39th Annual

Conference on
Environmental
Law

March 18–21, 2010

The Grand America • Salt Lake City, Utah
39th Annual
Conference on
Environmental Law
March 18–21, 2010 • Salt Lake City, Utah
About the Conference
This is the nation’s leading environmental law conference during a period of dramatic
change as the Obama Administration puts its imprint on the nation’s environmental
laws. Change is also in the air for the Section of Environment, Energy, and Resources
as we move from 35 years at the Keystone Resort to our first time ever at The Grand
America in Salt Lake City, Utah. Cutting edge sessions will include: climate change—
reporting from Copenhagen and beyond, as well as the nuts and bolts of the new
mandatory GHG reporting rule; the future of civil and criminal enforcement;
fostering the new green energy grid; and overhaul of TSCA; as well as developments
in clean air, clean water, oceans, brownfields, Superfund, international environmental
law, species protection and public lands, and environmental justice. Senior officials
from the Environmental Protection Agency, the Department of Justice, state and local
governments, as well as non-governmental organizations, corporate counsel, and
private practitioners will present these topics. Our ethics panel will focus on potential
traps for lawyers in the use of blogs, Facebook, Twitter, and other networking sites.

Bring your Family to Salt Lake City!

Salt Lake City offers world class downhill and cross country skiing at nearby resorts, and you
can even try bobsledding, snowmobiling, snowshoeing, or ice skating! And if you’re not a skier,
The Grand America is in walking distance of great shopping and restaurants. Saturday afternoon,
we will provide transportation to Park City, a destination for all, with shopping, skiing, and more!
For the latest details regarding outdoor sports activities, ski passes, and transportation, please
visit http://www.abanet.org/environ/envlaw/2010/. We will also offer for the first time, a public
service project planting trees in a nature preserve near the city. Friends and families are
welcome to attend the evening receptions and Friday’s Section Dinner (ticketed).
 Program Chair
David M. Friedland
2010 Annual Beveridge & Diamond P.C.
Washington, DC
Section Sponsor
Planning Committee
Martin K. Banks
Stoel Rives LLP
Salt Lake City, UT
Brian W. Curtis
Chevron
Double Diamond Sponsor San Ramon, CA
Michelle Diffenderfer
Program Chair 2012
Lewis, Longman & Walker, P.A.
West Palm Beach, FL

Pamela R. Esterman
Black Diamond Sponsors Sive Paget & Riesel
New York, NY

Craig D. Galli
Holland and Hart LLP
Salt Lake City, UT

Jocelyn Gabrynowicz-Hill
McCarter & English LLP
Philadelphia, PA

James E. Hickey, Jr.

Hofstra University School of Law
Hempstead, NY

Jonathan W. Kahn
Program Chair 2011
Blake, Cassels & Graydon LLP
ON, Canada

Kimberly Katzenbarger
District of Columbia,
Department of the Environment
Washington, DC
Mary Kay Lynch
Office of General Counsel
U.S. Environmental Protection Agency
Washington, DC

Stacey H. Mitchell
Environmental Crimes Section
U.S. Department of Justice
Washington, DC

Jennifer Morris
Chief Environmental Counsel
Hewlett- Packard Company
Palo Alto, CA

Ryan C. Seiger
Staff Director/Senior Counsel
Subcommittee on
Water Resources and Environment
Committee on
Transportation and Infrastructure
Washington, DC
Michael Wall
Natural Resources Defense Council
San Francisco, CA
2010 Conference
Thursday, March 18, 2010
10:00 a.m. Registration Opens

2:00 p.m.–2:15 p.m. Welcome and Opening Remarks

SPEAKERS:
John C. Cruden, Deputy Assistant Attorney General, Environment
and Natural Resources Division, U.S. Department of Justice,
Washington, DC
David M. Friedland, Program Chair, Beveridge & Diamond P.C.,
Washington, DC

Greg Bell
Greg Bell, Lieutenant Governor, Salt Lake City, UT

2:15 p.m.–3:15 p.m. Keynote Address

(to be announced)

3:15 p.m.–3:30 p.m. Networking Break

3:30 p.m.–4:45 p.m. Climate Change:

Report from Copenhagen and Beyond
In 2009, the Executive and Legislative branches of the U.S.
government have acted to raise the prospect for a major shift
in domestic climate change policy. The Obama Administration
has proposed greenhouse gas standards under the Clean Air
Act. In addition, both chambers of Congress are working on
legislation to reduce greenhouse gas emissions. These actions
will profoundly impact all sectors of the economy, and have
considerable international ramifications, as countries around
the world prepare to attend the next round of international
climate change negotiations in Copenhagen. Speakers for this
session will include senior Congressional and Administration
policy staff, representatives of industry and offset market
sectors, and other stakeholders.
SPEAKERS:
Greg Dotson, Chief Counsel, Energy and Environment Subcommittee,
House Energy and Commerce Committee, Washington, DC
Manik Roy, Vice President, Federal Government Outreach, Pew Center
on Global Climate Change, Arlington, VA
Richard M. Saines, Baker & McKenzie LLP, Chicago, IL
Walker B. Smith, Director, Office of Global Affairs and Policy,
Office of International Affairs, U.S. Environmental Protection Agency,
Washington, DC

