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- 2. 2 www.shopaba.org/environspring Each spring, just as the flowers begin to bloom, the trees begin to bud, and the air turns a bit warmer, leading lawyers, government officials, and academics gather to address the key topics of the day for environmental, energy, and resource lawyers. This 45th Spring Conference provides an incomparable environment in which to learn about the most recent developments to keep your practice current and serve your clients most effectively, whether you are in private practice, in-house, or with the government. Programming includes opportunities to hear panel discussions and debates, which focus on the latest environmental cases before the U.S. Supreme Court; recent developments in air, water, waste, and government enforcement issues; and key developments in environmental, energy, and natural resource law. Experienced, knowledgeable, and stimulating speakers will address topics for litigators and transactional lawyers during breakout sessions on trial presentation of complex environmental evidence, the allocation of risk in Brownfields transactions, and permitting of infrastructure development projects. The Spring Conference also features speakers from EPA Headquarters and Region 6, as well as the opportunity for you to meet and network with the nation’s top environmental, energy, and resource lawyers. Please join your friends and colleagues in downtown Austin this spring! 45TH
- 3. Environmental, Energy, and Resources Law 3 SponsorsThank you to our sponsors… 2016 ANNUAL SECTION SPONSORS PLATINUM SPONSORS SECTION CHAIR Pamela E. Barker Lewis Rice, LLC, St. Louis, MO PROGRAM PLANNING CHAIR Susan Floyd King Jones Walker LLP, Jackson, MS PLANNING COMMITTEE Rita Bolt Barker Wyche, PA, Greenville, SC Marisa E. Blackshire Program Planning Chair 2018, BNSF Railway, Los Angeles, CA Wendy Bowden Crowther Parsons Behle & Latimer, Salt Lake City, UT Steven L. Hoch Morris Polich & Purdy LLP, Los Angeles, CA Walter D. James III James PLLC, Colleyville, TX Mary Kay Lynch Environmental Appeals Judge, Environmental Appeals Board, U.S. Environmental Protection Agency, Washington, DC Emily N. Masalski Rooney Rippie & Ratnaswamy LLP, Chicago, IL James F. McDonald U.S. Environmental Protection Agency, Grand Prairie, TX Niki L. Pace MS-AL Sea Grant, University of Mississippi School of Law, Oxford, MS Margaret E. Peloso Program Planning Chair 2017, Vinson & Elkins LLP, Washington, DC William L. Penny Burr & Forman LLP, Nashville, TN Craig D. Sundstrom Office of the Oklahoma Secretary of Energy and Environment, Oklahoma City, OK Colin G. Van Dyke Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MA Craig P. Wilson K&L Gates, Harrisburg, PA Kathleen M. Whitby Spencer Fane Britt & Browne LLP, St. Louis, MO
- 4. 4 www.shopaba.org/environspring Program Schedule WEDNESDAY, MARCH 30, 2016 1:00 PM–4:00 PM PUBLIC SERVICE PROJECT: LADY BIRD LAKE We are excited to announce that this year’s public service project will be a joint effort between participants in the 34th Water Law Conference and participants in the 45th Spring Conference. Taking advantage of the conference’s location along the shores of Lady Bird Lake, we partner with Keep Austin Beautiful for shore clean up and habitat restoration work. Participants will walk out the back door of the Hyatt Regency (our conference hotel) and will have the option to conduct clean-up along the shore or jump in a kayak and grab trash and other items from the lake! There will also be an opportunity to conduct restoration work near the confluence of Shoal Creek and Lady Bird Lake. Restoration would include planting native plant species as well as removal of invasive species. We hope to see you at the project. To volunteer for this public service project, sign up while registering. If you have any questions, please contact Julie McCullough at Julie.McCullough@americanbar.org. 6:30 PM–8:00 PM WELCOME RECEPTION Everyone is encouraged to attend to catch up with old friends, become acquainted with new ones, and meet the Section leadership. Meeting registration will be open. THURSDAY, MARCH 31, 2016 7:30 AM–8:30 AM BREAKFAST 8:00 AM–8:05 AM WELCOME AND OPENING REMARKS Pamela E. Barker, 2015-2016 Section Chair, Lewis Rice, LLC, St. Louis, MO Susan Floyd King, Program Planning Chair, Jones Walker LLP, Jackson, MS 8:05 AM–8:30 AM KEYNOTE ADDRESS John C. Cruden, Assistant Attorney General, U.S. Department of Justice, Washington, DC Gina McCarthy, Administrator, U.S. Environmental Protection Agency, Washington, DC (invited)
