8:10 – 8:40 a.m.
JOIN ONLINE

8:40 – 8:45 a.m.
Welcome and Introductory Comments
Elizabeth H. Schmiesing, Course Chair

8:45 – 9:45 a.m.
KEYNOTE ADDRESS

Indian Tribes, Environmental Regulation and Infrastructure Development
Kevin R. Dupuis, Sr., Chairman of Fond du Lac Band of Lake Superior Chippewa, will discuss the Band’s efforts to protect natural and cultural resources on the Fond du Lac Reservation and throughout the Band’s ceded territories, including a review of the Band’s regulatory authority and its involvement in infrastructure projects, plus a focus on the cultural aspects of the environmental review process.
Kevin R. Dupuis, Chairman

9:45 a.m. – 12:00 p.m.
THE 2020 CASE LAW, REGULATORY AND LEGISLATIVE UPDATE

9:45 – 10:15 a.m.
Air and Climate Change Update
The federal government continues to propose significant rules and guidance on air quality and climate policy. Minnesota state court and administrative actions also impact state air quality practice and climate policy. This session will review those changes and discuss what may happen in 2020.
Frank L. Kohlasch

10:15 – 10:45 a.m.
Water Update
This session will consider the implications of the new Waters of the United States rule along with recent federal and Minnesota court decisions involving the Clean Water Act, Wetlands Conservation Act, the Minnesota Drainage Code and the latest developments on chloride reduction and riparian buffers.
Louis N. Smith

10:45 – 11:00 a.m.
BREAK

11:00 – 11:30 a.m.
Environmental Review and Environmental Rights Update
Environmental review, a frequent target for reform, remains a cornerstone of environmental law. This session will explore the year’s most significant judicial and regulatory developments with the National Environmental Policy Act (NEPA), Minnesota Environmental Policy Act (MEPA) and Minnesota Environmental Rights Act (MERA).
David J. Zoll

11:30 a.m. – 12:00 p.m.
CERCLA/MERLA/RCRA Update
In December 2019, the U.S. Supreme Court heard arguments on whether landowners at the Anaconda Smelter Superfund Site in Montana have a right to pursue cleanup remedies under state law above and beyond that approved by EPA under CERCLA. This session will explore the implications of that case, highlight other key CERCLA, MERLA and RCRA decisions and provide an update on developments in federal and state cleanup and waste policies during the past year.
Sara J. Peterson

12:00 – 1:00 p.m.
BREAK

A Toast to Earth Day and the Environmental, Natural Resources and Energy Law Section
Elizabeth H. Schmiesing; Course Chair

Presentation of the Distinguished Service Award
Elizabeth Henley; Chair, MSBA Environmental, Natural Resources and Energy Law Section

1:00 – 2:00 p.m.
SMALL GROUP SESSION A

101
CERCLA / MERLA Basics
An analysis of the elements and liabilities of the Comprehensive Environmental Response Compensation Liability Act (CERCLA) and its Minnesota counterpart (MERLA), along with their implications for contaminated property transfers, cleanups and emerging contaminants such as PFAS.
Lindsey A. Remakel & Jeffery A. Sepesi

102
The Intersection of Agriculture and Water: Hot Topics, Flashpoints and Regulatory Complexity
Production of agricultural resources bumps up against natural resources, particularly water. This session will analyze regulatory and other processes involving agriculture and the environment.
John C. Kolb & Elise Larson

103
An Introduction to OSHA
Learn about the Minnesota Occupational Safety and Health Act (OSHA), including procedures for conducting inspections, employer responsibilities and strategies to address compliance through injury/ illness prevention programs.
Ron C. Anderson & Eugene A. Mitchell

2:00 – 2:15 p.m.
BREAK

2:15 – 3:15 p.m.
SMALL GROUP SESSION B

201
Perspectives on Climate Change and Environmental Review
Lawyers representing three different client perspectives – government, regulated parties, and advocacy organizations – will discuss the rapidly evolving role of climate change in environmental review and how it impacts their clients.
Jocelyn Bremer, Jeremy P. Greenhouse & Amelia Vohs

202
Auditing and Self-Reporting: Protections and Potential Pitfalls of Disclosure
A discussion of MPCA and private party perspectives on completing audits and disclosing environmental violations, including how parties can avoid administrative, civil or criminal penalties or sanctions by maintaining compliance through audit and self-reporting.
Sarah Kilgriff, Joseph G. Maternowski & Dana J. Wagner

