Law Seminars International Presents

National Advanced Conference on

Natural Resource Damages Litigation

July 16 & 17, 2007
Eldorado Hotel in Santa Fe, NM
Order      Download PDF Brochure

Who Should Order Homestudy

Attorneys, consultants, governmental and tribal officials, and corporate managers

Why Order

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 senior 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: James A. Bruen, Esq. and Michael Campbell, Esq.

What You Will Learn

~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?

What Attendees Said

~ "It was a great seminar!" Ms. Marilee J. Allan, Esq., Bingham McCutchen LLP ~ I really enjoyed and learned from this seminar. You have a great variety of speakers. The topics did not overlap too much. Kudos to your speakers! ~ Impressive line-up of speakers. ~ Excellent faculty, very thorough.

Agenda

Monday, July 16, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  James A. Bruen, Esq., Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA
  Michael Campbell, Esq., Program Co-Chair
Holland & Hart LLP / Santa Fe, NM
8:45 am The U.S. Department of Justice's Perspective of Natural Resource Damage (NRD) Claims
  The federal process, key cases, and current events
  John C. Cruden, Deputy Assistant Attorney General
U.S. Department of Justice / Washington, DC
9:15 am Sources, Nature, and Relative Strength of NRD Claims
  State trustee's perspective
  Stephen R. Farris, Esq., Assistant Attorney General, Director of Water, Environment and Utilities
Office of the Attorney General / Santa Fe, NM
  Tribal perspective
  Sandra A. Kearney, Esq.
Farella Braun + Martel LLP / San Francisco, CA
10:15 am Outside Counsel for Trustees: Trying to Shoot the Messenger
  John K. Dema, Esq.
Law Offices of John K. Dema, P.C. / Christiansted, VI
11:00 am Break
11:15 am Determining Natural Resource Injury and Strategies for Conducting/Resisting NRD Assessments
  Assessment of injury as the foundation of a NRD claim; evolving methodologies employed by trustees to establish injury and potential defenses; issues related to the assessment process including cooperative assessments
  Richard O. Curley, Jr., Esq.
Holland & Hart LLP / Denver, CO
  Michael R. Thorp, Esq.
Heller Ehrman LLP / Seattle, WA
12:15 pm Lunch (on your own)
1:30 pm Lessons Learned from Managing Complex NRD Cases
  Evaluating the claim for management; establishing the in-house team to manage litigation; selecting counsel and experts; helping not hindering in strategy and litigation review; trusting the team
  Stephen D. Ramsey, Vice President, Corporate Environmental Programs
General Electric Company / Fairfield, CT
  William V. Killoran, Jr., Senior Vice President and Counsel, Environmental Health Services
GE Commercial Aviation Services / Stamford, CT
  Michael Campbell, Esq., Program Co-Chair
Holland & Hart LLP / Santa Fe, NM
2:30 pm Economic Valuation of Natural Resource Damages
  Trustee's perspective
  Jeffrey R. Wakefield, Ph.D., Environmental Economic Consultant
ENTRIX, Inc. / New Castle, DE
  Defendant's perspective
  William H. Desvousges, Ph.D., President
W. H. Desvousges & Associates / Raleigh, NC
3:30 pm Break
3:45 pm Rule 702/Daubert and NRD
  Rule 702/Daubert standards for admissibility of expert opinions in the NRD context; lessons learned from recent litigation
  Donald W. Fowler, Esq.
Spriggs & Hollingsworth / Washington, DC
4:30 pm Counterclaims and Third Party Claims
  Angus Macbeth, Esq.
Sidley Austin LLP / Washington, DC
5:15 pm Reception for Attendees and Faculty sponsored by Farella Braun + Martel LLP and Holland & Hart LLP

Tuesday, July 17, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  James A. Bruen, Esq., Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA
  Michael Campbell, Esq., Program Co-Chair
Holland & Hart LLP / Santa Fe, NM
8:45 am 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
  Brian D. Israel, Esq.
Arnold & Porter, LLP / Washington, DC
9:30 am Settlement of NRD Litigation
  Trustee's perspective
  Allan Kanner, Esq.
Kanner & Whiteley, LLP / New Orleans, LA
  Defendant's perspective
  Bradley M. Marten, Esq.
Marten Law Group PLLC / Seattle, WA
10:45 am Break
11:00 am Defenses to Claims of Natural Resource Damages
  New twists on conflict preemption; CERCLA 113(h), CERCLA 107 defenses and state claim defenses
  James A. Bruen, Esq., Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA
11:45 am What's Next in NRD Litigation?
  An overview of current NRD litigation and its impact on possible future actions; what federal and state trustees may do next
  Ira Gottlieb, Esq.
McCarter & English, LLP / Newark, NJ
12:30 pm Evaluations and Adjourn