4:45 p.m.–6:30 p.m. Technical Roundtables

• Exponent—Endangered Species: Chemicals, Places,
and Climate Change
• Irbaris LLP—Beyond Footprinting: Managing the Value
Impact of Carbon and Climate Change
• Marsh USA, Inc.—Addressing Environmental Liabilities
in a Greener, but Meaner Economy
• Quest Consulting, Inc.—How to Relate Forensics to EcoRisk,
Applying Forensic Science Instead of Mathematics
• Weston Solutions, Inc.—Practical Implementation Guidelines
for the GHG Mandatory Reporting Rule and the Role of
Renewable Energy

6:30 p.m.–7:30 p.m. Welcome Reception (cash bar)

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Schedule
Friday, March 19, 2010
7:00 a.m. Continental Breakfast

8:00 a.m.–8:10 a.m. Opening Remarks

David M. Friedland, Program Chair, Beveridge & Diamond P.C., Washington, DC

8:10 a.m.–10:00 a.m. The New Grid: How to Build and Pay for It
The existing electric grid is overloaded in key stretches and
antiquated and out of sync with modern information systems.
Some cost estimates for completing the regeneration of the
American grid exceed 50 billion dollars. Like many great and
popular concepts, there are challenging complexities and barriers to
the actual investment in and construction of such a huge initiative.
The New Grid includes a “Smart Grid,” a popular concept on the
lips of politicians, regulators, high-tech players, environmental
organizations, consumers, and electric generators. The Obama
Administration favors implementation of policies, funding, and
support for the New Grid as part of the solution to economic
stagnation and environmental/greenhouse gas emissions problems.
But the questions of who will pay, when will they pay, and how the
benefits of a New Grid will flow are at the core of this dream. The
siting, authorization, and cost allocation process will be daunting.
MODERATOR:
Sheila Slocum Hollis, Duane Morris LLP, Washington, DC
SPEAKERS:
Denise Bodie, President, American Wind Energy Association, Washington, DC
Ted Boyer, Chairman, Utah Public Service Commission, Salt Lake City, UT
James P. Fama, Executive Director, Energy Delivery, Edison Electric Institute,
Washington, DC
Marc Spitzer, Commissioner, Federal Energy Regulatory Commission (FERC),
Washington, DC

10:00 a.m.–10:30 a.m. Networking Break

10:30 a.m.–12:00 p.m. Concurrent Breakout Sessions

10:30 a.m.–12:00 p.m. Carbon Accounting and

EPA’s Mandatory GHG Reporting Rule
EPA will, for the first time, require large emitters of greenhouse
gas (GHG) emissions to file reports for the year 2010 and thereafter
under a new reporting program. This new program will cover
approximately 85 percent of the nation’s GHG emissions and
apply to roughly 10,000 facilities. Panelists for this breakout
session will address both the “nuts and bolts” practical issues
relating to applicability, electronic monitoring, enforcement
and the like that have arisen in implementation of the program,
as well as the strategic issues and opportunities presented by
these public regulations, greenhouse gas profiles.
MODERATOR:
David Winfrey, McAfee & Taft, A Professional Corporation, Oklahoma, OK
SPEAKERS:
Kyle L. Davis, Director of Environmental Policy & Strategy, PacifiCorp,
Portland, OR
Nancy Ketcham-Colwill, U.S. Environmental Protection Agency,
Washington, DC
Robert J. Martineau, Jr., Waller Lansden Dortch & Davis, LLP, Nashville, TN
Chris Moore, Alcoa Inc., Alcoa, TN

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2010 Conference
10:30 a.m.–12:00 p.m. Water Issues in an Evolving Legal Climate
Notwithstanding legislative efforts to change (or restore)
the geographic scope of the Clean Water Act, the Obama
Administration’s legacy in the area of water will depend
largely on its ability to adapt decades old programs to new
circumstances. This panel will discuss a range of water issues
currently in flux—the effects of climate change policy and
regulation on water quality and quantity; water resource issues,
including water supply, in the greater context of climate change;
sustainable development and smart growth; judicial decisions
requiring NPDES permitting for vessel discharges and pesticide
application; and conflicts arising between land owners and
federal agencies over Clean Water Act Section 404 jurisdiction.
MODERATOR:
Amy J. Wildermuth, Professor of Law, University of Utah, Salt Lake City, UT
SPEAKERS:
Tara W. Duhy, Lewis, Longman & Walker, P.A., West Palm Beach, FL
Philip Mancusi-Ungaro, Office of Water Legal Support, U.S. Environmental
Protection Agency, Region 4, Atlanta, GA
Ellen Steen, Crowell & Moring LLP, Washington, DC
Allison Wiedeman, Rural Branch Chief, Office of Water, Water Permits
Division, U.S. Environmental Protection Agency, Washington, DC

