8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST

9:00 – 9:05 a.m.
Welcome & Introduction
– Joe Dammel, Institute Chair

9:05 – 10:05 a.m. 
50 Years of MEPA – A Look Back at How Far We Have Come and Where We Can Go from Here
This session will reflect on the past 50 years of the Minnesota Environmental Policy Act along with the accompanying regulations. Hear from Charles Dayton and John Herman, two legends of environmental law in Minnesota and architects of MEPA, discuss (1) what MEPA has accomplished and where it has fallen short; (2) The EAW: its concept vs. its use; (3) the consideration of alternatives under the substantive standards of MERA and MEPA; (4) the failures of the current process to require analysis of alternatives; and (5) the role of the EQB and the EIS process. Additionally, hear about what new developments might happen in the MEPA framework and the implications of law in the future.
– Charles Dayton & John Herman

10:05 – 10:15 a.m.
BREAK

10:15 a.m. – 12:25 p.m.
THE 2023 CASE LAW, REGULATORY AND LEGISLATIVE UPDATES

10:15 – 10:45 a.m.
Air and Climate Change Update
This session will provide an overview of federal regulatory actions and litigation that continues to shape air quality regulation and climate action for Minnesota and other states. In addition, learn how Minnesota state court and administrative actions continue to impact state air quality practice and climate policy.
– Frank L. Kohlasch

10:45 – 11:15 a.m.
Water Update
This session will highlight recent state and federal cases involving water law, including the Clean Water Act, Public Waters law, and the Drainage Code. It will also cover regulatory developments in water law and highlight potential legal changes in the year ahead.
– Leigh K. Currie

11:15 – 11:25 a.m.
BREAK

11:25 – 11:55 a.m.
Environmental Review and Environmental Rights Update
Environmental review remains a cornerstone of environmental law both federally and nationally. 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

11:55 a.m. – 12:25 p.m.
CERCLA/MERLA/RCRA Update
This session will highlight key CERCLA, MERLA and RCRA decisions and provide an update on developments in federal and state cleanup and waste policies during the past year.
– Lindsey A. Remakel

12:25 – 1:25 p.m.
LUNCH (provided)

12:40 – 12:55 p.m.
Presentation of the Eldon Kaul Distinguished Service Award
– Judge Elise L. Larson, Chair, MSBA Environmental, Natural Resources and Energy Law Section

12:55 – 1:25 p.m.
Getting to Know the Environmental Bar
Connect with the Institute Planners, Speakers, and Other Environmental Attorneys

1:25 – 2:25 p.m.
BREAKOUT SESSION A

101
Water and Wetland Basics
This session will provide an overview and update of the main wetland and water quality regulations administered in Minnesota, including the National Pollutant Discharge Elimination System permit and state disposal system permit programs, total maximum daily loads, section 401 and 404 regulations under the federal Clean Water Act, Minnesota groundwater quality requirements, antidegradation and antibacksliding, the Minnesota Wetland Conservation Act, and the Public Waters Work Permit program.
– Jeremy P. Greenhouse

102
Cyber Threats and Accounting for Digital Risk
No industry or sector is immune to the ever-growing impact of cyber threats. From the proliferation of ransomware attacks to the dangers of social engineering in undermining even the best security measures, cyber-attacks against critical infrastructure carry the risk of catastrophic damages. In this session, Mark Lanterman will discuss cyber threats affecting the environmental industry as well as practical suggestions to balance security needs with the conveniences afforded by technology.
– Mark Lanterman

103
Ethics and ChatGPT: Your New BFF or the End of Lawyering?
1.0 ethics credit applied for
New tech tools bring new challenges for lawyers. This session will explore some of the buzz around ChatGPT, lawyer competency, the unauthorized practice of law, and the future of lawyering.
– Eric T. Cooperstein

2:25 – 2:40 p.m.
BREAK

2:40 – 3:40 p.m.
BREAKOUT SESSION B

201
Release Reporting Basics
This session will provide an overview of the overlapping patchwork of Minnesota and federal laws governing the reporting of releases of hazardous substances. Additionally, the session will explore the broad definition of “release” and stringent requirements for the immediate reporting of releases.
– Brian B. Bell & Mike Norton

202
Emerging Issues in Environmental Justice
This session will identify and discuss tools to advance environmental justice, and how agencies and governments are pursuing environmental justice initiatives to help ensure all Minnesotans have access to healthy air, clean water, and sustainable lives.
– Nick Leonard & Helen R. Waquiu
– Stephanie L. Fitzgerald (moderator)

203
Don’t Wait till the Last Minute – Why Real Estate, M&A, and Energy Lawyers Need to Call Their Environmental Lawyers
Join this panel of experts discuss the importance of reaching out to an environmental attorney. Hear best practices of how they collaborate across legal disciplines and how they work to get the best outcome on their projects and for their clients.
– Steven P. Katkov, Kiel C. McElveen & Sarah Johnson Phillips
– Sarah M. Lovegreen (moderator)

3:40 – 3:55 p.m.
BREAK

3:55 – 4:55 p.m.
BREAKOUT SESSION C

301
Life Cycle of Permitting
This session will cover the various stages of an environmental permit. Learn the ins and outs of a permit, the sticky points, and best practices when trying to seek a permit.
– Adam Driscoll, Sarah Remer & Sarah Schweiger
– Sam Ketchum (moderator)

302
Environmental Investigations for Lawyers
This session will provide an overview of environmental investigations. Learn the stages and process of the investigation, the implications of test results which exceed standards, and considerations in developing cleanup and mitigation strategies. This session will also touch on the lawyer’s role in such investigations, and legal implications.
– Kaitlin T. Ouverson, Calista Timmerman & Narayanan Raghupathi
– Kodi J. Verhalen (moderator)

303
Climate Change and Environmental Review
This session will provide an update on how climate change is being addressed during the environmental review process with a focus on the new climate analysis questions recently added to Minnesota’s EAW form.
– Louise Miltich & Amelia J. Vohs

4:55 – 5:30 p.m.
THE ANNUAL INSTITUTE RECEPTION
Join your friends and colleagues for tasty refreshments, plus in-person conversation and networking!
Sponsored by Cozen O'Connor

LIVE IN-PERSON
Thursday, April 20, 2023
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

ONLINE REPLAY
Thursday, May 11, 2023
Attend online
Online replay includes all plenary and breakout sessions. A moderator will be available to answer questions by email.

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

Other discounts that may apply:

• Discounted Rate for Public Interest Attorneys:
  Persons who work for the government, public institutions or nonprofit organizations are eligible for a discounted tuition rate of $100. This special tuition rate is co-sponsored by the MSBA Environmental, Natural Resources and Energy Law Section and is limited to the first 25 qualifying applicants. Please email customerservice@minncle.org or call 800-759-8840 to apply.
• Law Students can attend this program for free.
  Please email customerservice@minncle.org or call 800-759-8840 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 #103. The maximum number of total credits attendees may claim for this program is 6.0 credits.