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17th Annual Tulane

Environmental Summit

March 2-3, 2012

Presented by:

The Tulane Institute on Water Resources Law and Policy and the Tulane Environmental Law Society

April 9-11, 2010 • Tulane University Law School
New Orleans, LA

“A river is more than an amenity, it is a treasure
- Justice Oliver Wendell Holmes, Jr.

Water is one of the elemental forces that have shaped our planet and human development. Too much or too little of it can be the difference between growth and decline; between success and failure; and between how cultures develop. It has always been so and remains so today though not always in ways that our laws, policies and expectations are well tuned to deal with.

Changing climates, dwindling fresh water supplies, and shifting demands are bringing renewed attention to how our water resources are managed—and how they perhaps should be. This places water at the intersection of law and policy; science and technology; and culture, economics and environmental stewardship. Putting these issues into both focus and context is the aim of Bound by Water, a summit to be held at Tulane Law School on April 9 and 10, 2010.

The Bound by Water summit will feature some of our nation’s most eminent experts on water law, policy, and management and will be of interest to lawyers, policy makers, planners, resource users, advocates, and others with an interest in how water management affects their community, business, or future.

Continuing Legal Education credits will be available for members of the bar. Certification and maintenance credits may also be available for members of the American Planning Society.

See registration information below. Click Here to register online for the Summit.


Friday, April 9th
8:45-10:45 Ethics and Professionalism: Are They Compatible?

Ethical dilemmas capable of subjecting attorneys to disciplinary inquiries, if not sanctions, can arise in all areas of practice and at all stages of the client-attorney relationship throughout an attorney’s career. This year’s Ethics session seeks to address some of the ethical questions that most often confront attorneys. They will include some that directly impact the attorney’s duty of loyalty to its clients and the protection of attorney-client confidences, the boundaries of zealous advocacy, the challenges of conflicting self-interest, and the attorney’s duties of candor to the courts. The presentation will address these issues by identifying the black letter rules applicable to the evaluation of these controversies as well as their general interpretation in practice. It will then address issues raised by the related, aspirational field of Professionalism and consider the boundaries between effective advocacy and the principles of attorney proessionalism.

Dane Ciolino, J.D. - Alvin R. Christovich Distinguished Professor of Law, Loyola University New Orleans College of Law, New Orleans, Louisiana

11:00-12:15 Dams, Ditches, and Diversions: The Future of America’s Water Projects

Water use and availability are being affected by climate change, rising seas, and a growing demand for water. Panelists will look at how our public works and environment will adapt to these changing times to insure a safe and steady supply of water and sustainable ecosystems.

David Conrad- Senior Water Resources Specialist, National Wildlife Federation, Washington, D.C.
Steven Peyronnin- Executive Director, Coalition to Restore Coastal Louisiana, Baton Rouge, Louisiana
Karen Durham Aguilera- Director of Task Force Hope, U.S. Army Corps of Engineers, Vicksburg, Mississippi
Keith Colvin, J.D.-McGlinchey Stafford, New Orleans, Louisiana (Moderator)

See You in Court: The Role of Public Interest Litigation in Protecting the Gulf Coast

From Texas to Florida, the Gulf Coast is facing numerous environmental challenges. Members of the public have taken their concerns to the courtroom. This panel will discuss recent public interest litigation, the challenges faced, and the impact these cases will have on the future of the Gulf Coast.

David Guest, J.D.- Managing Attorney, Earthjustice, Tallahassee, Florida
Stephen Wiles, J.D.- Law Offices of Stephen M. Wiles, LLC., New Orleans, Louisiana
Adam Babich, J.D.- Director, Tulane Environmental Law Clinic, New Orleans, Louisiana (Moderator)

Opening the Floodgates: The Elements of Successful Flood Protection

Communities of South Louisiana face a daily challenge of balancing traditional techniques and definitions of flood protection with new and innovative protection measures. The overlap of various techniques, including hard protection, community emergency response, and changes to housing structures, reinforce the importance of clear and effective communication. This panel will explore many of the current techniques in place, the terms of art employed by various disciplines, and attempt to determine how current efforts can combine to present a unified front.

