Law Seminars International Presents

An Advanced One-Day Workshop on

SEPA & NEPA

The latest on the compliance process from developing proposals through judicial review
Featuring Jay J. Manning, Director, Department Of Ecology and David Dicks, Executive Director, Puget Sound Partnership

January 16, 2008
Red Lion Hotel in Seattle, WA
Register      Download PDF Brochure

Who Should Attend

Attorneys, legal advisors, environmental professionals, developers and government representatives

Why Attend

This workshop will cover the entire range of SEPA/NEPA compliance processes, from developing proposals and alternatives through judicial review, for both project and non-project actions. The program will be oriented to proposals large and small, addressing exemption determinations, mitigated DNSs, FONSIs and EISs, and will include perspectives of government agencies, proponents and opponents. In recognition of the interdisciplinary nature of SEPA/NEPA compliance teams, the respective roles of lawyers, environmental professionals and governmental officials will be a pervasive theme, as will similarities and differences between SEPA, NEPA, GMA and joint compliance processes. ~ Program Co-Chairs: Rodney L. Brown, Jr., Esq. and Richard L. Settle, Esq.

What You Will Learn

~Case law updates ~The consolidated permit appeal process ~Administrative and statutory categorical exemptions ~SEPA/NEPA and climate change ~Cumulative impacts analysis ~Designing SEPA/NEPA compliance for major projects ~EIS design and preparation ~SEPA and GMA integration

Agenda

Wednesday, January 16, 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
  Richard L. Settle, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA
8:45 am SEPA/NEPA Case Law Update
  SEPA
  Richard L. Settle, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA
  NEPA
  David Dicks, Esq., Executive Director
Puget Sound Partnership / Olympia, WA
9:45 am SEPA and the Consolidated Permit Appeal Process, Administrative Appeals and Judicial Review
  Local issues (Brightwater); general requirement for consolidation
  Jennifer Dold, Esq.
Bricklin Newman Dold, LLP / Seattle, WA
10:15 am Break
10:30 am SEPA Administrative and Statutory Categorical Exemptions, Defining the Proposal and Cumulative Impacts
  SEPA/GMA integration; infill development; cumulative impacts
  John C. McCullough, Esq.
McCullough Hill, PS / Seattle, WA
  Urban/Forest interface
  Cheryl Nielson, Esq., Assistant Attorney General
Washington State Office of the Attorney General / Olympia, WA
11:30 am SEPA/NEPA and Climate Change
  New policy initiatives at the state and local levels
  Jay J. Manning, Esq., Director
Washington State Department of Ecology / Olympia, WA
  Jim Lopez, Esq., Deputy Chief of Staff
King County Executive Office / Seattle, WA
12:30 pm Lunch (on your own)
1:45 pm Writing the Perfect Cumulative Impacts Analysis Under SEPA and NEPA
  A six-part model for those who write or review EAs and EISs, combining science and the law
  Owen L. Schmidt, Esq.
Owen L. Schmidt LLC / Portland, OR
2:30 pm Designing SEPA/NEPA Compliance for Major Projects
  Defining the action; joint SEPA/NEPA review; phased reviews; single process; regulatory reform (RCW 43.21C.240 and planned actions)
  Lloyd Skinner, AICP, Northwest Regional Director
ESA Adolfson / Seattle, WA
  What to do when you know litigation is coming
  J. Tayloe Washburn, Esq.
Foster Pepper PLLC / Seattle, WA
3:30 pm Break
3:45 pm EIS Design and Preparation
  The roles of the legal advisor, environmental consultant and responsible official; the use of existing analyses; phased review; EIS supplementation and addenda; the comment process; regulatory reform; and SEPA/NEPA integration
  G. Richard Hill, Esq.
McCullough Hill, PS / Seattle, WA
  Richard Weinman, Esq.
Weinman Consulting, LLC / Mercer Island, WA
4:45 pm SEPA and GMA Integration
  For the comprehensive plan update, planned actions and unique clauses within the GMA
  Shane Hope, AICP, Plannng and Development Director
City of Mountlake Terrace / Mountlake Terrace, WA
5:30 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 Wednesday, January 9, 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 7 WA CLE 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 Red Lion Hotel at 1415 Fifth Avenue in Seattle, WA 98101. Call the hotel directly at (206) 971-8000 for reservations. Rooms are on a first come, first served basis.
More about the Location

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 of Cascadia Law Group PLLC, specializes in environmental law. He worked on 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 Superfund law and the Model Toxics Control Act, and was listed in Best Lawyers in America.

