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March 2017

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March 2, 2017 - March 3, 2017
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We think of private environmental governance as occurring when private organizations take actions that supplement (or perhaps displace in some instances) the traditionally governmental functions of reducing negative externalities, managing common pool resources and producing public goods. Private governance may prove especially important in light of the recent election, which may result in a reduced federal role in at least some areas of environmental governance. Our goal was to identify common research questions across disciplines, to discuss what we know about the reasons private governance is being pursued and the structure of these programs, to better understand how companies monitor performance of private governance systems, to explore whether and how private governance is or is not contributing to better environmental outcomes, and to examine how linkages between private and public governance systems might produce better outcomes.

Please go HERE for a copy of the agenda.

To view sessions via webcast:
March 2 a.m. sessions: 2017 Shapiro Symposium PART 1 03/02
March 2 p.m. sessions: 2017 Shapiro Symposium PART 2 03/02
March 3 a.m. sessions: 2017 Shapiro Symposium PART 1 03/03
March 3 p.m. sessions: 2017 Shapiro Symposium PART 2 03/03

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March 2, 2017 - March 3, 2017
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We think of private environmental governance as occurring when private organizations take actions that supplement (or perhaps displace in some instances) the traditionally governmental functions of reducing negative externalities, managing common pool resources and producing public goods. Private governance may prove especially important in light of the recent election, which may result in a reduced federal role in at least some areas of environmental governance. Our goal was to identify common research questions across disciplines, to discuss what we know about the reasons private governance is being pursued and the structure of these programs, to better understand how companies monitor performance of private governance systems, to explore whether and how private governance is or is not contributing to better environmental outcomes, and to examine how linkages between private and public governance systems might produce better outcomes.

Please go HERE for a copy of the agenda.

To view sessions via webcast:
March 2 a.m. sessions: 2017 Shapiro Symposium PART 1 03/02
March 2 p.m. sessions: 2017 Shapiro Symposium PART 2 03/02
March 3 a.m. sessions: 2017 Shapiro Symposium PART 1 03/03
March 3 p.m. sessions: 2017 Shapiro Symposium PART 2 03/03

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March 10, 2017
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An ELI Public Seminar

Climate justice can be defined generally as addressing the disproportionate burden of climate change impacts on poor and marginalized communities. It seeks to promote more equitable allocation of the burdens of these impacts at the local, national, and global levels through proactive regulatory initiatives and reactive judicial remedies that draw on international human rights and domestic environmental justice theories. Yet, efforts to define climate justice as a field of inquiry can be elusive and underinclusive because the concept is so vast in scope.

“Climate Justice: Case Studies in Global and Regional Governance Challenges” seeks to fill that void, providing an overview of the landscape of climate justice from a variety of legal and geographic perspectives in a case study format. The book analyzes climate justice from an international law perspective and legal responses to promote climate justice in several regions of the world, including Pacific island nations, South Asia, North America, Africa, and the Middle East. It addresses proposed solutions to a range of regulatory obstacles under international law, U.S. law, and foreign domestic law in seeking to promote climate justice on a global scale.

This seminar began with discussions of recent atmospheric trust litigation in the U.S., and the Urgenda case in the Netherlands, as examples of the advantages and limitations of using domestic courts to promote climate justice objectives. It then addressed topics outside the litigation context by exploring the climate justice implications of the new differentiation model between developed and developing nations as reflected in the Paris Agreement and the human rights dimensions of global deployment of bioenergy with carbon capture and storage (BECCS). The editor and three contributing authors of Climate Justice: Case Studies in Global and Regional Governance Challenges addressed the important and timely topics contained in this recent publication.

Panelists:
Randall S. Abate, Associate Dean for Academic Affairs and Professor of Law, Florida A&M University College of Law (moderator)
Dr. Wil Burns, Founding Co-Director, Forum for Climate Engineering Assessment, School of International Service, American University, and Senior Fellow, Centre for International Governance Innovation's International Law Research Program
Dr. Patricia G. Ferreira, Postdoctoral Fellow, Centre for International Governance Innovation’s International Law Research Program
Maria Tigre, Environmental Law Attorney, Cyrus R. Vance Center

Materials:
If you are an ELI member and are logged onto the Member site, you will see links below to available materials/recordings from this session. If you are not an ELI member but would like to have access to archived sessions like this one, go HERE to learn more about the many benefits of membership and how to join.

