Law Seminars International Presents: Our Third Annual Intensive Workshop on Recent Developments Under

MEPA & NEPA
New requirements, and techniques for compliance

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



June 2, 2010
Hilton Boston Back Bay Hotel in Boston, MA

Who Should Order This Homestudy

Attorneys, environmental professionals, corporate managers and governmental representatives

Why Order

This workshop will cover the entire range of current MEPA/NEPA compliance issues. The program provides a broad outline of requirements under MEPA and NEPA for large and small projects, including summaries of recent case law developments under the MEPA and NEPA.

It also addresses more advanced issues of interest to experienced practitioners, including current practice under the MEPA greenhouse gas policy requirements and other recent developments under integrated MEPA and permitting review, the Commonwealth's recently issued final Ocean Management Plan, and a broader look at the Commonwealth's efforts to facilitate the siting of renewable energy projects and what such efforts mean for the review of such projects, the groundbreaking Green Communities Act, and how new stormwater regulations and the Oceans Act fit with MEPA/NEPA. In addition, the program will address the State's renewable energy program and policies.

The program will close with an interdisciplinary discussion of practical tips for EIS/EIR design and preparation from defining the proposals to cumulative impacts. The respective roles of lawyers, environmental professionals and governmental officials will be a recurring theme.

~ Margaret B. Briggs, and Seth D. Jaffe, Esq., Program Co-Chairs

What You Will Learn

What Attendees Said



Agenda

Wednesday, June 02, 2010

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Margaret B. Briggs, Program Co-Chair, Managing Principal
Epsilon Associates Inc. / Maynard, MA

Seth D. Jaffe, Esq., Program Co-Chair
Foley Hoag LLP / Boston, MA

 
8:45 am

New Developments in MEPA

Updated state guidance on greenhouse gas emissions and revisions to MEPA regulations

Alicia Barton McDevitt, Esq., Assistant Secretary
Massachusetts Executive Office of Energy and Environmental Affairs / Boston, MA

 
9:30 am

The Commonwealth's Approach to Siting Renewable Energy Projects

Legislation concerning wind projects, review of biomass proposals, and update on efforts to encourage solar installation siting

Kenneth Kimmell, Esq., General Counsel
Massachusetts Executive Office of Energy and Environmental Affairs / Boston, MA

 
10:15 am

Break

 
10:30 am

The New Ocean Management Plan

Summary of the provisions of the Plan and what it means for planning projects in waters of the Commonwealth

Deerin Babb-Brott, Assistant Secretary
Massachusetts Executive Office of Energy and Environmental Affairs / Boston, MA

 
11:15 am

Developments in the Treatment of Greenhouse Gases in NEPA Review

Anticipated new guidance requiring that impacts of climate change be considered in reviews for projects subject to NEPA; what this is likely to mean in practice if issued

Seth D. Jaffe, Esq., Program Co-Chair
Foley Hoag LLP / Boston, MA

 
11:45 am

Lunch (on your own)

 
1:00 pm

MEPA/NEPA Case Law Update

Update on key federal cases and developments involving NEPA and climate change issues

Mark C. Kalpin, Esq.
Wilmer Cutler Pickering Hale and Dorr LLP / Boston, MA

Recent developments under MEPA: Case decisions including Canton v. Paiewonsky

Douglas H. Wilkins, Esq.
Anderson & Kreiger LLP / Cambridge, MA

 
2:00 pm

Case Study: MEPA Review for Renewable Energy Facilities

The State's recent policy regarding renewable energy credits; technical studies with regard to renewable energy projects that burn biomass

Margaret B. Briggs, Program Co-Chair, Moderator
Epsilon Associates Inc. / Maynard, MA

E. Heidi Ricci, Senior Policy Analyst
Massachusetts Audubon Society / Lincoln, MA

Matthew Wolfe, Principal
Madera Energy, Inc. / Cambridge, MA

Thomas A. Mackie, Esq.
Mackie Shea O'Brien, PC / Boston, MA

 
3:30 pm

Break

 
3:45 pm

Integration of MEPA and NEPA Review

Coordinating federal NEPA and state MEPA reviews to get through the process as smoothly as possible

Edward W. Ionata, Senior Vice President
Tetra Tech Rizzo / Framingham, MA

 
4:15 pm

Putting it All Together: Practical Tips for EIS/EIR Design and Preparation

Defining the proposal; determining which provisions of NEPA and MEPA apply; identifying the lead agency; tips for preparing notification forms and EIS/EIR documents; Phase I waivers; combined DEIR & FEIR; categorical exemptions; cumulative impacts

