Thursday | Friday

Thursday, May 1, 2008
6:00 p.m. – 7:00 p.m.
Welcome and Registration Reception
(Cash bar)

Friday, May 2, 2008
7:00 a.m.
Conference Registration and Continental Breakfast

7:45 a.m. – 8:00 a.m.
Introduction and Welcome
Michelle Diffenderfer, Conference Co-Chair, Lewis, Longman & Walker, P.A., West Palm Beach, FL
R. Timothy Weston, Conference Co-Chair, K&L Gates, Harrisburg, PA

8:00 a.m. – 9:30 a.m.
Plenary Presentation 1
Climate Change Impacts on Water Resources: Legal and Policy Responses
Global climate change is here and will require the reassessment of many of the hydrological assumptions behind current water quantity and quality regimes. This applies to the humid East as well as the arid West. This panel will address the projected impacts of the various change scenarios on eastern water resources, the federal role in helping states and localities adapt to change and the adaptation strategies available to local governments struggling to meet water demands in an increasingly uncertain hydrological environment.

Moderator:
A. Dan Tarlock, Distinguished Professor of Law and Director of the Program in Environmental and Energy Law, Chicago-Kent College of Law, Chicago, IL

Panelists:
Benjamin Grumbles, Assistant Administrator for Water, U.S. Environmental Protection Agency, Washington DC
Edna R. Sussman, Of Counsel, Hoguet Newman Regal & Kennedy, LLP, New York, NY
Eric F. Wood, Professor, Civil and Environmental Engineering, Princeton University, Princeton, NJ

9:30 a.m. – 9:45 a.m.
Break

9:45 a.m. – 11:00 a.m.
Plenary Presentation 2
Hot Cases and Emerging Issues
Highlighting a series of recent cases and regulatory proposals, the “hot topics” will focus on current developments that cut across the eastern states. Highlights include the linkage of land use and water supply, evolving public trust doctrine claims and theories, eastern tribal water rights and nutrient management programs.

Moderator:
Cynthia A. Drew, Associate Professor of Law, University of Miami Law School, Coral Gables, FL

Panelists:
Hope M. Babcock, Co-Director, Institute for Public Representation, Georgetown University, Washington, DC
Lincoln L. Davies, Associate Professor of Law, University of Utah, Salt Lake City, UT

11:00 a.m. – 12:30 p.m.
Plenary Presentation 3
Evolving Interstate Water Disputes: How Will They Affect Individual Users
Historic interstate water conflicts and new policies are unfolding in the eastern United States: In the Great Lakes region, eight states are in the process of approving a new compact for managing 9/10ths of the nation's fresh water. In the Mid-Atlantic, devastating floods have focused new scrutiny on a federal and interstate compact and a Supreme Court Decree that determine how four states and the City of New York share the waters of the Delaware Basin. And in the ACT and ACF basins, Georgia, Alabama and Florida face a drought of historic significance, complicated by long-running litigation in several courts concerning the Corps' management of these interstate waters. Panelists will assess the implications of these developments for individuals, industry, municipalities and states in each region.

Moderator:
Pamela M. Bush, Commission Secretary and Assistant General Counsel, Delaware River Basin Commission, West Trenton, NJ

Panelists:
Patricia T. Barmeyer, Partner, King and Spalding LLP, Atlanta, GA
Noah D. Hall, Assistant Professor of Law, Wayne State University Law School, Detroit, MI
Kenneth J. Warren, Hangley Aronchick Segal & Pudlin, Philadelphia, PA

12:30 p.m. – 1:00 p.m.
Lunch

1:00 p.m. – 2:00 p.m.
Keynote Address
EPA Assistant Administrator Grumbles will speak about the current water transfer cases on water quality and quantity issues, including the pending water transfer regulation. In addition, Grumbles will update us on the EPA/Corps Rapanos guidance.

