Law Seminars International Presents: A Comprehensive Conference on

Tribal Energy in the Southwest
New opportunities for Tribal projects, new policies, regulations and markets



December 9 & 10, 2013
Sandia Resort & Casino in Albuquerque, NM

Who Should Attend

Attorneys, Tribal representatives, industry executives, governmental officials

Why You Should Attend

Interest in energy development in Indian country, driven by demand for renewable wind and solar power and the opportunities and issues presented by new oil and gas technologies, is at peak levels. Some Southwestern Tribes are transitioning from merely providing land, energy or rights of way, to becoming active entrepreneurial participants in energy projects. Tribal leaders are faced with choices of developing their own energy resources, or forming joint ventures and building new alliances with other strategic business partners.

This conference focuses on specific market opportunities for projects in the Southwest and energy or power sales from projects outside the region. We will discuss federal and state policies, practicalities of funding projects, structuring deals, tools for overcoming regulatory hurdles, and transmission for getting energy or power to market and more.

You will learn practical tips for companies dealing with Tribes and lessons from the trenches for all participants in energy projects in Indian country. Our distinguished faculty will provide attorneys, Tribal representatives, industry executives and consultants with key information on successful Tribal energy development in the Southwest.

~ Program Co-Chairs: Tom Peckham, Esq. of Nordhaus Law Firm, LLP and Lynn H. Slade, Esq. of Modrall Sperling

What You Will Learn



Agenda

Monday, December 09, 2013

8:00 am

Registration Opens

 
8:30 am

Optional Boot Camp: Energy Law 101 and Indian Law 101 and How the Two Interact

The regulatory structure for private energy development on Tribal lands: Leasing structures for site acquisition and how permitting differs for projects in Indian country

James T. Meggesto, Esq.
Akin Gump Strauss Hauer & Feld LLP / Washington, DC

Tribal sovereignty issues as they relate to energy projects: Scope of Tribal sovereignty in general and specific issues arising in the context of energy resource developments

Shenan R. Atcitty, Esq.
Holland & Knight LLP / Washington, DC

 
9:40 am

The Main Program: Introduction and Overview

Tom Peckham, Esq., Program Co-Chair
Nordhaus Law Firm, LLP / Albuquerque, NM

Lynn H. Slade, Esq., Program Co-Chair
Modrall Sperling / Albuquerque, NM

 
9:45 am

Special Address: Update on Current Federal Policy for Tribal Resource Development

A national look at incentives and disincentives in existing public policy; new policy proposals and their prospects; resources and projects finding a place in the market

Tracey A. LeBeau, Esq., Director, Office of Indian Energy Policy and Programs
United States Department of Energy / Washington, DC

 
10:30 am

Break

 
10:45 am

The Interplay Between Tribal Sovereignty and Federal/State Environmental Quality Regulations

Air quality: Overview of Tribal jurisdiction in the environmental arena and discussion of related Clean Air Act cases

Jill E. Grant, Esq.
Jill Grant & Associates, LLC / Washington, DC

Water quality

William C. Scott, Esq.
Modrall Sperling / Albuquerque, NM

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Tribal Energy Development under BIA's New Leasing Vehicles

Overview of general surface leasing provisions and BIA's recently revised rules designed to streamline the lease approval process for solar and wind energy projects

Glenn M. Feldman, Esq.
Dickinson Wright PLLC / Phoenix, AZ

Delegation of leasing authority from BIA to Tribes under the Helping Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act

Gary F. Brownell, Esq.
Sonosky, Chambers, Sachse, Endreson & Perry, LLP / Albuquerque, NM

 
3:00 pm

Break

 
3:15 pm

Key Factors Affecting the Viability of New Renewable Energy Projects on Tribal Lands

Renewable portfolio standards; carbon regulation; other developments tending to create demand for renewable energy

Ashley K. Wald, Esq.
Holland & Hart LLP / Denver, CO

Impact of low-cost natural gas on demand for power from renewable resources

Daniel E. Klein, Founder & President
Twenty-First Strategies / Santa Fe, NM

The challenge of getting renewable power to market: Status report on transmission expansion in the Southwest and what to expect in the future

