Law Seminars International Presents:

The Eighth Annual Advanced Conference, Featuring an Exceptional Panel of Leading NRD Experts, on Litigating

Natural Resource Damages

Including special addresses by DOJ ENRD head Jeff Clark, John Cruden, and Congressman Garret Graves

March 14 & 15, 2019

Washington, DC

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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

This year's Advanced NRD Conference in D.C. starts with a special opening policy address from Jeffrey B. Clark, Assistant Attorney General for ENRD, on federal policy priorities. We'll follow that with a discussion by federal trustees on how they see the current challenges and opportunities.

States are asserting themselves on a number of environmental issues and we'll feature New Jersey as an NRD pioneer that is moving forward to address new issues.

New issues include baseline in the context of extreme weather and climate change. We'll also explore innovative approaches for valuing nature and sustainability. Along those lines we'll have a case study of a consent decree with the City of Seattle for restoration banking.

You'll hear insights from in-house counsel for NRD case management strategies and our annual up-date on trial strategies and techniques. We'll conclude with John Cruden's insights into how NRD practice adapts to new issues and science.

This program attracts both high level speakers and attendees and we keep participation at a level that facilitates a very active dialogue. You'll have an opportunity to continue the conversation at the breaks and we hope you'll stay for the reception and dinner at the end of the first day. Join us for this truly extraordinary event.

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

What You Will Learn

  • ~ Jeffrey B. Clark on policy priorities at the DOJ's Environment and Natural Resources Division
  • ~ Federal trustees on current NRD challenges and opportunities
  • ~ Case study of New Jersey as a pioneer for NRD remedial programs
  • ~ New approaches and new tools for valuing nature and sustainability
  • ~ Restoration banking and the viability of third-party credit-banking mechanisms
  • ~ Case management lessons from in-house counsel
  • ~ Extreme weather, climate change, and baseline
  • ~ Trial strategies
  • ~ John Cruden on how NRD practice adapts to new issues and changes in the science

What Attendees Have Said About Similar Programs

  • "Thank you for great hospitality,excellent presentations!"
  • "Great speakers, maybe the best I have seen in years!"
  • Speakers were engaging and interesting
  • LSI's NRD conference is the best one!

Agenda Day 1

8:00 am

Registration Opens

8:30 am

Introduction & Overview

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

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

8:45 am

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

Changes in the political landscape and the impact on how the Department will be approaching NRD claims, investigations, and litigation

Jeffrey B. Clark, Esq. , Assistant Attorney General for ENRD
U.S. Department of Justice / Washington, DC

9:15 am

Federal Trustees on Current NRD Challenges and Opportunities

A fireside chat with the key federal trustee agencies exploring a range of topics including NRD priorities in 2019, regulatory reform and more

Brian Israel, Esq. , Program Co-Chair, Moderator
Arnold & Porter / 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

New Jersey: The Once and Future Leader for NRD Programs?

From the completion of the Exxon settlement in Bayway to the recent announcement that there's a "New Day" for environmental enforcement, has New Jersey re-taken the mantle of NRD leadership at the state level?

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

Tod Delaney, Ph.D. , President
First Environment / Boonton, NJ

Susan Boyle , Senior Consultant
GEI Consultants / Mt Laurel, NJ

Marc A. Rollo, Esq.
Archer & Greiner / Haddonfield, NJ

12:00 pm

Lunch (on your own)

1:00 pm

Special Address: Rethinking Restoration

A blueprint for transforming the damage assessment and restoration process to achieve better results faster

The Hon. Garret Graves , (R) Louisiana
United States House of Representatives / Washington, DC

1:30 pm

Valuation Techniques for Nature and Sustainability: New Approaches and New Tools

From innovative collaboration between companies and NGOs, to new practical tools in the field, the NRD world may be on the cusp of much more integrated, empirical and collaborative approach to valuation

Mary Draves, Esq. , VP and Chief Sustainability Officer
The Dow Chemical Company / Midland, MI

Sheryl Telford , VP, Environment, Health and Safety & Corporate Responsibility
The Chemours Company / Wilmington, DE

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

3:00 pm

Break

3:15 pm

NRD Case Management: Lessons Learned from In-House Counsel

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

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

4:00 pm

Regulatory Reform: The Time is Now

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

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

Lauren Daniel, Esq.
Arnold & Porter / Washington, DC

5:30 pm

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

Sponsored by Arnold & Porter and McCarter & English

Friday, March 15, 2019

8:30 am

The Eye of the Storm: Extreme Weather, Climate Change and Baseline

Modeling the impact of changes due to extreme weather events and sea level rise

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

Michael B. Gerrard, Esq. , Professor of Professional Practice
Columbia Law School / New York, NY

Daniel M. Galpern, Esq.
Law Offices of Daniel M. Galpern / Eugene, OR

10:00 am

Restoration Banking: An Idea Who's Time Has Finally Arrived?

