Law Seminars International Presents:

An Important Two-Day Conference on Addressing

Climate Change and Energy in California

Developing and implementing regional, state, and local strategies

September 11 & 12, 2017

San Francisco, CA
(or anyplace you may be via webcast!)

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Who Should Order

Attorneys, energy industry executives, state and local government officials, Tribal officials, environmental consultants, and others involved with climate change response issues in the West

Why You Should Order

Climate change remains the preeminent issue of our time. As President Trump announces the US will be leaving the Paris Agreement, the California Governor, Legislature and Attorney General continue their resolve to make progress towards California's ambitious climate and energy goals. We'll start by examining what has happened in the agencies, Congress and courts during the Trump Administration. We'll then turn to a number of questions about California's evolving climate program and how the Trump Administration's actions might shape the policy debate here:

~Will California forge strong linkages with partners like Quebec and Ontario and continue coordinating with other nations, states and subnationals?

~How has the California carbon market been performing towards achievement of the AB 32's 2020 goal and what changes are in store as the state turns towards SB 32's much more ambitious 2030 target?

~How has the policy debate shifted in California due to the increasing influence and success of the environmental justice movement at putting equity and the concerns of disadvantaged communities at its center?

~What are the prospects for expanding regional coordination throughout the Western electricity markets as a means to reduce GHG emissions and export California's climate policy?

~What legal and economic risks does a state face as it tries to address a global problem like climate change on its own?

Our faculty of thought leaders, policy makers, advocates and practitioners will explore these questions from a wide range of perspectives and viewpoints, with the goal of providing attendees a deep understanding of the dynamics shaping the confluence of California climate and energy policy today.

~ Tara S. Kaushik, Esq. of Holland & Knight LLP and Kevin Poloncarz, Esq. of Paul Hastings LLP, Program Co-Chair

What You Will Learn

  • ~Impact of initial Executive Orders; new faces at the FERC; personnel changes at DOE and EPA; legislative proposals
  • ~Climate policies and looming court battles
  • ~CARB's 2030 scoping plan for reducing GHG reductions moving regionalizing the grid
  • ~Update on California's existing cap-and-trade program
  • ~The role of offsets and carbon credit transactions
  • ~Special issues for transactions with Tribes
  • ~Regionalizing the electric grid
  • ~Commerce Clause issuess
  • ~Trigger points for environmental concerns
  • ~Impact of the CEC/CPUC focus on distributed generation

What Attendees Said

  • "Best Law Seminars I've ever attended!"
  • "It was great having Kevin Polancranz facilitate and speak up and contribute as much as he did."

Agenda Day 1

Monday, September 11, 2017

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Kevin Poloncarz, Esq. , Program Co-Chair
Paul Hastings LLP / San Francisco, CA

Tara S. Kaushik, Esq. , Program Co-Chair
Holland & Knight LLP / San Francisco, CA

8:45 am

Update on the Transition in Federal Climate Change Policy

At the federal administrative agencies, and in the Congress: Impact of initial Executive Orders; new faces at the FERC; budgets and personnel changes at DOE and EPA; legislative proposals; how the political dynamics are playing out

Beth A. Viola, Esq. , Senior Policy Advisor
Holland & Knight LLP / Washington, DC

In the courts: The fate of Obama's signature climate policies and looming court battles

Kevin Poloncarz, Esq. , Program Co-Chair
Paul Hastings LLP / San Francisco, CA

10:15 am


10:30 am

The Policy Foundation for California's Response to Climate Change

Enabling legislation: How the pieces fit into the larger picture from AB 32 in 2008 through the present; the legislative work still ahead of us

Michael Wara, Esq., Ph.D. , Professor
Stanford Law School / Stanford, CA

A detailed look at CARB's 2030 scoping plan and expected contributions from different economic sectors for meeting the overall GHG emission reduction targets

Jon Costantino , Founder
Tradesman Advisors / Auburn, CA

A model for addressing air quality and GHGs in parallel

Jake Levine, Esq.
Covington & Burling LLP / Los Angeles, CA

12:00 pm

Lunch (on your own)

1:15 pm

Pathways to GHG Reductions: Update on California's Existing Cap-and-Trade Program

Perspectives on how the market and auctions are working and adjustments to come; programs in other states and the potential for broader participation in California's carbon market

Andre Templeman , Managing Director and Founder
Alpha Inception LLC / Pleasant Grove, UT

Leonard Hochschild , Managing Director
Evolution Markets LLC / Mill Valley, CA

Timothy Tutt , Government Affairs Representative
Sacramento Municipal Utility District / Sacramento, CA