10:30 a.m.–12:00 p.m. The Supreme Court:

Will Ecosystem Restoration Inflame
the Debate Over Property “Takings”?
The Roberts Court will be deciding whether an environmental
agency’s efforts to restore sand to hurricane ravaged beaches in
the Florida panhandle constitutes a Fifth Amendment taking of
private beachfront rights. In Stop the Beach Renourishment v. Florida
Department of Environmental Protection, No. 08-1511, advocates claim
the Florida Supreme Court’s decision upholding the ecosystem
restoration constitutes a form of “judicial takings” that must be
overturned. Stop the Beach is the first Fifth Amendment Takings
case to be decided by the Roberts Court, and the first takings
case since the inflammatory decision in Kelo v. New London.
Litigators on both sides of the case will discuss the Supreme
Court argument and anticipated decision both in terms of its
impact on environmental restoration activities and on potential
review of state court judicial decisions. Panel members will also
discuss other takings cases involving ecosystem restoration and
endangered species protection in the lower courts, particularly
the decision of the Court of Appeals for the Federal Circuit in
Casitas Municipal Water District v. U.S., 543 F.3d 1276, rehearing
denied, 556 F.3d 1329 (2009).
MODERATOR:
Monica K. Reimer, Earthjustice, Tallahassee, FL
SPEAKERS:
John C. Cruden, Deputy Assistant Attorney General, Environment and
Natural Resources Division, U.S. Department of Justice, Washington, DC
Roger Marzulla, Marzulla Law, Washington, DC
D. Kent Safriet, Hopping Green & Sams, P.A., Tallahassee, FL

10:30 a.m.–12:00 p.m. The Chemical-Regulatory Reform

Freight Train—All Aboard!
The chemical regulatory reform movement in the U.S. has picked
up a head of steam, fueled in equal parts by: (a) the Democratic
Party gaining control of the White House and Congress; (b) the
desire by some to emulate the European Union’s REACH program;

6
Schedule
and (c) states feeling empowered by the enactment of green-
chemistry laws and other requirements. Non-governmental
organizations are feeding the fire based on their disagreement
with the previous Administration’s preference for “voluntary
initiatives” in lieu of regulatory controls. Consumer awareness
of the presence of specific chemicals of concern in commercial
products has added momentum. To address these issues, observers
in Washington predict that Congress will attempt an overhaul of
the 30-year-old Toxic Substances Control Act (TSCA). By the time
our March 2010 meeting, it is possible that a bill will be in play
and hearings in the works and our panelists will provide insights
on the likely shape of any such chemical regulatory reform.
MODERATOR:
Lawrence E. Culleen, Arnold & Porter, Former Chief of EPA’s TSCA New
Chemicals Branch, Washington, DC
SPEAKERS:
Charles M. Auer, President, Charles Auer & Associates, LLC, Poolesville, MD
Wendy Cleland-Hamnett, Acting Director, Office of Pollution Prevention
and Toxics, U.S. Environmental Protection Agency, Washington, DC
Eileen Moyer, Director of Regulatory Relations, Reckitt Benckiser Inc.,
Parsippany, NJ
Erik D. Olson, Director, Food & Consumer Product Safety, The PEW Health
Group, Washington, DC

12:00 p.m.–12:30 p.m. Lunch

12:30 p.m.–1:30 p.m. Keynote Address:

The Obama EPA Agenda:
Priorities and Perspective
Scott Fulton, General Counsel, U.S. Environmental Protection Agency,
Washington, DC

1:30 p.m.–3:00 p.m. A Year’s Full Measure:

Enforcement In the Obama Administration
After a full year in office, what progress has the Obama
Administration made toward its enforcement goals? Panelists
will discuss the enforcement implications of EPA’s impending
climate change related regulatory mandates; federal and state
criminal enforcement initiatives, including the effect of EPA’s new
enforcement priorities for 2010-2013; Administration ambitions
for Clean Air Act strategic enforcement, including enforcement
activity against power plants for PSD and NSR violations and
initiatives in the cement and glass industries; recent U.S. Supreme
Court and circuit court decisions on perennial enforcement
concerns such as the continuing struggle to clarify the scope of
federal authority under the Clean Water Act and the commerce
clause; and tensions in federal-state enforcement relationships
as EPA and DOJ pursue Administration enforcement goals.
MODERATOR:
Ronald J. Tenpas, Former Assistant Attorney General, Environment
and Natural Resources Division, U.S. Department of Justice, Morgan Lewis
& Bockius LLP, Washington, DC
SPEAKERS:
Robert W. Johnson, Chief Attorney, Environmental and Safety, ExxonMobil
Production Company, Houston, TX
Catherine McCabe, Principal Deputy Assistant Administrator, Office
of Enforcement and Compliance Assurance, U.S. Environmental Protection
Agency, Washington, DC
The Honorable Ignacia S. Moreno, Assistant Attorney General,
Environment and Natural Resources Division, U.S. Department of Justice,
Washington, DC

