Law Seminars International Presents:

The Seventh Annual Advanced Conference on

Natural Resource Damages

Once again, in-house, private, and government attorneys, trustees, industry executives, risk managers, and consultants will gather in D.C. to discuss best strategies for your NRD case

March 1 & 2, 2018

Washington, DC
(or anyplace you may be via webcast!)

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Program Overview

Who Should Attend

In-house, private and government attorneys; trustee representatives; senior executives and risk managers; consultants and others who are involved in natural resource damage policy, assessments and claims

Why You Should Attend

Among the results of the 2016 presidential election were shifts in federal environmental policy and resulting shifts in state and Tribal environmental policy that will influence trustee approaches towards assessment and recovery of natural resource damages. This year's Advanced NRD Conference in D.C. will examine the existing and potential changes, and provide critical information so that NRD stakeholders may be better able to adapt. We'll look at these issues from the perspectives of federal trustees, state and Tribal trustees, responsible parties, and others affected by natural resource damages cases.

At this moment of transition, the D.C. Advanced NRD Conference will also provide a forum to explore the past successes, challenges and opportunities of the NRD legal regime, including ideas for making the NRD practice more efficient and effective.

The Conference will also address the critical strategic and tactical aspects of NRD litigation. We'll have a case study of the Portland Harbor site, which is a large on-going NRDA with some innovative approaches being tried. Baseline is often overlooked, but there are some very interesting developments now that we're in an era of big data and climate change-related claims. There also are new developments in the integration of science and economics to reduce uncertainty in evaluating NRD claims. In terms of putting the pieces together, we'll have an engaging presentation from two accomplished trial attorneys on how to prepare an NRD case for trial by putting a good story together.

We'll wrap up with a look at what issues are likely to be coming over the horizon for NRD litigation. It's a particularly important year for the conference and we hope you'll join is for the program and a special dinner with our nationally renowned faculty on Thursday evening to continue the conversation and meet others in the field.

Register soon to reserve your place.

~ Ira M. Gottlieb, Esq. of McCarter & English LLP and Brian D. Israel, Esq. of Arnold & Porter Kaye Scholer LLP, Program Co-Chairs

What You Will Learn

  • Special Opening Address: How DOJ will be approaching NRD claims
  • How Federal trustees see current challenges and opportunities
  • The future of NRD from state and Tribal perspectives
  • Case study of the Portland Harbor as a large, ongoing NRDA
  • Baseline in an era of big data and climate change
  • Integrating science and economics to deal with uncertainty
  • In-House perspectives on making Strategies to Make NRD more efficient
  • NRD Regulatory Reform
  • Telling your story: Tips for preparing for an NRD trial
  • Special Closing Address: John Cruden on the past, present & future of NRD

What Attendees Have Said About Similar Programs

  • "Great speakers, maybe the best I have seen in years!"
  • "Excellent balance between government and responsible party perspectives"
  • "All excellent speakers and materials."
  • "Thank you for great hospitality,excellent presentations!"

Agenda Day 1

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Brian D. Israel, Esq. , Program Co-Chair
Arnold & Porter Kaye Scholer LLP / Washington, DC

Ira M. Gottlieb, Esq. , Program Co-Chair
McCarter & English LLP / Newark, NJ

8:45 am

Special Opening Address: Policy Priorities at the DOJ's Environment and Natural Resources Division (ENRD)

How the Department will be approaching NRD claims, investigations, and litigation

Jeffrey H. Wood, Esq. , Acting Assistant Attorney General for ENRD
U.S. Department of Justice / Washington, DC

9:15 am

The Future of NRD: Federal Trustee Perspectives

How the trustees see the current challenges and opportunities

Brian Israel, Esq. , Program Co-Chair, Moderator
Arnold & Porter Kaye Scholer LLP / Washington, DC

Chauncey Kelly, Esq. , Chief, Natural Resources Section
National Oceanic and Atmospheric Administration / Silver Spring, MD

John Rudolph, Esq. , Attorney-Advisor
U. S. Department of the Interior / Washington, DC

10:15 am

Break

10:30 am

Portland Harbor: Strategic Insights from One of the Nation's Largest On-Going NRD Assessments (NRDA)

Strategic questions related to cooperative assessments, restoration and remedial planning, overlapping trusteeship and other issues

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

Joan P. Snyder, Esq.
Stoel Rives LLP / Portland, OR

11:30 am

The Baseline Imperative: From Regulations to State of the Practice

Why it is critical to assess both regulatory and scientific aspects? Why is it often overlooked? What is the role of climate change?

Paul D. Boehm, Ph.D. , Group VP, Principal Scientist
Exponent, Inc. / Maynard, MA

Denise Kay, Ph.D. , Technical Director for Toxicology
O’Brien & Gere (OBG) / East Lansing, MI

How do increased data accessibility and 'big data' affect our ability to characterize baseline?

