8:00 a.m. – 1:00 p.m.
“Day of Service” – Section Public Service Project (off-site/non-CLE)

The Public Service Task Force and Section member volunteers will team up with Earth Force (a nonprofit organization dedicated to engaging youth as active environmental stewards) and 140 Pittsburgh school children to identify, problem solve and develop action plans for environmental issues facing the school community. Following panel discussions of environmental issues and laws, Section members will lead smaller breakout groups of students in hands-on activities and presentations. This service project will take place on Wednesday September 26, 2007 from 8:00 a.m. to 1:00 p.m. Lunch will be provided. If you would like to volunteer to participate in the project or have further questions, please contact Scott Sachs at ssachs@aalrr.com or (562) 653-3200.

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 7:00 a.m. – 8:00 a.m.
(*Ticketed Event) Canada-U.S. Cooperation on Transboundary Environmental Risks

Canada and the U.S. will continue to play major roles in establishing international law governing transboundary liability for biotech crops. This session will focus on U.S. and Canadian decisions concerning environmental impacts of biotech crops and pending negotiations over the Biosafety Protocol, including efforts to define "harm" to biodiversity from genetically modified crops. Speakers from both sides of the border will address this timely issue, where Biosafety Protocol Parties are working in “Technical Expert Group” meetings throughout 2007.

Moderator:
Stanley H. Abramson, Arent Fox LLP, Washington, DC

Speakers:
Stan Benda, Senior Counsel, Department of Justice (Canada), Regulatory Section, Ontario Regional Office, Toronto, ON
Nancy S. Bryson, Venable LLP, Washington, DC

7:00 a.m. - 8:00 a.m.
(*Ticketed Event) Breakfast with the Enforcer

Granta Y. Nakayama, Assistant Administrator, Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, will wake us up with a discussion of current topics in environmental enforcement.

8:00 a.m. – 10:00 a.m.
Meeting Our Energy Challenges Head On – A Complex Mosaic of Solutions
Keynote Address and Plenary Session

Secretary Kathleen McGinty's Keynote Address will focus on the critical nexus between energy and environmental issues. Pennsylvania is widely recognized as a microcosm of the nation, and Secretary McGinty's Address will set the stage for a forward-looking, thought-provoking conference. Her Address will be followed by a panel of distinguished speakers who will elaborate on how they are addressing future energy challenges utilizing a mix of conventional and alternative energy solutions.

Secretary Kathleen A. McGinty, Pennsylvania Department of Environmental Protection, Harrisburg, PA

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

Speakers:
Vincent P. Duane, General Counsel, PJM Interconnection, LLC, Valley Forge, PA
Peter C. Fusaro, Chairman, Global Change Associates and Co-principal, Energy Hedge Fund Center LLC, New York, NY
Elizabeth Anne “Betsy” Moler, Executive Vice President, Government and Environmental Affairs and Public Policy, Exelon Corporation, Washington, DC

10:30 a.m. – 12:00 p.m.
Evolving Issues in Eastern Water Law
Water law issues in the east are evolving rapidly, on the state, national and international level. This “evolving issues” panel will examine key issues including (1) disputes on how to harmonize disparate common law doctrines and statutory schemes governing surface and ground water use; (2) when and how the public trust doctrine applies to water withdrawal management and use; (3) attempts by some states and regions to bar out of basin diversions through compact enactments, and how such efforts fit with traditional commerce clause analysis, international trade agreements, and national public policy; and (4) the opportunities, impediments, economics and legal issues associated with desalinization and water reuse/reclamation technologies.

Moderator:
Jeremy N. Jungreis, Of Counsel, Nossaman, Guther, Knox and Elliott, Irvine, CA

Speakers:
Robin Kundis Craig, J.D., Ph.D., M.A., Attorneys’ Title Insurance Fund Professor of Law, Florida State University College of Law, Tallahassee, FL
Edward P. de la Parte, Jr., de la Parte and Gilbert, P.A., Tampa FL
Mary C. Erickson, Great Lakes Attorney and Advocate, National Wildlife Federation, Ann Arbor, MI
R. Timothy Weston, K&L Gates, Harrisburg, PA

