Law Seminars International Presents:

The second annual comprehensive conference on

Combating Climate Change in the Pacific Northwest

Next steps for regional, state, and local strategies

June 7 & 8, 2018

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

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Program Overview

Who Should Order

Attorneys, environmental professionals, energy industry executives, state and local government officials, Tribal officials, and others involved with climate change response issues in the West

Why You Should Order

We are thrilled with the excellent faculty we've assembled, including experts on the leading edge of climate change law and policy from around the country and Canada, brought together to provide you a comprehensive understanding of the political and legal dynamics affecting climate policy during the Trump era and their implications for the Pacific Northwest.

Despite the reversal of course at the federal level, states, municipalities, and the international community continue to tackle the threats posed by climate change and the challenge of de-carbonization. You will hear about prospects for congressional action and litigation updates that assess the Trump administration's efforts to repeal the Clean Power Plan and other signature policies of the Obama administration, and how new lines of attack against emitters may be opening in the absence of federal action.

We are pleased to include Reed Schuler, Senior Policy Advisor for Climate and Sustainability to Governor Jay Inslee, who will discuss collaboration with other states and subnational organizations. We will look at lessons from California's groundbreaking work on climate change, and its influence on policy development in Washington and Oregon. A panel on market-based carbon reductions will consider carbon taxes, cap and trade programs, and developments in western electricity markets. We will address storage as the next disruptive technology; the prospects for rapid electrification of transportation; other Federal and State policies for reducing carbon impacts in the transportation sector; and actions that local governments can take now in transportation land use decision making.

~ Craig Gannett, Esq. of Davis Wright Tremaine LLP and Kevin Poloncarz, Esq. of Paul Hastings LLP, Program Co-Chairs

What You Will Learn

  • ~ Big picture overview of climate change-related efforts
  • ~ Detailed look at Trump Administration and Congressional activities relating to climate change
  • ~ Energy and transportation sector litigation updates
  • ~ Lessons from California's groundbreaking climate change work
  • ~ The paths being pursued on Oregon & Washington
  • ~ Market-based carbon reduction programs
  • ~ Electrification of transportation
  • ~ Models assessing the economic impacts of climate change decisions
  • ~ Case studies of local action for reducing carbon impacts

What Attendees Said

  • "Best seminar I've ever attended!"
  • "I LOVE this meeting: I wish we could do more"
  • "Fantastic Seminar!"
  • "Thank you for the opportunity to speak. I really enjoyed how the Conference turned out, and the quality of the discussion"

Agenda Day 1

8:00 am

Registration Opens

8:30 am

The Big Picture: State and Local Government Attempts to Counteract Trump

How the rollback of the Obama climate agenda has mobilized states and local governments to redouble their climate change efforts: Can it succeed?

Kevin Poloncarz, Esq. , Program Co-Chair
Paul Hastings LLP / San Francisco, CA

9:15 am

The National Backdrop: Prospects for Congressional Climate Change Action

If the Republicans retain congressional control this fall, will they attempt to rollback existing environmental statutes? If the Democrats take control, what's their likely strategy for blocking the Trump administration on climate change?

Craig Gannett, Esq. , Program Co-Chair
Davis Wright Tremaine LLP / Seattle, WA

9:45 am

Grid Reliability and Resilience Pricing: FERC's Rulemaking and how the markets are responding

FERC's Grid Reliability and Resilience Pricing proceeding; likely paths forward; impact on potential regional coordination in western markets

Kenneth W. Irvin, Esq.
Sidley Austin LLP / Washington, DC

10:30 am


10:45 am

Checks and Balances: Litigation Update

How the efforts to undo the Obama era climate policies have fared in the courts; how EPA will satisfy its statutory duties in light of Massachusetts vs. EPA; whether new fronts may be opening/reopening against emitters

Kevin Poloncarz, Esq. , Program Co-Chair
Paul Hastings LLP / San Francisco, CA

11:30 am

Collaboration Among States and Subnational Governments

A look at Washington State's efforts to collaborate with other states and subnational governments: Can they move the needle in the face of federal opposition?

