Replay available from our video archive

The Ninth Annual Advanced DC Conference on Litigating

Natural Resource Damages

Including a special panel on Deepwater Horizon after 10 years

Presented on December 10 & 11, 2020

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Program Overview

Who Should Order

In-house, private, and government attorneys; trustee representatives; senior executives and risk managers; consultants and others who are involved in natural resource damage policy, assessments, and claims

Why You will Benefit from the Replay

The Annual Advanced NRD Conference in D.C. is the premier national conference for exploring developments in NRD policy and enforcement. As such, this year, we will feature numerous presentations from federal and state policymakers, including two exciting keynote presentations: one from Jeffrey B. Clark, Assistant Attorney General for ENRD, on federal policy priorities, and a second from Representative Garret Graves (R-Louisiana) on restoration planning. Beyond these presentations, we will have two panels that will explore federal and state priorities related to NRD claims, featuring senior government officials from the Department of Interior, NOAA, and multiple states. In addition, in recognition of the 10th year anniversary of the Deepwater Horizon incident, this year we will explore lessons learned for implementing ecological restoration. Our conference will also include several other important panels -- featuring lead-ing practitioners in the field -- on such topics as climate change, company perspectives and trial preparation. As we have for the last 9 years, this conference will bring together a diverse, high-level faculty including in-house counsel, government lawyers, private practitioners and experts. We are particularly proud to announce that this year approximately half of our faculty are women.

We hope you will join us for this extraordinary and important event. And that you will plan to stay for the virtual reception at the end of the first day for additional dialogues.

~ Ira M. Gottlieb, Esq. of McCarter & English and Brian Israel, Esq. of Arnold & Porter, Program Co-Chairs

What You Will Learn

  • The impact of the 2020 elections:
  • Policy Priorities at the DOJ's Environment and Natural Resources Division (ENRD)
  • NOAA and DOI trustees on current NRD challenges
  • New state-level environmental enforcement developments
  • Deepwater Horizon lessons for restoration planning
  • Third-party restoration banking mechanisms In-house counsel tips for NRD case management
  • Climate change and NRD
  • Trial strategies

What Participants Said

  • "LSI's NRD conference is the best one!"
  • "Thank you for great hospitality,excellent presentations!"
  • "Great balance of professionals."
  • "Once again you guys pulled off an amazing seminar!! Thank you."

Agenda Day 1

8:30 am

Eastern Standard Time | Introduction & Overview

Brian D. Israel, Esq. , Program Co-Chair
Arnold & Porter / Washington, DC

Ira M. Gottlieb, Esq. , Program Co-Chair
McCarter & English / Newark, NJ

8:45 am

Special Opening Address: Environmental Law and the New Decade -- A View from the U.S. Department of Justice

A discussion of current environmental policy priorities at the Environment and Natural Resources Division (ENRD) including how the DOJ is approaching NRD claims and litigation

Jonathan D. Brightbill, Esq. , Principal Deputy Assistant Attorney General
U.S. Department of Justice / Washington, DC

9:15 am

The Federal Trustee Perspectives -- Challenges and Opportunities

Two federal agencies, NOAA and DOI, are responsible for bringing most federal NRD claims. In this question-and-answer session, senior representatives from both agencies will address their current docket, priorities and related topics

Chauncey Kelly, Esq. , Chief, Natural Resources Section
National Oceanic and Atmospheric Administration / Silver Spring, MD

John Rudolph, Esq. , Attorney-Advisor
U.S. Department of the Interior / Washington, DC

10:30 am


10:45 am

The State Perspective

States maintain their own NRD programs, sometimes in collaboration and often independent of federal efforts: What are the recent trends in state NRD policy and enforcement?

