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2003 Superconference

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2003 Superconference WELCOME TO: Attendees FROM: Planning Committee DATE: August 7, 2003 On behalf of the Environmental and Natural Resources Law Section of the State Bar of Texas, the Air and Waste Management Association-Southwest Section, the Water Environment Association of Texas, the Texas Association of Environmental Professionals, the Auditing Roundtable, and the American Bar Association Section of Environment, Energy & Resources, welcome to the Fifteenth Annual Texas Environmental Superconference, in honor of Willie Nelson’s 70th birthday, “On the Road Again.” As you know, the conference is an annual event established to create a dialogue among the attendees, who are drawn from the public and private sector and from the legal and technical profes- sions. The conference provides excellent continental breakfasts, lunches and snacks, and plenty of breaks to encourage participants to discuss environmental issues informally, as well as gifts and quizzes and prizes. For Friday’s open mike session, note cards are provided for you to write your questions. Please place your written questions in the designated box at the registration table. You also may ask questions in person, should you prefer. As always, there are evaluation forms for the program. We appreciate your taking the time to complete them. The organizers of this program take into account these forms in planning next year’s conference. In addition, if you have an interest in having a particular topic presented, or in speaking on a particular topic, the evaluation form is the appropriate place to provide that information. Suggestions for themes for next year also are being solicited. Next year’s conference is scheduled for August 5 - 6, 2004. Please mark your calendars. If you would like to receive next year’s program electronically, please provide us your e-mail address if you did not include it in your registration. If you have any questions or comments, please do not hesitate to contact any member of the Planning Committee at the conference, or, thereafter, Jeff Civins at (512) 867-8477 or Jeff.Civins@haynes- boone.com. Agenda Thursday • August 7, 2003 8:00–8:45 Registration Shall We Gather 8:45–9:00 Welcoming Remarks Hello Walls Jeff Civins, Texas Environmental Superconference Hal Ray, Environmental and Natural Resources Section (ENRLS) SBOT Cindy Smiley, Air & Waste Management Association – Southwest Section Carolyn Ahrens, Water Environment Association of Texas Kim McLean, Texas Association of Environmental Professionals Michael Byington, The Auditing Roundtable Keith Hopson, ABA Section of Environment, Energy & Resources Moderator: Mike Nasi, Lloyd Gosselink TAB 1 9:00–9:45 Legislative Update Last Thing I Needed First Thing This Morning (Was to Have You Walk Out on Me) Margaret Hoffman, Executive Director, TCEQ Martin Rochelle, Lloyd Gosselink TAB 2 9:45–10:10 TCEQ Enforcement All of Me (Why Not Take All of Me) Leonard Spearman, Deputy Director, TCEQ 10:10–10:30 Break Please Don’t Talk About Me When I’m Gone Moderator: Betty Williamson, Chief, Superfund Management Branch, USEPA, Region 6 TAB 3 10:30–11:20 Brownfields & Revitalization Issues – Initiative, Options, and Legal Implications If You’ve Got the Money Honey (I’ve Got the Time) Paul Connor, Division Director, OECA/OSRE/PPED, USEPA - DC Roliff Purrington, Cherokee Investment Partners, LLC – Private equity Mark Stacell, Marsh –Environmental Practice Charles Epperson, Intera, Inc. TAB 4 11:20 –11:50* Homeland Security Someone to Watch Over Me Tom Dunne, Associate Administrator, Office of Solid Waste and Emergency Response, USEPA- DC 11:50 –1:00 Lunch Always on My Mind Moderator: Cindy Smiley, Baker Botts L.L.P. TAB 5 1:00 –1:50 Water Resources – Hot Issues •In-stream Flow • Re-use • Groundwater Regulation Blue Eyes Crying in the Rain Myron Hess, National Wildlife Federation Ken Ramirez, Bracewell and Patterson Mary Sahs, Sahs & Associates, P.C. TAB 6 1:50 –2:40 Water Quality – Hot Issues Whiskey River • SPCC • SWANCC • Stormwater Lynn Bortka, Senior Attorney, BP America, Inc. Steve Ligon, Team Leader, Stormwater and General Permits Team, TCEQ Bane Phillippi, Haynes and Boone, LLP TAB 7 2:40 – 3:20 EPA Policy Directions Time of the Preacher Phyllis Harris, Principle Deputy Administrator, Office of Enforcement and Compliance, USEPA - DC 3:20–3:40 Break Milk Cow Blues Moderator: Gregg Cooke, Guida Slavich & Flores, P.C. TAB 8 3:40–4:40 Air Quality – Hot Issues Blue Skies • NSR Enforcement • Routine Replacement Maintenance • 8 Hour Standard Implementation • Clear Skies Carl Edlund, Director, Multi Media and Planning and Permitting Division, USEPA – Region 6 Mark MacLeod, Environmental Defense David Schanbacher, Chief Engineer, TCEQ Chris Thiele, Vinson & Elkins TAB 9 4:40–5:15* Role and Obligation of the Press Two Sides to Every Story Dina Cappiello, Environment Writer, Houston Chronicle Patrick Crimmins Randy Lee Loftus, Dallas Morning News 5:15–6:00 Cash Bar I Gotta Get Drunk Friday • August 8, 2003 8:30–8:45 Introduction