Full Agenda - Section of Environment, Energy, and Resources 34th Fall Conference

11:30 AM - 12:30 PM

DEIB-in-Action Lunch

This is a targeted networking event geared towards diverse law students, recent graduates, and entry-level attorneys interested in environmental, energy, or natural resources law. This lunch provides a unique opportunity for attendees to receive advice and candid insights from diverse attorneys practicing in their field of interest. Separate registration is required here.

12:00 PM - 1:00 PM

Public Service Project Lunch

1:00 PM - 4:00 PM

Public Service Project

Support and learn about social, environmental, and economic justice organizing in Albuquerque by joining fellow conference attendees on a public service project! Participants will visit the Los Jardines Institute gardens and farm to help with building maintenance and vegetable harvest projects. During the project, attendees will hear from local advocates and non-profit leaders about the challenges facing the region and the grassroots efforts to build and support healthy and sustainable communities. No prior experience or equipment is necessary to participate in this impactful and educational event and transportation will be provided to the Los Jardines Institute. Attendees should wear attire that is appropriate for working outdoors on uneven ground. This is a free activity for conference registrants.

Reserve your spot here.

4:00 PM - 8:00 PM

34th Fall Conference Registration Desk Open

5:00 PM - 5:30 PM

First-Time Attendee, Law Student, and New Member Reception

Mingle with Section leaders, fellow first-time attendees, and students from our Environmental Law Society Network, while learning more about Section programs and initiatives.

5:30 PM - 6:30 PM

Beginnings and Belonging Reception

Kick off the conference with light hor d'eurves, drinks, and friends old and new. The reception will also highlight the Section’s diversity, equity, inclusion, and belonging work. Meeting registration will be open, so you can also pick up your name badge and conference materials.

7:30 AM - 8:30 AM

Continental Breakfast

8:15 AM – 8:45 AM

Keynote Address

Drew Caputo, Vice President of Litigation for Lands, Wildlife and Oceans, Earthjustice, San Francisco, CA

9:00 AM – 10:30 AM

The Third Branch and Three Sovereigns: SCOTUS, Federalism, and Tribal-State-Federal Relations

Building on several terms of Supreme Court engagement with administrative law, this panel will examine how recent and pending decisions are reshaping not only federal agency practice, but also the distribution of authority among federal, state, and Tribal governments. Using key administrative, environmental, energy, and natural resources cases as anchors, panelists will explore questions of federalism and discuss state and Tribal governments’ evolving roles as partners, regulators, and challengers in this shifting landscape. The panel will discuss agency deference, the non-delegation doctrine, and the requirements for adequate agency consideration of public comments, among others. By the end of the program, attendees will be able to analyze emerging trends in Supreme Court doctrine and evaluate how these trajectories should inform and shape their litigation strategies, compliance planning, and client counseling within this changing paradigm.

Panelists

Michelle Diffenderfer, Lewis Longman Walker, West Palm Beach, FL

Bryan Newland, Powers Pyles Sutter and Verville PC, Washington, DC

Roger Nober (Moderator), Executive Coach and Mentor, The ExCo Group, Washington, DC

Joel West Williams, Staff Attorney, Native American Rights Fund, Washington, DC

Panel Liaison: Melissa Hagan, Law Office of Melissa B. Hagan, PLLC, Houston, TX

10:30 AM – 11:00 AM

Networking Break

11:00 AM – 12:15 PM

Concurrent Breakout Sessions

An Experiment for the Ages: Science for Lawyers

Attorneys advising clients regarding environmental matters need a solid understanding of scientific principles, particularly chemistry, to navigate complex liability issues and allocation. Such issues include CERCLA hazardous substances, applicability of the petroleum exclusion, RCRA requirements, and more. This panel will explore these issues, including common contaminants of concern across industries, such as MTBE and chlorinated solvents, NAPL, metals, and persistent pollutants like PCBs, dioxins/furans, and PFAS. Panelists will explain what differentiates these contaminant classes and how their environmental behavior impacts investigation strategies, source attribution, and remediation approaches. Attendees will gain insights into fate and transport considerations, allocation challenges, and practical recommendations for advising clients. By bridging science and law, this session will equip attorneys with the knowledge to better understand technical issues and corresponding legal implications under CERCLA and RCRA.

