Law Seminars International Presents

An Important Two-Day Annual Conference on

Clean Water and Stormwater

New legislation and recent developments

March 19 & 20, 2007
Renaissance Seattle Hotel in Seattle, WA
Register      Download PDF Brochure

Who Should Attend

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

Why Attend

Congress enacted the Clean Water Act more than 30 years ago, yet the Act remains a work in progress. Stormwater issues continue to occupy a major role in Clean Water Act implementation in Washington. The Partnership for Puget Sound focuses on stormwater management and other elements of a broader strategy to restore the health of the Sound. Questions regarding the jurisdictional scope of the Clean Water Act continue to evolve. This evolution impacts whether a permit is required for a particular discharge under the Act, and building the record to support permit decisions and water quality certifications for federal permits and licenses. These and other 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

~ The Puget Sound Partnership's plan to restore Puget Sound by 2020 ~ What adjustments are necessary to achieve the goals to restore Puget Sound ~ Implications for salmon health and storm water permitting from metal runoff ~ Updates on the EPA's Stormwater Monitoring Report ~ The pros and cons of doing municipal stormwater permits on a watershed basis ~ Industrial, boatyard & construction permit updates ~ U.S. Army Corp of Engineers update on nationwide permits ~ 404/401 permits - water issues litigated in the Third Runway Project ~ Post Rapanos guidance on intermittent and ephemeral waters ~ Litigation update ~ Pesticides ~ A comprehensive look at enforcement ~ Tribal water quality regulation

What Attendees Have Said About Similar Programs

In previous years people from the following firms/organizations have attended: Davis Wright Tremaine, McCullough Hill PS, Foster Pepper PLLC, Environmental Hearings Office, Port of Seattle, WA State Dept. of Ecology, Boeing

Agenda

Monday, March 19, 2007

8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  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 The Puget Sound Partnership and Water Initiative
  The Puget Sound Partnership has advanced a plan to restore Puget Sound by 2020. How do we define the health of Puget Sound? What will it take to preserve, cleanup and restore Puget Sound?
  Josh Baldi, Special Assistant to the Director
Washington State Department of Ecology / Olympia, WA
  Kathy Fletcher, Executive Director
People For Puget Sound / Seattle, WA
  Samuel L. Anderson, Esq., Executive Officer
Master Builders Association of King & Snohomish Counties / Bellevue, WA
9:45 am Managing Stormwater to Meet the Goals of the Puget Sound Partnership
  Are our current programs to manage stormwater adequate to restore Puget Sound? What adjustments to stormwater management will be necessary to achieve the 2020 goals of the Puget Sound Partnership?
  Derek B. Booth, Ph.D. PG, PE, Senior Geologist
Stillwater Sciences / Seattle, WA
10:30 am Break
10:45 am Metals in Runoff: Implications for Salmon Health and Stormwater Permitting
  Overview
  Nathaniel L. Scholz, Ph.D., Ecotoxicology Program Manager
NOAA Northwest Fisheries Science Center / Seattle, WA
  Panel Discussion
  Barry Kellems, P.E., Moderator, Senior Engineer
BBL, Inc. / Seattle, WA
  Tracy K. Collier, Ph.D., Division Director
NOAA Northwest Fisheries Science Center / Seattle, WA
12:15 pm Lunch (on your own)
1:30 pm The Department of Ecology's New Stormwater Monitoring Report
  The Dept. of Ecology reported to the Legislature in December 2006 on the effectiveness of stormwater monitoring and the ability to assess impacts on water quality based on monitoring required under the industrial and construction stormwater general permit
  John Lenth, Senior Environmental Scientist
Herrera Environmental Consultants / Seattle, WA
  Joy Michaud, Owner
EnviroVision Corporation / Olympia, WA
2:30 pm Washington's New Municipal Stormwater Permits - The Good, The Bad and the Ugly!
  Revised Phase I Permit and the new Phase II Permit; pros and cons of doing municipal permits on a watershed basis
  Bill Moore, P.E., Moderator, Stormwater Policy Lead
Washington State Department of Ecology / Olympia, WA
  Panel Discussion
  Damon Diessner, Independent Environmental Consultant
Independent Environmental Consultant / Redmond, WA
  Sue Joerger, Executive Director
Puget Soundkeeper Alliance / Seattle, WA
  Misha Vakoc, Stormwater Program Coordinator Office of Water and Watersheds
Environmental Protection Agency / Seattle, WA
3:30 pm Break
3:45 pm General Permit Update
  The draft industrial permit currently under review and available for public comment; the Boatyard General Permit; and the Construction Stormwater General Permit
  Nathan Graves, VP & Principal Environmental Scientist
Kennedy/Jenks Consultants / Federal Way, WA
  Kristine Holm, Esq., Founder
Water Resources Northwest / Seattle, WA
  James A. Tupper, Jr., Esq., Program Co-Chair
Mentor Law Group, PLLC / Seattle, WA
5:15 pm Reception for Faculty and Attendees Sponsored by Mentor Law Group PLLC and Stoel Rives LLP

