Law Seminars International Presents: The Third Annual Advanced Conference on

Natural Resource Damages Claims
New case law and legislation, and best strategies

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

July 9 & 10, 2009
La Fonda Hotel in Santa Fe in Santa Fe, NM

Who Should Order This Homestudy

In-house and private attorneys, consultants, corporate managers and governmental representatives, and others who are involved in natural resource damage claims

Why Order

CERCLA Natural Resource Damage (NRD) litigation remains 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 state natural resource trustees and potentially responsible parties. As new case law has developed, trustees and other stakeholders have responded to level or tilt (depending upon your perspective) the playing field with new regulations and draft legislation.

What are the limits of NRD claims? How will trustees use other 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?

These and other questions will be discussed at this advanced 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.

James A. Bruen, Esq. and Richard O. Curley, Jr., Esq., Program Co-Chairs

What You Will Learn

What Attendees Said


Thursday, July 09, 2009

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview

James A. Bruen, Esq., Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

Richard O. Curley, Jr., Esq., Program Co-Chair
Curley & Associates LLC / Golden, CO

8:45 am

The U.S. Department of Justice's Perspective on Natural Resource Damage (NRD) Claims

The federal process, key cases and current events

John C. Cruden, Esq., Deputy Assistant Attorney General, Environmental & Natural Resources
U.S. Department of Justice / Washington, DC

9:15 am

Sources, Nature, and Relative Strength of NRD Claims

Vicky L. Peters, Esq., Independent Consultant, Legal Advisor
Attorney at Law / Lakewood, CO

Brian J. Cleary, Esq.
The Cleary Law Group, P.C. / Hayden, ID

Peter C. Chestnut, Esq.
Chestnut Law Offices / Albuquerque, NM

10:15 am


10:30 am

Case Law Update and NRD Claims Around the Country

A survey of cases from around the country that have implications for NRD litigation

John K. Dema, Esq.
Law Offices of John K. Dema, P.C. / Christiansted, VI

Scott E. Kauff, Esq.
Law Offices of John K. Dema, P.C. / Rockville, MD

11:15 am

Determining Natural Resource Injury and Strategies for Conducting/Resisting NRD Assessments

Assessment of injury as the foundation of a NRD claim; evolving methodologies employed by trustees to establish injury and potential defenses; issues related to the assessment process including cooperative assessments

Angus Macbeth, Esq.
Sidley Austin LLP / Washington, DC

Kenneth Jenkins, Ph.D., Senior Vice President and Discipline Director for NRD
ARCADIS / Petaluma, CA

12:15 pm

Lunch (on your own)

1:30 pm

Lessons Learned from Managing Complex NRD Cases

Evaluating the claim for management; establishing the in-house team to manage litigation; selecting counsel and experts; helping, not hindering, in strategy and litigation review; trusting the team

Mark Barash, Esq., Moderator, Senior Attorney
U.S. Department of the Interior / Boston, MA

Jean Martin, Esq., Senior Attorney, Legal Department
BP / Warrenville, IL

Robert W. Johnson, Esq., Chief Attorney, Environmental
Exxon Mobil Corporation / Houston, TX

Nathaniel Barber, Esq., Associate Attorney, Office of General Counsel
New York State Department of Environmental Conservation / Albany, NY

2:45 pm

Defenses to Claims of Natural Resource Damages

New twists on conflict preemption; CERCLA 113(h), CERCLA 107 defenses and state claim defenses

James A. Bruen, Esq., Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

3:30 pm


3:45 pm

Rule 702/Daubert and NRD

Rule 702/Daubert standards for admissibility of expert opinions in the NRD context; lessons learned from recent litigation

Donald W. Fowler, Esq.
Hollingsworth LLP / Washington, DC

4:30 pm

Economic Valuation of Natural Resource Damages

Trustee's perspective

Robert E. Unsworth, President
Industrial Economics, Incorporated / Cambridge, MA

Defendant's perspective

William H. Desvousges, Ph.D., President
W.H. Desvousges & Associates / Raleigh, NC

5:30 pm

Continue the Exchange of Ideas: Reception for Attendees and Faculty

Sponsored by Curley & Associates LLC and Farella Braun + Martel LLP


Friday, July 10, 2009

8:00 am

Registration and Continental Breakfast

8:30 am

Strategies for Determining Baseline

Historical and ecological research to define the quality of the resource absent defendant's actions

Brian D. Israel, Esq.
Arnold & Porter LLP / Washington, DC

9:15 am

Counterclaims and Third Party Claims

Richard O. Curley, Jr., Esq., Program Co-Chair
Curley & Associates LLC / Golden, CO

10:00 am


10:15 am

Settlement of NRD Litigation

Trustee's perspective

Allan Kanner, Esq.
Kanner & Whiteley, L.L.C. / New Orleans, LA

Defendant's perspective

Steven G. Jones, Esq.
Marten Law Group PLLC / Seattle, WA

11:15 am

What's Next in NRD Litigation?

