Order replay of:

A Timely New Conference on

PFAS Litigation

Evolving regulations, forensic techniques, theories of liability and lines of defense, valuation, and case studies

Presented on December 9 & 10, 2019

San Diego, CA

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Program Overview

Who Should Order

Attorneys, consultants, agency officials, Tribal leaders, water system operators, and potentially responsible parties

Why You will Benefit from the Replay

Current initiatives to investigate PFAS will carry the out-of-state wave of PFAS litigation to California. The California Water Board-required investigations of PFAS sources will likely result in a spike in PFAS litigation seeking remediation, replacement or expensive treatment for water supplies and water supply agencies. As additional PFAS data becomes public, the potential for toxic tort actions is likely to increase. Unique to California, failure to warn for PFAS, especially in food products, is a new target for Proposition 65 litigation, Moreover, PFAS will affect the scope and costs of due diligence for development and purchase and sale transactions and result in spin-off PFAS litigation.

Register soon for this cutting-edge Conference on PFAS litigation.

~ Alexander I. Leff, Esq. of SL Environmental Law Group and David S. Lipson, Ph.D., P.G., of HRS Water Consultants, Inc., Program Co-Chairs

What You Will Learn

  • The interplay between PFAS litigation and development of regulatory standards over time
  • Identifying and learning from similar sites
  • Review of PFAS sources and occurrence data in light of evolving regulations
  • A national look at regulatory standards and government initiatives
  • California's PFAS Phased Investigation Plan
  • Drinking water treatment options
  • Theories of liability
  • Recovery under the Federal Tort Claims Act
  • Dealing with the federal government as a Potentially Responsible Party
  • Lines of defense
  • Techniques for valuing damaged natural resources
  • Cost recovery for drinking water suppliers
  • Legal and scientific proof lessons from the Scotchgard case

What Attendees Said

  • "Great Overall"
  • "Outstanding work by organizers"
  • "Very useful conference"
  • "Emerging contaminant presentation was great"

Agenda Day 1

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Alexander I. Leff, Esq. , Program Co-Chair
SL Environmental Law Group / San Francisco, CA

8:45 am

A Quick Overview of the Chemicals and Terminology

David S. Lipson, Ph.D., P.G. , Program Co-Chair, Principal Hydrogeologist
HRS Water Consultants, Inc. / Lakewood, CO

9:00 am

Evolution of PFAS Litigation Over Time

The interplay between PFAS claims and development of regulatory standards over time; theories of liability and tips for selecting the one(s) most suited to the site

Richard Head, Esq.
SL Environmental Law Group / Hillsborough, NH

10:00 am

PFAS Occurrence and Treatment: Key Observations

Review of PFAS sources and occurrence data in light of evolving regulations; proven and developing treatment technologies; lessons from implementation of water treatment systems including responses to initial detections; residuals management challenges

Avram Frankel, P.E. , Principal
Integral Consulting Inc / San Francisco, CA

10:45 am


11:00 am

PFAS Forensics: How to Identify Sources of Contamination

Step 1: Identifying specific chemical compounds, their persistency characteristics, and health impacts; Step 2: Identifying the origins of contaminants through the use of forensic techniques such as isotope and compositional analysis

Gregory Schnaar, Ph.D., PG , Director of Expert Services
Daniel B Stephens & Associates Inc / Silver Spring, MD

12:00 pm

Lunch (on your own)

1:15 pm

Regulatory Standards and Government Initiatives

At the national level: Safe Drinking Water Act and the Third Unregulated Contaminant Monitoring Rule (URCM3); EPA Health Advisories for PFOA and PFOS; Draft Interim Recommendations for Addressing PFOA and PFOS Groundwater Contamination

Jeffrey Rose , Vice President of Government Affairs and Public Policy
Battelle / Columbus, OH

California's PFAS Phased Investigation Plan; other California administrative developments including Interim Notification Levels and status of potential MCL; legislative developments, including AB 756 and forthcoming Senate Bill; Prop 65 funding update

Andria Ventura , Toxics Program Manager
Clean Water Action Inc / Oakland, CA

2:30 pm

Drinking Water Treatment Options

Specific examples of the different types of technologies used to treat PFAS

Robert Craw , Vice President of Business Development
Aqueous Vets / Danville, CA

3:00 pm


3:15 pm

Cost Recovery

Drinking water suppliers: Case study of the methodology and response used by the City of Westfield for addressing PFAS in their system

Susan C. Phillips, Esq. , City Solicitor
City of Westfield / Westfield, MA

Military and other federal operations: Assessing the potential for recovery under the Federal Tort Claims Act

Valerie A. Lee, Esq. , President
Environment International Ltd. / Seattle, WA

Lessons from Natural Resource Damage cases on dealing with the federal government as a Potentially Responsible Party

A. J. Gravel , Senior Managing Director
FTI Consulting / Bethesda, MD

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Kelley Drye & Warren and Law Seminars International

Tuesday, December 10, 2019

8:30 am

Lines of Defense

Assessing and choosing among the legal options for defending toxic tort, mass tort, and natural resource damages cases

Sarah P. Bell, Esq.
Farella Braun + Martel / San Francisco, CA

Strategic and case management tips from the natural resource damages world

Allison B. Rumsey, Esq.
Arnold & Porter / Washington, DC

Lessons from cases involving waterborne pathogen litigation for dealing with indivdual and community disease outbreaks

