Day One Agenda

Tuesday, September 25, 2018

exAMINATION OF CASES under us law and associated practice: WHAT they TELL US

 

8:15 AM

registration/light breakfast available


9:00 AM

Welcome from the george washington university

BLAKE D. MORANT, Dean, The George Washington University Law School

Welcome from the Ad-Hoc Industry Natural Resource Management Group

BARBARA J. GOLDSMITH, Executive Director, Ad-Hoc Industry Natural Resource Management Group; President, Barbara J. Goldsmith & Company LLC


9:20 AM

Why this Symposium is Important at this Time

This segment will provide a brief overview of the role of this and past Symposia and why it continues to present an important forum for the multi-stakeholder community to examine natural resource law, policies, practices and synergies. The remarks will outline what participants can expect during the course of the Symposium’s two-day program and briefly revisit past Symposia themes.

RICHARD DESANTI, Chief Environmental & Safety Counsel, Environmental & Safety Law Group, Chevron Corporation


9:40 AM

Keynote Address: "in science we trust (or not): implication for managing natural resource issues"

The need to manage natural resources and associated issues efficiently, cost-effectively and sustainably continues to be at the forefront of public and private sector policies and practices. However, managing such a complex area can be fundamentally challenging and often requires expertise in an array of scientific and technical disciplines. This address will discuss the role of science and its relationship to the theme of the Symposium.

Introduction: MARY MORNINGSTAR, Associate General Counsel, Environmental Law, Lockheed Martin Corporation

ALLYSON K. ANDERSON BOOK, Executive Director, American Geosciences Institute; Former Associate Director of Strategic Engagement of the Bureau of Safety and Environmental Enforcement (BSEE), US Department of the Interior; Former Senior Professional Staff Member, US Senate Energy and Natural Resources Committee


10:30 AM

case law since new bedford harbor

Much has happened over the nearly four-decade history of the natural resource damage program in the US in terms of case law, regulatory changes, policy developments and more. This address will take a look at what has happened since the series of key decisions resulting from the New Bedford Harbor case (In Re Acushnet River & New Bedford Harbor, 722 F. Supp. 893 (D. Mass.1989), which continues to shape outcomes of cases nationally, including what has help shaped the limits to liability and what is missing.

Moderator: SCOTT FULTON, President, Environmental Law Institute

Roundtable:

JOHN C. CRUDEN, President, American College of Environmental Lawyers; Partner, Beveridge & Diamond PC; Former President, Environmental Law Institute; Former Attorney General for the Environment and Natural Resources Division, US Department of Justice

ROBERT L. GLICKSMAN, J. B. and Maurice C. Shapiro Professor of Environmental Law, The George Washington University Law School

JANE LUXTON, Member, Clark Hill; Former General Counsel, US Department of Commerce/National Oceanic & Atmospheric Administration (NOAA)

MARY KAY LYNCH, Environmental Appeals Judge, Environmental Appeals Board, US Environmental Protection Agency (EPA); Member, Deepwater Horizon Trustee Council


12:00 PM

networking lunch


12:45 PM

hazardous waste case/site review: extracting lessons learned and elements of successful scientific and legal practices

This segment will focus on a limited set of NRD sites/cases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) and other federal and state laws in order to extract “lessons learned” with emphasis on leveraging approaches and practices that have proved effective for both potentially responsible parties (PRPs) and government and could or should be replicated and/or expanded to other sites. Among the cases to be featured are: Lower Duwamish, WA; State of VA v. DuPont; the Southeast Missouri Lead Mining District, United States, et al. v. Alcoa Inc., et al.; Portland Harbor, OR; United States, et al. v. Honeywell International Inc.; and others.

