Law Seminars International Presents: The Seventh Annual Comprehensive Conference on

Natural Resource Damages
Evolving strategic and tactical issues

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

July 18 & 19, 2013
Hilton of Santa Fe Historic Plaza Hotel in Santa Fe, NM

Who Should Order This Homestudy

In-house and private attorneys, consultants, corporate managers and governmental representatives, and others who are involved in natural resource damage claims

Why You Should Order

Natural Resource Damages (NRD) litigation remains one of the most active and dynamic areas of environmental law. NRD statutory claims in courts across the United States, and associated state statutory and common law claims, present complex and evolving strategic and tactical issues for both natural resource trustees and potentially responsible parties. As case law defining NRD claims and defenses continue to develop, trustees and stakeholders have taken new approaches to both prosecuting and defending NRD claims, thereby advancing NRD practice. NRD claims can place enormous sums at issue.

Who are the new voices in bringing NRD claims and defenses? How do the new voices change the dynamics of NRD assessments and lawsuits?

What are the limits and types of NRD claims? How will trustees use other statutes and common law claims to address recent federal and state NRD decisions? How can trustees and responsible parties best position themselves during the natural resource injury assessment process? What are the most effective (and least effective) NRD claims and defenses? How are NRD injuries measured and monetized? How can trustees and responsible parties engage in a cooperative assessment dialogue and productive settlement process? What are the best strategies and tactics to handle large, complex NRD litigation?

These and other questions will be discussed at this advanced conference. Our faculty is drawn from senior environmental practitioners and experts across the country. They come from affected industry, federal and state governments, nationally-recognized plaintiff and defense firms, and environmental and economic consultant practices directly involved in precedent-setting NRD claims.

~ Program Co-Chairs: James A. Bruen, Esq. of Farella Braun + Martel LLP and Donald W. Fowler, Esq. of Hollingsworth LLP

What You Will Learn


Thursday, July 18, 2013

8:00 am

Registration Opens

8:30 am

Introduction & Overview

James A. Bruen, Esq., Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

Donald W. Fowler, Esq., Program Co-Chair
Hollingsworth LLP / Washington, DC

8:45 am

New Voices and Objectives for Natural Resource Damages Claims

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

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

Michael D. Goodstein, Esq.
Hunsucker Goodstein PC / Washington, DC

9:45 am

Another New Voice: EPA as a Natural Resources Trustee

C. Scott Fulton, Esq.
Beveridge & Diamond, P.C. / Washington, DC

10:15 am


10:30 am

A Response From the Responsible Party's Perspective

James A. Bruen, Esq., Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

11:00 am

Climate Change and NRD: Did Kivalina v. ExxonMobil Kill Federal Environmental Common Law?

Angus Macbeth, Esq.
Sidley Austin LLP / Washington, DC

Scott E. Kauff, Esq.
Law Offices of John K. Dema, P.C. / Rockville, MD

12:00 pm

Lunch (on your own)

1:15 pm

Bringing an NRD Case to Trial - A Mock Exercise to Bring Focus to Issues of Proof and Law

David G. Mandelbaum, Esq.
Greenberg Traurig, LLP / Philadelphia, PA

Michael R. Thorp, Esq.
Summit Law Group / Seattle, WA

2:15 pm

Corporate Counsel Look at What Can You Do to Protect Your Client Against Potential NRD Claims

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

Kevin J. Vaughan, Esq., Counsel
Exxon Mobil Corporation - Environmental & Safety / Fairfax, VA

3:15 pm


3:30 pm

The Economics of Restoration:

Service Losses and Restoration Gains, Baseline, Primary and Compensatory Restoration Tradeoffs in Theory and Practice

Donald W. Fowler, Esq., Program Co-Chair
Hollingsworth LLP / Washington, DC

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

5:00 pm

Special Private Reception for Faculty and Attendees at DueWest Gallery

Sponsored by Farella Braun + Martel LLP and Hollingsworth LLP


Friday, July 19, 2013

8:30 am

New Ideas about Estimating Damages, Including Those for Lost Cultural Services and Non-Use Injuries

Sarah F. Peterman, Esq.
Farella Braun + Martel LLP / San Francisco, CA

William H. Desvousges, Ph.D., President
W. H. Desvousges & Associates, Inc. / Raleigh, NC

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

9:45 am

Deepwater Horizon NRDA

Update and status

Brian D. Israel, Esq.
Arnold & Porter LLP / Washington, DC

10:15 am


10:30 am

Irretrievable and Irreversible Commitment of Natural Resources: Theoretical and Practical Implications

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

11:00 am

New Trends: What Do Recent Case Law and Settlements Tell Us About the Most Effective Defenses

Key cases

Ira Gottlieb, Esq.
McCarter & English, LLP / Newark, NJ

John K. Dema, Esq.
Law Offices of John K. Dema, P.C. / Christiansted, VI

12:00 pm

Further Thoughts on Integration of Remediation and NRD: Is It a Pipe Dream?

