Improving Cooperative Relationships to Advance Environmental Compliance and Enforcement
Co-sponsored by the University of Richmond School of Law; Virginia Department of Environmental Quality, Enforcement Division; and the Southern Environmental Enforcement Network
Dates: October 17-18, 2012
Location: University of Richmond School of Law, Richmond, Va.
Speaker Bios & CLE materials
Improving Compliance and Enforcement through Inter-Agency Cooperation- Marcia Mulkey, Region III Counsel, U.S. Environmental Protection Agency - Handout #1 - Handout #2
- Jennie Waering, Assistant U.S. Attorney, U.S. Department of Justice, Western District of Virginia - Handout
- Rick Weeks, Chief Deputy, Virginia Department of Environmental Quality
- Kevin Finto, Hunton & Williams - Handout
- Tim Hayes, Hunton & Williams - Handout
- Chris Pomeroy, AquaLaw
- Ken von Schaumburg, Clark Hill
- David Davis, Director, Office of Wetlands & Stream Protection, Virginia Department of Environmental Quality - Handout
- Richard Henderson, Chief of Enforcement, U.S. Army Corps of Engineers, Norfolk District - Handout
- David Lastra, Special Assistant U.S. Attorney, U.S. Environmental Protection Agency, Region III - Handout
- David McLeod, Special Agent in Charge, U.S. Environmental Protection Agency, Region III, Criminal Investigation Division
- Justin Williams, Program Manager, Virginia Department of Environmental Quality Office of Waste Permitting and Compliance - Handout
- Joel Eisen, Professor, University of Richmond School of Law - Handout #1 - Handout #2
- Noah Sachs, Professor and Director of the Merhige Center for Environmental Studies, University of Richmond School of Law - Handout #1 - Handout #2
- Lee Crowell, Petroleum and Wetlands Enforcement Manager, Virginia Department of Environmental Quality - Handout
- Scott Kudlas, Water Supply Planning Manager, Virginia Department of Environmental Quality - Handout
- Kathleen O'Connell, Water Enforcement Manager, Virginia Department of Environmental Quality - Handout
- Elizabeth Andrews, Section Chief, Office of the Virginia Attorney General - Handout
- The Honorable Lawrence L. Koontz, L'65 H'98, Senior Justice, Supreme Court of Virginia
- The Honorable Anthony "Tony" Troy, Former Virginia Attorney General
- Margaret "Peggy" Sanner, Chesapeake Bay Foundation Staff Counsel - Handout #1 - Handout #2 - Handout #3
- Carol Wampler, Virginia Department of Environmental Quality Renewable Energy Policy Manager - Handout #1 - Handout #2 - Handout #3
- Andrea Wortzel, L'96, Hunton & Williams - Handout #1 - Handout #2
- John Ely, Enforcement Policy Manager, Virginia Department of Environmental Quality - Handout
- Kerri Nicholas, Air Enforcement Manager, Virginia Department of Environmental Quality
- Burt Tuxford, Stormwater Permitting Manager, Virginia Department of Environmental Quality - Handout
Part II: Stormwater Management Regulation in Virginia and the Virginia Stormwater Management Program
- Doug Fritz, Stormwater Permitting Manager, Virginia Department of Conservation and Recreation
- John McCutcheon, Erosion & Sediment Control Program Manager, Virginia Department of Conservation and Recreation - Handout
Full Agenda
7:45–8:15 a.m.
Registration & Coffee
8:15–8:30 a.m.
Welcome and Opening Remarks
- David Paylor, Director, Virginia Department of Environmental Quality
- Introduction by Jeff Reynolds, Enforcement Division Director, Virginia Department of Environmental Quality
- Marcia Mulkey, Region III Counsel, U.S. Environmental Protection Agency - Handout #1 - Handout #2
- Jennie Waering, Assistant U.S. Attorney, U.S. Department of Justice, Western District of Virginia - Handout
- Rick Weeks, Chief Deputy, Virginia Department of Environmental Quality
9:15–10:15 a.m.
