2022 Environmental And Land Use Law Section WSBA CLE Midyear Meeting .

Transcription

2022 Environmental and Land Use Law SectionMidyear Meeting & ConferenceWSBA CLE22739 CLE/WEBThursday, May 5, 2022 toSaturday, May 7, 2022Tuition: 389 – ELUL Section Members 429 – Standard/Non-Section Members 429 – Join the Section ( 40) to you cartduring checkout and register atthe Section member rate ( 389).11.0 CLE creditsL&LP – 10.0Ethics – 1.0Suncadia Resort3600 Suncadia Trail,Cle Elum, WA 98922In-Person and WebcastPresented in partnership with the WSBA Environmental and Land Use Law Section.DESCRIPTION:Join us in-person or virtually for the Environmentaland Land Use Midyear May 5th – May 7th. We will belive from Suncadia Resort as well as broadcasting viathe internet. However you chose to join us, whetherin person or via webcast, this will be an informativeand interesting conference.LODGING INFORMATION:There is a block of discounted rooms held forattendees until April 4, 2022 after which reservationswill be based on space availability and the roomprices may increase. Room reservations madeunder the WSBA arranged room block are forattendees of the Midyear Conference only. If a nonattendee would like to stay in the area, please findaccommodations outside of the WSBA room block.TO RESERVE YOUR ROOM:For more information on Suncadia’saccommodations, please visit:Washington State Resort Mountain Resort Suncadia Resort (destinationhotels.com)CO-CHAIRS:David Dicks – Plauche & Carr LLP, SeattleJacob Stillwell – VanNess Feldman LLP, SeattleWSBA CLE Invested in your success. COVID-19 VACCINATION/TESTINGREQUIREMENTS:All in-person attendees will be required toprovide either: proof of full vaccination as wellas a booster shot against COVID-19 or proofof a negative PCR COVID test within the past48 hours. Verification will occur at the event.Properly worn disposable masks (surgical,KF94, KN95, N95) required for everyone whilein the conference room together unless activelyeating /drinking. Requirements are subject tochange.Verification of vaccination may be establishedby any of the following methods ofdocumentation: CDC COVID-19 Vaccination Record Card, orphoto of CDC COVID-19 Vaccination RecordCard QR Code, digital or printed certificate fromMyIRmobile.com or WAverify.org. Vaccine administration record from a vaccineprovider, including an individual’s doctor,pharmacy, or other official immunizationrecord from within or outside the U.S.,including a photo or photocopyThe WSBA will not retain any COVID-19vaccination status, COVID-19 test results,or other medical information disclosed atregistration. Please do NOT send COVID-19vaccination or test records to the WSBA.

2022 Environmental and Land Use Law Section Midyear Meeting & ConferenceThursday, May 5, 2022 – Saturday, May 7, 2022 22739 CLE/WEB(schedule continued from previous page)ScheduleDAY ONE – THURSDAY, MAY 5, 202211:30 a.m. Check-in Walk-in RegistrationCoffee and Pastry Service12:25 p.m. Welcome and Introductions byProgram Co-ChairsDavid Dicks – Plauche & Carr LLP, SeattleJacob Stillwell – VanNess Feldman LLP, Seattle12:30 p.m. Legislative Update from Washington’s 2022Legislative SessionWhat happened in the Washington State Legislature in 2022?There were numerous environmental policy and budget bills inthe mix. What was passed? What failed? What matters most?Bill Clarke – Bill Clarke Attorney at Law & Government Affairs,Olympia1:30 p.m.Nonconforming UsesThis presentation will analyze the treatment of nonconforminguses in Washington State. The presentation will identifypotential conflicts between case law and local nonconforminguse codes, and identify approaches to reconcile the same.Jeremy Eckert – Tharsis Law P.S., Seattle2:30 p.m.BREAK2:45 p.m.Land Development and Water RightsThe Hirst fix legislation attempted to clarify counties’responsibilities to determine that water availability for landdevelopment, particularly in rural areas subject to robustinstream flow regulations and reliant on wells for potable water.However, ambiguities in the law, and questions regarding themeaning of instream flow rules, continue to leave counties, aswell as land owners, with uncertainty regarding when permitexempt wells may be approved. This issue has recently playedout in a dispute between Okanogan County and Ecologyregarding the meaning of the Methow Instream Flow Rule.The panel will explore water availability issues impacting landdevelopment permitting as the Hirst fix legislation is beingimplemented and enforced by counties.Jenna Mandell-Rice – Van Ness Feldman LLP, SeattleAlan Reichman – Office of the Attorney General, EcologyDivision, OlympiaTim Trohimovich – Futurewise, Seattle4:00 p.m. Environmental Justice – Regulatory andProgrammatic UpdatesAn overview of the Healthy Environment for All (HEAL) Act,its relationship to the Climate Commitment Act, and howenvironmental justice principles are being integrated into statedecision-making and regulations.Allyson Bazan – Washington State Attorney General’s Office,SeattleDavid Mendoza – The Nature Conservancy, Seattle4:45 p.m.BREAK5:00 p.m. Keynote Speaker: Hilary Franz5:30 p.m. – 7:00 p.m.No-Host Cocktail Reception7:00 p.m.Complete online evaluations Adjourn(schedule continued next page)

