Environmental Law Conference Obamas Agenda

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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 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 claimthe Florida Supreme Courts 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, particularlythe 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 andNatural Resources Division, U.S. Department of Justice, Washington, DC

Roger Marzulla, Marzulla Law, Washington, DCD. Kent Safriet, Hopping Green & Sams, P.A., Tallahassee, FL

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

Freight TrainAll 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 Unions REACH program;


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Scheduleand (c) states feeling empowered by the enactment of green-

chemistry laws and other requirements. Non-governmentalorganizations are feeding the fire based on their disagreement

with the previous Administrations 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 EPAs TSCA NewChemicals Branch, Washington, DC

SPEAKERS:

Charles M. Auer, President, Charles Auer & Associates, LLC, Poolesville, MD

Wendy Cleland-Hamnett, Acting Director, Office of Pollution Preventionand 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 PerspectiveScott Fulton, General Counsel, U.S. Environmental Protection Agency,Washington, DC

1:30 p.m.3:00 p.m. A Years Full Measure:

Enforcement In the Obama AdministrationAfter a full year in office, what progress has the Obama

Administration made toward its enforcement goals? Panelists

will discuss the enforcement implications of EPAs impending

climate change related regulatory mandates; federal and state

criminal enforcement initiatives, including the effect of EPAs new

enforcement priorities for 2010-2013; Administration ambitions

for Clean Air Act strategic enforcement, including enforcementactivity 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, ExxonMobilProduction Company, Houston, TX

Catherine McCabe, Principal Deputy Assistant Administrator, Officeof 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 Conference3:00 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 LandsHot 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 andgovernment 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 theInterior, 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 WesternPipelines, Colorado Springs, CO

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

in International Treaties and Cross

Border RegulationsWith increased focus by the Obama Administration, the

European Union, and developing nations on environmental

issues that cross bordersand the treaties to address them,

there are several significant international environmental law

developments that will impact U.S. interests including U.S.-basedcompanies 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 ProtectionAgency, Washington, DC

SPEAKERS:

Carlos B. de Miguel, Ura Menndez, Madrid, Spain

Amy Fraenkel, United Nations Environment Program, Regional Officefor 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


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Schedule3:30 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 newareas 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 & ElizabethC. & Clyde W. Atkinson Professor of Law, Florida State University Collegeof 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 Courts 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 candefeat 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. Departmentof Justice, Washington, DC

Stephen McKae, Wendel, Rosen, Black & Dean LLP, Oakland, CA

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


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2010 Conference6:00 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 SherpaApa 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.

Saturday, March 20, 2010


8:00 a.m.8:10 a.m. Opening RemarksJonathan K. Kahn, Program Chair 2011, Blake, Cassels, Graydon LLP,ON, Canada

8:10 a.m.10:00 a.m. The Obama Clean Air ActAgenda at Year OneAfter 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 Administrations 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

Ralph Becker

Apa Sherpa


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Schedule10:30 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 BankruptcyThe 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. Departmentof Justice, Washington, DC

10:30 a.m.12:00 p.m. Developments in Environmental JusticeFrom the Courts to the Obama

Administration to Indian CountryThis 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 EPAs Title VI processes and vowed to increase

consideration of environmental justice impacts and the concernsof 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. EnvironmentalProtection Agency, Washington, DC (invited)


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2010 Conference10:30 a.m.12:00 p.m. Why Build Green and

How To Do It ProperlyGreen roofs filter storm water runoff, reduce a buildings

energy consumption, and have a myriad of other economic

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 systemnecessary 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 DCs Green

Building Act of 2006. Using hypothetical and/or actual projects,

the speakers will address key issues and challenges in thedesign 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, CASoren Simonsen, Community Studio, Salt Lake City, UT

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

TreeUtahJoin 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 Societys 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. Localavian 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 [email protected]. This project is part of the

Sections 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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ScheduleSunday, March 20, 2010


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

Social Networking Sites OnlineAs 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 understandthe 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 inadvertentattorney 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 RemarksMichelle Diffenderfer, Program Chair 2012, Lewis, Longman &Walker, P.A., West Palm Beach, FL


