Law Seminars International Presents:

The Tenth Annual Advanced Conference on Litigating

Natural Resource Damages

Best strategies and tactics to handle large, complex NRD cases

July 14 & 15, 2016

Santa Fe, NM

Download PDF Brochure
Santa Fe - NM


Who Should Order

In-house and private attorneys, consultants, corporate managers and governmental representatives, and others who are involved in natural resource damage claims

Why You Should Order

View Jim Bruen's personal invitation to attend the program

The Santa Fe Advanced Natural Resource Damages Conference is celebrating a decade as one of the leading NRD conferences in the nation with an incredible faculty and program for 2016.Headlining this year's conference are Lisa P. Jackson, Vice President, Environment, Policy and Social Initiatives at Apple and former Administrator of the US EPA, John Cruden, Assistant Attorney General for the US DOJ Environment & Natural Resource Division, the Hon. Ethel Branch, Attorney General of the Navajo Nation, and the Hon. Ryan Flynn, New Mexico's Secretary, Environment Department and Natural Resources Trustee, together with a faculty of nationally renowned scientists, economists, and legal counsel from leadership positions in academia, government, and the private sector.

The politics and policy behind our natural resources are evolving globally, while the law of natural resources damages continues to expand in scope and importance.Today, the stakes for NRD litigation in the US have grown to staggering proportions.As the Chairs of this Conference, we are proud to bring the leaders in natural resources policy and litigation together to tackle many of the most pressing and difficult matters existing today, including:

~The final Deepwater Horizon NRD settlement, the largest NRD settlement in history

~ Climate Change, the Paris Accords, Carbon and Air Emissions, and air as a natural resource damage

~ The enormous remediation and NRD consequences of mining sites across the Mountain West

~ NRD litigation updates and strategies impacting the quantification of economic impacts and damages, the admissibility of expert testimony, and for taking an NRD case to trial

~ Creative approaches to addressing natural resource impacts and NRD from cradle to grave

This conference will tackle the preeminent issues of the day in a forum that facilitates interaction among all of the participants and faculty in the extraordinary city of Santa Fe.

~ Sarah Peterman Bell, Esq., James A. Bruen, Esq., and William J. Jackson, Esq., Program Co-Chairs

What You Will Learn

  • The final Deepwater Settlement - largest in history
  • Outside the box settlements
  • Valuing non-use/bequest damages
  • Effectively making your case
  • NRD at abandoned mining sites
  • Admissibility of NRD experts
  • Early restoration & community input
  • Climate change, air and NRD
  • Best practices for proactive response
  • Natural resources preservation and restoration

What Attendees Said

  • "This seminar is an interesting and provocative forum for divergent views. Excellent Job!"
  • "The faculty for this conference are the best in their fields. It's a great opportunity to attend an educational seminar with this group. It's well worth the registration fee."
  • "Materials are always comprehensive - I consult LSI NRD books regularly."
  • "Terrific seminar; possibly the best one of these I have attended (last 4 NRD conferences by LSI). Thanks to all the speakers for the time taken to prepare the slides and materials."

Agenda Day 1

Thursday, July 14, 2016

8:30 am

Introduction & Overview

Sarah Peterman Bell, Esq. , Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

James A. Bruen, Esq. , Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

William J. Jackson, Esq. , Program Co-Chair
Jackson Gilmour & Dobbs, PC / Houston, TX

8:45 am

Special Opening Address: Deepwater NRD Settlement

How the NRD claims relating to the Deepwater Horizon accident were negotiated and settled, and the latest on the settlement status

John C. Cruden, Esq. , Assistant Attorney General Environment & Natural Resource Division
U.S. Department of Justice / Washington, DC

9:30 am

Creative Resolution: Outside the Box Settlements

Bring an open mind! Outside-the-box settlement strategies to expedite resolution of NRD claims

Brian D. Israel, Esq.
Arnold & Porter LLP / Washington, DC

Tony M. Penn , Division Chief, Assessment and Restoration Division
National Oceanic and Atmospheric Administration / Silver Spring, MD

