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Accreditation

1.0 MCPE & 4.5 VCLE Credit Hours 5.5 Washington MCLE Credits, including 1.0 Ethics Credit ~ pending 4.75 General & 1.0 Ethics Credits ~ pending

Hawaii CLE:

Water Law
January 11, 2012

Hawaii
YWCA

Washington CLE:

Honolulu, HI

Why You Should Attend:


Water and water law is at the core of nearly every issue in Hawaii, an island state. Whether it involves the management of fresh water resources, issues surrounding the shoreline, or how government agencies and private landowners are dealing with the issue of climate change, these are issues about which every lawyer, official, and planner should be aware. Join Program Co-Chairs Jesse K. Souki of the State of Hawaii, Office of Planning, and Robert H. Thomas of Damon Key Leong Kupchak Hastert, as we examine these important subjects:
Case Law Update: Public Trust and the Status of Water Rights and Fresh Water State Water Commission Update Shoreline and Coastal Water Impacts on Water Climate Change Adaptation U.S. Army Corps of Engineers Jurisdictional Issues Ethical Considerations When Dealing With Agencies and Boards
www.TheSeminarGroup.net

Oregon CLE:

California CLE:
4.75 General & 1.0 Ethics Credits

Who Should Attend:


Attorneys and Legal Staff Farmers and Ranchers Water and Irrigation Managers Developers and Landowners Government Officials Consultants and Engineers Planners Accountants Environmentalists Conservationists

5 eaSy WayS to regISter

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onlIne: www.TheSeminarGroup.net fax: 866-435-3444 emaIl: info@TheSeminarGroup.net Phone: 206-463-4400 / 800-574-4852 maIl: PO Box 523, Vashon, WA 98070

ConferenCe SChedule InSIde

Hawaii Water Law ~ Honolulu, HI


Wednesday, January 11, 2012

9:00 Introduction and Overview

Jesse K. Souki, Program Co-Chair

Office of Planning, State of Hawaii

2:30 U.S. Army Corps of Engineers Jurisdictional Issues

Robert H. Thomas, Program Co-Chair

Damon Key Leong Kupchak Hastert

Supreme Court Review of the Clean Water Act; Siting Issues; Aquaculture; Jurisdictional Issues in Clean Water Act; Rivers and Harbors Act

9:10 Case Law Update: Public Trust and the Status of Water Rights and Fresh Water
Statewide Climate Change Adaptation Policy; Ongoing Initiatives and Legal Framework; Possible Additional Legislative and Regulatory Approaches; Current Practices in Land Use Planning and Water Resource Management

Goodsill Anderson Quinn & Stifel Damon Key Leong Kupchak Hastert

Lisa A. Bail

Robert H. Thomas

William S. Richardson School of Law, University of Hawaii Cades Schutte LLP

Prof. David L. Callies Elijah Yip

3:15 Break 3:30 Ethical Considerations When Dealing With Agencies and Boards

10:30 Break 10:45 State Water Commission Update

Carole R. Richelieu, Former Chief Disciplinary Counsel


Department of Labor, State of Hawaii Damon Key Leong Kupchak Hastert

What the Supreme Courts Carrigan Decision Means for Elected and Appointed Officials: Organization as Client, Conduct When Dealing with a Tribunal and Other Ethical Considerations; Conflict of Interest Restrictions for Agency Officials

Reflections from a 17-Year Perspective: 1) Statutory and Case Law and Their Contradictory Interpretations; 2) From the Waiahole Ditch to the East and West Maui DitchesPublic Resource, Private Uses and the Laws Balancing Test

Office of Disciplinary Counsel, State of Hawaii

and Per Diem Hearing Ofcr.

Robert H. Thomas

Hawaii Commission on Water Resource Management

Commissioner Lawrence H. Miike

4:30 Adjourn

11:30 Shoreline and Coastal Impacts on Water


Boundaries; Legislative Changes; Coastal Zone Management; Engineered Setback Policy; Rolling Easements; Who Owns the Beach? What Happens When Things Change?

Leo R. Asuncion, Jr., AICP, Mgr., Coastal Zone Mgmt. Prog.


