48th Spring Conference- Section of Environment, Energy, and Resources

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Support the Denver community by joining fellow conference attendees on our public service project. No prior experience is necessary to participate in this fun networking opportunity. To volunteer for the public service project, please sign up when registering.

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Kick off the conference with food, drinks, and friends old and new. Meeting registration will be open so you can also pick up your name badge and conference materials.

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Keynote:
Kim Marotta, Global Senior Director Sustainability and Alcohol Policy, Molson Coors

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The conference begins with a lively discussion of the latest developments in environmental enforcement. Pollution prevention and compliance assurance have always been central to the mission of regulators’ public sector enforcement program. They are now the subject of a renewed focus at the federal level. In support of these efforts, scientists and enforcement lawyers at EPA’s Regional laboratories and at state environmental agencies are collaborating on innovative tools, methods, and management systems to make compliance assurance more effective and replicable. The session will provide essential information about federal-state compliance coordination and implementation and the development of new field testing methods and technologies, as well as update you on federal enforcement priorities and scientific standards. Leave prepared to advise your clients!

Moderator:     

Todd Parfitt, Director, Wyoming Department of Environmental Quality, Cheyenne, WY

Speakers:

Paul Gallay, President, Hudson Riverkeeper, Ossining, NY
Bruce Gelber, Deputy Assistant Attorney General, Department of Justice, Washington, DC
Margaret E. Peloso, Vinson & Elkins, Washington, DC
K.C. Schefski, Regional Counsel, U.S. EPA, Region 8, Denver, CO

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Horizontal drilling and technological innovation have been game changers for the oil and gas industry, but technological advances, financial pressures, and public perception have created evolving shifts in oil and gas law. This session will review recent trends and developments in the case law and regulatory requirements for oil and gas development. Attendees will gain practical insights on recent case law exploring subsurface fracking as trespass in the rule of capture context, the impact of the Sabine case, which permitted a discharge in bankruptcy of gas gathering agreements that have covenants running with the land, and cases where public or local control efforts clash with oil and gas development in the context of local bans or attempts to use the public trust doctrine or environmental rights doctrines to constrain the exercise of private property rights to develop resources.

Moderator:

Leslie Boyle, Holland & Hart LLP, Denver, CO

Speakers:

Matt Lepore, Strategic Advisor & Legal Counsel, Adamantine Energy, Denver, CO

Mark Matthews, Brownstein Hyatt Farber Schreck, Denver, CO
Erin E. Murphy, Senior Attorney, Encana Oil & Gas, Denver, CO

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The Department of Energy (DOE) prompted a nationwide discussion about grid resiliency by proposing that the Federal Energy Regulatory Commission (FERC) consider a rule to subsidize electric generating units with onsite fuel—particularly coal and nuclear units—that are in danger of early retirement. As the frequency and severity of natural disasters are increasing along with dependency on reliable electricity to power modern life, grid resiliency is critical. FERC declined to adopt DOE’s proposal but opened a docket to explore the issue. This session will explore FERC’s docket and tackle key underlying questions. What is resiliency and can only certain traditional resources provide it? What is the role of distributed and renewable resources? What role can evolving technologies such as electric vehicles and storage play? This session will explore how these questions should be answered, as well describe legal tools that could help appropriately value (and pay for) resiliency.

Moderator:     

Heather Rosmarin, Executive Director, InterAmerican Clean Energy Institute, Oakland, CA

Speakers:

Aaron Levine, Senior Legal & Regulatory Analyst, National Renewable Energy Lab, Golden, CO

Laura Renger, Principal Manager, Air and Climate, Southern California Edison, Rosemead, CA

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Per- and polyfluoroalkyl substances, better known as PFAS, are man-made chemicals that are widespread in drinking water. Used in a number of ordinary consumer products, including carpets, clothing, cookware, popcorn bags, and dental floss, PFAS are now considered a health risk in fairly small amounts of water. These small concentrations and the ubiquity of PFAS will influence site remediation and impact how lawyers advise their clients. The preferred methodologies to investigate and remediate these chemicals continue to be developed, and the regulations governing cleanup levels remain in flux at both the federal and state level. Faced with these uncertainties, some companies have already paid hundreds of millions of dollars to resolve their potential liabilities. This session will explore the legal theories that drive PFAS litigation and discuss how attorneys can effectively advise their clients in due diligence and through the investigation and remediation process.

