Law Seminars International Presents: A comprehensive conference on

Climate Change and Land Use
Global warming impacts on land use planning and project approvals

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

May 5 & 6, 2008
Doubletree Hotel Tarrytown in Tarrytown, NY

Who Should Order This Homestudy

Attorneys, local governments attorneys, planners, engineers, consultants and developers

Why Order

To date, most of the efforts to limit greenhouse gas emissions in response to climate change, have focused on electric power generation and transportation. As those efforts mature, more and more attention is being paid to land use planning and project review at the local level.

California, Washington, Oregon and Massachusetts have all passed legislation seeking to regulate GHG emissions in private development and environmentally sensitive projects through their environmental review process. California has passed a landmark statute, AB 32, which requires local governments to consider global warming impacts as part of their planning processes. The settlement agreement between the state and San Bernardino County sheds some light on how the state plans to implement that policy. There is a growing list of other pioneering efforts by local governments that we will address.

For this first-of-its-kind conference, we have assembled experts from early adopter jurisdictions around the country, as well as leading New York land use professionals, to provide insights for the local governments attorneys, planners, consultants and developers. Hear about the factors that go into a successful regulatory program, the appropriate scope of local review in the Hudson River Valley and surrounding regions, and the best way for developers to respond to the concerns leading to these new regulations.

~ Program Co-Chairs: Neil J. Alexander, Esq. and John C. Cappello, Esq.

You Will Learn About


Monday, May 05, 2008

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview

Neil J. Alexander, Esq., Program Co-Chair
Cuddy & Feder LLP / White Plains, NY

John C. Cappello, Esq., Program Co-Chair
Jacobowitz & Gubits, LLP / Walden, NY

8:45 am

Update on Federal Policies: The Gaps State and Local Governments Are Seeking to Fill

Massachusetts v. EPA; the agency's response to the ruling that carbon dioxide is a pollutant that it must regulate; the White House Council on Environmental Quality's 1997 draft guidance on assessment of climate change impacts; openings for the states

Michael B. Gerrard, Esq.
Arnold & Porter LLP / New York, NY

The carbon emissions landscape in New York and New England: Emissions sources; activities traditionally subject to state and local regulation; the practical view of where local land use regulation can play an effective role

J. Kevin Healy, Esq.
Bryan Cave LLP / New York, NY

10:15 am


10:30 am

Policy Initiatives in Leading States and Sources of Regulatory Authority

Massachusetts' 2007 Greenhouse Emissions Policy adopted by the Executive Office of Energy and Environmental Policy: Applies to indirect impacts; consideration of alternatives and mitigation; advisory committee's work to formulate a protocol

Ruth H. Silman, Esq.
Nixon Peabody LLP / Boston, MA

California's Global Warming Solutions Act of 2006 (AB 32): Timing of implementation by Air Resources Board; interim measures under California Environmental Quality Act; required actions by state agencies and local government; transportation initiatives

Arthur J. Friedman, Esq.
Sheppard Mullin Richter & Hampton LLP / San Francisco, CA

Washington, King County Executive Order: Statutory authority; rationale and goals; implementation procedures; expected impact on local planning and review processes

Eric Laschever, Esq.
Stoel Rives LLP / Seattle, WA

12:15 pm

Lunch (on your own)

1:30 pm

Policy Priorities at the New Office of Climate Change

Climate action plan; initiatives a local board can take to see how a project fits into the overall plan

Peter M. Iwanowicz, Director, Climate Change Office
New York State Department of Environmental Conservation / Albany, NY

2:15 pm

Local Government Authority in New York on Climate Change

Authority under the New York State Environmental Quality Review Act (SEQRA) and the 2002 State Energy Plan

Steven M. Silverberg, Esq.
Silverberg Zalantis LLP / White Plains, NY

Regulatory options under a municipality's home rule authority

David E. Church, AICP, Commissioner of Planning
Orange County, New York / Goshen, NY

3:30 pm


3:45 pm

Climate Change Impact Analysis: Establishing Baselines and Modeling in Light of the Correct Criteria

Guidance from the 2007 Association of Environmental Professionals white paper on Climate Change Impact Analysis in CEQA Documents

Michael Hendrix, Director of Air Quality
Chambers Group, Inc. / Redlands, CA

Deciding what climate change impacts to analyze: Direct operational impacts; indirect operational impacts; construction impacts; impact of climate change on the long-term viability of the project

David Poulson, P.E., Senior Director
The Chazen Companies / Poughkeepsie, NY

Determining the most appropriate geographical scope for the analysis: Local? Regional? Which governmental entity?

