1:30 p.m. - 6:30 p.m.
Registration

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4:00 p.m. – 4:15 p.m.
Welcome and Opening Remarks
Lee A. DeHihns, Section Chair, Alston & Bird LLP, Atlanta, GA
Kathy G. Beckett, Program Chair, Jackson Kelly PLLC, Charleston, WV

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4:15 p.m. – 5:15 p.m.
Keynote Presentation— Gary Braasch, Photographer and Author, Earth Under Fire: How Global Warming is Changing the World
Gary Braasch is an Ansel Adams Award-winning photojournalist and fellow of the International League of Conservation Photographers. He contributes to Time, U.S. News and World Report, Smithsonian, Discover, Natural History, Life, Scientific American, GEO, American Photo, the BBC News Web site, and other publications. He is also the author of Photographing the Patterns of Nature and coauthor of Secrets of Old-Growth Forest, Entering the Grove, and Northwest.

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5:15 p.m. – 5:30 p.m.
Networking Break

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5:30 p.m. – 7:00 p.m.
Technical Roundtables
Hosted by the Section’s Annual Sponsors and the Double Diamond and Black Diamond Sponsors of the program.

Take this opportunity to learn something new from many of the nation’s top environmental consulting firms. Topics have been selected to complement the CLE programs to follow on Friday and Saturday. You will have the opportunity to listen and exchange views during three different roundtables presentations of your choosing, as well as enjoy a late-afternoon snack.

ROUNDTABLE TOPIC PRESENTATIONS:
Bureau of National Affairs, Inc. (BNA): Reshaping Environmental Law Practices to Address Climate Change and Sustainability
Environmental Data Resources, Inc. (EDR): Leveraging Data to Proactively Manage Environmental Risk in the Business Setting
ENVIRON International Corporation, Inc.: Carbon Management Strategies: Assessing Your Carbon Footprint & Understanding the Role of Offsets
Environmental Resources Management (ERM): Beyond Climate Change Compliance: Business Risks and Opportunities Exponent: Reconstructing Doses and Exposures Using Environmental Forensic Methods
Exponent: Reconstructing Doses and Exposures Using Environmental Forensic Methods
Geomatrix: CO2 Measurement, Separation and Sequestration Technologies
Geomega, Inc.: Presentation of Technical Data in Legal Settings: Meeting the Competing Challenge of Clarity, Defensibility, Aesthetics, Transparency, and Simplicity
Marsh: Emerging Environmental Risks Across the Globe: Are Your Clients Prepared?
Malcolm Pirnie, Inc.: Geographic Information Systems for Litigation Support
Navigant Consulting: Tools to Help Evaluate the Economic Impacts of Carbon Policies
TRC Companies: Responding to the Management Challenges Associated with Climate Change & Sustainability

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7:00 p.m. – 8:00 p.m.
Reception (cash bar)
Sponsored by TRC Companies

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7:00 a.m. – 8:00 a.m.
Registration and Hot Breakfast
Hot breakfast sponsored by CH2M HILL and Deloitte Financial Advisory Services LLP.

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8:00 a.m. – 10:00 a.m.
Opening Remarks
James R. May, Widener University School of Law, Wilmington, DE

Plenary Session— U.S. Supreme Court
The Supreme Court in recent years has played a major role in resolving difficult questions of regulatory authority arising under the environmental laws. During its 2006-2007 term, the Court decided major cases involving the Clean Air Act, CERCLA, the Clean Water and Endangered Species Acts and ventured into controversies over global warming and New Source Review. Reviewing the Court’s recent environmental decisions, this panel will examine the role the Supreme Court plays in resolving questions of environmental law and what its actions portend for the future of the field, including unresolved issues and implications for developments in the lower federal courts, the administration, the U.S. Congress, and the states. The panel's discussion of the Supreme Court's decisions in the Massachusetts, Rapanos, Duke, Defenders of Wildlife and Atlantic Research cases will set the stage for breakout sessions dealing with climate change, water, air, ESA and CERCLA.

