Law Seminars International Presents

An Important Two-Day Conference on

Clean Water and Stormwater

Legislation, permitting compliance, recent developments

March 21 & 22, 2005
Renaissance Seattle Hotel in Seattle, WA
Order      Download PDF Brochure

Who Should Order Homestudy

Lawyers, real estate professionals, government and tribal officials, planners, consultants and engineers

Why Order

Congress enacted the Clean Water Act more than 30 years ago, yet the Act remains a work in progress. In 2003, the Washington Department of Ecology adopted revised water quality standards. Those standards are still under review by the Environmental Protection Agency and agencies enforcing the Endangered Species Act. Ecology also has issued a new general stormwater permit for industrial activities and is now poised to issue additional general permits for municipalities and construction sites. The intersection of water quality and water quantity continues to be a significant concern in land use, natural resource management and environmental law. These and other evolving Clean Water Act developments affect businesses, governments, and the public as well as the environment. We have assembled representatives of state, federal and local governments, consultants, and practitioners to provide practical suggestions and insights on a wide range of timely and important Clean Water Act issues. ~ Program Co-Chairs: Michael P. O'Connell, Esq. and James A. Tupper, Jr., Esq.

What You Will Learn

- What's New in 401 Certificates - AKART - Water Quality Standards - Stormwater Management Manuals and Compliance Strategies - Ethics and Water Quality Permitting - Citizen Suits - Wetland Regulation - Recent Developments in Case Law and PCHB Decisions - Whole Effluent Toxicity Rule - Natural Resource Damages - National Historic Preservation Act Compliance and Section 404 Permits - The Modified Industrial Stormwater General Permit - New Legislative Initiatives

Agenda

Monday, March 21, 2005
8:00 am Registsration & Continental Breakfast
8:30 am Introduction & Overview
  Michael P. O'Connell, Esq.
 Stoel Rives LLP / Seattle, WA
  James A. Tupper, Jr., Esq.
 Mentor Law Group / Seattle, WA
8:45 am Water Quality Standards
  How did EPA develop its regional temperature guidance and how will the state apply the guidance to water quality standards?
  John Palmer, Senior Policy Advisor
 Environmental Protection Agency / Seattle, WA
  What is the status of Ecology's July 1, 2003 Water Quality Standards?
  Mark Hicks, Senior Analyst
 Washington State Department of Ecology / Olympia, WA
  The role of Tribal governments in the development, implementation and enforcement of Tribal water quality standards to protect the quality of the reservation environment.
  Richard A. DuBey, Esq.
 Short Cressman & Burgess PLLC / Seattle, WA
10:15 am Break
10:30 am Instream flow negotiations from a tribal perspective; Skagit ,Stillaquamish
  David Hawkins, Esq., Tribal Attorney
 Upper Skagit Tribe / Sedro Wooley, WA
11:00 am What's New in 401 Certifications
  Recent PCHB decisions regarding dams; litigation regarding the Port of Seattle's third runway; reasonable assurance; fish and wildlife mitigation; compliance with water quality standards; including UAAs and site specific standards; outcome-based solutions
  Laurie K. Beale, Esq.
 Stoel Rives LLP / Seattle, WA
  Craig Gannett, Esq.
 Davis Wright Tremaine LLP / Seattle, WA
12:30 pm Lunch (on your own)
1:30 pm Municipal and General Construction Stormwater Permits: What works, what doesn't?
  Tension between municipalities and the construction industry; DOE on hold with general permit, waiting for appeal on Industrial Permits; EPA Construction General Permit and UIC requirements
  Bill Moore, P.E., Supervisor
 Department of Ecology, Water Quality Program / Olympia, WA
2:15 pm The Modified Industrial Stormwater General Permit
  What has been changed and added to the ISGP after litigation and legislation? The status of compliance standards, mixing zones, compliance schedules and the new adaptive management provisions
  James A. Tupper, Jr., Esq., Program Co-Chair
 Mentor Law Group / Seattle, WA
3:00 pm Break
3:15 pm Stormwater Management Manuals and Compliance Strategies
  The current status of the Western and Eastern Stormwater Management Manuals
  Nathan Graves, Vice President & Principal Environmental Scientist
 Kennedy/Jenks Consultants / Portland, Or
4:30 pm Citizen Suits
  Kim Maree Johannessen, Esq.
 Johannessen & Associates, PS / Seattle, WA
5:15 pm Adjourn

