Invitation to the
Legal Committee Meeting
WPPA Annual Meeting – Hotel Murano, Tacoma
November 15 – 18, 2016
This year the WPPA Legal Committee is proud to present two very informative seminars of interest to commissioners, attorneys, financial people, marina operators and marine terminal operators. These seminars seek to provide both substantive information and practical advice that can be put you use by ports across the state. While legal in nature these topics are presented in a format that works well for everyone and allows time for questions. Topics include:
CLE – TUESDAY AFTERNOON 1:00 to 5:00 p.m. (November 15, 2016)
- Storm Water Compliance. This issue has grown in importance as citizen lawsuits abound and regulations tighten for the Clean Water Act. Marie Quasius will present a concise overview with solid advice.
- Marine Terminal Operations. Kent Roberts will discuss how to avoid the pitfalls of liability around safe berth warranty charter clauses.
- Municipal Bonding. Industry expert, Cynthia Weed will provide a broad overview of municipal bonding with a discussion of what must be done after the bonds are sold and the money is in the bank. She will also provide a look at the new “green bonds” which may be coming soon to your port.
- Maritime Law. Surprisingly, federal maritime law applies in almost every marine function of a port – even in marinas. Katie Matison, a maritime law expert, will explain the structure and the surprising liability features of maritime law.
WPPA LEGAL COMMITTEE MEETING – WEDNESDAY MORNING 9:00 to 11:30 a.m. (November 16, 2016)
- The Oil Wars. Frank Chmelik, the WPPA general counsel, will provide a brief recap of the three cases (so far) where the WPPA has weighed in with our Washington Supreme Court on issues related to SEPA and Open Public Meetings. Frank will explain how the Court’s decisions may reach well beyond the issue of exporting oil.
- Executive Director – Transitions. Hear a lively panel discussion with Pat Jones and port lawyers concerning the best approaches to changing executive directors and managing the public process.
- EPA and Air Pollution at Ports. Brien Flanagan and Walter Evans will lead an informative presentation about the new EPA guidance for reducing air pollution (read greenhouse gases) at all types of ports.
- Ecology Funding. Jim Darling and Holly Stafford will cut through the rumor and clutter and provide some insight into what is happening at the DOE regarding funding and managing cleanup project.
Agendas have been included for each day, below. As always we will apply for CLE credit for those lawyers who register online before the Tuesday seminar. But honestly the seminars are designed for broader audience than lawyers. The WPPA Annual Meeting will be the time and the place to cost effectively gain important knowledge and practical strategies to address legal issues of concerns to ports. The Legal Committee hopes to see you at the WPPA Annual Meeting.
Alicia L. “Lisa” Lowe
WPPA legal Committee
TUESDAY, NOVEMBER 15, 2016
1:00 to 5:00 p.m.
|1:00 – 1:05||WELCOME AND INTRODUCTION|
|1:05 – 1:35||STORM WATER COMPLIANCE AND DEFENSE ISSUES FOR PORT DISTRICTS||Marie E. Quasius
K & L Gates, LLP
|1:35 – 2:35||PORT DISTRICT MARINE TERMINAL OPERATIONS – SAFE BERTH WARRANTY CHARTER CLAUSES||C. Kent Roberts
Schwabe, Williamson & Wyatt
|2:35 – 2:45||BREAK|
|2:45 – 3:50||MUNICIPAL BONDING BASICS FOR PORT DISTRICTS – THE STRUCTURE, AFTER ISSUANCE COMPLIANCE ISSUES AND GREEN BONDS||Cynthia Weed
K & L Gates, LLP
|3:50 – 4:55||AN OVERVIEW OF MARITIME LAW FOR PORT DISTRICTS – MARINAS, SHIPPING TERMINALS AND OTHER PORT FACILITIES||Katie Matison
Lane Powell, LLP
|4:55 – 5:00||WRAP UP AND EVALUATIONS|
|5:00 – 6:00||RECEPTION|
WPPA LEGAL COMMITTEE MEETING
WEDNESDAY, NOVEMBER 16, 2016
9:00 to 11:30 a.m.
|9:00 – 9:05||WELCOME AND INTRODUCTION|
|9:05 – 9:30||“HARD CASES MAKE BAD LAW – THE OIL WARS” – THE WPPA’S AMICUS BRIEFS IN THE OIL WARS LITIGATION||Frank Chmelik
WPPA General Counsel
Chmelik Sitkin & Davis, P.S.
|9:30 – 10:30||“BREAKING UP IS HARD TO DO” – A ROUNDTABLE ON TRANSITIONING EXECUTIVE DIRECTORS – ISSUES SURROUNDING PROCESS, PUBLIC PERCEPTION, ED CONTRACTS AND ETHICS||Pat Jones
|10:30 – 11:00||“WE ARE FROM THE GOVERNMENT AND WE ARE HERE TO HELP” – THE EPA’S RELEASE OF NATIONAL ASSESSMENT OF STRATEGIES TO REDUCE AIR POLLUTION AT PORTS||Brien Flannagan and Walter Evans
Schwabe Williamson & Wyatt
|10:45 – 11:30||“SHOW ME THE MONEY” – UPDATE ON DOE – INTERGRATED PLANNING GRANTS, REMEDIAL ACTION GRANTS, AGREED ORDERS, CONSENT DECREES AND VCP GRANTS||Jim Darling and Mike Stringer
Maul Foster and AlongiHolly Stafford
Chmelik Sitkin & Davis, P.S.
|11:25 – 11:30||WRAP UP AND EVALUATIONS|