10:30 a.m. – 12:00 p.m.
Think Globally, Act Locally: The Proliferation of State and Local Toxics Regulations
The proliferation of state and local laws and ordinances intended to regulate chemical substances reflects a growing trend that takes the “Think Globally, Act Locally” adage to new heights. Initiatives addressing chemical materials increased sharply in 2006, from the Berkeley, California ordinance addressing nanomaterials, to measures state intended to limit more conventional substances. Faced with a growing number of innovative commercial restrictions (such as Wal Mart’s Preferred Chemical Principles) intended to stimulate product reformulation and/or product substitution, chemical product manufacturers are challenged to market prudently and effectively their chemical products. This session will explore these emerging business practices and standards, their origin, proliferation, and impacts, and discuss the role that federal laws and standards may play in preempting, limiting, or otherwise affecting these business practices.

Moderator:
Lynn L. Bergeson, Managing Director, Bergeson & Campbell, P.C., Washington, DC

Speakers:
Sarah H. Brozena, Senior Director, Regulatory and Technical Affairs , American Chemistry Council, Arlington, VA
Daryl Ditz, Senior Policy Advisor (Chemicals Program), Center for International Environmental Law, Washington, DC
Kyle L. Holifield, Director, Product Compliance & Safety, Wal-Mart Stores, Inc., Bentonville, AR

10:30 a.m. – 12:00 p.m.
It’s Getting Hot in Here: Global Warming and the Courts
Over a dozen cases filed by individuals, environmental groups, and government entities based on a variety of global warming related legal theories are currently pending against a variety of industries, states and federal government agencies. This session will examine the current wave of global warming lawsuits and their common legal and policy issues, focusing on the judiciary’s proper role in the global warming debate. The panel will bring together diverse views from practitioners and advocacy groups, industry, and policy-makers to consider whether the current litigation in state and federal courts is the proper way to address broad social and political issues like global warming.

Moderator:
James R. May, Professor of Law, Widener Law School, Wilmington, DE

Speakers:
Kathleen M. Hennessey, Senior Environmental Counsel, Daimler-Chrysler Company, Auburn Hills, MI
F. Gerald Maples, Attorney, New Orleans, LA
Karl R. Moor, Vice-President and Associate General Counsel, Southern Company Services, Atlanta, GA

10:30 a.m. – 12:00 p.m.
Reviving the Nuclear Power Option: How I Learned to Stop Worrying and Love the Atom
The nuclear power option is seriously being reexamined as an important technology option for addressing energy security and independence, climate change, and improving the balance of trade and economic security. New nuclear plant technology and availability of fuel does not address public concerns about waste storage, nuclear fuel re-processing, accidents, fuel processing, and financing.  This session will attempt to de-mystify the "nuclear renaissance," and highlight practice opportunities in all facets of its revival.

Moderator:
Tamar Jergesen Cerafici, Ballard Spahr Andrews & Ingersol, Philadelphia, PA

Speakers:
Agnes P. Dover, Hogan & Hartson, LLP, Washington, DC
Marilyn Kray, Exelon Generation, Kennett Square, PA
Richard J. Pierce, Jr., Lyle T. Alverson Professor of Law, George Washington University School of Law, Washington, DC

12:00 p.m. – 12:30 p.m.
Luncheon

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

The Bureau of National Affairs (BNA)
Climate Change: New Tools for Legal Researchers Finding Information at International, National, and State Levels
The rapidly evolving law of climate change requires monitoring of various states or provinces, nations and international law. BNA has new research tools to assist attorneys in keeping abreast of the law of climate change, which it will profile in this session. These tools apply in other settings too, making this session a must-see for practicing attorneys.

Exponent
Assessing Environmental Liabilities of International Legacy Operations
The growing number of allegations of environmental damage and health effects associated with decades old industry operations in developing countries are specific as to country, habitat, industry, and chemicals. They may arise as part of ecological and property damage claims, class action toxic tort claims, and expropriation-based environmental counterclaims. However, in assessing damages from these legacy operations, scientific investigations in support of legal strategy have many common elements. Assessments must take into account changes in historical operations and regulations over time yet apply current, acceptable methodologies to the assessment process. This roundtable will discuss some of these common elements and challenges as they may be applied to a varied set of issues.

