Law Seminars International Presents:

The 19th Annual Comprehensive Conference on

Water Quality Management in Washington

Recent developments relating to the Clean Water Act, contamination of drinking water, and the health of Puget Sound

September 10, 2019

Seattle, WA
Regrettably, we've had to cancel this program

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Program Overview

Who Should Attend

Attorneys, government officials, real estate and environmental professionals, land use planners, landowners, industry executives, and anyone else involved in water quality and related environmental issues

Why You Should Attend

Water quality management continues to be a challenging and contentious area of environmental law. From fundamental questions regarding the geographic reach of the Clean Water Act to complex issues of how agencies will regulate new classes of pollutants, water quality management will continue to present thorny problems for policy makers, regulators, and business interests.

We'll start our program with an overview of the Trump Administration's focus on changes to clean water policies, which impact how the EPA and the US Army Corps of Engineers interpret the scope of their jurisdic-tional reach, how state environmental agencies interpret their authorities under Section 401 of Clean Water Act, and how project proponents develop their permitting strategies.

We will also take a deep dive into two emerging areas of water quality management related to an emerging class of pollutants (PFAS) and the health of resident Orcas in Puget Sound. The implication of both topics will touch on a range of regulatory policies and structures for maintaining and, in many cases, improving water quality in Washington.

The remainder of our program will focus on how Washington industries are addressing their interests in water quality and resource management. We hope you'll join us for a very timely and informative program.

~ Matthew A. Love, Esq. of Van Ness Feldman and Ankur K. Tohan, Esq. of K&L Gates, Program Co-Chairs

What You Will Learn

  • EPA's Action Plan for regulating PFAS
  • Trump Administration's proposal to roll back the definition of Waters of the United States
  • Update on other Administration initiatives
  • Wastewater discharges and Maui vs. Hawaii Wildlife Fund as a test of federal anti-pollution authority
  • Reducing toxics to assist in Orca recovery
  • Key industry issues for water quality and resource management
  • Pathways forward for meeting environmental objectives while addressing industry concerns

What Attendees Have Said About Similar Programs

  • "High profile controversial issues made for a very interesting and relevant CLE - good work!"
  • "This was the best CLE - powerpacked - well planned, interesting, on-point speakers with mix of policy and practical. Thank you!"
  • "Excellent Presentations."
  • "You chose 4 major issues and had stimulating speakers. Thank you."
  • Great seminar.

Tuesday, September 10, 2019

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Matthew A. Love, Esq. , Program Co-Chair
Van Ness Feldman / Seattle, WA

Ankur K. Tohan, Esq. , Program Co-Chair
K&L Gates / Seattle, WA

8:45 am

EPA's Action Plan for Regulating Per and Poly Fluoroalkyl Substances (PFAS)

Plain talk on the science: The compounds and common uses; chemical ingredients; safe drinking water levels; what makes PFAS persist and grow in concentration in the environment; cleanup challenges; the need for further study on "second generation" PFAS

James Peale, RG, LHG , Principal Hydrogeologist
Geosyntec Consultants / Portland, OR

A detailed look at the plan, the extent to which it creates new standards, what is likely to happen next for EPA adoption and implementation

Jeff B. Kray, Esq.
Marten Law / Seattle, WA

10:00 am

Break

10:15 am

Waters of the United States

Regulating pollution of wetlands and tributaries: Update on the Trump Administration's proposal to roll back the definition and abandon the science-based "significant nexus" test

Heather Bartlett , Water Quality Program Manager
Washington State Department of Ecology / Olympia, WA

10:45 am

Wastewater Discharges and the Conduit Theory of Liability: County of Maui vs. Hawaii Wildlife Fund

Pollutant discharges into the ground that flow underground to Waters of the US: Overview of the case and the arguments about whether they can they be regulated under the Clean Water Act

Veronica M. Keithley, Esq.
Stoel Rives / Seattle, WA

11:15 am

Clean Water Act Hot Topics

Update on administrative initiatives, including the rollback of PCB standards and new Section 401 guidance; case law trends, including impacts of Hoopa decision on hydro projects and TMDL standards

Endre Szalay, Esq.
K&L Gates / Seattle, WA

Update on administrative initiatives, including the rollback of PCBs standards and new Section 401 guidance; case law trends, including impacts of Hoopa decision on hydro projects and TMDL standards

Gabrielle E. Thompson, Esq.
K&L Gates / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

Reducing Toxics in Puget Sound to Assist in Orca Recovery

Overview of 2019 legislative initiatives and how they played out; other plans being pursued

