Law Seminars International Presents: A Comprehensive One-Day Seminar on

Tribal Natural Resource Damage Assessment (NRDA)
Best strategies and tactics to handle Tribal, complex NRD assessments and restoration

December 4, 2015
Renaissance Seattle Hotel in Seattle, WA
Anyplace you may be via webcast!

Webcast Info

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Who Should Attend

Tribal, in-house and private attorneys, consultants, corporate managers, governmental representatives, and others who are involved in Tribal natural resource damage assessment

Why You Should Attend

NRD assessment and restoration is one of the most fascinating, and still underdeveloped, areas of environmental law. The legal and technical issues are complex, and the time investment and costs of assessment and restoration can be enormous. Although Indian Tribes are on equal footing with state and federal natural resource trustees under CERCLA, Tribal trustees may lack the funding, experience, and expertise necessary for full participation in NRD assessment and restoration. As case law defining NRD claims and defenses continues to develop, trustees and responsible parties continue to experiment with new approaches to both prosecuting and defending NRD claims, cooperating in assessment and restoration, and funding trustee participation in the NRD assessment and restoration process.

This conference is the first to focus exclusively on Tribal trustees, offering the latest thinking in NRD law and science, providing answers to key questions including: How are NRD injuries measured and monetized, and how are Tribal NRD claims unique? How can Tribal trustees work effectively with state and federal trustees? How can trustees work cooperatively with responsible parties to obtain early and effective restoration of injured natural resources? What mechanisms are available to fund Tribal trustee participation in the process? What are the primary impediments to effective Tribal trustee participation?

These and other questions will be discussed at this advanced conference. Participate in our discussions, interact with our faculty (in questions after each presentation and at breaks)--and enjoy the truly extraordinary city that is Seattle..

~ Jack Bell, and Connie Sue M. Martin, Esq., Program Co-Chairs

What You Will Learn

What Attendees Have Said About Similar Programs


Friday, December 04, 2015

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Connie Sue M. Martin, Esq., Program Co-Chair
Schwabe Williamson & Wyatt / Seattle, WA

Jack Bell, Program Co-Chair, NRDA Coordinator
Nez Perce Tribe / Lapwai, ID

8:45 am

Tribes as Trustees with Standing to Pursue Natural Resource Damage Claims

Identifying the resources over which your specific Tribe has jurisdiction: Tips for treaty Tribes, where it depends on the treaty rights, and for non-treaty tribes, where the analysis has to start with the Tribe's resource base

Connie Sue M. Martin, Esq., Program Co-Chair
Schwabe Williamson & Wyatt / Seattle, WA

9:30 am

Funding as a Necessary Starting Point for Doing NRD Assessments

Insurance Coverage Issues for Sites Operated by Private Sector Entities; implications of trial court decision in Century Indemnity Company v. The Marine Group LLC: What are the work arounds?

Hong N. Huynh, Esq.
Miller Nash Graham & Dunn LLP / Portland, OR

10:00 am


10:15 am

Ongoing Assessment vs. Recovery Oversight: Setting Up Your Assessment Program to Optimally Characterize Costs

Federal government funding for assessment costs vs. oversight and other resource recovery costs: Yakama Nation v. United States on recovery of oversight costs; tips for maximizing funding

Thomas A. Zeilman, Esq.
Law Offices of Thomas Zeilman / Yakima, WA

10:45 am

Quantifying Natural Resource Damages: The Science Behind the Assessment

Quantifying damage to cultural or religious resources: Study design; direct impacts vs. indirect impacts; addressing the inability to restore things completely lost; other issues

Paul J. Dayton, Esq., Moderator
Short Cressman & Burgess PLLC / Seattle, WA

Diana R. Bob, Esq.
Stoel Rives LLP / Seattle, WA

Alexander M Nazarali, Scientist 2
Confederated Tribes of the Umatilla Indian Reservation / Pendleton, OR

12:15 pm

Lunch (on your own)

1:30 pm

Special Issues for Tribes Participating in NRD Proceedings for Sites Operated by the Federal Government

DOJ perspective on how the trustee relationship changes when a federal agency is a potentially responsible party (PRP)

