The 2010 Minnesota Environmental Institute
Schedule and Faculty
8:15 – 8:45 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
8:45 – 9:00 a.m.
WELCOME REMARKS & PRESENTATION OF DISTINGUISHED SERVICE AWARD
– Joseph G. Maternowski
Chair, MSBA Environmental, Natural Resources and Energy Law Section
9:00 – 11:10 a.m.
The 2010 Case Law, Regulatory, and Legislative Update
These presentations will highlight key developments during the past year under federal and state environmental statutes, including the Clean Air Act, the Clean Water Act, the National Environmental Policy Act, the Minnesota Environmental Policy Act, CERCLA, MERLA, and the Resource Conservation and Recovery Act.
9:00 – 9:30 a.m.
Climate Change and Air Update
This year was one of the most eventful in the long history of the Clean Air Act (CAA). USEPA has made the "endangerment" finding that triggers applicability of the CAA to greenhouse gas emissions and published a variety of related rules, proposed rules, and determinations. Meanwhile, Congress is considering comprehensive CAA amendments to establish a cap-and-trade program. But do not forget those old-fashioned "conventional" air pollutants, because USEPA took plenty of action, with plenty more coming, to revise ambient air quality standards, emission standards, and new source review permit requirements.
– Ann M. Seha
9:30 – 10:00 a.m.
Water Update
This session will review recent developments in water law. Minnesota appellate courts issued two decisions on phosphorus and Total Maximum Daily Loads. State wetland rules were adopted; nondegradation and industrial stormwater rules await. The latest installment in the U.S. v. Gary Bailey series reveals the Minnesota view on Clean Water Act jurisdiction after Rapanos. The federal courts continue to ponder whether an interbasin water transfer is a pollutant discharge subject to Clean Water Act permitting, and the U.S. Supreme Court is asked to reopen a 1922 case to keep Asian carp from Lake Michigan.
– Charles B. Holtman
10:00 – 10:10 a.m.
BREAK
10:10 – 10:40 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 during the past year, including when and how to evaluate greenhouse gas emissions and climate change impacts in environmental assessments and environmental impact statements.
– Thaddeus R. Lightfoot
10:40 – 11:10 a.m.
CERCLA/RCRA Update
This session will discuss significant cases during the past year involving CERCLA, MERLA, and the Resource Conservation and Recovery Act, including the U.S. Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. United States, which dealt with the apportionment of CERCLA liability among responsible parties.
– B. Andrew Brown
11:10 – 11:20 a.m.
BREAK
11:20 a.m. – 12:05 p.m.
KEYNOTE ADDRESS:
Sustainable Development Concepts, Land Revitalization Efforts, and Environmental Protection
– Brooke Furio, Region 5 Program Analyst, U.S. Environmental Protection Agency
12:05 – 1:00 p.m.
LUNCH (on your own)
1:00 – 2:00 p.m.
BREAKOUT SESSION A
1) Climate Change 2010
In recent years, climate change has moved from policy debate to tangible action in courts, legislatures, and regulatory agencies around the globe. While the long-term outcomes of these efforts remain unsettled in the U.S. and abroad, climate change is firmly established as a central field at the intersection of environmental and energy law. This session will provide an overview of climate change law and policy, including discussion of recent developments and trends.
– John D. Ostergren
2) Leading by Example: State, Local Government, and Industry Initiatives
How are the state of Minnesota, communities, and private industry incorporating sustainability into their operations and the development of new opportunities? This session will provide an overview of sustainability approaches and the results of implementation on three different scales. Learn how sustainability has changed views toward investment, innovation, and conservation.
– Andrea M. Carruthers, Brooke Furio & Cathy Moeger
3) Environmental Public Interest Law
Whether you represent business interests, local community groups, or government agencies, the outcomes of disputes over environmental matters can have profound implications for the community, economy, and future generations. This session will explore the meaning of public interest law, some hot topics, and opportunities for lawyers to engage with local and regional issues.
– Timothy J. Rudnicki & Scott R. Strand
4) You Said I Was Your Favorite Client! – Identifying and Addressing Conflicts of Interest
1.0 ethics credit applied for
Conflicts of interest arise when lawyers least expect them, such as when a law firm colleague wants to litigate against a firm’s transactional client, when the lawyer represents multiple parties, or when the lawyer tries to settle a case for joint clients. This session will discuss what types of conflicts are waivable and how to write a conflicts waiver that will withstand scrutiny down the road.
