Environment, Energy and Resources Section
(EERS)

Presents:

Morning Session (3 CLE Credits)
• Nuts & Bolts of Administrative Agency Appeals
 
Hawaii Environmental Court Update
Putting a Price on Nature – The Use of Ecological Economics in Regulatory Regimes
*must attend all 3 seminars to receive 3 CLE credits

Afternoon Session (3 CLE Credits)
 Groundwater, NPDES Permits and the Clean Water Act – Where Are We Now?
 Climate Change: The Practical Implications & Local Impacts
 Ethics - The New Flat-Fee Rule: Now What?
*must attend all 3 seminars to receive 3 CLE credits


Nuts & Bolts of Administrative Agency Appeals

Time: 9:00 a.m. - 10:00 a.m.

Course Description

Confused about administrative agency appeals or just want to brush up on the process? Join this session to learn about where and how to appeal administrative agency decisions, environmental permits and approvals and how the contested case process works. This session will provide an overview of the Chapter 91 appeals process and a discussion of its intersection with constitutional challenges.

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Speakers



Lisa Bail


Lisa Bail is a partner in the law firm of Goodsill Anderson Quinn & Stifel LLP where she concentrates her practice in environmental law, land use and commercial litigation. Ms. Bail received her J.D., cum laude, and B.A., magna cum laude, degrees from Boston University. She is a frequent speaker at environmental law seminars and is a contributing writer of the Hawaii Environmental Law Handbook and several other publications in the field of environmental law. Ms. Bail is the former chair of the Natural Resources and Litigation Sections of the Hawaii State Bar Association, a former appointed lawyer representative to the Ninth Circuit Judicial Conference, and currently serves as the Hawaii State Delegate to the American Bar Association.


Deirdre Marie-Iha


Deirdre Marie-Iha is an appellate specialist with Goodsill Anderson Quinn & Stifel LLP. Her appellate experience spans 15 years in both federal and state court. She has argued numerous times before the Court of Appeals for the Ninth Circuit, the state Intermediate Court of Appeals, and the Hawai‘i Supreme Court. Among those were her successful defenses of Hawaii’s Marriage Equality Act, campaign finance laws, and the open primary election. Prior to joining Goodsill, Ms. Marie-Iha practiced as a deputy attorney general at the Hawai‘i Department of the Attorney General. While there, she worked on high-stakes and complex matters, including the furloughs during the financial crisis; the enactment and subsequent defense of the Marriage Equality Act in 2013-2015; and the Maui Hospital transfer. She was also instrumental in the State’s challenge to the travel ban, Hawaii v. Trump. In 2003-2004, Ms. Marie-Iha clerked for the Honorable Corinne K. A. Watanabe, Associate Judge of the Hawaiʻi Intermediate Court of Appeals (ret.).

Moderated by: Joanna Zeigler

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Hawaii Environmental Court Update

Time: 10:00 a.m. - 11:00 a.m.

Course Description

Come learn about Hawaii’s unique Environmental Court and get the latest update on the types of cases handled, significant decisions, participating judges, day-to-day challenges, and key developments. In addition, the session will provide practical tips for attorneys appearing in Environmental Court.

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Speaker



The Honorable Jeffrey P. Crabtree


Jeffrey P. Crabtree became a First Circuit Court judge on November 25, 2014. Judge Crabtree previously practiced civil litigation in Hawai‘i for over thirty years. He presided over a Domestic Violence Trials calendar, and a Felony Trials calendar. In 2017, Judge Crabtree was assigned to the Civil Litigation/Trials Division. Effective August 1, 2017, Judge Crabtree was designated as the Senior Environmental Court Judge for the First Circuit.

Judge Crabtree is a judge for the annual High School Mock Trial Competition, has taught Consumer Protection Litigation at the William S. Richardson School of Law, and assists with the Professionalism Course. He was recently invited to be a Judicial Advisor to the Civil Jury Trial Project at NYU School of Law, and is active with the American Judicature Society as co-chair of its Civil Justice Committee.

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Putting a Price on Nature – The Use of Ecological Economics in Regulatory Regimes

Time: 11:00 a.m. - 12:00 p.m.

Course Description

Putting a price on nature is often complicated and always challenging. This session will first introduce basic concepts from ecological economics and tools employed for natural resource valuation. Then, examples of natural capital relevant to Hawaii such as stormwater, freshwater, carbon, invasive species, mangroves, etc. will be used to reinforce those concepts as well as illustrate the role of valuation in policy formation.

