1 Kai David Midboe Office: (225) Main Street, 20 th Floor Mobile: (225) One American Place Baton Rouge, LA Website: EMPLOYMENT 2014 to Present The Water Institute of the Gulf Director of Policy Research and General Counsel 2008 to 2014 McGlinchey Stafford PLLC Member, Environmental Law and Toxic Tort Section 2003 to 2008 Milling Benson Woodward, L.L.P. Chairman, Environmental Law and Toxic Tort Department 1996 to 2003 Midboe, Guirard, Davis, and Brinsko, L.L.P. Managing Partner 2001 to 2003 President and CEO Environmental Forensics, LLC 1994 to 1996 Special Consultant Walk, Haydel and Associates, Inc. New Orleans, Louisiana 1992 to 1994 Secretary Department of Environmental Quality 1991 Endorsed Republican Candidate Attorney General 1989 to 1991 Gordon, Arata, McCollam & Duplantis New Orleans, Louisiana
2 1988 to 1989 Deputy Secretary Department of Natural Resources 1984 to 1989 Attorney at Law 1984 to 1988 Assistant Attorney General Department of Justice 1980 to 1984 Executive Assistant to Governor David C. Treen for Federal and Environmental Affairs 1977 to 1980 Republican (Minority) Counsel Subcommittee on Coast Guard and Navigation Committee on Merchant Marine and Fisheries United States House of Representatives 1975 to 1977 Attorney at Law Sea Grant Legal Program Louisiana State University 1973 to 1975 Trial Attorney-Admiralty and General Law McCormick, Bedford & Backmeyer Miami, Florida 1970 to 1972 Civilian Attorney-Maritime and International Law Office of Chief Counsel, U.S. Coast Guard Washington, D.C. EDUCATION Law LL.M. (1973) in Ocean Law from University of Miami, School of Law, in cooperation with the Rosenstiel School of Marine and Atmospheric Sciences, Coral Gables, Florida J.D. (1969) in Law from St. John's University, School of Law, New York Undergraduate Recipient B.A. (1966) Institute of International Studies, Bradley University, Peoria, Illinois Special Award from the Louisiana Wildlife Federation for developing the Compromise Plan to save the Atchafalaya Basin (1983) Listed in Best Lawyers in America (Category- Environmental)
3 BAR ADMISSIONS Bars Admitted in: States of Louisiana (1981), Florida (1973) and New York (1969) Admitted before: U.S. Supreme Court, U.S. Court of Appeals (5th Circuit) and U.S. District Courts in Louisiana Member: Louisiana and Florida Bar Associations Notary ORGANIZATIONS Current Memberships Founding and Alumni Member, Environmental Council of States (ECOS) Chairman, American Society of Environmental Science Louisiana State University, Sea Grant Advisory Council Louisiana State University, Sea Grant Legal Program Advisory Council Former Memberships (See End of Resume) AMPLIFIED RESUME KAI DAVID MIDBOE The Water Institute of the Gulf Director of Policy Research and General Counsel The Water Institute of the Gulf was created to provide an independent capability for science and engineering research on water resource issues. Its technical capabilities are being harnessed to help inform and improve the way decisions are made on water resource projects. Importantly, the Water Institute has been uniquely tasked with finding public interest solutions to the water resource issues. Thus, its scientific and engineering research must be coordinated with public policy considerations. To properly inform the public interest, the Water Institute must be aware of the opportunities and limitations implicated by law, policy and political realities. I advise the Water Institute on water policy and act as its General Counsel. McGlinchey Stafford PLLC McGlinchey Stafford is a full service law firm. Served as a Member of the Environmental Law and Toxic Tort Section. The law firm provided comprehensive representation in all federal and state environmental areas, including tort litigation, permitting, government representation, due diligence, environmental management, solid and hazardous waste issues, criminal defense, wetlands and natural resource damage assessments.
4 Milling Benson Woodward, L.L.P. Served as Chair of the Environmental Law and Toxic Tort Department. Represented clients in most areas of environmental law. Midboe, Guirard, Davis, and Brinsko, L.L.P. Midboe, Guirard, Davis, and Brinsko specialized in servicing the chemical, fertilizer, refining, pulp and paper, oil and gas exploration and production, pipeline, maritime, utility, waste management and construction industries on environmental matters. President and CEO Environmental Forensics, LLC Environmental Forensics assisted industry, environmental consultants, and the legal profession in managing and presenting complex scientific information. The company provided toxicological risk assessments (hazard identification, dose-response modeling, exposure assessments, and risk characterizations), provided for risk management and corrective actions, and assisted clients in effectively communicating risks to concerned parties. Special Consultant Walk, Haydel and Associates, Inc. Served as a special consultant to Walk, Haydel and Associates on environmental and governmental affairs issues. Walk, Haydel is a full service engineering and project and construction management firm, with clients in the chemical and petrochemical, petroleum refining, fertilizer, pulp and paper, pipeline, oil and gas production, maritime and utility industries. Secretary, Department of Environmental Quality The Secretary of the Department of Environmental Quality (DEQ) is appointed by the Governor with the advice and consent of the Louisiana Senate. He is the Executive Head and Chief Administrative Officer of the department with responsibility for establishing policy, and the administration, control and operation of all functions, programs and affairs of the department. DEQ is responsible for the administration and enforcement of the environmental laws of Louisiana to ensure a healthy and safe environment. It has jurisdiction over matters pertaining to air quality, water quality, radiation, solid and hazardous waste, and such matters as the legislature places under its jurisdiction.