- 5. Environmental, Energy, and Resources Law 5 8:30 AM–10:00 AM GENERAL COUNSELS’ ROUNDTABLE: A VIEW FROM THE AGENCIES’ TOP LAWYERS Hear directly from the highest-ranking environmental, energy, and resource lawyers in the federal government about the remainder of the Obama administration’s agenda and accomplishments. These distinguished panelists will share their insights on what practicing lawyers can expect to keep them busy in 2016 and beyond. This is your chance, during the final year of this administration, to ask those important environmental, energy, and resource questions that have been on your mind during the Obama administration. MODERATOR Roger R. Martella Jr., Sidley Austin LLP, Washington, DC SPEAKERS Steven Croley, General Counsel, U.S. Department of Energy, Office of General Counsel, Washington, DC Avi S. Garbow, General Counsel, U.S. Environmental Protection Agency, Office of General Counsel, Washington, DC Brenda Mallory, General Counsel, White House Council on Environmental Quality, Washington, DC Lois J. Schiffer, General Counsel, National Oceanic and Atmospheric Administration, Washington, DC 10:00 AM–10:30 AM NETWORKING BREAK 10:30 AM–12:00 PM HOT TOPICS IN ENFORCEMENT Leading enforcement officials from U.S. Department of Justice (DOJ) and U.S. Environmental Protection Agency (EPA) will map out what you need to know to navigate the Obama administration’s civil and criminal enforcement and compliance assurance priorities for the remainder of his term. This panel will discuss EPA’s National Enforcement Initiatives, Next Generation Compliance, and the Environmental Justice 2020 Agenda. Don’t miss out on this critical panel and be sure to participate in the question-and-answer session to glean direct insights from leading DOJ and EPA enforcement officials. MODERATOR Granta Y. Nakayama, King & Spalding LLP, Washington, DC SPEAKERS Bruce S. Gelber, Deputy Assistant Attorney General, Environment & Natural Resources Division, U.S. Department of Justice, Washington, DC Cynthia Giles, Assistant Administrator, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, Washington, DC 12:00 PM–1:30 PM LUNCHEON The Section is pleased to recognize Robert D. Bullard, Ph.D., Texas Southern University, Houston, TX as the recipients of the 2015 American Bar Association Award for Excellence in Environmental, Energy, and Resources Stewardship. This award recognizes achievement or leadership in areas of sustainable development or environmental, energy, or resources stewardship. 1:30 PM–2:00 PM EXPERT INSIGHT PANELS (NON-CLE) Strengthen your substantive knowledge of the issues being addressed at the conference by attending one of these focused technical presentations on some of the most pressing issues confronting environmental, energy, and natural resource lawyers today. These 30 minutes presentations offer you the opportunity to take a “deeper dive” into the technical issues and learn something new from some of the nation’s top environmental consultants and service providers.
- 6. 6 www.shopaba.org/environspring USING ENVIRONMENTAL LIABILITY TRANSFERS TO RESOLVE CRITICAL ENVIRONMENTAL ISSUES DURING COMPLEX BUSINESS TRANSACTIONS BLOOMBERG BNA Environmental liability transfers (ELTs) can be used as an alternative way to structure complex contaminated property transactions. ELTs are used to eliminate risk and resolve critical issues during mergers and acquisitions, bankruptcies, and other matters related to corporate environmental responsibility. The session, which will include the presentation of various case studies, will illustrate how an ELT can move an environmentally-distressed site out of stagnation, creating a financed pathway to remediation and redevelopment. PREPARATION AND TESTIMONY INSIGHTS FROM A TESTIFYING EXPERT FOTH INFRASTRUCTURE & ENVIRONMENT, LLC The impact and effectiveness of a technical expert’s testimony is paramount to success in environmental litigation. This session will address the following points from the perspective of a 20 year experienced, testifying expert: finding and assembling the right team of experts; providing the right documents; collaborating to develop the strategy and the necessary opinions; using group meetings of the experts for strategy development and draft report reviews; assuring limited overlap in opinions within reports and among experts; providing thorough instructions to the experts as they prepare their reports; properly preparing the experts and defending them in depositions; and developing vivid exhibits and scripts for trial testimony that are appropriate for the audience. You will be provided the testifying expert’s views and practical experience on the best way to address each important step. VAPOR INTRUSION UPDATE: GOOD SCIENCE FOR NEW GUIDANCE GEOSYNTEC CONSULTANTS, INC. Litigation related to alleged property value diminution and human health impacts from the vapor intrusion (VI) pathway is increasing. U.S. EPA recently published new guidance on evaluating and mitigating health risks attributed to VI. This talk will describe the key recommendations in recent VI guidance and implications for regulated industries and communities. Participants will understand ways that good science can assist parties in achieving reasonable and protective results when VI is an issue of concern. 