Law Seminars International Presents:

A Comprehensive Seminar on the 27th Anniversary of the

Model Toxics Control Act

Evolving issues in implementation, litigation, and legislation

September 28, 2017

Seattle, WA
(or anyplace you may be via webcast!)

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Who Should Order

Attorneys, land use and environmental professionals, corporate managers, planners, engineers, architects, city and county officials, real estate professionals and anyone involved with developing contaminated property

Why You Should Order

News about and potential changes to Superfund and EPA's cleanup program is coming fast and furious. While state developments don't get the same media coverage, they have a greater impact on the day-to-day work of most developers, consultants, attorneys, regulators, and other environmental professionals in Washington.

Legislative developments, funding for Model Toxics Control Act (MTCA) programs, Ecology's response to expected EPA cuts, and the expanding role of the Pollution Liability Insurance Agency (PLIA) are just a few examples of issues that we will explain and explore during our bi-annual MTCA Seminar. Other important topics we will cover significant policy changes within the Voluntary Cleanup Program, new case law impacting environmental insurance coverage claims, and a report on the development and implementation of Model Remedies. And, we are excited to offer a case study on the first cleanup project designated as a Redevelopment Opportunity Zone.

We have expert representatives from the government, the private sector, the environmental community, and the lending community to discuss key issues. We believe there is something here for everyone, and look forward to having you join us.

~ Ken Lederman, Esq. of Foster Pepper PLLC and Josh M. Lipsky, Esq. of Cascadia Law Group, Program Co-Chairs

What You Will Learn

  • ~ 2017 Legislative update
  • ~ Ecology's perspective on the state of MTCA
  • ~ The path forward for NFA determinations under the Voluntary Cleanup Program
  • ~ Evolving expanding role of the Pollution Liability Insurance Agency
  • ~ Use of empirical demonstrations for assessing model remedies
  • ~ Post-Gull Industries update on insurance coverage for MTCA claims
  • ~ Effective use of Brownfield Redevelopment Opportunity Zones

What Attendees Said

  • "Great panel to get perspective from legal, regulatory and private"
  • "Awesome law seminar. Great Speakers!"
  • "Thank you. Great seminar."


Thursday, September 28, 2017

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Ken Lederman, Esq. , Program Co-Chair
Foster Pepper PLLC / Seattle, WA

Josh M. Lipsky, Esq. , Program Co-Chair
Cascadia Law Group / Seattle, WA

8:45 am

Legislative Update

Environmental and industry perspectives on recent legislative activity including the hot topic of MTCA funding

Darcy Nonemacher, Esq. , Legislative Director
Washington Environmental Council / Seattle, WA

Gerry O'Keefe , Senior Director, Environmental Affairs
Washington Public Ports Association / Olympia, WA

9:45 am

Ecology's Perspective on the State of MTCA

Impact of Washington State legislative changes; impact of the federal government doing a policy about face and expected cutbacks at the federal EPA; Ecology's policy priorities moving forward

James J. Pendowski , Toxics Cleanup Program Manager
Washington State Department of Ecology / Olympia, WA

10:30 am


10:45 am

NFA Determinations under the Voluntary Cleanup Program (VCP): Policies, Procedures, and the Path Forward

Overview of the key pending issues and private sector perspective

Josh M. Lipsky, Esq. , Program Co-Chair, Moderator
Cascadia Law Group / Seattle, WA

What is working and not working from Ecology's perspective

Robert Warren , Northwest Region Manager,Toxics Cleanup Program
Washington State Department of Ecology / Bellevue, WA

Environmental perspective

Jessica Smith , Senior Geologist
Aspect Consulting LLC / Seattle, WA

Lender perspective

Michael Wearne , Vice President
Columbia Bank / Tacoma, WA

12:15 pm

Lunch (on your own)

1:30 pm

The Evolution and Expansion of the Pollution Liability Insurance Agency (PLIA)

Heating oil tanks, gas stations, and similar sites: Legal and agency management perspectives on coverage, remedies, and case resolutions

Russell E. Olsen, MPA , Executive Director
Pollution Liability Insurance Agency / Olympia, WA

Ivy Anderson, Esq. , Assistant Attorney General
Washington State Attorney General's Office / Olympia, WA

2:30 pm

Model Remedies and Empirical Demonstrations

Standards for use of empirical demonstrations to show the effectiveness of the employment of model remedies

Mark E. Gordon, P.E. , Engineer, Toxic Cleanup Program
Washington State Department of Ecology / Olympia, WA

