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

Energy Development on Public Lands
New policy developments and legal issues for development on federal land for the mineral, energy and renewable energy industries

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



August 16 & 17, 2010
Grand Hyatt Denver Hotel in Denver, CO

Who Should Order This Homestudy

Attorneys, industry executives, public officials, and consultants interested in energy project development on federal lands

Why Order

This program addresses new developments and legal issues for development on federal land for the mineral, energy and renewable energy industries. We have assembled a distinguished faculty of governmental legal and industry representatives to provide practical information on the following important topics:

*How to build your decision matrix for planning, permitting or obtaining financing

*The extent of administrative discretion in BLM once the lease sale occurs, and whether BLM may reject high bids after the auction

*How renewables will be treated in the permitting process as compared with oil and gas and whether any new procedures are on the horizon

*NEPA EIS process updates, including the new CEQ guidance on greenhouse gases, cumulative effect, mitigation and monitoring, a discussion of why the government loses one-third of judicial NEPA challenges, and tips on improving your chances of surviving a challenge

*Status of the Sage Grouse listing decision, and management practices you may have to implement even if Sage Grouse are not listed

*Air quality considerations, including the status of challenges to the endangerment finding and rules that will likely cascade down from the finding, the ozone ruling and other air developments

*Substantive law updates on public land access, mineral leasing, water quality and cultural resources

*Consideration of complex linear and natural gas projects and the effect of these laws on development, permitting and operational issues.

Don't miss this opportunity, we hope to see you there.

~ Robert D. Comer, Esq. and Andrew C. Emrich, Esq., Program Co-Chairs

What You Will Learn



Agenda

Monday, August 16, 2010

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Robert D. Comer, Esq., Program Co-Chair
Faegre & Benson LLP / Denver, CO

Andrew C. Emrich, Esq., Program Co-Chair
Holland & Hart LLP / Cheyenne, WY

 
8:45 am

Key Energy and Environmental Policy Issues

Friction and issues at the intersection of domestic energy development policy and environmental policy

Thomas L. Sansonetti, Esq., Special Address
Holland & Hart / Cheyenne, WY

 
9:30 am

What Public Lands are Becoming Available for Energy Development, and Under What Terms?

Federal and state policy and trends for energy development on public lands

Kathleen Sgamma, Director, Government Affairs
Independent Petroleum Association of Mountain States / Denver, CO

 
10:15 am

Break

 
10:30 am

Update on Minerals Management Service's Revenue Management Activities

Mineral revenue collections and disbursements; phase-out of the Royalty in Kind program; DOI's progress in implementing GAO, OIG, and RPC subcommittee recommendations

Deborah Gibbs Tschudy, Deputy Associate Director, Minerals Revenue Management
U.S. Department of the Interior / Denver, CO

 
11:15 am

Hot Topics in Renewables Development

Latest processes for renewables vs. oil and gas; anticipated changes; state efforts for wind taxation; public siting; rights of way for wind and solar; prospects for greenhouse gas tort litigation becoming a driving factor for renewables

Colin C. Deihl, Esq.
Faegre & Benson LLP / Denver, CO

 
12:00 pm

Lunch (on your own)

 
1:30 pm

Update on the Substantive Law for Public Lands

Overview and new developments under the Mineral Leasing Act

Andrew C. Emrich, Esq., Program Co-Chair, Moderator
Holland & Hart LLP / Cheyenne, WY

Overview of BLM’s onshore leasing reforms

Phil Lowe, Esq., Attorney Advisor, Rocky Mountain Regional Solicitor's Office
U.S. Department of the Interior / Lakewood, CO

Endangered Species Act: Impact of the proposed listing of the sage grouse

Kent H. Holsinger, Esq.
Holsinger Law LLC / Denver, CO

Clean Water Act impacts

Svend Brandt-Erichsen, Esq.
Marten Law / Seattle, WA

 
3:15 pm

Break

 
3:30 pm

The Clean Air Act as a Driver and Constraint to Energy Project Development

The endangerment finding and rules; new ozone standards; other agency initiatives; court challenges and legislative proposals; other key developments; future development and challenges to specific project types