5 When I was Secretary, DEQ had a budget of $131 million and 957 employees. Its headquarters were in Baton Rouge and there were eight regional offices. Department: DEQ then consisted of the Office of the Secretary (Deputy Secretary, Press Secretary, Governor's DEQ/Agriculture Liaison, technical program support services and administrative hearings); Office of the Undersecretary (accounting and budget control, procurement and contract management, data processing, personnel management and grants management); Office of Air Quality and Radiation Protection (air quality standards and emission control limitations; asbestos, odor, toxic and hazardous air pollution programs; statewide air monitoring network; control of nuclear energy and radiation-emitting processes or facilities); Office of Water Resources (regulation of discharges to surface water and groundwater; effluent standards, water discharge permitting, water quality certification, spill prevention and control, and municipal wastewater facilities revolving loan programs); Office of Solid and Hazardous Waste (regulation of the collection, transportation, processing and disposal of municipal solid waste, non-hazardous industrial waste and medical waste, and the generation, transportation, treatment, storage or disposal of hazardous waste; land ban restriction, recycling and waste reduction, emergency response and underground storage tank programs); and Office of Legal Affairs and Enforcement (legal services and enforcement of environmental laws; the cleanup and closure of inactive and abandoned hazardous waste sites). Candidate for Attorney General Ran unsuccessfully for the office of Louisiana Attorney General. Received the endorsement of the Louisiana Republican Party at the Republican State Convention. Partner, Gordon, Arata, McCollam and Duplantis Represented clients before state and federal courts and agencies on environmental issues. Because of the firm's extensive energy practice, much of the representation concerned wetland permitting, oil field wastes, oil field pit closures, brine disposal, notification of Potential Responsible Party status under CERCLA and naturally occurring radioactive material (NORM). Conducted environmental seminars and advised on environmental audits in commercial transactions. Deputy Secretary, Department of Natural Resources The Deputy Secretary is the second highest executive officer in the Department of Natural Resources (DNR) and shared responsibility for the development of policy and administration of all departmental programs.
6 DNR was responsible for the conservation and management of Louisiana's natural resources, including minerals (oil, gas, sulphur, salt, lignite, potash), state owned lands and waterbottoms and coastal resources. Department: When I was Deputy Secretary, DNR consisted of the Office of Mineral Resources and the State Mineral Board (leasing, auditing and administration of Louisiana's proprietary interest in oil, gas and other mineral resources on 5 million acres of public lands); Office of Conservation (conservation of oil, gas and other mineral resources by establishing geologically sound drilling practices, protect correlative rights, proration and setting allowables, well spacing, and providing for unitization; regulated intrastate oil, gas and carbon dioxide pipelines, the disposal of oilfield wastes and the underground injection of hazardous and nonhazardous wastes) and Office of Management and Budget (fiscal management, including auditing mineral income and production and administration of the Federal Energy Overcharge Program). The Executive Office of the Secretary consisted of the Geological Survey (geological research and mapping); State Lands Division (management of public lands, title records and the non-mineral leasing of, patents, servitudes, and uses of public lands); Office of Coastal Restoration and Management (coastal management, Coastal Use Permit and coastal restoration programs); Technology Assessment Division (technical, economic and statistical analyses); and Office of General Counsel (legal services). Kai David Midboe Attorney at Law Principal areas of concentration were maritime law, commercial law, environmental law, real estate and general practice. Assistant Attorney General, Department of Justice Acted as trial counsel in the Lands and Natural Resources Division. Division responsibilities: legal issues involving public claims to oil, gas and other mineral resources; leasing of public lands and waterbottoms for oil, gas and other mineral resources; title to public lands and waterbottoms; pipeline rights of way and other servitudes on public property; lease, sale or acquisition of public property; personal injuries and property claims concerning public property; boundary disputes; state claims to submerged lands and other outer continental resources; adjudication of vacant successions; protection of archeological sites; and environmental matters. The division acted as legal counsel to the State Mineral Board, Division of State Lands and Department of Environmental Quality.
