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

9:00 – 9:05 a.m.
Welcome & Introduction
– Jay Eidsness, Institute Chair

9:05 – 10:05 a.m. 
KEYNOTE PRESENTATION
Environmental Advocacy in a Time of Federal Uncertainty: The Evolving Role of National NGOs
As federal environmental policy faces increasing uncertainty, national NGOs are adapting their strategies to safeguard long-term conservation goals. This session will explore how organizations like The Nature Conservancy are leading efforts to protect natural resources and advance durable policies in the face of potential federal rollbacks. Attendees will hear how nature-based solutions, such as peatlands for climate mitigation and emerging technologies like sustainable aviation fuel, are being thoughtfully integrated to support environmental protection while balancing economic and community impacts.
– Ann Mulholland

10:05 – 10:15 a.m.
BREAK

10:15 a.m. – 12:25 p.m.
The 2026 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, caselaw developments, and litigation that will affect air quality and climate requirements in Minnesota in the years to come.
– William P. Hefner & Shantal M. Pai

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.
– Jay Eidsness

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.
– Andrew W. Davis & 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
– Laura M. Matson; Chair, MSBA Environmental, Natural Resources and Energy Law Section

1:25 – 2:25 p.m.
BREAKOUT SESSION A

101
CERCLA/MERLA Basics
This session will analyze 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.
– Christopher J. Cerny & Zach Wright

102
Beyond the Basics: AI Tools for Environmental and Energy Practitioners
AI tools are rapidly changing how environmental and energy lawyers research, analyze, and manage complex matters. This session moves beyond introductory concepts to explore practical, real-world uses of platforms such as ChatGPT, Claude, Westlaw, and Microsoft Copilot. Attendees will learn best practices for improving efficiency, enhancing legal analysis, and avoiding common pitfalls while understanding how to integrate these tools responsibly into their day-to-day practice.
– Alison Marwitz, John N. Sellner & Jay Thompson

103
Data Centers and the Environment: Regulation, Transparency, and Economic Pressures
The rapid growth of data centers is raising questions about how existing law does or does not govern this new sector. This session will explore the environmental review and public transparency requirements tied to data center development, along with key municipal, water, and energy considerations. Attendees will examine how state and local communities are grappling with data center expansion, lessons learned to date, recent legislative changes, and potential policy and legal strategies for managing environmental and transparency concerns while balancing economic development.
– Kathryn M. Hoffman & Sam Ketchum

2:25 – 2:40 p.m.
BREAK

2:40 – 3:40 p.m.
BREAKOUT SESSION B

201
Rulemaking Basics at the State and Federal Level
This session provides an overview of state and federal agency rulemaking and examines the practical challenges of navigating both formal regulations and informal agency guidance. Attendees will learn strategies for advising clients on unpromulgated rules, as well as approaches for achieving favorable rulemaking and permitting outcomes for their clients.
– Jenny Starr & Amy Wildermuth

202
MERLA Case Study: Liability, Cleanup, and Private Cost Recovery
This session uses a published Minnesota Court of Appeals decision to examine the practical operation of MERLA from contamination discovery through cleanup, trial, and appeal. The case study highlights how MERLA functions with regulatory oversight, and why private enforcement remains a key component of MERLA’s remedial framework. Learn about core statutory and evidentiary issues, the limits of MERLA’s agricultural exception, personal and corporate liability, cleanup obligations, response costs, diminution in value, roles of private consultants, attorney’s fees and so much more!
– William M. Florek & Joseph G. Maternowski

203
Hot Issues in PFAS Regulation: A Minnesota Update
PFAS regulation continues to evolve rapidly in Minnesota, creating new compliance and risk considerations for businesses, municipalities, and practitioners. This session will cover some of the most pressing PFAS-related issues, including regulatory developments, stormwater and biosolids management, product reporting obligations, and environmental due diligence. Attendees will gain practical insight into where Minnesota stands today, how state requirements intersect with federal actions, and what to watch for as PFAS regulation continues to expand.
– Kirk Koudelka

3:40 – 3:55 p.m.
BREAK

3:55 – 4:55 p.m.
BREAKOUT SESSION C

301
Chemical Regulation 101: Understanding TSCA, Product Bans, and Emerging Regulatory Trends
This session provides a practical overview of the basics of chemical regulation under the Toxic Substances Control Act (TSCA). Attendees will learn how TSCA governs chemical evaluation, restrictions, and product bans, and how evolving regulations in other jurisdictions are shaping compliance obligations. The program will also highlight emerging trends in chemical regulation and what practitioners need to know to advise clients operating in an increasingly complex regulatory environment.
– Jonathan Gerber, Michelle Morlan & Katherine A. Roek

302
Microplastics Fact vs. Fiction – What We Know, What We Don’t, and Why It Matters
Microplastics have become a growing focus of scientific research, regulatory attention, and public concern but much about them remains uncertain. This session will separate fact from fiction by examining what science currently tells us about the sources, behavior, and potential impacts of microplastics, as well as the gaps that still exist in our understanding. Attendees will gain a clearer, science-based foundation to inform legal, regulatory, and policy discussions surrounding this emerging issue.
– Rica Enriquez, Mary Kosuth & Shantal M. Pai

303
Inside Environmental Enforcement: Perspectives from Regulators and the Regulated
This session brings together multiple perspectives to examine how environmental enforcement unfolds in practice in Minnesota. Learn how agencies investigate permit violations, how regulated entities respond to enforcement actions, and the role of regulators and advocates in shaping outcomes. The discussion will provide practical insights into enforcement trends, compliance strategies, and the collaborative dynamics that influence environmental enforcement decisions.
– Brian B. Bell & Colin P. O’Donovan

4:55 – 5:30 p.m.
The Annual Institute Reception – Food! Fun! Prizes!
Join your friends and colleagues for tasty refreshments, plus in-person conversation and networking, and fun Prize Drawings!

LIVE IN-PERSON
Tuesday, April 14, 2026
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

ONLINE REPLAY
Thursday, May 14, 2026
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:

• 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 $125. 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.
• Judicial Clerks and Legal Aid Attorneys Discount
  Judicial clerks and legal aid attorneys are eligible for a 50% discount. An option for this discount will be available during the checkout process.
• 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 standard CLE credits. 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.