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

Natural Resource Damages
New approaches to assessing, prosecuting and defending NRD claims

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

January 26 & 27, 2012
Capital Hilton Hotel in Washington, DC

Who Should Order This Homestudy

In-house, private and government attorneys; policymakers; senior executives and risk managers; consultants and others who are involved in natural resource damage assessments and claims

Why You Should Order

Natural Resource Damages policy and practice are of vital concern to the public, federal, state and tribal trustees, and companies. This year saw one of the nation's largest NRD settlements under OPA, many new developments at CERCLA sites across the country and an unprecedented early restoration framework agreement in the Gulf of Mexico. Injuries and damages to natural resources raise substantial legal, scientific, economic and policy issues.

Over the last 30 years NRD case law has matured. Natural resource trustees, state and federal courts, and private industries has grappled with a host of complex and evolving strategic, tactical and substantive issues and stakeholders have taken new approaches to assessing, prosecuting and defending NRD claims.

This conference will present the views of trustees, regulators and private parties. We will address the nature and limits of NRD claims; How has NRD jurisprudence evolved? How can companies best prepare to defend scientifically complex cases with numerous evidentiary issues? What are the trustee's views on the status of NRD assessments and restoration? Can natural resource injuries be viewed within the legal framework of climate change? How does the cooperative NRD process work? How are NRD injuries monetized? What are the best strategies to avoid or handle large, complex NRD litigation?

Our esteemed faculty is drawn from senior government, environmental practitioners and experts across the country. They come from affected industry, government, nationally recognized plaintiff and defense firms, and environmental and economic consultant's practices directly involved in precedent-setting NRD lawsuits. We hope you can join us and be part of this important conference.

~Program Co-Chairs: Ira M. Gottlieb, Esq., McCarter & English, LLP and Brian D. Israel, Esq., Arnold & Porter LLP

What You Will Learn


Thursday, January 26, 2012

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview

Brian D. Israel, Esq., Program Co-Chair
Arnold & Porter LLP / Washington, DC

Ira M. Gottlieb, Esq., Program Co-Chair
McCarter & English, LLP / Newark, NJ

8:45 am

Opening Discussion: Looking at the Present and Future for NRD Policy and Jurisprudence

Brian D. Israel, Esq., Program Co-Chair, Moderator
Arnold & Porter LLP / Washington, DC

Lois J. Schiffer, Esq., General Counsel
National Oceanic and Atmospheric Administration / Washington, DC

Rachel Jacobson, Principal Deputy Solicitor
U.S. Department of the Interior / Washington, DC

10:00 am

Break: Coffee, Tea and Conversation

10:15 am

COSCO BUSAN: Lessons from a Recent Significant OPA Settlement

Joseph A. Walsh, II, Esq.
Keesal, Young & Logan / Long Beach, CA

10:45 am

What Recent Cases Tell Us About the Most Effective Legal and Evidentiary Defenses

Richard O. Curley, Jr., Esq.
Curley & Associates LLC / Golden, CO

Laurence S. Kirsch, Esq.
Goodwin Procter LLP / Washington, DC

12:00 pm

Lunch (on your own)

1:15 pm

Promises and Pitfalls of Cooperation: Trustee and Industry Perspectives

Ira Gottlieb, Esq., Program Co-Chair, Moderator
McCarter & English, LLP / Newark, NJ

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

Robin J. Bullock, NRD Director
BP Gulf Coast Restoration Organization / Houston, TX

Robert Haddad, Ph.D., Assessment and Restoration Division Chief
National Oceanic & Atmospheric Administration (NOAA) / Silver Spring, MD

2:45 pm

Break: Soda, Tea and Conversation

3:00 pm

NRD and Climate Change: Current Developments and What They Portend for the Future

Michael B. Gerrard, Esq., Columbia University Andrew Sabin Professor of Professional Practice
Arnold & Porter LLP / New York, NY

3:30 pm

Deepwater Horizon: Assessment Status and Lessons Learned (So Far)

Rachel Jacobson, Principal Deputy Solicitor
U.S. Department of the Interior / Washington, DC

Samuel W. Plauche, Esq.
Plauche & Stock LLP / Seattle, WA

R. Cooper Shattuck, Esq., Legal Advisor
Office of Alabama Governor Robert Bentley / Montgomery, AL

Robert L. Stout, Jr., Esq., Associate General Counsel
BP America Inc. / Houston, TX

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Arnold & Porter LLP and McCarter & English, LLP


