Law Seminars International Presents

A one-day comprehensinve workshop on

Natural Resource Damages in Hawai'i and the Pacific

In conjunction with the Natural Resources Section of the Hawai'i State Bar Association

January 26, 2007
Ala Moana Hotel in Honolulu, HI
Order      Download PDF Brochure

Who Should Order Homestudy

Attorneys, consultants and governmental or private practice environmental professionals

Why Order

Natural Resource Damage (NRD) claims under federal and state environmental laws have emerged as a critical tool for federal, state, and Native groups to address damage to the biological and physical resources they own or control, and to protect sensitive habitat, species, vegetation, marine life, groundwater, open space, and agricultural lands. Natural resource damage litigation is an emerging legal theory that gives "Trustee" governmental agencies and Native peoples the right to assess monetary damage for nature's loss. What is the cost to restore damaged resources, and how are those calculations made? Is it possible to restore injured habitat, and what types of projects have been successful? Who can bring a natural resource damage claim? How do you evaluate a claim, and what does it cost to bring and to defend one? These cases often involve multiple parties, complex scientific and economic analyses, public and private institutions, and legal arguments at the edge of environmental law. The issue is particularly critical to Hawai’i, as military lands are being cleared of old munitions, and large estates are remediating agricultural lands. This conference presents working and experienced practitioners who dissect and analyze, prosecute and defend, and mediate and resolve these complex claims for their clients. They include legal counsel, scientists, economists, managers, and private, government, and military officials who are actively engaged in major natural resource damages disputes. The conference is an opportunity to hear these experts discuss the law in this area, their experience in handling these types of claims and to respond to your questions in an informal ~ Program Co-Chairs: Bradley M. Marten, Esq. and William M. Tam, Esq.

What You Will Learn

--Federal claims under CERCLA, CWA and OPA --State claims in Hawai'i and the Pacific --Native claims under CERCLA --Legal strategies for NRD claims and restoration --Injury and damage determination and quantification approaches --Economic valuation of NRD claims --Current issues in reuse of agricultural and military land in Hawai'i --Remedies for natural resource damages

What Attendees Said

~ Content excellent ~ Case examples were useful in putting it all together ~ Presenters were well-prepared ~ Appreciated honest discussions! ~ Well-rounded and evenly balanced

Agenda

Friday, January 26, 2007

8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  Bradley M. Marten, Esq., Program Co-Chair
Marten Law Group PLLC / Seattle, WA
  William M. Tam, Esq., Program Co-Chair
Alston Hunt Floyd & Ing / Honolulu, HI
  Aviam Soifer, Esq., Dean
William S. Richardson School of Law / Honolulu, HI
8:45 am Federal Claims Under CERCLA, CWA and OPA
  Case studies: who can seek damages; elements of damages claims; components of restoration; approach to hazardous substances vs. oil; opportunities for cooperative problem solving
  Kurt Zimmerman, Esq., Attorney Advisor for Natural Resources
National Oceanic and Atmospheric Administration (NOAA) / Long Beach, CA
9:30 am State Claims in Hawai'i and the Pacific Rim
  Analysis of current activities and future plans for NRD initiatives; case studies to include Pflueger
  Hawai'i
  Kathleen S.Y. Ho, Esq., Deputy Attorney General
State of Hawai'i Attorney General's Office / Honolulu, HI
  Micronesia
  Alan B. Burdick, Esq.
Attorney at Law / Honolulu, HI
10:30 am Break
10:45 am Native Claims Under CERCLA
  Tribal and native CERCLA actions; NRDA elements; damages and defenses
  Jonathan Likeke Scheuer, Ph.D., Policy Analyst, Native Rights, Land & Culture Hale
Office of Hawaiian Affairs / Honolulu, HI
  Mason D. Morisset, Esq.
Morisset, Schlosser, Jozwiak & McGaw / Seattle, WA
  Derrick Kahala Watson, Esq.
Farella Braun & Martel LLP / San Francisco, CA
11:30 am Effective Legal Strategies for Natural Resource Damage Claims and Restoration
  Bradley M. Marten, Esq., Program Co-Chair
Marten Law Group PLLC / Seattle, WA
12:00 pm Lunch (on your own)
1:15 pm Re-use of Military and Agricultural Lands: 21st Century Issues in Hawai'i
  Howard J. Killian, Commander
U.S. Army Garrison Hawai'i / Schofield Barracks, HI
  Rebecca K. Hommon, Esq., Region Counsel (Environmental Law)
Naval Region Hawai'i / Pearl Harbor, HI
  Timothy Johns, COO
Estate of Samuel Mills Damon / Honolulu, HI
  Dana K.N. Sato, Esq., Senior Counsel
Kamehameha Schools / Honolulu, HI
2:45 pm Break
3:00 pm Conducting a Natural Resource Damage Assessment
  Injury and damage determination; quantification approaches
  Plaintiff's perspective
  Valerie Ann Lee, Esq., President
Environment International Ltd. / Seattle, WA
  Defendant's perspective
  Richard W. Grigg, Ph.D., Researcher, Department of Oceanography
University of Hawai'i at Manoa / Honolulu, HI
4:00 pm Economic Valuation of Natural Resource Damage
  Approaches, recent trends and key issues in assigning a monetary value to natural resource damages
  Theodore Tomasi, Ph.D., Vice President and Technical Director
ENTRIX, Inc. / New Castle, DE
4:45 pm Remedies for Natural Resource Damage
  Statutory damages, restoration, SEPs, natural resource banking and other alternatives
  Paul P. "Skip" Spaulding, III, Esq.
Farella Braun + Martel LLP / San Francisco, CA
5:30 pm Evaluations & Adjourn

Cancellation

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

Continuing Education Credits

Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 7.25 CA MCLE and 7 WA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Cost

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

Bradley M. Marten, Program Co-Chair, is founder and managing partner of Marten Law Group PLLC. He represented the State of Alaska in the Exxon Valdez oil spill and has represented private parties in NRD and Superfund litigation in Hawai'i, Samoa, Guam and throughout the Pacific Northwest, mountain states, and New Jersey. He has been listed as one of the best environmental lawyers in Seattle.