2:00 PM–2:15 PM NETWORKING BREAK 2:15 PM–3:45 PM CONCURRENT BREAKOUTS ACHIEVING THE NEW OZONE NAAQS— THE SEARCH FOR SOLUTIONS EPA recently finalized a new, lower ozone National Ambient Air Quality Standard (NAAQS) that puts much of the country into nonattainment. Achieving compliance with the new NAAQS will require states to draw upon a wide variety of tools under the Clean Air Act to reduce emissions of ozone-forming pollutants from a broad variety of sectors. The measures states will need to explore include obtaining additional emission reductions from stationary sources, the development of transportation control measures, and the potential implementation of control technique guidelines (CTGs). The implementation of the new NAAQS will also present challenges due to a number of technical issues, including determining background levels of ozone, revisions to the 2007 Exceptional Events Rule and guidance on the criteria for wildfires that could affect ozone concentrations in the West, and approaches to modeling. MODERATOR Chuck Barlow, Vice President, Environmental Strategy Policy, Entergy Services Inc., Jackson, MS SPEAKERS Stephanie Bergeron Perdue, Deputy Executive Director, Texas Commission on Environmental Quality, Austin, TX Ryan C. Flynn, Secretary, New Mexico
- 7. Environmental, Energy, and Resources Law 7 Environment Department, Santa Fe, NM J. Jared Snyder, Assistant Commissioner, Office of Air Resources, Climate Change and Energy, New York State Department of Environmental Conservation, Albany, NY (invited) WHAT CAN BE DONE ABOUT SPECIES ON THE EDGE? ESA SECTION 6 AND THE ALTERNATIVES Recognizing the potential impact on industry, recreation, and economic development, states and industry are now focused not just on listed species but candidate species and even would-be candidate species. Sage Grouse, Northern Long-Eared Bats, and Sand Dune Lizards, along with any number of other species, have the potential to impact extractive industries, distribution projects, renewable energy siting, and even tourism. Our panel of experienced practitioners will address the options for proactively addressing these issues. The panel will consider whether Endangered Species Act (ESA) Section 6 is the answer or whether state conservation plans may be the better alternative. The panel will also address other alternative species management options including tribal management of species, private conservation plans, and whether intra-state species are subject to ESA regulation. MODERATOR Kathleen C. Schroder, Bjork Lindley Little PC, Denver, CO SPEAKERS L. Michael Bogert, Parsons Behle Latimer, Boise, ID Alan M. Glen, Nossaman, LLP, Austin, TX Jaime A. Pinkham, Vice President, Bush Foundation, St. Paul, MN PRACTICAL CONSIDERATIONS BEFORE AND AFTER A TERRORIST ATTACK The movie Salmon Fishing in the Yemen demonstrated the effects of a terrorist takeover of a dam, resulting in a massive release of water destroying critical downstream infrastructure, humans, and fish. The potential of terrorist, cyber-security, or other catastrophic threats to dams, chemical plants, oil refineries, and other critical facilities, cannot be overlooked by the practicing lawyer. This panel will examine risk management issues in planning for the large scale disaster (including the “acts of war” exclusion) and Executive Order 13650— issued in August 2013—and updates on efforts to implement that order. Panel members will also discuss possible advice to clients if the “it can’t happen here” event does in fact happen, including the lawyer’s role in managing public communications and dealing with toxic tort suits, which may request potentially confidential information about the facility. MODERATOR Norman A. Dupont, Richards, Watson Gershon, Los Angeles, CA SPEAKERS Sonya Baskerville, Manager, Office of National Relations, Bonneville Power Administration, Washington, DC Mark L. Farley, Katten Muchin Rosenman LLP, Houston, TX Claudia Rast, Butzel Long, Ann Arbor, MI 3:45 PM–4:00 PM NETWORKING BREAK 4:00 PM–5:30 PM CONCURRENT BREAKOUTS GAME CHANGERS—RCRA/CERCLA The Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) have been two of the mainstays of environmental law for almost forty years. Neither is stagnant, and each is constantly being narrowed/expanded/changed by court rulings, agency action, and the occasional congressional mandate. This panel of experienced practitioners will discuss the latest changes to these unique laws by explaining what these changes are, what they mean, and how they are likely to affect your environmental law practice. The panel will also discuss whether these changes are subject to challenges, why, and possibly how
