Law Seminars International Presents: A Comprehensive Two-Day Technical Conference on

Proving Groundwater Contamination Claims
Regulatory, legal, technical and practical strategies



September 14 & 15, 2015
Courtyard Marriott / Pioneer Square in Seattle, WA

Who Should Order This Homestudy

Attorneys, real estate and environmental professionals, agricultural water users, agency and Tribal representatives and anyone else involved in water issues in Washington

Why You Should Order

Groundwater contamination often proves to be one of the most problematic environmental challenges faced by regulatory agencies, landowners, developers, and parties responsible for that contamination. This first-of-its kind timely two day seminar pulls together an excellent faculty of regulators, scientists, consultants, lawyers and developers to provide comprehensive information on emerging and persistent challenges related to groundwater contamination.

Over the course of two days, this seminar will cover emerging topics that environmental practitioners need to understand from the scientific principles governing how groundwater becomes contaminated and how that contamination moves through the ground, to what Washington's Department of Ecology views as emerging or priority issues. You will hear how to allocate liability in transactions, and how to generate funds that can be used to resolve client liability. Here is expert and practical advice to improve your overall understanding of current groundwater issues. We hope to see you there.

~ Ryan Bixby, and Douglas J. Steding, Ph.D., Esq., Program Co-Chairs

What You Will Learn



Agenda

Monday, September 14, 2015

8:00 am

Registration Opens

 
8:30 am

Introduction & Overview

Ryan Bixby, President/CEO
SoundEarth Strategies, Inc. / Seattle, WA

Douglas J. Steding, Ph.D., Esq., Program Co-Chair
Miller Nash Graham & Dunn LLP / Seattle, WA

 
8:45 am

Emerging Issues in Groundwater Contamination and Quality

The most problematic areas in the Washington: What we know, highlights of specific research projects and options to address the problem.

Josh E. Baldi, Regional Director, Northwest Office
Department of Ecology / Olympia, WA

Excess nutrients from agricultural operations in Eastern Washington

Eric Weber, LHG, CWRE, Principal Hydrogeologist, Water Res & Litigation Support Services Leader
Landau Associates, Inc. / Edmonds, WA

 
9:45 am

National Legal Trends: Model and Presumptive Remedies for Groundwater Contamination

What other jurisdictions (e.g. California and federal) are doing to streamline remedy selection, implementation, and site closure at contaminated groundwater sites

Douglas J. Steding, Ph.D., Esq., Program Co-Chair
Miller Nash Graham & Dunn LLP / Seattle, WA

 
10:15 am

Break

 
10:30 am

Groundwater Litigation 101 for Attorneys

Assessment, movement, the importance of distinguishing between light and dense non-aqueous phase liquid (NAPLs) contaminants; advising clients about investigative measures and preventative measures

Loren R. Dunn, Esq., Principal
Riddell Williams PS / Seattle, WA

 
11:00 am

Addressing the Groundwater to Surface Water Pathway

Regulatory background and legal issues

Thomas A. Newlon, Esq.
Stoel Rives LLP / Seattle, WA

Addressing the pathway at marine shoreline sites

Lawrence D. Beard, PE, LHG, Principal Engineer, Project Quality Director
Landau Associates, Inc. / Edmonds, WA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Insurance as a Source of Funding and Risk Management Option

Accessing legacy insurance that may provide coverage for groundwater contamination; working through the technical and legal issues from carrier and purchaser perspectives; creative insurance options for purchasers of contaminated property

Diane M. Meyers, Esq.
Miller Nash Graham & Dunn LLP / Seattle, WA

Brian Hearst, Regional Project Insurance Leader, West
Willis of Seattle, Inc. / Seattle, WA

Daniel Jacobs, President and CEO
Frontier Environmental Management / Denver, CO

 
2:45 pm

Break

 
3:00 pm

Contaminated Groundwater in Real Estate Transactions: Tools for Buyers and Sellers

Tips for conducting cost-effective environmental due diligence for both actual and potential contamination including historical use of hazardous substances at or near the site

Ryan Bixby, Program Co-Chair, Moderator
SoundEarth Strategies, Inc. / Seattle, WA

CERCLA protections and how to maintain them; role of Prospective Purchaser Agreements (PPA's)

Sara Kelly, Esq.
Summit Law Group PLLC / Seattle, WA

Acceptable risk levels, conditions and remediation plans, vs. deal killers, from the lender's point of view

David J. Ubaldi, Esq.
Davis Wright Tremaine LLP / Bellevue, WA

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Graham & Dunn PC and SoundEarth Strategies Inc.