2022 Environmental and Land Use Law Section Midyear Meeting & ConferenceThursday, May 5, 2022 – Saturday, May 7, 2022 22739 CLE/WEB(schedule continued from previous page)ScheduleDAY TWO – FRIDAY, MAY 6, 20227:30 a.m. Check-in Walk-in RegistrationCoffee and Pastry Service10:30 a.m. Community and Conservation: Updates inConservation Easements, TDR Programs,and Future Growth.7:55 a.m. Welcome and Introductions byProgram Co-ChairsForterra NW is Washington’s largest land trust. It is a leader inusing conservation easements, fee acquisitions, and the transferof development rights to preserve agricultural lands, forestsand open space for future generations. Speakers from Forterrawill discuss how conservation easements are applied towardsdifferent conservation programs and objectives, and recentissues and developments in their implementation.Suzanne Skinner – Forterra, SeattleDavid Dicks – Plauche & Carr LLP, SeattleJacob Stillwell, VanNess Feldman LLP, Seattle8:00 a.m.A Conversation with the ELUHO BoardsA panel Q&A discussion, where the Director, Board Membersand Judges from the Environmental and Land Use HearingsOffice (ELUHO) will provide a brief overview of each Board, tipson practice before the Boards, and updates on virtual hearings,the upcoming electronic case management system, e-filingwith the Boards.Dominga Soliz – Director, ELUHO, TumwaterNeil Wise – Chair, Pollution Control Hearings Board, ELUHO,TumwaterCarolina Sun-Widrow – Pollution Control Hearings Board,ELUHO, TumwaterRick Eichstaedt – Eichstaedt Law Office, PLLC, SpokaneJudge Margaret Lee – Administrative Appeals Judge, ELUHO,Tumwater9:30 a.m. Federal Permitting and Consultations inWashington State.This presentation will provide an update on options forobtaining federal permitting and completing EndangeredSpecies Act and Essential Fish Habitat consultation for projectsin Washington State.Jesse DeNike – Plauche & Carr10:15 a.m.BREAKJoe Sambataro – Forterra, Seattle11:30 a.m.Housing: We need more, but where?This session will discuss the existing affordable housingframework, examine recent housing-related legislation andlegislative proposals, and explore legal policy options toaddress the housing crisis facing cities in Washington.Abigail DeWeese – Hillis Clark Martin Peterson, SeattleHolly Golden – Hillis Clark Martin Peterson, Seattle12:30 p.m. LUNCH1:30 p.m. Infrastructure Investment and Jobs Act of 2021:Important Federal Funding Opportunities, withConditions and Limited DurationThis presentation will provide an overview of the federal fundingopportunities of the new Infrastructure Investment and JobsAct, what is likely to be a one-time but major infusion of federalfunding for infrastructure projects in Washington. Updates onfunding conditions and challenges to effective use of the IIJAfunding will be discussed, including issues related to federalagency grant funding, state formula funding, and areas ofemphasis intended by Congress such as prompt disbursementof federal funding, tension with establishing new programs,federalism issues and the application of environmental justiceprinciples.Rick Agnew – VanNess Feldman LLP, SeattleSean Taylor – VanNess Feldman LLP, Washington, DC2:30 p.m.ELUL Section Annual MeetingComplete online evaluations Adjourn(schedule continued next page)WSBA CLE Invested in your success.

