Law Seminars International Presents

Third Annual Conference on

Natural Resource Damages Litigation

New Developments & Emerging Strategies

November 29 & 30, 2007
Newark Liberty International Airport Marriott in Newark, NJ
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Who Should Attend

Attorneys, consultants, governmental and private sector environmental practitioners

Why Attend

CERCLA Natural Resource Damage (NRD) litigation is at the cutting edge of environmental law. Brought in state and federal courts across the United States, NRD claims, and associated state statutory and common law claims, present complex strategic, tactical and substantive issues for both state natural resource trustees and potentially responsible parties. Some trustees seem intent on restoring injured resources. Other trustees, from cash-strapped states seem more focused on using NRD claims to create "the new tobacco litigation." What are the limits of NRD claims? How will trustees use other statutes to avoid recent federal and state NRD decisions? How can trustees and responsible parties best position themselves during the natural resource injury assessment process? What are the most effective (and least effective) NRD claims? What are the most effective (and least effective) defenses to NRD claims? How are NRD injuries monetized? What are the best strategies and tactics to handle large, complex NRD litigation? We will seek answers to these and other questions at this advanced workshop. Our faculty is drawn from esteemed environmental leaders across the country. They come from affected industry, federal and state government, nationally-recognized plaintiff and defense firms, and environmental and economic consultant practices, and have been directly involved in a majority of the precedent-setting NRD lawsuits resolved in the last five years. Serious environmental practitioners will not want to miss this. Program Co-Chairs: Ira M. Gottlieb, Esq. and David B. Schwartzberg, President

What You Will Learn

~ Federal claims under CERLA, CWA and OPA ~ Implementation and results of the Natural Resource Damage Program in New Jersey ~ Tips for establishing the value of natural resources ~ Tribal claims under CERCLA ~ Litigation update: Case reviews ~ Protecting drinking water: Groundwater contamination issues ~ Legal and technical perspectives on innovative settlement strategies for Natural Resource Damages claims ~ Counter claims and third party claims ~ Strategies for determining baseline ~ NRDA cooperative assessments and parallel tracking ~ Rule 702: Legal and expert perspectives on the key Daubert issues in NRD cases ~ What's next in NRD?

Agenda

Thursday, November 29, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  Ira Gottlieb, Esq., Program Co-Chair
McCarter & English, LLP / Newark, NJ
  David B. Schwartzberg, Program Co-Chair, President
Restera, LLC / Fanwood, NJ
8:45 am Federal Claims Under CERLA, CWA and OPA
  Case studies: Who can seek damages; elements of damage claims; components of restoration; approach to hazardous substances vs. oil; opportunities for cooperative problem solving
  James A. Bruen, Esq.
Farella Braun + Martel LLP / San Francisco, CA
9:30 am Update on Implementation and Results of The Natural Resource Damage Program in New Jersey
  The resource-to-resource form of compensation developed by the state as a new paradigm for companies to resolve natural resource damage liabilities; examples of innovative in-kind compensation solutions
  Ira Gottlieb, Esq.
McCarter & English, LLP / Newark, NJ
  New Jersey settlements from the perspective of a non-profit conservation organization, particularly one which plays a unique role in NRD settlements
  Michael Catania, Esq., President
Conservation Resources Inc. / Chester, NJ
10:15 am Break
10:30 am Establishing the Value of Natural Resources
  How to value potential NRD; natural resource capital and economic services; on-going litigation in New Jersey; large surface water sites; monetization
  Rick Dunford, Ph.D., Owner
Environmental Economics Services, LLC / Raleigh, NC
  Theodore Tomasi, Ph.D., Vice President and Technical Director
ENTRIX, Inc. / New Castle, DE
12:00 pm Lunch (on your own)
1:15 pm Tribal CERCLA Involvement
  Response and Natural Resource Damage actions
  Ray Givens, Esq.
Givens Law Firm / Bellevue, WA
2:00 pm Litigation Update: Case Reviews
  Exxon Bayway/NJ Chamber of Commerce: Scope of damages available under the NJ Spill Act; Ewing Township: Challenges to expert testimony and the surrogate groundwater formula; ramifications for New Jersey
  Lanny S. Kurzweil, Esq.
McCarter & English, LLP / Newark, NJ
2:45 pm Break
3:00 pm Protecting Drinking Water: Equitable Approaches for Groundwater Contamination
  Differences in Department of Defense vs. private sites; CERCLA as a recovery tool; update on current litigation; emergence of surface water cases; surface water sites; complex federal and state involvement
  Dale C. Young, Esq., Director Natural Resource Damages Program
Massachusetts Executive Office of Energy & Environmental Affairs / Boston, MA
3:45 pm Legal and Technical Perspectives on Innovative Settlement Strategies for Natural Resource Damages Claims
  Settlement of NRD litigation
  Bradley M. Marten, Esq.
Marten Law Group / Seattle, WA
  Case study on the use of ADR techniques used for claims at the Hylebos Waterway portion of the Commencement Bay Superfund Site; economic incentives for PRPs to construct compensatory wetlands and trade credits for excess ecological value
  William J. Hengemihle, Managing Director
LECG, LLC / Wayne, PA
  Robert A. Taylor, Esq., Senior Counsel for Restoration
National Oceanic and Atmospheric Administration / Seattle, WA
5:30 pm Reception for Attendees and Faculty Sponsored by McCarter & English, LLP