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

PANELISTS:
Ken Alex, Supervising Deputy Attorney General, Office of Attorney General, San Francisco, CA
Jonathan Z. Cannon, Environmental and Land Use Law Program, University of Virginia Law School, Charlottesville, VA
Ann Carlson, Faculty Director, UCLA Environmental Law Center, , University of California, Los Angeles, CA
John C. Cruden, Deputy Assistant Attorney General Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC

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10:00 a.m. – 10:30 a.m.
Networking Break

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

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10:30 a.m. – 12:00 noon
Session 1— Climate Change: Carbon Trading and Accounting in the New World: What the Coming (New) Federal Legislation Means for You and Your Clients
This program will provide practitioners with practical knowledge regarding future federal legislation aimed at reducing carbon emissions nationwide. The panel will address the specific aspects of the federal legislation most likely to affect companies; and the various carbon accounting methods used, and the factors that influence their results; and how to best assess whether project investments are justified. The panel will also provide an international perspective on the world’s largest carbon trading system, the European Union’s Emission Trading Scheme (EU ETS), and how that system may serve as a template for U.S. legislative action.

MODERATOR:
Max Williamson, Beveridge & Diamond, Washington, DC

PANELISTS:
Tom Dower, Deputy Chief of Staff and Legislative Director for Senator Specter, Washington, DC
Peter Gray, McKenna Long & Aldridge, Washington, DC
Nancy N. Young, Vice President, Environmental Affairs, Air Transport Association, Washington, DC

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10:30 a.m. – 12:00 noon
Session 2— At the Breaking Point: Doing Brownfields Deals with Wetlands and "Waters of the U.S." Components in a Post-Rapanos World
Environmental lawyers confront an ever changing legal and technical landscape, and nowhere is this challenge more evident than when doing brownfields deals that may impact wetlands and "waters of the U.S." in a post-Rapanos world. The U.S. Supreme Court's decision in Rapanos has fundamentally altered the rules regarding what tests should apply in determining whether an area is, and is not, subject to Clean Water Act jurisdiction. This uncertainty has led to more guidance being implemented by the Army Corps of Engineers and the Environmental Protection Agency. The guidance, while offering some clarification of the Rapanos decision, has resulted in these agencies being involved in more jurisdictional delineation reviews and delayed many redevelopment projects. This panel will use a lively talk show host format, and a series of hypotheticals, to help practitioners understand the current regulatory landscape, potential traps for the unwary, and strategies for guiding your clients through a brownfields project in a post-Rapanos world.

MODERATOR:
Dean A. Calland, Babst, Calland , Clements and Zomnir, PC, Pittsburgh, PA

PANELISTS:
Louis Bridges, Ph.D., Senior Project Manager Kleinfelder, Golden, CO
Alexandra Dapolito Dunn, Assistant Dean of Environmental Law Programs, Pace University School of Law, White Plains, NY
Brian Hanson, Baird Hanson Williams LLP, Boulder, CO
Sharon Mattox, Vinson & Elkins LLP, Houston, TX

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10:30 a.m. – 12:00 noon
Session 3— The Rest of the Melting Iceberg: Courts and Climate, Beyond Massachusetts v. EPA
Federal and state courts are awash in climate litigation. This panel will discuss how courts other than the U.S. Supreme Court have addressed climate change issues involving, for example, whether: states may regulate GHG emissions from motor vehicles (Central Valley Chrysler Jeep v. Goldstone), federal wildlife agencies must consider climate change in preparing biological opinions under the Endangered Species Act (NRDC v Kempthorne), federal agencies have complied with the study and disclosure requirements of the Global Climate Change Research Act (Center for Biological Diversity v. Brennan), the political question doctrine precludes state and/or private nuisance actions (California v. General Motors, Comer v. Nationwide Mutual Insurance), and claims of public nuisance are viable (Korinshky v. EPA, Connecticut v. American Electric Power Services Corp.).

MODERATOR:
James R. May, Widener University School of Law, Wilmington, DE

PANELISTS:
David Bookbinder, Chief Climate Counsel, Sierra Club, Washington DC
Kathleen M. Hennessey, Senior Environmental Counsel, External Affairs and Public Policy, Chrysler LLC, Auburn Hills, MI
Lynne M. Paretchan, Perkins Coie LLP, Portland, OR

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12:00 noon – 12:30 p.m.
Afternoon Luncheon
Sponsored by EnviroForensics and Langan Engineering and Environmental Services.

