Suncadia Resort3600 Suncadia TrailCle Elum, WA 98922

THURSDAY – SATURDAY MAY 7 – 9, 2020

Invested in your success.™WSBA CLE|

2020 ENVIRONMENTAL AND LAND USE LAW SECTION

Midyear Meeting & Conference

agenda

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Environmental and land use laws in Washington are changing rapidly on many fronts in response to innovative technologies, new industries, emerging contaminants of concern, shifting

political landscape, and other recent developments. Please join the Environmental and Land Use Section at Suncadia Resort for an engaging look at the latest changes to environmental and land use statutes, cases, and regulations. The event will feature a Thursday evening reception, and abundant networking opportunities during the breaks.

LODGING INFORMATION:Room block cutoff is April 3, 2020 after which reservations are based on availability and the room prices may increase. Rooms are for attendees of the Midyear Conference. If a non-attendee would like to stay in the area, please find accommodations outside of the WSBA room block.

TO RESERVE YOUR ROOM:Reserve Online: WSBA/ELUL Reservation Link*.

In the top gray box be sure to edit your reservation to match the days you are arriving and departing.

Call 866-904-6300: Let reservations know you are with WSBA Environmental and Land Use Law Section.

The room block is for Thursday and Friday evenings at the rates below:

� Lodge Deluxe Studio: $229 per night

� Lodge Village View One Bedroom Suite: $249 per night

� Lodge River View One Bedroom Suite: $269 per night

If you have any specific rooming requests, please call 866-904-6300 ext 2 and then press 2 at the next prompt.

For more information on Suncadia accommodations, please visit: https://www.destinationhotels.com/suncadia-resort

WSBA CLE #20739 CREDITSApproved for 15.0 CLE credits; (14.0 Law and Legal Procedure + 1.0 Ethics).

TUITION$429.00

SECTION PARTNERPresented in partnership with the WSBA Environmental and Land Use Law Section

CO-CHAIRS: Valerie Fairwell – Cascadia Law Group, Seattle

Albert Chang – Meyer Fluegge & Tenney, PS, Yakima

DATESThursday, May 7 through Saturday May 9, 2020

REGISTRATIONOnline at wsbacle.org enter 20739 in the search field.

VENUESuncadia Resort

3600 Suncadia Trail

Cle Elum WA 98922

2020 Environmental and Land Use Law Section Midyear Meeting & Conference

*https://www.hyatt.com/shop/seadl?location=Suncadia%20Resort&checkinDate=2020-05-07&checkoutDate=2020-05-09&rooms=1&adults=1&kids=0&corp_id=G-12JW.

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DAY 1 THURSDAY, MAY 7, 202011:30 a.m. Check-in • Walk-in Registration Coffee and Pastry Service

12:25 p.m. Welcome and Introductions by Midyear Co-Chairs

12:30 p.m. New Horizons in (NRD) Claims: How to Assess Client Risk

NRD claims arise when natural resources are injured as a result of an oil spill or the release of hazardous substances into the environment. This presentation will cover a number of new horizons in NRD litigation, including state claims based on groundwater injuries and the potential impact of poly- and perfluoroalkyl substances (PFAS) and other emerging contaminants. It will also suggest ways attorneys can assess and communicate NRD exposure and litigation risk to their clients.

Brian Ferrasci-O’Malley – Nossaman LLP, Seattle

1:15 p.m. The Intersection of Insurance with Sustainable Design and Development

The role of insurance in design and development is not new, but it is evolving as we continue to recognize the pace and impacts of climate change, and prepare for the future. During this interactive presentation, attendees will investigate some of the latest issues, products and developments, and learn to identify and manage these issues with robust strategies and best practices. 

Nicole DeNamur – Sustainable Strategies PLLC, Seattle

2:00 p.m. BREAK

2:15 p.m. Gas Station on WheelsOn-demand mobile fueling, where a company comes to refuel your car after you request it on a phone app, is gaining popularity, and most large cities have companies doing it—some legally and some illegally. This presentation will describe the development history of this popular service, how it’s being regulated, and questions that still remain. Copresenters Andrew Klein and Joe Okpaku will take the audience on a fascinating journey of a Seattle start-up that paved the regulatory landscape throughout the nation.  As mobile fueling is permitted statewide in WA beginning in July 2020, this is a timely and relevant presentation.