Tuesday, March 20, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  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 The U.S. Army Corps of Engineers New Proposed Nationwide Permit Issue
  Update on modifications to Nationwide Permits, NAHB decision rejecting challenges to the 2002 NWPs, and Regulatory Guidance Letter 06-03 on minimum monitoring requirements for compensatory mitigation
  Michael P. O'Connell, Esq., Program Co-Chair
Stoel Rives LLP / Seattle, WA
9:30 am Building a Defensible Record for 404/401 Permits
  Water Quality Issues Litigated in the Third Runway Project
  Thomas M. Walsh, Esq.
Foster Pepper PLLC / Seattle, WA
10:15 am Break
10:30 am Intermittent and Ephemeral Waters
  Post-Rapanos guidance on jurisdiction over ephemeral and intermittent waters; practical impacts of Rapanos on preparation of jurisdictional delineations and mitigation plans for discharges to ephemeral and intermittent streams
  Jeff B. Kray, Esq.
Marten Law Group PLLC / Seattle, WA
11:15 am Litigation Update
  Bill Clarke, Esq.
Mentor Law Group, PLLC / Olympia, WA
12:00 pm Pesticides
  Compliance with FIFRA requirements; NPDES permitting; what constitutes a "pollutant"?
  Beth S. Ginsberg, Esq.
Stoel Rives LLP / Seattle, WA
12:30 pm Lunch (on your own)
1:45 pm A Comprehensive Look at Enforcement
  Agency enforcement of the Clean Water Act; Department of Ecology and federal enforcement actions, proceedings before EPAís Environmental Appeal Board, and administrative appeals of Corps decisions
  Lori A. Terry, Esq.
Foster Pepper PLLC / Seattle, WA
2:30 pm Break
2:45 pm Tribal Water Quality Regulation
  Recent developments in Tribal applications for treatment as a state under the Clean Water Act and EPA review of Tribal Water Quality Standards
  Rich McAllister, Esq., Assistant Regional Counsel
US EPA So-158 / Seattle, WA
3:30 pm Ethical Considerations in Dealing with Administrative Agencies
  Contact with agency, staff and attorneys: When is it appropriate?
  Kathryn L. Gerla, Esq,
Foster Pepper PLLC / Seattle, WA
4:30 pm Evaluations and Adjourn

Tuition

Regular tuition for this program is $895 with a group rate of $795 each for two or more registrants from the same firm. For government employees, we offer a special rate of $695. For students and people in their job for less than a year, our rate is $447.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

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 Tuesday, March 13, 2007. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 12.75 WA CLE credits including 1 ethics credit and 15 WA Appraiser and Real Estate credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The conference 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 $159, promo code L64, and mention that you are attending a Law Seminars International conference. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The written 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 (whichever is later).
Order Homestudy

Faculty Bios

Michael P. O'Connell, Program Co-Chair, is a partner in the Seattle office of Stoel Rives LLP. He advises clients on stormwater permits, citizen suit notice letters, stormwater permit litigation, water rights, permitting for large projects on and outside Indian reservations, and business transactions with Indian tribes.

James A. Tupper, Jr., Program Co-Chair, is a principal at Mentor Law Group, PLLC where he practices environmental law with an emphasis on water quality, stormwater regulation, water resources, and shoreline development. Previously he served on the Pollution Control Hearings Board.

Barry Kellems, Moderator, is a Senior Engineer at BBL, Inc. His project experience encompasses all phases of stormwater management at industrial facilities, including NPDES permitting, feasibility studies, and design, construction and performance monitoring of stormwater treatment facilities.

Bill Moore, Moderator, is the Stormwater Policy Lead for The Washington State Department of Ecology working on water quality and stormwater issues. For the last three years, Bill has lead the development of the new municipal stormwater permits, including the re-issuance of the phase I municipal stormwater permit, and the issuance of the Eastern and Western Washington phase II municipal stormwater permits.

Samuel L. Anderson is Executive Officer of the Master Builders Association of King & Snohomish Counties.The association is actively involved in local land use public policy discussions and decisions, and participates in legal actions regarding the Growth Management Act.

Josh Baldi is Special Assistant to the Director for the Washington State Department of Ecology. His portfolio includes Puget Sound, Hood Canal, mitigation, monitoring, forest health, land use and salmon recovery. Previously, Josh worked in Washingtonís environmental advocacy community at the Washington Environmental Council.