Susan Boyle , Senior Consultant
GEI Consultants / Mt Laurel, NJ

Andrew O. Guglielmi, Esq. , Senior Attorney
New York Department of Environmental Conservation / Albany, NY

Shawn M. LaTourette, Esq. , Deputy Commissioner for Legal & Regulatory Affairs
New Jersey Department of Environmental Protection / Trenton, NJ

Marc A. Rollo, Esq.
Archer & Greiner / Haddonfield, NJ

12:15 pm

Lunch Break

1:30 pm

Ecosystem Restoration -- New Legal and Scientific Approaches for the Next Decade

Rachel Jacobson, Esq.
Wilmer Cutler Pickering Hale and Dorr / Washington, DC

Mark S. Laska, Ph.D. , CEO and President
Great Ecology / New York, NY

2:15 pm

Deepwater Horizon 10 Years Later: Lessons Learned for Restoration Planning

This year marks the 10th anniversary of the Deepwater Horizon incident and 5 years since the historic NRD settlement was announced: What lessons have been learned for restoration planning?

Trudy D. Fisher, Esq.
Butler Snow / Ridgeland, MS

Samuel W. (Billy) Plauche, IV, Esq.
Plauche & Carr / Seattle, WA

Lois J. Schiffer, Esq. , General Counsel (retired)
NOAA / Washington, DC

R. Cooper Shattuck, Esq.
Cooper Shattuck LLC / Tuscaloosa, AL

3:45 pm


4:15 pm

NRD Case Management: Priorities and Pitfalls from a Company Perspective

Mary Draves, Esq. , VP and Chief Sustainability Officer
The Dow Chemical Company / Midland, MI

Jean Martin, Esq. , Senior Counsel - Litigation & Regulatory
BP America / Houston, TX

5:00 pm

Special Address on Ecological Restoration: Planning for Success

The Hon. Garret Graves , (R) Louisiana
U.S. House of Representatives / Washington, DC

5:30 pm

Virtual Reception for Faculty and Attendees

Gather in our Virtual Hotel Lobby space to connect with colleagues, meet new people, and talk about what is happening in your lives and in the NRD litigation world

Friday, December 11, 2020

8:30 am

The Storm is Brewing -- Climate Change, Extreme Weather and NRD

Record heat, droughts, wildfires, flooding, and sea level rise: how NRD lawyers and pratitioners should incorporate extreme weather events and sea level rise in NRD assessments and restoration planning

Paul D. Boehm, Ph.D. , Group VP & Principal Scientist
Exponent, Inc. / Maynard, MA

Susan C. Paulsen, Ph.D., P.E. , Principal Scientist & Practice Director
Exponent / Pasadena, CA

Mary Capdeville, Esq.
Attorney at Law / Helena, MT

10:30 am


10:45 am

On Remedies and Restoration -- How Current Superfund Reforms are Impacting Natural Resource Damages Cases

Amanda G. Halter, Esq.
Pillsbury Winthrop Shaw Pittman / Houston, TX

11:15 am

When All Else Fails -- How to Litigate and Win NRD Cases

While most NRD cases settle, a surprising number of NRD cases have proceeded to trial over the last 10 years: Trial attorneys -- representing both trustees and defendants -- will share their secrets to winning

John C. Cruden, Esq. , Moderator
Beverage & Diamond / Washington, DC

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

David G. Mandelbaum, Esq.
Greenberg Traurig, LLP / Philadelphia, PA

Elizabeth B. Petersen, Esq.
Kanner & Whiteley / New Orleans, LA

12:30 pm

Evaluations and Adjourn

Faculty Bios

Ira M. Gottlieb, Ira M. Gottlieb, Program Co-Chair, is a Partner at McCarter & English and Practice Group Leader of the Firm's Environment & Energy Practice Group. He previously served as an Assistant Regional Counsel for the United States Environmental Protection Agency, Region III.

Brian D. Israel, Brian D. Israel, Program Co-Chair, is a Partner at Arnold & Porter and chair of the firm's Environmental Practice Group. He served as lead counsel to BP in relation to the Deepwater Horizon NRD claim and as one of the trial attorneys at the Deepwater Horizon Clean Water Act penalty trial.

The Hon. Garret Graves The Hon. Garret Graves (R) Louisiana, Special Address, represents Louisiana's Sixth Congressional District in the U.S. House of Representatives. He has been very active in remediation efforts after Deepwater Horizon.

John C. Cruden, John C. Cruden, Moderator, is a principal at Beverage & Diamond. He previously served as a senior leader on environment and natural resource matters at the United States Department of Justice.

