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Fall Newsletter 2022

Welcome to the inaugural edition of GW Law’s Environmental and Energy Law Newsletter. In this edition, The George Washington University Law School’s Environmental and Energy Law program welcomes new faces, announces a restructuring of its highly ranked program, and unveils a new LLM opportunity. GW Law is also sponsoring and participating in a robust roster of events this fall, as detailed below. Recent publications and video releases are also set forth below.

PROGRAM NEWS

Changing Faces

Randall S. Abate has been appointed Assistant Dean for Environmental Law Studies. He brings 28 years of experience teaching, writing, managing programs, and mentoring students on domestic and international environmental law issues in various contexts including extensive international experience. Assistant Dean Abate has published six books and more than thirty law journal articles and book chapters on environmental and animal law topics, with a recent emphasis on climate change law and justice.

The law school also welcomes Johanna Adashek as Visiting Associate Professor and Environmental Law Fellow. Jo is a recent graduate of the University of Maryland Francis King Carey School of Law, a published author, and most recently worked as an Honors Law Clerk for the Environmental Protection Agency's Office of Enforcement and Compliance Assurance in the Air Enforcement Division.

The Environmental and Energy Law program extends deep appreciation and warm wishes to Lin Harmon-Walker, Visiting Associate Professor and Interim Program Director for Environmental and Energy Law, who retired in August after admirably serving as Interim Program Director for three years. The program also is grateful for exceptional service from Visiting Associate Professor and Environmental Law Fellow, Perry Elerts, whose two-year

appointment ended in June.

The Environmental and Energy Law program is proud to welcome three outstanding new adjunct professors to our team in spring 2023. Alexandra Dapolito Dunn will teach Selected Topics in Environmental Law: Environmental Justice. Professor Dunn is a partner at Baker Botts. She has had a distinguished environmental law career in private practice, nongovernmental organizations, and government service, including serving as Assistant Administrator for the Office of Chemical Safety and Pollution Prevention at EPA and Regional Administrator for EPA’s New England Region. Andrew Schatz will teach International Environmental Law. Professor Schatz is Legal Advisor for Conservation Finance and Wildlife at Conservation International. Previously, he was an associate in DLA Piper’s environmental law practice group. Julie Kaplan will teach Climate Change Law and Justice. A graduate of Yale Law School, Professor Kaplan is an environmental and energy law attorney in solo practice. She has held positions in a wide range of practice settings including senior attorney for the Sierra Club, attorney-advisor for the U.S. Department of Transportation, and of counsel at Hunsucker, Goodstein & Nelson.

A New Structure for the Environmental and Energy Law Program

GW Law is restructuring the governance of its Environmental and Energy Law Program. Newly appointed Assistant Dean Abate will co-direct the Environmental and Energy Law program with Donna M. Attanasio, who has been appointed Assistant Dean for Energy Law. Assistant Dean Attanasio joined GW Law in 2013 as a Senior Advisor for Energy Law after 24 years in private practice, and founded GW Law’s Sustainable Energy Initiative. Her primary areas of research and writing relate to the electric utility industry and its transition to a more sustainable fuel mix.

This structural change in governance, and recognition of the importance of both programs through appointment of Assistant Deans for each, reflects GW Law’s strengths in both areas of law. This balance is increasingly important as the world struggles to assure equitable access to clean, environmentally sustainable energy and a healthy planet. It also responds to GW Law’s robust cohort of alumni who have supported growth of the energy law program as a complement to GW Law’s long-standing position as a leader in environmental law education.

Double Degree Option for LLM Students in Energy and Climate Law

GW Law and the University of Groningen, located in the Netherlands, have launched an exciting new opportunity for LLM students interested in the study of energy law and climate law. Under the new program, students will undertake a rigorous course of study over two to three semesters, covering energy and climate law under both European Union and United States law. The program is indebted to Associate Dean Emeritus Lee Paddock of GW Law and Professor Emerita Martha Roggenkamp of the University of Groningen who developed this concept.

