Water Wars in the East:
The Newest Legal Battlefield

---

31st National Spring Conference on the Environment
May 30, 2003 - Baltimore, Maryland

Sponsored By
ABA Standing Committee on Environmental Law

Hosted By
University of Maryland School of Law Environmental Law Program

In Association With
ABA Section of Administrative Law and Regulatory Practice
ABA Section of Environment, Energy, and Resources
ABA Section of State and Local Government Law

31st National Spring Conference on the Environment

This inter-disciplinary conference brings into focus critical water supply challenges facing the Eastern United States. The growing frequency of water shortages in the East has led to water use bans, controversial development limitations, and interstate struggles over shared water supplies. A mix of local zoning regulations, state-wide "smart growth" policies, federal utility licensing requirements, and regional watershed agreements, among other factors, complicates the search for solutions. A diverse faculty will address:

• FERC Relicensing Proceedings - and the competition for water supply
• Interstate Battles Over Water - conflicts in the Chattahoochee/Apalachicola Basin and lessons from the Delaware River Basin
• State Law Developments - including capacity use area regulation and interbasin transfers
• Local Regulation of Water Use - local, regional, and state government perspectives on key regulatory, planning and infrasturcture issues
• The Future of Water Supply in the East - alternative supplies and technologies, privatization, and the economics of financing.

Join leading academics, government officials, private practitioners, and engineers as they grapple with the critical water supply challenges facing states in the Eastern U.S.

PROGRAM
Friday, May 30, 2003
Ceremonial Moot Court Room

8:00 - 8:15 am	Coffee/Tea
8:15 - 8:30 am	WELCOME Robert V. Percival, Director, Environmental Law Program, University of Maryland School of Law, Baltimore, MD Meghan H. Magruder, Partner, Hale & Dorr LLP, Washington, DC Chair, ABA Standing Committee on Environmental Law INTRODUCTION OF KEYNOTE SPEAKER
8:30 - 9:15 am	OPENING KEYNOTE PRESENTATION: The Crisis in Water Resources in the East Benjamin H. Grumbles, Deputy Assistant Administrator, Office of Water, U.S. Environmental Protection Agency, Washington, DC
9:15 - 10:15 am	Track 1: FERC RELICENSING PROCEEDINGS AND THE COMPETITION FOR WATER SUPPLY Moderator: Blake Biles, Partner, Arnold & Porter, Washington, DC Speakers: William J. Madden, Jr., Partner, Winston & Strawn, Washington, DC Daniel M. Adamson, Of Counsel, Davis Wright Tremaine LLP, Washington, DC Margaret Bowman, Deputy Vice-President for Conservation, American Rivers, Washington, DC
10:15 - 10:30 am	Break
10:30 am - 12:00 Noon	Track 2: INTERSTATE BATTLES OVER WATER Moderator: David R. Hodas, Professor of Law, Widener University School of Law, Wilmington, DE Speakers: Kenneth J. Warren, General Counsel, Delaware River Basin Commission; Partner, Wolf, Block, Schorr & Solis-Cohen LLP, Philadelphia, PA Teri Donaldson, General Counsel, Florida Department of Environmental Protection, Tallahassee, FL John H. Hankinson, Jr., Consultant; former Administrator, USEPA Region 4, Atlanta, GA R. Todd Silliman, Partner McKenna Long & Aldridge, Atlanta, GA
12:00 - 1:30 pm	CONFERENCE LUNCH
1:00 pm	INTRODUCTION OF KEYNOTE SPEAKER Roger W. Sims, Partner, Holland & Knight, Orlando, FL LUNCHEON KEYNOTE PRESENTATION: Lessons from the West A. Dan Tarlock, Distinguished Professor of Law and Director, Program in Environmental and Energy Law, Chicago-Kent College of Law, Illinois Institute of Technology, Chicago, IL
1:30 - 2:30 pm	Track 3: STATE LAW DEVELOPMENTS Moderator: Steven J. Levitas, Partner, Kilpatrick Stockton LLP, Raleigh, NC Speakers: John Morris, Director, North Carolina Division of Water Resources, Department of Environment and Natural Resources, Raleigh, NC Jake Varn, Of Counsel, Fowler White Boggs Banker, Tallahassee, FL John T. Hines, Acting Deputy Secretary for Water Management, Pennsylvania Department of Environmental Protection, Harrisburg, PA
2:30 - 3:30 pm	Track 4: LOCAL REGULATION OF WATER USE Moderator: Gus Bauman, Of Counsel, Beveridge & Diamond, P.C., Washington, DC Speakers: Matthew G. Pajerowski, Chief, Water Rights Division, Maryland Department of the Environment, Baltimore, MD Michael Marschner, Director, Division of Utilities and Solid Waste Management, Frederick County, MD Richard A. Cairo, General Counsel and Secretary to the Commission, Susquehanna River Basin Commission, Harrisburg, PA
3:30 - 3:45 pm	Break
3:45 - 5:00 pm	Track 5: SOLVING THE CRISIS THROUGH INNOVATION Moderator: Millie Judge, Senior Deputy Prosecuting Attorney, Civil Division, Snohomish County Prosecutor's Office, Everett, WA Speakers: Brian Clarke, Vice President and General Counsel, North American Operations, United States Filter Corporation, Evanston, IL Edwin Snyder, P.E., DEE, Vice President, CH2Mhill
5:00 pm	Program Adjourns
5:00 - 6:00 pm	CONFERENCE RECEPTION

