Law Seminars International Presents: A Comprehensive One-Day Workshop on Washington's

Model Toxics Control Act
New developments in implementation, litigation and legislation

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May 12, 2008
Renaissance Seattle Hotel in Seattle, WA

Who Should Attend

Lawyers, developers, environmental professionals, corporate managers, engineers, architects, city and county officials and anyone involved with developing contaminated property

Why Attend

The Washington State Department of Ecology's implementation of the Model Toxics Control Act continues to evolve. This seminar will explore new issues, including how Ecology might use MTCA for source control at urban sediment sites like the Duwamish and more broadly for cleaning up sites along Puget Sound.

This seminar will also address long-standing issues such as Ecology's implementation of the 2001 Rule Amendments and the changing Voluntary Cleanup Program. Lawyers, consultants, environmental groups, and parties involved with cleanups will want to hear the latest developments concerning issues they may have when conducting cleanup of contaminated property.

~ Rodney L. Brown, Jr., Esq. and Gillis E. Reavis, Esq., Program Co-Chairs

You Will Learn About

Agenda

Monday, May 12, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Rodney L. Brown, Jr., Esq., Program Co-Chair
Cascadia Law Group PLLC / Seattle, WA

Gillis E. Reavis, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA

 
8:45 am

Washington's Model Toxics Control Act (MTCA) - New Developments This Year

Rodney L. Brown, Jr., Esq., Program Co-Chair
Cascadia Law Group PLLC / Seattle, WA

Dave Bradley, Manager, Information and Policy Section, Toxics Cleanup Program
Washington State Department of Ecology / Olympia, WA

 
9:45 am

MTCA Litigation Update

What is happening with the statute of limitations, substantial equivalence, joint and several liability and other thorny MTCA litigation issues?

Gillis E. Reavis, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA

 
10:15 am

Break

 
10:30 am

MTCA Legislative Update

What happened in the legislature this year? Who has been pushing for what? How have the politics played out? What to expect in the next session; liability for rights of way

Steven J. Thiele, Esq.
Stoel Rives LLP / Seattle, WA

 
11:00 am

The Puget Sound Initiative

New directions for cleanups near Puget Sound; new funding sources

Jim Pendowski, Program Manager, Toxics Cleanup Program
Washington State Department of Ecology / Olympia, WA

 
11:30 am

Financial and Legal Guarantees For Cleanups

How to navigate current financial assurance requirements, liens and restrictive covenants; responding to and dealing with corporate bankruptcy; legislative developments at federal and state level; protecting your client for the short- and long-term.

Ken Lederman, Esq.
Riddell Williams P.S. / Seattle, WA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Key Cleanup Issues for Air, Soil, Groundwater, Surface Water and Sediment

How are current issues affecting cleanup decisions? What about changes in the PAH and dioxins calculations, use of the air pathway, impact of special populations, uncertainties and unknowns in the underlying science? When is clean too clean?

Teri Floyd, Ph.D., Principal
Floyd | Snider / Seattle, WA

Kris Hendrickson, P.E., Principal
Landau Associates Inc. / Edmonds, WA

 
2:30 pm

Break

 
2:45 pm

Real Estate Deals, the Path to Closure and Voluntary Cleanups

All Appropriate Inquiries Rule; No Further Action Letters; and the Voluntary Cleanup Program

Charles R. Wolfe, M.R.P., Esq.
Attorney at Law / Seattle, WA

 
3:30 pm

Source Control and Stormwater - Duwamish River Case Study

Which agency is in charge for source control? For recontamination prevention; for CSOs and municipal wastewater; for urban and industrial stormwater; for upland property issues?

Martin Baker, Strategic Advisor
Seattle Public Utilities - Director's Office / Seattle, WA

Which agency is in charge for source control? For recontamination prevention; For CSOs and municipal wastewater; For urban and industrial stormwater; For upland property issues?

Joshua M. Lipsky, Esq.
Cascadia Law Group PLLC / Seattle, WA

 
5:00 pm

Evaluations and Adjourn

 

Tuition

Regular tuition for this program is $595 with a group rate of $520 each for two or more registrants from the same firm. For government employees, we offer a special rate of $445. For students and people in their job for less than a year, our rate is $297.50. 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 Tuesday, May 6, 2008. 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 6.5 WA CLE and 7.5 WA Appraiser and Real Estate credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The workshop 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.
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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 $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

Rodney L. Brown, Jr., Program Co-Chair, founder and partner of Cascadia Law Group PLLC, specializes in environmental law. He has worked on significant environmental cases in the Northwest, including most of the region's Superfund cleanups, the permitting of major industrial and municipal facilities and the development of large-scale Brownfields properties. He was principal author of Washington's Model Toxics Control Act and has been listed in "Best Lawyers in America."

Gillis E. Reavis, Program Co-Chair, member of Foster Pepper PLLC, focuses on environmental litigation, including hazardous waste cleanup, water quality, insurance coverage for policyholders, toxic torts and class action litigation. He has been named a "Super Lawyer" by "Washington Law & Politics."

Martin Baker, Strategic Advisor to the Director, Seattle Public Utilities, responsible for policy/regulatory negotiations related to water, drainage and sewerage issues. He has been involved in the Duwamish Superfund site, Gas Works Sediment MTCA site, Cedar River Habitat Conservation Plan, Muckleshoot Indian Tribe Cedar River Settlement Agreement, and Seattle's Storm Water MS4 permit.

Dave Bradley, Manager of the Information and Policy Section within Washington State Department of Ecology's Toxics Cleanup Program, has worked as manager and toxicologist in several Ecology programs. He wrote the original MTCA cleanup standard rules adopted in 1991.

Teri Floyd, Ph.D., Principal at Floyd | Snider, is a professional chemist and environmental systems analyst who specializes in project management for sites and projects with interwoven regulatory, business and technical challenges. She is experienced in managing investigation and remediation projects under CERCLA, RCRA, MTCA, and the CWA.

Kris Hendrickson, Principal at Landau Associates Inc., assisted with development of the MTCA regulations as a member of Washington State Department of Ecology's external work groups, where her practice focuses on cleanup and redevelopment of contaminated property and litigation support including allocation of cleanup costs.

Ken Lederman, Principal at Riddell Williams P.S., member of the Environmental and Natural Resources Practice Group and the Complex Litigation Practice Group, specializes in hazardous waste remediation projects and multi-party cost-recovery litigation, with a focus on complex sediment sites and natural resource damages.

Joshua M. Lipsky, partner with Cascadia Law Group PLLC, advises clients on real estate transactions involving contaminated property, hazardous substance cleanup and cost recovery and regulatory compliance questions arising under hazardous waste management laws.

Jim Pendowski, Program Manager for the Toxics Cleanup Program at the Washington State Department of Ecology, is involved in waste management, cleanup and redevelopment issues at the state and local government level.

Steven J. Thiele, of counsel with Stoel Rives LLP, focuses on hazardous waste, land use and environmental issues for both public and private interests. Previously, he was chief toxics cleanup attorney for the Washington State Attorney General's Office, Ecology Division and was named "Super Lawyer" by "Washington Law & Politics."

Charles R. Wolfe, M.R.P., focuses on redevelopment and Brownfields issues and related due diligence, permitting, negotiation and administrative advocacy. He has been named a "Washington Law & Politics" "Super Lawyer."