Long Beach - CA
Law Seminars International Presents:

A Comprehensive Advanced Two-Day Conference on

Endangered Species in California (CESA)

New regulatory developments, new listings, new court decisions, and practical solutions

June 2 & 3, 2016

Long Beach, CA
(or anyplace you may be via webcast!)

Intro

Who Should Order

Attorneys, land use planners, real estate and environmental professionals, corporate managers and governmental representatives

Why You Should Order

Federal and state wildlife laws, particularly those intended to conserve threatened and endangered species, have the potential to affect an ever-growing segment of the California economy. Significant regulatory developments include new decisions to list species under both the federal and California Endangered Species Acts and major federal rulemaking efforts respecting listing, critical habitat, and incidental take. In addition, the California Supreme Court handed down a recent decision that addresses protection of species under the State's fully protected species statutes.

In this program, we will provide an overview of the key provisions of the federal and California Endangered Species Acts, and hear from expert panels on a range of cutting edge issues facing the Department of Fish and Wildlife, Fish and Wildlife Service, and National Marine Fisheries Service as well as individuals and entities subject to the regulatory requirements implemented by those agencies.

~ Dawn McIntosh, Esq. and Paul S. Weiland, Esq., Program Co-Chairs

What You Will Learn

  • ESA regulatory priorities at the state level
  • California coastal issues
  • The Tricolored Blackbird case study: Voluntary effort vs. regulatory regime
  • Federal Section 7 consultation requirements
  • Implications of the Supreme Courtís Newhall Ranch decision
  • New federal rules for critical habitat for both designation and adverse modification
  • Climate change and anticipated impacts on endangered species
  • Endangered species, California's water policy, and California's water reality

What Attendees Said

  • ~ Topics chosen were great, good flow of topics, good interconnection of topics.
  • ~ Always thought-provoking; appreciate the careful selection of topics and the depth of review.
  • ~ Great job. Very helpful and lively.

Agenda Day 1

Thursday, June 02, 2016

8:00 am

Registration Opens

8:30 am

Introduction & Overview - (Session # 1)

Dawn A. McIntosh, Esq. , Program Co-Chair, Deputy City Attorney
City of Long Beach / Long Beach, CA

Paul S. Weiland, Esq. , Program Co-Chair
Nossaman LLP / Irvine, CA

8:45 am

Endangered Species: Big Picture Overview

Overview of the federal Endangered Species Act (ESA): The major pieces, how they fit together, and how they work with California state law

Steve M. Anderson, Esq.
Best Best & Krieger LLP / Riverside, CA

California's Endangered Species Act (CESA): It's role as an overlay to the federal ESA and the key areas of difference

Michael J. Sherman, Esq.
Stoel Rives LLP / Sacramento, CA

10:15 am

Break

10:30 am

California Coastal Issues and CESA - (Session # 2)

Perspectives on the unique issues involved with resolving endangered species impacts from activities impacting coastal waters

Amy M. Steinfeld, Esq.
Brownstein Hyatt Farber Schreck LLP / Santa Barbara, CA

Christopher A. Keifer, Esq. , Attorney
NMFS Southwest Region / Long Beach, CA

12:00 pm

Lunch (on your own)

1:15 pm

The Tricolored Blackbird Case Study: Voluntary Effort vs. the Regulatory Regime - (Session # 3)

Faster state action vs. federal backlogs; what's happened with conservation efforts; extent to which voluntary efforts can be successful without a regulatory hammer

Lisa T. Belenky, Esq. , Senior Attorney
Center for Biological Diversity / Oakland, CA

Noelle Cremers , Director - Natural Resources & Commodities
California Farm Bureau Federation / Sacramento, CA

2:30 pm

Project Review: Federal Section 7 Consultation Requirements and CESA

Practical tips for efficient and productive consultations

Paul S. Weiland, Esq. , Program Co-Chair
Nossaman LLP / Irvine, CA

3:00 pm

Break

3:15 pm

Implications of Newhall Ranch - (Session # 4)

Perspectives on the approach applicants and lead agencies should take moving forward on assessment of project impacts on greenhouse gas emissions and fully protected species

Robert D. Thornton, Esq.
Nossaman LLP / Irvine, CA

Douglas Carstens, Esq.
Chatten-Brown & Carstens / Hermosa Beach, CA

4:15 pm

Update on New Critical Habitat Rules for Both Designation and Adverse Modification

How do they change the processes followed by the Fish and Wildlife Service and NOAA Fisheries

David M. Ivester, Esq.
Briscoe Ivester & Bazel LLP / San Francisco, CA

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Nossaman LLP

Agenda Day 2

Friday, June 03, 2016

8:30 am

Introduction to Day 2 - (Session # 5)

Dawn A. McIntosh, Esq. , Program Co-Chair, Deputy City Attorney
City of Long Beach / Long Beach, CA

Paul S. Weiland, Esq. , Program Co-Chair
Nossaman LLP / Irvine, CA

8:45 am

Climate Change and Endangered Species

Technical update on the science

Erica Fleishman , Researcher, Department of Environmental Science and Policy
UC Davis / Davis, CA

