Clean Water Act: Law and Regulation

  • Cosponsored by the ABA Section of Environment, Energy, and Resources and the Environmental Law Institute (ELI)

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Why Attend?

Much has been achieved in protecting the nation’s waterways and wetlands since the modern Clean Water Act was passed in 1972. However, as federal and state agencies seek to tackle the most intractable water quality problems, the greatest challenges remain.

With the in-depth, hands-on treatment provided in this advanced course of study, you not only learn about recent programmatic, litigation, and congressional developments, but also the larger, emerging issues that will strongly influence Clean Water Act law and practice in the years to come.

The course, comprising 12 full hours of instruction, updates experienced attorneys and related professionals and provides general practitioners with an excellent framework for understanding the law and counseling clients in a complex area.  A top-flight faculty, including senior public officials from federal and state agencies, private practitioners, government prosecutors and defense attorneys, and public interest advocates, provide not only legal analyses, but science and policy perspectives as well. An optional introductory lecture is presented on Thursday morning to provide less experienced practitioners, or those needing a refresher, with grounding in the basic substantive law and practice issues.

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What You Will Learn

This year’s course pays special attention to oil spill responses in light of the Deepwater Horizon disaster. Climate change issues, particularly adaptation and energy, also are examined. Other areas of focus include:

Wetlands Update

Publicly Owned Treatment Works (POTWS)

Federal and State Enforcement

"Green" Infrastructure

Recent Legislative Developments

EPA’s new sanitary sewer overflow policy

The course also includes a full hour on professional responsibility issues and ethics concerns in the water law practice context. Time is reserved throughout the program to address your questions.

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Who Should Attend

Lawyers and other professionals who need to be up-to-date on all aspects of Clean Water Act law should attend this comprehensive course.

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Planning Chairs

(also on faculty)

D. Randall Benn, Dewey & LeBoeuf LLP, Washington, D.C.

Rachel Jean-Baptiste, Managing Editor, Environmental Law Reporter, Environmental Law Institute, Washington, D.C.

LaJuana S. Wilcher, English Lucas Priest & Owsley LLP, Bowling Green, Kentucky; former Secretary, Kentucky Environmental and Public Protection Cabinet; former Assistant Administrator for Water, U.S. Environmental Protection Agency

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Faculty

Additional speakers to be confirmed

KEYNOTE SPEAKER

Bob Perciasepe, Deputy Administrator, U.S. Environmental Protection Agency, Washington, D.C. (invited)

FROM THE GOVERNMENT

Andrea L. Berlowe, Senior Counsel, Law and Policy Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.

John C. Cruden, Deputy Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.

James Giattina, Director, Water Protection Division, Region 4, U.S. Environmental Protection Agency, Atlanta

Amanda Goad, New York City Law Department, New York

Randy Hill, Deputy Director, Office of Wastewater Management, U.S. Environmental Protection Agency, Washington, D.C.

Lisa E. Hollander, Deputy Director of Law, Northeast Ohio Regional Sewer District, Cleveland

Adam M. Kushner, Director, Office of Civil Enforcement, U.S. Environmental Protection Agency, Washington, D.C.

Mary-Kay Lynch, Associate General Counsel for Special Litigation and Emergency Response, U.S. Environmental Protection Agency, Washington, D.C.

Karen Metchis, Climate Advisor, Office of Water, U.S. Environmental Protection Agency, Washington, D.C.

Jonathan R. Pawlow, Counsel, Subcommittee on Water Resources and Environment, Committee on Transportation and Infrastructure, U.S. House of Representatives, Washington, D.C.

Catharine Ransom, Senior Climate Adviser/Senior Environmental Adviser, U.S. Senate Committee on Finance, Washington, D.C.

