See the latest news and updates from the Environmental and Energy Law Program!

Spring Newsletter 2023

This semester, the Environmental and Energy Law program presented a full slate of programs on a wide range of cutting-edge topics, including the annual Shapiro Environmental Law Symposium. This newsletter recaps those events for those who missed them. It also reviews other program highlights and faculty and student achievements in environmental and energy law.

PROGRAM NEWS

The 2023 J.B. & Maurice C. Shapiro Environmental Law Symposium

On April 6-7, 2023, the Environmental and Energy Law Program hosted the 2023 J.B. & Maurice C. Shapiro Environmental Law Symposium, Conserving Our Nation’s Biodiversity: Progress, Obstacles, and Solutions for America’s 30 by 30 Initiative. The symposium was co-hosted with the Environmental Law Institute, the University of Oregon Environmental and Natural Resources Law Center, and Wildlands Network. Attendees heard from a diverse group of panelists ranging from agency experts, NGOs, and academics, to community leaders, authors, and scientists. Speakers and attendees worked together to identify ways to advance U.S. environmental laws and policies in an effort to conserve 30 percent of the nation’s lands and waters by 2030 (based on the Biden administration’s America the Beautiful initiative and other sub-national 30 by 30 initiatives). A summary of the findings of the symposium’s report-out will be included in our summer 2023 newsletter.

The first day of the symposium consisted of three panel discussions. The first panel, “State of the Agencies Panel on the Biden Administration’s America the Beautiful Initiative,” focused on federal agency efforts to advance 30 by 30 goals, such as engaging stakeholders in conversations, promulgating rules on land and water conservation, providing funding to local communities, and utilizing existing statutory mandates in creative ways to promote conservation. The second panel, “States and Communities Address 30 by 30 on the Ground,” addressed the environmental and social injustice dimensions of conservation and the importance of community engagement and outreach in seeking to fulfill 30 by 30 objectives. The final panel, “Advancing and Expanding an American 30 by 30,” addressed the need for a clear definition of what counts as “conservation” in 30 by 30 efforts, the critical co-management role of Native American communities in the management and conservation of public lands, and how freshwater protection must be included in 30 by 30 goals. In addition to the panels, Tony Hiss, author of Rescuing the Planet, delivered the symposium’s keynote lecture. His inspiring and informative lecture, “Keeping it Alive,” addressed the importance of making a positive and more permanent impact on our lands and waters and how, in order to protect and support a 30 percent conservation goal, we must have a healthy 70 percent.

Day two kicked off with a presentation on the new High Seas Treaty, also known as the Biodiversity Beyond National Jurisdiction Agreement (BBNJ). The High Seas Treaty, which took nearly two decades to negotiate, addresses biodiversity on the high seas and sets the framework for instruments of marine protection and environmental impact assessment. Attendees then brainstormed and workshopped novel ideas for conserving and protecting U.S. lands and waters in line with 30 by 30. The symposium closed with a presentation on the need for the 30 by 30 initiative by Chief Scientist at the Wildlands Network Ron Sutherland and a summary of symposium take-aways by Professor Rob Glicksman. Drawn from the panels and workshop session, Professor Glicksman identified seven categories of actions that should be promoted to realize the 30 by 30 goals: (1) integrating concepts of international law into U.S. conservation programs, like additionality, connectivity, and tying conservation boundaries to ecosystem functioning; (2) leveraging innovative uses of existing laws, such as the Endangered Species Act, the Clean Water Act, and the organic statutes for agencies, such as the Bureau of Land Management and the National Parks Service; (3) changing existing laws; (4) adopting good conservation practices, especially in agriculture; (5) using funding mechanisms to prompt conservation, like attaching conditions to grants in the form of real covenants; (6) creating new institutions, like a monitoring program for the 30 by 30 initiatives; and (7) generating a culture shift and spreading education about conservation, potentially in scholarships, internships, and wider access to environmental films. For additional information on the 2023 Shapiro Symposium, visit the Shapiro Symposium event page and the Report Out YouTube Video.

GW Law Team Advances to Semifinals of North American Regional Rounds of International Environmental Moot Court Competition

Congratulations to Kelly Davis, JD ’23, and Danielle Cossey, JD ’23, for their impressive performance in the North American Regional Rounds of the International Environmental Moot Court Competition on February 3-4, 2023. The competition was hosted by the University of Illinois Chicago and was conducted online. The team was coached by Randall Abate, Assistant Dean for Environmental Law Studies.

