Law Seminars International Presents: The Fourth Annual Advanced Conference on

Natural Resource Damages
Evolving strategic, tactical and substantive issues



March 12 & 13, 2015
Thurman Arnold Building in Washington, DC

Who Should Order This Homestudy

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 Order

Natural resource damages (NRD) claims seek restoration and compensation for natural resource injuries resulting from oil spills and releases of hazardous substances. These claims are different from cleanup and response cost claims by EPA and State environmental agencies and they implicate a different set of issues.

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. It brings together a stellar, nationally recognized faculty including high-ranking government policy-makers, 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.

This year we are very pleased to open the conference with a special roundtable discussion featuring Hilary Tompkins, Solicitor, United States Department of Interior, and Lois Schiffer, General Counsel, NOAA, who will discuss the future of NRD policy at the federal level. We are also thrilled to welcome John Cruden, Assistant Attorney General of the U.S. Department of Justice, Environment and Natural Resources Division, as our honored Keynote Speaker. Some of the new and important topics to be discussed include: Allocating NRD liability at multi-party sites; incorporating community input and pre-existing restoration plans into restoration planning; and accelerating resolution through simplified damages assessments, and updates on important NRD cases from across the country. Key questions range from such things as policy matters (from the trustee vantage point) to trial strategy (from both a defense and prosecution perspective) to professional ethics issues that arise in NRD case management. Here are practical tips for successfully navigating the complex world of NRD assessment and 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.

We hope you can join us to be a part of this important conference, and also to enjoy the participants' dinner on Thursday evening to continue the conversation and meet others in the field.

Program Co-Chairs: Ira M. Gottlieb, Esq., McCarter & English, LLP and Brian D. Israel, Esq., Arnold & Porter LLP

What You Will Learn



Agenda

Thursday, March 12, 2015

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

Federal Perspective: NRD Policy Today and Tomorrow

What are key lessons learned over the last year or so? How are federal agencies interacting and ensuring efficiency?

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

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

John Carlucci, Assistant Solicitor
U. S. Department of the Interior, Office of the Solicitor / Washington, DC

 
9:45 am

Break

 
10:00 am

NRD Litigation: Lessons from Recent Cases

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

Samuel W. (Billy) Plauche, Esq.
Plauche & Carr LLP / Seattle, WA

 
11:15 am

NRD Laboratories: Innovations from Across the Nation

Laurie Lee, Esq., Deputy Section Chief, General Counsel Office, Natural Resources Section (inv)
National Oceanic and Atmospheric Administration / Long Beach, CA

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

Amy Whitten, Esq.
The Whitten Group / Ridgeland, MS

 
12:30 pm

Lunch (on your own)

 
1:45 pm

Keynote Address

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., Assistant Attorney General
U.S. Department of Justice, Environment & Natural Resource Division / Washington, DC

 
2:30 pm

NRD Allocation: What's Joint and Several Liability Have to Do with It?

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

William D. Brighton, Esq., Assistant Chief, Environmental Enforcement Section
U.S. Department of Justice / Washington, DC

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

William J. Hengemihle, Senior Managing Director
FTI Consulting, Inc. / Wayne, PA

 
3:45 pm

Break

 
4:00 pm

NRDA Cooperation: A Continuing Conversation

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

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

 
5:00 pm

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

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

 

Friday, March 13, 2015

8:30 am

Restoration Planning: Incorporating Preexisting Plans and Communtity Input

Michael C. Donlan, Principal
Industrial Economics, Incorporated / Cambridge, MA

Judi L. Durda, Vice President, Corporate Secretary, Principal Toxicologist
Integral Consulting Inc. / Annapolis, MD

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

 
9:45 am

Break

 
10:00 am

Pre-ROD Cooperative NRD Assessment and Restoration

Update from Portland Harbor

Joan P. Snyder, Esq.
Stoel Rives LLP / Portland, OR

Katherine Pease, Esq., Deputy Section Chief and Senior Counselor for Natural Resources
National Oceanic and Atmospheric Administration / Long Beach, CA

Julie A. Weis, Esq.
Haglund Kelley LLP / Portland, OR

 
10:45 am

Simplified Damages Assessment: Is There Hope?

Miranda H. Henning, Principal
ENVIRON / Portland, ME

Theodore Tomasi, Ph.D., Partner, Economic & Decision Sciences
Environmental Resources Management / Malvern, PA

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

 
11:45 am

Lunch (on your own)

 
12:45 pm

Evidentiary Issues: What's Admissible in NRD Cases?

