Law Seminars International Presents:

The 11th Annual Santa Fe Advanced Conference on Litigating

Natural Resource Damages

Best strategies and tactics to handle large, complex NRD cases today

August 9 & 10, 2018

Santa Fe, NM
(or anyplace you may be via webcast!)

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Program Overview

Who Should Attend

In-house and private attorneys, consultants, corporate managers, Tribal and governmental representatives, and others who are involved in natural resource damage claims

Why You Should Attend

The 2018 Santa Fe Advanced NRD Conference will feature an incredible faculty, a timely and important program, and the opportunity for our attendees to build relationships and connections among many of the best NRD practitioners in the country. The Santa Fe program is the best, longest-running NRD program in the country.

The 2018 Conference will focus on the latest interplay, coordination, and differences evolving between and among State, Federal and Tribal trustees. The current Administration is enacting changes in Federal policy, that are resulting in a significant and ever-evolving shift in environmental and natural resource priorities, strategies and approaches by State and Tribal trustees, as well as in the private sector. This year's faculty contains thought and policy leaders from across the country, including Congressman Garret Graves, Chairman of the House Transportation and Infrastructure Subcommittee on Water Resources and Environment, John Cruden, former Assistant Attorney General for the Environment and Natural Resources Division of the U.S. Department of Justice, and Scott Fulton, former General Counsel of the EPA.

You'll hear and have an opportunity to ask questions of leading NRD practitioners, in-house counsel, and technical experts. We hope you in the enchanting city of Santa Fe.

~ Sarah Peterman Bell, Esq. of Farella Braun + Martel LLP and William J. Jackson, Esq. of Kelley Drye & Warren LLP, Program Co-Chairs

What You Will Learn

  • ~ Congressional perspective on lessons from Deepwater Horizon
  • ~ Views from the trenches on evolving federal NRD policy
  • ~ Foundation for state statutory and common law claims
  • ~ Preemptive effect of Federal NRD claims
  • ~ Tribal trusteeship and the implications of the culverts case
  • ~ Defenses to NRD Claims
  • ~ Ideas for regulatory reform
  • ~ Practical tips for managing NRD claims
  • ~ Best practices and pitfalls for the NRD economist
  • ~ Emerging persistent contaminants in water supplies
  • ~ Effective use of ADR to reach consensus among the experts

What Attendees Have Said About Similar Programs

  • "Best Year Yet!"
  • "The presenters were an extraordinary group of diverese thinkers who did an excellent job of bringing home the complexities of NRD matters."
  • "The science panel was terrific and is a model for more versions"
  • "The Best Conference yet and I've been coming for a decade!"
  • "I truly enjoyed myself. It was also very informative."
  • "Yes, great conference! Thanks to all the organizers."

Agenda Day 1

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Sarah Peterman Bell, Esq. , Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

William J. Jackson, Esq. , Program Co-Chair
Kelley Drye & Warren LLP / Houston, TX

8:45 am

Special Opening Address: Congressional Perspective on Natural Resource Laws and Developments

Views on a broad range of resource issues including the Deepwater Horizon, water resources development, and regulatory programs administered by the U.S. Army Corps of Engineers and the Environmental Protection Agency

The Hon. Garret Graves , (R) Louisiana (inv)
United States House of Representatives / Washington, DC

9:15 am

Special Addresses: Views from the Trenches on Evolving Federal Policy

Implications of federal rejection of climate initiatives and treaties, reopening of federal rules and procedures for NRD under DOI, changes to trade policies and global interaction, funding for environmental protection and remediation in the budget

Scott Fulton, Esq. , President
Environmental Law Institute / Washington, DC

John C. Cruden, Esq. , President
American College of Environmental Lawyers / Washington, DC

10:15 am

Break

10:30 am

Sources, Strengths, and Preemptive Effects of Federal NRD Claims

Foundation and primacy of Federal NRD authorities and claims, concepts of federalism and preemption, and what to expect from federal trustees in the Trump Era; practical implications for the real world of NRD practice

James A. Bruen, Esq.
Farella Braun + Martel LLP / San Francisco, CA

Wayne J. D'Angelo, Esq.
Kelley Drye & Warren LLP / Washington, DC

11:30 am

State Statutory and Common Law Claims for Natural Resource Damages

What are the foundations of state claims, the public trust, and State common law trends?