Panelists

Emmie Chen, Senior Principal Environmental Engineer, Geosyntec, Kennesaw, GA

Jeff Rominger, Senior Principal, Gradient, Boston, MA

Nicole Sullivan, Assistant General Counsel, EHS, BASF Corp., Florham Park, NJ

Kate Whitby (Moderator), Spencer Fane, St. Louis, MO

Panel Liaisons: Lindsey Moorhead, Jackson Walker LLP, Houston, TX; Jennifer Wollenberg, Principal, Integral Consulting, Philadelphia, PA

Water Rights are for Settling: Practical Tips and Lessons Learned from Negotiators of Recent Tribal Water Rights Settlements

Congress is considering legislation to approve water rights settlements for nearly a dozen Tribes in New Mexico, Arizona, California, Montana, and Nevada. These settlements often take years to achieve, requiring complex, multi-party negotiations among Tribal, State, and Federal parties, followed by often-challenging efforts to gain approval from Tribal citizens, State legislatures, and Congress. Meanwhile, the increasing costs of Tribal water settlements—the Northeastern Arizona Indian Water Rights Settlement has a $5 billion price tag—can make them a difficult sell to cost-conscious lawmakers. This panel features speakers who have negotiated some of the high-profile Tribal water rights settlements currently under consideration by Congress, along with attorneys involved in negotiations of future settlements. Whether you work in water rights or on other complex negotiations, attendees will gain practical insights about how to craft workable settlements among parties with disparate interests, how to gain approval for those settlements from your clients, and how to sell them to government decisionmakers and the public.

Panelists

Bidtah Becker (Moderator), Chief Legal Counsel, Navajo Nation Office of the President and Vice-President, Window Rock, AZ

Josh Mann, Mann Water Law, Albuquerque, NM

Catherine Munson, Kilpatrick Townsend & Stockton LLP, Washington, DC

Ryan Rusche, Sonosky, Chambers, Sachse, Endreson & Perry, LLP, Columbia Falls, MT

Panel Liaison: Ian Smith, Principal Historian, Historical Research Associates, Missoula, MT

12:15 PM – 1:30 PM

Luncheon

Committee Interest Area Luncheon

1:45 PM – 2:15 PM

Expert Insights Panels (Non-CLE)

To be announced

2:15 PM – 2:30 PM

Transition Break

2:30 PM – 3:45 PM

Concurrent Breakout Sessions

Super Size Me: Data Centers & Resource Mega-Consumption

A data center is likely coming to a city near you and with it, a sizeable demand for energy, land, and water. While data centers have been around for decades, the recent increase in size, type, and speed of buildout for new data centers has created opportunities and obstacles. The panel will focus on the developing legal and policy issues related to data center development, discussing what’s at stake and for whom. Panelists will explore environmental and energy impacts of data center development in the US and will highlight some of the approaches various parties are taking to respond to this rapidly expanding industry. Before the panel ends, attendees will have an opportunity to test their ideas on how to resolve the tensions the global data center appetite creates. Attend this panel if you're interested in exploring resource impacts when an industry says “Super Size Me.”

Panelists

Ashley Chrysler (Moderator), Warner Norcross + Judd LLP, Grand Rapids, MI

Steve Campbell, Clark Hill PLC, Detroit, MI

Lavran Johnson, Attorney, Center for Biological Diversity, Albuquerque, NM

Laura E. Sanchez, Chief General Counsel, New Mexico Office of the State Auditor, Santa Fe, NM

Panel Liaison: Rachel James, Staff Attorney, Southern Environmental Law Center, Richmond, VA

Mastering Witness Prep and Deposition Day: Lessons for PFAS & Beyond

Depositions are a critical stage in litigation, yet they often present unique challenges for attorneys, clients, and witnesses. Preparing a witness for deposition requires a distinct set of skills and demands strategic thinking. How can attorneys and consultants navigate these steps effectively? Panelists will explore best practices for preparation and execution, offering practical insights applicable across deposition types. In this interactive workshop, attendees will apply these strategies to a hypothetical PFAS case, addressing common pitfalls and creative solutions. This session will equip participants with tools to approach depositions confidently and adapt techniques to complex environmental matters.