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

 
1:15 pm

Bringing an NRD Case to Trial

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

Allan Kanner, Esq.
Kanner & Whiteley, L.L.C. / New Orleans, LA

 
2:15 pm

Break

 
2:30 pm

Professional Ethics in NRD Litigation

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

 
3:30 pm

Evaluations and Adjourn

 


Cost

Regular tuition for attendance or live webcast 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 11.75 (incl. 1 ethics) VA CLE credits. 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

Ira M. Gottlieb, Program Co-Chair, partner, McCarter & English, LLP, lead's the Environment & Energy Practice Group and focuses on environmental and energy law, natural resource damages, insurance coverage on behalf of policyholders and commercial litigation. 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, 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.

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

Paul D. Boehm, Ph.D., Group Vice President & Principal Scientist, Exponent, Inc., is experienced in environmental forensics as applied to site and sediment investigations, environmental fate of chemicals and natural resource damage assessments for oil spills and contaminated sites.

William D. Brighton, Assistant Chief, Environmental Enforcement Section, U.S. Department of Justice, manages a group that handles civil environmental enforcement cases under statutes that include the Clean Air Act, Clean Water Act, CERCLA, RCRA and OPA.

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.

Thomas Byrne is Chief Environmental Counsel at Honeywell International Inc.

Michael C. Donlan, Principal, Economics Incorporated, Inc., is an expert in the management of multidisciplinary natural resource and economic damage assessments and focuses on the damage assessment and valuation process.

Rick Dunford, Ph.D., Founder and owner, Environmental Economics Services, LLC, specializes in the recreational impacts of oil spills and hazardous-substance releases, as well as groundwater damages from hazardous-substance releases.

Judi L. Durda, Vice President, Corporate Secretary and Principal Toxicologist, Integral Consulting Inc., is a toxicologist and ecologist experienced in risk assessment, toxicological evaluations, forensics analysis, and regulatory compliance support under federal and state programs and in related litigation.

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.

William J. Hengemihle, Senior Managing Director, FTI Consulting, Inc., provides ADR services for problems relating to pollution liability and damages allocation for environmental cleanup and restoration actions.

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.

Allan Kanner, founder, Kanner & Whiteley, L.L.C., focuses on environmental law and represents states and tribes in NRD matters. He is Trial Counsel for the State of Louisiana in the BP Oil Spill MDL, and for the State of New Jersey in the leading case of DEP v. ExxonMobil.

Laurie Lee, Deputy Section Chief, General Counsel Office, Natural Resources Section at National Oceanic and Atmospheric Administration, provides legal advice to the Office of Response and Restoration on the determination of damages to natural resources and the completion of restoration to compensate the public for such losses.

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, Deputy Commissioner and General Counsel, New York State Department of Environmental Conservation, coordinates activities and enforcement programs with state and federal agencies and is extensively involved in New York's Brownfield Program as well as policies governing remediation, audits and self-disclosure.

Katherine Pease is Deputy Section Chief and Senior Counselor for Natural Resources at the National Oceanic and Atmospheric Administration's Office of General Counsel. She works in the area of natural resource damage assessment, including the Portland Harbor (Oregon) CERCLA NPL site on the Willamette River involving 100+ potentially responsible parties.

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.

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.

Joan P. Snyder, partner, Stoel Rives LLP, and member of the Executive Committee, focuses on natural resources law, environmental and natural resources insurance coverage, and advises clients on state and federal cleanups, including the defense of NRD claims.

Theodore Tomasi, Ph.D., Partner, Economic & Decision Sciences at Environmental Resources Management, 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.

Kevin J. Vaughan, Counsel, Environmental & Safety, Exxon Mobil Corporation, works in the Environmental and Safety Section of the Law Department.

Julie A. Weis, partner, Haglund Kelley LLP, focuses on environmental and natural resources law and litigation. She represents the Confederated Tribes of Siletz Indians, one of the Trustees on the Portland Harbor Natural Resource Trustee Council of which she is Chair.

Amy Whitten, The Whitten Group, is a member of Mississippi's legal team addressing the state's losses after the Deep Water Horizon oil spill and is an alternate Trustee for the State of Mississippi on the Deep Water Horizon Trustee Council and the RESTORE Council.

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