- 8. 8 www.shopaba.org/environspring those challenges will be dealt with in state and federal courts. MODERATOR Irvin M. Freilich, Gibbons PC, Newark, NJ SPEAKERS Duke K. McCall, III, Morgan Lewis, Washington, DC John R. Michaud, Acting Associate General Counsel, U.S. Environmental Protection Agency, Office of Solid Waste and Emergency Response, Washington, DC Monica T. Rios, Senior Attorney, Deere Company World Headquarters, Moline, IL DROUGHT, AGRICULTURAL MANAGEMENT, AND FOOD SECURITY: THINGS EVERYONE SHOULD KNOW One of the greatest challenges to agricultural management and an ever increasing threat to the global food supply is drought. As the agricultural sector grapples with the challenges of drought and climate change, it confronts a number of important legal issues. To combat prolonged drought, farmers are looking to “gene edited” crops better suited to drought conditions. But, the regulation and use of these crops creates unique legal challenges related to their acceptance both domestically and by international trade partners. Drought conditions are also causing states to consider water use regulations that may result in regulatory limitations on the types of crops that can be grown in times of water shortage. For example, the country focuses on California as it considers whether almond production during a drought is a “reasonable use” of water. Extreme drought may also have significant impacts on water quality and permitting issues impacting commercial agriculture operations such as dairies, hog farms, and other confined animal feeding operations. Join our panel of seasoned practitioners as they address these issues and the implications on the future of agricultural practices and our food supply. MODERATOR Trudy D. Fisher, Butler Snow, Ridgeland, MS SPEAKERS William Chaney, Gray Reed McGraw, P.C., Dallas, TX Elizabeth Ewens, Ellison Schneider Harris, Sacramento, CA Christian C. Scheuring, Managing Counsel, California Farm Bureau Federation, Sacramento, CA REGION 6: PERMITTING, COMPLIANCE, ENFORCEMENT—IS IT THREE’S COMPANY OR THREE’S A CROWD? A practice series guide to key environmental and energy issues within U.S. Environmental Protection Agency, Region 6, this panel will highlight how permitting, compliance, and enforcement under environmental laws are maturing and becoming more complex, significantly impacting the practice of environmental and energy law. Region 6 policy makers and legal professionals will offer guidance and opinions and afford a timely opportunity to engage in dialogue directly focused on current issues as well as program initiatives and priorities throughout the Region. MODERATOR Michael A. Chernekoff, Jones Walker LLP, Houston, TX SPEAKERS John Blevins, U.S. Environmental Protection Agency, Region 6, Dallas, TX Samuel J. Coleman, Deputy Regional Administrator, U.S. Environmental Protection Agency, Region 6, Dallas, TX Ivan Vikin, U.S. Environmental Protection Agency, Region 6, Dallas, TX 5:30 PM–6:30 PM NETWORKING RECEPTION All are welcome to join us for some organized yet informal networking! 6:30 PM–9:30 PM SECTION DINNER All attendees are welcome. Dinner is included in your registration fee! If you are bringing a guest, additional tickets can be purchased for $95 each. 9:30 PM–12:00 AM AFTER-HOURS SOCIAL MIXER Join us at the The Ginger Man in the Warehouse District in downtown Austin for some fun networking. Austin’s Warehouse
- 9. Environmental, Energy, and Resources Law 9 District has emerged from humble roots to become a bustling, thriving area, boasting creative and attractive restaurants, bars and shops. The area makes up half of downtown Austin, while Second Street borders the district. FRIDAY, APRIL 1, 2016 8:00 AM–8:05 AM WELCOME AND OPENING REMARKS Margaret E. Peloso, Program Planning Chair 2017, Vinson Elkins LLP, Washington, DC 8:05 AM–8:30 AM KEYNOTE ADDRESS Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response, U.S. Environmental Protection Agency, Washington, DC 8:30 AM–10:00 AM SUPREME COURT ROUNDUP: AIR, WATER, LAND, AND ELECTRICITY This high-powered plenary panel will provide an in-depth review of the Supreme Court’s recent key environmental, energy, and resources cases, including those that have addressed disputes over interstate water rights, consideration of cost-benefit analysis for environmental regulations, regulatory takings, and participation by demand response providers in wholesale energy markets. Panel members will also provide their insights on the environmental cases in which the Court has granted certiorari and other environmental cases it might hear in the upcoming term. MODERATOR Melinda E. Taylor, Senior Lecturer and Executive Director, Kay Bailey Hutchison Center for Energy, Law, and Business, The University of Texas at Austin, Austin, TX SPEAKERS Timothy S. Bishop, Mayer Brown LLP, Chicago, IL Lisa Jones, Deputy Assistant Attorney General, U.S. Department of Justice, Environment and Natural Resources Division, Washington, DC Kirsten L. Nathanson, Crowell Moring LLP, Washington, DC 10:00 AM–10:30 AM NETWORKING BREAK 10:30 AM–12:00 PM CONCURRENT BREAKOUTS STATE 111(D) COMPLIANCE PLANS: BALANCING ENVIRONMENTAL REGULATION WITH ECONOMIC AND RELIABILITY CONCERNS Now that federal emissions guidelines for greenhouse