2019 Environmental Law Conference at Yosemite®

• Session 1: #ChooseCourage – Kori Carew
• Session 10: The U.S. Supreme Court and Environmental Law—What Can We Expect from the Supreme Court as It Deals with Environmental Issues?—Erwin Chemerinsky
• Session 19: In Conversation with California’s Top Environmental Regulators—Jared Blumenfeld and Wade Crowfoot

Remember to check in and grab your name tag!

Welcome to the 28th Annual Environmental Law Conference at Yosemite® reception sponsored by Greenberg Glusker LLP, Burke, Williams & Sorensen LLP, GSI Environmental Inc. and Geosyntec Consultants. To RSVP, select Ticketed Event #28.

Didn’t make it in on Thursday? No worries! Check in and remember to pick up your name tag.

Start your day with a delightful cup of coffee sponsored by Environmental General Counsel LLP.

RSVP for this complimentary breakfast on the registration form. Select Ticketed Event #29. Breakfast sponsored by Hanson Bridgett LLP. Mid-morning refreshment break sponsored by Downey Brand LLP, Mintz, and Shute, Mihaly & Weinberger LLP.

1 Hour MCLE Recognition and Elimination of Bias in the Legal Profession and Society

The environmental legal profession chronically lacks diversity. Kori Carew will discuss the potential for a shift in strategy to encourage and increase diversity in the profession. This shift will involve creating an environment of inclusion, courage, and authenticity, which fosters excellence and furthers valuable professional relationships. Embracing this new strategy can also improve advocacy efforts and better meet clients’ evolving demands. Finally, adopting a successful program that promotes inclusion and a sense of belonging helps law firms and other organizations compete.

Kori Carew is a people inclusion strategist, advocate, speaker, writer, status quo disruptor, child of God, wife and mother of two curly-haired, wise, energetic, fierce, spitfire daughters. Ms. Carew led efforts related to the firm Shook, Hardy & Bacon’s diversity and inclusion program.

Session 2: Uncooperative Federalism

1.5 Hours MCLE

The U.S. Bureau of Reclamation has released its biological assessment for Central Valley Project operations, stating that the proposal will “maximize water supply delivery and optimize power generation consistent with applicable laws.” Environmental groups call it a “plan for extinction.” The Bureau is also threatening to refuse to comply with some state requirements in the Delta and proposing to enlarge Shasta Dam notwithstanding limiting provisions of the California Wild and Scenic Rivers Act. This panel will discuss the potential for conflicts in state and federal water policy, requirements for federal compliance with state law and possible responses if the federal government fails to comply.

Moderator: Camille Pannu, UC Irvine School of Law

Panelists:

• Clifford Lee, Office of the Attorney General of California
• Daniel O’Hanlon, Kronick Moskovitz et al.
• Kate Poole, Natural Resources Defense Council

Session 3: Decoding CEQA’s Stand of Review

1.5 Hours of MCLE

Four California Supreme Court decisions in the past five years have established new standards for evaluating the adequacy of environmental documents under the California Environmental Quality Act (CEQA). From the hybrid fair argument/substantial evidence standard of Berkeley Hillside Preservation, to the heightened scrutiny under the substantial evidence standard in Newhall Ranch, the application of the fair argument standard to subsequent environmental review in Friends of the College of San Mateo Gardens, and the distinctions between the de novo standard and the substantial evidence standard articulated in Friant Ranch, the Court has upended traditional thinking about how CEQA’s standards of review work. Leading CEQA experts will discuss the Court’s decisions, how they apply in practice and what they mean for the future.

Moderator: Robert “Perl” Perlmutter, Shute, Mihaly & Weinberger LLP

Panelists:

• Susan Brandt-Hawley, Brandt-Hawley Law Group
• Tiffany Wright, Remy Moose Manley, LLP
• Andrea Ruiz-Esquide, San Francisco City Attorney’s Office

Session 4: Money Doesn’t Grow on Trees: Assessing California’s Response to Increasing Wildfire Threats

1.5 Hours MCLE

Ten of the most destructive fires in California history have occurred since 2015. As a result, Governor Gavin Newsom and the Legislature search for paths to reduce the number and severity of wildfires even as the state faces longer fire seasons. The state is improving access to grants, funding more emergency response training, increasing the number of agencies involved in land management and calling upon the federal government to increase its investment. Even so, are we truly addressing the regulatory and financial obstacles to help at-risk communities and reduce fire risk? This panel will look at historic and current policy and budget recommendations and whether our current momentum is pushing us in the right direction.

