December 03, 2019

Conference Materials

View Speaker and Moderator Bios

Thursday, October 18, 2018

8:00 -8:30 AM
Welcome, Opening Remarks, and Keynote Address

Moderator:
Kelly Johnson, Holland & Hart LLP, Washington, DC

Speakers:
Matt Leopold
, General Counsel, U.S. Environmental Protection Agency, Washington, DC
Jonathan D Brightbill, Deputy Assistant Attorney General, U.S. Department of Justice, Washington, DC

8:30 - 10:00 AM

1. The Great Enforcement Debate 
View the powerpoint here

Moderator:
Peter Hsiao,
King & Spalding LLP, Los Angeles, CA

United States Environmental Protection Agency Memorandum

Speakers:
Sylvia Quast, Regional Counsel, U.S. Environmental Protection Agency, Region 9, San Francisco, CA

Sam Sankar, Executive Director, Environmental Council of the States, Washington, DC

Compliance Assistance: Balancing Enforcement on the Compliance Assurance Scale

Justin Savage, Sidley Austin LLP, Washington, DC

10:30 - 12:00 noon

A1. Water Infrastructure and Resource Allocation: Lessons from California 

View the powerpoint here

Moderator:
Chris Frahm,
Brownstein Hyatt Farber Schreck, LLP, San Diego, CA

Speakers:
Tom Birmingham,
General Manager, Westlands Water District, Fresno, CA

New Questions of Federalism in California Water Law

Mark Hattam, General Counsel, San Diego County Water Authority, San Diego, CA

 Moving Transfer Water: Lessons on Cost from California

Eileen Sobeck, Executive Director, State Water Resources Control Board, Sacramento, CA

The State Water Resources Control Board’s Responsibility with Respect to Safe Drinking Water

A2. Charging Up to Direct Our Energy Future: An Examination of State and Federal Roles

Moderator:
Malcom Woolf
, Senior Vice President Policy and Government Affairs, Advanced Energy Economy, Washington, DC

Speakers:
Kyle H. Landis-Marinello
, General Counsel, Vermont Public Utility Commission, Montpelier, VT

Federal and state promotion of power generation

Daniel Simmons, Principal Deputy Assistant Secretary, Office of Energy Efficiency and Renewable Energy, Department of Energy, Washington, DC
Kathleen Staks, Executive Director, Colorado Energy Office, Denver, CO

A3. From Paris to Pittsburgh and Beyond: Non-Federal Efforts to Address Climate

Moderator:
Kevin Poloncarz,
Covington & Burling LLP, San Francisco, CA

Speakers:
Vicki Arroyo, Georgetown Climate Center at Georgetown Law, Washington, DC

From Paris to Pittsburgh: US State and Local Leadership in an Era of Trump

Jessica Gordon, Senior Attorney, California Air Resources Board, Sacramento, CA

California’s Climate Leadership

Michael Wara, Senior Research Scholar, Stanford Woods Institute for the Environment, Stanford, CA

Prospects for the Paris Agreement three years on

1:30 - 2:00 pm
Expert Insight Panels

Shifting Through the Sediment: Solving Challenges at EPA Megasites (AlterEcho)

Speakers:
David Batson,
Allocation and Mediation Expert, AlterEcho, Washington, DC

Patricia Derocher,
President, AlterEcho, Chantilly, VA 

Green Skies Await: How to Navigate the Uncharted Waters of ESG Closure (Bloomberg Environment)

Moderator:
Dylan Bruce
, Managing Editor, Bloomberg Environment, Arlington, VA

Speaker:
Lee O'Dwyer,
Global ESG Advocate, Bloomberg LP, San Francisco, CA

The Buzz on Environmental Concerns Related to the Cannabis Industry (Geosyntec Consultants, Inc.)

Speaker:
Sam Williams, Senior Principal Hydrogeologist, Geosyntec Consultants, San Diego, CA

2:15 - 3:45 pm

B1. Traversing the Terrain of Public Land Law
Moderator:
David Hayes,
Executive Director, State Energy & Environmental Impact Center, Washington, DC

Speakers:
Ethel Branch,
Attorney General, Navajo Nation Dept of Justice, Window Rock, AZ

The Promise Bears Ears National Monument Holds for Native Nations and the Case to Save It for Us All

Janice Schneider, Latham & Watkins LLP, Washington, DC

Public Land Management in the Trump Administration: Energy Dominance (slides)

Public Land Management in the Trump Administration: Energy Dominance

Sandra Snodgrass, Holland & Hart LLP, Denver, CO

The Swinging Pendulum of Wildlife Conservation Policy (slides)

The Swinging Pendulum of Wildlife Conservation Policy

B2. The Long Road to Superfund Reform (slides)
Moderator:
Michael Kavanaugh,
Geosyntec Consultants, Inc, Oakland, CA

Speakers:
Steven Cook
, Deputy Assistant Administrator, US Environmental Protection Agency, Washington, DC

Superfund Reform – What are the improvements to clean up all Superfund sites and how is EPA making them stick?