William J. Jackson, Esq. , Program Co-Chair
Kelley Drye & Warren LLP / Houston, TX

John N. Carter, Esq. , Deputy General Counsel
San Diego Unified Port District / San Diego, CA

12:15 pm

Lunch (on your own)

1:30 pm

Tribal Trusteeship and the Implications of United States (on Behalf of Tribes) v. State of Washington (aka The Culverts Case)

The current status of Tribal claims, treaty rights, and potential limits on Tribal NRD authority raised by the Culverts Case

Richard Du Bey, Esq.
Ogden Murphy Wallace P.L.L.C. / Seattle, WA

2:15 pm

Defenses to NRD Claims

Legal theories including CERCLA 113(h) and CERCLA 107; state claims; common law NRD actions

Ira Gottlieb, Esq.
McCarter & English LLP / Newark, NJ

2:45 pm

Regulatory Reform

A range of ideas and what statutory and rule changes would be required to implement them

Brian Israel, Esq.
Arnold & Porter LLP / Washington, DC

3:30 pm

Break

3:45 pm

Responsible Parties and In-house Counsel on the Practical Aspects of Managing NRD Claims

A broad range of lessons learned from managing complex NRD cases from pre-event through trial

Kevin P. Auerbacher, Esq. , Sr. Counsel, Corporate Development
Tesla, Inc. / Washington, DC

Robert C. Bylsma, Esq. , Senior Regional Environmental Counsel
Union Pacific Railroad Company / Roseville, CA

Steven A. Tasher, Esq. , Chief Executive Officer
Wyatt Partners / Berkeley Heights, NJ

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Farella Braun + Martel LLP and Kelley Drye & Warren LLP

Friday, August 10, 2018

8:30 am

Update on Best Practices and Pitfalls for the NRD Economist

Quantifying injuries to natural resources and lost uses can be the most difficult part of an NRD case: Guidance based upon real-world experience with NRD economics, valuation, and testimony from the perspective of trustees and private parties

Eric Horsch , Senior Associate
Industrial Economics, Incorporated (IEc) / Cambridge, MA

Rick Dunford, Ph.D. , Founder
Environmental Economics Services LLC / Raleigh, NC

John K. Dema, Esq.
Law Offices of John K. Dema PC / Christiansted, VI

9:30 am

Evolving Contaminants

Emerging, persistent contaminants (PFASs, PFOAs, etc.) in water supplies, regulatory standards (or the lack thereof), and implications in NRD

Sarah Peterman Bell, Esq. , Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

Kristin R. Robrock, Ph.D., P.E. , Managing Engineer
Exponent Inc. / Oakland, CA

10:15 am

Break

10:30 am

Alternative Dispute Resolution in NRDA: A Viable Pathway to Timelier NRD Settlements?

Pros and cons of using alternative dispute resolution approaches to help the parties move more quickly through areas of the case where forward movement in the cooperative process may have come to a standstill

Robert Haddad, Ph.D. , Group VP - Environmental & Earth Sciences, Moderator
Exponent, Inc. / Menlo Park, CA

William D. Brighton, Esq. , Assistant Chief, Environmental Enforcement Section
U.S. Department of Justice / Washington, DC

Judi L. Durda , Vice President & Principal Toxicologist
Integral Consulting Inc. / Annapolis, MD

Lester Jan Levy, Esq.
JAMS / New York, NY

Craig R. O'Connor, Esq. , Special Counsel for Natural Resources
National Oceanic and Atmospheric Administration / Seattle, WA

12:15 pm

Wrap Up Grand Rounds

Sarah Peterman Bell, Esq. , Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

William J. Jackson, Esq. , Program Co-Chair
Kelley Drye & Warren LLP / Houston, TX

12:30 pm

Evaluations & Adjourn

Faculty Bios

Sarah Peterman Bell, Sarah Peterman Bell, Esq., Program Co-Chair, is a partner at Farella Braun + Martel LLP. She concentrates on environmental and natural resources litigation.