Neil A. Wilson, Esq., AICP, President
LRC Planning Services, LLC / Poughkeepsie, NY

5:30 pm

Reception for Attendees and Faculty Sponsored by Cuddy & Feder LLP and Jacobowitz & Gubits LLP


Tuesday, May 06, 2008

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction & Overview

Neil J. Alexander, Esq., Program Co-Chair
Cuddy & Feder LLP / White Plains, NY

John C. Cappello, Esq., Program Co-Chair
Jacobowitz & Gubits, LLP / Walden, NY

8:45 am

Analyzing Transportation and Other Impacts Related to the Location of the Project

Case studies of models; updates to incorporate climate change impacts from carbon dioxide emissions

John T. Collins, Ph.D., P.E.
John Collins Engineers, P.C. / Hawthorne, NY

Traffic engineer perspective

Robert M. Eschbacher, P.E., Principal
Eschbacher VHB Engineering, Surveying and Landscape Architecture, P.C. / Hauppauge, NY

10:15 am


10:30 am

Critical Components of Project Design and Materials Selection

An architect's perspective on assessing the benefits from various green building programs such as the LEEDs program

Leo Pierre Roy, Director, Environmental Services
Vanasse Hangen Brustlin Inc / Watertown, MA

Planner's perspective on pros and cons of relying on modeling for decision making

Graham L. Trelstad, AICP, Vice President
AKRF, Inc. / White Plains, NY

12:00 pm

Lunch (on your own)

1:15 pm

Developing Regional Action Plans for Land Use

Current state transportation planning strategies and priorities; state perspective on coordination, particularly for public transportation, with local governments

Patrick Lentlie, Ph.D., Air Quality Section, Environmental Science Bureau
New York State Dept of Transportation / Albany, NY

Best local planning practices and tools available for reducing sprawl by developing walkable communities around transportation hubs

John C. Cappello, Esq., Program Co-Chair
Jacobowitz & Gubits, LLP / Walden, NY

2:45 pm


3:00 pm

Putting It All Together: Stakeholder Perspectives of the Most Effective and Workable Approaches to Land Use Planning and Global Warming

Addressing environmental concerns and the implementation challenges for both local government and developers

Neil J. Alexander, Esq., Program Co-Chair, Moderator
Cuddy & Feder LLP / White Plains, NY

Architect perspective

Frederic Schwartz, FAIA
Frederic Schwartz Architects / New York, NY

Developer perspective

Christopher A. Nolan, Director of Development
LCOR Incorporated / New York, NY

Local government perspective

Steve Winkelman, Director, Transportation Program
Center for Clean Air Policy / Port Chester, NY

Environmental intervenor's perspective

Ned Sullivan, President
Scenic Hudson, Inc. / Poughkeepsie, NY

Technical consultant's perspective

Rodney Morrison, P.E., Principal
Land Resource Consultants, Inc. / Red Hook, NY

5:00 pm

Evaluations and Adjourn



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

Continuing Education Credits

This program qualifies for 15.5 NY CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.


Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. 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

Neil J. Alexander, Program Co-Chair, partner at Cuddy & Feder LLP, is a member of the Land Use and Environmental Department, concentrating in real estate development, zoning, environmental law and litigation. He represents clients in obtaining the necessary land use, historic preservation and architectural approvals for their projects, including compliance with SEQRA.

John C. Cappello, Program Co-Chair, is a partner at Jacobowitz & Gubits, LLP on the Municipal Law and the Environmental/Land Use Teams. He has represented private developers in multi-phase and large scale commercial, residential, educational and mixed-use land use applications and has served as attorney for planning boards and zoning board of appeals.
Full bio and contact info for John C. Cappello at Jacobowitz & Gubits, LLP

David E. Church, Commissioner of Planning for Orange County, New York, appointed in 2002, oversees land use, planning, agriculture, tourism and grant units of county government and the County Water Authority and the County Transportation Council.

