Law Seminars International Presents: An Advanced Two-Day Conference on

Environmental Resource Litigation
Practical advice on preparing, presenting and defending environmental and land use cases in California and beyond

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)



July 28 & 29, 2008
Grand Hyatt San Francisco Hotel in San Francisco, CA

Who Should Order This Homestudy

Attorneys, consultants, technical professionals, and local, state and federal agency officials and other professionals in environmental litigation

Why Order

This advanced seminar on environmental litigation will provide participants with a unique opportunity to learn about cutting-edge topics from experienced environmental practitioners, gain valuable perspectives and insights from agency and government lawyers on the front lines of the Clean Water Act, climate change and related enforcement actions, and hear about current cases and practical methods to apply, resolve and fund those actions.

Designed for outside and in-house attorneys, consultants, technical professionals, and local, state and federal agency officials, the program will focus on environmental matters and trends in California and beyond essential to successful litigation.

~Program Co-Chairs: Robert L. Hines, Esq. and Sandi L. Nichols, Esq.

You Will Learn About



Agenda

Monday, July 28, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Robert L. Hines, Esq., Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

Sandi L. Nichols, Esq., Program Co-Chair
Allen Matkins Leck Gamble Mallory & Natsis LLP / San Francisco, CA

 
8:45 am

Handling the Administrative Enforcement Action

Recent trends and developments in enforcement action; what to expect and how best to respond when the government asserts a claim; voluntary disclosure, internal investigations and privilege issues; agency claims and penalties; potential resolutions

Robert L. Hines, Esq., Program Co-Chair, Moderator
Farella Braun + Martel LLP / San Francisco, CA

Reed Sato, Esq., Director of Office of Environment
California State Water Resources Control Board / Sacramento, CA

Brian C. Bunger, Esq., District Counsel
Bay Area Air Quality Management District / San Francisco, CA

 
10:15 am

Break

 
10:30 am

The 'Adjudication' of Cleanup and Abatement Orders Under the Water Code Before the Regional and State Water Boards -- A Primer

Christian M. Carrigan, Senior Staff Counsel
State Water Resources Control Board / Sacramento, CA

James L. Meeder, Esq.
Allen Matkins Leck Gamble Mallory & Natsis LLP / San Francisco, CA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Practical Skills for Crafting and Implementing Effective Litigation Strategies: Developing the Case, Effective Use of Experts and Dealing with the Daubert Test

Investigatory phase: Use of consultants and investigators to conduct historical studies to compile documentary support for cases against potentially responsible parties

Trial preparation: Identifying issues for expert testimony; identifying and hiring experts; confidentiality issues; consulting vs. testifying experts; preparing the report; use of graphics; passing the Daubert test

James H. Colopy, Esq.
Farella Braun + Martel LLP / San Francisco, CA

Duane C. Miller, Esq.
Miller, Axline & Sawyer / Sacramento, CA

Thomas M. Johnson, P.G., C.HG., Executive VP, Chief Technical Officer & Principal Hydrogeologist
LFR Inc. / Emeryville, CA

 
2:45 pm

Break

 
3:00 pm

Creative Ways to Resolve Environmental Litigation- Effective Use of Insurance Coverage and Mediation to Settle Cases

Timothy V.P. Gallagher, Esq.
Gallagher & Gallagher / Los Angeles, CA

Duane E. Bennett, Esq., General Counsel/Port Attorney
San Diego Unified Port District / San Diego, CA

William D. Brown, Esq.
Brown and Winters / Cardiff-by-the-Sea, CA

 
4:30 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees Sponsored by Farella Braun + Martel LLP and Allen Matkins Leek Gamble Mallory & Natsis LLP

 

Tuesday, July 29, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

The Heat is On: Greenhouse Gases and Climate Change Litigation

Effective use and defense of climate change issues in the context of the California Environmental Quality Act, the National Environmental Protection Act and the Endangered Species Act; what petitioners are looking for and what respondents are doing

Sandi L. Nichols, Esq., Program Co-Chair, Moderator
Allen Matkins Leck Gamble Mallory & Natsis LLP / San Francisco, CA

Ken Alex, Esq., Supervising Deputy Attorney General
California Office of the Attorney General / Oakland, CA

Kassie Siegel, Esq., Staff Attorney, Climate, Air, and Energy Program Director
Center for Biological Diversity / Joshua Tree, CA

Michael H. Zischke, Esq.
Cox, Castle & Nicholson LLP / San Francisco, CA

 
10:00 am

Break

 
10:15 am

Clean Water Act Citizen Suits: Liability is "Strict", So What's Left to Discuss?

