Wednesday | Thursday | Friday | Saturday

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Wednesday, October 10, 2012

2:00 p.m. – 5:00 p.m.
Public Service Project
This public service project will bring together Section volunteers and partner Keep Austin Beautiful (KAB), which educates and inspires individuals to be greater environmental stewards by beautifying and protecting Austin’s environment through physical improvements and hands-on education. Project participants will work with middle-school students to create wildlife habitats with native species that are drought tolerant and have low water requirements. To volunteer, please indicate your interest when you register and bring your work gloves!

6:00 p.m. – 6:30 p.m.
Law Student Scholars and SEER Guides Meeting
Law Student Scholars and SEER Guides will meet for an informal gathering ahead of the Welcome Reception.

6:30 p.m. – 8:00 p.m.
Registration and Welcome Reception
(cash bar)
Everyone is encouraged to attend to catch up with old friends, become acquainted with new ones, and meet the Section leadership. Meeting registration will be open. Afterward, stroll over to live entertainment venues on 6th Street, the heart of Austin’s music scene.

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Thursday, October 11, 2012

7:30 a.m. – 8:30 a.m.
Continental Breakfast

8:20 a.m. – 8:30 a.m.
Welcome and Opening Remarks

Alexandra Dapolito Dunn, 2012–2013 Section Chair, Association of Clean Water Administrators, Washington, DC
Angela R. Morrison, Program Chair, Hopping Green & Sams, P.A., Tallahassee, FL

8:30 a.m. – 10:00 a.m.
Plenary Session: Legal Guidance for U.S. Energy Providers in the Era of Shifting National Energy Policy
Our country’s energy needs are a daily front-page issue. Whether our future energy production comes from oil and gas exploration and production, petroleum refining, biofuels, or electric generating plants (fossil fired, renewables, or nuclear), long-term investment decisions of massive capital expenditures must be made currently in the atmosphere of a national energy policy that is shifting at best. Speakers will address the challenges they face in advising senior management.

Moderator:
R. Kinnan Golemon, KG Strategies LLC, Austin, TX

Speakers:
Kimberly S. Bowers, Executive Vice President and General Counsel, Valero Energy Corporation, San Antonio, TX
Marcus V. Brown, Senior Vice President and General Counsel, Entergy Corporation, New Orleans, LA
William R. Buck, General Counsel—Upstream Companies, Exxon Mobil Corporation,
Houston, TX
Janet Langford Kelly, Senior Vice President Legal, General Counsel and Corporate Secretary, ConocoPhillips, Houston, TX

10:00 a.m. – 10:30 a.m.
Networking Break

10:30 a.m. – 12:00 p.m.
Concurrent CLE Sessions

Waiting for the Next Big Bang: ERCOT as the U.S. Grid in Microcosm
Reliability has always been the pivotal issue for our nation’s electricity system. Now reliability is at the heart of the changes that system is undergoing. The grid must accommodate new and clean—yet variable—sources of power; advances in transmission; and changed regulation, water availability, and acceptability of conventional fuels. ERCOT, one of the three independent grids that make up the U.S. system, has already experienced many of these changes. Using ERCOT as a unique window into the legal, economic, and technological revolution ahead, this session examines the fascinating issues that both generation and transmission face across the nation. How do independent system operators meet the challenges of the new energy economy? How do intermittent renewable resources change the dynamics of generation and transmission? What impact may merchant transmission have on the grid, and how might technological advances like Tres Amigas transform the delivery of our electricity in the future?

Moderator:
David S. Johnson, Deputy Counsel, Arizona Department of Water Resources, Phoenix, AZ

Speakers:
Christopher Clark Deschene, Law Office of Schaff & Clark Deschene, LLC, Page, AZ
Brett Perlman, President, Vector Advisors, Houston, TX
David B. Raskin, Steptoe & Johnson LLP, Washington, DC

Social Media and Environmental, Energy, and Resource Lawyers
NON-CLE
Facebook, LinkedIn, Twitter, YouTube, Google+, Wikipedia, blogs, and more! Social media has become increasingly important to environmental, energy, and resource lawyers as a vehicle for a wide range of communications. As important as social media is becoming in the professional arena, many lawyers are unfamiliar with the range of social media options, how various social media tools work, or how those tools can be used in their practices. Even those who employ some social media tools may not be aware of ethical rules associated with usage violations. This multi-media, interactive panel discussion will highlight the nuts and bolts of social media, demonstrating and explaining the basic tools. It will also provide experienced insight into how environmental, energy, and resource lawyers can most effectively and profitably use these tools in their practice.