 

March 10, 2017 - March 11, 2017
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Co-sponsored by ELI and others, the Environmental and Energy Society of Tulane University Law School proudly hosted the 22nd annual Summit to bring together professionals and the public on current and pressing environmental and legal policy issues. This year, the conference included 20 panels on a wide range of environmental issues with nearly 70 speakers and moderators participating in the event. Our local, national, and international speakers represented strong voices from business, legal, and scientific backgrounds. The aim was to include many different voices of the community to participate in a thoughtful discussion about what the current environmental issues are and how they should best be addressed. In past years, the Summit has won the American Bar Association’s award for the Law Student Environment, Energy, and Resources Program of the Year.

In addition to keynote addresses, the event's panels included:

  • Mindfulness and Professionalism
  • Recent Developments in Legal Ethics
  • The Role of Electronic Discovery in Environmental Investigations and Litigation
  • Sustainable Seafood
  • The Future of Nuclear Energy
  • Red Snapper in the Gulf of Mexico: Federal vs. State Management
  • Climate Justice, A World Without Winners and Losers
  • The Marine Environment and the South China Sea Arbitration
  • According Nature Itself Rights
  • Geo-Engineering as a Solution to Climate Change
  • Illegal Wildlife Trade and CITES
  • Drone Technology and Conservation
  • What Do We Do About Drinking Water?
  • Where There's Muck There's Brass
  • Greening of Louisiana Communities
  • Shark Management and Law
  • Environmental Justice: What Happened to Title VI?
  • A Revolution in Property Rights: The Strange History of the Subsequent Purchaser Doctrine after Eagle Pipe
  • Totally Buggin' Out
  • Environmental Journalism Trumped?
  • The Legality of Orcas in Human Care
  • Permitting Disaster: Baton Rouge Areas Floods of 2016
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March 10, 2017 - March 11, 2017
Body

Co-sponsored by ELI and others, the Environmental and Energy Society of Tulane University Law School proudly hosted the 22nd annual Summit to bring together professionals and the public on current and pressing environmental and legal policy issues. This year, the conference included 20 panels on a wide range of environmental issues with nearly 70 speakers and moderators participating in the event. Our local, national, and international speakers represented strong voices from business, legal, and scientific backgrounds. The aim was to include many different voices of the community to participate in a thoughtful discussion about what the current environmental issues are and how they should best be addressed. In past years, the Summit has won the American Bar Association’s award for the Law Student Environment, Energy, and Resources Program of the Year.

In addition to keynote addresses, the event's panels included:

  • Mindfulness and Professionalism
  • Recent Developments in Legal Ethics
  • The Role of Electronic Discovery in Environmental Investigations and Litigation
  • Sustainable Seafood
  • The Future of Nuclear Energy
  • Red Snapper in the Gulf of Mexico: Federal vs. State Management
  • Climate Justice, A World Without Winners and Losers
  • The Marine Environment and the South China Sea Arbitration
  • According Nature Itself Rights
  • Geo-Engineering as a Solution to Climate Change
  • Illegal Wildlife Trade and CITES
  • Drone Technology and Conservation
  • What Do We Do About Drinking Water?
  • Where There's Muck There's Brass
  • Greening of Louisiana Communities
  • Shark Management and Law
  • Environmental Justice: What Happened to Title VI?
  • A Revolution in Property Rights: The Strange History of the Subsequent Purchaser Doctrine after Eagle Pipe
  • Totally Buggin' Out
  • Environmental Journalism Trumped?
  • The Legality of Orcas in Human Care
  • Permitting Disaster: Baton Rouge Areas Floods of 2016
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March 13, 2017
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Staying on top of the legal and policy developments in the climate change arena is no small task. As a special service to our members, the Environmental Law Institute provides a series of monthly conference calls with national experts on climate law and policy to keep you up to date and to answer your questions.

SmokyPlanet

Topics addressed in this month's call:

  • Anticipated Trump EOs on Clean Power Plan and the light-duty emission rules
  • Legislation was introduced in both California and Massachusetts to require that 100 percent of electricity in the state and commonwealth come from renewable sources.
  • Electric vehicle drivers in California are receiving checks from utilities through a program in the state’s Low Carbon Fuel Standard system to reduce GHG emissions generated by gasoline and diesel.
  • The California Air Resources Board looks as if it is posed to extend its cap-and-trade program to meet the state’s GHG emission reduction goals from 2020 to 2030, as legal uncertainty around the program has hurt demand for GHG auction permits.
  • Oregon is behind on achieving its GHG reduction goals largely because of an increase in GHG emissions from the transportation sector as vehicles-mile-driven have increased, but is exploring policies to further reduce its GHG emissions.
  • California's State Water Resources Control Board will consider a comprehensive resolution to embed climate change into all of its programs and decisionmaking.
  • Broward County in the Southeast Florida region has ordered the development of new flood maps that account for changes in groundwater levels due to projected sea-level rise, in order to help ensure resilient infrastructure investments in the future.
  • Columbia Riverkeeper v. Pruitt: re temperature TMDL requirement
  • Ligitation over Scott Pruitt's emails
  • Challenge to Illinois' zero emissions credits for nuclear facilities
  • Challenge to Trump EO on reducing regulation

