9:00 a.m. – 1:00 p.m.
Public Service Project (Offsite, non-CLE)
Global Warming and Community Development: Science and Public Policy for Future Tribal Leaders (non-CLE)
A mock public hearing on global warming and community development will be staged at the Salt River Pima-Maricopa Indian Community High School. Students will play roles of various stakeholders groups making presentations to the Tribal Council, also portrayed by students. Section members will help the students prepare their presentations. Each stakeholder group will be provided with an information package on a different aspect of the issue. The hearing will explore the range of policies that tribal governments can pursue, in light of the kinds of impacts likely to affect tribal communities; the examples of policies being adopted by states and local governments; and the challenges and opportunities for achieving sustainable economic development while helping to reduce greenhouse gas emissions. If you would like to volunteer to participate in the project or have further questions, please contact Dean B. Suagee at dsuagee@hobbsstraus.com or Scott J. Sachs at ssachs@aalrr.com.

Top

7:00 a.m. – 8:00 a.m.
Breakfast Panel: A Greening of the White House? What to Expect in 2009 Regardless of Who Wins—A Conversation for People of All Stripes (non-CLE, Ticketed Event)
Contrary to media reports, as far as toxics law and policy, the Bush administration has been in many respects as tough as any Democratic administration. On other issues, however, including climate change, Endangered Species Act, and air and water matters, historic party differences have been more pronounced. This breakfast session offers a spirited discussion between two veteran Washington insiders and will forecast how a number of key environmental and energy legislative and policy issues expected to be front and center in 2009 and beyond will evolve, be framed (politically), and be managed, regardless of who wins in November.

Moderator:
Mark N. Duvall, Managing Counsel, The Dow Chemical Company, Midland, MI

Speakers:
James V. Aidala, Jr., Bergeson & Campbell, P.C., Washington, DC
Martin Spitzer, J.D., Ph.D., Visiting Fellow, Heinz Center for Science, Economics and the Environment, Washington, DC

8:00 a.m. – 8:10 a.m.
Welcome
Jonathan W. Kahn, Program Chair, Blake, Cassels & Graydon LLP, Toronto, ON, Canada
Claudia Rast, 2008-2009 Section Chair, Pear Sperling Eggan & Daniels, P.C., Ann Arbor, MI

8:10 a.m. – 8:45 a.m.
Keynote Address - Transparency and Public Participation in North America and Environmental Challenges
Felipe Adrián Vázquez-Gálvez, Executive Director, Commission for Environmental Cooperation, Montreal, QC, Canada
The Commission for Environmental Cooperation (CEC) is an international organization created by Canada, Mexico and the United States under the North American Agreement on Environmental Cooperation, the environmental "side agreement" to North American Free Trade Agreement (NAFTA). The CEC was established to address regional environmental concerns, help prevent potential trade and environmental conflicts, and to promote the effective enforcement of environmental law. The Agreement complements the environmental provisions of NAFTA. Executive Director since September 2006, Mr. Vázquez brings a strong background in environmental science and enforcement to the Commission, having worked for more than 15 years in such areas as industrial air pollution, wastewater treatment, hazardous waste management, environmental audits, and occupational exposure.

9:00 a.m. – 10:15 a.m.
Plenary Session: There Will Be Water—Or Will There?
What does the law do when natural resources are stretched to the limit? In some watersheds, protection of endangered species, urban development demands, and enduring agricultural discharges have combined to push water resources to the limit. Scarce water supplies are further threatened by projected declines in snowpacks and rainfall. Climate change introduces risks of such fundamental transformation that the water system may no longer be able to provide for existing demands, let alone new demands from development.

Several important watersheds face this new set of challenges: California's Sacramento—San Joaquin Delta, the Apalachicola, Chattahoochee and Flint (ACF) basin, and the Southwest's Colorado River. Conflicts—and conflict resolution efforts—related to these resources have raged for decades and, during droughts, the legal battles have become even more intense. What tools do lawyers have within the existing legal framework to address these questions? Are these tools inadequate, outdated, or simply irrelevant? How can the legal process—and lawyers serving clients of all sorts—assist society and the environment in solving these problems? What are the implications of our legal system’s ability—or inability—to adapt for the future of resource management and environmental protection in the 21st century? These questions and more will be addressed by this panel of experts.

