March 28, 2019

Conference Materials

View Speaker and Moderator Bios click here.

Special: Complimentary Single Copy of Adjudicating Groundwater: A Judge’s Guide to Understanding Groundwater and Modeling

For additional copies visit this link.

Thursday, March 28, 2019

8:30 am – 10:00 am
Plenary 1: Science & Compliance: Trends in Enforcement

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

Speakers:
Suzanne Bohan, Assistant Regional Administrator for Enforcement, Compliance, and Environmental Justice, U.S. EPA Region 8, Denver, CO

Paul Gallay, President, Hudson Riverkeeper, Ossining, NY
The Right to Know and the Responsibility to Act: Ensuring Environmental Compliance through Inspection, Enforcement and Citizen ScienceSlidedeck

Bruce Gelber, Deputy Assistant Attorney General, Department of Justice, Washington, DC

Margaret E. Peloso, Vinson & Elkins, Washington, DC
Citizen Science and Environmental Enforcement


10:30 am – 12:00 pm
A1. PFAS: Impacting Site Remediation and Litigation for Years to Come?

Moderator:
Jeff Kray, Marten Law, Seattle, WA
A Primer on PFAS

Speakers:
Alexandra Dunn, Assistant Administrator, Office of Chemical Safety and Pollution Prevention, U.S. EPA, Washington, DC
Memo
Slidedeck

Chris Higgins, Associate Professor, Colorado School of Mines, Golden, CO
Slidedeck

Jeremy Jungreis, Rutan & Tucker, Orange County, CA

A2. Grid Resiliency: Ensuring and Valuing the Ability to Stay Plugged In

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

Speakers:
Aaron Levine, Senior Legal & Regulatory Analyst, National Renewable Energy Lab, Golden, CO
Distributed Generation: The 21st Century Electric Grid and an Evolving Regulatory Paradigm

Laura Renger, Principal Manager, Air and Climate, Southern California Edison, Rosemead, CA
The Clean Power and Electrification Pathway: Realizing California’s Environmental Goals

Avi Zevin, Attorney, Institute for Policy Integrity, New York Univ Law, New York, NY
Understanding Resilience and the Federal and State Role in Improving It

A3. What the "Frack" is Going on:  Emerging Issues in Oil and Gas Law

Moderator:
Lisa Decker, Senior Counsel, WPX Energy, Inc., Denver, CO

Speakers:
Leslie Boyle, Holland & Hart LLP, Denver, CO
The Sabine Decision and its Effect on Midstream Agreements

Mark Matthews, Brownstein Hyatt Farber Schreck, Denver, CO
Analysis of Martinez Decision

Erin E. Murphy, Senior Attorney, Encana Oil & Gas, Denver, CO
Does the Rule of Capture Preclude Liability for Trespass Due to Hydraulic Fracturing?

2:15 pm – 3:45 pm
B1. The Continuing Evolution of Clean Water Act Jurisdiction
Slidedeck

Moderator:
Steven Miano, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA

Speakers:
Timothy Bishop, Mayer Brown, Chicago, IL
The Continuing Evolution of Clean Water Act Jurisdiction: Litigation Over the 2015 WOTUS Rule and 2018 Applicability Date Rule

Frank Holleman, Southern Environmental Law Center, Chapel Hill, NC
Surface Water Pollution Carried by Groundwater
Slide Deck

Elbert Lin, Hunton Andrews Kurth, Washington, DC
Supreme Court To Weigh In On The Clean Water Act’s Prohibition on Point Source Pollution

B2. What Happens When Recyclables Become Trash, Wastes Go Astray, or the Status of Naturally-Occurring Materials is Changed?

