Next Generation of Environmental Law by fsb96139

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									    A B A   S E C T I O N   O F
                                  American Bar Association
    ENVIRONMENT
    ENERGY   AND   RESOURCES      Section of Environment, Energy, and Resources



38th Annual
Conference
on Environmental
Law
March 12–15, 2009
Keystone Resort and
Conference Center
Keystone, Colorado
38th Annual
Conference on
Environmental Law
The ABA Section of Environment, Energy, and
Resources is pleased to offer this outstanding
conference at the magnificent Keystone Resort
and Conference Center in Keystone, Colorado.
This unique program has been developed to provide
advanced-level practitioners with insights into the
latest developments, challenges, and opportunities
for the Next Generation of Environmental Law in a
time of transition in the Presidency, Congress,
and the States. Breakout sessions will offer          Dr. Amory B. Lovins
up-to-the-minute information on a variety of
substantive and practice-oriented topics, while
daily plenary sessions will focus on cross-cutting
issues of interest to all environmental, energy,
and resource lawyers, including ethics.


Presenters include:
• Keynote speaker Dr. Amory B. Lovins, Rocky
  Mountain Institute Co-founder, Chairman,
  and Chief Scientist;                                   Lynne Cherry
• Lynne Cherry, author and filmmaker;
• Jeff Yeager, author, humorist
  and media personality;
• John Dernbach, Professor of Law and
  Editor, Agenda for a Sustainable America;
• Special speakers from the new Administration
  and Congress (not available at press time);
• 70 leading environmental lawyers, policymakers,
  and advocates from around the globe; and
• 10 top environmental science, engineering               Jeff Yeager
  technology, and related service providers.




2
Programs include:
• Thursday technical roundtables on cutting edge issues at the intersection
  of law and science, technology and engineering;
• Friday, Saturday and Sunday plenary sessions on the landscape facing
  the new Administration and Congress, including Climate and Energy
  Policy, Enforcement, Next Generation Issues, Hot Topics, and Ethics;
• Featured presentations on Thursday, Friday, Saturday and Sunday; and
• Saturday breakout sessions on Supreme Court Update, Clean Air Act
  Decisions for the Next EPA Administrator, Balancing Water Quality
  with the Demands of Modern Society, and Environmental Impact
  Assessment under NEPA.

Special Events include:
• Keynote Speaker Dr. Amory B. Lovins on Thursday
• Receptions Thursday and Friday early evening;
• Meet the Authors Friday morning;
• Celebration and Sendoff Gala, Friday Night. The Annual Conference on
  Environmental Law will be held at least through 2010 and 2011 in Salt
  Lake City, Utah. We’ll take the opportunity to celebrate the Section’s four
  decades in Colorado with good food and friends, live music and a special
  guest speaker or two. Family and friends are encouraged to join us!;
• Perspectives for the Next Generation program Saturday afternoon
  featuring Ms. Cherry and Mr. Yeager. Family and friends are invited
  and welcome!;
• Closing Speaker, John Dernbach, Sunday breakfast; and
• Numerous Networking Opportunities
Note: Make your travel plans to arrive early
on Thursday, March 12, 2009.


Bring your Family to
the Keystone Resort
http://keystone.snow.com/
Keystone is the perfect place to bring
family while taking advantage of the
premier educational sessions of the
Conference. The Ski and Ride School
is an excellent way to learn or improve
upon skiing skills. Not a skier? There
is something for everyone! You can
enjoy activities ranging from ice
skating to sleigh rides. The Keystone
Children’s Center also offers several
fun options for youth activities. In
addition, friends and families are
encouraged to attend the Friday Gala
and Saturday afternoon programs.




                                                                                3
                                  Program Chair
                                      James R. May
      Annual                  Widener University School of Law
 Section Sponsors                     Wilmington, DE


                             Planning Committee
                                    Federico Cheever
                                   Sturm College of Law,
                                    University of Denver
                                        Denver, CO
                                  Christopher P. Davis
                                   Goodwin Procter LLP
                                       Boston, MA
                                 Michelle Diffenderfer
                               Lewis, Longman & Walker, P.A.
                                   West Palm Beach, FL
                                  Pamela R. Esterman
                                 Sive, Paget & Riesel, P.C.
                                       New York, NY
  Double Diamond                   David M. Friedland
     Sponsors                      Program Chair, 2010
                                 Beveridge & Diamond, P.C.
                                      Washington, DC
 TRC Companies, Inc.
                                  Kathleen Hennessey
 Weston Solutions, Inc.                Chrysler LLC
                                      Washington, DC
Black Diamond Sponsors             Jonathan W. Kahn
                                   Program Chair, 2011
    AMEC Geomatrix             Blake, Cassels & Graydon LLP
          CTEH                      Toronto, ON Canada

   Environmental Data               Howard Kenison
                                 Lindquist & Vennum PLLP
  Resources, Inc. (EDR)                 Denver, CO
   Malcolm Pirnie, Inc.          David G. Mandelbaum
                           Ballard Spahr Andrews & Indersoll, LLP
  Quest Consulting, Inc.              Philadelphia, PA
                                   Stacey H. Mitchell
                                U.S. Department of Justice
                               Environmental Crimes Section
                                      Washington, DC
                                     Irma S. Russell
                             University of Tulsa College of Law
                              National Energy-Environment
                                   Law Policy Institute
                                         Tulsa, OK
                                     Lesley Schaaff
                                 U.S. EPA Office of Policy,
                                 Economics and Innovation
                                      Washington, DC
                                     Mark Squillace
                                  University of Colorado
                               Natural Resources Law Center
                                        Boulder, CO
                                 James M. Stuhltrager
                               Army Environmental Command
                               Aberdeen Proving Ground, MD
                                   Mary Ellen Ternes
                                     McAfee & Taft P.C.
                                     Oklahoma City, OK
                                      Daniel Worth
                                  National Association of
                                Environmental Law Societies
                                    Jamaica Plains, MA
                       CONFERENCE
                         SCHEDULE
Thursday, March 12, 2009
1:30 p.m.– 7:30 p.m.   Registration