Moderator:
Honorable Ronald Robie, Associate Justice, California Court of Appeal, Third Appellate District, Sacramento, CA

Speakers:
James T. Banks, Hogan & Hartson LLP, Washington, DC
Denise Fort, Professor, University of New Mexico School of Law, Albuquerque, NM
W. Michael Hanemann, Chancellor's Professor, Dept. of Agricultural & Resource Economics, University of California, Berkeley, CA
Kevin M. O'Brien, Downey Brand, LLP, Sacramento, CA

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

10:30 a.m. – 12:00 p.m.
Federal Reserved Water Rights in the 21st Century: Winters at 100
Winters v. United States, 207 U.S. 564 (1908), established the doctrine that, when setting aside lands for an Indian reservation, the federal government impliedly reserves a sufficient quantity of water to fulfill the purposes of the reservation. The Winters doctrine serves as the foundation not only for most Indian water rights but also for water rights appurtenant to federal reservations such as national forests, parks, and wildlife refuges. Growing demands for western water by non-Indian and non-federal users increasingly stress the doctrine. The panel commemorates the doctrine’s importance over the past century and explores approaches for resolving 21st century tensions.

Moderator:
Lynn H. Slade, Modrall Sperling, Albuquerque, NM

Speakers:
Barbara Cosens, Associate Professor, University of Idaho College of Law, Moscow, ID
John T. Hestand, Senior Water Counsel, Office of Water Rights—Gila River Indian Community, Chandler, AZ
John B. Weldon, Jr., Salmon Lewis & Weldon, PLC, Phoenix, AZ
Jeanne S. Whiteing, Whiteing & Smith, Boulder, CO

10:30 a.m. – 12:00 p.m.
The Subprime Lending Crisis, Impending Recession, and the New Rules for Environmental Properties in Bankruptcy
The subprime mortgage crisis is pushing the country towards a recession, and contaminated properties may become assets in failed companies’ bankruptcy estates. The intersection between environmental and bankruptcy laws has always been fraught with difficulty. Since the last recession the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has become law. The Atlantic Research decision may complicate dealing with contaminated properties in bankruptcy. The panel will navigate the resolution of environmental remediation obligations and the disposition of contaminated properties, such as through sales under Bankruptcy Code § 363 and the use of post-confirmation liquidating vehicles, and will also cover recent developments in case law.

Moderator:
James M. Redwine, Senior Vice President, Shaw Environmental Liability Solutions, LLC, Baton Rouge, LA

Speakers:
Jill L. Murch, Foley & Lardner LLP, Chicago, IL
Steven J. Poplawski, Bryan Cave LLP, St. Louis, MO
Michael H. Reed, Pepper Hamilton LLP, Philadelphia, PA

10:30 a.m. – 12:00 p.m.
Biofuels vs. Food—Sustainable Energy
High energy and food prices are here, along with a new Energy Bill that gives biofuels a boost. With imported oil at over $100 per barrel, domestic biofuels production will soon exceed 36 billion bioethanol gallons, assuming CAFE standards at 35 mpg by 2020. However, while farm economists report that higher corn prices impact food prices only minimally, intensive corn production practices and biodiesel production threaten natural habitats and the long-term sustainability of particular biofuels options. The panel will examine these issues as well as look at yield improvement for existing biofuels crops and adding new options in the cellulosic arena.

Moderator:
A. Bryan Endres, Assistant Professor, Dept. of Agricultural and Consumer Economics, University of Illinois, Urbana, IL

Speakers:
Terry Francl, Senior Economist, American Farm Bureau, Washington, DC
Marc L. Kesselman, General Counsel, U.S. Dept. of Agriculture, Washington, DC
Siwa Msangi, Research Fellow, International Food Policy Research Institute, Washington, DC

10:30 a.m. – 12:00 p.m.
Meeting Electricity Needs Without Aggravating Climate Change
Load growth and aging of generation requires that industry and regulators soon make decisions on new electricity sources. These decisions are made difficult by concerns over greenhouse gas (GHG) emissions from fossil fuels, unresolved nuclear waste storage issues, and renewable technology/cost issues. The panel will review alternative responses to this challenge, including the availability and GHG effects of major fossil fuel (particularly regarding CO2 sequestration and storage), recent proposals to significantly expand nuclear generation, the role of transmission in meeting electric supply needs, and renewable technologies.

