Law Seminars International Presents: The 15th Annual Comprehensive Conference on

Clean Water and Stormwater
Cutting edge developments in water quality litigation, enforcement, and compliance



April 7 & 8, 2015
Renaissance Seattle Hotel in Seattle, WA

Who Should Order This Homestudy

Attorneys, agency officials, business executives, environmental, land use and real estate professionals

Why You Should Order

This year's Clean Water and Stormwater Conference provides crucial updates on water quality regulation, litigation, compliance and enforcement. Region 10 EPA Administrator Dennis McLerran will bring you up to date on the EPA's enforcement priorities and, of special importance to municipalities, its current focus on watershed planning and municipal stormwater. Ecology's Water Quality program Manager, Heather Bartlett will address Washington's proposed revised water quality standards.

You will hear what developers who are starting to exercise vested rights need to comply with more recent Clean Water Act and local permit requirements. In an update on the Corps' rulemaking to define "Waters of the United States", speakers will discuss the primary legal issues and arguments over the underlying and competing scientific reports. Municipal permits will be discussed in detail, experts will look at alternative approaches to watershed-based permits as well as key policy issues and implementation challenges.

The Conference features an exceptional panel of leading legal, regulatory and business experts who will discuss Ecology's proposed Human Health Water Quality Criteria, the interplay between water supply and water quality, and provide a status of the pending coal and oil terminal cases. Kay M. Brown, Board Member of the Pollution Control/Shorelines Hearings Board, will provide valuable tips for proving your case including introducing exhibits at PCHB hearings, the pilot project for use of electronic exhibits, and board amendments to their procedural rules. Finally, an important hour of ethics will look at issues in multi-party administrative proceedings.

This is an important year for Clean Water and Stormwater and we hope to see you at the Conference.

~ Jeff B. Kray, Esq. and Lori Terry Gregory, Esq., Program Co-Chairs

What You Will Learn



Agenda

Tuesday, April 07, 2015

8:00 am

Registration Opens

 
8:30 am

Introduction & Overview

Jeff B. Kray, Esq., Program Co-Chair
Marten Law PLLC / Seattle, WA

Lori Terry Gregory, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA

 
8:45 am

Clean Water Policy Priorities at the Primary Enforcement Agencies

Federal level: Enforcement priorities; EPA position/focus on watershed planning and municipal stormwater

Dennis McLerran, Esq., Regional Administrator - Region 10
U. S. Environmental Protection Agency / Seattle, WA

State level: Proposed revised Washington Water quality standards

Heather Bartlett, Water Quality Program Manager
Washington State Department of Ecology / Olympia, WA

 
10:15 am

Break

 
10:30 am

Arrested Development Becoming Un-Arrested: The Intersection of Land Use Law and Clean Water Law

As the market recovers, and developers start exercising vested rights, to what extent do they need to comply with more recent Clean Water Act and local permit requirements?

Laura C. Kisielius, Esq., Lead Deputy Prosecuting Attorney, Environmental and Land Use Unit
Snohomish County Prosecuting Attorney's Office / Everett, WA

Richard L. Settle, Esq.
Foster Pepper PLLC / Seattle, WA

Meredith Weinberg, Esq.
Perkins Coie LLP / Seattle, WA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Jurisdictional Issues: Update on the EPA/U.S. Army Corps of Engineers Rulemaking to Define "Waters of the United States"

Procedural issues; primary legal issues and arguments over the underlying and competing scientific reports on connectivity of streams and wetlands to downstream waters

Jeff B. Kray, Esq., Program Co-Chair, Moderator
Marten Law PLLC / Seattle, WA

Jack Field, Executive Vice President
Washington Cattlemen's Association / Ellensburg, WA

Charles M. Tebbutt, Esq.
Law Offices of Charles M. Tebbutt / Eugene, OR

 
2:15 pm

Alternate Regulatory Approaches: Are we ready for Watershed-Based Permits?

Do the Municipal Permits, as currently drafted, work or do we have a detailed permit for Phase 1 and another for Phase 2 that may just cause confusion? What are the alternative approaches that could work better?