Panelists

William Beck, Lathrop GPM, Kansas City, MO

Diana Chang, Shook, Hardy & Bacon, Irvine, CA

John McCorkle, Principal Consultant, Environmental Remediation, Landau Associates, Inc., Seattle, WA

Tracy Wolf (Moderator), Wick Phillips, Dallas, TX

Panel Liaison: Nisha Albert, Shook, Hardy & Bacon L.L.P., Kansas City, MO

3:45 PM – 4:15 PM

Networking Break

4:15 PM – 5:30 PM

Concurrent Breakout Sessions

Curbing Carbon, or Regulatory Rollback: EPA's GHG Emission Standards

The EPA's June 2025 proposal to repeal all greenhouse gas (GHG) emissions standards for fossil fuel-fired power plants has sparked debate. These standards have historically served as a basis to reduce carbon pollution and related co-pollutants in order to improve human health and welfare. This most recent move, pursued under Clean Air Act Section 111, hinges on a preliminary finding that power plant GHG emissions do not "contribute significantly to dangerous air pollution." This panel will explore the implications of repealing the 2024 standards, which mandated 90% carbon capture for existing coal plants and new fossil fuel plants. It will dive into the legal and technical backdrop to this proposed repeal, including substantive areas of energy development, climate change, and human health. Join panelists for an interactive discussion of key questions such as: what might this new regulatory landscape look like? What does the future of emissions reduction technology, including carbon capture and storage, look like? How can states move forward in a changing regulatory context?

Panelists

Caroline Cress, Senior Attorney, SELC, Chapel Hill, NC

Samuel Kay, Founder, Environmental & Health Data Analysis Trust, Washington, DC

Suedeen G. Kelly, Former Commissioner, FERC; Jenner & Block, Washington, DC

Julia Wyman (Moderator), Director, Marine Affairs Institute, Bristol, RI

Panel Liaison: Glenda Valdez, Legal Fellow, NRDC, Washington, DC

The Methodology of Climate Litigation: Youth Activism, Corporate Liability, and Climate Justice

As climate litigation rapidly heats up in the United States and abroad, lessons are emerging from youth-driven climate suits, novel public-nuisance and tort theories, and the advent of climate “superfund” statutes designed to assign cleanup responsibility to major emitters.

Panelists will examine the formulas—from youth activism and Indigenous-led claims to expanding corporate risk exposure, and transformative international rulings. The session offers insights into the formulation of new precedents and what they signal for global climate governance. Panelists will also explore how Indigenous communities, including those in the Southwest, are leveraging legal tools to assert sovereignty and protect cultural resources.

Participants will gain an understanding of procedural hurdles, remedies sought, and the litigation strategies that are defining an era of climate jurisprudence.

Panelists

Gail Evans, New Mexico Climate Director, Senior Attorney, Center for Biological Diversity, Albuquerque, NM

Liz Och, Hogan Lovells, Denver, CO

Thomas O'Keefe, Indigenous ADR, Washington, DC

Pat Parenteau (Moderator), Emeritus Professor, Vermont Law and Graduate School, South Royalton, VT

Panel Liaison: Sheronda Rose, Litigation Staff Attorney, Chesapeake Bay Foundation, Annapolis, MD

5:30 p.m. – 7:00 p.m.

Local Flair Reception

Connect with friends old and new during the Local Flair Reception while enjoying local hor d'eurves and drink favorites.

7:00 p.m. – 9:00 p.m.

Conference Dine Arounds

Participate in Dutch treat dinners (each person pays for their own meal). Dinner reservations have been made at several restaurants near the conference hotel. A Section leader will organize each dinner. This is a wonderful opportunity to meet new people, eat great food, and join lively discussions. Information about how to sign up will be emailed to conference registrants.

7:00 AM - 7:45 AM

Move & Mingle

Connect with other conference attendees on a run or walk! Meet at the conference registration desk.

7:30 AM - 8:45 AM

Continental Breakfast

8:30 AM - 9:00 AM

Keynote Address

To be announced

9:15 AM – 10:45 AM

The Secret Lives of In-House Counsel

The panel discussion will focus on the daily experiences of in-house attorneys and offer practical advice for working effectively with outside counsel. Panelists will share valuable insights into the "do's and don'ts" of collaborating with in-house teams, offering a deeper understanding of their roles in business operations. The conversation will also cover key topics such as setting environmental reserves, the evolving relationship between in-house and outside counsel, and how companies are approaching the use of AI in law firms, including evolving case law on the legality of various uses of AI. Attendees will leave with a better understanding of the dynamics at play in legal operations and how in-house and outside counsel can work together efficiently in an ever-changing legal landscape.

