THE GEORGE WA SHINGTON U NI V ER SIT Y L AW SCHOOL W I N T E R 2013
1 E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
Environmental AND Energy Law Perspectives
SPR I N G 2013
P E R S P ECT I VE S
The Policy Implications of Livestock’s Contribution to Climate Change Jessica A. Wentz, Visiting Associate Professor of Law and Environmental Program Fellow
1 1 3, 8 4 7 8 9 9 13
Perspectives Viewpoint What’s New PROFILES ACADEMICS RECENT EVENTS In Print NEWS FROM ELA Upcoming Events
V I EW P O I N T
GW Alumni with the Kirkland & Ellis Environmental Transaction Practice Group
lobal activities associated with the production, distribution, and consumption of livestock products represent a significant but often overlooked driver of climate change. In 2006, the Food and Agriculture Organization of the United Nations (FAO) conducted a life-cycle assessment of the global livestock sector, in which it estimated that livestock-related activities generated 7.1 million tons of CO2 equivalent each year, approximately 18 percent of anthropogenic greenhouse gas (GHG) emissions. The FAO also identified a range of other environmental impacts from livestock, including land degradation, water shortage, water pollution, and loss of biodiversity, and concluded that livestock production was among the most environmentally detrimental activities on the planet. See Policy Implicatons on page 2
he Environment and Energy Law Program is proud to recognize six GW alumni who form a large portion of Kirkland & Ellis LLP’s Environmental Transaction Group. Based in Washington, D.C., the group is the largest of its kind in the United States, and is recognized for its success in managing high-stakes matters involving major companies such as Chemtura and Tronox, as well as private equity funds such as Bain
See Viewpoint on page 10
P E R S P ECT I VE S
Policy Implicatons from cover
E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
The Intensification and Expansion of Livestock Production Systems
Over the past several decades, livestock production has expanded dramatically in response to increased global demand for livestock products. The FAO estimates that between 1967 and 2007 total meat production increased from 89 million tons to 266 million tons, total milk production increased from 382 million tons to 681 million tons, and total egg production increased from 18 million tons to 64 million tons.1 By 2050, the FAO predicts that global meat production will reach 463.8 million tons, and dairy production will reach 1,038.4 million tons.2 The primary drivers of increased demand for livestock products are population growth and income growth. Other drivers include urbanization, demographic shifts, and changing cultural preferences. In most developed countries, livestock consumption has already reached saturation levels at approximately 35 percent of total food consumption.3 However, the demand for livestock products is rapidly increasing in developing countries—particularly transition countries—where both population and per capita GDP are on the rise, and saturation levels have not yet been reached. In these countries, livestock production has more than tripled since 1980.4 In order to accommodate this growth, livestock production systems have expanded horizontally and vertically: The total area of land used for pastures and growing feed has expanded considerably, and production processes have simultaneously intensified in many
parts of the globe. As of 2006, the FAO estimated that the land used for growing feed and grazing livestock constituted 70 percent of the land used for agriculture and 30 percent of the surface area of the planet.5 The correlative environmental impacts have likewise expanded, both in terms of the magnitude and the nature of these impacts. Although intensified production systems are sometimes viewed as more efficient because they require less land than traditional grazing, they are also heavily dependent on external inputs, including fossil fuels, nitrogenous fertilizers, and imported feed, which must be produced offsite and transported to the system.6 Thus, the transition towards more concentrated and intensified production systems has increased, rather than decreased, the overall environmental impacts of the livestock sector.7
Calculating Emissions from the Livestock Sector
There is still significant uncertainty about the actual proportion of emissions that can be attributed to global livestock activities, with estimates ranging from 10 percent to 51 percent.8 It is incredibly difficult to accurately quantify global GHG emissions from livestockrelated activities, due to significant data gaps, the multitude of activities involved in livestock production, and the varied nature of livestock production systems across the globe. The FAO’s 2006 estimate that global livestock systems produce approximately 7.1 million tons of CO2 equivalent (18 percent of anthropogenic emissions) is still the most widely accepted figure. The emissions tallied by the FAO include CO2, methane (CH4), nitrous oxide (N2O), and ammonia that can be attributed to various stages in the livestock production process, including: 1. Methane released from the breakdown of fertilizers and from animal manure, 2. Land-use changes for feed production and for grazing, 3. Land degradation, 4. Fossil fuel used to produce mineral fertilizers used in feed production,
As livestock systems intensify and expand to meet demand, GHG emissions from livestock-related activities have and will continue to increase substantially. GHG emissions are generated throughout livestock production and supply chains, including the preparation of land for feed production and grazing; the production and transportation of inputs; enteric fermentation from livestock; the processing, distribution, and preparation of livestock products for human consumption; and the disposal and/or recycling of wastes associated with livestock production, particularly manure. In addition, the dedication of land for grazing systems represents a lost opportunity to sequester carbon, particularly in areas where forests are being cleared to make pastures.
