2
STATE BAR OF TEXAS P.O. Box 12487 Austin, Texas 78711-2487 NONPROFIT ORGANIZATION U.S. POSTAGE PAID PERMIT NO. 1804 AUSTIN, TEXAS “It’s like déjà vu all over again” 2 8 th A n n u a l Texas Environmental Superconference Presented by: • State Bar of Texas Environmental & Natural Resources Law Section • Air & Waste Management Association, Southwest Section • Water Environment Association of Texas • Texas Association of Environmental Professionals • The Auditing Roundtable • American Bar Association Section of Environments, Energy & Resources Supported by: Earth Day Texas Thursday–Friday August 4–5, 2016 Austin, Texas Register Now! Sponsors The Texas Environmental Superconference recognizes its sponsors for their generous support of the conference and the programs of the Environmental and Natural Resources Law Section: Andrews Kurth LLP Baker Botts L.L.P. Baker • Wotring LLP Beveridge & Diamond, PC Bracewell LLP • Enoch Kever PLLC • Guida, Slavich & Flores, P.C. Haynes and Boone, LLP Jackson Walker, L.L.P. Katten Muchin Rosenman LLP K&L Gates LLP Lloyd Gosselink Rochelle & Townsend, P.C. Norton Rose Fulbright LLP Pillsbury Winthrop Shaw Pittman LLP The Law Office of C. William Smalling, PC Strasburger & Price, LLP Thompson & Knight LLP Vinson & Elkins LLP Winstead PC Supporter Information CLE: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 12 credit hours, of which 1 credit hour will apply to legal ethics/professional responsibility credit. This program has also been certified by the Texas Board of Legal Specialization for continuing legal education requirements for attorneys and legal assistants in the following specialty fields, for 12 hours each: Administrative Law; Civil Trial Law; Civil Appellate Law; Oil, Gas and Mineral Law; and Real Estate. The course number is: 901354143 PARKING: Conference attendees receive a discounted self-parking rate of $12/day in the Four Seasons Hotel garage, but parking is very limited. Information on parking alternatives can be found at http://www.texenrls.org. Overnight parking for hotel guests is an additional charge. DRESS: Casual (It’s Austin!) HOTEL: A limited block of rooms has been reserved at the Four Seasons Hotel at a special group rate of $239/night for a city view or $279/night for a lake view. Rates are effective through the weekend. Reservations must be made no later than July 15, 2016, but in past years the room block has sold out well in advance of this date. Once the room block is filled, the rate will be higher. For reservations and to request these special rates, please contact the hotel directly by phone at 512.685.8100 or online at www.fourseasons.com, using as a code: TXES2016. Superconference REGISTRATION INFORMATION: Registration is online at http://www.texenrls.org Check payments must be received by July 15, 2016 or your registration will be cancelled. All online registrants will receive a confirmation email. Please bring the confirmation email with you to the conference. If you do not receive an email within 24 hours of online registration, please contact Superconference as you may not be registered. REGISTRATION DEADLINE: Register early! Don’t be left out! Registration received after July 15, 2016, if still open, will be an additional $25.00. CANCELLATION POLICY: Registrants will receive a full refund if cancellation notice is received by July 22, 2016. After this date, a $150 cancellation fee will be assessed. Cancellations after July 29, 2016 will not receive a refund, but you may substitute an attendee by notifying Superconference prior to August 4, 2016. REGISTRATION OPTIONS: All Registrants will receive meals, as noted on the program, and an electronic version of the course materials. Registrants may opt for printed materials as well – at an extra charge of $75. Non-Government without printed course materials ............................................................. $505 Government without printed course materials ..................................................................... $195 Full time Student without printed course materials.............................................................. $110 For those not attending but who wish to purchase course materials, course materials can be purchased for $150. If you have any questions, please contact: The Superconference at 512.867.8507 or [email protected] For further information concerning the Environmental and Natural Resources Law Section of the State Bar of Texas, please visit: http://www.texenrls.org The Superconference will not accept any walk-in or onsite registrations. Please register online. Jeff Civins, Chair Haynes and Boone, LLP Carolyn Ahrens Booth, Ahrens & Werkenthin Debra Tsuchiyama Baker Baker • Wotring LLP Cindy Bishop C Bishop Law PC Anthony Cavender Pillsbury Winthrop Shaw Pittman LLP Carrick Brooke-Davidson Guida, Slavich & Flores, P.C. Scott Deatherage Attorney at Law Shelly M. Doggett Office of the Attorney General Lisa Dyar Winstead PC Pam Giblin Baker Botts L.L.P. Phillip Goodwin City of Houston Paul Gosselink Lloyd Gosselink Rochelle & Townsend, P.C. Peter Gregg Dubois, Bryant & Campbell LLP Lydia González Gromatzky Andrews Kurth LLP Eric Groten Vinson & Elkins LLP Booker Harrison TCEQ Tucker Henson EPA Region 6 John Jacobi G2 Partners, LLC David Klein Lloyd Gosselink Rochelle & Townsend, P.C. Edward Lewis Norton Rose Fulbright LLP Arnoldo Medina Valero Mary Mendoza Haynes and Boone, LLP Bryan Moore Beveridge & Diamond, PC Steve Morton K&L Gates LLP Julie Nahrgang Water Environment Association of Texas Michael Nasi Jackson Walker, L.L.P. Jeffrey Saitas Saitas and Seales Cindy Smiley Smiley Law Firm, P.C. Christopher Smith Thompson & Knight LLP Caroline Sweeney TCEQ Gindi Eckel Vincent ExxonMobil Corporation Constance Westfall Strasburger & Price, LLP Timothy Wilkins Bracewell LLP Danny Worrell Katten Muchin Rosenman LLP 2016 PLANNING COMMITTEE

