Law Seminars International Presents: Second Annual Advanced Two-Day Conference on

Natural Resource Damages
Evolving strategic, tactical and substantive issues

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

February 14 & 15, 2013
Thurman Arnold Building 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 Resources Damages policy and practice are of vital concern to the public, federal, state and tribal trustees and various stakeholder interests. New policy and regulatory approaches and evolving case law continue to fill this critically important area of law with complex challenges for environmental practitioners.

This conference will cover the substantial legal, scientific, economic and policy issues facing trustees and stakeholders. Key questions to be asked and answered involve the continuing evolution in the relationship between cleanup and restoration, the changing calculus surrounding when to settle and when to move forward into advanced NRD litigation, and the impact of notable decisional trends in federal courts. There will also be an emphasis on practical tips for successfully navigating the complex world of NRD litigation. Attendees can expect in-depth discussions on key concepts such as the admissibility of evidence, how courts weigh the contribution of competing environmental experts, the most effective claims and defenses, issues of proof and law and more.

Our faculty is drawn from senior environmental practitioners, and representatives from affected industries and government agencies, who have notable expertise in developing effective strategies in NRD litigation, as well as projecting the impact of important policy and regulatory developments. We hope you can join us and be a part of this important conference.

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

What You Will Learn


Thursday, February 14, 2013

8:00 am

Registration Opens

8:30 am

Introduction and Overview

Ira M. 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

Opening Federal Policy Discussion: What Do Key Trustees Have on the Top of Their Agenda for the Future of NRD Programs?

Choice of NRD laws, voluntary vs. involuntary assessments, remediation vs. restoration, settlement vs. suit

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

Rachel Jacobson, Acting Assistant Secretary, Fish, Wildlife and Parks
U.S. Department of the Interior / Washington, DC

10:00 am


10:15 am

Policy Priorities in Other Jurisdictions: A Look at the Future for NRD Claims by State and Tribal Trustees

Ann Al-Bahish, Esq.
Jackson Gilmour & Dobbs PC / Houston, TX

Brad Marten, Esq.
Marten Law PLLC / Seattle, WA

What's next in NRD? Future trends and developments: State-by-state guide

Jessica R. Brody, Esq.
Arnold & Porter LLP / Denver, CO

12:00 pm

Lunch (on your own)

1:15 pm

Decisional Trends: Discerning the Patterns in Recent Court Decisions and Settlements

What recent cases tell us about the most legal and evidentiary defenses

Lanny S. Kurzweil, Esq.
McCarter & English, LLP / Newark, NJ

2:00 pm

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

Risk of multiple remedies; actions to address the risks; choosing the best approach for your site; NRDRA claims; coordinating response and restoration activities; corporate experiences

John Rudolph, Esq., Attorney Advisor
U.S. Department of the Interior / Washington, DC

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

Lauren Alleman, Associate Ecologist
Great Ecology / New York, NY

Tim Hoelzle, Associate Ecologist
Great Ecology / Denver, CO

3:30 pm


3:45 pm

Promises and Pitfalls of Cooperation: Trustee and Industry Perspectives

Trustee and PRP benefits from cooperation; potential risks; considerations; designing the process; handling recurring problems

Robert Haddad, Ph.D., Chief, Assessment and Restoration Division
National Oceanic and Atmospheric Administration / Silver Springs, MD

Thomas Byrne, Esq., Chief Environmental Counsel
Honeywell International Inc. / Morristown, NJ

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

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


Friday, February 15, 2013

8:30 am

Environmental and Economic Impacts of NRD

Establishing a defensible baseline condition; approaches for assessing and managing risks

Miranda H. Henning, Principal
ENVIRON / Portland, ME

Robert E. Unsworth, Principal and Director
Industrial Economics, Incorporated / Cambridge, MA

