2018 SPRING CONFERENCE

Transcription

1 2018 SPRING CONFERENCE 14 TH ANNUAL ADMINISTRATIVE LAW AND REGULATORY PRACTICE INSTITUTE FRIDAY APRIL 27, 2018 PARK HYATT WASHINGTON TH STREET, NW WASHINGTON, DC GOLD SPONSOR Program Chair Linda Jellum Section Chair John F. Cooney 6 Hours of General CLE Credit requested

2 2018 SPRING CONFERENCE 14 TH ANNUAL ADMINISTRATIVE LAW AND REGULATORY PRACTICE INSTITUTE SCHEDULE AT A GLANCE FRIDAY APRIL 27, 2018 PARK HYATT GALLERY BALLROOM 7:30 AM 8:30 AM Registration and Continental Breakfast 8:30 AM 10:00 AM Rulemaking 101: The Rulemaking Process 10:00 AM 10:15 AM Break 10:15 AM 11:45 AM Rulemaking 101: Judicial Review of Rules 11:45 AM 12:15 PM 12:15 PM 1:00 PM Lunch is served Using Science and Technology to Inform the Regulatory Process (NON-CLE PANEL) 1:00 PM 2:30 PM Litigation and the Agency Administrative Record 2:30 PM 2:45 PM Break 2:45 PM 4:15 PM Statutory Interpretation 101 4:15 PM Conference Concludes 6.0 HOURS OF GENERAL CLE REQUESTED

3 PROGRAM FACULTY Linda Jellum John F. Cooney Program Chair & Vice-Chair of the ABA Section of Administrative Law Ellison Capers Palmer Sr. Professor of Law Mercer University School of Law, Macon, GA Section Chair of the ABA Section of Administrative Law Partner, Venable LLP, Washington, DC PROGRAM FACULTY Megan Brown Partner, Wiley Rein, Washington, DC Daniel Cohen Assistant General Counsel for Legislation, Regulation & Energy Efficiency, U.S. Department of Energy, Office of the General Counsel, Washington, DC Oren Cass Senior Fellow, Manhattan Institute, and Domestic Policy Director for the Mitt Romney Presidential Campaign, New York, NY Andrew Emery President, The Regulatory Group Inc., Arlington, VA Russell Frye Principal, FryeLaw PLLC, Washington, DC Laura Gaudreau Attorney Advisor, Office of Chief Counsel Regulations and Security Standards, Transportation Security Administration, Washington, DC Renée Landers Professor of Law and Faculty Director, Health and Biomedical Law Concentration, Suffolk University Law School, Boston, MA Steve Lehotsky Senior Vice President and Chief Counsel for Regulatory Litigation, U.S. Chamber of Commerce National Chamber Litigation Center, Washington, DC Amanda Leiter Professor of Law, American University Washington College of Law, Washington, DC Thomas Lorenzen Partner, Crowell & Moring LLP, Washington, DC (formerly Asst. Chief, Env. Def. Sec., ENRD, DOJ) Amy Lubrano Senior Regulatory Analyst, The Regulatory Group Inc., Arlington, VA Andrew Mergen Deputy Director of the Appellate Section, Environment and Natural Resources Section, at the Department of Justice, Washington, DC Melissa Patterson Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, DC Adina Rosenbaum Attorney, Public Citizen Litigation Group, Washington, DC Caroline (Carrie) Wehling Assistant General Counsel, Water Law Office, U.S. Environmental Protection Agency, Washington, DC Eric Womack Assistant Branch Director, Federal Programs Branch, Civil Division, U.S. Department of Justice, Washington, DC Diana Zuckerman, Ph.D. President, National Center for Health Research, Washington, DC