5. Fossil fuel used during feed and animal production, 6. Fossil fuel used in the production and transport of processed and refrigerated animal products.9 Notably, the FAO estimate does not account for the lost sequestration opportunity in lands that were already dedicated to grazing and growing feed for livestock—it only includes emissions attributable to annual land use changes (e.g., the clearing of additional forest for grazing lands for feed crops).10
Mitigation Options and Challenges The options for mitigating emissions from the livestock sector can be broadly
W I N T E R 2013 Policy Implicatons from page 2
3 E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
divided in four categories: efficiency gains, direct mitigation actions, improvements to land management practices, and decreased consumption.
Efficiency Gains The FAO has recognized efficiency gains in the livestock sector as a key priority both to ensure international food security and to mitigate livestock’s environmental impacts. Such efficiency gains can be achieved through technological improvements as well as better management practices. For example, livestock keepers can increase their outputs by using selective breeding practices and feeding animals more nutrient-dense diets. Breed selection also has implications for efficiency, because monogastric species (pigs and poultry) require fewer inputs per unit of output than ruminant species (cows, goats, sheep). Monogastric species also produce less methane, and are thus the more environmentally friendly choice. Because enhanced efficiency provides economic benefits as well as environmental benefits, livestock keepers are likely to adopt efficiency measures in the absence of any informational or financial barriers. Regulators can promote efficiency through the use of informational campaigns, incentive and cost-sharing programs, and where necessary, mandates. In many developed countries, it may be sufficient for regulators to disseminate information about best practices. The U.S. EPA, for example, provides the following recommendations for improving production efficiency and reducing emissions: “improving grazing management; soil testing, followed by the addition of proper amendments and fertilizers; supplementing cattle diets with needed nutrients; developing a preventative herd health program; providing appropriate water sources and protecting water quality; and improving genetics and reproductive efficiency.11 However, cost-sharing programs, financial incentives, and technical assistance may be necessary where livestock keepers lack the economic capacity to adopt efficiency improvements. This is especially true in many developing countries, where
livestock systems are expanding rapidly, and where production tends to be much less efficient. In these countries, additional investments in livestock systems could result in dramatic economic and environmental benefits. There are some financing opportunities available through international institutions, such as the World Bank and the International Fund for Agricultural Development, which have undertaken initiatives to finance programs to improve livestock management and productivity in the developing world.