James A. Bruen, Esq., Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

Donald W. Fowler, Esq., Program Co-Chair
Hollingsworth LLP / Washington, DC

Paul D. Boehm, Ph.D., Group VP, Principal Scientist
Exponent, Inc. / Maynard, MA

Miranda H. Henning, M.E.M, Principal
ENVIRON / Portland, ME

12:30 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.

Continuing Education Credits

Live credits: This program qualifies for 10.5 NM CLE; 10.5 CA MCLE; 10.25 WA CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.


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

Faculty Bios

James A. Bruen, Program Co-Chair, 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.

Donald W. Fowler, Program Co-Chair, managing partner, Hollingsworth LLP, concentrates on defending environmental and toxic tort litigation, including actions brought by federal and state natural resource trustees.

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.

John K. Dema, founder, Law Offices of John K. Dema, P.C., focuses on NRD recoveries on behalf of trustees of natural resources, specializing in groundwater and marine resources. His firm currently represents several state entities with respect to NRD, remediation and product liability claims.

William H. Desvousges, Ph.D., President, W. H. Desvousges & Associates, Inc., has led major NRDA valuations, co-authored the economic handbook for the U.S. Department of the Interior regulations, and testifies on NRD measurements.

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.

C. Scott Fulton is a principal of Beveridge & Diamond, P.C. Until recently, he was General Counsel of the U.S. Environmental Protection Agency (EPA), where he advised EPA on its most pressing domestic and international legal issues, played a major role in its advocacy efforts, and led one of the world's largest environmental law offices.

Michael D. Goodstein, Vice President and shareholder of Hunsucker Goodstein PC, is lead counsel in litigation involving federal and state environmental laws, toxic torts, property damage, insurance coverage and inverse condemnation. He is a DC Super Lawyer and two-time recipient of the John Marshall Award, one of the Department of Justice's highest honors.

Ira Gottlieb, partner and Environmental Practice Group Leader, McCarter & English, LLP, focuses on litigation, NRD assessments, water sediment and other site remediation, and groundwater NRD actions and is listed in Chambers USA.

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's involved in regulatory development, decision-making framework training and applications, sampling guidance, risk assessment methods, polychlorinated biphenyl (PCB) toxicology and establishment of risk-based screening levels and remediation goals.

Brian D. Israel, 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.

Scott E. Kauff, Of Counsel at the Law Offices of John K. Dema, P.C., concentrates on environmental and toxic torts litigation as well as environmental counseling. He represents several trustees and governmental entities with respect to numerous NRD, remediation and product liability claims.

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.

Angus Macbeth, senior counsel and former Head of the Environmental Practice Group at Sidley Austin LLP, focuses on Superfund and EPA's administration of the Clean Air and Clean Water Acts.

David G. Mandelbaum, Co-Chair of the National Environmental Practice, Greenberg Traurig, LLP, represents clients in connection with some of the nation's more prominent contaminated sediment sites. He also teaches "Superfund Litigation"and "Oil and Gas Law" at Temple Law School.

Brad Marten is Chairman of Marten Law PLLC and immediate past President of the American College of Environmental Lawyers. He is ranked as one of the nation's top environmental lawyers. His NRD experience includes representing both Responsible Parties and Trustee parties, in oil spills such as the Exxon Valdez and Deepwater Horizon.

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

Sarah F. Peterman, partner, Farella Braun + Martel LLP, focuses on environmental and natural resources litigation and counseling in environmental enforcement actions, cost recovery litigation, citizen suits, complex toxic tort litigation and administrative proceedings.

Michael R. Thorp, member, Summit Law Group, focuses on CERCLA response cost and natural resource damage litigation, cooperative assessments and settlement processes. He was formerly a trial attorney in the US Department of Justice Indian Resources Section.

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.

Kevin J. Vaughan, Counsel, Exxon Mobil Corporation, currently works in the Environmental and Safety section of Exxon Mobil Corporation's Law Department.