Regulatory perspective on applying the science

Chris Yates , Assistant Regional Administrator, Protected Resources
NOAA Fisheries / Long Beach, CA

10:15 am

Break

10:30 am

CESA, California's Water Policy, and California's Water Reality - (Session # 6)

Update on the legal environment for resolving conflicting claims to water including the Sustainable Groundwater Management Act and the physical interrelationship between surface and groundwater

Eric N. Robinson, Esq.
Kronick Moskovitz Tiedemann & Girard / Sacramento, CA

Case study of the Bay Delta: How water suppliers are adapting their operations in response to the Bay Delta Conservation Plan, California WaterFix, and California EcoRestore as the State's proposed approach to resolving a complex set of issues

Stephanie Morris, Esq. , General Counsel
State Water Contractors / Sacramento, CA

12:00 pm

Evaluations and Adjourn

Faculty Bios

Dawn A. McIntosh , Program Co-Chair, City of Long Beach, is the Deputy City Attorney in the Harbor Division, where she handles real estate, land use and environmental issues and oversee CEQA litigation for the Port of Long Beach.

Paul S. Weiland , Program Co-Chair, partner, Nossaman LLP Environment and Land Use Practice Group, focuses on litigation, permitting, and compliance counseling; his clients include public agencies, private developers, large landowners, and trade associations. He also counsels clients regarding land use, endangered species, wetlands, water quality, air quality, climate change, green building, transportation, and hazardous substances issues.

Steve M. Anderson , partner, Best Best & Krieger LLP, focuses on environmental, water and natural resources law. He works on water supply, water quality, endangered species, environmental mitigation, conservation easements and other natural resource law matters.

Lisa T. Belenky , senior attorney, Center for Biological Diversity, focuses on the protection of rare and endangered species and their habitats under state and federal law on public and private lands throughout California and the southwest.

Douglas Carstens , managing partner, Chatten-Brown & Carstens, has extensive experience in environmental, land use, municipal and natural resource matters. He has been involved in all of the firm's appellate litigation and was lead counsel on CEQA cases Uphold Our Heritage v. Town of Woodside and Committee to Save the Hollywoodland Specific Plan v. City of Los Angeles. He has been selected as a Super-Lawyer.

Noelle Cremers , Director - Natural Resources & Commodities, California Farm Bureau Federation, represents the state's agricultural industry before the state legislature and regulatory agencies. She splits her time between wildlife and natural resources, marketing issues, animal health and welfare, and rural crime concerns facing California agriculture.

Erica Fleishman , Researcher, Department of Environmental Science and Policy of UC Davis, focuses on application of conservation science to management of public and private lands in the western United States with work such as explaining and projecting the responses of animals to changes in land cover, land use, and climate.

David M. Ivester , partner, Briscoe Ivester & Bazel LLP, practices land use, environmental, and natural resource law. He focuses on environmental review and permitting under NEPA and CEQA and regulation of water quality, wetlands, and wildlife

Christopher A. Keifer , attorney, National Oceanic and Atmospheric Administration's Office of General Counsel, Southwest Region, advises the National Marine Fisheries Service on administration of the ESA, NEPA, and other matters. He has been NOAA's lead attorney on various issues including application of the ESA to the Central Valley Project and to the Klamath Project, as well as 5th Amendment takings litigation.

Stephanie Morris , General Counsel, State Water Contractors, represents SWC in all legal matters and on legal and policy issues at public meetings, dealing with other public water agencies, and before the Department of Water Resources, State Water Resources Control Board.

Eric N. Robinson , shareholder and manager of the water resources practice group at Kronick Moskovitz Tiedemann & Girard, assists in obtaining and defending water supplies, including water transfers and groundwater banking transactions. He obtains and defends environmental regulatory approvals for water resource projects.

Michael J. Sherman , is partner at Stoel Rives LLP. His experience includes title, transactional, land use and natural resources matters involving oil and gas exploration and aggregate, industrial mineral and metallic mineral mines throughout California.

Amy M. Steinfeld , Esq., Shareholder of Brownstein Hyatt Farber Schreck LLP, has experience in Colorado River Issues and Endangered Species Act compliance. She represents public water agencies, special districts, private landowners and water utilities in both litigation and transactional matters.

Robert D. Thornton , partner, Nossaman LLP, specializes in advising state and regional infrastructure authorities on environmental issues regarding large infrastructure projects.

Chris Yates , Assistant Regional Administrator, Protected Resources, NOAA Fisheries, is responsible for the implementation of the ESA and Marine Mammal Protection Act along the West Coast of the United States protecting and conserving populations of species such as marine mammals, abalone, green sturgeon, salmon, eulachon, and sea turtles.

Credits

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 10.0 CA MCLE credits. We have applied for 9.5 AICP credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Webcast Options

Video Replays allow you to time-shift your content. The Vodcast has navigation tools and search capabilities that allow you to quickly find the portions most important to you. It allows you to plug a flashdrive into your laptop and make effective use of in-flight plane time.

Audio Podcasts are perfect for making more effective use of the time you spend commuting.

Screenshots

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Webcast Screenshot

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