Moderator:     
Jeff Kray, Marten Law, Seattle, WA

Speakers:
Alexandra Dunn, Assistant Administrator, Office of Chemical Safety and Pollution Prevention, U.S. EPA, Washington, DC
Chris Higgins, Professor, Colorado School of Mines, Golden, CO
Jeremy Jungreis, Rutan & Tucker, Orange County, CA

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Keynote:
Philip J. Weiser, Colorado Attorney General

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Strengthen your substantive knowledge of some of the most pressing issues confronting environmental, energy, and natural resources lawyers today. Expert Insight Panels will take you on a deep dive into technical issues from the nation’s top environmental consultants and service providers.

AlterEcho
Beyond the Basics: A Deeper Dive into the PFAS Pool
Much like polychlorinated biphenyls (PCBs) before them, development of processes to characterize and manage per- and polyfluoroalkyl substances (PFAS) is happening at a rapid pace, but is also undermined by data gaps. PFAS compounds are ubiquitous and pervasive in industry and consumer products, with virtually every American exposed to them. As the scientific community refines its understanding of associated uses, environmental releases and human exposure, what will drive administrative authority decisions, compliance standards, and control technology options for PFAS? In this presentation, AlterEcho will address knowns and unknowns regarding PFAS characterization, options for effective control technologies, and risk management strategies to minimize future liability.

Speakers
Nicole Goers, PE, Risk Assessor, AlterEcho

Geosyntec Consultants, Inc
Subsurface (Vapor) Intrusion in the Hazard Ranking Sys tem – A Superfund Game-Changer (and What You Can Do About It)
In 2017, EPA published rulemaking to add the subsurface intrusion (SsI) component to the Hazard Ranking System (HRS), allowing EPA to consider human exposure to contaminants that enter structures through SsI when determining which sites are placed on the National Priorities List (NPL). We’re just beginning to understand how this change impacts both existing and proposed NPL sites. But, it is likely that it will to some extent result in more sites being proposed for NPL listing. It also will present a significant challenge to regulators who will need to harmonize current HRS methodology with the nuanced judgment required to appropriately assess vapor intrusion. This presentation will explain how SsI was incorporated into HRS, site characteristics that may represent a heightened SsI risk, how best to prepare for the increased scrutiny of SsI in future NPL decision making, and how to address other new issues driving vapor intrusion liabilities.

Speakers
David Folkes, PE, Senior Principal Engineer, Geosyntec Consultants, Denver, CO
Chase Holton, PhD, PE, Senior Environmental Engineer, Geosyntec Consultants, Denver, CO

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The Trump administration has vowed to streamline the regulatory process for, among other things, mineral-related projects and to ensure the reliability of U.S. mineral production. These efforts include specific initiatives focused on resources such as critical minerals, revisions to the environmental review and permitting processes, and prioritizing energy- and infrastructure-related projects needed for mining. Additional efforts address streamlining the leasing processes and other efforts to expedite access to federal lands for purposes of mineral exploration, production, processing, and refining. This session will examine the efforts taken by the Trump administration to streamline the permitting process. Attendees will acquire an understanding of how those efforts are impacting and will impact clients’ future minerals exploration and development projects. 

Moderator:
Aleava Sayre, Stoel Rives, Minneapolis, MN

Speakers:
Philip Lowe, Solicitor, U.S. Department of the Interior, Lakewood, CO
Laurel Sayer, CEO, Midas Gold
Laura Skaer, Executive Director, American Exploration & Mining Association, Spokane, WA

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Jurisdiction under the Clean Water Act (CWA) is a moving target. How it will turn out is anyone’s guess. On the one hand, WOTUS, the Waters of the United States Rule, is expected to change, through litigation or wholesale regulatory revision, potentially limiting those waters subject to jurisdiction under the CWA. On the other hand, two circuit courts of appeals have extended CWA jurisdiction to discharges to groundwater, where there is a connection between groundwater and surface water. EPA recently waded into jurisdiction over groundwater by taking comments on how it should address relevant court opinions. Given the uncertainty over jurisdiction, lawyers need to assist clients in assessing how changing jurisdiction will affect them. This session will explore ever-changing CWA jurisdiction from various perspectives.

