Wednesday, July 27, 2011
2:15 – 3:45pm Eastern
Hosted by The Horinko Group’s Water Division

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The Obama administration’s recently proposed joint EPA/Corps of Engineers rulemaking is an attempt to provide clarity in the post-Rapanos world of wetlands regulation. But will it provide certainty and stability for both the regulated and regulatory communities?

For over thirty years, the definition of “waters of the United States” was given broad interpretation as applied to federal jurisdiction under Clean Water Act. By regulation, it included “all waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.” A long line of case law placed little restriction on the Constitutional extent of this definition.

That status quo was first eroded with the Supreme Court decision in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, 531 U. S. 159 (2001) (“SWANCC”), and then exploded in Rapanos v. United States, 547 U. S. 715 (2006) (“Rapanos”). In Rapanos, the Supreme Court was deeply divided regarding the jurisdiction of the Corps of Engineers under the Clean Water Act. In that decision, the nine justices issued five separate opinions: one plurality opinion, two concurring opinions, and two dissenting opinions, with no single opinion commanding a majority of the Court. This led Chief Justice John Roberts to predict, “It is unfortunate that no opinion commands a majority of the Court on precisely how to read Congress’ limits on the reach of the Clean Water Act. Lower courts and regulated entities will now have to feel their way on a case by case basis.” His words could not have been more prophetic.

The intervening five years since Rapanos have yielded several attempts at clarifying Clean Water Act jurisdiction and regulation. These attempts culminated in the April 27, 2011 release of “Draft Guidance on Identifying Waters Protected by the Clean Water Act,” jointly authored by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers. That document is currently on notice for a 60-day public comment period. The proposed guidance is an effort to clarify regulatory responsibility for small and ephemeral streams, waterbodies without a distinct surface connection to interstate waters or traditional navigable waters, and recognition that changes in chemical, physical and biological composition of waterways can have systemic consequences. The new guidance does not alter existing exemptions for normal agricultural, forestry and ranching practices under the Clean Water Act. The guidance excludes certain artificially irrigated areas, many agricultural and roadside ditches, and artificial lakes or ponds, including farm and stock ponds from regulation.

Hear from the Experts

The new guidance has already drawn criticism from some members of Congress and industry, who view it as overreaching, and members of environmental groups, who view it as not going far enough. This webinar will provide insight from both the regulated and regulatory communities on their views regarding the value of these new guidelines in providing regulatory clarity, predictability, consistency and transparency in the protection of our nation’s water quality.


Panelists include a seasoned line-up of professionals:

  • Marianne Horinko (Moderator)
    President, The Horinko Group

    Ms. Marianne Horinko is the President of The Horinko Group (THG). Ms. Horinko’s expertise is in watershed-based approaches to cleanup and revitalization, corporate sustainability, and collaborative solutions to environmental progress through unique public-private partnerships. Prior to joining THG, she served as Assistant Administrator for the Office of Solid Waste and Emergency Response (OSWER) at the U.S. Environmental Protection Agency from 2001 to 2004, and Acting EPA Administrator in 2003. Following the events of September 11, Ms. Horinko served at EPA assisting in environmental cleanup activities at Ground Zero, the Pentagon, and the U.S. Capitol due to anthrax contamination. In 2003, she oversaw EPA’s response to the Columbia Space Shuttle Disaster.

    Ms. Horinko is an alumna of the University of Maryland, College Park (B.S. in analytical chemistry) and Georgetown University Law School (J.D.).

