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American Bar Association
American Bar Association Energy and Resources Committees

The Basic Practice Series—An Introduction to the Practice of Environmental Law

Cosponsored by the ABA Young Lawyers Division

September 19-20, 2008
Phoenix, AZ

Online Meeting Registration is no longer available, however you may continue to register by faxing the registration form to (312) 988-5572. Any questions, please contact the Program Registrar at (312) 988-5724.

The Basic Practice Series

This special series of sessions will provide an introduction to the practice of environmental law through presentation and discussion of the major federal environmental programs by leading environmental law practitioners who are recognized experts on the subjects being presented. In addition to providing an overview of the basic federal programs, there will be a discussion of the current hot topics in each of the substantive areas. The sessions will also provide the lawyers attending the program with practical information, including identifying the best resources for lawyers to use efficiently (e.g. books, other publications, electronic resources) to learn more about these topics and thus provide more effective counseling.

Basic Practice Series Coordinator:
Eugene E. Smary, Warner Norcross & Judd, LLP, Grand Rapids, MI

Friday, September 19, 2008

8:00 a.m. – 8:05 a.m.
Welcome and Introduction
Eugene E. Smary, Warner Norcross & Judd, LLP, Grand Rapids, MI

8:05 a.m. – 9:20 a.m.
Clean Air Act
This session will provide an overview of how the Clean Air Act was developed, has evolved and is administered by EPA and the states. Learn about the key resources and strategies that you can use to efficiently and accurately answer the complex questions that frequently arise under the Act.

Roy Belden, Senior Vice President-Environmental Support, GE Energy Financial Services, Stamford, CT

9:20 a.m. – 10:35 a.m.
Clean Water Act
This session will provide an overview of how the Clean Water Act was developed, has evolved and is administered by EPA and the states. Learn about some of today’s hot topics that will be the major issues under the Act in the coming years.

Joel M. Gross, Arnold & Porter LLP, Washington, DC

10:35 a.m. – 10:45 a.m.
Networking Break

10:45 a.m. – 12:00 p.m.
Superfund and Brownfields
This session will provide an overview of how the Comprehensive Environmental Response and Compensation and Liability Act, more commonly referred to Superfund, was developed and has evolved in the 25 years plus since its passage. Learn about the major issues in enforcement, defense, contribution litigation and the opportunities that Brownfields legislation and regulations provide to lawyers and their clients.

James R. Arnold, The Arnold Law Practice, San Francisco, CA

12:00 p.m. – 1:30 p.m.
Committee Get-Together Luncheon

1:30 p.m. – 2:45 p.m.
Hazardous and Solid Waste Law
This session will provide an overview of how the Resource Conservation and Recovery Act was developed, has evolved and is administered by EPA and the states. Learn about the most common situations under which clients are likely to have hazardous and solid waste issues.

Randolph Hill, Deputy Director, Office of Civil Enforcement, U.S. Environmental Protection Agency, Washington, DC

2:45 p.m. – 3:00 p.m.
Networking Break

3:00 p.m. – 4:15 p.m.
Federal Information
This session will provide an overview of how federal regulatory agencies collect and disclose information in the context of environmental and resource disputes, from the administrative investigation stage to enforcement litigation in federal court. Learn about the resources you can use to respond to an administrative information request, protect confidential business information, and obtain the agency records you need.

P. Stephen Gidiere, III, Balch & Bingham, Birmingham, AL

5:00 p.m. – 6:00 p.m.
Young Lawyers Forum
Hosted by the Section’s Membership Service Group, young lawyers are encouraged to join together for an informal gathering to network and discuss Section activities and initiatives that may be of interest. This gathering is also a great opportunity to meet Section leaders in an informal setting. Your feedback and ideas will be appreciated at this session.

Saturday, September 20, 2008

Litigation Program: Clash of the Titans (in the Courtroom)—Getting Ready For and Engaging in Complex Environmental Litigation [for BPS and Fall Meeting attendees]

8:00 a.m. – 10:00 a.m.
Part I: Pre-Trial Techniques and Strategies
A distinguished former federal magistrate judge will preside over a panel of leading government and private party environmental litigators, who will introduce, discuss, and give strategy advice concerning key pre-trial positions and the usual skirmishes, including managing technical data, pre-trial motions, discovery disputes (including e discovery), and Daubert hearings. The presenters’ advice and experience will be presented in the context of hazardous waste case examples, but will be relevant and useful for any kind of litigation.

10:30 a.m. – 12:00 p.m.
Part II: Trial and Beyond
The litigation will continue with the judge presiding over a discussion courtroom battles that will illustrate the use of the federal Manual for Complex Litigation, visual aids, jury consultants and the effective use of objection technique, as well as other weapons and shields used by environmental litigators. This and the preceding program will contain both basic information about environmental litigation as well as practice tips for more experienced litigators.

James A. Bruen, Farella, Braun + Martel, LLP, San Francisco, CA
John C. Cruden, Deputy Assistant Attorney General, Environment and Natural Resources Division, U.S. Dept. of Justice, Washington DC
Ronald J. Hedges, Counsel, Nixon Peabody LLP, New York. NY (Former United States Magistrate Judge)
Peter Hsiao, Morrison & Foerster LLP, Los Angeles, CA

12:00 p.m. – 1:30 p.m.
Lunch with the Client (Ticketed Event)
Join senior in-house counsel for lunch in a small-group setting. Some of the top in-house counsel specializing in environmental, energy, and resources law will share their views and answer questions on how they select outside counsel, what they expect from outside counsel, and how they manage outside counsel. Find out how to impress them, how to add value, and what it takes to tick them off. Ask them all the questions that you've been wondering about. This lunch will be set up in groups of eight or ten, with at least one in-house counsel and a moderator at each table.

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