Law Seminars International Presents:

A Comprehensive Conference on

Tribal Energy in the Southwest

New opportunities for Tribal projects and tips for navigating a changing regulatory environment

September 10 & 11, 2018

Chandler, AZ
(or anyplace you may be via webcast!)

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Program Overview

Who Should Attend

Attorneys, Tribal representatives, industry executives, governmental officials and consultants

Why You Should Attend

The Trump Administration has been implementing dramatically different energy and Tribal policies than the Obama Administration. The federal energy policy changes have created new opportunities for Tribes with fossil fuel resources. At the same time, state regulatory policies and consumer preferences are creating markets for Tribal renewable energy resources. Technological advances for batteries and other forms of energy storage will be enabling Tribes to overcome the energy distribution infrastructure challenges for sparsely populated rural reservations.

We are very pleased to have been able to put together an outstanding group of speakers with the expertise to offer Tribes the tools they need to develop effective energy strategies for Tribal energy resource development and practical advice on how to implement those strategies. They include federal and state regulatory policy officials, leading legal representatives, and Tribal officials who have been on the cutting edge for developing Tribal energy resources.

Topics range from the big picture views necessary for developing a comprehensive strategy to the detailed looks at specific issues necessary for effective implementation. We encourage you to attend both the program and the reception at the end of the first day where you'll be able to develop relationships with your peers working on these very important issues.

~ Thomas H. Shipps, Esq. of Maynes, Bradford, Shipps and Sheftel and Pilar Thomas, Esq. of Lewis Roca Rothgerber Christie, Program Co-Chairs

What You Will Learn

  • ~ Federal policy landscape for Tribal oil and gas development
  • ~ FERC gas pipeline, electric sector, and Tribal consultation update
  • ~ Implications of the Culverts case
  • ~ Implications of the Agua Caliente case
  • ~ Regulatory roles of BIA vs. BLM as DOI divisions
  • ~ State regulatory policies affecting Tribal energy development
  • ~ Market trends affecting viability of Tribal renewables
  • ~ Case studies of Tribal on-reservation projects
  • ~ Envrionmental review and approval processes
  • ~ Participation in carbon offset programs
  • ~ Effective structures for economic development
  • ~ Avoiding dual taxation
  • ~ Taking advantage of 2005 Energy Act Tribal preferences
  • ~ Potential Federal legislative solutions to facilitate Tribal energy development

What Attendees Have Said About Similar Programs

  • "Very good program!"
  • "Very informative and well organized"
  • "It was so helpful to learn about what other tribes are facing and accomplishing!"
  • "Impressive course with excellent presenters"
  • "I learned something from each speaker"

Agenda Day 1

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Thomas H. Shipps, Esq. , Program Co-Chair
Maynes Bradford Shipps & Sheftel LLP / Durango, CO

Pilar Thomas, Esq. , Program Co-Chair
Lewis Roca Rothgerber Christie / Tucson, AZ

8:45 am

The New Federal Policy Landscape for Traditional Oil and Gas Tribal Energy Development

Trump Administration support for fossil fuels and how that translates for Tribes with those resources

Kevin Frost , Deputy Director, Office of Indian Energy Policy and Programs
Department of Energy / Washington, DC

9:30 am

FERC Update

Pipeline siting policy; electric sector developments, including initiatives to meet increasing demand for renewable clean energy resources; Tribal consultation developments

Suedeen G. Kelly, Esq.
Jenner & Block / Washington, DC

10:15 am

Break

10:30 am

Litigation Update: Insights from Recently Decided Pending Cases with a Potential Impact on Tribal Energy Development

The US Supreme Court's 4-4 split decision in the Culverts Case: What are the implications for Tribal assertion of treaty rights?

Mason D. Morisset, Esq.
Morisset Schlosser Jozwiak & Somerville / Seattle, WA

Agua Caliente vs. Riverside County: Implications of a District Court's decision indicating that it is likely to invalidate imposition of a possessory interest tax on lessees of trust lands within the reservation

David C. Smith, Esq.
Southern Ute Indian Tribe / Ignacio, CO

12:00 pm

Lunch (on your own)

1:15 pm

Authority to Regulate Tribal Energy Development: Tribes vs. BIA vs. BLM

BIA vs. BLM as DOI divisions: How the agencies view their roles and relationship; delegation of authority; update on Southern Ute and Osage cases; opportunities for Tribal pushback and for Tribes to become the primary regulator

