In recent years, both federal and state agencies have shown increasing support for the development of small hydropower and hydrokinetic energy projects. Many technology companies are taking advantage of the U.S. Department of Energy grants and similar financial incentives to develop the first wave of commercial-scale projects in the United States. This seminar will focus on two key areas of project development: (1) permitting and licensing issues including the impact of Tribal treaty rights and coastal and marine spatial planning and (2) strategies for developing compliance regimes when environmental impacts are unknown or speculative. Order today!

1. Licensing and Permitting
2. How Treaty Rights Can Affect Licensing
3. Environmental Compliance Strategies
4. Advising on Liability Issues

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

1. LICENSING AND PERMITTING
   1. FERC Hydropower Licensing
      1. Conditional Licenses
      2. Pilot-Project License Process
   2. Endangered Species Act, Section 7
   3. Coastal Zone Management Act & Clean Water Act, Section 401 Certifications
   4. National Historic Preservation Act, Section 106
   5. Army Corps of Engineers
   6. Marine Mammal Protection Act
   7. Coastal and Marine Spatial Planning
   8. Outer Continental Shelf Projects
2. HOW TREATY RIGHTS CAN AFFECT LICENSING
   1. On-Reservation Projects and Impacts
   2. Off-Reservation Treaty Right Impacts and Considerations
   3. FERC and Other Federal Agency Consultations with Tribes
3. ENVIRONMENTAL COMPLIANCE STRATEGIES
   1. Settlement Agreements
4. ADVISING ON LIABILITY ISSUES
   1. Adaptive Management Frameworks

CHAD T. MARRIOTT is an attorney at Stoel Rives LLP, in Portland, Oregon, where he is an associate in the Energy and Telecommunications Group. Mr. Marriott is involved with both renewable energy and traditional energy project development. He works with clients in the wind, solar, hydroelectric, wave and tidal, and natural gas industries on a variety of matters ranging from real estate and transmission cost allocation issues for wind development to permitting and licensing issues for new hydropower and hydrokinetic projects under Part 1 of the Federal Power Act. Mr. Marriott is currently serving as a vice chair for the Hydro Power Committee of the American Bar Association's Section on Environment, Energy, and Resources and he is also a board member of the Ocean Renewable Energy Coalition (OREC). Prior to joining Stoel Rives, he was a consultant with Pacific Energy Ventures, LLC, where he advised on siting and regulatory issues related to wave energy and tidal energy project development and contributed to the Siting Methodologies for Hydrokinetics handbook published on behalf of the U.S. Department of Energy in 2009. He earned his B.A. degree, with honors, from the University of Utah, his M.S. degree from Indiana University and his J.D. degree from the University of Oregon School of Law. Mr. Marriott lectured on "Permitting and Planning Challenges for Renewable Projects - New Hydro Technologies," for the Oregon Law Institute Green Business Law conference on June 11, 2010. He is a member of the Oregon State Bar Energy & Public Utility Law Section and Environment & Natural Resources Section and the Multnomah County Bar Association.

MICHAEL P. O'CONNELL is a partner in the law firm of Stoel Rives LLP, where his practice focuses on energy, environmental and Indian law. Mr. O'Connell assists clients with permitting for energy generation and other major products, Federal Power Act licensing and litigation. In these matters, he assists clients with NEPA reviews, endangered species consultations, 401 water quality certifications, wetlands permitting and mitigation, stormwater permitting, coastal zone management consistency determinations, cultural resources and historic properties protection and water right matters. Mr. O'Connell draws upon more than 30 years of experience in Indian law to assist clients on a broad array of matters, including hydroelectric projects located outside and on Indian reservations, permitting and operation of projects affecting tribal interests, treaty and executive order fishing right and ceded lands issues, real estate transactions including leases and rights of ways, taxation, employment, negotiating waivers of tribal sovereign immunity, settlements, risk assessments and litigation. He earned his B.A. degree in political science from Brockport State College and his J.D. degree from the University of Denver College of Law where he was editor-in-chief of the Denver Law Journal. Mr. O'Connell is a member of the Board of Directors for Ocean Renewable Energy Coalition and the editor of the Washington State Bar Association Environmental & Land Use newsletter. He is listed in Best Lawyers in America (2007-2010) and past chair of the Indian Law Section of the Washington State Bar Association. Mr. O'Connell is also past chair of the Native American Resources Committee, Section on Natural Resources, Energy and Environmental Law of the American Bar Association and former vice chair of the Hydro Committee, Section on Energy, Environment and Resources of the American Bar Association.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com