– Eric T. Cooperstein
2:00 – 2:15 p.m.
BREAK
2:15 – 3:15 p.m.
BREAKOUT SESSION B
5) Water and Wetlands Basics
For the attorney who is new to environmental law or who wants a refresher, this session will provide an overview of key concepts in wastewater, stormwater, and wetlands regulation. The session will explore the fundamentals of the Clean Water Act, point source regulation for municipal and industrial dischargers, and the permitting process. The session will also address impaired waters regulation and provide an overview of the complex but integrated effort to protect Minnesota’s water resources through stormwater management regulations and wetlands protections. Counsel for public and private development and land-use projects will gain familiarity with the structure of stormwater-management and wetlands-protection law in the state.
– Steven W. Nyhus & Michael J. Welch
6) 10 Hot Topics in Green Chemistry and Product Regulation
Environmentally preferred products. State-driven green chemistry requirements. End-of-life producer responsibility. Packaging restrictions. Green marketing claims. Customer and government product ingredient disclosure requirements. New requirements, especially at the state level, are increasingly being proposed and enacted to regulate the content of products and packaging, purchase by government entities, management of environmental claims, and disposal. Customer requirements are driving these issues in the absence of government regulation in a particular jurisdiction. This session will provide an overview of trends that affect how a company designs, markets, and manufactures products and practical information about environmental management and regulation of products.
– Michael A. Nash, Karna M. Peters & Nancy E. Walsh
7) Renewables and Environmental Review
Minnesota has an aggressive renewable energy standard that will require additional wind, solar, biomass, transmission, and other facilities over the upcoming decade. In this session, learn the nuts and bolts of environmental review of renewable energy projects: the what, the when, and the tough issues. The session will cover the preparation of environmental reports, environmental assessments, and environmental impact statements. It will also address the role of local governments and the use of public scoping forums, as well as discuss the concerns of state agencies regarding such projects.
– Alan R. Mitchell & Christina K. Brusven
8) Strategic Communications in the Environmental Litigation and Regulatory World
Public comments and disclosures can have significant impact on pending or threatened environmental litigation, enforcement actions, and regulatory matters. In this session, learn how to help your clients communicate regarding their critical issues while protecting their legal interests and reputation. Topics will include understanding the media, the Obama administration’s impact on public opinion, strategic communications planning, controlling the message and flow of information, and protecting public relations strategies from the discovery process in litigation.
– Amy K. Rotenberg & Stacy Lynn Bettison
3:15 – 3:30 p.m.
BREAK
3:30 – 4:30 p.m.
BREAKOUT SESSION C
9) Basics of TSCA/REACh and FIFRA/BPD
This course will cover the basic requirements of chemical management and pesticide regulation programs in the U.S. and Europe. Given the global impact of the new European Chemicals Agency (ECHA), the comparison provides insight into U.S. regulatory trends. The session will also address U.S. PCB regulations.
– Steven M. Christenson & Jeffery A. Sepesi
10) The Expanding Role of the Public Utility Commissioner in the Clean Energy Transition
The Energy Policy Act of 2005 emphasizes a national and regional approach to the governance of electric power grids and markets, while easing restraints on corporate structural borders. State regulators have new opportunities to contribute to regional organizations, collaborative efforts, and federal policy-making. This session will address the expanding role of the state public utility commissioner in green infrastructure development. It will also explore opportunities for states to influence federal policy in this new "cooperative federalism" paradigm.
– Commissioner Phyllis A. Reha
11) Hot Topics in Environmental Litigation
Landowners, cities, states, and others are turning to the courts with both old and new theories of relief for environmental harm that include the impacts of climate change, soil and water contamination, natural resource damages, wind farms, and Asian carp in Lake Michigan. This session will discuss developments in CERCLA, RCRA, public and private nuisance law, takings, and land use with a focus on the most important case developments in the past year and predictions for the future.
– Delmar R. Ehrich & Alexandra B. Klass
12) Current Developments in Stormwater Permitting and Enforcement
This session will focus on the continued regulation of stormwater runoff, including EPA and MPCA stormwater permits and the enforcement priorities in the coming year related to on-site water management. The session will review permitting and compliance requirements for both construction sites and industrial facilities.
– Daniel S. Schleck
4:30 – 5:30 p.m.
ANNUAL ENVIRONMENTAL INSTITUTE RECEPTION