Moderator: Ethan Elkind, Center for Law, Energy & the Environment, UC Berkeley School of Law

Panelists:

• Jennifer Montgomery, Governor’s Forest Management Task Force
• Lisa Hillman, Karuk Tribe Department of Natural Resources, Píkyav Field Institute
• Randy Moore, U.S. Forest Service
• Thom Porter, California Department of Forestry and Fire Protection

Session 5: Are DSAYs the New Bitcoin? A Case Study in a Successful Natural Resource Damages Settlement

1.5 Hours MCLE

Potential settlement of CERCLA Natural Resources Damage (NRD) claims involves complex negotiations for natural resource trustees and potentially responsible parties (PRPs). The Pacific Northwest is at the forefront of multiparty CERCLA NRD actions in the marine environment involving federal, state and tribal trustees. This panel will discuss one of the first, and one of the largest, restoration projects on the Lower Duwamish River—almost five acres of mud flat, marsh and riparian habitat—aimed in large part to improve survival and recovery of threatened fish species, including the Puget Sound Chinook salmon and steelhead. The panel will also address the NRD injury assessment process, how NRD injuries are calculated as discounted service acre-years (DSAYs) and allocated and how NRD claims can be settled through several restoration-oriented options available to PRPs.

Moderator: Alan Bick, Bick Law LLP

Panelists:

• Cliff Whitmus, Wood PLC
• Mark Schneider, Perkins Coie, LLP
• Rachel Ann Hankey, US Department of Justice

Session 6: SGMA: GSPs and Groundwater Allocations – What’s a GSA to Do?

1.5 Hours MCLE

As Groundwater Sustainability Agencies (GSAs) grapple with how they will manage pumping pursuant to groundwater sustainability plans (GSPs) required by the Sustainable Groundwater Management Act (SGMA), what rules can or should apply? Are potential tools available to GSAs, such as water trading, dependent on which allocation framework is chosen in the GSP? GSAs are not authorized to determine water rights, and SGMA does not require GSAs to adhere to water rights priorities in the plans they adopt. How should water rights for groundwater extraction and rights to interconnected surface waters or for recovery of surface waters diverted to underground storage be taken into account in GSPs? How does this relate to the recent legislation on groundwater adjudications?

Moderator: Nicole Kuenzi, California State Water Resources Control Board

Panelists:

• Tara Moran, Woods Institute for the Environment, Stanford University
• Valerie Kincaid, O’Laughlin & Paris LLP
• Steve Anderson, Best Best & Krieger LLP

Session 7:Carrots, Sticks or Preemption – Should the State Take a More Active Role in Housing Production?

1.5 Hours MCLE

California’s prosperity has led to increased demand and costs for housing, while housing production has not kept up. In an attempt to address this crisis, the State has recently passed significant legislation to incentivize housing production at the local level, whether by making the housing element system more robust, increasing enforcement avenues or limiting local zoning authority and permitting discretion. This year, there were dozens of proposed housing bills, among them, SB 50 (Wiener), which proposed a streamlined, ministerial approval of certain housing developments, and SB 330 (Skinner), which would ban certain zoning amendments or fee increases in areas of high housing costs and housing shortages. What does this trend towards a larger role for the State in local decision-making mean? This panel will discuss what’s working and what needs to be improved at the state and local levels, and what lessons we can learn from this trend.

Moderator: Jeannie Lee, Governor’s Office of Planning and Research

Panelists:

• Senator Scott Wiener, California State Senate
• Denny Zane, Move LA
• Meea Kang, Council of Infill Builders
• Sam Tepperman-Gelfant, Public Advocates

Session 8: How to Harness the Sun and Wind in Your community

1.5 Hours MCLE

Sunshine, wind, waves or landfill gas may be the base ingredients, but there is much more to developing a renewable energy project. This panel is a primer for attorneys new to energy law. The panelists will discuss the key legal requirements and permitting concerns for a renewable energy project and introduce the primary agreements entered into to construct and operate a project.

Moderator: Leah Goldberg, Cooper, White & Cooper LLP

Panelists:

• Jane Luckhardt, Northern California Power Agency
• Kristen Thall-Peters, Cooper, White & Cooper LLP
• Ellen Berman, EB Energy Law, Inc.