Private Industry Client Interests and Compliance Strategy: Is a Cooperative Approach Between Regulators and Industry Achievable?
- Kevin Finto, Hunton & Williams - Handout
- Tim Hayes, Hunton & Williams - Handout
- Chris Pomeroy, AquaLaw
- Ken von Schaumburg, Clark Hill
10:15–10:30 a.m.
Break
10:30–11:15 a.m.
Federal and State Agency Wetlands Enforcement: Jurisdiction, Enforcement Emphasis and Agency Coordination
- David Davis, Director, Office of Wetlands & Stream Protection, Virginia Department of Environmental Quality - Handout
- Richard Henderson, Chief of Enforcement, U.S. Army Corps of Engineers, Norfolk District - Handout
11:15 a.m.–Noon
Evaluation of Environmental Violations for Civil or Criminal Action: A Practical Approach to How, When and Where to Refer
- David Lastra, Special Assistant U.S. Attorney, U.S. Environmental Protection Agency, Region III - Handout
- David McLeod, Special Agent in Charge, U.S. Environmental Protection Agency, Region III, Criminal Investigation Division
- Justin Williams, Program Manager, Virginia Department of Environmental Quality Office of Waste Permitting and Compliance - Handout
Noon–1 p.m.
Lunch Provided
1–1:45 p.m.
Opportunities for Improvement of the Virginia Legal Framework to Promote Protection of Public Health and the Environment
- Joel Eisen, Professor, University of Richmond School of Law - Handout #1 - Handout #2
- Noah Sachs, Professor and Director of the Merhige Center for Environmental Studies, University of Richmond School of Law - Handout #1 - Handout #2
1:45–2:30 p.m.
Compliance Trends and Emerging Areas of Concern: Wastewater Treatment Plant Monitoring and Reporting, Water Withdrawals and Federal Facilities
- Lee Crowell, Petroleum and Wetlands Enforcement Manager, Virginia Department of Environmental Quality - Handout
- Scott Kudlas, Water Supply Planning Manager, Virginia Department of Environmental Quality - Handout
- Kathleen O'Connell, Water Enforcement Manager, Virginia Department of Environmental Quality - Handout
2:30–2:45 p.m.
Break
State and Judicial Interests in Compliance and Enforcement
- Elizabeth Andrews, Section Chief, Office of the Virginia Attorney General - Handout
- The Honorable Lawrence L. Koontz, L'65 H'98, Senior Justice, Supreme Court of Virginia
- The Honorable Anthony "Tony" Troy, Former Virginia Attorney General
3:30–5 p.m.
"The Role of Enforcement in Resource Use and Management in Virginia" (hosted by the Richmond Bar Association Environmental & Energy Law Section)
- Margaret "Peggy" Sanner, Chesapeake Bay Foundation Staff Counsel - Handout #1 - Handout #2 - Handout #3
- Carol Wampler, Virginia Department of Environmental Quality Renewable Energy Policy Manager - Handout #1 - Handout #2 - Handout #3
- Andrea Wortzel, L'96, Hunton & Williams - Handout #1 - Handout #2
5–5:05 p.m.
Announcements & Adjourn
5:05 p.m.
Reception
Coffee
8–9 a.m.
Case Decision Training: How to Make Them and How to Avoid Them
- John Ely, Enforcement Policy Manager, Virginia Department of Environmental Quality - Handout
- Kerri Nicholas, Air Enforcement Manager, Virginia Department of Environmental Quality
Part I: Stormwater Management Regulation in Virginia and the Virginia Pollutant Discharge Elimination System Program (VPDES)
- Burt Tuxford, Stormwater Permitting Manager, Virginia Department of Environmental Quality - Handout
9:30–10 a.m.
Part II: Stormwater Management Regulation in Virginia and the Virginia Stormwater Management Program
- Doug Fritz, Stormwater Permitting Manager, Virginia Department of Conservation and Recreation
- John McCutcheon, Erosion & Sediment Control Program Manager, Virginia Department of Conservation and Recreation - Handout
10 a.m.
General Session Adjourns