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2010 Conference
3:00 p.m.–3:30 p.m. Networking Break

3:30 p.m.–5:00 p.m. Concurrent Breakout Sessions

3:30 p.m.–5:00 p.m. Public Lands—Hot Topics Involving

ESA, NEPA and Wilderness Protection:
Have We Seen the End of New Natural
Resources Projects in the West?
Even before the Obama administration took office, the energy
sector met resistance from the environmental community and
government regulators over the permitting and development
of new and expanded oil/gas, renewable energy, transmission
line, and pipeline projects as well as the issuance of new oil/gas
and geothermal leases. Today developing energy projects and
acquiring new leases appears even more challenging given
recent developments under the Endangered Species Act,
resource management planning under the National
Environmental Policy Act, and efforts to identify and
protect wilderness characteristics. Panelists will explore
the ramifications on future energy projects of efforts to
protect the sage grouse and other species which may
be or have been listed under the ESA.
MODERATOR:
Craig D. Galli, Holland & Hart LLP, Salt Lake City, UT
SPEAKERS:
Steven W. Black, Counselor to the Secretary, U.S. Department of the
Interior, Washington, DC
Heidi McIntosh, Associate Director, Southern Utah Wilderness Alliance
(SUWA), Salt Lake City, UT
Craig V. Richardson, Vice President and General Counsel, El Paso Western
Pipelines, Colorado Springs, CO

3:30 p.m.–5:00 p.m. Preparing for Emerging Developments

in International Treaties and Cross
Border Regulations
With increased focus by the Obama Administration, the
European Union, and developing nations on environmental
issues that cross borders—and the treaties to address them,
there are several significant international environmental law
developments that will impact U.S. interests including U.S.-based
companies doing business abroad. This moderated discussion will
provide an overview of the state of play of several international
environmental issues reaching critical points for U.S. interests,
such as biotechnology, pesticides and industrial chemicals,
mercury, and electronic waste, as well as the international
forum in which these issues arise.
MODERATOR:
Steve Wolfson, Office of General Counsel, U.S. Environmental Protection
Agency, Washington, DC
SPEAKERS:
Carlos B. de Miguel, Uría Menéndez, Madrid, Spain
Amy Fraenkel, United Nations Environment Program, Regional Office
for North America, Washington, DC
Paul Hagen, Beveridge & Diamond P.C., Washington, DC
The Honorable Ignacia S. Moreno, Assistant Attorney General,
Environment and Natural Resources Division, U.S. Department of Justice,
Washington, DC

8
Schedule
3:30 p.m.–5:00 p.m. The New NOAA:
Is a New Oceans Policy in Sight?
Since 2003 and 2004, when the Pew Oceans Commission and
the U.S. Commission on Ocean Policy issued their reports on
U.S. ocean law and policy, it has been clear that substantial
and comprehensive changes are needed if the U.S. is to achieve
sustainable development of its ocean and coastal resources,
especially with the relatively new problems of climate change
and ocean acidification. In 2009, President Obama appointed
marine biologist and Professor of Zoology Jane Lubchenco as
the new Administrator of NOAA. Soon thereafter, the North
Pacific Fisheries Management Council and NOAA closed new
areas opening up in the Arctic because of melting sea ice to
commercial fishing, citing the need for a precautionary approach
and additional information, and suggesting that there is indeed
a “new NOAA.” Among the topics to be discussed by this panel
are statutory and regulatory reform, fisheries management in a
world of climate change, marine protected areas and ecosystem
management, and issues in achieving sustainable development
in light of other national priorities, such as energy policy and
national security.
MODERATOR:
Francine M. Ffolkes, Florida Department of Environmental Protection,
Tallahassee, FL
SPEAKERS:
Donna Christie, Associate Dean for International Programs & Elizabeth
C. & Clyde W. Atkinson Professor of Law, Florida State University College
of Law, Tallahassee, FL
Margaret A. Davidson, Director, NOAA Coastal Services Centers,
Charleston, SC
Monica Goldberg, Senior Attorney, Ocean Conservancy, Washington, DC

3:30 p.m.–5:00 p.m. Superfund After Burlington Northern:

How Has CERCLA Practice Changed?
Almost a year has passed since the Supreme Court’s decision in
Burlington Northern & Santa Fe Railway Co. v. United States (“BNSF”).
Some have characterized the decision as a “game changer” in
Superfund practice. Others have argued that it will largely be
limited to its facts. In BNSF, the Supreme Court held that: (1) EPA
cannot hold parties liable under CERCLA as having “arranged for
disposal” unless they “intended” for their wastes to be disposed
of; and (2) that liable parties in a multi-party Superfund site can
defeat the application of joint and several liability if there exists
a “reasonable basis” to apportion liability. In this session, three
prominent environmental lawyers will discuss the practical
implications of the BNSF decision on Superfund practice in
light of the position of the government and case law
developments since the BNSF decision.
MODERATOR:
Theodore L. Garrett, Covington & Burling LLP, Washington, DC
SPEAKERS:
Karl S. Bourdeau, Beveridge & Diamond P.C., Washington, DC
Bruce S. Gelber, Chief, Environmental Enforcement Section,
Environment and Natural Resources Division, U.S. Department
of Justice, Washington, DC
Stephen McKae, Wendel, Rosen, Black & Dean LLP, Oakland, CA