Todd Davis, Chief Executive Officer, Hemisphere Development LLC, Bedford, OH
Jessica Merrigan, Lathrop Gage LLP, Kansas City, MO

The Long Road to Superfund Reform

B3. Seeking Cert(ainty): Recent Supreme Court Decisions on Environmental, Energy, and Resources Law

Moderator:
Mary Ann Grena Manley, Deputy Editorial Director, Bloomberg Environment, Arlington, VA

Speakers:
Timothy Bishop,
Mayer Brown, Chicago, IL

Endangered Species Act Update: Weyerhaeuser Company v. U.S. Fish & Wildlife Service, No. 17-71 (U.S. Sup. Court) (argued Oct. 1, 2018)

Alice Kaswan, Professor and Dean's Circle Scholar, Univ of San Francisco School of Law, San Francisco, CA
James May, Distinguished Professor of Law, Delaware Law School, Wilmington, DE

Seeking Cert(ainty): Recent Supreme Court Decisions on Environmental, Energy, and Resources Law

4:15 - 5:45 pm

C1. Reversing Course: Administrative Law in a Time of Change 

Moderator:
Andrew Mergen,
Deputy Section Chief, U.S. Department of Justice, Washington, DC 

Speakers:
Amanda Leiter,
Professor of Law, American Univ Washington College of Law, Washington, DC

Reversing Course: Administrative Law in a Time of Change

Matt Leopold, General Counsel, U.S. Environmental Protection Agency, Washington, DC
Brenda Mallory, Executive Director and Senior Counsel, Conservation Litigation Project, Washington, DC

Reversing Course: Administrative Law in a Time of Change – Tools and Tactics Deployed

C2. When it’s “Kind of a Big Deal”: Assessing & Responding to Issues that Threaten a Deal or Project

When it’s “Kind of a Big Deal” (PowerPoint)

Moderator:
Alexandra Farmer,
Kirkland & Ellis LLP, Washington, DC

Don't Let PFAS Leave A Mark On Your Business Transaction

Speakers:
Matt Dobbins,
Vinson & Elkins LLP, Houston, TX

Navigating Environmental Deal Killers: Problems You Cannot Draft Around

Deborah Harris, Environmental Crimes Section Chief, U.S. Department of Justice, Washington, DC
Sylvia Winston Nichols, Jackson Kelly PLLC, Morgantown, WV
Deidre Sanders, Director of Government and Community Affairs, East Bay Community Energy, Oakland, CA

Principles of Federal Prosecution of Business Organizations

Factors in Decisions on Criminal Prosecutions

C3. Fundamental Rights or Fundamentally Wrong: Constitutional and Public Trust Arguments for Environmental Protection

Moderator:
Alexandra Chiaruttini,
Chief Counsel, PA Dept of Environmental Protection, Harrisburg, PA

Pennsylvania’s Environmental Rights Amendment The Benefits, Challenges and Need for Boundaries

Speakers:
Marianne Engelman-Lado,
Columbia Law School’s Environmental Clinic, New York, NY
Carroll Muffett, President, Center for International Environmental Law, Washington, DC

Friday, October 19, 2018

8:00 - 8:30 am

Welcome, Opening Remarks, and Keynote Presentation

Speaker:
Jeff Wood,
Acting Assistant Attorney General, U.S. Department of Justice, Washington, DC

Acting Assistant Attorney General Jeffrey H. Wood Delivers Keynote Speech at the 26th Fall Conference of the American Bar Association’s Environment, Energy, and Resources Section

8:30 - 10:00 am

The Footprints that Tech Giants are Leaving on the Environmental, Energy and Natural Resource Landscape

Moderator:
Roger Martella,
General Counsel, General Electric, Boston, MA

Speakers:
Chris Baird,
Perkins Coie LLP, Seattle, WA
Paul Hemmersbaugh, Chief Counsel and Public Policy Director, General Motors, Washington, DC
Jonathan Nwagbaraocha, Xerox Corporation, Webster, NY

Navigating the Circular Economy (slides & notes) 