The opportunities and obstacles for third-party credit-banking mechanisms as memorialized in the recent consent decree with the City of Seattle

Rachel Jacobson, Esq.
Wilmer Cutler Pickering Hale and Dorr / Washington, DC

10:30 am

Break

10:45 am

Trial Strategies

Use of big data, analytics, machine learning, and analytics to value cases and make tactical decisions during trial

Kevin J. Vaughan, Esq. , Senior Counsel, HSSE, Moderator
Exxon Mobil Corporation / Spring, TX

David G. Mandelbaum, Esq.
Greenberg Traurig / Philadelphia, PA

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

12:00 pm

Special Closing Address: Insights into How NRD Practice Adapts to New Issues and Changes in the Science

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

John C. Cruden, Esq.
Beverage & Diamond / Washington, DC

12:30 pm

Evaluations and Adjourn

Faculty Bios

Ira M. Gottlieb, Ira M. Gottlieb, Program Co-Chair, is a Partner at McCarter & English and Practice Group Leader of the Firm's Environment & Energy Practice Group. He previously served served as an Assistant Regional Counsel for the United States Environmental Protection Agency, Region III.

Brian D. Israel, Brian D. Israel, Program Co-Chair, is a Partner at Arnold & Porter and chair of the firm's Environmental practice group. He served as lead counsel to BP in relation to the Deepwater Horizon NRD claim and as one of the trial attorneys at the Deepwater Horizon Clean Water Act penalty trial.

Jeffrey B. Clark, Special Opening Address, is the Assistant Attorney General for the Department of Justice's Environment and Natural Resources Division.

John C. Cruden, John C. Cruden, Special Closing Address, is a Prinicpal at Beverage & Diamond. He is immediate past President of the American College of Environmental Lawyers and previously served as a senior leader on environment and natural resource matters at the United States Department of Justice.

The Hon. Garret Graves, The Hon. Garret Graves, (R) Louisiana represents Louisiana's Sixth Congressional District in the United States House of Representatives. He serves as Chairman of the House Transportation and Infrastructure Subcommittee on Water Resources and Environment, which oversees water resources development and regulatory programs administered by the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA), along with other agencies and water-related programs.

Kevin J. Vaughan, Kevin J. Vaughan, Moderator, is Senior Counsel, HSSE at Exxon Mobil Corporation.

Susan Boyle Susan Boyle is a Senior Consultant for GEI Consultants.

Thomas Byrne is Chief Environmental Counsel at Honeywell International Inc.

John Carlucci is Assistant Solicitor at the U.S. Department of the Interior.

Lauren Daniel, Lauren Daniel, Arnold & Porter, is an environmental litigator handling a wide range of disputes, including NRD litigation and cost recovery.

Tod Delaney, Ph.D. Tod Delaney, Ph.D. is the Founder and President of First Environment. He serves as an expert witness for natural resource damages cases.

Mary Draves Mary Draves is VP and Chief Sustainability Officer for The Dow Chemical Company.

Daniel M. Galpern, Daniel M. Galpern, Law Offices of Daniel M. Galpern, is co-counsel in the Clean Water Act citizen's suit Deschutes River Alliance v. Portland General Electric Company.

Michael B. Gerrard, Michael B. Gerrard, Professor of Professional Practice at Columbia Law School, is the Founder and Director of Sabin Center for Climate Change Law.

Robert Haddad, Ph.D., Robert Haddad, Ph.D., is Group VP - Environmental & Earth Sciences for Exponent, Inc. He has focused on the strategic evaluation and tactical resolution of environmental problems for nearly 30 years.

Rachel Jacobson Rachel Jacobson is a Partner at Wilmer Cutler Pickering Hale and Dorr. She joined the firm following more than two decades in the federal government, where she handled some of the largest environmental cases in US history and held senior positions at the US Department of Justice (DOJ), Department of the Interior (DOI) and Department of Defense (DoD).

Allan Kanner, Allan Kanner, Kanner & Whiteley, currently represents the State of New Jersey against ExxonMobil and represented the State of Louisiana in the Deepwater Horizon oil spill litigation.

Chauncey Kelly Chauncey Kelly is Chief of the Natural Resources Section for the National Oceanic and Atmospheric Administration.

David G. Mandelbaum David G. Mandelbaum is a Shareholder at Greenberg Traurig and serves as Co-Chair of the firm's Environmental Practice.

Jean Martin is Senior Counsel, HSSE at BP America Inc.

Craig R. O'Connor is Special Counsel for Natural Resources at the National Oceanic and Atmospheric Administration. He formerly served as Section Chief for the Natural Resources Section.

Marc A. Rollo Marc A. Rollo is a Partner at Archer & Greiner and serves as Chair of Archer's Environmental Law Department and the Petroleum Industry Practices Group.

John Rudolph is Attorney-Advisor to the U.S. Department of the Interior.

Sheryl Telford Sheryl Telford is VP, Environment, Health and Safety & Corporate Responsibility for The Chemours Company.

Theodore Tomasi is Vic Theodore Tomasi is Vic e President and Director of National Practices at Cardno, Inc.

Continuing Education Credits

Live credits: This program qualifies for 10.75 WA MCLE and 10.75 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.

Location

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Arnold & Porter Conference Center

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

The conference will be held at the Arnold & Porter Conference Center at 601 Massachusetts Avenue, NW in Washington, DC 20001-3743. Lodging is available at a number of nearby hotels--use your favorite hotel website to find the one that offers the best deal for you.
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