Order replay of:

The Fifth Annual Comprehensive Seminar on

Tribal Natural Resource Damage Assessments

Current best strategies and tactics for conducting Tribal NRD Assessments

Presented on December 16, 2019

Seattle, WA

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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 assessments

Why You will Benefit from the Replay

This fifth annual seminar focusing exclusively on Tribal NRDA continues to explore the cutting-edge cases that are driving the development of Tribal NRD law. The program will start with an update on federal damage assessment processes and developments, and your annual case law update.

We then move into valuing Tribal service losses, incorporating climate change impacts into restoration planning, and pathways to more effective negotiations. This will include ways to gain leverage through development of legal structures for dealing with resource damages under Tribal law.

Restoration requires funding and we address that in two important ways. You'll hear tips for designing more effective cost recovery programs. You'll also hear about ways to design accounting systems to minimize the risk that the Tribe ends up leaving money on the table.

Sign up now so you can participate in our discussions and interact with the faculty. We'll have question and answer sessions after each presentation and at breaks. It's also a great opportunity to enjoy the truly extraordinary city that is Seattle.

We hope to see you there.

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

What You Will Learn

  • Federal damage assessment processes and developments
  • Maximizing recovery of Tribal Service Losses (TSL)
  • Incorporating climate change adaptation into restoration planning
  • Legal structures to deal with NRD under Tribal law
  • Ways to make environmental cost recovery programs more effective
  • Navigating cooperative NRDA as a series of negotiations
  • The role of accounting systems for maximizing recovery
  • Annual case law update

What Attendees Said

  • "Presenters were very engaging."
  • "Great presentations w/ great material. I appreciate the interaction w/ the audience."
  • "Program felt particularly dynamic and varied this year."
  • "Overall - very good work."

Monday, December 16, 2019

8:00 am

Registration Opens

8:30 am

Introduction & Overview

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

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

8:40 am


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

8:45 am

Update on Federal Damage Assessment Processes and Developments

Richard A. Du Bey, Esq.
Ogden Murphy Wallace / Seattle, WA

9:15 am

Case Law Update

Lessons from recent cases

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

10:00 am


10:15 am

Tribal Service Losses (TSL): Unique Economic Analysis Issues for Tribal NRDA

Tribal perspective on valuing invaluable resources

Nadia Martin , Senior Associate
Industrial Economics, Inc. / Cambridge, MA

Potentially responsible party perspective

Theodore Tomasi, Ph.D. , VP/Global Senior Principal - Economics
Cardno, Inc. / Newark, DE

Legal perspective on TSL recovery including situations involving bankruptcy and in settlement contexts

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

12:00 pm

Lunch (on your own)

1:15 pm

Incorporating Climate Change Adaptation into Restoration Planning

Anticipating the impact of sea level rise, drought-wildfire cycles, vegetation shifts, and extreme storm events

Kaylene Ritter, Ph.D. , Principal Scientist
Abt Associates / Boulder, CO

Impacts of climate change and resiliency/adaptation from a Tribal perspective

Raymond J. Martinez , Director, Department of Environmental and Cultural Preservation
Pueblo de San Ildefonso / Santa Fe, NM

2:30 pm

Gaining Leverage by Developing a Legal Structure to Deal with Natural Resource Damages Under Tribal Law

Key questions to resolve and provisions to include

David F. Askman, Esq.
The Askman Law Firm / Denver, CO

3:15 pm


3:30 pm

Negotiating Strategies: Adapting Your Approach to the Presence or Absence of Counsel During Technical Discussions

NRDA as a series of negotiations: Insights into the dance of negotiation; practical realities for technical people addressing sub-issues; implications for setting the scope of authority for technical people to make commitments

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

4:00 pm

Developing and Refining Environmental Cost Recovery Programs to Make Them More Effective

Tips for incentivizing prior owners and operators, arrangers, and transporters to increase the chances that they will pay a fair share of investigation and remediation costs

Michael D. Goodstein, Esq.
Van Ness Feldman / Washington, DC

4:30 pm

Avoid Leaving Money on the Table: The Role of Accounting Systems for Maximizing Recovery

Legal perspective on what costs are recoverable

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

Effective use of accounting systems and techniques to maximize recovery

Katherine E. Stnons , Director, Construction and Environmental Advisory Services
BDO / McLean, VA

5:30 pm

Evaluations and Adjourn

Faculty Bios

Jack Bell, Jack Bell, Program Co-Chair, is the Director of the Environmental Restoration and Waste Management (ERWM) program for the Nez Perce Tribe. In that role, he serves as the Tribe's NRDA Coordinator for the Hanford cleanup.

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

David F. Askman David F. Askman The Askman Law Firm, focuses on Native people's law and works on a variety of environmental and natural resource issues. Those issues range from cleanup to regulatory enforcement to restoration of injured natural resources.

Brian J. Cleary, Brian J. Cleary, The Cleary Law Group, represents Tribes in a variety of matters including development and litigation of CERCLA cost-recovery and natural resource damage claims

Richard A. Du Bey Richard A. Du Bey is a Partner at Ogden Murphy Wallace. His practice focuses on environmental and natural resources law and Tribal government matters including inter-governmental negotiations.

Michael D. Goodstein Michael D. Goodstein is a partner at Van Ness Feldman where he focuses on issues arising under federal, state, local, and Tribal environmental laws. He previously served with the US DOJ in the Environmental Enforcement Section.

Nadia Martin Nadia Martin is a Senior Associate at Industrial Economics, Inc, where she specializes in restoration planning and the assessment of natural resource injuries and ecological and cultural impacts resulting from contamination. She often works with Tribal communities as well as States and Federal agencies.

Raymond J. Martinez is the Director of the Department of Environmental and Cultural Preservation for the Pueblo de San Ildefonso. One of his top priorities is continued monitoring of chromium groundwater contamination. Another is the development of a climate resiliency plan.

Kaylene Ritter, Ph.D. Kaylene Ritter, Ph.D. is a geochemist and a Principal Scientist at Abt Associates. She works with Native American communities across the US, assessing the environmental, health, and cultural impacts of contamination on Native American lands.

Anthony Smith Anthony Smith is an Environmental Specialist for the Nez Perce Tribe. He works to protect, preserve and perpetuate retained Treaty Rights and resources in aboriginal lands of the Tribe.

Katherine E. Stnons Katherine E. Stnons is a Director in the Construction & Environmental Advisory Services Group within BDO's Forensic Investigation & Litigation Services practice. Her experience includes analysis and evaluation of environmental response costs and activities and their consistency with the National Contingency Plan.

Theodore Tomasi, VP/Gl Theodore Tomasi, VP/Gl obal Senior Principal - Economics at Cardno, Inc., is a natural resource economist. He specializes in management of natural resource damage liabilities using restoration-based and monetary evaluations in assessments of impacts to ground water, oil spills, and complex contaminated sites.

Continuing Education Credits

Live credits: This program qualifies for 7.0 WA MCLE credits and 7.0 ABCEP environmental professional credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.