Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 am – 12:30 pm

Lunch (On your own):       12:30 – 1:30 pm

Afternoon Session:           1:30 – 4:00 pm

Regulation of Nonpoint Discharges         V. Wishart

   Overview of nonpoint pollution

   General approaches to regulation

   Regulation of agricultural runoff

   Regulation of stormwater

Waters of the United States: Clean Water Act Jurisdiction         P. Tomasi

   Navigable waterways and Army Corps jurisdiction

   Rapanos v. United States and the “significant nexus” test

   Hawkes v. United States and limits to Army Corps jurisdiction

   The Clean Water Rule and the future of Section 404 permitting

Vapor Intrusion: Pathways to Liability         L. Harpke, G. Marek

   What is vapor intrusion

   Potential liability in remediation and development of properties

   State and federal government cleanup programs

   Potential private party actions

   Allocating liability and managing liability risks through due diligence, abatement and mitigation methods

Procedures for Challenging Permits         R. Graham

   Overview of types of permits issued by Wisconsin DNR

   Who can challenge permits /standing

   Scope of permit challenges

   Procedures for administrative and judicial review

   Pitfalls for the unwary

Current Water Quality and Quantity Issues Related to Concentrated Animal Feeding Operations (CAFOs)         T. Kamp, S. Geers

   Regulation of high capacity wells and water use

   Addressing groundwater contamination from CAFOs in sensitive areas

   Wisconsin Department of Natural Resources CAFO regulation update

   Limitations of Clean Water Act citizen suit CAFO-related actions

Credits

Wisconsin Attorneys

     7.0 CLE Hours (No EPR)

Wisconsin Engineers

     6.0 PDHs

Wisconsin Geologists & Hydrologists

     Non-Credit Continuing Ed.

Continuing Education Credit Information

This seminar is open to the public. It is approved by the Wisconsin Board of Bar Examiners for 7.0 CLE hours, including no EPR hours, for attorneys.

This seminar offers up to 6.0 PDHs to Wisconsin engineers to whom the subject matter is professionally relevant. Educators and courses are not subject to preapproval in Wisconsin.

Wisconsin engineers with continuing education requirements in other states will be able to apply the hours from this seminar, in most cases. Refer to specific state rules to determine eligibility, or contact HalfMoon Education for assistance.

This seminar extends a continuing education opportunity to Wisconsin geologists and hydrologists. Continuing education is not required at this time in Wisconsin.

Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers

Sarah Geers

Midwest Environmental Advocates

Midwest Environmental Advocates, MadisonMs. Geers is a staff attorney at MEA, a nonprofit environmental law center that works for healthy water, air, land and government for this generation and the next. She works with Wisconsin residents who have environmental and public health concerns to use the power of the law to drive change. Her work involves air quality, water quality and quantity, and wetland protection issues. Ms. Geers previously served for two years as a law clerk for Justice N. Patrick Crooks of the Wisconsin Supreme Court.

Rachel Graham

Quarles & Brady LLP

Quarles & Brady LLP, MadisonMs. Graham is a member of the firm’s Commercial Litigation Group. She handles many types of litigation, including administrative and judicial challenges to wastewater permits issued by the Wisconsin Department of Natural Resources. Ms. Graham previously served for four years as a law clerk for Justice Ann Walsh Bradley of the Wisconsin Supreme Court.

Lauren Grahovac

Quarles & Brady LLP

Quarles & Brady LLP, MilwaukeeMs. Harpke is an attorney practicing in the Energy & Environmental Law Group at the Milwaukee office of Quarles & Brady LLP. She guides her clients through environmental due diligence and risk assessments in connection with corporate and real estate transactions, in addition to advising clients on regulatory compliance under a broad spectrum of environmental and worker health and safety laws.

Tressie Kamp

Midwest Environmental Advocates

Midwest Environmental Advocates, MadisonMs. Kamp is a staff attorney at MEA where her work focuses on agricultural law and policy, law clerk supervision and, other organizing and coordination with local citizen groups. She earned a degree in Wildlife Ecology from the University of Wisconsin-Madison and a law degree from Cardozo Law School in New York City. After practicing law out east,Ms. Kamp returned to Wisconsin to be closer to family, the UW Arboretum, and the shores of Lake Monona. She most recently worked as a policy analyst for the state, focusing on alternative transportation and air quality programming.

George Marek

Quarles & Brady LLP

Quarles & Brady LLP, MilwaukeeMr. Marek is a partner in the firm’s Milwaukee office. He practices in the Energy & Environmental Law Group, where he works with clients in the redevelopment of Brownfield sites, the remediation of Superfund and other contaminated properties, and transactional and real estate due diligence and risk assessments. Mr. Marek also advises clients on wind farm projects, landfill siting, environmental enforcement matters, and coordinating the investigation and remediation of toxic mold.

Peter Tomasi

Quarles & Brady LLP

Quarles & Brady LLP, MilwaukeeMr. Tomasi is a member of the firm’s Energy & Environmental Law group, and he co-chairs the Energy & Sustainability industry team. He helps clients in the pulp and paper, mining, utility, and pharmaceutical industries obtain, defend, and comply with environmental permits. Mr. Tomasi also advises clients on transactional due diligence, audit compliance programs, and compliance with U.S. Department of Transportation shipping requirements.

Vanessa Wishart

Stafford Rosenbaum LLP

Stafford Rosenbaum LLP, MadisonMs. Wishart joined Stafford Rosenbaum as an associate attorney in June 2015. Her practice focuses primarily on water issues and includes representation of municipal wastewater treatment plants. Prior to joining Stafford, Ms. Wishart was a clerk for the Wisconsin Court of Appeals. She holds a J.D. degree from the University of Wisconsin Law School and an M.S. degree in Environmental Resource Management from the University of Wisconsin Nelson Institute for Environmental Studies.