Matthew J. McKeown, Esq. , Regional Solicitor (Rocky Mtn Region)
US Department of the Interior / Lakewood, CO

Thomas H. Shipps, Esq. , Program Co-Chair
Maynes Bradford Shipps & Sheftel LLP / Durango, CO

David A. Mullon, Jr., Esq.
Venable / Washington, DC

2:45 pm

Break

3:00 pm

State Level Regulatory Policies: Opportunities and Constraints for Tribal Energy Development

Development of state energy roadmaps: New Mexico's update to its 2015 plan; state efforts to include Tribes and pueblos into the planning process

Daren Zigich , Engineering Technology Program Manager
NM EMNRD ECMD / Santa Fe, NM

Arizona's docket regarding its proposed clean energy standard; grid reliability considerations

The Hon. Andy Tobin , Commissioner
Arizona Corporation Commission / Phoenix, AZ

Nevada's consumer energy choice initiatives: Case study of an emerging market for customer-selected clean energy resources

Thomas N Tureen, Esq. , Chairman and Co-Founder
Coachella Energy / Santa Monica, CA

4:30 pm

On-Reservation Renewables and Storage Projects for Tribal Use and Economic Development

How Tribes can take advantage of market trends: The growing range of viable market-based community and utility scale solutions, including new business models being developed by utilities for distributed rooftop and community scale generation

Pilar Thomas, Esq. , Program Co-Chair
Lewis Roca Rothgerber Christie / Tucson, AZ

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Lewis Roca Rothgerber Christie and Maynes Bradford Shipps & Sheftel LLP

Tuesday, September 11, 2018

8:30 am

On-Reservation Projects (cont'd)

Given state utility regulatory structures, how can Tribes best work with the regulators and utilities to do small community scale projects? How do the issues change for Tribes served by unregulated co-ops?

Jeffrey H. Albright, Esq.
Lewis Roca Rothgerber Christie / Albuquerque, NM

Case study of the Forest County Potawatomi Community biomass project

Sara M. Drescher, Esq. , Environmental & Energy Attorney
Forest County Potawatomi Community / Milwaukee, WI

Case study of the Blue Lake Rancheria microgrid, which pairs mitigation for the environment with adaptation for resilience

Jana Ganion , Sustainability and Government Affairs Director
Blue Lake Rancheria / Blue Lake, CA

10:15 am

Break

10:30 am

Environmental Review and Approval Processes for On-Reservation Tribal Energy Projects

The statutory mechanisms that allow Tribes to participate; a nuts and bolts approach to effective Tribal participation in processeses

Monte Mills, Esq. , Co-Director, Margery Hunter Brown Indian Law Clinic
University of Montana School of Law / Missoula, MT

11:15 am

Tribal Participation in Carbon Offset Projects and Carbon Credit Transactions

Tribal interest in participating in offset programs and special issues for transactions with Tribes

John Cataldi , Managing Partner
Native American Venture Fund / New York, NY

11:45 am

Tribal Structures for Economic Development

How tribes can best structure for development: Purely Tribal structures vs. Tribal participation in investment or development joint ventures; tips for obtaining the most favorable tax treatment; factors influencing selection of the best vehicle

Ellen H. Grover, Esq.
Karnopp Petersen / Bend, OR

12:15 pm

Lunch (on your own)

1:30 pm

Implementation: Getting the Details Right

Avoiding issues relating to dual taxation: Application of the White Mountain Apache Tribe v. Bracker factors for balancing Tribal interests in preserving Tribal primacy vs. state's interest in the tax

Jeremy J. Patterson, Esq.
Fredericks Peebles & Morgan / Louisville, CO

Taking advantage of 2005 Energy Act Tribal preferences for federal procurement: Progress report on implementation of the preference

James T. Meggesto, Esq.
Holland & Knight / Washington, DC

2:45 pm

Potential Federal Legislative Solutions to Facilitate Tribal Energy Development

The range of Title 25 and Non-Title 25 solutions under consideration in the Congress; insights into the political dynamics and how they're likely to play out; the Tribal Energy Resource Agreement model and tips for drafting them

Paul G. Moorehead, Esq.
Powers Pyles Sutter & Verville / Washington, DC

3:30 pm

Evaluations and Adjourn

Faculty Bios

Thomas H. Shipps, Thomas H. Shipps, Program Co-Chair, is a partner in the law firm of Maynes Bradford Shipps & Sheftel LLP. His practice includes: oil and gas leasing, energy development, Indian law and economic development, natural resources law, and intergovernmental relations.