Friday, November 30, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  Ira Gottlieb, Esq., Program Co-Chair
McCarter & English, LLP / Newark, NJ
  David B. Schwartzberg, Program Co-Chair
Restera, LLC / Fanwood, NJ
8:45 am Counterclaims and Third Party Claims
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  Ken Lederman, Esq.
Riddell Williams P.S. / Seattle, WA
9:30 am What's Next in NRD?
  Federal perspective; present status of NRD; a better approach to latest and greatest strategies
  Brian D. Israel, Esq.
Arnold & Porter LLP / Washington, DC
10:15 am Break
10:30 am Rule 702: Legal and Expert Perspectives on the Key Daubert Issues in NRD Cases
  The use of Daubert to challenge plantiffs' NRD experts and expert theories
  Mark S. Laska, Ph.D., President
Great Eastern Ecology, Inc / New York, NY
  Eric G. Lasker, Esq.
Spriggs & Hollingsworth / Washington, DC
12:00 pm Lunch (on your own)
1:15 pm NRDA Cooperative Assessments and Parallel Tracking
  The pros and cons of a cooperative assessment approach with the NRD Trustees; parallel tracking remediation and restoration
  Stephen T. Parkinson, Esq.
Groff Murphy / Seattle, WA
  Robert A. Taylor, Esq., Senior Counsel for Restoration
National Oceanic and Atmospheric Administration / Seattle, WA
2:30 pm Strategies for Determining Baseline
  Historical and ecological research to define the quality of the resource absent defendant's actions
  Michael B. Gerrard, Esq.
Arnold & Porter LLP / New York, NY
3:15 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 Friday, November 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 12 PA 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 Newark Liberty International Airport Marriott Hotel in Newark, New Jersey 07114. Call the hotel directly at (973) 623-0006 for reservations at the special negotiated rate of $189 and mention that you are attending a Law Seminars International conference. Rooms are on a first come, first served basis.
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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

Ira Gottlieb, Program Co-Chair, partner at McCarter & English, LLP, focuses on complex litigation, including insurance coverage on behalf of policyholders, environmental law, commercial and real estate contracts and business torts. He is co-chair of the Committee on Superfund and NRD Litigation of the ABA Section of Environment, Energy and Resources, and previously was Assistant Regional Counsel for the U.S. EPA, Region III. He is a New Jersey "Super Lawyer."

David B. Schwartzberg, Program Co-Chair, is President of Restera, LLC, a consulting company that uses innovative approaches to help industrial clients resolve their NRD liabilities. Previously, as Vice President, Health, Environment and Safety for ATOFINA Chemicals, Inc., he developed the concept of Restoration Banking, or Restoration Credit Pooling, as a way to effectively and economically resolve ATOFINA's NRD liability at the Commencement Bay Superfund Site.

James A. Bruen, a partner in Farella Braun + Martel LLP's Environmental Law and Product Law Departments, coordinates environmental litigation, serving as lead trial counsel in environmental enforcement and NRD litigation. He is listed as one of the top five environmental lawyers in California by "Chambers USA" and as one of the top 25 environmental lawyers in the country by "Best of the Best."

Michael Catania is the founder and President of Conservation Resources Inc., a non-profit conservation group which provides financial and technical assistance to the conservation community in New Jersey. He served as Deputy Commissioner of the NJ Department of Environmental Protection under three Commissioners and two Governors.