Cancellation

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

Continuing Education Credits

This program qualifies for 9.5 NM 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 $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

James A. Bruen, Program Co-Chair, partner with Farella Braun + Martel LLP, specializes in representation of industry, universities and governmental institutions in complex domestic and international products and environmental counseling and litigation. He was an Enforcement Attorney for the FCC, an Assistant U.S. Attorney for the Northern District of California, and Chief of the U.S. Attorney's Civil Division, and is named one of the top 25 environmental lawyers in the country.
Full bio and contact info for James A. Bruen at Farella Braun + Martel LLP

Michael Campbell, Program Co-Chair, is a partner with Holland & Hart LLP, where he specializes in natural resources and environmental litigation.
Full bio and contact info for Michael Campbell at Holland & Hart LLP

John C. Cruden is Deputy Assistant Attorney General, Environment and Natural Resources Division, with the U.S. Department of Justice, where he supervises federal natural resource damage actions.

Richard O. Curley, Jr., partner with Holland & Hart LLP, specializes in CERCLA and state law equivalent remediation matters and advocacy relating to legislative and regulatory reform of CERCLA, natural resource damages and cost recovery litigation, and criminal and civil litigation concerning claims under RCRA, the Clean Water Act and TSCA.

John K. Dema, founder of Law Offices of John K. Dema, P.C., concentrates in natural resource damage recoveries on behalf of Trustees of Natural Resources, with specialization in groundwater and marine resources. He was appointed lead counsel in the In Re: Tutu Wells Contamination Litigation, District Court of the Virgin Islands.

William H. Desvousges, President of W. H. Desvousges & Associates in Raleigh, NC, has led major NRDA valuations, co-authored the economic handbook for the Department of Interior regulations, and is admitted as an expert in measuring NRD groundwater injuries in federal court.

Stephen R. Farris is an Assistant Attorney General for the State of New Mexico and Director of the Water, Environment and Utilities Division. He specializes in water law and is the supervising attorney for the Office of the Natural Resources Trustee.

Donald W. Fowler, partner with Spriggs & Hollingsworth, concentrates his environmental practice on the defense of litigation brought by federal and state natural resource trustees and matters arising under RCRA and Superfund. Previously he was with the Land and Natural Resources Division of the Department of Justice and the National Oceanic and Atmospheric Administration.

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 2005," and taught at Columbia and Yale. He writes on climate change, environmental justice, CERCLA, brownfields, environmental impact review, and facility siting.

Ira Gottlieb, partner with 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 was Assistant Regional Counsel for the U.S. EPA, Region III.

Brian D. Israel, partner with 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. He is the author of the "Natural Resource Damages" chapter in the Environmenal Law Practice Guide and other publications including a 50-state survey of NRD programs. Previously he was a Honors Trial Attorney in the Environmental Enforcement Section of the U.S. Department of Justice.

Allan Kanner, founder and senior member of Kanner & Whiteley, LLP, focuses on environmental law, toxic tort, commercial litigation, consumer fraud and complex class action suits. He represents states and tribes in NRD matters, writes extensively on the subject, and is author of "Environmental and Toxic Tort Trials" and a principal author of "Louisiana Judges' Complex Litigation Bench Book."

Sandra A. Kearney, partner with Farella Braun +Martel LLP, heads the firm's Product Law Practice. In her litigation practice, Ms. Kearney represents corporate clients in a variety of areas, including citizen suits, private attorney general actions, and matters involving FIFRA, RCRA and Proposition 65. She is a former prosecutor with the San Francisco District Attorney's Office, and is the Co-Chair of the Environmental Litigation Committee, Section of Litigation, ABA.

William V. Killoran, Jr., is Senior Vice President and Counsel of Environmental Health Services for GE Commercial Aviation Services.

Angus Macbeth, senior counsel and head of the Environmental Law Practice Group at Sidley Austin LLP, is experienced in RCRA, all aspects of EPA's administration of the Clean Air Act and the Clean Water Act. Previously, he was Chief of the Pollution Control Section and Deputy Assistant Attorney General in the Department of Justice Land and Natural Resources Division.

Bradley M. Marten, founder and managing partner of Marten Law Group PLLC, 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.

Stephen D. Ramsey, Vice President of Corporate Environmental Programs for General Electric Company, manages the development and implementation of GE's environmental health and safety policies, management systems and programs. He was First Chief of the Environmental Enforcement Section at the U.S. Department of Justice.

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.

Jeffrey R. Wakefield, Ph.D. is an Environmental Economic Consultant with ENTRIX, Inc.

Firm Links

Farella Braun + Martel LLP
Holland & Hart LLP
W. H. Desvousges & Associates