Law Seminars International Presents:

The Third Annual Comprehensive Seminar on

Tribal Natural Resource Damages Assessments

Best strategies and tactics to handle complex Tribal NRD cases

December 4, 2017

Seattle, WA
(or anyplace you may be via webcast!)

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Program Overview

Who Should Order

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

Why You Should Order

Tribal Natural Resource Damage (NRD) assessment and restoration remains one of the most fascinating, and still underdeveloped, areas of environmental law.The legal and technical issues where contaminated sites impact Tribal resources and treaty rights are complex, and the time investment and costs of assessment and restoration can be enormous.

Although developing caselaw continues to demonstrate that Indian Tribes are on equal footing with state and federal natural resource trustees under CERCLA, responsible parties continue to resist Tribal participation and oversight, and Tribal trustees may lack the funding, experience, and expertise necessary for full participation in NRD assessment and restoration. In addition, quantifying injury to natural resources in the framework of Tribal spiritual and cultural connections to natural resources is challenging to assess and restore under the CERCLA statutory framework. Finally, changes in policy, priorities, and funding under the new administration may significantly impact sites where Tribes work with federal trustee partners, possibly leaving Tribes to lead assessment and restoration activities that otherwise would be led by federal trustees, or to go it alone.

This seminar will allow you to hear from lawyers, policy makers, and technical experts who are involved in Tribal natural resource and restoration sites and the cases that are driving the development of Tribal NRD law.

This seminar is the third to focus exclusively on Tribal NRDAs, offering the latest thinking in NRD law and science. Participate in our discussions, interact with the faculty in questions after each presentation and at breaks --and enjoy the truly extraordinary city that is Seattle.

~ Jack Bell, of Nez Perce Tribe and Connie Sue M. Martin, Esq. of Schwabe Williamson & Wyatt, Program Co-Chairs

What You Will Learn

  • ~ Federal trustees: How deregulatory initiatives by the Trump Administration and Congress will impact environmental protection and governance
  • ~ Case law update: Lessons from recent trials, settlements, and decisions of particular interest to Tribes
  • ~ Cultural service losses: New developments in techniques and tools for conducting cultural service loss studies
  • ~ Practical strategies for applying the techniques and tools
  • ~ Cultural values: A framework developed in British Columbia for including cultural values based on traditional economic methods
  • ~ How to integrate the method into NRDA analysis
  • ~ Damages recovery: Lessons from the Peabody Bankruptcy on how to achieve successful outcome for the Tribes

What Attendees Said

  • "A good information-packed seminar. The speakers-particularly those adressing tribal interests - did an excellent job conveying tribal perspective."
  • "Overall, a good program. Nice opportunity to network and brainstorm."
  • "Great to hear about other NRDA cases that do involve tribes"
  • Hope can keep this going annually. Sharing experience from other sites is really valuable"

Monday, December 04, 2017

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Jack Bell , Program Co-Chair, NRDA Coordinator
Nez Perce Tribe / Lapwai, ID

Connie Sue M. Martin, Esq. , Program Co-Chair
Schwabe Williamson & Wyatt / Seattle, WA

8:45 am

Tribal and Federal Trustee Relationships

Conducting natural resource damage assessments with federal and tribal trustees; role of federal trustees related to tribal service loss claims; recent federal and tribal natural resource damage claims and assessment activities

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

Deirdre Donahue, Esq. , Attorney Advisor
US Department of the Interior / Portland, OR

10:30 am


10:45 am

Case Law Update: Lessons from Recent Trials, Settlements, and Decisions of Particular Interest to Tribes

Legal and economic perspectives on key developments and the implications for NRD strategy development

Thomas A. Zeilman, Esq.
Law Offices of Thomas Zeilman / Yakima, WA

Jennifer Kassakian , Senior Associate
Industrial Economics, Inc / Cambridge, MA

12:00 pm

Lunch (on your own)

1:15 pm

Assessing Cultural Service Losses

New developments in techniques and tools for conducting cultural service loss studies: How to establish baseline; issues around restoration, including how to restore something that is lost; treaty rights aspects; advantages of using NRDA as a vehicle

Anthony Smith , Environmental Specialist
Nez Perce Tribe / Lapwai, ID

An interactive discussion of practical strategies for applying the techniques and tools

Jack Bell , Program Co-Chair, Moderator
Nez Perce Tribe / Lapwai, ID

Nadia Martin , Senior Associate
Industrial Economics, Incorporated / Cambridge, MA

Matthew W. Johnson, Esq. , Energy and Environmental Sciences Program Manager
Confederated Tribes of the Umatilla Indian Reservation / Pendleton, OR

2:45 pm


3:00 pm

Incorporating Cultural Values into Restoration Activities

Case study of a framework developed in British Columbia for including cultural values in the management, restoration, and/or mitigation of water and natural resources based on traditional economic methods; how to integrate the method into NRDA analysis

