Replay available from our video archive

The Seventh Annual Comprehensive Seminar on

Tribal Natural Resource Damages Assessments

Featuring John Cruden, Beveridge & Diamond, and John Pendergrass, Environmental Law Institute, on the new political landscape for NRD and Tribal recovery of damages

Presented on December 15, 2021

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Program Overview

Who Should Order

Tribal, in-house and private attorneys, consultants, corporate managers, governmental representatives, Tribal water system managers, and others who are involved in Tribal natural resource damages assessments

Why You will Benefit from the Replay

The seventh annual Tribal Natural Resource Damages Assessments seminar continues the program's focus on best strategies and techniques for conducting Tribal NRD assessments.

We are pleased to have John Cruden and Jay Pender-grass open the program with an update on how the election has changed the landscape for NRD at the federal level. John Cruden served for more than two decades as a senior leader on environment and natural resource matters at the United States Department of Justice (DOJ). Jay Pendergrass is Vice President for Programs and Publications at the Environmental Law Institute.

Another major federal development is President Biden's January 26, 2021, Executive Memorandum on Tribal Consultation and we'll explore implementation of the directive in the context of Tribal NRD.

You will hear timely case studies relating to Tribal NRDA, including exploration of the Portland Harbor Cleanup's use of restoration banks as a remedy and a deep dive into ways to incorporate climate resilience into projects to restore Tribal resources.

Over the course of the day, you will have an opportunity to hear practical tips that you can immediately put to work as you deal with Tribal NRDA issues. We hope to will be able to join us for this important interactive broadcast.

~ Jack Bell, of Nez Perce Tribe and Connie Sue M. Martin, Esq. of Schwabe Williamson & Wyatt, Program Co-Chairs

What You Will Learn

  • The new political landscape for NRD resulting from the 2020 election
  • Implementation of President Biden's January 26, 2021, Executive Memorandum on Tribal Consultation
  • Federal/Tribal inter-governmental interactions and consultation in the Natural Resource Damage assessment and remedy selection processes
  • How the State of Washington is incorporating Environmental Justice considerations into selection of remedies
  • Restoration banks as a remedy
  • How to incorporate Climate Resilience into projects to restore Tribal resources
  • Annual case law update

What Participants Said

  • "Overall very good information. Things to keep in mind when going through the NRDA process."
  • "As legal/policy analyst, I am finding this seminar very informative and helpful!"
  • "Presenters were very engaging."
  • "Great presentations w/ great material. I appreciate the interaction w/ the audience."
  • "Program felt particularly dynamic an varied this year."
  • "Presentations Spurred great Discussions."

Wednesday, December 15, 2021

9:00 am

Introduction & Overview

Jack Bell , Program Co-Chair, NRDA Coordinator
Nez Perce Tribe / Lapwai, ID

Connie Sue M. Martin, Esq. , Program Co-Chair
Schwabe Williamson & Wyatt / Seattle, WA

9:10 am


Anthony Smith , Environmental Specialist
Nez Perce Tribe / Lapwai, ID

9:15 am

Special Opening Address: A Changing of the Guard in DC and the Implications for Future Tribal Recovery of Natural Resource Damages

A new political landscape for NRD: The Biden Administration's ambitious climate change and infrastructure agendas; the growing strength of the environmental justice movement; observations on what to expect from a Democratic house and evenly split Senate

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

John Pendergrass, Esq. , Vice President, Programs and Publications
Environmental Law Institute / Washington, DC

10:30 am


10:45 am

Case Law Update

Lessons from recent cases including Atlantic Richfield vs. Christian which shows that litigation in state court may be an option when federal CERCLA processes are not adequately protecting Tribal interests

Jeff R. Keohane, Esq.
Schwabe Williamson & Wyatt / Mountain View, CA

11:30 am

Restoration Banks as a Remedy

Case study of the Portland Harbor Cleanup

Diana R. Bob, Esq.
Native Law PLLC / Seattle, WA

12:00 pm

Lunch Break

1:15 pm

Consultation Between Federal Agencies and Tribes as Trustees

President Biden's January 26, 2021, Executive Memorandum on Tribal Consultation; progress towards development of federal agency consultation plans; commonalities and differences in the approaches taken by the federal agencies involved with NRDA issues

Connie Sue M. Martin, Esq. , Program Co-Chair
Schwabe Williamson & Wyatt / Seattle, WA

DOI perspective on federal/Tribal inter-governmental interactions and consultation in the Natural Resource Damage assessment and remedy selection processes