Office of Planning, State of Hawaii Damon Key Leong Kupchak Hastert

! The Best arn From day! Le n Up To Sig


UPCOMING SEMINAR SCHEDULE:
9th Annual Northwest Gaming Law Summit
December 1 & 2, 2011 ~ Seattle, WA December 6 & 7, 2011 ~ Seattle, WA January 12, 2012 ~ Honolulu, HI

Gregory W. Kugle

12:15 Lunch (on your own) 1:30 Climate Change Adaptation

Statewide Climate Change Adaptation Policy, Ongoing Initiatives, Possible Legislative and Regulatory Approaches; Current Practices in Land Use Planning; Hawaiis Law and Policy Tools for Climate Change Adaptation in the Water Resources Sector

10th Annual Washington CLE Bootcamp 2nd Annual Renewable Energy Projects
19th Annual Endangered Species Act
January 26 & 27, 2012 ~ Seattle, WA

President, National Hazard Mitigation Association; and Sr. Policy Advisor, Michael Baker, Jr., Inc., Alexandria, VA Office of Planning, State of Hawaii Starn OToole Marcus & Fisher; University of Hawaii, Center for Island Climate Adaptation & Policy

Edward A.Thomas, Moderator

Jesse K. Souki, Director

Richard J. Wallsgrove

6th Annual Best Practices for Owning


March 8 & 9, 2012 ~ Napa, CA

& Operating a Winery

The Seminar Group ~ FACULTY


Hawaii Water Law
Jesse K. Souki, Program Co-Chair, Director of the State of Hawaii Office of Planning, practices in the areas of environmental law, government & administrative law, land use law, municipal law, real estate law and transportation law. He previously served as Deputy Corporation Counsel, City and County of Honolulu. Robert H. Thomas, Program Co-Chair, a director with Damon Key Leong Kupchak Hastert, focuses on issues involving appeals, regulatory takings, eminent domain, water rights, land use, shoreline issues, navigational servitudes and voting rights. He is also the Managing Attorney for the Pacific Legal Foundation Hawaii Center. Leo R. Asuncion, Jr., AICP, is the Manager of the Hawaii Coastal Zone Management Program under the Office of Planning, Department of Business, Economic Development & Tourism, State of Hawaii, and is responsible for the implementation and management of the federal and state Coastal Zone Management Acts. Lisa A. Bail, a partner with Goodsill Anderson Quinn & Stifel, concentrates on environmental law, land use and commercial litigation. She has counseled clients in water pollution permitting issues, including NPDES permits and storm water permits, and pursued and defended enforcement actions regarding violations of water pollution laws. Prof. David L. Callies of the William S. Richardson School of Law, University of Hawaii, came to the School in 1978, following a decade of adjunct teaching and private practice where he counseled local, state, and national government agencies in land use management and control, transportation policy, and intergovernmental relations. Gregory W. Kugle, a Director with Damon Key Leong Kupchak Hastert, concentrates his practice in the area of litigation. He works in the areas of commercial disputes and business litigation, construction, land use and real estate, antitrust, product liability and personal injury, aviation, bankruptcy, admiralty and insurance coverage. Commissioner Lawrence H. Miike serves on the State Commission on Water Resource Management, which regulates and establishes policy for Hawaiis fresh water resources. In 1994, he was appointed State Director of Health and served in that capacity until his retirement in 1998. He was a member of President Clintons National Bioethics Advisory Commission from 1996-2000. Carole R. Richelieu is the former and longest serving chief disciplinary counsel of the Office of Disciplinary Counsel, State of Hawaii, and former fund administrator for the Lawyers Fund for Client Protection. She is a per diem hearings officer, hearing unemployment appeals for the State Department of Labor, and a legal ethics expert and instructor. Edward A. Thomas, President of the Natural Hazard Mitigation Association, is also a Senior Policy Advisor at Michael Baker Jr., Inc. in Alexandria, Virginia, working on the development of partnerships to better manage natural and man-made hazards in the U.S. He retired from the Department of Homeland SecurityFederal Emergency Management Agency after nearly 35 years of Public Service. Richard J. Wallsgrove is an attorney with Starn OToole Marcus & Fisher, where his practice focuses on business and commercial law, litigation, natural resources, technology and science, and energy. He is also working with the University of Hawaiis Center for Island Climate Adaptation and Policy to analyze climate adaptation tools for water resource management in Hawaii. Elijah Yip is a litigation partner with Cades Schutte LLP and serves as chair of the firms Health Law practice group. He practices in the areas of commercial and business litigation and arbitration; First Amendment rights, media, and open government law; and administrative law. He also advises on environmental and health law matters.

