Law Seminars International Presents

The 9th Annual Two-Day Conference on

Wetlands in Washington

Major new developments in case law guidelines, permitting, protection, banking and mitigation

October 25 & 26, 2007
Renaissance Seattle Hotel in Seattle, WA
Register      Download PDF Brochure

Who Should Attend

Attorneys, environmental managers, real estate and land use professionals, tribal and governmental officials

Why Attend

The regulation of wetlands by local, state and federal agencies continues to evolve and create challenges for private development and public works projects. Recent guidance by the EPA and the U.S. Corps of Engineers, in response to the landmark U.S. Supreme Court's decisions in Rapanos v. U.S. and Carabell v. U.S., offers new approaches to determining the breadth of federal wetland jurisdiction. Recent decisions in the Washington Supreme Court and state appeals boards have created important benchmarks for complying with obligations to regulate critical areas using best available science. This seminar will address the impact of these and other recent decisions and their effect on government, business, and the environment. On Day 1 our distinguished faculty will focus on the Puget Sound Initiative, challenges to and successes of local government in implementing wetland regulations, the latest thinking on shoreline management and associated wetlands, and the controversy surrounding regulation of agriculture and aquaculture. An hour of ethics discussion concludes the first day, followed by a reception. Our second day focuses on federal issues including practical tips for operating under the new federal wetland jurisdiction guidance, insight into recently introduced federal wetland legislation, discussion of the newly released Nationwide Permits, and the implications of the recent listing of steelhead as a threatened species. Discussions of tribal and environmental perspectives will cap the program. This outstanding conference will provide legal and professional environmental practitioners with an in depth understanding of business opportunities and best practices within this new era of wetlands regulation. ~ Program Co-Chairs: Brent Carson, Esq. and Alison Moss, Esq.

What You Will Learn

~Developments in local, state and federal wetlands laws ~The Puget Sound Initiative's significance for wetland regulation ~Local wetlands regulation case studies ~Agricultural impacts of Critical Area Regulation ~Aquacultural impacts of Critical Areas Regulation ~Updated experiences under Shoreline Management Act: Round 1 ~Ethics in the wetlands administrative law context ~Practical tips for navigating Federal Clean Water Act jurisdiction ~ New nationwide permits ~Proposed federal wetlands legislation ~Wetland mitigation banking ~Endangered Species Act updates ~The tribal view of wetland protection ~Current environmental perspectives on wetland protection

Agenda

Thursday, October 25, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction to Day 1: Local and State Wetland Developments
  Brent Carson, Esq., Program Co-Chair
GordonDerr LLP / Seattle, WA
  Alison Moss, Esq., Program Co-Chair
Dearborn & Moss PLLC / Seattle, WA
8:45 am Special Opening Address: The Intersection of the Puget Sound Initiative and Wetland Regulation
  David Dicks, Executive Director
Puget Sound Partnership / Olympia, WA
9:30 am Case Studies in Local Wetland Regulation
  How do you come up with an ordinance as an alternative to Ecology’s model? Court cases and appeals process; lessons for other local governments on what worked and what did not from the legal, consultant, planner and regulatory agency perspectives
  The Island County Experience
  Paul R. Adamus, Ph.D., Principal
Adamus Resource Assessment, Inc. / Corvallis, OR
  Keith W. Dearborn, Esq.
Dearborn & Moss PLLC / Seattle, WA
  Jeff Tate, Assistant Director, Planning and Community Development
Island County / Coupeville, WA
11:00 am Break
11:15 am Case Studies (cont.)
  City of Kent
  Thomas C. Brubaker, Esq., City Attorney
City of Kent / Kent, WA
  City of Mt. Vernon
  A. W. Mackie, Esq.
Perkins Coie LLP / Olympia, WA
12:15 pm Lunch (On your own)
1:30 pm Critical Areas Regulation: Impacts on Agriculture
  Update on amendments to the Growth Management Act to deal with impact of critical areas; ESB5248; best management practices for agriculture; case law update
  Jay P. Derr, Esq.
GordonDerr LLP / Seattle, WA
  Kaleen Cottingham, Esq., State Policy Representative
Futurewise / Seattle, WA
2:15 pm Critical Areas Regulation: Impacts on Aquaculture
  Regulatory controls on shellfish aquaculture, a grower's perspective: New Corps permitting for shellfish farmers, ESA consultation, state stakeholder committee and shoreline guidelines and the interface between GMA resource lands and shellfish farming
  William Dewey, Public Affairs Manager
Taylor Shellfish Farms / Shelton, WA
2:45 pm Break
3:00 pm Shoreline Management Act Updates: Round 1 Experience
  Harry Reinert, Special Projects Manager
King County DDES / Renton, WA
  Hal H. Hart, AICP, Development Services Director
City of Woodinville / Woodinville, WA
  Nicole Faghin, Esq., Director of Planning and Environmental Services
Reid Middleton, Inc. / Everett, WA
4:15 pm Ethics
  Contact with agency, staff and attorneys: When is it appropriate?
  Kathryn L. Gerla, Esq.
Foster Pepper PLLC / Seattle, WA
5:15 pm Reception for Faculty and Attendees
  Sponsored by GordonDerr LLP and Dearborn & Moss PLLC

