Oregon Law Institute of Lewis & Clark Law School Integrating Floodplain Management Policies Thursday, December 10, 2015 Columbia River Inter-Tribal Fish Commission 700 NE Multnomah St., Room 502 Portland, Oregon 97232 Integrating Floodplain Management Policies Course Materials from the December 10, 2015 Program in Portland OREGON LAW INSTITUTE OF LEWIS & CLARK LAW SCHOOL 10015 SW Terwilliger Blvd. Portland, OR 97219 (503) 768-6580 (800) 222-8213 Fax: (503) 768-6585 Email: [email protected] Website: http://go.lclark.edu/oli Follow us on Twitter: @OregonCLE BOARD OF DIRECTORS Oregon Law Institute Lewis & Clark Law School Katherine Heekin, Esq., President Hon. Robert D. Durham, Vice President Hon. Meagan A. Flynn, Secretary/Treasurer Martin F. Medeiros II, Esq., Past President Jeffrey G. Condit, Esq., Member at Large H. Thomas Andersen, Esq. Hon. Richard C. Baldwin Amy C. Bushaw, Esq. Thomas D’Amore, Esq. Mark Johnson Roberts, Esq. Grace Y. Lee, Esq. Richard F. Liebman, Esq. Hon. Marilyn E. Litzenberger Kathleen K. Miller, RP Peter C. Richter, Esq. Hon. Timothy J. Sercombe Hon. Michael H. Simon Richard A. Slottee, Esq. Hon. Susan M. Svetkey Dayna E. Underhill, Esq. Jere M. Webb, Esq. Simon Whang, Esq. Robert Truman, Esq. Assistant Dean for CLE and Director, Oregon Law Institute Lewis & Clark Law School The materials in this course book are published by the Oregon Law Institute, Lewis & Clark Law School for the use of attorneys. Neither OLI nor the contributors make either express or implied warranties regarding the use of these materials. Each attorney must depend upon his or her own knowledge of the law and expertise in the use and modifications of these materials. © 2015 by Oregon Law Institute, Lewis & Clark Law School Schedule 8:25 WELCOME AND INTRODUCTORY REMARKS 8:30 Keynote Address Lori Faeth 9:15 Flooding and the Columbia River Ecosystem Bill Bradbury Kathy Eichenberger Paul Lumley Reed Wagner 10:30 NETWORKING BREAK 10:45 Climate Change and Floodplain Resiliency Larry A. Larson George R. Pess Monty Schmitt 12:00 LUNCH (on your own) 1:15 Floodplain Management Policies Lorri Bodi Kaitlin Lovell Bonnie S. Shorin 2:15 Local Floodplain Management Programs Jackie Dingfelder Christine Shirley 3:00 NETWORKING BREAK 3:15 Economic Considerations in Floodplain Noah Enelow Management Gregory Haller Joshua Reyneveld 4:00 Closing Address Mary Lou Soscia 4:30 ADJOURN Planners Christine Golightly, Policy Analyst, Columbia River Inter-Tribal Fish Commission, Portland; B.S., Ecology & Evolutionary Biology, University of Arizona (1994); J.D., Lewis & Clark Law School, Certificate in Natural Resources & Environmental Law (1999); member of the Oregon State Bar since 1999; practice focuses on Indian and environmen- tal law and government. James P. Heffernan, Policy Analyst, Columbia River Treaty, Policy Development and Litigation Support, Columbia River Inter-Tribal Fish Commission, Portland; B.S., Wild- life Biology, Colorado State University; J.D., Lewis & Clark Law School, Certificate in Environmental and Natural Resources Law; previously served as advisor to the U.S. Sec- tion of the Pacific Salmon Commission (U.S.–Canada Pacific Salmon Treaty); focus is on the Columbia River Treaty 2014–2024 Review, working with the Sovereign Review and Technical Teams and reporting to tribal governments on regional, consensus-based rec- ommendations on the future of the Treaty. Robert C. Lothrop, Policy Development and Litigation Support Manager, Columbia River Inter-Tribal Fish Commission, Portland; B.A., Biology, Cornell College (1978); J.D., Lewis & Clark Law School Certificate in Environmental and Natural Resources Law (1981); member of the Oregon State Bar since 1981; 33 years at CRITFC working on the salmon management aspects of international fisheries, federal land management practic- es, coordination with state and federal fishery agencies in the Columbia Basin, and miti- gation of hydroelectric project impacts; recipient, Lewis & Clark Law School Distin- guished Environmental Graduate award (2004). Kaitlin Lovell, Division Manager, Science, Integration Division, City of Portland, Bureau of Environmental Services, Portland; B.S., Environmental Science, summa cum laude, Bucknell University (1997); J.D., Cornell Law School (2000); member of the New York State Bar since 2000 and the Oregon State Bar since 2002; practice focuses on restoring wild salmon runs in some of the most urban, and most promising, streams in Portland; former salmon policy coordinator and ESA attorney for Trout Unlimited; author, Climate Change Preparation Strategy and the Risks and Vulnerabilities Assessment, City of Port- land (Oct. 2014); in her spare time she works on restoring the Molalla River (Milk Creek) headwater ecosystem on her farm in Clackamas County. Mary