Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 am – 12:00 pm

Lunch (On your own):       12:00 – 1:00 pm

Afternoon Session:           1:00 – 4:30 pm

Introduction                G. Dunn

Ethical Issues in Water Law and Regulation
        R. Longest

   Water as human right

   Water as a commodity

   Ethical issues in water use

 


Development of Water Laws: Quantity, Quality and Usage
        G. Dunn

   Development of the common law of water rights

   Statutory and regulatory limits on the exercise of water rights

   Federal, state and local regulators

   Development of the law on water quality preservation

   Comprehensive water planning

 


Water Utility Regulation
          D. Higgins

   Types of water utilities

   Regulation of utility service areas

   Application and permitting process for service areas

   Utility construction design standards and approvals

   Current issues in utility service area regulation

 


Understanding North Carolina Groundwater Rights 
        K. Johnson

   Ownership of groundwater

   Regulation of groundwater rights

   Obtaining groundwater rights

   Application and permitting process

   Current issues in groundwater rights

 

 

Complying with Water Quality Laws and Regulations         M. Kelley

   Identifying your regulator(s)

   Using permits and other compliance mechanisms to your advantage

   Understanding typical grouping of permits

   Responding appropriately to enforcement

   Knowing your litigation options and when to use them

 

 

 

State and Regional Water Management and Planning          S. Sullivan

   Surface water resources

   Groundwater resources

   Regional water planning

   Interstate water compacts

   Recent developments

   Future projections and challenges

Credits

Attorneys
     6.5 North Carolina CLE Hours
     6.5 Virginia CLE Hours
North Carolina Certified  Paralegals
     6.5 CLE Hours
Professional Engineers
     6.5 PDHs
Geologists
     Non-mandatory CE 
Continuing Education Credit Information

This seminar is open to the public. The North Carolina Board of Continuing Legal Education and the Virginia Mandatory Continuing Legal Education Board have each approved this program for 6.5 CLE, which includes no ethics hours.

This seminar offers North Carolina professional engineers and 6.5 PDHs. HalfMoon Education is an approved continuing education provider in North Carolina.

This course offers a continuing education opportunity to North Carolina geologists. Continuing education is not required for North Carolina geologists.

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.

 6.5 CLE Hours

Speakers

H. Glenn T. Dunn

Partner with Poyner Spruill LLPMr. Dunn has over 30 years of experience over the full range of environmental law practice. He has represented cities, counties, developers, industries and lenders regarding compliance with regulatory requirements, environmental risk analysis, remediation, and when necessary, administrative litigation. His representative experience includes representing numerous municipalities and industrial clients in obtaining and defending permits for wastewater treatment plants, solid waste landfills and other municipal facilities; counseling property owners and major developers regarding wetlands, stormwater compliance, wastewater treatment permits, and coastal development issues; and counseling major public and private developers regarding Environmental Impact Statement requirements. He has written manuals for municipal clients regarding environmental due diligence in acquiring property. 

Dan Higgins

Attorney with Burns, Day & Presnell, P.A.Mr. Higgins focuses on representing businesses and public utility companies involved in the telecommunications,water, sewer, power and renewable energy industries. This representation includes regular appearances and practice before the North Carolina Utilities Commission, and the North Carolina Rural Electrification Authority, and includes occasional involvement in matters before the Federal Communications Commission and the Federal Energy Regulatory Commission. He worked in the Special Prosecutions Section of the Attorney General’s Office for four years and is a founding member of Burns, Day and Presnell, P.A. Mr. Higgins has over 25 years’ experience in practicing before the North Carolina Utilities Commission, and he has represented incumbent local exchange carriers, water and sewer service providers, competitive local exchange companies, commercial mobile radio service providers, natural gas companies, municipalities, and municipal power agencies. 

Keith H. Johnson

Partner with Poyner Spruill LLPMr. Johnson is chair of Poyner Spruill’s Land Use, Utilities, Government, Environmental and Real Estate Section, and he leads the Sustainability Practice Group and E-Discovery Team. His practice focuses on environmental and municipal law, and commercial litigation. He has guided clients through virtually every state program designed to address contaminated property, including brownfields agreements, the dry-cleaning solvent program, petroleum underground storage tanks and reimbursements, and voluntary cleanups under the state’s inactive hazardous sites law. His litigation experience includes citizens suits, class action lawsuits, and litigation under the state Administrative Procedures Act over inter-basin water transfers and penalties and other enforcement actions initiated by state environmental authorities. Mr. Johnson has assisted developers and local governments with the planning, permitting and construction of a variety of projects, including solid waste recycling and disposal facilities, and compliance with the state Environmental Policy Act. 

Mary Penny Kelley

Partner with Marlies Kelley Law OfficesMs. Kelley practices law in the private sector as a partner in Marlies Kelley Law Offices where she assists her clients with environmental law matters. She entered private practice after eight years as an executive with the state agency now known as the N.C. Department of Environmental Quality. She held positions as general counsel, assistant secretary and chief deputy secretary and helped shape policy, regulation and enforcement in both water quality and water quantity issues. Prior to joining the agency, Ms. Kelley worked in the N.C. Department of Justice as an Assistant Attorney General. In that role, she represented the agency in issues involving water quality, land quality, animal waste management, well driller’s certification, and coastal management. She also advised the agency on drafting state rules to implement the federal program commonly known as Phase II Stormwater and defended those rules as they progressed through layers of review. She was recognized for her environmental leadership by all three cabinet secretaries with which she served. Ms. Kelley serves on the Council for the NC Bar Association’s Environment, Energy and Natural Resources Section and Co-chairs its Pro Bono Committee. 

Ryke Longest

Director of the Environmental Law and Policy Center at Duke University School of LawMr. Longest teaches Water Resources Law at Duke University School of Law. He also directs the Environmental Law and Policy Clinic, which teaches students how to represent nonprofit environmental organizations as part of a public interest law firm. Before he became a professor, Mr. Ryke was a Special Deputy Attorney General working for the North Carolina Department of Justice. During his 14-year career at NCDOJ, he represented state agencies charged with protecting North Carolina’s environment. Mr. Ryke’s practice has included client counseling, trial representation and appellate work at all levels. He received his B.A. degree in English from the University of North Carolina in Chapel Hill in 1987 and graduated from the University of North Carolina School of Law in 1991.

Sean M. Sullivan

Partner with Troutman Sanders LLPMr. Sullivan is a partner in the firm’s environmental practice. His practice focuses on compliance counseling and enforcement defense regarding all of the major federal environmental statutes, as well as the preparation of comments on federal and state rulemakings, brownfields redevelopment, and environmental support for the firm’s corporate and real estate practices. He regularly advises manufacturers and electric utilities regarding air permitting and compliance questions, NPDES and wetlands permitting, hazardous waste management, the regulation of pesticides, tier II reporting and toxic release inventory reporting. Mr. Sullivan has also assisted developers to negotiate a number of Brownfields Agreements with the North Carolina Brownfields Program.