Moderator:
Sean Dixon, Coastal Policy Attorney, Clean Ocean Action, Highlands, NJ

Speakers:
Debra L. Bruce, Lawyer-Coach LLC, Houston, TX
Kim Diana Connolly, Professor of Law and Director of Clinical Legal Education, The State University of New York at Buffalo Law School, Buffalo, NY

Next Generation Environmental Compliance: What’s on the Horizon for EPA Enforcement?
Just as the Internet has transformed the way we communicate and access information, advances in information and emissions monitoring technology are setting the stage for detection, processing, and communication capabilities that can revolutionize environmental protection. We are moving toward a world in which EPA, along with state environmental agencies, citizen groups, and regulated industry will have real-time electronic information regarding environmental conditions, emissions, and compliance. Thus, EPA is developing and implementing a new paradigm—“Next Generation Compliance”—that will use advances in both monitoring and information technology to improve compliance with environmental regulations and permits. This panel discussion will explore EPA’s plans for Next Generation Compliance and other recent developments in environmental enforcement.
(This presentation will be repeated Thursday, October 11 at 1:30 p.m.)

Moderator:
John A. Heer, Walter & Haverfield LLP, Cleveland, OH

Speakers:
Todd Chenoweth, Special Counsel, Office of Water, Texas Commission on Environmental Quality, Austin, TX
Suzanne Murray, Regional Counsel, U.S. Environmental Protection Agency, Dallas, TX
Eric V. Schaeffer, Environmental Integrity Project, Washington, DC

Lassoing Liability—How to Succeed at Brownfields Redevelopment
Brownfield sites present unique risks that can lasso the unwary and create a Texas-sized disaster. These sites increasingly are being evaluated as potential opportunities for redevelopment, including energy projects such as solar farms or generation plants. Our panel of experienced environmental practitioners will offer practical suggestions on these complex environmental issues using the hypothetical of an energy project redevelopment. Using lessons learned from recent case law and regulatory developments, the panel will discuss brownfields funding opportunities and pitfalls; essential contract terms for allocating environmental risk; challenges in site remediation and accountability; and additional methods to manage environmental risk before, during, and after a brownfields transaction, such as insurance and cost-recovery strategies.

Moderator:
Gregory J. DeGulis, McMahon DeGulis LLP, Cleveland, OH

Speakers:
Denise D’Ambrosio, Phillips Nizer LLP, New York, NY
George A. Rusk, Ecology & Environment, Inc., Lancaster, NY
Roy Shelley, Rogers Townsend and Thomas, Columbia, SC

12:00 p.m. – 1:30 p.m.
Committee Get-Together Luncheon
Everyone is welcome to attend. Choose one of over thirty-five tables based on your practice area or interests. Meet other practitioners with similar interests and plan on a lively discussion of hot topics in your area of focus.

1:30 p.m. – 3:00 p.m.
Concurrent CLE Sessions

The Critical Role of Water in Energy Facility Siting, Development, and Operation
The competition between water and energy demands will continue to shape energy’s future. Whether due to climate change, population growth, or increased demand for more water and energy, the world’s need for water will eventually outstrip its supply, according to many experts. Energy generation, as a relatively large water user, will be required increasingly to justify and limit its consumptive use and minimize its impact on water resources. These developments will influence both regulatory and business decisions affecting the generation of fuels, water-use and treatment technologies, and the location of future power plants. Panelists will explore the confluence of these issues in a world where both energy production and water resources protection are on a collision course. The session will address the technical, legal, policy, and sometimes political ramifications of the alternatives and provide real-world examples.