10:15 am


10:30 am

Latest Economic Approaches

Trends and best-practices in valuing non-use/bequest damages

Kevin J. Boyle, Ph.D. , Professor of Environmental Economics
Virginia Tech University / Blacksburg, VA

Charles J. Cicchetti , Senior Advisor
Pacific Economics Group / Pasadena, CA

Donald W. Fowler, Esq.
Hollingsworth LLP / Washington, DC

11:30 am

Taking an NRD Case to Trial: Effectively Making Your Case

Practical tips on how to prepare for, and present, NRD claims and defenses at trial

John K. Dema, Esq.
Law Offices of John K. Dema, P.C. / Christiansted, VI

Christopher Locke, Esq.
Farella Braun & Martel LLP / San Francisco, CA

12:15 pm

Lunch (on your own)

1:30 pm

NRD at Abandoned Mining Sites: Gold King Mine Release and the Bigger Picture

The broad framework for the problem of abandoned mines, specific resource impacts, and the status of the Animas and San Juan Rivers

John D. Gilmour, Esq.
Jackson Gilmour & Dobbs, PC / Houston, TX

Ryan C. Flynn , Secretary
NM Environment Department / Santa Fe, NM

Ethel Billie Branch, Esq. , Attorney General
Navajo Nation / Window Rock, AZ

2:45 pm

Daubert: Admissibility of NRD Experts

Quantifying injury and damages: Practical and legal challenges to making the expert case for injury in court

Ira Gottlieb, Esq.
McCarter & English, LLP / Newark, NJ

Peggy Otum, Esq.
Arnold & Porter LLP / San Francisco, CA

3:30 pm


3:45 pm

Early Restoration & Community Input

Inventive approaches to addressing natural resource injury through early restoration; NGO roles (stakeholder, settlement challenger, and potential plaintiff)

Judi L. Durda , Vice President, Corporate Secretary, Principal Toxicologist
Integral Consulting Inc. / Annapolis, MD

Diana Lane, Ph.D. , Principal Associate
Abt Associates / Boulder, CO

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Farella Braun + Martel LLP and Jackson Gilmour & Dobbs, PC

Agenda Day 2

Friday, July 15, 2016

8:30 am

Climate Change: Update on the Paris Climate Conference

Report from participation at the talks: Information, experiences and perspectives on emerging issues at the intersection of climate change and global environmental law

Robert Percival, Esq. , Professor and Director Environmental Law Program
University of Maryland / College Park, MD

Michael B. Gerrard, Esq. , Professor of Professional Practice
Columbia Law School / New York, NY

9:30 am

Climate Change, Air, and NRD

This panel will follow on the preceding climate change discussion and address the practical challenges involved in NRD claims from impacts to air

Sarah Peterman Bell, Esq. , Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

10:15 am


10:30 am

Emergency Response: The Evolving Nature of Response to Catastrophic Events and Best Practices for Proactive Response and Resolution of NRD

Through social media, technology and transparency, the nature of emergency response and management have changed dramatically: Best practices and approaches from the inception of a release

David P. Young, Esq. , Assistant Vice President - Law
Union Pacific Railroad / Houston, TX

William Jackson, Esq. , Program Co-Chair
Jackson Gilmour & Dobbs, PC / Houston, TX

11:15 am

Natural Resource Preservation and Restoration: Innovation in Practice

Lisa P. Jackson , Vice President, Environment, Policy and Social Initiatives
Apple / Cupertino, CA

11:45 am

Grand Rounds Wrap Up

With members of the faculty

Sarah Peterman Bell, Esq. , Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

James A. Bruen, Esq. , Program Co-Chair
Farella Braun + Martel LLP / San Francisco, CA

William Jackson, Esq. , Program Co-Chair
Jackson Gilmour & Dobbs, PC / Houston, TX

12:15 pm

Evaluations and Adjourn

Faculty Bios

Sarah Peterman Bell, Esq., Program Co-Chair, partner, Farella Braun + Martel LLP, concentrates on environmental and natural resources litigation and counseling, as well as environmental enforcement actions and cost recovery litigation.
Full bio and contact info for Sarah Peterman Bell at Farella Braun + Martel LLP

James A. Bruen, Program Co-Chair, partner, Farella Braun + Martel LLP, represents industry, universities and governmental institutions on domestic and international environmental issues and litigation involving NRD. He is President-Elect of the American College of Environmental Lawyers.