203
The Tyranny of Maps
1.0 elimination of bias credit applied for
Project maps by outside agencies can send signals about the meaning of land, unintentionally disregarding important tribal cultural issues. This session will discuss how differing perceptions of space and place impact tribal negotiations and propose strategies for responding to challenges.
Jon Berkin & Aimee R. Gourlay
Sara K. Van Norman (moderator)

3:15 – 3:30 p.m.
BREAK

3:30 – 4:30 p.m.
SMALL GROUP SESSION C 

301
The Minnesota Environmental Policy Act and The Minnesota Environmental Rights Act: Two Pillars of State Environmental Law
An overview of environmental review under Minnesota’s Environmental Policy and Environmental Rights Acts, including when review is required, what it must address and how it may be challenged, plus discussion of private rights of action under MERA and similarities/differences between the two statutes.
Richard A. Duncan & Stacey Person

302
Perspectives on Environmental Enforcement and Compliance
Perspectives on environmental enforcement and compliance differ depending on whether a person is within government, a nonprofit, a regulator or a member of the public. Hear how the MPCA Deputy Commissioner’s perspective has (and has not) changed since joining the agency.
Peter Tester & Joseph Dammel

303
What Can I Say? Doubling Down on Confidentiality
1.0 ethics credit applied for
A look at how Rules 1.6 and 1.9(c) are interpreted and what lawyers should watch for regarding confidentiality, including obligations to former clients, potential malpractice claims, loose lips, blogging and social media and more.
Eric T. Cooperstein

Free Post-Institute Webcast

Choose 1 of the following webcasts to view for free after the Institute. Instructions on how to register for free will be available to attendees during the Institute. Topics include:

Friday, September 4, 2020   |   9:00 – 10:00 a.m.
Toxicology and Epidemiology for Environmental Lawyers
An overview of key toxicology and epidemiology concepts used in evaluating exposure to environmental agents and human health effects of concern.
Sarah Kleinschmidt

Friday, September 4, 2020   |   12:00 – 1:00 p.m.
Energy Transitions under Trump: A Law and Policy Perspective
A review of recent developments in energy law, policy, economics and technology, including shifts towards natural gas and renewable energy, the use of federal public lands in achieving energy goals and state and federal climate and clean-energy policies.
Gabriel Chan & Alexandra B. Klass

Thursday, September 10, 2020   |   9:00 – 10:00 a.m.
Perspectives on Environmental Enforcement and Compliance
Perspectives on environmental enforcement and compliance differ depending on whether a person is within government, a nonprofit, a regulator or a member of the public. Hear how the MPCA Deputy Commissioner’s perspective has (and has not) changed since joining the agency.
Peter Tester & Joseph Dammel

Thursday, September 10, 2020   |   12:00 – 1:00 p.m.
Environmental Protection at the Local Level
An examination of environmental protection issues faced by local and county governments, including hazardous and solid waste, conservation easements, vapor intrusion, organic waste, invasive species, light rail and transit-oriented development.
John Ristad & Charles Salter

Thursday, September 10, 2020   |   2:00 – 3:00 p.m.
The Intersection of Agriculture and Water: Hot Topics, Flashpoints and Regulatory Complexity
Production of agricultural resources bumps up against natural resources, particularly water. This session will analyze regulatory and other processes involving agriculture and the environment.
John C. Kolb & Elise Larson

IN-PERSON LIVE PRESENTATION – NO LONGER AVAILABLE
Thursday, April 23, 2020
Thursday, August 13, 2020
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

LIVE WEBCAST
The webcast will include all plenary sessions and your choice of breakout sessions.
Thursday, August 13, 2020
Attend online

IN-PERSON REPLAYS
There are no in-person replays.

$295 MSBA members / $295 paralegals / $345 standard rate

Other discounts that may apply:

• Government, Public Institutions and Nonprofits: 
  Persons who work for these employers are eligible for a special tuition rate of $100. This rate is co-sponsored by the MSBA Environmental, Natural Resources and Energy Law Section and is limited to the first 20 qualifying applicants. This special rate is not available online. Please email customerservice@minncle.org to apply. 
• Season Pass Discount
• New Lawyer Discount

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 6.0 CLE credits, including 1.0 ethics credit for session #303 and 1.0 elimination of bias credit for session #203. The maximum number of total credits attendees may claim for this program is 6.0 credits.

All course materials will be provided electronically.

Can't attend? The electronic course materials will be available for $65 (plus tax). Purchase online after August 31, 2020.