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March 2018

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March 9, 2018 - March 10, 2018
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Co-sponsored by ELI and others, the Environmental and Energy Society of Tulane University Law School proudly hosted the 23rd annual Summit to bring together professionals and the public on current and pressing environmental and legal policy issues. The conference included nearly 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:

Louisiana & The Gulf Coast:

  • Current Legal and Other Challengse in Sustainable Urban Agriculture
  • The Essential Need for Private Restoration
  • Wastewater Treatment & Wetlands Assimiliation
  • The Adequacy of the Louisiana Master Plan
  • Coastal Remedies Post SELFPA: Private and Parish Litigation
  • Environmental & Climate Justice in New Orleans
  • Lead in New Orleans: The Next Flint?
  • The Red Snapper's (Belated) Return: Who Has the Hammer?

New Frontiers in Energy & Climate Change:

  • A Bridge to Nowhere?: the Promise of Natural Gas
  • The Future of Solar: Prospects and Regulatory Regimes
  • Renewable Energy: Finance and Development in the EU and Beyond
  • Climate Change Maladaptation and Mitigation 1: Pre-Disasters
  • Climate Change Maladaptation and Mitigation 2: Post-Disasters

Other Topics of Concern:

  • Recognition, Relocation, and the Rights of Indigeneous Peoples
  • Is the Endangered Species Act Endangered?: Recent Developments and Trends
  • Pushing Environmental Agendas in the Age of Trump
  • Bears Ears and Beyond: Can Trump Dismantle National Monuments?
  • Gulf Marine Sanctuaries: Cuba, Mexico, and the U.S.
  • Evolving Protections for Captive Wildlife

Legal Profession & Ethics:

  • Mindfulness for Lawyers
  • Recent Developments in Legal Ethics

 

 

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March 9, 2018 - March 10, 2018
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Co-sponsored by ELI and others, the Environmental and Energy Society of Tulane University Law School proudly hosted the 23rd annual Summit to bring together professionals and the public on current and pressing environmental and legal policy issues. The conference included nearly 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:

Louisiana & The Gulf Coast:

  • Current Legal and Other Challengse in Sustainable Urban Agriculture
  • The Essential Need for Private Restoration
  • Wastewater Treatment & Wetlands Assimiliation
  • The Adequacy of the Louisiana Master Plan
  • Coastal Remedies Post SELFPA: Private and Parish Litigation
  • Environmental & Climate Justice in New Orleans
  • Lead in New Orleans: The Next Flint?
  • The Red Snapper's (Belated) Return: Who Has the Hammer?

New Frontiers in Energy & Climate Change:

  • A Bridge to Nowhere?: the Promise of Natural Gas
  • The Future of Solar: Prospects and Regulatory Regimes
  • Renewable Energy: Finance and Development in the EU and Beyond
  • Climate Change Maladaptation and Mitigation 1: Pre-Disasters
  • Climate Change Maladaptation and Mitigation 2: Post-Disasters

Other Topics of Concern:

  • Recognition, Relocation, and the Rights of Indigeneous Peoples
  • Is the Endangered Species Act Endangered?: Recent Developments and Trends
  • Pushing Environmental Agendas in the Age of Trump
  • Bears Ears and Beyond: Can Trump Dismantle National Monuments?
  • Gulf Marine Sanctuaries: Cuba, Mexico, and the U.S.
  • Evolving Protections for Captive Wildlife

Legal Profession & Ethics:

  • Mindfulness for Lawyers
  • Recent Developments in Legal Ethics

 

 

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March 12, 2018
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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 to be addressed in this month's call:

  • What's happening in the states, including setbacks in OR and WA on carbon tax legislation and  examples of surprising states (Kentucky) providing new adaptation tools and resources
  • Recent rulemaking developments at BLM and EPA on methane
  • Comments filed on the EPA ANPR on replacing the CPP
  • Updates on the public nuisance lawsuits brought by cities in CA and NY against fossil fuel companies
  • Updates on some of the pipeline litigation taking place in the southeast
  • DC Circuit's dismission of lawsuit challenging Pres. Trump's 2-for-1 EO
  • Decisions requiring federal agencies to take action on implementing the methane waste prevention rule and certain energy efficiency standards
  • Quick updates on cases involving NEPA and ESA

Speakers:
Vicki Arroyo, Executive Director, Climate Center, Georgetown University
Michael Burger, Executive Director, Sabin Center for Climate Change Law
Robert Sussman, Principal, Sussman & Associates

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 15, 2018 - March 16, 2018
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The Public Trust Doctrine is rooted, at least in part, in the 800-year-old Charter of the Forests and remains a subject of significant debate today. The Symposium reflected on the role of the Charter of the Forests, the development of the Public Trust Doctrine in the United States, and explored the role of Public Trust Doctrine today in contexts including climate, water resources, state constitutions, and other settings.