2 8 t h A nnual NONPROFIT ORGANIZATION U.S. POSTAGE …cbishoplaw.com/gallery/superbro_2016_v8.pdf · Superconference 2 8 t h A n u a l Texas Environmental “It’s like déjà vu

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Page 1: 2 8 t h A nnual NONPROFIT ORGANIZATION U.S. POSTAGE …cbishoplaw.com/gallery/superbro_2016_v8.pdf · Superconference 2 8 t h A n u a l Texas Environmental “It’s like déjà vu

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Presented by:• State Bar of Texas Environmental & Natural Resources Law Section• Air & Waste Management Association, Southwest Section• Water Environment Association of Texas• Texas Association of Environmental Professionals• The Auditing Roundtable

“It’s like déjà vu all over again”

28th AnnualTexas Environmental

Superconference

Presented by:• State Bar of Texas Environmental & Natural Resources Law Section• Air & Waste Management Association, Southwest Section• Water Environment Association of Texas• Texas Association of Environmental Professionals• The Auditing Roundtable• American Bar Association Section of Environments, Energy & Resources

Supported by: Earth Day Texas

Thursday–Friday • August 4–5, 2016 • Austin, Texas

Register Now!

SponsorsThe Texas Environmental Superconference recognizes its sponsors for their generous support of the conference and the programs of the Environmental and Natural Resources Law Section:Andrews Kurth LLP • Baker Botts L.L.P. • Baker • Wotring LLP • Beveridge & Diamond, PC • Bracewell LLP • Enoch Kever PLLC • Guida, Slavich & Flores, P.C. • Haynes and Boone, LLP • Jackson Walker, L.L.P. • Katten Muchin Rosenman LLP • K&L Gates LLP • Lloyd Gosselink Rochelle & Townsend, P.C. • Norton Rose Fulbright LLP • Pillsbury Winthrop Shaw Pittman LLP • The Law Office of C. William Smalling, PC • Strasburger & Price, LLP • Thompson & Knight LLP • Vinson & Elkins LLP • Winstead PC