Session 9: Diversity Roundtable 2.0: Strategies to Create Lasting Inclusion – FULL

1 Hour MCLE Recognition and Elimination of Bias in the Legal Profession and Society

What do we mean when we talk about diversity and inclusion in the field of environmental law and how do we achieve that? Do we focus only on the practitioners, or also the practice? What is the difference between “diversity” and “inclusion” and can we truly have one without the other? This roundtable builds on previous conversations about fostering diversity at the workplace and in the practice and explores strategies to create an equitable and inclusive atmosphere that not only attracts and retains diverse colleagues and leaders, but also embraces long-overlooked perspectives and priorities. This panel will explore best practices for working with diverse clients, communities and concerns, and creating a practice that values and understands the importance of diversity, equity and inclusion.

Moderator: Angela Johnson Meszaros, Earthjustice

Panelists:

• Timothy M. Taylor, Stoel Rives LLP
• Eddie Ahn, Brightline Defense Project
• Angela Mooney D’Arcy, Sacred Places Institute for Indigenous Peoples
• Amanda M. Bettinelli, U.S. Attorney’s Office

Join Senator Wiener for an engaging Q&A over lunch following Session 7. Box lunches may be purchased beforehand at the Harvest & Grounds Deli.

Select Ticketed Event #30.

Senator Scott Wiener represents San Francisco and northern San Mateo County in the California State Senate. Elected in 2016, Senator Wiener focuses extensively on housing, transportation, civil rights, criminal justice reform, clean energy, and alleviating poverty. He chairs the Senate Housing Committee. He previously served as a member of the San Francisco Board of Supervisors, and chaired the San Francisco County Transportation Authority. Before being elected to office, he practiced law for 15 years, including nearly a decade as a Deputy City Attorney in the San Francisco City Attorney’s Office. He also served in a number of community leadership roles, including co-chair of the San Francisco LGBT Community Center and on the national Board of Directors of the Human Rights Campaign.

Conference attendees and their guests may choose to participate in offsite activities. Options include a fly-fishing trip, a geology hike, a mountain bike ride and hikes of varying difficulty.

Space is limited. Conference registrants will be notified about how they can register in advance for some of the activities, with onsite registration for additional participants if space is available, and a waiting list. Select activities will have on-site registration only. Information and sign-up sheets will be available at the Section’s Executive Committee table at the Tenaya Lodge.

• 4:30 pm – 5:30 pm Cubs’ Show (films appropriate for children)
• 7:30 pm – 9:00 pm Bears’ Show (films may include adult language)

A selection of the best movies from this year’s Festival will be shown. Enjoy refreshments sponsored by The Freshwater Trust.

The Wild & Scenic Film Festival was started in 2003 by the South Yuba River Citizens League, a watershed advocacy group based in the Sierra foothills of Northern California. Each winter, the Festival features over 150 award-winning films that illustrate not only the challenges facing our planet but the work communities are doing to protect the environment and the places we love. After the Festival, the films go on a tour that visits over 200 communities worldwide. We are excited to bring the Festival to the Conference for the first time and we hope you will join us at this inaugural event! We thank the Festival and its partners—Peak Design, CLIF Bar, Sierra Nevada Brewing Company, Klean Kanteen and Earthjustice for bringing these inspiring films to communities across the country.

Just arriving today? Remember to check in for your MCLE credits!

Start your day with a delightful cup of coffee sponsored by Hinson Gravelle & Adair LLP.

Breakfast Served at 7:30am

Join us for the first Women in Environmental Law Networking Breakfast, sponsored by Holland & Knight and Barr Mediation. This is a unique opportunity to reconnect with colleagues and make new connections in a casual setting. Select Ticketed Event #32.

RSVP for this complimentary breakfast on the registration form. Select Ticketed Event #31. Breakfast sponsored by Hanson Bridgett LLP. Mid-morning refreshment break sponsored by Barg Coffin Lewis & Trapp, LLP, Gresham Savage Nolan & Tilden, PC and Best Best & Krieger LLP.

Famed constitutional law scholar, appellate litigator and Dean of Berkeley Law, Erwin Chemerinsky, will share his perspective on environmental law developments expected from the U.S. Supreme Court.

Named the most influential person in legal education in the United States by National Jurist in 2017, Dean Chemerinsky has authored more than 200 law review articles and 11 books, including leading casebooks and treatises about constitution law, criminal procedure and federal jurisdiction.

