Environment 2016 (21st Annual Tulane Summit on Environmental Law and Policy)

When
February 19, 2016 11:27 am — February 20, 2016 11:27 am
Where
New Orleans, LA

ELI was pleased to co-sponsor Tulane Law School's preeminent student-run conference. Each year the Summit brings together prominent advocates, policy makers, and environmental minds.


Panel Descriptions

 

Genetically Modified Salmon: On November 20, 2015, the FDA approved GMO Salmon as fit for human consumption after a lengthy approval process.  Advocates of the “frankensalmon” say it will help reduce overfishing, but critics fear GMO salmon will enter natural habitats and disrupt native species.  Additionally, the FDA approval may open the doors for a host of other land and sea GMO species–currently in development–to enter the consumer marketplace.  Panelists discussed the salmon issue and connect the potential for GMO species to affect the Louisiana fishing economy.

Sage Grouse: The Department of the Interior recently announced that protection of the Greater Sage Grouse would no longer be necessary under the Endangered Species Act.  Proponents of this decision argue that a multi-state, multi-disciplinary conservation effort successfully demonstrates that threatened species can be saved without employing the ESA.  Critics caution that although these efforts have seen success, policy makers should not rely on this example to reduce the protections of the ESA.  Panelists discussed both arguments.

EPA Clean Power Plan: The EPA and the Obama administration have introduced a groundbreaking new policy that seeks to cut the nation’s carbon emissions from the power sector by 32% by 2030.  Does this reach too far beyond the scope of the CAA?

Technology and Environmental Litigation: Drones, satellites, data analytics?  This panel focused on how environmental attorneys are employing unexpected forms of technology in litigation both here in Louisiana and across the country.  Panelists described successes, failures, and describe new, cutting edge approaches being attempted currently.

Urban Farming: Urban farming is gaining traction in cities all over the country, but there is rarely regulation.  This panel discussed the zoning laws that are currently in place, and what future policy choices might look like.

National Security and Climate Change: Climate change is not only an environmental threat, but also a serious threat to domestic and international security. Congress and the President both possess the constitutional authority to plan for this growing national security threat, but at what point does the Commander-in-Chief have the power to directly combat climate change through executive order?

Local Sustainable Business—New Orleans: Is a “green economy” possible and really the next big thing? Panelists discussed the current and future role of “green” business in New Orleans.

The Environment and China: As China consumes ever-more fossil fuels, the government has begun to take stricter action to combat the environmental impacts of this growth. Experts debated how effective these new regulations have been and comment on potential future developments.

Cultural Cognition and Climate Change: What cultural factors drive individuals to form their beliefs about climate change? What roles do science, politics, sense of community, and self-identity play in this struggle? Experts weighed in on how policy can be informed by these factors.

International Water Rights: This panel offered a country-by-country comparison of water regulation, policy, and rights.  Often, these systems are tested when a nation is exposed by disaster and/or political strife.

Waters of the United States: After the release of the EPA’s new “Clean Water Rule” under the CWA, three federal circuit courts have come to three different conclusions about what constitutes “navigable waters.”  Much of the issue revolves around what Congress really intended navigable waters to mean.  The outcome of this debate will have major impacts on the regulation of both coal and fracking operations nationwide.

Journalism Panel: Two renowned local journalists gave insight on their careers and the relationship between journalism and environmental policy.  Clancy Dubos, political editor at the Gambit, and Bob Marshall, environmental editor at the Lens, discussed the increasingly prevalent crossroads between environmental and political journalism in southern Louisiana.

The Collapse of Louisiana Solar Tax Credits: In June, the Louisiana legislature capped the state solar tax credit.  Although a rush to get the last available credits created a boom over the summer, many businesses worry that the loss of the credit–among the most generous in the country–will see the citizenry turn away from solar.  Solar industry leaders debate whether the solar business can stand on its own two feet, or will crumble without the state credit.

BP and Anadarko: The penalty phase of the BP litigation has involved proposed penalties and settlements of unprecedented proportions under the CWA.  Anadarko, a 25% non-operating owner of the Macondo well, is still contesting a potential penalty of over $1Billion.  While much of the legal debate has centered on narrow, interpretive issues under the CWA, Anadarko also argues that penalizing them will negatively impact passive investment in future energy ventures across the United States.  Attorneys from both sides discussed both the narrow CWA issues and also whether Anadarko’s dire economic predictions have any merit.

COP21: Panelists discussed implications of COP21 on Louisiana and United States policy and law.

Environmental Advocacy in New Orleans: Leaders from 3 of the most involved and persistent environmental groups in New Orleans discussed their individual views of what is the most urgent and serious local environmental issue, and how to best address it.

The Summit also included a CLE Professionalism panel and a CLE Ethics panel.