Law Seminars International Presents

A Comprehensive One-Day Workshop on Washington's

Model Toxics Control Act

New developments in implementation, litigation, and legislation

June 11, 2007
Renaissance Seattle Hotel in Seattle, WA
Register      Download PDF Brochure

Who Should Attend

Lawyers, developers, contractors, environmental professionals, corporate managers, engineers, architects, city and county officials, and anyone involved with developing contaminated property

Why Attend

The Washington State Department of Ecology's implementation of the Model Toxics Control Act continues to evolve. This seminar will explore issues arising out of Ecology's interpretations of the 2001 rule amendments. It will also cover new trends to require financial assurance and to impose liens, and provide updates on recent changes to the Voluntary Cleanup Program and EPA's recent All Appropriate Inquiries Rule. Lawyers, consultants, environmental groups and parties involved with cleanups will want to hear the latest developments concerning issues they may have when conducting cleanup of contaminated property. ~ Program Co-Chairs: Rodney L. Brown, Esq. and Gillis E. Reavis, Esq.

What You Will Learn

* Washington's Model Toxics Control Act (MTCA) litigation and legislative updates * Department of Ecology's (DOE) Puget Sound Initiative and future directions for cleanups * Financial and legal guarantees for cleanups * Key cleanup issues for air, soil and groundwater * All Appropriate Inquiries rule * No Further Action Letters * Voluntary Cleanup Program * Tools for MTCA liability resolution options

What Attendees Have Said About Similar Programs

- The seminar was very informative. - An excellent line-up of speakers. - Exceptional!

Agenda

Monday, June 11, 2007

8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  Rodney L. Brown, Jr., Esq., Program Co-Chair
Cascadia Law Group PLLC / Seattle, WA
  Gillis E. Reavis, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA
8:45 am Washington’s Model Toxics Control Act (MTCA) - New Developments This Past Year
  Rodney L. Brown, Jr., Esq., Program Co-Chair
Cascadia Law Group PLLC / Seattle, WA
  Dave Bradley, Acting Supervisor, Information and Policy Section
Toxics Cleanup Program Washington State Department of Ecology / Olympia, WA
9:45 am MTCA Litigation Update
  What is happening with the statute of limitations, substantial equivalence, joint and several liability and other thorny MTCA litigation issues?
  Gillis E. Reavis, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA
10:15 am Break
10:30 am MTCA Legislative Update
  What happened in the legislature this year? Who has been pushing for what? How have the politics played out? What to expect in the next session; liability for rights of way
  Steven J. Thiele, Esq.
Stoel Rives LLP / Seattle, WA
11:00 am Department of Ecology Initiatives
  Puget Sound Initiative and future directions for cleanups
  Jim Pendowski, Program ManagerToxics Cleanup Program
Toxics Cleanup Program Washington State Department of Ecology / Olympia, WA
11:30 am Financial & Legal Guarantees For Cleanups
  How to navigate current financial assurance requirements, liens and restrictive covenants; responding to and dealing with corporate bankruptcy; legislative developments at federal and state level; protecting your client for the short- and long-term.
  Ken Lederman, Esq.
Riddell Williams P.S. / Seattle, WA
12:15 pm Lunch (on your own)
1:30 pm Key Cleanup Issues for Air, Soil & Groundwater
  Cleanup standards to protect indoor air quality; Soil cleanup levels to protect groundwater quality (the three- and four-phase models); how to do "empirical demonstrations" to get alternative cleanup levels; new emphasis on dioxins and arsenic
  Teri Floyd, Ph.D., Principal
Floyd Snider / Seattle, WA
  Kris Hendrickson, P.E., Principal
Landau Associates Inc. / Edmonds, WA
2:30 pm Break
2:45 pm Real Estate Deals & Voluntary Cleanups
  All Appropriate Inquiries rule; No Further Action Letters'; and the Voluntary Cleanup Program
  Jim Pendowski, Program Manager
Toxics Cleanup Program Washington State Department of Ecology / Olympia, WA
  Joshua M. Lipsky, Esq.
Cascadia Law Group PLLC / Seattle, WA
  Michael Wearne, Vice President, Environmental Services
Columbia Bank / Tacoma, WA
4:15 pm Fitting the Solution to the Project - A Toolbox for Different MTCA/Redevelopment Projects
  Tools for MTCA liability resolution options: Insurance products and related considerations
  Charles R. Wolfe, M.R.P., Esq.
Attorney at Law / Seattle, WA
5:00 pm Evaluations & 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 Tuesday, June 5, 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 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 Renaissance Seattle Hotel at 515 Madison St. in Seattle, WA 98104. A special negotiated rate of $159 is available for on-line reservations only on a first come, first served basis. Go to http://marriott.com/hotels/travel/seasm-Renaissance-Seattle-hotel to reserve.Use the corporate code L64. You may also call the hotel for additional questions at 206-583-0300.
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

