(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)
Attorneys, consultants, corporate managers and all governmental or private practice environmental professionals
Natural Resource Damage litigation is at the cutting edge of environmental law. NRD claims in state and federal courts across the United States, and associated state statutory and common law claims, present complex strategic, tactical and substantive issues for both natural resource trustees and potentially responsible parties.
What are the latest trends in NRD law? What are the limits of NRD claims? What legal principles will trustees rely upon? How will trustees use statutes to avoid recent federal and state NRD decisions? How can trustees and responsible parties best position themselves during the natural resource injury assessment process? What are the most effective (and least effective) NRD claims? What are the most effective (and least effective) defenses to NRD claims? How are NRD injuries monetized? What are the best strategies and tactics to handle large, complex NRD litigation? What innovative strategies are available for settling NRD claims?
These and other questions will be discussed at this conference. Our faculty is drawn from senior environmental leaders across the country. They come from affected industry, federal and state government, nationally recognized plaintiff and defense firms, and environmental and economic consultant practices directly involved in the precedent-setting NRD lawsuits resolved in the last five years.
Serious environmental practitioners will not want to miss this event.
~ Program Co-Chairs: Ira Gottlieb, Esq. and Stephen T. Parkinson, Esq.
Ira Gottlieb, Esq., Program Co-Chair
McCarter & English, LLP / Newark, NJ
Stephen T. Parkinson, Esq., Program Co-Chair
Groff Murphy, PLLC / Seattle, WA
Loren R. Dunn, Esq.
Riddell Williams P.S. / Seattle, WA
Lanny S. Kurzweil, Esq.
McCarter & English, LLP / Newark, NJ
New twists on conflict preemption; CERCLA 113(h), CERCLA 107 defenses and state claim defenses
James A. Bruen, Esq.
Farella Braun + Martel LLP / San Francisco, CA
A survey of cases with implications for NRD litigation
Paul N. Singarella, Esq., P.E.
Latham & Watkins LLP / Costa Mesa, CA
Steven M. Jawetz, Esq.
Beveridge & Diamond PC / Washington, DC
Richard O. Curley, Jr., Esq.
Curley & Associates LLC / Golden, CO
Developments related to the Passaic River litigation and other litigations
William J. Jackson, Esq.
Jackson Gilmour & Dobbs, PC / Houston, TX
Update on cleanup activities; developments with respect to NRD and other perspectives on future developments
William H. Hyatt, Jr., Esq.
K&L Gates LLP / Newark, NJ
Ira Gottlieb, Esq., Program Co-Chair, Moderator
McCarter & English, LLP / Newark, NJ
Fern Fleischer Daves, Esq., Senior Counsel
ITT Corporation / White Plains, NY
David S. Rifkind, Esq., Vice President and General Counsel
Buzzi Unicem USA, Inc. / Bethlehem, PA
Sponsored by McCarter & English, LLP and Groff Murphy, PLLC
Restoration Banking: Evolving trustee perspectives on upfront restoration, how it works; how credit system might be established
Mark S. Laska, Ph.D., CEO and President
Great Ecology and Environments, Inc. / New York, NY
Case study on the use of ADR techniques at Hylebos Waterway near Tacoma; economic incentives for PRPs to construct compensatory wetlands and trade credits for excess ecological value
William J. Hengemihle, Managing Director
LECG, LLC / Wayne, PA
Land preservation and restoration; current issues in settlements; quantifying damages; settlement case studies: Tabernacle Drum, Hatco, South Jersey Industries
Michael Catania, Esq., President
Conservation Resources Inc. / Chester, NJ
Valuating claims; economic methodologies; surveys; update on DOI regulations; random utility models; conjoint analysis; Are the numbers appropriate?
Rick Dunford, Ph.D., Owner
Environmental Economics Services, LLC / Raleigh, NC
Jason C. Kinnell, Principal Economist
Veritas Economic Consulting, LLC / Cary, NC
Robert E. Unsworth, President
Industrial Economics, Incorporated / Cambridge, MA
Future trends and developments
Brian D. Israel, Esq.
