MSBA ENVIRONMENTAL & NATURAL RESOURCES LAW SECTION
Annual Report for 2006-2007

The Chair of the MSBA Environmental & Natural Resources Law Section submits the following annual report of the Section’s activities during 2006-2007:

Seminars
In response to requests from our members, the Section continued its efforts in 2006-2007 to provide high-quality, low-cost continuing legal education programs covering timely and important environmental law topics.  The Section offered a total of four seminars and a total of eleven CLE credits addressing environmental topics this year.  Several of these seminars were offered without charge. 

In November 2006, the Section held its third annual “State of the Environment” seminar.  The program provided an update from Minnesota environmental regulatory agencies.  Over fifty attendees discussed such diverse issues as impaired waters, climate change, sustainable timber harvesting, and environmental review with officials from the Minnesota Pollution Control Agency, the Minnesota Department of Natural Resources, the Minnesota Department of Agriculture, and the Minnesota Environmental Quality Board.

In December 2006, Ken Haberman, president of Landmark Environmental, LLC, and Council Delegates Joe Maternowski and Sue Steinwall discussed the United States Environmental Protection Agency’s new “All Appropriate Inquiries” rule.  The panelists explored the EPA rule and its interaction with new standards from the American Society for Testing and Materials (ASTM) for Phase I environmental assessments.  Offered without charge, the one-hour program followed the monthly meeting of the Section’s Governing Council. 

On April 11, 2007, the Section offered a program during which Janette Brimmer of the Minnesota Center for Environmental Advocacy discussed recent developments under the Wetland Conservation Act.  This one-hour program was also free to all Section members and followed the Section Governing Council’s monthly meeting.

On April 19, 2007, over 160 attorneys, consultants, and other environmental professionals attended the Section’s premier educational offering, the third annual Environmental Law Institute.  Sponsored by the Section and Minnesota Continuing Legal Education, the Institute featured an outstanding keynote address by John C. Cruden, Deputy Assistant Attorney General for the Environment Division of the United States Department of Justice.  In addition, the Institute offered presentations from twenty faculty members on a wide range of timely environmental issues in two plenary and eight small-group sessions.  The presentations included an update of environmental case law and regulations, climate change and carbon dioxide regulation, the all appropriate inquiries rule, the future of environmental enforcement, hot topics under the Clean Water Act, and the future of environmental review and environmental rights in Minnesota.  There were also several small-group sessions designed for newer attorneys, including a discussion of the basics of administrative law for environmental practitioners, a technical primer for lawyers on analyzing groundwater and surface water issues, and a panel discussion focused on the challenges facing public interest environmental lawyers.

Newsletter
The Section published two newsletters in 2006-2007.  The newsletters offered feature articles analyzing the United States Supreme Court’s decision in Massachusetts v. EPA addressing climate change, the new storm water rules for the City of Minneapolis, and the United States Environmental Protection Agency’s recently promulgated “All Appropriate Inquiries” rule. In addition, the newsletters contained regular columns discussing environmental issues affecting agriculture and summarizing recent judicial decisions in environmental and natural resources law.

Family Day
Over thirty members and their families enjoyed the Section’s annual Family Day on February 10, 2007, held at the Minnesota History Center in St. Paul.  The event included lunch and a scavenger hunt for historical information in the History Center’s museum.

Award
At the Environmental Law Institute, the Section presented its third annual Distinguished Service Award, which recognizes a member of the bench or bar who has demonstrated a significant commitment and made an outstanding contribution to environmental or natural resources law in the state of Minnesota.  Prior recipients of the award include Eldon Kaul and Chuck Dayton.  This year’s recipient was Mac Hyde.  Mr. Hyde has been a leader in environmental law and litigation in Minnesota for more than forty years.  He represented Reserve Mining in one of the most important environmental cases in the state’s history, tried the first case under the Minnesota Environmental Response & Liability Act, and handled several environmental insurance coverage claims that were ultimately resolved in the Minnesota Supreme Court.  Mr. Hyde also crafted a number of innovative settlement agreements with the Minnesota Pollution Control Agency and other regulatory entities.

Outreach
Outreach to law students and young lawyers was another of the Section’s priorities this year.  In early October 2006, the Section held a reception at which over two dozen area law students and nearly one dozen Section members discussed the practice of environmental and natural resources law in the upper Midwest.  At the Environmental Law Institute, the Section hosted its third annual law student lunch, providing students the opportunity to discuss the practice of environmental law with Section members and Institute faculty.  As discussed above, the Institute also offered a number of sessions designed for law students and young lawyers.

Section Elections
The election for Section Officers and Governing Council Delegates yielded a full roster comprised of lawyers engaged in all facets of environmental and natural resources law practice.  The 2007-2008 Section Officers and Council Delegates include attorneys from large and small private law firms, government, corporations, public interest groups, universities and law schools, and solo practitioners.