Reed Schuler , Senior Policy Advisor, Climate & Sustainability
Governor's Office / Olympia, WA

12:00 pm

Lunch (on your own)

1:15 pm

Lessons from California's Groundbreaking Work for Addressing Climate Change

Energy sector: How plans are progressing to further reduce GHG emissions mostly through increased reliance on renewable energy (50%) and the implications of the shutdown of the last nuclear power plant, Diablo Canyon

John A. McKinsey, Esq.
LeClairRyan / Sacramento, CA

Transportation sector: The shift to Vehicle Miles Traveled (VMT) from Level of Service (LOS) for transportation planning and project permitting

Ronald T. Milam, AICP, PTP , Director of Evolving the Status Quo
Fehr & Peers / Rocklin, CA

Local land use planning and permitting

Christopher J. Butcher, Esq.
Thomas Law Group / Sacramento, CA

2:45 pm


3:00 pm

Climate Policy Development in Washington and Oregon: Two Different Paths

Perspectives on the paths the two states are pursuing; whether they will eventually be reconciled with each other and with California; and whether that matters

Rodney L. Brown, Jr., Esq. , Moderator
Cascadia Law Group PLLC / Seattle, WA

Intrastate and collaborative initiatives in Oregon

Julie Peacock , Senior Policy Advisor
Oregon Public Utility Commission / Salem, OR

Environmental perspective

Vlad Gutman-Britten , Washington Director
Climate Solutions / Seattle, WA

Utility perspective

Bruce Howard , Sr. Director of Environmental Affairs and Real Estate
Avista Corporation / Spokane, WA

Developer perspective

Richard H. Allan, Esq.
Marten Law PLLC / Portland, OR

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Davis Wright Tremaine LLP and Paul Hastings LLP

Friday, June 08, 2018

8:30 am

Market-Based Carbon Reductions

Update on implementation of British Columbia's carbon tax; dos and don'ts for U.S. states

Selina Lee-Andersen
McCarthy Tetrault LLP / Vancouver, BC

Expansion of California's Energy Imbalance Market (EIM) to reduce greenhouse gas emissions by improving grid efficiency

Clare Breidenich , Director, GHG Committee
Western Power Trading Forum / Seattle, WA

John P. Prescott , Governing Board Member
Western EIM / Stevenson, WA

Case study of Ontario joining Quebec in California's Cap & Trade program: How it works; the need to factor political risks into collaboration decisions, particularly when political systems are closely divided

Tyson Dyck
Torys LLP / Toronto, ON CANADA

Implications of changes in West Coast electric markets: Solar over-generation in California, operational challenges for ramping up other resources in the evening, and the potential role of Pacific Northwest hydro, storage, and other technologies

Randall W. Hardy , Principal and Founder
Hardy Energy Consulting / Seattle, WA

10:30 am


10:45 am

Assessing the Economic Impacts of Potential National Carbon Policies

Looking ahead to the 2020s: Impacts on electricity and other energy markets; evaluation of the allocation of allowances under potential cap-and-trade programs; other factors to consider

David Harrison, Jr., Ph.D. , Co-Chair, Global Environmental Group
NERA Economic Consulting / Boston, MA

11:30 am

Storage as the Next Disruptive Technology

Emerging economic viability of storage to facilitate utility scale and distributed carbon-free renewables: New developments ranging from falling lithium-ion battery prices to pumped storage hydro and other utility-scale solutions

Tara S. Kaushik, Esq.
Holland & Knight LLP / San Francisco, CA

12:15 pm

Lunch (on your own)

1:30 pm

What Next for Electrification of Transportation?

Accelerating adoption: Demand response expectations for cars with 300+ mile ranges at lower cost than existing models; parking policy and infrastructure changes to facilitate a shift to charging at work when solar generation is in oversupply

Michael Breish , Policy Associate
NW Energy Coalition / Seattle, WA

2:00 pm

Reducing Transportation Sector Emissions: Federal vs. State Regulatory Policy

Revisiting EPA's mid-term review of vehicle standards through 2025; implications for state enforcement of more stringent standards; possible fights with EPA over existing or future waiver authority; and industry's desire for certainty

William W. Westerfield, III, Esq. , Senior Attorney
Sacramento Municipal Utility District / Sacramento, CA

2:30 pm

Local Action: Reducing Carbon Impacts in the Transportation Sector and in Land Use Decision Making

Overview of what's happening at the local level on climate change issues in Washington

Gary Idleburg , Technical Specialist on Climate Change
Washington State Department of Commerce / Olympia, WA

Practical tips for local and regional transportation planning and assessing transportation impacts in local land use permitting

Lynn Peterson
Lynn Peterson Consulting / Lake Oswego, OR

3:30 pm

Evaluations and Adjourn

Faculty Bios

Craig Gannett, Craig Gannett, Program Co-Chair, is a partner at Davis Wright Tremaine LLP. He focuses on electric utility regulation, renewable energy development, and climate change-related regulation. He is a former Senior Counsel to the U.S. Senate Committee on Energy and Natural Resources, and teaches Climate Change Law at the University of Washington School of Law.

Kevin Poloncarz, Kevin Poloncarz, Program Co-Chair, is a partner in the Environment and Energy Practice of Paul Hastings LLP. He is one of the nation's leading lawyers working on efforts to address climate change under the Clean Air Act and through carbon pricing, including California's Cap-and-Trade Program.