Direct Mitigation Some of the efficiency measures described above—such as intensifying animal diets and shifting breed choices—will also reduce the methane generated by livestock during enteric fermentation. In addition, emissions from the
livestock sector can be reduced through improved manure management and methane recovery systems. Finally, there are numerous opportunities to reduce emissions generated from fossil fuels burned at various stages of the livestock production process, including the production of feed and fertilizer, and the transportation of inputs to livestock production facilities, as well as the processing, transport and distribution of livestock products. With respect to mitigation measures that do not necessarily enhance productivity, it may be necessary to require the use of best practices or best available technologies. In the absence of regulatory mandates, voluntary programs can also be used to fill a regulatory gap. One such example in the United States would be AgSTAR, a “voluntary outreach and educational program that promotes the See Policy Implications on page 14
WHAT ’ s n e w
GW Law Joins the American Council on Renewable Energy (ACORE)
he Law School has become a member of ACORE, a 501(c) (3) nonprofit membership organization dedicated to building a secure and prosperous America with clean, renewable energy. ACORE’s work provides a common educational platform for a wide range of interests in the renewable energy community, focusing on technology, finance, and policy. The scope of ACORE’s membership spans all constituencies in the renewable energy sector, including financial institutions, government leaders, educators, end-users, professional service providers, and allied nonprofit groups. The organization
accomplishes much of its work by convening leading experts in each of these constituencies, publishing collaborative research, and facilitating communications among its members, their stakeholders, and the media. Membership in ACORE will help GW further expand the reach of its rapidly growing Energy Law Program. A GW Law student has already begun research work on trends in state renewable energy legislation as part of the Environment and Energy Law Practicum. The school also anticipates becoming actively involved in two of ACORE’s major projects, one of which involves the use of renewable energy by the Department of Defense, while the other deals with power generation and infrastructure. n
4 E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
environmental law and policy due to her broader interests in environmentalism and sustainable development. During her third year in particular, Ms. Stohr found a sense of community with Gonzaga’s environmentally-inclined student groups,
“...much of my success in the past year can be attributed to the high quality courses and professional opportunities made available by the experienced faculty and urban location of the university.” Whitney G. Stohr, LL.M. ‘12
hitney Stohr recently saw her work published in two major law journals. Her LL.M. thesis, “Coloring a Green Generation: The Law and Policy of Nationally Mandated Environmental Education and Social Value Formation at the Primary and Secondary Academic Levels,” has been published in the Journal of Law and Education, jointly edited by the law schools of the University of Louisville and University of South Carolina. Her second paper, “The Local Identity of Smart Growth: How Species Preservation Efforts Promote Culturally Relevant Comprehensive Planning,” was published in the January 2013 edition of the Environmental Law Reporter. A native of Washington state, Ms. Stohr developed an early interest in environmentalism through her interaction with nature and enjoyment of outdoor activities. She received a B.A. in political science with a minor in history from the University of Montana-Missoula in 2008, and a J.D. from Gonzaga University School of Law in 2011. While in law school, Ms. Stohr explored a variety of different legal topics including labor law, family law, and international human rights law. She enjoyed the complexities of interdisciplinary study, but found that she was especially interested in
and enjoyed participating in activities such as the Spokane River Clean Up and speaking in high school environmental science classes. As an LL.M. candidate at GW Law, Ms. Stohr concentrated in International and Comparative Law while maintaining her focus on environmental issues. She notes that her concentration allowed her to pursue a broad and flexible curriculum, and to explore the relationships between environmental law and other legal disciplines such as refugee law and homeland security. Ms. Stohr also enriched her education through participation in GW’s Pro Bono Legal Services Program, Environmental Law Association, and International Law Association. In fall 2011 she further explored the connection between international law and environmental issues while interning at the National Oceanic and Atmospheric Administration (NOAA), with the Office of National Marine Sanctuaries and General Counsel for International Law. In spring 2012 she interned with Senator Maria Cantwell (D-Wash.), where she had the opportunity to explore environmental issues such as urban planning and species preservation from a national policy perspective. Having earned her LL.M. degree, Ms. Stohr is now a visiting attorney at the Environmental Law Institute, where she works on the Post-Conflict
Natural Resource Management Project, an initiative that examines how to rebuild institutional capacity and resource management authorities in post-conflict settings around the world. She is also enrolled in a program through the University of Florida working toward an M.S. in forest resources and conservation with a concentration in ecological restoration. Ms. Stohr plans to continue pursuing a career in environmental law and policy. Although her future is yet untold, she values her time spent at GW Law and describes the LL.M. program as “top notch.” In just one year, she became an unrelenting advocate for her LL.M. alma mater: “GW Law offers an excellent environmental program, and much of my success in the past year can be attributed to the high quality courses and professional opportunities made available by the experienced faculty and urban location of the university.”
