Law Seminars International Presents:

The Ninth Annual Advanced DC Conference on Litigating

Natural Resource Damages

Including a special panel on Deepwater Horizon after 10 years

December 10 & 11, 2020
Virtual Via Interactive Zoom Broadcast

To keep everyone safe, this program will be an interactive virtual event.
Call (206) 567-4490 if you have questions about our Zoom platform.

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Program Overview

Who Will Benefit from Attending

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 will Benefit from Attending

The Annual Advanced NRD Conference in D.C. is the premier national conference for exploring developments in NRD policy and enforcement. As such, this year, we will feature numerous presentations from federal and state policymakers, including two exciting keynote presentations: one from Jeffrey B. Clark, Assistant Attorney General for ENRD, on federal policy priorities, and a second from Representative Garret Graves (R-Louisiana) on restoration planning. Beyond these presentations, we will have two panels that will explore federal and state priorities related to NRD claims, featuring senior government officials from the Department of Interior, NOAA, and multiple states. In addition, in recognition of the 10th year anniversary of the Deepwater Horizon incident, this year we will explore lessons learned for implementing ecological restoration. Our conference will also include several other important panels -- featuring lead-ing practitioners in the field -- on such topics as climate change, company perspectives and trial preparation. As we have for the last 9 years, this conference will bring together a diverse, high-level faculty including in-house counsel, government lawyers, private practitioners and experts. We are particularly proud to announce that this year approximately half of our faculty are women.

We hope you will join us for this extraordinary and important event. As a participant in the conference, you are also invited to join us for a dinner reception on Thursday evening. This annual reception provides an excellent opportunity to continue the dialogue with our esteemed faculty as well as enjoy meeting, or re-connecting with, other NRD professionals from across the country.

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

What You Will Learn

  • Due to the spread of the Covid-19 virus, we've had to move this program from March 26 & 27. We will still address these topics, with updated information to reflect the results of the 2020 elections:
  • ~ Policy Priorities at the DOJ's Environment and Natural Resources Division (ENRD)
  • ~ NOAA and DOI trustees on current NRD challenges
  • ~ New state-level environmental enforcement developments
  • ~ Deepwater Horizon lessons for restoration planning
  • ~ Third-party restoration banking mechanisms
  • ~ In-house counsel tips for NRD case management
  • ~ Climate change and NRD
  • ~Trial strategies

What Participants Have Said About Similar Programs

  • "LSI's NRD conference is the best one!"
  • "Thank you for great hospitality,excellent presentations!"
  • "Great balance of professionals."
  • "Once again you guys pulled off an amazing seminar!! Thank you."

Agenda Day 1

8:00 am

Registration Opens

8:30 am

Introduction & Overview

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

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

8:45 am

Special Opening Address: Environmental Law and the New Decade -- A View from the U.S. Department of Justice

A discussion of current environmental policy priorities at the Environment and Natural Resources Division (ENRD) including how the DOJ is approaching NRD claims and litigation

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

9:15 am

The Federal Trustee Perspectives -- Challenges and Opportunities

Two federal agencies, NOAA and DOI, are responsible for bringing most federal NRD claims. In this question-and-answer session, senior representatives from both agencies will address their current docket, priorities and related topics

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 + Speaker Evaluation Poll

10:30 am

The State Perspective

States maintain their own NRD programs, sometimes in collaboration and often independent of federal efforts: What are the recent trends in state NRD policy and enforcement?

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

Andrew O. Guglielmi, Esq. , Senior Attorney
New York Department of Environmental Conservation / Albany, NY

Shawn M. LaTourette, Esq. , Deputy Commissioner for Legal & Regulatory Affairs
New Jersey Department of Environmental Protection / Trenton, NJ

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

12:00 pm

Lunch Break + Speaker Evaluation Poll

1:15 pm

Special Address on Ecological Restoration: Planning for Success

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

1:45 pm

Deepwater Horizon 10 Years Later: Lessons Learned for Restoration Planning

This year marks the 10th anniversary of the Deepwater Horizon incident and 5 years since the historic NRD settlement was announced: What lessons have been learned for restoration planning?

Trudy D. Fisher, Esq.
Butler Snow / Ridgeland, MS

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

Lois J. Schiffer, Esq. , General Counsel (retired)
NOAA / Washington, DC

R. Cooper Shattuck, Esq.
Cooper Shattuck LLC / Tuscaloosa, AL

3:15 pm

Break + Speaker Evaluation Poll

3:30 pm

Ecosystem Restoration -- New Legal and Scientific Approaches for the Next Decade

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

Mark S. Laska, Ph.D. , CEO and President
Great Ecology / New York, NY

4:15 pm

NRD Case Management: Priorities and Pitfalls from a Company Perspective

Jean Martin, Esq. , Senior Counsel - Litigation & Regulatory
BP America / Houston, TX

Mary Morningstar, Esq. , Associate General Counsel
Lockheed Martin Corporation / Bethesda, MD

5:30 pm

Virtual Reception for Faculty and Attendees + Speaker Evaluation Poll

Grab your favorite beverage and snack for a moment of comraderie and a less structured discussion of what is happening in the NRD litigation world

Friday, December 11, 2020

8:30 am

The Storm is Brewing -- Climate Change, Extreme Weather and NRD

Record heat, droughts, wildfires, flooding, and sea level rise: how NRD lawyers and pratitioners should incorporate extreme weather events and sea level rise in NRD assessments and restoration planning