John T. Collins, Ph.D., President at John Collins Engineers, P.C., focuses on transportation and traffic engineering. He has directed transportation studies and design efforts providing services for commercial and residential developments, and appeared as an expert witness.

Robert M. Eschbacher, a Principal of Eschbacher VHB Engineering, Surveying and Landscape Architecture, P.C., focuses on project management, planning, design and construction inspection of land development and transportation projects. He has provided testimony as a traffic expert.

Arthur J. Friedman, partner at Sheppard Mullin Richter & Hampton LLP, focuses on land use and commercial litigation, and leads the land use litigation subcommittee for the Global Climate Change Practice Group.

Michael B. Gerrard, is partner and head of Arnold & Porter LLP's New York office. He chaired the ABA Section of Environment, Energy and Resources and received the most nominations to Legal Media Group's "Guide to the World's Leading Environmental Lawyers 2007."

J. Kevin Healy, partner at Bryan Cave LLP, is a member of the Environmental and Real Estate Services Groups, focusing on regulatory and permitting matters under the Clean Air Act and National Environmental Policy Act.

Michael Hendrix, Director of Air Quality with the Chambers Group, Inc., is the Director of the Inland Empire Chapter of the Association of Environmental Professionals. He authored the AEP White Paper on Climate Change Impact Analysis in CEQA Documents.

Peter M. Iwanowicz is the Director of the New York State Climate Change Office at the Department of Environmental Conservation. Previously he was Vice President for the American Lung Association of New York State, creating the air quality improvement program.

Eric Laschever, a principal with Stoel Rives LLP in land use, environmental and hazardous waste law, focuses on compliance with the Washington Growth Management Act and helping private and public clients secure permits and approvals needed to implement large infrastructure, energy and complex projects.

Patrick Lentlie, Ph.D. is with the Air Quality Section in the Environmental Science Bureau at the New York State Department of Transportation.

Rodney Morrison, Principal and founding partner at Land Resource Consultants, Inc., is responsible for engineering and design services. He focuses on land development, public works, transportation engineering and recreational facilities design.

Christopher A. Nolan, Director of Development at LCOR Incorporated, is responsible for the development and construction of new projects in the metropolitan New York region. He oversees origination feasibility, planning and land use entitlement.

David Poulson, Senior Director for Engineering Operations at The Chazen Companies, has experience in client, project and staff management for public and private organizations. He focuses on low impact design and community sustainability in land planning.

Leo Pierre Roy is Director of Environmental Services at Vanasse Hangen Brustlin Inc.

Frederic Schwartz of Frederic Schwartz Architects, founded the THINK team, receiving a New York AIA Project Award for the World Cultural Center at Ground Zero and has won national and international design competitions.

Ruth H. Silman, partner at Nixon Peabody LLP, focuses on complex environmental and land use matters, including air quality, hazardous waste assessment and remediation, brownfields redevelopment, wetlands protection, stormwater, wastewater, septic system, and water quality issues at federal, state and local levels.

Steven M. Silverberg, partner at Silverberg Zalantis LLP, is experienced in representing developers and municipalities in land use, zoning and environmental law matters including litigation and appeals in the New York State and Federal Courts.
Full bio and contact info for Steven M. Silverberg at Silverberg Zalantis LLP

Ned Sullivan is President at Scenic Hudson, Inc., which works to protect and restore the Hudson River and its landscape as a national treasure. Previously he was Commissioner of the Maine Department of Environmental Protection.

Graham L. Trelstad, AICP, Vice President at AKRF, Inc., is Director of Planning. His practice includes preparation of environmental impact statements under SEQRA and NEPA for public auctions, private development projects, large transportation and infrastructure projects.

Neil A. Wilson, President of LRC Planning Services, LLC, specializes in land use, real estate and environmental matters. He represents municipal planning and zoning boards of appeal in the review of residential and commercial site development applications.

Steve Winkelman, Director of the Transportation Program at the Center for Clean Air Policy, focuses on transportation, energy and environmental fields. He is co-author of the book Growing Cooler: The Evidence on Urban Development and Climate Change, published by the Urban Land Institute.

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