Davis and Cossey advanced to the semifinals after three rounds of arguments on February 3 against strong teams from the University of Mississippi, the University of Hawaii, and the University of Miami. On February 4, Davis and Cossey lost a closely contested round against the University of Miami team in the semifinals. Miami went on to defeat William and Mary in the finals to be declared the regional champion.

The team prepared for four weeks in practice argument rounds before GW Law faculty, alumni, and students. Special thanks to Professors Sean Murphy, Leah Calabro, and Andrew Schatz; alumni Taylor Kilpatrick, Andrew Ruskin, Austin Himes, Shahrzad Majdameli (LLM), and Tabby Zeb (LLM); and students Holden Fitzgerald, Aashini Choksi, and James Crisafulli.

EVENTS

Watch the GW Law Environmental and Energy events page for more details and registration information.

Past Events

Climate Justice for Latin American Indigenous Peoples

April 3, 2023

A distinguished panel of experts discussed threats to Latin American indigenous peoples from climate change impacts and inadequate substantive and procedural safeguards to protect their human rights. The hybrid event was moderated by Assistant Dean Abate.

Gabriela Alencastro, a human rights attorney in Ecuador with an environmental governance specialization, addressed the Inter-American Human Rights System’s jurisprudence on indigenous peoples’ displacement challenges generally and how climate change is a daunting threat and source of displacement challenges for Latin American indigenous communities. Carla Cardenas, Senior Manager and Climate Policy Advisor with the Forest Trends Association based in Washington, D.C., discussed carbon credits and their impacts on Latin American indigenous peoples’ livelihoods and rights, and how free, prior, and informed consent provides some protection of indigenous communities’ rights in the face of these challenges. Upasana Khatri, Senior Attorney at the Center for International Environmental Law’s Washington, D.C. office, addressed climate resilience challenges associated with natural resource extraction projects and efforts to enhance procedural protections for indigenous communities in decision-making processes. She provided a case study in Colombia to illustrate these challenges.

Collaborative Conversations: Talking About Sustainable Fuels to Students, Investors, and the Public

March 30, 2023

Experts, students, and other interested participants convened to discuss the myths, truths, and challenges related to communications about sustainable biofuels in this informative session moderated by alumna Joanne Ivancic, JD ’87, Executive Director of Advanced Biofuels USA. Fuels that can be produced from agricultural waste, algae, and other non-food sources provide the opportunity to recycle carbon in ways that do not compete with food supplies and help meet energy needs that cannot be met with electrification. Yet, biofuels have not attracted the same interest as electrification, and the public understanding of what they are and how they can be used remains blurry. To understand more, watch this Conversation on YouTube.

Vietnamese Delegation Visit

March 29, 2023

Dean Dayna Bowen Matthew and members of the Environmental and Energy Law Program had the honor of meeting with a delegation from the Ministry of Natural Resources and the Environment of the Socialist Republic of Vietnam. The meeting involved sharing ideas on the U.S. experience with climate change regulation efforts under the Clean Air Act and Inflation Reduction Act (Professor Robert Glicksman), carbon trading markets (Professorial Lecturer in Law Andrew Schatz), and renewable energy initiatives (Assistant Dean Donna Attanasio) and how they may help Vietnam deliver on its COP26 commitments. Alumna Hai Anh Tran (LLM ’22) was instrumental in arranging the meeting.

Mayah’s Lot: Building the Next Generation of Environmental Leaders

March 27, 2023

Professor Rebecca Bratspies, author of the Environmental Justice Chronicles, described how Mayah’s Lot, the first in the series, began. Professor Bratspies explained how Mayah’s Lot has been used to teach basic civics, build environmental justice awareness, turn environmental knowledge into social advocacy, and cultivate a new generation of environmental leaders. A panel of experts, including Vice Provost Emily Hammond, Professor Saniya LeBlanc, and Professor Monica Sanders, then offered their reactions from the perspectives of law, urban policy, public health, and energy equity policy. Assistant Dean Abate moderated the session. View the lecture and panel in this YouTube Video.

Investable Nuclear Energy: The Tough Questions

March 22, 2023

In this webinar moderated by Professorial Lecturer in Law R. Budd Haemer, the panelists explored the challenges of funding new nuclear energy investments. Panelists included alumna Wendy Simon-Pearson, JD ’18, Associate Attorney at McCarter & English. The webinar can be viewed on YouTube.