Ronald L. Lavigne, Esq., Moderator, Senior Counsel, Ecology Division
Washington State Attorney General's Office / Olympia, WA

Michael Milne, Esq.
Brown and Caldwell / Shoreline, WA

Dan Wrye, Water Quality Manager
Pierce County Public Works & Utilities Department / Tacoma, WA

 
3:15 pm

Break

 
3:30 pm

Municipal Stormwater: Key Policy Issues and Implementation Challenges Associated with the Municipal Stormwater Permits

Overview of Washington's municipal stormwater permits; state and local government's perspectives and priorities; enforcement issues; challenges for local governments and the regulated community

Lori Terry Gregory, Esq., Program Co-Chair, Moderator
Foster Pepper PLLC / Seattle, WA

James D. Howsley, Esq.
Jordan Ramis PC / Vancouver, WA

Bill Moore, P.E., Supervisor, Water Quality Program
Washington State Department of Ecology / Olympia, WA

Theresa R. Wagner, Esq., Senior Assistant City Attorney
Seattle City Attorney's Office / Seattle, WA

 
5:00 pm

Adjourn Day One

 

Wednesday, April 08, 2015

8:30 am

Ecology's Proposed Human Health Water Quality Criteria

James A. Tupper, Jr., Esq.
Tupper Mack Wells PLLC / Seattle, WA

 
9:15 am

Coal Train and Oil Terminal Cases: Update on How the Cases Are Evolving

Status of the pending coal and oil terminal projects; a review of pending legal challenges; an overview of upcoming legal issues

Svend Brandt-Erichsen, Esq.
Marten Law PLLC / Seattle, WA

 
9:45 am

Water Resource Impacts: The Interplay Between Water Supply and Water Quality

Adam Gravley, Esq.
Van Ness Feldman, LLP / Seattle, WA

 
10:30 am

Break

 
10:45 am

Tips for Proving Your Case: Application of Rules of Evidence in PCHB Proceedings

Introduction of exhibits at PCHB hearings; pilot project for use of electronic exhibits; Board amendments to their procedural rules

Kay M. Brown, Esq., Board Member
Pollution Control/Shorelines Hearings Board / Olympia, WA

 
11:30 am

Ethical Issues in Multi-Party Administrative Proceedings

Ken Lederman, Esq.
Foster Pepper PLLC / Seattle, WA

 
12:30 pm

Evaluation and Adjourn

 


Cost

Regular tuition for in person or webcast attendance for this program is $795 with a group rate of $595 each for two or more registrants from the same firm. For government employees, we offer a special rate of $530. For students, people in their job for less than a year, and public interest NGO's, our rate is $397.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Financial aid is available to those who qualify. Contact our office for more information.

Continuing Education Credits

Live credits: This program qualifies for 10.25 WA CLE credits (incl. 1 ethics) and 10.25 AICP CM (incl. 1 ethics). Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.



Cancellation

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



Faculty Bios

Jeff B. Kray, Program Co-Chair and partner at Marten Law PLLC, focuses his practice on water quality, water resources and environmental litigation, including Clean Water Act permitting, regulatory compliance and CERCLA site remediation. He advises clients on water quality permit compliance and defense matters, storm water pollution prevention, and transference of water rights.

Lori Terry Gregory, Program Co-Chair, partner at Foster Pepper PLLC, focuses on water quality/resources, environmental law, transportation and infrastructure permitting, facility siting, and environmental litigation.
Full bio and contact info for Lori Terry Gregory at Foster Pepper PLLC

Ronald L. Lavigne, Senior Counsel in the Ecology Division of The Washington State Attorney General's Office is the lead attorney for Ecology's Water Quality Program.

Heather Bartlett, Water Quality Program Manager, Washington State Department of Ecology, was previously with the Department of Health's state drinking water program and the Washington Department of Fish and Wildlife as a fisheries biologist, specializing in salmon and steelhead management.