Moderator:
Walter R. Hall, II, Attorney at Law, Oakton, VA

Speakers:
Antonia “Toni” Bouchard, Renewable Energy Advisor, Arizona Public Service, Phoenix, AZ
Jolecia Marigny, Director, Safety & Environmental Services, Entergy Services, Inc., New Orleans, LA
Ray Staggers, Corporate Counsel & Secretary, Commercial & Transactional Services, American Electric Power Service Corp., Columbus, OH
Gary Stern, Director, Market Strategy & Resource Planning, Southern California Edison, Rosemead, CA

12:30 p.m. – 1:30 p.m.
Technical Roundtables
Take this opportunity to learn something new from some of the nation’s top environmental consulting firms. You will have the opportunity to listen and exchange views during two roundtable presentations of your choice.

Bureau of National Affairs, Inc. (BNA): The Business Impacts of Climate Change
Exponent: An Examination of Technical Aspects of CERCLA Apportionment
Golder Associates Inc.: Energy Project Licensing Issues
Marsh: Renewable and Alternative Energy: Being Green Has Its Risks

1:30 p.m. – 3:00 p.m.
Concurrent CLE Breakout Sessions

1:30 p.m. – 3:00 p.m.
Tribal Sacred Places and Cultural Resources on Public Land
Indian tribes regard many places outside reservation boundaries as holding religious and cultural importance. The National Historic Preservation Act requires federal agencies to consult with tribes when such places are affected by federal undertakings, though the agreements that conclude such consultation are often less than satisfactory to tribes. Federal land managers may be sued by tribes; if they seek to accommodate tribal concerns they may be sued by other stakeholders. Recent court decisions raise issues under the Religious Freedom Restoration Act and the Establishment Clause. The panel will discuss the question: Can consultation yield outcomes that agencies, tribes, public interest organizations, and industry all find acceptable?

Moderator:
Constance Rogers, Davis Graham & Stubbs LLP, Denver, CO

Speakers:
Jack Trope, Executive Director, Association on American Indian Affairs, Rockville, MD
Rebecca Tsosie, Professor, Arizona State University College of Law, Tempe, AZ

1:30 p.m. – 3:00 p.m.
Environmental Financial Disclosure Rules and Their Potential Impact on Brownfields Transactions
Find out what you need to know about FASB and SEC Disclosure Rules for Environmental Matters, including FASBs 5, 141R, 143, and 144, along with associated interpretations. The panel will also discuss recent enforcement actions of the SEC, including Ashland, ConAgra and Safety-Kleen.

Moderator:
Jon S. Brooks, Partner, Phillips Nizer LLP, New York, NY

Speakers:
Cathy Bumb, Solutia, Inc., St. Louis, MO
Kathryn Pavlovsky, Senior Manager, Deloitte Financial Advisory Services LLP, Houston, TX
C. Gregory Rogers, Guida, Slavich & Flores, P.C., Dallas, TX

1:30 p.m. – 3:00 p.m.
Natural Resource Damages Litigation in the Northwest
The Northwest has been a focal point for natural resource damages claims being pursued by federal trustees. Sites include the Hylebos and Thea Foss Waterways in Tacoma, Washington; Portland Harbor, Oregon; and the Hanford Nuclear Reservation. This session will review the new settlement model that the trustees have been using that abandons contingent valuation and monetary-based claims, and instead negotiates settlements relying on a Habitat Equivalency Analysis and using a new environmental currency called Diminished Service Acre Years. It will also explore the issues being raised at Hanford, where the federal government finds itself acting as both trustee and defendant, and the state of Washington has intervened in the litigation to ensure that its environmental interests are protected. In addition, the perspective of tribal trustees on natural resource damages issues will be discussed.

Moderator:
Stephen T. Parkinson, Groff Murphy PLLC, Seattle, WA

Speakers:
Ray Givens, Givens Law Firm, Bellevue, WA
Bill Hengemihle, Managing Director, LECG, LLC, Wayne, PA
Robert Taylor, Senior Counsel for Restoration, Office of General Counsel, National Oceanic and Atmospheric Administration (NOAA), Seattle, WA

1:30 p.m. – 3:00 p.m.
Tips and Tricks to Make Your Green Projects Grow
Federal, state, and local policies are mandating green building practices. The public, politicians, and companies are putting their greenbacks behind green building. But, just because you want to go green does not mean you’ll get green. Traditional planning, design, and construction will be inadequate to address the multitude of issues that will arise when building "green." The pitfalls will be explored and solutions offered to move from concept to construction.

