Law Seminars International Presents

An advanced two-day conference on

Environmental & Natural Resource Litigation

Practical advice on preparing, presenting, and defending environmental and land use cases in Washington and beyond

July 30 & 31, 2007
Washington State Convention and Trade Center in Seattle, WA
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Who Should Attend

Environmental attorneys, corporate managers, consultants and agency officials

Why Attend

This seminar will allow both private and public-sector environmental lawyers and professionals to understand the central issues in environmental, land use and natural resources litigation, in their procedural and substantive contexts. For example, the admission of expert testimony under Daubert will be reviewed and special presentations will cover: the use of science in the courtroom, using video and animation to illustrate fate and transport of contamination, and ways to make decades-old evidence come alive. Designed for attorneys, consultants, in-house technical professionals and local, state, and federal government officers, this workshop offers practical advice on preparing, presenting, and defending environmental and land use cases in Washington and beyond. The faculty includes both federal and administrative judges, consultants, and top lawyers in the field, who will give tips on procedural pitfalls, preparing and presenting environmental and natural resource cases to administrative tribunals, judges and juries, and making the best use of expert environmental testimony. Time is reserved throughout the program for the faculty to address participants' questions and to assist them in any other way to make the course as productive as possible for their practices. ~ Program Co-Chairs: Steven G. Jones, Esq. and Jeffrey W. Leppo, Esq.

What You Will Learn

~ Federal and State administrative rules, processes and practices ~ Creating a winning existing record ~ Plaintiff and defense strategies for your case ~ Effective use of appraisers and expert witnesses ~ Presenting an expert's investigation and conclusions in a way that satisfies Daubert ~ PRP/PLP identification at contaminated sites ~ Making effective presentations before administrative boards ~ Implications of Massachusetts v. EPA: a view from the bench ~ Effective and ineffective use of technology; making old records come alive

What Attendees Have Said About Similar Programs

~ please do this seminar again ~ great stories from experienced practioners ~ good, practiced advice for both petitioners and respondents ~ rules of statutory construction were great

Agenda

Monday, July 30, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  Steven G. Jones, Esq., Program Co-Chair
Marten Law Group PLLC / Seattle, WA
  Jeffrey W. Leppo, Esq., Program Co-Chair
Stoel Rives LLP / Seattle, WA
8:45 am Starting Your Court Case at the Administrative Level: Federal Rules and Processes
  Requirements for standing; notice issues; pre-filing requirements, particularly when dealing with municipal and state defendants; LUPA and other service requirements that, if not rigorously observed, can result in dismissal of your case
  Laurie K. Beale, Esq.
Stoel Rives, LLP / Seattle, WA
9:30 am Starting Your Case at the Administrative Level: State Board Practices
  A practitioner's view on process and procedure before the Pollution Control Hearings Board, Shorelines Hearings Board and the Growth Management Hearings Boards
  Maia D. Bellon, Esq., Assistant Attorney General, Ecology Division
Washington State Attorney General's Office / Olympia, WA
10:15 am Break
10:30 am Creating Your Record: Since a Large Amount of Environmental Litigation is Conducted on an Existing Record, an Early Focus on Creating the Record You Want Can Determine Whether You Win or Lose Your Case
  Effective use of environmental documents (such as Determinations of Non-Significance), public comments and responses to public comments as a means of supplementing the record and beginning the process of arguing your case within the record itself
  Karen M. McGaffey, Esq.
Perkins Coie LLP / Seattle, WA
11:00 am Crafting the Environmental Case: Plaintiff and Defense Strategies
  Strategies for themes of the case; practical advice on what works and what doesn't; turning a record-review case into something that is interesting and persuasive
  Gillis E. Reavis, Esq., Moderator
Foster Pepper PLLC / Seattle, WA
  Jeffrey W. Leppo, Esq., Program Co-Chair
Stoel Rives LLP / Seattle, WA
  John C. Bjorkman, Esq.
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA
12:30 pm Lunch (on your own)
1:45 pm Use of Expert Witnesses/Appraisers
  Identifying and hiring experts, including confidentiality issues; effective use of consulting versus testifying experts; preparation of the expert's report
  Elaine L. Spencer, Esq.
Graham & Dunn PC / Seattle, WA
  Resources for the investigation of opposing experts; deposing experts and preparing your own experts for deposition
  Loren R. Dunn, Esq.
Riddell Williams P.S. / Seattle, WA
  Special issues arising from the use of appraisers for eminent domain and regulatory takings cases which are, for all intents and purposes, a battle of experts on property valuation
  P. Stephen DiJulio, Esq.
Foster Pepper PLLC / Seattle, WA
3:15 pm Break
3:30 pm Science in the Courtroom: An Expert is of No Value to Your Case if Their Opinions Do Not Get Presented to the Court/Jury
  An overview of the Daubert test, along with tips on making sure that your expert and his/her opinions will satisfy the test; how to present the expert's investigation and conclusions in a way that satisfies Daubert
  Elizabeth Kroop, Esq., Environment & Natural Resources Division, Environmental Enforcement Section
Department of Justice / ^Location, CA
  Michael R. Thorp, Esq.
Heller Ehrman LLP / Seattle, WA
5:00 pm Reception Sponsored by Marten Law Group PLLC and Stoel Rives LLP

