8:10 – 8:40 a.m.
JOIN ONLINE

8:40 – 8:45 a.m.
Welcome and Introductory Comments
– Joseph Dammel, Institute Chair

8:45 – 9:45 a.m.
Environmental Protection Agency Priorities and Actions
Join EPA Region 5 Administrator Debra Shore for a presentation on the Agency’s current priorities, including advancing environmental justice and civil rights, tackling the climate crisis, restoring the Great Lakes, and investing in infrastructure.
– Debra Shore

9:45 – 9:50 a.m.
BREAK

9:50 a.m. – 12:00 p.m.
THE 2022 CASE LAW, REGULATORY AND LEGISLATIVE UPDATES

9:50 – 10:20 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

10:20 – 10:50 a.m.
Water Update
This session will highlight recent state and federal cases involving water law, including the Clean Water Act, Wetland Conservation Act, state 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.
– Elise Larson

10:50 – 11:00 a.m.
BREAK

11:00 – 11:30 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

11:30 a.m. – 12:00 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.
– Sara J. Peterson

12:00 – 1:00 p.m.
LUNCH BREAK

12:00 – 12:20 p.m.
Presentation of the Eldon Kaul Distinguished Service Award
– Alison Marwitz, Chair, MSBA Environmental, Natural Resources and Energy Law Section

1:00 – 2:00 p.m.
BREAKOUT SESSION A

101
Learn the Basics About the Resource Conservation and Recovery Act (RCRA)
This session will provide an overview of what RCRA is, how its implemented at the federal and state levels, and what major issues come about under the regulatory framework. In addition, hear about recent federal and Minnesota court cases involving the RCRA, regulatory updates, and what significant changes may take place in the year ahead.
– Sarah (Braman) Lovegreen

102
Climate Change Litigation: Focus on Deceptive Marketing
This session will discuss the variety of recent state and local cases asserting customer protection causes of action, alleging that fossil fuel marketers engaged in deceptive conduct.
– Patrick Parenteau, Karen Sokol & Peter Surdo

103
Water Science for Lawyers: Wetlands, Groundwater, Surface Water, and Watersheds
This session will provide an overview of the intersection of science and the environment when it comes to wetlands, groundwater, surface water, and watersheds. Learn the scientific terminology, the environmental issues, and how best scientists and environmental lawyers can work together.
– Leah Hall, Michael Rask, Roxy Robertson & Eric Tollefsrud
– Paul Brookner (moderator)

2:00 – 2:10 p.m.
BREAK

2:10 – 3:10 p.m.
BREAKOUT SESSION B

201
Overview of Air Laws and Regulations
This session will provide an overview of the federal and Minnesota state laws and regulations related to air. Learn the basics about the Clean Air Act, the purpose, goal, and regulatory framework of the Act. Understand the role of the Environmental Protection Agency under the Act, regulations the Agency has passed, and the role of states in implementation.  The session also will explain how regulation of greenhouse gas emissions fits into this structure.
– Jon Bloomberg

202
Environmental Social Governance: What is ESG and Why Should I Care?
Environmental social governance and climate change have gained traction among companies, investors, and regulators. Learn what ESG is, why you and your company should care about it, and how to come up with an effective ESG policy for your business.
– Laura Bishop, Katherine A. Roek & Joby Gaudet
– Alison Marwitz (moderator)

203
Do You Have Boundary Issues? The Changing Landscape of Multi-Jurisdictional Practice
1.0 ethics credit applied for
Attorneys who represent clients in other jurisdictions have to be careful not to cross the line into the unauthorized practice of law. The good news is that a few restrictions have eased during the pandemic. This seminar will provide a map that lawyers can use to avoid crossing into dangerous ethical territory.
– Eric T. Cooperstein

3:10 – 3:20 p.m.
BREAK

3:20 – 4:20 p.m.
BREAKOUT SESSION C

301
Beyond the Basics: Environmental Issues in Business and Real Property Transactions
This session will go “beyond the basics” to focus on special circumstances that can arise in due diligence or allocation of environmental liability or risk in the deal context, including specialized financing requirements and emerging contaminants issues. We will also discuss how and where environmental issues can show up in deal documents and how environmental insurance can be used as a risk allocation and management tool.
– Lindsey A. Remakel & Elizabeth H. Schmiesing

302
Law and Policy at the Intersection of Drainage, Agriculture and Water Quality
Learn from experts in the legal and water resources fields about the issues that emerge where water, drainage, and agriculture intersect. This panel will provide both a legal and a hands-on perspective on how Minnesota is balancing the needs and impacts of drainage with the concerns and policies aimed at safeguarding water quality.
– Jamie Beyer, Chuck Brandel, Robert L. Sip & Aaron White
– Louis Smith (moderator)

303
What to Know About Environmental Justice When It Comes to Infrastructure or Construction Projects
This session will discuss environmental policies and practices that differentially affect or disadvantage communities based on race, and the many steps where environmental factors come into play during the planning of a construction project. Learn about permits, reviews, zoning, request for engagement, public hearings, and conditions after approval.
– Maria Cisneros, Ethan Kehrberg & Arielle V. King
– Evan J. Mulholland (moderator)

LIVE SIMULCAST
Thursday, April 14, 2022
Attend online

$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 nonprofits are eligible for discounted tuition 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. 
• 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 #203. The maximum number of total credits attendees may claim for this program is 6.0 credits.