Moderator:
Kirsten Nathanson, Crowell & Moring, Washington, DC

Speakers:
Timothy Bishop, Mayer Brown, Chicago, IL
Frank Holleman, Southern Environmental Law Center, Chapel Hill, NC
Elbert Lin, Hunton Andrews Kurth, Washington, DC

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Recycling markets are in turmoil. China has changed its import acceptance policies, and U.S. communities are becoming less open to accepting urban sewage waste and trash, particularly when shipments get stalled or diverted short of their destination. In addition, recycling takes on a whole new meaning in the battle over what is natural versus what is waste when naturally-occurring radiological materials—NORM—become technologically enhanced—TENORM— during oil and gas extraction and even during drinking water production, requiring disposal. This session will consider the state of recycling, both in the United States and the international arena, and provide attendees with insight into advising clients in the face of emerging legal issues, including regulatory, litigation, community relations, and environmental justice.

Moderator:

Cynthia Teel, Lathrop Gage, Denver, CO

Speakers:

Jennifer T. Opila, Division Director, Hazardous Materials and Waste Management Division, Colorado Department of Public Health and Environment, Denver, CO
*Danielle Waterfield, Senior Director of Government Relations & Assistant General Counsel, Institute of Scrap Recycling Industries, Inc., Washington, DC

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Regulatory streamlining and privatization are major components of the Trump administration’s infrastructure initiative, the stated goal being to incentivize and facilitate greater nonfederal participation in infrastructure projects while maintaining robust support for infrastructure where federal investment is warranted. Specific initiatives include the One Federal Decision Memorandum of Understanding, a Notice of Proposed Rulemaking relating to National Environmental Policy Act reforms, provisions of recent Water Resources Development Acts that authorize nonfederal parties to perform federal functions at federal expense, and similar reforms in the energy sector. This session will describe the current state of proposed reforms, identify the new opportunities they create for non-federal parties and their attorneys, and discuss challenges presented by these reforms, including scientific transparency and environmental justice concerns.

Moderator:

Mark Davis, Director, Tulane Institute on Water Resources Law and Policy Director, New Orleans, LA

Speakers:

Dinah Bear, Tucson, AZ      

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The U.S. population is expanding and shifting while aging infrastructure is compounding water resource and quality challenges, new contaminants emerge, and competition for in-stream flows grows. Traditional water supplies and distribution systems are becoming strained, and climate change is affecting water supply reliability, timing, and volumes. In the meantime, technologies for treating and optimizing under-utilized or previously infeasible sources are advancing and becoming more cost effective. Water planning for the next 50 years will require cross-state and multijurisdictional improvements in land-use and water resources planning, use-efficiency/conservation, stormwater optimization, recharge, direct potable reuse, and infrastructure improvements. This session will provide attendees with perspectives on key water rights and quality laws, major recent water rights litigation, and water supply and quality challenges.

Moderator:
Wendy Bowden Crowther, Parsons Behle & Latimer, Salt Lake City, UT

Speakers:
Robert Abrams, Professor of Law, Florida A & M University College of Law, Orlando, FL
Amanda Waters, General Counsel, National Association of Clean Water Agencies, Washington, DC
Katherine Zitch, Manager, Natural Resources, Atlanta Regional Commission, Atlanta, GA

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Companies generally assume that the entities they do business with will remain fiscally viable through the life of a project. In the wake of prominent corporate bankruptcies such as General Motors and Tronox, however, it is evident that this assumption may be incorrect, and this can have significant impacts in the context of environmental compliance and remediation. This session will cover pending and recent bankruptcy and ability to pay cases involving environmental issues, including those impacting Superfund and RCRA parties, as well as consider practical methods for resolving environmental claims short of bankruptcy. Do not miss this opportunity to learn concrete strategies and tactics for how to address the needs and concerns of regulators, affiliates, employees/shareholders, and third parties when everyone is seeking a share of insufficient funds.

Moderator:

Jeanne Cohn-Connor, Kirkland & Ellis LLP, Washington, DC

Speakers:

Mary Koks, Munsch Hardt Kopf & Harr, P.C., Houston, TX

Andrea Madigan, CERCLA Supervisory Attorney, U.S. EPA Region 8, Denver, CO

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Join us for at the Grand Hyatt’s Pinnacle Club, which offers stunning views of downtown Denver and the Rocky Mountains. The reception and dinner is included in the attendee registration fee, additional guest tickets are also available for purchase.

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The party is not over yet! Join our informal, after-hours mixer event to relax and hobnob with your fellow attendees. All are welcome!