Tuesday, July 31, 2007

8:00 am Registration and Continental Breakfast
8:30 am Forensic Environmental Investigations: Identifying Potentially Responsible Parties (PRPs); Potentially Liable Parties (PLPs); and Historical Practices that May Have Led to Contamination of Property
  Locating historical evidence; deciding when to use an investigator
  A.J. Gravel, Managing Director
LECG LLC / Washington, DC
  PRP/PLP identification at contaminated sites; sampling for contamination; analytical approaches; and modeling the fate and transport of contaminants
  Daniel Baker, R.G., Senior Project Manager
The RETEC Group, Inc. / Seattle, WA
9:45 am Views from the Administrative Decision Makers: Effective Presentations before Administrative Boards
  Board member views on what they like to see, and what to avoid when appearing in front of them
  Margaret A. Pageler, Esq., Member
Central Puget Sound Growth Management Hearings Board / Seattle, WA
  The Hon. Eric Z. Lucas
Snohomish County Superior Court / Everett, WA
  Bill Clarke, Esq.
Mentor Law Group, PLLC / Olympia, WA
11:15 am Break
11:30 am A View from the Bench
  Implications of Massachusetts v. EPA, the Supreme Court's landmark decision involving the Clean Air Act, and a report from the Ninth Circuit: the environmental caseload, new judges and rule changes
  The Hon. Richard C. Tallman, U.S. Circuit Judge
Ninth Circuit Court of Appeals / Seattle, WA
12:00 pm Honing Your Presentation Skills: Effective and Ineffective Use of Technology; Making Old Records Come Alive
  Effective use of graphics, demonstratives and video, including the use of animation to visually present data in expert presentations and during expert testimony; the most effective approaches to old records
  Steven G. Jones, Esq., Program Co-Chair
Marten Law Group PLLC / Seattle, WA
  Chris Hazelmann, President
Prolumina Trail Technologies / Seattle, WA
1:00 pm Evaluations and Adjourn

Tuition

Regular tuition for this program is $795 with a group rate of $695 each for two or more registrants from the same firm. For government employees, we offer a special rate of $595. For students and people in their job for less than a year, our rate is $397.50. 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 Monday, July 23, 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 10.75 WA CLE 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 Washington State Convention and Trade Center at 800 Convention Place in Seattle, WA 98101. Sleeping rooms are available at the adjacent Sheraton Seattle Hotel (1400 Sixth Avenue, Seattle, WA 98104) for $189-209/nt. Reserve on-line at www.sheraton.com or via phone at 877-782-0128 and reference SET code 352710.
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 $805. 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

Steven G. Jones, Program Co-Chair, is a partner with Marten Law Group PLLC and chair of the firm's Litigation Department. He has handled complex environmental litigation for both public and private clients and has particular expertise in litigation arising under CERCLA, the Clean Water Act, the Federal Torts Claim Act, MTCA, and Washington's Growth Management Act. Mr. Jones is listed as a "Super Lawyer" by "Washington Law and Politics."

Jeffrey W. Leppo, Program Co-Chair, is managing partner of Stoel Rives LLP's Seattle office and a member of the Resources, Development & Environment and Climate Change Practice Groups. His practice focuses on environmental, wildlife and natural resources law, and related complex litigation. He is listed as a "Super Lawyer" by "Washington Law & Politics" and included in Chambers U.S.A.

Gillis E. Reavis, Moderator, member of Foster Pepper PLLC, focuses on environmental litigation, including hazardous waste cleanup, water quality, insurance coverage for policyholders, toxic torts and class action litigation. He has tried cases before state and federal trial and appellate courts and before the Washington PCHB. Mr. Reavis He has been named a "Super Lawyer" by "Washington Law & Politics" every year since 2003.

