climate change and air quality - cross border issues · presented by the canadian bar...
TRANSCRIPT
Presented by the Canadian Bar Association'sNational Environmental, Energy and ResourcesLaw Section (NEERLS) and Continuing LegalEducation Committee in partnership with theAmerican Bar Association's Section ofEnvironment, Energy and Resources (SEER).
Thursday, May 15 - Friday, May 16,2008 at The Fairmont ChâteauLaurier Hotel, Ottawa, Ont.
The 2008 National Environmental, Energy and Resources Law Summit
CLIMATE CHANGE AND AIRQUALITY - CROSS BORDER ISSUES
Program Co-Chairs:
• Jonathan Kahn, Blake, Cassels & Graydon LLP, Toronto, Ont.
• Dennis Mahony, Torys LLP, Toronto, Ont.
ABA SEER Liaison:
• Eugene Smary, Warner Norcross & Judd, LLP, Grand Rapids, MI
This program will be another joint effort with the American Bar Association’s Section of
Environment, Energy and Resources (“SEER”), which has for the first time coordinated its
National Council meetings to be held at the same venue, in downtown Ottawa next to
Parliament Hill. The program has been designed to provide private practitioners, in-house
corporate and government counsel, regulators, local government representatives and
other professionals with an annual update on the hottest issues in the environment,
energy and resources law field, and unprecedented access to leading experts. This year’s
theme, Cross-Border Issues in Climate Change and Air Quality, is “the” legal and political
hot topic throughout North America and in much of the world. The program focus will
include: an overview of the rapidly expanding North American legal regime; the
emergence of carbon markets; green power; the continued resurgence of the nuclear
industry; and a review of several cross-border air issues.
The program will help experienced professionals stay on top of the latest developments
in order to assist in managing emerging issues and anticipate what is on the horizon. It
will also be of interest to newer practitioners looking for a sense of the current issues in
the field and for exposure to the leading experts.
Don’t miss the networking opportunities presented by our joint ABA/CBA evening
receptions on Thursday and Friday.
Mark your calendars now for the joint CLE program. Conference attendees are
welcome to attend the joint NEERLS and SEER business meeting immeditately following
the CLE. This is a terrific opportunity to get to know more about both Sections. To RSVP
and for more information, please contact Corinna Robitaille at [email protected].
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Silver Sponsors
Program Agenda
THURSDAY, MAY 15, 2008
8:00 - 8:45 REGISTRATION
8:45 - 9:00 WELCOME AND INTRODUCTIONS
9:00 – 9:30 KEYNOTE OPENING ADDRESS Michael B. Gerrard, Arnold & Porter LLP, NewYork, NY, Editor of the ABA book Global ClimateChange and U.S. Law, published in 2007 (Invited)
9:30 – 10:45 NORTH AMERICA’S CLIMATE AND CLEAN AIRREGULATORY FRAMEWORK
Moderator: Tony Crossman, Miller Thomson,Vancouver, B.C.
Panelists: Mike Beale, Environment Canada,Ottawa, Ont.Lee DeHihns, Alston & Bird, Atlanta,GATeresa Meadows, Miller Thomson,Edmonton, Alta.
This panel will provide an overview of the emergingregulatory framework in North America for climatechange and air pollution. It will address, among otherthings, whether Kyoto will play a role in NorthAmerica; what is happening at the federal,state/provincial and local levels of government; andwhat regional initiatives we should be following.
10:45 – 11:00 REFRESHMENT BREAK
11:00 – 12:00 CARBON FINANCE
Moderator: Dennis Mahony, Torys LLP, Toronto,Ont.
Panelists: Michael Barrett, Bennett Jones,Toronto, Ont.Laura H. Kosloff, EcoSecurities,Portland, ORDouglas Tingey, Davis & Co., Toronto,Ont.
Although some GHG emissions trading has beenunderway in North America for years, we are onlynow entering the early stages of a major new marketfor carbon, which will be driven by the longanticipated mandatory constraints on GHG emissionsand regulatory support for emissions trading. Giventhe global nature of developments in this area, director indirect linkages between the emerging Canadianmarket and those in the United States, Europe andeventually the rest of the world, are inevitable. Thispanel will discuss some of the financial opportunitiesand challenges associated with this emerging market,including with respect to project development,finance and emissions trading.