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#SEERRunClub – Sponsored by Eimer Stahl LLP

Join your colleagues and make new friends on a casual fun run/walk. As a bonus, you will receive a commemorative tee shirt to remember the occasion. Everyone is invited to this fitness-minded networking event. Start your day off right with a run or walk outdoors in the beautiful Mile-High City. Be sure to sign up when you register.

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Keynote:
Andrew Wheeler, Acting Administrator, U.S. Environmental Protection Agency

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New appointments in the Supreme Court and other federal courts may determine the outcome of many high-stakes cases shaping national and international environmental and energy policy for years to come. Litigants must chart a course through a changing judiciary. All practitioners need to anticipate the battles ahead and how they will be won or lost. Begin your morning with a distinguished panel of practitioners and court-watchers as they highlight significant cases making their way through the courts, identify key trends to watch in the courts of appeals, and forecast how the Supreme Court Justices will influence the cases brought and pursued in the federal courts. This panel will provide critical guidance to litigants and non-litigants alike.

Moderator:
Justin Pidot, Professor of Law, University of Denver Sturm College of Law, Denver, CO  

Speakers:
David Chung, Crowell Moring, Washington, DC
Erin Murphy, Kirkland & Ellis LLP, Washington, DC

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States are working to tackle complex air quality issues and navigate EPA’s unique role in reviewing and approving proposed State Implementation Plans. This session will explore lessons learned from various jurisdictions, including Western and Eastern states. Denver and Colorado’s North Front Range, for example, provide a case study for understanding the complexity of ozone formation and ways to control it, as the area has sought to avoid serious nonattainment designation. The Mountain West is also challenged by the reasonable further progress requirements of the regional haze program. Similarly, Massachusetts struggles with ozone attainment and is pursuing electric vehicle program expansion. If you want to learn about different approaches to common air quality challenges facing states to be better equipped to tackle these challenges, this session is for you.

Moderator:

Peter Zalzal, Special Projects Director and Lead Attorney, Environmental Defense Fund, Boulder, CO

Speakers:

Douglas H. Benevento, Regional Administrator, U.S. EPA Region 8, Denver, CO

Melissa Hoffer, Chief, Energy & Environment Bureau, Massachusetts Attorney General's Office, Boston, MA Garrison Kaufman, Director, Air Pollution Control Division, Colorado Department of Public Health and Environment, Denver, CO

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Halfway into Trump’s four-year term, shifting goals at the EPA have thrown the practice of environmental law into flux.  The EPA has expressed goals of returning to its “core mission” and restoring power to the states “through cooperative federalism.”  What does that mean on the ground?  From its inception, much of environmental law has been premised on cooperative ideals, so what new formulations of law and policy have the EPA’s goals engendered; what do they mean at the federal, state, tribal and local level; and how might they impact your clients?  Panelists will explore current trends of cooperation and conflict in the arenas of environmental, energy and natural-resources law, including impacts on the administration of delegated federal programs and trends in state programs regarding the management of natural resources; inspections and oversight, permitting, and enforcement; the allocation of resources; and the litigation arising from such dynamic relationships.

Moderator:

Robert Glicksman, Professor of Environmental Law, George Washington University School of Law, Washington, DC

Speakers:

*Ginny Brannon, Deputy Director, Colorado Department of Natural Resources, Denver, CO

James Grijalva, Professor and Director of Tribal Environmental Law Project, University of North Dakota, Grand Forks, ND

David Rivkin, Baker Hostetler, Washington, DC

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The United States, the European Union, China, South Korea, and many other countries have their own unique chemical inventory programs impacting supply chains in the global marketplace. This session will provide attendees with an overview of the chemical inventory programs and related classification systems that clients may face. These requirements, along with their associated supply-chain and regulatory enforcement mechanisms, create complications for corporate mergers and acquisitions, purchase and sale of goods, and joint ventures. Learn the highlights of these regulatory programs, the challenges they pose, and possible solutions.