  • Beth Pitrolo
    Assistant District Counsel, U.S. Army Corps of Engineers, St. Louis District

    Ms. Beth Pitrolo is the Assistant District Counsel for the St. Louis District of the U. S. Army Corps of Engineers. She has been involved in a variety of environmental programs, including Hurricane Katrina remedial response at the Louisiana Recovery Field Office, Clean Water Act litigation and CERCLA cleanup activities associated with radioactive waste from the Manhattan Project, and is an instructor for the Visitor Assistance PROSPECT course. Ms. Pitrolo was previously an Assistant Attorney General in the Environmental Bureau of the Illinois Attorney General’s Office, where she litigated environmental enforcement and compliance actions brought at the request of various state agencies. She has also been employed as an attorney for a private law firm, managed her own environmental consulting firm in Australia, and worked for the federal government in land use management and regulation.

    Ms. Pitrolo received her Bachelor of Science degree in Forestry and Wildlife Management from West Virginia University, her Master of Science degree in Biological Sciences from Marshall University, and her Juris Doctor degree from the University of Houston.

  • David Evans
    Director, Wetlands Division, U.S. Environmental Protection Agency HQ

    Mr. David Evans has been the Director of the Wetlands Division of EP’s Office of Wetlands, Oceans, and Watersheds (OWOW) in Washington, DC since 2005. Prior to his work in the Wetlands Division, Mr. Evans was Acting Director of Assessment & Watershed Protection Division in OWOW. Beginning in 2002, Mr. Evans served in OSWER’s Office of Emergency Management (OEM) as Director of the Regulation and Policy Development Division. In 2004, he received the fourth bronze medal of his career for his work on the team that successfully resolved industry challenges to the Spill Prevention, Control, and Countermeasure rule. From October 1995 until December 2002, Mr. Evans served as Director of the State, Tribal, and Site Identification Center in OEM. From August 1991 through September 1995, he served as Director of the Program Development and Budget Staff in the Office of Program Management of OEM. Before this, Dave served as a water quality and construction grants analyst for the Office of Comptroller.

    Mr. Evans’s training includes a Master’s Degree in Urban Planning from University of Arizona, and a Bachelor’s Degree in Geography from the State University of New York.

  • Deidre Duncan
    Partner, Hunton & Williams

    Ms. Deidre Duncan represents clients exclusively on environmental, energy and administrative law, with an emphasis on permitting, compliance and litigation regarding the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA) and other environmental statutes. Her experience includes negotiating and obtaining permits for complicated energy and development projects, counseling clients on administrative rulemaking, internal investigations, policy and regulatory clarifications, and drafting federal and state legislation. Her clients come from many of the nation’s key economic sectors, and include development companies, oil and natural gas pipelines, electric utilities, agricultural interests, state and local agencies, and various trade associations. Prior to entering private practice, Ms. Duncan served as Assistant General Counsel of the Army at the Pentagon.

    Ms. Duncan received her law degree from University of Cincinnati College of Law in 1996 and graduated cum laude from Duke University in 1993. She was awarded a Meritorious Service Medal in 2000 and an Army Commendation Medal in 1999.

  • Jon Devine
    Senior Attorney, Water Program, Natural Resources Defense Council

    Mr. Jon Devine is a Senior Attorney and leads the Clean Water Solutions Team within NRDC’s Water Program. His work focuses on water quality and nutrient pollution in the Mississippi River Basin, the legal scope of the Clean Water Act and mountaintop removal mining and its impacts on bodies of water in Appalachia. Mr. Devine worked with NRDC’s health and environment program for four years. Before joining NRDC in 2001, Mr. Devine was an attorney-advisor in the Environmental Protection Agency’s Office of General Counsel. He was a law clerk for Phyllis Kravitch of the U.S. Court of Appeals for the Eleventh Circuit.

    Mr. Devine graduated from Bowdoin College in 1991 and then worked as an environmental specialist in the Maine Department of Environmental Protection. He received his law degree from the Georgetown University Law Center in 1996.

Join Us to Learn About

    • Current state of Clean Water Act regulation from the viewpoint of both the regulated and regulatory communities;


    • Overview of the impact of SWANCC and Rapanos on Clean Water Act jurisdiction;


    • Description and goals of the proposed joint USEPA-USACE rulemaking;


    • Perspective of the regulated community on the impact of jurisdictional uncertainty; and,


  • Future of Clean Water Act regulation from a non-governmental organization’s outlook.