The Symposium brought together some of the foremost experts on public trust issues in the United States and Canada who hold variety of perspectives on the Doctrine to discuss the evolving role that the Public Trust Doctrine is playing today with respect to climate change, public lands, water rights and other critical environmental and natural resource issues.

AGENDA

Thursday, March 15

Opening Remarks 

  • Steve Miano, Hangley Aronchick Segal Pudlin & Schiller; former Chair of the ABA Section of Environment, Energy & Resources
  • Lee Paddock, The George Washington University Law School

Keynote address— The Charter of the Forests

  • Nicholas Robinson, Haub School of Law at Pace University

Historical Roots of Public Trust in the U.S. 

  • Daniel Magraw, Johns Hopkins University, School of Advanced International Studies (moderator)
  • Jim Huffman, Lewis & Clark Law School
  • Erin Ryan, Florida State University College of Law

Implications of the Juliana Case

  • Rob Glicksman, The George Washington University Law School (moderator)
  • Mary Wood, University of Oregon (by video)
  • Brad Mank, University of Cincinnati College of Law
  • Randall Abate, Florida A&M College of Law

Friday, March 16         

Applications of the Public Trust Doctrine: Part I

  • Sheila Hollis, Duane Morris, former Chair of the ABA Section of Environment, Energy & Resources (moderator)
  • Michael Blumm, Lewis & Clark Law School (Sovereign and Property Ownership: The Public Trust Doctrine as a Usufructuary Right)
  • Daniel Siegel, California Office of the Attorney General (The Public Trust Doctrine in California)
  • Rick Frank, University of California Davis School of Law (Water and the American West: The Public Trust Doctrine’s New Frontier) 
  • Harry Wruck, EcoJustice Canada (The Public Trust in Canada)

Applications of the Public Trust Doctrine: Part II

  • Caitlin McCoy, The George Washington University Law School (moderator)
  • Margaret Peloso, Vinson & Elkins (Public Trust as a Climate Adaptation Tool)
  • Melissa Scanlan, Vermont Law School (The Role of the Courts in Guarding Against Privatization of Important Public Environmental Resources)
  • Alex Klass, University of Minnesota Law School (The Public Trust Doctrine in the Shadow of State Environmental Rights Laws)
  • John Dernbach, Widener University Commonwealth Law School (The Public Trust Doctrine and the Pennsylvania Supreme Court)
  • Tracy Hester, University of Houston Law Center (The Public Trust Doctrine in Texas)

Closing Thoughts

  •  Dan McGraw, Nicholas Robinson

Materials:

Keynote Address: Nicholas A. Robinson Paper - "The Charter of the Forest: Evolving Human Rights in Nature" [pdf]

Panel One:  "Historical Roots of Public Trust in the U.S."

Panel Two:  "Implications of the Juliana Case"

Panel Three:  "Applications of the Public Trust Doctrine: Part I"

Panel Four:  "Applications of the Public Trust Doctrine: Part II"

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March 15, 2018 - March 16, 2018
Body

The Public Trust Doctrine is rooted, at least in part, in the 800-year-old Charter of the Forests and remains a subject of significant debate today. The Symposium reflected on the role of the Charter of the Forests, the development of the Public Trust Doctrine in the United States, and explored the role of Public Trust Doctrine today in contexts including climate, water resources, state constitutions, and other settings.

The Symposium brought together some of the foremost experts on public trust issues in the United States and Canada who hold variety of perspectives on the Doctrine to discuss the evolving role that the Public Trust Doctrine is playing today with respect to climate change, public lands, water rights and other critical environmental and natural resource issues.

AGENDA

Thursday, March 15

Opening Remarks 

  • Steve Miano, Hangley Aronchick Segal Pudlin & Schiller; former Chair of the ABA Section of Environment, Energy & Resources
  • Lee Paddock, The George Washington University Law School

Keynote address— The Charter of the Forests

  • Nicholas Robinson, Haub School of Law at Pace University

Historical Roots of Public Trust in the U.S. 

