Wednesday, May 16, 2007

5:30 p.m. – 7:00 p.m.
Welcome Reception

Mark your calendar to take advantage of this pre-meeting networking opportunity. The meeting registration table will also be open for attendees to check in and pick up registration materials.

Thursday, May 17, 2007

7:00 a.m.
Registration and Continental Breakfast

7:15 a.m. – 8:15 a.m.
Optional Ethics Program: The “No-Contact Rule” – Attorney Contacts with EPA Program Employees in Enforcement Cases

Moderator:
Steven R. Stout, Environmental Legal Counsel, Tennessee Department of Environment & Conservation, Nashville,TN

Panelists:
Leif Palmer, Attorney-Advisor, U.S. Environmental Protection Agency, Region 4, Atlanta, GA
Carl A. Pierce, Al Separk Distinguished Professor of Law, University of Tennessee College of Law, Knoxville, TN

8:15 a.m. – 8:30 a.m.
Networking Break

8:30 a.m. – 9:45 a.m.
Welcome and Keynote Address

Introduction:
Douglas S. Arnold, Program Co-Chair, Alston & Bird, LLP, Atlanta, GA
Philip G. Mancusi-Ungaro, Program Co-Chair, Attorney-Advisor, U.S. Environmental Protection Agency, Region 4, Atlanta, GA

Welcoming Remarks:
Regional Counsel, U.S. Environmental Protection Agency, Region 4, Atlanta, GA

Keynote Address:
Roger R. Martella, Jr., General Counsel, Office of General Counsel, U.S. Environmental Protection Agency, Washington, DC

9:45 a.m. – 10:00 a.m.
Networking Break

10:00 a.m. – 11:45 a.m.
(Breakout Session 1) Whose Water is it, Where is it Going, and What Can it be Used for?: The Latest on Water Allocation, Transfer and Designated Uses

Moderator:
Philip G. Mancusi-Ungaro, Program Co-Chair, Attorney-Advisor, U.S. Environmental Protection Agency, Region 4, Atlanta, GA

Panelists:
Permitting Water Transfers – Update on Water Transfer Litigation
Dione Carroll, General Counsel, Miccosukee Tribe of Indians of Florida, Miami, FL

Interstate Water Allocation, Whose Water Is It?
Teri L. Donaldson, Squire, Sanders, & Dempsey L.L.P., Tallahassee, FL

Intrastate Water Transfer and Riparian Issues in Region 4
Mullen Taylor, Willoughby & Hoefer, P.A., Columbia, SC

EPA Policy on “Subcategorization” of Designated Uses
Jim Keating, Office of Science and Technology, U.S. Environmental Protection Agency, Washington, DC

10:00 a.m. – 11:45 a.m.
(Breakout Session 1A) Clean Air Act: Update on New Rules, Enforcement, and Recent Case Law

Moderator:
New CAIR (Clean Air Interstate Rule) and CAMR (Clean Air Mercury Rule): Requirements for Power Plants and New Technology
Vera Kornylak, Attorney-Advisor, U.S. Environmental Protection Agency, Region 4, Atlanta, GA

Panelists:
CAMD Overview on National Trading Programs
Kevin Culligan, Clean Air Markets Division, U.S. Environmental Protection Agency, Washington, DC

CAMR Negotiation in Georgia from a Stakeholder’s Perspective
Jim Grode, Director, Turner Environmental Law Clinic, Emory University School of Law, Atlanta, GA

Controls TVA Is Implementing to Address Mercury
John W. Myers, Air Program Manager, Tennessee Valley Authority, Chattanooga, TN

CAA Litigation Update
Additional topic to be covered by panel.

Panelists:
Massachusetts v. Environmental Protection Agency
Chuck D. Barlow, Assistant General Counsel – Environment, Entergy Services, Inc., Jackson, MS

SCAQMD v. EPA (Ozone Implementation)
Vera Kornylak, Attorney-Advisor, U.S. Environmental Protection Agency, Region 4, Atlanta, GA

United States v. Duke Energy Corp.
Alan Dion, Acting Chief, Office of Air, Toxics, and General Law, U.S. Environmental Protection Agency, Region 4, Atlanta, GA

12:00 p.m. – 12:30 p.m.
Luncheon

12:30 p.m. – 1:15 p.m.
Featured Speaker

Matthew J. McKeown, Acting Assistant Attorney General, U.S. Department of Justice, Environment and Natural Resources Division, Washington, DC