 

Tuesday, September 15, 2015

8:30 am

Thinking Outside the Box in Selecting a Cleanup Approach: Emerging Technologies and Underutilized Tried and True Ones

Technological update on what's new, or newly appreciated, in the science

David Fleming, Vice President of Marketing and Sales
TRS Group, Inc. / Longview, WA

The challenge of replacing 80's era gas station infrastructure improvements that are nearing the end of their useful lives

Cassandra Garcia, Ph.D., Legislative and Policy Analyst
Washington State Pollution Liability Insurance Agency / Olympia, WA

Cost effective compliance: How understanding the technologies is essential for representing your client

James Peale, RG, LHG
Maul Foster & Alongi, Inc. / Vancouver, WA

 
10:00 am

Break

 
10:15 am

Redeveloping Contaminated Property: Managing the Challenges of Assessment and Cleanup

Market update: How a recovering market coupled with an emphasis on in-fill development is renewing interest in developing contaminated properties

Scott E. Shapiro, Managing Director
Eagle Rock Ventures LLC / Seattle, WA

Joseph Ferguson, Principal
Lake Union Partners / Seattle, WA

Technical and legal considerations for preparing a good redevelopment plan

John J. Houlihan, Jr., Esq.
Houlihan Law / Seattle, WA

John Funderburk, Principal
SoundEarth Strategies, Inc. / Seattle, WA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Interplay with Ecology and EPA for Achieving Compliance and Resolving Liability Issues

Getting your ducks in order: Tips for moving beyond your due diligence research on the chain of title and nature of past operations in and near the site and building forward-looking documentation to support favorable agency action

Matthew J. Stock, Esq.
Joyce Ziker Parkinson PLLC / Seattle, WA

Ecology's procedures and tips for most effectively working with the agency

Robert Warren, Section Manager, Toxic Cleanup Program
Department of Ecology / Bellevue, WA

Ecology's voluntary cleanup program: The pros & cons of taking that option

J. Riley Conkin, Principal Geologist & Partner
Farallon Consulting LLC / Issaquah, WA

 
2:45 pm

Break

 
3:00 pm

Practice Tips for Litigators: Asserting and Defending Against Groundwater Contamination Claims

A mock mediation of a groundwater contamination case involving conflicting expert witness reports, potential third party liability, and possible (but not certain) insurance coverage

Thomas M. Kilbane, Jr., Esq., Moderator
Thomas M Kilbane Attorney at Law PLLC / Bainbridge Is, WA

Plaintiff

Julie S. Nicoll, Esq.
Element Law PLLC / Seattle, WA

Defendant

Scott D. Johnson, Esq.
Scott Johnson Law PLLC / Seattle, WA

 
4:30 pm

Evaluations and Adjourn

 


Cost

Tuition for in-person or webcast attendance 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, people in their job for less than a year, and public interest NGO's, 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.

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

Continuing Education Credits

Live credits: This program qualifies for 12.75 WA CLE credits. Upon request, we will apply for, or help you apply for, 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

Ryan K. Bixby, LG, Program Co-Chair, President/CEO, SoundEarth Strategies, Inc., focuses on commercial, industrial, and residential properties to evaluate the potential environmental risks as part of the environmental due diligence process, ensuring that the most cost-effective remedial technologies are implemented.

Douglas J. Steding, Program Co-Chair, partner, Miller Nash Graham & Dunn LLP, focuses on environmental law and litigation, representing landowners, real estate developers, construction companies, industrial facilities and businesses on issues related to hazardous waste, contaminated land, and regulatory compliance.
Full bio and contact info for Douglas J. Steding at Miller Nash Graham & Dunn LLP

Thomas M. Kilbane, Jr., principal, Thomas M. Kilbane Attorney at Law PLLC, represents businesses involved in federal Superfund and state cleanup sites, contaminated property transactions, environmental permitting and enforcement actions, insurance coverage claims, and related litigation/alternative dispute resolution.

Josh E. Baldi, Regional Director for the Northwest Office of the Washington State Department of Ecology, represents the director and oversees the operations of two Ecology offices covering seven counties. Previously, he was lead advisor for the agency on Puget Sound recovery and wetland mitigation reform.

Lawrence D. Beard, PE, LHG, Project Quality Director, Landau Associates Inc. is experienced in assisting industrial, public port, and law firm clients in addressing contaminated properties throughout the northwest.
Full bio and contact info for Lawrence D. Beard at Landau Associates, Inc.

