Program Overview
Who Should Order
In-house and private attorneys, consultants, corporate managers, Tribal and governmental representatives, and others who are involved in natural resource damage claims
Why You will Benefit from the Replay
This year the Santa Fe NRD conference will open with John Cruden and John Pendergrass discussing the impact on NRD of the Trump Administration's rollback of federal environmental protections and the efforts by state and local governments to maintain protections. NRD recovery and restoration has evolved significantly since passage of CERCLA and we'll take a big picture look at the trend lines, and implications for the future of NRD.
This year marks the 5th anniversary of the Gold King Mine spill and the 10th for Deepwater Horizon. We'll have case study updates for lessons learned from the response to those events.
At the cutting edge of NRD, we have Perfluorinated "Forever" Chemicals (PFCs) as an emerging major source of contamination. Also emerging are damages from wildfires, glacial melting, and ocean warming due to climate change. You'll have an opportunity to hear from subject area experts in both of those topic areas.
Our second day focuses on three nitty-gritty litigation topic areas. One is the unique and often difficult issues that arise when the federal government is both a trustee and a responsible party. The second is a SCOTUS update on pending and recently decided NRD cases. We'll finish with novel common law theories of liability being advanced in local level litigation to address global problems and their interplay with NRD claims
You will hear from, interact with, and receive practical tips from leading NRD experts from around the country. We hope you'll be able to join us for the best and longest-running NRD program in the country.
~ Sarah P. Bell, Esq. of Farella Braun + Martel and William J. Jackson, Esq. of Kelley Drye & Warren, Program Co-Chairs
What You Will Learn
- Current federal environmental policy and the implications for future recovery of natural resource damages
- The arc of NRD cases: The last 40 years
- The Gold King Mine case 5 years later
- Lessons from Deepwater Horizon for Ecosystem Restoration
- Perfluorinated Chemicals (PFCs) as an NRD subject area
- Global Warming and NRD: Wildfires
- Global Warming and NRD: Sea level rise and warmer ocean temperatures
- Federal liability as a PRP
- SCOTUS update
- Common law claims for NRD
What Participants Said
- "Santa Fe is a great choice for this seminar - easier to get to for West Coast folks than DC."
- "Emerging contaminant presentation was great"
- "This is the best NRDA LSI I have been to in the past 3 years. Thank you!"
- This was an excellent program. Perhaps the best CLE I have ever attended.
- "Best Year Yet!"
Agenda Day 1
8:30 am
Registration Opens
9:00 am
Introduction & Overview
Sarah Peterman Bell, Esq.
, Program Co-Chair
Farella Braun + Martel / San Francisco, CA
William J. Jackson, Esq.
, Program Co-Chair
Kelley Drye & Warren / Houston, TX
9:15 am
Special Opening Addresses: Current Federal Environmental Policy and the Implications for Future Recovery of Natural Resource Damages
Trump Administration rollback of federal environmental protections, including the switch from mandatory to voluntary Clean Air Act compliance in response to the Covid-19 epidemic, and the efforts by state and local governments to maintain protections
John C. Cruden, Esq.
Beveridge & Diamond / Washington, DC
John Pendergrass, Esq.
, Vice President, Research and Policy
Environmental Law Institute / Washington, DC
10:15 am
Break
10:30 am
The Arc of NRD Cases: The Last 40 Years
A data driven analysis of the history of NRD cases since the passage of CERCLA, the number of sites, litigated matters, restoration recoveries across the country, and indications for the future of NRD
Barbara J. Goldsmith
, Executive Director
Ad-Hoc Industry Natural Resource Management Group / Washington, DC
11:00 am
Progress Report: The Gold King Mine Case 5 Years Later
Case study of the lasting cultural and regional impacts from the Gold King Mine Spill
Robert E. Unsworth
, Principal
Industrial Economics, Incorporated / Cambridge, MA
11:30 am
Ecosystem Restoration: Deepwater Horizon After 10 Years
Lessons for early resolution and restoration efforts and the interplay with regulatory reform
Brian Israel, Esq.
Arnold & Porter / Washington, DC
12:00 pm
Lunch (on your own)
1:15 pm
An Holistic Look at an NRD Subject Area: Perfluorinated Chemicals (PFCs): "Forever Chemical" Contamination of Surface Waters, Groundwater Resources, Sediments, and Other Natural Resources
Perspectives on the national scope of PFAS litigation, the status of regulations and NRD activity across the country, and natural resource injuries and damages models
William J. Jackson, Esq.
, Program Co-Chair, Moderator
Kelley Drye & Warren / Houston, TX
Kaylene Ritter, Ph.D.
, Principal Scientist
Abt Associates / Boulder, CO
Shawn M. LaTourette, Esq.
, Deputy Commissioner & Chief of Staff
New Jersey Department of Environmental Protection / Trenton, NJ
Robert A. Bilott, Esq.
Taft Stettinius & Hollister / Cincinnati, OH
Michael A. Olsen, Esq.
Mayer Brown / Chicago, IL
3:00 pm
Break
3:15 pm
An Holistic Look (cont'd): Global Warming, Fire, and Rain
Perspectives on national and local impacts from global warming, fires, and extreme weather, and considerations regarding potential liability and damages for NRD
Sarah P. Bell, Esq.
, Program Co-Chair, Moderator
Farella Braun + Martel / San Francisco, CA
Craig R. O'Connor, Esq.