Richard L. Settle, Program Co-Chair and of counsel at Foster Pepper PLLC, practices land use and environmental law, including SEPA/NEPA law and litigation. He is Professor of Law Emeritus in land use, environmental property and tort law at Seattle University School of Law and author of The Washington State Environmental Policy Act, A Legal and Policy Analysis.

David Dicks is the first Executive Director of the new Puget Sound Partnership. Previously he was a partner at Cascadia Law Group PLLC where he focused on Puget Sound issues, natural resource projects and development of Habitat Conservation Plans under the ESA. He was listed in The Best Lawyers in America and named one of Seattle Metropolitan's 2007 Best Lawyers.

Jennifer Dold, partner at Bricklin Newman Dold, LLP, represents individuals, municipalities, environmental and neighborhood groups in land use and environmental cases. She has addressed various SEPA issues before local jurisdictions, the Shorelines Hearings Board, the Pollution Control Hearings Board and the Growth Management Hearings Board in Washington.

G. Richard Hill, founding principal of McCullough Hill, PS, practices land use, zoning and growth management law. He was listed in Best Lawyers in America, Chambers USA and Washington Law & Politics' "Top 100 Lawyers".

Shane Hope, Planning and Development Director for the City of Mountlake Terrace, led completion of a planned action environmental statement that combined SEPA and GMA analysis for Mountlake Terrace's Town Center. Previously she was Managing Director for Washington State's Growth Management Program.

Jim Lopez, Deputy Chief of Staff in the King County Executive Office of Ron Sims, leads the Executive's global warming team.

Jay J. Manning is Director of the Washington State Department of Ecology. Previously in private practice he focused on water resources, water quality, ESA issues, Brownfields redevelopment and environmental cleanup. He was Chief Counsel for the Washington State Department of Ecology and President of the Washington Environmental Council.

John C. McCullough, partner at McCullough Hill, PS, focuses on land use and real estate financing and development. He was listed in Best Lawyers in America, Chambers USA and Washington Law & Politics' "Superlawyer" and "Top 40 Environmental Lawyers".

Cheryl Nielson, Assistant Attorney General in the Natural Resources Division of the Washington State Office of the Attorney General, specializes in cases involving the state's regulation of timber harvesting and other forest practices, as well as state trust lands and real property matters. She is a Solicitor General Appellate Advisor.

Owen L. Schmidt is an environmental consultant and principal of Owen L. Schmidt LLC. Previously he was a Senior Counsel with the United States Department of Agriculture's Office of the General Counsel in Portland, Oregon and a Special Assistant United States Attorney in the District of Oregon.

Lloyd Skinner, Northwest Regional Director at ESA Adolfson, is a senior planner managing environmental compliance for site development projects. He negotiates environmental and land use permits for transportation, water, wastewater and other infrastructure projects.

J. Tayloe Washburn, member at Foster Pepper PLLC, focuses on developing and managing entitlement strategies on large and complex, public and private projects, litigation, environmental and land use practice. He is listed in Best Lawyers in America and Washington Law & Politics' "Top 100 Lawyers" and "Super Lawyer", and as an AV rating by Martindale-Hubbell.

Richard Weinman, of Weinman Consulting, LLC, is an attorney and planner who focuses on GMA issues, comprehensive/sub-area plans and development regulations, project permitting, SEPA/NEPA compliance and preparation of environmental documents for programmatic actions and development projects.