Moderator:
Michelle Benedict Nowlin, Senior Lecturing Fellow and Supervising Attorney for the Environmental Law and Policy Clinic, Duke University School of Law, Durham, NC

Speakers:
Amy Hardberger, Assistant Professor of Law, St. Mary’s University, San Antonio, TX
Craig Manson, General Counsel, Westlands Water District, Sacramento, CA
Ashlynn S. Stillwell, NSF Graduate Research Fellow, Civil, Architectural, and Environmental Engineering, The University of Texas at Austin, Austin, TX

Wind, Water, Weather and the Endangered Species Act
Expanding wind-power development, growing water-resource demands, and global climate change will converge on efforts to protect endangered species. Increased demand for renewable energy in combination with advances in wind-turbine technologies favor expansion of wind-energy projects in the United States. Wind represents a sustainable alternative to conventional fossil-fuel energy yet poses potential threats to wildlife and wildlife habitat, particularly birds and bats. Meanwhile, with increased drought conditions predicted throughout the United States, there will be intense competition for water from agriculture, industry, and cities. Water shortages will impact endangered species and their habitats. Overshadowing these developments is the specter of extreme weather and local climate alteration consequences of global climate change. The panelists will discuss the impacts of wind projects, water transfers, and climate change on endangered species and the capacity of the Endangered Species Act to forestall extinctions.

Moderator:
Madeline Kass, Professor, Thomas Jefferson School of Law: Visiting Professor: Seattle University School of Law (2012-13), San Diego, CA

Speakers:
Alan Glen, Smith, Robertson, Elliott, Glen, Klein & Douglas, LLP, Austin, TX
Kalyani Robbins, Associate Professor, University of Akron School of Law, Akron, OH
Michael Senatore, Vice President, Conservation Law, General Counsel, Defenders of Wildlife, Washington, DC

Next Generation Environmental Compliance: What’s on the Horizon for EPA Enforcement?
Just as the Internet has transformed the way we communicate and access information, advances in information and emissions-monitoring technology are setting the stage for detection, processing, and communication capabilities that can revolutionize environmental protection. We are moving toward a world in which EPA, along with state environmental agencies, citizen groups, and regulated industry, will have real-time electronic information regarding environmental conditions, emissions, and compliance. Thus, EPA is developing and implementing a new paradigm—“Next Generation Compliance”—that will use advances in both monitoring and information technology to improve compliance with environmental regulations and permits. This panel discussion will explore EPA’s plans for Next Generation Compliance and discuss other recent developments in environmental enforcement.
(This presentation is a repeated session from Thursday, October 11 10:30 a.m.)

The Challenge of EPA’s Power-Plant Regulations and Their Impacts on the Electric System
EPA’s broad-based regulatory agenda addressing power plants has been a major and ongoing topic of rulemaking activity, policy dialogue, and litigation. Significant and interrelated current litigation and regulatory developments for the electric utility industry include the Mercury Air Toxics Standards rule under the Clean Air Act (CAA), the Cross-State Air Pollution Rule under the CAA, greenhouse gas New Source Performance Standards for new and modified sources under the CAA, cooling water intake structure rule under section 316(b) of the Clean Water Act (CWA), effluent guidelines under the CWA, and coal-ash regulation under RCRA. In the aggregate, these initiatives and market forces are contributing to fundamental changes in electric-power generation, including numerous retirement announcements for older units as well as widespread retrofit of environmental controls. Representatives of EPA and regulated utilities will discuss the status of rules and litigation and their impacts on electric generation as well as potential impacts on electric reliability.

Moderator:
William Fang, Deputy General Counsel, Edison Electric Institute, Washington, DC

Speakers:
Rayburn L. Butts, Director, Strategic & Regulatory Planning, Florida Power & Light Company, Juno Beach, FL
L. Elizabeth Gunter, American Electric Power, Austin, TX
Stephen G. Kozey, Vice President, Secretary & General Counsel, Midwest ISO, Inc., Carmel, IN

3:00 p.m. – 3:30 p.m.
Networking Break

3:30 p.m. – 5:00 p.m.
Concurrent CLE Sessions

Environmental Impacts of Oil and Gas Production in Shale Formations: Policy, Perception, and Reality
Hydraulic fracturing of shale has led to an abundance of natural gas in the United States and access to important sources of crude oil. Experts have opined that the technology has made possible the most important energy revolution in a generation. As production in tight shale formations has increased, so too have concerns about impacts to ground water and surface water quality, water supplies, and air quality. EPA and several universities have published assessments of the potential risks—and benefits—of the fracturing process. Meanwhile, media reports have featured stories about methane leaks and earthquakes, fueling the public’s reluctance to endorse the practice. This session will explore what’s known—and what’s not known—about the environmental impacts of shale development practices. The speakers will discuss efforts to reduce the air and water impacts of shale development and the state and federal regulatory frameworks that apply to fracturing.