William M. Tam, Program Co-Chair, is of counsel with Alston Hunt Floyd & Ing and focuses his practice on water, natural resources, land use, real estate, environmental and ocean law, and Hawaiian land rights. He was co-counsel for Hawai'i in the Robinson water rights litigation and the Waiahole Ditch Contested Case and is co-author of Hawaii's Water Code. Mr. Tam was also Deputy Attorney General and counsel to the State Board of Land and Natural Resources and the State Water Commission.

Aviam Soifer, Dean of the William S. Richardson School of Law at the University of Hawai'i at Manoa, teaches and writes primarily about constitutional law, legal history, and law and humanities. Previously, he was previously Dean of Boston College Law School.

Alan B. Burdick, an attorney in private practice, teaches the Pacific Islands Legal Systems course at the University of Hawai'i School of Law. Previously he was staff counsel to the Political Status Commission of the Federated States of Micronesia and was plaintiffs' counsel in a suit brought by the People of Satawal against the M/V Oceanus for serious reef damage in Micronesia.

Richard W. Grigg, Researcher in the Department of Oceanography at the University of Hawai'i at Manoa, specializes in coral reef ecology and sustainability. He worked as a consultant for the defense in the Pflueger case.

Kathleen S.Y. Ho is Deputy Attorney General in the Health and Human Services Division of the Department of the Attorney General of Hawai'i. She concentrates on brownfields, environmental response (CERCLA), NRD, solid waste, recycling and environmental crimes. Ms. Ho's significant cases include Tesoro NRD, Chevron NRD, and the clean-up of Kaho'olawe.

Rebecca K. Hommon, Region Counsel (Environmental Law), Naval Region Hawai'i, provides environmental compliance and planning advice to U.S. Navy officers in Hawai'i and the mid-Pacific. Her experience includes the $460 million clean-up of Kaho'olawe, response to a major oil spill in Pearl Harbor, and creation of the National Marine Sanctuary in Hawai'i.

Timothy Johns is COO of the Estate of Samuel Mills Damon and a Trustee of Parker Ranch. He was previously Chairman of the Hawai'i Board of Land and Natural Resources.

Howard J. Killian is Commander of U.S. Army Garrison Hawai'i, which encompasses all Army facilities in the state. He is responsible for compliance with all applicable environmental laws and regulations and is actively involved in ensuring that the Garrison is compliant and acts as a good steward of the lands. Col. Killian's awards include the Legion of Merit, Bronze Star, and Defense Meritorious Service Medal.

Valerie Ann Lee, Founder and President of Environment International Ltd., is both an environmental attorney and engineer who has supervised scientific teams investigating the basis for liability and cost allocation at Superfund sites. As a trial attorney for the Environmental Enforcement Section of the U.S. Department of Justice, she litigated cases involving natural resource damages obtaining over $35 million in judgments and settlements.

Mason D. Morisset, director at Morisset, Schlosser, Jozwiak & McGaw, focuses on federal Indian law and represents Native American tribes and organizations throughout the country. His litigation record includes three successful cases in the U.S. Supreme Court.

Dana Sato is Counsel in Kamehameha Schools' Endowment Legal Division, where she supports the Residential and Land Assets Divisions. Previously, she was a partner with Pitluck Kido Sato & Stone working primarily with residential, commercial, and common-interest properties.

Jonathan Likeke Scheuer, Policy Analyst, Office of Hawaiian Affairs, works on protecting native Hawaiian rights to land and water and focuses on public policy aspects of the interactions between indigenous groups and the environmental community, water management and the conservation of biological diversity. Dr. Scheuer was previously with the Kamehameha Schools and is a Switzer Fellow.

Paul P. "Skip" Spaulding, III is a partner in Farella Braun + Martel LLP's Environmental Law Department. He practices in all areas of environmental law, and particularly specializes in wetlands, species, CEQA, NEPA and all other land use litigation and compliance areas. His experience includes complex litigation and environmental law, both in private practice and as a Managing Attorney and National Litigation Director for the Sierra Club Legal Defense Fund.

Theodore Tomasi, Vice President and Technical Director at ENTRIX, Inc., is a natural resource economist whose research has been directed to measuring the value of natural resources and environmental change. He is experienced in the development and application of valuation methods in benefit-cost analysis and natural resource damage assessments.

Derrick Kahala Watson, partner, Farella Braun & Martel LLP, represents clients in civil and criminal environmental enforcement actions, citizen's suits, cost recovery litigation, toxic tort cases and product liability actions involving CWA, RCRA, and CERCLA. Mr. Watson is Vice-Chair of the Superfund and Natural Resource Damages Committee of the ABA's Section on Environment, Energy and Resources.

Kurt Zimmerman is an Attorney Advisor for Natural Resources for the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce. He is responsible for providing legal direction to NOAA in the implementation of its natural resource trustee responsibilities under CERCLA, the OPA, the CWA and the National Marine Sanctuaries Act and for overseeing NOAA litigation under those acts.