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
Regulating Technologically Enhanced Naturally Occurring Radioactive Material (TENORM)

James Slaughter, Beveridge & Diamond, P.C., Washington, DC
Constitutional Litigation and Tort Defense to Protect the Unpopular: The Law of Biosolids
Slidedeck

Danielle Waterfield, Senior Director of Government Relations & Assistant General Counsel, Institute of Scrap Recycling Industries, Inc., Washington, DC
The State of Recycling in Light of Uncertain Economic and Global Dynamics
Slidedeck

B3. Permit Streamlining for Mineral Exploration and Development

Moderator:
Aleava Sayre, Stoel Rives, Minneapolis, MN

Speakers:
Philip Lowe, Solicitor, U.S. Department of Interior, Lakewood, CO
National Environmental Policy Act Streamlining (slidedeck)

Laurel Sayer, CEO, Midas Gold, Boise, ID
“Work Day Passes like Molasses in Wintertime, But it’s July” Permit Streamlining for Mineral Exploration and Development
Slidedeck

Laura Skaer, Executive Director, American Exploration & Mining Association, Spokane, WA
Slidedeck

4:15 pm – 5:45 pm
C1. Water 2070: The Future of Drinking Water in the United States, the Nexus Between Water Supply and Water Quality

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

Speakers:
Robert Abrams, Professor, Florida A & M University College of Law, Orlando, FL
Water 2070: Issues of Quantity and Quality

Amanda Waters, General Counsel, National Association of Clean Water Agencies, Washington, DC
Crystal (Water) Ball Forecast: Holistic Regulation is the Future

Katherine Zitch, Manager, Natural Resources, Atlanta Regional Commission, Atlanta, GA
Addressing Metropolitan Atlanta’s Water Challenges Through Innovation, Investment and Infrastructure

C2. One Federal Decision and Regulatory Streamlining: Opportunities and Costs for Infrastructure Development

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

Speakers:
Dinah Bear, Tucson, AZ
The Continued Reinvention of Streamlining:  Are We Making the Process More Efficient and Effective or Rushing to Get to “Yes”?

Edward Boling, Associate Director for the National Environmental Policy Act, Council on Environmental Quality, Washington, DC
NEPA for Infrastructure (slide deck)

Amy W Larson, President, National Waterways Conference, Inc, Arlington, VA
One Federal Decision and Regulatory Streamlining: A game changer for the planning and development of the nation’s water resources infrastructure, or just another idea from inside the Beltway?

C3. When Financing Goes Bad: Doing Deals and Litigating Cases When Bankruptcy, Workouts, or Ability to Pay for Environmental Liabilities is at Issue

Moderator:
Jeanne Cohn-Connor, Kirkland & Ellis LLP, Washington, DC
Environmental Response Trusts: The How and the Why

Speakers:
Mary Koks, Munsch Hardt Kopf & Harr, P.C., Houston, TX
All Good Things Must End Decommissioning Oil and Gas Facilities and Bankruptcy Impacts

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

Andrew Otis, Locke Lord, New York, NY

Friday, March 29, 2019

8:30 am – 10:00 am
Plenary 2: The Next Battlegrounds: How the Composition of the Federal Courts Will Shape the Future of Environmental, Energy and Resources Law
The Next Battlegrounds: How the Composition of the Federal Courts Will Shape the Future of Environmental, Energy and Resources Law

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

Speakers:
David Chung, Crowell Moring, Washington, DC

Erin Murphy, Kirkland & Ellis LLP, Washington, DC

Sara Colangelo, Environmental Law & Policy Program Director and Visiting Professor of Law, Georgetown Law Center, Washington, DC

10:30 am – 12:00 pm
D1. Frenemies: Federal, State, Tribal, and Local Governments and the Inherent Tension of Cooperative Federalism on the Ground

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
Tribal Environmental Self-Determination: Beneficiary or Casualty of Trump’s Return to Local Environmental Management?
Slidedeck

Mark DeLaquil, Baker & Hostetler LLP, Washington, DC

D2. East Meets West in the Air Quality Arena: Ozone Attainment, Regional Haze, Electric Vehicles and More

East Meets West in the Air Quality Arena: Ozone Attainment, Regional Haze, Electric Vehicles and More

Moderator:
John Jacus, Professor of Environmental Law, George Washington University School of Law, Washington, DC

Speakers:
Megan Ceronsky, Executive Director, Center for Applied Environmental Law & Policy, Boulder, 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

D3. International Product Stewardship Regulations: Their Effect on Integrated Supply Chains and Corporate Transactions

