Monday, May 21, 2018

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Brent Carson, Esq. , Program Co-Chair
Van Ness Feldman LLP / Seattle, WA

Heather Burgess, Esq. , Program Co-Chair
Phillips Burgess, PLLC / Olympia, WA

8:45 am

Waters of the United States: The Ongoing Saga

Developer perspective: The new status quo after agency rescission of the Obama administration rule; what is happening in the courts; the proposal and two-year process for adopting a new rule

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

State government perspective

Kelly Wood, Esq. , Counsel for Environmental Protection Unit
Washington State Attorney General's Office / Seattle, WA

Environmental NGO perspective

Chris Wilke , Executive Director
Puget Soundkeeper Alliance / Seattle, WA

10:00 am

Break

10:30 am

Federal and State Legal Updates: Legislative and Case Law

Prospects for Congressional action, perhaps in the context of the infrastructure bill, to revise the substantive provisions of the Clean Water Act and NEPA project review processes

Brent Carson, Esq. , Program Co-Chair
Van Ness Feldman LLP / Seattle, WA

Washington state: What to expect for the 2019 long session in terms of proposals relating to development of wetlands and involving water including changes to substantive SEPA

Mary Catherine McAleer , Government Affairs Director, Environmental Policy
Association of Washington Business / Olympia, WA

Decisional trends in the courts

Heather Burgess, Esq. , Program Co-Chair
Phillips Burgess, PLLC / Olympia, WA

11:30 am

The Department of Ecology's Wetland Policy and Enforcement Priorities

Richard Mraz , Shorelands Technical and Regulatory Lead
Washington State Department of Ecology / Olympia, WA

12:00 pm

Lunch (on your own)

1:15 pm

Site-Specific Habitat Rating Scores

Ecology's 2014 update to the Washington rating system: Application to policy and use in the field

Amy E. Yahnke, Ph.D. , Senior Wetlands Ecologist
Washington State Department of Ecology / Olympia, WA

Tips from real-world experience in preparing ratings and in providing 3rd party review of other consultant's work on behalf of the Cities of Kent and Auburn

Emmett Pritchard
Raedeke Associates Inc / Seattle, WA

2:15 pm

SEPA and Section 401 Permitting

Use, or perhaps misuse, of SEPA in water projects: Perspectives on recent cases where permits have been denied under Section 401; implications for future projects

Jason T. Morgan, Esq.
Stoel Rives LLP / Seattle, WA

William E. Shiels , Principal
Talasaea Consultants, Inc. / Woodinville, WA

3:15 pm

Break

3:30 pm

Section 408 Permitting

The Corps of Engineers' proposed new guidance on the permission process required by Section 408

Jenna R. Mandell-Rice, Esq.
Van Ness Feldman LLP / Seattle, WA

4:00 pm

Habitat: Mitigation Banks and Fees In-Lieu of Mitigation

Current developments and options

Victor Woodward , Founder
Habitat Bank / Cle Elum, WA

4:30 pm

How to Expedite Corps of Engineers Approvals

The advantage of having a more complete application: What the agency is looking for and common deficiencies to avoid

Michelle Walker , Chief, Regulatory Branch
U.S. Army Corps of Engineers / Seattle, WA

5:00 pm

Evaluations & Adjourn

Faculty Bios

Heather Burgess, Program Co-Chair, Phillips Burgess PLLC, represents property owners and developers in all phases of real estate development, from pre-acquisition due diligence through permitting and appeals.

Brent Carson, Program Co-Chair, partner, Van Ness Feldman LLP, provides strategic advice and critical support to clients with large complex land-based and in-water development projects. He is named in Best Lawyers of America, Super Lawyers and Chambers USA in environmental, land use and zoning law.

Jenna R. Mandell-Rice practices in natural resources, environmental and water law at Van Ness Feldman LLP. She helps clients navigate complex regulatory, permitting, enforcement and litigation matters under environmental statutes.

Mary Catherine McAleer is Government Affairs Director, for Environmental Policy, Climate and Water Quality at the Association of Washington Business. She previously served as a policy analyst in the State House of Representatives.

Jason T. Morgan is a partner in the Environmental practice and Appellate Law groups at Stoel Rives LLP. He focuses on environmental, natural resources, fisheries and wildlife law in all stages of litigation.

Richard Mraz is the Shorelands Technical and Regulatory Lead for the Washington State Department of Ecology. He He has worked as a field biologist and environmental planner with local, state and federal agencies since 1987.

Emmett Pritchard, Wetland Ecologist, Raedeke Associates Inc., has delineated and received agency concurrence for more than 200 wetlands. His expertise has resulted in the successful permitting of wetlands throughout the region.

William E. Shiels, Principal, founder of Talasaea Consultants, Inc., provides natural resources consulting and environmental planning services to public agencies and the private sector. The firm specializes in wetlands/stream delineation, regulatory analysis, permitting, mitigation, wildlife studies and site planning.

Ankur K. Tohan is a partner with K&L Gates where his practice focuses on energy infrastructure, natural resource development, compliance counseling and defense of governmental and citizen enforcement actions. Previously he was Assistant Regional Counsel, EPA Region 10.

Muffy Walker is Chief of the Seattle District Regulatory Branch for the U.S. Army Corps of Engineers. She oversees both the ESA coordinators as well as the WSDOT liaisons.

Chris Wilke is Executive Director of Puget Soundkeeper Alliance, which is dedicated to protecting and preserving the waters of Puget Sound.

Kelly Wood is Counsel for Environmental Protection Unit at the Washington State Attorney General's Office where he is working on high-profile environmental matters including the Hanford clean up.

Victor Woodward is the founder of Habitat Bank (HB). From permitting the first privately sponsored wetland bank approved through Washington State's pilot banking program (Snohomish Basin Mitigation Bank), to the first jointly permitted wetland and ESA conservation bank project (Coweeman River Mitigation Bank), HB has been a leader in establishing natural resource mitigation solutions in Washington.

Amy E. Yahnke, Ph.D., is Senior Wetlands Ecologist at the Washington State Department of Ecology where she serves as program expert on wetlands science topics. Previously she was a Research Scientist at the University of Washington.

Continuing Education Credits

Live credits: This program qualifies for 6.25 Washington MCLE, 6.25 AICP, and 6.25 Academy of Board Certified Environmental Professionals (ABCEP) 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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