Sarah Cottrell Propst, Executive Director
Interwest Energy Alliance / Santa Fe, NM

Keith Sparks, Director of Development
Clean Line Energy / Houston, TX

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Modrall Sperling and Nordhaus Law Firm, LLP

 

Tuesday, December 10, 2013

8:30 am

Introduction to Day 2

Tom Peckham, Esq., Program Co-Chair
Nordhaus Law Firm, LLP / Albuquerque, NM

Lynn H. Slade, Esq., Program Co-Chair
Modrall Sperling / Albuquerque, NM

 
8:45 am

Challenges and Opportunities for Tribes with Traditional Fossil Fuel Resources: Coal

The future for coal as an electric generating fuel in the U.S.: Pending regulatory changes and legislation

Lisa M. McKnight, Esq.
Salmon, Lewis & Weldon, PLC / Phoenix, AZ

Environmental challenges to proposed northwest coal exports: Issues likely to affect agency decisions; letters and comments from Tribes to date; and an update on the expanded scope of environmental review

Tom Ehrlichman, Esq., Co-Executive Director
Center for Salish Community Strategies / Bellingham, WA

 
10:15 am

Break

 
10:30 am

Update on the Conflict Over Hydraulic Fracturing and Other Forms of Unconventional Oil & Gas Development

Update on BLM's fracking rulemaking and the implications for resource development on Tribal lands

Gregory J. Nibert, Esq.
Hinkle, Hensley, Shanor & Martin, L.L.P. / Roswell, NM

Best practices for minimizing surface and groundwater impacts

David Neslin, Esq.
Davis Graham & Stubbs LLP / Denver, CO

Water for fracking and other new energy development projects: Addressing the practical issues that arise for Tribes with senior rights who are late coming to the table in terms of usage

Barclay Richard Nicholson, Esq.
Fulbright & Jaworski LLP / Houston, TX

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Cultural Resources and Historic Preservation Issues

Challenges to cultural designations; update on pending cases and their significance

Stan N. Harris, Esq.
Modrall Sperling / Albuquerque, NM

 
2:00 pm

Deal Structures and Enforceability: Tips for Documenting a Transaction to Facilitate Funding and Achieve More Certainty Regarding Enforceability

Contracts with project developers: Identifying what tribes can bring to the table; fitting the deal structure to the parties and the project (lease, joint venture or some other approach?)

Jennifer H. Weddle, Esq.
Greenberg Traurig, LLP / Denver, CO

Contracts with energy buyers: Essential terms for a financeable power purchase agreement

Teresa A. Hill, Esq.
K&L Gates LLP / Portland, OR

Contingency planning for partner bankruptcy waivers of immunity; maintaining control of leases; forum selection and other enforceability issues

Michael P. O'Connell, Esq.
Stoel Rives LLP / Seattle, WA

 
3:30 pm

Evaluations and Adjourn

 


Tuition

Regular tuition for this program is $995 with a group rate of $745 each for two or more registrants from the same firm. For Tribes, we offer half price, which is $497.50. 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 12.2 NM CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.



Location

The conference will be held at the Sandia Resort & Casino at 30 Rainbow Road NE in Albuquerque, New Mexico 87113. Call the hotel directly at (800) 526-9366 for reservations at the special negotiated rate of $149 and mention that you are attending a Law Seminars International conference. 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, is available for $1005. 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

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 Tuesday, December 3, 2013. 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.



Faculty Bios

Tom Peckham, Program Co-Chair, is partner at Nordhaus Law Firm, LLP and has represented Tribes and Tribal corporations in litigation in federal, state, and Tribal courts. He also assists Tribal clients in revising Tribal constitution and Tribal code provisions, in developing and enforcing regulations, and in long-range economic planning and development.

Lynn H. Slade, Program Co-Chair, partner at Modrall Sperling, focuses on federal Indian law, energy, natural resources and, environmental law, and project development in Indian country. He is listed in "Best Lawyers" and among the "Top 25 New Mexico Super Lawyers."

