"Next Generation of Environmental Law"
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