Zurich
Environmental Insurance Claims Experience: What’s Old, What’s New, What’s Coming
The insurance industry is unique in its ability to observe actual and emerging liability trends. The environmental liability data available to the industry is generally incomplete, but evaluation of experience can suggest useful observations. Zurich presents its experience together with publicly available industry information regarding loss experience. For nearly three decades (a relatively new market) environmental insurance has been offered. It continues to evolve rapidly from limited “gap” coverage following introduction of the pollution exclusion in the 1970s to specialty coverages addressing legal liabilities of owners and operators of industrial facilities, including lenders, creditors and other potentially liable parties. The presentation will provide a high level summary level of environmental insurance experience.

2:00 p.m. – 3:30 p.m.
Private Rights, Public Resources
With legislation ranging from the reauthorization of the Magnuson-Stevens Fisheries Conservation and Management Act to new law on challenges to national monument creation under the Antiquities Act, congress and courts are faced with a host of choices and challenges in this area. This panel will review recent developments balancing resource conservation with private rights in a variety of contexts. Panelists will discuss the many challenges presented, from a legislative and policy perspective, ranging from over-fishing concerns to oil and gas development, from protection of marine endangered species to ecotourism, and from protection of fisheries and national monuments to the need for new energy sources.

Moderator:
Robin Kundis Craig, J.D., Ph.D., M.A., Attorneys’ Title Insurance Fund Professor of Law, Florida State University College of Law, Tallahassee, FL

Speakers:
David Allison, Campaign Director, Oceana, Inc., Washington, DC
Elena C. Daly, Director, National Landscape Conservation System, Bureau of Land Management, Washington, DC
William G. Myers III, Holland & Hart LLP, Boise, ID

2:00 p.m. – 3:30 p.m.
Contaminated Sediments:  Challenges from Megasites to Brownfield Redevelopment
Environmental attorneys and developers throughout the U.S. increasingly confront challenges posed by sediment contamination from smaller brownfields properties to billion dollar U.S. EPA mega-sites.  This panel will use a role play to explore a range of emerging issues associated with sediment contamination with an emphasis on brownfields sites. Issues include strategies for negotiating sediment issues with the government, the state of the science, available and emerging remedial alternatives, conflicting guidance documents, natural resource damages, how to make decisions in light of the immature state of the science of eco-risk and human health risk for sediments, and how to manage the potentially massive costs associated with sediment problems.

Moderator:
John M. Heyde, Sidley Austin LLP, Chicago, IL

Speakers:
Jane Harris, Executive Director, Oregon Center for Environmental Health, Portland, OR
George L. Hicks, Regional Director, Ports, Harbors and Waterways, Shaw Environmental, Inc., Chicago, IL
John Lyons, Office of Regional Counsel, U.S. Environmental Protection Agency, Region 9, San Francisco, CA

2:00 p.m. – 3:30 p.m.
Everything You Wanted to Know About Practicing Before EPA’s Administrative Law Judges But Were Afraid to Ask
The session provides an inside view of the practice before EPA's Office of Administrative Law Judges and of the Environmental Appeals Board. Panelists will highlight key process and procedures used by the Office of Administrative Law judges and Environmental Appeals Board. The panel will also provide insights into how to become a more effective advocate before these tribunals by identifying top practice tips and pratfalls.

Moderator:
James McDonald, Director, Management Operations, Office of the Administrative Law Judges, U.S. Environmental Protection Agency, Washington, DC

Speakers:
Hon. Susan L. Biro, Chief Administrative Law Judge, U.S. Environmental Protection Agency, Washington, DC
Hon. Scott C. Fulton, Environmental Appeals Board Judge, U.S. Environmental Protection Agency, Washington, DC
Mark Ryan, Senior Environmental Enforcement Attorney, U.S. Environmental Protection Agency, Region 8, Seattle, WA

4:00 p.m. – 5:30 p.m.
Nanotech Risk Management
Nanotechnology is a new science in which conventional materials are engineered down to one-billionth of a meter to give them new advantageous properties. Nanotech has given birth to a multibillion dollar industry, with nanotech applications being incorporated into a diverse range of products such as cosmetics, sunscreens, pesticides, semiconductors, paints, and "smart" fabrics. Some observers, however, fear that as-yet unidentified risks associated with nanoscale materials may expose nanotech companies to product liability litigation. In this panel presentation, risk management experts from industry, private law firms and government will share thoughts on emerging best practices for addressing product liability risks and evaluating the applicability of SEC disclosure obligations to the discovery of risks posed by nanotechnology products.

