Today’s Issues and Tomorrow’s ReformsSuperfund Master Class:

JUNE 15, 2016THE GWEN HOTEL

CHICAGOPhoto by Choose Chicago

WWW.SHOPABA.ORG/ENVIRONSUPERFUND

Section of Environment, Energy, and ResourcesSuperfund Master Class: Today’s Issues and Tomorrow’s Reforms 2

Superfund Master Class:Today’s Issues and Tomorrow’s Reforms

June 15, 2016The Gwen • Chicago, IL

The Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) is 35 years old and experiencing an early mid-life crisis. Beginning in 2005, a series of U.S. Supreme Court and appellate-level cases have challenged what we thought we knew about divisibility, arranger liability, the difference between cost recovery and contribution, and the applicability of statutes of limitation and repose. The “fund” part of the Superfund law dried up long ago and fiscal issues are abundant, including not only stagnant or shrinking government resources but financial assurance, bankruptcy, natural resource damages (NRD), and perpetual cleanup concerns for private industry. And, of course, the sites themselves keep getting bigger, more complicated, and much more expensive – think Portland Harbor, the Passaic and Fox Rivers, or the San Gabriel Valley, to name a few of the current crop of “mega” sites.

This one-day Superfund Master Class is a must attend for experienced Superfund practitioners. Leaders from the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) will come together with their non-governmental counterparts to discuss, and perhaps find solutions to, emerging and continuing legal issues and obstacles within the CERCLA context. The format will encourage interactivity, and a key goal for the day will be identifying paths forward to develop consensus on improvements to the Superfund process. CERCLA is not going away, and the next 35 years must be as or more efficient and effective than the first.

2016 ANNUAL SPONSORS

PROGRAM PLANNING CO-CHAIRS

Larry Kyte, U.S. Environmental Protection Agency, Region 5, Chicago, ILKate Whitby, Spencer Fane, St. Louis, MO

Photo by Choose Chicago

PLANNING COMMITTEE

Helena Healy, Office of Site Remediation Enforcement, U.S. Environmental Protection Agency, Washington, DCNanci Klinger, Sr. Deputy City Attorney, City of Portland, Portland, OR

Russ Randle, Squire Patton Boggs, Washington, DCJeffrey Spector, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC

Section of Environment, Energy, and ResourcesSuperfund Master Class: Today’s Issues and Tomorrow’s Reforms 3

7:30 a.m. – 8:30 a.m. Registration Opens Continental Breakfast

8:30 a.m. – 8:35 a.m. Welcome and Opening Remarks

8:35 a.m. – 8:55 a.m.Keynote Address: Preparing Superfund for the Next GenerationFrom Love Canal to Gowanus Canal and on to the future. When the 2051 Superfund Master Class meets, what will they look back on as the most significant successes of Superfund over the last 35 years? Deputy Assistant Attorney General, Bruce Gelber (who began his career as lead counsel for the federal government at the Love Canal landfill) shares his perspective from 30 years at the U.S. Department of Justice.

Speaker:Bruce S. Gelber, Deputy Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC

8:55 a.m. – 10:00 a.m. Thirty-Five Years of Superfund: What Have We Achieved and What Is In Store?Leading environmental lawyers from government and industry will discuss how the Superfund environmental practice has evolved and what lessons have been learned over the 35 years since CERCLA’s enactment, particularly in the wake of Burlington Northern and Atlantic Research. The panelists will put particular emphasis on how the current state of the statute is impacting, and likely will continue to impact, the Superfund community.

Moderator:Marcia E. Mulkey, Visiting Scholar, Beasley School of Law of Temple University, Philadelphia, PA

Speakers:Karl S. Bourdeau, Beveridge & Diamond PC, Washington, DCMarianne Horinko, The Horinko Group, Washington, DCCyndy Mackey, Director, Office of Site Remediation Enforcement, Washington, DC

10:00 a.m. – 10:20 a.m. Networking Break

10:20 a.m. – 12:00 p.m. Challenges on the Administrative Side of SuperfundThe hope and goal for every Superfund site is to proceed smoothly through the various stages of the administrative (i.e., not litigation) side of the Superfund process, including investigation and study, remediation, restoration or mitigation, maintenance, reuse and delisting. As with most of life, achieving this hopeful goal often is more aspirational than experiential, and this panel will discuss some of the myriad issues that can impact a Superfund site, including: mega-sites (sediments, groundwater, watersheds); mining sites (orphan sites and good Samaritan laws); financial assurance (industry regulations are coming for hardrock mining and others, plus multi-party settlement issues); allocation (orphans/defuncts/bankrupt/last man standing and reallocation, plus municipalities and other governmental PRPs); and achieving administrative or judicial settlements (finality, insurance proceeds, statutes of limitation, and the one site rule).