Session 11: Steak, Wine & WOTUS – How the California Agricultural Industry is Navigating Navigable Waters

1.5 Hours MCLE

The definition of navigable waters as “waters of the United States,” or WOTUS, has been in flux since the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers finalized the 2015 Clean Water Act amendments and the Sixth Circuit Court of Appeals blocked those amendments. Twenty-two states (including California) have continued use of the 2015 amendments and 28 states are following the pre-2015 WOTUS definition, as interpreted by the U.S. Supreme Court in Rapanos v. U.S., pending new regulations. Meanwhile, the Supreme Court has agreed to hear County of Maui, Hawaii v. Hawai’i Wildlife Fund, potentially impacting the definition. California State Water Resources Control Board regulations proposed in 2018 also target overlapping water sources, namely “the statewide wetland definition and procedures for discharges of dredged or fill material to Waters of the State.” This panel will discuss the status of the WOTUS regulations, the state’s proposed new regulations and their potential impact on agriculture in California.

Moderator: Cyndy Day-Wilson, Law Office of Cyndy Day-Wilson

Panelists:

• Michael Miiller, California Association of Winegrape Growers
• Brad Goehring, Goehring Vineyards Inc.
• Scott Yager, National Cattlemen’s Beef Association
• Serena Liu, California State Water Resources Control Board

Session 12: The Ports in an Environmental Storm

1.5 Hours MCLE

California’s ports are vital to our state and national economy, moving more than $500 billion in goods into and out of the country each year. Yet their locations and busy operations are both a blessing and a curse. While regulators move to curb air pollution, minimize storm-water run-off and push for electrified trucks and facilities, the very nature of port operations and locations create obstacles to these efforts. This panel will explore some of the challenges California’s ports face, the progress they have made and what led to those efforts, and what is in store for them.

Moderator: Jennifer Novak, Law Office of Jennifer F. Novak

Panelists:

• John Carter, Port of San Diego
• Dr. Joe Lyou, Coalition for Clean Air
• Sarah Tong Sangmeister, Peacock Piper Tong + Voss LLP

Session 13: A Way With Waste: Reducing Hazardous Waste from Consumer Products and Minimizing Liability in Reverse

1.5 Hours MCLE

Damaged packaging. Out-dated inventory. Recalls. Companies that have mismanaged unsaleable products, from cleaning agents, to beauty supplies, to pharmaceuticals, have incurred substantial civil and criminal penalties for hazardous waste and medical waste violations. While major cases against big box stores have grabbed most of the headlines, many other retailers increasingly face similar liability for the storage, transportation and disposal of products that, when discarded, are hazardous wastes. This panel will explain the rules that apply to unsaleable products, including new federal regulations on pharmaceuticals and other household consumer products, and how companies can manage, recycle and reuse these potential wastes to minimize possible sources of liability. The panel will also highlight how several front-line companies are moving to alternative products to better manage the risk of hazardous waste liability.

Moderator: Celeste Kaisch, San Joaquin County District Attorney’s Office

Panelists:

• Gregory W. Bount, Troutman Sanders LLP
• Michael J. Steel, Morrison & Foerster LLP
• Meredith Williams, California Department of Toxic Substances Control

Session 14: CEQA Update: A Perennial Favorite with a Twists

1.5 Hours MCLE

It has been another big year for California Environmental Quality Act (CEQA) case law. This year, instead of the typical run-down of CEQA cases, the panel will focus on the most important cases from late-2018 and 2019 and put them in context of prior case law and developing trends. The panelists will also provide an update on key CEQA legislation and share their unique perspectives on what the emerging themes will mean for projects and practitioners.

Moderator: Oscar Espino-Padron, Earthjustice

Panelists:

• Timothy M. Taylor, Stoel Rives LLP
• Linda Krop, Environmental Defense Center
• David Snow, Richards, Watson & Gershon

Session 15: Deltas in the Delta

1.5 Hours MCLE

The California State Water Resources Control Board has updated its Bay-Delta plan to require additional flows to protect fish in the Lower San Joaquin River and its tributaries. Environmental groups contend the flows are still inadequate, and water users call it a “water grab.” Both sides have sued. The State Water Board is proceeding with a plan update for
the Sacramento River watershed. Meanwhile, water users and the California Departments of Water Resources and Fish and Wildlife are proposing voluntary agreements. The panel will review the legal issues and expected consequences of these changes in the Delta.

