Law Seminars International Presents

An Intensive One-Day Workshop on

Oregon's Cleanup Law and Washington's MTCA

Recent developments in best cleanup practices

November 14, 2007
Red Lion Hotel on the River in Portland, OR
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Who Should Attend

Attorneys, real estate developers, land use planners, city planners, tribal and government officials, environmental engineers and consultants

Why Attend

This seminar will explore environmental site investigation and cleanup practice on both sides of the Oregon-Washington border. Washington's Department of Ecology oversees the Model Toxics Control Act and the revised rules that implement recommendations of the MTCA Policy Advisory Committee. The Oregon Department of Environmental Quality's cleanup program also has recently been the subject of study committees and has its own standards and procedures. These two state programs have become critically important in addressing hazardous substances and waste management in the Pacific Northwest. Our exceptional faculty will begin the program comparing and contrasting the two states' regulatory programs. Additional topics include comparisons of "all appropriate inquiry" for commercial, farm and timber properties in Washington and Oregon; a discussion of site investigations and cleanup; a practical look at solutions to cleanup problems; and an outstanding panel discussion regarding the lessons learned at separate aquatic Superfund sites in the two states involving contaminated sediments and water quality concerns. Lawyers, consultants, environmental groups, real estate professionals, land use planners and parties conducting hazardous waste cleanups will want to attend this comprehensive and forward-looking program. ~ Program Co-Chairs: Steven F. Hill, Esq. and Tom Lindley, Esq.

What You Will Learn

~Updates on Oregon's Cleanup Law and Washington's Model Toxics Control Act ~The Supreme Court CERCLA decision ~Due diligence on timber, agricultural and industrial lands ~Sediment clean-up and liability in Oregon and Washington ~Brownfield toolboxes under Oregon's Cleanup Law and Washington's MTCA ~Determining water quality standard relevancy

Agenda

Wednesday, November 14, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  Steven F. Hill, Esq., Program Co-Chair
Miller Nash LLP / Vancouver, WA
  Tom Lindley, Esq., Program Co-Chair
Perkins Coie LLP / Portland, OR
8:45 am Oregon's Cleanup Law and Washington's Model Toxics Control Act: Recent Developments
  Washington's MTCA
  Steven F. Hill, Esq., Program Co-Chair
Miller Nash LLP / Vancouver, WA
  Oregon's Cleanup Law: effects of program maturation, the challenge of ecological risk and opportunities presented by brownfields
  J. Mark Morford, Esq.
Stoel Rives LLP / Portland, OR
10:00 am Break
10:15 am Case Law Update: Supreme Court CERCLA Decision
  The issues decided by the Court in the context of what is next for companies operating property contaminated by previous owners; how the decision will affect strategies for those companies moving forward
  Christopher W. Rich, Esq.
Perkins Coie LLP / Portland, OR
11:00 am Due Diligence on Timber, Agricultural and Industrial Lands
  Comparing and contrasting all appropriate inquiries on diverse lands
  Tom Lindley, Esq., Program Co-Chair
Perkins Coie LLP / Portland, OR
11:45 am Lunch (on your own)
1:00 pm Sediment Cleanups in Oregon and Washington
  Practical issues arising from sediment cleanups in Oregon and Washington, including the process and standards for determining appropriate cleanups; a comparison of sediment cleanups at Commencement Bay, Washington and Portland Harbor, Oregon
  Suzanne C. Lacampagne, Esq., Moderator
Miller Nash LLP / Portland, OR
  David Ashton, Esq., Senior Assistant General Counsel
Port of Portland / Portland, OR
  Teri Floyd, Ph.D., Principal
Floyd Snider / Seattle, WA
  James McKenna, Superfund Project Manager
Port of Portland / Portland, OR
2:45 pm Break
3:00 pm Fitting the Solution to the Project: Oregon Cleanup Law and Washington MTCA Brownfield Toolboxes for Different Project Types
  Universal lessons from specific hazardous waste mitigation case studies
  David F. Bartz, Jr., Esq.
Schwabe, Williamson & Wyatt PC / Portland, OR
  Christopher L. Reive, Esq.
Jordan Schrader PC / Portland, OR
4:00 pm Water Quality Standards: Which Ones Are Relevant?
  Cleanup standards; drinking water standards; contaminated sediments; groudwater; interface of water resources and cleanup, TMDL and cleanup
  Tom Lindley, Esq., Moderator, Program Co-Chair
Perkins Coie LLP / Portland, OR
  Terry Hosaka, Senior Associate and Portland Office Manager
Landau Associates / Tigard, OR
  Cleanup standards; drinking water standards; contaminated sediments; groundwater; interface of water resources and cleanup, TMDL and cleanup
  Dave Livesay, RG
GSI Water Solutions / Corvalis, OR
5:00 pm Evaluations and Adjourn

Tuition

Regular tuition for this program is $595 with a group rate of $520 each for two or more registrants from the same firm. For government employees, we offer a special rate of $445. For students and people in their job for less than a year, 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.