Rodney L. Brown, Jr., Rodney L. Brown, Jr., Moderator, is a partner at Cascadia Law Group PLLC. He focuses on environmental and land use law issues relating to natural resources, transportation mega projects, energy and other project permitting, hazardous waste, climate change, and pollution control.

Richard H. Allan Richard H. Allan is a partner with Marten Law PLLC. He represents developers in the acquisition, siting, expansion and operation of major projects, with an emphasis on energy facilities. He has represented both utilities and independent power producers in power plant siting.

Clare Breidenich Clare Breidenich is Director, GHG Committee for the Western Power Trading Forum. She also is an independent consultant with over 20 years' experience on carbon policy, markets and regulation.

Michael Breish Michael Breish is a Policy Associate at the NW Energy Coalition. He analyzes and develops policies relating to transportation electrification, renewable natural gas, distribution system planning, and strategies for reducing carbon emissions as they relate to the electric and natural gas utility industry.

Christopher J. Butcher, Christopher J. Butcher, Thomas Law Group, represents clients in all phases of environmental law, land use entitlement, and permitting processes. His focus areas include infill development and smart growth innovation.

Tyson Dyck Tyson Dyck is a partner at Torys LLP. He has expertise on Canadian climate change policy and regulation, particularly on the carbon pricing systems established in Ontario, California, Quebec, Alberta, B.C. and other jurisdictions.

Vlad Gutman-Britten Vlad Gutman-Britten is the Washington Director for Climate Solutions. He is responsible for guiding policy development and building an integrated communications, advocacy, and government affairs strategy in Washington.

Randall W. Hardy, Randall W. Hardy, Hardy Energy Consulting, provides strategic advice to utilities, generators, and others in the rapidly changing electricity environment. He previously served as CEO of Seattle City Light and as Administrator of the Bonneville Power Administration.

David Harrison, Jr. is Co- David Harrison, Jr. is Co- Chair the Global Environmental Group at NERA Economic Consulting. He has been active in economic assessment of climate change policies around the world, including the "social cost of carbon" and greenhouse gas emission trading programs.

Bruce Howard Bruce Howard is Senior Director of Environmental Affairs and Real Estate for Avista Corporation. He leads efforts related to FERC hydro license implementation, facility and construction permitting, environmental compliance, environmental and climate policy.

Gary Idleburg Gary Idleburg is the Technical Specialist on Climate Change for Washington State Department of Commerce Growth Management Services.

Kenneth W. Irvin Kenneth W. Irvin co-leads the global Energy practice at Sidley Austin LLP. He has a wide-ranging energy and commodities practice, representing clients on federal and state commodity issues relating to energy, electricity, natural gas, oil, alternative energy, carbon emissions.

Tara S. Kaushik Tara S. Kaushik is a partner at Holland & Knight LLP. She has represented energy companies, local governments, Tribal entities in energy project development, including power purchase agreements and project financing.

Selina Lee-Andersen Selina Lee-Andersen is a partner at McCarthy Tetrault LLP where she advises on carbon pricing, emissions trading, offset systems, compliance, and clean technologies.

John A. McKinsey John A. McKinsey is a partner at LeClairRyan. He regularly serves as lead counsel for the siting of major power projects in and provides guidance in the areas of compliance and regulatory matters, facility development and operation.

Ronald T. Milam, AICP, PTP Ronald T. Milam, AICP, PTP is the director of evolving the status quo at Fehr & Peers where he has focused on travel market priorities and transportation policy and technical questions.

Julie Peacock Julie Peacock is the Senior Policy Advisor at the Oregon Public Utility Commission. She also acts as the lead staff on the Western Public Utility Commissions' Joint Framework on Climate Change.

Lynn Peterson, Lynn Peterson, Lynn Peterson Consulting, most recently was the Secretary of the Washington State Department of Transportation. She is also a nationally recognized transportation and land-use integration expert.

John P. Prescott John P. Prescott is a Governing Board Member of the Western Energy Imbalance Market (WEIM). The WEIM is an organized market that utilizes a five-minute energy trading platform to enhance grid reliability and generate economic benefits for participating electric utilities in eight western states and the province of British Columbia.

Reed Schuler Reed Schuler is a Senior Policy Advisor for Climate and Sustainability to Governor Jay Inslee. Previously, he served at the U.S. Department of State as a U.S. negotiator for the Paris Agreement on climate change and on Secretary of State John Kerry's Policy Planning Staff.

Continuing Education Credits

Live credits: This program qualifies for 12.25 Washington CLE and 12.25 Certified Environmental Professional (CEP) 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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