3:15 pm


3:30 pm

Cost Recovery: Post-Gull Industries Update on Insurance Coverage for MTCA Claims

Recent cases affecting the scope of environmental insurance coverage, including Xia v. ProBuilders Specialty Insurance Co where the Supreme Court, for the first time, applied the "efficient proximate cause" rule to a third-party liability case

Carl E. Forsberg, Esq.
Forsberg & Umlauf PS / Seattle, WA

John P. Zahner, Esq.
Foster Pepper PLLC / Seattle, WA

4:15 pm

Brownfield Redevelopment Opportunity Zones: Case Study of the Mt. Baker Gateway Project

Lessons from pioneering work with Ecology, the City of Seattle, and local stakeholder groups to obtain NGO funding under the state's Brownfield Redevelopment Trust Fund to revitalize the Mt. Baker neighborhood in Rainier Valley

Michael L. Dunning, Esq.
Perkins Coie LLP / Seattle, WA

David Cook, LG, CPG , Principal Geologist
Aspect Consulting LLC / Seattle, WA

5:00 pm

Evaluations & Adjourn

Faculty Bios

Ken Lederman, Ken Lederman, Program Co-Chair, of Foster Pepper LLP, provides counseling and litigation support on environmental issues in real estate transactions and property redevelopment. He was formerly Assistant Attorney General for the Washington State Department of Ecology,

Josh M. Lipsky, Josh M. Lipsky, Program Co-Chair, is a partner at Cascadia Law Group. He focuses on hazardous waste cleanup and liability, including representing clients at Northwest Superfund sites, in contaminated property transactions and in cost recovery disputes.

Ivy Anderson, Assistant Attorney General, Washington State Attorney General's Office, she negotiates and enforces consent decrees and agreed orders on cleanup of hazardous substance sites under the Model Toxics Control Act. She is lead attorney for the Department of Ecology's Toxic Cleanup Program and the Pollution Liability Insurance Agency.

David Cook, LG, CPG, is a Principal Geologist with Aspect Consulting, LLC. He is sought after for his technical acumen and innovative application of financing and risk management tactics to help business owners and communities develop cost effective solutions that put distressed sites back to productive use.

Michael L. Dunning, Perkins Coie LLP, focuses on solving challenges arising from land, water and air pollution, with particular depth in the area of contaminated sites. Previously, he served as an assistant attorney general in Washington State.

Carl E. Forsberg of Forsberg & Umlauf PS, emphasizes insurance defense, first and third-party coverage opinions/litigation, extra contractual matters, the defense of alleged bad faith claims as well as environmental defense claims.

Mark E. Gordon, P.E., is an Environmental Engineer in the Toxic Cleanup Program at the Washington State Department of Ecology. He oversees the development of model remedies. Previously, he worked for the Wisconsin Department of Natural Resources.

Darcy Nonemacher is a Legislative Director for the Washington Environmental Council. She has more than a decade of experience in environmental law and policy issues including land and water conservation, renewable energy development, water law, toxic pollution cleanup and prevention, salmon and steelhead recovery, and budgeting.

Gerry O'Keefe is Senior Director for Environmental Affairs at the Washington Public Ports Association. Previously, he served closely with four Governors, beginning at the Office of Financial Management, moving into the Department of Ecology and, finally, serving as the Executive Director of the Puget Sound Partnership.

Russell E. Olsen, MPA, is the Executive Director for the Washington State Pollution Liability Insurance Agency. Previously, he was the Northwest Regional Voluntary Cleanup Program Unit Supervisor for the Department of Ecology's Toxic Cleanup Program.

James J. Pendowski, Program Manager for the Toxics Cleanup Program at the Washington State Department of Ecology, focuses on waste management, cleanup and redevelopment issues at the state and local government level.

Jessica Smith is a Senior Geologist for Aspect Consulting LLC. She is an environmental project manager with particular experience leading complex, high profile, multi-disciplined projects for both private and public sector clients.

Robert Warren is the Northwest Region Manager, Toxics Cleanup Program, for the Washington State Department of Ecology. He leads a program covering King, Snohomish, Skagit, Kitsap, Island, San Juan and Whatcom counties.

Michael Wearne, is Vice President at Columbia Bank, where he is responsible for Environmental Risk Management. He is on the Board of the Environmental Bankers Association, and previously served Gov. Locke in development of the Area-Wide Soil Contamination Task Force Report.

John P. Zahner of Foster Pepper PLLC, concentrates on insurance coverage from the policyholder's perspective. He has resolved insurance disputes including large first-party property losses, as well as third-party liabilities and lawsuits stemming from environmental contamination.


Continuing Education Credits

Live credits: This program qualifies for 6.5 WA CLE credits and we have applied for AICP planner 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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