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

Speakers:
Patricia K. Casano, Counsel, Environmental Legislative and Regulatory Affairs, General Electric Company, Washington, DC
Scott D. Deatherage, Thompson & Knight LLP, Dallas, TX
Mary Ellen Ternes, McAfee & Taft, P.C., Oklahoma City, OK

4:00 p.m. – 5:30 p.m.
Resolution of Intermunicipal Disputes in the Implementation of Sanitary Sewer Overflow Abatement Projects
The resolution of environmental disputes among governmental entities are often made more complex by socioeconomic, political and organization factors. As a paradigm, this panel will focus on the challenges of a court-ordered sanitary sewer overflow abatement program in metropolitan Pittsburgh which requires action by the City of Pittsburgh, 82 suburban municipalities and the Allegheny County Sanitary Authority. Panelists will discuss the legal and historical background of the federal consent decree; the nature and extent of intermunicipal collaboration to date; and potentially applicable dispute resolution approaches that can be employed to foster collaboration, reduce conflict, and efficiently resolve disputes.

Moderator:
John W. Ubinger, Jr., Jones Day, Pittsburgh, PA  

Speakers:
John G. Bickerman, Bickerman Dispute Resolution, PLLC, Washington, DC
Kevin J. Garber, Babst, Calland, Clements and Zomnir, P.C., Pittsburgh, PA
Timothy J. Rogers, Township Manager, Town of Shaler, Glenshaw, PA
John W. Schombert, Executive Director, 3 Rivers Wet Weather Inc., Pittsburgh, PA

4:00 p.m. – 5:30 p.m.
Regulatory and Market Mechanisms to Reduce Greenhouse Gas Emissions
There are a number of emerging regimes in the U.S. for regulating greenhouse gases, including the California program, the Regional Greenhouse Gas Initiative of the Northeastern states, and Kyoto. The panel will provide an overview of the emerging regimes and discuss the California Global Warming Solutions Act of 2005, the California Climate Action Registry, and cap and trade experience with the Regional Clean Air Incentives Market established by the South Coast Air Quality Management District. The panel will then focus on how regulatory incentives and market mechanisms have influenced the structure of the Dine Wind Power Project on the Navajo Reservation.

Moderator:
Laura H. Kosloff, Senior Counsel, EcoSecurities Consulting Limited, Portland, OR

Speakers:
Professor Steven Ferrey, Suffolk University Law School, Boston, MA
Peter Hsiao, Morrison & Foerster, LLP, Los Angeles, CA
Douglas C. MacCourt, Ater Wynne LLP, Portland, OR

5:30 p.m. – 6:30 p.m.
State and Regional Idea Exchange (non-CLE)
The Section's Committee on State and Regional Environmental Cooperation provides a forum for the sharing of ideas among EPA Regions, state environmental agencies and the environmental sections of  state bar associations  across the country. The Committee sponsors the Idea Exchange at each Section Fall Meeting to serve as a forum to share ideas with leaders of these groups. Past discussions have included topics and concepts for regional CLE programs, public service ideas, publications and other valuable information. If you are involved in the leadership of a state bar association or work for an EPA Region or state environmental agency, this Idea Exchange is a place for you to get more involved with the ABA SEER. 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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7:30 a.m. – 8:30 a.m.
(*Ticketed Event) Business Issues and Nano: Something to Chew Over
The business community has been challenged to develop new and innovative ways to address safe introduction of nanotechnology into a wide array of products. Working collaboratively with the EPA, NIOSH, and other federal and state agencies, industry groups are seeking to communicate more openly and effectively on how they are identifying and managing potential risks that may be associated with engineered nanoscale substances. This discussion will focus on what several key companies are doing in product stewardship, how they are pursuing responsible development of nanotechnology, what they are doing differently to address the challenges posed by this emerging technology and what institutional challenges they confront in the month and years ahead. 