Claire E. Tonry, Esq.
Smith & Lowney / Seattle, WA

Perspectives on what should happen next moving forward

The Hon. Will Hall , Mayor
City of Shoreline / Shoreline, WA

Amy Trainer, Esq. , Environmental Policy Director
Swinomish Indian Tribal Community / La Conner, WA

2:45 pm

Break

3:00 pm

Key Industry Issues for Water Quality and Water Resource Management

Agriculture

Marisa N. Bocci, Esq.
K&L Gates / Seattle, WA

Forestry

Martha Wehling, Esq. , Forest and Environmental Policy Counsel
Washington Forest Protection Association / Olympia, WA

Hydropower development at non-powered dams

Jenna R. Mandell-Rice, Esq.
Van Ness Feldman / Seattle, WA

4:30 pm

Meeting Environmental Objectives While Addressing Industry Concerns

Environmental perspective on the best path forward

Knoll Lowney, Esq.
Smith & Lowney / Seattle, WA

5:00 pm

Evaluations and Adjourn

Faculty Bios

Matthew A. Love, Matthew A. Love, Program Co-Chair, is a partner at Van Ness Feldman. He focuses on natural resource and environmental law. Prior to joining Van Ness Feldman, he served as a trial attorney for the U.S. Department of Justice and as an Assistant Attorney General for Washington State.

Ankur K. Tohan, Ankur K. Tohan, Program Co-Chair, is a partner at K&L Gates and practice group coordinator for the firm's global Environment, Land and Natural Resources practice group. Prior to joining K&L Gates, he was an assistant regional counsel for the U.S. Environmental Protection Agency.

Heather Bartlett Heather Bartlett is the Water Quality Program Manager at the Washington State Department of Ecology. She was previously with the Department of Health's state drinking water program and the Washington Department of Fish and Wildlife as a fisheries biologist, specializing in salmon and steelhead management.

Marisa N. Bocci Marisa N. Bocci is a partner at K&L Gates. Her agriculture sector practice includes operational issues specific to the food packing and processing industries.

The Hon. Will Hall The Hon. Will Hall is the Mayor of the City of Shoreline. He also serves as a member of the newly established Southern Resident Killer Whale Task Force.

Veronica M. Keithley, Veronica M. Keithley, Stoel Rives, advises clients on environmental permitting and compliance. Before becoming an attorney, she worked as a scientist and on-site project manager for oil and gas, mining, land development, and timber projects.

Jeff B. Kray Jeff B. Kray is a partner at Marten Law. His practice focuses on water quality, water resources, and complex environmental litigation, including Clean Water Act and CERCLA (Superfund) site remediation.

Knoll Lowney, Knoll Lowney, Smith & Lowney, focuses on initiative law and public policy, complex land use cases, and consumer class actions. He participates in his firm's extensive portfolio of citizen suits under the federal Clean Water Act.

Jenna R. Mandell-Rice, Jenna R. Mandell-Rice, Van Ness Feldman, helps clients navigate complex regulatory, permitting, enforcement and litigation matters under a range of environmental statutes.

James Peale is Princ James Peale is Princ ipal Hydrogeologist for Geosyntec Consultants. He has provided technical and management support for complex, multiparty investigations, including the Portland Harbor Superfund site.

Endre Szalay, Endre Szalay, K&L Gates, previously served as Assistant Regional Counsel for the U.S. Environmental Protection Agency where he worked on matters including water quality standards among other issues.

Gabrielle E. Thompson, Gabrielle E. Thompson, K&L Gates, advises clients on issues related to large infrastructure projects, including permitting and licensing, construction, and operation of energy facilities.

Claire E. Tonry, Claire E. Tonry, Smith & Lowney, uses a wide range of legal tools to restore the environment and advance progressive policies. Her environmental work includes water quality and endangered species issues.

Amy Trainer Amy Trainer is a Policy Analyst for the Swinomish Indian Tribal Community. She served as the first staff attorney at Friends of the San Juans in Washington State where she worked to protect wetlands, marine resources, and the endangered southern resident killer whales.

Martha Wehling Martha Wehling is Forest and Environmental Policy Counsel for the Washington Forest Protection Association. She previously served as an Assistant Attorney General in the Washington State Attorney General's Office.

Location

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Crowne Plaza Hotel - Seattle Downtown

1113 Sixth Avenue in Seattle, WA 98101
(206) 464-1980

The seminar will be held at the Crowne Plaza Hotel - Seattle Downtown at 1113 Sixth Avenue in Seattle, WA 98101.
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