Steve Villavaso, J.D.- Villavaso & Associates, New Orleans, Louisiana
Tim Doody- President, Southeast Louisiana Flood Protection Authority-East, New Orleans
Paul Harrison, J.D.- Senior Director for Mississippi River and East Coast, Center for Rivers and Deltas, Environmental Defense Fund, Washington, D.C.
Bill Hines, J.D.- Jones Walker, New Orleans, Louisiana (Moderator)

12:30-2:00 Keynote Luncheon: Lisa Jackson, Administrator, Environmental Protection Agency, Washington, D.C.

Lunch will be served at 12:30 P.M. Keynote address will begin at 1:00 P.M.
2:00-3:15 Water Wars: Lessons from the Front

A rapidly growing metropolis in one state, thirsty farms and water dependent industries in neighboring states, and between them one main source of water. Water wars in the east have been raging for over a decade and are becoming more frequent. Panelists from Georgia, Alabama, Florida, and Louisiana will weigh in on these ongoing and emerging struggles for water rights and discuss what we can learn them.

Mark Masters- Director of Projects, Georgia Water Planning and Policy Center, Albany, Georgia
Gil Rogers, J.D.- Senior Attorney, Southern Environmental Law Center, Atlanta, Georgia
Scott Angelle- Secretary, Louisiana Department of Natural Resources, Baton Rouge, Louisiana
Todd Silliman, J.D.- McKenna Long & Aldridge, LLP, Atlanta, Georgia
Marco Cocito-Monoc Ph.D.- Director of Regional Initiatives, Greater New Orleans Foundation, New Orleans, Louisiana (Moderator)

Getting Around: New Orleans Transportation in 2020

New Orleans is a compact city that it well suited to alternative forms of transportation. Yet the primary means of getting around still remains the private automobile. This panel will take a look at some of the hottest issues in New Orleans transportation. Topics to be covered include the debate over whether or not to remove the I-10 overpass on N. Claiborne and the exciting possibilities of "complete street" design. Both the legal and social challenges to designing a greener transportation infrastructure will be explored in depth.

Bill Borah, J.D.-Land Use Attorney, Borah Consulting, New Orleans, Louisiana
Fay Faron- President, Friends of the Ferry, New Orleans, Louisiana
Dan Jatres- Program Manager, Greater New Orleans Pedestrian and Bicycle Program- Regional Planning Commission, New Orleans, Louisiana
Wm. Raymond Manning- President and CEO, Manning Architects, New Orleans, Louisiana (Moderator)

The Delicate Balance of Ballasts
Sponsored by Tulane Maritime Law Society

Ballast water is an integral part of the international shipping industry. While current Coast Guard regulations requiring ocean exchanged have greatly reduced the number of invasive species entering US waters, the danger of invasion is still very real. In 2009 the Coast Guard introduced new, stricter regulations on ballast water entering the US on foreign ships, addressing both onboard equipment to clean the ballast tanks and the number of organisms permissible per unit of ballast water. The purpose and impact of these regulations will be discussed.

Lt. Brian McNamara, J.D.- Staff Attorney, Commander (dl-4), United States Coast Guard, New Orleans, Louisiana
LCDR Craig Toomey- United States Coast Guard, New Orleans, Louisiana
Matt Guy- Leblanc Bland, New Orleans, Louisiana
Draughn Arbona, J.D.- Associate Counsel, CMA CGM (America) LLC, Norfolk, Virginia
Joshua Force, J.D.-Sher Garner Cahill Richter Klein & Hilbert, LLC and Adjunct Professor, Tulane University Law School, New Orleans, Louisiana (Moderator)

3:30-4:45 New Energy, Old Water
Sponsored by Federal Bar Association Section on Energy, the Environment and Natural Resources

As the nation turns to alternative energy to increase our energy independence and reduce our greenhouse gas emissions, the impacts of new energy sources on water become clearer…and more troublesome. From natural gas exploitation to solar energy, this panel will look at the role water will play in alternative energy and the legal and policy issues that may come into play.