Shenan R. Atcitty, partner in the federal Indian Law Practice Group at Holland & Knight LLP, is a leader in the Native American legal and lobbying practice. Her practice involves congressional and federal representation, as well as general legal counsel work for Indian Tribes and Tribal organizations.

Gary F. Brownell is partner at Sonosky, Chambers, Sachse, Endreson & Perry, LLP. Previously, he was with the Department of Justice of the Ho-Chunk Nation, first as a Tribal Attorney and then, as Attorney General.

Tom Ehrlichman, Co-Executive Director, Center for Salish Community Strategies, co-manages day-to-day operations and focuses on environmental law and justice.

Glenn M. Feldman, member at Dickinson Wright PLLC, focuses on Indian gaming and reservation economic development activities. He is counsel to a number of Indian Tribes, Tribal casinos and business ventures.
Full bio and contact info for Glenn M. Feldman at Dickinson Wright PLLC

Jill E. Grant, of Jill Grant & Associates, LLC, is an attorney in Washington, D.C. who focuses on the development, implementation, and enforcement of Tribal environmental laws and programs and on associated administrative and appellate litigation.

Stan N. Harris, member of the Natural Resources and Environment practice group at Modrall Sperling, is Chair of the Public Lands group and the firm's Recruiting Committee. He is experienced in advising clients at the judicial, administrative, and legislative levels on federal, state, and local issues.

Teresa A. Hill, partner at K&L Gates LLP, focuses on energy and infrastructure projects and transactions with an emphasis on wind, solar, biomass, geothermal and hydroelectric power.

Daniel E. Klein, Founder and President, Twenty-First Strategies, offers energy and environmental consulting services focusing on climate change, energy security, strategic planning for electric power, sustainability, energy supply and usage.

Tracey A. LeBeau, Special Address, Director for the U.S. Department of Energy's Office of Indian Energy Policy and Programs, manages, coordinates, creates and facilitates programs and initiatives to encourage Tribal energy and energy infrastructure development.

Lisa M. McKnight, is one of the six founding attorneys of Salmon, Lewis & Weldon, PLC and specializes in environmental and natural resources law, Indian law, and federal administrative law and procedure.

James T. Meggesto, partner at Akin Gump Strauss Hauer & Feld LLP, advises clients regarding American Indian law and policy and focuses on representation of Indian tribes, Tribal governmental instrumentalities and Tribally owned enterprises.

David Neslin, partner at Davis Graham & Stubbs LLP, focuses on energy development and projects on public lands and represents oil and gas clients in administrative matters before state and federal agencies. Previously, he led the Colorado Oil & Gas Conservation Commission.

Gregory J. Nibert, partner at Hinkle, Hensley, Shanor & Martin, L.L.P., is focused on oil and gas law, including title examination, financing, contract preparation, acquisitions and divestitures, division orders, oil and gas administrative agency matters.

Barclay Richard Nicholson, partner at Fulbright & Jaworski LLP, offers clients knowledge and experience in energy-related and business disputes. He is experienced in handling energy related litigation.

Michael P. O'Connell, partner, Stoel Rives LLP, focuses on natural resources, environmental, energy, water rights and Indian law involving project development.

Sarah Cottrell Propst is Executive Director of Interwest Energy Alliance, a non-profit trade association bringing renewable energy companies together with non-governmental organizations in the West.

William C. Scott, partner at Modrall Sperling, focuses on transactions, permitting and regulatory compliance, and litigation in the areas of natural resources, environmental, and Indian law.

Keith Sparks, Director of Development at Clean Line Energy is responsible for managing the siting process, permitting efforts, public outreach, environmental considerations, and strategic planning necessary for implementing the Centennial West Clean Line.

Ashley K. Wald is in the Denver office of Holland & Hart LLP and advises her clients on the renewable energy project development process, from site acquisition and permitting to construction and financing, and through commercial operation.
Full bio and contact info for Ashley K. Wald at Holland & Hart LLP

Jennifer H. Weddle, shareholder, Greenberg Traurig, LLP, and Co-Chair of the American Indian Law Practice Group, focuses on Tribal jurisdiction and natural resources development on Tribal lands.