Kevin C. Mayer, Esq.
Crowell & Moring / Los Angeles, CA

10:15 am


10:30 am

Valuing Damaged Natural Resources

Legal perspective on meeting the burden of proof

William J. Jackson, Esq.
Kelley Drye & Warren / Houston, TX

The theoretical context from an economic expert's perspective

Ryan Stifter , Director, Economics & Complex Analytics
Roux Associates / Oakland, CA

Special issues for assessing impacts on Tribal fishing rights and cultural resources

Robert E. Unsworth , Principal
Industrial Economics, Incorporated / Cambridge, MA

12:15 pm

Lunch (on your own)

1:30 pm

Wrap Up Case Studies

Alexander I. Leff, Esq. , Program Co-Chair, Moderator
SL Environmental Law Group / San Francisco, CA

Mega cases: Legal perspective on how Minnesota v. 3M (the Scotchgard Case) built on earlier work

Robert A. Bilott, Esq.
Taft Stettinius & Hollister / Cincinnati, OH

Technical perspective on the extent to which the Scotchgard case provides guidance on the effective use of scientific evidence

Ryan Stifter , Director, Economics & Complex Analytics
Roux Associates / Oakland, CA

3:30 pm

Evaluations & Adjourn

Faculty Bios

Alexander I. Leff, Alexander I. Leff, Program Co-Chair, is the Managing Partner for SL Environmental Law Group. The firm has has recovered over a billion dollars in settlements and judgments for its clients.

David S. Lipson, Ph.D., P.G., David S. Lipson, Ph.D., P.G., Program Co-Chair, is Principal Hydrogeologist at HRS Water Consultants, Inc. He specializes in water quality, fate and transport of contaminants, groundwater remediation, and geochemistry.

Sarah P. Bell Sarah P. Bell is a partner at Farella Braun + Martel where she focuses on environmental and natural resources litigation. The bulk of her expertise involves cases relating to natural resources.

Robert A. Bilott Robert A. Bilott is a partner at Taft Stettinius & Hollister. He brought the very first PFAS environmental exposure case in 1999 and was appointed Class Counsel for the nation's first PFAS class action.

Robert Craw Robert Craw is Vice President of Business Development at Aqueous Vets. His operational experience includes filtration and treatment media applications for municipal and industrial water treatment systems.

Avram Frankel is a Avram Frankel is a Principal at Integral Consulting Inc. He has overseen the design, costing, installation, and optimization of groundwater remediation and potable water treatment systems across the U.S.

A. J. Gravel A. J. Gravel is a Senior Managing Director in FTI Consulting Inc.'s (FTI) Forensic Litigation and Consulting segment. He is the co-practice leader of the Environmental Solutions Practice and heads the Forensic History and Analysis group.

Richard Head Richard Head is Of Counsel at SL Environmental Law Group. He previously served as Associate Attorney General for the New Hampshire Justice Department..

William J. Jackson William J. Jackson is co-chair of the National Environmental Law Practice Group at Kelley Drye & Warren. He was lead counsel for the state of New Jersey in the Passaic River litigation and represented the state of Louisiana in the BP/Deepwater Horizon Oil Spill.

Valerie A. Lee Valerie A. Lee is President of Environment International Ltd. She has worked as both an environmental engineer and attorney on environmental cleanup, natural resource damage assessments (NRDA), and restoration of natural resources.

Kevin C. Mayer Kevin C. Mayer is a partner at Crowell & Moring where he represents industrial and commercial entities charged with violations of environmental statutes and regulations. He is one of the country's preeminent trial attorneys in the defense of water-borne pathogen litigation.

Susan C. Phillips Susan C. Phillips is the City Solicitor for the City of Westfield, Massachusetts. The City is pioneering a proactive approach to protecting its residents from perfluorinated compounds in drinking water that uses bench-scale testing to determine the best approach to treatment.

Jeffrey Rose Jeffrey Rose is Vice President of Government Affairs and Public Policy at Battelle. He is responsible for the development and execution of congressional education, outreach, and advocacy strategies.

Allison B. Rumsey Allison B. Rumsey is a partner at Arnold & Porter focusing on environmental litigation and enforcement. She formerly served as Counsel to the Assistant Attorney General, Environment and Natural Resources Division of the US Department of Justice.

Gregory Schnaar, Ph.D., PG, Gregory Schnaar, Ph.D., PG, is Director of Expert Services and Principal Environmental Scientist at Daniel B Stephens & Associates Inc. His practice focuses on applying quantitative hydrologic methods to evaluate contaminant transport and conduct water resources assessments.

Ryan Stifter Ryan Stifter is Director, Economics & Complex Analytics at Roux Associates. He advises responsible parties(RP) and insurancecompanies on litigation and settlement of natural resource damage claims.

Robert E. Unsworth Robert E. Unsworth is a Principal at Industrial Economics, Incorporated. He focuses on applied natural resource and environmental economics.

Andria Ventura Andria Ventura is the Toxics Program Manager for Clean Water Action Inc.

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider.This program qualifies for 12.25 California MCLE credits. It also qualifies for 12.0 ABCEP environmental professional credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.