4 FRIDAY APRIL 27, SPRING CONFERENCE 7:30 AM 8:30 AM Registration - 8:30 AM 10:00 AM The Rulemaking Process Moderator: Amy Lubrano, Senior Regulatory Analyst, The Regulatory Group Inc. Inside Government Daniel Cohen, Assistant General Counsel for Legislation, Regulation & Energy Efficiency, U.S. Department of Energy, Office of the General Counsel Andrew Emery, President, The Regulatory Group Inc. Outside Government Russell Frye, Principal, FryeLaw PLLC This panel will provide an introductory/refresher course on the procedural steps, legal requirements, and practical constraints applicable to issuing rules. The course will be co-taught by a team of lawyers with government and private practice experience, each bringing out considerations most relevant from their particular perspectives. CLE materials provided include a copy of the Document Drafting Handbook Annotated provided by The Regulatory Group Inc. 10:00 AM 10:15 AM 10:15 AM 11:45 AM BREAK Judicial Review of Rules Inside Government Melissa Patterson, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice Outside Government Megan Brown, Partner, Wiley Rein Steve Lehotsky, Senior Vice President and Chief Counsel for Regulatory Litigation, U.S. Chamber of Commerce National Chamber Litigation Center This panel will provide an introductory/refresher course on judicial review of rulemaking. The panel will present government and private practice perspectives on procedural and strategic considerations, legal standards and practical constraints applicable to challenging (or defending) regulations in court. CLE materials provided include a copy of the Document Drafting Handbook Annotated provided by The Regulatory Group Inc.

5 FRIDAY APRIL 27, SPRING CONFERENCE 11:45 AM 1:00 PM 12:15 PM 1:00 PM NON- Lunch is served, Using Science and Technology to Inform the Regulatory Process Moderator: Renée Landers, Professor of Law and Faculty Director, Health and Biomedical Law Concentration, Suffolk University Law School Oren Cass, Senior Fellow, Manhattan Institute, and Domestic Policy Director for the Mitt Romney Presidential Campaign Amanda Leiter, Professor of Law, American University Washington College of Law Diana Zuckerman, Ph.D., President, National Center for Health Research 1:00 PM 2:30 PM Litigation and the Agency Administrative Record Moderator: Andrew Mergen, Deputy Director of the Appellate Section, Environment and Natural Resources Section, U.S. Department of Justice Panel Organizer: Laura Gaudreau, Attorney Advisor, Office of Chief Counsel Regulations and Security Standards, Transportation Security Administration, Washington, DC Thomas Lorenzen, Partner, Crowell & Moring, LLP (formerly Asst. Chief, Env. Def. Sec., ENRD, U.S. Department of Justice) Adina Rosenbaum, Attorney, Public Citizen Litigation Group Caroline (Carrie) Wehling, Assistant General Counsel, Water Law Office, U.S. Environmental Protection Agency Eric Womack, Assistant Branch Director, Federal Programs Branch, Civil Division, U.S. Department of Justice This panel consisting of agency lawyers and litigators representing the government, the private sector, and public interest organizations will address topics relating to an agency s administrative record that are likely to arise in litigation. The panel s discussion should be relevant to government agency lawyers who participate in the development of the administrative record, as well as litigators and others interested in administrative law. The panel will address development of the record during agency proceedings (before final agency action and any subsequent litigation), as well as the considerations that agency attorneys and Justice Department litigation counsel take into account as they identify the administrative record for purposes of litigation. The discussion will consider record issues that arise in the context of a variety of different agency actions (such as adjudications and rulemakings) and legal challenges, including traditional APA suits challenging agency action, as well as proceedings under 5 U.S.C. 706(1) seeking to compel agency action unlawfully withheld or unreasonably delayed, and actions under other statutes, such as the National Environmental Policy Act. The panel will also discuss the scope of the administrative record, including the treatment of deliberative and other privileged

6 2:30 PM 2:45 PM BREAK material. The discussion will be followed by an opportunity for questions from the audience. 2:45 PM 4:15 PM Statutory Interpretation 101 Moderator: Renée Landers, Professor of Law and Faculty Director, Health and Biomedical Law Concentration, Suffolk University Law School Linda Jellum, Ellison Capers Palmer Sr. Professor of Law, Mercer University School of Law There are many ways to approach the process of interpreting a statute. Textualism is an interpretative approach that relies heavily on the intrinsic sources to determine meaning. Intentionalism is an interpretative approach that relies heavily on extrinsic sources, particularly the legislative history, to discern the enacting legislature s specific intent. Finally, purposivism is an interpretative approach that searches all of the sources to discern the enacting legislature s general intent, or purpose. With so many different approaches, how does an attorney discern the meaning of language in a statute? This panel will explain the linear approach to interpretation. The linear approach is a step-by-step process that will appeal to textualist, intentionalist, and purposivist judges alike. Taught by the Country s leading expert on statutory interpretation, this panel will help you learn how to effectively argue about and explain a statute s meaning to your client, opposing counsel, and, if necessary, a judge. 4:15 PM Conference Concludes