1:30 p.m. – 3:15 p.m.
(Breakout Session 2) Preserving Liquid Assets: Clean Water Act Regulation in Light of Recent Developments

Moderator:
Beverlee Silva, Alston & Bird LLP, Atlanta, GA

Panelists:
Muddy Waters: Uncertain Times for the Section 404 Program after Rapanos and the Invalidation of the Tulluch I Rule
Thomas N. Griffin III, Parker, Poe, Adams & Bernstein LLP, Charlotte, NC

That’s a Wetland? Really?: Section 404 Jurisdictional Determinations and the Administrative Appeals Process
Michelle Diffenderfer, Lewis Longman & Walker, P.A., West Palm Beach, FL

Fallout from Feedlots: EPA’s Latest CAFO Rule
Gregory "Greg" W. Blount, Troutman Sanders, Atlanta, GA

1:30 p.m. – 3:15 p.m.
(Breakout Session 2A) Teaching Old Dogs New Tricks: Areas of New Emphasis in Hazardous Waste Law

Moderator:
John E. Milner, Brunini, Grantham, Grower & Hewes, PLLC, Jackson, MS

Panelists:
Financial Assurance Requirements – Highlighting the New Enforcement Priority at RCRA, CERCLA, and TSCA Sites
Christine McCulloch, Chief, Waste Identification & Enforcement Policy Branch, RCRA Enforcement Division, U.S. Environmental Protection Agency, Washington, DC

Institutional Controls – Giving Them Teeth and Making Them Last
Virginia M. Baker, Attorney-Manager, Kentucky Environmental and Public Protection Cabinet, Frankfort, KY
Matthew Hicks, Attorney-Advisor, U.S. Environmental Protection Agency, Region 4, Atlanta, GA

Superfund Alternatives Sites – Evaluating the Pilot Program for Conducting Voluntary Remedial Actions Without NPL Listing
Anne Berube, Attorney-Advisor, Office of Site Remediation Enforcement, U.S. Environmental Protection Agency, Washington, DC
Edward “Skip” Kazmarek, McKenna, Long & Aldridge, Atlanta, GA

3:15 p.m. – 3:30 p.m.
Networking Break

3:30 p.m. – 5:00 p.m.
(Breakout Session 3) In Deep Water – Issues Surrounding Permitting of Offshore LNG Facilities

Moderator:
Ellen Rouch, Attorney-Advisor, Office of Environmental Accountability, U.S. Environmental Protection Agency, Region 4, Atlanta, GA

Panelists:
Permitting and Licensing at Deepwater Ports – How Many Federal Agencies Does it Take?
Mark L. Lumen, Attorney-Advisor, Deepwater Ports Standards Division, Environmental and Real Property Law Division, Office of the Judge Advocate General, Office of Environmental and Real Property Law, U.S. Coast Guard, Washington, DC

LNG in Deep Water – Stakeholders’ Concerns
Jill Witkowski, Staff Attorney, Tulane School of Law Environmental Law Clinic, New Orleans, LA

Representing Industry – Pleasing All of the People All of the Time
David A. Savage, Baker Botts, LLP, Austin, TX

3:30 p.m. – 5:00 p.m.
(Breakout Session 3A) Hot Issues in Environmental Crimes and Enforcement
Criminal prosecution continues to be a critical component of federal environmental enforcement. In 2006, U.S. EPA initiated more than 300 criminal cases, of which 278 were referred to U.S. Department of Justice for prosecution. These prosecutions resulted in 154 years of prison sentences and $71 million in criminal fines and judicially mandated environmental projects. This program will provide an update on environmental criminal prosecutions in Region 4 and around the country. The panel will also provide prosecutorial and defense perspectives on criminal investigations, factors for determining when enforcement will be criminal versus civil, and enforcement trends and priorities for 2007.

Moderator:
W. Bruce Pasfield, Alston & Bird, LLP, Washington, DC

Panelists:
Fred Burnside, Special Agent in Charge, Criminal Investigation Division, U.S. Environmental Protection Agency, Region 4, Atlanta, GA
James Morgulec, Senior Counsel, Environmental Crimes Section, U.S. Department of Justice, Washington, DC
Simon Miller, Regional Criminal Enforcement Counsel, Office of Environmental Accountability, U.S. Environmental Protection Agency, Region 4, Atlanta, GA