Friday, January 27, 2012

8:00 am

Continental Breakfast

8:30 am

Introduction and Overview

Ira Gottlieb, Esq., Program Co-Chair
McCarter & English, LLP / Newark, NJ

Brian D. Israel, Esq., Program Co-Chair
Arnold & Porter LLP / Washington, DC

8:45 am

Overlapping Trusteeship: State and Tribal Perspectives on the Future of NRD Claims

Amy Whitten, Esq.
The Whitten Group / Ridgeland, MS

Thane Joyal, Esq.
Syracuse, NY

Shannon D. Work, Esq.
Shannon D. Work, PC / Coeur d'Alene, ID

10:15 am

Break: Coffee, Tea and Conversation

10:30 am

Is NRD a Second Bite of the Apple? Relationship between Cleanup and Restoration

Jean Martin, Esq., Senior Attorney, HSSE
BP America Inc. / Houston, TX

John Carlucci, Esq., Assistant Solicitor for Environmental Restoration
U.S. Department of the Interior / Washington, DC

Bernard J. Reilly, Esq., Corporate Counsel
E. I. du Pont de Nemours and Company / Wilmington, DE

12:00 pm

Lunch (on your own)

1:15 pm

The Economics of Restoration: What is a DSAY Anyway?

Rick Dunford, Ph.D., Owner
Environmental Economics Services, LLC / Raleigh, NC

Theodore Tomasi, Ph.D., Senior Principal, Vice President and Technical Director
Cardno ENTRIX / New Castle, DE

2:15 pm

Break: Soda, Tea and Conversation

2:30 pm

Getting Ready for Trial: Evidentiary and Scientific Issues

Adam M. Kushner, Esq., Moderator
Hogan Lovells US LLP / Washington, DC

Paul D. Boehm, Ph.D., Group Vice President and Principal Scientist
Exponent, Inc. / Maynard, MA

A. J. Gravel, Senior Managing Director
FTI Consulting, Inc. / Bethesda, MD

Daniel Herrema, P.E., Associate Vice President and Mid Atlantic Regional Manager
LimnoTech / Washington, DC

Eric G. Lasker, Esq.
Hollingsworth LLP / Washington, DC

4:00 pm

Evaluations and Adjourn



Regular tuition for this program is $995 with a group rate of $745 each for two or more registrants from the same firm. For government employees, we offer a special rate of $665. For students and people in their job for less than a year, our rate is $497.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.


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

Continuing Education Credits

Live credits: This program qualifies for 12 VA CLE credits (pending). Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Faculty Bios

Ira M. Gottlieb, Program Co-Chair, partner at McCarter & English, LLP, focuses on environmental law, natural resource damages and insurance coverage on behalf of policyholders. Previously, he was Assistant Regional Counsel for the U.S. EPA Region III.
Full bio and contact info for Ira M. Gottlieb at McCarter & English, LLP

Brian D. Israel, Program Co-Chair, partner at Arnold & Porter LLP, specializes in environmental litigation and counseling, representing corporations in contaminated properties matters, including toxic tort lawsuits and NRD claims.He is the author of the Natural Resource Damages chapter in the Environmental Law Practice Guide (Gerrard, ed.)

Adam M. Kushner, partner in Hogan Lovell's Environmental Practice focuses on environmental regulation and litigation. Previously, he was EPA's Director of the Office of Civil Enforcement. Prior to that, Mr. Kushner was Director of the EPA's Air Enforcement Division, and also was a Senior Counsel and trial attorney for more than 10 years in the Department of Justice's Environmental Enforcement Section.

Mark Barash, Senior Attorney with the U.S. Department of the Interior, focuses on development of NRD policies and case approaches. He manages claims of CERCLA NRD cases, oil spills, and National Park Service 19jj claims covering a 13-state region.

Paul D. Boehm, Ph.D., Group Vice President, Principal Scientist at Exponent, Inc., is responsible for their environmental business, and provides technical support involving NRDAs, divisibility of contamination, apportionment, cost recovery and allocation of associated liability.

Robin J. Bullock, NRD Director at BP Gulf Coast Restoration Organization, is experienced in environmental engineering, oil and gas, and mineral mining projects. She focuses on NRD assessment, natural resource injury, restoration and settlement negotiations.

John Carlucci, Assistant Solicitor for Environmental Restoration in the U.S. Department of the Interior, practices environmental and natural resource law, and represents the Department in CERCLA, OPA and CWA NRD assessment and restoration claims.

Richard O. Curley, Jr., founder of Curley & Associates LLC, specializes in CERCLA and state law equivalent natural resource damages, and remediation administrative and litigation matters. He is experienced in legislative and regulatory reform of CERCLA's natural resource damages and remediation provisions.

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.

Michael B. Gerrard is Andrew Sabin Professor of Professional Practice and Director of the Center for Climate Change Law at Columbia Law School. He is Senior Counsel at Arnold & Porter LLP.

