Clean Water Act: Law and Regulation - CLE, Continuing Legal Education - ALI
Clean Water Act: Law and Regulation
  • Ninth Annual Advanced ALI CLE course of Study
    Cosponsored by the ABA Section of Environment, Energy, and Resources and the Environmental Law Institute (ELI)
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Shipped to you: Printed Coursebook

Available Online: | Coursebook

Why You Should Attend

This course marks the 40th anniversary of the Clean Water Act. Much has been achieved in protecting the nation’s waterways and wetlands since the Act was passed in 1972. However, as federal and state agencies seek to tackle the most intractable water quality problems, the greatest challenges remain.

With the in-depth, hands-on treatment provided in this advanced course of study, you not only learn about recent programmatic, litigation, and Congressional developments, but also the larger, emerging issues that will strongly influence Clean Water Act law and practice in the years to come.

The course, comprising 12 full hours of instruction, updates experienced attorneys and related professionals and provides general practitioners with an excellent framework for understanding the law and counseling clients in a complex area. A top-flight faculty, including senior public officials from federal and state agencies, private practitioners, government prosecutors and defense attorneys, and public interest advocates, provide not only legal analyses, but science and policy perspectives as well. An optional introductory lecture is presented on Thursday morning to provide less experienced practitioners, or those needing a refresher, with grounding in the basic substantive law and practice issues.


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What You Will Learn

This year’s course pays special attention to energy developments, including hydraulic fracturing and climate change. Other areas of focus include:
   •  Establishing CWA jurisdiction
   •  EPA veto of surface coal mining permits
   •  Wet weather and forest road litigation
   •  Stormwater permits
   •  Recent court, legislative, and administrative developments

The course also includes a full hour on professional responsibility issues and ethics concerns in the water law practice context. Time is reserved throughout the program to address your questions.


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Who Should Attend



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Planning Chairs

Rachel L. Jean-Baptiste, Managing Editor, Environmental Law Reporter, Environmental Law Institute, Washington, D.C.

Jeff B. Kray, Marten Law PLLC, Seattle

Michele L. Walter, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.

Keynote Speaker

David M. Uhlmann, Jeffrey F. Liss Professor from Practice, and Director, Environmental Law and Policy Program, University of Michigan Law School, Ann Arbor, Michigan


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Additional speakers to be confirmed


Andrea L. Berlowe, Senior Counsel, Law and Policy Section, U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C.

Donna M. Downing, Office of Water, U.S. Environmental Protection Agency, Washington, D.C.

Andrew J. Doyle, Senior Attorney, Environmental Defense Section, U.S. Department of Justice, Washington, D.C.

William L. James, National Coal Expert, Great Lakes and Ohio River Division, U.S. Army Corps of Engineers, Nashville, Tennessee

Michael Shapiro, U.S. Environmental Protection Agency, Washington, D.C.

Gautam Srinivasan, Office of General Counsel, U.S. Environmental Protection Agency, Washington, D.C.

Peter Stokely, Environmental Scientist, Office of Civil Enforcement, U.S. Environmental Protection Agency, Washington, D.C.

Caroline H. Wehling, Office of the General Counsel, U.S. Environmental Protection Agency, Washington, D.C.


Alexandra Dapolito Dunn, Executive Director & General Counsel, Association of Clean Water Administrators and Lecturer in Law, The Catholic University of America, Columbus School of Law, Washington, D.C. 

Jan L. Goldman-Carter, Wetlands and Water Resources Counsel, National Advocacy Center, National Wildlife Federation, Washington, D.C.

Benjamin H. Grumbles, President, Clean Water America Alliance, Washington, D.C.

Jim Hecker, Director, Environmental Enforcement Project, Public Justice, P.C., Washington, D.C.

Lisa Heinzerling, Professor of Law, Georgetown University Law Center, Washington, D.C.

James R. May, Professor of Law and Co-Director, Environmental law Center, Widener University School of Law, Wilmington, Delaware

Beth McGee, Ph.D., Senior Water Quality Scientist, Chesapeake Bay Foundation, Annapolis, Maryland


Karen Bennett, Hunton & Williams LLP, Washington, D.C.

 Timothy S. Bishop Mayer Brown LLP, Chicago

Susan Parker Bodine, Barnes & Thornburg LLP, Washington, D.C.