John Perkins, LL.M. ‘13 When he first studied law at the University of Arkansas, John Perkins did not intend to practice energy or environmental law. He had a B.A. in international business and wanted to learn about the legal aspects of business formation, corporate structures, and management. But after several years of practice in commercial litigation, he discovered that he particularly enjoyed working on environmental and energy-related matters, and decided to enroll in GW’s
W I N T E R 2013 Profiles from page 4
5 E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
LL.M. program in order to expand his knowledge base and prepare himself for a career in the energy field. Mr. Perkins worked at civil litigation firms in Texas and Arkansas before enrolling at GW Law. Much of his work centered on business disputes, patent litigation, and complex commercial matters—but he also had the opportunity to work on environmental matters, such as toxic tort defense, CERCLA claims, and disputes regarding genetically-modified crop contamination. While working at his second firm job in Arkansas, Mr. Perkins managed to make partner after only a year and a half. Although Mr. Perkins enjoyed his work with both firms, he found himself looking for something more out of his career. He began reading about the climate change debate and the need for renewable energy, and about the important role of lawyers in the environmental and energy sectors. While working at his second firm job, Mr. Perkins tried to get cases and clients that involved electric energy-related work. He contacted several utility companies to gauge their need for legal services. However, he quickly found that these clients and cases required lawyers with particular expertise in energy law and regulation. Nonetheless determined, Mr. Perkins contacted the heads of energy practice groups and other energy regulatory counsel to find out how to make the transition into energy law. He learned that there were two potential pathways open to him: either get an LL.M. degree in energy law, or find a position with a large public utility commission. Mr. Perkins opted for the LL.M. so that he could get a broader understanding of the issues before entering into this field. In particular, he wanted to gain knowledge in all relevant fields, including environmental law. Mr. Perkins enrolled in GW’s LL.M. program because he felt that GW offered a number of advantages relative to other schools. The law school’s location in the heart of D.C. was perfect for someone with an interest in energy law and renewable energy development. Resources available in the D.C. area also provided access to key agencies and institutions, such as FERC.
Of his time at GW Law, Mr. Perkins says that one of the great benefits has been the numerous networking opportunities offered by the school. He explains that the Symplicity job bank system used by the law school’s Center for Professional Development and Career Strategy was incredibly useful, and more generally, that he felt like “everyone wants to help you” with your career advancement. Mr. Perkins has also enjoyed the course offerings and the opportunity to take classes with adjunct faculty members, such as David Yaffe, a partner at Van Ness Feldman, and Sue Sheridan, a policy consultant in energy and environmental law, both of whom teach Energy Law and Regulation. Mr. Perkins has also found that his experience in the Environmental and Energy Law Practicum was valuable, because it allowed him to pursue his specific interest in energy law. For his Practicum project, Mr. Perkins conducted research on how local governments can form municipal electric utilities in order to provide renewable electricity to their residents. He provided his clients with valuable information about the regulatory requirements for establishing such utilities, and identified several different options for two specific municipalities that were eager to increase the renewable portion of their energy mix. Going forward, Mr. Perkins says his dream job is to help site and develop utility-scale renewable energy projects, either at a law firm or as in-house counsel for a renewable energy company or utility, or work with FERC helping to address the transmission constraints to renewable energy development. He is currently interning with FERC’s Office of Administrative Litigation, and hopes to learn more about the rate structures for transmission service and the wholesale electric markets.
Naysa Ahuja, LL.M. ’13 Naysa Ahuja came to GW Law from India with a passion for forest conservation and cooperative environmental governance. Before joining GW’s LL.M. Program, Ms. Ahuja worked with WWF– India on the conservation of high altitude wetlands and migratory species like
For her Practicum project, Ms. Ahuja will be working with the World Resource Institute’s The Access Initiative (TAI) assessing procedural rules from various countries and documenting best practices. black-necked cranes. She also worked as an associate at an Environmental Legal Defense Firm (ELDF), where she consulted entities such as the UNDP and national governments with environmental governance projects such as the revision of state forestry laws, the development of draft policy documents on sustainable use and harvest of Medicinal and Aromatic Plants, and other forest rights issues. Ms. Ahuja is particularly interested in how governments can work with local communities in order to conserve natural resources, particularly forest resources. She feels strongly that community inclusion and participation is a necessary component of sustainable development—a belief that is informed by her background in this field. Ms. Ahuja explains: See Profiles on page 6
Profiles from page 5
E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
“The Himalayas have been a great inspiration all my life. My constant interaction with forest and mountain communities during treks and volunteer work opened my eyes to the impact of any developmental work in a fragile ecosystem and on the livelihoods of local people. I worked under the former President of India, Dr. APJ Abdul Kalam, on right-toinformation campaigns to increase public participation in governance. Later, I started my own social enterprise called Trail Tales to develop ecotourism and volunteer tourism opportunities in the Himalayan region. This effort provided alternative sustainable livelihood opportunities to local communities and improved the medical, educational, and economic status in certain parts of the Himalayas. Forest rights, tribal issues, natural resource management, sustainable use and benefit-sharing of the biodiversity through sound governance, and clean energy are my main areas of interest.” Ms. Ahuja is currently pursuing her interest through involvement in the law school’s Environmental and Energy Law Practicum. For her Practicum project, Ms. Ahuja will be working with the World Resource Institute’s The Access Initiative (TAI), assisting with the development of a uniform code of administrative procedural rules that will help to achieve environmental justice and equity. Specifically, Ms. Ahuja will be assessing procedural rules from various countries and documenting best practices. Her research will lead to the drafting of a guidebook for countries seeking to improve their environmental justice and participation procedures. WRI also hopes to host a workshop to bring together relevant stakeholders and evaluate these issues in further depth. Ms. Ahuja notes that this is “an ambitious project that will not only provide an opportunity to conduct a comparative study of administrative laws of various countries, it will also contribute to international unification of environmental decision making procedures, which may lead to further negotiations of a new multilateral agreement.”