4:00 p.m.–4:15 p.m.    Welcome and Opening Remarks
                       Claudia Rast, Section Chair, Pear Sperling Eggan & Daniels, PC, Ann Arbor, MI
                       James R. May, Program Chair, Professor, Widener University School of Law,
                       Wilmington, DE


4:15 p.m.–5:15 p.m.    Keynote Speaker: Dr. Amory B. Lovins
                       Profitable Solutions to Oil, Climate, and Proliferation
                       Oil dependence, climate change, and the spread of nuclear bombs are
                       all artifacts of not using energy in a way that saves money. All can be
                       prevented by using new energy-efficiency design techniques that yield
                       expanding returns—making very large savings cheaper than small
                       or no savings—and by market shifts already dramatically underway
                       toward a more diverse, dispersed, renewable, resilient supply system
                       for both mobility fuels and electricity. The subject matter of energy
                       law is thus likely to undergo considerable change, led by business
                       for profit, whether or not it’s also driven by public policy.
                       KEYNOTE SPEAKER:
                       Dr. Amory B. Lovins, Rocky Mountain Institute, Snowmass, CO


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

5:30 p.m.–7:15 p.m.    Technical Roundtables
                       Hosted by the Section’s Annual Sponsors, 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 enhance views
                       during three different roundtables presentations of your choosing.
                       ROUNDTABLE TOPIC PRESENTATIONS:
                       AMEC Geomatrix: TMDLs—Balancing Science, Economic Growth and
                       Water Quality Policy
                       BNA: EPA’s ANPR on Regulating Carbon Dioxide—What Your Clients Need
                       to Know
                       CTEH: From Environmental Needles in a Haystack to Community-Wide
                       Health Issues: Case Studies in Innovative Technical Support
                       Environmental Data Resources, Inc. (EDR): ASTM E 2600-08 Vapor
                       Intrusion Standard: Experience in the U.S. Marketplace
                       Exponent: Vulnerabilities and Risk Exposures from Climate and Related
                       Changes
                       Malcolm Pirnie, Inc.: Integrated Natural Resource Management: Valuing
                       Assets in a Sustainable Environment
                       Marsh: Tightening Credit . . .Failed Indemnities . . .Bankruptcy. . . Oh My!
                       Addressing Environmental Liabilities During Global Financial Turmoil
                       Quest Consulting, Inc.: Forensic Investigation Is Not Just an ASTM
                       Phase I or II
                       TRC Companies, Inc.: Unraveling Compliance with Upcoming Federal
                       Climate Legislation and Regulation; What Every Attorney Must Know
                       Weston Solutions, Inc.: Environmental Aspects of Old and Renewable
                       Energy Production, Transport and Transmission


7:15 p.m.–8:15 p.m.    Reception (cash bar)
                       Sponsored by TRC Companies, Inc.



                                                                                                       5
                                          CONFERE
Friday, March 13, 2009
7:00 a.m.–8:00 a.m.    Breakfast & Meet the ABA Section of
                       Environment, Energy, and Resources’ Authors
                       Hosted by the Section’s Book Publications Board, this is a unique
                       chance to meet and network with authors and editors of the Section’s
                       most popular publications along with other program attendees who
                       share your interests.


8:00 a.m.–8:10 a.m.    Opening Remarks:
                       James R. May, Program Chair, Professor of Law and Adjunct Professor
                       of Engineering, Widener University, Wilmington, DE


8:10 a.m.–10:00 a.m.   Plenary Session: Are We Moving Now?
                       Climate Change under a New President
                       and New Congress
                       With the election of 2008 behind us, EPA’s requirement to act on
                       the Supreme Court’s decision in Massachusetts v. EPA that greenhouse
                       gases are “air pollutants,” and the need to finalize the international
                       framework for a post-2012 global climate regime by the end of
                       2009, the United States appears ready to move more aggressively
                       on comprehensive legislative and regulatory actions to address
                       climate change. This facilitated plenary discussion will summarize
                       the landscape facing the new Administration and Congress, describe
                       the most likely actions related to both mitigation and adaptation,
                       and connect these actions to some of the most critical issues facing
                       our clients and our next generation.
                       MODERATOR:
                       David M. Friedland, Beveridge & Diamond, P.C., Washington, DC
                       SPEAKERS:
                       David D. Doniger, Policy Director, Natural Resources Defense Council Climate
                       Center, Washington, DC
                       Michael Gerrard, Arnold & Porter LLP, New York, NY
                       Martin A. Spitzer, Director, Legislative Affairs, Center for Clean Air Policy,
                       Washington, DC
                       New Administration Representative (to be announced)


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


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

10:30 a.m.–12:00 p.m. The Impact of Global Climate Change and Energy:
                       Developments on Endangered Species
                       Global climate change has the potential to have tremendous impacts
                       on protected species. The need to combat climate change and to
                       address national security and economic concerns have also intensified
                       efforts to maintain and develop alternative energy sources, which in
                       turn are increasing the conflicts between energy development and
                       species protection. This panel will explore the impact of global
                       climate change and energy development on implementation of the
                       Endangered Species Act, and what it means to the next generation.
                       MODERATOR:
                       Federico Cheever, Professor of Law and Director, Environmental and Natural
                       Resources Law, Sturm College of Law, University of Denver, Denver, CO