Moderator:
Lynn L. Bergeson, Managing Director, Bergeson & Campbell, P.C., Washington, DC

Speakers:
Mark N. Duvall, Managing Counsel, The Dow Chemical Company, Midland, MI
Kimberly R. Kipin-McDonald, Product Safety & Regulatory Affairs, Bayer MaterialScience LLC, Pittsburgh, PA
Paul D. Ziegler, Chair, Nanotechnology Panel, American Chemistry Council, Arlington, VA

8:30 a.m. – 10:00 a.m.
Plenary Session: Environmental Law in the Supreme Court - How Well Does the Court Handle Complex Issues of Regulatory Authority?
Under the U.S. constitution, the Supreme Court is charged with providing the “final answer” when difficult questions arise regarding the scope of regulatory authority over, inter alia, land use, endangered species and clean water. A brief review of recent cases, as well as certain new cases granted certiorari this year, suggests that the Court finds it difficult to reach definitive answers in these complex areas of law. Using examples from recently decided environmental law cases and the Lucas line of takings cases, panelists will investigate the role the Supreme Court has played in resolving environmental and property rights questions, what may be inherent limitations in the Court’s ability to resolve such questions, and other routes to relief—including state statutory and constitutional initiatives--that putative litigants have sought in order to further particular positions.

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

Speakers:
John C. Cruden, Deputy Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC
Holly D. Doremus, Professor of Law, U.C. Davis School of Law, Davis, CA
Robert Percival, Professor of Law, University of Maryland School of Law, Baltimore, MD

10:30 a.m. – 12:00 p.m.
Biofuels and Biotechnology – Exploring Regulatory and Liability Barriers to Sustainable Renewable Energy Sources
Biotech crops that can be used as renewable fuel sources, such as corn or switch grass that can be used to feed ethanol plants, face regulatory and liability barriers to their development and successful commercialization. Panelists will discuss the U.S. and international regulatory approval process, regulatory risks facing biotech crops, and the potential third party liability issues, such as the threat of class action litigation seeking compensation for lost markets following biotech commingling incidents. The panel will discuss how product stewardship and advance planning can help overcome the liability and regulatory barriers-to-entry faced by biotech-enhanced crops.

Moderator:
Edna R. Sussman, Hoguet Newman Regal & Kenney, LLP, New York, NY

Speakers:
Bryan Endres, Assistant Professor, Department of Agricultural and Consumer Economics, University of Illinois, Urbana-Champaign, Urbana, IL
DaNita Murray, Director of Public Policy, National Corn Growers Association, Washington, DC
Martha Noble, Sustainable Agriculture Coalition, Washington, DC

10:30 a.m. – 12:00 p.m.
Environmental Liability Transfer Brownfields Program
A relatively new technique to address sellers' concerns about selling contaminated property is to structure the deal as an environmental liability transfer. Environmental liability transfer firms are frequently ready and willing to accept complete responsibility for the environmental issues on a site. But you need to read the contract’s fine print. Environmental insurance also typically plays an important role in these deals. This session will discuss the typical components of an environmental liability transfer deal; what to look out for in the contract; the relationship between end use and the remediation end point; the potential role of institutional controls; and what types of insurance are potentially available to help seal the deal.

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

Speakers:
Jon Brooks, Phillips Nizer LLP, Garden City, NY
Jill A. Gaito, Deputy Secretary, Community Revitalization and Local Government Support, Pennsylvania Department of the Environment, Harrisburg, PA (formerly with Gannett Fleming and TerraSure)
Michael McCartney, Vice President and General Counsel, Commercial Development Co., Inc., St. Louis, MO
Richard Sheldon, Willis North America, Radnor, PA

10:30 a.m. – 12:00 p.m.
Homeland Security and Critical Infrastructure Protection: the Chemical Sector and Beyond
A panel of recognized experts and leaders representing government and industry will discuss homeland security and critical infrastructure. The panel will place particular focus on the nexus of homeland security with chemical sector infrastructure, hazardous materials, and the environment. This session will also address the recently promulgated Chemical Facility Anti-Terrorism Standards (CFATS), liability protection, the SAFETY Act, protection of critical infrastructure, and vulnerability information and security efforts by DHS, EPA, and the private sector regarding chemical facilities and chemical transportation.