Scott Perry, J.D.- Director, Pennsylvania Bureau of Oil and Gas, Harrisburg, Pennsylvania
Deborah Goldberg, J.D.- Managing Attorney, Earthjustice, New York, New York
Irys Allgood, J.D.- Assistant Attorney General, Louisiana Attorney General’s Office, Baton Rouge, Louisiana
Eric Dannenmaier, J.D.- Associate Professor of Law and Dean’s Fellow, Indiana University School of Law-Indianapolis, Indiana
Kenneth Gelburd, J.D.- Chair, Federal Bar Association Section on Energy, the Environment and Natural Resources, Norristown, Pennsylvania (Moderator)

The Future of Food
Sponsored by Student Animal Defense League Fund

As the human population continues to grow and fish populations continue to diminish, the question has become how we will continue feeding the population in a sustainable manner. Several novel commercial fishing techniques are being developed in an effort to promote sustainable commercial fishing. These techniques include catch shares, ocean fish farming or “aquaculture” and re-circulating aquaculture. This panel will explore the implementation of these techniques, including their legal dimensions, and the effectiveness of the techniques at creating sustainable fisheries.

Robert Wygul, J.D.- Waltzer & Associates, Ocean Springs, Mississippi
Mariane Cufone, J.D.- Fish Campaign Director, Food & Water Watch, Tampa, Florida
Jim Mason, J.D.- Author and Attorney, New York, New York
Richard McCarthy- Executive Director, marketumbrella.org, New Orleans, Louisiana (Moderator)

5:00-6:15 Keynote Address: Joseph Sax, J.D.-Professor of Law, University of California, Berkeley Boalt Hall School of Law

“Climate Change and the Migratory Seashore: Old Laws and New Needs”

6:30-7:30 Reception: Woldenberg Art Center, Tulane University
Food, drinks, and live music.
7:30 “A Bunker in Palms”- Woldenberg Arts Center, Tulane University
An original Tulane University Law School theatrical production, performed by Tulane Law ReVieux.

Saturday, April 10th
10:00-11:15 Cooler Living Through Science: Has the Time Come

The world’s response to rapidly rising levels of greenhouse gas emissions has led many scientists to predict that temperatures could rise 3-4 degrees Celsius or more by the end of the century, with potentially catastrophic implications for human institutions and ecosystems. As a consequence, interest has been reinvigorated in geoengineering, which the National Academy of Sciences defines as “large-scale engineering of our environment in order to combat or counteract the effects of changes in atmospheric chemistry.” This panel will explore legal, scientific, and policy issues associated with potential deployment of geoengineering schemes, with an emphasis on ocean fertilization and albedo modification techniques.

Wil Burns, J.D.- Journal of International Wildlife Law and Policy
Albert Lin, J.D.- Professor of Law, University of California Davis School of Law, Davis, California
Dan Whaley- CEO, Climos, San Francisco, California
G. Paul Kemp, Ph.D.-Vice President, Gulf Coast Initiative, Baton Rouge, Louisiana (Moderator)

Taking it to the Limit

Water is both a private amenity and public necessity so managing water and for water driven risks can cause private property interests and public rights to collide. Panelists will discuss emerging takings jurisprudence from rising seas and eroding coasts to the endangered species act.

John Echeverria, J.D.- Professor of Law, Vermont Law School, South Royalton, Vermont
Carlos A. Zelaya, II, J.D.- F. Gerald Maples, P.A., New Orleans, Louisiana
David Breemer, J.D.- Pacific Legal Defense, Sacramento, California
Eric Dannenmaier, J.D.- Associate Professor of Law and Dean’s Fellow, Indiana University School of Law-Indianapolis, Indiana (Moderator)

Greater New Orleans Foundation’s Environmental Fund and Teaching Responsible Earth Education (T.R.E.E.) Project

Students from Lusher High School will present the main issues impacting the Barataria-Terrebonne Basin based on an intensive workshop with adult resource experts. Experts come from a variety of disciplines related to preserving and utilizing wetland and water environments. Students will explain how these problems affect them. The session will conclude with an open discussion about solutions to the problems the Basin faces.