Moderators: BARBARA J. GOLDSMITH and J. TOM BOER, Partner, Hunton Andrews Kurth

Persons participating include: 

ADAM AYERS, Principal Scientist, Arcadis US, Inc.; Former Senior Project Specialist, General Electric Company

BRIAN FERRASCI-O’MALLEY, Associate, Nossaman LLP; Former Attorney, Office of the Solicitor, US Department of the Interior

BRIAN D. ISRAEL, Partner, Arnold & Porter

WILLIAM J. JACKSON, Partner, Kelley Drye & Warren LLP

STEVEN M. JAWETZ, Principal, Beveridge & Diamond PC

DOUG MACNAIR, PH.D., Technical Director, ERM

STEVEN MILLER, Deputy Assistant General Counsel for Environment, US Department of Energy

THOMAS A. NEWLON, Partner, Stoel Rives LLP

RALPH G. STAHL, PH.D., Technical Fellow Corporate Remediation Group, DuPont Company

Presentation of the Cases and Issues that Define the Practice

This segment will include brief case presentations that will set out specific issues within the case, why the case is important and implications for broader practice.

Identification of Cross Cutting Issues and Other Influences

In addition to an examination of issues that reoccur from case to case and define current practice, this segment will examine more recent influences, including state common law claims, tribal and cultural resources, the relationship between remediation and restoration, risk assessment and mitigation, state action on new pollutants, climate change influences and more.

Priority Issues and New Directions

Taking the information presented, speakers will identify and synthesize priority issues and new ways to promote more efficient and expeditious restoration of injured natural resources back to the affected public nationwide.


3:00 PM

oil spills and other incidents case/site review: extracting lessons learned and elements of successful scientific and legal practices

This segment will focus on a limited set of NRD sites/cases under the Oil Pollution Act (OPA) and other federal and state laws in order to extract “lessons learned” with emphasis on leveraging approaches and practices that have proved effective for both potentially responsible parties (PRPs) and government and could or should be replicated and/or expanded to other sites. Among the cases to be featured are: Adak Oil Spill, AK; Cosco Busan Oil Spill, CA; Deepwater Horizon; United States v. Bouchard Transportation Company, et al. and others.

Moderators: BARBARA J. GOLDSMITH and TONY PENN, Chief, Assessment and Restoration Division, US Department of Commerce/National Oceanic & Atmospheric Administration (NOAA)

Persons participating include:

GREG BAKER, Regional Resource Coordinator, Assessment and Restoration Division, Southwest Branch, US Department of Commerce/National Oceanic & Atmospheric Administration (NOAA)

PAUL D. BOEHM, PH.D., Corporate Vice President & Principal Scientist, Exponent

ANDREW N. DAVIS, Partner, Shipman & Goodwin LLP

KAROLIEN DEBUSSCHERE, PH.D., Deputy Coordinator, Louisiana Oil Spill Coordinator Office, Department of Public Safety and Corrections, Public Safety Services; Chair, States NRD Alliance

BRIAN D. ISRAEL

JEAN A. MARTIN, Senior Counsel - BP Legal, BP America Inc. and Affiliates

ANNE WAGNER, PH.D., Team Manager, ESHIA & Natural Resource Conservation, Chevron Corporation Technology

IAN ZELO, Chief of Staff, Office of Response & Restoration, US Department of Commerce/National Oceanic & Atmospheric Administration (NOAA)

Presentation of the Cases and Issues that Define the Practice

This segment will include brief case presentations that will set out specific issues within the case, why the case is important and implications for broader practice.

Identification of Cross Cutting Issues and Other Influences

In addition to an examination of issues that reoccur from case to case and define current practice, this segment will examine more recent influences, including state common law claims, tribal and cultural resources, the relationship between remediation and restoration, risk assessment and mitigation, climate change influences and more.

Priority Issues and New Directions

Taking the information presented, speakers will identify and synthesize priority issues and new ways to promote more efficient and expeditious restoration of injured natural resources back to the affected public nationwide.


4:50 PM

COMMENTARY ON THE INTERNATIONAL CONTEXT OF THE SYMPOSIUM’S PROCEEDINGS

ACHINTHI VITHANAGE, Visiting Associate Professor of Law & Environmental and Energy Law Fellow, The George Washington University Law School


5:05 PM

observations of day one program

TARA WAIKEM FLYNN, Senior Projects Counsel, Barbara J. Goldsmith & Company LLC


5:20 PM

preview of day two

BARBARA J. GOLDSMITH


5:30 PM

adjourn

 
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