Benjamin H. Grumbles, Assistant Administrator for Water, U.S. Environmental Protection Agency, Washington DC

2:00 p.m. – 3:15 p.m.
Breakout Session 1
Effective Use of ADR in Water Resources Disputes
Water disputes are often complex and frequently involve multiple parties with different agendas, or at least a perception that these agendas are inconsistent. Effective use of alternative dispute resolution (ADR) should help the parties appreciate each other’s underlying interests. This panel will discuss three case studies to illustrate how the ADR process is most effective when the parties begin by using credible science-based tools to evaluate the effects that proposals may have on the interests of all stakeholders, understanding the realities of the resource, and focusing on practical and pragmatic solutions to a problem.

Moderator:
Daniel P. Sheer, HydroLogics, Inc., Columbia, MD

Panelists:
Thomas W. Beauduy, Deputy Executive Director, Susquehanna River Basin Commission, Harrisburg, PA
Daniel P. Fernandez, Attorney, Fernandez Law Firm, Tampa, FL
Thomas C. Fransen, River Basin Management Section Chief, Division of Water Resources, North Carolina Dept. of Environment and Natural Resources, NC Division of Water Resources, Raleigh, NC

2:00 p.m. – 3:15 p.m.
Breakout Session 2
The Future of Riparianism: Water Law Reforms in the States
Facing the challenges of increasing user conflicts, intensive development and variable climatic conditions leading to intense shortages, common law principles of riparian rights are evolving or being replaced with “regulated riparianism.” Via statutes, case law, and administrative programs, reform efforts are underway in many eastern jurisdictions. Panelists will highlight several of those efforts, and the examples (lesson plans) they may provide for other states.

Moderator:
Joseph W. Dellapenna, Professor of Law, Villanova University School of Law, Villanova, PA

Panelists:
David H. Pope, Director, Georgia Alabama Office, Southern Environmental Law Center, Atlanta, GA
Mullen Taylor, Associate, Willoughby & Hoefer, P.A., Columbia, SC
Andrea W. Wortzel, Attorney, Hunton & Williams LLP, Richmond, VA

3:15 p.m. – 3:30 p.m.
Break

3:30 p.m. – 5:00 p.m.
Breakout Session 3
Updating Federal Reservoir Operations to Accommodate Water Supply and Environmental Needs
The United States Army Corps of Engineers operates 541 reservoir projects nationwide, most of which were designed and authorized to meet needs identified in the first half of the last century. Times have changed. It is becoming increasingly urgent to update reservoir operations to account for present and future demands, including growing demands for water supply as well as a growing sensitivity to environmental conditions. This panel will address the opportunities, conflicts and legal issues presented by the need to update reservoir operations. We will focus on a hypothetical situation with close parallels to the long-running fiasco in the Apalachicola-Chattahoochee-Flint River Basin located in Alabama, Florida and Georgia.

Moderator:
Lewis B. Jones, Tort and Environmental Litigation Practice Group, King & Spalding, Atlanta, GA

Panelists:
Larry J. Prather, Assistant Director of Civil Works for Legislation and Planning, U.S. Army Corps of Engineers, Washington, DC
Andrew Warner, Senior Advisor for Water Management, National Coordinator for the Sustainable Rivers Project, The Nature Conservancy, University Park, PA

3:30 p.m. – 5:00 p.m.
Breakout Session 4
Innovations in Protection and Management of Water Resources
Eastern jurisdictions are innovating new approaches and programs for protection and management of water resources. This session will examine three examples: NJ proposals for source protection, New England states approaches to stream flow management, and evolving Florida water management district integrated management programs.

Moderator:
Kirt Mayland, Director of the Eastern Water Project, Trout Unlimited, Housatonic, MA

Panelists:
Pamela S. Goodwin, Chair, NJ Clean Water Council, Saul Ewing LLP, Princeton, NJ
Melissa L. Meeker, Governing Board, South Florida Water Management District, West Palm Beach, FL

5:00 p.m.
Closing Remarks

5:15 p.m. – 7:00 p.m.
Closing Reception
(Cash bar)

"Beneficial" Program Sponsors

ENSR

Holland + Knight

K&L Gates

Krebsbach and Haik, Ltd.

Lewis Longman & Walker, P.A.

Patrick, Miller & Kropf, P.C.

"Reasonable" Support Sponsors

CDM

King & Spalding LLP

The Florida Bar Environmental and Land Use Law Section

Trout Unlimited