FL

Panelists:
Kim D. Connolly, South Carolina School of Law, Columbia, SC
Alexandra Dapolito Dunn, National Association of Clean Water Agencies, Washington, DC
Joan Mulhern, Earthjustice, Washington, DC

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10:30 a.m. – 12:00 p.m.
Alternative Dispute Resolution Techniques for Environmental and Energy Practitioners
Using some of the country’s most contentious energy siting issues, this highly interactive roundtable discussion will focus on the general principles for stakeholder involvement and ADR currently being implemented at the country’s major energy agencies, and look at ways that ADR can lead to more effective decision-making in an environmental practice.

Moderators:
Dale Keyes, Ph.D., Senior Program Manager, U.S. Institute for Environmental Conflict Resolution, Tucson, AZ
Cherie P. Shanteau, Senior Mediator/Senior Program Manager, U.S. Institute for Environmental Conflict Resolution, Tucson, AZ

Panelists:
Francis (Chip) Cameron, Special Counsel, Agency Dispute Resolution Specialist, Office of General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
Tamar Cerafici, Sr. Consultant and Environmental Attorney, CH2M HILL, Northfield, NH
Mark C. Kalpin, Partner,WilmerHale, Boston, MA
Richard Miles, Director, Office of Administrative Litigation and the Dispute Resolution Service, Federal Energy Regulatory Commission, Washington, DC (invited)

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10:30 a.m. – 12:00 p.m.
The ABCs of Emerging Environmental Litigation Options: Aviall and CAFOS - Are Federal Statutes Making Room for State Remedies?
With the recent Supreme Court decisions in Cooper Industries Inc. v. Aviall Services Inc. altering the liability landscape in CERCLA, state law litigation remedies may emerge as the preferred claims in many cases. This could occur in a wide range of factual settings, from agricultural technologies (CAFOs, etc.) to Brownfields and cleanups that may not qualify for contribution or recovery under CERCLA after the Aviall decision. Such state claims could include: nuisance, trespass, state-Superfund statutes and other state law legal theories for hazardous waste cost recovery post-Aviall; state Brownfield laws like California's innovative Polanco Act; and other innovative state nuisance actions substituting for federal citizen suits.

Moderator and Panelist:
Asimakis (Maki) P. Iatridis, Berg Hill Greenleaf & Ruscitti LLP, Boulder, CO

Panelists:
Pat Gallagher, Director of Environmental Law, Sierra Club, San Francisco, CA
Suzanne Varco, Opper & Varco LLP, Attorneys At Law, San Diego, CA
Timothy K. Webster, Sidley Austin LLP, Washington, DC

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10:30 a.m. – 12:00 p.m.
Resources Roundtable: Hot Topics
The past year has been an exciting time in many resource law areas and this two-part panel will bring you up to date on a number of hot topics.  Expert speakers will speak in a round table format on diverse resource issues such as the use of the ESA to address climate change issues, the impact of wildfires on forest management policies, the problems associated with produced water from natural gas development, implementation of the Oceans Act and the use of marine protected areas and the new jurisprudence respecting the interface between the ESA and water rights. 

Moderator:
Denise A. Dragoo, Snell & Wilmer L.L.P., Salt Lake City, UT

Panelists:
Laura J. Beveridge, Stoel Rives LLP, Seattle, WA
Robin Kundis Craig, Attorneys’ Title Insurance Fund Professor of Law, Florida State University College of Law, Tallahassee, FL
Ramsey L. Kropf, Patrick, Miller & Kropf, P.C., Aspen, CO
Tom R. Wilmoth, Blackwell Sanders Peper Martin LLP, Lincoln, NE

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12:00 p.m. – 1:30 p.m.
Committee Get-Together Luncheon (non-CLE)
Hosted by the Section’s substantive committees, this informal lunch is your unique opportunity to meet and network with other meeting attendees who share your practice area. Everyone is invited to participate.

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1:30 p.m. – 3:00 p.m.
(Part II) Anatomy of an Environmental Jury
Highlights from the jury’s deliberations after the mini-trial in Part I will be shown during the first part of this session and members of the “jury” will thereafter respond to questions from speakers and the audience as to their deliberations and “verdict” rationale.

Facilitator:
Kenneth H. Mack, Fox Rothschild LLP, Princeton, NJ

Presentation Team:
James A. Bruen, Farella Braun & Martel LLP, San Francisco, CA
Louisa S. Porter, U.S. District Court, So. District, San Diego, CA
V. Hale Starr, Starr Litigation Services, Founder, Scottsdale, AZ
Donald W. Stever, Kirkpatrick & Lockhart Nicholson Graham LLP, New York, NY

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1:30 p.m. – 3:00 p.m.
(Part II) Deal or No Deal: Brownfields Transactional Issues from the Redeveloper's Perspective
This panel will focus on the types of issues that developers face in redeveloping contaminated urban land, particularly when they want to change the existing land use to a higher and better use. This role play program will address a variety of issues, ranging from complying with the All Appropriate Inquiries (AAI) rule, understanding continuing care obligations, the role of grants and other financial incentives, environmental indemnities and escrowed cleanup funds, vapor intrusion concerns, institutional controls, environmental insurance, and similar transactional issues.