Climate Change Cross-border Migration and the Biden Administration: What the Future Holds?

March 22, 2023

Professor Chhaya Bhardwaj of Jindal Global Law School in Sonepat, India delivered an online lecture, “Climate Change Cross-border Migration and the Biden Administration: What the Future Holds?” Professor Bhardwaj’s presentation was based on her recently published article that addresses the impact of the Biden administration’s 2021 report on climate migration. She discussed how U.S. domestic laws fail to protect people of all nationalities fleeing environmental difficulties. Professor Bhardwaj proposed that existing provisions of U.S. immigration law may be applied to protect such cross-border migrants. These laws, however, have not been applied equally to vulnerable global communities.

The Environmental and Energy Law Program and the International and Comparative Law Program are proud to co-host Professor Bhardwaj as a virtual visiting scholar in 2023-24. She will continue her research on transboundary climate change displacement and migration during summer 2023 and will be a co-author of an article with Assistant Dean Abate addressing a comparative analysis of legal frameworks in the United States and India to protect climate refugees.

Investable Sustainable Aviation Fuels

March 7, 2023

This half-day conference explored the use and growth of Sustainable Aviation Fuels (SAF). Keynote speaker Kevin Walsh, Executive Director for Environment and Energy, Federal Aviation Administration, explained the importance of SAF to meeting the aviation sector’s contribution to a net-zero carbon goal by 2050. That goal is shared by the United States and the 193-member International Civil Aviation Organization. The aviation industry contributes about 2 to 3 percent of U.S. greenhouse gas emissions, and the vast majority of that comes from the use of jet fuel. Biofuels offer a “drop-in” alternative for jet fuel for use in existing equipment that is already meeting safety and performance standards. The challenge is to ensure that production and uptake accelerate. The speakers who followed explained the progress being made in civil and military uptake of SAF; investor’s views of the promises and limitations in this sector; and the policy, regulatory, and economic hurdles that must still be overcome to realize the sector’s ambitious goals. Moderators and panelists included Professorial Lecturer in Law David Woodworth, JD ’98, LLM ’22; Joanne Ivancic, JD ’87, Executive Director of Advanced Biofuels USA; and Alex Menotti, JD ’07, Vice President, Government Affairs, Policy, and Sustainability at LanzaJet.

Collaborative Conversations: Is the Hydrogen Economy Here?

February 21, 2023

A group of experts, students, and other interested participants met for a roundtable discussion about the future of the hydrogen economy. The conversation was organized and moderated by alumnus Brandon Farris, JD ’11. Participants voiced perspectives informed by their work for utilities and manufacturing industries, industry groups, early adopters of hydrogen technologies, in academia, and on Capitol Hill. The summary of the conversation covers a wide range of topics. From opportunities for growth and warnings about potential pitfalls to trade implications and environmental justice concerns, this discussion illustrated the breadth of the transformation at hand and the measures that are still needed to realize the full potential of hydrogen.

Energy Connectors Social Hour

February 15, 2023

The Environmental and Energy Law Program hosted students, alumni, and faculty for an evening of networking. Students were introduced to various facets of energy law at GW Law while networking with alumni in the field. The reception also featured welcome remarks by Assistant Dean Randall Abate, energy law alumni, and Toby Davidow of the Alumni Relations Office. Thank you to all who joined us and we look forward to welcoming members of the GW Law community at future Energy Connector Social Hours!

PEOPLE NEWS

Professor Robert Glicksman and Jarryd Page’s, JD '20, article “Adaptive Management and NEPA: How to Reconcile Predictive Assessment in the Face of Uncertainty with Natural Resource Management Flexibility” was selected in the annual competition by the Land Use & Environment Law Review as one of the 15 best articles on environmental law published last year. Their article was also cited positively in Ohio Envtl. Council v. U.S. Forest Serv., 2023 WL 2712454 (S.D. Ohio 2023). The article is available here.
Alumni on the move: Wendy Simon-Pearson, JD ’18, is now with McCarter & English. Abraham Silverman, JD ’01, is now with Columbia University’s Center on Global Energy as the Managing Director, Non-Technical Barriers to the Clean Energy Transition. Garrett Henderson, JD ’16, is now Legal Adviser, OECD Nuclear Energy Agency.
Joseph Schilling, LLM ’95, will resume his position as a Professorial Lecturer in Law at GW Law this fall, teaching Sustainable Communities Law and Policy Seminar.
Caitlin McCoy, LLM ’18 and former Environmental Law Fellow in the program, was a featured speaker at the University of Houston Law Center’s event on Environmental Enforcement and Environmental Justice in North America. McCoy currently serves as the Legal Officer in the Legal Affairs and SEM Unit at the Commission for Environmental Cooperation.