Supporter

InformationCLE: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 12 credit hours, of which 1 credit hour will apply to legal ethics/professional responsibility credit. This program has also been certified by the Texas Board of Legal Specialization for continuing legal education requirements for attorneys and legal assistants in the following specialty fields, for 12 hours each: Administrative Law; Civil Trial Law; Civil Appellate Law; Oil, Gas and Mineral Law; and Real Estate. The course number is: 901354143PARKING: Conference attendees receive a discounted self-parking rate of $12/day in the Four Seasons Hotel garage, but parking is very limited. Information on parking alternatives can be found at http://www.texenrls.org. Overnight parking for hotel guests is an additional charge.DRESS: Casual (It’s Austin!)HOTEL: A limited block of rooms has been reserved at the Four Seasons Hotel at a special group rate of $239/night for a city view or $279/night for a lake view. Rates are effective through the weekend. Reservations must be made no later than July 15, 2016, but in past years the room block has sold out well in advance of this date. Once the room block is filled, the rate will be higher. For reservations and to request these special rates, please contact the hotel directly by phone at 512.685.8100 or online at www.fourseasons.com, using as a code: TXES2016.

Superconference REGISTRATION INFORMATION: Registration is online at http://www.texenrls.orgCheck payments must be received by July 15, 2016 or your registration will be cancelled.All online registrants will receive a confirmation email. Please bring the confirmation email with you to the conference. If you do not receive an email within 24 hours of online registration, please contact Superconference as you may not be registered.REGISTRATION DEADLINE: Register early! Don’t be left out! Registration received after July 15, 2016, if still open, will be an additional $25.00.CANCELLATION POLICY: Registrants will receive a full refund if cancellation notice is received by July 22, 2016. After this date, a $150 cancellation fee will be assessed. Cancellations after July 29, 2016 will not receive a refund, but you may substitute an attendee by notifying Superconference prior to August 4, 2016.REGISTRATION OPTIONS: All Registrants will receive meals, as noted on the program, and an electronic version of the course materials. Registrants may opt for printed materials as well – at an extra charge of $75.Non-Government without printed course materials .............................................................$505 Government without printed course materials .....................................................................$195 Full time Student without printed course materials ..............................................................$110For those not attending but who wish to purchase course materials, course materials can be purchased for $150.If you have any questions, please contact: The Superconference at 512.867.8507 or [email protected] further information concerning the Environmental and Natural Resources Law Section of the State Bar of Texas, please visit: http://www.texenrls.orgThe Superconference will not accept any walk-in or onsite registrations. Please register online.

Jeff Civins, Chair Haynes and Boone, LLP

Carolyn Ahrens Booth, Ahrens & Werkenthin

Debra Tsuchiyama Baker Baker • Wotring LLP

Cindy Bishop C Bishop Law PC

Anthony Cavender Pillsbury Winthrop Shaw Pittman LLP

Carrick Brooke-Davidson Guida, Slavich & Flores, P.C.

Scott Deatherage Attorney at Law

Shelly M. Doggett Office of the Attorney General

Lisa Dyar Winstead PC

Pam Giblin Baker Botts L.L.P.

Phillip Goodwin City of Houston

Paul Gosselink Lloyd Gosselink Rochelle & Townsend, P.C.

Peter Gregg Dubois, Bryant & Campbell LLP

Lydia González Gromatzky Andrews Kurth LLP

Eric Groten Vinson & Elkins LLP

Booker Harrison TCEQ

Tucker Henson EPA Region 6

John Jacobi G2 Partners, LLC

David Klein Lloyd Gosselink Rochelle & Townsend, P.C.

Edward Lewis Norton Rose Fulbright LLP

Arnoldo Medina Valero

Mary Mendoza Haynes and Boone, LLP

Bryan Moore Beveridge & Diamond, PC

Steve Morton K&L Gates LLP

Julie Nahrgang Water Environment Association of Texas

Michael Nasi Jackson Walker, L.L.P.

Jeffrey Saitas Saitas and Seales

Cindy Smiley Smiley Law Firm, P.C.