Dolores Wesson, Special Assistant to the Assistant Administrator for Water, Office of Water, U.S. Environmental Protection Agency, Washington, D.C. (invited)

LAW SCHOOLS, NON-PROFITS, AND ENVIRONMENTAL ADVOCACY ORGANIZATIONS

Katherine Baer, Senior Director, Clean Water Program, American Rivers, Washington, D.C.

Kim Diana Connolly, Professor, Director of Clinical Legal Education, University at Buffalo Law School, Buffalo, New York

Martha Davis, Executive Manger of Policy Development, Inland Empire Utilities Agency, Chino, California (invited)

Alexandra Dapolito Dunn, Assistant Dean of Environmental Law Programs and Adjunct Professor of Law, Pace Law School, White Plains, New York

Andrew Fahlund, Senior Vice President, Conservation, American Rivers, Washington, D.C.

Ken Kirk, Executive Director, National Association of Clean Water Agencies, Washington, D.C.

James R. May, Professor, Widener University School of Law, Wilmington, Delaware

James Murphy, Counsel, Wetlands & Water Resources, National Wildlife Federation, Montpelier, Vermont

William J. Snape, III, Senior Counsel, Center for Biological Diversity, Washington, D.C.; Fellow in Environmental Law, American University Washington College of Law

Daniel Woltering, Ph.D., Director of Research, Water Environment Research Foundation, Alexandria, Virginia (invited)

PRIVATE PRACTITIONERS AND CONSULTANTS 

Pamela R. Esterman, Sive Paget & Riesel, P.C., New York

Barry M. Hartman, K&L Gates LLP, Washington, D.C.

Lawrence R. Liebesman, Holland & Knight LLP, Washington, D.C.

Michael Matichich, Technology Leader for Financial Services, CH2M HILL, Washington, D.C.

 

ALI-ABA Staff Attorney: Amy S. Weinberg, Assistant Director, Office of Courses of Study

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Program Schedule

All times are Eastern Daylight.

THURSDAY, NOVEMBER 4, 2010

7:30 a.m.  Registration and Continental Breakfast

Webcast Segment A – The Scope of the Clean Water Act

8:00 a.m.  Optional Introductory Lecture: Basics of Clean Water Act Law - Mr. Hill

9:00 a.m.  Introductory Remarks and Course Overview

9:15 a.m.  Keynote Address - Mr. Perciasepe (invited)

9:45 a.m.  Networking and Refreshment Break

10:00 a.m. Section 404: Primer, Problems, and ProspectsProfessor Connolly, Messrs. Liebesman and Murphy, and Ms. Wilcher

11:15 a.m.  Oil Spill Responses and the BP Disaster - Ms. Lynch and Messrs. Hartman and Snape

12:30 p.m.  Lunch Break

Webcast Segment B: Water, Energy, and Climate Change

2:00 p.m.  POTWS and Climate Change Adaptation - Mr. Matichich and Mss. Goad, Metchis, and Ransom

3:30 p.m.  Networking and Refreshment Break

3:45 p.m.  Water and Energy - Mr. Fahlund and Mss. Davis (invited) and Wesson (invited)

4:45 p.m.  Adjournment for the Day; Networking Reception for Registrants and Faculty

FRIDAY, NOVEMBER 5, 2010

8:30 a.m.  Continental Breakfast and Networking Session

Webcast Segment C: Enforcement

9:00 a.m.  Panel 1: Federal Enforcement - Messrs. Cruden and Kushner and Professor May

10:30 a.m.  Networking and Refreshment Break

10:45 a.m.  Panel 2: States, EPA, and the Clean Water Act - Professor Dunn, Mr. Giattina, and Ms. Hollander

12:00 noon  Lunch Break

Webcast Segment D: On the Cutting Edge; Ethics

1:15 p.m.  Hot Issues: New EPA SSO Policy, Endocrine Disrupting Chemicals, Green Buildings, Hill Activity, and More - Ms. Baer, Messrs. Kirk and Pawlow, and Dr. Woltering

2:45 p.m.  Networking and Refreshment Break

3:00 p.m.  Ethical Issues for the Environmental Practitioner - Mss. Berlowe and Esterman

4:00 p.m.  Adjournment

Total 60-minute hours of instruction: 12, including one hour of ethics and professional responsibility

Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter

Educational Objective: Maintenance of professional competence as a practitioner; provision of information on recent legal developments

Level of Instruction: Advanced

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Here's what registrants have said about this course:

“This is a solid course, and the planners should be commended for putting together a great group of speakers talking about relevant themes.” – Greg Schaner, U.S. Environmental Protection Agency, Washington, D.C.