11:30-12:45 Public Duties-Private Right: The Role of the Public Trust Doctrine in Modern Water Stewardship

As water resources become scarcer due to factors such as population growth and climate change, the effective management of remaining resources is becoming increasingly critical. Amid the competition and bids for access to water resources is the continually evolving public trust doctrine, a legal doctrine that preserves specific water resources for a variety of public uses (including drinking water and ecological diversity). The evolution of this doctrine at both the state and federal level has left open the question of how the preservation of water for public use will impact and be incorporated in modern stewardship of water resources. The intersection of modern water stewardship and the public trust doctrine will ultimately determine who has access to water and where, an allocation that will ultimately shape our society.

Robin Kundis Craig, J.D.- Professor of Law, Florida State University College of Law, Tallahassee, Florida
Joseph Sax, J.D.- Professor of Law, University of California Berkeley Boalt Hall School of Law, Berkeley, California
Ryan Seidemann, J.D.- Assistant Attorney General, Louisiana Attorney General’s Office, Baton Rouge, Louisiana
Jim Wilkins, J.D.,Director, Louisiana Sea Grant Legal Program, Baton Rouge, Louisiana (Moderator)

1:00-2:00 Lunch
Book signing-- Oliver A. Houck, "Taking Back Eden: Eight Environmental Cases that Changed the World"
Lobby of Weinmann Hall
Copies of the book will be available for purchase.

TAKING BACK EDEN (Island Press, 2009) is the saga of an idea—that ordinary people can go to court to defend their environment—told through lawsuits brought in eight countries around the world. Starting in the United States., this idea has traveled the planet at warp speed, carrying protections for threatened environments and new notions of justice and democracy as well. Author Oliver Houck describes the sites at issue in their place and time, the project promoters, the people who rose up against them, their lawyers, strategies, obstacles, setbacks, and victories. Along the way we meet Consolidated Edison, the Japanese Ministry of Construction, the agricultural juggernaut of Thessaly, the military regime of Chile, and the decaying Taj Mahal. We encounter hard-nosed fisherman, activists and dreamers, sabotage, media spectacles, a Cree Indian flotilla from northern Quebec to New York City, a lawyer in the Philippines descending by helicopter to arrest an illegal logging ship, a woman who dared sue the Russian state, and a colleague killed on the doorstep of his home. These legal actions, largely spontaneous, brought in the days before the Internet and without communication among them, created a new brand of public rights and hope for a more sustainable world. After them, there is no turning back.

2:00-3:15 Fit to Drink: Protecting our Water Supply

Efforts to ensure the safety of our drinking water have been under way for generations but recent studies and reports suggest that not only is there work still to be done but that new and potentially significant pollutants are being found in the water coming from our taps. . This panel will explore the emerging contaminants that threaten our water supply and the legal challenges that both seasoned lawyers and community activists confront in their quest to ensure safe and clean water for all Louisianians.

Michael Tritico - Biologist and Environmental Activist, Longville, LA
Cheryl Slavant - Riverkeeper, Ouachita River Riverkeeper, Monroe, LA
Mike Murphy, J.D. - Community Outreach Director, Tulane Environmental Law Clinic, New Orleans, Louisiana
Ann Yoachim, M.P.H. - Tulane Institute on Water Resources Law and Policy (Moderator)

Beyond Plans and Dreams: Finding the Funds to Save Coastal Louisiana

Every year Louisiana loses over nearly 25 square miles of coastal marshland. While the importance of restoring coastal Louisiana has been acknowledged and various solutions have been proposed, questions about how to adequately fund this massive undertaking loom unresolved. Panelists will discuss the realities of paying for the restoration of Louisiana's precious marshland.