An overview of current NRD litigation and its impact on possible future actions; what federal and state trustees may do next

Ira Gottlieb, Esq.
McCarter & English LLP / Newark, NJ

11:45 am

Establishing Trusteeship Over Injured Resources

Requirements of United States, State and Tribal Trusteeship; coordination among trustees in preparing damage assessments; coordination between trustees and EPA concerning restoration and remediation

United States trusteeship

Deborah K. Tellier, Esq.
Farella Braun + Martel LLP / San Francisco, CA

State trusteeship

Michael R. Thorp, Esq.
Summit Law Group / Seattle, WA

Tribal trusteeship

Brian J. Cleary, Esq.
The Cleary Law Group, P.C. / Hayden, ID

12:30 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 10.7 NM 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 written course materials, is available for $1005. The written course materials, or searchable CDs of the course materials, 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 (whichever is later).
Order Homestudy

Faculty Bios

James A. Bruen, Program Co-Chair, 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.

Richard O. Curley, Jr., Program Co-Chair, 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.

Mark Barash, Moderator, a Senior Attorney with the U.S. Department of the Interior, focuses on development of natural resource damages policies and case approaches. He manages and directs 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 from Maine to Virginia.

Nathaniel Barber, Associate Attorney in the Office of General Counsel at the New York State Department of Environmental Conservation (NYSDEC), leads the team of NYSDEC attorneys pursuing New York's NRD claims and is Section Chief for Natural Resource Damages within the Bureau of Remediation and Revitalization. Previously he was the Hazardous Waste Compliance Counsel (RCRA) and Pesticides Compliance Counsel.

Peter C. Chestnut, founder of Chestnut Law Offices, primarily represents Pueblo Indian governments and organizations in New Mexico. He represents the Pueblo de San Ildefonso as general counsel and on the Natural Resources Trustee Council for Los Alamos National Laboratory in New Mexico.

Brian J. Cleary, shareholder of The Cleary Law Group, P.C., focuses on environmental, bankruptcy, gaming, submerged lands ownership, hydropower licensing and water rights law litigation.

John C. Cruden, Deputy Assistant Attorney General of the Environment and Natural Resources Division at the U.S. Department of Justice, supervises the Environmental Enforcement and Environmental Defense Sections.

John K. Dema, founder of Law Offices of John K. Dema, P.C., focuses on natural resource damage recoveries on behalf of Trustees of Natural Resources, specializing in groundwater and marine resources.

William H. Desvousges, Ph.D., President of W. H. Desvousges & Associates in Raleigh, NC, has led major NRDA valuations, co-authored the economic handbook for the Department of Interior regulations, and is admitted as an expert in measuring NRD groundwater injuries in federal court.

Donald W. Fowler, partner at Hollingsworth LLP, concentrates on the defense of environmental and toxic tort litigation, including actions brought by federal and state natural resource trustees.

Ira Gottlieb, partner at McCarter & English, LLP, focuses on environmental law, natural resource damage assessments, superfund surface water sediment and other site remediation matters and insurance coverage on behalf of policyholders.

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.

Kenneth Jenkins, Ph.D., Senior Vice President and Discipline Director for Natural Resource Damages at ARCADIS, provides strategic consulting, expert testimony and litigation support for potentially responsible parties in natural resource damage actions, allocation issues under CERCLA, and sediment and water quality issues under the CWA.

Robert W. (Rob) Johnson is Chief Attorney of Environmental at Exxon Mobil Corporation. He has overall responsibility for the provision of legal services on environment, safety and health issues to Exxon Mobil Corporation and its worldwide affiliates.

Steven G. Jones, partner at Marten Law Group PLLC and Chair of the Litigation Department, focuses on litigation arising under CERCLA, the Clean Water Act, the Federal Torts Claim Act, and solid waste and nuisance issues. He was named an environmental "Super Lawyer" by Washington Law and Politics.

Allan Kanner, founder of Kanner & Whiteley, L.L.C., focuses on environmental law, toxic tort, commercial litigation, first-party insurance, consumer fraud and complex class action suits and represents states and tribes in NRD matters, including representing trustees in NRD litigations and negotiations.

Scott E. Kauff, of counsel at the Law Offices of John K. Dema, P.C., focues on environmental and toxic torts litigation, and environmental counseling. He has worked with clients in both prosecuting and defending NRD claims, and is currently assisting several trustees in prosecuting their claims.

Angus Macbeth, senior counsel and head of the Environmental Law Practice Group at Sidley Austin LLP, focuses on RCRA, and EPA's administration of the Clean Air and Clean Water Acts.

Jean Martin is Senior Attorney in the Legal Department of BP.

Vicky L. Peters, independent consultant and legal advisor, focuses on environmental enforcement. She was Senior Assistant Attorney General of Natural Resources and Environment for the Colorado Department of Law and worked on Colorado's two largest NRD cases, the Rocky Mountain Arsenal and the California Gulch site in Leadville.

Deborah K. Tellier, partner at Farella Braun + Martel LLP in the Environmental Law Department, focuses on compliance with federal, state, and local environmental laws and redevelopment of Brownfields properties. She represents companies in administrative proceedings and enforcement actions. Previously she was Associate General Counsel and Chief Compliance Officer for the Gordon and Betty Moore Foundation.

Michael R. Thorp, partner at Summit Law Group, focuses on environmental and natural resource litigation and counseling, including toxic tort class actions, and wrote "Handbook of the Law of Natural Resource Damages."

Robert 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 Indian Tribes.