Wetlands Law and Regulation
Why Attend?
If your clients do any construction, planning, or conservation, you need to know the complex federal laws regulating wetlands and other waters, including the latest developments concerning “waters of the United States.” Practitioners who advise or work in many sectors of the national economy – agriculture, construction and land development, government regulation, forestry, mining, highway and other transportation, public works, recreation, and utilities, to name a few – must know the laws and regulatory programs dealing with the protection of wetlands and other waters.
Are you on top of the latest developments in wetlands law?
JUST ADDED - Mark Pollins, Director of EPA's Water Enforcement Division
On March 21, 2012, the U.S. Supreme Court issued a unanimous decision in Sackett v. Environmental Protection Agency, 566 U.S. __ (2012), finding that an administrative compliance order issued by the EPA under the Clean Water Act (CWA) was final agency action reviewable under the Administrative Procedure Act (APA) and that the CWA does not preclude pre-enforcement review of the compliance order. Under Sackett, property owners subject to the agency's assertion of jurisdiction in a compliance order under the CWA may challenge the compliance order in federal court prior to the agency initiating an enforcement action. Moreover, this decision may open the door for property owners seeking to challenge CWA jurisdictional determinations made by EPA and the U.S. Army Corps of Engineers outside the context of a compliance order.
Mark Pollins, Director of EPA's Water Enforcement Division, along with other distinguished speakers, will comment on this important case and its potential implications.
What You Will Learn
A top-flight faculty of senior public officials, experienced private practitioners, government prosecutors and defense attorneys, and public interest advocates provide an unparalleled update on the law for the experienced practitioner and an overview of the basic substantive law and practice issues for the less experienced practitioner.
Who Should Attend
The course is designed for a wide audience. It updates experienced attorneys and related professionals, informs public affairs specialists about the issues that will form tomorrow’s debates, and provides general practitioners with an excellent framework for understanding the law and counseling clients in this complex area.
Planning Chairs
Virginia S. Albrecht, Hunton & Williams LLP, Washington, D.C. (also on faculty)
Jeff B. Kray, Marten Law PLLC, Seattle
James M. McElfish, Jr., Senior Attorney and Director, Sustainable Use of Land Program, Environmental Law Institute, Washington, D.C.
Margaret N. Strand, Venable LLP, Washington, D.C. (also on faculty)
KEYNOTE SPEAKER
John C. Cruden, President, Environmental Law Institute, Washington, D.C.
Faculty
Jon Devine, Senior Attorney, Water Program, Natural Resources Defense Council, Washington, D.C.
Deidre G. Duncan, Hunton & Williams LLP, Washington, D.C.
David Evans, Director, Wetlands Division, Office of Wetlands, Oceans and Watersheds, U.S. Environmental Protection Agency, Washington, D.C.
Jan Goldman-Carter, Wetlands and Water Resources Counsel, National Advocacy Center, National Wildlife Federation, Washington, D.C.
Timothy J. Hagerty, Frost Brown Todd LLC, Louisville, Kentucky
Ruth Hamilton Heese, Senior Assistant Attorney General, Environmental Section, State of Alaska Department of Law, Juneau
Lawrence R. Liebesman, Holland & Knight LLP, Washington, D.C.
Jennifer A. Moyer, Deputy Chief, Regulatory Program, Headquarters, U.S. Army Corps of Engineers, Washington, D.C.
Mark Pollins, Director, Water Enforcement Division, U.S. Environmental Protection Agency, Washington, D.C.
Stephen L. Samuels, Assistant Chief, Environmental Defense, U.S. Department of Justice, Washington, D.C.
Mary D. Shahid, Nexsen Pruet LLC, Charleston, South Carolina
Lance D. Wood, Assistant Chief Counsel, Environmental Law and Regulatory Programs, U.S. Army Corps of Engineers, Washington, D.C.
Additional faculty to be confirmed
ALI-ABA Staff Attorney: Kevin J. O’Connor, Associate Director, Office of Courses of Study
NEW! This course is also available as a Groupcast being held at the MCLE Conference Center in Boston. Registration for the Groupcast begins 2/27. To register, go to www.mcle.org.
Program Schedule
Wednesday, May 2, 2012
5:30 p.m. Early Registration
VIDEO WEBCAST SEGMENT A
6:00 p.m. Optional Introductory Lecture: Basics of the Federal Law of Wetlands and Other Waters – Mss. Albrecht and Strand
7:30 p.m. Adjournment for the Day
Thursday, May 3, 2012
7:30 a.m. Registration and Continental Breakfast
8:25 a.m. Administrative Remarks – ALI-ABA Staff
VIDEO WEBCAST SEGMENT B
8:30 a.m. Keynote Address – Mr. Cruden
9:15 a.m. The Waters of the United States: What Are They? What’s Happening Now To Make Them Clear(er)? – Ms. Duncan and Messrs. Evans and Samuels
10:25 a.m. Networking and Refreshment Break
10:40 a.m. “Cooperative” Federalism -- EPA, Corps, and States’ Roles in Enforcement and Permitting -- How Do They Interact? How Should They? – Mss. Heese and Shahid
12:00 noon Lunch (provided by ALI-ABA)
VIDEO WEBCAST SEGMENT C
12:30 p.m. Optional Lunchtime Session: Ethical Issues in Environmental Law – Mr. Liebesman and Ms. Strand
1:30 p.m. Enforcement and Litigation – Messrs. Hagerty and Wood
2:30 p.m. The Sackett Case Pending in the U.S. Supreme Court: Whether Compliance Orders and Jurisdictional Determinations Are or Should Be Subject to Judicial Review – Messrs. Devine and Pollins and Ms. Heese
3:45 p.m. Networking and Refreshment Break
4:00 p.m. Administrative Initiatives: New Nationwide Permits, Stream Mitigation Guidance, and Experience under the Mitigation Regulation – Mr. Evans and Mss. Goldman-Carter and Moyer
5:15 p.m. Adjournment; Joint Networking Reception with Species Protection Registrants and Faculty, Hosted by:
Total 60-minute hours of instruction: (including the optional introductory lecture and lunchtime session): 9, including one hour of ethics
Suggested Prerequisite: Some experience with wetlands issues/legal practice and/or attendance at optional introductory lecture
Educational Objective: Acquisition of knowledge and skills to address issues of wetlands law; maintenance of professional competence as a practitioner; provision of information on recent legal developments
Level of Instruction: Advanced
Here's what registrants have said about this course:
“This was an excellent update chaired by top authorities in the field.” – Stanley W. Legro, Rancho Santa Fe, California
“This may be the best CLE I’ve ever attended – great content, in-depth but understandable to someone new(ish) to the field, great environment, etc. Presenters were all superb.”
“Good mix of presenters – federal government, congressional reps, Corps, EPA, etc… This was my first wetlands conference. I learned a lot and will definitely try to attend again in the future.”