Moderator:
Ava Harter, The Dow Chemical Company, Midland, MI

Speakers:
Gus P. Coldebella, Acting General Counsel, U.S. Department of Homeland Security, Washington, DC
Mary Kay Lynch, Assistant General Counsel, U.S. Environmental Protection Agency, Washington, DC
Joe D. Whitley, Alston & Bird LLP, Washington, DC

10:30 a.m. – 12:00 p.m.
Hot Issues in Air:  A Permitting Case Study
Permitting of ethanol plants can raise a myriad of current hot issues under the Clean Air Act. Using role playing, a range of topics will be discussed in the context of a permitting case study, a proposed modification to a coal fired, fuel-grade ethanol plant subject to NSR, NSPS, NESHAP and Title V. The permit also raises SOCMI, residual risk, co-location and PM/VOC fugitive issues.  The discussion will touch upon NSR issues from Duke Power, permitting issues from NYPIRG, as well as CO2, climate change and coal fuel issues from the early 2007 TXU permit debates in Texas, NAAQS, "once in always in," and Section 112 residual risk.  Peripheral issues, including the use of non-cellulosic corn, water rights, CO2 imbalances in producing/using ethanol as fuel, coal-fired boiler pollution control and carbon sequestration will also be discussed.

Moderator:
David M. Friedland, Beveridge & Diamond, P.C., Washington, DC
Speakers:
Lynn Hutchinson, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Washington, DC
Adan Schwartz, Bay Area Air Quality Management, San Francisco, CA
Patrice L. Simms, Natural Resources Defense Council, Washington, DC
Mary Ellen Ternes, McAfee & Taft, P.C., Oklahoma City, OK

1:30 p.m. – 3:00 p.m.
Brownfields: Getting the Deal "Done"
Brownfields transactions have been occurring for more than a decade now. Some transactions move forward smoothly, while others do not. These differences are the result, at least in part, of differences in states' voluntary cleanup programs. Why are some state voluntary cleanup programs more successful than others? What practices can lawyers encourage their state legislatures or agencies to adopt that are working well elsewhere? This panel of experienced brownfields practitioners will discuss what is working well, and what is not, and how brownfields programs can continue to evolve to facilitate economic redevelopment of underutilized or abandoned sites, while protecting human health or the environment.

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

Speakers:
Jorge Berkowitz, Langan Engineering & Environmental Services, Trenton, NJ
Jill A. Gaito, Deputy Secretary, Community Revitalization and Local Government Support, Pennsylvania Department of the Environment, Harrisburg, PA (formerly with Gannett Fleming and TerraSure)
Jay Pendergrass, Co-Director, Brownfields Center, Environmental Law Institute, Washington, DC
Harry R. Weiss, Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia, PA

1:30 p.m. – 3:00 p.m.
Congress and You – Upcoming Legislation
The 110th Congress will consider important environmental, energy, and resource issues in 2007-2008. Learn about these issues,  congressional activity to address them, plus how new legislation can affect you and your clients, all from speakers extensively involved in congressional activities and familiar with who’s who in Washington, D.C. Come with your questions for an active colloquy following the speakers’ presentations.

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

Speakers:
David T. Crow, President, DC Legislative and Regulatory Services, Inc., Washington, DC
R. Larson Frisby, Senior Legislative Counsel, Governmental Affairs Office, American Bar Association, Washington, DC
Dena E. Wiggins, Sutherland, Asbill & Brennan LLP, Washington DC

1:30 p.m. – 3:00 p.m.
Biotech Meets Nanotech Down on the Farm -- A Mock Public Hearing to Explore 21st Century Permitting Issues
A mock public hearing will be conducted and a decision rendered by the presiding judge regarding a permit application involving a farm and concentrated animal feeding operation (CAFO) that seeks to expand its operations by using as feedstock a genetically modified corn designed to reduce phosphorus and nitrogen output, while utilizing a nanotech particulate to remove toxics from the CAFO waste. This session will present stakeholders’ views and present a realistic example of the complicated issues and varying viewpoints that often arise in communities where novel technologies have both potential environmental benefits and risks.

