Environmental Law, Land Use, Energy and Litigation

36th Annual National CLE & Ski Conference

January 2-6, 2019

The Westin Snowmass Resort, 100 Elbert Lane, Snowmass Village, CO

Program Agenda: Environmental Law, Land Use, Energy and Litigation

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
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 Clean Water Act and RCRA citizen suits, buying and selling dirty property, energy industry changing perspectives on federalism, accessory dwelling units, challenges for condominium and other homeowner associations, shoreline protection designs and approaches for coastal properties, takings claims and the federal courts, update on important land use decisions, real estate development update, key legal challenges in finding adequate water supply for municipalities and water intensive businesses, and stakeholder engagement in risk and crisis communication.

Wednesday, January 2, 2019

3:00 – 7:00 p.m.

Registration

4:30 – 5:30 p.m.

Citizen Suit Enforcement of the Clean Water Act and RCRA – Recent Developments

Timothy R. Henderson, Rich & Henderson PC, Annapolis, MD

5:30 — 6:30 p.m.

Buying and Selling Dirty Property with Special Attention to Indemnification Clauses

Gregor I. McGregor, McGregor & Legere, PC, Boston, MA

Thursday, January 3, 2019

7:00 – 8:00 a.m.

Recent Developments Regarding the Energy Industry and Changing Perspectives on Federalism

Jonathan D. Schneider, Stinson Leonard Street LLP, Washington, DC

8:00 -9:00 a.m.

Accessory Dwelling Units and Short Term Vacation Rentals: The End of the Single Family Home as We Know It

Government Policy and Regulation
Affordable Housing, Equal Protection, Coastal Access, and Other Priorities
and More

Robin Lewis, Assistant City Attorney, City of Santa Barbara, Santa Barbara, CA

4:30- 6:30 p.m.

Plenary Session – Much 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 4, 2019

7:00 – 8:00 a.m.

Challenges for Condominium and Other Homeowner Associations: Green Lawns, Landscaping, Energy Efficiency, Solar Panels, Storm Water, Electric Vehicles, Short-Term Rentals, and More

Mary Goodhue Deutsch, Deutsch & Associates, Escondido, CA

8:00 – 9:00 a.m.

Shoreline Protection Designs and Approaches for Coastal Properties: Compliance in the Face of Rising Seas and Stricter Regulations

“Living Shorelines” and the Latest Innovative, Nature-based Stabilization
Design and Construction Methods Anticipating Evolving Environmental Regulations
Examples of Legally Compliant, Nature-based, Successful Installations in New England

Seth Wilkinson, President and Restoration Ecologist, Wilkinson Ecological Design, Inc., Orleans, MA

3:20 – 4:20 p.m.

Bonus Plenary Session – CTE and Mild Traumatic Brain Injury: An Update and a Litigator’s Protocol

Larry J. Cohen, Ph.D., J.D., Cohen’s Counsel, Bethel, VT

4:30 – 5:30 p.m.

Takings Claims and the Federal Courts: Assessing the Practical Implications of the Supreme Court’s Impending Decision in Knick v. Township of Scott

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

5:30 – 6:30 p.m.

Annual Update on Important Land Use Decisions in the United States

Kathleen O’Donnell, Esq., Milton, MA

Saturday, January 5, 2019

7:00 – 8:00 a.m.

Real Estate Development Update, Including Opportunity Zones

Fred L. Schubkegel, Varnum LLP, Kalamazoo, MI

8:00 – 9:00 a.m.

Key Legal Challenges in Finding Adequate Water Supply for Municipalities and Water Intensive Businesses

Craig N. Johnson, Deputy General Counsel, Platte River Power Authority, Fort Collins, CO

4:30 – 6:30 p.m.