"The speakers were fantastic - deeply knowledgeable, passionate, and engaging. I practice in a very narrow area of the Clean Water Act, and learned a great deal about fascinating issues on the periphery of my area…The moderators were also top notch. They kept things moving and asked penetrating questions.” – 2009 registrant

"Good for the first time as well as the seasoned practitioner." - 2009 registrant

“The presenters who were able to add humor and ‘down to earth’ examples and commentaries were very effective in presenting a somewhat dry subject area.” – 2009 registrant

“This was great – many different speakers, points of view, perspectives and topics covered. Really eye-opening to a lot of challenges and opportunities.” – 2009 registrant

"The program was well organized and interesting, full of up-to-date and useful information."

“Another high quality course. Faculty were very knowledgeable and presented their subjects well. I learned much that was new and increased my understanding of the subject.”

“Excellent program. Speakers were well prepared and information they presented is very helpful in my practice.”

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Times

All times are in Eastern Daylight Time.

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Accommodations

The AED Conference Center is located at 1825 Connecticut Avenue, N.W., in Washington, D.C., four blocks from the Dupont Circle Metro station; (202) 884-8600
There are a number of hotels nearby:
The Carlyle Suites Hotel: 1731 New Hampshire Avenue, NW, Washington, D.C. 20009; (800) 964-5377 or (202) 234-3200; FAX (202) 387-0085
The Churchill Hotel: 1914 Connecticut Avenue, NW, Washington, D.C. 20009 (across the street from AED); (800) 424-2464 or (202) 797-2000; FAX (202) 462-0944
Courtyard Washington Northwest: 1900 Connecticut Avenue, NW, Washington, D.C. 20009 (across the street from AED); (202) 332-9300; FAX (202) 328-7039
The Normandy Hotel: 2118 Wyoming Avenue, NW, Washington, D.C. 20008 (around the block from AED); (202) 483-1350; FAX (202) 387-8241
Washington Hilton: 1919 Connecticut Avenue, NW, Washington, D.C. 20009 (across the street from AED); (202) 483-3000; FAX (202) 232-0438 **Please give them the AED Corporate Rate ID # 7250102 (This code can also be used for online reservations)

Recreational Facilities

Washington, D.C. is a great place to visit any time of the year!

* Catch a performance by the National Symphony Orchestra or Washington National Orchestra at the Kennedy Center.

* Visit the ever-changing exhibits at one of The Smithsonian museums

* Shop and dine in one of D.C.'s many trendy neighborhoods, including Georgetown and Dupont Circle.

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Tuition for this Live Course is $1,199.00.

Tuition for the live course includes admission to all sessions, a set of electronic course materials before the course, hard copy course materials at the course and online access to the archived program after the course. In addition Continental breakfasts and refreshment breaks are provided daily.

To register, simply choose one of the methods below:

Tuition for this Video Webcast is $899.00.

Tuition for the webcast includes a set of electronic course materials, access to the webcast and online access to the archived program after the webcast.

This course is available in individual webcast segments

Click here for more information and to register for webcast segments.

 

If you prefer not to order online you can order by Phone or Fax:

Phone: 800-CLE-NEWS (800-253-6397) (Reference Course Code: CS005)

PDF Order form - FAX: 215-243-1664 (Reference Course Code: CS005)

 

 

Course Details

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