  • Daniel Magraw, Johns Hopkins University, School of Advanced International Studies (moderator)
  • Jim Huffman, Lewis & Clark Law School
  • Erin Ryan, Florida State University College of Law

Implications of the Juliana Case

  • Rob Glicksman, The George Washington University Law School (moderator)
  • Mary Wood, University of Oregon (by video)
  • Brad Mank, University of Cincinnati College of Law
  • Randall Abate, Florida A&M College of Law

Friday, March 16         

Applications of the Public Trust Doctrine: Part I

  • Sheila Hollis, Duane Morris, former Chair of the ABA Section of Environment, Energy & Resources (moderator)
  • Michael Blumm, Lewis & Clark Law School (Sovereign and Property Ownership: The Public Trust Doctrine as a Usufructuary Right)
  • Daniel Siegel, California Office of the Attorney General (The Public Trust Doctrine in California)
  • Rick Frank, University of California Davis School of Law (Water and the American West: The Public Trust Doctrine’s New Frontier) 
  • Harry Wruck, EcoJustice Canada (The Public Trust in Canada)

Applications of the Public Trust Doctrine: Part II

  • Caitlin McCoy, The George Washington University Law School (moderator)
  • Margaret Peloso, Vinson & Elkins (Public Trust as a Climate Adaptation Tool)
  • Melissa Scanlan, Vermont Law School (The Role of the Courts in Guarding Against Privatization of Important Public Environmental Resources)
  • Alex Klass, University of Minnesota Law School (The Public Trust Doctrine in the Shadow of State Environmental Rights Laws)
  • John Dernbach, Widener University Commonwealth Law School (The Public Trust Doctrine and the Pennsylvania Supreme Court)
  • Tracy Hester, University of Houston Law Center (The Public Trust Doctrine in Texas)

Closing Thoughts

  •  Dan McGraw, Nicholas Robinson

Materials:

Keynote Address: Nicholas A. Robinson Paper - "The Charter of the Forest: Evolving Human Rights in Nature" [pdf]

Panel One:  "Historical Roots of Public Trust in the U.S."

Panel Two:  "Implications of the Juliana Case"

Panel Three:  "Applications of the Public Trust Doctrine: Part I"

Panel Four:  "Applications of the Public Trust Doctrine: Part II"

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March 20, 2018 - March 22, 2018
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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 20, 2018 - March 22, 2018
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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 20, 2018 - March 22, 2018
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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 27, 2018
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Co-sponsored by The Ocean Conservancy, National Wildlife Federation, Steps Coalition, Audubon Mississippi, and ELI's Ocean Program


As a result of the BP oil spill, billions of dollars are going to restoration and recovery efforts in the Gulf, with most of that money going to restoration projects. Although there are many different types, restoration projects can be technical and difficult to understand. So how are members of the public supposed to make heads or tails of them? To help the public better understand how to evaluate restoration projects, the Environmental Law Institute, in partnership with Steps Coalition, Audubon Mississippi, National Wildlife Federation, and Ocean Conservancy, hosted an event in Gulfport, MS on “Making Heads or Tails of BP Oil Spill Restoration Projects.” The event brought together experts to cover topics such as how to navigate through restoration projects to understand when one “good” project could be prioritized over another, how to deal with scientific uncertainty, and how restoration projects work in practice. The goal of this event was to provide participants with tools and information about restoration projects so that they can more effectively engage in the restoration and recovery efforts moving forward.

Agenda

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March 28, 2018
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An ELI and Marten Law Public Seminar

In 2004, the Defense Advanced Research Projects Agency (DARPA) ran their first autonomous vehicle challenge on a barren stretch of land in California and Nevada. That year, not a single car drove more than 8 miles into the rugged dessert terrain without crashing. The following year, five vehicles using improved Artificial Intelligence (AI) machine learning systems traveled 150 miles across the desert to complete the course and thereafter the success rate continued to climb. In 2016, a self-driving truck successfully drove 132 miles through Colorado to deliver 51,744 cans of Budweiser beer.

As many observers have pointed out: we have entered the age of Artificial Intelligence. AI systems are not just driving cars and trucks, but increasing the efficiency of energy-intensive buildings such as data centers, as well as predicting snow melt and available hydropower reserves in the Sierra Nevada Mountains. And this is just the beginning. As AI advances and environmental decision-making becomes internalized into AI algorithms, the legal, ethical, and public policy communities are in a unique position to ensure positive environmental outcomes, but some tantalizing questions are being raised.

Who exactly watches the watchmen, especially when AI systems can learn without human input or intervention? Will EPA need a Division of Algorithmic Oversight? Will future AI programs incorporate ‘regulatory bots’ to ensure compliance with environmental law? Will law practices benefit from new capabilities to audit AI systems for environmental and energy performance? Will AI offer another strategy for private environmental governance?

ELI's Dave Rejeski, Director of the Technology, Innovation and the Environment Program at the Environmental Law Institute discussed the new ELI report: When Software Rules: The Rule of Law in the Age of Artificial Intelligence.

Materials:
If you are an ELI member and are logged onto the Members site (the white For Members button at the very top of this page), 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.

Reference:
When Software Rules: Rule of Law in the Age of Artificial Intelligence (ELI, Feb. 2018, 36 pg.)
Listen to NPR WCAI Radio interview of David Rejeski (March 12, 2018)

When Software Rules: Rule of Law in the Age of Artificial Intellegence

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