Friday, October 26, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction to Day 2: Federal Wetland Developments
  Brent Carson, Esq., Program Co-Chair
GordonDerr LLP / Seattle, WA
  Alison Moss, Esq., Program Co-Chair
Dearborn & Moss PLLC / Seattle, WA
8:45 am Case Law, Regulations and Guidance on Federal Clean Water Act Jurisdiction
  The new EPA/Corps joint guidance following the Rapanos and Carabell cases; practical tips for implementation; the role of science; high water marks and how to determine them; process for elevation of matters up to the EPA and how EPA plans to handle them
  Brent Carson, Esq., Program Co-Chair, Moderator
GordonDerr LLP / Seattle, WA
  Stephen L. Samuels, Esq., Assistant Section Chief
U.S. Department of Justice / Washington, DC
  M. Reed Hopper, Esq., Principal Attorney, Environmental Law Practice Group
Pacific Legal Foundation / Bellevue, WA
  Ankur Tohan, Esq., Assistant Regional Counsel
U.S. EPA, Region 10 / Seattle, WA
  Dyanne Sheldon, Manager, Natural Resources Group
Otak / Kirkland, WA
10:45 am Break
11:00 am new Nationwide Permits
  Re-issuance and revisions to Nationwide Permits; revised general conditions; Department of Ecology's perspective on new 401 Certifications and C2M determinations
  Roger A. Pearce, Esq.
Foster Pepper PLLC / Seattle, WA
11:45 am Lunch (on your own)
1:00 pm Proposed Federal Wetlands Legislation
  What's been introduced; who's pushing for what; the Clean Water Restoration Act of 2007
  Barry M. Hartman, Esq.
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Washington, DC
1:45 pm Wetland Mitigation Banking Update
  Status report; practical issues and strategies for success
  Theda Braddock, Esq., NRDA Business Development Leader
Westervelt Ecological Services / Steilacoom, WA
2:30 pm Endangered Species Act Update
  Recent litigation; steelhead as a newly listed endangered species; requirements for obtaining biological assessments
  James M. Lynch, Esq.
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA
3:00 pm Break
3:15 pm Tribal Perspective
  What local tribes are putting into action in wetland restoration, intervention and permitting
  Mason D. Morisset, Esq.
Morisset, Schlosser, Jozwiak & McGaw / Seattle, WA
4:00 pm Environmental Perspectives
  Jeffrey M. Eustis, Esq.
Aramburu - Eustis Law Offices / Seattle, WA
  Tim Trohimovich, Esq., Planning Director
Futurewise / Seattle, WA
5:00 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, October 19, 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 13 WA CLE credits including 1 ethics. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The conference 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 Corporate Code L64. If you have additional questions about the hotel, contact them directly at (206) 583-0300. 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 $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

Brent Carson, Program Co-Chair and partner at GordonDerr LLP, assists clients in complying with complex local, state and federal environmental regulations concerning wetlands, threatened and endangered species, air and water pollution, shoreline protection and zoning.

Alison Moss, Program Co-Chair and partner at Dearborn & Moss PLLC, focuses her practice on the Growth Management Act and federal, state, and local wetlands and fish and wildlife regulations and she wrote the "Washington Lawyers Practice Manual" on wetlands.

David Dicks, Special Address and recently appointed Executive Director of the Puget Sound Partnership, is a partner at Cascadia Law Group PLLC where he focuses on natural resource projects and has facilitated the development of numerous Habitat Conservation Plans under the Endangered Species Act. He was included in the 2007 edition of "The Best Lawyers in America."