SCHOLARSHIP NEWS

Publications and Presentations of Environmental and Energy Law Faculty, Deans, and Affiliates

Randall Abate, Assistant Dean for Environmental Law Studies

Presentations & Panels

Moderator, The 2023 J.B. and Maurice C. Shapiro Environmental Law Symposium (Washington, D.C., Apr. 6-7. 2023)
Moderator, Climate Justice for Latin American Indigenous Peoples Panel (Washington, D.C., Apr. 3, 2023)
Panelist, “Climate-Induced Displacement and Migration,” Sustainable Development Law and Policy Brief Annual Symposium, American University Washington College of Law (Washington, D.C., Mar. 30, 2023)
Moderator, Mayah’s Lot: Building the Next Generation of Environmental Leaders, GW Law (Washington, D.C., Mar. 27, 2023)
Discussant, Animals and the Anthropocene: A Legal Scholarship Symposium, GW Law (Washington, D.C., Mar. 24, 2023)
Moderator, Climate Change Cross-border Migration and the Biden Administration: What the Future Holds?, GW Law (online) (Mar. 22, 2023)
Lecturer, “Animal Law and Environmental Law: Parallels and Synergies,” Nova Southeastern University School of Law (Ft. Lauderdale, FL, Mar. 15, 2023)
Lecturer, “The Plight of Climate Refugees: Rising Seas, Melting Ice, and Inadequate Legal Protections,” St. Thomas University College of Law (Miami, Gardens, FL, Mar. 14, 2023)
Lecturer, “The Plight of Climate Refugees: Rising Seas, Melting Ice, and Inadequate Legal Protections,” Gujarat Maritime University Academy on Climate Change, Marine Biodiversity and Sustainable Shipping (online) (Gujarat, India, Mar. 14, 2023)
Presenter, “Climate Washing, Corporate Accountability, and Human Rights,” You Are What You Eat – Or So You Think: The Legal Impact of Humane, Green, and Climate-Friendly Product Advertising, Illinois State Bar Association Animal Law Section CLE Program (Chicago, IL, Mar. 10, 2023)
Lecturer, “Animal Law and Environmental Law: Parallels and Synergies,” DePaul University College of Law (Chicago, IL, Mar. 9, 2023)
Lecturer, “Animal Law and Environmental Law: Parallels and Synergies,” The Future of Innovation, Sustainability, and the Law Speaker Series, Northwestern University School of Law (Chicago, IL, Mar. 8, 2023)
Lecturer, “Climate Change and the Voiceless: Protection of Future Generations, Wildlife, and Natural Resources,” Fordham University School of Law (New York, NY, Mar. 6, 2023)
Lecturer, “The Plight of Climate Refugees: Rising Seas, Melting Ice, and Inadequate Legal Protections,” St. John’s University School of Law (New York, NY, Mar. 6, 2023)
Lecturer, “The Plight of Climate Refugees: Rising Seas, Melting Ice, and Inadequate Legal Protections,” Sai University (online) (Chennai, India, Mar. 6, 2023)
Keynote Lecturer, “Voice to the Voiceless: Protecting Biodiversity, Wildlife, and Natural Resources for Future Generations,” 4th Conference of the Association of Environmental Law Lecturers in Middle East and North Africa Universities (ASSELLMU), University of Jordan Faculty of Law (Amman, Jordan, Feb. 27-28, 2023)
Lecturer, “Standing in Global Climate Litigation,” University of Birmingham Law School Dubai (Dubai, United Arab Emirates, Feb. 23, 2023)
Lecturer, “Climate Washing, Corporate Accountability, and Human Rights,” American University of Central Asia (online) (Bishkek, Kyrgyz Republic, Feb. 21, 2023)
Speaker, “Lessons from Climate Litigation to Enhance Protection of the Marine Environment,” William and Mary Environmental Law and Policy Review Symposium (online) (Feb. 17, 2023)
Lecturer, “Climate Washing, Corporate Accountability, and Human Rights,” William and Mary School of Law (Williamsburg, VA, Feb. 8, 2023)
Lecturer, “Animal Law and Environmental Law: Parallels and Synergies,” Program on Environmental and Energy Law Lunch Lecture Series, American University Washington College of Law (Washington, D.C., Jan. 26, 2023)
Lecturer, “Climate Change and the Protection of Future Generations: Can the Courts Save the Kids?” The American Inn of Court of Southern Maryland (Brandywine, MD, Jan. 24, 2023)
Lecturer, “Anthropocene Accountability Litigation: Confronting Common Enemies to Promote a Just Transition,” EEMI Distinguished Lecture Series, GW (Washington, D.C., Jan. 19, 2023)
Lecturer, “The Plight of Climate Refugees: Rising Seas, Melting Ice, and Inadequate Legal Protections,” hosted by Environmental and Energy Law Students Association, GW Law (Washington, D.C., Jan. 18, 2023)

