Schedule and Faculty

8:00 – 8:30 a.m.

REGISTRATION & CONTINENTAL BREAKFAST

8:30 – 8:45 a.m.

WELCOME & PRESENTATION OF THE DISTINGUISHED SERVICE AWARD

David J. Zoll; Chair, MSBA Environmental, Natural Resources and Energy Law Section

8:45 – 9:45 a.m.

KEYNOTE ADDRESS

 

Global Challenges to Sustainability: What Every Lawyer Needs to Know About the Future of the Planet

Professor Jonathan Foley; Director, Institute on the Environment, University of Minnesota

 

Live Simulcast Option

Wednesday, April 17, 2013
8:45 – 9:45 a.m.
(CST)

This keynote presentation also is available via live simulcast direct to your computer. If you can’t attend the live course, you may register for only this presentation via live simulcast.  

9:45 a.m. – 12:00 p.m.

THE 2013 CASE LAW, REGULATORY AND LEGISLATIVE UPDATE

 

9:45 – 10:15 a.m.

Air and Climate Change Update

EPA‘s first set of greenhouse gas emission regulations has been upheld in court, and the focus shifts to how EPA may regulate greenhouse gas emissions under additional Clean Air Act programs. EPA has recently issued a number of significant rules to reduce emissions of traditionally regulated pollutants, particularly affecting the utility industry and industrial boilers. This session will give you the latest news on EPA’s regulations and court challenges to them, plus the status of EPA’s revisions to the National Ambient Air Quality Standards.

Ann M. Seha

 

10:15 – 10:45 a.m.

Water Update

While White Bear Lake hurts from thirst, the Red River Valley keeps looking for reasonable ways to store spring floodwaters. Minnesota’s water landscape remains awash in legal intrigue. This session will examine the year’s highlights in stormwater, wetlands, flood control, water quality, groundwater and other matters aquatic from around the state and the country.

Michael J. Welch

 

10:45 – 11:00 a.m.

BREAK

 

11:00 – 11:30 a.m.

Environmental Review and Environmental Rights Update

Issues arising under the National Environmental Policy Act (NEPA), the Minnesota Environmental Policy Act (MEPA), and the Minnesota Environmental Rights Act (MERA) continue to challenge environmental practitioners. This session will analyze the most important developments in environmental review and environmental rights, including when and how to evaluate greenhouse gas emissions and climate change impacts in environmental assessments and environmental impact statements.

Thaddeus R. Lightfoot

 

11:30 a.m. – 12:00 p.m.

CERCLA/MERLA/RCRA Update

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and its state law equivalent, the Minnesota Environmental Response and Liability Act (MERLA), also referred to as Superfund laws, provide that persons responsible for past releases of hazardous substances may be liable for the investigation and cleanup of sites. The Resource Conservation and Recovery Act (RCRA) provides for the proper management of hazardous wastes. This session will review case law developments in the past year, developments related to voluntary cleanup programs, and natural resource damage claims.

Joseph G. Maternowski

12:00 – 1:00 p.m.

LUNCH (on your own)

1:00 – 2:00 p.m.

SMALL GROUP SESSION A

 

1. Air Basics

The basic regulatory structure of the Clean Air Act and how it translates into regulation of specific emissions from specific sources, including discussion of greenhouse gas emissions regulation.

Jonathan H. Bloomberg

 

2. Takings and Transmission

A discussion of the use of eminent domain to build electric transmission lines to transmit renewable energy from resource-rich areas to population centers in other states, as well as the regulatory implications of transmission line siting and construction.

Alexandra B. Klass & Eric F. Swanson

 

3. Frac Sand Mining: Environmental and Regulatory Developments

A discussion of regulatory and permitting developments in frac sand mining, including the perceived environmental, health, and safety risks.

James S. Aiken & Frank L. Kohlasch

 

4. How to Obtain Effective Review of a Project

The methods of obtaining governmental review and regulation of controversial environmental and land use development projects.

James P. Peters & Scott R. Strand

2:00 – 2:15 p.m.

BREAK

2:15 – 3:15 p.m.

SMALL GROUP SESSION B

 

5. How to Sue the Government

An overview of the basics of litigating under the Administrative Procedure Act.

Richard A. Duncan

 

6. Wind Energy Development – Perspectives on Moving Forward

An analysis of changes in the legal framework for wind energy development in Minnesota from three different perspectives – the developer, the local landowner, and the county.

Stephen N. Betcher, Katherine A. Roek & Daniel S. Schleck

 

7. Stormwater Permitting and Enforcement: Current Developments

An overview of the regulation of stormwater runoff, including permits and compliance requirements.

Keith Hanson

 

8. Building Your Practice Professionally and Ethically

1.0 ethics credit applied for

How to develop relationships with clients, potential clients and referral sources to build your practice, and how to avoid violations of the Rules of Professional Conduct.

Roy S. Ginsburg

3:15 – 3:30 p.m.

BREAK

3:30 – 4:30 p.m.

SMALL GROUP SESSION C

 

9. Contaminated Property Basics

An overview of key issues in transactions involving contaminated property and the tools used to allocate or mitigate the associated risks.

Sara J. Peterson & Daniel S. Schleck

 

10. Global Product Environmental Compliance

An overview of trends that affect a company’s ability to grow in the global marketplace and practical information about environmental and sustainability management.

Larisa Vishkovetsky

 

11. Nonferrous Metallic Mining in Minnesota: Regulatory and Legal Issues

An agency perspective on nonferrous mining in Minnesota, including applicable environmental regulations and evolving regulatory issues.

Michael R. Kunz & Brian Timerson

 

12. Agriculture and the Environment

The Minnesota Agriculture Water Quality Certification Program, the role of shared governance in achieving environmental outcomes, and other environmental issues affecting agriculture.

Timothy M. Gieseke & Matthew Wohlman

4:30 – 5:30 p.m.

ANNUAL ENVIRONMENTAL INSTITUTE RECEPTION

Join us for complimentary food, beverages, and the chance to win great prizes, including an Apple iPad3!