 

FINANCIAL SUPPORT FOR THIS PROGRAM HAS BEEN
GENEROUSLY PROVIDED BY

Arnold & Porter • Beveridge & Diamond, P.C. • Blank Rome LLP • Hale & Dorr LLP
Holland & Knight LLP • Kilpatrick Stockton LLP • PBS&J • CH2MHill
ENVIRON International Corporation • Weston Solutions

THE CONFERENCE HOST AND SITE

This conference is hosted by the University of Maryland School of Law and takes place in the Ceremonial Moot Court Room at the Nathan Patz Law Center, 500 W. Baltimore St., Baltimore, Maryland.

Traveling to the Conference Site

• By car: From I-95 take route 395 ("Downtown Baltimore") and exit onto Martin Luther King, Jr. Blvd. Turn right at fourth traffic light onto Baltimore Street. Turn left at second traffic light onto Paca Street. Go ¼ block and turn right into the Baltimore Grand Garage. Lexington Market garages also are available on Paca Street. Parking fees must be paid by participants. The Law School is directly across the street from the Garage.
  
  
• By Plane: Conference participants can use any of three regional airports. The closest and most convenient is Baltimore-Washington International (BWI). If you prefer to fly into the Washington, DC area, use Reagan National Airport or Washington Dulles International Airport. Shuttle and light rail are available when flying into BWI, and rental car transportation is available at all three airports.
  
  
• By Train: Baltimore's Penn Station is on main Amtrak routes and close to the School of Law. More information can be found at http://www.amtrak.com/stations/bal.html. Amtrak and MARC trains also run from Union Station in Washington, DC to Camden Yards and Penn Station in Baltimore (Note: MARC runs only Monday-Friday).

Special Needs

Any person with disabilities who would like to attend the program and who has special needs should contact Laura Mrozek at the Law School at least 72 hours in advance at 410-706-8157.

Accommodations
A block of rooms has been held at the Holiday Inn-Inner Harbor, 301 W. Lombard St., Baltimore, MD 21201. This is three blocks from the law school. To receive our special rate of $99 + tax, advise the hotel that you are with the ABA/University of Maryland group. Call 410-685-3500 or 1-800-HOLIDAY.

---

STANDING COMMITTEE ON ENVIRONMENTAL LAW

Chair: Meghan H. Magruder, Washington, DC

Members
Jane F. Barrett, Washington, DC	Millie Judge, Everett, WA
Katerina M. Eftimoff, Columbus, OH	Steven J. Levitas, Raleigh, NC
Robert L. Falk, San Francisco, CA	Raymond C. Marshall, San Francisco, CA
Paul E. Hagen, Washington, DC	Roger W. Sims, Orlando, FL
David R. Hodas, Wilmington, DE	Carole Stern Switzer, Tucson, AZ
Board of Governors Liaison: Cara Lee T. Neville, Minneapolis, MN

Conference Planning Committee
Steven J. Levitas, Raleigh, NC, Co-Chair	David R. Hodas, Wilmington, DE
Roger W. Sims, Orlando, FL, Co-Chair	Millie Judge, Everett, WA
Blake A. Biles, Washington, DC	Steven T. Miano, Philadelphia, PA
Paul E. Hagen, Washington, DC	Jay Stein, Albuquerque, NM