Law Seminars International: The New EPA-USDA Water Quality Trading Agreement

  • by BPC Staff
  • on December 18, 2013

Law Seminars International Presents: Call from Anywhere for a One-Hour Expert Analysis by Phone on

The New EPA-USDA Water Quality Trading Agreement
Implications of the new EPA/USDA Partnership Agreement

December 18, 2013
Call in from Anywhere!
12-1 pm Pacific / 3-4 pm Eastern

Who Should Call In

Private and in-house attorneys, corporate and non-profit executives, state and county government officials, and anyone interested in market-based approaches to environmental compliance

Why You Should Call In

The Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA) signed a new “Partnership Agreement” on December 3, 2013 to better support Water-Quality Trading (WQT). WQT allows a regulated entity (such as an industrial point source) to purchase and use pollutant-reduction-credits generated by other source (such as a farm implementing voluntary measures), achieving an overall reduction of pollutants in a more cost-effective matter and more efficiently achieving the objectives of the Clean Water Act. The Partnership Agreement has the potential to expand the use of WQT by enhancing communication and coordination with various stakeholders, developing better tools and resources to reduce the barriers to forming and expanding WQT programs, and improving policies to foster this promising approach to improved water quality.


This one-hour TeleBriefing features experienced environmental practitioner Brent Carson (Van Ness Feldman GordonDerr LLP, Seattle) as moderator along with Nathan Gardner-Andrews (National Association of Clean Water Agencies) and Jessica Fox (Electric Power Research Institute), both nationally recognized thought leaders on water quality trading programs. These experts will review prior efforts by EPA and USDA to promote WQT programs, lessons learned in implementing WQT programs and the opportunities presented by the new EPA-USDA Partnership Agreement.

What You Will Learn

  • Background of Water Quality Trading
  • Practical information on the formation and expansion of WQT programs
  • Policies and prior program initiatives by EPA and USDA
  • The opportunities and limitations of the new EPA-USDA Partnership Agreement

What Attendees Have Said About Similar Programs

  • ” Thank you for the seminar, I thought that the topic was interesting, important and well presented. The speakers were very good presenters, and knew their topic well. I would attend more of these. Good means very good.”
  • ” Well done with high quality and efficiency.”
  • ” Very informative and timely topic. Thank you. I appreciated that the speakers challenged each other and responded to each other’s perspectives.”


Wednesday, December 18, 2013

12:00 pm

The New EPA-USDA Water Quality Trading Agreement

Introduction and overview

Brent R. Carson, Esq., Moderator, Partner
Van Ness Feldman, LLP / Seattle, WA

Point-source community perspective; nutrient trading and litigation

Nathan Gardner-Andrews, Esq., General Counsel
National Association of Clean Water Agencies / Washington, DC

How the new Partnership Agreement can bring in terms of expanded use/clarify/etc. for Water Quality Trading; explanation of the policy; non-point source and agricultural community perspective

Jessica Fox, Program Manager
Electric Power Research Institute, Inc. / Palo Alto, CA

1:00 pm

Q & A (for up to 30 minutes)



Individual rate: $150

Group rate: $100 per person attending on the same line

Financial aid is available to those who qualify. Contact our office for more information.

Continuing Education Credits

This TeleBriefing qualifies for 1.0 Washington CLE credits. For CLE credits in other states:


We will apply for credits in the following states: AK, AL, AZ, AR, CA, CT, GA, IA, ID, IL, IN, KS, KY, LA, ME, MN, MO, MS, NC, ND, NE, NH, NM, NV, NY (experienced attorneys only), OK, OR, PA, RI, SC, TN, TX, UT, VA, VT, WI, WV, and WY.


You can self-report for credits in: CO, DE, FL, HI, MT, and NJ.


CLE credits currently are not available in: DC, MA, MD, MI, OH, or SD.


If you need other types of credits, please call us at (206) 567-4490.

Call In Info

The dial-in number and a link to the materials will be emailed to you the day before the TeleBriefing. All orders are processed within one business day of receipt.

If You Cannot Dial In

An entire audio recording and the written materials are available for $150. You may choose to receive the files via email, on a CD or on a flash drive. Programs are available 48 hours after the TeleBriefing or from the date we receive payment. CD and flashdrive orders are sent via First Class mail within two business days after the TeleBriefing or from the date we receive payment.
Order Homestudy

Cancellation & Substitution

You may substitute another person at any time or receive a recording of the program (see If You Cannot Attend).

Our Distinguished Panel

Brent R. Carson, partner at Van Ness Feldman, LLP, provides strategic advice and critical support to clients with complex environmental, land development and real property issues. He has in-depth knowledge of the local, state and federal land use and environmental entitlements process including NPDES permitting, wetlands and in-water construction permits, mitigation banks, endangered species consultation, and NEPA compliance. His litigation practice includes defense of land use and environmental permits and resolution of enforcement actions before local, state and federal administrative tribunals and in court. His transactions work includes development agreements, conservation easements, and multi-party mitigation agreements. Mr. Carson is listed in Chambers USA, Best Lawyers in America, and Super Lawyers.

Jessica Fox is a Program Manager at the Electric Power Research Institute (EPRI), where she leads efforts on water quality trading, ecosystem services, sustainability and related work. Ms. Fox is a thought leader on environmental credit stacking, water quality trading, and species conservation banking. Ms. Fox created and manages the EPRI Ohio River Basin Water Quality Trading Project, which is the world’s first interstate trading program for nutrients. Ms. Fox also leads EPRI’s Energy Sustainability Interest Group, a collaborative forum for electric power company sustainability managers to strategically advance critical issues related to the sustainable generation and distribution of electricity; this effort includes over 40 electric utilities and is the largest collective group in the industry addressing sustainability.

Nathan Gardner-Andrews, general counsel to the National Association of Clean Water Agencies advises the association and its municipal clean water utility members on a variety of legal, regulatory, legislative, and policy matters. Additionally, he oversees the association’s litigation portfolio, including a number of federal legal cases involving water quality trading issues. He has written articles and spoken nationally addressing clean water and water quality trading developments.