Andrew Klein – A S Klein Engineering, PLLC, Pasco

Joseph Okpaku – Booster Fuels, San Mateo, CA

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3:00 p.m. Where Science Meets the Law: Consultants and Attorneys Partnering on Real Estate Transactions

Through the medium of role play, panelists will explore real world examples of how attorneys and consultants can foster partnerships and effectively work together throughout the various stages of managing a contaminated site. A hypothetical PCE-contaminated site will support scenarios involving the purchase of the property and subsequent litigation.

Ryan Bixby – SoundEarth Strategies, Seattle

Mike Ehlebracht – Hart Crowser, Seattle

Alexandra Kleeman – Stoel Rives, Seattle

David Ubaldi – Davis Wright Tremaine LLP, Bellevue

Moderator: James Graves – Stoel Rives, Seattle

4:15 p.m. Hot TopicsOrcas shine spotlight on the salmon recovery crisis and spur unprecedented actions to address water quality, vessel traffic and habitat protection. This session will discuss these developments as well as other topics related to federal environmental regulatory rollbacks, trends in water resources management and the dance between our three branches of government regarding Washington’s ability to regulate carbon emissions.

Maia D. Bellon – Cascadia Law Group, Olympia

5:15 p.m. Adjourn DAY 1

5:30 – 7:00 p.m. Reception No-Host Cocktail Reception and hors d’oeuvres

5:45 p.m. Keynote Speaker: “Will Little Data Raise Big Questions?”

Craig Kenworthy

Executive DirectorPuget Sound Clean Air Agency

DAY 1 CONTINUED

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DAY 2 FRIDAY, MAY 8, 20207:30 a.m. Late Check-in • Walk-in Registration Coffee and Pastry Service

7:55 a.m. Welcome and Introductions by Midyear Co-Chairs

8:00 a.m. A Year in Review: Environmental Case Update 2020

This session will review the significant environmental cases in both federal and state court relevant to Washington environmental law practitioners.

Kirstin Gruver – Beveridge & Diamond, Seattle

Allyn Stern – Beveridge & Diamond, Seattle

9:00 a.m. Legislative Update from Washington’s 2019 - 2020 Sessions

Updates on bills that were enacted during Washington’s 2019 and 2020 legislative sessions. This presentation will address a variety of natural resource, environmental, energy, and land use topics.

Rob Hatfield – Office of Program Research, Olympia

Jacob Lipson – Office of Program Research, Olympia

10:00 a.m. BREAK

10:15 a.m. Regulatory Takings and Substantive Due Process after Yim

For decades the Washington Supreme Court held that regulatory takings and substantive due process claims under the Washington Constitution should be treated just like the same claims under the U.S. Constitution. But the analyses the Court invoked were not the ones federal courts used. Yim I and Yim II fixed that. The Court recognized and adopted the actual federal analyses and overruled Washington case law to the extent it advanced incorrect analyses. This session explains the pre-Yim quagmire in Washington law, how the Yim cases set up the issues, and the actual federal law Washington now follows.

Roger Wynne – Seattle City Attorney’s Office, Seattle

11:00 a.m. Why Transit Oriented Development?As Washington state and local governments try to address issues regarding growth, affordable housing, and transportation, regulatory and development leaders are increasingly turning to Transit Oriented Development for solutions. This presentation will provide an overview of TOD, the critical role local governments play in facilitating TOD, the role of Sound Transit, and how lawyers can help create TOD.

Nicole De Leon – Cairncross & Hempelmann, Seattle

John Hempelmann – Cairncross & Hempelmann, Seattle

12:00 p.m. LUNCH BREAK

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1:15 p.m. Land Use Case Law Update—A Dozen Cases to Know (2020)

In the past year, federal and Washington state courts have made significant decisions relating to land use law. This session will provide a summary overview of the top land use cases, from Boise to Yim, which address takings law, homelessness, the Growth Management Act (GMA), and the State Environmental Policy Act (SEPA).

Emily Miner – Ogden Murphy Wallace P.L.L.C., Seattle

Kyler M. Danielson – Lakeside Industries, Inc., Issaquah

2:00 p.m. Land Use and Licensing: Opportunities and Obstacles for Marijuana Businesses

It’s no secret that the marijuana industry is heavily regulated, but what may be surprising is the degree to which state and local land use laws restrict marijuana businesses. This session will explore how marijuana businesses can navigate the myriad land use requirements that apply to them and also provide an update on litigation involving the processing of permit and license applications for marijuana businesses.