7 2018 SPRING CONFERENCE Washington, DC April 27, 2018 ONLINE REGISTRATION: PHONE: ABA Service Center, , Monday Friday 9:00 AM - 6:00 PM ET. NOTE MEETING AL Or return completed form to Rebecca.Mobley@americanbar.org. If credit card payment, the ABA Service Center will contact you for payment. ***GROUP DISCOUNT*** $10 off each registration with a group of 5+ People from the same Office/Agency PAPER REGISTRATION ONLY TO ACCESS GROUP DISCOUNT. completed forms to Rebecca.Mobley@americanbar.org. The ABA Service Center will enter the 5+ registrations and contact for payment. Do not include any payment information with this form. QUESTIONS??? Contact Rebecca.Mobley@americanbar.org or In the interest of furthering the ABA s creation, promotion and distribution of educational/informational materials (both now and in the future), I understand and agree that my registration and attendance at, or participation in, ABA meetings, programs and events ( Events ) constitutes an agreement by me to grant to ABA the right to record my image, photograph, picture, likeness, and voice by any technology or means. I also grant ABA the right to copy, use, perform, display and distribute such recordings of me for any legitimate purpose, including but not limited to distribution by means of streaming or other technologies via the Internet, or distribution of audio or video files for download by the public. I hereby waive any right to inspect, approve, or be compensated for use of any materials incorporating such images obtained during the Events. I release ABA and its agents, representatives and licensees from all liabilities arising out of any use of my likeness and d information as provided above. I understand and agree that any and all negatives, digital images, and recordings of my likeness, regardless of form, are and shall remain property of the ABA. Conference Location: Park Hyatt Washington, th St. NW, Washington, DC The hotel is easily accessed via the Orange/Blue/Silver lines at the Foggy Bottom GWU Metro Station. Sorry, we cannot validate parking. CLE: The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, CT, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, ME, MN, MS, MO, MP, MT, NH, NJ, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 6 CLE credit hours in 60-minute states, and 6.5 credit hours in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit: All CLE materials will be posted online and ed to attendees. Please contact Angela.Petro@americanbar.org by April 15, 2017 if your local MCLE board/state requires a hard copy of materials. Scholarships: A limited number of scholarships to defray tuition expenses are available for this program. To request an application or receive additional information, please contact Anne.Kiefer@americanbar.org or Scholarship applications must be received by the ABA no later than two weeks prior to the program presentation. Cancellation: Cancellations accepted with cancellation fee ($25 $50 depending on rate). Substitutions are accepted without fee. Contact Rebecca.Mobley@americanbar.org or Special Needs: If you have any special needs (equipment or dietary), please contact Anne.Kiefer@americanbar.org or Qty. Registration Type Rates April 27, 2018 Full Program, 6 Hours Professional Practice CLE ABA Administrative Law Section Member, and Government Attorney Rate $199 ABA Member $209 Non-Member of ABA (not a Government Attorney) $329 Law Student $25 ***GROUP DISCOUNT*** $10 off each registration with a group of 5+ People from the same Office/Agency Name: ABA Member I.D.: Administrative Law Section Member? Yes No Phone: Organization: Address: City, State, Zip: PAYMENT INFORMATION (Checks only*) o Check (payable to American Bar Association ) o VISA, AMEX, MC, Discover accepted online or with ABA Service Center *To protect your credit card security, we are accepting credit cards only through online registration or by calling the ABA Service Center. Please contact Rebecca.Mobley@americanbar.org or with registration questions.