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 Thursday, November 8, 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 7 OR CLE and 6.5 WA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The workshop will be held at the Red Lion Hotel on the River at 909 N. Hayden Island Drive in Portland, OR 97217. Call the hotel directly at (503) 283-4466 for reservations. 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 $605. 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 F. Hill, Program Co-Chair, partner at Miller Nash LLP, concentrates on environmental and natural resources, admiralty, real estate and land use law. He heads the firm's southwest Washington environmental and natural resources practice area. Mr. Hill has represented clients regarding all aspects of environmental law including hazardous waste, contaminated properties, water quality, insurance recovery for environmental cleanups, and wetland and natural resource issues affecting real property development in Oregon and southwest Washington.

Tom Lindley, Program Co-Chair and a partner at Perkins Coie LLP, focuses on site investigations and remediation; air, water, solid and hazardous waste permits; water quality and rights; endangered species; enforcement defense and litigation; and audits and due diligence. Mr. Lindley is listed in "The Best Lawyers in America" and in "Chambers USA."

Suzanne C. Lacampagne, Moderator, is a partner with Miller Nash LLP and co-leader of the firm's Environmental and Natural Resources Practice Group. Her practice focuses on representing corporate clients in hazardous waste cleanup actions, air and water permitting issues, and environmental management and compliance. Previously, Ms. Lacampagne was a litigator with the U.S. Department of Justice.

David Ashton, Senior Assistant General Counsel for the Port of Portland specializes in the area of environmental, natural resources, land use and environmental sustainability law. He also represents the Port on hazardous substance contamination matters, including Brownfields redevelopments, the Portland Harbor Superfund Site and cleanup and insurance recovery claims.

David F. Bartz, Jr., shareholder at Schwabe, Williamson & Wyatt PC, focuses on the litigation of environmental and construction issues. He is experienced in representing clients in court and before administrative agencies, and with brownfields work along the Portland waterfront, RCRA litigation, and hazardous substance cleanup projects.

Teri Floyd, Ph.D., Principal at Floyd Snider, is a professional chemist and environmental systems analysis. She specializes in complex project management for sites and projects with interwoven regulatory, business and technical challenges, working with her clients from early planning through implementation and closure.She has extensive experience in managing investigation and remediation projects, primarily under CERCLA, RCRA and MTCA.

Terry Hosaka, Senior Associate and Portland Office Manager for Landau Associates, works on environmental and regulatory issues as they restore environmentally impacted sites to productive use. Previously, he was the manager of the Environmental Cleanup and Emergency Response Program for Oregon's Department of Environmental Quality.

Dave Livesay, a registered geologist with GSI Water Solutions, conducts groundwater, surface water and geologic investigations. As a lead technical hydrogeologist and project manager, his work includes project permitting; NEPA evaluations; Clean Water Act discharge permits; groundwater contamination studies; and Superfund work.

James McKenna is Superfund Project Manager and Sediment Program Manager for the Port of Portland. He is also the Co-Chair of the Lower Willamette Group, a consortium of 14 parties (City of Portland, Port of Portland, and 12 private companies) that is conducting the Remedial Investigation and Feasibility Study for the Portland Harbor Superfund Site.

J. Mark Morford, partner with Stoel Rives LLP, focuses on environmental issues pertaining to industrial, energy, forest products and agricultural facilities. He is experienced with water and air quality, waste and radioactive materials management, endangered species issues and cleanups. Mr. Morford is known for integrating strategies for technical, business, public relations and legal issues to solve complex problems.

Christopher L. Reive, partner with Jordan Schrader PC, focuses on environmental risk management and allocation in business transactions, waste management and disposal on job sites, obtaining environmental insurance coverage, permitting and reporting to regulatory agencies, spill and release response, and worker safety.

Christopher W. Rich is of counsel with Perkins Coie LLP's Environment and Natural Resources Practice. He focuses on complex environmental cleanup compliance and litigation under CERCLA and state Superfund laws, state and federal governmental enforcement actions, RCRA and hazardous waste compliance, and Clean Water Act compliance and permitting. Mr. Rich is listed in "Chambers USA."