Law Seminars International Presents: A Comprehensive Two-Day Conference on

Water Quality Regulation in the Chesapeake
New regulatory, legal and business developments

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



February 25 & 26, 2010
Sheraton Baltimore City Center Hotel in Baltimore, MD

Who Should Order This Homestudy

Attorneys, governmental officials, real estate and environmental professionals, consultants and planners

Why Order

The health of the Chesapeake Bay is at the center of many new federal and state initiatives. Stormwater impacts are a focal point for improving the Bay's water quality, and stormwater regulation has changed significantly in the past year as a result.

From President Obama's Executive Order to Maryland's new regulations and revisions to the design manual, real estate and environmental practitioners, developers and facility operators need to be aware of the changes and incorporate them into their project planning.

Compliance will be a significant challenge to many development projects and businesses. Municipalities will face particularly daunting challenges. Facilities are under increasing scrutiny from enforcement and are at increased risk of citizen suit litigation.

We have assembled experienced representatives from the U.S. Environmental Protection Agency, the Maryland Department of the Environment, consultants and practitioners to provide practical suggestions and insights on compliance and other Clean Water Act issues.

Program Co-Chairs: Margaret Witherup Tindall, Esq. and Gina M. Zawitoski, Esq.

What You Will Learn



Agenda

Thursday, February 25, 2010

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Margaret M. Witherup, Esq., Program Co-Chair
Gordon Feinblatt Rothman Hoffberger & Hollander, LLC / Baltimore, MD

Gina M. Zawitoski, Esq., Program Co-Chair
DLA Piper LLP (US) / Baltimore, MD

 
8:45 am

Special Opening Address: Maryland's Water Quality Priorities

Update on the State of Maryland's current programs, activities and priorities to improve water quality in the Chesapeake Bay and throughout the state

Robert M. Summers, Ph.D., Deputy Secretary
Maryland Department of the Environment / Baltimore, MD

 
9:30 am

Status and Impact of Fowler v. U.S. Environmental Protection Agency

Update on the status of the Chesapeake Bay Foundation lawsuit against EPA and its interplay with the Bay TMDL; President Obama's May 12, 2009 Executive Order; recent proposed federal legislation

Jon A. Mueller, Esq., Vice President of Litigation
Chesapeake Bay Foundation / Annapolis, MD

 
10:15 am

Break

 
10:30 am

Overview of the Chesapeake Bay Program and President Obama's May 12, 2009 Executive Order for Chesapeake Bay Protection and Restoration

James R. Edward, Deputy Director, Chesapeake Bay Program
U.S. EPA / Annapolis, MD

 
11:15 am

Update on Water Quality Trading Programs including New Legislative Proposals

Market-based efforts to reduce nutrient loadings through interstate trading; progress report on proposed federal legislation for a mandatory and trade program

Cy Jones, Water Quality Trading Initiative Lead
World Resources Institute / Washington, DC

 
12:00 pm

Lunch (on your own)

 
1:15 pm

EPA Actions, Expectations and Consequences for Bay Restoration

What is being considered in terms of regulatory actions; what the EPA is prepared to do if the states are not successful with their watershed implementation plans

Jeffrey Lape, Director, Chesapeake Bay Program
U.S. EPA / Annapolis, MD

 
2:00 pm

Expanded MS4 Jurisdiction

The expanding obligations of local governments in regulating stormwater discharges and potential impacts on new and existing development

M. Rosewin Sweeney, Esq.
Venable LLP / Baltimore, MD

 
2:45 pm

Break

 
3:00 pm

Update on Changes in Maryland's Stormwater Management Program

Changes to stormwater regulations; stakeholders and their interests; Environmental Site Design concept

Margaret M. Witherup, Esq., Program Co-Chair
Gordon Feinblatt Rothman Hoffberger & Hollander, LLC / Baltimore, MD

Revisions to Maryland Stormwater Design Manual

Pamela D. Marks, Esq.
Beveridge & Diamond PC / Baltimore, MD

Revised soil erosion and sediment control standards and specifications

Eric C. Hadaway, Director of Environmental Services
Daft McCune Walker Inc. / Towson, MD