Moderator:David C. Batson, AlterEcho, Washington, DC

Speakers:Megan Conlon McCulloch, The Dow Chemical Company, Midland, MIJames Woolford, Director, Office of Superfund Remediation and Technology Innovation, Office of Land and Emergency Management, U.S. Environmental Protection Agency, Washington, DCPatty Dost, Pearl Legal Group PC, Portland, OR

SCHEDULE - WEDNESDAY, JUNE 15, 2016

Join us on Tuesday, June 145:00 p.m. - 6:30 p.m. for

a reception (cash bar)

Section of Environment, Energy, and ResourcesSuperfund Master Class: Today’s Issues and Tomorrow’s Reforms 4

12:00 p.m. – 1:15 p.m. Luncheon Address: A Blueprint for Enactment of Consensus Superfund ReformAlthough congressional dysfunction has made legislative updates to environmental laws very hard, experience in 1992 (the lender liability protections) and again in 2002 (the Brownfields amendments) shows that Congress can enact consensus changes to fix specific problems with the Superfund program. Former Congressman Jim Matheson, who served on key environmental committees in the House during his fourteen years in Congress, will share his insights and experience about successful efforts to enact consensus updates to key environmental legislation, and ways to build such consensus for focused improvements in the Superfund program.

Speaker:The Honorable James (Jim) David Matheson, Squire Patton Boggs (US) LLP, Washington, DC 1:15 p.m. – 2:45 p.m. Challenges on the Litigation Side of SuperfundSometimes the administrative process fails in whole or in part and you just have to fight it out.  This panel will discuss many of the significant issues faced by Superfund litigators today, including: cost recovery; contribution; natural resource damages; statutes of limitation and repose; “arrangers” and “intent to dispose;” divisibility vs. equitable apportionment; and issues of evidence and proof. This is the Superfund litigation update you’ve been waiting for!

Moderator:Bradley M. Marten, Marten Law PLLC, Seattle, WA

Speakers:Timothy Conway, Attorney-Advisor, Office of Environmental Stewardship, U.S. Environmental Protection Agency, Region 1, Boston, MASuzanne (Shoshana) Schiller, Manko, Gold, Katcher & Fox LLP, Bala Cynwyd, PAKaren Mignone, Verrill Dana LLP, Westport, CT

2:45 p.m. – 3:05 p.m. Networking Break

3:05 p.m. – 4:35 p.m. Preparing Superfund for the Next Generation (AGAIN)So, what has today taught us all about the current status of Superfund and next steps for the future? This closing session will quickly summarize the ideas, successes, and challenges identified by the prior sessions’ panelists and attendees and, using those sessions as a base, build on them to explore what in CERCLA is working acceptably and what could be improved. By engaging the conference panelists and attendees in an interactive discussion about those successes and challenges, the group as a whole will consider possible routes to improvement, including administrative, regulatory, judicial, or legislative solutions, and if sufficient interest exists, begin the process of forming multi-interest work groups (from government, academia, private practice, the courts, NGOs, the public, etc.) to propose and follow through on action items. This Superfund Master Class will not be a standard “talking heads” conference, and this final session should be the liveliest of the day.

Moderators:Russ Randle, Squire Patton Boggs, Washington, DCJeffrey Spector, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC

Speakers:Bruce S. Gelber, Deputy Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DCPatty Dost, Pearl Legal Group PC, Portland ORCyndy Mackey, Director, Office of Site Remediation Enforcement, U.S. Environmental Protection Agency, Washington, DC

4:35 p.m. Conference Concludes

Section of Environment, Energy, and ResourcesSuperfund Master Class: Today’s Issues and Tomorrow’s Reforms 5

REGISTRATION INFORMATION

Location and LodgingThe Superfund Master Class Conference will take place at The Gwen Hotel, 521 N. Rush St., Chicago, IL 60611. A block of rooms has been reserved at the discounted rate of $285 plus tax for single/double rooms. The deadline for room reservations at the discounted rate is Monday, May 23, 2016. To book our contracted rate, call reservations at (800) 325-3589 or the hotel directly at (312) 645-1500. Be sure to mention the ABA SEER Superfund Conference to receive the discounted room rate. For more information visit our travel page.