                       SPEAKERS:
                       Michael Bogert, Counselor to the Secretary, U.S. Department of the Interior,
                       Washington, DC
                       Jeffrey W. Leppo, Stoel Rives LLP, Seattle, WA
                       Kieran Suckling, Executive Director, Center for Biological Diversity,
                       Tucson, AZ



6
NCE SCHEDULE
10:30 a.m.–12:00 p.m. Climate Change Federalism: Fate of Regional
                      and State Climate Change Initiatives
                      In the absence of federal action on climate change, state and regional
                      strategies have filled the void. These include regional/international
                      cap and trade systems, entirely new approaches, and more traditional
                      regulation. A comprehensive approach to climate change will require
                      regulation in areas traditionally left to state and local governments,
                      such as regulations for utilities, building codes, transportation,
                      and land use. With federal action looking more likely, what should
                      happen to these state and regional efforts? To what extent should
                      state strategies be incorporated into, encouraged by, or preempted
                      by federal action?
                      MODERATOR:
                      Ross Macfarlane, Senior Advisor, Business Partnerships, Climate Solutions,
                      Seattle, WA

                      SPEAKERS:
                      David D. Doniger, Policy Director, Climate Center, Natural Resources Defense
                      Council, Washington, DC
                      Robert B. McKinstry, Jr., Ballard Spahr Andrews & Ingersoll, LLP,
                      Philadelphia, PA
                      Mary Nichols, Chair, California Air Resources Board, Sacramento, CA


10:30 a.m.–12:00 p.m. Constitutional Issues in Climate Change
                      How does the U.S. Constitution affect climate change? This panel will
                      discuss several constitutional doctrines that are currently affecting
                      efforts to address climate change, including: (1) the standing of states,
                      citizens and environmental groups to compel governmental action;
                      (2) the political question doctrine and hurdles for public nuisance suits;
                      (3) the supremacy clause and federal preemption; and (4) justiciability
                      and the ability of federal courts to supervise long-term remedies.
                      Panelists will include several of the litigants in key cases.
                      MODERATOR:
                      Trish McCubbin, Associate Professor of Law, Southern Illinois University
                      School of Law, Carbondale, IL

                      SPEAKERS:
                      Theodore J. Boutrous, Jr., Gibson, Dunn & Crutcher LLP, Los Angeles, CA
                      Matthew F. Pawa, Law Offices of Matthew F. Pawa, P.C., Newton Centre, MA
                      Harrison Pollak, State of California Attorney General’s Office, Oakland, CA


10:30 a.m.–12:00 p.m. TSCA: Is Chemical Management
                      Reform Needed?
                      Chemical testing and risk management have taken center stage
                      as an area in need of regulatory and potential legislative reform.
                      Congress, EPA and the EU have each introduced “reforms” designed
                      to improve the quality and quantity of information available on
                      chemicals and to safeguard the public from potential exposures
                      of concern. This includes the EU’s adoption of the Registration,
                      Evaluation, and Authorization of Chemicals (REACH) program,
                      which over an eleven year period is expected to involve 30,000
                      chemicals. This program will explore these and related
                      developments in 2009 and thereafter.
                      MODERATOR:
                      Lesley Schaaff, Director, Policy and Regulatory Analysis Division,
                      Office of Policy, Economics and Innovation, U.S. Environmental Protection
                      Agency, Washington, DC

                      SPEAKERS:
                      Lynn L. Bergeson, Bergeson & Campbell, P.C., Washington, DC
                      Richard A. Denison, PhD, Senior Scientist, Environmental Defense Fund,
                      Washington, DC
                      Koen Van Maldegem, Partner, Field Fisher Waterhouse LLP, Brussels, Belgium


12:00 p.m.–12:30 p.m. Lunch (ticketed event)


                                                                                                     7
                                         CONFERE
12:30 p.m.–1:30 p.m.   Environmental Agenda for a New President:
                       Keen Insight to the Opportunities, Challenges,
                       and Priorities Facing the New Administration
                       SPEAKER:
                       New Administration Representative (to be announced)


1:30 p.m.–3:15 p.m.    Plenary Session: New Tools, Higher Stakes:
                       Next Generation Issues in Civil and Criminal
                       Environmental Enforcement
                       With the new administration, environmental enforcement will face a
                       host of next-generation issues. This presentation will provide a broad
                       overview of environmental civil and criminal enforcement challenges
                       and priorities. On the civil side, panelists will discuss proposed
                       changes to EPA’s enforcement priorities as well as new measurements
                       to evaluate enforcement effectiveness. Criminal topics will include
                       enforcement priorities, voluntary disclosure, corporate cooperation
                       and other factors that may affect changing decisions, as well as the
                       emerging role of the Crime Victims Rights Act. Finally, the panel will
                       engage in a robust discussion of the mechanics and resolution of a
                       typical enforcement case.
                       MODERATOR:
                       Catherine D. Little, Hunton & Williams LLP, Atlanta, GA
                       SPEAKERS:
                       Margaret Hoffman, Managing Counsel, Environmental Practice Group,
                       Chevron U.S.A. Inc., San Ramon, CA
                       Catherine R. McCabe, Principal Deputy Assistant Administrator, Office of
                       Enforcement and Compliance Assurance, U.S. Environmental Protection Agency,
                       Washington, DC
                       Stacey H. Mitchell, Chief, Environmental Crimes Section, U.S. Department
                       of Justice, Washington, DC
                       Eric Schaeffer, Executive Director, Environmental Integrity Project,
                       Washington, DC