3:00 pm


3:15 pm

How Recent Legislation and the Scoping Plan Affect California's Selection of Pathways to GHG Reductions Moving Forward

The debate over carbon taxes vs. cap-and-trade vs. cap-and-dividend vs. command & control in development of the revised Scoping Plan

Kevin Poloncarz, Esq. , Moderator, Program Co-Chair
Paul Hastings LLP / San Francisco, CA

Brent Joseph Newell, Esq. , Legal Director
Center on Race, Poverty & the Environment / Oakland, CA

Louis Blumberg , Director - Climate Change Team
The Nature Conservancy / San Francisco, CA

Xantha Bruso , Principal
Pacific Gas and Electric Co / San Francisco, CA

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Holland & Knight LLP and Paul Hastings LLP

Agenda Day 2

Tuesday, September 12, 2017

8:30 am

Avoiding Legal Quagmires

Commerce Clause issues for participation in sub-national state and regional activities contrary to federal environmental and energy policy

Danny Cullenward, Esq., Ph.D. , Research Associate
Near Zero/ Carnegie Institution for Science / Stanford, CA

Trigger points for environmental concerns

Abigail Dillen, Esq. , Vice President of Litigation for Climate & Energy
Earthjustice / San Francisco, CA

Avoiding unintended consequences

Jennifer L. Hernandez, Esq.
Holland & Knight LLP / San Francisco, CA

10:00 am


10:15 am

Regionalization of the Electric Grid as a Way to Reduce Greenhouse Gas Emissions by Improving Efficiency

Increased RPS targets; proposals for expansion of California Independent System Operator (CAISO) and the Energy Imbalance Market (EIM); interplay with Southwest Power Pool (SPP) and mountain states

Don Fuller , Director, Strategic Alliances
California ISO / Folsom, CA

Mary M. Wiencke, Esq. , Director, Environmental Strategy and Policy
PacifiCorp / Portland, OR

Travis Ritchie, Esq. , Staff Attorney
Sierra Club Environmental Law Program / San Francisco, CA

12:00 pm

Lunch (on your own)

1:15 pm

The Role of Offsets and Carbon Credit Transactions

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

Michelle Passero, Esq. , Senior Climate Policy Advisor
The Nature Conservancy / San Francisco, CA

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

Getting the details right in offset transactions; Tribal and regulatory issues to consider in such transactions; addressing changes in 2020 to offset programs in transition

Tara S. Kaushik, Esq. , Program Co-Chair
Holland & Knight LLP / San Francisco, CA

2:45 pm


3:00 pm

Cost Impacts from State Goals and the Policy Emphasis on Distributed Generation

The impact of the CEC/CPUC focus on distributed generation on costs: What do economic models say about cost levels and the impact on ratepayers? What steps are developers taking to educate their customers about net-metering and other regulatory policies?

Tara S. Kaushik, Esq. , Moderator, Progam Co-Chair
Holland & Knight LLP / San Francisco, CA

Marcel Hawiger, Esq. , Staff Attorney
The Utility Reform Network / San Francisco, CA

Jack Stoddard, Esq.
Morgan, Lewis & Bockius LLP / San Francisco, CA

Elizabeth Dorman, Esq. , Principal Counsel
California Public Utilities Commission / San Francisco, CA

4:30 pm

Evaluations and Adjourn

Faculty Bios

Tara S. Kaushik, Tara S. Kaushik, Program Co-Chair, is a partner at Holland & Knight LLP and a member of the firm's West Coast Land Use and Environment Group. She focuses on regulatory matters, with a specific emphasis on energy, natural resources and the environment. She represents energy companies, local governments, Alaska Native Corporations and Tribal entities in project developments, including the negotiations of PPA's and project financing.

Kevin Poloncarz, Kevin Poloncarz, Program Co-Chair, is a partner in the Environment and Energy Practice of Paul Hastings LLP. He is deeply involved in the development of regulations to control greenhouse gas emissions under the federal Clean Air Act and state laws such as the California Global Warming Solutions Act.

Louis Blumberg, Director, California Climate Change Program, The Nature Conservancy's California Chapter, leads a multidisciplinary team developing a comprehensive suite of natural climate solutions, including strategies that will reduce or avoid greenhouse gas emissions from forested and other natural lands.

Xantha Bruso is a Manager in Pacific Gas and Electric Company's Climate Policy & Analysis Group. She focuses on California and federal climate, energy and transportation policy, as well as on internal corporate environmental strategy.