Speakers:
Michael Berger, Executive Director, Sabin Center for Climate Change Law
Robert Sussman, Principal, Sussman & Associates
Kate Zyla, Deputy Director, Climate Center, Georgetown University

Materials:
If you are an ELI member and are logged onto the Members site, you will see links below to available materials/recordings from this session. If you are not an ELI member but would like to have access to archived sessions like this one, go HERE to see the many benefits of membership and how to join.


ELI Monthly Climate Briefings are made possible by the
generous support of our institutional members.


NOTE: This call/recording is for ELI members only. No comments may be quoted
or used without the express written permission of ELI and the panelist.

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March 14, 2017 - March 16, 2017
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ELI’s Annual Western Boot Camp on Environmental Law® is an overview of environmental law from the top experts in the field. Boot Camp is designed primarily for attorneys and environmental managers new to environmental law, although more experienced professionals have found the course provides an efficient update as well. While the course has a strong legal focus, it is accessible to professionals other than lawyers, including corporate environmental managers, paralegals, and technical staff who would benefit from a more thorough understanding of environmental law.

ELI’s Western Boot Camp on Environmental Law® is led by carefully selected senior practitioners and environmental managers who provide a practical and pragmatic view of environmental law and policy issues likely to be encountered by those working in the field. Annual topics include sessions on: the Clean Air Act, the Clean Water Act, project development and NEPA, environmental liability in business, CERCLA, RCRA, criminal enforcement, environmental ethics, product regulation, and a discussion of recent developments in climate change.

For information on future Boot Camps, please go HERE.


 

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March 15, 2017
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Co-sponsored by:
The Environmental Law Institute
Farella Braun + Martell LLP
Berkeley Law Center for Law, Energy & the Environment


With increasing pressure on greenfield development and renewable energy demand, there is heightened focus on developing smaller scale renewable energy projects located closer to the demand load.

Brownfields may provide opportunities to develop such projects to meet off-taker needs. Not only do these projects spur development of blighted or abandoned sites, they also have potential to meet local needs for renewable energy. With clear benefits, there are also potential risks to be managed:

  • Investigation and cleanup requirements
  • Timeline, cost of construction and operation
  • Governmental assistance and concerns
  • Potential private party liabilities  

Our panelists discussed the environmental and liability risks with the development of renewable energy projects on brownfields.

Panelists:
Ian Webster, President & Founder, Project Navigator, Ltd. (moderator)
Jon Benjamin, Partner, Farella Braun + Martel
Karen Irwin, Sustainable Local Government Lead, EPA Region 9
Mark Tholke, Chief Development Officer, Advanced Microgrid Solutions

 

March 14, 2017 - March 16, 2017
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ELI’s Annual Western Boot Camp on Environmental Law® is an overview of environmental law from the top experts in the field. Boot Camp is designed primarily for attorneys and environmental managers new to environmental law, although more experienced professionals have found the course provides an efficient update as well. While the course has a strong legal focus, it is accessible to professionals other than lawyers, including corporate environmental managers, paralegals, and technical staff who would benefit from a more thorough understanding of environmental law.

ELI’s Western Boot Camp on Environmental Law® is led by carefully selected senior practitioners and environmental managers who provide a practical and pragmatic view of environmental law and policy issues likely to be encountered by those working in the field. Annual topics include sessions on: the Clean Air Act, the Clean Water Act, project development and NEPA, environmental liability in business, CERCLA, RCRA, criminal enforcement, environmental ethics, product regulation, and a discussion of recent developments in climate change.

For information on future Boot Camps, please go HERE.


 

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March 14, 2017 - March 16, 2017
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ELI’s Annual Western Boot Camp on Environmental Law® is an overview of environmental law from the top experts in the field. Boot Camp is designed primarily for attorneys and environmental managers new to environmental law, although more experienced professionals have found the course provides an efficient update as well. While the course has a strong legal focus, it is accessible to professionals other than lawyers, including corporate environmental managers, paralegals, and technical staff who would benefit from a more thorough understanding of environmental law.

ELI’s Western Boot Camp on Environmental Law® is led by carefully selected senior practitioners and environmental managers who provide a practical and pragmatic view of environmental law and policy issues likely to be encountered by those working in the field. Annual topics include sessions on: the Clean Air Act, the Clean Water Act, project development and NEPA, environmental liability in business, CERCLA, RCRA, criminal enforcement, environmental ethics, product regulation, and a discussion of recent developments in climate change.

