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    March 1821, 2010The Grand America Salt Lake City, Utah

    39th Annual

    Conference onEnvironmental

    Law

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    39th AnnualConference onEnvironmental LawMarch 1821, 2010 Salt Lake City, Utah

    About the ConferenceThis is the nations leading environmental law conference during a period of dramatic

    change as the Obama Administration puts its imprint on the nations 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 youre 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 Fridays Section Dinner (ticketed).

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    2010 ConferenceThursday, 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, Environmentand Natural Resources Division, U.S. Department of Justice,Washington, DC

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

    Washington, DCGreg 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 BeyondIn 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 thissession 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 Centeron 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

    ExponentEndangered Species: Chemicals, Places,

    and Climate Change

    Irbaris LLPBeyond Footprinting: Managing the Value

    Impact of Carbon and Climate Change

    Marsh USA, Inc.Addressing Environmental Liabilitiesin 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)

    Greg Bell

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    ScheduleFriday, March 19, 2010

    7:00 a.m. Continental Breakfast

    8:00 a.m.8:10 a.m. Opening RemarksDavid 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 ItThe 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 thebenefits 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

    EPAs Mandatory GHG Reporting RuleEPA 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 nations 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 Conference10:30 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

    Administrations 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 fluxthe 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 andfederal 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. EnvironmentalProtection 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

    agencys efforts to restore sand to hurricane