Law Seminars International Presents:

The Ninth Annual Comprehensive Seminar on

Tribal Natural Resource Damages Assessments

Tips for adapting to a changing legal landscape, factoring the impacts of climate change into restoration plans, and developing best practices for site management

March 21, 2024

Live via Interactive Online Broadcast

As a value-added bonus, you'll receive access to downloadable audio and video recordings at no additional charge.

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Program Overview

Who Will Benefit from Attending

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 Attending

This year's edition of the Tribal Natural Resource Damages Assessments seminar will start with a tribute to long-time cochair Jack Bell.

The seminar continues with a distinguished panel of speakers who will bring you up to date on critical NRDA developments including some of the major new developments in NRD law and policy. The U.S. Supreme Court decision in the Sackett case resulted in a substantial curtailment of federal jurisdiction over Waters of the US. You will hear about the impacts on the scope of federal trusteeship and how the states and Tribes should change their approach to resource damages in response to those impacts.

On the rulemaking front, you will hear about the Department of the Interior's NRDA modernization efforts and the extent to which we can expect the updates to Type A NRDA regulations to result in faster assessments and restoration at lower costs.

You will hear about the effects of Climate Change as it brings with it rising sea level, more intense rain during storms, and wildfires from droughts. We will explore the benefits of a change from insitu ecosystem restoration to a focus on long term restoration of ecosystem services at other nearby locations.

We conclude this year's program with a panel discussion of lessons from around the country for best practices for CERCLA/NRDA site management. Our speakers will provide tips for developing site management strategies, dealing with emerging new issues, and anticipating the site management problems that may arise.

We hope you will be able to join us for this important interactive broadcast. Register soon to join the discussion.

~ Connie Sue M. Martin, Esq. of Schwabe Williamson & Wyatt, and

McClure Tosch, of Yakama Nation, Program Co-Chairs

What You Will Learn

  • ~ Legislative and administrative policy updates
  • ~ The Department of the Interior's NRDA Modernization Proposal
  • ~ Litigation update
  • ~ Implications of the Supreme Court's Sackett decision for Tribal trustees
  • ~ The effects of climate change on NRD claims
  • ~ Tips for developing best practices for CERCLA/NRD site management

What Participants Have Said About Similar Programs

  • "Very interesting presentations, thank you!"
  • "Overall very good information. Things to keep in mind when going through the NRDA process."
  • "Presentations Spurred great Discussions."
  • "As legal/policy analyst, I am finding this seminar very informative and helpful!"
  • "Overall- Very Good Work"

Thursday, March 21, 2024

9:00 am

Introduction & Overview

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

McClure Tosch , Program Co-Chair, Natural Resource Injury Assessment Lead
Yakama Nation / Toppenish, WA

9:10 am


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

9:15 am

Recent Legal and Regulatory Developments with a Significant Impact on Tribal Natural Resource Damage Assessments and Remedies

Legislative and administrative: Congressional actions on environmental laws and oversight; rulemaking and enforcement action trends at the key federal administrative agencies

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

Litigation update: Recent decisions and pending cases of particular importance to Tribal officials involved with environmental enforcement, damage recovery efforts, and development of Tribal environmental policies

Deirdre Donahue, Esq. , Attorney Advisor
US Department of the Interior / Portland, OR

Update on the recent decision Pakootas litigation in the Eastern District of Washington related to Tribal cultural service loss claims

Marty Raap, Esq. , Managing Attorney
Colville Tribes / Nespelem, WA

10:30 am


10:45 am

Sackett v. EPA and the Substantial Curtailment of Federal Jurisdiction Over Waters of the US

Impacts of the Supreme Court's decision on the scope of federal trusteeship and the resulting implications for state and Tribal trustees: How should states and Tribes change their approach to resource damages within their jurisdiction?

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

Nadia Martin , Principal
Industrial Economics, Inc. / Cambridge, MA

Amanda Wright Rogerson, Esq.
Wright Rogerson PLLC / Boise, ID

12:15 pm

Lunch Break

1:15 pm

The Department of the Interior's NRDA Modernization Proposal

DOI's work to date on updating its "Type A" NRDA regulations for minor releases: To what extent can we expect an expansion of scope and for it to become more flexible and efficient and to result in faster assessments and restoration at lower costs?