David A. Hanson , Principal
HansonRM / Blaine, WA

William Trousdale, AICP , President
EcoPlan International / Vancouver, BC Canada

3:45 pm

Damages Recovery: Case Study of the Tar Creek Superfund Site and Lessons from the Peabody Bankruptcy

How the technical and legal team developed and executed their approach to tribal bankruptcy claims to achieve successful outcome for the tribes

Brian J. Cleary, Esq.
The Cleary Law Group PC / Hayden, ID

Allison Ebbets , Senior Analyst
Abt Associates / Boulder, CO

5:00 pm

Evaluations and Adjourn

Faculty Bios

Jack Bell, Jack Bell, Program Co-Chair is The NRDA Coordinator for The Nez Perce Tribe. Previously he has worked as a Wildlife Biologist and spent 15 years as Land Services Director.

Connie Sue M. Martin, Connie Sue M. Martin, Program Co-Chair is a shareholder with Schwabe Williamson & Wyatt. She helps Indian tribes, ports, companies of all sizes and individuals address environmental contamination and restore injured natural resources.

Brian J. Cleary, The Cleary Law Group PC, focuses on complex litigation including appellate experience involving natural resource damages, water rights, water quality regulations, ownership of submerged lands, taxation, hydropower licensing and land use.

Deirdre Donahue is an Attorney Advisor with the Department of the Interior, Office of the Solicitor stationed in Portland, Oregon. She works for the Division of Parks and Wildlife, Branch of Environmental Restoration, and provides legal representation for the Department on various natural resource damage assessment and restoration matters.

Allison Ebbets is a biologist with Abt (and the former Stratus Consulting) for 11 years. She has spent most of that time working on ecological restoration planning, evaluation, and scaling for NRDAs. Her other work includes programmatic evaluation and climate change research.

David A. Hanson David A. Hanson is the Principal of HansonRM. His national consulting practice focuses on the integration of science, economic, and cultural inputs and interests to address complex water and natural resource projects. He has provided the technical and management leadership for multiple national IDIQ NRDA contracts for the Department of Interior, NOAA, and other Trustee agencies.

Matthew W. Johnson Matthew W. Johnson is the Energy and Environmental Sciences Program Manager for the Confederated Tribes of the Umatilla Indian Reservation. He the Primary trustee for the Umatilla on the Hanford Natural Resource Trustee Council.

Jennifer Kassakian Jennifer Kassakian is a Senior Associate at Industrial Economics, Inc. She specializes in the socioeconomic analysis of natural resource management policies and programs, and natural resource damage assessment. In the field of natural resource damage assessment, she performs complex analyses estimating the scope and scale of natural resource injuries due to toxic and radioactive contaminants, and has helped clients develop effective approaches for identifying and quantifying injury to natural resources.

Nadia Martin Nadia Martin is a Senior Associate with Industrial Economics, Incorporated. She specializes in assessing the ecological impacts of physical and chemical stressors to natural resources, including radioactive contaminants. This includes work on the Hanford Reservation in Washington and the Los Alamos National Laboratory in New Mexico.

Craig R. O'Connor is Section Chief and Special Counsel for the Natural Resources Section, Office of General Counsel, National Oceanic and Atmospheric Administration. He provides legal advice to the National Marine Fisheries Service and the National Ocean Service, and seeks monetary restitution from responsible parties for injuries caused to natural resources.

Anthony Smith Anthony Smith is an Environmental Specialist for the Nez Perce Tribe and works with the Tribe's NRDA Program in response to the Hanford Nuclear Site. His focus is currently on a Tribal Cultural Service Loss Study in which to understand impacts to the Nez Perce Tribe as a result of a release of contamination at Hanford. He also serves as the Alternate Technical Representative on the Hanford Natural Resource Trustee Council (HNRTC). He has worked 15 years for the Nez Perce Tribe under the Environmental Restoration and Waste Management Program and Cultural Resources Program.

William Trousdale, AICP William Trousdale, AICP is a certified professional planner and decision analyst. His work focuses on applying insights from strategic planning, structured decision support, behavioral decision theory and negotiation science to a range of complex problems and opportunities. His interest is in integrating analytical methods with a range of multi-stakeholder and public engagement approaches.

Thomas A. Zeilman has a solo law office and has represented the Yakama Nation for over eighteen years, both as an in-house attorney and in private practice. He has worked in many areas of tribal natural and cultural resources law, including treaty fishing and hunting rights, Columbia River fisheries management and enforcement, environmental cleanup and hazardous waste management, and tribal water rights.

Continuing Education Credits

Live credits: This program qualifies for 6.5 Washington MCLE credits and we have applied for Idaho MCLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Replay 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.


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