Law Seminars International Presents: The Fourth Annual Intensive Seminar on Recent Developments Under

MEPA & NEPA
New requirements and compliance strategies



November 7, 2012
Seaport Boston Hotel in Boston, MA

Who Should Attend

Attorneys, environmental and real estate professionals, corporate managers, governmental representatives, city planners and consultants

Why You Should Attend

Policy momentum in Massachusetts continues to reflect the desire to streamline project approvals during an economic recovery without compromising basic environmental protections. As a result, the Massachusetts Department of Environmental Protection (MassDEP) recently released a final action plan for regulatory reform that could result in changes to wetlands protection and solid waste regulations. At the federal level, several new cases and new CEQA guidelines could throw regulatory curveballs at experienced environmental practitioners.

This intensive seminar on recent developments under MEPA & NEPA will cover the most relevant compliance issues facing Massachusetts developers, practitioners and environmental professionals. The program will begin with an in-depth discussion of MEPA's evolving policy priorities for the coming year and continue with updates on MassDEP regulatory reform and MEPA/NEPA case law. In addition to an overview of the relevant regulatory, legislative and decisional trends, our expert faculty will share practical first-hand lessons that will be useful and interesting for both the beginner and experienced practitioners. Topics to be discussed include EIS/EIR design and preparation and the challenges of casino permitting in Massachusetts.

This event represents a unique opportunity to hear from an expert faculty of public officials, respected practitioners and leading environmental professionals about emerging issues in MEPA/NEPA compliance. We hope you can join us.

~ Program Co-Chairs: Margaret B. Briggs of Epsilon Associates, Inc., and Matthew J. Kiefer, Esq., of Goulston & Storrs, PC

What You Will Learn



Agenda

Wednesday, November 07, 2012

8:00 am

Registration Opens

 
8:30 am

Introduction and Overview

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

Matthew J. Kiefer, Esq., Program Co-Chair
Goulston & Storrs, PC / Boston, MA

 
8:45 am

Special Opening Address: State Policy Priorities for MEPA

Waivers; key advisory opinions; NPCs; overall volume of filings

Maeve Vallely-Bartlett, Director, MEPA
Executive Office of Energy and Environmental Affairs / Boston, MA

 
9:15 am

Department of Environmental Protection (MassDEP): Regulatory Reform

Update on regulatory reform initiatives, accomplishments; progress towards streamlining/permit reform

Douglas Fine, Assistant Commissioner for Planning & Evaluation
Massachusetts Department of Environmental Protection / Boston, MA

Practitioner's perspective

Ronald W. Ruth, LEED AP, Esq.
Sherin and Lodgen LLP / Boston, MA

 
10:15 am

Break

 
10:30 am

MEPA/NEPA Case Law Update

Update on key federal cases and developments involving NEPA, including the new Council on Environmental Quality Guidelines

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

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

Ruth H. Silman, Esq.
Nixon Peabody LLP / Boston, MA

 
11:45 am

Legislative Update: What's Happened Recently and What Does It Portend for the Future?

George Bachrach, Esq., President
Environmental League of Massachusetts / Boston, MA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Casino Permitting in Massachusetts

Coordinating host community agreement, MEPA, NEPA, city zoning and Gaming Commission submittals: Which comes first? Coordinating studies

Charles A Baker, III, Esq.
DLA Piper / Boston, MA

Stephen I. Burr, Esq.
Rackemann, Sawyer & Brewster / Boston, MA

 
2:30 pm

Coordinating Historic Resources Review with Impact Reviews under MEPA and NEPA

Overview of jurisdictional issues

Brona Simon, State Historic Preservation Officer and Executive Director
Massachusetts Historical Commission / Boston, MA

 
3:00 pm

Offshore Wind and Transmission: Permitting Process and Current Status

Proposed lease areas south of Cape Cod; The Bureau of Ocean Energy Management leasing process

Michael D. Ernst, Esq., Director of Regulatory Affairs
Tetra Tech EC, Inc. / Boston, MA

 
3:30 pm

Break

 
3:45 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

Matthew J. Kiefer, Esq., Program Co-Chair, Moderator
Goulston & Storrs, PC / Boston, MA

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

Seth Kaplan, Esq., Vice President, Policy and Climate Advocacy
Conservation Law Foundation / Boston, MA

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Epsilon Associates, Inc. and Goulston & Storrs, PC

 


Tuition

Regular tuition for this program is $645 with a group rate of $485 each for two or more registrants from the same firm. For government employees, we offer a special rate of $430. For students and people in their job for less than a year, our rate is $322.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Thursday, November 1, 2012. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

Live credits: This program qualifies for CLE in all states requiring CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in any states and other types of credits.