Andy Murphy – Miller Nash Graham & Dunn LLP, Seattle

2:30 p.m. BREAK

2:45 p.m. PFASs in Washington—A Primer on the “Forever Chemicals”

Polyfluorinated and perfluorinated substances, more commonly known as PFASs, are gaining attention in the media as a health and environmental risk. PFASs are found in myriad useful products, from clothing to food packaging to building materials, and they have been found in drinking water supplies across the country at levels exceeding an EPA health advisory. This panel will provide a primer on PFASs history and chemistry, and the response by various stakeholders, including EPA, Washington Departments of Ecology and Health, water suppliers, and the courts to PFAS contamination, and the likely impacts PFASs will have on water supply and treatment, site remediation, and environmental litigation for years to come.

Ivy Anderson – Office of the Attorney General, Olympia

Jeff Kray – Marten Law LLP, Seattle

DAY 2 CONTINUED

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3:45 p.m. ESA and NEPA Reform: A Closer Look at the Trump Administration’s New ESA Regulations and Proposed NEPA Rulemaking

Over the past year, this administration has finalized or proposed sweeping regulatory reform that could fundamentally change the implementation of some of environmental law’s bedrock statutes. This session will review the U.S. Fish and Wildlife Service’s and National Marine Fisheries Service’s final rule overhauling certain aspects of its ESA implementing regulations. We will also explore the Council on Environmental Quality’s recent proposed changes to its NEPA implementing regulations; the first major change to its regulations in more than three decades. The session will discuss key aspects of the aforementioned rulemakings, context in the regulatory landscape, and what to expect moving forward.

Endre Szalay, K&L Gates – Seattle

4:15 p.m. BREAK

4:20 p.m. ELUL Section Annual Meeting

4:35 p.m. Adjourn DAY 2

DAY 3 Saturday, May 9, 20207:30 a.m. Late Check-in • Walk-in Registration Coffee and Pastry Service

7:55 a.m. Welcome and Introductions by Midyear Co-Chairs

8:00 a.m. MTCA’s 30th Anniversary—Case Law, Legislation, and Rulemaking, Oh My!

A fast and furious rundown of all things MTCA! Cases from the past year, the MTCA reform bill passed in 2019, the Voluntary Cleanup Program’s new expedited review program, and Ecology’s update to the MTCA regulations.

Allyson Bazan – Office of the Attorney General, Olympia

8:45 a.m. Ethics in Environmental and Land Use LawThis session will explore challenging situations in environmental and land use practice and will provide practice pointers on key ethical issues.

Andy King – PKG Law, P.S., Seattle

9:45 a.m. BREAK

DAY 2 CONTINUED

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Seattle, WAPermit No. 2204

Washington State Bar Association1325 4th Avenue, Suite 600Seattle, WA 98101-2539

Invested in your success.™WSBA CLE|

10:00 a.m. The Role of Courts in Checking Agency Decisions: How Kisor v. Wilkie Changes the Deference Landscape

This presentation will consider how courts use administrative law doctrines to check regulatory environmental decisions.  In particular, the presentation considers how lower courts have responded over the last year to the U.S. Supreme Court’s 2019 decision in Kisor v. Wilkie, which articulated a more rigorous standard for agency’s to receive deference for interpretations of their own ambiguous regulations.

Professor Sanne Knudsen – University of Washington School of Law, Seattle

10:45 a.m. Updates from the Hearings BoardsThis session will provide an overview of the most significant cases that have been adjudicated in the past year by the Pollution Control Hearings Board and the Shoreline Hearings Board.

Margaret Lee – Environmental and Land Use Hearings Office, Olympia

Neil Wise – Environmental and Land Use Hearings Office, Olympia

11:30 a.m. Trump v. The Clean Water Act: An Update on EPA’s Attempts to Limit Both WOTUS and State Authority Under the CWA

In the last year, the EPA has drastically limited the jurisdiction of the Clean Water Act as well as the scope of state authority under Section 401 of the Act. This session examines the details of these efforts and looks at the legal frameworks that will define the inevitable court battles to come.

Kelly Wood – Office of the Attorney General, Seattle

12:15 p.m. Adjourn Conference

DAY 3 CONTINUED

2020 ENVIRONMENTAL AND LAND USE LAW SECTION

Midyear Meeting & ConferenceTHURSDAY – SATURDAY MAY 7 – 9, 2020Suncadia Resort3600 Suncadia TrailCle Elum, WA 98922