Panelists

Kenley Farmer (Moderator), Director, Airlines for America, Washington, DC

Juge Gregg, Crowell & Moring LLP, Washington, DC

Emily Jackson, Chief Legal Officer, Metro Water Recovery, Denver, CO

Liz Leaderman, Assistant General Counsel, Environmental and Safety, Linde, Danbury, CT

Panel Liaison: Jennifer Sanscrainte, Ogden Murphy Wallace PLLC, Seattle, WA

10:45 AM – 11:15 AM

Networking Break

11:15 AM – 12:30 PM

Concurrent Breakout Sessions

From Pen to Precedent: Preparing You and Your Clients for Environmental Rights

As New Mexico considers adopting a “green amendment,” state-level environmental rights provisions are drawing attention from lawmakers, advocates, and industry. This panel will trace environmental rights amendments (ERAs) from drafting and political strategy, to implementation, to early waves of litigation. Panelists will discuss core design choices (self-executing versus enabling, individual versus public trust, ecocentric versus anthropocentric, and remedies), how these provisions interact with existing statutory and regulatory schemes, and themes in pro- and anti-regulatory litigation. Speakers will examine practical implications for agencies, regulated entities, and Tribal and community advocates. For corporate counsel, these provisions may expand constitutional claims, increase exposure to injunctive relief and damages, and unsettle assumptions about permitting and compliance risk. By the end of the program, attendees will be able to describe key features of ERAs, analyze how drafting choices influence implementation and litigation, and evaluate strategies used by supporters and opponents in recent cases.

Panelists

Tess Dernbach, Senior Corporation Counsel, New York City Law Department, New York, NY

Wendy Kerner, Executive Director and Environmental Attorney, Ecological Consultants for the Public Interest, Frisco, CO

Margaret Murphy, Senior Counsel, PADEP, Harrisburg, PA

Antoinette Sedillo Lopez (Moderator), State Senator, New Mexico, Albuquerque, NM

Panel Liaison: Gabriella Mickel, Assistant (Teaching) Professor, Wayne State University Law School, Toledo, OH

Waste Not, Want Not: Exploring Waste Reduction Strategies in an Increasingly Circular Economy

With pressure to go green, companies are looking for opportunities to reduce or even eliminate landfill waste in their operations and products at end-of-life. This panel discusses strategies for waste reduction being implemented—whether voluntarily or due to legal requirements—by companies and the advantages and challenges experienced in the process. Panelists will discuss how extended producer responsibility (EPR) is expanding the circularity of the economy, including the redesign of products and processes to incorporate recycled material and reduce waste, increasing reusability and recyclability of products, and eliminating unnecessary packaging. Speakers will also consider costs and challenges arising from these changes, including staying competitive in the market, the expense of funding EPR programs, and where change is not practical or possible. While the lofty goal of a zero-waste future is an objective of many companies, consumers, and even regulators alike, the bumpy road ahead is lined with opportunities for innovation, public participation and positive environmental impacts.

Panelists

Molly Barker, Davis Wright Tremaine LLP, Seattle, WA

Amanda Filie, Senior Engineer, Exponent, Inc., Natick, MA

Jesse Medlong, DLA Piper LLP (US), Seattle, WA

James Pollack (Moderator), Marten Law LLP, Seattle, WA

Panel Liaison: Talia Gordner, McMillan LLP, Toronto, Ontario, Canada

12:30 PM – 1:45 PM

Luncheon with Awards Presentations

2:00 PM – 2:30 PM

Expert Insights Panels (Non-CLE)

Expert Insight Panel presented by FTI Consulting (Non-CLE)

Establishing Owner Liability for Waterway Sediment Sites

Identifying the current and historical owners of land under water at waterway sediment sites can be a key issue in the equitable allocation of environmental cleanup costs for such sites. This is particularly true because, in addition to private entities, owners of land under water can include a complex (and, occasionally, overlapping) patchwork of federal, state, municipal, and tribal entities. This presentation discusses the importance of identifying the owners of land under water in environmental matters and the challenges involved. Using several real-world examples, the presentation will consider various historical sources, ranging from 17th-century royal patents and hand-drawn maps to federal acts and common deeds, each of which can be used to piece together the puzzle of land under water ownership and identify potentially liable parties for

Presenter

Jeff Stover, Senior Director, FTI Consulting, Brentwood, TN

2:30 PM – 2:45 PM

Transition Break

2:45 PM – 4:00 PM

Concurrent Breakout Sessions

Breaking Bad Habits: Inspection Readiness to Reduce Risk of Civil and Criminal Enforcement

State and federal environmental agencies possess broad inspection authority and can make announced or surprise visits—or engage in more subtle “table-top” inspections of site records. Inspections can range from narrow and routine to highly complex, in-depth, and multi-media. Being prepared and appropriately responding to an inspection is critical to maintaining a record of compliance and credibility with regulators. This panel’s attendees will learn about inspection readiness, the scope and limitations of inspection authority, and the importance of communication in all forms of reporting. Panelists will discuss best practices and cover “what went wrong,” leading to civil and sometimes criminal investigation and enforcement. In addition to outlining the legal framework and practical realities of agency inspections, the panel will highlight strategies for cultivating a culture of inspection readiness within organizations.