Arnold & Porter LLP / Washington, DC
The use of Daubert to challenge plantiffs' NRD experts and expert theories
Eric G. Lasker, Esq.
Hollingsworth LLP / Washington, DC
Recent developments in cooperative assessment processes in Portland Harbor, Newark Bay and other sites around the country
Stephen T. Parkinson, Esq., Program Co-Chair
Groff Murphy, PLLC / Seattle, WA
Mark Barash, Esq., Senior Attorney
U.S. Department of the Interior / Boston, MA
Rachel DelVecchio, Senior Associate
Industrial Economics, Incorporated / Cambridge, MA
There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders
This program qualifies for 14.5 NY (non-transitional) CLE and 12.5 PA 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 DVD recording and the course materials (either a binder or searchable CD), is available for $1005. The course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or from the date we receive payment.
Order Homestudy
Ira Gottlieb, Program Co-Chair, partner at McCarter & English, LLP, focuses on environmental law, NRD assessments, superfund surface water sediment and other site remediation matters, and insurance coverage on behalf of policyholders. He is co-author of a book chapter, "A Practical Guide to Litigating Natural Resource Damages Claims," which is part of an ABA publication entitled Environmental Litigation: Law and Strategy.
Full bio and contact info for Ira Gottlieb at McCarter & English, LLP
Stephen T. Parkinson, Program Co-Chair, partner at Groff Murphy, PLLC, focuses on environmental law including contaminated properties, cleanup and cost recovery actions under state and federal Superfund law, NRD claims, and stormwater and wetlands issues. He has been named by "Washington CEO Magazine" as one of "Washington's Most Amazing Attorneys" and is listed as a "Super Lawyer."
Full bio and contact info for Stephen T. Parkinson at Groff Murphy, PLLC
Mark Barash, Senior Attorney with the U.S. Department of the Interior, focuses on development of natural resource damages policies and case approaches. He manages claims of national significance, such as Hudson River PCBs and Passaic River /Newark Bay Complex, along with other CERCLA NRD cases, oil spills, and National Park Service 19jj claims covering a 13-state region.
James A. Bruen, partner at Farella Braun + Martel LLP, specializes in representation of industry, universities and governmental institutions in complex domestic and international products and environmental counseling and litigation. He was an Enforcement Attorney for the FCC, an Assistant U.S. Attorney for the Northern District of California, and Chief of the U.S. Attorney's Civil Division, and is named one of the top 25 environmental lawyers in the country.
Full bio and contact info for James A. Bruen at Farella Braun + Martel LLP
James A. Bruen, partner at Farella Braun + Martel LLP, specializes in representation of industry, universities and governmental institutions in complex domestic and international products and environmental counseling and litigation. He was an Enforcement Attorney for the FCC, an Assistant U.S. Attorney for the Northern District of California, and Chief of the U.S. Attorney's Civil Division, and is named one of the top 25 environmental lawyers in the country.
Michael Catania is President and founder of Conservation Resources Inc., a non-profit conservation group which provides financial and technical assistance to the conservation community in New Jersey. Previously he was Deputy Commissioner of the NJ Department of Environmental Protection.
Richard O. Curley, Jr., founder of Curley & Associates LLC, specializes in CERCLA and state law equivalent remediation matters and advocacy relating to legislative and regulatory reform of CERCLA, natural resource damages, cost recovery litigation, and criminal and civil litigation concerning claims under RCRA, the Clean Water Act and TSCA.
Fern Fleischer Daves, Senior Counsel of Environment, Safety and Health at ITT Corporation, focuses on regulatory compliance, legacy site remediation, litigation, product safety, contracts and corporate transactions.
Rachel DelVecchio, Senior Associate at Industrial Economics, Incorporated, focuses on the science behind natural resource damage assessment, the generation of supporting evidence for environmental litigation, and the application of technical information to support environmental policy and regulation.