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

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

3:30 p.m.–5:00 p.m.    Energy & Sustainability: Resolving Conflicts in
                       Setting Sustainability Standards for Cities and
                       Agriculture with Biofuels and Nanotechnology
                       This session addresses controversies in emerging sustainability
                       standards in cities and agriculture, including biofuels and
                       nanotechnology. An American National Standards Institute
                       (ANSI) proposed national standard for “Sustainable Agriculture”
                       and the International Council for Local Environmental Initiatives
                       (ICLEI) and U.S. Green Buildings Council proposed a standard (STAR)
                       for sustainable cities—a potential benchmark for hundreds of
                       mayoral initiatives. Innovations in nanotechnology LED lighting
                       and photovoltaic will serve cities, along with “green buildings,”
                       “green procurement” and biofuels. From really big to really small—
                       this panel addresses the dirty truth behind scaling up renewables
                       and nanotechnology options for clean, alternative energy.
                       MODERATOR:
                       William R. Blackburn, William Blackburn Consulting, Ltd., Long Grove, IL
                       SPEAKERS:
                       Nanotechnology: Michael E. Heintz, Porter Wright Morris & Arthur LLP,
                       Columbus, OH
                       Agriculture: Eileen McLellan, Environmental Defense Fund, Washington, DC
                       Cities: Rosemarie Russo, Sustainability Coordinator, City of Fort Collins,
                       Fort Collins, CO




8
NCE SCHEDULE
3:30 p.m.–5:00 p.m.   Pipe Dream or Rescue?
                      Is Carbon Capture and Storage Viable?
                      Whether carbon capture and sequestration provides a technically
                      and commercially viable means of carbon capture and storage is
                      a key question in assessing means to reduce carbon emissions
                      from fossil fuel combustion. This panel will discuss the issue of
                      how executive offices of government (state, federal and international)
                      are wrestling with the issue; the role the Safe Drinking Water Act
                      plays in establishing operational standards for injection of CO2;
                      successes and failures in R&D; and potential investment and
                      planning for CCS.
                      MODERATOR:
                      Claudia Rast, Section Chair, Pear Sperling Eggan & Daniels, PC, Ann Arbor, MI
                      SPEAKERS:
                      James L. Connaughton, Chairman, Council on Environmental Quality,
                      The White House, Washington, DC
                      Emily Rochon, Greenpeace International, Amsterdam, Netherlands
                      Gary O. Spitznogle, American Electric Power, IGCC Development & CCS
                      Engineering, Columbus, OH


3:30 p.m.–5:00 p.m.   Natural Resource Damages
                      Natural Resource Damages (NRD) litigation under state and federal
                      law has increased exponentially. As this trend continues it is critical
                      for attorneys practicing environmental and natural resource law to
                      understand the nature of NRD claims and be able to evaluate both
                      the risks and options available to their clients. This presentation will
                      provide an overview of the elements involved in the assertion of NRD
                      claims and insight into the process for claim valuation, including a
                      review of recent NRD case law, a summary of the Department of
                      Interior’s proposal for new NRD regulations, and a discussion of
                      what that may mean to your clients and the next generation.
                      MODERATOR:
                      Cynthia Chandley, Ryley Carlock & Applewhite, Phoenix, AZ
                      SPEAKERS:
                      P. David Allen II, Vice President, Stratus Consulting Inc., Marquette, MI
                      John Carlucci, Office of the Solicitor, U.S. Department of the Interior,
                      Washington, DC
                      Fred Wagner, Beveridge & Diamond, Washington, DC


3:30 p.m.–5:00 p.m.   Life in the Global Environmental Economy—
                      What You Can’t Learn From the Internet
                      With the click of a mouse, American environmental attorneys can
                      read laws governing hundreds of jurisdictions around the world. But
                      often, what you really need to know can’t be found in the legislation.
                      In this panel, leading practitioners from around the world will tell
                      you what you really need to know (and when to cry for local help)
                      in order to advise your clients on environmental aspects of doing
                      business in important foreign jurisdictions. Hear about key aspects
                      of legislation, and what is not in the written legislation, and what
                      you need to know about the next generation of environmental laws
                      affecting some of our key trading partners.
                      MODERATOR:
                      Jonathan W. Kahn, Blake, Cassels & Graydon LLP, Toronto, ON, Canada
                      SPEAKERS:
                      David Desforges, Gide Loyrette Nouel A.A.R.P.I., Paris, France
                      Luiz Fernando Henry Sant’Anna, Demarest e Almeida Advogados,
                      São Paulo, Brazil
                      Christopher Tung (invited), Mallesons Stephen Jaques, Hong Kong, China
                      Andrew J. Waite, Berwin Leighton Paisner, London, United Kingdom




                                                                                                      9
                                         CONFERE
5:00 p.m.–6:00 p.m.    Section Committee Chairs Group Meeting
                       The Section’s committee chairs will meet to discuss action plans
                       and strategies for 2009.


6:00 p.m.–7:00 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.


7:00 p.m.–8:00 p.m.    Reception (cash bar)
                       Sponsored by Weston Solutions, Inc.