r giste Re y! Toda

emaIl: info@TheSeminarGroup.net onlIne: www.TheSeminarGroup.net Phone: 206-463-4400 / 800-574-4852 fax: 866-435-3444 maIl: PO Box 523, Vashon, WA 98070
ethics credit, and with the Oregon State Bar for 4.75 general and 1.0 ethics CLE credits. For information or accreditation in other states, please call The Seminar Group at (206) 463-4400 or (800) 574-4852. Substitution/Cancellation: You may substitute another person at any time. We will refund tuition, less a $50 cancellation charge, if we receive your cancellation by Thursday, Jan. 5, 2011. No refunds will be given after this date. For more information regarding administrative policies such as complaint and refund, please contact our office at (206) 463-4400. Course Materials: Each participant will receive a set of course materials, prepared by the speakers especially for this conference, which will be invaluable as a future reference. The course materials alone are available for $125 which includes shipping and handling. Homestudy Package: Our complete Homestudy Course, consisting of a full DVD or Audio CD and the Course Materials, is available for $550. This package is approved by the Hawaii Bar Association for 1.0 MCPE and 4.5 VCLE self-study credits and may qualify for self-study credit in other states. Seminar Location: The seminar will be held at the YWCA, 1040 Richards Street, Honolulu, Hawaii, 808-538-7061. Please call the venue for directions/questions.

since enrollment is limited. You may also register with a credit card via phone, fax or online. Walk-in registrations will be accepted subject to space availability. Please call The Seminar Group at (206) 463-4400 or (toll free) (800) 5744852, or fax to (866) 435-3444, or email: registrar@TheSeminarGroup.net Tuition: The tuition fee includes attendance at all sessions, coffee breaks, and all course materials. Full Tuition: $525 per person; Special Government rate: $425 per person; New Associate/Paralegal rate: $390 per person; Student rate: $327 per person. Make checks payable to: The Seminar Group. Save When Two or More Register: Save $25 each off of the Full Tuition fee only when two or more register from the same organization at the same time. Multiple discounts do not apply. Course Accreditation: This course has been approved by the Hawaii Bar Association for 1.0 Mandatory Continuing Professional Education (MCPE) credit hour and 4.5 Voluntary Continuing Legal Education (VCLE) credit hours. The Seminar Group is an approved State Bar of California MCLE provider #10734 and certifies that this activity has been approved by the State Bar of California for 4.75 general and 1.0 ethics CLE credits. Approval is pending with the Washington State Bar for 5.5 hours of Washington MCLE credit, including 1.0

Registration: Please mail or email your registration as soon as possible

PO Box 523 Vashon, WA 98070 18850 103rd Ave. SW, Ste. 123 800-574-4852 Fax: 866-435-3444 info@TheSeminarGroup.net

12.WATHI

January 11, 2012 YWCA Honolulu, HI YES! Please register the following: Name: ________________________________________________ Firm: _________________________________________________ Address: _______________________________________________ City: ___________________ State: ______ Zip: ________________ Phone: _____________________ Fax: _______________________ Email: ________________________________________________ I cannot attend. Please send me: Course Materials Only Homestudy: Video DVD & Materials Audio CD & Materials Single Registration 2 or more (one company) Government Employee New Assoc./Paralegal Student Course Materials Homestudy

Hawaii Water Law

Conference Fees

$525 $500 $425 $390 $327 $125 $550

Payment Method
Payment of $ ____________ Check Purchase Order Or Charge my: VISA MC AMEX Exp. Date: ______________
*Multiple discounts do not apply

Card No: Signature:


Call 800-574-4852 or Register Online at www.TheSeminarGroup.net

Jan. 11, 2012 ~ Honolulu, HI

Water Law
: CredItS
www.TheSeminarGroup.net

ourS dIt h le Cre InCludIng 1.0 .5 VC dItS, and 4 mCPe n mCle Cre g : 1.0 ing HI CLE .5 WaShIngto edIt ~ pendin redItS ~ pend r 5 C C S e: ethICS and 1.0 ethIC thICS CredItS Wa Cl .0 e ral ene and 1 neral : 4.75 g r Cle le: 4.75 ge o Ca C

YWCA

Hawaii

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