Christopher Smith Thompson & Knight LLP

Caroline Sweeney TCEQ

Gindi Eckel Vincent ExxonMobil Corporation

Constance Westfall Strasburger & Price, LLP

Timothy Wilkins Bracewell LLP

Danny Worrell Katten Muchin Rosenman LLP

2 0 1 6 P L A N N I N G C O M M I T T E E

Page 2: 2 8 t h A nnual NONPROFIT ORGANIZATION U.S. POSTAGE …cbishoplaw.com/gallery/superbro_2016_v8.pdf · Superconference 2 8 t h A n u a l Texas Environmental “It’s like déjà vu

Superconference28th Annual

Texas Environmental

“It’s like déjà vu all over again”

Four Seasons HotelThursday-Friday

August 4-5, 2016

6:00 P.M – 8:00 P.M. sponsored by Sage ATC

MODERATORS Tim Wilkins, Bracewell LLP Danny Worrell, Katten Muchin Rosenman LLP

PANELISTS George Wilkinson, Vinson & Elkins LLP Kevin Collins, Bracewell LLP Chris Pepper, Winstead PC Greg Dillard, Katten Muchin Rosenman LLP Richard Mullinax, Fleishman-Hillard

WEDNESDAY EVENING REGISTRATION Please register online at www.texenrls.orgNon-Government .................................................................... $135Government .............................................................................. $85Student ....................................................................................... $0

CLE: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 2 credit hours.This program has been certified by the Texas Board of Legal Specialization for continuing legal education requirements for attorneys and legal assistants in the following specialty fields, for 2 hours each: Administrative Law; Civil Trial Law; Civil Appellate Law; Oil, Gas and Mineral Law; and Real Estate. The course number is 901354141.

REGISTRATION DEADLINE: July 15, 2016. Registration received thereafter will be an additional $25.00.

CANCELLATION POLICY: Registrants will receive a full refund if cancellation notice is received by July 22, 2016. After this date, a $25 cancellation fee will be assessed. Cancellation received after July 29, 2016 will not receive a refund.If you have any questions, please contact: 512-867-8540 or [email protected]

Wednesday Evening, August 3, 2016Four Seasons Hotel

MANAGING ENVIRONMENTAL

CRISES

Thursday, August 4, 20168:00 – 8:35 REGISTRATION/CONTINENTAL BREAKFAST—“If people don’t want to come to the ballpark, how are you going to stop them?”8:35 – 9:00 OPENING REMARKS—“It was impossible to get a conversation going, everybody was talking too much” Jeff Civins, Texas Environmental Superconference Allison Exall, Environmental and Natural Resources Law Section, State Bar of Texas Kevin Smith, Air & Waste Management Association, Southwest Section Julie Nahrgang, Water Environment Association of Texas Mike McClellan, Texas Association of Environmental Professionals Michael Byington, Auditing Roundtable Danny Worrell, ABA Section of Environment, Energy & Resources Bruce Fogerty, Earth Day Texas

Moderator: Booker Harrison, TCEQ

9:00 – 9:30 CASE LAW UPDATE—“In theory, there’s no difference between theory and practice, but in practice, there is” Michael Vitris, Beveridge & Diamond, PC9:30 – 10:15 TCEQ CONTESTED CASE HEARING RULES – TWO PERSPECTIVES “You wouldn’t have won if we’d beaten you“ David Frederick, Frederick, Perales, Allmon & Rockwell, PC Derek Seal, Winstead PC10:15 – 10:30 BREAK – sponsored by Terracon

Moderator: Gindi Vincent, ExxonMobil Corporation

10:30 – 12:00 AIR QUALITY—“If you don’t know where you’re going, you’ll end up someplace else” Gabriel Clark-Leach, Environmental Integrity Project Steve Hagle, Deputy Director, Office of Air, TCEQ Suzanne Murray, Haynes and Boone, LLP Matt Paulson, Bracewell LLP Mark Walters, Jackson Walker, L.L.P.