Moderator:
John R. Jacus, Davis Graham & Stubbs LLP, Denver, CO

Speakers:
Jill Cooper, Group Lead, Environment, Encana Oil & Gas (USA) Inc., Denver, CO
The Honorable Michael Krancer, Secretary, Department of Environmental Protection, State of Pennsylvania, Harrisburg, PA
Hannah Wiseman, Assistant Professor, Florida State University College of Law, Tallahassee, FL

Is This Federalism? Texas v. EPA
American environmental law is largely based on “cooperative federalism,” where states administer federally delegated programs under statutes such as the Clean Air Act and Clean Water Act. Under this model, states may issue and enforce permits under state law so long as it is at least as stringent as federal law. At the start of this year the State of Texas had thirteen lawsuits pending against EPA. EPA recently issued its first greenhouse gas permit in Texas due to the State’s refusal to accept the new federal program elements. Is this cooperative or dysfunctional federalism? This session will address the history, benefits, and costs of federally delegated environmental programs and examine the practical consequences for regulated entities and the public if EPA begins to administer more programs in place of, or in addition to, existing state programs.

Moderator:
David P. Smith, Graves, Dougherty, Hearon and Moody, Austin, TX

Speakers:
Carrick Brooke-Davidson, Guida, Slavich & Flores, P.C., Austin, TX
Vickie Patton, General Counsel, Environmental Defense Fund, Boulder, CO
Bryan Shaw, Ph.D., Chairman, Texas Commission on Environmental Quality, Austin, TX

Air “Hot Topics”
Regulatory developments related to air emissions are not confined to the utility sector and to greenhouse gases. How will sources cope with implementing the new Boiler MACT, commercial and industrial solid waste incinerators (CISWI), and nonhazardous secondary material rules? What are the issues associated with developing and implementing state implementation plans for EPA’s SO2 one-hour National Ambient Air Quality Standards (NAAQS)? What does the future look like with the development of a revised PM2.5 NAAQS or the Ozone NAAQS? Experienced professionals representing EPA, the states, and regulated sources will discuss the new and unique challenges posed by these rulemakings, including the process and criteria for determining whether alternate fuels are or are not solid wastes, switching between Boiler and CISWI source categories based on fuel use, and air-quality modeling issues in light of the new NAAQS.

Moderator:
Steven C. Kohl, Warner Norcross & Judd LLP, Southfield, MI

Speakers:
Susan Bodine, Barnes & Thornburg LLP, Washington, DC
Carl E. Edlund, P.E., Director, Multimedia Planning and Permitting Division, Region 6, U.S. Environmental Protection Agency, Dallas, TX
Laurel Kroack, Chief, Bureau of Air, Illinois Environmental Protection Agency, Springfield, IL

Transparent Yet Competitive: Environmental Disclosures from Hydraulic Fracturing to Consumer Products
Product disclosure implementation challenges are considerable. Obtaining accurate and comprehensive supply-chain information can be onerous, and transparency must be balanced with the protection of proprietary technologies and confidential information. This conundrum has become particularly pronounced in the hydraulic fracturing fluid regulation debate. The speakers will review the ways that EPA has used its existing authority, including more aggressive use of its TSCA authority, to drive testing and disclosure at the federal level in the oil and gas sector; describe how the Securities and Exchange Commission and state regulators have helped to shape hydraulic fracturing disclosure; review the policy and legal arguments for protecting proprietary information as confidential business information; discuss how consumers, commercial buyers, competitors, plaintiffs’ attorneys, and others use such information; and address supply-chain disclosure challenges. The speakers will highlight the policy challenges of hydraulic fracturing fluid disclosure in comparison to developments in consumer product disclosure.

Moderator:
Jean-Cyril (JC) Walker, Keller and Heckman LLP, Washington, DC

Speakers:
Stephen A. Owens, Squire Sanders (US) LLP, Phoenix, AZ
Carl Michael Smith, Executive Director, Interstate Oil and Gas Compact Commission, Oklahoma City, OK
Sharon Wilson, EARTHWORKS, Decatur, TX

5:15 p.m. – 6:30 p.m.
Speed Networking Event
You’ve probably heard of “Speed Dating,” but what about “Speed Networking”? Young lawyer and law student attendees will meet one-on-one with several seasoned environmental, energy, and resources law practitioners over the course of an hour. This is the place to network and seek general advice from your colleagues and potential mentors and to discuss Section activities and initiatives that may be of interest. Everyone is welcome. To participate in this event, please indicate your interest when registering. If you have any questions, please contact Noemi Alvarez, Section Assistant, at Noemi.Alvarez@americanbar.org.