8:00 p.m.–10:30 p.m.   Celebration and Sendoff Gala Celebrating
                       Nearly Four Decades at Keystone (ticketed event)


Saturday, March 14, 2009
7:00 a.m.–8:00 a.m.    Breakfast & Hot Topics: A Brief Survey
                       of Recent Developments in Some Key Areas
                       MODERATOR:
                       Arlena M. Barnes, Bonneville Power Administration, Portland, OR
                       SPEAKERS:
                       Environmental Citizen Suits: Eric E. Huber, Senior Staff Attorney,
                       Sierra Club Environmental Law Program, Boulder, CO
                       Environmental Human Rights: Prof. Svitlana Kravchenko,
                       University of Oregon, School of Law, Eugene, OR
                       Legislative Developments: Jim Wrathall, Senior Counsel, Senate
                       Committee on Environment and Public Works, Washington, DC (invited)


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


8:10 a.m.–10:00 a.m.   Plenary Session: The Next Generation
                       of Environmental Law
                       This panel will discuss how ongoing changes at the Presidential,
                       Congressional, executive and legislative, as well as state and
                       international levels will affect the practice of law for the next
                       generation of environmental, energy, resource lawyers. What do
                       these changes mean to you, your firm, your clients, your constituents,
                       and your practice? This panel will discuss new responses to pressing
                       challenges involving climate change, energy policy, water quantity
                       and quality, species loss, air emissions, natural resources, impact
                       assessment, chemicals, and land use and remediation. At bottom,
                       this panel will forecast environmental, energy, and natural resources
                       law for the next generation.
                       MODERATOR:
                       James R. May, Program Chair, Professor, Widener University School of Law,
                       Wilmington, DE

                       SPEAKERS:
                       Reshard J. Alexander, ABA Law Student Division Liaison to the
                       Section, West Virginia School of Law, Morgantown, WV
                       John E. Bonine, Professor, University of Oregon, Eugene, OR
                       Karin P. Sheldon, Executive Director, Western Resource Advocates,
                       Boulder, CO
                       Daniel Worth, Executive Director, National Association of Environmental
                       Law Societies (NAELS), Jamaica Plains, MI




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


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

10:30 a.m.–12:00 p.m. Supreme Court Update
                     In this astonishing term, the Supreme Court has agreed to hear
                     seven environmental cases: Summers v. Earth Island Institute (whether
                     environmental organization possesses standing to challenge the
                     validity of a Forest Service regulation); Winter v. NRDC (Navy’s use of
                     sonar due to impacts on marine mammals); Entergy Corp. v. EPA and
                     Riverkeeper (whether EPA may compare costs with benefits in setting
                     technology-based standards for cooling water intake structures under
                     the CWA); Corps Alaska, Inc. v. Southeast Alaska Conservation Council
                     (whether gold mining discharges are subject to § 402 instead of § 404
                     of the CWA); Carcieri v. Kempthorne, (whether DOI has authority to take
                     land into trust for Indian Tribes that were not federally recognized
                     when Congress enacted the Indian Reorganization Act in 1934); U.S.
                     v. Navajo Nation (whether DOI renewal of a mineral lease breached a
                     trust obligation to the Nation); and Burlington Northern & Sante Fe v.
                     U.S. (whether CERCLA authorizes joint and several liability for those
                     who arrange for disposal).
                     MODERATOR:
                     Mark Squillace, Professor, University of Colorado, Natural Resources Law
                     Center, Boulder, CO

                     SPEAKERS:
                     Kristy A.N. Bulleit, Hunton & Williams LLP, Washington, DC
                     Robin Kundis Craig, Attorneys’ Title Insurance Fund Professor of Law, Florida
                     State University College of Law, Tallahassee, FL
                     John Cruden, Deputy Assistant Attorney General, Environment and Natural
                     Resources Division, U.S. Dept. of Justice, Washington, DC
                     Theodore L. Garrett, Partner, Covington & Burling LLP, Washington, DC


10:30 a.m.–12:00 p.m. The Top Five Clean Air Act Decisions
                     for the Next EPA Administrator
                     The next EPA Administrator will arrive with several priority decisions
                     related to air pollution to make many views on what those priorities
                     should be. These topics likely will include developing a regulatory
                     approach toward addressing climate change, and developing
                     responses to the DC Circuit’s vacatur of the Clean Air Interstate
                     Rule (“CAIR”) and the Clean Air Mercury Rule (“CAMR”). Participants
                     will discuss the five Clean Air Act issues they believe the EPA
                     Administrator should make a priority.
                     MODERATOR:
                     Roger R. Martella, Jr., Sidley & Austin, Washington, DC
                     SPEAKERS:
                     David Bookbinder, Chief Climate Counsel, Sierra Club, Washington, DC
                     Mary Nichols, Chair, California Air Resources Board, Sacramento, CA
                     William L. Wehrum, Partner, Resources, Regulatory & Environmental Law,
                     Hunton & Williams, Washington, DC


10:30 a.m.–12:00 p.m. Water Quality Standards Take Center Stage:
                     Balancing Water Quality with the Demands
                     of Modern Society
                     Water Quality Standards are the backbone of virtually all regulatory
                     programs under the Clean Water Act. NPDES Permits, Total Maximum
                     Daily Loads, and all of the myriad of CWA grant programs largely
                     exist for the purpose of ensuring that beneficial uses of water
                     (e.g., fishable, swimmable), and the water quality criteria necessary
                     to protect them, are achieved and maintained in Waters of the
                     United States. As the population increases and climate change
                     exacerbates demands upon existing water supplies, attainment




                                                                                                     11
                                         CONFERE
                       of water quality standards will continue to be one of the primary
                       regulatory challenges facing stakeholders on all sides of the water
                       quality debate and the next generation.
                       MODERATOR:
                       Alexandra Dunn, Assistant Dean of Environmental Law Programs,
                       Center for Environmental and Legal Studies, Pace University School of Law,
                       White Plains, NY