Bloody Mary Morning Moderator: Danny Worrell, Brown McCarroll, L.L.P. TAB 10 8:45–9:30* Corporate & Attorney Liability under Sarbanes Oxley Ain’t Nobody’s Business Elizabeth Bourbon, Senior Counsel, Valero Energy Corporation Gary Prasher, Pricewaterhouse Coopers Bob Stewart, Baker Botts L.L.P. TAB 11 9:30–10:20 Risk – Scientific, Legal and Policy Issues Heartache by the Numbers Russ Baier, TCEQ Nathan Block, Project Manager, TRC Dick Record, Cirrus Associates 10:20–10:40 Break Wake Me When It’s Over Moderator: Ralph Marquez, Commissioner, TCEQ TAB 12 10:40–11:15 New Environmental Technologies Farther Down the Line Hank Habicht, Global Environment and Technologies Jerry Matthews, Texas Council on Environmental Technology/UT Jim Lester, Houston Advanced Research Center TAB 13 11:15–12:00 EPA/TCEQ Point/Counterpoint Pancho and Lefty Richard Greene, Regional Administrator, USEPA Region 6 Ralph Marquez, Commissioner, TCEQ 12:00 –1:15 Lunch They’ve All Gone to Mexico (Annual ENRLS meeting for those who would like to attend) Moderator: Jim Morriss, Thompson & Knight, L.L.P. TAB 14 1:15–2:00 Corporate Initiatives Do Right Woman, Do Right Man • Product Life Cycles • Sustainability • Other Carlos Guimaraes, VP-Environmental Operations Business, The Dow Chemical Company Lisa Shelton, Andrews & Kurth, L.L.P. TAB 15 2:00–2:40* Discovery of Electronic Documents Remember Me -Technical and Legal Issues Bob Robinson, General Counsel & Vice President of Business Development, Renew Data Corp. TAB 16 2:40–3:30 Open Mike Seven Spanish Angels Manisha Patel, Strategic Planning Advisor, USEPA - Region 6, Moderator Lydia González Gromatzky, Deputy Director, Office of Legal Services, TCEQ Leonard Spearman, Deputy Director, OCE, TCEQ Larry Starfield, Deputy Regional Administrator, USEPA - Region 6 Mark Vickery, Deputy Director, Office of Permitting, Remediation & Registration, TCEQ 3:30 Closing Remarks Funny How Time Slips Away Jeff Civins Sundaes Sweet Bye and Bye *Ethics Credit LEGISLATIVE UPDATE 78th Legislative Session Update by Martin C. Rochelle and Margaret Hoffman The 78th legislative session was influenced by several factors. New leadership, a $10 billion budget deficit, tort reform and congressional redistricting all served to make this session a unique experience. While almost 5600 bills were filed this session, less than 1400 passed. Many bills had implications to those of us engaged in environmental law. While the bills that passed will certainly impact the world of environmental law in Texas, even legislation that did not pass may well serve as a foundation for interim studies or future legislation. This paper will profile some of these bills. What Passed: GENERAL Senate Bill 1265 Author: Armbrister Relating to prosecution of environmental crimes. Summary: This bill requires a peace officer to notify TCEQ in writing of an alleged violation of an environmental law. TCEQ is then required to evaluate the report, determine if an environmental violation exists, and determine an adequate remedy. This bill only applies in cases where the potential defendant holds a permit by TCEQ or is employed by a person holding such a permit. House Bill 425 Author: Christian Relating to procedures to help ensure that certain state agency actions are consistent with the meaning and intent of applicable legislative enactments. Summary: HB 425 requires that before a state agency gives notice of its intention to adopt a rule the agency must: (1) research the legislative history and prepare a legislative history document on the bill or amendment that authorizes adoption of the rule; (2) establish an internal review process to ensure the proposed rule is consistent with legislative history; and (3) deliver a copy of the proposed rule to each member of the legislature not later than seven days before final adoption and inform the member of any public hearing related to the proposed rule. The agency must also deliver a copy of an emergency rule adopted to the primary author and sponsor of the law under which the rule was adopted. HB 425 mandates that the state agency order adopting a rule include a summary of any written comments received by members of the legislature. 1 HB 45 provides the Legislative Budget Board with authority to issue letters of legislative intent regarding appropriations matters. While this bill passed, the Governor vetoed HB 425 on June 20 on the basis that the bill violated the Constitution’s separation of powers provision, by improperly infringing on the powers of the executive branch of government. The Governor also opined that the bill would inappropriately allow the legal opinion of an unelected government employee to supercede the expressed will of the Legislature, and would require the executive branch of government to determine legislative intent, a function constitutionally left to the courts of our state. House Bill 2847 Author: Farabee Relating to the transfer of the powers, duties, and functions under the Texas Aggregate Quarry and Pit Safety Act from the railroad commission to the department of transportation.
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