Sarah Peterman Bell Sarah Peterman Bell is a partner at Farella Braun + Martel. She focuses her practice on environmental and natural resources litigation. The bulk of her expertise involves cases relating to natural resources such as groundwater, surface water, sediments, air, and soil.

Paul D. Boehm, Ph.D., Paul D. Boehm, Ph.D., is Group VP & Principal Scientist at Exponent, Inc. He focuses on ecological effects from chemical exposures.

Susan Boyle, Susan Boyle, Senior Consultant at GEI Consultants previously served as Assistant Commissioner for Site Remediation for the New Jersey Department of Environmental Protection.

Jonathan D. Brightbill Jonathan D. Brightbill is Principal Deputy Assistant Attorney General in the Environment & Natural Resources Division of the U.S. Department of Justice. His responsibilities include supervision of the Department's Environmental Defense Section, which represents the United States in complex civil litigation arising under a broad range of pollution control statutes.

Mary Capdeville Mary Capdeville assists the Legal Pathways to Deep Decarbonization Pro Bono Project. She was recently awarded an LLM in Global Environment and Climate Change Law from the University of Edinburgh, Scotland. She previously represented the State of Montana in natural resource damage actions.

Mary Draves Mary Draves is VP and Chief Sustainability Officer for the Dow Chemical Company.

Trudy D. Fisher Trudy D. Fisher is a partner at Butler Snow. She formerly served as the head of Mississippi's Department of Environmental Quality.

Andrew O. Guglielmi is Senior Attorney, Office of General Counsel for the New York State Department of Environmental Conservation.

Amanda G. Halter Amanda G. Halter is a partner at Pillsbury Winthrop Shaw Pittman. Her environmental practice includes groundwater contamination and contaminated site matters.

Rachel Jacobson Rachel Jacobson is special counsel to Wilmer Cutler Pickering Hale and Dorr. She formerly held senior positions at DOJ, DOI, and DOD.

Chauncey Kelly Chauncey Kelly is Section Chief for the Natural Resources Section at the National Oceanic and Atmospheric Administration.

Mark S. Laska, Ph.D., Mark S. Laska, Ph.D., is CEO and President of Great Ecology. His expertise includes ecological habitat restoration and NRD banking.

Shawn M. LaTourette Shawn M. LaTourette is Deputy Commissioner for Legal & Regulatory Affairs at the New Jersey Department of Environmental Protection.

David G. Mandelbaum David G. Mandelbaum is Co-Chair of the Environmental Practice at Greenberg Traurig.

Jean Martin is Senior Counsel - Litigation & Regulatory at BP America. She was one of BP's leads in the Deepwater Horizon case.

Susan C. Paulsen, Ph.D., P.E., Susan C. Paulsen, Ph.D., P.E., is a Principal Scientist & Practice Director at Exponent. She provides scientific and strategic consultation on matters involving Superfund (CERCLA) and Natural Resources Damages (NRD). She also has expertise designing and implementing field and modeling studies of dilution and analyzing the fate and transport of organic and inorganic pollutants.

Elizabeth B. Petersen Elizabeth B. Petersen is a member of Kanner & Whiteley. She primarily focuses on environmental litigation, including NRD.

Samuel W. (Billy) Plauche, IV, Samuel W. (Billy) Plauche, IV, Plauche & Carr, represents the State of Louisiana in the Deepwater Horizon case and served as chair of the Trustee Council.

Marc A. Rollo Marc A. Rollo is Chair of the Environmental Law Department at Archer & Greiner.

John Rudolph is Attorney-Advisor for the Restoration Program at the U.S. Department of the Interior.

Lois J. Schiffer Lois J. Schiffer is General Counsel (retired) for the National Oceanic and Atmospheric Administration.

R. Cooper Shattuck, R. Cooper Shattuck, Cooper Shattuck LLC, He previously served as Chief Legal Advisor to the Governor of Alabama during the aftermath of the Deepwater Horizon oil spill.

Continuing Education Credits

Live credits: This program qualifies for 11.0 CA, 10.75 LA, 12.5 NJ, 12.5 NY, 10.75 TX, and 10.75 WA MCLE credits. It also qualifies for 10.75 ABCEP environmental professional credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.

I appreciate LSI's seamless segue from registration, an informative seminar, to end result.