Moderator:
Michael Baker, Atkinson Andelson Loya Rudd & Romo, Cerritos, CA

Speakers:
Michelle Diffenderfer, Lewis, Longman & Walker, P.A., West Palm Beach, FL
Bonnie J. Richardson, AIA, LEED A.P., Architect/Principal Planner, City of Tempe Transportation Division, Tempe, AZ
Michael Zatz, Manager, ENERGY STAR Commercial Buildings, U.S. Environmental Protection Agency, Washington, DC

3:30 p.m. – 5:00 p.m.
Concurrent CLE Breakout Sessions

3:30 p.m. – 5:00 p.m.
Clean Water Act Jurisdiction: Navigating the Quagmire
The 2006 Rapanos decision and its progeny, along with the 2007 joint EPA/Army Corps guidance, have stirred debate about the definition of “navigable waters,” especially as applied to wetlands, and its relevancy to other Clean Water Act (CWA) programs. The CWA wetland program, a.k.a. the 404 program, was also impacted by the 2007 National Association of Homebuilders ruling which examined what activities fall within the purview of “the discharge of dredged or fill material,” inter alia. In addition, EPA and the regulated community are grappling with the Supreme Court’s 2004 Miccosukee decision addressing whether CWA permits are required for water transfers. These issues will be covered in a spirited and informative discussion.

Moderator:
Carol L. Lear, Chevron, U.S.A., Houston, TX

Speakers:
Lisa H. Clay, Assistant District Counsel, Sacramento District, U.S. Army Corps of Engineers, Sacramento, CA
Lawrence R. Liebesman, Holland & Knight LLP, Washington, DC
Philip G. Mancusi-Ungaro, Office of Water Legal Support , U.S. Environmental Protection Agency, Region 4, Atlanta, GA
Joan Mulhern, Earthjustice, Washington, DC

3:30 p.m. – 5:00 p.m.
NEPA Litigation
NEPA litigation involving novel federal environmental issues is pending today in climate-related litigation and biotechnology (with many cases breaking new ground). Economic impacts intertwined with environmental impacts present a novel subject to resolve in a new setting, and both climate change and biotech crops have caused environmental activists to invoke the “precautionary principle.” Environmental impacts from the mere presence of straying biotech genes may include the “cumulative impacts” of herbicide-resistant crops are weighed. As to NEPA litigation over air, the courts must resolve questions regarding (1) the applicability of NEPA to federal agency actions that support overseas projects that emit greenhouse gases that may impact the domestic, U.S. environment, and (2) whether NEPA analysis must consider secondary impacts like global warming from coal transported from the West to the Midwest, or (3) The National Highway Traffic Administration’s Environmental Assessment for corporate average fuel economy (CAFE) standards for light trucks inadequacy in reviewing cumulative impacts.

Moderator:
Nicholas C. Yost, Sonnenschein Nath & Rosenthal LLP, San Francisco, CA

Speakers:
Nancy S. Bryson, Agriculture and Food Practice, The Bryson Group PLLC, Washington, DC
Michael B. Gerrard, Arnold & Porter LLP, New York, NY
Alicia Guerra, Cox, Castle & Nicholson LLP, San Francisco, CA

3:30 p.m. – 5:00 p.m.
Internal Investigations: Ten Tips Every Attorney Should Know Before Starting an Internal Environmental Investigation
Companies and their counsel need to have a well thought out policy for investigating allegations of environmental misconduct from whistleblowers and others sources. The initial stages of an internal investigation can be critical to its success. Questions that often arise include the retention of outside counsel and experts, the participation of company employees, the scope of the investigation, privilege and work product considerations, safeguarding the investigation’s results, whether any self-reporting obligations have been triggered, and if, when, and how disclosure should be made. This expert panel will provide their top ten tips for conducting environmental internal investigations.