Moderator: Karrigan Börk, University of the Pacific, McGeorge School of Law

Panelists:

• Tina Cannon Leahy, California State Water Resources Control Board
• Kim Delfino, Defenders of Wildlife
• Kevin O’Brien, Downey Brand LLP
• Ernest Conant, U.S. Bureau of Reclamation

Session 16: Recent Environmental Law Developments in the U.S. Supreme Court, Ninth Circuit Court of Appeals and California Supreme Court

1.5 Hours MCLE

2019 has been a busy year for environmental law in the U.S. Supreme Court, Ninth Circuit and California Supreme Court. Join environmental law, constitutional law and Supreme Court experts for an informative and entertaining review of those developments in this always-popular program. The panelists will also discuss what recent changes in the composition of those courts mean for environmental jurisprudence in the future.

Moderator: Rick Frank, UC Davis School of Law

Panelists:

• Erwin Chemerinsky, UC Berkeley School of Law
• Janill Richards, Office of the Solicitor General, California Department of Justice
• Jim Salzman, UCLA School of Law and UC Santa Barbara Bren School of Environmental Science & Management

Session 17: Excuse the [Soil Vapor] Intrusion, but Your Site is Neither Clean nor Safe: New Challenges and Changing Standards for Soil and Groundwater Remediation

1.5 Hours MCLE

Regulatory standards and guidelines for soil and groundwater remediation of chemicals such as volatile organic compounds, formaldehyde and polychlorinated-n-alkanes are in flux, creating uncertainty as to how clean is clean and how safe is safe. Changing standards are leading to concern and confusion for both regulatory agencies and responsible parties. This panel will explain the changing regulatory landscape and how it may impact the ability to obtain closure letters, the possibility of re-openers and the prospect of new toxic tort liability for owners and operators.

Moderator: Gary Meyer, Parker, Milliken, Clark, O’Hara & Samuelian APC

Panelists:

• Cheryl Prowell, San Francisco Bay Regional Water Quality Control Board
• Dr. Nick Amini, Santa Ana Regional Water Quality Control Board
• Matt Winefield, Winefield & Associates, Inc.

Session 18: The California Paradox: Squaring Ambitious Climate Policy with Continued Fossil Fuel Extraction

1.5 Hours MCLE

In the national and international climate debate, California has become a symbol of aggressive state action to tackle climate change. The state’s suite of greenhouse gas reduction policies, most recently SB 100’s policy to transition to a 100% zero carbon electric system and Executive Order B-55-18’s goal to achieve carbon neutrality economy-wide by 2045, have received considerable attention and high-profile acclaim. But California remains a significant producer of fossil fuels, a fact some argue is inconsistent with the state’s professed status as a climate leader. This panel will look at California’s role as a fossil fuel producer and exporter and examine the relationship between this role and the state’s climate activism.

Moderator: Eric Adair, Hinson Gravelle & Adair LLP

Panelists:

• Mad Stano, California Environmental Justice Alliance
• Fran Pavley, University of Southern California Schwarzenegger Institute for State and Global Policy
• Tiffany Roberts, Western States Petroleum Association

This special lunch event for law students and new attorneys will highlight strategies from top practitioners in environmental law on how to use law school and your first years of practice to prepare yourself for a successful career in environmental law. Box lunches will be provided for students and members of the California Young Lawyers Association (CYLA) who register in advance. This program is co-sponsored by CYLA.

Select Ticketed Event #33 on the Conference registration form.

Saturday Afternoon Outdoor Presentations

Sign-Up information will be sent to all registered attendees prior to the Conference.

Conference attendees and their guests may choose to join in the following educational outdoor programs. Persons who have registered for the Conference will be notified how they can register in advance for these unique and informative presentations. Space is limited. If spots are available, we will have on-site registration for additional participants and
a waiting list. Information will be available at the Section’s Executive Committee table at the Tenaya Lodge. Some presentations may involve a short hike, and some programs may not be appropriate for children.

Yosemite Climbing History

Yosemite Valley climbing has had a major influence on climbing all over the world, with many techniques first developed in the Valley. Learn about Yosemite’s climbing history, and view some of the storied routes.

Moderator: Mike Leslie, Boies Schiller Flexner LLP

Speaker: Ken Yeager, Yosemite Climbing Association

High Tech Bears

Bear problems in Yosemite National Park peaked in 1998, with over 1500 human-bear incidents. Since then, Park managers have drastically reduced that number to a low of under 20 in 2018 as a result of research, bear-proofing, enforcement and new educational programs. It also came as a result of instituting new technologies. Two of the most successful of these were upgrading collars from VHF to GPS, and creating an interactive website to teach people about the Park’s bears.