Rick Dunford, Ph.D., is the owner of Environmental Economics Services, LLC, a consulting firm specializing in NRD assessment. He has worked on more than forty NRD assessments and specializes in groundwater damages. He was a co-founder of Triangle Economic Research (TER), now a subsidiary of Blasland Bouck & Lee, Inc.

Michael B. Gerrard, is partner and head of Arnold & Porter LLP's New York office. He chaired the ABA Section of Environment, Energy, and Resources, received the most nominations to Legal Media Group's "Guide to the World's Leading Environmental Lawyers 2007," and taught at Columbia and Yale. He writes on climate change, environmental justice, CERCLA, brownfields, environmental impact review and facility siting.

Ray Givens, of Givens Law Firm, has a civil rights/public interest private practice, litigating high-profile voting rights, utility, water rights and employment rights cases. For thirteen years, he has represented the Coeur d'Alene Tribe in many areas including lake ownership, pollution cleanup, gaming and taxation.

William J. Hengemihle is Managing Director at LECG, LLC, where he provides arbitration, mediation and other ADR services for environmental cleanup and restoration projects. His assignments have addressed NRD claims at urban rivers and waterways. He worked as a mediator for NRD claims at the Hylebos Waterway portion of the Commencement Bay Nearshore/Tideflats Superfund Site.

Brian D. Israel, partner at Arnold & Porter LLP, specializes in environmental litigation and counseling. He represents corporations in matters involving contaminated properties, including toxic tort lawsuits and Natural Resource Damages claims.

Lanny S. Kurzweil, a partner at McCarter & English, LLP, represents oil, petrochemical, financial services and manufacturing companies in environmental matters. He handles cost recovery actions in environmental cases involving landfills, groundwater, soil contamination and underground storage tanks, and counsels clients on natural resource damages issues. He is listed in "Chambers USA" and "Super Lawyers."

Mark S. Laska, Ph.D., President at Great Eastern Ecology has extensive experience as an ecologist, focusing on terrestrial and wetland biology and ecological strategy for private sector clients. He also concentrates on NRD projects, helping clients leverage existing assets to offset financial penalties.

Eric G. Lasker, partner at Spriggs & Hollingsworth, specializes in environmental and toxic tort litigation. He has successfully litigated issues involving Daubert, the federal preemption defense, and NRD claims. His toxics expertise extends into international law and the defense of environmental terrorism claims.

Ken Lederman, a principal at Riddell Williams P.S., is a member of the Environmental and Natural Resources & Litigation and Alternative Dispute Resolution practice groups. He focuses on multi-party hazardous waste cost recovery and NRD litigation. Previously, he was an Assistant Attorney General in the Washington Department of Ecology. He has been named a "Rising Star" by "Washington Law & Politics Magazine."

Bradley M. Marten is the founder and managing partner of Marten Law Group. He was recognized as one of the Top Business Lawyers in Washington in "Seattle Business Monthly" and as one of the top environmental lawyers nationally in "Corporate Counsel Magazine." He has been recognized by "Seattle Magazine" as one of the best lawyers in Seattle, is a "Super Lawyer®" and has been listed in "The Best Lawyers in America" for over 10 years.

Stephen T. Parkinson, partner at Groff Murphy, focuses on environmental law including contaminated properties, cleanup and cost recovery actions under state and federal superfund law, NRD claims, and stormwater and wetlands issues. He is Chairman of the American Bar Association Committee on Superfund and NRD and has been named by "Washington CEO Magazine" as one of "Washington's Most Amazing Attorneys" and is listed as a "Super Lawyer."

Robert A. Taylor is Senior Counsel for Restoration at the National Oceanic and Atmospheric Administration (NOAA), responsible for providing national restoration and legal policy review for NRD assessment restoration plans developed by the Damage Assessment, Remediation and Restoration Program.

Theodore Tomasi, Ph.D., 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 NRD assessments.

Dale C. Young, Director of the NRD program for the Massachusetts Executive Office of Energy and Environmental Affairs, is the State Trustee delegate for NRD issues. She recovers claims, manages recoveries, implements restoration projects, coordinates activities with state and federal remedial agencies and is developing a comprehensive program initiative. Previously, she was Branch Chief in the Superfund program in the Massachusetts Department of Environmental Protection.