John Cataldi is the Managing Partner of the Native American Venture Fund. His Carbon fund is committed in removing in excess of 260 M tons of Green House gasses from the atmosphere by 2023 through the profitable carbon sequestration, conservation and management of forest lands throughout North America.

Jon Costantino is the Founder of Tradesman Advisors. He focues on the complex interactions between West Coast climate change programs and the businesses they impact. The firm also works in other environmental arenas, including energy policy and regulatory strategy.

Danny Cullenward, Research As sociate for the Near Zero program at the Carnegie Institution for Science, is an energy economist and lawyer working on the design and implementation of scientifically grounded climate policy.

Abigail Dillen is the Vice President of Litigation for Climate & Energy at Earthjustice. She leads the organization's litigation and legal advocacy to achieve the shift from fossil fuels to 100% clean energy. Previously, she was the Managing Attorney of Earthjustice's coal program.

Elizabeth Dorman serves as Principal Counsel for the California Public Utilities Commission. She provides analysis to CPUC Staff, ALJ's and Commissioners in areas such as long-term energy procurement, resource adequacy, demand response, smart grid/smart meter development, distributed generation and energy storage.

Don Fuller is Director of Strategic Alliances at the California ISO. He has led the ISO initiative to expand regional collaboration across the west, including development and expansion of the energy imbalance market (EIM).

Marcel Hawiger, Staff Attorney, The Utility Reform Network, focuses on demand response, distributed energy resources, and utility infastructure investments. He litigates on behalf of residential customers and represents ratepayer interests in cases before the CPUC.

Jennifer L. Hernandez leads the West Coast Land Use and Environment Practice Group for Holland & Knight LLP. Her climate change practice includes integrating climate change requirements into the environmental analyses (relating to greenhouse gas emissions as well as water supply, flood and fire risk, and other topical areas) required by CEQA.

Leonard Hochschild, Managing Director at Evolution Markets, Inc., manages the North American Carbon Markets Group, assisting global clients in assessing risk, establishing market strategies, and executing transactions in the global carbon market.

Jake Levine is a member of Covington & Burling LLP's Public Policy and Government Affairs Practice Group, and its Clean Energy and Climate Industry Group. He advises clients on a variety of public policy, legislative, regulatory, and business matters related to clean energy, climate, water, transportation, and technology. Prior to joining Covington, Mr. Levine held a number of senior positions at the intersection of clean energy policy and technology.

Brent J. Newell is the Legal Director for the Center on Race Poverty & the Environment. He focuses on climate justice and sustainable agriculture campaigns, advocating for climate policy that advances environmental justice, reform of the harmful factory farm system of food production, and protection of school children from discriminatory pesticide exposures.

Michelle Passero is the Senior Climate Advisor to The Nature Conservancy, California Chapter. She is experienced in land conservation and environmental law and policy, with particular emphasis on forest and climate policy.

Travis Ritchie is a Staff Attorney for the Sierra Club Environmental Law Program, where he focuses on utility and regulatory law.

Jack Stoddard, Of Counsel, Morgan, Lewis & Bockius LLP, represents and advises clients on energy regulatory matters and proceedings before state and federal agencies, including the California Public Utilities Commission, the California Air Resources Board, the California Energy Commission, and the Federal Energy Regulatory Commission.

Andre Templeman is the Managing Director and Founder of Alpha Inception LLC. He has been involved in the carbon and renewable markets as they have emerged from a regulatory concept to a full-fledged commodity market. His experience includes commodity structuring and origination with Macquarie Bank, Goldman Sachs, Duke Energy and Iberdrola Renewables.

Timothy Tutt is Program Manager, State Regulatory Affairs, for the Sacramento Municipal Utility District.

Beth A. Viola is a senior policy advisor at Holland & Knight LLP and co-chairs the firm's Energy Team. She focuses on working with clean energy technology companies to create sound public policy drivers for their businesses. Previously, she served as a senior advisor to the White House Council on Environmental Quality.

Michael Wara, Associate P rofessor of Law, Stanford Law School, is Research Fellow, Freeman Spogli Institute for International Studies, and Faculty Fellow, Steyer-Taylor Center for Energy Policy and Finance. His research focuses on climate and electricity policy.

Mary M. Wiencke is Director of Environmental Strategy and Policy for PacifiCorp. She is responsible for the development of PacifiCorp's environmental policy, strategy, and programs.


Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 13 California MCLE credits and 12.75 AICP credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

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