Program Chair:

Susan Anthony
Milwaukee Metropolitan Sewerage District
Milwaukee

Faculty:

Jodi Arndt Labs
Law Firm of Conway, Olejniczak & Jerry S.C.
Green Bay

Charles M. Denton
Barnes & Thornburg LLP
Grand Rapids, MI

Kristin Hart
Wisconsin Department of Natural Resources
Madison

Susan Hedman
Clean Wisconsin
Madison

Leslie A. Freehill
Pines Bach LLP
Madison

Christopher J. Jaekels
Davis & Kuelthau, S.C.
Milwaukee

Paul G. Kent
Stafford Rosenbaum LLP
Madison

Jeffrey A. Mandell
Stafford Rosenbaum LLP
Madison

Daniel C. W. Narvey
Godfrey & Kahn, S.C.
Milwaukee

Professor Brian W. Ohm, J.D.
Department of Urban & Regional Planning
University of Wisconsin-Madison/Extension
Madison

Timothy J. Pierce
State Bar of Wisconsin
Madison

Sarah A. Slack
Foley & Lardner LLP
Madison

Christa Westerberg
Pines Bach LLP
Madison

8:00 a.m. : Registration

8:30 a.m. : Keynote Address: State of the State on Local Control: Local Government Efforts to Regulate Environmental Activities

• Frac Sand Mining
• Large Scale Agriculture
• Wind Energy Facilities
• Wetlands
• And more

Professor Brian Ohm, J.D.

9:30 a.m. : Executive Orders and Other Regulatory Changes under the Trump Administration and Related Litigation

• Overview of Executive Orders and Rule Repeals relating to Environmental Law
• Waters of the United States under the Clean Water Act
  o Status of the Obama rule and related litigation
  o President Trump’s subsequent Executive Order: “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule”
  o The U.S. Supreme Court Decision in U.S. Army Corps of Engineers v. Hawkes Company
• The “Energy Independence” executive order and the Clean Power Plan

Leslie A. Freehill, Christa Westerberg

10:15 a.m. : Break

10:30 a.m. : Air Update

• Updates on:
  o Status of Fine Particulate Strategy
  o Implementation by Wisconsin DNR of the 1 hour NOx and SO2 Standards

Kristin Hart

11:30 a.m. : The 2016 Amendment to the Toxic Substances Control Act (TSCA)

On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act was signed into law. The Act overhauled the principal federal statute governing the manufacture and use of chemicals. Learn about:

• Changes to the law
• The ongoing implementation of the Act
• How this all impacts manufacturers, processors, and downstream users of chemicals

Daniel C. W. Narvey

12:00 p.m. : Lunch - Networking Opportunity - Meet the Speakers

All attendees at the live seminar are invited to enjoy a complimentary lunch sponsored by the State Bar of Wisconsin’s Environmental Law Section.

1:00 p.m. : A Primer on Citizen Suits under Federal Environmental Statutes: How to bring; how to defend; when are attorneys’ fees awarded?

As federal and state environmental enforcement budgets continue to decline, there may be an increase in citizen suits to fill the gap. Are you ready? Two experienced environmental litigators discuss the citizen suit process from start to finish:

• Federal citizen suit provisions
• Standing to file citizen suits
• Notice letters
• Trying the case
• Injunctive Relief and Penalties
• Attorney fees

Charles M. Denton, Susan Hedman, Sarah A. Slack

2:15 p.m. : Update on Takings and Implications of the U.S. Supreme Court Ruling in
Murr v. Wisconsin

Jeffrey A. Mandell

2:45 p.m. : Changes on the Waterfront: Shoreland Zoning and Riparian Rights

• An overview of the recent legislative restructuring of shoreland zoning
• Revisions to shoreland zoning minimum standards and nonconforming structure provisions
• Recent riparian rights case law
• Issues associated with lakefront redevelopment

Paul G. Kent

3:15 p.m. : Break

3:30 p.m. : Ethical Issues Arising during Emergency Environmental Lawyering Today

• While emergency situations do not alter the basic duties of diligence or competence, the Model Rules now acknowledge that special rules may apply in emergencies.
• Discover how emergency situations affect these duties.
• Includes a panel discussion on:
  o Duty of Lawyer Competence
  o Duty of Thoroughness and Preparation
  o Permissive Disclosures
  o Duty to Render Candid Advice

Jodi Arndt Labs, Christopher J. Jaekels, Timothy J. Pierce

4:20 p.m. : Question and Answer

4:30 p.m. : Program Concludes

• Learn about local government efforts to regulate environmental activities in Wisconsin
• Find an overview of federal regulations, executive orders, and litigation affecting water laws
• Explore recent legislative changes to Wisconsin's shoreland zoning and riparian rights
• Discover key takeaways from the recent U.S. Supreme Court decision in Murr v. Wisconsin
• Understand the changes being implemented by the amended Toxic Substances Control Act
• Know the importance of ethics in emergency environmental lawyering
• Gain insight into citizen suits under federal environmental statutes
• Receive an update on important air issues

• Environmental law attorneys
• Real estate lawyers
• Agricultural law attorneys
• Business lawyers
• Municipal law attorneys
• Construction law practitioners
• Government lawyers