Law Seminars International Presents: The Fifth Annual Advanced Conference on

Natural Resource Damages
Evolving strategic, tactical and substantive issues



March 10 & 11, 2016
Arnold & Porter LLP Conference Center 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, which are often quite large, are in addition to site cleanup costs and involve numerous difficult legal and evidentiary issues.

This conference will cover the substantial legal, scientific, economic and policy questions facing government trustees, companies and others, including several cross-cutting topics that have not been addressed in prior conferences. This conference will bring 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. Some of the other important topics to be discussed at this advanced seminar include: Incorporating community input and pre-existing restoration plans into restoration planning; early NRD resolutions; allocating NRD liability at multi-party sites; the intersection of NRD liability and insurance coverage; and updates and lessons learned from important NRD cases across the country. We will explore the latest litigation insights from actual NRD trials, both from a defense and prosecution perspective. We will address novel approaches to cooperative NRD assessments as well as practical tips for successfully navigating the complex world of NRD assessment and litigation.

And we are very excited to announce a new feature to our NRD program. This year we will offer, free for seminar participants, a 2-hour "NRD 101" mini-conference on the afternoon preceding the main program. This NRD 101 course will include four experienced practitioners who will address NRD claims, NRD defenses, NRD science and NRD economics.

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

We look forward to seeing you.

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

What You Will Learn

What Attendees Said



Agenda

Thursday, March 10, 2016

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

Hilary Tompkins, Esq., Solicitor
U.S. Department of the Interior / Washington, DC

 
9:45 am

Break

 
10:00 am

Early NRD Settlements: Resolving NRD Cases Before Remedy Selection

Using Portland Harbor and other sites across the country, this panel will explore the legal and evidentiary challenges and opportunities for assessing and resolving NRD cases before remedy selection.

Margaret Lattin Bazany, Esq., Lead Counsel
Dow Chemical Company / Philadelphia, PA

Thomas C. Perry, Esq.
Marten Law PLLC / Boise, ID

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

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

 
11:15 am

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

The complexity of allocation of NRD amongst multiple PRPs: Review of several case studies, including the Lower Duwamish Waterway; recommendations of various approaches

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

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

John F. Stillmun, Esq., Assistant General Counsel
FMC Corporation / Philadelphia, PA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Special Address-Climate Change and NRD: The Next Frontier?

Various NRD theories that could apply to climate change now and in the future

Daniel M. Galpern, Esq.
Law Offices of Daniel M. Galpern / Eugene, OR

 
2:15 pm

The Deepwater Horizon Case: Lessons Learned for the Future of NRD

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

Mimi A. Drew, Florida NRDA Trustee and RESTORE Council Representative
Florida Department of Environmental Protection / Tallahassee, FL

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

 
3:15 pm

Break

 
3:30 pm

Science and the Law: Admissibility of Scientific Evidence in NRD Cases

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

Brett Marston, Esq.
Arnold & Porter LLP / Washington, DC

Peter C. Wright, Esq., Managing Counsel
The Dow Chemical Company / Saginaw, MI

 
4:30 pm

Cooperative NRD Assessments: Possible or Passe?

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

Edward McTiernan, Esq.
Arnold & Porter LLP / New York, NY

 
5:30 pm

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

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

 

Friday, March 11, 2016

8:30 am

Restoration Planning: Incorporating Communtity Input

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

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

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

 
9:45 am

Break

 
10:00 am

Insurance for NRD: Are You Covered?

Cynthia S. Betz, Esq.
McCarter & English LLP / Newark, NJ

 
10:45 am

Survey Methods and NRD: Is There Any Value to Contingent Valuation?

The continuing role played by NRD litigation planning in contingent valuation and other stated preference methods: A debate about the merits of these methods

Doug McNair, Ph.D., Moderator, Technical Director, Economics and Decision Sciences
ERM / Raleigh, NC

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

William H. Desvousges, Ph.D.
W.H. Desvousges & Associates, Inc. / Raleigh, NC

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Creating an NRD Narrative -- How to Really Bring 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

 
2:30 pm

Thinking Outside the Box: An Open Discussion about the Future of NRD

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

 
3:00 pm

Evaluations and Adjourn

 

Optional Afternoon Before NRD 101 Mini-Seminar

Come a day early for a quick but comprehensive intro to, or review of, the basics

Click here to view mini-seminar info or to register for the mini-seminar



Cost

Regular 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 less than a year, and public interest NGO's, our rate is $497.50. Tuition for the NRD 101 Session on March 9 is free for attendees of the two day conference on March 10 & 11. To attend only the NRD 101 Session on March 9, tuition is $195; group $145; government employees $130; students, etc. $97.50. 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 us for more information.