Who Should Attend?

This webinar is intended for water resources professionals, state and federal regulators, industry, legal community, state and local community planners, and NGOs interested in the future of the Clean Water Act.

Wednesday, May 4, 2011
2:15 – 4:00 PM Eastern
Hosted by The Horinko Group’s Water Division

Watch a video recap of this webinar.
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Since the signing of Presidential Executive Order 11988 on Floodplain Management in 1977, many would argue that instead of pursuing floodplain management we have invested in the regulated development of floodplains and paid dearly for it. In fact, it could be further argued that most structural flood risk reduction measures actually have increased flood risk because they have had the unintended consequence of incentivizing further development in flood-prone areas under the promise of protection that levees and subsidized insurance promote.

The business of floodplain management has had its success stories certainly, more so in recent years, but the losses continue to mount at great public cost. Local floodplain development practice has been characterized as “privatize and localize the gains, and socialize and federalize the loss.” All states and hundreds of local governments face mounting challenges with deficient and aging levees, the risks they pose, and requirements to manage those risks with insurance and zoning.

As we enter the second decade of the 21st century the debate continues. At present, much discussion is taking place about the future of the National Flood Insurance Program, identification and management of flood risk associated with levees, the need to restore the ecological function and benefits of floodplains for flood storage, open space, and habitat, and how to change human behavior to put us on a more sustainable and resilient path.

Robert Freitag, author of Floodplain Management, A New Approach for a New Era, calls for a new paradigm for flood management, one that clearly emphasizes cost-effective, long-term success based on working with the natural tendencies of rivers and tidal areas and retreating from harm’s way.

Are we to continue to externalize the costs of local development decisions to the taxpayers nationwide? What is the Federal interest in reducing flood risk? What is the Federal charge to do so? What modifications are needed to the current mix of incentives and disincentives for states and local governments to reduce flood risk? Can we find the political will to return to the spirit and promise of E.O. 11988?

Hear from the Experts

At the local, state, regional, and federal levels, deliberations are ongoing on how best to chart a sustainable path forward. NGOs have joined the discussion and progress is being made to call greater attention to the urgency of this issue, but a collective resolve will be necessary if the effort is to gain political traction in these days of deficit spending and multiple distractions.

In May 2011, The Horinko Group, as part of its 2011 Global Sustainability Webinar Series, will host a panel of thought leaders and practitioners to discuss the status of Flood Risk Management in the United States and the prognosis for moving the effort in a sustainable direction that reduces risk and gradually restores the ecological services performed by our nation’s floodplains.


Panelists include a seasoned line-up of professionals:

    • Sam Riley Medlock (Moderator)Policy Counsel, Association of State Floodplain Managers

      Ms. Sam Riley Medlock, JD, CFM, is Policy Counsel & Partnerships Program Manager for the Association of State Floodplain Managers, serving dual roles for the Association and the ASFPM Foundation to provide leadership in national flood policy initiatives and foster partnerships with allied agencies, organizations, and academia in service to our members and mission. Sam has more than eighteen years of experience in land use law, hazard mitigation, and environmental policy working with stakeholders, regulators, and utilities, as Supervisor of Floodplain Programs for the Lower Colorado River Authority; Director of Planning for Flower Mound, Texas; Environmental Planner with the North Central Texas Council of Governments; and with disaster recovery teams in Guatemala, Honduras, and Nicaragua following Hurricane Mitch. While working with the NCTCOG and LCRA, both FEMA Cooperating Technical Partners, Sam was directly involved in federal flood studies and NFIP mapping activities in rapidly urbanizing areas.

      Ms. Riley Medlock is a Juris Doctor graduate of Vermont Law School, has a Bachelor of Science in Government summa cum laude from Texas Woman’s University, and has been a Certified Floodplain Manager since 2001.


