Law Seminars International Presents: An Important Two-Day Annual Conference on

Clean Water and Stormwater
2008 regulations and compliance strategies

Order Download PDF Brochure

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

June 5 & 6, 2008
Washington State Convention and Trade Center in Seattle, WA

Who Should Order This Homestudy

Lawyers, governmental and tribal officials, real estate professionals, consultants, engineers and planners

Why Order

Stormwater regulation enters a new era in Washington. Puget Sound Partnership implementation efforts will sharpen the region's attention on stormwater management in the coming years. The 2007 Phase I and II municipal stormwater permits are under administrative review. The Industrial Stormwater General Permit is subject to renewal by May 2008, and stormwater is the prime suspect in the health of Puget Sound.

There is a clear direction towards treatment and compliance with numeric standards. Compliance will be a significant challenge to many businesses, and there will be particular challenges for municipalities in controlling the uncontrollable.

We have assembled representatives of state, federal and local governments, consultants and practitioners to provide practical suggestions and insights on managing these compliance and other Clean Water Act issues.

~ Michael P. O'Connell, Esq. and James A. Tupper, Jr., Esq., Program Co-Chairs

You Will Learn About

Agenda

Thursday, June 05, 2008

8:00 am

Registration & Continental Breakfast

 
8:30 am

Introduction & Overview

Michael P. O'Connell, Esq., Program Co-Chair
Stoel Rives LLP / Seattle, WA

James A. Tupper, Jr., Esq., Program Co-Chair
Tupper Mack Brower PLLC / Seattle, WA USA

 
8:45 am

Opening Address: The Puget Sound Partnership

Water quality and the Puget Sound Partnership's progress on developing a cleanup plan for Puget Sound; the impact of stormwater on the health of Puget Sound and implications for managing stormwater

Josh Baldi, Special Assistant to the Director
Washington State Department of Ecology / Olympia, WA

 
9:30 am

Successful Stormwater Regulation: How Are We Doing?

Environmental perspective on success of stormwater regulation and permit conditions in achieving water quality standards that protect beneficial uses of our waters; role of citizen suit actions to enforce water quality permits

Sue Joerger, Sound Keeper & Executive Director
Puget Soundkeeper Alliance / Seattle, WA

Richard A. Smith, Esq.
Smith & Lowney PLLC / Seattle, WA

 
10:15 am

Break

 
10:30 am

Municipal Stormwater Permits: Critical Issues in Phase I and II Municipal Stormwater Permit Appeals Before the Pollution Control Hearings Board

Update on Phase I development and implementation of stormwater management programs and Phase II federal minimum requirerments for the scope of the permits and content of the related stormwater management program to be developed by each permittee

Lori A. Terry, Esq., Moderator
Foster Pepper PLLC / Seattle, WA

Update on Phase I development and implementation of stormwater management programs and Phase II federal minimum requirements for the scope of the permits and content of the related stormwater management program to be developed by each permittee

Theresa R. Wagner, Esq., Senior Assistant City Attorney
Seattle City Attorney's Office / Seattle, WA

Jan Erik Hasselman, Esq.
Earthjustice / Seattle, WA

Tad H Shimazu, Esq.
Williams, Kastner & Gibbs PLLC / Seattle, WA

 
11:45 am

New Industrial Stormwater General Permit Overview

Introduction to significant changes in 2008 ISGP including applications to modify coverage, new monitoring and sampling requirements, benchmarks, reporting and corrective actions. What does the permit regulate? Who must apply for the permit?

James A. Tupper, Jr., Esq., Program Co-Chair
Tupper Mack Brower PLLC / Seattle, WA USA

 
12:30 pm

Lunch (on your own)

 
1:45 pm

Industrial Stormwater General Permit Strategies for Permit Compliance

Updating a Stormwater Pollution Prevention Plan under the new guidelines; implementing new sampling and reporting requirements; parties affected by quarterly sampling and SWPPP requirements; other significant changes and who they affect

Nathan A. Graves, VP & Environmental Scientist
Kennedy/Jenks Consultants / Federal Way, WA

 
2:30 pm

Industrial Stormwater General Permit Corrective Actions

When a facility has to take corrective action and prepare an engineering report; contents and time constraints; latest treatment technologies; the nationwide permits, how they differ and affect local facilities

Neil R. Alongi, P.E., Vice President & Principal Engineer
Maul Foster Alongi, Inc. / Vancouver, WA

 
3:15 pm

Break

 
3:30 pm

Copper Treatment Study Under the Boatyard Permit

Results of the joint pilot study of available technologies to control copper in runoff: What was learned? What's different from the previous permit? What are the monitoring requirements? What happens with exceedence of limits or benchmarks?