Moderator: Bill Westerfield, Pacific Fleet Charging, LLC

Speaker: Katie Patrick, Yosemite National Park

Giant Sequoia Fire Ecology

When the Railroad Fire burned through the Nelder Grove of giant sequoias in 2017, heavy vegetation likely contributed to fire behavior different than what sequoias are adapted to, and many mature sequoias were lost. Two years later, numerous sequoia seedlings are growing. Visit the grove to see the effects of the fire and learn about fire ecology and research in the grove.

Moderator: Andy Sawyer, California State Water Resources Control Board

Speaker: Kristin Shive, Save the Redwoods League

Join us for an informal talk with Mike Sherwood, this year’s Lifetime Achievement Award Recipient. Hear a firsthand account of his stellar career and contributions to environmental law. Facilitated by Tom Turner.

Join us as we gather before dinner for cocktails and hors d’oeuvres. The reception is sponsored by Brownstein Hyatt Farber Schreck, LLP and Thomas Law Group. To RSVP, select Ticketed Event #34.

Dinner sponsored by Terraphase Engineering Inc. and wine sponsored by Bogle Vineyards, LangeTwins Family Winery and Vineyards, Trinchero Family Estates, and Wilson Vineyards.

Select Ticketed Events #35 to #39 on the Conference registration form.

Environmental Law Section Lifetime Achievement Award

The Environmental Law Section is honored to present its sixth annual Lifetime Achievement Award to Mike Sherwood. Introduction by Andrea Treece, Earth Justice.

As an Earthjustice staff attorney for 39 years, Mike Sherwood represented environmental plaintiffs such as the Sierra Club, National
Audubon Society, The Wilderness Society and Greenpeace in numerous lawsuits across the country. His work included litigation to protect public lands throughout the West from irresponsible logging, mining and road
construction, to protect rivers from pollution and to protect imperiled species under the federal Endangered Species Act. In California he brought suit to stop clear-cut logging of old growth redwoods around the periphery of Redwood National Park. In Alaska he sued to preserve the wilderness character of what is now Misty Fjords National Monument from the development of a molybdenum mine. In Hawaii he brought lawsuits to protect many threatened and endangered species, including humpback whales, Hawaiian monk seals, Hawaiian native plants and the endangered Palila bird. Elsewhere he brought suits to protect salmon and steelhead populations in Washington, Oregon and California.

Keynote Presentation

Mustafa Santiago Ali, National Wildlife Federation

Mustafa Santiago Ali is a renowned thought leader, international speaker,
policy maker, community liaison, trainer and facilitator. He is the Vice President of Environmental Justice, Climate and Community Revitalization for the National Wildlife Federation and also the founder and CEO of Revitalization Strategies, a business focused on strengthening disadvantaged communities. Previously, Dr. Ali was the Senior Vice President of the Hip Hop Caucus, a national non-profit and non-partisan organization that connects the hip hop community to the civic process in order to build power and create positive change. Dr. Ali began working on social justice issues at the age of 16 and joined the U.S. Environmental Protection Agency as a student, becoming a founding member of the EPA’s Office of Environmental Justice. More recently, Dr. Ali served as EPA’s Senior Advisor for Environmental Justice and Community Revitalization and Assistant Associate Administrator, working to elevate environmental justice issues and strengthening environmental justice policies, programs and initiatives.

Throughout his career, Dr. Ali has worked with more than 500 domestic and international communities to secure environmental, health and economic justice. Dr. Ali uses a holistic approach to revitalizing vulnerable communities, helping them to move from surviving to thriving.

Delicious delicacies complete the evening. Enjoy dessert, hosted libations and dancing at the 28th Annual Dessert Party.

To RSVP, select Ticketed Event #40.

Last day! If you haven’t checked in yet, remember to do that today!

Start your day with a delightful cup of coffee sponsored by Richards, Watsono & Gershon.

RSVP for this complimentary breakfast on the registration form. Select Ticketed Event #42. Mid-morning refreshment break sponsored by Stoel Rives LLP and Leech Tishman Fuscaldo & Lampl, Inc.

0.75 Hour MCLE

Jared Blumenfeld, California Secretary for Environmental Protection and Wade Crowfoot, California Secretary for Natural Resources will share their insights on their vision and priorities for their respective agencies.