Students will begin the program in the fall semester at the University of Groningen, complete the remainder of their course work during the spring semester at GW Law, and would be permitted to finish their thesis during the summer semester (with no associated residency requirement). Students who successfully complete the curriculum, including the mandatory thesis requirement, will be awarded LLM degrees in Energy and Environmental Law from GW Law and Energy and Climate Law from the University of Groningen. For more information, please visit the program website here. GW Law contacts regarding the program are Shehernaz Joshi, Assistant Dean, Graduate and International Programs at sjoshi@law.gwu.edu, or Assistant Dean Attanasio at dattanasio@law.gwu.edu.

EVENTS

A listing of the events and video releases that have been held or announced this fall, as of the time of publication, are below. Find out more about our program’s future events on our events page and past events on our YouTube channel.

Nuclear Energy Conference, May 9-12

An address by Dr. Katy Huff, Assistant Secretary for Nuclear Energy at the U.S. Department of Energy, delivered in May 2022 at GW Law’s four-day conference, Investable Nuclear Energy, was released in September. It can be viewed, together with other videos from that conference, on our YouTube channel.

Climate Science and the Energy Transition, August 29

The Environmental Law Institute and its Climate Judiciary Project teamed up with The George Washington University, acting through the Environmental & Energy Management Institute (EEMI) and GW Law School, to present a compelling and sobering seminar on “Climate Science and the Energy Transition.” The program was designed to address how science and technology related to climate change are reflected in the law and courts. Both Assistant Dean Randall Abate and Assistant Dean Donna Attanasio spoke at the seminar. Read more here.

Natural Resources Symposium, September 15

GW Law hosted the Natural Resources Symposium, an event convened almost every other year for over two decades for the purpose of creating frameworks for applying innovative approaches to the problems facing natural resources. The Symposium featured lawyers from prestigious law firms, federal agencies, professors, executives from fortune 500 companies, and a Pulitzer Prize-winning journalist. Panel sessions addressed remediation and restoration, PFAS, climate change, and corporate social responsibility. The Symposium’s theme centered around discussion and review of best practice frameworks. Experts presented frameworks on remediation and natural resource restoration; addressing PFAS; and climate change and extreme weather event impacts on natural resources.

20th Anniversary CPR Roundtable, September 16

Center for Progressive Reform (CPR) Scholar and Board of Directors Member Rob Glicksman, the J.B. and Maurice C. Shapiro Professor of Environmental Law at GW Law, hosted a special 20th Anniversary CPR Roundtable event at GW Law on September 16, 2022. The hybrid event, “Charting a Course for a Progressive Future: Roundtables on Energy Democracy, the Courts, and Climate Justice,” assembled many distinguished environmental and energy law professors from across the country, and other experts from the D.C. area, for interactive dialogue on these issues. Topics addressed included identifying what energy democracy means, the implications of West Virginia v. EPA, and recent judicial and legislative developments in climate justice. The E&E program was well represented at the event with Rob Glicksman, Emily Hammond, and Randall Abate providing remarks. The keynote session featured CPR President, Professor Rob Verchick of Loyola University New Orleans School of Law, interviewing Emily Hammond, Vice Provost for Faculty Affairs and the Glen Earl Weston Research Professor, on their service at the Department of Energy. Senator Sheldon Whitehouse (D-RI) provided brief remarks during the event’s reception to close out the day.

Director-General Calleja Y Crespo, European Commission, Addresses Energy Issues, September 19

GW Law hosted a delegation led by Daniel Calleja Y Crespo, Director-General for Legal Service of the European Commission. Director-General Calleja’s presentation "Facing the perfect storm: What is the EU Strategy addressing the current geopolitical, energy and climate challenges?" was followed by a lively discussion, moderated by Rosa Celorio, GW Law’s Associate Dean for International and Comparative Legal Studies and Burnett Family Distinguished Professorial Lecturer in International and Comparative Law and Policy. He later met with Dean Dayna Bowen Matthew. Read more here.

Rights-Based Climate Litigation Webinar, September 27

Professor Rob Glicksman moderated a discussion with Assistant Dean Randall Abate and Johanna Adashek on their recent scholarly writings on rights-based climate litigation. Specifically, Assistant Dean Abate addressed obstacles and strategic considerations in climate justice litigation to protect indigenous and youth populations in the United States and Canada. Professor Adashek discussed the possibility of using Environmental Rights Amendments in climate litigation focused at the subnational level in the United States. Find the recording of the webinar on our YouTube channel.