gas emissions from existing generation units have been finalized, states are in the process of crafting compliance plans. Regional resource and other policy considerations have spurred varied responses from states. As part of these plans, states must balance emissions reductions with the ongoing need to maintain affordable and reliable service to ratepayers. States also must address how to integrate new variable renewable resources into the grid and define the role of end-use efficiency. This panel will explore the role of various stakeholders involved in implementation of the rules, including state regulators, reliability entities, and renewable energy developers. MODERATOR Emily S. Fisher, Deputy General Counsel, Energy Climate, Edison Electric Institute, Washington, DC SPEAKERS Asim Z. Haque, Commissioner, Public Utilities Commission of Ohio, Columbus, OH John N. Moura, Director, Reliability Assessment and System Analysis, North American Electric Reliability Corporation, Atlanta, GA Jeff Riles, Jr., Manager of Regulatory Affairs, Enel Green Power North America, Inc., Washington, DC FOCUS ON THE THIRD SOVEREIGN: AMERICAN INDIAN TRIBES Most environmental, energy, and resource practitioners are comfortable interacting with state and federal jurisdictions on the myriad of issues they face on a daily basis. The third sovereign, however, is often overlooked. Federally recognized Indian Tribes have
- 10. 10 www.shopaba.org/environspring rights and interests that extend beyond the reservation boundaries. This panel will explore how tribes are addressing significant issues such as energy development, uranium mine clean-ups, water rights, and endangered species. In doing so, expert panelists will highlight significant case studies, best practices for working with tribes, and the application of tribal cultural knowledge, an increasingly important tool in this practice area. The panel will approach these issues in a manner that will prove valuable to both those who regularly handle tribal matters and those who are simply looking for a fresh perspective on issues they face in other contexts. MODERATOR Howard Kenison, Lindquist Vennum, LLP, Denver, CO SPEAKERS Stacey Evans, CEO, Humane Strategies Benefits LLC, Columbia, MD Susan B. Montgomery, Montgomery Interpreter, PLC, Scottsdale, AZ Sarah E. Mueller, Office of Regional Counsel, U.S. Environmental Protection Agency, Region 9, San Francisco, CA MANAGING ENVIRONMENTAL RISKS IN SPIN-OFFS AND OTHER COMPLEX TRANSACTIONS In complex transactions, lawyers are called upon to do more than simply develop and implement an appropriate due diligence plan and draft appropriate contract provisions covering environmental matters. Spin-offs and other unique deal structures, especially those involving substantial environmental risk or legacy environmental liability, require in-house and outside counsel to tackle a host of unique issues related to identifying, quantifying, and allocating environmental risk, including avoiding fraudulent conveyances and ensuring that the new entity’s interests are adequately represented. This panel of experienced attorneys, including in-house counsel, will provide their perspectives on how to get the deal done and how outside counsel can successfully guide companies in effectively managing environmental risks in complex transactions. MODERATOR Pamela R. Esterman, Sive, Paget Riesel, P.C., New York, NY SPEAKERS Jeff Civins, Haynes and Boone, LLP, Austin, TX Paul D. Tanaka, Kirkland Ellis LLP, San Francisco, CA 12:00 PM–1:30 PM LUNCHEON ADDRESS: Ron Curry, Regional Administrator, U.S. Environmental Protection Agency, Region 6, Dallas, TX Michael J. Teague, Secretary of Energy and Environment, State of Oklahoma, Tulsa, OK 1:30 PM–2:00 PM EXPERT INSIGHT PANELS (NON-CLE) Strengthen your substantive knowledge of the issues bring addressed at the conference by attending one of these focused technical presentations on some of the most pressing issues confronting environmental, energy, and natural resource lawyers today. These 30 minutes presentations offer you the opportunity to take a “deeper dive” into the technical issues and learn something new from some of the nation’s top environmental consultants and service providers. BETTER THAN GOOGLE MAPS®? EXPERT SCIENTIFIC NAVIGATION FOR TODAY’S ALLOCATION CHALLENGES— FOR NON-SCIENTISTS ALTERECHO Over the past decade, the once-certain reality and predictability of Superfund contribution practice has been eroded by the practical implications of minimal documentary nexus data and escalating site costs. Now, more than ever, the process requires the creative use of scientific principles and techniques to determine appropriate divisibility of harm and apportionment of liability. Technical and scientific experts from AlterEcho will offer some easy-to-understand directions to successfully navigate the new Superfund allocation landscape. Google Maps is registered trademark of Alphabet, Inc.