Paul Adamus, Ph.D., wetlands scientist, wildlife biologist and Principal at Adamus Resource Assessment, Inc., is a freelance consultant and Assistant Professor at Oregon State University. He teaches wetland assessment to environmental professionals and has provided technical assistance to agencies throughout the United States.

Theda Braddock, NRDA Business Development Leader for Westervelt Ecological Services, works on natural resource damage restoration projects. She is the author of the "Washington Environmental Law Handbook", "Wetlands Regulation: Case Law, Interpretation & Commentary" and "Wetlands: An Introduction to Ecology, the Law, and Permitting."

Thomas C. Brubaker, City Attorney for the City of Kent, focuses on municipal law, land use and development issues, construction law and software contracts. He was integral in the Kent Station project success.

Kaleen Cottingham, State Policy Representative for Futurewise, participated in negotiations during the 2007 Washington state legislative session that led to the enactment of SB 5248 relating to agriculture and critical areas.

Keith W. Dearborn of Dearborn & Moss PLLC is a lawyer and planner specializing in environmental and planning issues in the Pacific Northwest. He has authored numerous articles including the "Washington Real Property Desk Book" chapters on Development Rights and the Growth Management Act.

Jay P. Derr, managing partner at GordonDerr LLP (previously Buck & Gordon LLP), practices in land use and environmental law and serves as Special Land Use Counsel for cities and counties throughout Washington. He is named in "The Best Lawyers in America" and a "Super Lawyer" by Washington Law & Politics.

Bill Dewey manages public affairs for Taylor Shellfish Farms of Shelton, Washington and has his own shellfish farm in Samish Bay. Taylor Shellfish Farms is one of the largest U.S. producers of farmed shellfish.

Jeffrey M. Eustis, Law Offices of J. Richard Aramburu and Jeffrey M. Eustis, is a Seattle attorney who concentrates in land use and environmental law.

Nicole Faghin is Reid Middleton, Inc.'s Director of Planning and Environmental Services and project manager for master planning, environmental documentation, and permitting of shoreline projects.

Kathryn L. Gerla is a member at Foster Pepper PLLC, where she practices land use and environmental law. Previously, she was a Senior Assistant Attorney General with the Washington State Attorney General's Office, where she represented the Departments of Ecology and Natural Resources.

Hal H. Hart is Development Services Director for the City of Woodinville. As Planning and Development Services Director for Whatcom County, he oversaw the completion of the Shoreline Master Program and Phase 1 of the Birch Bay Beach Restoration Project.

Barry M. Hartman, partner at Kirkpatrick & Lockhart Preston Gates Ellis LLP, engages in a national litigation and counseling practice involving federal environmental regulation. Previously he served in the U.S. Department of Justice and on the Domestic Policy Council Wetlands Task Force.

M. Reed Hopper, Principal Attorney of Pacific Legal Foundation's Environmental Law Practice Group and successful lead counsel in the recent U.S. Supreme Court Rapanos case, oversees Pacific Legal Foundation's Endangered Species and Clean Water Act litigation.

James M. Lynch, of counsel with Kirkpatrick & Lockhart Preston Gates Ellis LLP, focuses on regulatory compliance and environmental law and advises industry associations on ESA compliance and permitting.

A.W. "Sandy" Mackie is a partner at Perkins Coie LLP where he practices land use, environmental and municipal law. His clients include counties and private companies.

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

Roger A. Pearce is the chair of the Environmental and Land Use Practice Group at Foster Pepper PLLC. He focuses his practice on land use permitting and litigation for both public and private clients.

Harry Reinert, Special Projects Manager of the King County Department of Development and Environmental Services, works on ESA, environmental and legislative issues.

Stephen L. Samuels is an Assistant Section Chief in the Environmental Defense Section of the U.S. Department of Justice. He supervises federal civil environmental litigation, including affirmative and defensive cases under Section 404.

Dyanne Sheldon, Manager of Otak's Natural Resource Group, is the former Principal of Sheldon & Associates, Inc and has experience as a wetland ecologist and biologist.

Jeff Tate, Assistant Director of Island County Planning and Community Development, has been involved in coordinating Island County's critical areas protection program.

Ankur Tohan, Assistant Regional Counsel for the U.S. EPA, Region 10, works on enforcement and permitting actions under the Clean Water Act. Before joining the EPA, he was an Assistant Attorney General with the Washington State Attorney General's Office.

Tim Trohimovich is Planning Director for Futurewise, a citizen's group that promotes healthy communities and cities while protecting working farms and forests for this and future generations.