West Virginia v. EPA: What the Major Questions Doctrine Means for Environmental Protection, Energy Regulation, and Administrative Law, October 12

Aram Gavoor, Associate Dean for Academic Affairs spoke on a panel “West Virginia v. EPA: What the Major Questions Doctrine Means for Environmental Protection, Energy Regulation, and Administrative Law” moderated by GW Law Professorial Lecturer in Law Harvey Reiter at the Energy Bar Association Mid-Year Forum. Information about the Forum is available on the EBA website.

GW Law Perspectives on the Inflation Reduction Act, October 12

GW Law’s webinar, “GW Law Perspectives on the Inflation Reduction Act,” featuring Professors Steve Schooner and Rob Glicksman and Assistant Deans Donna Attanasio and Randall Abate, and moderated by Assistant Dean Jessica Tillipman, was sponsored by the Environmental and Energy Law and Government Procurement Law programs. Those who were unable to attend the presentation can view the event recording here.

Protecting Public Health Through U.S. Climate Action: Making sense of the shifting landscape after West Virginia v. EPA and the Inflation Reduction Act, October 13

Senator Tom Carper delivered the keynote address at GW’s Climate & Health Institute’s symposium: "Protecting Public Health Through U.S. Climate Action: Making sense of the shifting landscape after West Virginia v. EPA and the Inflation Reduction Act." Senator Carper was introduced by GW President Mark Wrighton. Two panels of experts discussed health and environmental justice implications of the Inflation Reduction Act and the West Virginia v. EPA Supreme Court decision, and efforts to promote action on multiple fronts to ensure a healthy climate. Professor Robert Glicksman spoke on the second panel. GW Law is a member and active participant in the Climate & Health Institute. A reception followed for those in attendance and the event was live streamed for those unable to attend in person. Read more about this event here.

Energizing the Energy Law Conference: "What Does an Equitable Energy Transition Look Like?" October 14

Assistant Dean Attanasio moderated an online panel discussion on “Energizing the Energy Law Conference: What Does an Equitable Energy Transition Look Like?” Panelists included GW Law alumna Anne McKibbin, Principal Director, Policy, Elevate. The panel was sponsored by the ABA’s Section on Environment, Energy and Natural Resources (SEER) as a lead-in to its November 4 conference.

Strategies and Tactics for Young People in Fighting Climate Change, November 1

GW Law will support Global Youth Climate Week by hosting a campus-wide teach-in on “Strategies and Tactics for Young People in Fighting Climate Change.” The panel discussion will be co-sponsored with SustainableGW and moderated by Assistant Dean Abate. This is a GW all-school event. Registration information pending.

Energy Law Affects Lives: Extreme Weather, Keeping the Lights on, and Why Environmental Lawyers Should Know About Energy, November 9

GW Law will host alumna Commissioner Allison Clements of the Federal Energy Regulatory Commission for a discussion with current law and pre-law students from GW and other schools on the topic “Energy Law Affects Lives: Extreme Weather, Keeping the Lights on, and Why Environmental Lawyers Should Know About Energy.” Student (only) event registration here.

Energy Connectors Alumni Event, November 9

A reception for GW Law’s energy law alumni affinity group, Energy Connectors, will provide alumni and students in energy law with an opportunity to meet or re-connect. Register here.

J.B. and Maurice C. Shapiro Distinguished Lecture on Global Climate Change and Energy Law, November 17

The Environmental and Energy Law program is thrilled to announce the launch of the J.B. and Maurice C. Shapiro Distinguished Lecture on Global Climate Change and Energy Law. This year’s distinguished lecturer is Dr. Damilola Olawuyi, Professor, Associate Dean for Research, and UNESCO Chairholder on Environmental Law and Sustainable Development at Hamid Bin Khalifa University School of Law in Doha, Qatar. An internationally recognized scholar on climate change and energy law issues, Dr. Olawuyi will deliver a lecture on climate and energy justice in the Global South. Dr. Olawuyi holds a Ph.D. from Oxford and law degrees from Harvard, the University of Calgary, and from two universities in his home country of Nigeria. Author of more than 100 books, book chapters, and articles on climate change and energy law issues, he has served as a visiting scholar at Cambridge, Columbia, and Penn, and has delivered lectures on energy law in more than 40 countries. Read more and register here.