Moderator:
David B. Weinstein, Greenberg Traurig, PA, Tampa, FL

Speakers:
Fred L. Burnside, Deputy Director (Acting), Office of Criminal Enforcement, Forensics, and Training, U.S. Environmental Protection Agency, Washington, DC
Diana Jagiella, Senior Environmental and Corporate Counsel, The Mosaic Company, Plymouth, MN
Beverlee Silva, Alston & Bird LLP, Atlanta, GA
Jennifer Whitfield, Senior Trial Attorney, Environmental Crimes Section, U.S. Dept. of Justice, Washington, DC

3:30 p.m. – 5:00 p.m.
Carbon Sequestration on Private, Public, and Indian Lands
The debate over the effect of greenhouse gases on climate change has recently focused attention on carbon capture and storage (CCS). CCS raises many currently unanswered questions concerning technical challenges, likely storage sites, environmental impacts, liability, and acceptance by the public. Because of the enormous volume of CO2 production in this country, CCS will require either construction of a significant pipeline infrastructure to move the CO2 from where it is generated to where it can be stored or an increased focus on storage proximate to major sources of production. A large percentage of domestic natural gas production, one of the largest sources of U.S. greenhouse gas emissions after coal-fired power plants, occurs on public lands making public lands a logical choice for storage.

This panel presentation will address projects for carbon sequestration on private, Indian, National Forest System, and public lands, including adequacy of existing legislative authority, funding for CCS on public lands, transportation/right-of-way issues, environmental issues, liability concerns, and other technical and legal questions.

Moderator:
Kim Harb, Director, Policy & Government Affairs, National Ocean Industries Association, Washington, DC

Speakers:
Brian James McPherson, Associate Professor, Civil and Materials Engineering, University of Utah, Salt Lake City, UT
Peter J. Schaumberg, Beveridge & Diamond, P.C., Washington, DC
Thomas H. Shipps, Maynes, Bradford, Shipps & Sheftel LLP, Durango, CO
John Tombari, Vice President North & South America, Schlumberger Carbon Services, Houston, TX

Top

7:00 a.m. – 8:00 a.m.
Breakfast Panel: China and the Environment—A Conversation with Experts on Environmental Protection, Development of Natural Resources, Energy Use, and Health and Safety in China (non-CLE, Ticketed Event)
Environmental protection, natural resources and energy use, and product safety in China have been receiving an increasing amount of attention within China and around the world. China's explosive growth in consumption, production and trade have focused concerns on impacts to the environment and public health in China, its trading partners, and with regards to air pollution and climate change, the world. Reports of substantial health and economic impacts from pollution in China, concerns that the 2008 Olympics in Beijing may be impaired by high levels of pollution, China’s emergence as the world’s largest source of greenhouse gas emissions, and recent concerns over the safety of exports have brought particular focus on this issue.

This panel of experts will discuss China's major environmental challenges, how effectively China's institutions are addressing those issues and what actions China may take in the future. The panel will examine the role that U.S. practitioners can have in assisting China's efforts and how to counsel U.S. clients doing business in China.

Moderator:
Margret J. Kim, Senior Advisor, International Climate Change and China Program Director, California Air Resources Board, Sacramento, CA

Speakers:
Roger R. Martella, Jr., U.S. Environmental Protection Agency, Washington, DC
Robert Percival, Robert F. Stanton Professor of Law and Director, Environmental Law Program, University of Maryland School of Law, Baltimore, MD
Steve Wolfson, Coordinator, Office of General Counsel, China Law Initiative, U.S. Environmental Protection Agency, Washington, DC

8:00 a.m. – 9:30 a.m.
Plenary Session: Climate Change Regulation is Already Here—State and Regional Cap-and-Trade Initiatives
Much debate has surrounded the federal government’s slow action in addressing climate change. But significant non-federal climate change developments are occurring at the state and regional levels to implement caps and reductions of greenhouse gas (GHG) emissions. These initiatives include California’s AB-32 legislation, the Western Climate Initiative, the Regional Greenhouse Gas Initiative, and the Midwestern Greenhouse Gas Accord. These initiatives cover over half of the U.S. population and GDP and about one-third of its GHG emissions. This session will discuss the basics of these initiatives and how they provide important lessons for any future federal legislation.

Moderator:
John Clancy, Godfrey & Kahn, Milwaukee, WI

Speakers:
Patrick J. Cunningham, Arizona Department of Environmental Quality, Phoenix, AZ
Kyle Davis, PacificCorp, Portland, OR
Jesse Heier, Director, Midwestern Governors Association, Washington, DC

9:30 a.m. – 10:00 a.m.
Section Spotlight: Stewardship Award, Committees and Public Service Project
Join us as we recognize the recipient of the 2008 ABA Award for Excellence in Environmental and Resources Stewardship. Additionally, Section committees will be recognized for their outstanding work and there will be a special Public Service Task Force presentation highlighting the mock public hearing held at the Salt River Pima-Maricopa Indian Community High School on Wednesday.

