Law Seminars International Presents:

The 18th Annual Comprehensive Conference on

Clean Water and Stormwater

Leading clean water experts discuss the broad range of new issues currently in play

August 16 & 17, 2018

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

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Program Overview

Who Should Attend

Attorneys; government officials, real estate and environmental professionals, land use planners, landowners, industry executives, and anyone else involved in water and environmental issues

Why You Should Attend

As the Trump Administration settles in we have a clearer view of the directions for its clean water policies. We'll start the program with insights from two recent EPA enforcement attorneys into the changes they see happening at Region 10, including the impact of reduced enforcement funding and staffing.

The remainder of the program will focus on state and local regulatory policies and structures for maintaining and, in many cases, improving water quality in Washington. To help set the stage, you'll hear about key elements of the Department of Ecology's Clean Water strategy for the state. Then we'll address specific conflict points for land development and the impacts of things we do in our daily lives.

On the development side, you'll hear about the water quality implications of the "Hirst Fix" legislation, how local governments go about making permitting and mitigation decisions, and best stormwater management practices under Ecology's Low Impact Development program.

On the discharge side, you'll hear analyses of three major Section 402 court decisions relating to the Unified Water Theory, the conduit theory of liability, and agricultural operations as point sources. We'll also address certifications under Section 401.

Our closing panel will address the challenge of removing Emerging Persistent Contaminants in our water supplies. We hope you'll join us for a very timely and informative two days.

~ Jeff B. Kray, Esq. of Marten Law and Matthew A. Love, Esq. of Van Ness Feldman, Program Co-Chairs

What You Will Learn

  • ~ Federal policy backdrop for water quality in Washington
  • ~ Environmental perspective on the Federal changes
  • ~ Key elements of Ecology's clean water strategy
  • ~ Water quality implications of the "Hirst Fix" legislation
  • ~ Wetlands and habitat as integral elements for water quality
  • ~ Ecology's Low Impact Development (LID) program
  • ~ Stormwater Best Management Practices (BMPs)
  • ~ Regulation of discharges under Section 402
  • ~ Section 401 certifications
  • ~ The Culverts Case and other Tribal issues
  • ~ Emerging Persistent Contaminants in water supplies

What Attendees Have Said About Similar Programs

  • "Excellent Presentations."
  • "You chose 4 major issues and had stimulating speakers. Thank you."
  • "High profile controversial issues made for a very interesting and relevant CLE - good work!"
  • "This was the best CLE - powerpacked - well planned, interesting, on-point speakers with mix of policy and practical. Thank you!"
  • "Great seminar."

Agenda Day 1

8:30 am

Registration Opens

9:00 am

Introduction & Overview

Jeff B. Kray, Esq. , Program Co-Chair
Marten Law / Seattle, WA

Matthew A. Love, Esq. , Program Co-Chair
Van Ness Feldman / Seattle, WA

9:15 am

The Federal Policy Backdrop for Water Quality in Washington

What to expect from EPA Region 10; overview of substantive developments related to the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA); changes in enforcement funding levels; organizational and policy changes at the EPA and the Corps of Engineers

Endre Szalay, Esq.
K&L Gates / Seattle, WA

Ankur K. Tohan, Esq.
K&L Gates / Seattle, WA

10:30 am

Break

10:45 am

Environmental Perspective on the Federal Changes

The changes with the greatest impact on water quality in the Pacific Northwest

Chris Wilke , Executive Director
Puget Soundkeeper / Seattle, WA

11:30 am

The Role of Streamflows in Ecology's Clean Water Strategy for the State

The broad scope of issues ranging from responses to specific federal changes to new initiatives and enforcement priorities

Melissa Gildersleeve , Interim Section Manger for Streamflow Restoration
Washington State Department of Ecology / Lacey, WA

12:15 pm

Lunch (on your own)

1:30 pm

Water Quality Implications of the "Hirst Fix" Legislation

After the legislation to what extent must local governments consider impacts on the quality of available water before issuing building permits including the impact of growth on concentrations of pollutants?

H. Ray Liaw, Esq.
Van Ness Feldman / Seattle, WA

Tim Trohimovich, Esq. , Director, Planning & Law
Futurewise / Seattle, WA

2:45 pm

Break

3:00 pm

Wetlands and Habitat as Integral Elements for Water Quality

Impact of EPA's reversion to the old definition for Waters of the US under Washington law: How King County makes permitting and mitigation decisions; what it needs from the parties

Michael Murphy , Program Supervisor, Development Rights and In Lieu Fee Mitigation
King County Department of Natural Resources / Seattle, WA

Options for addressing environmental NGO concerns in a way that can satisfy those concerns

Judy Blanco , Director of Riparian Restoration
Forterra / Seattle, WA

4:15 pm

The 2017 Construction Stormwater General Permit

Primary implementation issues from an environmental perspective

Katelyn Kinn, Esq. , Staff Attorney
Puget Soundkeeper / Seattle, WA

5:00 pm

Adjourn Day One

Friday, August 17, 2018

9:00 am

Litigation Update: Regulation of Discharges of Pollutants Under Section 402

The Unitary Water Theory: Catskill case on EPA's Water Transfers Rule

Loren R. Dunn, Esq.
Beveridge & Diamond / Seattle, WA

The Conduit Theory of Liability (whether unconfined groundwater can act as a point source if it conveys pollutants from a point source into waters of the U.S.): Hawaii Wildlife Fund vs. County of Maui

Grayson Holmes, Esq.
Perkins Coie / Seattle, WA

Agricultural operations as point sources: Coast Seafoods case on non-CAFO hatchery discharges via pipes and ditches