J. Riley Conkin, Principal Geologist & Partner, Farallon Consulting LLC has experience in contaminant hydrogeology and cleanup including contamination in soil and groundwater, implementation and management of cleanup actions.

Loren R. Dunn, Chair of the Riddell Williams Environmental and Natural Resources Group, practices in the environmental law and litigation fields, and represents regional and national companies at locations throughout the country.

Joseph Ferguson, Principal, Lake Union Partners, focuses on acquisition and capital development efforts, creating effective real estate investment opportunities.

David Fleming, Vice President of Marketing and Sales, TRS Group, Inc. has worked in the Environmental Health, Consulting, and Remediation fields for 30 years. He is responsible for developing and executing the company's marketing and sales strategies.

John R. Funderburk, MSPH, Principal Scientist & Vice President, SoundEarth Strategies, Inc., specializes in redevelopment of contaminated properties throughout the environmental due diligence and investigation process, remedial design, construction, and cleanup implementation.

Cassandra Garcia, Ph.D., Legislative and Policy Analyst and Heating Oil Insurance Program Lead, Washington State Pollution Liability Insurance Agency, focuses on agency legislative priorities, stakeholder engagement, and agency communications.

Brian Hearst, Regional Construction Project Insurance Leader, West, Willis of Seattle, Inc., identifies and assists clients with development and placement of project insurance opportunities, conducting wrap-up feasibility analysis and project contract reviews.

John J. Houlihan, Jr., shareholder, Houlihan Law, focuses his practice on environmental, insurance coverage and general commercial litigation. He currently represents multiple parties in the Portland Harbor Superfund Site in Oregon and the Lower Duwamish Superfund Site in Seattle.

Daniel Jacobs, President and CEO, Frontier Environmental Management is an expert in environmental liability management and site closure.

Scott D. Johnson, Scott Johnson Law PLLC, focuses his practice on the purchase, development and clean up of contaminated property. He also works with clients to comply with other environmental and land use laws.

Sara Kelly, attorney, Summit Law Group PLLC, represents public and private sector clients in trial and appellate litigation, as well as administrative proceedings. She counsels clients on commercial litigation, breach of contract, employment law, and environmental law. She also represents clients in proceedings before state regulatory agencies, including the Washington Utilities and Transportation Commission.

Diane M. Meyers, shareholder, Miller Nash Graham & Dunn LLP, focuses on insurance coverage, environmental and natural resources matters, and handles environmental litigation and claims involving hazardous site cleanups, cost recovery, and natural resource damages.
Full bio and contact info for Diane M. Meyers at Miller Nash Graham & Dunn LLP

Thomas A. Newlon, partner, Stoel Rives LLP, focuses on issues related to contaminated sediments, aquatic cleanup and the acquisition and redevelopment of brownfields properties. He is experienced in the administrative processes of federal and state cleanup programs.
Full bio and contact info for Thomas A. Newlon at Stoel Rives LLP

Julie S. Nicoll, shareholder, Element Law PLLC, focuses on environmental claims of all types, from prosecuting/defending claims in federal and state courts, to negotiating consent decrees and administrative orders for cleanup and property redevelopment with federal and state agencies, and advises clients on obtaining insurance coverage.

James Peale, RG, LHG, Principal Hydrogeologist, Maul Foster & Alongi, Inc., has technical expertise in investigation, assessment, remediation, and closure of impacted sites; contaminant fate and transport and groundwater modeling; statistical analysis of soil and groundwater data; and forensic evaluation.

Scott E. Shapiro is a Managing Director of Eagle Rock Ventures LLC, a real estate investment and development firm that focuses on value-added opportunities in the western United States and particularly the Puget Sound region.

Matthew J. Stock, partner,Joyce Ziker Parkinson PLLC, focuses on environmental law and complex litigation including regulatory compliance, due diligence, cleanup and cost-recovery.

David J. Ubaldi, partner, Davis Wright Tremaine LLP, focuses on environmental insurance coverage disputes, cost recovery, contribution claims, and storm water permitting.
Full bio and contact info for David J. Ubaldi at Davis Wright Tremaine LLP

Robert Warren is the Section Manager, Toxic Cleanup Program of the Department of Ecology

Eric Weber, L.Hg., CWRE, Principal Hydrogeologist, Water Resources and Litigation Support Services Leader, Landau Associates, Inc., has expertise in groundwater flow, water quality modeling, water resource assessment, environmental statistics, and regulatory compliance.
Full bio and contact info for Eric Weber at Landau Associates, Inc.