Paul D. Phillips, Esq., Moderator
Holland & Hart LLP / Denver, CO

John R. Jacus, Esq.
Davis Graham & Stubbs LLP / Denver, CO

Phil Lowe, Esq., Attorney Advisor, Rocky Mountain Regional Solicitor's Office
U.S. Department of the Interior / Lakewood, CO

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Faegre & Benson LLP and Holland & Hart LLP

 

Tuesday, August 17, 2010

8:00 am

Continental Breakfast

 
8:30 am

Introduction and Overview

Robert D. Comer, Esq., Program Co-Chair
Faegre & Benson LLP / Denver, CO

Andrew C. Emrich, Esq., Program Co-Chair
Holland & Hart LLP / Cheyenne, WY

 
8:45 am

Smoother Sailing Through the NEPA Review Process: When and How to Address Cumulative Impacts

Requirements for assessing direct vs. indirect vs. cumulative impacts; types of actions to consider; role of lawyer vs. role of scientist; analytical methods; incorporating cumulative analysis into the EIS; CEQ's NEPA greenhouse gas guidance

Denise A. Dragoo, Esq.
Snell & Wilmer LLP / Salt Lake Cty, UT

Robert D. Comer, Esq., Program Co-Chair
Faegre & Benson LLP / Denver, CO

 
10:15 am

Break

 
10:30 am

Mitigation Tips for Specific Types of Projects on Public Lands

Robert D. Comer, Esq., Program Co-Chair, Moderator
Faegre & Benson LLP / Denver, CO

ESA and wildlife issues for wind and solar projects

Ryan M. Lance, Deputy Chief of Staff
Wyoming Governor's Office / Cheyenne, WY

Cultural and tribal resource issues

Michael P. O'Connell, Esq.
Stoel Rives LLP / Seattle, WA

Carbon offsets for oil and gas

Robert J. Henke, Senior Vice President
ICF International / Englewood, CO

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Communication Techniques to Minimize Environmental and Local Landowner Opposition

Doug Hock, Director, Public and Community Relations
EnCana Oil and Gas (USA) Inc. / Denver, Co

 
2:00 pm

Permitting Strategies for Big Projects: Dealing with Multiple Jurisdictions on a Broad Range of Permitting Issues and Quickly Enough to Satisfy the Investors

Mapping a strategy for FERC licensing, BLM leases, EIS preparation; dealing with multiple state agencies; resolution of wildlife, air quality, visual and related issues; use of adaptive management in project development

Walter E. George, National Project Manager, Division of Minerals and Lands
Wyoming Bureau of Land Management / Cheyenne, WY

Robert D. Comer, Esq., Program Co-Chair, Moderator
Faegre & Benson LLP / Denver, CO

Craig V. Richardson, Esq., Vice President and General Counsel
El Paso Western Pipeline Group / Colorado Springs, CO

Michael Smith, Esq., Director, Regulatory Affairs
Questar Exploration & Production Company / Cheyenne, WY

David Swearingen, Environmental Project Manager
Federal Energy Regulatory Commission / Washington, DC

 
3:30 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 14 CO 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 $1255. 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

Robert D. Comer, Program Co-Chair, Special Counsel at Faegre & Benson LLP, a leading expert on natural resource and environmental issues involving federal land and water, has participated in significant federal planning and environmental review projects on the national forest and public land systems. Previously, he was the senior executive at the Department of the Interior.

Andrew C. Emrich, Program Co-Chair, partner, Holland & Hart LLP, a member of their Natural Resources and Litigation Departments, focuses on administrative litigation, regulatory compliance, and legislative and administrative advocacy for clients in the energy, natural resources, and public lands sectors.

Thomas L. Sansonetti, partner at Hollard & Hart, leads the firm's Energy, Environmental and Natural Resources Practice Group. He is an exoert in air quality, geothermal development, water rights, water quality, the Endangered Species Act, surface mining, public lands management and many other areas of natural resources law. Previously, he was Solicitor of the Department of the Interior. He is listed in Best Lawyers.

Paul D. Phillips, Moderator, partner, Holland & Hart LLP, practices environmental law and litigation. His experience includes Environmental Protection Agency (EPA) enforcement actions under the Clean Air Act, RCRA, and the Clean Water Act (including storm water, NPDES and Section 404). He is listed in Chambers USA, The Best Lawyers in America and Who's Who in America.