Dan Baker, Senior Project Manager for The RETEC Group, Inc. (merged with ENSR in 2007), is a Registered Geologist. Mr. Baker works as a geologist and hydrogeologist focusing on the investigation and remediation of soil, sediment and groundwater contamination and is a technical specialist in the fate and transport of contaminants. Mr. Baker works primarily for clients in the petroleum, utility, and transportation industries.

Laurie K. Beale, of counsel with Stoel Rives LLP, specializes in environmental and natural resources litigation and appellate law. She represents a variety of public and private interests, including port authorities, commercial fishing and sporting groups, pulp and paper associations, power facilities and utilities in regulatory, administrative and litigation matters.

Maia D. Bellon is an Assistant Attorney General within the Ecology Division of the Washington State Attorney General's Office. She provides client advice and litigation support for the Department of Ecology's Water Resources Program.

John C. Bjorkman, a partner with Kirkpatrick & Lockhart Preston Gates Ellis LLP, focuses his practice on complex commercial and environmental litigation in federal and state courts. He has considerable appellate experience and has successfully prosecuted and defended appeals in the Ninth Circuit and in all Washington state courts.

Bill Clarke, a partner with 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. He also represents clients in the Washington State Legislature and is a former member and Chair of the PCHB and Shorelines Hearings Board.

P. Stephen DiJulio, a partner at Foster Pepper PLLC, focuses his practice on litigation involving state and local governments, land use, and environmental law. His experience includes representation of jurisdictions on eminent domain, utilities, local improvement districts, facility siting and contractor litigation. Mr. DiJulio is listed as a "Super Lawyer" by "Washington Law & Politics."

Loren R. Dunn, a principal at Riddell Williams P.S., is Chair of the Environmental and Natural Resources Group. His projects have involved hazardous waste and large multi-party toxics cleanup sites, water sediment sites and NRD claims. He was named as one of "75 Top Business Lawyers" by Seattle Business Monthly magazine, was ranked as one of "America's Leading Business Lawyers" by Chambers USA, and is a "Super Lawyer."

A.J. Gravel, Managing Director of LECG LLC's Forensic History and Analysis Group, specializes in matters involving retrospective analysis with an emphasis on environmental cost recovery. His work includes identification of PRPs, documenting claims, assisting with cost allocation development and settlement/litigation support and has been performed in the context of both federal and state law authorities.

Chris Hazelmann is President of Prolumina Trial Technologies, where he serves as the lead trial consultant and works with law firms, corporations and government agencies on litigation technology and standards including the best use of graphics and technology during trial. He has provided litigation support for cases ranging from small collections to multi-national, multi-firm litigation.

The Hon. Eric Z. Lucas was elected to the Snohomish County Superior Court Bench in 2004 and serves on the Drug Court, Juvenile Operations and Finance Committees. Previously, he served as an Administrative Appeals Judge for the Boards of the Environmental Hearing Office where he authored numerous opinions in addition to being a certified mediator.

Karen M. McGaffey, partner at Perkins Coie LLP, practices in environmental issues, including permitting, regulation, litigation and the environmental aspects of business transactions. Her practice focuses on energy project development and facility siting. Ms. McGaffey was Vice Chair of the ABA's Natural Resources, Energy and Environment Section, Committee on Water Quality.

Margaret A. Pageler, member of the Central Puget Sound Growth Management Hearings Board, is one of three administrative law judges ruling on local land use plans and regulations.

Elaine L. Spencer is a shareholder at Graham & Dunn PC where she focuses on complex litigation and administrative practice with emphasis on environmental, land use and natural resources law. Her practice focuses on developing issues in land use, growth management, forestry, water rights, Indian treaty rights and condemnation. Ms. Spencer is listed as a "Super Lawyer" by "Washington Law and Politics."

The Hon. Richard C. Tallman is a U.S. Circuit Judge on the Ninth Circuit Court of Appeals since his appointment in May 2000. He is also a member of the Advisory Committee on Criminal Rules of the Judicial Conference of the United States.

Michael R. Thorp, shareholder with Heller Ehrman LLP, specializes in natural resource damage cases and is a trial attorney in the Coeur d'Alene NRD litigation. He authored the "Handbook of the Law of Natural Resource Damages" (2004) and was previously a trial attorney in the Environment and Natural Resources Division of the U.S. Department of Justice.