Svend Brandt-Erichsen, managing partner at Marten Law PLLC's Seattle office, focuses on the development and ongoing operation of energy and natural resource projects. He represents Westway Terminals, developer of one of the proposed crude-by-rail terminals in Grays Harbor, Washington.

Kay M. Brown is a member of the Pollution Control/Shorelines Hearings Board. She was an Administrative Appeals Judge at the Environmental & Land Use Hearings Office as well as an Assistant Attorney General in the Attorney General's Office, representing Department of Natural Resources, Revenue, Social and Health Services, Corrections and Department of Licensing.

Jack Field, Executive Vice President, Washington Cattlemen's Association (WCA), works with producers to educate them about water quality regulations. He represents the WCA in Olympia and works with stakeholders on issues affecting livestock producers throughout the State.

Adam Gravley, partner, Van Ness Feldman, LLP, practices environmental and water law with a focus on water resources development, transactions, civil litigation, and public policy.

James D. Howsley, Jordan Ramis PC, focuses on land use law where he finds creative, cost effective solutions to challenges that could hamper a project. He represents companies, developers and builders throughout Oregon and Washington and has written many articles, including Measure 49 Measured Up.

Laura C. Kisielius, Lead Deputy Prosecuting Attorney in the Environmental and Land Use Unit of the Civil Division, Snohomish County Prosecuting Attorney's Office, advises on land use matters, including the Growth Management Act and the Shoreline Management Act.

Ken Lederman, a member at Foster Pepper PLLC, provides counseling and litigation support on environmental issues for developers, businesses, and landowners in real estate transactions, property redevelopment and regulatory compliance, including federal and state hazardous waste cost-recovery and natural resource damage litigation.
Full bio and contact info for Ken Lederman at Foster Pepper PLLC

Dennis McLerran, Regional Administrator, U.S. Environmental Protection Agency, Region 10, oversees the implementation and enforcement of the federal environmental rules and regulations in the States of Washington, Oregon, Idaho and Alaska, including 271 Tribal governments in the Pacific Northwest and Alaska

Michael Milne, attorney at Brown and Caldwell, is experienced in water resources work encompassing water quality, stormwater management, basin planning, NPDES permitting, and Total Maximum Daily Loads.

Bill Moore is Supervisor in the Water Quality Program at the Washington State Department of Ecology.

Richard L. Settle, Of Counsel, Foster Pepper PLLC, and Professor of Law Emeritus, Seattle University School of Law, focuses on land use, environmental and municipal law. He represents landowners, developers, and governmental entities; and is an expert witness and mediator. He is the author of two books and numerous articles on Washington land use and environmental law.
Full bio and contact info for Richard L. Settle at Foster Pepper PLLC

Charlie M. Tebbutt, Law Offices of Charles M. Tebbutt, P.C., helps clients protect themselves from industrial pollution and chemical injury, enforce environmental laws and hold polluters and regulatory agencies accountable. He has been involved in 'waters of the U.S.' litigation before the Supreme Court, Courts of Appeals, and testified before Congress on this issue.

James A. Tupper, Tupper Mack Wells PLLC, focuses on environmental law, with an emphasis on water quality, water resources, and shoreline development. He represents business associations and local governments in resolving disputes involving water quality regulation and legislation.

Theresa R. Wagner, Senior Assistant City Attorney, Environmental Protection Section, Seattle City Attorney's Office, has represented the city in environmental and municipal matters involving compliance, regulation, enforcement, and contracting, often with a clean water emphasis.

Meredith Weinberg, counsel, Perkins Coie LLP, is a trial attorney who was with the U.S. Department of Justice and currently focuses on matters under the Comprehensive Environmental Response, Compensation, and Liability Act, Clean Water Act, Safe Drinking Water Act, Resource Conservation and Recovery Act, and Washington's Model Toxics Control Act.

Dan Wrye, Water Quality Manager, Pierce Public Works and Utilities Department, manages Pierce County's NPDES Phase I Municipal Stormwater Permit compliance, watershed health monitoring and assessment functions, stormwater facilities operations and maintenance compliance, salmon recovery, and shellfish protection districts.