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

10:30 a.m. – 12:00 p.m.
International, National, and Regional Climate Change Regulation Update: What Clients Should Know
This panel provides an in-depth discussion on topics raised in the plenary session on climate change, and focuses on how regulatory design issues can significantly impact regulated entities and carbon market participants. The linkages between emerging federal, state, and international regulatory programs will be discussed, including the use of emission credits generated under one jurisdiction being used for compliance either across the country or across the globe. Also to be considered are issues that could have major practical impacts including which sectors of the economy are regulated, whether allowances to emit under a cap and trade program are auctioned or given away for free to emitters, early action and cost containment measures, verification standards, and pre-emption. Finally, the panel will examine lessons learned from on-the-ground activities and various risks and opportunities for regulated entities and market participants.

Moderator:
Christopher Carr, Vinson & Elkins LLP, Washington, DC

Speakers:
Luis Martinez, Energy Attorney, Natural Resources Defense Council, New York, NY
Dave Conover, Counsel, Bipartisan Policy Center, Washington, DC
Anne E. Smith, Vice President, CRA International, Washington, DC
Gene Trisko, Counsel to United Mine Workers, Berkeley Springs, WV

10:30 a.m. – 12:00 p.m.
The Endangered Species Act and Its Inextricable Role in Land Use Planning in the 21st Century
Land use is a dynamic area of the law, and never more so than now, with emerging issues such as global warming and age old, yet unsolved issues, such as limited and sometimes unreliable water supplies. Since its inception, the Endangered Species Act has impacted many land use decisions, sometimes controlling the ultimate resolutions. Application and interpretation of the Endangered Species Act is changing and evolving, in part due to recent court decisions and in part due to the changing landscape. The panel will explore some of the more significant changes including regional wetlands conservation, water supply issues, the evolution of habitat conservation plan (now required by the Services in some instances), and new dynamics in section 7 consultations.

Moderator:
Dawn A. McIntosh, Meyers Nave Riback Silver & Wilson, Los Angeles, CA

Speakers:
Bryan Arroyo, U.S. Fish and Wildlife Service, Washington, DC
John Buse, Center for Biological Diversity, Chicago, IL
Eric Laschever, Stoel Rives LLP, Seattle, WA

10:30 a.m. – 12:00 p.m.
Transmission Corridors and the Modern Electric System
Siting electric infrastructure is difficult but increasingly necessary as economic activity and increased demand for electricity requires electric system expansion. Two electric transmission corridors encompassing substantial portions of ten states, called the Mid-Atlantic and Southwest Area National Interest Transmission Corridors, were created under recent federal legislation. Several states, environmental groups and fourteen senators have sought rehearing, court or Congressional review of this action. What are federally mandated transmission corridors, and are they necessary? What is the role of transmission in an efficient and reliable electric system? These questions and the debate surrounding the establishment of federally mandated transmission corridors will be examined.

Moderator:
Darby Collins, Bonneville Power Administration, Portland, OR

Speakers:
Megan Anderson, Western Environmental Law Center, Taos, NM
Warren Belmar, United States Department of Energy, Washington, DC
Commissioner John Bohn, California Public Utilities Commission, San Francisco, CA
Commissioner William A. Mundell, Arizona Corporation Commission, Phoenix, AZ

10:30 a.m. – 12:00 p.m.
Green Chemistry and TSCA—REACHing Out?
California’s Green Chemistry Initiative is one of several state proposals to adopt, or influence Congress to adopt, elements of the European Union’s REACH regulation, which puts on manufacturers the burden of proving chemicals safe. The most important U.S. statute for regulating chemicals, the Toxic Substances Control Act (TSCA) was enacted over 30 years ago. It leaves to EPA the job of proving chemicals unsafe. Now, public interest in replacing or overhauling TSCA to reflect developments in the European Union is sizzling. With a new administration and Congress due up next year, this is your opportunity to learn about the chemicals management issues you will be hearing about in 2009.