Moderator:
Richard J. Ericsson, Farer Fersko, PA, Westfield, NJ

Panelists:
Seth A. Davis, Elias Group, Rye, NY
Gene P. Devine, JCH Insurance Brokers, Rockville Centre, NY
James Redwine, The Shaw Group Inc., Baton Rouge, LA
Lawrence Schnapf, Schulte Roth & Zabel, New York, NY

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1:30 p.m. – 3:00 p.m.
States Stepping Out To Regulate Greenhouse Gas Emissions
Despite reluctance of the U.S. Congress to enact federal mandatory climate change legislation, several major states are moving forward with their own regulatory programs for power plants and motor vehicles. Both Democratic and Republican Governors from the west and east coasts are leading these efforts. Further, some states are working on multi-state initiatives. Most of these efforts contemplate greenhouse gas emissions trading systems, which could lead to a more robust U.S. trading market. In addition, some state officials have suggested linking their state program with programs developed in other countries under the Kyoto Protocol. This panel will explore what these states are doing, how it may impact your clients, and what it means for the evolution of climate change policy in the United States. Examples include the seven state greenhouse gas initiatives in the northeast and California's motor vehicle emission standards which have already been adopted by upwards of a dozen other states.

Moderator:
Franz Litz, Climate Change Policy Coordinator, New York Department of Environmental Conservation, Albany, NY

Panelists:
Stephen Owens, Director, Arizona Department of Environmental Quality, Phoenix, AZ
Chuck Shulock, Program Manager for Greenhouse Gas Reduction, California Air Resources Board, Sacramento, CA

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3:30 p.m. – 5:30 p.m.
Ethics Session (credit is applied for)
HELP! - Counsel in Crisis!!
Whether an emergency is caused by an Act of God, an accident or the deliberate act of an individual, there are ethical and legal considerations and difficult judgment calls counsel must make on a very accelerated timeline: What do you advise your client about public statements? What are the limitations to the public statements by the counsel for the company? What advice do you have for minimizing company liability and what factors do you consider? What role should the company play in connection with the inevitable investigation? What options do you have if your client fails to heed your advice on a key matter with serious legal consequences for the company? What do you say to whom? Your client looks to you for wise and calm counsel. Are you ready? Join this panel in a hypothetical journey through an explosion at a mine and the attorney for the mining company’s efforts to navigate through the Rules of Professional Conduct.

Moderator:
Arden E. Shenker, Shenker & Bonaparte, LLP, Portland, OR

Panelists:
Laura E. Beverage, Jackson Kelly PLLC, Denver, CO
Ed McIntyre, Solomon Ward Seidenwurm & Smith, LLP, San Diego, CA
Susan M. Ponce, Halliburton Company, Houston, TX

8:00 a.m. – 9:30 a.m.
State Bar Section Representatives Meeting (non-CLE)
The Section's Committee on State and Regional Environmental Cooperation's major emphasis is providing a forum for the sharing of ideas and common concerns among the environmental and natural resources sections in state and regional bar associations across the country. The Committee sponsors the State Bar Idea Exchange at each Section Fall Meeting to serve as a forum to share ideas with leaders of state and local bar associations. Past participants have gained insight on CLE programs, public service ideas, publications and other valuable information that they were able to use with their organizations. You may participate in this dialogue either in person at the Section Fall Meeting or via teleconference. To sign up for teleconference participation, please contact the Section office at (312) 988-5724.

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8:00 a.m. – 10:00 a.m.
Practice Development: Is Your Future a Field of Dreams or The Matrix?
How can lawyers have a long term fulfilling and profitable law practice in environmental, energy and resources law? What do we need to know today to reach that goal? Experienced practitioners in the government, a company, and a national law firm will discuss where they believe opportunities for such a practice will exist. They will review how you can position yourself for such a practice and who you can expect to be your clients. After we hear from our panelists the attendees will continue in small group discussions in order to present collective ideas to the entire group.

Moderators:
Sara M. Burgin, Baker Botts L.L.P., Austin, TX
Charles S. Carter, Troutman Sanders LLP, Raleigh, NC

Panelists:
Douglas P. Carstens, Chatten-Brown & Carstens, Santa Monica, CA
Daniel W. Kemp, Progress Energy Service Co, Raleigh, NC
Charles Wehland, Jones Day, Chicago, IL

Gold
Poliakoff & Associates, P.A.

Law Firm
Latham & Watkins LLP