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12:30 p.m. – 2:00 p.m.
ABA Sustainability Policy and ABA-EPA Law Office Climate Challenge
The lunchtime panel will discuss two important Section of Environment, Energy, and Resources (SEER) initiatives that reflect our commitment to environmental stewardship– the ABA-EPA Law Office Climate Challenge and the Model Sustainability Policy. SEER rolled out the Climate Challenge at Keystone last year, and lawyers from firms who have taken up the challenge will discuss their firms' participation. In addition, EPA's general counsel, Roger Martella, will discuss a lawyer's "carbon footprint." Then, we will focus on the SEER Model Sustainability Policy for law organizations. This is a model commitment to sustainability covering the “triple bottom line” of economic, social and environmental responsibility. It was developed by the Climate Change, Sustainable Development and Ecosystems (CCSDE) Committee of SEER, with the help of several dozen members. It includes general guidance as well as a checklist of implementation ideas that law organizations can use to evaluate their current status and develop their own implementation plan. As of October 2007, six law firms were piloting this tool. CCSDE has posted the list of pilot firms and supporting information on its website and will be further publicizing these efforts. After we describe the program, representatives from the pilot firms will offer their perspectives. Keystone attendees are invited to bring a poster describing their law office’s sustainability program, and SEER will display them during this program. Look for details on the Section’s Web site.

MODERATORS:
David M. Friedland, Beveridge & Diamond, P.C., Washington, DC
William R. Blackburn, William Blackburn Consulting, Ltd., Long Grove, IL

PANELISTS:
James D. Brusslan, Levenfeld Pearlstein, LLC, Chicago, IL
Jonathan Martel, Arnold & Porter LLP, Washington, DC
Roger R. Martella, Jr., U.S. Environmental Protection Agency, Office of General Counsel, Washington, DC
Robert B. McKinstry, Jr., Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia, PA
Claudia Rast, Pear Sperling Eggan & Daniels, P.C., Ann Arbor, MI
Jonathan E. Rinde, Manko, Gold, Katcher & Fox, LLP, Bala Cynwyd, PA

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2:00 p.m. – 2:15 p.m.
Networking Break

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2:15 p.m. – 3:45 p.m.
Plenary Session— Hot Topics: Air and Climate
This panel will consider the significant regulatory developments under the Clean Air Act concerning climate change that are expected to have occurred by early 2008, including a final decision on the “California waiver” that would allow California to enforce its greenhouse gas regulations for motor vehicles; a proposed rulemaking concerning the Administration’s announced policy to reduce the use of gasoline by 20% by 2017, coupled with EPA’s response on remand to Massachusetts v. EPA (including whether greenhouse gases from motor vehicles endanger public health or welfare); and developments concerning stationary sources. The panel will also consider other important developments under the Clean Air Act.

MODERATOR:
Jonathan Martel, Arnold & Porter LLP, Washington, DC

PANELISTS:
Jeffrey R. Holmstead, Bracewell & Giuliani, Washington, DC
Roger R. Martella, Jr., Office of General Counsel, U.S. Environmental Protection Agency, Washington, DC
Vickie Patton, Deputy General Counsel, Environmental Defense, Boulder, CO

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4:00 p.m. – 5:00 p.m.
Environmental Committee Chairs Group Meeting
The Section’s environmental committee chairs will meet to discuss action plans and strategies for 2008.

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5:00 p.m. – 6:00 p.m.
Committee Roundtable Meetings
Hosted by the Section’s committees, this is a unique chance to network with other program attendees who share your interests. You will learn more about the benefits of committee membership and opportunities to get involved in activities of interest.

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6:30 p.m. – 7:30 p.m.
Reception (cash bar)

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7:30 p.m. 9:30 p.m.
Keystone Dinner Event (ticket required)
Families and friends are welcome to this informal dinner event. Plan to wear your school logo or colors or your favorite team logo. (Ticket required)

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7:00 a.m. – 8:00 a.m.
Registration and Hot Breakfast
Hot breakfast sponsored by Practical Law Company and Terracon.