Samuel W. (Billy) Plauche, IV, Esq.
Plauche & Carr / Seattle, WA

10:45 am

Break

11:00 am

Section 401 Certifications

Recent developments in 401 certificatioms for FERC licensing of hydroelectric facilities, including FERC orders addressing one-year requirement for state action and recent federal case law pertaining to 401 Certifications

Matthew A. Love, Esq. , Program Co-Chair
Van Ness Feldman / Seattle, WA

Update non-FERC certifications

Brent Carson, Esq.
Van Ness Feldman / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

Tribal Perspective on the Most Pressing Water Quality Issues

Including and beyond the Culverts case

Connie Sue M. Martin, Esq.
Schwabe Williamson & Wyatt / Seattle, WA

2:00 pm

New Developments Involving Emerging Persistent Contaminants in Water Supplies

Update on the science for Perfluorinated Chemicals (PFCs) like Perfluorooctanoic Acid (PFOA) and Perfluorooctanoic Sulfonate (PFOS), 1-4 Dioxane, and various pharmaceuticals: What are the emerging standards?

Robert Anderson, LHG, CWRE , Senior Principal Hydrogeologist
Geosyntec Consultants / Seattle, WA

Mapping the problem areas: Results of recent U.S. Geological Survey (USGS) research into sources, transport, and fate of various contaminants in surface water and groundwater in Washington State

Kathy Conn, Ph.D. , Water Quality Specialist
USGS Washington Water Science Center / Tacoma, WA

Regulatory and litigation update: Issues at the interplay between clean water, drinking water supply, and hazardous waste law; development of regulatory approaches and tools from around the country

Jeff B. Kray, Esq. , Program Co-Chair
Marten Law / Seattle, WA

3:30 pm

Evaluations and Adjourn

Faculty Bios

Jeff B. Kray, Jeff B. Kray, Program Co-Chair and partner at Marten Law, focuses his practice on water quality, water resources, and environmental litigation, including Clean Water Act permitting, regulatory compliance and CERCLA site remediation.

Matthew A. Love, Matthew A. Love, Program Co-Chair, and partner at Van Ness Feldman, focuses on federal and state natural resource and environmental law, on matters pertaining to the Clean Water Act (CWA), Endangered Species Act (ESA), Federal Power Act, Magnuson-Stevens Act and Indian Law.

Robert Anderson, LHG, CWRE Robert Anderson, LHG, CWRE is a Senior Principal Hydrogeologist at Geosyntec Consultants. His technical expertise includes hydrologic characterization, aquifer characterization, groundwater and surface water interaction, probability-based analysis, surface and borehole geophysics, and flow system modeling.

Judy Blanco Judy Blanco is the Director of Riparian Restoration for Forterra, which started as a land conservancy and has broadened its focus to include working lands and urban areas.

Brent Carson, Brent Carson, partner, Van Ness Feldman, focuses his practice on land use and environmental entitlements.

Kathy Conn, Ph.D., is the Water Quality Specialist for the U.S. Geological Survey's Washington Water Science Center.

Loren R. Dunn is a Principal at Beveridge & Diamond. Before entering private practice, he worked for the U.S. Environmental Protection Agency headquarters office as a senior policy economist.

Melissa Gildersleeve is Interim Section Manger for Streamflow Restoration at the Washington State Department of Ecology.

Grayson Holmes Grayson Holmes is counsel in Perkins Coie's Environmental Litigation practice group. He represents clients in a variety of environmental law litigation matters including CERCLA cost recovery actions, SEPA compliance and Endangered Species Act compliance.

Katelyn Kinn, Katelyn Kinn, Staff Attorney for the Puget Soundkeeper Alliance, manages Soundkeeper's Clean Water Act Enforcement Program.

H. Ray Liaw H. Ray Liaw is a partner at Van Ness Feldman where she provides strategic land use counsel and real property advice to both public and private-sector clients.

Connie Sue M. Martin Connie Sue M. Martin is a shareholder at Schwabe Williamson & Wyatt. She helps Indian Tribes, ports, companies of all sizes, and individuals address environmental contamination and restore injured natural resources.

Michael Murphy is Program Supervisor, Transfer of Development Rights and In Lieu Fee Mitigation Program, King County Department of Natural Resources.

Samuel W. (Billy) Plauche, pa Samuel W. (Billy) Plauche, pa rtner, Plauche & Carr, focuses his practice on natural resources, land use and environmental regulations, including compliance counseling and litigation involving Clean Water Act issues.

Endre Szalay recently joined K&L Gates after serving as EPA's Region 10's Senior Water Enforcement Attorney and as the lead attorney for CWA jurisdictional issues, including waters of the United States rulemaking.

Ankur K. Tohan Ankur K. Tohan is a partner at K&L Gates where he focuses on energy infrastructure, natural resource development, compliance counseling, and defense of governmental and citizen enforcement actions.

Tim Trohimovich Tim Trohimovich is the Director of Planning & Law for Futurewise.

Chris Wilke Chris Wilke is Puget Soundkeeper and Executive Director where he leads the advocacy efforts of one of the founding programs in the Waterkeeper movement.

Continuing Education Credits

Live credits: This program qualifies for 10.75 WA MCLE, 10.75 ABCEP, and 10.75 AICP credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Location

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Courtyard by Marriott Seattle Downtown/Pioneer Square

612 Second Avenue in Seattle, WA 98104
(206) 625-1111

The conference will be held at the Courtyard by Marriott Seattle Downtown/Pioneer Square at 612 Second Avenue in Seattle, WA 98104.
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