Moderator:
Karna Peters, Associate General Counsel, 3M, St. Paul, MN 

Speakers:
Lucas Bergkamp, Hunton Andrews Kurth, Brussels, Belgium
Ryan Carra, Beveridge & Diamond, P.C., Washington, DC
Lydia Duff, W. R. Grace & Co., Columbia, MD

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Supreme Court reviews of Endangered Species Act (ESA) critical habitat designations and proposed changes in ESA regulations may impact any client who owns, uses, or develops land.  The U.S. Fish and Wildlife Service has proposed three revisions to ESA regulations that would eliminate blanket application of the ESA’s “take” prohibition to species newly listed as threatened, revise the standards for designating critical habitat, and revise the procedures for interagency consultation under ESA section 7. This session will review and explain the proposed revisions and their potential impacts. Panelists will also discuss the question the Supreme Court will address in Weyerhaeuser Co. v U.S. Fish and Wildlife Service—whether critical habitat designated under the ESA can include private land that is not occupied by a listed species and lacks the characteristics necessary to support the species. Learn about how these regulatory and judicial actions in the ESA arena may impact landowners, project proponents, and conservation efforts.

Moderator:
James Rusk, Sheppard Mullin, San Francisco, CA

Speakers:
Rachel Jacobson, Wilmer Hale, Washington, DC
Tyson Kade, Van Ness Feldman, LLP, Washington, DC
Janice Schneider, Latham & Watkins LLP, Washington, DC

Description:

Colorado, California, and six other states have broad laws allowing recreational use of cannabis and medical marijuana sales are now legal in 30 states. More states are likely to follow. The legalization of marijuana poses new questions for the environmental, energy, and resources lawyer. When a new marijuana industry client walks in the door, should you ask about the water resources available for a water hungry crop, inquire about the pesticides applied to leaves that could end up as part of an edible product, or ask about water drainage from cannabis-oil infused soils? This session will discuss federal and state regulation of cannabis, environmental and local permitting requirements, and other issues lawyers will confront in advising clients on the new “green” industry—marijuana.

Moderator:

Sam Kamin, Vicente Sederberg Professor of Marijuana Law and Policy, Denver University Sturm College of Law, Denver, CO

Speakers:

Meg Collins, Vice President-Public Affairs, Good Chemistry Nurseries, Denver, CO

*Brenna Finn, Assistant Attorney General, Colorado Attorney General's Office, Denver, CO

Description:

Contaminated properties are often a drain on private and public finances, and it is typically many years before a site is repurposed for higher and better use. Yet sophisticated investors who can assess and manage environmental risk increasingly see contaminated properties as profitmaking opportunities. Likewise, regulators and governments see financial incentives as a tool for expediting and improving contaminated site cleanups for public benefit. This session will discuss creative deal-making techniques that can turn environmental liabilities into financial gain while furthering cleanup goals. Attendees will learn how recent legal and policy developments, including the BUILD Act and relevant recommendations of EPA’s Superfund Task Force, may offer new options for the efficient cleanup and redevelopment of contaminated sites. Economic and scientific trends impacting redevelopment projects, including the use of brownfields for renewable energy development, public-private partnerships, and risks posed by potential re-openers will also be addressed.

Moderator:

Letitia D. Moore, Holland & Knight, San Francisco, CA

Speakers:

Michael Goldstein, The Goldstein Environmental Law Firm, P.A., Coral Gables, FL

Patricia Overmeyer, Acting Deputy Director, Office of Brownfields and Land Revitalization, Office of Air and Radiation, U.S. Environmental Protection Agency, Washington, DC
Marian Whiteman, Executive Counsel, General Electric, New York, NY

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In an age of free-flowing tweets, posts, snaps, blogs, and chats, technology and social media affect lawyers’ ethical duties in multiple ways—from confidentiality to competency to client solicitation. Social media is not just an issue for millennial lawyers. Utilizing hypothetical scenarios and interactive experiences, learn how social media implicates the ABA Model Rules, including rules 1.6 (confidentiality), 1.7 through 1.9 (conflicts), 3.3 (candor), 3.5 (impartiality), 4.1 (truthfulness), and 4.2 (communication), as well as how to avoid social media pitfalls. 

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Calculated with great care, the Section estimates that the average attendee’s participation will generate approximately one metric ton of carbon emissions. You can offset your carbon footprint by adding $20 to the registration fee. This will cover the cost of a one-ton carbon credit and help pay for tree plantings and public service projects! Contributions are tax deductible to the full extent allowed by law.

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The Section strives to provide programming representing a unique depth of perspectives on all issues. We consistently work to include speakers on panels that represent tribal interests, NGO’s, and academics. To assist these speaker with the expense of attending conferences the Section offers a limitednumber of travel reimbursements. To assurethat the Section can continue to offer travel assistance to such speakers please considerdonating to our Program Support Fund. Donations are tax deductible to the full extent allowed by law. Make your donation of $25 (or more) when you register.