Kenneth Taylor, President
KTA Associates, Inc. / Seattle, WA

 
4:15 pm

Citizen Suits and Stormwater General Permits

Clean Water Act stormwater general permits issued by Ecology and citizen suits

Beth S. Ginsberg, Esq.
Stoel Rives LLP / Seattle, WA

 
5:00 pm

Reception sponsored by Stoel Rives LLP and Tupper Mack Brower, PLLC

 

Friday, June 06, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Michael P. O'Connell, Esq., Program Co-Chair
Stoel Rives LLP / Seattle, WA

James A. Tupper, Jr., Esq., Program Co-Chair
Tupper Mack Brower PLLC / Seattle, WA USA

 
8:45 am

The U.S. Army Corps of Engineers 2007 Nationwide Permits and the RGL 07-02 Permit Exemption for Certain Ditches

Update on the Corps' 2007 Nationwide Permits, including regional and conditions affecting their use, and the Regulatory Guidance Letter 07-02 on permit exemptions for construction or maintenance of irrigation ditches and maintenance of drainage ditches

Michael P. O'Connell, Esq., Program Co-Chair
Stoel Rives LLP / Seattle, WA

 
9:30 am

Implications of the Pinto Creek Case

What are the implications of the Ninth Circuit Pinto Creek ruling on numeric effluent limitations and compliance schedules? How does this decision impact TMDL implementation plans and NPDES permitting?

Craig S. Trueblood, Esq.
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA

 
10:15 am

Break

 
10:30 am

The Evolving Law of Corps Jurisdiction: Post-Rapanos Guidance on Jurisdiction Over Ephemeral and Intermittent Waters

Practical impacts on preparation of jurisdictional delineations and mitigation plans for discharges to ephemeral and intermittent streams: Is the effect of the Rapanos decision and guidance limited to CWA Section 404, or all programs under the CWA?

Jeffrey B. Kray, Esq.
Marten Law Group / Seattle, WA

 
11:15 am

Litgation Update

Steven G. Jones, Esq.
Marten Law Group / Seattle, WA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Spokane River Dissolved Oxygen TMDL: The Department of Ecology's Controversial 2007 Draft TMDL and Draft NPDES Permits for Several Washington Municipalities

What are the key issues in this debate and how will it impact TMDL development and NPDES permitting in other areas of the state?

Richard K. Eichstaedt, Esq.
Center For Justice / Spokane, WA

Dave Peeler, Water Quality Program Manager
Washington State Department of Ecology / Olympia, WA

 
2:15 pm

Toxic Loadings to Puget Sound and Puget Sound Monitoring Program: Update on Phase I of the Joint Department of Ecology and Partnership for Puget Sound Effort to Develop A Cleanup Action Plan

Implications of the Department's November 2007 estimate of toxic loading for Puget Sound and the department's approach to coordinating a water monitoring program

James M. Maroncelli, Enviromental Scientist, Water Quality Program
Washington State Department of Ecology / Olympia, WA

Addressing Toxics in Puget Sound: A Good Start, But Just a Start

Tracy K. Collier, Ph.D., Director of Enviromental Conservation Division
National Oceanic and Atmospheric Association / Seattle, WA

 
3:00 pm

Break

 
3:15 pm

Endangered Species Act and Stormwater

Stormwater impacts to listed species case studies from transportation projects in Washington; How to address stormwater treatment in Section 7 (ESA) consultations

Michael Grady, Policy Analyst & Transportation Branch Chief
National Oceanic and Atmospheric Association / Seattle, WA

 
4:00 pm

Ethical Considerations in Dealing with Administrative Agencies

Contact with agency, staff and attorneys: When is it appropriate?

Thomas M. Fitzpatrick, Esq.
Talmadge/Fitzpatrick PLLC / Tukwila, WA

 
5:00 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 13 WA CLE credits including 1 ethics. 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

Michael P. O'Connell, Program Co-Chair, partner at Stoel Rives LLP, advises clients on stormwater, Corps of Engineers, and other permits for large projects, cultural and paleontological resources, water rights and business transactions with Indian tribes.

James A. Tupper Jr., Program Co-Chair, partner with Tupper Mack Brower PLLC, focuses on environmental and land use law, with an emphasis on water quality, water resources, and shoreline development. He is recognized as a "Super Lawyer" by Washington Law & Politics.