12:00 – 1:15 LUNCH – sponsored by ERM

Moderator: Carolyn Ahrens

1:15 – 2:15 WATER ISSUES—“We have deep depth” Molly Cagle, Baker Botts L.L.P. Doug Caroom, Bickerstaff Heath Delgado Acosta LLP Jason Hill, Lloyd Gosselink Rochelle & Townsend, P.C.2:15 – 3:00 EPA TCEQ RELATIONS —“Okay you guys, pair up in threes” Ron Curry, Regional Administrator, EPA Region 6 Bryan Shaw, Chairman, TCEQ3:00 – 3:15 BREAK – sponsored by Geosyntec

Moderator: Eddie Lewis, Norton Rose Fulbright

3:15 – 4:15 ENFORCEMENT—“We made too many wrong mistakes” Tony Benedict, Assistant Attorney General of Texas Matt Morrison, Pillsbury Winthrop Shaw Pittman LLP Cheryl Seager, Assistant Regional Counsel, EPA Region 6 4:15 – 4:45 ESA DEVELOPMENTS AFFECTING THE ENERGY INDUSTRY “He hits from both sides of the plate. He’s amphibious.” Melinda Taylor, Director, KBH Energy Center, University of Texas 4:45 – 5:15 INSURANCE RECOVERY FOR ENVIRONMENTAL LIABILITY “Take it with a grin of salt” Mike Goodstein, Hunsucker Goodstein & Nelson PC5:15 – 6:00 RECEPTION—“It’s getting late early”—sponsored by Cirrus

Friday, August 5, 20168:00 – 8:25 CONTINENTAL BREAKFAST 8:25 – 8:30 OPENING REMARKS—“I never said most of the things I said”

Moderator: Peter Gregg, DuBois Bryant & Campbell

8:30 – 9:15 VAPOR INTRUSION—“No one goes there nowadays, it’s too crowded” Technical Issues: Laurie Haws, ToxStrategies Legal Perspective: Scott Deatherage

9:15 – 10:15 INSTITUTIONAL GOVERNANCE AND THE ENVIRONMENTAL CRISIS * “How can you think and hit at the same time?” Elizabeth Bourbon, Valero Mark Farley, Katten Muchin Rosenman LLP George Wilkinson, Vinson & Elkins LLP Earnest Wotring, Baker • Wotring LLP 10:15 – 10:30 BREAK—sponsored by Pastor, Behling & Wheeler, LLC

Moderator: Phillip Goodwin, City of Houston

10:30 – 11:15 ENVIRONMENTAL AUDIT POLICY—Penalties, Privilege, and Immunity—What’s in it for me?—“If the world were perfect, it wouldn’t be” Gary Jonesi, Office of Civil Enforcement, EPA DC Jim Morriss, Thompson & Knight LLP11:15 – 12:00 THE BP CRIMINAL LITIGATION – A WAR STORY—“Even Napoleon had his Watergate” David Gerger, Quinn Emanuel Urquhart & Sullivan, LLP Shaun Clarke, Smyser Kaplan & Veselka, L.L.P.12:00 – 1:15 LUNCH—co-sponsored by CH2MHill & Exponent1:15 – 1:30 SBOT ENRLS Meeting—“You should always go to other people’s funerals, otherwise they won’t come to yours”

Moderator: Cindy Bishop, C Bishop Law PC

1:30 – 2:00 NEWS FROM EPA—“The future ain’t what it used to be” James O’Rourke Payne, Jr., Regional Counsel, EPA Region 62:00 – 2:30 ENVIRONMENTAL APPEALS—The View from the Bench “You can observe a lot by just watching” The Honorable Jeff Brown, Justice, Texas Supreme Court2:30 – 3:15 ENVIRONMENTAL ISSUES IN DISTRESSED ASSET TRANSACTIONS “Slump? I ain’t in no slump . . . . I just ain’t hitting” John Slavich, Guida Slavich & Flores, P.C. Joseph Wielebinski, Munsch Hardt Kopf & Harr PC 3:15 – 3:45 ETHICAL ISSUES INVOLVING PARALLEL PROCEEDINGS* “When you come to a fork in the road, take it” Barry Hartman, K&L Gates LLP3:45 ADJOURN —“It ain’t over till it’s over” Sundaes—sponsored by Leggette, Brashears & Graham, Inc.

*Session includes .5 hours of ethics CLE.

REGULATORY AND COMMON LAW CONCERNS, PLANNING AND RISK MANAGEMENT, CRISIS RESPONSE, AND DEALING WITH MULTIPLE AGENCIES AND THE PUBLIC

YES

“It’s tough to make predictions, especially

about the future”