This course marks the 40th anniversary of the Clean Water Act. Much has been achieved in protecting the nation’s waterways and wetlands since the Act was passed in 1972. However, as federal and state agencies seek to tackle the most intractable water quality problems, the greatest challenges remain.
With the in-depth, hands-on treatment provided in this advanced course of study, you not only learn about recent programmatic, litigation, and Congressional developments, but also the larger, emerging issues that will strongly influence Clean Water Act law and practice in the years to come.
The course, comprising 12 full hours of instruction, updates experienced attorneys and related professionals and provides general practitioners with an excellent framework for understanding the law and counseling clients in a complex area. A top-flight faculty, including senior public officials from federal and state agencies, private practitioners, government prosecutors and defense attorneys, and public interest advocates, provide not only legal analyses, but science and policy perspectives as well. An optional introductory lecture is presented on Thursday morning to provide less experienced practitioners, or those needing a refresher, with grounding in the basic substantive law and practice issues.
What You Will Learn
This year’s course pays special attention to energy developments, including hydraulic fracturing and climate change. Other areas of focus include:
• Establishing CWA jurisdiction
• EPA veto of surface coal mining permits
• Wet weather and forest road litigation
• Stormwater permits
• Recent court, legislative, and administrative developments
The course also includes a full hour on professional responsibility issues and ethics concerns in the water law practice context. Time is reserved throughout the program to address your questions.
Who Should Attend
Rachel L. Jean-Baptiste, Managing Editor, Environmental Law Reporter, Environmental Law Institute, Washington, D.C.
Michele L. Walter, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
David M. Uhlmann, Jeffrey F. Liss Professor from Practice, and Director, Environmental Law and Policy Program, University of Michigan Law School, Ann Arbor, Michigan
Additional speakers to be confirmed
FROM THE GOVERNMENT
Andrea L. Berlowe, Senior Counsel, Law and Policy Section, U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C.
Donna M. Downing, Office of Water, U.S. Environmental Protection Agency, Washington, D.C.
Andrew J. Doyle, Senior Attorney, Environmental Defense Section, U.S. Department of Justice, Washington, D.C.
William L. James, National Coal Expert, Great Lakes and Ohio River Division, U.S. Army Corps of Engineers, Nashville, Tennessee
Michael Shapiro, U.S. Environmental Protection Agency, Washington, D.C.
Gautam Srinivasan, Office of General Counsel, U.S. Environmental Protection Agency, Washington, D.C.
Peter Stokely, Environmental Scientist, Office of Civil Enforcement, U.S. Environmental Protection Agency, Washington, D.C.
Caroline H. Wehling, Office of the General Counsel, U.S. Environmental Protection Agency, Washington, D.C.
FROM LAW SCHOOLS, NON-PROFITS, AND ENVIRONMENTAL ADVOCACY ORGANIZATIONS
Alexandra Dapolito Dunn, Executive Director & General Counsel, Association of Clean Water Administrators and Lecturer in Law, The Catholic University of America, Columbus School of Law, Washington, D.C.
Jan L. Goldman-Carter, Wetlands and Water Resources Counsel, National Advocacy Center, National Wildlife Federation, Washington, D.C.
ALI CLE Staff Attorney: Thomas M. Hennessey, Assistant Director, Office of Courses of Study
THURSDAY, SEPTEMBER 20, 2012
7:00 a.m. Registration and Continental Breakfast Video Webcast Segment A
8:00 a.m.Optional Introductory Lecture: Basics of Clean Water Act Law - Professor May
9:00 a.m. Introductory Remarks and Course Overview
9:15 a.m.Keynote Address - Professor Uhlmann
9:45 a.m. Networking and Refreshment Break
10:00 a.m.CWA Jurisdiction - Mss. Downing, Goldman-Carter, and Strand
11:15 a.m.Establishing Jurisdiction - Messrs. Doyle, Rolband, and Stokely
12:30 p.m. Lunch Break Video Webcast Segment B
2:00 p.m.Surface Coal Mining - Ms. Bennett and Messrs. Hecker, James, and Srinivasan
3:30 p.m. Networking and Refreshment Break
3:45 p.m.Wet Weather and the Forest Roads Litigation - Prof. Heinzerling andMr. Bishop
4:45 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty
FRIDAY, SEPTEMBER 21, 2012
8:30 a.m. Continental Breakfast and Networking Session Video Webcast Segment C
9:00 a.m.Climate Change - Mr. Grumbles and Dr. McGee
10:30 a.m. Networking and Refreshment Break
10:45 a.m.Hydraulic Fracturing - Professor May, Mr. Bossert, and Ms. Wehling
12:00 p.m. Lunch Break Video Webcast Segment D
1:15 p.m.Update on Regulatory and Case Law Developments under EPA's Industrial and Municipal Stormwater Permit Programs - Mss. Bodine and Dunn andMr. Longsworth
2:45 p.m. Networking and Refreshment Break
3:00 p.m.Ethical Issues for the Environmental Practitioner - Mss. Berlowe and Esterman
4:00 p.m. Adjournment
Total 60-minute hours of instruction: For more information on CLE credits for a particular jurisdiction, click on the “Mandatory CLE Credit” link in the box titled, “Course Details,” at the top left of this web page.
Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter
Educational Objective: Maintenance of professional competence as a practitioner; provision of information on recent legal developments
Please use the product code SU009 if ordering over the phone or via fax.
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Table of Contents
Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States and Carabell v. United States By Donna M. Downing
Appendix: Draft Guidance on Identifying Waters Protected by the Clean Water Act
The Historical Scope of Clean Water Act Jurisdiction By Jon Devine, Janice L. Goldman-Carter, Rebecca Hammer, Joan Mulhern, James Murphy, and Jared Thompson
Appendix: Letter of July 31, 2011 from National Wildlife Federation to EPA regarding Proposed Guidance for Identification of Waters Protected by Clean Water Act
What Wetlands Are Regulated? Jurisdiction of the §404 Program By Margaret N. Strand
Under the Rapanos Dust Cloud By Margaret N. Strand
Establishing Jurisdiction Issues in the Field By Michael S. Rolband
CWA Jurisdictional Analysis from the Desk Top: Tools and Data Relevant to CWA Jurisdiction after Rapanos By Peter Stokely
Surface Coal Mining Clean Water Act Issues By Deidre G. Duncan
Surface Coal Mining By James Hecker
Corps of Engineers' Regulatory Role in Coal Mining By William L. James
The Forest Roads Litigation By Timothy S. Bishop and Sopan Joshi
Clean Water and Climate Change By Benjamin H. Grumbles
Global Responses to Hydraulic Fracturing By James R. May
Hydraulic Fracturing: A Perspective from Pennsylvania by Terry R. Bossert
Hydraulic Fracturing Overivew and EPA Actions By Caroline H. Wehling
Update on Stormwater Regulatory and Case Law Developments By Susan Parker Bodine
Regulatory and Case Law Developments: EPA Industrial and Municipal Stormwater Permit Programs By Alexandra Dapolito Dunn
Appendix A: Testimony of Walter L. Baker, P.E., President, Association of Clean Water Administrators, before U.S. House of Representatives Committee on Transportation and Infrastructure Subcommittee on Water Resources and Environment Regarding Integrated Planning and Permitting, Part 2: An Opportunity for EPA to Provide Communities with Flexibility to Make Smart Investments in Water Quality
Appendix B: Letter of January 31, 2011, from ASIWPCA to U.S. Environmental Protection Agency regarding Federal Stormwater Rulemaking
Appdendix C: Letter of May 20, 2011, from N.C. Department of Environment and Natural Resources to EPA regarding Proposed EPA Stormwater Rules Revision
Appdendix D: Letter of June 22, 2012, from National Assn. of State Forresters and Assn. of Clean Water Administrators to U.S. EPA regarding Revision of Stormwater Regulations
Appendix E: Chart of Proposed Water Rules, Policies, and Guidance
Regulatory and Case Law Update: EPA's Industrial and Municipal Stormwater Permit Programs By Jeffrey S. Longsworth
Appendix A: Memorandum of Nov. 22, 2002, from Robert H. Wayland, III, Director, Office of Wetlands, Oceans and Watersheds, to Water Division Directors clarifying EPA Regulatory Requirements for Establishing Wasteload Allocations for Storm Water Discharges
Appendix B: Memorandum of Nov. 12, 2010, from James A. Hanlon, Director, Office of Wastewater Management, to Water Management Division Directors updating aspects of EPA's November 22, 2002 memorandum on Establishing Total Maximum Daily Load (TMDL) Wasteload Allocations (WLAs) for Storm Water Sources and NPDES Permit Requirements
Ethical Considerations for the Environmental Lawyer By Pamela R. Esterman
After the Spill Is Gone: The Gulf of Mexico, Environmental Crime, and the Criminal Law (Supplemental Material) By David M. Uhlmann
This was an excellent conference. The best thing about this conference is the mix of faculty on each panel – it’s so helpful to hear from EPA/government lawyers as well as private practitioners and academics. I certainly appreciated the range of issues presented. – 2010 registrant
I really liked the sound bite/rapid fire Q&A session after the EPA-state panel. It produced the most lively Q&A session of the course. – 2010 registrant
The speakers were fantastic – deeply knowledgeable, passionate, and engaging. I practice in a very narrow area of the Clean Water Act, and learned a great deal about fascinating issues on the periphery of my area…The moderators were also top notch. They kept things moving and asked penetrating questions. – 2009 registrant
Good for the first-time Clean Water Act practitioner as well as for the seasoned practitioner. – 2009 registrant
The presenters who were able to add humor and ‘down to earth’ examples and commentaries were very effective in presenting a somewhat dry subject area. – 2009 registrant
This was great – many different speakers, points of view, perspectives and topics covered. Really eye-opening to a lot of challenges and opportunities. – 2009 registrant
The program was well organized and interesting, full of up-to-date and useful information. Thanks. – October 2007 registrant
This is a solid course, and the planners should be commended for putting together a great group of speakers talking about relevant themes. – Greg Schaner, U.S. Environmental Protection Agency, Washington, D.C.
Another high quality course. Faculty were very knowledgeable and presented their subjects well. I learned much that was new and increased my understanding of the subject.
Excellent program. Speakers were well prepared and information they presented is very helpful in my practice.
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