Jared Blumenfeld was appointed California Secretary for Environmental Protection by Governor Newsom in January 2019. As Secretary, Mr. Blumenfeld oversees the State’s efforts to fight climate change, protect air and water quality, regulate pesticides and toxic substances, achieve the State’s recycling and waste reduction goals, and advance environmental justice. As a member of the Governor’s cabinet, he advises the Governor on environmental policy. In his spare time, he continues to host an award-winning podcast on environmental topics, called Podship Earth. Before becoming Secretary, he served under former President Barack Obama as Regional Administrator of the U.S. Environmental Protection Agency for the Pacific Southwest from 2009 to 2019. Mr. Blumenfeld brings to the agency more than 25 years of environmental policy and management experience at the local, national and international levels.

Wade Crowfoot was appointed California Secretary for Natural Resources by Governor Gavin Newsom in January 2019.
As Secretary, Mr. Crowfoot oversees an agency of 19,000 employees charged with protecting and managing California’s diverse resources. This includes stewarding the state’s forests and natural lands, rivers and waterways, coast and ocean, fish and wildlife, and energy development. As a member of the Governor’s cabinet, he advises the Governor on natural resources and environmental issues. Mr. Crowfoot brings over two decades of public policy and environmental leadership to the office, with expertise in water, fisheries, climate and sustainability issues. He most recently served as CEO of the Water Foundation, a philanthropic organization that builds shared water solutions for communities, the economy and the environment across the American West.

Session 20: LA River: Competing or Compatible Visions – Stormwater Use and River Restoration

1.5 Hours MCLE

We are moving away from viewing wastewater and stormwater as waste and our rivers as conveyances for disposal, toward considering treated wastewater and stormwater as resources and our rivers as amenities. Given the increasing scarcity of water available to import to the typically drier areas of the state, wastewater and stormwater have become the focus of efforts to identify new local water supplies. This panel will explore the Los Angeles River as a case study to illuminate the issues that arise when wastewater and stormwater reuse are proposed. The panel will examine tensions between upper and lower river water users and dischargers, water intensive restoration versus water supply benefits, along with other legal and political hurdles.

Moderator: Alexandra Paxton, Water Foundation

Panelists:

• Nicole Granquist, Downey Brand LLP
• Bruce Reznik, LA Waterkeeper
• Jonathan Bishop, California State Water Resources Control Board

Session 21: Bridging the Gap Between Land Use and Air Quality: Strategies for Addressing “Indirect source” Air Pollution

1.5 Hours MCLE

It has been generally acknowledged that reductions in mobile source emissions, particularly in certain California air basins, are key to improving air quality. Yet local air districts lack authority to directly regulate tailpipe emissions or to make the land use decisions that influence mobile source use in their regions. Air districts have thus looked to authority under the federal Clean Air Act and the California Health and Safety Code to adopt regulations targeting stationary facilities that attract significant mobile source traffic. This panel will consider the history and future of such programs, including regulations adopted by the San Joaquin Valley Air Pollution Control District and in development by the South Coast Air Quality Management District, the benefits and challenges of indirect source programs and their implications for AB 617 areas and other environmental justice communities.

Moderator: Jessi Fierro, San Joaquin Valley Air Pollution Control District

Panelists:

• Bayron T. Gilchrist, South Coast Air Quality Management District
• Adrian Lucas Martinez, Earthjustice
• Fran Inman, Majestic Reality Co.

Session 22: Legislative Update

1.5 Hours MCLE

This discussion will update practitioners on the new statutory developments in environmental law impacting their areas of practice.

Moderator: Gary Lucks, Beyond Compliance LLC

Panelists:

• Kip Lipper, Office of the California State Senate President Pro Tempore
• Marie Liu, Office of the Speaker of the California State Assembly
• Katharine Moore, California State Senate Natural Resources and Water Committee

Session 23: Weighing Risks: A Look at SB 901 and Its Potential Impacts on California’s Utility Future

1.5 Hours MCLE

SB 901 set an ambitious goal for the Commission on Catastrophic Wildfire Cost and Recovery to address the growing threat posed by extreme wildfires and utility liability. Although wildfires are a constant for California, the devastating impacts of the 2017 and 2018 fire seasons daylighted many of the financial and liability risks that a new fire regime poses to the state. This panel, which includes two of the Commissioners, will discuss the Commission’s July 2019 report and the recommendations the Commission identified around socializing the costs of utility liability. The panel will also highlight recent legislation signed by the Governor regarding wildfire safety and accountability. In light of the Commission’s report and recent legislation, this panel will explore the impacts that we may see on utilities and local governments.