Location

The seminar will be held at the Seaport Boston Hotel at 1 Seaport Lane in Boston, MA 02210. Call the hotel directly at (800) 440-3318 for reservations at the special negotiated rate of $309 and mention that you are attending a Law Seminars International workshop. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a DVD recording and the course materials (either a binder or searchable CD), is available for $655. 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 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.
Full bio and contact info for Margaret Briggs at Epsilon Associates, Inc.

Matthew J. Kiefer, Program Co-Chair, Director at Goulston & Storrs, PC, practices real estate development and land use law. He focuses on obtaining site control and public approvals for complex urban projects, including market-oriented and affordable housing, commercial and mixed-use developments.
Full bio and contact info for Matthew J. Kiefer at Goulston & Storrs, PC

Maeve Vallely-Bartlett is the MEPA Director at the Executive Office of Energy and Environmental Affairs (EEA), Commonwealth of Massachusetts.

George Bachrach, President of the Environmental League of Massachusetts, is a former state senator and lecturer, currently teaching journalism at Boston University. He regularly provides political commentary for Boston area television and radio stations.
Full bio and contact info for George Bachrach at Environmental League of Massachusetts

Charlie A. Baker III, partner at DLA Piper, focuses on major real estate developments and government relations matters. He advises clients in the casino industry, major hotel corporations, real estate developers and communication companies.

Stephen I. Burr, Director at Rackemann, Sawyer & Brewster, represents real estate developers, real estate operating companies and owners or managers of real estate based businesses (e.g. hotels, senior living facilities, casinos.)
Full bio and contact info for Stephen I. Burr at Rackemann, Sawyer & Brewster

Michael D. Ernst, Director, Regulatory Affairs at Tetra Tech EC, Inc., supervises the siting and permitting of energy facilities and the interconnection studies to connect those facilities to the grid.

Douglas Fine, Assistant Commissioner for Planning & Evaluation at the Massachusetts Department of Environmental Protection (MassDEP) oversees strategic and operations planning, assessment, communications, and high-level policy issues agency-wide.

Mark C. Kalpin, partner at Wilmer Cutler Pickering Hale and Dorr LLP, and co-chair of the Cleantech and Energy Group, advises clients on energy law and renewable energy generation projects.

Seth Kaplan, Vice President for Policy and Climate Advocacy at Conservation Law Foundation, focuses on fostering renewable energy, working for climate protection and reducing the environmental impact of fossil fuel power plants.

Douglas M. McGarrah, partner at Foley Hoag LLP and Co-Chair of the Real Estate/Land Use and Development Practice, focuses on major development and infrastructure projects, expedited permitting, and development of large-scale sites including approvals under NEPA and MEPA.
Full bio and contact info for Douglas M. McGarrah at Foley Hoag LLP

Ronald W. Ruth, LEED AP, is managing partner and co-chair of the Environmental Law Group at Sherin and Lodgen LLP, focusing on environmental, real estate and land use law. He is Former Legal Counsel to the Massachusetts Department of Fisheries, Wildlife, and Environmental Law Enforcement.
Full bio and contact info for Ronald W. Ruth LEED AP at Sherin and Lodgen LLP

Ruth H. Silman, partner at Nixon Peabody LLP, leads the Climate Change Team and focuses on environmental issues at the federal, state and local levels. Previously, she worked for the Massachusetts Office of the Attorney General in the Environmental Protection Division.
Full bio and contact info for Ruth H. Silman at Nixon Peabody LLP

Brona Simon is the State Historic Preservation Officer of Massachusetts, Executive Director of the Massachusetts Historical Commission (MHC), and State Archaeologist and Director of Technical Services at the MHC.