Why attend?
Serious environmental and land use attorneys know that MCLE's annual Environmental & Land Use Law Conference is "the place to be" on January 15. Join your colleagues at this premier event to learn what happened in the legislature, state agencies, and courts. Find out what you need to know for your clients and your career, and catch up on what you missed during this busy year. Keep track of court decisions, current regulations, and pending bills, and spot new ideas for your federal, state, or local practice.
Amongst the topics covered this year are energy reform initiatives at EOFEA and DEP, "Green Projects," the Ocean Management Act, and recent developments in practice areas.
Leading practitioners in the field and accomplished MCLE speakers and authors share their practical expertise. The plenary format gives you the latest information on a variety of hot topics. Get what you need direct from the experts.
The presentations are comprehensive,
in-depth, and very practical. Ask your questions right from the audience and catch up with your colleagues during the networking breaks, and at our popular reception for faculty and registrants following the Conference.
See you there!
Keynote Speaker
Laurie Burt on The Nexus of Energy and Environmental Protection
The Commonwealth has launched an ambitious agenda to address the impact of energy on the environment. As the state's environmental regulatory agency, the Massachusetts Department of Environmental Protection is implementing programs to address climate change in addition
to its historic mission to ensure clean water and air, timely cleanup of hazardous wastes, and preservation of wetlands and coastal resources. Learn what DEP is doing to reduce greenhouse gas emissions and encourage energy efficiency, as well as to streamline permitting, enhance the state's stormwater program, continue enforcement efforts, increase technical assistance, and other initiatives. Laurie Burt was appointed Commissioner of DEP in 2007, after founding the environmental law practice at Foley Hoag LLP.
Conference Schedule, Thursday, January 15, 2009
9 - 9:15 a.m.
Welcome and Introduction
- Pamela D. Harvey, Esq., Cochair, Department of Environmental Protection, Commonwealth
of Massachusetts
- Gregor I. McGregor, Esq., Cochair, McGregor & Associates, PC, Boston
9:15 - 9:40 a.m.
Massachusetts Environmental Policy Act Update 2009
New developments at MEPA, including the Greenhouse Gas Emissions Policy, Public Benefit Determinations for landlocked tidelands, and streamlined permitting.
- Alicia B. McDevitt, Esq., Assistant Secretary,
Executive Office of Energy and Environmental
Affairs
Director,
Massachusetts Environmental Policy Act Program, Commonwealth of
Massachusetts
9:40 - 10:05 a.m.
Attorney General Litigation and Enforcement
The status of the Attorney General's Office on state enforcement of environmental laws, including current priorities and cases with broader ramifications for the environmental bar.
- James R. Milkey, Esq., Office of the Attorney General, Commonwealth of Massachusetts
10:05 - 10:30 a.m.
Federal Regulation Update 2009
New regulations and program initiatives at EPA, including air,
water, hazardous waste, and smart growth.
- Carl F. Dierker, Esq., U.S. Environmental Protection Agency, Region 1, Boston
10:30 - 10:45 a.m.
Networking Break
10:45 - 11:10 a.m.
Energy Reform Legislation
The Green Communities Act, the Global Warming Solutions Act, and other energy legislation passed in 2008.
- Kenneth L. Kimmell, Esq., Executive Office of Energy and Environmental Affairs, Commonwealth of Massachusetts
11:10 - 11:35 a.m.
Green Projects
Issues in the promotion and permitting of green buildings, and other alternative energy projects, including municipal jurisdiction and MEPA review.
- James W. Hunt III, Esq., Chief, Environmental & Energy Services, City of Boston, Commonwealth of Massachusetts
11:35 a.m. - 12:15 p.m
Keynote Address: The Nexus of Energy and Environmental Protection
- Laurie Burt, Esq., Commissioner, Department of Enviromental Protection, Commonwealth of Massachusetts
12:15 - 1:15p.m.
Lunch (on your own)
1:15 - 1:40 p.m.
Open Space Conservation and Taxation
Planning and transaction considerations, including easements,
restrictive covenants, and new opportunities under the
Environmental Bond Bill passed in 2008.
- Nancy E. Dempze, Esq., Hemenway & Barnes LLP, Boston
1:40 - 2:05 p.m.
Environmental Permitting Litigation
Current issues in environmental and land use litigation, including
jurisdiction, standing, procedure, discovery, expert witnesses,
remedies, and important holdings.
- Mary K. Ryan, Esq., Nutter McClennen & Fish LLP, Boston
2:05 - 2:30 p.m.
Survey of Land Use and 40B Cases
A synopsis of the most important Supreme Judicial Court, Appeals
Court, Land Court, and Superior Court decisions on land use law and
procedure, and affordable housing with attention to decisions of the state housing appeals committee.
- Professor Mark Bobrowski, New England School of Law, Boston
2:30 - 2:45 p.m.
Networking Break
2:45 - 3:10 p.m.
Survey of Subdivision and Zoning Cases
Presentation of the leading Supreme Judicial Court, Appeals Court,
Land Court and Superior Court decisions dealing with the Subdivision Control Act and the Zoning Act, including standing, board powers, and moratoria.
- Martin R. Healy, Esq., Goodwin Procter LLP, Boston
3:10 - 3:35 p.m.
Survey of DEP and Home Rule Cases
An annual compilation of state environmental agency rulings, DEP
administrative cases, and court decision on wetlands and other topics, plus court rulings under municipal Home Rules environmental bylaws.
- Richard A. Nylen, Esq., Lynch, DeSimone & Nylen LLP, Boston
3:35 - 4 p.m.
Update on 21E and Brownfields
The latest in practice for hazardous waste cleanup and brownfields
redevelopment, including AULs, LSP standard of care, exemptions, defenses, cost recovery, and DEP audits and enforcement.
- Christopher B. Myhrum, Esq., Bulkley, Richardson and Gelinas LLP, Springfield
4 - 4:25 p.m.
Massachusetts Oceans Act
Implementation of landmark legislation passed in 2008 to develop
"zoning" for Massachusetts coastal waters.
- Deerin Babb-Brott, Assistant Secretary, Executive Office of Energy and Environmental Affairs, Commonwealth of Massachusetts
4:25 - 4:50 p.m.
Municipal Powers and Bylaws
Court cases, local zoning, home rule bylaws, the Public Records law, Open Meeting Law, and conflicts of interest.
- James B. Lampke, Esq., Lampke & Lampke, Hingham
4:50 - 5:00 p.m.
"Ask the Experts" Q&A Session
5:00 p.m.
Reception for Faculty and Registrants