Tuesday, March 22, 2005
8:30 am Introduction to Day Two
  Michael P. O'Connell, Esq., Program Co-Chair
 Stoel Rives LLP / Seattle, WA
  James A. Tupper, Jr., Esq., Program Co-Chair
 Mentor Law Group, PLLC / Seattle, WA
8:45 am Keynote Address: Insight into Ecology's Direction Under a New Administration
  David Peeler, Esq., Manager Water Quality Program
 WA State Department of Ecology / Olympia, WA
9:30 am New Legislative Initiatives
  What new legislation is proposed to manage water this year? Where are last year's proposals?
  Gary W. Wilburn, Esq., Senior Counsel
 Washington State Senate / Olympia, WA
10:15 am Break
10:30 am What is AKART and how is it applied in permit development?
  Gary C. Bailey, Environmental Scientist
 Washington State Department of Ecology / Olympia, WA
11:15 am Whole Effluent Toxicity Rule
  Status and impact on water quality permitting
  Randall Marshall, Water Quality Program
 Washington State Deparatment of Ecology / Olympia, WA
12:00 pm Lunch (on your own)
1:15 pm National Historic Preservation Act Compliance and Section 404 Permits
  Michael P. O'Connell, Esq.
 Stoel Rives LLP / Seattle, WA
1:45 pm Wetland Regulation
  Department of Ecology's new guidance for critical area ordinances; the relationship to water quality
  Andrew C. Kindig, Ph.D., Principal Biologist
 A.C. Kindig & Co. / Bellevue, WA
  Harry Reinert, Esq.
 King Co. Dept. of Development and Environmental Services / Renton, WA
2:45 pm Break
3:00 pm Recent Developments in Case Law and PCHB Decisions
  Michael P. O'Connell, Esq., Program Co-chair
 Stoel Rives LLP / Seattle, WA
  Ronald L. Lavigne, Esq., Assistant Attorney General
 Washington State Department of Ecology / Olympia, WA
4:00 pm Natural Resource Damages
  Brad Marten, Esq.
 Marten Law Group / Seattle, WA
4:30 pm Ethics and Water Quality Permitting
  Dealing with public agencies in the course of litigation; as an attorney representing a party; contact with agency staff; public disclosure requests; returning work product
  Peter R. Jarvis, Esq.
 Hinshaw & Culberton / Portland, OR
5:30 pm Adourn

Cancellation

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

Continuing Education Credits

Law Seminars International automatically obtains CLE credit approval for the state in which a seminar is held. On request, we will apply for CLE credits in other states and other types of credits. Current credits status: WA CLE 14 inc 1 ethics (#136674) | WA AICP Hours 13.75 | WA APP Hours 16 (#A1244) | WA RE Hours 17 (#C4434)

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $705. The course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (which ever is later).
Order Homestudy

Faculty Bios

Michael P. O’Connell, Program Co-Chair, is a partner in the Seattle office of Stoel Rives, LLP. His practice focuses on siting large projects on and near Indian reservations and business transactions with Indian tribes.

James A. Tupper, Jr., Program Co-Chair, is a partner with The Mentor Law Group PLLC where he applies eighteen years experience representing clients on complex land use and environmental permitting matters involving shoreline development, water quality certifications, NPDES permits and stormwater regulation.

David Peeler is Manager of the Washington State Department of Ecology’s Water Quality Program, which works to monitor and control pollution from industrial and municipal discharges, forestry, agriculture, stormwater and other sources.