Moderator:
Mark N. Duvall, Managing Counsel, The Dow Chemical Company, Midland, MI

Speakers:
Maureen F. Gorsen, Director, Dept. of Toxic Substances Control, California Environmental Protection Agency, Sacramento, CA
Joseph H. Guth, Ph.D., Legal Director, Science & Environmental Health Network, Albany, CA
Timothy F. Malloy, Professor of Law, UCLA School of Law, Los Angeles, CA

1:30 p.m. – 3:00 p.m.
Concurrent CLE Breakout Sessions

1:30 p.m. – 3:00 p.m.
Hot Topics in Climate and Air
The “Hot Topics in Climate and Air” panel will review current Clean Air Act regulatory developments concerning climate change and other issues. Topics may include (1) climate change regulatory developments, including permits for coal-fired power plants; (2) National Ambient Air Quality Standards (NAAQS), including the ozone NAAQS; (3) New Source Review, including the applicability test for power plants that make changes to their plant; (4) New Source Performance Standards; and (5) Title V (operating) permits. This will be a multi-speaker presentation, but with much time for questions.

Moderator:
Patrick Parenteau, Vermont Law School, VT

Speakers:
Kate Graf, Senior Air Quality Engineer, AMEC Geomatirx, Cedars, PA
Steve Myers, EHS Counsel–Air Program Lead, General Electric, Fairfield, CT
Mary Ann Poirier, Deputy General Counsel, U.S. Environmental Protection Agency, Washington, DC

1:30 p.m. – 3:00 p.m.
When Brown Meets Green: Incorporating Sustainability and Green Building Principles into Brownfields Redevelopment Projects
Did you know that buildings account for approximately 38 percent of greenhouse gas emissions? Given the role that buildings play in emitting carbon dioxide, it is not surprising that more than 110 state and local governments have enacted "green" building programs, relying heavily on the Leadership in Energy and Environmental Design (LEED) principles, over the past three years. These "green building" programs are impacting both new construction and brownfields redevelopment. This panel will examine these rapidly evolving state and local programs and what these changes mean to brownfields redevelopment projects.

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

Speakers:
Daniel Powell, U.S. Environmental Protection Agency, Washington, DC
Lisa Wing Stone, O'Melveny & Myers LLP, Washington, DC
Grant R. Trigger, Real Estate Interests Group, Bloomfield Hills, MI

1:30 p.m. – 3:00 p.m.
Natural Resources Potpourri—Resources Hot Topics
Management of our county’s natural resources, from the forest to the mine, is coming under increasing scrutiny and debate. This session will address two controversial topics in natural resources law, forest management and mining law reform. On forest issues, the time will be divided between a discussion of litigation over timber and wildfire policies, including the National Fire Plan, and the issue of civil trespass actions. On mining, the discussion will focus on the Hard Rock Mining and Reclamation Act of 2007 (HR 2262) and the upcoming Senate consideration of that bill.

Moderator:
Veronica Larvie, Office of the Solicitor, Division of Land and Water, Bureau of Land Management, Salt Lake City, UT

Speakers:
Andrew S. Biviano, Assistant United States Attorney, Eastern District of Washington, Spokane, WA
Jim Butler, Parsons, Behle & Latimer, Reno, NV
Marc L. Kesselman, General Counsel, U.S. Dept. of Agriculture, Washington, DC

3:30 p.m. – 5:30 p.m.
Ethics Presentation: Honor and Respect: A Professional Responsibility?
The preambles to the Model Rules of Professional Responsibility and to the Model Code of Judicial Conduct tell us that lawyers and judges have special responsibilities that include honorable and respectful conduct. The Model Rules address these responsibilities in various ways that are perhaps best seen through the self-policing of the bar and bench. As highlighted by the Arizona Supreme Court's efforts to address the independence of the judiciary and find innovative ways to improve judicial performance, these special responsibilities are becoming increasingly scrutinized aspects of professional responsibility. Enjoy a rare opportunity to hear a thoughtful answer to the question posed above.