Clare Cragan , Attorney-Advisor
US DOI Office of the Solicitor / Lakewood, CO

Tribal perspective on the extent to which agency responses to the Tribal Consultation Memorandum is likely to result in changes

Michael M. Frandina, Esq.
The Askman Law Firm / Denver, CO

2:45 pm


3:00 pm

Incorporating Climate Resilience into Projects to Restore Tribal Resources

Rethinking restoration from project design to innovative solutions for financing and ensuring cost effectiveness

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

Tips for acquiring an equivalent if you cannot do a resilient one at the site

Kyle Graham , Senior Program Manager
Ecosystem Investment Partners / Erie, CO

Environmental Justice considerations as a newly important factor in selection of remedies; the role of economics in selection of projects for coastal adaptation to climate change

Theodore Tomasi, Ph.D. , Managing Principal
Integral Consulting Inc. / Moorestown, NJ

5:00 pm

Evaluations & Adjourn

Faculty Bios

is the NR is the NR DA Coordinator for the Nez Perce Tribe. The Tribe is a trustee in Hanford's remediation and restoration process that helps determine injuries and values.

Connie Sue M. Martin, Connie Sue M. Martin, Program Co-Chair, is a shareholder at Schwabe Williamson & Wyatt and helps Indian Tribes and companies address environmental contamination and restore injured natural resources. She is one of the country's most experienced practitioners of environmental Native American law, with over 20 years of experience representing Tribes.

Diana R. Bob Diana R. Bob is Principal at Native Law PLLC. She provides legal services to Tribal governments, Tribally owned businesses, and other entities doing business in Indian Country. She is an enrolled member of the Lummi Nation.

Clare Cragan is an Attorney-Advisor with the Department of the Interior's Office of the Solicitor in the Branch of Environmental Restoration. Her portfolio focuses on natural resource restoration, including affirmative environmental claims in the wake of oil spills and contamination from mining and other industrial sources.

John C. Cruden John C. Cruden is a principal at Beveridge & Diamond. For more than two decades, John served as a senior leader on environment and natural resource matters at the United States Department of Justice (DOJ), where he supervised some of the department's most significant litigation, including the Exxon Valdez oil spill, Love Canal, and Bunker Hill litigation.

Michael M. Frandina is a member of The Askman Law Firm. His litigation practice includes representing clients in the firm's environmental, Tribal and natural resource practice areas.

Kyle Graham Kyle Graham is a Senior Program Manager at Ecosystem Investment Partners, where he focuses on establishing Pay for Performance contracts to efficiently and effectively implement large scale ecological restoration. Prior to joining EIP, he was the Executive Director of Louisiana's Coastal Protection and Restoration Authority and served as Louisiana's Trustee for the Deepwater Horizon oil spill.

Jeff R. Keohane Jeff R. Keohane is Of Counsel to Schwabe Williamson & Wyatt. He counsels corporations, Tribal governments, and individuals on environmental and natural resources issues, including water rights, redevelopment and energy matters, as well as all the major federal and California environmental statutes.

Mark S. Laska, Ph.D. Mark S. Laska, Ph.D. is CEO and President of Great Ecology. His technical specialization includes habitat restoration, ecological planning and design, and he is a leading Natural Resource Damage (NRD) practitioner. He is highly experienced in taking projects of all scales and sizes from the conceptual stage through post- construction monitoring.

John Pendergrass John Pendergrass is Vice President for Programs and Publications at the Environmental Law Institute. This includes leading the Research and Policy Division, which conducts legal and policy research and analyses of pressing environmental and natural resource issues in the U.S. and globally.

Anthony Smith Anthony Smith is an Environmental Specialist for the Nez Perce Tribe. He works to protect, preserve and perpetuate retained Treaty Rights and resources in aboriginal lands of the Tribe.

Theodore Tomasi, a Man Theodore Tomasi, a Man aging Principal at Integral Consulting Inc., is a natural resource economist specializing in the valuation of natural resources and environmental changes, risk management in the context of use decisions regarding resource use, and benefit-cost analysis. He has served as an advisor and economic expert for NOAA's Damage Assessment Center and sat on expert review panels for the Type-A natural resource damage assessment (NRDA) model for both the Great Lakes and the coastal and marine environments.

Continuing Education Credits

Live credits: This program qualifies for 6.0 Washington MCLE and 6.0 ABCEP environmental professional credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.

I appreciate LSI's seamless segue from registration, an informative seminar, to end result.