- 11. Environmental, Energy, and Resources Law 11 WOODARD CURRAN Topic to be determined. Please visit the conference website for more information. 2:00 PM–2:15 PM NETWORKING BREAK 2:15 PM–3:45 PM CONCURRENT BREAKOUTS OBAMA’S LEGACY ON CLIMATE CHANGE More than any administration in history, the Obama administration has taken numerous executive actions to address climate change domestically, from the upcoming regulation of methane emissions from natural gas extraction and transmission to efforts aimed at addressing climate resiliency in the built environment to CEQ’s climate change action plan. In the administration’s closing days, it remains to be seen whether these historic efforts will be issued and ultimately sustained in whole or in part due to pending legal challenges, whether they will produce meaningful reductions in greenhouse gas emissions, how they will affect electricity generation and other industries being regulated, and whether they will prompt additional regulation or spur Congress to act. In this panel, top environmental and energy lawyers from all sectors will share their predictions on what to expect in the closing days of the Obama Administration. MODERATOR Jessica C. Grannis, Adaptation Program Manager and Adjunct Professor, Georgetown Climate Center, Washington, DC SPEAKERS Michael B. Gerrard, Andrew Sabin Professor of Professional Practice, Columbia School of Law, New York, NY Samantha A. Medlock, Deputy Director, White House Council on Environmental Quality, Washington, DC Richard M. Saines, Baker McKenzie LLP, Chicago, IL EPA’S CLEAN WATER RULE (F/K/A WOTUS) AND WATER APPORTIONMENT CASE UPDATE On May 27, 2015, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army issued the Final “Clean Water Rule: Definition of Waters of the United States” clarifying the scope of the “waters of the United States” protected under the Clean Water Act. This panel will provide background information on EPA’s Clean Water Rule, address what the Rule does and does not do, and explain the likely future of the Rule. The panel will also dive deep into recent water appropriation cases pending before the U.S. Supreme Court, including Florida v. Georgia and Texas v. New Mexico and Colorado. MODERATOR Michelle Diffenderfer, Lewis, Longman Walker, PA, West Palm Beach, FL SPEAKERS Bertram Frey, U.S. Environmental Protection Agency, Region 5, Chicago, IL Damien M. Schiff, Principal Attorney, Pacific Legal Foundation, Sacramento, CA Stuart L. Somach, Somach Simmons Dunn, PC, Sacramento, CA FROM SHALE TO SAIL: PRODUCTION, TRANSPORTATION, AND EXPORT OF U.S. OIL GAS U.S. production of oil and gas has increased dramatically in recent years, the infrastructure to transport and process the ever-increasing amounts of these products is developing rapidly, and markets desiring to use them, including export markets, are emerging and expanding along with facilities to serve those markets. The implications for lawyers who practice in the areas of environment, energy, and resources are tremendous. This panel will examine key legal questions associated with all stages of this process, including: How are potential environmental impacts from exploration and production being managed? Is underground disposal creating a risk of increased seismicity? How are operators and regulators ensuring that the development of
- 12. 12 www.shopaba.org/environspring transportation infrastructure is not causing an adverse cumulative environmental impact and that transportation of the product is safe? What is the process and scope of environmental review applicable to export facilities, and how do other public-interest considerations factor into decisions to authorize exports? MODERATOR Jason B. Hutt, Bracewell Giuliani LLP, Washington, DC SPEAKERS Stephanie R. Timmermeyer, Vice President, Environment, Health Safety, Williams, Oklahoma City, OK Lori Wrotenbery, Director, Oil and Gas Division, Railorad Commission of Texas, Austin, TX 3:45 PM–4:00 PM NETWORKING BREAK 4:00 PM–5:30 PM KEEPING IT REAL—AND ETHICAL—IN TODAY’S LAW PRACTICE Sometimes real life mimics the movies and television. Sometimes it is the other way around. Fiction, nonfiction, documentaries, and television present varying pictures of energy, environment, and resource law and practice and, to some extent, inform how we, our clients, and the public perceive the ethics of our practices. Sometimes real acts and omissions of real-life attorneys come closer to the ethical lines than we may think. This panel will provide an in-depth look at developments and challenges in today’s world of legal ethics and will feature examples and analysis from the Section’s forthcoming book, Ethics and Environmental Practice: The Practitioners Guide, which presents key ethics issues impacting today’s SEER lawyers and the continuing changes to legal practice generally. The panelists will offer scenarios and issues that may catch a practicing attorney off-guard and exposed and review how to stay on the correct side of those ethical lines. MODERATOR Jeffery S. Dennis, Akin Gump Strauss Hauer Feld LLP, Washington, DC SPEAKERS Alexandra Dapolito Dunn, Executive Director and General