Initial strategies after receiving 60-day notice factual and documentary investigation; procedural issues; bifurcation of liability and penalty bases; summary judgment motions; elements of a settlement/consent decree

Sandi L. Nichols, Esq., Program Co-Chair, Moderator
Allen Matkins Leck Gamble Mallory & Natsis LLP / San Francisco, CA

Michael R. Lozeau, Esq.
Lozeau | Drury LLP / Alameda, CA

Christopher J. Carr, Esq.
Morrison & Foerster LLP / San Francisco, CA

 
12:00 pm

Evaluations and Adjourn

 


Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 9.5 CA MCLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.



Cost

Our complete Homestudy Course, consisting of a DVD recording and the written course materials, is available for $805. The written course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy



Faculty Bios

Robert (Buzz) L. Hines, Program Co-Chair, partner and chair of Farella Braun + Martel LLP's Enviromental Department, represents clients in complex governmental and private litigation and enforcement actions, including state and federal Superfund actions, natural resource damage claims, air and water actions, and multi-media agency proceedings. He is listed in The International Who's Who of Environmental Lawyers.

Sandi L. Nichols, Program Co-Chair, partner at Allen Matkins Leck Gamble Mallory & Natsis LLP, focuses on environmental and land use matters and litigation. She represents ports, oil companies, developers and commercial landowners in CEQA, Clean Water Act, CERCLA and state hazardous waste matters.

Ken Alex, is Supervising Deputy Attorney General in the Environment Section of the California Office of Attorney General and head of the Office's Global Warming Unit. He worked on the energy task force. California Lawyer named him an "Attorney of the Year" for his work in energy and environmental law.

Duane E. Bennett, General Counsel and Port Attorney for the San Diego Unified Port District, advises and represents the Board of Port Commissioners and District departments and staff in legal matters related to the Brown Act, conflicts of interest, environmental, public contract, employment, real estate, planning and maritime laws.

William D. Brown, partner at Brown and Winters, specializes in environmental law and focuses on representing cities and redevelopment agencies. He drafted and sponsored numerous California environmental statutes and testified before the Senate and Assembly Toxics Committees.

Brian C. Bunger, District Counsel for the Bay Area Air Quality Management District, is principal manager for all legal affairs of the BAAQMD, including enforcement actions pursued by the District, counsel on regulatory and administrative law, and counsel to the District's Executive Officer, Board of Directors and Advisory Council.

Christopher J. Carr, partner at Morrison & Forester LLP, focuses on natural resources law, including forestry, agriculture, endangered species, water quality, fisheries, land use and real property law. He has experience litigating under the Endangered Species Act and the Clean Water Act.

Christian M. Carrigan recently joined the Office of Enforcement at the State Water Resources Control Board as Senior Staff Counsel. Previously, he was in private practice, where he specialized in land use and environmental law, with emphasis in litigation and administrative advocacy.

James H. Colopy, partner at Farella Braun + Martel LLP's Environmental Law Department and Business Litigation Group, focuses on environmental and commercial litigation and alternative despute resolution proceedings.

Timothy V.P. Gallagher, founder of Gallagher & Gallagher, focuses on environmental law, including air, water, toxic substances, mining, Superfund, CEQA and hazardous waste issues. He designed, negotiated, documented and closed a large environmental liability transfer arrangement on behalf of California in the matter of Iron Mountain Mines.

Thomas M. Johnson, is Executive Vice President, Chief Technical Officer and Principal Hydogeologist for LFR Inc., an environmental consulting firm. He is past President and is on the Board of Directors of the California Groundwater Resources Association.

Michael R. Lozeau of the Law Office of Michael R. Lozeau, focuses on non-profit and public interest clients in water quality, land use, endangered species and other environmental law.

James L. Meeder, partner at Allen Matkins Leck Gamble Mallory & Nastis LLP, practices civil and criminal trial and appellate work, including complex civil and criminal environmental cases.

Duane C. Miller, partner at Miller, Axline & Sawyer and specialist in toxic torts, contributed to the "Toxic Torts and Environmental Litigation" section for the Guide, California Environmental Law and Land Use Practice and was named "California Environmental Attorney of the Year".

Reed Sato is Director of the Office of Enforcement for the California State Water Resources Control Board. He was lead counsel in three underground storage penalty cases in the U.S., including People v. Atlantic Richfield Company. He also specialized in environmental contamination litigation under the federal Superfund law.

Kassie Siegel, Staff Attorney and Climate, Air and Energy Program Director at the Center for Biological Diversity, develops and implements campaigns for reducing greenhouse gas pollution and protecting animals threatened by global warming.

Michael H. Zischke, partner in Cox, Castle & Nicholson LLP's Land Use Group, focuses on CEQA and land use litigation and compliance. He co-wrote Practice Under the California Environmental Quality Act and represented San Bernardino County in the first climate change CEQA lawsuit and resulting settlement with the Attorney General's Office. He has been recognized in Chambers and Partners as one of the state's top attorneys in both land use and environmental law.