Gary B. Bailey is an Environmental Scientist with the Washington State Department of Ecology. He as served with the DOE since 1983 in a variety of roles including Water Quality Inspector, Permit Writer and author of the DOE’s Permit Writers Manual.

Laurie K. Beale, of Stoel Rives, LLP, specializes in state and federal environmental litigation and appellate law, with an emphasis on matters relating to the Administrative Procedure Act, the Clean Water Act, the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act, NEPA and state environmental laws.

Richard A. DuBey, a partner with Short Cressman & Burgess PLLC, chairs the firm’s Environmental and Natural Resources Section where he counsels private and public sector clients in regulatory program development and compliance, environmental risk management, hazardous substance cleanup, natural resource damages, Brownfield program development and enforcement, and Tribal economic development.

Craig Gannett, a partner in the Seattle office of Davis Wright Tremaine LLP, practices energy and natural resources law. Among other things, he focuses on obtaining state certifications under section 401 of the Clean Water Act.

Nathan Graves is a Vice-President and Principal Environmental Scientist with Kennedy/Jenks Consultants. He primarily works in the areas of water quality, environmental compliance and site cleanup, providing strategic management of projects and serving as an expert during legal proceedings.

David Hawkins is Tribal Attorney for the Upper Skagit Indian Tribe. His representation includes negotiation of Tribal water rights addressing both instream and out of stream concerns, FERC relicensing, and economic development.

Mark Hicks is a Senior Analyst with Washington State Department of Ecology where he acts as coordinator for the state’s surface water quality standards.

Peter R. Jarvis is the partner-in-charge of Hinshaw & Culbertson LLP’s Portland office. He has been a board member of the Association of Professional Responsibility Lawyers since 1999, and is its current President. He chairs the National Conference Planning Committee of the American Bar Association’s Center for Professional Responsibility and is a member of the Center for Professional Responsibility’s Coordinating Council.

Kim Maree Johannessen is founder of Johannessen & Associates, PS. Her experience includes regulatory compliance, permit appeals, defense of citizen suits and enforcement actions.

Andrew C. Kindig, a Principal Biologist with A. C. Kindig & Co., has participated in projects involving extensive assessments of water quality, stormwater biotreatment, NPDES application studies, FERC licensing, NEPA and SEPA compliance, water rights transfers, and natural resource damage assessments.

Ronald L. Lavigne is an Assistant Attorney General for the Washington State Department of Ecology and has represented Ecology’s water quality program since 1990.

Randall Marshall is the whole effluent toxicity (WET) coordinator for Washington State Department of Ecology’s Water Quality Program. He wrote Washington State’s regulation (chapter 173-205 WAC) providing the system for assessing and setting limits on wastewater discharge toxicity.

Brad Marten is the founder and managing partner of Marten Law Group PLLC and has practiced environmental law in Seattle for over 20 years. During that time, he has been recognized by Seattle Magazine as one of the best lawyers in Seattle. He has also been listed in The Best Lawyers in America and in numerous other publications for his success in environmental law.

Bill Moore is Supervisor of the Stormwater Unit at the Washington State Department of Ecology which is responsible for the development of the Department’s Phase I and Phase II municipal stormwater permits, industrial and construction stormwater general permits, and Stormwater Technical Manuals for Eastern and Western Washington.

John Palmer is Senior Policy Advisor for the Clean Water Act-Endangered Species Act issues for EPA Region 10. He has been with the agency for 19 years in several different positions and programs.

Henry Reinert works on ESA, environmental and legislative issues for the King County Department of Development and Environmental Services. He has been actively involved in developing the King County and Tri-County response to the recent 4(d) rule adopted by the National Marine Fisheries Service, and is helping develop revisions to King County’s critical areas regulations and shoreline master programs

Gary W. Wilburn is Senior Counsel to the Washington State Senate Democratic Caucus. He previously served in the state senate staff as Senior Counsel and Supervisor of Senate committees on natural resources and environmental quality topics. He has practiced law in Seattle and Tacoma, and served as a trial attorney in the Lands and Natural Resources Division of the U.S. Justice Department.