Respectfully submitted

Thaddeus R. Lightfoot
The Environmental Law Group, Ltd.
Section Chair 2006-2007

MSBA Environmental & Natural Resources Law Section
2005-06 Annual Report

The Section continued to provide valued services to its members over the past year. Section activities included the following:

Seminars
The Section sponsored two major CLE programs this year. Over 50 people attended the Section's fall "State of the Environment" agency update CLE on November 17. Speakers from the Minnesota Pollution Control Agency, the Department of Natural Resources, the Attorney General's Office, the Environmental Quality Board, and the Board of Water and Soil Resources each provided information and insight on issues of importance to their agencies as they attempt to fulfill their mandates, use their limited enforcement resources, and plan for the future.

On April 19, 2006, the Section sponsored the second annual Environmental Law Institute, presented by Minnesota Continuing Legal Education. This full-day CLE offering drew nearly 140 attendees, featured 18 speakers and included a keynote address by Minnesota Department of Natural Resources Commissioner Gene Merriam. Five plenary sessions were presented, as well as seven breakout sessions. A tuition discount was provided for government and non-profit lawyers. The Section also presented its second annual Distinguished Service Award at the Institute.

For the first time this year, the Section's educational offerings included the following series of one-hour CLEs in conjunction with Section Council meetings in October, January, and May:
"A Constitutional Right to Environmental Quality" - Marcia Gelpe, Emerita Professor of Law at William Mitchell College of Law and professor at Netanya Academic College School of Law, Israel.
"The Uniform Environmental Covenants Act" - Michele Timmons, Minnesota Revisor of Statutes and a member of the National Conference of Commissioners on Uniform State Laws Committee.
"Looking Back to the Future of Environmental Law and Policy" - Eldon Kaul, retired Minnesota Assistant Attorney General, and Michael Sandusky, Director, Environmental Analysis and Outcomes Division, Minnesota Pollution Control Agency.

Newsletter
Three issues of the Section newsletter were published to provide members with case law and administrative updates, reports on environmental issues in agricultural law, submissions from state agency personnel, and articles on other topics contributed by members. The Council continued to employ a local law student to assist with case updates.

Family Day
Members, their families, and guests enjoyed the Section's annual Family Day activity at the March 12 Minnesota Wild-Edmonton Oilers game. This unique event gives Section members and their families an opportunity to interact in a social setting.

Award
The Section presented its second annual Distinguished Service Award to Charles Dayton in recognition of his long-time and tireless advocacy for the Boundary Waters Canoe Area, education and change on global warming issues, and other environmental causes.

Outreach
The Council explored ways to reach out to law students and newer lawyers. Activities included a Council-hosted law student reception on September 29 at the MSBA offices and a lunch for law students during the Environmental Law Institute. These events provided an opportunity for exchange of information and ideas between and among Council members and students regarding the state of the practice, career opportunities, and possible career paths.

The Council shared the rewards of the Section's successful programs and activities by contributing in November to the MSBA Katrina Legal Assistance Relief Fund. In support of this initiative, the Council approved a donation of $1,000 to assist legal service organizations in the Gulf Coast region. Every Section member can be proud of being a part of this effort to help our colleagues in the affected areas.
Council Members Council elections resulted in a full roster of officers and delegates comprised of lawyers representing different aspects of environmental and natural resources practice. The 2006-2007 Council includes attorneys from private law firms, government, corporations, public interest groups, universities and law schools, as well as solo practitioners.

Submitted by

Gary L. Hansen
AgriBank, FCB
Section Chair 2005-2006

MSBA Environmental & Natural Resources Law Section
2004-05 Annual Report

The Section had a great year this past year. The Section's activities this year included the following:

Seminars
The Section worked on two seminars this year. The first seminar, presented on November 9, 2004, was entitled "What's Hot Now? An Environmental Update from State Government." Over fifty people attended this seminar featuring speakers from the Pollution Control Agency, Environmental Quality Board, Department of Natural Resources and Board of Water and Soil Resources. Each speaker gave an update as to the activities of her or his agency as well as a preview of that agency's focus and initiatives for the upcoming year.

On April 22, 2005, the Section sponsored the First Annual Environmental Law Institute, presented by Minnesota Continuing Legal Education. This full-day CLE drew over 175 attendees, featured 17 speakers and included a keynote address by Minnesota Pollution Control Agency Commissioner Sheryl Corrigan. Seven plenary sessions were presented as well as seven workshops. The Section sponsored a tuition discount for government and non-profit lawyers. The Section also presented its first Distinguished Service Award at the Institute. The Section and MCLE plan to make this an annual event and believe that participation will continue to be high.

Newsletter
The revamped ENR Newsletter continued to provide the Section's members with caselaw and administrative updates, reports on environmental issues in agricultural law, submissions from state agency personnel and articles on other topics contributed by section members. The Council adopted a specific policy as to the purpose of the newsletter and disclosure of personal or professional involvement with the subject of her or his submission. The Council has continued to employ a local law student to assist with case updates.

Family Day
On February 5, the Section held its annual Family Day event. Two dozen members and guests attended the Minnesota-Wisconsin men's basketball game. The Section plans to hold a similar event this coming year in order to give Section members and their families an opportunity to interact in a social setting.