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

Mary Capdeville, Esq.
Attorney at Law / Spokane, WA

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

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

10:30 am

Break + Speaker Evaluation Poll

10:45 am

On Remedies and Restoration -- How Current Superfund Reforms are Impacting Natural Resource Damages Cases

Amanda G. Halter, Esq.
Pillsbury Winthrop Shaw Pittman / Houston, TX

11:15 am

When All Else Fails -- How to Litigate and Win NRD Cases

While most NRD cases settle, a surprising number of NRD cases have proceeded to trial over the last 10 years: Trial attorneys -- representing both trustees and defendants -- will share their secrets to winning

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

Sarah Peterman Bell, Esq.
Farella Braun + Martel / San Francisco, CA

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

Elizabeth B. Petersen, Esq.
Kanner & Whiteley / New Orleans, LA

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 as an Assistant Regional Counsel for the United States Environmental Protection Agency, Region III.

Brian D. Isr Brian D. Isr ael, 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.

The Hon. Garret Graves The Hon. Garret Graves (R) Louisiana, Special Address, represents Louisiana's Sixth Congressional District in the U.S. House of Representatives. He has been very active in remediation efforts after Deepwater Horizon.

John C. Cruden, John C. Cruden, Moderator, is a principal at Beverage & Diamond. He previously served as a senior leader on environment and natural resource matters at the United States Department of Justice.

Sarah Peterman Bell Sarah Peterman Bell is a partner at Farella Braun + Martel. She focuses her practice on environmental and natural resources litigation. The bulk of her expertise involves cases relating to natural resources such as groundwater, surface water, sediments, air, and soil.

Paul D. Boehm, Ph.D., Paul D. Boehm, Ph.D., is Group VP & Principal Scientist at Exponent, Inc. He focuses on ecological effects from chemical exposures.

Susan Boyle, Susan Boyle, Senior Consultant at GEI Consultants previously served as Assistant Commissioner for Site Remediation for the New Jersey Department of Environmental Protection.

Mary Capdeville Mary Capdeville assists the Legal Pathways to Deep Decarbonization Pro Bono Project. She was recently awarded an LLM in Global Environment and Climate Change Law from the University of Edinburgh, Scotland. She previously represented the State of Montana in natural resource damage actions.

Jeffrey B. Clark Jeffrey B. Clark is the Assistant Attorney General of the Environment and Natural Resources Division of the U.S. Justice Department.

Lauren Daniel Lauren Daniel is an environmental litigator at Arnold & Porter with particular expertise in NRD litigation and cost recovery.

Trudy D. Fisher Trudy D. Fisher is a partner at Butler Snow. She formerly served as the head of Mississippi's Department of Environmental Quality.

Andrew O. Guglielmi is Senior Attorney, Office of General Counsel for the New York State Department of Environmental Conservation.

Robert Haddad, Ph.D., Robert Haddad, Ph.D., is Group VP & Principal Scientist at Exponent, Inc. He previously served as one of three leads for NOAA's Damage Assessment, Remediation, Restoration Program (DARRP).

Amanda G. Halter Amanda G. Halter is a partner at Pillsbury Winthrop Shaw Pittman. Her environmental practice includes groundwater contamination and contaminated site matters.

Rachel Jacobson Rachel Jacobson is special counsel to Wilmer Cutler Pickering Hale and Dorr. She formerly held senior positions at DOJ, DOI, and DOD.

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

Mark S. Laska, Ph.D., Mark S. Laska, Ph.D., is CEO and President of Great Ecology. His expertise includes ecological habitat restoration and NRD banking.

Shawn M. LaTourette Shawn M. LaTourette is Chief of Staff for the New Jersey Department of Environmental Protection.

David G. Mandelbaum David G. Mandelbaum is Co-Chair of the Environmental Practice at Greenberg Traurig.

Jean Martin is Senior Counsel - Litigation & Regulatory at BP America. She was one of BP's leads in the Deepwater Horizon case.

Mary P. Mornings Mary P. Mornings tar is Associate General Counsel at Lockheed Martin Corporation.

Elizabeth B. Petersen Elizabeth B. Petersen is a member of Kanner & Whiteley. She primarily focuses on environmental litigation, including NRD.

Samuel W. (Billy) Plauche, IV, Samuel W. (Billy) Plauche, IV, Plauche & Carr, represents the State of Louisiana in the Deepwater Horizon case and served as chair of the Trustee Council.

Marc A. Rollo Marc A. Rollo is Chair of the Environmental Law Department at Archer & Greiner.

John Rudolph is Attorney-Advisor for the Restoration Program at the U.S. Department of the Interior.

Lois J. Schiffer Lois J. Schiffer is General Counsel (retired) for the National Oceanic and Atmospheric Administration.

R. Cooper Shattuck, R. Cooper Shattuck, Cooper Shattuck LLC, He previously served as Chief Legal Advisor to the Governor of Alabama during the aftermath of the Deepwater Horizon oil spill.

Continuing Education Credits

Live credits: This program qualifies for 11.0 CA, 10.75 LA, 12.5 NJ, 12.5 NY, 10.75 TX, and 10.75 WA MCLE credits. It also qualifies for 10.75 ABCEP environmental professional credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.

For the Live Program

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Time Shift Your Content

Audio podcasts and video replays, with course materials, are available for download or on a flash drive at the same price as live attendance. The course materials alone are available for $100. Replays will be available within five business days after the program or from the date we receive payment.

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