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Speakers



Dr. Regina Ostergaard-Klem


Dr. Regina Ostergaard-Klem is an Associate Professor of Environmental Science in the College of Natural and Computational Sciences at Hawaii Pacific University (HPU) in Honolulu, Hawaii. She holds a BS in Industrial Engineering from Lehigh University, and both an MS in Environmental Engineering and a PhD in Systems Analysis and Economics for Public Decision Making from The Johns Hopkins University. From 1994-1995, she was a Fulbright Scholar in Lodz, Poland. After completing graduate school, Dr. Ostergaard-Klem was a Science and Diplomacy Fellow with the American Association for the Advancement of Science (AAAS) in Washington, DC. Prior to joining the HPU team, she worked as an environmental policy advisor at the US Agency for International Development (USAID), there she managed urban environmental and energy projects throughout different regions of the world.

At HPU, Dr. Ostergaard-Klem teaches in both the undergraduate level Environmental Science/Studies program and the master’s program in Global Leadership and Sustainable Development. Her teaching is concentrated in the fields of ecological economics, sustainable human systems, industrial ecology, and environmental policy. She is a co-developer of “GPI Island Style,” the application of the Genuine Progress Indicator (GPI) at the state level in Hawaii. As an extension of that work, Dr. Ostergaard-Klem collaborates with partners across the state on several initiatives, including efforts to develop a state sustainability dashboard and incorporating the UN Sustainable Development Goals at the local level in Hawaii.


Dr. Kirsten L.L. Oleson


Dr. Kirsten L.L. Oleson is an Associate Professor in the Department of Natural Resources and Environmental Management at University of Hawaii at Manoa. She is an ecological economist interested in the value of nature. She uses interdisciplinary approaches to address natural resource management and decision-making problems. Her research focuses on improving natural resource and environmental management by integrating methods, approaches, and tools from economics, geography, natural science, decision science, and political science.

Prior to joining the faculty at UH, Dr. Oleson began her career as an impact assessment specialist at the World Bank, specializing in quantifying environmental and social impacts of development projects, and ensuring these impacts were then adequately addressed in management plans. She completed her PhD at Stanford University‘s Interdisciplinary Program in Environment and Resources in 2007. After completing her dissertation, she was a Teaching Fellow with Stanford University’s new Public Policy Program. In 2010, she embarked on an NSF-funded post-doc to Madagascar, where she studied the impacts of fisheries management, the economic value of coastal ecosystem services, conditions conducive to community management, and climate change adaptation, among others.

Moderated by: Brenda H. Gotanda

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Groundwater, NPDES Permits and the Clean Water Act – Where Are We Now?

Time: 2:15 p.m. - 3:15 p.m.

Course Description

The Supreme Court will soon consider the question of whether the Federal Clean Water Act requires an NPDES discharge permit when pollutants, which originate from a point source, are conveyed to navigable waters via groundwater. The debate over whether the Clean Water Act requires permits for such discharges has been the subject of much controversy, including conflicting federal court decisions and evolving regulatory interpretations. This session will provide an overview of the issues, the parties’ positions, EPA’s interpretation of the applicability of NPDES permitting requirements, and potential implications for state permitting programs.

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Speakers



Sarah P. Bell


Sarah P. Bell is a partner in Farella Braun + Martel’s San Francisco office, where her practice focuses on environmental and natural resources litigation, administrative proceedings, and counseling. She advises clients in a broad range of disputes, including environmental enforcement, cost recovery, citizen suits, water quality, complex toxic tort, and product liability matters.

Ms. Bell’s clients include manufacturers, distributors, transportation companies, terminals, real estate developers, and commercial property owners. She has litigated matters throughout the western United States, in both State and Federal Courts, including Washington State, Nevada, New Mexico and California. The bulk of her expertise involves cases relating to natural resources such as groundwater, surface water, sediments, and soil. She has experience with all the major federal and state environmental statutes, including the Clean Water Act, CERCLA, NEPA and CEQA, Proposition 65, RCRA, and the ESA.

Ms. Bell also counsels clients with respect to regulatory compliance, permitting, including storm water management and NPDES permits, product stewardship, and project development. She often advises clients who have identified potential environmental issues and are seeking to address those issues and manage potential risks associated with the same.

She was a judicial extern for the Honorable Maxine Chesney of the Northern District of California and is a past member of the Board of Directors of the Golden Gate Audubon Society.

Ms. Bell serves on the Executive Committee of the Bar Association of San Francisco’s Environmental Law Section. She was recently named to Benchmark Litigation’s “40 & Under Hotlist” (2018).


Lance D. Collins


Lance D. Collins is a 2004 William S. Richardson School of Law graduate. He practices primarily in the areas of good government, land use/environment and Native Hawaiian rights. He also holds Ph.D in political science from the University of Hawaii. His research focus is on comparative legal history of Hawai'i and the Philippines during the American colonial period. He recently co-edited Social Change in West Maui including authoring a chapter on the legal history of affordable housing in Hawai'i.

Moderated by: Joanna Zeigler

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Climate Change: The Practical Implications & Local Impacts

Time: 3:15 p.m. - 4:15 p.m.