Moderator: Rebecca Akroyd, San Luis & Delta-Mendota Water Authority

Panelists:

• Michael Wara, Woods Institute for the Environment, Stanford University
• Dave Jones, The Nature Conservancy and The Center for
• Law, Energy & The Environment, UC Berkeley School of Law
• Supervisor Linda Parks, Ventura County

Session 24: It’s the Wild West: A PFAS Update from California

1.5 Hours MCLE

In March 2019, the California State Water Resources Control Board launched a phased approach to investigate sources of per- and polyfluoroalkyl substances (PFAS) to soil and groundwater at landfills, airports, drinking water systems, wastewater treatment plants, refineries and other facilities. This panel will discuss the state of knowledge on PFAS investigation and mitigation approaches and provide an update from the State Water Board on this PFAS initiative and other ongoing efforts to address PFAS by California agencies. Recent draft federal guidance and U.S. Environmental Protection Agency actions will be discussed as well as other state approaches, and the potential implications for liability and legal actions.

Moderator: Nargis Choudhry, Los Angeles City Attorney’s Office, Airports Division

Panelists:

• Rula Deeb, Geosyntec Consultants, Inc.
• Wendy Linck, California State Water Resources Control Board
• Greg Newmark, Meyers Nave

Session 25: NEPA’s 50th Anniversary and the Intersection with CEQA

1.5 Hours MCLE

Enacted in 1969 with high aspirations for incorporating environmental considerations in federal decision-making at all levels, the National Environmental Protection Act’s (NEPA) 50th anniversary is a time to reflect on implementation of the country’s premier environmental statute. Has NEPA fulfilled its promise? The panel will discuss this question and also tackle what the future holds for NEPA, including current hot topics and trends, the Council on Environmental Quality’s proposed rulemaking, efforts to coordinate and streamline interagency environmental review, and the interplay with the California Environmental Quality Act.

Moderator: Jill Yung, Paul Hastings LLP

Panelists:

• Doug Herrema, U.S. Bureau of Land Management
• Karin P. Sheldon, Four Echoes Strategies
• Robert Uram, Sheppard Mullin Richter & Hampton LLP

Session 26: Public Trust Doctrine: Exploring the Boundaries of an Ancient Doctrine in an Era of Environmental Regulation

1.5 Hours MCLE

This panel will explore the evolution of the common law public trust doctrine since National Audubon v. Superior Court, culminating in the recent decision in Environmental Law Foundation v. State Water Resources Control Board that extended the doctrine for the first time to county administration of groundwater extractions affecting public trust uses in surface waters. In addition to the implications of recent decisions, the panel will address unanswered questions and discuss pending cases striving to push the doctrine to new limits.

Moderator: Rick Frank, UC Davis School of Law

Panelists:

• Russell McGlothlin, O’Melveny & Meyers LLP
• Christian Marsh, Downey Brand LLP
• Deborah Sivas, Woods Institute for the Environment, Stanford University

Session 27: The Coastal Squeeze: Managing Climate Change’s Impacts on Our Coastlines

1.5 Hours MCLE

With sea level rise and the increased frequency of coastal flooding, threats to coastal residences, coastal infrastructure risks, beach erosion and beach loss, saltwater intrusion into coastal aquifers and compromised shoreline safety are increasingly apparent. This panel will cover threats to the coastline from climate change-induced sea level rise, mitigation efforts to address those impacts, financial challenges to mitigation and equity in mitigation conversations.

Moderator: Angela Howe, Surfrider Foundation

Panelists:

• R. Zachary Wasserman, San Francisco Bay Conservationand Development Commission
• Sarah Newkirk, The Nature Conservancy
• Sean B. Hecht, Co-Executive Director, Emmett Institute on Climate Change and the Environment UCLA School of Law

Conference attendees and their guests may join this special presentation on diversity in the National Parks. A variety of factors inhibit communities of color from visiting Yosemite and other national parks as destinations for outdoor recreation. Learn about the National Park Service’s efforts to make Yosemite accessible in terms of culture and ethnicity.

Persons who have registered for the Conference will be notified how they can register in advance for this program. We will have on-site registration for additional participants, if space is available, at the Section’s Executive Committee’s table at the Tenaya Lodge.

Moderator: Andrea Ruiz-Esquide, San Francisco City Attorney’s Office

Speaker: Shelton Johnson, Yosemite National Park