Douglas M. McGarrah, Esq., Moderator
Foley Hoag LLP / Boston, MA

Matthew J. Kiefer, Esq.
Goulston & Storrs / Boston, MA

Susan Reid, Esq., Senior Attorney and Director, MA Clean Energy and Climate Change Initiative
Conservation Law Foundation / Boston, MA

 
5:30 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 MCLE in all states requiring MCLE credits. Upon request, we will apply for other types of credits. AICP CM is pending



Cost

Our complete Homestudy Course, consisting of a DVD recording and the course materials (either a binder or searchable CD), is available for $705. 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 B. Briggs, Program Co-Chair, Managing Principal at Epsilon Associates Inc., assists clients through the regulatory process associated with development, institutional, and infrastructure projects. She has played a major role in numerous MEPA, Article 80, and NEPA projects.

Seth D. Jaffe, Program Co-Chair, partner at Foley Hoag LLP, focuses on the permitting and licensing of new facilities and offers ongoing guidance on permitting and enforcement related matters. He is a "Super Lawyer" and is listed in Chambers and Best Lawyers.

Douglas M. McGarrah, Moderator, partner at Foley Hoag LLP and Co-Chair of the firm's Real Estate/Land Use and Development Practice, focuses on major development and infrastructure projects, expedited permitting and development of large-scale sites and creative solutions to regulatory compliance issues.

Deerin Babb-Brott, Assistant Secretary at the Massachusetts Executive Office of Energy and Environmental Affairs, is experienced in the environmental field, with a focus on coastal management issues and environmental impact review. He managed the development of an ocean management plan for Massachusetts waters under the Oceans Act of 2008.

Edward W. Ionata, Senior Vice President at Tetra Tech Rizzo, oversees all of Tetra Tech Rizzo's services for public and private sector clients, specializing in the management of multi-disciplinary projects from inception through design, permitting and construction.

Mark C. Kalpin, partner at Wilmer Cutler Pickering Hale and Dorr LLP, is a member of the Environmental and Real Estate Practice Groups and Co-Chair of the Energy and Clean Technology Group. He focuses on the development of traditional and renewable energy generation projects.

Matthew J. Kiefer, director at Goulston & Storrs, coordinates the firm's Green Business Group. He practices real estate development and land use law, focusing on obtaining site control and public approvals for complex urban projects. He also teaches in the Urban Planning Program at the Harvard Graduate School of Design.

Kenneth Kimmell is General Counsel at the Massachusetts Executive Office of Energy and Environmental Affairs. He focuses on legislation to reorganize the environmental secretariat, energy legislation, permit streamlining initiatives, statutory and regulatory changes to promote renewable energy, wind energy siting reform, and policy initiatives such as the MEPA Greenhouse Gas policy.

Thomas A. Mackie, managing shareholder at the Boston environmental law firm of Mackie Shea O'Brien, PC, focuses on the developing field of renewable energy facility siting with an emphasis on biomass facilities. He is listed in "Best Lawyers".

Alicia Barton McDevitt, Assistant Secretary for Environmental Review at the Massachusetts Executive Office of Energy and Environmental Affairs, administers the Massachusetts Environmental Policy Act Office which oversees the environmental impact review and permitting of major development projects in Massachusetts.

Susan Reid, Senior Attorney and Director of the Conservation Law Foundation's Massachusetts Clean Energy and Climate Change Initiative, focuses on addressing the threat of global warming by promoting responsible new renewable energy development and energy efficiency by pursuing initiatives to reduce dependence on fossil fuels.

E. Heidi Ricci, Senior Policy Analyst at Massachusetts Audubon Society, is experienced in environmental policy and land use planning. She has been part of many state advisory committees including MEPA, wetlands, and stormwater regulatory updates and the Aquatic Habitat Restoration Task Force which recommended measures to address climate change impacts.

Douglas H. Wilkins, partner at Anderson & Kreiger LLP, is experienced in administrative, trial court and appellate litigation, including representing developers, business, landowners, citizen groups, project opponents and municipalities in litigation and permitting proceedings.

Matthew Wolfe, Principal at Madera Energy, Inc., focuses on development of clean wood biomass power plants. Previously, he led the development activities for a biomass facility in Pittsfield, MA.