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Location and LodgingThe Annual Conference on Environmental Law willtake place at The Grand America, 555 South MainStreet, Salt Lake City, Utah. To learn more about the

property, visit http://www.grandamerica.com . A blockof rooms has been reserved at the discounted rateof $250 standard single/double occupancy. A limitednumber of rooms are available at The Little America(across the street) at the rate of $169 standard single/double occupancy. A limited number of governmentrooms are also available at The Little America, atthe rate of $94. (Identification is required for thereduced rate).The cut-off for room reservations atthe 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 RegistrationWe request that all registrations be made inadvance of the program. You may register online byvisiting http://www.abanet.org/environ/programs/envlaw/2010/ or by completing the attached formand mailing it with your payment to the ABASection of Environment, Energy, and Resources,

Attn.: Environmental Law Conference, 321 N. ClarkStreet, Chicago, IL 60654.The deadline for receipt ofearly bird registration is Thursday, February 18, 2010.All registrations postmarked after February 18, 2010include an additional $50 for processing. The finalcut-off date for all pre-registrations (early bird andlate) is Tuesday, March 2, 2010. Please note thaton site registrations will have an additionaladministrative fee of $25.

Fees

Registration fee covers Conference materials onCD-ROM, breakfasts and breaks on Friday, Saturday,and Sunday as well as receptions on Thursday andFriday. Please indicate on the registration form ifyou plan on attending Fridays luncheon or Fridayevenings dinner. Additional fee is required forFriday lunch and Friday night dinner.

Group DiscountLaw firms and other organizations registeringmultiple attendees (four or more) can be eligiblefor a group discount. All registrations must be

received together and prior arrangements mustbe made with the Section Registrar by calling(312) 988-5724. Discounts will not be appliedretroactively. You will not be able to register groupattendees using the online registration system but rather

must complete and submit hard copies of the registration

form in this brochure. Discounted rates granted tospeakers, planning committee members, sponsorsor tuition waiver candidates do not count towardsgroup discount opportunities.

Tuition AssistanceA limited number of registration fee waiversare available for government employees,public interest lawyers employed with nonprofits,academics and law students. To apply, send a letteroutlining the basis for your fee waiver request to theEnvironmental 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.

Law StudentVolunteer OpportunityA limited number of volunteer opportunitiesare available to law students interested

in attending the entire meeting.To beconsidered as a law student volunteer youmust be a member of the ABA Section ofEnvironment, Energy, and Resources. Youmust also submit a 2-3 paragraph letterindicating your interest in environmental,energy, or resources law and why you wishto attend the meeting by Friday, February19, 2010. The letters will be reviewed andvolunteers will be selected and notified nolater than Monday, March 1, 2010. Send all

letters to Julie Connell, Section Assistant,via e-mail at [email protected], orfax: (312) 988-5572, or by mail to AmericanBar Association, Section of Environment,Energy, and Resources, Attn: Julie Connell,321 N. Clark St., Chicago, IL 60654.

Cancellation PolicyA full refund of the registration fee less a$50 administration fee will be granted for allwritten requests received by Tuesday, March2, 2010. No refunds will be granted after

March 2, 2010. Substitutions are acceptable.Cancellations must be submitted in writingand may be sent via fax to (312) 988-5572,Attn.: Program Registrar. The ABA reservesthe right to cancel any program and assumesno responsibility for personal expenses.

Program MaterialsConference proceedings and relatedbackground information will be providedto participants via CD-ROM to reduce the

environmental impact of the program. Forthose who would also like to reserve a hardcopy (3-Ring Binder) of the program materialsso that it is available onsite at the meeting,please pre-order on the registration form. Onlypre-ordered copies will be available onsite.

CLE CreditCLE accreditation has been requestedfor this program from every statewith mandatory continuing educationrequirements for lawyers. Please be awarethat each state has its own rules andregulations, including its definition ofCLE. Check with your state agency forconfirmation of this programs 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 programshave not been requested to certify thisprogram. Certificates of attendance will beavailable in the registration materials at the

program. For more information on approvednumber of credit hours, please contact theProgram Registrar at (312) 988-5724.

Americans with Disabilities ActIf any special arrangements are requiredfor a disabled individual to attend thisprogram, please call the Program andMembership Assistant at (312) 988-5724by Friday, March 9, 2010.

