Monday, May 19

8:30 Registration and Continental Breakfast

9:00 Introduction and Welcome

Overview of Day One

Brian R. Hanson, Esq., Program Co-Chair

Baird Hanson Williams, Boulder

Eugene J. Riordan, Esq., Program Co-Chair

Vranesh and Raisch, Boulder

9:15 General Overview

Recent Federal and State Interpretations of Wetlands Regulation

Ronda L. Sandquist, Esq.

Jackson Kelly, Denver

10:15 Morning Break

10:30 Update on Jurisdictional Waters

A Panel Presentation

Margaret J. “Peggy” Livingston, Esq.

Enforcement Attorney, Region 8

U.S. Environmental Protection Agency, Denver

David A. Carson, Esq., Senior Counsel

Environmental Defense Section

U.S. Department of Justice, Denver

Melinda Kassen, Director, Western Water Project

Trout Unlimited, Boulder

Timothy T. Carey

Chief of Denver Regulatory Office, Omaha District

U.S. Army Corps of Engineers, Littleton

Michael Claffey, President

Claffey Ecological Consulting, Fruita

Moderator: Brian R. Hanson, Esq., Program Co-Chair

12:30 Lunch Break

1:45 Municipal Regulation of Wetlands

The Boulder Wetlands Ordinance: The City’s and Developer’s

Perspectives

Sue Ellen Harrison, Esq., Assistant City Attorney

City of Boulder

David A. Packard, Esq.

Packard Dierking, Boulder

2:45 Afternoon Break

3:00 Nuts and Bolts of Clean Water Act Permitting

How to Get an Individual Permit

Scott Franklin, PE

Regulatory Project Manager, Denver Regulatory Office

U.S. Army Corps of Engineers, Littleton

Grant E. Gurneé, PWS

Walsh Environmental Scientists & Engineers, Boulder

Nationwide and Other General 404 Permits

Zach C. Miller, Esq.

Davis, Graham & Stubbs, Denver

5:00 Q&A Panel

Members of the Faculty

5:15 Adjourn

Tuesday, May 20

8:30 Continental Breakfast

9:00 Welcome Back

Overview of Day Two

Brian R. Hanson, Esq., Program Co-Chair

Eugene J. Riordan, Esq., Program Co-Chair

9:15 Wetlands Mitigation

A “How To” Primer

Robert J. Henke, PWS, Vice President

ICF International, Lakewood

10:15 Morning Break

10:30 Water Rights and Permitting Issues

Special Considerations for Wetland Sites

Kevin L. Patrick, Esq.

Patrick, Miller & Kropf, Aspen

11:15 Ethics

Considerations in Environmental Law

David R. Eason, Esq.

Berenbaum, Weinshienk & Eason, Denver

12:15 Q&A Panel

Members of the Faculty

12:30 Lunch Break

1:45 Enforcement Issues Under Section 404

Regulator and Litigator Perspectives

Wendy Silver, Esq., Senior Attorney, Region 8

U.S. Environmental Protection Agency, Denver

Craig D. Galli, Esq.

Holland & Hart, Salt Lake City

2:45 Afternoon Break

3:00 Permitting a Large Project

A Panel Presentation on Section 404, ESA, Water Rights, and NEPA

Chandler Peter, Project Manager

U.S. Army Corps of Engineers, Cheyenne

M. Dale Strickland, PhD

Vice-President and Senior Ecologist

Western EcoSystems Technology, Cheyenne

Robert V. Trout, Esq.

Trout, Raley, Montaño, Witwer & Freeman, Denver

Steve Dougherty, PWS, Principal and Senior Ecologist

ERO Resources, Denver

Travis Bray, Environmental Planner

Denver Water

Moderator: Eugene J. Riordan, Esq., Program Co-Chair

5:00 Q&A Panel

Members of the Faculty

5:15 Adjourn

Brian R. Hanson has over 21 years of experience practicing natural resources and environmental law, advising a broad range of clients on complex environmental and regulatory challenges.

Eugene J. Riordan focuses on environmental issues with an emphasis on solid and hazardous waste, water quality, and wetland matters. He is a licensed civil engineer and is the author of several articles on environmental issues.

Faculty Members

Travis Bray is presently the project manager for the Moffat Collection System Project EIS. In his prior position at Denver Water, he was a water resource planner and was responsible for day-today operations of Denver's raw water system.

David A. Carson brings civil enforcement actions on behalf of the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers for unauthorized discharges of pollutants into wetlands and other regulated waters.

Timothy T. Carey has 31 years of experience in the U.S. Army Corps of Engineers. For the past 15 years, he has been responsible for administration of Section 404 of the Clean Water Act in Northeast Colorado.

Michael Claffey founded Claffey Ecological Consulting and was previously with the U.S. Army Corps of Engineers. He has 28 years of experience in wetland science and wetland regulations.

Steve Dougherty is a Principal Ecologist and a Certified Professional Wetland Scientist. He has been addressing wetlands, riparian, and threatened and endangered species issues in Colorado and the West for over 25 years.

David Eason focuses his practice on commercial litigation, legal ethics, and civil trials and appeals. He recently completed his second term as a member of the Committee on Conduct of the U.S. District Court in Colorado.

Scott Franklin has 18 years of experience with the U.S. Army Corps of Engineers in river and wetland engineering and Section 404 permitting.

Craig D. Galli specializes in litigating a variety of natural resources, environmental, land use and commercial cases. He served as primary outside legal counsel to the 2002 Olympic Winter Games.

Grant E. Gurneé has over 23 years of experience in restoration ecology, environmental planning, and regulatory compliance projects throughout the United States.

Sue Ellen Harrison is responsible for federal, state and local environmental regulation for all city departments. She advises the Landmarks Board.

Robert J. Henke helps clients solve complex environmental challenges, including managing competing land uses on public lands.

Melinda Kassen opened Trout Unlimited's Colorado Water Project office in 1998. The Project seeks to restore and maintain good quality river flows for healthy coldwater fisheries.

Margaret J. "Peggy" Livingston has been an attorney for EPA Region 8 since 1989, where her practice has concentrated on the Clean Water Act, the Safe Drinking Water Act, and NEPA issues.

Zach C. Miller chairs his firm's Environmental Practice Group and has practiced environmental, water and natural resources law since 1980.

David A. Packard has focused his practice in recent years on commercial real estate and land use. He regularly represents developers and other property owners.

Kevin L. Patrick is a founding member of his firm, which practices exclusively in the fields of water and wastewater utility planning and development, water law and water resource law.

Chandler Peter has 21 years of experience in wetland research and regulation for various federal and state governmental agencies.

Ronda L. Sandquist emphasizes water quality regulation under the Clean Water Act. She also handles regulatory compliance matters related to wetlands and endangered species.

Wendy Silver has 18 years of experience with the Environmental Protection Agency. Her practice focuses on enforcement of the provisions of the Clean Water Act, particularly Sections 402 and 404.

M. Dale Strickland has over 25 years of experience in ecological research and wildlife management. He serves as the Executive Director of the Platte River Endangered Species Partnership.

Robert V. Trout has over 30 years of experience in water, municipal and environmental law, having advised clients regarding water, environmental and development issues since 1975.

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