5:00 p.m.–6:00 p.m. Section Committee Chairs Meeting

9
2010 Conference
6:00 p.m.–7:00 p.m. Committee Roundtable Meetings

7:00 p.m.–8:00 p.m. Reception (cash bar)

8:00 p.m.–10:00 p.m. Section Dinner (ticketed)

Opening Remarks:
Ralph Becker, Mayor, Salt Lake City, UT

Special Presentation:
“The Top of the World”
by Apa Sherpa
Ralph Becker Apa Sherpa is the only man in
history to reach the top of the
world 19 times. As the world record
holder of the most summits of
Everest, Apa is widely recognized
to be one of the greatest living
mountaineers. Join us for dinner
and a compelling story. Apa Sherpa

Saturday, March 20, 2010

7:00 a.m. Continental Breakfast

8:00 a.m.–8:10 a.m. Opening Remarks

Jonathan K. Kahn, Program Chair 2011, Blake, Cassels, Graydon LLP,
ON, Canada

8:10 a.m.–10:00 a.m. The Obama Clean Air Act

Agenda at Year One
After one year, new EPA leadership has taken significant steps
toward defining an entirely new clean air agenda that departs
radically from the Bush Administration, which was defined by
its “Clear Skies Initiative” and approach to voluntary climate
change. The Obama Administration has reversed key Bush
Administration policies regarding climate change, mercury,
and the process for establishing the NAAQS, while charging
forward with a greenhouse gas endangerment finding, GHG
regulations for new light duty vehicles, a PSD “Tailoring Rule,”
novel approaches to address interstate air pollution, and clean
air enforcement. Panelists will analyze the next steps in the
Obama Administration’s ambitious air agenda through new
rulemakings and court actions, and its efforts to chart a
course for how to achieve its policy goals during the
remaining years of the Administration.
MODERATOR:
Roger R. Martella, Jr., Sidley Austin LLP, Washington, DC
SPEAKERS:
Scott Fulton, General Counsel, U.S. Environmental Protection Agency,
Washington, DC
Robert Meyers, Crowell and Moring LLP, Washington, DC
Vickie Patton, Deputy General Counsel, Environmental Defense Fund,
Boulder, CO
Representative from a State Environmental Protection Agency
(to be announced)

10:00 a.m.–10:30 a.m. Networking Break

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Schedule
10:30 a.m.–12:00 p.m. Concurrent Breakout Sessions

10:30 a.m.–12:00 p.m. Combining Red Ink and Brownfields:

Dealing with Environmentally Contaminated
Properties in Bankruptcy
The current economic crisis in our country has led to a
record number of bankruptcy filings for both large and small
companies. For companies contemplating filing for bankruptcy
protection under Chapter 11 and those already in the process,
dealing with environmentally contaminated properties is a
complex matter that raises legal issues in both the bankruptcy
and environmental law context. Companies are increasingly
using the bankruptcy code and Section 363 in particular, to sell
their contaminated properties even before they emerge from
bankruptcy. Panelists will focus upon the process of evaluating
how environmental remediation liabilities will be treated in
bankruptcy, with a particular focus on the sale of contaminated
properties through a Section 363 sale. It will explore the
roles environmental attorneys, bankruptcy attorneys and
environmental consultants must play in the development
of a successful bankruptcy resolution strategy.
MODERATOR:
Jeanne Cohn-Connor, Kirkland & Ellis, LLP, Washington, DC
SPEAKERS:
James M. Redwine, AlixPartners, LLP, Baton Rouge, LA
Cynthia Retallick, Senior Vice President and Deputy General Counsel,
TRC Companies, Inc., North-Windsor, CT
Alan S. Tenenbaum, National Bankruptcy Coordinator, U.S. Department
of Justice, Washington, DC

10:30 a.m.–12:00 p.m. Developments in Environmental Justice—

From the Courts to the Obama
Administration to Indian Country
This panel will examine current efforts by communities of color,
low-income communities, and tribes to achieve environmental
equity through administrative and judicial forums and even in
the face of new and disproportionate environmental impacts
from global warming. In response to the Ninth Circuit decision
in Rosemere Neighborhood Association v. EPA, Administrator Jackson
ordered reform in EPA’s Title VI processes and vowed to increase
consideration of environmental justice impacts and the concerns
of minority communities. The panel will focus on environmental
justice developments, including new initiatives within the
Obama Administration, federal court decisions, and the evolving
relationship between environmental justice, climate change,
and climate change law and policies. The panel will also
highlight the unique environmental justice concerns
confronting tribal governments and Alaska Native villages.
MODERATOR:
Jana L. Walker, Stetson Law Offices, P.C., Albuquerque, NM
SPEAKERS:
Caroline Farrell, Acting Executive Director, Center on Race, Poverty,
and the Environment, Delano, CA
Eileen Gauna, Professor of Law, University of New Mexico School of Law,
University of New Mexico, Albuquerque, NM
James Grijalva, Professor and Director, Tribal Environmental Law Project,
University of North Dakota School of Law, Grand Forks, ND
Charles Lee, Director, Office of Environmental Justice, U.S. Environmental
Protection Agency, Washington, DC (invited)