12:00 – 1:30 LUNCH FOR ALL ATTENDEES WITHKEYNOTE SPEAKERRobyn Glindemann, Allans Arthur Robinson, Perth,Australia
1:30 – 2:45 GREEN POWER
Moderator: Gloria Chao, Blake, Cassels & GraydonLLP, Vancouver, B.C.
Panelists: Jonathan Kalmakoff, SaskPower,Regina, Sask.Patricia Bood, Brookfield Power,Toronto, Ont.Donald McInnes, Plutonic PowerCorp., Vancouver, B.C.
This panel will examine the regulatory issuesassociated with the rapid development of green,clean, alternative and renewable energy sources indifferent Canadian jurisdictions. In particular, thepanel will focus on three growing energy sources:wind, clean coal and run-of-river, from the points ofview of project developers and the regulator.
2:45 – 3:00 REFRESHMENT BREAK
3:00 – 4:00 NUCLEAR POWER AND THE ENVIRONMENT
Moderator: Tamar Cerafici, Ballard Spahr Andrew& Ingersill, LLP, Philadelphia, PA
Panelists: Brenda MacKenzie, Department ofJustice, Ottawa, Ont.Ahab Abdel Aziz, Heenan Blaikie,Toronto, Ont.Stanley Berger, Ontario PowerGeneration, Toronto, Ont.
Nuclear Power continues to be resurgent, which hasrekindled the debate on a host of familiarenvironmental issues. This panel will consider issuessuch as the balance between regulatory oversight andlicensee autonomy, nuclear liability, spent fuel andenvironmental assessments for nuclear sites and willcompare recent developments in Canada with theAmerican approach.
4:00 – 5:15 HOT TOPICS IN ENVIRONMENT, ENERGY ANDRESOURCES LAW
Moderator: Patricia Houlihan, Houlihan &Associates, Vancouver, B.C.
Panelists: Charles Kazaz, Fasken MartineauDuMoulin LLP, Montreal, Qc &Toronto, Ont. Claudia Rast, Pear Sperling Eggan &Daniels, P.C., Ann Arbor, MIJason Bourgeois, Alexander HolburnBeaudin & Lang LLP, Vancouver, B.C.
Speakers are confirmed, but may change due to unforeseen circumstances
This popular yearly panel will focus on a selection ofthe very latest developments across Canada and theU.S.
5:15 – 7:00 JOINT ABA/CBA NETWORKING RECEPTION
This cocktail and hors-d’oeuvres reception will serveas an excellent opportunity to meet speakers and theother attendees.
FRIDAY, MAYAY 16, 2008
8:30 – 9:00 KEYNOTE OPENING ADDRESSSuedeen Kelly, Commissioner, US Federal EnergyRegulatory Commission (FERC), Washington, D.C.
9:00 – 9:30 A CONVERSATION AMONG SENIORGOVERNMENTAL COUNSEL
Moderators: Lee DeHihns, Alston & Bird, Atlanta,GASean Foreman, Wickwire Holm,Halifax, N.S.
Panelists: Roger Martella, EnvironmentalProtection Agency, Washington, D.C. Brenda MacKenzie, Department ofJustice, Ottawa, Ont.John Cruden, U.S. Department ofJustice, Washington, D.C.
9:30 – 10:45 CROSS-BBORDER AIR ISSUES - 20 YEARS, FROMACID RAIN TO CLIMATE CHANGE
Moderator: Jonathan Kahn, Blake, Cassels &Graydon LLP, Toronto, Ont.
Panelists: LeRoy Paddock, George WashingtonUniversity Law School, Washington,D.C.John Turchin, Ontario Ministry of theAttorney General (Environment),Toronto, Ont.Jared Snyder, New York Departmentof Environmental, Conservation,Albany, NY
Acid rain was the first big cross-border air issue. Thispanel will take a retrospective look at the acid rainissue from both sides of the border, and will lookahead to the next 20 years. Recently, Ontario (andmany U.S. states and NGO’s) have formally opposedthe U.S. EPA over air emissions from coal-firedplants. New York has complained about Ontario coalplants. What is being done about old coal technologyin eastern North America?
