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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
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!
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