Derek B. Booth, Senior Geologist, Stillwater Sciences, is a nationally and internationally recognized geologist in the fields of landscape processes, river and glacier dynamics and deposits, geologic hazards, and urban watershed management. Prior to joining Stillwater Sciences he held the position of Research Professor at the University of Washington, with joint appointment in the departments of Civil & Environmental Engineering and Earth & Space Sciences

Bill Clarke, partner, Mentor Law Group, PLLC, practices natural resource, environmental, and land use law and advises private, public, and non-profit clients in permitting, regulatory matters, and appeals. In addition, he represents clients in the Washington State Legislature, is a former member and chair of the Pollution Control Hearings Board and Shorelines Hearings Board.

Tracy K. Collier is the Division Director for the Ecotoxicology and Environmental Fish Health program at NOAA Northwest Fisheries Science Center and isinvolved in many areas of research. He is on the Essential Fish Habitat team for NMFS, receiving a Bronze medal for his efforts.

Damon Diessner, Independent Environmental Consultant, is an internationally recognized leader in surface water management and urban natural resource protection. He is experienced in dealing with various aspects of stormwater management, and currently serves on the Board of Directors for the National Association of Flood and Stormwater Management Agencies while co-chairing that organizationís Stormwater Committee.

Kathy Fletcher, Founder and Executive Director of People For Puget Sound, served on Governor Gregoire's Puget Sound Partnership. She also sits on the Northwest Straits Commission and the Washington State Oil Spill Advisory Council. During the Carter Administration she was on the Domestic Policy Staff handling environmental and natural resource issues.

Kathryn L. Gerla, member at Foster Pepper PLLC, focuses her practice on land use and environmental law. Previously, she was a Senior Assistant Attorney General with the Washington State Attorney General's Office, where she represented the Departments of Ecology and Natural Resources on various environmental issues.

Beth S. Ginsberg, partner at Stoel Rives LLP, focuses on environmental, wildlife, and natural resource litigation, for both public and private interests. She is one of Washington's "Super Lawyers" (2002-2006) chosen by Washington Law & Politics, one of the Top 50 Women Lawyers in Washington, selected for the International Who's Who of Environment Lawyers 2004-06, and Who's Who Legal: USA - Environment 2006, and included in Chambers' America's Leading Lawyers for Business (2006).

Nathan Graves is a VP 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 as an expert during legal proceedings.

Kristine Holm founded Water Resources Northwest after many years as an environmental consultant and planner and later as an attorney specializing in water related issues. She was long time Chair of the Association of the Washington Business Water Quality Committee, and represented the Northwest Paper & Pulp Association for nine years.

Sue Joerger, Executive Director, Puget Soundkeeper Alliance, has worked on the Seattle waterfront for many years as a program manager at the Center for Streamside Studies at the University of Washington, sailing instructor at Windworks Sailing Center, manager of the Corinthian Yacht Club of Seattle, and technical writer/editor at the NOAA Fisheries' Northwest Fisheries Science Center.

Jeff B. Kray is a partner at Marten Law Group PLLC focusing on water resources, water quality, and environmental, civil, and appellate litigation. Before joining Marten Law Group, he was an Assistant Attorney General with the Washington Attorney Generalís Office as where he represented the Department of Ecology and other state agencies.

John Lenth is a Senior Environmental Scientist with Herrera Environmental Consultants where he works primarily on projects relating to water quality, hydrology, and aquatic ecology. He also specializes in the statistical analyses of data from water resource studies.

Rich McAllister is an Assistant Regional Counsel and the Regional Judicial Officer at the U.S. Environmental Protection Agency, EPA Region 10. In addition to duties as EPA Region 10ís contact for Indian law matters, he is the Regionís presiding officer for administrative enforcement proceedings under 40 CFR Part 22.

Joy Michaud is the president and owner of EnviroVision Corporation, an environmental consulting firm that specializes in water resource studies that integrate the science of lakes, streams, fish and stormwater with the practical aspects of planning and implementation.

Nathaniel L. Scholz is the Program Manager in the Ecotoxicology and Environmental Fish Health Program at NOAA's Northwest Fisheries Science Center. He also leads the ecological assessment component of NOAA's national Coastal Storms Program. His research primarily focuses on the impacts of non-point source pollution on the health of salmon and marine fish species.

Lori A.Terry is a partner with Foster Pepper PLLC. Her practice focuses on water quality/resources, environmental law, transportation and infrastructure permitting, complex facility siting, and environmental litigation.

Misha Vakoc, Stormwater Program Coordinator with EPA's Regional Office of Water and Watersheds in Seattle, Washington is responsible for overseeing the implementation of the NPDES stormwater program within the Pacific Northwest.

Thomas M. Walsh is a member of Foster Pepper PLLC, and former chair of the firm's Land Use and Environmental Law Practice Group. He is a past chair of the Environmental and Land Use Law Section of the Washington State Bar Association, and a frequent lecturer on land use and environmental law topics. He served as outside counsel to the Port of Seattle on the Seattle-Tacoma International Airport Third Runway Project.