Course Description

Beyond the policy debates and politics, our businesses and local governments are already adjusting to the significant challenges presented by climate change. Join us at this session to learn about some of the practical implication and local impacts of climate change to corporations and communities in Hawai’i. This session will include special focus on the intersection of climate change and the maritime industry.

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Speakers



Courtney M. Crawford


Courtney M. Crawford is a graduate from Punahou School. She attended Boston University then the University of San Francisco School of Law where she focused on Maritime Law, and was an Editor for the Maritime Law Journal. Following graduation from law school, Ms. Crawford began her ten-year career as a maritime litigator at Cox, Wootton, Lerner, Griffin & Hansen in San Francisco, where she became a partner. There, she handled and directed all aspects of maritime litigation and transactional work, with an emphasis on Jones Act, DOSHA, and LHWCA defense, and limitation actions. Currently, Ms. Crawford is Senior Counsel at Matson, Inc. where she handles all Litigation and Compliance matters. 


Justin Gruenstein


Justin Gruenstein was appointed Deputy Director of the Office of Climate Change, Sustainability and Resiliency on July 1, 2017. In this capacity, he also serves as the city’s Deputy Chief Resilience Officer. Previously, he was the Executive Assistant to Mayor Kirk Caldwell responsible for policy matters relating to the environment, sustainability, and emergency management. He also served as the emergency coordinator for the Office of the Mayor and Managing Director, acting as the Mayor’s liaison to various emergency management agencies. Before joining the City and County of Honolulu, Mr. Gruenstein spent five years in government relations with the County of Maui Mayor’s Office and an international civil engineering firm. Early in his career, he was a legislative assistant and policy analyst at the Washington State Legislature, where he served on the staff of both the chair of the Senate Environment, Energy & Water Committee and House Speaker Pro Tem. An alumnus of the University of Washington in Seattle, Mr. Gruenstein currently serves as a member of the Hawaiʻi State Hazard Mitigation Forum and the University of Hawaiʻi Sea Grant College Program Advisory Council.

Moderated by: Brenda H. Gotanda

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Ethics - The New Flat-Fee Rule: Now What?

Time: 4:15 p.m. - 5:15 p.m.

Course Description

If you currently have flat fee arrangements or are considering them for the future, this session is for you. Mr. Kawachika will lead a discussion of new rule 1.5(c) of the Hawaii Rules of Professional Conduct addressing the special duties regarding flat fees. This session will cover what you can and cannot do, and what you must and must not do, when charging a flat or fixed fee for legal services.

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Speaker



James A. Kawachika


James A. Kawachika is counsel to the law firm of Deeley King Pang & Van Etten LLP, where his practice includes advising lawyers and law firms on legal ethics and professional responsibility matters and representing lawyers in disciplinary proceedings and bar admission and reinstatement cases. He also serves as an expert witness in legal malpractice cases.

Mr. Kawachika is a Past President of the Hawai‘i State Bar Association and a former chair of the Disciplinary Board of the Hawai‘i Supreme Court. He is a Past President and a current board member of the Hawai‘i Justice Foundation and the immediate past Chair of the Hawai‘i Judicial Selection Commission. Mr. Kawachika has also served on the Board of the Directors of the Legal Aid Society of Hawai‘i and is a current Director of the American Judicature Society. He has been appointed by four separate American Bar Association presidents to the editorial board of the ABA/BNA Lawyers’ Manual on Professional Conduct, the Standing Committee on Ethics and Professional Responsibility, and the Standing Committee on Professional Discipline. Mr. Kawachika also represents Hawai‘i in the American Bar Association’s House of Delegates. He has also taught Legal Ethics and Professional Responsibility at the William S. Richardson School of Law at the University of Hawai‘i.

Mr. Kawachika received his B.A. degree from the University of Hawai‘i and earned his law degree from the University of California at Berkley (Boalt Hall School of Law). He is a member of the Hawai‘I State Bar Association, American Bar Association, and the ABA Center for Professional Responsibility. He is AV Preeminent-rated by the Martindale-Hubbell Law Directory and is listed in The Best Lawyers in America by Woodward/White, Inc. and the Best Lawyers in Hawai‘i by Honolulu Magazine in the areas of commercial litigation, estates and trust litigation, and professional malpractice law.

In 2011, Mr. Kawachika received the C. Fredrick Schutte Award for outstanding and meritorious service to the legal community and the profession. In 2012, he was awarded the Hawai‘i Justice Foundation’s Spirit of Justice Award for his contribution to the access to justice.


Rebecca M. Salwin


Rebecca M. Salwin is currently the Deputy Chief Disciplinary Counsel for the Hawai‘i Office of Disciplinary Counsel. Before joining ODC, she served as a law clerk in the chambers of the Honorable Magistrate Judge Richard L. Puglisi. Prior to coming to Hawai‘i, she was an assistant public defender in New Mexico and a law clerk to the Honorable Bruce D. Black, District Court Judge for the Federal District of New Mexico. She is a proud graduate of Vanderbilt Law School.

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