10:45 – 11:00 REFRESHMENT BREAK
11:00 – 12:00 OIL PRODUCTION AND GREENHOUSE GASES
Moderator: Eugene Smary, Warner Norcross &Judd, LLP, Grand Rapids, MI
Panelists: Dufferin Harper, Blake, Cassels &Graydon LLP, Calgary, Alta.Colin Graham, Torys LLP, Toronto,Ont.Sheila S. Hollis, Duane Morris LLP,Washington, D.C.
While the Alberta oilsands are one of the world'slargest energy reserves, the energy required toextract the oil results in elevated greenhouse gasemissions. This panel will examine the effects ofthose emissions and the proposed expansion offacilities relying on the supply of energy from theoilsands regionally, nationally and bi-nationally.
12:00 – 12:15 CLOSING REMARKS BY THE CO-CCHAIRS
12:30 – 2:00 JOINT ABA SECTION OF ENVIRONMENT,ENERGY & RESOURCES LAW/NEERLS BUSINESSMEETING
Conference attendees are welcome to attend thejoint ABA/NEERLS and NEERLS business meeting,also held at the Château Laurier. These meetings area terrific opportunity to get to know more about howthe two sections work. To RSVP and for moreinformation, please contact Corinna Robitaille [email protected]
2:30 – 5:00 CONTINUATION OF NEERLS BUSINESSMEETING
5:15 – 7:00 JOINT ABA/CBA NETWORKING RECEPTION
As the conference winds up, this cocktail and hors-d’oeuvres reception provides one more opportunityto mingle with speakers and other attendees.
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May 15-16, 2008The Fairmont Château Laurier Hotel
FEE GST (5%) TOTAL
CBA/ABA Members $580.00 $29.00 $609.00
Students (CBA/ABA Members) $210.00 $10.50 $220.50
Non-Members $745.00 $37.25 $782.25
Payment due with registration application.
Yes, I would like to join the CBA now and pay the member fee to attend thisprogram. I understand that a membership representative will be contacting me.
No, I cannot attend but would like to purchase the course material. The publicationcoordinator will contact me after the conference to discuss cost and shipping.
MEETING VENUEFairmont Château Laurier Hotel1 Rideau Street, Ottawa, ONTelephone: 1-800-441-1414Website: http://www.fairmont.com
HOTEL RESERVATIONPlease contact the hotel directly and mention the promotioncode GRCLE1 to obtain the preferred rate or visit the hotelwebsite at http://www.fairmont.com/EN_FA/Reservations/.The preferred room rate is available until Sunday, April 13,2008.
TRAVELAir Canada is the official carrier for all our CBA meetings. Inorder to receive a 10% discount, you must book your flighton-line at www.aircanada.ca and indicate the promotion codeW9KW4AU1. The discount is not available if you call AirCanada directly.
CAR RENTALAVIS, the official rental car supplier of the CBA, offers severalspecial rates. Call 1-800-331-1600 or visit www.avis.com toreserve your car. You must quote discount number C136498.
TO REGISTERPay by credit card (Visa or MasterCard only), or send chequeor money order made payable to the Canadian BarAssociation together with this registration form to:
Kim MacDonaldCLE Program CoordinatorCanadian Bar Association865 Carling Ave., Suite 500Ottawa, ON, K1S 5S8 or fax information to 613-237-0185
PAYMENT MUST BE RECEIVED PRIOR TO THEACTUAL CONFERENCE TOGETHER WITH YOURCOMPLETED REGISTRATION FORM. ALL RECEIPTSARE MAILED OUT AFTER THE CONFERENCE
CANCELLATION POLICY: There will be a 20% administrative charge for any cancellationreceived in writing prior to April 15, 2008. No refund will begiven after April 15, 2008.
There will be no refunds for “no-show” registrants. Theprogram material will be shipped to registrants unable toattend the program within 15 days of the program.
INFORMATIONFor further information about this program, please contactKim MacDonald at the CBA National Office by telephone at613-237-2925 or 1-800-267-8860 ext. 161, or by e-mail [email protected].
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This program has beenaccredited by the Law SpecialtyCommittee of the Law Society ofUpper Canada for 8 hourstowards the professionaldevelopment requirement forcertification.