Continuing Education Credits

Live credits: This program qualifies for 12 VA CLE credits (pending). The NRD 101 Session qualifies for 2 VA CLE credits (pending). 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, NRD, 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, focuses on environmental litigation and counseling, and is the author of the Natural Resource Damages chapter in the Environmental Law Practice Guide. He is lead counsel to BP in relation to the Deepwater Horizon Spill.

Daniel M. Galpern, Special Address, Law Offices of Daniel M. Galpern, is a policy analyst focusing on the climate crisis. He co-authored an article in the Summer 2015 issue of the Environmental Law Review entitled Atmospheric Recovery Litigation: Making the Fossil Fuel Industry Pay to Restore a Viable Climate System.

Margaret Lattin Bazany, Lead Counsel, The Dow Chemical Company, focuses on environmental remediation, environmental compliance, and sustainability. She assists clients to resolve historic liabilities and clean former plant sites, and has developed expertise in large river and estuary sediment megasites and natural resource damages.

Cynthia S. Betz, McCarter & English LLP, concentrates on policyholder insurance coverage, broker malpractice actions, and environmental matters. Her environmental work includes the representation of companies involved in Superfund sites and in NRD cases.

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 NRD assessments for oil spills and contaminated sites.

William D. Brighton, Assistant Chief, Environmental Enforcement Section, U.S. Department of Justice, manages 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 NRD. He is President-Elect of the American College of Environmental Lawyers.

Thomas Byrne is Chief Environmental Counsel at Honeywell International Inc.

William H. Desvousges, Ph.D., President, W.H. Desvousges & Associates Inc., focuses on NRDA, property valuation and benefit-cost analyses of regulatory programs, including the USEPA 316(b) rule.

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

Mimi A. Drew, Florida NRDA Trustee and RESTORE Council Representative, Florida Department of Environmental Protection, is experienced in technical, supervisory, and administrative environmental issues.

Judi L. Durda, Vice President, Corporate Secretary and Principal Toxicologist, Integral Consulting Inc., is a toxicologist and ecologist experienced in risk assessment, toxicological evaluations, and forensics analysis.
Full bio and contact info for Judi L. Durda at Integral Consulting Inc.

Robert Haddad, Ph.D., Division Chief, Assessment and Restoration Division, NOAA, co-leads the 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.

Allan Kanner, founder, Kanner & Whiteley, L.L.C., focuses on complex litigation and environmental law. He represents the State of Louisiana in the Deepwater Horizon oil spill litigation, and the State of New Jersey against ExxonMobil in a natural resource damages case.
Full bio and contact info for Allan Kanner at Kanner & Whiteley, L.L.C.

Laurie Lee, Deputy Section Chief, General Counsel Office, Natural Resources Section, NOAA, provides legal advice to the Office of Response and Restoration on the determination of damages to natural resources.

Brett Marston, Arnold & Porter LLP, focuses on NRD, contaminated site remediation, oil spill liability, and litigation under the Clean Water Act and other civil penalty statutes.

Doug McNair, Moderator, Technical Director, Economics and Decision Sciences at ERM, focuses on helping clients value environmental and natural resource services in their decision- making using quanitative economic and business tools.

Edward McTiernan, partner, Arnold & Porter LLP, focuses on state and federal regulatory issues including site remediation, NRD, energy and infrastructure transactions, and environmental permitting. Previously, he was Deputy Commissioner and General Counsel at New York State Department of Environmental Conservation.

Katherine Pease, Deputy Section Chief and Senior Counselor for Natural Resources, NOAA's Office of General Counsel, works in NRDA, including the Portland Harbor CERCLA NPL site.

Thomas C. Perry, Marten Law PLLC, focuses on environmental litigation, the development of creative regulatory compliance strategies, and environmental mediation. Previously, he served in the Executive Office of the Governor of Idaho, most recently as the General Counsel and chief legal advisor to Governor C.L. Otter.

Samuel W. (Billy) Plauche, partner, Plauche & Carr LLP, focuses on natural resources, land use and environmental regulations, including wetlands or hazardous waste, NRD actions, and Clean Water Act and Clean Air Act challenges.

Lois J. Schiffer, General Counsel, NOAA, 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.

John F. Stillmun is Assistant General Counsel at FMC Corporation.

Theodore Tomasi, Ph.D., Partner, Economic & Decision Sciences, 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.

Hilary Tompkins, Solicitor, U.S. Department of the Interior, is Chief General Counsel and represents the Department in administrative and judicial litigation, negotiations and other contracts with Congress, federal agencies, states, Tribes and the public.

Julie A. Weis, partner, Haglund Kelley LLP, focuses on environmental and natural resources law and litigation. She is Chair of the Trustees on the Portland Harbor Natural Resource Trustee Council.

Peter C. Wright is Managing Counsel at The Dow Chemical Company.