PEOPLE NEWS

The Energy Law Advisory Council welcomes its first public interest members: Stephen Burns JD ‘78, Ethan Kimbrel JD ‘96, and Anne McKibbin JD ‘05
Adrienne Thompson LLM ‘16 took office as the President of the Western Chapter of the Energy Bar Association in September 2022 for a one year term
Assistant Dean Donna Attanasio was presented with the Paul E. Nordstrom Service Award by the Energy Bar Association on October 11, 2022
Professorial Lecturer in Law Harvey Reiter addressed the major questions doctrine in Would FERC’s Landmark Decisions Have Survived Review Under the Supreme Court’s Expanding “Major Questions Doctrine” and Could the Doctrine Stifle New Regulatory Initiatives? prior to the issuance of West Virginia v. EPA and the post-case fallout in this Bloomberg News article.

SCHOLARSHIP NEWS

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

Randall Abate, Assistant Dean for Environmental Law Studies

Article

Youth and Indigenous Voices in Climate Justice: Leveraging Best Practices from U.S. and Canadian Litigation, 45 Pub. Land & Res. L. Rev. 77 (2022)

Presentations & Panels

Panelist, “GW Perspectives on the Inflation Reduction Act” (Oct. 12, 2022)
Lecture, “The Plight of Climate Refugees: Rising Seas, Melting Ice, and Inadequate Legal Protections,” Deconstructing Environmental Justice Lecture Series, Jindal Global Law School (Sonipat, India, Oct. 3, 2022)
Speaker, “Virtual Lunch on Rights-Based Climate Litigation” (Sept. 27, 2022)
Panelist, “Rights of Nature and Animals: Advances and Setbacks,” ALDF
Speaker, Animal Law Symposium, (Arlington, VA, Sept. 24, 2022)
Speaker, Climate Justice Roundtable, “Charting a Course for a Progressive Future: Roundtables on Energy Democracy, the Courts, and Climate Justice,” Center for Progressive Reform, (Washington, D.C., Sept. 16, 2022)
“Day 1 Summary Remarks,” Natural Resources Symposium (Washington, D.C., Sept. 15, 2022)
Speaker, “Trends in Climate Litigation,” Seminar on Climate Science and the Energy Transition in Climate Litigation, (Washington, D.C., Aug. 29, 2022)

Donna Attanasio, Assistant Dean for Energy Law

Article

Promise, obstacles and hope for new nuclear’s role in decarbonisation, J. Energy & Nat. Res. L. (2022) DOI: 10.1080/02646811.2022.2098613

Presentations & Panels

Panelist, “GW Perspectives on the Inflation Reduction Act” (Oct. 12, 2022)
Speaker, “Energy policy, legislation, and litigation trends,” Seminar on Climate Science and the Energy Transition sponsored by Environmental Law Institute’s Climate Judiciary Project, Geo. Washington Law School, and Geo. Washington University Environmental & Energy Management Institute (Washington, D.C., Aug. 29, 2022)
Panelist, “An Introduction to Careers in Environmental Law and Policy,” Environmental Law Institute Summer School (Washington, D.C., June 2, 2022)
Organizer and moderator, “Investable Nuclear Energy,” George Washington Law School (May 9-12, 2022)
Organizer and moderator, “Careers in Environmental & Energy Law” 9-part video interview series (Jan. 2022-Mar. 2022)
Podcast guest, EBA Energy Exchange, Season 2, Episode 4 (Dec. 7, 2021)

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

Book

NEPA Law and Litigation (2d ed. 2022) (with D. Mandelker et al.)