Award
The Section presented its first distinguished service award to Eldon Kaul, retired Assistant Attorney General, in recognition of his years of public service. Eldon began a well-deserved retirement in June 2004 after nearly 34 years of public service to the Attorney General's Office, his governmental clients and the people of Minnesota. Eldon currently spends at least some of his retirement doing volunteer work that focuses on civic education at the high school level. Eldon's goal in this work is to assist young people to better understand how their governmental and legal systems work. Most importantly, he wants to teach them to recognize their responsibilities as citizens to ensure that our democratic system works for the best interests and common good of the people. The Council was proud to award this honor to Eldon.

Outreach
The Council explored ways to reach out to law students and newer lawyers. As a part of this initiative, the Council hosted a lunch for law students during the Environmental Law Institute. The lunch was well-attended by both students and Council members, and provided a good exchange of information and ideas regarding the state of the practice, career opportunities and possible career paths. The Council plans to host a reception for law students interested in environmental law this fall.

The Council invited a number of visitors to informally address the Council. Council Delegate Dennis Coyne spoke with the Council about his career coaching practice at one meeting. In addition, the Council heard from students at the University of Minnesota Law School regarding their efforts to start an Environmental Law Clinic at the school. Martha Brand, Executive Director of the Minnesota Center for Environmental Advocacy, also made a presentation to the Council.

Council elections resulted in a full roster of officers and delegates comprised of lawyers representing different aspects of the environmental and natural resources practice. The 2005-2006 council includes attorneys from private law firms, government, corporations, public interest groups, as well as solo practitioners and a law professor.

Submitted by

Elizabeth H. Schmiesing,
Faegre & Benson LLP
Section Chair 2004-2005

MSBA Environmental & Natural Resources Law Section
2003-04 Annual Report

This past year the Council worked hard to provide services to its membership. The Sections activities included:

• A seminar on The Natural Areas and Farmland Preservation was conducted on October 14 at Dakota Lodge, Thompson County Park, in West St. Paul. Approximately 40 persons attended.
• A second seminar entitled Reflections on Reserve Mining: Environmental and Public Health Risks, Then and Now was held in the spring. The seminar featured key participants in the Reserve litigation including former Federal Judges Miles Lord and Myron Bright; trial lawyers Byron Starns, Tom Bastow and Raymond Erickson; consulting scientist Dr. Philip Cook; former MPCA director Grant Merritt; Professor Jamie Grodsky; and MPCA Commissioner Sheryl Corrigan. Over 70 persons attended the seminar. Many attendees commented that it was one of the finest seminars they had attended.
• The Section continued it support of Habitat for Humanity by making a $500 contribution.
• The Section initiated plans to update its web site with the assistance of law school students.
• A new format for a renewed Section newsletter was developed. The content will include a memo from the Council Chair; a summary of Council meetings; a directory of Council members and officers; an announcements/calendar page; brief articles on relevant topics solicited by Council members; environmental and natural resources law case-law updates; and a summary of Minnesota Pollution Control Agency events and current. A law student will be hired to help with publication of the newsletter with the first issue planned for the Fall of 2004.
• The Section monitored the Uniform Environmental Covenants Act and consulted with the Real Property Section. The Real Property Section advised that it believed that Minnesota may not need a uniform act. A revised draft of the Uniform Act has recently been published and the Section will continue to monitor whether legislative action is initiated in Minnesota.
• The Section planned a Family Day activity at the Minnesota Zoo but extremely low registrations resulted in cancellation of this event. The Council will evaluate next year whether to continues to offer this event for Section members.
• The Section also determined not to sponsor this year a Student Mentorship Program based on a lack of substantial participation by area law students in recent years.
• The Council initiated planning for next years seminars. Potential topics include impaired waters, TMDLs, environmental review, and environmental justice (elimination of bias credits).
• Finally the Section congratulated Eldon Kaul on his outstanding career of over 30 years as an Assistant Attorney General. Eldon was the manager of the Environmental Protection Division of the Minnesota Attorney General’s Office. At the time of his retirement Eldon served as Chief Counsel to the Minnesota Pollution control Agency. Eldon served in the past as Section Chair and in retirement will remain a council member of the Section

MSBA Environmental and Natural Resources Section
1998-99 Annual Report

The section has completed another successful year in the service of our members. The section sponsored a number of educational and outreach activities:

• Continuing Legal Education (including annual programs at the MSBA convention, and half-day practical programs on current developments).
• Mentor program for law students interested in environmental and natural resources fields, including an annual reception which rotates among the area law schools.
• Co-sponsorship with ABA’s Section on Environment and Natural Resources of a region-wide program on current developments in EPA Region V (along with similar sections of the other state bar associations in Region V).
• Family day event to provide an opportunity for our members to interact on a social level.
• Annual meeting between Section Council members and Attorney General’s staff representing the MPCA and DNR to discuss current developments, and improve the communication between the private and public bar.
• Other public service events.

Robert E. Cattanach,
1998-99 Chair

- Last Updated 08/03/07 -