Environmental Law, Land Use, Energy and Litigation

35th Annual National CLE & Ski Conference



Program Agenda:

Environmental Law, Land Use, Energy and Litigation


January 3-7, 2018, Marriott Vail Mountain Resort & Spa  


Program Co-Chairs:
Gregor I. McGregor, McGregor & Legere, PC, Boston, MA
Timothy R. Henderson, Rich & Henderson PC, Annapolis, MD
Brian J. Connolly, Otten Johnson Robinson Neff + Ragonetti PC, Denver, CO


  • Gain Insights from Experts on Important Environmental, Land Use and Energy Issues in a Fun Learning Environment
  • Network with Program Faculty Comprised of National Experts from Across the Country
  • Take Advantage of this Unique Opportunity to Catch Up on Current Environmental, Land Use and Energy Issues, Including Citizen Suits, Changing Perspectives on Federalism,  Local, State, and Regional Climate Policies and Actions, HOA Governance and Land Use/Environmental Matters, Past, Present and Future Aesthetic Land Use Regulation, Land Use Case Law, Conservation Easements, Tax Tips,  Real Estate Development Prospects Under the Trump Administration, Development Agreements, Chemical Releases to the Environment and Implications, and Regulatory Taking Law Developments


Wednesday, January 3, 2018


3:00 – 7:00 p.m.                     



4:30 – 6:30 p.m.                    

Citizen Suits under the Federal Environmental Laws


Citizen Suits, Injunctions and Legal Fees: Plaintiff Perspective      
Christopher M. Kilian, Vice President, Vermont Director, Program Director, Clean Water and Healthy Forests Program, Conservation Law Foundation, Montpelier, VT
Lessons for Defendants in RCRA Citizen Suits Against Recyclers and Landowners – Beneficial Use Versus Sham Recycling and the Permit Shield  
Timothy R. Henderson, Rich & Henderson PC, Annapolis, MD                                                                                     


Thursday, January 4, 2018

7:00 – 9:00 a.m.                   

Energy Industry and Changing Perspectives on Federalism: A Vacuum in Washington Filled by State Momentum Toward a Carbon-Reduced Future and Regional-Focused Climate Policies              
Jonathan D. Schneider, Stinson Leonard Street LLP, Washington, DC

The Path Forward for Local, State, and Regional Climate Policies and Actions: Obstacles & Solutions

Aladdine Joroff, Clinical Instructor and Staff Attorney, Environmental Law & Policy Clinic, Harvard Law School, Boston, MA                                     


4:30- 6:30 p.m.                       

Plenary Session – More Fun with Ethics at the Movies
Larry J. Cohen, Ph.D., J.D., Cohen’s Counsel, Bethel, VT


6:30 p.m.                                 

Wine Reception

Friday, January 5, 2018


7:00 – 8:00 a.m.              

Homeowner Association Governance of Land Use and Environment: From Green Lawns and Lush Landscaping  to Energy Efficiency and Solar Panels to Rain Barrels and Clothes Lines to Vehicle Charging Stations, and More  

Mary Goodhue Deutsch, Deutsch & Associates, Escondido, CA
8:00 – 9:00 a.m.               

Conservation Easements and Other Tax Tips for 2018

John (Jack) C. Sawyer, Taylor English Duma LLP                                               

Bonus Session*
Friday, January 5, 2018
3:20 – 4:20 p.m.


CTE: What It Means for Civil and Criminal Litigation 

  • CTE — What It Is and What It Does to Functioning and Behavior
    • Is It More than a Sports Injury Issue?
  • Detecting CTE — Neurology, Neuropathology, Neuroimaging, Neuropsychology, Biomarkers
  • CTE in Litigation
    • Its Role and Potential Role in Civil and Criminal Litigation
    • Admissibility Issues
  • The Future of CTE in Litigation — A Disorder Along the Concussion Spectrum?
    Larry J. Cohen, D., J.D., Cohen’s Counsel, Bethel, VT

4:30 – 5:30 p.m.               

Assessing the Past, Present, and Future of Aesthetic Land Use Regulation: Historic Preservation, Design Review, Signs, and More

Brian J. Connolly, Otten Johnson Robinson Neff + Ragonetti PC


5:30 – 6:30 p.m.               

Top 10 Land Use Cases of the Year
Dwight H. Merriam, Robinson & Cole LLP, Hartford, CT

Saturday, January 6, 2018

7:00 – 8:00 a.m.               

Real Estate Development Prospects under the Trump Administration: The Developer in Chief
Fred L. Schubkegel, Varnum LLP, Kalamazoo, MI


8:00 – 9:00 a.m.             

Municipalities and Developers: The Latest on Mutually Beneficial Development Agreements
Sarah Rockwell, Kaplan Kirsch & Rockwell LLP, Denver, CO                


4:30 – 5:30 p.m.                

Recent Developments in Assessing Chemical Releases to the Environment and Implications for Redevelopment, Land Use, and Liability    

Michael R. Garry, Ph.D.  Exponent, Bellevue, WA 

5:30 – 6:30 p.m.              

Update on Regulatory Taking Law: Supreme Court Cases on the Outer Limits of Federal, State and Municipal Land Use Controls and Environmental Regulation            
Gregor I. McGregor, McGregor & Legere, PC, Boston, MA


Sunday, January 7, 2018


Plenary Sessions


Sunday, January 7, 2018


Plenary Sessions


7:00 – 8:00 a.m.    

The Ethical Boundaries of Adversary Investigations

  • Addressing the Need for Information about Your Adversaries, Including Such in Intellectual Property Disputes
  • Investigative Techniques Generally, and Use of Private Investigators, Specifically  
  • Applicable Law and Rules, Including Rules 4.1 (a), 4.2, 4.3, 4.4(a), 8.4(c), and 5.3 of the ABA Model Rules of Professional Conduct
  • Potential Penalties and Consequences for Violations
  • Case Analyses and Hypotheticals

Presented by Michael Chiappetta, Senior Legal Editor, Intellectual Property & Technology, Practical Law, New York, NY.  Your speaker will share with you his experiences in the intellectual property practice area along with how such ethical considerations may apply in other practice areas and other practice area examples
8:00 – 9:00 a.m.    
E-Discovery and Ethical Considerations
Gregory MacFarlane, JD, Legal Consultant│E-Discovery Specialist, Thomson Reuters, New York, NY



* Hot topic presentation that we would like everyone to have the opportunity to attend so we are offering it as a bonus session for which attendees will need to individually submit for CLE credit should they wish CLE credit for attending, and that we are happy to answer questions regarding such.

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