Svend Brandt-Erichsen, partner at Marten Law and Chair of the Climate Change Group, focuses on energy development and environmental issues associated with development and ongoing operations. Previously, he was Regional Administrator of the State of Alaska's Department of Environmental Conservation.

Colin C. Deihl, partner at Faegre & Benson LLP, focuses on environmental, natural resources and real estate litigation. He counsels clients regarding environmental and natural resources matters including permitting, rulemaking and compliance issues, and is experienced in most of the federal environmental laws and their state counterparts.

Denise A. Dragoo, partner at Snell & Wilmer LLP, focuses on natural resources, coal law, water law, environmental law, mining law, public land law and mine safety, She is listed in the Best Lawyers, Utah Legal Elite and Mountain States Super Lawyers.

Walter E. George is National Project Manager, Division of Minerals and Land, for the Wyoming Department of Land Management. Previously, he was BLM Liaison to Wyoming Governor Freudenthal.

Deborah Gibbs Tschudy is Deputy Associate Director for the Minerals Revenue Management program of the Minerals Management Service (MMS), an agency within the U.S. DOI. She is experienced with issues involving royalty valuation, regulatory and policy development and Indian minerals management.

Robert J. Henke, Senior Vice President, ICF International is ICF's Account Executive for the DOI. He is experienced in land use planning, regulatory compliance, resource management, environmental impact assessment, and project management.

Doug Hock, Director of Public and Community Relations for EnCana Oil & Gas (USA) Inc., is experienced in public relations in the oil/gas and mining sectors. He is past president of the Colorado Chapter of the Public Relations Society of America (PRSA).

Kent H. Holsinger, managing partner, Holsinger Law LLC, represents clients on lands, wildlife and water law. Previously, he was Assistant Director for Water at the Colorado Department of Natural Resources.

John R. Jacus, partner at Davis Graham & Stubbs LLP, represents clients under federal and state environmental laws and regulatory programs, including the Clean Air Act, RCRA, CERCLA, and the Clean Water Act. He also works with the firm's NEPA practitioners concerning environmental impacts of proposed federal actions. He is listed in Best Lawyers in America.

Ryan M. Lance, Deputy Chief of Staff in the Wyoming Governor's Office, oversees the State Planning Office and works primarily on natural resource policy issues, including: wildlife, air and water quality, oil and gas, mining, wind and other renewable energy development and electric transmission sitings.

Phil Lowe, Attorney Advisor with the U.S. Department of the Interior's Rocky Mountain Regional Solicitor's Office, advises on legal policy matters related to conventional and renewable energy development on public lands. He advises Bureau of Land Management (BLM) clients on NEPA and FLPMA issues associated with EIS and environmental asessments for land planning actions.

Michael P. O'Connell, partner, Stoel Rives LLP, focuses his practice on natural resources, environmental, energy, water rights and Indian law matters involving project development. He is listed in the Best Lawyers.

Craig V. Richardson, Vice President and General Counsel, El Paso Corporation's Pipeline Group, is responsible for all legal matters. Previously, he focused on commercial litigation in antitrust, oil and gas, environmental, and international areas as a partner at Greenberg Traurig, LLP.

Kathleen Sgamma, Director of Government Affairs at the Independent Petroleum Association of Mountain States, handles federal legislative, public lands, environmental and regulatory issues for companies involved in all aspects of exploration and production of natural gas and oil in the West.

Michael Smith, Director of Regulatory Affairs at Questar Exploration & Production Company, monitors and develops regulatory policy initiatives on the federal level throughout the Rocky Mountain states of Wyoming, Colorado, Utah and North Dakota. He also coordinates Questar's partnership with The Nature Conservancy on TNC's Energy by Design initiative in Questar's Hiawatha, Pinedale and Uinta Basin fields.

David Swearingen, an Environmental Project Manager, Division of Gas Environment and Engineering, Federal Energy Regulatory Commission's Office of Energy Projects, has experience managing interstate natural gas pipeline projects. Most recent of these, the 677-mile-long Ruby Pipeline Project, which involved eight cooperating agencies.



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