  • Sandra Knight, Deputy Administrator, Federal Insurance and Mitigation, Federal Emergency Management AgencyDr. Sandra Knight assumed her duties as the new Deputy Federal Insurance and Mitigation Administrator for Mitigation at the Federal Emergency Management Agency on January 4, 2010. Dr. Knight provides executive leadership, oversight and supervision for the development and administration of regulations, policies and procedures for the Risk Reduction and Risk Analysis Divisions and Offices of Environmental Planning and Historic Preservation, and Regional and Disaster Support. This includes Floodplain Mapping, Floodplain Management, Hazard Mitigation Assistance Grants, Building Sciences, Mitigation Planning, Dam Safety, the National Earthquake Hazards Reduction Program, and hazardous risk assessment methodologies. Dr. Knight is a member of the Senior Executive Service and comes to FEMA from the National Oceanic and Atmospheric Administration (NOAA), where she served as the Director of the Office of Policy, Planning and Evaluation.

    Dr. Knight received her doctorate in Civil Engineering from the University of Memphis in 1996. She is a registered professional engineer in the state of Tennessee. She has been certified by the American Academy of Water Resource Engineers as a Diplomate, Water Resource Engineer and most recently by the newly formed Academy of Coastal, Ocean, Port & Navigation Engineers (ACOPNE) Board of Trustees as a founding inaugural Diplomate, Navigation Engineering (D.NE).

  • Alex Dornstauder, Deputy Director for Homeland Security, U.S. Army Corps of EngineersMr. Alex Dornstauder assumed duties as the Deputy Director for Homeland Security, Headquarters, U.S. Army Corps of Engineers (USACE) on 24 October 2010. In this role, he serves as the Program Director, Business Line Manager, and Community of Practice Leader for USACE’s Flood Risk Management, Critical Infrastructure and Resiliency, and Emergency Management programs. Mr. Dornstauder’s previous assignment was as the Executive Director for Civil and Emergency Operations at Headquarters, USACE from August 2007 until his retirement from Active Duty in June 2010.

    Mr. Dornstauder served as a commissioned officer in the U. S. Army from 1980 to 2010 after his graduation from the United States Military Academy at West Point. He is also a graduate of the U.S. Army Airborne and Ranger Schools, the Engineer Officer Basic and Advanced Courses, the Combined Arms Service and Staff School, the Command and General Staff College, the School of Advanced Military Studies, and the Naval War College. He holds a Master of Science degree in Civil Engineering from the Massachusetts Institute of Technology, where he is also a doctoral candidate, a Master of Business Administration from the University of Hawaii, a Master of Military Arts and Science from the Advanced Military Studies Program at Fort Leavenworth, and a Master of Arts in National Security and Strategic Studies from the Naval War College.

  • Larry Larson, Executive Director, Association of State Floodplain ManagersMr. Larry Larson is a founding member of Association of State Floodplain Managers, Inc., established in 1977. He was the national Chair from 1979-82 and has volunteered as the Executive Director since 1982 until it became a half-time paid position in February, 1997. As the Executive Director he serves as an agent of the Association in accordance with the directives of the Board of Directors and the guidelines of the Constitution and Bylaws of the Association. His responsibilities include: coordinating the implementation of ASFPM policies and directives set by the Board of Directors, coordinating and communicating with federal agencies, the Administration, and Congressionals involved in floodplain management, communicating and coordinating mutual activities with other professional organizations involved in floodplain management and providing liaison to and seek input from members, chapters, and corporate sponsors.

    Mr. Larson graduated from the University of Wisconsin – Platteville with a B.S. in Civil Engineering. He is a registered Professional Engineer in Wisconsin and California.