6:30 p.m. – 10:30 p.m.
Dinner Event at the Bob Bullock Texas State History Museum
(cash bar)
Put on your jeans and cowboy boots and join us for a lively and entertaining evening with libations, Texas barbeque, and live music by the Jason Roberts Combo (the core Kings of Western Swing musicians from Austin’s nine-time Grammy Winner—Asleep at the Wheel) at The Bob Bullock Texas State History Museum, where the “Story of Texas” is told through three floors of exhibits. You’ll want to take a journey through Texas and a century of music with the current special exhibition Texas Music Roadtrip, which explores the people and places that put Texas music on the map.

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Friday, October 12, 2012

7:30 a.m. – 8:30 a.m.
Continental Breakfast

8:00 a.m. – 8:20 a.m.
2012 ABA Award for Excellence in Environmental, Energy, and Resources Stewardship

8:20 a.m. – 8:30 a.m.
Welcome and Opening Remarks

Amy L. Edwards, 21st Section Fall Meeting Program Chair, Holland & Knight LLP, Washington, DC

8:30 a.m. – 10:00 a.m.
Plenary Session: Developing and Sustaining an “All-of-the-Above” National Energy Policy
In his State of the Union address, President Obama called for an “all-out, all-of-the-above” energy strategy. Despite Congress’s enactment of significant energy legislation over the past decade, substantial uncertainty remains in our national energy policy. Do we intend to reduce our reliance on coal and other fossil fuels? Will environmental regulations and/or competition from natural gas drive a significant number of existing coal-fired plants out of business? Will federal financial incentives for renewables be extended and made more predictable? Can new transmission and pipeline facilities be successfully sited within a reasonable period of time? Will we ever have a long-term solution for nuclear waste materials? This roundtable discussion by experts from different facets of the energy field will examine these and other questions and provide advice on creating a clear and consistent “all-of-the-above” national energy policy.

Moderator:
Sheila Slocum Hollis, Duane Morris LLP, Washington, DC

Speakers:
Vicky A. Bailey, Principal & Executive Vice Principal, BHMM Energy Services, LLC, Washington, DC
Michelle Foss, Ph.D, Chief Energy Economist, Bureau of Economic Geology’s Center for Energy Economics, The University of Texas, Houston, TX
Catherine Edwards Heigel, General Counsel and Corporate Secretary, American Transmission Company, Waukesha, WI

10:00 a.m. - 10:30 a.m.
Networking Break

10:30 a.m. – 12:00 p.m.
Plenary Session: Environmental Law Before the Supreme Court
The U.S. Supreme Court has devoted more attention to environmental law cases over the past few years. Since the 2009 Term, where the Court heard five environmental law cases, environmental law has continued to grab the Court’s attention. The 2011 Term has produced important opinions dealing with pre-enforcement review of compliance orders, navigability-in-fact for purposes of state public trust lands, and the constitutional limitations of criminal environmental penalties. This session will discuss how the Court ruled, the impact of those rulings, and whether there is any discernible trend in the Court’s environmental law decisions over the past few years. The discussion will also include a look at the environmental cases that the Supreme Court declined to hear and thoughts on possible cases the Court might take up in the 2012 Term.

Moderator:
J.B. Ruhl, Vanderbilt Law School, Nashville, TN

Speakers:
Virginia S. Albrecht, Hunton & Williams LLP, Washington, DC
Eric Glitzenstein, Meyer Glitzenstein & Crystal, Washington, DC
Damien M. Schiff, Principal Attorney, National Litigation Center, Pacific Legal Foundation, Sacramento, CA

12:00 p.m. – 1:30 p.m.
Technical Roundtables Luncheon
These fast-paced presentations over lunch offer the opportunity to learn something new from some of the nation’s top environmental consultants and service providers. You will be able to attend to two roundtable presentations of your choice.