Advance RegistrationWe encourage you to register online at www.shopaba.org/environsuperfund. You can also retrieve a registration form online. Please mail the form with your check (payable to the American Bar Association) or credit card information to: American Bar Association, Attn: Service Center – Meeting/Event Registrations Department, 321 N. Clark St., Fl. 16, Chicago, IL 60654 or to our secure fax number: (312) 988- 5850. All attendees must be pre-registered for this conference to participate. The deadline for receipt of registration is Wednesday, June 1, 2016. Registrations received after Wednesday, June 1, 2016 will include an additional administrative fee of $25.

Attention ABA Members!If you are an ABA member but not a member of the Section of Environment, Energy, and Resources, please note that your conference registration fee ($475 on or before 6/1/16 or $500 after 6/1/16) now includes Section membership, a $75 value! You will be automatically enrolled in the Section of Environment, Energy, and Resources. ABA Membership is a prerequisite for 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 during the past two years.

Group DiscountLaw firms and other organizations registering three or more attendees are eligible for a group discount. Prior arrangements must be made with Dana Jonusaitis, at Dana.Jonusaitis@americanbar.org or (312) 988-5602. All registrations for a group discount must be received together. Discounts will not be applied retroactively. Discounted rates granted to speakers, sponsors, or tuition waiver candidates do not count towards group discount opportunities.

Law Student Scholarship OpportunityA limited number of scholarships are available to law students interested in attending the entire conference and volunteering. To be considered, you must be a member of the ABA Section of Environment, Energy, and Resources. Visit www.ambar.org/ EnvironLawStudents to submit an application. Applications must be submitted by Wednesday, May 4, 2016, to be considered. This scholarship does not include lodging or transportation. For questions, contact John Sturk at (312) 988-5577 or John.Sturk@ americanbar.org.

Conference Course Materials and Registration Fee InformationCourse materials and related background information will be provided to attendees online prior to the conference. You may wish to bring a laptop, netbook, or tablet to view the materials as complimentary wireless internet access will be available. The registration fee covers course materials and breakfast, lunch and breaks.

Cancellation PolicyRegistrants who are unable to attend the conference will receive a refund less a $50 administrative fee if written notice of cancellation is received by Wednesday, June 1, 2016. Cancellations must be emailed to Dana Jonusaitis at Dana.Jonusaitis@americanbar.org. No refunds will be granted after Wednesday, June 1, 2016. Registration fees are not transferable to other Section or ABA programs; however, substitutions for the conference are acceptable. The ABA reserves the right to cancel any conference and assumes no responsibility for personal expenses.

CLE CreditThe ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, PR, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit www.shopaba.org/environsuperfund or contact Dana Jonusaitis at Dana.Jonusaitis@americanbar.org or (312) 988-5602.

Tuition AssistanceA limited number of registration fee waivers or discounts are available. Preference will be given to government employees, public interest lawyers employed with nonprofit organizations, academics, solo or small firm practitioners of limited means, and unemployed lawyers. To apply, complete the online application by visiting www.shopaba.org/environsuperfund and clicking Registration by Wednesday, May 4, 2016. Questions? Contact Dana.Jonusaitis@americanbar.org or (312) 988-5602.

Achieving Carbon NeutralityCalculated with great care, the Section estimates that the average conference attendee’s participation will generate approximately one metric ton of carbon emissions. Help offset your carbon footprint by adding the cost of a one-ton carbon credit from a verified offset project that will reduce greenhouse gases.

Americans with Disabilities ActIf any special arrangements are required for a disabled individual to attend this conference, please contact Dana Jonusaitis at Dana.Jonusaitis@americanbar.org or (312) 988-5602 by Wednesday, June 1, 2016.

Dietary RestrictionsIf you have any dietary restrictions, contact Dana Jonusaitis at Dana.Jonusaitis@americanbar.org by Wednesday, June 1, 2016, so that your needs are noted.

Section of Environment, Energy, and ResourcesSuperfund Master Class: Today’s Issues and Tomorrow’s Reforms 6

SAVE TIME BY REGISTERING FOR THIS CONFERENCE ONLINE. VISIT, WWW.SHOPABA.ORG/ENVIRONSUPERFUND

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Superfund Master Class: Today’s Issues and Tomorrow’s Reforms

June 15, 2016 • The Gwen • Chicago, IL

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If you are an ABA member but not a member of the Section of Environment, Energy, and Resources, please note that your conference registration fee of $475 now includes Section membership, a $75 value! You will be automatically enrolled in the Section of Environment, Energy, and Resources. 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 during the past two years.

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