                       SPEAKERS:
                       Jeremy Jungreis, Counsel, Nossaman, Gunther, Knox and Elliot, LLP,
                       Irvine, CA
                       James Keating, Senior Water Program Advisor, Office of Water, U.S.
                       Environmental Protection Agency, Washington, DC
                       Nancy Stoner, Natural Resources Defense Council, Washington, DC


10:30 a.m.–12:00 p.m. Environmental Impact Assessment under NEPA:
                       Key Challenges for the Next 40 Years
                       With the 40th anniversary of NEPA approaching, this panel
                       will take a broad look at how environmental impact assessment
                       can and should evolve in coming decades to better serve agencies
                       and the public to address emerging environmental challenges.
                       Panelists will consider issues such as: legislative efforts to
                       streamline or waive NEPA requirements; application of NEPA
                       to climate change, emerging technologies, and renewable energy
                       sources; and potential innovations to make NEPA more efficient,
                       flexible, and responsive.
                       MODERATOR:
                       Nicholas C. Yost, Sonnenschein Nath & Rosenthal LLP, San Francisco, CA
                       SPEAKERS:
                       Bob Dreher, Vice President for Conservation Law, Defenders of Wildlife,
                       Washington, DC
                       Horst Greczmiel, Associate Director for NEPA Oversight, Council on
                       Environmental Quality, Washington, DC
                       Steve Jones, Marten Law Group, Seattle, WA
                       George Kimbrell, Staff Attorney, International Center for Technology
                       Assessment & The Center For Food Safety, Washington, DC


12:00 p.m.–3:00 p.m.   Afternoon Program: Perspectives
                       for the Next Generation
                       Families, spouses, significant others and friends of registered
                       attendees are invited and encouraged to attend!


12:00 p.m.–1:15 p.m.   Afternoon Luncheon with
                       Featured Speaker: Lynne Cherry
                       (ticketed event)
                       Cherry is a filmmaker and children’s environmental book writer.
                       She will talk about How We Know What We Know About Our Changing
                       Climate, Scientists and Kids Explore Global Warming, on which she
                       collaborated with photographer and writer Gary Braasch. It combines
                       photos from World View of Global Warming with the stories of scientists
                       researching the effects of global warming. The book showcases kids
                       who are studying weather and climate and what some of them have
                       done with this knowledge in their schools and communities.
                       SPEAKER:
                       Lynne Cherry, Author and Filmmaker, How We Know What We Know About
                       Our Changing Climate, Scientists and Kids Explore Global Warming


1:15 p.m.–1:30 p.m.    Book Signing and Networking Break




12
NCE SCHEDULE
1:30 p.m.–2:30 p.m.    Featured Speaker: Jeff Yeager
                       Jeff Yeager is the author of The Ultimate Cheapskate’s Road Map to True
                       Riches: A Practical (and Fun) Guide to Enjoying Life More by Spending Less.
                       Yeager specializes in an offbeat blend of original humor and practical
                       advice for living a better life by spending and consuming less. He has
                       appeared regularly on the NBC TODAY Show, and has hosted a series
                       of segments, $aving Green by Living Green, on G-Word, an environmental
                       news show on Discovery television’s new PLANET GREEN network.
                       Yeager is a popular guest on the nationwide talk radio circuit as well,
                       having been interviewed on more than 100 radio stations including
                       shows broadcast on National Public Radio and Sirius Satellite Radio.
                       SPEAKER:
                       Jeff Yeager, Author, The Ultimate Cheapskate’s Guide to Saving the Planet


2:30 p.m.–3:00 p.m.    Book Signing and Networking Break

                       Please enjoy the rest of the day and evening on your own.




Sunday, March 15, 2009
7:15 a.m.–8:15 a.m.    Breakfast with Featured Speaker:
                       Professor John Dernbach
                       John Dernbach is a Distinguished Professor of Law at Widener
                       University and former Director of the Policy Office at the Pennsylvania
                       Department of Environmental Protection. He is the author or editor of
                       a dozen books, including the landmark Stumbling Toward Sustainability.
                       His latest book, Agenda for a Sustainable America, offers a comprehensive
                       agenda that citizens, corporations, nongovernmental organizations,
                       and government leaders and policymakers can use to make decisions
                       today and to plan for the future.


8:15a.m.–8:30 a.m.     Opening Remarks:
                       Jonathan W. Kahn, Blake, Cassels & Graydon LLP, Toronto, ON, Canada


8:30 a.m.–10:30 a.m.   Plenary Session: An Ethical Storm:
                       Tension Between Advocacy and Ethics
                       This timely ethics session will review recent controversy surrounding
                       significant EPA rulemaking efforts in light of the MRPC, including
                       counsel’s role as “advisor,” MRPC 2.1, providing that counsel refer not
                       only to law, but also to moral, economic, social and political factors, as
                       well as a lawyer’s ability to withdraw from representation, MRPC 1.16,
                       where the client takes action that the lawyer considers repugnant or
                       with which the lawyer has a fundamental disagreement. The panel
                       will also address the related issue for government counsel complying
                       with the additional Standards of Ethical Conduct for Employees of the
                       Executive Branch, codified at 5 C.F.R. § 2635.101.
                       MODERATOR:
                       Pamela Esterman, Sive, Paget & Riesel, P.C., New York, NY
                       SPEAKERS:
                       Kim Diana Connolly, Professor, University of South Carolina School of Law,
                       Columbia, SC
                       James D. Marston, Environmental Defense Fund, Austin, TX
                       Roger R. Martella, Jr., Sidley & Austin, Washington, DC
                       N. Jonathan Peress, Downs Rachlin Martin PLLC, Lebanon, NH