Bloomberg BNA – Groundwater and Property Rights: The New Takings Debate
Geosyntec Consultants – Battle-Tested Environmental Liability Valuation: Defensible Cost Estimates for Decision Makers
Cardno ENTRIX – Water – It’s Time Beneficial Use took Center Stage. A Look at Beneficial Use and the Current Hurdles that are Keeping it from Being a Priority

1:30 p.m. – 3:00 p.m.
Concurrent CLE Sessions

Pipelines in the Crosshairs: Siting, Permitting, Compliance, and Enforcement After the Keystone XL Nonapproval
The Obama administration’s recent Keystone XL Pipeline decision, forced by Congress last January, has generated much rhetoric regarding that project, but many other pipeline issues remain a focus of concern and in the news. Greater cooperation of late among EPA, pipelines, and the Pipeline and Hazardous Materials Safety Administration (PHMSA) has led to increased federal pipeline enforcement, while a number of noteworthy criminal cases involving pipeline failures have also been brought. PHMSA has also been engaged in prolific rulemaking to address the safety of oil and gas pipelines. This session will look beyond the rhetoric of the Keystone XL project pros and cons to the fundamental questions raised about pipelines, their siting and permitting, the prospects for increased regulatory scrutiny and compliance enforcement under new and existing regulations, and the importance of pipelines to the growth and development of domestic and North American energy reserves.

Moderator:
Celina Romero, Duggins Wren Mann & Romero LLP, Austin, TX

Speakers:
Lori Ann Burd, Contract Attorney, National Wildlife Federation, Portland, OR
James M. Pates, Assistant Chief Counsel for Pipeline Safety, Pipeline & Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC
Michael Whatley, Executive Vice President, Consumer Energy Alliance, Washington, DC

Energy, Environment, and Politics in 2012: Expectations and Prognostications for the Next Four Years
In the 2008 election cycle, energy and the environment took center stage as the presidential candidates touted the need for policies that would advance their agendas for the nation’s energy security and economic viability. In the years since, energy and environmental policies have continued to be significant and controversial issues as political views shaped the debates. Because of philosophical and political divides over energy and environment and the role and scope of government on these matters, no significant piece of legislation or unifying policy has emerged over the last four years. What can we expect moving forward as the next administration and our nation’s political leadership continue to grapple with these critical issues and seek to govern over the next four years? These speakers will share their views on significant energy and environmental issues, from clean energy to shale gas to climate change that will likely color this presidential election cycle.

Moderator:
Marianne Horinko, President, The Horinko Group, Washington, DC

Speakers:
Marla Mansfield, Professor, The University of Tulsa College of Law, Tulsa, OK
Peter Robertson, Senior Vice President, Legislative and Regulatory Affairs, America’s Natural Gas Alliance, Washington, DC

The Challenges of Permitting Renewable Projects Across a Diverse Landscape
National, state, and local energy policies promote the development and use of renewable energy supplies. Across the United States, these policies have resulted in an unprecedented level of interest in the development of solar, wind, geothermal, and biomass resources. For those resources, hundreds of projects have been proposed and many have come to fruition. However, developing renewable energy creates unique siting and permitting challenges and implicates a host of additional regulatory challenges under NEPA, NHPA, and local land-use laws. And while renewable energy development is environmentally sustainable in theory, in practice renewable siting often raises environmental issues such as wildlife impacts, water use, and transmission infrastructure. These concerns and others have the potential to split the conservation community and raise new debates about how to balance competing environmental interests. The challenges and benefits of renewable energy will be examined in this discussion.

Moderator:
Ella Foley Gannon, Bingham McCutchen LLP, San Francisco, CA

Speakers:
Lisa Chavarria, Stahl, Bernal & Davies, L.L.P., Austin, TX
Gary Graham, Land Program Director, Western Resource Advocates, Boulder, CO
Janea Scott, Deputy Counselor for Renewable Energy, U.S. Department of the Interior, Washington, DC

Greenhouse Gas Update: EPA Rule Challenges, Cap and Trade, LCFS, Common Law Litigation, and Public Trust
Regardless of the outcome of the pending challenges to EPA’s greenhouse gas endangerment finding and the tailpipe, timing, and tailoring rules, greenhouse gas regulation will continue. The Regional Greenhouse Gas Initiative and California’s Global Warming Solutions Act (AB32) live, with AB32’s cap-and-trade program having survived legal challenges so far, and both are being implemented fully or in part right now. Meanwhile, the Ninth Circuit will be deciding both the Rocky Mountain Farmers case, which addresses the constitutionality of California’s Low Carbon Fuels Standard, as well as the long-delayed Kivalina case. Last year, Kids vs. Global Warming filed lawsuits in federal court and multiple state courts arguing that government officials violated their duties under the public trust doctrine by not dramatically curbing CO2 emissions. This panel will provide updates on all these greenhouse gas developments.