Garret Graves- Office of Coastal Protection and Restoration, New Orleans, Louisiana
Steve Stockton- Director of Civil Works, U.S. Army Corps of Engineers, Washington, D.C.
Paul Harrison, J.D.- Senior Director for Mississippi River and East Coast, Center for Rivers and Deltas, Environmental Defense Fund, Washington, D.C.
Karen Gautreaux- Nature Conservancy of Louisiana, Baton Rouge, Louisiana (Moderator)

3:30-4:45 Stump the Chumps
This panel will give attendees the opportunity to ask selected panelists a question that may “stump” the experts. Given the extensive knowledge our panelists possess, this should prove to be quite the challenge!
5:00-6:00 Cocktail Reception: Multi-purpose Room, Weinmann Hall, Tulane University Law School 
6:00-7:15 Keynote Address: Al Armendariz, Ph.D. - Regional Administrator, Environmental Protection Agency Region 6, Dallas Texas

Sunday, April 11th
10:00-3:00 Field Trip to Turtle Cove Research Station and Wetlands, Manchac, LA.
Sponsored by Southeastern Louisiana University

Get out in the wetlands with this fascinating and informative field trip led by Professor Robert Moreau of Southeastern Louisiana University. Slots Limited.

New Orleans Toxic Tour

The tour will focus on New Orleans' toxic waste system and the dump-sites that litter the metro. Participants will learn about the serious environmental and health problems that arise from toxic waste in the New Orleans metro area and the impacts of dump sites on low-income communities. This trip will be led by Andy Jacoby, Tulane alumnus. Slots Limited.

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Registration Information

Attendance at the Bound by Water summit is limited to registered participants. You may register online, by fax, or by mail.

Online: Online registration will be available through Tulane’s Continuing Legal Education office until Tuesday, April 6, 2010. Click Here to register online for the Summit.

Fax: (504) 866-1583

Mail: Make checks payable to: Tulane Law School CLE. Mail registration and check to: Tulane Law School CLE, Environmental Law Society Summit, 7016 Zimple Street, New Orleans, Louisiana 70118.

On Site Check in: Check in will open on site on Friday, April 9, 2010 at 8:00 a.m.

Course Material: Course materials are included in your registration fee and will be available on CD on the first day of the Summit. Additional copies of course materials on CD can be purchased for an additional fee of $10 and will be mailed after the conclusion of the Summit.

Cancellation and Refunds: There will be no registration refunds and/or cancellation refunds at any time. However, a cancellation can be transferred from one member of an organization, firm or company to another member of the same organization, firm or company until Tuesday, April 6, 2010. All substitutions/transfers must be submitted in writing either by fax at (504) 866-1583 or by email at patsmith@tulane.edu. All substitutions/transfers must be received in the CLE office no later than 5 pm on April 6, 2010.

Continuing Education Credits: The program will offer MCLE credit. 60 minute states: 9.5 CLE credits, 50 minutes states: 11.4 CLE credits.

Registration Fees:

$0 Tulane Faculty, Staff and Students
$5 Non-Tulane Students
$250 Full Registration---Attorney seeking CLE credit
$100 Full Registration – General Public (w/o CLE)
$50 Full Registration – Judges, Government, Paralegals, Non-Profits (w/o CLE)
$50 Full Registration – Non-Tulane Academic Faculty and Staff (w/o CLE)
$50 Full Registration –Tulane Alumni (w/o CLE)
$125 One Day--Attorney seeking CLE credit
$50 One Day – General Public (w/o CLE)
$25 One Day – Judges, Government, Paralegals, Non-Profits (w/o CLE)
$25 One Day –Non-Tulane Academic Faculty and Staff (w/o CLE)
$25 One Day – Tulane Alumni (w/o CLE)
$0 Sunday Outing
$10 Additional copies of course materials on CD

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