For information on future Boot Camps, please go HERE.


 

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March 22, 2017
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This program was sponsored by the Air Quality Committee of the D.C. Bar Environment, Energy and Natural Resources Section and cosponsored by the Environmental Law Institute


The Trump Administration and 115th Congress will almost certainly seek to dramatically change existing federal climate policies. At the same time, international, state and even local efforts to reduce Greenhouse Gas emissions and address the impacts of climate change are likely to move forward, perhaps with greater vigor than in previous years. The panel discussed the outlook for climate change policies at all levels in the coming year and beyond.

Speakers:
Vicki Arroyo
, Executive Director, Georgetown Climate Center, Georgetown University Law Center
David Doniger, Director, Climate & Clean Air Program, Natural Resources Defense Council
Karen Florini, Former Deputy Special Envoy for Climate Change, U.S. Department of State
Jessica Olson, Ayres Law Group LLP (Moderator)

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March 28, 2017
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An ELI Public Seminar

There is a strong global movement to combat wildlife trafficking and protect endangered species from overexploitation and the United States is taking its international obligations and commitments seriously. In 2013, President Obama issued Executive Order 13648, recognizing wildlife trafficking as an “international crisis that continues to escalate.”  Whistleblowers play a crucial role in prosecuting wildlife traffickers. However, the majority of potential whistleblowers, in any situation, never come forward. Congress addressed this issue by creating whistleblower reward laws, the successes of which have been profound, strengthening the ability of the government to detect and prosecute crime. In total, whistleblower rewards laws have resulted in over $50 billion in fines and penalties and over $3.5 billion in compensation to whistleblowers. Both the Lacey Act and Endangered Species Act include language providing monetary incentives to persons who disclose information about wildlife crimes, but these provisions have not been effectively implemented.

In this seminar, experts reviewed best practices for attorneys who seek to represent wildlife whistleblowers, and how these wildlife cases can be pursued through the Lacey Act, FCPA, FCA, and other laws that offer rewards for whistleblowers.

Panelists:
Brett Korte, Staff Attorney and Director, Associates Program, Environmental Law Institute (moderator)
Stephen M. Kohn, Co-founder & Executive Director, National Whistleblower Center
John T. Webb, Independent member, Advisory Council to the Presidential Task Force on Wildlife Trafficking

Materials:
If you are an ELI member and are logged onto the Members site, you will see links below to available materials/recordings from this session. If you are not an ELI member but would like to have access to archived sessions like this one, go HERE to see the many benefits of membership and how to join.

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March 29, 2017
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Judge Mary Kay Lynch

Judge Lynch has extensive litigation and management experience in both the private and public sector. She has served in a number of senior legal and management positions within the EPA, most recently as the Associate General Counsel for Solid Waste and Emergency Response leading the Agency’s participation in Supreme Court, federal Appellate Court and federal rule making practice in these subject areas. Prior to that she served as Regional Counsel for EPA Region 4 in Atlanta, Georgia. There she led a large interdisciplinary staff including attorneys and engineers to provide legal counsel for civil and criminal enforcement cases, defensive litigation, counseling issues, and general law matters. Earlier in her EPA career she served in EPA’s Office of Enforcement and Compliance Assurance, first in the Federal Facilities Office as Director of the Site Remediation and Enforcement Staff and later as Director of OECA's Policy Office. Judge Lynch has served as the Vice Chair of the Deepwater Horizon Natural Resource Damage Trustee Council where she has advised on complex and unprecedented issues. Prior to joining EPA, she was engaged in private law practice.

Judge Lynch's work has been recognized with numerous awards including the Meritorious Presidential Rank Award, the EPA Excellence in Management Award and EPA Gold and Silver Medals. She earned a Juris Doctor degree, from the University of Georgia School of Law, where she served as the Executive Editor of the Georgia Journal of International and Comparative Law. She earned a Bachelor of Arts, magna cum laude, from Boston College and was part of the Scholars of the College program.

Judge Kathie A. Stein

Judge Stein has over 35 years of legal experience in both the private and public sectors. Prior to her appointment to the Board, Judge Stein held several leadership positions at EPA, including Director of EPA’s Air Enforcement Division within EPA’s Office of Enforcement and Compliance Assurance (OECA). She also headed OECA’s Resource Conservation and Recovery Act (RCRA) Enforcement Division and served as the Acting Regional Counsel for EPA's Region III (Mid-Atlantic Region). In these capacities, she supervised teams of lawyers as well as technical and administrative personnel.