In the future, Ms. Ahuja hopes to use the knowledge and experience that she gains from her studies at GW to work with an organization that acts as a bridge between government and the public. Her short-term plan is to get involved in an intergovernmental organization to learn unique ways to use law as a tool for environmental justice and socio-economic development.
Shannon Huecker, J.D. ’13 Shannon Huecker grew up on a farm in a very small town in Indiana surrounded by family that included an environmental scientist, a zoology professor, and social workers, so it is no surprise that he developed an early passion for the study of humans and the environment. As an undergraduate at the University of Florida, Mr. Huecker majored in anthropology, but also took a number of sustainability courses and participated in UF’s sustainability club. After finishing his degree, he interned with E: the Environmental Magazine, and later worked as a freelance writer. His writing assignments exposed him to many different aspects of environmentalism, including green building and alternative transportation, which made him think about the incredibly important role that policy plays in shaping environmental outcomes and directing human behavior. Mr. Huecker eventually moved to D.C. to pursue his interest in
environmental policy. Although he originally contemplated getting a master’s in public policy, one of his best friends—a GW Law transfer student—encouraged him to consider law school instead. She recommended GW, in particular, because she felt that it was an especially “encouraging” environment with good professors and a strong sense of community. After sitting in on Professor Edward Swaine’s Contracts class, Mr. Huecker decided that GW was the right fit. Now in his third year at GW Law, Mr. Huecker serves as President of the Environmental Law Association (ELA). He describes his participation in ELA as one of his most rewarding experiences in law school. Mr. Huecker particularly enjoys organizing student events, such as tree plantings, camping trips, and other outdoor excursions; his favorite part is getting to watch other students experience such excitement and joy when they connect with nature for the first time. Mr. Huecker has also enjoyed the work he has done as an environmental lawyer-in-training. He spent his 1L and 2L summers conducting regulatory micro-grid research for Living City Block, a nonprofit whose mission is to “create and implement a replicable, exportable, scalable, and economically viable framework for the resource efficient regeneration of existing cities, one block at a time.” Last semester, while participating in the Environmental and Energy Law Practicum, Mr. Huecker had the opportunity to pursue his interest in policy making by preparing draft legislation for solar third-party power purchase agreements (PPAs). Going forward, Mr. Huecker says he would love to continue working on distributed generation issues, either with a private company or a nonprofit like Living City Block. In the long run, he is also interested in local or state government jobs, as well as environmental lobbying. He is uncertain about what the future holds, but eager to make his mark on the world. n
ACA DEERM2013 ICS WINT
7 E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
New Courses and Faculty Members International Environmental Governance
cott Fulton, former General Counsel of the U.S. EPA, will be joining the GW Law adjunct faculty this semester to teach a seminar on International Environmental Governance. Mr. Fulton has an extensive background in environmental law, having served as an environmental prosecutor and Assistant Chief in the Department of Justice, Environmental and Natural Resources Division, before joining the EPA’s enforcement program in 1990. Mr. Fulton has held a number of leadership positions at the EPA, including Principal Deputy Assistance Administrator in the Office of Enforcement and Compliance Assurance (OECA), Principal Deputy General Counsel, and General Counsel. He also served as a judge on EPA’s Environmental Appeals Board from 1999 to 2007.