, Special Counsel for Natural Resources
National Oceanic and Atmospheric Administration / Seattle, WA
Katherine Palmquist, Ph.D.
, Managing Scientist
Exponent, Inc. / Bellevue, WA
Christine Lee
, Senior Technical Consultant
Industrial Economics, Incorporated / San Francisco, CA
Corrie Yackulic, Esq.
Sher Edling / San Francisco, CA
5:00 pm
Continue the Exchange of Ideas: Virtual Reception for Faculty and Attendees
Grab your favorite beverage and snack for a moment of comradery and a less structured discussion of what is happening in the NRD world
Friday, August 21, 2020
9:00 am
Federal Liability as a PRP
The unique and often difficult issues that arise when the federal government is both a trustee and a responsible party in natural resource damages and federal contamination cases
Annie Maxfield, Esq.
, Assistant General Counsel
New Mexico Environment Department / Santa Fe, NM
The government contractor defense and issues of federal sovereign immunity
John D.S. Gilmour, Esq.
Kelley Drye & Warren / Houston, TX
Technical aspects of government operator liability cases under state and federal law
A. J. Gravel
, Senior Managing Director
FTI Consulting / Bethesda, MD
10:15 am
Break
10:30 am
SCOTUS Update
Implications for NRD of the Hawaii case on discharges to groundwater and the Montana ARCO smelter case on whether CERCLA bars individual landowners from suing for additional cleanup funds
Ira Gottlieb, Esq.
McCarter & English / Newark, NJ
John T. Dema, Esq.
Law Offices of John K Dema / Christiansted, VI
11:30 am
Common Law Claims for NRD
Marching into the void resulting from lack of federal action on climate change and other global issues: Novel theories of liability being advanced in local level litigation to address global problems and their interplay with NRD claims
Ashley Campbell, Esq.
SL Environmental Law Group / Concord, NH
Donald E. Sobelman, Esq.
Farella Braun + Martel / Santa Fe, NM
12:30 pm
Evaluations & Adjourn
Faculty Bios
Sarah Peterman Bell,
Program Co-Chair, is a partner at Farella Braun + Martel focusing on environmental and natural resources litigation.
William J. Jackson,
Program Co-Chair, is co-chair of the National Environmental Law practice group at Kelley Drye & Warren.
John C. Cruden,
Special Address, 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.
John Pendergrass,
Special Address, is Vice President for Research and Policy at the Environmental Law Institute.
Robert A. Bilott
is a partner at Taft Stettinius & Hollister. He brought the very first PFAS environmental exposure case in 1999 and is the author of "Exposure" which served as the basis for the recently released movie "Dark Water".
Ashley Campbell,
SL Environmental Law Group, focuses her practice on complex environmental contamination litigation.
John T. Dema
, Law Offices of John K Dema, represents plaintiffs in complex environmental cases.
John D.S. Gilmour
co-chairs the Environmental Litigation section at Kelley Drye & Warren.
Barbara J. Goldsmith
is the Executive Director of the Ad-Hoc Industry Natural Resource Management Group.
Ira M. Gottl
ieb is a Partner at McCarter & English and Practice Group Leader of the Firm's Environment & Energy Practice Group.
A. J. Gravel
is a Senior Managing Director in FTI Consulting Inc. He is the co-practice leader of the Environmental Solutions Practice and heads the Forensic History and Analysis group.
Brian D. Isr
ael 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.
Shawn M. LaTourette
is Deputy Commissioner & Chief of Staff for the New Jersey Department of Environmental Protection.
Christine Lee
is a Senior Technical Consultant at Industrial Economics, Incorporated. Her current work focuses on monetizing economic and natural resources damages to public entities due to wildfires in the western U.S.
Annie Maxfield
is Assistant General Counsel for the New Mexico Environment Department. She represents the Department in a variety of water quality-related matters.
Craig R. O'Connor is Special Counsel for Natural Resources at the National Oceanic and Atmospheric Administration. He has dealt with NRD issues since the Exxon Valdez oil spilll.
Michael A. Olsen
is co-leader of Mayer Brown's Mass Tort & Product Liability practice. He serves as national counsel for 3M in PFAS chemical litigation and to Union Carbide Corporation with respect to asbestos.
Katherine Palmquist, Ph.D.,
is a Managing Scientist at Exponent, Inc. She has expertise in ecological risk assessment and natural resource damage assessment (NRDA) at large complex sites.
Kaylene Ritter, Ph.D.,
is a Principal Scientist at Abt Associates. She is an environmental chemist with expertise in assessing contaminant pathways, fate, and impacts.
Donald E. Sobelman
is a partner at Farella Braun + Martel. He focuses his practice on helping clients navigate the complexities of federal and California environmental law.
Robert E. Unsworth
is a Principal at Industrial Economics, Incorporated. He provides expert support in the assessment of economic damages resulting from adverse changes in the environment and of economic benefits associated with environmental regulation.
Corrie Yackulic,
of counsel to Sher Edling on its climate change cases, focuses on environmental tort cases involving toxic dumping, drinking water contamination, corporate polluting, and catastrophic environmental disaster.
Continuing Education Credits
Live credits: This program qualifies for 9.20 NM MCLE, 9.25 WA MCLE, and 9.25 ABCEP environmental professional credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.
Ordering
Pricing
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.
Cancellation
There is a $25 cancellation fee
Purchase a Replay
The web link option allows you to stream or download. The flash drive option includes both audio and video files. Both include materials.