Lou Soscia, Columbia River Coordinator, U.S. Environmental Protection Agency, Portland; B.A., and B.S., Virginia Tech (1975); M.A., University of Maryland (1982); as the coordinator, she leads the Columbia River Toxics Reduction Strategy, the Columba River Toxics Reduction Working Group, the implementation of the Columbia River Ba- sin Toxics Reduction Action Plan, and provides senior EPA representation on Columbia River Forums as well as leading the collaboration for the Oregon Water Quality Stand- ards human health criteria and is currently leading the collaboration with Idaho Tribal Governments to address Idaho human health criteria revisions; provides senior EPA rep- resentation on regional Columbia River Treaty work efforts; past board member, Associ- ation of State Floodplain Managers. Faculty Lorri Bodi, Vice President, Environment, Native American tribes, federal, state Fish and Wildlife, Bonneville Power and local governments, and timber, Administration, Portland; B.A., and agriculture and fishing interests; M.S., University of Pennsylvania travels throughout the state present- (1972); J.D., with honors, George ing locally adapted information on Washington University (1976); global warming. member of the Washington State Bar since 1979; responsible for environ- Jackie Dingfelder, Policy Director for mental stewardship and fish and Planning and the Environment, wildlife enhancements for BPA’s Mayor’s Office, City of Portland, Transmission and Power businesses; Portland; B.A., University of Cali- former BPA Senior Policy Advisor fornia, Los Angeles; M.S., Universi- for Fish and Wildlife; former ty of North Carolina; Ph.D. Candi- co-Director, Northwest Office of date, Portland State University; American Rivers; past attorney for oversees environmental, planning, the National Oceanic and Atmos- sustainability and climate change pheric Administration (1978–1991) policies for the City of Portland; over and the Environmental Protection 30 years of professional planning Agency (1976–1978); former mem- experience in the private, non-profit, ber, State of Washington Citizen’s and public sectors; former Executive Advisory Committee on Trust Water Director, for a watershed restoration Rights (1993–1994); former Presi- non-profit organization while serving dent and board member, Save Our as a Senator in the Oregon Legisla- World Salmon Coalition, Seattle; ture. Chair, Energy and Environment former advisory board member, Committees (2001–2013); member, NAFTA Environmental Advisory Senate Judiciary, Ways and Means, Council, Washington (1994–1995); and Consumer Protection Commit- former board member, Sustainable tees as well as House Transportation, Fisheries Foundation, and Northwest Agriculture and Natural Resources, Renewable Resources Center, Seat- Audits, and Water Committees; for- tle; co-author, Our Common Lands mer chair, Council of State Govern- (1988), Salmon Documentary Histo- ments West Energy and Water ry (1996), and Ecology Management Committees. of Streams and Rivers of the Pacific Eco Region (1997). Kathy Eichenberger, Executive Director, Columbia River Treaty Review, BC Bill Bradbury, Oregon Member, Northwest Ministry of Energy and Mines, Vic- Power and Conservation Council, toria, BC (2011–present); BEng., Portland; Antioch College (1969); Concordia University (1986); re- State Senator and Senate President, sponsibilities include regulation of Oregon Legislature (1980–1995); industrial and municipal activities, Oregon Secretary of State leading environmental assessments (1999–2009); former director, of the of major projects in BC, and manag- non-profit organization, For the Sake ing regional environmental data col- of Salmon, working with Northwest lecting and watershed restoration programs; former Regional Manager, member, National Resource Man- Environmental Protection, Ministry agement Professionals. of Environment (1996–2007); former Executive Project Assessment Di- Gregory Haller, Conservation Director, rector, BC Environmental Assess- Pacific Rivers Council, Portland; ment Office, leading the assessment B.S., State University of New York of major natural resource develop- College of Environmental Science ment projects throughout BC and Forestry (1992); M.P.S., Natural (2007–2011). Resource Economics, Cornell Uni- versity (1999); J.D., University of Noah Enelow, Senior Economist, Ecotrust, Idaho College of Law (2011); the Portland; B.A., with distinction, Yale Pacific Rivers Council is a regional University (1999); M.A. (2006) and river conservation group which Ph.D. (2012), University of Massa- works throughout the Columbia ba- chusetts, Amherst; an ecological sin and northern California to protect economist, providing regional impact rivers, their watersheds and the na- analysis and ecosystem