Josh Baldi, Opening Address, is Special Assistant to the Director at Washington State Department of Ecology. His portfolio includes Puget Sound, mitigation, monitoring, land use and salmon recovery. Previously he worked in the environmental advocacy community at the Washington Environmental Council.

Lori A.Terry, Moderator and partner with Foster Pepper PLLC, focuses on water quality/resources, environmental law, transportation and infrastructure permitting, complex facility siting, and environmental litigation. She has been named a "Super Lawyer" by Washington Law & Politics.

Neil R. Alongi, Vice President and Principal Engineer of Maul Foster Alongi, Inc., is experienced in stormwater treatment technology, management, corrective action alternatives and NPDES permit compliance approaches.

Tracy K. Collier, Ph.D. and Director of Environmental Conservation Division of NOAA's Northwest Fisheries Science Center, supervises a research team of 80 scientists who focus on watershed processes, ecotoxicology, enviromental chemistry, and marine biotoxins.

Rick Eichstaedt serves as the Spokane River attorney for the Center for Justice, representing organizations that work to protect and restore the Spokane River watershed, including the Spokane-Rathdrum Aquifer, Coeur d'Alene Lake and Lake Roosevelt. Previously, he represented the Nez Perce Tribe in Idaho on a variety of environmental, natural and cultural resource, and treaty-right protection cases.

Thomas M. Fitzpatrick, partner at Talmadge/Fitzpatrick PLLC, focuses on professional responsibility, municipal law, land use and environmental litigation. He has been named a "Super Lawyer" by Washington Law & Politics,

Beth S. Ginsberg, partner at Stoel Rives LLP, focuses on environmental, wildlife and natural resource litigation, permitting, and counseling. She has been named a "Super Lawyer" by Washington Law & Politics and as one of the Top 50 Women Lawyers in Washington.

Michael Grady, Policy Analyst and Transportation Branch Chief at NOAA Fisheries, oversees consultations under the Endangered Species Act with local, state, and federal agencies on transportation projects.

Nathan Graves, Vice President of Kennedy/Jenks Consultants, focuses on water quality, environmental compliance, site cleanup and strategic management of projects.

Jan Hasselman, an attorney at Earthjustice, focuses on national and regional issues including stormwater, endangered species listings, public lands, pesticides and hydroelectric dams.

Sue Joerger, Executive Director of the Puget Soundkeeper Alliance, has worked as a program manager at the Center for Streamside Studies at the University of Washington, and a technical writer/editor at the NOAA Fisheries' Northwest Fisheries Science Center.

Steven G. Jones, partner at Marten Law Group and chair of the firm's Litigation Department, focuses on complex environmental litigation. He is listed as a "Super Lawyer" by "Washington Law and Politics."

Jeffrey B. Kray, partner at Marten Law Group, focuses on water resources and environmental, civil, and appellate litigation. He has been named a "Super Lawyer" by Washington Law & Politics.

James M. Maroncelli, Enviromental Scientist with the Washington State Department of Ecology, Water Quality program, manages Phase 1 and Phase 2 Puget Sound Toxics Loading Studies. He has developed strategies to manage potential liabilities from State and Federal TMDL rulings.

David Peeler, Water Quality Program Manager for the Washington State Department of Ecology, oversees setting water quality standards, assessing the condition of the State's waters, and monitoring the control of water pollution from industrial and municipal discharges, forestry, agriculture and stormwater.

Tad H. Shimazu, of counsel at Williams, Kastner & Gibbs PLLC, focuses on environmental law and litigation, and advises on environmental compliance and permitting issues, with an emphasis on water quality and NPDES permits.

Richard A. Smith, managing attorney at Smith & Lowney PLLC, represents environmental and community groups in litigation involving pollution and natural resource issues.

Kenneth Taylor, President and Environmental Engineer of KTA Associates, Inc., manages environmental compliance and restoration programs, and is experienced in the development and implementation of Environmental Management Systems.

Craig S. Trueblood, partner at Kirkpatrick & Lockhart Preston Gates Ellis LLP, practices environmental, land use and real estate law, including litigation. He focuses on air and water quality, natural resources restoration, and NEPA/SEPA.

Theresa R. Wagner, senior assistant city attorney with the Environmental Protection Section of the Seattle City Attorney's Office, represents the City in environmental compliance and enforcement, environmental contracting and litigation, and health and safety compliance.