William J. Jackson, William J. Jackson, Program Co-Chair, leads Kelley Drye & Warren, LLP's national Environmental Practice Group and managing partner for the firm's Houston office.

John C. Cruden, John C. Cruden, special address, is the President,of the American College of Environmental Lawyers and a Principal at Beveridge and Diamond PC..He also is the immediate past Assistant Attorney General for the Environment and Natural Resources Division of the US Department of Justice.

Scott Fulton, Scott Fulton, special address, is President of the Environmental Law Institute. Previously, he served as General Counsel of the U.S. Environmental Protection Agency.

Congressman Garret Gra Congressman Garret Gra ves (R) Louisiana, special address, represents Louisiana's Sixth Congressional District. He sits on the House Committees on Transportation and Infrastructure and Natural Resources.

Robert Haddad, Ph.D., Robert Haddad, Ph.D., panel moderator, is the Group Vice President & Principal Scientist - Environmental & Earth Sciences for Exponent, Inc.

Kevin P. Auerbacher Kevin P. Auerbacher is Sr. Counsel, Corporate Development for Tesla, Inc.

William D. Brighton William D. Brighton is Assistant Chief, Environmental Enforcement Section for U.S. Department of Justice.

James A. Bruen James A. Bruen is a partner at Farella Braun + Martel LLP. He is immediate past President of the American College of Environmental Lawyers.

Robert C. Bylsma, Robert C. Bylsma, Senior Regional Environmental Counsel, Union Pacific Railroad Company, is responsible for handling environmental matters including compliance, site remediation, permitting, and defense of regulatory actions and litigation.

John Carter is John Carter is Deputy General Counsel for the San Diego Unified Port District.

Wayne J. D'Angelo Wayne J. D'Angelo of Kelley Drye & Warren LLP advises heavily regulated companies and industries on environmental, health, safety and natural resources matters.

John K. Dema, John K. Dema, Law Offices of John K. Dema PC, primarily concentrates on environmental, products liability, and toxic torts litigation.

Richard Du Bey Richard Du Bey of Ogden Murphy Wallace P.L.L.C. focuses on environmental and natural resources law and tribal government matters.

Rick Dunford, Ph.D., Rick Dunford, Ph.D., is the founder of Environmental Economics Services (EES), a consulting firm specializing in NRD assessment.

Judi L. Durda Judi L. Durda is Vice President & Principal Toxicologist at Integral Consulting Inc.

Ira M. Gottl Ira M. Gottl ieb is a partner at McCarter & English LLP where he leads the Environment & Energy Practice Group.

Eric Horsch Eric Horsch is a Senior Associate at Industrial Economics, Incorporated (IEc).

Brian Israel Brian Israel chairs the Environmental Practice Group at Arnold & Porter LLP. He served as lead counsel to BP for the Deepwater Horizon NRD.

Lester Jan Levy Lester Jan Levy of JAMS has served as a full time neutral for more than 20 years.

Craig R. O'Connor is the recent former Section Chief and Special Counsel for the Natural Resources Section of the, National Oceanic and Atmospheric Administration.

Kristin R. Robrock, Ph.D., P.E. Kristin R. Robrock, Ph.D., P.E. is a Managing Engineer for Exponent Inc. She nspecializes in biodegradation and the fate and transport of chemicals in the environment.

Steven A. Tasher Steven A. Tasher is Chief Executive Officer of Wyatt Partners, which is a multi-faceted legal services company. His legal career has focused around the handling and supervision of major litigation throughout the world.

Continuing Education Credits

This program qualifies for 10.0 NM, 10.5 CA, 10.0 TX, and 10.0 WA CLE credits. It also qualifies for 10.0 Academy of Board Certified Environmental Professionals (ABCEP) maintenance hours. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Location

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Hilton of Santa Fe Historic Plaza Hotel

100 Sandoval Street in Santa Fe, NM 87501
(505) 988-2811

The conference will be held at the Hilton of Santa Fe Historic Plaza Hotel at 100 Sandoval Street in Santa Fe, NM 87501. Call the hotel directly at (505) 988-2811 for reservations and tell them that you are attending an LSI conference.
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