Panelists will share real-world examples of both successful and problematic inspection responses, with a focus on how to manage the inspection response in a way likely to reduce the risk of enforcement escalation.

Panelists

Allyn Stern (Moderator), Beveridge & Diamond, Seattle, WA

Holli Feichko, Director-Legal EHS, Micron Technology, Inc., Boise, ID

Gloria Lucero, Deputy General Counsel, New Mexico Environment Department, Santa Fe, NM

Kim Sayers-Fay, Assistant Attorney, General Colorado Attorney General's Office, Denver, CO

Panel Liaison: Evynn Overton, Beveridge & Diamond, P.C., Baltimore, MD

Watt’s Happening? Adventures in Energy Development and Supply

Our urgent need for large-scale power—serving new and existing customers while controlling costs—has prompted a search for quickly deployable energy sources and sparked debate on how this can fit within current permitting and stakeholder processes. This discussion will address three areas. First, how can current capabilities, including various forms of nuclear power, be brought online? Second, how can the needs of stakeholders be addressed, including tribes and communities with their own specific needs and issues? Finally, how can this be done while still addressing the aging grid itself? Experienced panelists will have a robust discussion on practical strategies for tackling these tough energy challenges.

Panelists

Maranda Compton, Founder, Lepwe, Missoula, MT

Kristen Frick, Electric Grid Resilience and Innovation, Former US DOE, San Francisco, CA

Karen Marie Kemerait, Fox Rothschild LLP, Raleigh, NC

Veronica Ung-Kono (Moderator), Attorney, U.S. Clean Energy, Environmental Defense Fund, Washington, DC

Panel Liaison: David Rieser, K&L Gates LLP, Chicago, IL

4:00 PM – 4:15 PM

Transition Break

4:15 PM – 5:15 PM

Beyond Good Intentions: Structural Challenges in Pro Bono Environmental Advocacy (Ethics Credit)

Environmental law presents unique challenges for pro bono practice, with technically complex issues that can drag on for years. Meanwhile, communities facing environmental injustice desperately need legal representation but rarely have resources to pay for it. How can lawyers provide meaningful access to justice when environmental cases demand resources that pro bono models struggle to provide? This panel explores how different approaches to pro bono environmental advocacy navigate these structural tensions. Attendees will learn what distinguishes environmental cases from other pro bono work, including which matters are feasible within typical pro bono constraints and when resource limitations require difficult decisions about case selection. Panelists will discuss how to navigate divided client groups, balance legal strategy with community organizing goals, and recognize when legal intervention alone may not serve communities' needs. This session examines the gap between access to justice ideals and resource realities, and explores how lawyers can serve communities effectively while acknowledging the structural limitations of volunteer legal work.

Panelists

Cliff Villa, Professor of Law, University of New Mexico School of Law, Albuquerque, NM

Gail Suchman (Moderator), Sheppard Mullin, New York, NY

Lauren Worsek, Director of Pro Bono Initiatives, Lawyers for Good Government, Washington, DC

Panel Liaison: Joshua Ash, Director, Environmental Law and Policy Clinic, University of Pittsburgh School of Law, Pittsburgh, PA

8:30AM

Fall Leadership Day Breakfast

9:00 AM - 12:00 PM

Fall Leadership Meeting

Committee chairs and vice chairs will join Section leadership and Council liaisons to share and learn about the ABA, SEER, and committee initiatives.

12:00 PM - 1:00 PM

Luncheon

1:00 PM - 5:00 PM

Fall Council Meeting

The Section's executive committee, council, and committee chairs will gather for its quarterly meeting to hear and discuss officer, council, and committee reports.

6:30 PM - 8:30 PM

Fall Conference Dinner (Ticketed Event)

All are invited to join SEER leadership and members for dinner at High Noon Restaurant & Saloon following the conclusion of the Section of Environment, Energy, and Resources' 34th Fall Conference and Fall Council Meeting. Purchase your ticket here.