A. J. Gravel, Senior Managing Director at FTI Consulting, Inc., specializes in retrospective analysis with an emphasis on environmental cost recovery. His environmental projects have dealt with CERCLA, RCRA and toxic tort-related issues.

Robert Haddad, Ph.D., Assessment and Restoration Division Chief, National Oceanic & Atmospheric Administration (NOAA), co-leads NOAA's Damage Assessment Remediation & Restoration Program (DARRP). He is experienced with OPA and CERCLA NRDA and non-NRDA issues.

Daniel Herrema, P.E., Associate Vice President and Mid Atlantic Regional Manager at LimnoTech, provides NRD and CERCLA technical support for assessment, RI/FS and allocations issues, including remedy cost causation studies and contaminant source and transport assessments through application of models, statistics and forensic analyses.
Full bio and contact info for Daniel Herrema P.E. at LimnoTech

Rachel Jacobson is Acting Assistant Secretary for Fish and Wildlife and Parks, and Principal Deputy Solicitor for the U.S. Department of the Interior. She has helped lead work on NRD issues related to the Deepwater Horizon oil spill.

Thane Joyal is an environmental attorney working closely with Joseph Heath, the General Counsel for the Onondaga Nation. Onondaga Lake is the subject of ongoing CERCLA Remediation and NRDAR proceedings.

Laurence S. Kirsch, partner in the Environmental Practice at Goodwin Procter LLP, focuses on air, surface water, groundwater, hazardous waste, sediments, toxic substances regulation and indoor air quality. He is a member of the ASTM Vapor Intrusion Task Group and co-chairs its Legal Subcommittee.

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 environmental terrorism claims.
Full bio and contact info for Eric G. Lasker at Hollingsworth LLP

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

Samuel W. (Billy) Plauche, partner at Plauche & Stock LLP, counsels on natural resources, land use and environmental regulations, including wetlands, hazardous waste, NRD actions, Clean Water Act and Clean Air Act challenges. Previously, he was a trial attorney with the DOJ Environment and Natural Resources Division.
Full bio and contact info for Samuel W. Plauche at Plauche & Stock LLP

Bernard J. Reilly, Corporate Counsel at E. I. du Pont de Nemours and Company, focuses on Superfund sites, claims for damage to natural resources, contaminated sediments, and returning vacant sites back to productive use. He is responsible for ongoing studies of the Passaic River and Newark Bay with the EPA.

Lois J. Schiffer, General Counsel for the National Oceanic and Atmospheric Administration, is chief legal officer for all NOAA activities and policy advisor to the Under Secretary of Commerce for Oceans and Atmosphere.

Cooper T. Shattuck is Chairman of the NRDA (Natural Resource Damage Assessment) Trustee Council Executive Committee. He is also Legal Adviser to Alabama Governor Robert Bentley.

Robert L. Stout, Jr., Associate General Counsel at BP America Inc., is Chief Health, Safety, Security & Environment (HSSE) Counsel for its global businesses. He manages legal/regulatory issues, enforcement matters, disputes and Deepwater Horizon incident issues.

Theodore D. Tomasi, Ph.D., Senior Principal, Vice President, Technical Director, Cardno ENTRIX, is a natural resource economist whose research measures the value of natural resources and environmental change, valuation methods in benefit-cost analysis and NRD assessments.

Joseph A. Walsh II, shareholder at Keesal, Young & Logan focuses on oil and chemical pollution matters, casualty investigation and crisis response. He has served as lead counsel for responsible parties in unified command activities, third-party claims, NRD assessments and enforcement actions.
Full bio and contact info for Joseph A. Walsh II at Keesal, Young & Logan

Amy D. Whitten, founder and Principal at the Whitten Group, P.A, focuses her practice on negotiating and litigating complex civil cases. Since 2010, she has served as a member of Mississippi's Deep Water Horizon Oil Spill NRDA team. Previously, she was Assistant Attorney General for the State of Mississippi and Counsel to the Mississippi Supreme Court.

Shannon D. Work practices Indian law, appearing in tribal, state and federal forums, including the U.S. Supreme Court. He has represented tribes including the Spokane, Nez Perce, Coeur d'Alene and Kootenai, focusing on tribal natural resource matters. Previously, he was lead counsel for the Spokane Tribe of Indians on the Midnite Uranium Mine Superfund Site in Washington, for the Elem Pomo Tribe on the Sulphur Bank Mercury Mine Superfund Site and was on the DOI Natural Resource Damages and Restoration Advisory Committee. He works with seven Oklahoma tribes on the Tar Creek Superfund Site.