Rick Dunford, Ph.D., is the owner of Environmental Economics Services, LLC, a consulting firm specializing in NRD assessment. He specializes in groundwater and recreation damages, and was co-founder of Triangle Economic Research
Loren R. Dunn, principal at Riddell Williams P.S., is Chair of the Environmental and Natural Resources Group, handles projects involving hazardous waste and large multi-party toxics cleanup sites, water sediment sites and NRD claims. He was named one of "75 Top Business Lawyers" by Seattle Business Monthly magazine, is listed in Chambers, and is a "Super Lawyer."
William J. Hengemihle, Managing Director at LECG, LLC, provides arbitration and mediation for environmental cleanup, restoration projects and NRD claims at urban rivers and waterways. He worked as a mediator for NRD claims at the Hylebos Waterway portion of the Commencement Bay Nearshore/Tideflats Superfund Site.
William H. Hyatt, Jr., partner at K&L Gates LLP, concentrates on environmental law and related litigation, with extensive Superfund experience. He is listed in Chambers and "Euromoney's Guide to the World's Leading Environmental Lawyers."
Brian D. Israel, partner at Arnold & Porter LLP, specializes in environmental litigation and counseling, including contaminated properties, toxic tort lawsuits and natural resource damages claims. He wrote the "Natural Resource Damages" chapter in the Environmental Law Practice Guide.
William J. Jackson, president and founding shareholder of Jackson Gilmour & Dobbs, PC, focuses on representing states, governmental entities, ports and transportation sector clients in NRD, cost-recovery and remediation claims.
Steven M. Jawetz, principal and Chair of the CERCLA/Contaminated Properties Section in the Environmental Practice Group at Beveridge & Diamond, PC, focuses on matters under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), and the Resource Conservation and Recovery Act.
Jason C. Kinnell, Principal Economist at Veritas Economic Consulting, LLC, specializes in the application of environmental economic analysis to 316(a) & (b) compliance strategies, restoration evaluation and planning, natural resource damage assessments and exposure assessments.
Lanny S. Kurzweil, partner at McCarter & English, LLP, handles cost recovery actions in cases involving landfills, groundwater, soil contamination, underground storage tanks and counsels clients on NRD issues. He is listed in Chambers and is a "Super Lawyer."
Full bio and contact info for Lanny S. Kurzweil at McCarter & English, LLP
Mark S. Laska, Ph.D., CEO and President at Great Ecology and Environments, Inc., is experienced as an ecologist, focusing on terrestrial and wetland biology and ecological strategy for private sector clients. He also concentrates on NRD projects, helping clients leverage existing assets to offset financial penalties.
Full bio and contact info for Mark S. Laska at Great Ecology and Environments, Inc.
Eric G. Lasker, partner at Hollingsworth LLP, specializes in environmental and toxic tort litigation. He has litigated issues involving Daubert, the federal preemption defense, and NRD claims, and is experienced in international law and the defense of environmental terrorism claims.
Full bio and contact info for Eric G. Lasker at Hollingsworth LLP
David S. Rifkind, Vice President and General Counsel of Buzzi Unicem USA, Inc., was part of the team managing the State of New Mexico v. General Electric Co NRD case. Previously he was co-chair of the ABA Section on Energy, Environment and Resources, Committee on Superfund and Natural Resource Damages Litigation, and an in-house attorney with Exide Corporation and General Electric Company.
Paul N. Singarella, P.E., partner at Latham & Watkins LLP, is Chair of the Environment, Land & Resources Department in the Orange County office. He is experienced in environmental, water, natural resources and land use.
Full bio and contact info for Paul N. Singarella at Latham & Watkins LLP
Robert E. Unsworth, President of Industrial Economics, Incorporated, specializes in natural resource economics and damage assessment, environmental benefits assessment and policy analysis. He has provided support to the U.S. Department of Justice, NOAA, U.S. Department of Interior, states and tribal governments.