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

Speakers:
Lucas Bergkamp, Hunton Andrews Kurth, Brussels, Belgium
European Union Product Stewardship Regulations: Implications for Supply Chains and Corporate Transactions

Ryan Carra, Beveridge & Diamond, P.C., Washington, DC
Slidedeck

Lydia Duff, Associate General Counsel-EHS, W. R. Grace & Co., Columbia, MDKey Questions to Confirm the Chemical Compliance Status of Acquired Entities in the United States and Other Key Markets (Carra & Duff joint paper)
Slidedeck (Duff)
REACH At a Glance slides

1:30 pm – 3:00 pm
E1. The New Cannabis Industry: Will it Cause the Environment to Go to Pot?
Tab A: Watershed Best Management Practices for Cannabis Growers and other Rural Gardeners

Tab B: California Assembly Bill No 243
Tab C: California Comprehensives Adult Use of Marijuana Act – 2016 Proposition 64
Tab D: CalCannabis Cultivation Licensing Environmental Review FAQ
Tab E: Paired Watershed Comparison
Tab F: A Review of the Potential Impacts of Cannabis Cultivation on Fish and Wildlife Resources
Tab G: Bokaie et al v. Green Earth Coffee LLC et al
Tab H: Emission Reductions: Cannabis Cultivation It’s good for business, and it’s good for the air.
Tab I: Greening the Cannabis Industry (Colorado Department of Public Health and Environment)
Tab J: Cannabis: Environmental BMP Guide
Tab K: S. Kamin, Can you fight marijuana laws with RICO Suits?
Tab L: U.S. Court of Appeals for the Tenth Circuit
Tab M: J. Ingold, Jury finds in favor of Colorado marijuana grow in closely watched federal lawsuit
Tab N: U.S. District Ct., District of Oregon
Marijuana Crops in California Threaten Forests and Wildlife (New York Times)

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 at the Colorado Attorney General's Office, Colorado Attorney General's Office, Denver, CO
Will Cannabis Cultivation Drive the Environment to Pot? Considering the Environmental Footprint of the Cannabis Industry

David Welch, DR Welch, Los Angeles, CA

E2. How Prospective Changes to the Endangered Species Act Affect Landowners
Slidedeck

Moderator:
James Rusk, Sheppard Mullin et al, San Francisco, CA
How Prospective Changes to the Endangered Species Act Affect Landowners

Speakers:
Rachel Jacobson, Special Counsel, Wilmer Hale, Washington, DC
ESA Section 7 Consultation:  Time for a Change?

Tyson Kade, Van Ness Feldman, LLP, Washington, DC
The Dusky Gopher Frog and Implications for Critical Habitat Designations Following the Supreme Court’s Weyerhaeuser Decision
Slidedeck

Janice Schneider, Latham & Watkins LLP, Washington, DC
Endangered Species Act Listing and Critical Habitat Designations: What the New Proposed Rules May Mean for Your Client

E3. Turning Brownfields into Green Money: Creative Deals to Boost Contaminated Superfund Site Redevelopment and Streamline Cleanups

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, U.S. EPA, Washington, DC
Spurring the Revitalization of Brownfields to Increase Community Economic Development (Overmeyer)

Marian Whiteman, Executive Counsel – Brownfields, General Electric, New York, NY
Spurring the Revitalization of Brownfields to Increase Community Economic Development (Whiteman)

3:30 pm – 5:00 pm
ETHICS: Tweets, Posts, Snaps, and Chats: Lawyer Ethics and Social Media

Moderator:
Charles Luce, Jr., Moye White, Denver, CO

Speakers:
Amy DeVan, Wheeler Trigg O'Donnell LLP, Denver, CO
Social Control: Crafting Policies Governing Employees’ Private Use of Social Media

Hon. Richard Gabriel, Colorado Supreme Court, Denver, CO
To Friend or Not to Friend: Social Media, Social Networking, and the Courts

Jan Jacobowitz, Director, Professional Responsibility & Ethics Program, University of Miami School of Law, Coral Gables, FL