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2010 Conference
10:30 a.m.–12:00 p.m. Why Build Green and
How To Do It Properly
Green roofs filter storm water runoff, reduce a building’s
energy consumption, and have a myriad of other “eco”nomic
benefits. So, why are they not installed on every new building?
The opportunities for building green are becoming more
mainstream as states and local governments modify their
building codes to incorporate green building concepts. Although
green building standards are becoming an integral part of
environmental conservation and energy reduction programs,
standard construction contracts do not address many of
the required elements of the green building rating system
necessary for certification under the Leadership in Energy
and Environmental Design (LEED) developed by the United
States Green Building Council (USGBC). Since LEED certification
is not awarded until the building is completed, the task of
drafting, reviewing contracts, and design is critical. This program
will feature a general overview of LEED, including key concepts
and legal components that make a project work. In addition, the
program will discuss implementation of Washington DC’s Green
Building Act of 2006. Using hypothetical and/or actual projects,
the speakers will address key issues and challenges in the
design and implementation, discuss allocation of risk among
the design and construction team, essential contractual
elements, and key design elements.
MODERATOR:
William L. Penny, Stites & Harbison, PLLC, Nashville, TN
SPEAKERS:
George S. Hawkins, General Manager, DC Water and Sewer Authority,
Washington, DC
Bryan C. Jackson, Allen Matkins Leck Gamble Mallory & Natsis, LLP,
Los Angeles, CA
Soren Simonsen, Community Studio, Salt Lake City, UT

1:00 p.m.–4:00 p.m. Public Service Project:

TreeUtah
Join us in an environmental restoration service project teaming
up with TreeUtah for the afternoon of Saturday, March 20 to
plant trees at the National Audubon Society’s 120-acre Jordan
River Migratory Bird Habitat Restoration Project. Participants
will plant seedlings and small trees to add to existing riparian
habitat used by migratory song birds and other wildlife. Local
avian ecologists have designated this area as critical habitat
for 98 species of song birds in Utah which require lower
elevation riparian habitat. The site is located at the heart of
the Great Salt Lake flyway and is a crucial stopover for hundreds
of thousands migrating birds each season. Participants should
dress for the planting and bring work gloves! To volunteer for
this public service project, please contact Francine M. Ffolkes
at Francine.ffolkes@dep.state.fl.us. This project is part of the
Section’s One Million Trees Project, which has the goal to
plant one million trees by 2014. For more information,
visit http://www.abanet.org/environ/projects/
million_trees/home.shtml.

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Schedule
Sunday, March 20, 2010
7:00 a.m. Continental Breakfast

8:00 a.m.–10:00 a.m. Ethical Traps in the Use of

Social Networking Sites Online
As the popularity of social networking Web sites continues
to grow, attorneys are faced with a growing number of ethical
concerns. Whether attorneys use blogs or social networks such
as Facebook, Twitter, LinkedIn or You Tube as marketing tools or
are just “chatting,” it is important for attorneys to understand
the risks of posting or emailing legal information. This timely
ethics session will discuss the ethical implications associated
with the use of social networking sites and blogs by attorneys
to communicate with clients and potential clients. There are few
clear guidelines from the courts and bar associations on potential
ethical violations triggered by online communication. The panel
will discuss how various courts and state bar associations are
dealing with online communications related problems and offer
practical suggestions for risk avoidance. The issues that will be
addressed by the panel include: formation of an inadvertent
attorney client relationship, breach of confidentiality,
unauthorized practice of law, and violation of legal advertising
rules. Panel members will also discuss attorneys’ potential
breaches of duties to their own firms as agents. Panelists are
a private practitioner who focuses on advising attorneys and
their firms on legal ethics, discipline, and risk management,
and an in-house attorney who specializes in risk management
for attorneys.
MODERATOR:
Pamela R. Esterman, Sive, Paget & Riesel, P.C., New York, NY
SPEAKERS:
Michael P. Downey, Hinshaw & Culbertson, St. Louis, MO
Douglas R. Richmond, Aon Global, Chicago, IL

10:00 a.m. Closing Remarks

Michelle Diffenderfer, Program Chair 2012, Lewis, Longman &
Walker, P.A., West Palm Beach, FL