  • James Fiedler, President, National Association of Flood and Stormwater Management AgenciesMr. Jim Fiedler has over 30 years of experience in the area of water supply, flood control and watershed stewardship, primarily with the Santa Clara Valley Water District. His management and technical experience includes regional water resources, flood and environmental planning, design, construction, operations and maintenance of water supply and flood protection infrastructure. He is currently Chief Operating Officer for the District’s Water Utility Enterprise. He is responsible for leading Santa Clara’s policy development and program implementation of water importation, surface reservoir operations, groundwater management, raw and treated water delivery, wholesale treated water, water recycling and water conservation. He also serves as the Chair of the San Francisco Estuary Institute, President of the National Association of Flood and Stormwater Management Agencies, and Vice-President of the San Francisco Bay Planning Coalition.

    Mr. Fiedler is a registered Civil Engineer and received his B.S. in Civil Engineering from Loyola Marymount University and an M.S. in Civil Engineering from Stanford University.

  • Andrew Fahlund, Senior Vice President for Conservation, American RiversMr. Andrew Fahlund was appointed Vice President for Conservation for American Rivers in 2004. Leading a staff of 50, his department is responsible for developing, advocating, and implementing innovative policy and science tools to protect and restore healthy rivers and the communities that depend upon them. He and his team are particularly focused on ensuring that both human and natural communities are prepared and resilient in the face of a changing climate. He currently serves as the co-chair of the Clean Water Network’s Global Warming working group and is an advisor to the Johnson Family Foundation’s Freshwater Forum. Previously, Mr. Fahlund directed the organization’s fieldwork and national policy efforts to modify the operation of dams and remove those that no longer make sense. Mr. Fahlund has also focused on water supply policy with a specific emphasis on interstate compacts and water disputes. He has served on several governmental advisory groups, testified before the United States Senate and House of Representatives as well as numerous federal agencies, and participated in various policy forums and negotiations addressing water policy in the United States.

    Mr. Fahlund received his M.S. in Natural Resource Policy from the University of Michigan, School of Natural Resources and Environment with honors. He previously worked as a water conservation advocate in Colorado, a field archaeologist in the Pacific Northwest, and an instructor in human ecology and field archaeology at Colorado College.

Who Should Attend?

This webinar is intended for water resources professionals, local community planners, local officials, state and federal regulators, county floodplain program managers, NGOs interested in the future of floodplain management, political scientist students, and educators.

Join us for this webinar to learn about the:

    • State of the Nation’s vulnerability to flood disasters, as well as an overview of local, state, and Federal roles in floodplain management;


    • Key Federal policy initiatives underway to reduce that vulnerability;


    • Overall benefits of sound floodplain management; and,


  • Perspectives of leading practitioners, program managers, and floodplain management advocates on current efforts to address challenges to more effectively protect natural resource functions of floodplains while reducing the hazards to people and communities.

January 19, 2011
2:15 – 3:45 PM Eastern
Hosted by The Horinko Group’s Water Division

Watch a video recap of this presentation.
Here to download a PDF of this presentation. (15 MB – print quality)

Growing international and domestic destination through water and nature based efforts.


Our nation’s natural water systems continue to emerge as iconic destinations for nature based and heritage tourism. These new tourism focused economies are helping water based cities and communities diversify their economic base while building a richer sense of place for residents. In many cases, tourism provides the financial safety net for communities losing their industrial/manufacturing ways of life.

This webinar highlights efforts currently underway to establish tourism centered on water-based destinations, as well as the potential economic impacts of such efforts. The panel explores the role that federal and state government can have to better assist local communities in marketing their waterside communities within a consolidated, regional approach.


  • Brett Stawar, President/CEO Alton Regional Convention & Visitors Bureau & Chairman of the Meeting of the Great Rivers National Scenic BywayAs President/CEO for a destination marketing organization, Mr. Stawar leads the tourism promotional efforts for the greater Alton, Illinois 13 community service area, just north of St. Louis. In addition, he serves as Chairman for the Meeting of the Great Rivers National Scenic Byway organization, providing tourism development and promotion guidance for the confluence region of the Illinois, Missouri and Mississippi rivers and riverside communities. He brings more than 15 years of strategic planning and marketing communications experience, with a background working for public relations agencies and non-profit organizations.