Brian D. Israel, Esq.
Arnold & Porter / Washington, DC

1:45 pm

The Effects of Climate Change on NRD Claims

The need to change the Focus from insitu ecosystem restoration to long term provision of ecosystem services at other locations: Trustee and PRP perspectives on innovative solutions and putting them to work

Tanya C. Nesbitt, Esq.
Thompson Hine / Atlanta, GA

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

3:00 pm


3:15 pm

CERCLA/NRD Site Management Updates from Tribal Trustees

Tips for developing best practices: Lessons from around the country on strategy development, emerging issues, and anticipating problems

McClure Tosch , Program Co-Chair
Yakama Nation / Toppenish, WA

Raymond J. Martinez , Director, Department of Environmental and Cultural Preservation
Pueblo de San Ildefonso / Santa Fe, NM

Jason White , Environmental Director
Cherokee Nation / Tahlequah, OK

Thomas A. Zeilman, Esq.
Law Offices of Thomas Zeilman / Yakima, WA

5:00 pm

Evaluations & Adjourn

Faculty Bios

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.

McClure Tosch, McClure Tosch, Program Co-Chair, is the Natural Resource Injury Assessment Lead for the Yakama Nation Environmental Restoration / Waste Management (ER/WM) Program. He has worked for the Yakama Nation for over 13 years on priority hazardous waste cleanup sites up and down the Columbia River. In addition, he serves as the technical trustee on the Hanford Natural Resource Trustee Council for the Yakama Nation and has served on several other trustee councils in the Pacific Northwest.

Deirdre Donahue is an attorney-advisor with the Department of the Interior, Office of the Solicitor, Division of Parks and Wildlife, Environmental Restoration Branch. She also has served as Senior Legal Counsel at the White House Council on Environmental Quality.

Brian D. Israel Brian D. Israel is chair of Arnold & Porter's Environmental Practice Group and co-lead of the firm's Environmental, Social, and Corporate Governance (ESG) working group. Since 2010, 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. He is a principal author of "Natural Resource Damages: A Guide to Litigating and Resolving NRD Cases", the definitive treatise on NRD claims.

Nadia Martin Nadia Martin is a Principal at Industrial Economics, Inc., where she specializes in restoration planning and the assessment of natural resource injuries and ecological and cultural impacts resulting from contamination. She has provided technical and management support across a wide range of cases including mining sites, complex legacy hazardous waste sites, inland and coastal oil spills, and catastrophic wildlife assessments.

Raymond J. Martinez is the Director of the Department of Environmental and Cultural Preservation for the Pueblo de San Ildefonso. One of his top priorities is continued monitoring of chromium groundwater contamination. Another is the development of a climate resiliency plan.

Tanya C. Nesbitt Tanya C. Nesbitt is a partner at Thompson Hine. Prior to joining Thompson Hine, she served as a trial attorney for the U.S. Department of Justice's Natural Resources Section of the Environment and Natural Resources Division.

Marty Raap Marty Raap is Managing Attorney for the Colville Tribes.

Amanda Wright Rogerson, Amanda Wright Rogerson, Wright Rogerson PLLC, formerly served as a Staff Attorney for Advocates for the West and the Nez Perce Tribe. Now in private practice, she continues to represent the Nez Perce Tribe on a wide range of issues that implicate the Tribe's treaty-reserved rights as well as the Administrative Procedure Act; Clean Water Act; Comprehensive Environmental Response, Compensation, and Liability Act; Endangered Species Act; Indian Gaming Regulatory Act; National Environmental Policy Act; National Forest Management Act; and National Historic Preservation Act.

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. He currently coordinates and collaborates with seven other trustee representatives on the Hanford Natural Resource Trustee Council with the goal of obtaining consensus among all Trustees.

Theodore Tomasi is a n Theodore Tomasi is a n atural resource economist and Managing Principal at Integral Consulting. He specializes 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 previously served as an advisor and economic expert for NOAA's Damage Assessment Center.

Jason White is Environmental Director for the Cherokee Nation.

Thomas A. Zeilman, Thomas A. Zeilman, Law Offices of Thomas Zeilman, has represented the Yakama Nation for 24 years, both as an in-house attorney and in private practice. He has worked in many areas of tribal natural and cultural resources law, including treaty fishing and hunting rights, Columbia River fisheries management and enforcement, environmental cleanup and hazardous waste management, and tribal water rights.He has been a past Chair of both the Portland Harbor and Hanford Natural Resource Trustee Councils and has represented the Yakama Nation in many other federal and state-led remediation sites throughout the Columbia Basin.

Continuing Education Credits

Live credits: This program qualifies for 6.25 WA MCLE and 6.25 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.

Remote Access to the Live Program

The day before the program, we will email you a link to the materials and one to log into the broadcast. Fill out the Zoom "Registration" form by entering your name and email address. That will log you in.

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