10:30 - 12:00 noon

D1. Staying Afloat in the Deluge of Clean Water Act Developments

Moderator:
Kristy Bulleit
, Hunton Andrews Kurth, Washington, DC

Speakers:
Steven Fleischli,
Natural Resources Defense Council, Santa Monica, CA

Staying Afloat in Waters of the United States

David Ross,
U.S. Environmental Protection Agency, Washington, DC
Brooks Smith, Troutman Sanders LLP, Richmond, VA

What's the Point? Evolving Concepts of Liability for Discharges Under the Clean Water Act

D2. FASTER, CHEAPER, BETTER:  The Modern Approach to Environmental Reviews and Permitting

Moderator:
William Malley,
Perkins Coie LLP, Washington, DC

Speakers:
Michael Drummond
, Deputy Associate Director for NEPA, White House Council on Environmental Quality, Washington, DC

Improving Federal Environmental Review and Authorization Decisions through Increased Coordination, Transparency, and Predictability

Pilar Thomas,
Lewis Roca Rothgerber Christie LLP, Tuscan, AZ

Expedited Permitting and "One Federal Decision": The Double-Edged Sword for Indian Country

Nicholas Yost, Dentons, Santa Rosa, CA

Addressing Delay and Paperwork under NEPA

D3. Expect the Unexpected: Counseling clients before, during, and after natural disasters

Moderator:
Lois Schiffer,
Former General Counsel NOAA and Former Assistant Attorney General of Environment and Natural Resources, Washington, DC

Speakers:
Robin Bronen,
Executive Director, Alaska Institute for Justice, Anchorage, AK

Higher Ground: Where and How Will People Move From Rising Seas

Tracy Hester, Professor, Univ of Houston Law Center, Houston, TX

Criminal Liability for Environmental Disasters in a Climate Changed-World: Implications of Post-Harvey Enforcement Action

Robert Verchick, Loyola Univ, New Orleans, LA

Disasters and Environmental Regulation

12:00 noon - 1:30: pm
Luncheon Address
Alexandria Pike,
Davies Ward Phillips & Vineberg, Toronto, Ontario, Canada

2:15 - 3:45 pm

E1. Ecosystem Markets: What They Are and How to Make Them Work for Your Clients

Moderator:
Tom Lindley,
Perkins Coie LLP, Albuquerque, NM

Ecosystem Markets: A Very Short Introduction

Speakers:
George Kelly,
Chief Markets Officer, RES, Baltimore, MD

Stream Mitigation & Stormwater Solutions (slides) 

Ecosystem Markets: What They Are and How to Make Them Work for Your Clients

Julie Mentzer, Director of Environmental Operations, Wildlands PNW, Portland, OR

Conservation and NRDA Banking
Ecosystem Markets (slides)

Erika Powers, Barnes & Thornburg LLP, Chicago, IL

Key Considerations - Development of a Nutrient Trading Program in Illinois

E2. Defining the Future of Offshore Energy
Moderator:
Paul Heberling,
WSP Inc, Washington, DC

Speakers:
Joan Barminski,
Pacific Region Director, Bureau of Ocean Energy Management, Camarillo, CA

Defining the Future of Offshore Energy BOEM Perspective

Randall Luthi
, President, National Ocean Industries Association, Washington, DC

Defining the Future of Offshore Energy

Catherine McCabe, Commissioner, New Jersey Dept of Environmental Protection, Trenton, NJ

Development of the Outer Continental Shelf as Part of New Jersey’s Energy Future

E3. Deregulation in Focus: The Clean Air Act and States

Moderator:
Shannon Broome,
Hunton Andrews Kurth, San Francisco, CA

Panel Paper: Deregulation in Focus: The Clean Air Act and States

Speakers:
Jonathan D Brightbill,
Deputy Assistant Attorney General, U.S. Department of Justice, Washington, DC
David Pettit, Senior Attorney, Natural Resources Defense Council, Santa Monica, CA
Clint Woods, Deputy Assistant Administrator, U.S. Environmental Protection Agency, Washington, DC

4:15 -5:45 pm

That's all the news for today. Stay Ethical, San Diego.

That's all the news for today. Stay Ethical, San Diego (Powerpoint)
Legal Ethics in the Environmental Law Context

Moderator:
Irma Russell,
Professor, Univ of Missouri School of Law, Kansas City, MO

That's all the news for today. STAY ETHICAL, SAN DIEGO!

Speakers:
Scott Garner,
Umberg Zipser LLP, Irvine, CA
Benjamin Grimes, Deputy Director Professional Responsibility Advisory Office, U.S. Department of Justice, Washington, DC
Dayna Underhill, Holland & Knight LLP, Portland, OR