Before joining EPA in 1990, Judge Stein served as Senior Counsel with the Environmental Enforcement Section of the U.S. Department of Justice’s Environment and Natural Resources Division; Senior Attorney and Director, Environmental Information Exchange, at the Environmental Defense Fund; Assistant Attorney General for the Maryland Attorney General’s Office (handling environmental cases); and engaged in private law practice with two private law firms in San Francisco, California where she specialized in commercial and complex civil litigation, first at Orrick, Herrington, and Sutcliffe, and subsequently at Feldman, Waldman & Kline. Judge Stein has been a frequent speaker at national conferences on environmental law, and leads the Board’s work on international judicial capacity building. She also oversaw the development of the Board’s Alternative Dispute Resolution Program. In addition, during 1995-1996, while on leave from EPA, she worked as a consultant to the World Wildlife Fund (WWF) in Kathmandu, Nepal.

Judge Stein earned her Juris Doctor degree, magna cum laude, in 1979 from the Georgetown University Law Center, where she served as an editor of the Georgetown Law Journal. She received her Bachelor of Arts (B.A.) degree in 1974 from Oberlin College, where she majored in government.

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March 30, 2017
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This program is sponsored by the D.C. Bar Environment, Energy and Natural Resources Section and cosponsored by the District of Columbia Affairs Section and the Environmental Law Institute


The Potomac and Anacostia Rivers are at the heart of the District's economic, environmental, and communal life. But 45 years after the passage of the Clean Water Act, they still fail to meeting water quality standards, as elevated levels of fecal coliform bacteria make it risky to swim or do watersports.

In this program, experts from D.C. government, the environmental movement, and the regulated community described ongoing challenges and major efforts underway to finally clean up the Potomac and Anacostia, including work by the city, litigation under the Clean Water Act, and increased use of "green infrastructure."

Speakers:

  • Neil Gormley, Steering Committee Member, D.C. Bar Environment, Energy, and Natural Resources Section and Staff Attorney at Earthjustice (Moderator)
  • Rebecca Hammer, Staff Attorney, Natural Resources Defense Council (NRDC)
  • Jeffrey Seltzer, Stormwater Administrator, District Department of Energy and Environment
  • Amanda Waters, General Counsel and Director of Public Affairs, National Association of Clean Water Agencies (NACWA)
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March 31, 2017
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The Environmental Law Institute (ELI) and Vanderbilt University Law School convened a special conference on innovative ideas from the academic literature on climate change law and policy.

The articles and comments discussed at the conference will be published this summer in the Environmental Law & Policy Annual Review (ELPAR), a joint publication of ELI and Vanderbilt University Law School. ELPAR presents and discusses the best ideas on environmental law and policy from the academic literature each year.

The 2017 ELPAR DC conference was also broadcasted as a webinar.

 

This year's featured articles and speakers included:

 

How Cheap is Corporate Talk? Comparing Companies' Comments on Regulations with their Securities Disclosures

  • James W. Coleman (author), Assistant Professor of Law, Southern Methodist University Dedman School of Law
  • Matt Banks, Manager, Climate & Business, World Wildlife Fund
  • Alan Horowitz, former ‎Vice President, Global Safety, Health, Environment, Sustainability & Operations Compliance, AstraZeneca
  • Jeffrey A. Smith, Co-Director of Fordham Law School Sustainability Initiative and retired partner, Cravath, Swaine & Moore LLP
  • Brian J. Wong, Senior Counsel, U.S. Securities and Exchange Commission

Climate Exactions

  • J. Peter Byrne (co-author), Faculty Director, Georgetown Environmental Law and Policy Institute, and John Hampton Baumgartner, Jr. Professor of Real Property Law, Georgetown University Law Center
  • Kathryn A. Zyla (co-author), Deputy Director, Georgetown Climate Center
  • Christopher V. Carlyle, Attorney, The Carlyle Appellate Law Firm
  • Adam Freed, Principal, Bloomberg Associates
  • Gwen Wright, Planning Director, Montgomery County Planning Department

The President's Budget as a Source of Agency Policy Control

  • Eloise Pasachoff (author), Professor of Law, Georgetown University Law Center (via video)
  • Rosario Palmieri, Vice President for Labor, Legal, and Regulatory Policy, National Association of Manufacturers
  • Russell Shay, Director of Public Policy, Land Trust Alliance
  • Ali Zaidi, Precourt Energy Fellow, Stanford University; Senior Advisor, Morrison & Foerster LLP; former Associate Director for Natural Resources, Energy, and Science, White House Office of Management and Budget (2014-2017)

 

 
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