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8:00 a.m. – 10:00 a.m.
Opening Remarks
David M. Friedland, Beveridge & Diamond, P.C., Washington, DC

Plenary Session— Disaster Management and Preparedness
Americans build in fragile ecosystems and disaster prone areas: on seashores and productive wetlands, in highly flammable forests and grasslands, and in areas that lack reliable sources of water. This habit is gaining increased attention as worries about climate change are brought to life by devastating hurricanes, massive wildfires, and severe droughts. Building on the groundbreaking book Losing Ground: A Nation on Edge, our panel will explore the connection between land use and disaster mitigation. What are the appropriate roles for states, localities, the federal government, private property owners, and the lawyers who represent them? Are we doing enough today as lawyers to avoid or at least plan for tomorrow’s disasters and the effects of a rapidly changing climate?

MODERATOR:
Kathy G. Beckett, Program Chair, Jackson Kelly PLLC, Charleston, WV

PANELISTS:
Peter Binney, Director, Aurora Water, Aurora, CO)
Oliver Houck, Tulane University Law School, New Orleans, LA (invited)
Jeffrey Miller, Vice Dean for Academic Affairs, Pace University Law School, White Plains, NY
Geoffrey K. Willis, Bingham McCutchen LLP, Costa Mesa, CA

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10:30 a.m. – 12:00 noon
Session 4— Energy Options in a Changing Climate: Assessing the Environmental Footprints of Renewables and New Nukes
This program will survey the expected and unexpected environmental impacts of various renewable energy and advanced energy technologies, including biofuels, wind energy, solar power, hybrid engines and hydrogen energy. We will also focus on the potential environmental and climate consequences – both beneficial and harmful – of a resurgent nuclear energy industry. The panel will review how these environmental impacts will translate into legal requirements and challenges, and it will delve into possible legal strategies and reforms that might address these concerns.

MODERATOR:
Tamar Jergensen Cerafici, Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia, PA

PANELISTS:
Chuck D. Barlow, Assistant General Counsel – Environmental, Entergy Corporation, Jackson, MS
Lynn A. Bortka, Senior Attorney, BP Amoco Corporation, Houston TX
John L. Howard, Jr., Vinson & Elkins, L.L.P., Austin, TX

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10:30 a.m. – 12:00 noon
Session 5— Topsy-Turvy World of CERCLA: Uncertain Law, Uncertain Science
Environmental lawyers confront an ever changing legal and technical landscape, and nowhere is this challenge more evident than the confluence of the Atlantic Research/Cooper Aviall decisions and emerging contaminants. The Atlantic Research and Aviall decisions fundamentally reshape the rights of PRPs to bring and defend against claims by other PRPs, which has put into flux key questions that had previously been viewed as well settled, including the availability of joint and several liability, the right of contribution protection, whether cost recovery under Section 107 for an involuntary cleanup is available to a PRP, the management of the orphan share, and the finality of settlements. Similarly, emerging chemicals and our changing understanding of pathways of exposure have altered the perceived risks and need for remedial action at sites once thought to require no remediation, or additional remediation at sites that had been thought closed, and this may also affect the availability of protections for parties who believed they had undertaken all appropriate inquiry. This panel will use a lively conversational format to explore a series of hypotheticals, to help practitioners understand the risks associated with the emerging legal and technical landscape of CERCLA, and how best to advise your clients on the management of these risks.

MODERATOR:
Thomas A. Bloomfield, Gallagher & Gallagher, a Professional Corporation, Boulder, CO

PANELISTS:
Asimakis “Maki” P. Iatridis, Bert Hill Greenleaf & Ruscitti LLP, Boulder, CO
Robert Steffan, Ph.D., Shaw Environmental, Inc., Lawrenceville, NJ
Mary Kay Lynch, U.S. Environmental Protection Agency, Washington, DC

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10:30 a.m. – 12:00 noon
Session 6— Environmental Enforcement and Auditing: On the Point of Compliance
Environmental enforcement remains one of the central engines for assuring environmental compliance, and the federal enforcement process continues to evolve and sometimes spark controversy. This panel will report on recent developments in the federal government enforcement policies and priorities, and it will offer insights to anyone planning for potential environmental inspections or responding to enforcement actions. Our discussion will include an update on EPA's self-disclosure policy, including its recent efforts to update and improve its use in transactions and acquisitions.