William J. Jackson, Esq., Program Co-Chair, founding partner, Jackson Gilmour & Dobbs, PC, represents governmental entities, energy- and transporation-sector clients in litigation involving environmental and natural resource damages, property damages, economic impacts, and remediation costs at sites across the country.
Full bio and contact info for William J. Jackson at Jackson Gilmour & Dobbs, PC

Kevin J. Boyle, Ph.D., is Professor of Environmental Economics, Virginia Tech University. Applications of his research include surface and groundwater, land use, forest health, climate change, marine resources, and health.

Ethel Billie Branch is Attorney General, Navajo Nation. Her experience includes advising and representing Indian Nations and Tribal governments on restoration of Tribal natural resources and protection of Tribal sovereign immunity from suit in state court.

Charles J. Cicchetti, Ph.D., is Senior Advisor, Navigant Consulting, Inc. and Member of Pacific Economics Group, and experienced in environmental litigation including natural resource damage assessment and cost allocation under CERCLA and the Oil Pollution Act.

John C. Cruden, Special Address, Assistant Attorney General of the U.S. Department of Justice, Environment and Natural Resources Division. Previously, he was President of the Environmental Law Institute.

John K. Dema, Law Offices of John K. Dema, concentrates on natural resource damage recoveries on behalf of Trustees of Natural Resources.

Judi L. Durda, Vice President, Corporate Secretary and Principal Toxicologist, Integral Consulting Inc., is experienced in risk assessment, toxicological evaluations, forensics analysis, and regulatory compliance support under federal and state programs.

The Hon. Ryan Flynn, Secretary of Environment and Natural Resources Trustee for the State of New Mexico, was appointed to both positions in 2013 by Governor Susana Martinez.

Donald W. Fowle r, managing partner, Hollingsworth LLP, concentrates his practice on defending environmental and toxic tort litigation, including actions brought by federal and state natural resource trustees.

Michael B. Gerrard, Professor of Professional Practice, Columbia Law School, teaches environmental, climate change and energy regulation law. He is former partner in charge, and current Senior Counsel, of Arnold Porter LLP, New York.

John D. Gilmour, founder, Jackson Gilmour & Dobbs, PC, concentrates on commercial and environmental law and has specific experience with natural resource damages in both state and federal courts.
Full bio and contact info for John D. Gilmour at Jackson Gilmour & Dobbs PC

Ira Gottlieb, partner, McCarter & English, LLP, Practice Leader, Environment & Energy Practice Group, former Assistant Regional Counsel for the U.S. EPA Region III, is recognized as New Jersey Super Lawyer and Chambers USA "Leaders in their Field".

Brian D. Israel, partner, Arnold & Porter LLP, focuses on environmental litigation and counseling, and is the author of the Natural Resource Damages chapter in the Environmental Law Practice Guide. He is lead counsel to BP in relation to the Deepwater Horizon Spill.

Lisa P. Jackson, Vice President of Environment, Policy and Social Initiatives at Apple, served as the Administrator of the United States Environmental Protection Agency (EPA) from 2009 to 2013.

Diana Lane, princ ipal at Abt Associates, is a terrestrial ecologist, working on all aspects of restoration planning, management and evaluation, and specific experience in a variety of natural resource damage assessment sites throughout the Unites States.

Peggy Otum, partner, Arnold & Porter, LLP, focuses on advising corporate clients regarding environmental enforcement, litigation, and transactional matters and has specific experience representing clients on complex environmental issues at both the state and federal level.

Robert Percival, professor of Law and Director, Environmental Law Program, University of Maryland is a former senior attorney for the Environmental Defense Fund.

David P. Young is Assistant Vice President - Law for the Union Pacific Railroad


Continuing Education Credits

Live credits: This program qualifies for 10.0 NM CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

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