Friday, April 10, 2015

8:30-9:40 Welcoming Remarks

James M. Van Nostrand
Associate Professor, WVU College of Law
Director, Center for Energy & Sustainable Development

Gregory W. Bowman
Professor of Law and Interim Dean
WVU College of Law

8:40-9:10 Morning Keynote Address

Alexandra Dapolito Dunn
Executive Director and General Counsel
Environmental Council of the States
State Leadership at the Nexus of Water and Energy

9:15-10:45 Panel 1

EPA’s Proposed Rule on “Waters of the United States”: Potential Impacts on Energy Production and Transmission.
The definition of “Waters of the United States” is critical to identifying the jurisdiction of the Clean Water Act, yet the definition is anything but clear. Last spring, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers proposed a new rule in hopes of offering clearer lines of distinction between jurisdictional and non-jurisdictional waters. This panel will discuss the parameters of the current definition, how it could change in the event the proposed rule becomes final, and what the new definition would mean for stakeholders.


Alison Peck
Professor of Law
WVU College of Law


Kim Diana Connolly
Professor of Law
SUNY Buffalo Law School

Jan Goldman-Carter
Wetlands and Water Resources Counsel
National Wildlife Federation
Clarifying ‘Waters of the United States’ to Restore and Maintain the Nation’s Waters

Kathy G. Beckett
Member, Steptoe & Johnson PLLC
”Waters of the United States”: A Perspective of Oil and Gas Exploration and Production Operations

10:45-11:00 Morning Break

11:00-12:30 Second Panel

EPA’s Final Cooling Water Intake Rule: Issues in Reducing Harm to Fish.
Energy generation requires large volumes of water that power plants withdraw from nearby water bodies. The cooling water intake structures harm large numbers of fish and shellfish or their eggs by pulling them into the power plant’s cooling system or trapping them against the intake screens. In October 2014, EPA’s cooling water intake rule went into effect, requiring over 500 power plants in the United States to assess how the operation of cooling water intake structures at their facilities harm fish and to install technologies to reduce these impacts. This panel will examine the issues in reducing fish impacts, explain what the rule requires, and discuss how facilities are complying with the new rule.

James R. May
Professor of Law and Co-Director of the Environmental Law Center
Widener University School of Law


Robert Wood
Director, Engineering and Analysis Division
Office of Water
U.S. Environmental Protection Agency

Phillip Musegaas
Legal Director
Potomac Riverkeeper Network
A Riverkeeper’s Perspective on EPA’s Cooling Water Intake Rule

Kristy Bulleit
Partner, Hunton & Williams

John R. Weinberger
Public Policy Consultant
316(b) in the Context of Market and Regulatory Trends

12:30-2:00 Lunch

Conference Keynote Address

Diana Bauer
Director, Office of Energy Systems Analysis and Integration
Office of Energy Policy and Systems Analysis
Department of Energy

2:00-3:30 Third Panel

Climate Change Impacts to Energy Production: Water Scarcity, Variability, and Uncertainty.
Climate change is altering water supply availability and consistency by disrupting precipitation patterns and exacerbating drought and storm events. This panel will examine the various ways that changing water availability will impact energy production and explore planning considerations for fuel source producers, energy generators, and regulators.


Joshua P. Fershee
Professor of Law
WVU College of Law


Professor Joseph W. Dellapenna
Villanova University School of Law
Legal Issues in Obtaining Water for Energy Production

Steve Clemmer
Director of Energy Research & Analysis
Climate and Energy Program
Union of Concerned Scientists
Water-Smart Power: Strengthening the U.S. Electricity System in Warming World

Sujoy Roy
Principal Engineer
Research & Development
Tetra Tech, Inc.
Climate Change Impacts on Water Availability for Energy and Other Sectors

3:30-3:45 Afternoon Break

3:45-5:15 Fourth Panel

Managing Water in Shale Gas Development: Issues in Water Supply, Transport, Storage, and Disposal.
Each shale gas development site requires large volumes of water and generates wastewater containing pollutants that typical municipal plants cannot treat. This panel will examine issues in managing the supply, transport, storage, and disposal of water and wastewater, discuss current regulatory requirements and industry practices, and recommend regulatory requirements and industry practices that can best address water and wastewater management issues.

Armando F. Benincasa
Member, Steptoe & Johnson PLLC

John King
Environmental Resources Analyst
Office of Environmental Advocate
West Virginia Department of Environmental Protection
WVDEP’s Office of Environmental Advocate, Bridging Stakeholder Communication & Promoting Community-based Approach to Shale Development.

Amy Mall
Senior Policy Analyst
Natural Resources Defense Council

Paul F. Ziemkiewicz
Director, West Virginia Water Research Institute
West Virginia University
Water use, environmental exposure and recommended handling methods in shale gas development

5:15-5:30 Concluding Remarks

James M. Van Nostrand
Associate Professor, WVU College of Law
Director, Center for Energy & Sustainable Development

5:30-7:00 Reception (drinks and appetizers)