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 Registration Information
Location and Lodging
The Annual Conference on Environmental Law will
take place at The Grand America, 555 South Main
Street, Salt Lake City, Utah. To learn more about the
property, visit http://www.grandamerica.com. A block
of rooms has been reserved at the discounted rate
of $250 standard single/double occupancy. A limited
number of rooms are available at The Little America
(across the street) at the rate of $169 standard single/
double occupancy. A limited number of government
rooms are also available at The Little America, at
the rate of $94. (Identification is required for the
reduced rate). The cut-off for room reservations at
the discounted rates is Tuesday, February 23, 2010.
After that date, rooms can be reserved on a space-
available basis. To reserve a room, call the hotel
directly at (801) 258-6000 or toll free at (800) 453-9450.
Be sure to mention the ABA Environmental Law
Conference to receive the special rate.
Early Registration
We request that all registrations be made in
advance of the program. You may register online by
visiting http://www.abanet.org/environ/programs/
envlaw/2010/ or by completing the attached form
and mailing it with your payment to the ABA
Section of Environment, Energy, and Resources,
Attn.: Environmental Law Conference, 321 N. Clark
Street, Chicago, IL 60654. The deadline for receipt of
early bird registration is Thursday, February 18, 2010.
All registrations postmarked after February 18, 2010
include an additional $50 for processing. The final
cut-off date for all pre-registrations (early bird and
late) is Tuesday, March 2, 2010. Please note that
on site registrations will have an additional
administrative fee of $25.
Fees
Registration fee covers Conference materials on
CD-ROM, breakfasts and breaks on Friday, Saturday,
and Sunday as well as receptions on Thursday and
Friday. Please indicate on the registration form if
you plan on attending Friday’s luncheon or Friday
evening’s dinner. Additional fee is required for
Friday lunch and Friday night dinner.
Group Discount
Law firms and other organizations registering
multiple attendees (four or more) can be eligible
for a group discount. All registrations must be
received together and prior arrangements must
be made with the Section Registrar by calling
(312) 988-5724. Discounts will not be applied
retroactively. You will not be able to register group
attendees using the online registration system but rather
must complete and submit hard copies of the registration
form in this brochure. Discounted rates granted to
speakers, planning committee members, sponsors
or tuition waiver candidates do not count towards
group discount opportunities.
Tuition Assistance
A limited number of registration fee waivers
are available for government employees,
public interest lawyers employed with nonprofits,
academics and law students. To apply, send a letter
outlining the basis for your fee waiver request to the
Environmental Law Conference Planning Committee,
Attn: Ninah Moore, c/o ABA Section of Environment,
Energy, and Resources, 321 N. Clark Street, Chicago,
IL 60654. All requests must be received by Tuesday,
February 9, 2010.
14
Law Student
Volunteer Opportunity
A limited number of volunteer opportunities
are available to law students interested
in attending the entire meeting. To be
considered as a law student volunteer you
must be a member of the ABA Section of
Environment, Energy, and Resources. You
must also submit a 2-3 paragraph letter
indicating your interest in environmental,
energy, or resources law and why you wish
to attend the meeting by Friday, February
19, 2010. The letters will be reviewed and
volunteers will be selected and notified no
later than Monday, March 1, 2010. Send all
letters to Julie Connell, Section Assistant,
via e-mail at ConnellJ@staff.abanet.org, or
fax: (312) 988-5572, or by mail to American
Bar Association, Section of Environment,
Energy, and Resources, Attn: Julie Connell,
321 N. Clark St., Chicago, IL 60654.
Cancellation Policy
A full refund of the registration fee less a
$50 administration fee will be granted for all
written requests received by Tuesday, March
2, 2010. No refunds will be granted after
March 2, 2010. Substitutions are acceptable.
Cancellations must be submitted in writing
and may be sent via fax to (312) 988-5572,
Attn.: Program Registrar. The ABA reserves
the right to cancel any program and assumes
no responsibility for personal expenses.
Program Materials
Conference proceedings and related
background information will be provided
to participants via CD-ROM to reduce the
environmental impact of the program. For
those who would also like to reserve a hard
copy (3-Ring Binder) of the program materials
so that it is available onsite at the meeting,
please pre-order on the registration form. Only
pre-ordered copies will be available onsite.
CLE Credit
CLE accreditation has been requested
for this program from every state
with mandatory continuing education
requirements for lawyers. Please be aware
that each state has its own rules and
regulations, including its definition of
“CLE.” Check with your state agency for
confirmation of this program’s approval.
Please note: New York licensed participants
are required to sign-in and sign-out on a
special attendance sheet at each session.
States with lawyer specialization programs
have not been requested to certify this
program. Certificates of attendance will be
available in the registration materials at the
program. For more information on approved
number of credit hours, please contact the
Program Registrar at (312) 988-5724.
Americans with Disabilities Act
If any special arrangements are required
for a disabled individual to attend this
program, please call the Program and
Membership Assistant at (312) 988-5724
by Friday, March 9, 2010.
 Registration Form
39th Annual Conference on Environmental Law • March 18–21, 2010
Register Online! Save time by registering for this meeting online.
Visit http://www.abanet.org/environ/envlaw/
I will not be attending the program but wish to order the course materials, which includes
postage and handling. $45 CD-ROM $80 Hard Copy (3-Ring Binder)

Registrant Information

/ / / / / / / Please note: Information

provided on this registration
ABA MEMBERSHIP NUMBER
form will be published in an
attendee roster that will be
NAME PREFERRED FIRST NAME FOR BADGE disseminated to meeting
attendees.
ORGANIZATION
■ Please do not list my
e-mail address in the
registration roster.
ADDRESS ■ Please do not list my name
and contact information
in the registration roster.
CITY, STATE/PROVINCE, ZIP/MAIL CODE
New York licensed
participants are required
COUNTRY
to sign-in and sign-out on
a special attendance sheet
DAYTIME TELEPHONE NUMBER FAX at each session.
■ I am licensed in the
state of New York.
E-MAIL

Attention ABA Members!