New permit for stormwater discharges associated with construction activities

Randall M. Lutz, Esq.
Saul Ewing LLP / Baltimore, MD

 
5:00 pm

End of Day

 

Friday, February 26, 2010

8:00 am

Continental Breakfast

 
8:30 am

Impact of New Federal TMDL Limits for the Chesapeake Bay

Technical and legal perspectives on their emerging role in water quality regulation; impacts on permits today and potential impacts over the long term

Gina M. Zawitoski, Esq., Program Co-Chair
DLA Piper LLP (US) / Baltimore, MD

 
9:30 am

Break

 
9:45 am

Implementation of Stormwater Management In Environmental Site Design and Green Building

Technical site design changes and how they differ from what has been allowed in the past; new requirements for low impact development; impact on deferred projects; what is grandfathered in and what will be redesigned to comply with new regulations

Joseph P. Lewandowski, Esq., Partner
Environmental Resources Management, Inc. / Annapolis, MD

Green building issues; low impact development; zoning implications

Robert R. Harris, Esq.
Holland & Knight LLP / Bethesda, MD

 
11:15 am

Anticipating Climate Change Impacts

Technical literature for impacts ranging from increased nitrogen levels and to rising water levels; how the changes are likely to change the regulatory system

Thomas Johnson, Ph.D., Hydrologist, Global Change Research Program
EPA ORD Global Change Research Program / Washington, DC

 
11:45 am

Lunch (on your own)

 
1:00 pm

Strategies for Local Governments: Urban vs. Rural Challenges

Case study of the City of Baltimore as an urban area: Impacts of the Maryland Stormwater Management Act of 2007 on urban redevelopment projects throughout Maryland; anticipated costs for implementation

Sean D. Davis, RLA, Esq., Principal
Morris & Ritchie Associates, Inc. / Laurel, MD

Eastern shore perspective

Anthony G. Gorski, Esq.
Rich & Henderson, P.C. / Annapolis, MD

 
2:15 pm

Break

 
2:30 pm

Office of the Attorney General's Perspective: Addressing Pollution from A to Z

From arsenic in poultry feed to boats' zero sewage discharge, the focus is on preventing pollution, protecting resources and prosecuting polluters; update on OAG's Chesapeake Bay initiatives and what's next

Erin Fitzsimmons, Esq., Special Assistant for the Environment
Office of the Attorney General of Maryland / Baltimore, MD

 
3:00 pm

Wrap Up Panel on Enforcement: What Issues are in Bull's Eye? What are the Best Response Strategies?

State priorities and approach

Steven R. Johnson, Esq., Principal Counsel
Maryland Department of the Environment / Baltimore, MD

Citizen's suits as a tool to enforce the state's water pollution laws, where they think the state is not being aggressive enough; challenges in making effective use of suits to improve water quality in the Chesapeake Bay

Amy E. McDonnell, Esq., Litigation Counsel
Chesapeake Bay Foundation / Annapolis, MD

A defense perspective on agency and citizen enforcement

John E. Griffith, Jr., Esq.
DLA Piper LLP (US) / Baltimore, MD

 
4:30 pm

Evaluations and Adjourn

 


Cancellation

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

Continuing Education Credits

This program qualifies for 11.5 VA CLE 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 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



Faculty Bios

Margaret Witherup, Program Co-Chair, member at Gordon Feinblatt Rothman Hoffberger & Hollander, LLC in the Environmental and Energy, and Litigation Practice Groups, focuses on environmental law and general business litigation. Previously she was an Assistant Attorney General for the Maryland Port Administration.

Gina M. Zawitoski, Program Co-Chair, partner at DLA Piper LLP (US), focuses on environmental matters relating to corporate and real property transactions, and regulatory compliance and permitting, including wastewater management, hazardous waste and natural resource matters. She is the Pro Bono Coordinator for the Baltimore office.

Robert M. Summers, Ph.D., Special Address, is Deputy Secretary of the Maryland Department of the Environment. Together with Secretary Shari T. Wilson, he leads the department's planning, regulatory, management and financing programs to protect public health, restore and protect air and water quality, clean up contaminated land and ensure proper management of hazardous and solid wastes.