10:30 a.m.             Closing Remarks
                       James R. May, Program Chair, Professor of Law and Adjunct Professor of
                       Engineering, Widener University, Wilmington, DE




                                                                                                    13
                                           Registration Information
Location and Lodging: The Annual Conference on Environmental Law will be held at the Keystone
Resort and Conference Center (http://keystone.snow.com/). The Section has secured a block of rooms with
options in various price ranges and in several areas of the resort. Rates for the Section’s block of rooms are:
                    Single/Double Rate                                      Single/Double Rate                                    Single/Double Rate
Keystone Lodge . . . . . . . . . . . . . . . .$208          Conference Village                                      River Run 1 Bedroom . . . . . . .$249
Keystone Lodge Loft . . . . . . . . . .$258                 2 Bedroom . . . . . . . . . . . . . . . . . . . .$299   River Run 2 Bedroom . . . . . . .$349
Inn at Keystone . . . . . . . . . . . . . . . .$140         Conference Village                                      River Run 3 Bedroom . . . . . . .$489
                                                            3 Bedroom . . . . . . . . . . . . . . . . . . . .$409
Conference Village Studio . . .$202                                                                                 Slopeside Studio . . . . . . . . . . . .$173
                                                            Evergreen 1 Bedroom . . . . . . .$205
Conference Village                                                                                                  Gateway Efficiency . . . . . . . . . .$173
1 Bedroom . . . . . . . . . . . . . . . . . . . . . .$230   Evergreen 2 Bedroom . . . . . . .$266
                                                            River Run Studio . . . . . . . . . . . .$218

Last year the block filled up early, so we encourage you to get your reservation in as quickly as possible,
and if at all possible, by December 31, 2008. To reserve a room, please contact Keystone Reservations at
(800) 258-0437. Be sure to mention the American Bar Association meeting (group code # CG0ABA9).
Note: Note: The deadline for hotel reservations is Tuesday, February 8, 2009. Please familiarize yourself with
Keystone’s policies on check-in, cancellation, etc.

Early Registration: We request that all registrations be made in advance of the program. You may
register online by visiting http://www.abanet.org/environ/keystone/ or by completing the attached
form and mailing it with your payment to the ABA Section of Environment, Energy, and Resources,
Attn.: Environmental Law Conference, 321 N. Clark Street, Chicago, IL 60654. The deadline for receipt
of early bird registration is February 12, 2009. All registrations postmarked after February 12, 2009
must include an additional $50 for processing. The final cut-off date for ALL pre-registrations (early
bird and late) is February 25, 2009. Should you miss the deadline and need to register onsite, please
call (312) 988-5724 to be sure that space is available.

Fees: Registration fee covers Conference materials on CD-ROM, breakfasts and breaks on Friday,
Saturday, and Sunday, Saturday lunch, and receptions on Thursday and Friday. Additional fee required
for Friday lunch and Friday night dinner.

Group Discount Program: Law firms and other organizations registering multiple attendees (four or
more) can be eligible for a group discount. All registrations must be received together and prior arrangements
must be made with the Section Registrar by calling (312) 988-5724. Discounts will not be applied retroactively.
You will not be able to register group attendees using the online registration system but rather must complete and submit
hard copies of the registration form in this brochure. Discounted rates granted to speakers, planning committee
members, sponsors or tuition waiver candidates do not count towards group discount opportunities.

Tuition Assistance: A limited number of registration fee waivers are available for government
employees, public interest lawyers employed with nonprofits, academics and law students. To apply,
send a letter outlining the basis for your fee waiver request to the Environmental Law Conference
Planning Committee, Attn: Ninah Moore, c/o ABA Section of Environment, Energy, and Resources,
321 N. Clark Street, Chicago, IL 60654. All requests must be received by January 30, 2009.

Cancellation Policy: A full refund of the registration fee less a $50 administration fee will be granted
for all written requests received by March 2, 2009. No refunds will be granted after March 2, 2009.
Substitutions are acceptable. Cancellations must be submitted in writing and may be sent via FAX to
(312) 988-5572, Attn.: Program Registrar. The ABA reserves the right to cancel any program and assumes
no responsibility for personal expenses.

Ground Transportation: Shuttle transportation is available from Denver International Airport to
Keystone (approximately 1-1½ hour trip) via Colorado Mountain Express. To make a shuttle reservation,
call (800) 525-6363 and provide your flight number and arrival time. Be sure to mention the American Bar
Association conference to receive the discount rate. Prepayment is required. The shuttle pick-up point is
located near the baggage claim areas. You may also choose to take advantage of one of several rental car
agency options available at the airport.

Air Transportation: Airfare discounts are available through ABA Online Travel, Orbitz for Business or
directly from the airline. To access ABA Online Travel, go to http://www.abanet.org/mtd/onlinetravel.html.
The 24/7 toll-free number for Orbitz for Business is (877) 222-4185.

Program Materials: Conference proceedings and related background information will be provided to
participants via CD-ROM to reduce the environmental impact of the program. For those who would also
like to reserve a hard copy of the program materials so that it is available onsite at the meeting, please
pre-order on the registration form. Only pre-ordered copies will be available onsite.