If you are an ABA Member but not a member of the Section of Environment, Energy, and Resources please note that
your Conference Registration fee ($560 before 2/18/10 or $610 after 2/18/10) now includes Section membership.
Yes! Enroll me in the Section of Environment, Energy, and Resources.
■ Free with “ABA Member” registration fees for ABA members only* (a $75 value)
*ABA Membership is a prerequisite of Section membership. If you are not already an ABA member, please call (800) 285-2221.
Please note: Free membership only applies to individuals who have not been a member of the section in the past two years.

Fees and Payment Information

Program Registration Fees: (Payment and/or P.O. must accompany registration or registration form will not be accepted)

Online registration is available at http://www.abanet.org/environ/programs/envlaw/2010/

Registration Before 2/18/10 After 2/18/10 Dinner and Transportation
Friday’s dinner event and Saturday’s transportation to Park City
■ Section Member $485 $535 is not included in the cost of registration. These events are ticketed
■ ABA Member $560 $610 and require advanced sign up in order to participate.
■ General Attendee $570 $620 Friday, March 19, 2010, 8:00 p.m.
■ Government, Public ■ $75 Section Dinner
Interest, Academic $355 $405 Saturday, March 20, 2010, 12:30 p.m.
■ Young Lawyer* $355 $405 Afternoon Park City activities
■ Hard Copy Course Materials $80 $80 (Please see program Web page for details.)
*Qualifying young lawyers are those who have been admitted to practice ■ Transportation to Park City
in their first bar within the past five years or who are less than 36 years old.
($20, to/from The Grand America), please
Registration—Law Students and Student Associates indicate what activities you will participate in:
■ Section Member $50 ■ shopping/dining ■ skiing/snowboarding
■ cross-country/snowshoeing ■ snowmobiling
■ ABA Member* $75
■ General Attendee** $100 ■ Twilight Lift ticket at Park City
*As an ABA member, registration will include membership Mountain Resort ($58 per person)
to the Section of Environment, Energy, and Resources for one year. ■ Ski Rental ($35 per person for skis,
**As a general attendee, this registration will include membership to the
ABA and the Section of Environment, Energy, and Resources for one year.
boots, poles, and Friday afternoon fitting)

RSVP for Conference Luncheon I’m interested in the following, please send
Friday’s Luncheon event is included in the cost of registration. It is ticketed and more information (do not send payment):
requires advanced sign up in order to participate. Please do not wait until you arrive ■ Olympic Bobsledding Ride
at the conference to reserve a ticket, we cannot guarantee availability onsite.
(approx. $200 per person for 72-second ride)
Friday, March 19, 2010
■ Luncheon Keynote Address by Scott Fulton ■ Guided Snowmobiling Tour
(approx. $175 per person for 1.5 hour tour)
Dietary Restrictions? Please specify: _______________________________________________
■ Guided Cross-Country Skiing/Snowshoeing
Total Enclosed (Registration, Dinner and Park City activities): $______________ Tour (approx. $55/Snowshoe & $75 CC Skiing
for 1.5 hour tour)
Payment: (check one; complete all information) Information for Salt Lake City outdoor snow activities
■ Check enclosed, payable to the American Bar Association. and ski passes are available on the program Web page.
■ Purchase Order No._____________________________________
■ Charge my credit card: ■ Visa ■ MasterCard ■ AmEx ABA FJE Contribution:
$25 (suggested) $__________________
Voluntary contribution to support Section of Environment,
CARD NUMBER EXP. DATE Energy, and Resources Project Support Fund. Funding
may be used to support law student participation in
Section Committees and programs. Contributions to the
FJE are tax deductible to the full extent allowed by law.
SIGNATURE

Return this registration form (including check, credit card information, or purchase order) to:
ABA Section of Environment, Energy, and Resources
Attn: Program Registrar Fax: (312) 988-5572
321 N. Clark Street, Chicago, IL 60654 Questions? Call (312) 988-5724
 Nonprofit Organization
U.S. Postage
PAID
321 N. Clark Street, Chicago, IL 60654 American Bar Association

Register early for the

39th Annual
Conference on
Environmental
Law
March 18–21, 2010

Location:
The Grand America, Salt Lake City, UT
Housing Deadline:
February 23, 2010
Early Registration Deadline:
February 18, 2010