7 Executive Assistant to the Governor Served as Executive Assistant for Federal and Environmental Affairs to Governor David C. Treen. Advised the Governor on issues involving Congressional legislation, federal programs and agency actions; environmental matters; and navigation and flood control. Assisted Governor Treen in creating the Louisiana Department of Environmental Quality and was assigned to implement the new department. Received a Special Award from the Louisiana Wildlife Federation for developing Governor Treen's compromise plan to save the Atchafalaya Basin. Served as the principal negotiator in the Atchafalaya Basin and Tensas land acquisitions (involving a donation of 54,000 acres and the purchase of over 25,000 acres of land for public use). Counsel, Subcommittee on Coast Guard and Navigation U.S. House of Representatives Employed as Republican Counsel to the Subcommittee on Coast Guard and Navigation of the U.S. House Merchant Marine and Fisheries Committee. Congressman David C. Treen was the Ranking Republican Member of the Subcommittee. Provided legal counsel to Republican members of the Subcommittee and full Merchant Marine and Fisheries Committee during legislative oversight hearings, in the drafting and analysis of legislation, during hearings on legislation, and in the drafting and analysis of amendments to legislation. Provided legal counsel to the Republican Floor Leader during consideration of Subcommittee legislation before the House of Representatives and in any subsequent House-Senate Conference. In addition, I assisted Congressman Treen on other legislation before the Merchant Marine and Fisheries Committee. Handled Congressman Treen's successful effort to enact the Small Commercial Vessel Inspection and Manning Act (P.L ) which rewrote the Coast Guard's inspection, licensing and manning requirements for offshore oil and gas marine service vessels. Attorney, Sea Grant Legal Program Louisiana State University The Sea Grant Legal Program studied legal problems concerning ocean, maritime and coastal law. I had responsibility for researching and advising on projects, coordination of law student research assistants, and budget control. My principal projects were: 1. "Site Selection for Port, Waterway and Pipeline Development in Coastal Louisiana: Legal, Institutional and Policy Aspects." Funded by Sea Grant Program.
8 2. "Coastal Management Program Development in Louisiana." Funded under the Coastal Zone Management Act of 1972 through a contract with the State Planning Office. This project resulted in the drafting of the "Louisiana State and Local Coastal Resources Management Act" (R.S. 49:213.1 et seq.); 3. "Comparison of Coastal Wetlands Management Programs in France, the Netherlands, England and the United States." Funded by the Ford Foundation; and 4. "Outer Continental Shelf Related Activity Land Use Development Controls: LaFourche Parish Case Study." Funded under the Coastal Zone Management Act of 1972 through a contract with the State Planning Office. I represented the in Congressional Hearings on development of the federal Coastal Energy Impact Program (P.L ) which provided compensation to states for the onshore impacts of offshore federal oil and gas development. Was a contributing editor to "Louisiana Coastal Law" ( ). McCormick, Bedford and Backmeyer Specialized in admiralty law and general practice. Principal cases involved collision, salvage, maritime liens and maritime personal injury claims. Attorney, Maritime and International Law Division United States Coast Guard Provided legal counsel to officials in Coast Guard Headquarters and the District Offices regarding the Coast Guard's responsibilities under maritime and international law. Former Memberships As Secretary of the Louisiana Department of Environmental Quality ( ): Chairman, Governor's Task Force on Environmental Quality Chairman Policy Committee, Barataria-Terrebonne National Estuary Program (EPA) Board of Directors, Lake Pontchartrain Basin Foundation Policy Review Board, Gulf of Mexico Program (EPA) Coastal America, Regional Implementation Team (Federal) Advisory Council, Center for Coastal, Energy, and Environmental Resources (LSU) Louisiana Service Commission Louisiana Natural Gas Marketing Commission Governor's Military Advisory Commission Louisiana Resource Recovery and Development Authority Governor's Commission on the Capitol Lakes Rehabilitation Loyola College of Business Administration, International Business Advisory Board
9 Other memberships: Steering Committee and Annual Moderator, Environmental Regulatory Compliance Conference (ERCC) ( ) Hearing Committee, Louisiana Attorney Disciplinary Board, Louisiana Supreme Court ( ) Advisory Board Member, Clean Gulf Conference and Exhibition ( ) Transition Team for the Louisiana Department of Environmental Quality, Governor Mike Foster (1995) General Counsel, Shipyard Association for Environmental Responsibility (SAFER) ( ) Chairman, Little Pecan Island Alliance ( ) Lake Pontchartrain Basin Foundation, Chairman Corporate Fundraising ( ) General Counsel, Louisiana Association of Independent Producers and Royalty Owner (LAIPRO) ( ) Mid-Continent Oil and Gas Association (Environmental Conservation Committee) ( ) Louisiana Association of Business and Industry (Environmental Council) ( ) Interstate Oil Compact Commission (Environmental Affairs Committee) ( ) Louisiana Wetlands Conservation and Restoration Task Force ( , ) Governor's Coastal Restoration Policy Committee ( ) Advisor, Governor's Commission on Louisiana Energy Policy ( ) U.S. Coast Guard Towing Safety Advisory Committee ( ) Sea Grant Advisory Committee (LSU) ( ) Governor's Task Force on Deep Draft Vessel Access to Lower Mississippi River ( ) Governor's Task Force on Environmental Health ( ) National Governor's Association, Committee on Transportation, Commerce, and Technology ( ) National Governor's Association, Committee on Natural Resources and Environment ( ) Coastal State's Organization ( ) Secretary Pro Tem, Louisiana Department of Environmental Quality (to determine application for commercial hazardous waste incineration permit) (1988)