Law Seminars International Presents: The Third Annual Advanced Conference on

Natural Resource Damages
Evolving strategic, tactical and substantive issues



February 6 & 7, 2014
Thurman Arnold Building in Washington, DC

Who Should Attend

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 Attend

Natural resource damages claims seek restoration and compensation to the public from natural resource injuries resulting from oil spills and releases of hazardous substances.

This conference will cover the substantial legal, scientific, economic and policy issues facing Trustees, companies and others, including several cross-cutting issues that have not been addressed in prior conferences. Key questions to be addressed at this advanced NRD conference include trial strategy (from both a defense and prosecution perspective), professional ethical issues that arise in NRD case management and the latest developments in NRD economics including non-use valuation methodologies.

The course will also delve into the complex dynamic of cooperative NRD assessments, the latest developments in several NRD mega-cases, and the impact of notable policy trends from federal, state and Tribal perspectives. This advanced NRD conference will also emphasize practical tips for successfully navigating the complex world of NRD litigation, including in-depth discussions of the admissibility of evidence, how courts weigh the contribution of competing environmental experts, the most effective claims and defenses, issues of proof of baseline and more.

The conference brings together a stellar, nationally-recognized faculty including high-ranking government officials from both federal and state Trustee agencies, senior corporate in-house counsel, private practitioners with notable expertise in developing effective strategies in NRD litigation and best-in-class experts including environmental scientists and economists. We are also thrilled to welcome John Cruden, the President of the Environmental Law Institute and former Deputy Assistant Attorney General at the U.S. Department of Justice, as our honored Keynote Speaker. 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



Agenda

Thursday, February 06, 2014

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: NRD Policy Priorities for Federal Trustees

What are key lessons learned over the last year or so? Where will the federal Trustees focus their attention in the coming year? How are federal agencies interacting and ensuring efficiency?

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

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

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

 
9:45 am

Native American Trustees: Primary Areas of Involvement and Concern for Tribal Trustees

Areas where Tribes don't feel that their interests are adequately represented by state or federal Trustees and how to improve going forward

Ethel Branch, Esq.
Kanji & Katzen P.L.L.C. / Seattle, WA

 
10:30 am

Break

 
10:45 am

State Trustees: Current NRD Issues and Trends at the State Level

An in-depth, insider perspective from two of the most active states in NRD matters: New York and Louisiana

Edward F. McTiernan, Esq., General Counsel
New York State Department of Environmental Conservation / Albany, NY

A state's perspective, including an in-depth, insider perspective from two of the most active states in NRD matters: New York and Louisiana

Samuel W. (Billy) Plauche, Esq.
Seattle, WA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

NRD Mega-Cases: A Status Report

Overview and status report of current NRD mega-cases including the Lower Passaic River, Deepwater Horizon and others

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

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

David P. Schneider, Esq.
Bressler, Amery & Ross, P.C. / Florham Park, NJ

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

 
2:45 pm

Break

 
3:00 pm

Promises and Pitfalls of Cooperation: Trustee and Industry Perspectives

Trustee and PRP benefits from cooperation, yet there are significant hurdles and potential risks; how to design the process for success

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

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

 
4:15 pm

Keynote Address by John Cruden, President of the Environmental Law Institute (ELI) and former Deputy Assistant Attorney General of the U.S. DOJ Environmental and Natural Resources Division

The past, present and future of NRD jurisprudence with an honest discussion of the promises and pitfalls of the NRD legal regime

John C. Cruden, Esq., President
Environmental Law Institute / Washington, DC

 
5:15 pm

Continue the Exchange of Ideas: Reception & Dinner for Faculty and Attendees

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

 

Friday, February 07, 2014

8:30 am

Latest Developments on Non-Use Values

Approaches and challenges for estimating non-use or existing NRD values

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

George R. Parsons, Ph.D.., Professor and Associate Director of Marine Policy
University of Delaware / Newark, DE

Svetlana (Lana) Semenova, Managing Scientist
Exponent, Inc. / Maynard, MA

 
9:45 am

Break

 
10:00 am

Baseline: What Does It Really Mean and How Do You Prove It?