Moderator:
Vicki Wright, Krieg DeVault LLP, Indianapolis, IN

Featured Speaker:
Honorable Andrew D. Hurwitz, Justice, Arizona Supreme Court, Phoenix, AZ

Panelists:
R. Kinnan Golemon, KG Strategies, LLC, Austin, TX
Irma S. Russell, University of Tulsa College of Law, National Energy-Environment Law Policy Institute, Tulsa, OK

3:30 p.m. – 5:30 p.m.
State Bar Idea Exchange (non-CLE)
The Section’s State and Regional Environmental Cooperation Committee provides a forum for the sharing of ideas among EPA regions, state environmental agencies, and environmental, energy, and natural resource 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 representatives 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 Section. You may participate in this dialogue either in person at the Section Fall Meeting or via teleconference. To register for teleconference participation, please contact the Section office at (312) 988-5724 or email MooreN@staff.abanet.org.

Top

8:00 a.m. – 12:00 p.m.
The Other Renewables: Exploring New Renewable Energy Technologies and Their Environmental Legal Challenges (Offsite, Ticketed Event)
Sponsored by: West, a Thomson Reuters business
Program attendees will go offsite to visit the Salt River Project’s Arizona Falls generating facility. Arizona Falls, formed by a natural 20-foot drop along the Arizona Canal, reopened in June 2003 as a restored hydroelectric plant and neighborhood gathering place where visitors can learn, interact, and reflect. After the trip to Arizona Falls, a panel will be convened to examine some technical and legal issues facing lesser-known renewable energy resources. While wind and solar power have typically received the most attention, other renewable energy technologies offer enormous opportunities and have begun to emerge as conventional energy prices continue to rise. This panel will examine the legal challenges of these technologies, including ocean and tidal energy; geothermal power (including the use of distributed "micro-geothermal" heat pumps in abandoned oil and gas wells); small hydropower units and facilities; biomass energy facilities, especially in agricultural settings; and plug-in hybrid vehicles as both an alternative to conventionally fuelled vehicles as well as an independent potential source of distributed energy generation. The discussion will also assess potential legislative or regulatory changes that could both protect the environment and promote the growth of these new renewable energy resources.

Moderator:
Irma S. Russell, University of Tulsa College of Law, National Energy-Environment Law Policy Institute, Tulsa, OK

Speakers:
Frederic "Fritz" L. Beeson, Manager of Litigation, Third-Party Claims, Salt River Project, Phoenix, AZ
Thomas C. Jensen, Sonnenschein Nath & Rosenthal LLP, Washington, DC
Kurt E. Seel, Regional Corporate Counsel—Geothermal, Calpine Corporation, Middletown, CA

8:00 a.m. – 10:00 a.m.
Clash of the Titans (in the Courtroom)—Getting Ready For and Engaging in Complex Environmental Litigation
Part I: Pre-Trial Techniques and Strategies
A distinguished former federal magistrate judge will preside over a panel of leading government and private party environmental litigators, who will introduce, discuss, and give strategy advice concerning key pre-trial positions and the usual skirmishes, including managing technical data, pre-trial motions, discovery disputes (including e discovery), and Daubert hearings. The presenters’ advice and experience will be presented in the context of hazardous waste case examples, but will be relevant and useful for any kind of litigation.

10:30 a.m. – 12:00 p.m.
Clash of the Titans (in the Courtroom)—Getting Ready For and Engaging in Complex Environmental Litigation
Part II: Trial and Beyond
The litigation will continue with the judge presiding over a discussion courtroom battles that will illustrate the use of the federal Manual for Complex Litigation, visual aids, jury consultants and the effective use of objection technique, as well as other weapons and shields used by environmental litigators. This and the preceding program will contain both basic information about environmental litigation as well as practice tips for more experienced litigators.

Speakers:
James A. Bruen, Farella, Braun + Martel, LLP, San Francisco, CA
John C. Cruden, Deputy Assistant Attorney General, Environment and Natural Resources Division, U.S. Dept. of Justice, Washington DC
Ronald J. Hedges, Counsel, Nixon Peabody LLP, New York. NY (Former United States Magistrate Judge)
Peter Hsiao, Morrison & Foerster LLP, Los Angeles, CA

12:00 p.m. – 1:30 p.m.
Lunch with the Client (non-CLE, Ticketed Event)
Join senior in-house counsel for lunch in a small-group setting. Some of the top in-house counsel specializing in environmental, energy, and resources law will share their views and answer questions on how they select outside counsel, what they expect from outside counsel, and how they manage outside counsel. Find out how to impress them, how to add value, and what it takes to tick them off. Ask them all the questions that you've been wondering about. This lunch will be set up in groups of eight or ten, with at least one in-house counsel and a moderator at each table.

Top