Moderator:
Daniel M. Krainin, Beveridge & Diamond, P.C., New York, NY  

Panelists:
James H. Andreasen, Shook, Hardy & Bacon, Kansas City, MO
John C. Becker, Professor of Agricultural Economics and Law, The Pennsylvania State University, University Park, PA
Hon. Michelle A. Coleman, Pennsylvania Environmental Hearing Board, Harrisburg, PA
Jane Earley, Director, Center for Conservation Innovation, World Wildlife Fund - United States, Washington, DC
Kirsten L. Nathanson, Crowell & Moring LLP, Washington, DC
Christine G. Zeman, Hodge Dwyer Zeman, Springfield, IL

1:30 p.m. – 3:00 p.m.
Resources Hot Topics
This panel will canvass various hot topics in the natural resources law area, including new developments in sustainable mining requirements, an analysis of the new Forest Planning Rules, an update on the implementation of the 2005 Energy Policy Act and a summary of some of the permitting obstacles facing the Alaska Natural Gas Pipeline Project.

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

Speakers:
Robert D. Comer, Regional Solicitor, U.S. Department of the Interior, Lakewood, CO
Kim Harb, Director, Policy and Government Affairs, National Ocean Industries Association, Washington, DC
Marcelle Shoop, Federal Government Affairs, Rio Tinto, Washington, DC
James J. Ustasiewski, U.S. Department of Agriculture, Juneau, AK

3:30 p.m. – 5:30 p.m.
The Ethical Lawyer: Rules and Responsibilities in a Multi Jurisdictional Practice World- Avoiding the Gong! (Ethics credit applied for)
The growth of the virtual law office, the expansion of mega law firms and our increasingly mobile and virtual society challenges today’s attorney compliance with the Rules of Professional Responsibility regarding multi-jurisdictional practice. Join in this interactive session to explore the MJP requirements as applied to real life examples of situations where even the brightest lawyers may find themselves violating the Rules of Professional Conduct. You decide the proper course of conduct and avoid the gong!

Moderator:
Thomas M. Skove, Roetzel & Andress, L.P.A., Cleveland, OH

Speakers:
Peggy Love, Deputy Ethics Official, Office of General Counsel, U.S. Environmental Protection Agency, Washington, DC
Thomas Ross, Professor of Law, University of Pittsburgh School of Law, Pittsburgh, PA

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8:00 a.m. - 10:00 a.m.
Practice Development at the Beginning - Applying Your Energy and Resources to Create Your Practice Environment (non-CLE)
You are a new partner in a law firm or you have just left an environmental agency or you are starting your own “boutique” practice. You have developed some clients in environmental law, energy law and/or resources law. But, how do you develop enough clients to have a viable practice in these fields? Three attorneys and a professional development expert will explore what works and what does not work.

Moderator:
James R. (Jim) Arnold, The Arnold Law Practice, San Francisco, CA

Speakers:
Joseph M. Dawley, Bowles Rice McDavid Graff & Love, LLP, Morgantown, WV
Mary C. Hendrix, Director of Business Development, Greenebaum Doll & McDonald, PLLC, Louisville, KY
Emily L. Won, K&L Gates, Newark, NJ

10:00 a.m. – 12:00 p.m.
Practice Development Mid-Career - Resources to Recharge Your Energy and Enhance Your Environment (non-CLE)
You know the law.   Now, how do you manage the business of your career?  Listen to in-house counsel from large corporations who will discuss how they decide what outside counsel to use and how they manage outside counsel.  Listen, too, as an expert discusses the client relationship/business development skills needed to succeed in the attorney marketplace.

Moderator:
Sara M. Burgin, Baker Botts L.L.P., Austin, TX

Speakers:
Mary C. Hendrix, Director of Business Development, Greenebaum Doll & McDonald, PLLC, Louisville, KY
Carol Lear, Senior Counsel, Chevron Corporation, Houston, TX
Robert D. Sloan, General Counsel and Secretary, Entergy Corporation, New Orleans, LA

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