Pilar Thomas, Pilar Thomas, Program Co-Chair, is Of Counsel in Lewis Roca Rothgerber Christie's Tribal Lands and Natural Resources, Alternative Energy and Utilities, and Tribal Affairs and Gaming practice groups. Her practice is focused on Indian law, tribal renewable energy project development and finance, tribal economic development, and Indian gaming.

Jeffrey H. Albright, Jeffrey H. Albright, partner at Lewis Roca Rothgerber Christie, focuses his practice on water rights, water law, water rights sales and transfers and both state and federal environmental compliance.

John Cataldi John Cataldi is the Managing Partner for the Native American Venture Fund (NAVF). He currently directs the Fund's investment activities and strategies.

Sara M. Drescher is an Environmental & Energy Attorney for the Forest County Potawatomi Community.

Kevin Frost Kevin Frost is Deputy Director, Office of Indian Energy Policy and Programs for the US Department of Energy.

Jana Ganion Jana Ganion is the Sustainability and Government Affairs Director for the Blue Lake Rancheria where she helped establish the Tribe's energy strategy, and has implemented a wide array of renewable energy assets and energy efficiency upgrades.

Ellen H. Grover Ellen H. Grover is a partner at Karnopp Petersen. She concentrates her practice in the areas of land use, natural resources, Indian, and development law.

Suedeen G. Kelly Suedeen G. Kelly is a partner at Jenner & Block and a former commissioner with the Federal Energy Regulatory Commission (FERC). She represents a variety of clients in the electric and natural gas industries on business, regulatory, litigation, enforcement and policy matters.

Matthew J. McKeown is Regional Solicitor for the Rocky Mountain Region at the US Department of the Interior.

James T. Meggesto is a partner at Holland & Knight and Deputy Practice Leader of the Native American Law Practice Group.

Monte Mills Monte Mills is an Assistant Professor, and Co-Director of the Margery Hunter Brown Indian Law Clinic at the Alexander Blewett III School of Law at the University of Montana.

Paul G. Moorehead Paul G. Moorehead is a Principal in Powers Pyles Sutter & Verville's Indian Tribal Governments Group.

Mason D. Morisset, Mason D. Morisset, Director at Morisset Schlosser Jozwiak & Somerville is responsible for Indian treaty and water rights litigation including successful arguments before the U.S. Supreme Court, the Washington and California Supreme Courts and the FERC.

David A. Mullon, Jr. is a partner at Venable and a member of the Legislative and Government Affairs Practice Group.

Jeremy J. Patterson Jeremy J. Patterson is a partner at Fredericks Peebles & Morgan and an enrolled member of the Cheyenne River Sioux Tribe (Minicoujou/Itazipco Lakota).

David C. Smith David C. Smith is Legal Department Director at the Southern Ute Indian Tribe. He has represented Tribes and individual Indians in matters involving trust mismanagement, energy development, treaty rights and protection of sacred sites.

The Hon. Andy Tobin The Hon. Andy Tobin is a Commissioner at the Arizona Corporation Commission. Two of his major focus areas are peak electric system demand and giving consumers tools for saving energy and money.

Thomas N Tureen is Chairman and Co-Founder of Coachella Energy, which is a partnership between Coachella Partners, LLC, the Morongo Band of Mission Indians and Southern California Edison for a $1.0 billion transmission upgrade project for bringing renewable energy into California.

Daren Zigich Daren Zigich is the Engineering Technology Program Manager for the Energy Conservation and Management Division of the New Mexico Energy, Minerals and Natural Resources Department. He serves as the the Principal Investigator for the DOE grant funded New Mexico Energy Roadmap Project.

Continuing Education Credits

Live credits: This program qualifies for up to 12.0 Arizona MCLE credits. 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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Wild Horse Pass Hotel & Casino

5040 Wild Horse Pass Blvd in Chandler, AZ 85226
(800) 946-4452

The conference will be held at the Wild Horse Pass Hotel & Casino at 5040 Wild Horse Pass Blvd in Chandler, AZ 85226. Rooms are available at the specially negotiated rate of $79 per night plus tax. Call (520) 796-4900 and ask for the Tribal Energy Conference Rate.
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