MINNEAPOLIS
Thursday, April 18, 2024
9:00 AM - 4:55 PM | Check-In: 8:30 AM
Minnesota CLE Conference Center
600 Nicollet Mall # 370
3rd Floor, City Center
Minneapolis, MN 55402
Join Us in Celebrating 20 Years of the Minnesota Environmental Institute!
This "Event of the Year" for every Minnesota environmental attorney features essential updates, timely education and a great time with colleagues and friends! This year's highlights include:
Discounted Rate for Public Interest Attorneys!
See the “Tuition & Discounts” section below for more information.
Law Students Can Attend for Free!
See the “Tuition & Discounts” section below for more information.
Co-sponsored by Minnesota CLE and the MSBA Environmental, Natural Resources, and Energy Law Section.
8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
9:00 – 9:05 a.m.
Welcome and Introduction
– Lindsey A. Remakel, Institute Chair
9:05 – 10:05 a.m.
KEYNOTE PRESENTATION
Worldwide PFAS ‘Forever Chemicals’ Contamination
This session will provide an overview of the legal, scientific and regulatory history of the discovery of global contamination by man-made PFAS “forever chemicals” over the last several decades, along with a discussion of past and likely future efforts to address harm from this contamination by lawmakers, regulators, the courts, and beyond.
– Robert A. Bilott
10:05 – 10:15 a.m.
BREAK
10:15 a.m. – 12:25 p.m.
THE 2024 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 and state regulatory actions and litigation that will affect air quality and climate requirements in Minnesota in the years to come.
– William P. Hefner
10:45 – 11:15 a.m.
Water Update
This session will highlight recent state and federal cases involving water law. 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)
12:45 – 1:05 p.m.
Presentation of the Eldon Kaul Distinguished Service Award
– Brian Bell, Chair; MSBA Environmental, Natural Resources and Energy Law Section
1:25 – 2:25 p.m.
BREAKOUT SESSION A
101
Introduction to Rulemaking and How to Deal with Unpromulgated Rules and Guidance
This session will provide an overview of state agency rulemaking. In addition, learn how best to handle unpromulgated rules and guidance from agencies for your clients.
– Brian B. Bell
102
Building a Successful Case with Environmental Forensics
This session will discuss ways to build a successful case using environmental forensics, with a special emphasis on site history, statistical analysis, and chemical fingerprinting. Learn the key technical aspects of a strong case and how to strategically apply these elements of environmental forensics to shape your arguments. Additionally, learn tips and strategies for how lawyers and environmental scientists can work together to build cohesive and defensible narratives and achieve success for their clients.
– Rica Enriquez, Emily Frett & Joseph G. Maternowski
103
Overview of Conservation Easements and Environmental Related Land Use Restrictions
This session will discuss the rights, responsibilities, controlling laws, and potential tax benefits of conservation easements. Additionally, learn about other environmental related land use restrictions and how you can help your clients navigate those restrictions.
– Eric D. Larson, Howard Roston, Amy M. Schwarz & Aaron P. White
2:25 – 2:40 p.m.
BREAK
2:40 – 3:40 p.m.
BREAKOUT SESSION B
201
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.
– Joy Anderson
202
Overview of Carbon Markets and Offsets
This session will provide the ins and outs of voluntary carbon markets. Learn why companies are pursuing carbon credits and offsets. Additionally, hear about recent litigation and legislation around this topic.
– Michael R. Cummings & Joe Dammel
203
Environmental Justice – AI, Data and the Use of Technology
This session will discuss the new developments in artificial intelligence, data and technology and the possibilities such advancements can have for environmental justice. Learn about the new tools and updates that can help reduce disparities, provide better outcomes, and help guide policy discussions in the future.
– Bob Wenzlau
3:40 – 3:55 p.m.
BREAK
3:55 – 4:55 p.m.
BREAKOUT SESSION C
301
Citizen Suits 101: Understanding the Basics and Avoiding Pitfalls
Experienced attorneys will discuss citizen suits under federal environmental law, highlighting litigation considerations from inception to conclusion. We will explore how to initiate a citizen suit, typical pretrial defenses, discovery issues, necessary expert testimony, and the types of relief that are available to citizen plaintiffs. The panelists will provide insights from the perspective of Plaintiffs and Defendants, using real world examples to illustrate successful case strategies as well as potential pitfalls for the inexperienced.
– Jeremy P. Greenhouse & Dan Snyder
302
Your Product Has PFAS, Now What? What to Know About PFAS Bans
This session will investigate the impact of PFAS bans on products including discussing how you should work and advise clients that have PFAS in their products. Learn how to address PFAS bans and next steps for your clients.
– Jeffery Sepesi & Shalene Thomas
303
Elimination of Bias: Mapping and Acknowledging the Hidden Histories of Race and Privilege in the Twin Cities
1.0 elimination of bias credit applied for
Learn how historical practices in real estate transfers (the use of racially restrictive property deeds and covenants and redlining by federal housing administrators, loan officers and banks) in the first half of the 20th century led to racial prejudice and racial disparities that negatively impacted minorities in the Twin Cities and still resonate today. Hear about the work of the Mapping Prejudice project from the University of Minnesota in mapping these covenants. Moreover, you will learn about the Just Deeds Project, which provides free legal and title services to discharge discriminatory covenants. The Project is designed to acknowledge discriminatory housing practices and foster anti-racist action in Minnesota communities.
– Maria Cisneros & PeggySue Imihy Bean
4:55 – 5:30 p.m.
THE ANNUAL INSTITUTE RECEPTION
Join your friends and colleagues for tasty refreshments, plus in-person conversation and networking!
Plus, a Special 20th Anniversary Celebration of the Institute with fun Prize Drawings!
LIVE IN-PERSON
Thursday, April 18, 2024
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota
ONLINE REPLAY
Thursday, May 9, 2024
Attend online
Online replay includes all plenary and breakout sessions. A moderator will be available to answer questions by email.
$345 MSBA members / $345 paralegals / $395 standard rate
Other discounts that may apply:
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 elimination of bias credit for session #303. The maximum number of total credits attendees may claim for this program is 6.0 credits. Minnesota CLE is an accredited sponsor in Wisconsin and North Dakota.