Ann Michelle Morrison, Ph.D. , Senior Managing Scientist
Exponent, Inc. / Maynard, MA

12:15 pm

Lunch (on your own)

1:30 pm

In-House Perspectives on Strategies to Make NRD More Efficient

Thomas Byrne, Esq. , Chief Environmental Counsel
Honeywell International Inc. / Morristown, NJ

Peter C. Wright, Esq. , Managing Counsel
The Dow Chemical Company / Saginaw, MI

2:45 pm

State and Tribal Perspectives on Pursuing NRD Claims

Will state and Tribal trustees be more inclined, and have the resources, to take the lead in pursuing claims? Are there potential conflicts with federal trustees and how may they be addressed?

Ira Gottlieb, Esq. , Program Co-Chair, Moderator
McCarter & English, LLP / Newark, NJ

David F. Askman, Esq.
The Askman Law Firm LLC / Denver, CO

Hilary C. Tompkins, Esq.
Hogan Lovells US LLP / Washington, DC

3:45 pm

Break

4:00 pm

Leading Government Officials and In-House Counsel Discuss NRD Regulatory Reform

An idea that’s time has come?

William D. Brighton, Esq. , Assistant Chief, Environmental Enforcement Section
U.S. Department of Justice / Washington, DC

An idea whose time has come?

John Carlucci, Esq. , Assistant Solicitor
U. S. Department of the Interior / Washington, DC

Jean Martin, Esq. , Senior Counsel, HSSE
BP America Inc. / Houston, TX

Craig R. O'Connor, Esq. , Section Chief and Special Counsel for Natural Resources
National Oceanic and Atmospheric Administration / Seattle, WA

5:30 pm

Continue the Exchange of Ideas: Dinner & Reception for Attendees and Faculty

Sponsored by Arnold & Porter LLP and McCarter & English LLP

Friday, March 02, 2018

8:30 am

Introduction to Day 2

Brian D. Israel, Esq. , Program Co-Chair
Arnold & Porter Kaye Scholer LLP / Washington, DC

Ira M. Gottlieb, Esq. , Program Co-Chair
McCarter & English LLP / Newark, NJ

8:45 am

Science and Economics: A New, Integrated Approach to NRDA

Changing paradigms: Integrating science and economics to find better ways of dealing with uncertainty in resolving NRDA claims and moving the case towards resolution in what is necessarily a public process

Robert Haddad, Ph.D. , Group VP - Environmental & Earth Sciences
Exponent, Inc. / Menlo Park, CA

Adam Domanski, Ph.D. , Economist
ECONorthwest / Seattle, WA

Theodore Tomasi, Ph.D. , Vice President and Director of National Practices
Cardno, Inc. / Newark, DE

10:15 am

Break

10:30 am

Practical Tips from Top Environmental Litigators for Preparing for an NRD Trial

Creating an NRD narrative through tools for gathering evidence and persuading the jury; this interactive panel will present some of the latest learnings from recent NRD and other environmental trials

Kevin J. Vaughan, Esq. , Moderator, Counsel, Environmental & Safety
Exxon Mobil Corporation / Spring, TX

James A. Bruen, Esq.
Farella Braun + Martel LLP / San Francisco, CA

Allan Kanner, Esq.
Kanner & Whiteley, LLC / New Orleans, LA

12:00 pm

Special Closing Address: The Past, Present & Future of NRD

A view from the former Special Assistant Attorney General for the Department of Justice's Environment and Natural Resources Division

John C. Cruden, Esq. , President
American College of Environmental Lawyers / Washington, DC

12:30 pm

Evaluations and Adjourn

Faculty Bios

Ira M. Gottlieb Ira M. Gottlieb is a partner at McCarter & English LLP where he leads the Environment & Energy Practice Group. His work includes large multi-party superfund sites around the country including the Berry's Creek Study Area and Portland Harbor.

Brian D. Israel Brian D. Israel chairs the Environmental Practice Group at Arnold & Porter Kaye Scholer LLP and is one of the nation's leading attorneys for NRD claims. He served as lead counsel to BP for the Deepwater Horizon NRD claim and was one of the trial attorneys representing BP at the Deepwater Horizon Clean Water Act penalty trial.

Jeffrey H. Wood, Jeffrey H. Wood, Special Address, is the Acting Assistant Attorney General for the Environment and Natural Resources Division (ENRD) at the U.S. Department of Justice. Previously, he served as the Republican staff director for the U.S. Senate sub-committee on clean air, nuclear safety, water and wildlife. He also was environmental counsel for senator Jeff Sessions.

Kevin J. Vaughan is Counsel, Environmental & Safety, at Exxon Mobil Corporation. He focuses on Superfund and natural resource damage issues.

David F. Askman David F. Askman is the founder of The Askman Law Firm LLC. He specializes in environmental law and representation of indigenous peoples. Previously, he was Senior Counsel for the Environmental Enforcement Section at the United States Department of Justice.

Paul D. Boehm, Ph.D., Paul D. Boehm, Ph.D., is Corporate Vice President & Principal Scientist at Exponent, Inc. He is a leading recognized expert in the fields of natural resource damage assessments (NRDA) for oil spills and contaminated sites involving organic chemicals.