CLE Credit: CLE accreditation has been requested for this program from every state with mandatory
continuing education requirements for lawyers. Please be aware that each state has its own rules and
regulations, including its definition of “CLE.” Check with your state agency for confirmation of this
program’s approval. Please note: New York licensed participants are required to sign-in and sign-out
on a special attendance sheet at each session. States with lawyer specialization programs have not been
requested to certify this program. Certificates of attendance will be available in the registration materials
at the program. For more information on approved number of credit hours, please contact the Section’s
Program and Membership Assistant at (312) 988-5724.
                                                Registration Form
       38th Annual Conference on Environmental Law • March 12–15, 2009
                Register Online! Save time by registering for this meeting online.
                                      Visit http://www.abanet.org/environ/keystone/
    I will not be attending the program but wish to order the course materials, which includes
    postage and handling.        $45 CD-ROM      $80 hard copy

Registrant Information

           /           /           /           /            /          /               /           Please note: Information
                                                                                                   provided on this registration form
ABA MEMBERSHIP NUMBER
                                                                                                   will be published in an attendee
                                                                                                   roster that will be disseminated
NAME                                                             PREFERRED FIRST NAME FOR BADGE    to meeting attendees.
                                                                                                   I Please do not list my
ORGANIZATION                                                                                          e-mail address in the
                                                                                                      registration roster.
ADDRESS                                                                                            I Please do not list my
                                                                                                      name and contact
                                                                                                      information in the
CITY, STATE/PROVINCE, ZIP/MAIL CODE                                                                   registration roster.
                                                                                                   New York licensed participants
COUNTRY
                                                                                                   are required to sign-in and sign-
                                                                                                   out on a special attendance
DAYTIME PHONE NUMBER                                FAX                                            sheet at each session.
                                                                                                   I I am licensed in the
E-MAIL                                                                                                state of New York.


Attention ABA Members!
If you are an ABA Member but not a member of the Section of Environment, Energy, and Resources please note that
your Conference Registration fee ($560 before 2/12/09 or $610 after 2/12/09) now includes Section membership.
Yes! Enroll me in the Section of Environment, Energy, and Resources.
I Free with “ABA Member” registration fees for ABA members only* (a $75 value)
* ABA Membership is a prerequisite of Section membership. If you are not already an ABA member, please call (800) 285-2221.
  Please note: Free membership only applies to individuals who have not been a member of the section in the past two years.


Fees and Payment Information                                                                           ABA FJE Contribution:
Program Registration Fees:                                                                             $25 (suggested)
(Payment and/or P.O. must accompany registration or registration form will not be accepted)
                                                                                                       $___________________
Online registration is available at http://www.abanet.org/environ/keystone/
                                                                                                       Voluntary contribution
                                                          Before 2/12/09 After 2/12/09
                                                                                                       to support Section of
I   Section Member                                              $485            $535                   Environment, Energy, and
I   ABA Member                                                  $560            $610                   Resources Project Support
I   General Attendee                                            $570            $620                   Fund. Contributions to the
I   Young Lawyer*                                               $355            $405                   FJE are tax deductible to the
I   Government, Public Interest, Academic                       $355            $405                   full extent allowed by law.
I   Law Student                                                 $150            $150
I   Hard Copy Course Materials                                   $80             $80
    (available onsite for pre-orders only)                                                             Carbon Footprint:
    *Qualifying young lawyers are those who have been admitted to practice                             The Section is requesting
    in their first bar within the past five years or who are less than 36 years old.                   the information below in an
                                                                                                       effort to track green house
Ticketed Functions: (Pre-registration is required to participate                                       gas emissions as a result of
in these ticketed events. There are additional charges for some.)                                      this Conference. In order to
I Friday Luncheon: Speaker (Adult) $25                                         $________________       have accurate results we ask
I Friday Luncheon: Speaker                                                                             that you please answer the
                                                                                                       following questions:
  (Child, 13 years or younger) (free)                                          $________________
                                                                                                       How will you travel to
I Friday Night Gala (Adults) $75                                               $________________
                                                                                                       Keystone, CO?
I Friday Night Gala (Child, 13 years or younger) (free)                        $________________
                                                                                                       I Car–what make of car?
I Saturday Luncheon: Lynne Cherry (Adult) $25                                  $________________
                                                                                                       __________________________
I Saturday Luncheon: Lynne Cherry
                                                                                                       Distance from home to
  (Child, 13 years or younger) (free)                                          $________________
                                                                                                       Keystone, CO? ______miles
I Dietary Restrictions? Please specify____________________________________                             (one-way)
Payment: (check one; complete all information)                                                         I Plane–from which airport
                                                                                                         did you depart?
I   Sub-Total Registration Fee                                                 $________________
                                                                                                       __________________________
I   Sub-Total Meeting Hard Copy Course Materials Fee                           $________________
                                                                                                       I Other, please specify:
I   Sub-Total Additional Ticket Fee                                            $________________       __________________________
I   ABA FJE Contribution                                                       $________________
I   Total Enclosed:                                                            $________________     Return to:
I Check enclosed, payable to the American Bar Association.                                           ABA Section of Environment,
                                                                                                     Energy, and Resources
I Purchase Order No._____________________________
                                                                                                     Attn: Program Registrar
I Charge my credit card: I Visa I MasterCard I AmEx                                                  321 N. Clark Street
                                                                                                     Chicago, IL 60654
CARD NUMBER                                                                    EXP. DATE             Fax: (312)988-5572
                                                                                                     Questions?
SIGNATURE                                                                                            Call (312)988-5724
                              Section of Environment,     First-Class Postage
                              Energy, and Resources           U.S. Postage
                                                                  PAID
                              321 N. Clark Street
                                                        American Bar Association
                              Chicago, IL 60654
A B A   S E C T I O N   O F
ENVIRONMENT
ENERGY   AND   RESOURCES




38th Annual
Conference on
Environmental Law
March 12–15, 2009
Keystone Resort and Conference Center
Keystone, CO
Housing Deadline:
February 12, 2009
Early Registration Deadline:
February 12, 2009

								
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