Articles

Judicial Review of Scientific Uncertainty in Climate Change Lawsuits: Deferential and Nondeferential Evaluation of Agency Factual and Policy Determinations, 46 Harv. Env’t L. Rev. 367 (2022) (with D. Kim and K. Groth-Tuft)
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)

Presentations & Panels

Panelist, “GW Perspectives on the Inflation Reduction Act” (Oct. 12, 2022)
Commentator, “Festschrift Symposium for Daniel Mandelker” (Sept. 28, 2022)
Moderator, “Virtual Lunch on Rights-Based Climate Litigation” (Sept. 27, 2022)
Speaker and Organizer, Climate Justice Roundtable, “Charting a Course for a Progressive Future: Roundtables on Energy Democracy, the Courts, and Climate Justice,” Center for Progressive Reform, (Washington, D.C., Sept. 16, 2022)
Presenter, “The Implications of West Virginia v EPA,” (Aug. 10, 2022)
Speaker, “The Implications of West Virginia v. EPA and the Major Questions Doctrine,” (July 28, 2022)
Presenter, “Conservation and the Multiple Use Agencies,” 68th Annual Natural Resources and Energy Law Institute of the Foundation for Natural Resources and Energy Law (July 23, 2022)
Presenter, “Top Policy Reforms for the Clean Water Act’s 50th Anniversary,” Center for Progressive Reform Roundtable at the Waterkeeper Alliance Global Conference, (Washington, D.C., June 10, 2022)
Presenter, “Judicial Review of Scientific Uncertainty in Climate Change Lawsuits: Deferential and Nondeferential Evaluation of Agency Factual and Policy Determinations,” presentation at the 7th Annual SRP Sustainability Conference of American Legal Educators (Phoenix, AZ, May 13, 2022)
Presenter, “The Need for and Structure of a Federal Central Panel of ALJs,” Fairness, Justice and the Need for a Federal Central Panel (May 3, 2022)

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

Article

Responding to Mass, Computer-Generated, and Mallatributed Comments, 74 Admin. L. Rev. 95 (2022) (with Steve Balla, Reeve Bull, Bridget C.E. Dooling, Michael Herz, Michael Livermore, & Beth Simone Noveck)

Presentations & Panels

Panelist, “2022 Supreme Court Preview” (Washington, D.C., Sept. 20, 2022)
Keynote Speaker, “Center for Progressive Reform’s 25th Anniversary Celebration,” (Washington, D.C., Sept. 16, 2022)
Speaker, “Pride Month Celebration,” Microsoft Energy Team (June 24, 2022)
Panelist, “Section on Sexual Orientation and Gender Identity Issues Q&A,” AALS Workshop for New Law Teachers, (Washington, D.C., June 3, 2022)

LeRoy Paddock, Distinguished Professorial Lecturer in Law

Book Chapter

"Creating a Framework that Supports Resilient Renewable Energy" in C. Banet, H. Monsters, L. Paddock, M. Montoya, and I. Del Guayo, Resilience in Energy, Infrastructure, and Natural Resources Law (Edward Elgar Press 2022)

Article

Extended Producer Responsibility: It's Time to Embrace the Concept, ABA SEER Nat. Res. & Env’t (2022)

Richard Pierce, Lyle T. Alverson Professor of Law

Essays

Avoiding Unduly Concentrated Clean Energy Markets, Reg. Rev., Sept. 19, 2022
Supreme Court Crushes the United States’ Ability to Mitigate Climate Change, Reg. Rev., July 20, 2022
Nostalgia for Agency Expertise, Reg. Rev., July 19, 2022
Is Chevron Deference Still Alive? Reg. Rev., July 14, 2022

Johanna Adashek, Visiting Associate Professor and Environmental Law Fellow

Articles

Do it for the Kids: Using an Environmental Rights Amendment to Protect Future Generations from Climate Change Impacts and Future Pandemics, 45 Pub. Land & Res. L. Rev. 113 (2022).
Hop on the Carbon Neutral Bandwagon: Amending the Paris Agreement to Require Short-Term Goals and Long-Term Carbon Neutral Goals for Nationally Determined Contributions, 36 Md. J. Int’l L. 101 (2022).

Presentations & Panels

Speaker, “Virtual Lunch on Rights-Based Climate Litigation” (Sept. 27, 2022)