2022 Environmental and Land Use Law Section Midyear Meeting & ConferenceThursday, May 5, 2022 – Saturday, May 7, 2022 22739 CLE/WEB(schedule continued from previous page)ScheduleDAY THREE – SATURDAY, MAY 7, 20227:30 a.m. Check-in Walk-in RegistrationCoffee and Pastry Service7:55 p.m. Welcome and Introductions byProgram Co-ChairsDavid Dicks – Plauche & Carr LLP, SeattleJacob Stillwell, VanNess Feldman LLP, Seattle8:00 a.m. Year in Review: Land Use and Environmental CaseLaw Update 2022A comprehensive update on the latest federal and state casesimpacting environmental and land use practitioners on adaily basis, including decisions from the Washington StateEnvironmental and Land Use Hearings Office.Dean Williams – Johns Monroe Mitsunaga Kolouskova, BellevueCharlotte Archer – Inslee Best, Bellevue9:00 a.m. The Climate Commitment Act: Implementation ofthe Cap and Invest Program in Washington andJurisdictional Linkage and BeyondA discussion of implementation of the Climate CommitmentAct, the landmark law passed during the 2021 legislativesession to authorize Washington’s first, and the Nations’ second,comprehensive cap and trade style greenhouse gas emissionreduction program. The discussion will focus on the stepstaken by Department of Ecology to implement the program,associated policy and legal issues, and the process for linking toother cap and trade programs, such as those in Nova Scotia andCalifornia.Chris Reitz – Washington State Attorney General’s Office,SeattleBecky Kelley – Washington State Office of the Governor,Olympia10:00 a.m. Salmon and Orca Recovery Panel23 years after the listing of Chinook Salmon and 17 yearssince the listing of Southern Resident killer whales under theEndangered Species Act where are we and where are we going?Lynda Mapes – Seattle Times, SeattleAmy Trainer – Environmental Policy Director – Swinomish Tribe,Seattle11:00 a.m. ELUL EthicsEnjoy an interesting and pertinent presentation focusing onethics questions.Chris Howard – Schwabe, Willaimson & Wyatt, SeattleDavid Stearns – Schwabe, Willaimson & Wyatt, Seattle12:00 p.m. Complete evaluations Adjourn(registration and payment on next page)WSBA CLE Invested in your success.

2022 Environmental and Land Use Law Section Midyear Meeting & ConferenceThursday, May 5, 2022 – Saturday, May 7, 2022 22739 CLE/WEBREGISTRATIONPlease fill out the registration form and mail to WSBA seven business days prior to the program. To register online, go towww.wsbacle.org and enter 22739 in the search box. For your security, do not email or fax credit card information.First NameM.I.WSBA No.Last NameFirm/Company NameStreet AddressCityPhoneStateZipEmailIf special accommodations are needed, please email cle@wsba.org or call toll-free at 1-800-945-9722. Please omit my name from the networking list made available to exhibitors and/or attendees.PAYMENT INFORMATION PLEASE NOTE: Our service provider will charge you a separate, non-refundable transaction feeof 2.5% on all bank card transactions. There is no transaction fee if you mail in your check.#22739 CLE, attend in Cle Elum, 5/5-7/22 #22739 WEB, attend via webcast, 5/5-7/22Verification Required at Event: 389 – ELUL Section Members CDC COVID-19 Vaccination Record Card, or photo of CDC COVID-19Vaccination Record Card 429 – Standard/Non-Section Members 429 – Join the Section ( 40) and register at the QR Code, digital or printed certificate from MyIRmobile.com orWAverify.org.Section member rate ( 389) Vaccine administration record from a vaccine provider, including anindividual’s doctor, pharmacy, or other official immunization recordfrom within or outside the U.S., including a photo or photocopy 389 – ELUL Section Members 429 – Standard/Non-Section Members 429 – Join the Section ( 40) and register at theSection member rate ( 389)PAYMENT POLICIES Check enclosed payable to WSBA Visa MasterCard AmEx Card No.(NO CREDIT CARD INFORMATION VIA EMAIL OR FAX) Cardholder Name (print)Exp. Date Authorized SignaturePAYMENT: Individual registrants must usea separate form, however, payment may bemade with a single check or credit card formultiple parties.NOTE: Please keep a copy of this flier foryour records.REFUNDS: Registration fees may berefunded, less 25 for handling, for writtencancellations postmarked or emailed by5 p.m., up to 3 business days before theseminar. No refunds after that date, butyou will receive the coursebook. Canceledregistrations may not be transferred to otherseminars. You may send a substitute (e.g.,someone from your firm) in lieu of canceling.Registrations received less than 48 hours before a seminar are notguaranteed a coursebook or other presentation materials on-site.MAIL: Washington State Bar Association, 1325 Fourth Ave, Suite 600, Seattle, WA 98101-2539INTERNET: Register online at www.wsbacle.org Order products online at www.mywsba.org.PHONE: 800-945-9722 or 206-443-9722 with credit card and registration/order form in hand.OFFICE USE ONLYDateCheck #WSBA CLE Invested in your success. Total

WSBA CLE 22739 CLE/WEB Thursday, May 5, 2022 to Saturday, May 7, 2022 Tuition: 389 - ELUL Section Members 429 - Standard/Non-Section Members 429 - Join the Section ( 40) to you cart during checkout and register at the Section member rate ( 389). 11.0 CLE credits L&LP - 10.0 Ethics1.0- Suncadia Resort 3600 Suncadia Trail, Cle Elum .