9:30 am

Putting an NRD Case on Trial

An open, unbiased discussion on strategies and challenges

James A. Bruen, Esq.
Farella Braun & Martel LLP / San Francisco, CA

Allan Kanner, Esq.
Kanner & Whiteley, L.L.C. / New Orleans, LA

10:30 am


10:45 am

NRD Claims Under the "Other" (Non-CERCLA) Statutes

Forest Service and Marine Sanctuaries

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

U. S. Department of Interior's Park System Resource Protection Act (16 usc 19jj): claims of destruction of historic civil war earthworks, theft of fossilized dinosaur footprints, etc.; cutting edge issues of valuation and restoration

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

11:45 am

International Based NRD Restoration

Central American restoration of neotropical migrant songbird injury, why and when extraterritorial restoration can be the preferred option

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

12:15 pm

Lunch (on your own)

1:30 pm

Discussion by the Experts on Questions of Proof: The Economics of Restoration

Comparability requirement for service losses and restoration gains; role of baseline in restoration; tradeoffs between primary and compensatory restoration; relationship between remediation and restoration

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

2:45 pm


3:00 pm

What's Admissible and How It Fits with Legal Standards

Unique expert issues that arise in NRD litigation and how they fare under Daubert and FRE 702

Laurence S. Kirsch, Esq.
Goodwin Procter LLP / 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 NRD Trustees our rate is $497.50. 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 12.5 VA CLE Type credits. 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.
Full bio and contact info for Brian D. Israel at Arnold & Porter LLP

Ann Al-Bahish, shareholder at Jackson Gilmour & Dobbs, PC, focuses on environmental and commercial litigation. She works on significant water pollution cases in New Jersey and Oregon.

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.

Jessica R. Brody is a member of Arnold & Porter LLP's Environmental and Litigation practice groups. Her work includes complex civil litigation and counseling clients on environmental and other matters.
Full bio and contact info for Jessica R. Brody at Arnold & Porter LLP

James A. Bruen, partner, Farella Braun + Martel LLP, represents industry, universities and governmental institutions, in domestic and international environmental counseling and litigation involving natural resource damages. He is a Regent of the American College of Environmental Lawyers.
Full bio and contact info for James A. Bruen at Farella Braun & Martel LLP

Thomas Byrne is Chief Environmental Counsel at Honeywell International Inc.

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.

Robert Haddad, Ph.D., Chief, Assessment and Restoration Division, National Oceanic and 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.

Miranda H. Henning, Principal at ENVIRON, specializes in the assessment and management of human health and ecological risks posed by chemicals at contaminated aquatic and terrestrial sites. She focuses on innovative techniques for measuring and mitigating effects of persistent and bioaccumulative compounds on wildlife.
Full bio and contact info for Miranda H. Henning at ENVIRON

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.

Allan Kanner, founder, Kanner & Whiteley, L.L.C., focuses on environmental law and represents states and tribes in NRD matters. He is Trial Counsel for the State of Louisiana in the BP Oil Spill MDL, and for the State of New Jersey in the leading case of DEP v. ExxonMobil.

Laurence S. Kirsch, partner and chair of the Environmental Practice at Goodwin Procter LLP, is an environmental litigator, counselor and transactional attorney. He focuses on air, surface water, groundwater, hazardous waste, sediments, toxic substances regulation and indoor air quality.

Lanny S. Kurzweil, partner in the Environment & Energy Practice Group at McCarter & English, LLP, handles cost recovery actions in environmental cases involving landfills, groundwater, soil contamination and underground storage tanks, and advises clients on natural resource damages issues.
Full bio and contact info for Lanny S. Kurzweil at McCarter & English, LLP

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

Brad Marten, President of the American College of Environmental Lawyers, Chairman of Marten Law PLLC, is ranked as one of the nation's top environmental lawyers. His NRD experience includes Exxon Valdez and Deepwater Horizon oil spills and Fox River.

Jean Martin is Senior Counsel, HSSE, in the Legal Department of BP America Inc.

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.

John Rudolph is Attorney Advisor at the U.S. Department of the Interior in the Office of the Solicitor, Division of Parks and Wildlife, Branch of Environmental Restoration.

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.

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.

Robert E. Unsworth, Principal and Director, Industrial Economics, Incorporated, specializes in natural resource economics and damage assessment, environmental benefits assessment, and environmental policy analysis.