William D. Brighton William D. Brighton is the Assistant Chief, Environmental Enforcement Section for the U.S. Department of Justice.

James A. Bruen, James A. Bruen, partner at Farella Braun + Martel LLP, is immediate past President of the American College of Environmental Lawyers. He is listed as one of the top environmental experts in California by Chambers and designated as one of the nation's 16 "Distinguished Environmental Advocates" by the ABA.

Thomas Byrne is Chief Environmental Counsel at Honeywell International Inc.

John Carlucci is the Assistant Solicitor for Office of the Solicitor, Environmental Restoration Branch at the U.S. Department of the Interior. He represents the Department in CERCLA, OPA and CWA NRD assessment and restoration claims.

John C. Cruden John C. Cruden is President of the American College of Environmental Lawyers. Previously, he was an Assistant Attorney General in the U.S. Department of Justice's Environment and Natural Resources Division, and President of the Environmental Law Institute.

Adam Domanski, Ph.D, Adam Domanski, Ph.D, is senior economist at ECONorthwest who specializes in environmental and natural resource economics, natural resource damage assessment, applied econometrics, and non-market valuation He has extensive experience valuing changes to public and environmental goods using quantitative methods. Prior to joining ECONorthwest, Adam was an economist with NOAA's Office of Response and Restoration and was responsible for assessing ecological and human use injuries resulting from oil spills and chronic hazardous waste contamination

Loren R. Dunn is a principal at Beveridge and Diamond PC. His environmental projects have involved hazardous waste and large multi-party toxics cleanup sites, including marine and fresh water sediment sites, landfills, and natural resource damages claims.

Robert Haddad, Ph.D., Robert Haddad, Ph.D., is the Group Vice President & Principal Scientist - Environmental & Earth Sciences for Exponent, Inc.. He served for 8 years, as head of NOAA's Assessment & Restoration Division (ARD) and as one of three leads for NOAA's Damage Assessment, Remediation, Restoration Program (DARRP).

Allan Kanner, Allan Kanner, Kanner & Whiteley LLC, represents the State of New Jersey against ExxonMobil in a major natural resource damages case. In addition, he represented the State of Louisiana in the Deepwater Horizon Horizon oil spill litigation.

Denise Kay, Ph.D., Technical Director for Toxicology at O’Brien & Gere (OBG). She is the author of more than 30 peer-reviewed published journal articles on topics of wildlife chemical exposure, food-chain transfer, environmental toxicology, contaminant absorption, and bioavailability.

Chauncey Kelly is Section Chief in the Natural Resources Section for NOAA's Office of General Counsel.

Jean Martin is Senior Counsel, HSSE, in the Legal Department of BP America Inc.

Ann Michelle Morrison, Ph.D., Ann Michelle Morrison, Ph.D., is Senior Managing Scientist at Exponent, Inc.. She has over 20 years of experience evaluating the relationship between anthropogenic contamination and health effects to aquatic life and humans.

Craig R. O'Connor is Section Chief and Special Counsel for the Natural Resources Section, Office of General Counsel, National Oceanic and Atmospheric Administration. He provides legal advice to the National Marine Fisheries Service and the National Ocean Service, and seeks monetary restitution from responsible parties for injuries caused to natural resources.

John Rudolph is Attorney-Advisor at the U.S. Department of the Interior in the Office of the Solicitor, Division of Parks and Wildlife, Branch of Environmental Restoration.

Joan P. Snyder Joan P. Snyder is a partner at Stoel Rives LLP. She advises clients on all aspects of state and federal cleanups, including the defense of natural resource damages claims and has been involved in the Portland Harbor NRDA.

Theodore Tomasi, Ph.D. Theodore Tomasi, Ph.D. is Vice President and Director of National Practices at Cardno, Inc. Before beginning his consulting career, he served on the faculties of the University of Minnesota, University of Michigan, and Michigan State University teaching and doing research on methods for valuing natural capital.

Hilary C. Tompkins Hilary C. Tompkins has expansive experience representing chief executives in the public sector at the tribal, state, and federal level. From 2009 to 2017, she served in the presidentially appointed, Senate-confirmed position of Solicitor for the U.S. Department of the Interior (DOI) - the agency responsible for the management and conservation of public lands, natural and wildlife resource programs, and the trustee for Native American tribes.

Peter C. Wright Peter C. Wright is Managing Counsel at The Dow Chemical Company.

Continuing Education Credits

Live credits: This program qualifies for12.0 New Jersey and 10.5 Washington 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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Arnold & Porter Kaye Scholer LLP Conference Center

601 Massachusetts Avenue, NW in Washington, DC 20001-3743
(202) 942-5000

The conference will be held at the Arnold & Porter Kaye Scholer LLP Conference Center at 601 Massachusetts Avenue, NW in Washington, DC 20001-3743. There are a number of nearby hotels, so it's best to use your favorite hotel-booking site to pick the one that's right for you at a good price.
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