MODERATOR:
Bruce Pasfield, Alston & Bird LLP, Washington, DC

PANELISTS:
Phyllis Harris, Vice President, Environmental Compliance, Wal-Mart Stores, Inc., Bentonville, AR
Sylvia K. Lowrance, Bethesda, MD
Stacey Mitchell, Chief of Environmental Crimes Unit, U.S. Department of Justice, Washington, DC
Walker Smith, Director of Office of Civil Enforcement, U.S. Environmental Protection Agency, Washington, DC

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10:30 a.m. – 12:00 noon
Session 7— Keystone Cornerstones: A Primer for the Environmental Attorney
Attorneys entering environmental law face the daunting challenge of absorbing a complex framework of fundamental requirements while keeping up with breaking developments. This continuing series introduces practitioners to major statutes and core concepts through an overview of how environmental lawyers approach their practices in several fields. We will use hypothetical scenarios drawn from practice in a variety of settings, including private, government and non-governmental organization practice, to highlight the innovative application of environmental law to emerging challenges. Although tailored to the needs of attorneys in their early years of practice, the session will be of interest to anyone looking for an engaging discussion on the practice of environmental law and emerging doctrines.

MODERATOR:
Tracy D. Hester, Bracewell & Giuliani, LLP, Houston, TX

PANELISTS:
John C. Cruden, Deputy Assistant Attorney General Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC
Patricia Hirsch, Deputy General Counsel, U.S. Environmental Protection Agency, Washington, DC
Margaret Hoffman, Chief Environmental Counsel, Chevron Texaco, San Ramone, CA
Henry W. Ipsen, Holme Roberts & Owen LLP, Denver, CO
David Mears, Director of Environmental and Natural Resources Law Clinic, University of Vermont Law School, South Royalton, VT
Eric Schaeffer, Executive Director, Environmental Integrity Project, Washington, DC

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12:00 noon. – 12:30 p.m.
Afternoon Luncheon
Sponsored by Who's Who Legal/Getting the Deal Through and The Environmental Law Network

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12:30 p.m. – 2:00 p.m.
Civil and Criminal Enforcement Priorities and Initiatives
Mr. Tenpas will review his recent tenure as the Assistant Attorney General with the U.S. Department of Justice.

Ronald J. Tenpas, Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC

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7:00 a.m. – 7:45 a.m.
Continental Breakfast
Sponsored by PricewaterhouseCoopers LLP

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7:45 a.m. – 9:45 a.m.
Plenary Session— Ethics
This panel session will focus on the ABA Model Rules of Professional Conduct 1.1, 1.2, and 1.6 regarding competence and confidentiality, and the challenges practitioners face when attempting to adhere to these rules while advising clients in emerging legal areas such as climate change and nanotechnology. This panel will discuss a case study application of the model rules to a fact pattern involving nanotechnology and climate change. The fact patterns will illustrate the types of ethical quandaries that may arise in a legal representation and focus on ethical issues involving: human testing, ethical issues that may arise in connection with current limitations on monitoring and assessing the fate and transport of nanoscale materials in the environment, and reporting obligations arising under the securities laws, including Regulation S-K and the Sarbanes-Oxley Act. This panel will prepare practitioners and familiarize them with a conceptual framework to approach with confidence developing areas of the law in a manner consistent with the Model Rules.

MODERATOR:
Mary Ellen Ternes, McAfee & Taft, Oklahoma City, OK

PANELISTS:
Lynn L. Bergeson, Bergeson & Campbell, P.C., Washington, DC
William Jordan, Senior Policy Advisor, Office of Pesticide Programs, U.S. Environmental Protection Agency, Washington, DC
Rex Raimond, Mediator, Meridian Institute, Washington, DC
Douglas R. Williams, Saint Louis University School of Law, St. Louis, MO

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9:45 a.m.
Closing Remarks
Kathy G. Beckett, Program Chair, Jackson Kelly PLLC, Charleston, WV

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