Registration Information


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Registrant Information

ABA MEMBERSHIP NUMBER

NAME PREFERRED FIRST NAME FOR BADGE

ORGANIZATION

ADDRESS

CITY, STATE/PROVINCE, ZIP/MAIL CODE

COUNTRY

DAYTIME TELEPHONE NUMBER FAX

E-MAIL

Registration Form39th Annual Conference on Environmental Law March 1821, 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)

Fees and Payment Information

Return this registration form (including check, credit card information, or purchase order) to:

ABA Section of Environment, Energy, and ResourcesAttn: Program Registrar321 N. Clark Street, Chicago, IL 60654

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/

/ / / / / / / Please note: Informationprovided on this registration

form will be published in an

attendee roster that will be

disseminated to meeting

attendees.

I Please do not list mye-mail address in theregistration roster.

I Please do not list my name

and contact informationin the registration roster.

New York licensed

participants are required

to sign-in and sign-out on

a special attendance sheet

at each session.

I I am licensed in thestate of New York.

Attention ABA Members!

If you are an ABA Member but not a member of the Section of Environment, Energy, and Resources please note thatyour 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.I 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.

ABA FJE Contribution:$25 (suggested) $__________________Voluntary contribution to support Section of Environment,Energy, and Resources Project Support Fund. Fundingmay be used to support law student participation inSection Committees and programs. Contributions to theFJE are tax deductible to the full extent allowed by law.

Dinner and TransportationFridays dinner event and Saturdays transportation to Park Cityis not included in the cost of registration. These events are ticketedand require advanced sign up in order to participate.

Friday, March 19, 2010, 8:00 p.m.I $75 Section Dinner

Saturday, March 20, 2010, 12:30 p.m.Afternoon Park City activities(Please see program Web page for details.)

I Transportation to Park City($20, to/from The Grand America), pleaseindicate what activities you will participate in:I shopping/dining I skiing/snowboardingI cross-country/snowshoeing I snowmobiling

I Twilight Lift ticket at Park CityMountain Resort ($58 per person)

I Ski Rental ($35 per person for skis,boots, poles, and Friday afternoon fitting)

Im interested in the following, please sendmore information (do not send payment):

I Olympic Bobsledding Ride(approx. $200 per person for 72-second ride)

I Guided Snowmobiling Tour(approx. $175 per person for 1.5 hour tour)

I Guided Cross-Country Skiing/SnowshoeingTour (approx. $55/Snowshoe & $75 CC Skiingfor 1.5 hour tour)

Information for Salt Lake City outdoor snow activities

and ski passes are available on the program Web page.

Registration Before 2/18/10 After 2/18/10I Section Member $485 $535I ABA Member $560 $610I General Attendee $570 $620I Government, Public

Interest, Academic $355 $405I Young Lawyer* $355 $405I Hard Copy Course Materials $80 $80

*Qualifying young lawyers are those who have been admitted to practicein their first bar within the past five years or who are less than 36 years old.

RegistrationLaw Students and Student Associates

I Section Member $50I

ABA Member* $75I General Attendee** $100

*As an ABA member, registration will include membershipto the Section of Environment, Energy, and Resources for one year.

**As a general attendee, this registration will include membership to theABA and the Section of Environment, Energy, and Resources for one year.

RSVP for Conference LuncheonFridays Luncheon event is included in the cost of registration. It is ticketed andrequires advanced sign up in order to participate. Please do not wait until you arriveat the conference to reserve a ticket, we cannot guarantee availability onsite.

Friday, March 19, 2010I Luncheon Keynote Address by Scott Fulton

Dietary Restrictions? Please specify: _______________________________________________

Total Enclosed (Registration, Dinner and Park City activities): $______________

Payment: (check one; complete all information)I Check enclosed, payable to the American Bar Association.I Purchase Order No._____________________________________I Charge my credit card: I Visa I MasterCard I AmEx

Fax: (312)988-5572Questions? Call (312)988-5724

CARD NUMBER EXP. DATE

SIGNATURE


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uary23,

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Documents

Environmental Law Conference Obamas Agenda