Rodney L. Brown, Jr., Program Co-Chair, founder and partner of Cascadia Law Group PLLC, specializes in environmental law. He has worked on significant environmental cases in the Northwest, including most of the region's Superfund cleanups, the permitting of major industrial and municipal facilities and the development of large-scale Brownfield properties. He was the principal author of Washington's Superfund law, the Model Toxics Control Act and has been listed in Best Lawyers in America for more than ten years.

Gillis E. Reavis, Program Co-Chair, 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. His pro bono representation of environmental groups in litigation over wilderness, land use and hazardous waste issues earned him a Pro Bono Public Service Commendation and he has been named a Super Lawyer by Washington Law & Politics.

Dave Bradley is the Acting Supervisor of the Information and Policy Section within the Washington State Department of Ecology’s Toxics Cleanup Program. He has worked as a manager and toxicologist in several Ecology programs. He is the author of the original MTCA cleanup standard rules adopted in 1991.

Teri Floyd, Ph.D., Principal at Floyd Snider, is a professional chemist of 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.

Kris Hendrickson, Principal at Landau Associates Inc, assisted with development of the MTCA regulations as a member of Washington State Department of Ecology's external work groups and has implemented them at numerous sites. Her practice focuses on cleanup and redevelopment of contaminated property and litigation support including allocation of cleanup costs.

Ken Lederman, a Principal at Riddell Williams P.S., focuses on environmental litigation, including federal and state hazardous waste cost-recovery litigation and natural resource damage litigation. Previously, he was an Assistant Attorney General representing the Washington State Department of Ecology. He was named a "Rising Star" by Washington Law & Politics Magazine.
Full bio and contact info for Ken Lederman at Riddell Williams P.S.

Joshua M. Lipsky, a partner with Cascadia Law Group PLLC, advises clients on real estate transactions involving contaminated property, hazardous substance cleanup and cost recovery and complex regulatory compliance questions arising under hazardous waste management laws. He was on the Executive Committee of the Washington State Bar Association's Environmental and Land Use Section for 2004 - 2007 term and earned an AV rating in Martindale-Hubbell.

Jim Pendowski is currently the Program Manager for the Toxics Cleanup Program at the Washington State Department of Ecology. He has been involved in waste management, cleanup and redevelopment issues on the state and local government level for the past 30 years.

Steven J. Thiele, of counsel at Stoel Rives LLP, focuses on hazardous waste, land use and environmental issues for both public and private interests. Previously, he was chief toxics cleanup attorney for the Washington State Attorney General's Office Ecology Division and was named "Super Lawyer" by Washington Law & Politics.

Michael Wearne, Vice President, Environmental Services, manages environmental risk for Columbia Bank. In addition, he reviews commercial and residential appraisal for the company and teaches Real Estate Appraisal at Bellevue Community College.

Charles R. Wolfe, M.R.P., opened his own law offices in 2005 after a career at larger law firms. He focuses his practice on redevelopment and rownfields issues and related due diligence, permitting, negotiation and administrative advocacy. He has been named a "Washington Law and Politics" Super Lawyer for the last six years.

Firm Links

Riddell Williams P.S.