Counsel, Environmental Council of the States, Washington, DC Kenneth R. Landis, Vice President-Loss Prevention, Attorneys’ Liability Assurance Society, Inc., Chicago, IL Irma Russell, Edward A. Smith/Missouri Chair in Law, the Constitution, and Society, University of Missouri-Kansas City School of Law, Kansas City, MO 5:30 PM–6:30 PM RECEPTION (cash bar) 6:30 PM–9:30 PM TASTE OF SEER (DINE AROUNDS) On Friday evening, you are invited to participate in a Dutch-treat dinner (each person pays for his or her own meal). Dinner reservations have been made at several restaurants in Austin near the conference hotel. Each dinner will be organized by a Section leader and will have a conversation theme. This is a great opportunity to meet new people, eat great food, and have lively discussions. Additional information about how to sign-up will be coming soon! *Speakers subject to change
- 13. The Section’s 34th Water Law Conference will be take place in Austin on March 29 and 30, 2016, at the Hyatt Regency just before the Spring Conference. The Water Law Conference will inform you about recent water-related developments in the Supreme Court, implementation of the Clean Water Rule (WOTUS), allocating scarce water resources in a time of drought, and oth- er timely topics. For more information about the schedule and speakers, visit www.shopaba.org/ EnvironWL. The Section anticipates that attendees will be eligible to receive up to 21.75 CLE credits, including 3 ethics credits, if they attend both conferences. So take advantage of the best of both conferences by registering at the joint registration rate. Several different options are available: REGISTRATION RATES IN COMBINATION WITH THE WATER LAW CONFERENCE All of Spring + All of Spring + One day at Water Law All Water Law Section Member $945 $1,000 Section Member Gov’t, Public Interest, Academic $825 $850 ABA Member $1,020 $1,200 General Attendee $1,095 $1,300 Gov’t, Public Interest, Academic $875 $900 Young Lawyer * $875 $900 Speaker and Moderator $500 $525 Law Student $125 $150 *Qualifying young lawyers are under 36 years old or admitted to practice for five years or less. TUESDAY, MARCH 29, 2016 8:15 AM–9:30 AM ALLOCATING INCREASINGLY SCARCE WATER RESOURCES–IS IT TIME FOR A CHANGE? 9:45 AM–11:00 AM WATER CONSERVATION AND ITS IMPACT ON WATER SUPPLY, FINANCING, AND INFRASTRUCTURE 11:15 AM–12:30 PM WATER QUALITY IN INDIAN COUNTRY 1:00 PM–1:45 PM LUNCH KEYNOTE: CARLOS RUBINSTEIN 2:00 PM–3:15 PM ONE YEAR LATER: THE WATERS OF THE UNITED STATES (WOTUS) RULE AS APPLIED 3:45 PM–5:00 PM INTERSTATE WATER MANAGEMENT OF A “HIDDEN” RESOURCE WEDNESDAY, MARCH 30 8:00 AM–9:30 AM ETHICS: MANAGING CONFLICTS IN A WAY THAT GETS “IN” WITH IN-HOUSE COUNSEL 10:00 AM–10:45 AM GROUND AND SURFACE WATER WARS WAGED IN THE U.S. SUPREME COURT 10:45 AM–12:00 PM STRATEGIC MESSAGING–A PIVOTAL PART OF WATER-RELATED MEDIATIONS AND TRANSACTIONS WATER LAW CONFERENCE SCHEDULE CO-LOCATING CONFERENCES WATER LAW CONFERENCE MARCH 29-30, 2016 HYATT REGENCY • AUSTIN, TX 34TH Environmental, Energy, and Resources Law 13
- 14. 14 www.shopaba.org/environspring REGISTRATION INFORMATION STAY CONNECTED WITH THE SECTION Join the Section in discussions, news, and events on environment, energy, and natural resources law on Facebook, LinkedIn, and Twitter! Like us on Facebook at www.facebook.com/ABAEnvLaw, join our LinkedIn group at: http://linkd.in/K6OquT, and follow our Twitter account @ABAEnvLaw and use #SEERSpring. Stay tuned for our mobile app! LOCATION AND LODGING The 45th Spring Conference will take place at the Hyatt Regency, 208 Barton Springs Road, Austin, TX 78704 (austin.hyatt.com). A block of rooms has been reserved at the discounted rate of $239 plus tax for single/double rooms. A limited number of government rate rooms are also available for $126 plus tax (or the current government rate). A valid government ID will be required upon check in. The deadline for room reservations at the discounted rate is Monday, March 7, 2016. For reservations, please visit the Hyatt Regency Austin website to book our contracted rate or call reservations directly at (888) 421-1442 or the hotel directly at (512) 480-1234. Be sure to mention the ABA SEER Spring Conference to receive these discounts. ADVANCE REGISTRATION We encourage you to register online at www. shopaba.org/EnvironSpring. If you want to register by mail, visit www.shopaba.org/EnvironSpring, to download a registration form. Please mail the form with your check (payable to the American Bar Association) or credit card information to: American Bar Association, Attn: Service Center–Meeting/Event Registrations Department, 321 N. Clark St., Fl. 16, Chicago, IL 60654 or to our secure fax number: (312) 988-5850. All attendees must be pre- registered for this conference to participate. The deadline to receive the early bird registration rate for the 45th Spring Conference is Tuesday, February 9, 2016. All registrations postmarked after Tuesday, February 9, 2016, must include an additional $50 for processing. The final cutoff date for advance registration is Monday, March 14, 2016. After this date, registrations must include an additional $25 for processing. 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 ($820 on or before 2/9/16 or $870 after 2/9/16) now includes Section membership, a $75 value! You will be automatically enrolled in the Section of Environment, Energy, and Resources. ABA Membership is a prerequisite for 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 during the past two years. REGISTRATION RATES On or Before After 2/9/16 2/9/16 Section Member $745 $795 ABA Member $820 $870 General Attendee $895 $945 Section Member Gov’t, $625 $675 Public Interest, Academic Gov’t, Public Interest, $675 $725 Academic Young Lawyer * $675 $725 Speaker and $425 $425 Moderator Law Student $100 $100