Establishing a defensible baseline condition

Miranda H. Henning, Principal
ENVIRON / Portland, ME

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

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

 
11:15 am

Evidentiary Issues: What's Admissible in NRD Cases

Unique expert witness and methodological issues arising in NRD litigation; how they fare under Daubert and FRE 702; latest trends in admissibility of NRD models: Habitat Equivalency Analysis, Resource Equivalency Analysis and Random Utility Models

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

Elissa J. Preheim, Esq.
Arnold & Porter LLP / Washington, DC

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Putting an NRD Case on Trial

An open, unbiased discussion on strategies and challenges from both a plaintiff and defense perspective

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

William J. Jackson, Esq.
Jackson Gilmour & Dobbs, PC / Houston, TX

 
2:45 pm

Break

 
3:00 pm

Professional Ethics Issues in NRD Litigation

A review of professional ethical issues and pitfalls that arise with NRD cases including management of data and experts in litigation

John Leubsdorf, Esq., Associate Dean for Faculty and Research, Distinguished Professor of Law
Rutgers School of Law-Newark / Newark, NJ

 
4:00 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 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 12.5 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.



Location

The conference will be held in the conference rooms at the Thurman Arnold Building located at 555 Twelfth Street, NW in Washington, DC 20004. Special thanks to Arnold & Porter LLP for making this space available. Sleeping rooms are available at Grand Hyatt Washington, 1000 H street NW. Call the hotel directly at (888) 421-1442 for reservations at the special negotiated rate of $219 and mention that you are attending a Law Seminars International conference. Rooms are on a first come, first served basis.
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 Friday, January 31, 2014. 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

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

John C. Cruden, Special Address, is the President of the Environmental Law Institute. Previously, he was the Deputy Assistant Attorney General of the U.S. DOJ Environment and Natural Resources Division.

Ethel Branch, Kanji & Katzen P.L.L.C., advises and represents Indian Nations and Tribal governments on restoration of Tribal natural resources and protection of Tribal sovereign immunity from suit in state court.
Full bio and contact info for Ethel Branch at Kanji & Katzen P.L.L.C.

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.
Full bio and contact info for Rick Dunford at Environmental Economics Services, LLC

Robert Haddad, Ph.D., Division Chief, Assessment and Restoration Division, National Oceanic and Atmospheric Administration (NOAA), co-leads NOAA's Damage Assessment Remediation & Restoration Program.

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 techniques for mitigating effects of persistent and bioaccumulative compounds on wildlife.
Full bio and contact info for Miranda H. Henning at ENVIRON

William J. Jackson, partner at Jackson Gilmour & Dobbs, PC, represents clients in environmental and natural resource damages, including property damages, economic impacts, remediation costs and natural resource damage.

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.

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.
Full bio and contact info for Laurence S. Kirsch at Goodwin Procter LLP

Eric G. Lasker, partner, 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.

John Leubsdorf, Associate Dean for Faculty and Research, Distinguished Professor of Law, and Judge Frederick B. Lacey Distinguished Scholar, teaches Professional Responsbility at Rutgers School of Law-Newark.

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

Edward F. McTiernan is General Counsel at New York State Department of Environmental Conservation.

George R. Parsons, Ph.D., Professor and Associate Director of Marine Policy, School of Marine Science & Policy, University of Delaware, concentrates on economics of coastal and ocean resource use, environmental economics and applied welfare economics.
Full bio and contact info for George R. Parsons Ph.D.. at University of Delaware

Samuel W. (Billy) Plauche, partner at Plauche & Carr LLP, with offices in Seattle, WA and Lafayette, LA, focuses on natural resources, land use and environmental regulations, including wetlands or hazardous waste, natural resource damage actions, and Clean Water Act and Clean Air Act challenges. Previously, he was with the DOJ.

Elissa J. Preheim, partner in Arnold & Porter LLP's Litigation Practice, focuses on securities, complex commercial and environmental litigation.
Full bio and contact info for Elissa J. Preheim at Arnold & Porter LLP

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.

David P. Schneider, member of Bressler, Amery & Ross, P.C., focuses on environmental law and litigation. He is experienced in CERCLA/Superfund matters, litigation in government-initiated and complex private party cost recovery actions, and in obtaining insurance coverage for environmental liabilities.

Svetlana (Lana) Semenova, Managing Scientist at Exponent, Inc., conducts economic analyses assessing the impacts of environmental regulations. She specializes in natural resource damage assessment, cost impact, benefits assessment, cost-benefit analysis and non-market valuation.
Full bio and contact info for Svetlana (Lana) Semenova at Exponent, Inc.

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, Exxon Mobil Corporation, works in the Environmental and Safety section of the Law Department.