Robert Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law

Textbook

Environmental Protection: Law and Policy (9th ed. Aspen Pub. 2023) (with W. Buzbee, D. Mandelker, E. Hammond & A. Camacho)
Public Natural Resources Law (Release # 46)

Articles and Publications

How to Reform Federal Permitting to Accelerate Clean Energy Infrastructure: A Nonpartisan Way Forward, Brookings (Feb. 14, 2023) (with Rayan Sud and Sanjay Patnaik)
Adjudicating the Future of Agency Adjudication, 48 Admin. & Regulatory L. News 5 (fall 2022) (with R. Levy) (published Jan. 12, 2023)
Fixing What’s Wrong with Environmental Enforcement, Notice & Comment (Jan. 12, 2023)
Protecting the Public Health with the Inflation Reduction Act — Provisions Affecting Climate Change and Its Health Effects, 388 New England J. Med. 84 (Jan. 5, 2023)
Adaptive Management and NEPA: How to Reconcile Predictive Assessment in the Face of Uncertainty with Natural Resource Management Flexibility and Success, 46 Harv. Env’t L. Rev. 121 (2022) (with J. Page) (cited in Ohio Env’t Council v. U.S. Forest Serv., 2023 WL 2712454 (S.D. Ohio 2023)

Presentations & Panels

Presenter, “Climate Mitigation Regulation in the U.S.,” Presentation to the Vietnamese Ministry of the Environment (Washington, D.C., Mar. 29, 2023)
Guest Lecturer, “The New Separation of Powers Formalism and Administrative Adjudication,” Duke University School of Law class on The Administrative State in Crisis (online) (Feb. 27, 2023)

Emily Hammond, Vice Provost for Faculty Affairs; Glen Earl Weston Research Professor

Textbook

Environmental Protection: Law and Policy (9th ed. Aspen Pub. 2023) (with R. Glicksman, W. Buzbee, D. Mandelker & A. Camacho)

Presentations and Panels

Panelist, “Power to the People: Advancing Energy Equity in North Carolina and Beyond,” Center for Progressive Reform (online)(Mar. 30, 2023)
Panelist, Mayah’s Lot: Building the Next Generation of Environmental Leaders GW Law (Washington, D.C., Mar. 27, 2023)

Media and Congressional Appearances

Congressional Testimony as a minority witness to the Regulations from the Executive In Need of Scrutiny (REINS) Act (Mar. 10, 2023)
Quoted in “House Republicans’ Deregulation Drive Could Be Derailed by Spate of Train Wrecks,” Epoch Times (Mar. 12, 2023)
Quoted in “How the White House Found EJ Areas Without Using Race,” E&E News (Jan. 24, 2023)

Robin Juni, Associate Professor, Fundamentals of Lawyering

Presentations & Panels

Discussant, Animals and the Anthropocene: A Legal Scholarship Symposium, GW Law (Washington, D.C., Mar. 24, 2023)

LeRoy Paddock, Distinguished Professorial Lecturer in Environmental Law

Articles

SDG 12: Responsible Consumption and Production, 53 ELR 10133 (Feb. 2023)

Presentations and Panels

Panelist, “Extended Producer Responsibility,” Bergeron and Campbell (online) (Mar. 22, 2023)
Keynote Address, Foundation for Energy and Natural Resources Law NEPA Conference (Washington, D.C., Mar. 16, 2023)
Interviewer, International Network for Environmental Compliance (online) (Mar. 3, 2023)

Podcast

Featured Guest on “Legal Talk Network,” Environmental Law Series: Pollution, Clean Water and Clean Air (Feb. 17, 2022)