- 15. Environmental, Energy, and Resources Law 15 DAY RATES Day rates are available for $425 each day. This rate does not include Thursday’s dinner. Dinner tickets are available for $95 each. REGISTRATION FEE INFORMATION The registration fee for the 45th Spring Conference includes tuition and online course materials developed especially for this conference. In addition, your fee covers Wednesday’s Public Service Project, Thursday’s breakfast, breaks, lunch and dinner; and Friday’s breakfast, breaks, lunch, and reception. CANCELLATION POLICY Attendees registered for the 45th Spring Conference are eligible for a full refund of the registration fee less a $50 administrative fee for all written requests received by Monday, March 14, 2016. No refunds will be granted after Monday, March 14, 2016. Registration fees are not transferable to other Section or ABA conferences. Substitutions for the conference are acceptable. Cancellations may be sent via e-mail to Julie.McCullough@americanbar.org. The ABA reserves the right to cancel any program and assumes no responsibility for personal expenses. TUITION ASSISTANCE A limited number of registration fee waivers or discounts are available. Preference will be given to government employees, public interest lawyers employed with nonprofit organizations, academics, solo or small firm practitioners of limited means, and unemployed lawyers. To apply, complete the online application by visiting www.shopaba.org/ EnvironSpring and clicking Registration by Tuesday, February 16, 2016. Questions? Contact Julie. McCullough@americanbar.org. LAW STUDENT SCHOLARSHIP OPPORTUNITY A limited number of scholarships are available to law students interested in attending the entire conference and volunteering. Responsibilities will include assisting with CLE session logistics and participating in the public service project (if your schedule permits). Benefits will include a registration fee waiver, an assigned “Guide” from Section leadership for the conference, and networking opportunities. To be considered as a law student scholar you must be a member of the ABA Section of Environment, Energy, and Resources. To apply, complete the online application by visiting www.shopaba.org/EnvironSpring and clicking Law Student Information by Tuesday, February 16, 2016. Questions? Contact John.Sturk@americanbar.org. CONFERENCE COURSE MATERIALS Course materials and related background information will be provided to attendees online prior to the conference. You may wish to bring a laptop, netbook, or tablet to view the materials onsite as complimentary Wi-Fi access will be available. CLE CREDIT The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, PR, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit or contact Julie McCullough at Julie.McCullough@americanbar.org or (312) 988-5724. DRESS AND WEATHER Section meetings are business casual. Suggested dress includes slacks, skirts, polo-type shirts or blouses, sweaters, and comfortable shoes. The hotel will be cooler, so please pack a jacket or sweater. The average temperature in Austin in March ranges from a high of 72 degrees to a low of 51 degrees. DIETARY RESTRICTIONS If you have any dietary restrictions, please so indicate during registration or by e-mail to the Program Assistant at Julie.McCullough@ americanbar.org by Monday, March 14, 2016, so that your needs are noted. AMERICANS WITH DISABILITIES ACT If any special arrangements are required for a disabled individual to attend this conference, please call or e-mail Julie McCullough, Program Assistant, at (312) 988-5724 or Julie.McCullough@ americanbar.org by Monday, March 14, 2016. GROUP DISCOUNT Law firms and other organizations registering four or more attendees are eligible for a group discount. Prior arrangements must be made with Julie McCullough, at Julie.McCullough@americanbar.org or (312) 988-5724. All registrations for a group discount must be received together. Discounts will not be applied retroactively. Discounted rates granted to speakers, sponsors, or tuition waiver candidates do not count towards group discount opportunities. ACHIEVING CARBON NEUTRALITY Calculated with great care, the Section estimates that the average attendee’s participation will generate approximately one metric ton of carbon emissions. Attendees can offset his or her carbon footprint by adding $20 to your registration fee. This will cover the cost of a one-ton carbon credit and help pay for tree plantings and public service projects!