Sean D. Davis, a Principal at Morris & Ritchie Associates, Inc., specializes in private-sector community planning and leads the development of large-scale and mixed-use projects. He is experienced in obtaining regulatory approvals at federal, state and local levels

James R. Edward, Deputy Director of the Chesapeake Bay Program at the U.S. EPA, coordinates the activities of EPA with officials of other federal agencies, and state and local authorities in developing strategies to improve the water quality and living resources of the Chesapeake Bay watershed.

Erin Fitzsimmons is Special Assistant for the Environment at the Office of the Attorney General of Maryland. Previously she was the Chesapeake Regional Director for the Waterkeeper Alliance and Assistant Professor at Salisbury University.

Anthony G. Gorski, partner at Rich & Henderson, P.C., focuses on environmental, natural resources, land use and administrative law. Previously, as Assistant Attorney General, he represented the Maryland Department of the Environment's solid waste, oil control, water pollution and hazardous waste programs.

John E. Griffith, Jr., partner at DLA Piper LLP (US), focuses on a broad range of matters involving environmental issues. He has litigated environmental and toxic tort cases, both in courts and before administrative agencies.

Eric C. Hadaway, partner with the engineering, surveying and landscape architecture firm of Daft-McCune-Walker, Inc., is a Professional Wetland Scientist, Certified Wetland Delineator, and Qualified Forestry Professional who specializes in resolution of natural resources-related environmental regulatory compliance issues for the land development industry.

Robert R. Harris, partner at Holland & Knight LLP, focuses on zoning, land use, real estate, sustainable development and municipal affairs. He is listed in Best Lawyers.

Steven R. Johnson is Principal Counsel for the Maryland Department of the Environment. Previously he was at Schnader, Harrison, Segal and Lewis, where he practiced environmental and land use law.

Thomas Johnson, Ph.D. is a hydrologist with the U.S. EPA, Office of Research and Development, Global Change Research Program. Prior to joining EPA in 2005 he held positions with the Academy of Natural Sciences of Philadelphia and the American Association for the Advancement of Science, Science and Technology Policy Fellowship.

Cy Jones leads the Water Quality Trading Initiative for the Chesapeake Bay Watershed at World Resources Institute, whose goal is to advance market-based efforts to reduce nutrient pollution impacting the Chesapeake Bay Watershed and to promote the development of a framework for interstate nutrient trading.

Jeffrey Lape, Director of the Chesapeake Bay Program at U.S. EPA, is experienced in environmental programs including water resources, watershed management and water pollution control. He has led development and implementation of national water pollution control policies and programs dealing with point and nonpoint sources of pollution.

Joseph P. Lewandowski, partner at Environmental Resources Management, Inc., manages the clean-up of a former oil refinery/terminal, the preparation of Maryland's Voluntary Cleanup Program (brownfield) application for a shopping center and a shipyard and reviews and comments on draft NPDES permits.

Randall M. Lutz, partner at Saul Ewing LLP, focuses on brownfield redevelopments, utility developments, litigation of environmental claims, and environmental enforcement defense. He is listed in "Best Lawyers" and is a "Super Lawyer."

Pamela D. Marks, principal at Beveridge & Diamond PC, focuses on environmental regulatory and permitting issues and associated litigation. Previously she was an Assistant Attorney General, representing the Maryland Department of the Environment.

Amy E. McDonnell, Litigation Counsel at Chesapeake Bay Foundation, handles strategic litigation against polluters and governmental entities for failing to comply with federal and state laws and regulations. Previously she was at the District of Columbia Attorney General's Office in the Department of the Environment.

Jon A. Mueller, Vice President of Litigation at the Chesapeake Bay Foundation, coordinates strategic litigation against polluters and governmental entities for failing to comply with federal and state laws and regulations. Previously he was at the U.S. Department of Justice, Environment and Natural Resources Division.

M. Rosewin Sweeney, partner at Venable LLP, focuses on water pollution litigation and the permitting and environmental aspects of land use planning. Previously she was Principal Counsel at the Maryland Department of the Environment.