Moderator:
Mary Ellen Ternes, McAfee & Taft, A Professional Corporation, Oklahoma City, OK

Speakers:
Shannon Broome, Katten Muchin Rosenman LLP, Oakland, CA
Michael B. Gerrard, Professor and Director, Center for Climate Change Law, Columbia Law School, New York, NY
Kevin Poloncarz, Paul Hastings LLP, San Francisco, CA

3:00 p.m. – 3:30 p.m.
Networking Break

3:30 p.m. – 5:00 p.m.
Ethics—Saving a Corporate Client from Itself: Knowing When to Climb the Ladder and Blow the Whistle
Corporate lawyers ordinarily defer to management’s decisions regarding a company’s choice of strategic objectives and business practices. Occasionally, however, a lawyer has reason to believe that management is pursuing a course of action or inaction that is unlawful or that otherwise threatens to lead to substantial injury to the organization. When is a lawyer deemed to “know” that a client is engaged in criminal, fraudulent, or other conduct that is likely to result in substantial injury to the client? How does one determine that he or she has discretion – or even a duty – to take action that seeks to prevent the company from creating criminal or civil liability for itself? If action is permitted or required, what options does the lawyer have? What are the possible consequences of inaction? This program will explore these issues and their importance in the daily practice of corporate lawyers.

Moderator:
Lawrence K. Hellman, Dean Emeritus and Professor of Law, Oklahoma City University School of Law, Oklahoma City, OK

Speakers:
Amon Burton, Adjunct Professor, The University of Texas at Austin, Austin, TX
A. Christine Hurt, Professor of Law, Guy Raymond Jones Faculty Scholar, Co-Director, Program in Business Law & Policy, University of Illinois College of Law, Champaign, IL
Allan Van Fleet, McDermott Will & Emery, Houston, TX

3:30 p.m. – 5:00 p.m.
Keystone XL Pipe Dreams: Game On or Game Over?
NON-CLE
From Academy Award and Emmy® nominated director/producer Leslie Iwerks, the documentary Pipe Dreams uncovers a story unfolding in the heartland of America: farmers and landowners fighting to protect their land, their water, and their livelihood in what has become one of the most controversial environmental battles in the U.S. today—The Keystone XL Pipeline. Routed from Alberta, Canada, to the Texas Gulf Coast, this tar sands pipeline is set to cross the country’s largest freshwater resource, the Ogallala Aquifer, and the fragile Sandhills of Nebraska. Proponents tout the jobs this project will create while opponents allege potentially devastating consequences to human health, livestock, and agriculture. The screening will serve as introduction and background for a lively discussion held by project proponents and opponents.

Moderator:
Scott J. Sachs, Atkinson, Andelson, Loya, Ruud & Romo, Cerritos, CA

Speakers:
Lori Ann Burd, Contract Attorney, National Wildlife Federation, Portland, OR
Michael Whatley, Executive Vice President at Consumer Energy Alliance, Washington, DC

5:30 p.m. – 7:30 p.m.
Local Flair Reception
(cash bar)
“Keep It Weird” and experience a taste of Austin, including live music. Join fellow meeting attendees, representatives from local law firms, and guests before heading out to dinner.

7:30 p.m.
Dining Together
After the reception, Section Fall Meeting attendees and their guests have the opportunity to sample Austin’s dining venues together. Please check the message board in the registration area for group sign-up sheets. This is an excellent way to meet people.

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Saturday, October 13, 2012

8:00 a.m. – 9:00 a.m.
Continental Breakfast

9:00 a.m. – 9:30 a.m.
Joint Council, Committee Chair, and Vice Chairs Meeting
Committee chairs and committee vice chairs will meet as a group to learn how committees can help the Section provide benefits to our members.

9:30 a.m. – 11:00 a.m.
Committee Chair and Vice Chair Working Groups
Committee vice chairs will meet with their peers in the same committee leadership role: committee newsletters, membership, programs, social media, electronic communications, and The Year in Review. Leadership responsibilities will be outlined, and there will be time for questions and group discussion.

11:00 a.m. – 5:00 p.m.
Council Meeting
Everyone is welcome to attend.

5:30 p.m. – 6:30 p.m.
Section Chair’s Farewell Reception
(cash bar)
Don’t miss this opportunity to gather with your friends and colleagues at the closing event of the 20th Section Fall Meeting.

End of Program

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CLE Events and Information | 20th Section Fall Meeting