Featured Speakers

  • Ron Erdmann, Deputy Director, U.S. Department of Commerce, Office of Travel & Tourism IndustriesRon Erdmann is the Deputy Director at the U.S. Department of Commerce, Office of Travel & Tourism Industries (OTTI). Mr. Erdmann is responsible for the oversight and improvement of the Office’s travel and tourism research programs. These programs provide key market intelligence on the volume and characteristics of travelers to and from the United States. He is also responsible for providing clients with technical assistance on how to effectively use research data for the development of international travel market decisions to increase exports.
  • Jan Kostner, Deputy Director of Tourism, Illinois Department of Commerce and Economic Opportunity, Illinois Office of TourismAs Deputy Director of the Illinois Department of Commerce and Economic Opportunity, Office of Tourism (IOT), Jan Kostner spearheads the state’s tourism industry marketing and development efforts, contributing to sustainable and significant economic and quality-of-life benefits for Illinois residents. Her direction has helped Illinois achieve outstanding state tourism visitation records and significant increases in state tax dollars, with nearly 89 million domestic visitors and more than 1.1 million international visitors spending more than $30 billion on transportation, lodging, food, entertainment, recreation and incidentals in 2008.

Join us to learn about:

    • Trends and forecasts for international visitation to the U.S.


    • Ways waterside or nature based tourism destinations and attractions can translate the international forecasts into effective tourism strategies.


    • How states and cities are developing nature based tourism and discussion of water recreation product and promotion.


  • The economic importance of tourism to communities, especially those with unique, safely accessible natural and heritage attractions.


The American Bar Association
Section of Environment, Energy, and Resources, In-House Counsel Committee
Co-sponsored by Section of Litigation, Corporate Counsel Committee

Presents a “Quick Teleconference” program

January 26, 2011
11:00 – 12:30 PM Eastern

Washington, DC (December 27, 2010) – Companies have long been responsible under RCRA and analogous state law to demonstrate adequate financial resources to close hazardous waste facilities, conduct post-closure monitoring, and clean up contaminated properties. Federal and state agencies have also commonly included financial responsibility requirements in CERCLA orders. Historically, these obligations generally have been satisfied through flexible financial instruments, including insurance, self-insurance and parent company guarantees, bonding, and letters of credit, among others. However, recent litigation along with perceived gaps in existing financial responsibility requirements have prompted agencies to consider whether they should increase the use of financial assurance and apply more stringent requirements. As proof of financial assurance to meet environmental obligations is sought more expansively, the costs of demonstrating financial responsibility could materially increase, and may impose financial hardships on many companies with environmental responsibilities. There is also uncertainty on the interplay of these developments and accounting principles.

This program will explore the growing use of financial assurance to address environmental risks, the balance between environmental accountability and regulatory flexibility, and the financial implications to the regulated community.

Key Learning Objectives:

  • Developing regulations and policies
  • Financial implications to regulated entities

Marianne Horinko, The Horinko Group, Washington, DC

Bob Casselberry, Environmental Attorney, U.S. Steel, Pittsburgh, PA

Sheila Deely, Senior Counsel-Environmental, Freeport-McMoRan Copper & Gold Inc., Phoenix, AZ

Ray Leclerc, Assistant Deputy Director, Brownfields and Environmental Restoration Program, California Department of Toxic Substance Controls, Sacramento, CA


Registration has closed at this time.

Austin, TX
Brown McCarroll, L.L.P., 111 Congress Ave., Ste. 1400

Bloomfield Hills, MI
Butzel Long, Stoneridge West 41000 Woodward Ave.

Washington, DC
The Horinko Group, 2300 N Street, NW, Ste. 2130