Michael Zevenbergen, Esq.
U.S. Department of Justice / Seattle, WA

Lessons from the trenches for how Tribes can adapt their strategies when a federal agency is a PRP

Brian J. Cleary, Esq.
The Cleary Law Group PC / Hayden, ID

2:45 pm

Insights into Private Sector Potentially Responsible Party's Thinking

How an understanding of a responsible party's perspective, motivation, and limitations may aid a Tribal trustee in forging a productive working relationship

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

3:30 pm


3:45 pm

Collaborative Process Issues for Tribes

Getting your internal ducks in a row

Jack Bell, Program Co-Chair
Nez Perce Tribe / Lapwai, ID

Working with other (federal, state, and Tribal) trustees

Tim Kent, Environmental Director
Quapaw Tribe of Oklahoma / Quapaw, OK

5:00 pm

Evaluations and Adjourn


Time Shift Your Content

Order Homestudy


Regular tuition for in person or webcast attendance for this program is $595 with a group rate of $445 each for two or more registrants from the same firm. For Tribal members and government employees, we offer a special rate of $395. For students, people in their job for less than a year, and public interest NGO's, our rate is $297.50. 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 6.5 WA CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.


The seminar will be held at the Renaissance Seattle Hotel at 515 Madison St. in Seattle, WA 98104. Call the hotel directly at (206) 583-0300 for reservations at the special negotiated rate of $189 and mention promo code LW3, or that you are attending a Law Seminars International seminar. Rooms are on a first come, first served basis.
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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, November 27, 2015. After that time, we will credit your tuition toward attendance at another program or the purchase of a webcast or audio replay.

Faculty Bios

Jack Bell , Program Co-Chair, is the Natural Resource Damage Assessment Coordinator for the Nez Perce Tribe. Previously, he worked with a natural resource consulting firm and with the Tribe as a wildlife biologist and Land Services Director.

Connie Sue M. Martin, Program Co-Chair, shareholder, Schwabe Williamson & Wyatt, focuses her practice on environmental and natural resource litigation. She has special expertise in matters involving Indian Tribes including natural resource damages claims.

Paul J. Dayton, Moderator, Short Cressman & Burgess PLLC, focuses his practice on representing his clients in business disputes in a wide range of challenging and, in some instances, precedent setting cases.

Diana R. Bob, Esq., Of Counsel, Stoel Rives LLP, advises clients on natural resources, environmental, water rights and Indian law matters as well as matters concerning Alaska Native Corporations and Tribes. She was previously an attorney for the Lummi Nation.

Brian J. Cleary, The Cleary Law Group PC, focuses on complex litigation including appellate experience involving natural resource damages, water rights, water quality regulations, ownership of submerged lands, taxation, hydropower licensing and land use.

Loren R. Dunn, Riddell Williams PS, is Chair of the Environmental and Natural Resources Group. He represents regional and national companies involved hazardous waste and large multi-party toxics cleanup sites, including marine and fresh water sediment sites, landfills, and natural resource damages claims.

Hong N. Huynh, Miller Nash Graham & Dunn LLP, co-chairs the firm's Green Team. Before joining the firm, an attorney-adviser at the Office of the Solicitor, U.S. Department of the Interior, where she advised federal agency clients on water, energy, and other natural resources issues. She currently represents business corporations, public entities Native American tribes on natural resource issues including Environmental Insurance Recovery Litigation.

Tim Kent, Environmental Director, Quapaw Tribe of Oklahoma, manages the department responsible for protecting human health, the environment, and the cultural heritage of the Quapaw people through applying scientific methods in understanding impacts to our natural world.

Alexander M Nazarali, Scientist 2, Confederated Tribes of the Umatilla Indian Reservation is the Tribe's primary representative to the Hanford Natural Resource Trustee Council. He previously worked at the Hanford site as the principal risk assessor for the Hanford Remedial Action EIS.

Thomas A Zeilman, Law Offices of Thomas Zeilman, is a Native Peoples law attorney in Yakima, WA.

Michael Zevenbergen is a Trial Attorney in the Environmental Enforcement Section, in the Environmental and Natural Resources Division, U.S. Department of Justice.