Terry Bossert, SVP-Environment & Government Affairs, Chief Oil & Gas LLC, Harrisburg

Pamela R. Esterman, Sive Paget & Riesel, P.C., New York

Jeffrey S. Longsworth, Barnes & Thornburg LLP, Washington, D.C.

Michael S. Rolband, P.E., P.W.S., President, Wetlands Studies and Solutions, Inc., Gainesville, Virginia

Margaret N. Strand, Venable LLP, Washington, D.C.

ALI CLE Staff Attorney: Thomas M. Hennessey, Assistant Director, Office of Courses of Study


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Program Schedule


7:00 a.m.  Registration and Continental Breakfast
Video Webcast Segment A

8:00 a.m.  Optional Introductory Lecture: Basics of Clean Water Act Law - Professor May

9:00 a.m. Introductory Remarks and Course Overview

9:15 a.m.  Keynote Address - Professor Uhlmann

9:45 a.m.  Networking and Refreshment Break

10:00 a.m.  CWA Jurisdiction - Mss. Downing, Goldman-Carter, and Strand

11:15 a.m.  Establishing Jurisdiction - Messrs. Doyle, Rolband, and Stokely

12:30 p.m.  Lunch Break
Video Webcast Segment B

2:00 p.m.  Surface Coal Mining - Ms. Bennett and Messrs. Hecker, James, and Srinivasan

3:30 p.m.  Networking and Refreshment Break

3:45 p.m.  Wet Weather and the Forest Roads Litigation - Prof. Heinzerling and Mr. Bishop 

4:45 p.m.  Adjournment for the Day; Networking Reception for Registrants and Faculty


8:30 a.m.  Continental Breakfast and Networking Session
Video Webcast Segment C

9:00 a.m.  Climate Change - Mr. Grumbles and Dr. McGee

10:30 a.m.  Networking and Refreshment Break

10:45 a.m.  Hydraulic Fracturing - Professor May, Mr. Bossert, and Ms. Wehling

12:00 p.m.  Lunch Break
Video Webcast Segment D

1:15 p.m.  Update on Regulatory and Case Law Developments under EPA's Industrial and Municipal Stormwater Permit Programs - Mss. Bodine and Dunn and Mr. Longsworth 

2:45 p.m. Networking and Refreshment Break

3:00 p.m.  Ethical Issues for the Environmental Practitioner - Mss. Berlowe and Esterman

4:00 p.m.  Adjournment


Total 60-minute hours of instruction: For more information on CLE credits for a particular jurisdiction, click on the “Mandatory CLE Credit” link in the box titled, “Course Details,” at the top left of this web page.

Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter

Educational Objective: Maintenance of professional competence as a practitioner; provision of information on recent legal developments

Level of Instruction: Advanced

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:
This was an excellent conference. The best thing about this conference is the mix of faculty on each panel – it’s so helpful to hear from EPA/government lawyers as well as private practitioners and academics. I certainly appreciated the range of issues presented. – 2010 registrant
I really liked the sound bite/rapid fire Q&A session after the EPA-state panel. It produced the most lively Q&A session of the course. – 2010 registrant
The speakers were fantastic – deeply knowledgeable, passionate, and engaging. I practice in a very narrow area of the Clean Water Act, and learned a great deal about fascinating issues on the periphery of my area…The moderators were also top notch. They kept things moving and asked penetrating questions. – 2009 registrant
Good for the first-time Clean Water Act practitioner as well as for the seasoned practitioner. – 2009 registrant
The presenters who were able to add humor and ‘down to earth’ examples and commentaries were very effective in presenting a somewhat dry subject area. – 2009 registrant
This was great – many different speakers, points of view, perspectives and topics covered. Really eye-opening to a lot of challenges and opportunities. – 2009 registrant
The program was well organized and interesting, full of up-to-date and useful information. Thanks. – October 2007 registrant
This is a solid course, and the planners should be commended for putting together a great group of speakers talking about relevant themes. – Greg Schaner, U.S. Environmental Protection Agency, Washington, D.C.
Another high quality course. Faculty were very knowledgeable and presented their subjects well. I learned much that was new and increased my understanding of the subject.
Excellent program. Speakers were well prepared and information they presented is very helpful in my practice.

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Course Details

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