Mr. Fulton’s seminar will focus on the implementation of environmental policies in other nations, with an emphasis on how procedural rules and institutional development facilitate the realization of substantive environmental norms. In particular, the class will explore how access to information, public participation in decision making, and the recognition of environmental “rights” are instrumental components of successful environmental governance. After a long career of government service, Mr. Fulton is excited to share his knowledge with students: “Having worked for years on environmental governance issues with the United Nations Environment Program and others, and having shared thinking on the topic with judges, prosecutors, and other legal practitioners around the world, I have long thought that it would be interesting to develop a course around the procedural dimensions to environmental law. I’m hoping that I can equip students to be part of the solution to the biggest obstacle to fulfillment of environmental aspirations around the world, and that is the failure of governance systems.”
Ms. Komatireddy’s course will provide an overview of oil and gas law, from its traditional roots in the common law of property and contracts, to more recent developments in administrative law and regulations. The course will also explore how the law has shifted from a focus on production to a concern for safety and the environment, and address new regulatory complexities that have arisen due to exploration in the eastern United States, hydraulic fracturing, and offshore drilling. When asked about the class, Ms. Komatireddy noted that “at a time when U.S. oil and gas production is booming and expanding geographically, oil and gas law is becoming increasingly salient. I’m thrilled to be able to teach this course and happy to see that so many students are eager to learn about this fascinating area of the law.” n
Oil and Gas Law This semester the Law School will begin offering its first course on Oil and Gas Law. The course will be taught by Saritha Komatireddy, an attorney at Kellogg, Huber, Hansen, Todd, Evans & Figel. Ms. Komatireddy has clerked at the U.S. Court of Appeals for the D.C. Circuit, and has also served as Counsel to the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.
R e c e n t EVE N T S
discuss opportunities and barriers to the deployment of Israeli advanced water technologies, and how companies seeking to commercialize their technologies, products, and services can access financing and markets in the United States and Israel.
8 E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
n the fall semester, GW Law’s Environmental and Energy Law Program hosted events spanning a range of important topics and current issues. On November 29 the law school hosted a panel discussion on “Israeli Advanced Water Technologies: Cutting-Edge Solutions for Global Water Challenges.” This event brought together members of the Environmental Law Institute (ELI), the Jewish National Fund, the Embassy of Israel, and ZAG S&W (an international law firm) to
On December 11 and 12 the law school co-hosted a workshop in cooperation with the EPA’s Office of Enforcement; UC Berkeley’s Center for Law, Energy & the Environment and the Goldman School of Public Policy, Center for Environmental Public Policy; and ELI. The focus of the workshop was “Next Generation Environmental Compliance: Improving Compliance with Regulations through Regulation Structure and Advanced Technology.” Scholars, policy makers, and other experts came together to present EPA’s Office of Enforcement with an in-depth assessment of innovative
enforcement and compliance opportunities. The discussion covered a range of issues including how social factors influence compliance, how technology can be used to improve compliance, the effectiveness and reliability of self-reporting and third-party verification systems, and how the relationship between regulators and regulated entities can be improved.
GW Law also hosted several events in conjunction with the World Bank’s Law, Justice, and Development Week (December 10–14). These events included an evening reception featuring Hernando de Soto, President of the Institute for Liberty and Democracy, as a special guest speaker. In addition, the law school hosted an informal meeting of the World Bank’s Thematic Working Group on Natural Resources and Environment, as well as a presentation on “Courts, Rule of Law and the Environment.” n
WHAT ’ s n e w
Students Finding Opportunities through E&E LinkedIn Site
orbes.com recently published an article outlining the value of social media sites like LinkedIn. (“Recruiters Say: Avoid LinkedIn At Your Peril”). It is no surprise that the number of lawyers, law firms, and legal organizations that actively use LinkedIn has exploded in the past five years. Indeed, a market has even arisen for training programs and books that instruct legal professionals on how to take advantage of the benefits of LinkedIn (e.g., LinkedIn and Blogs for Lawyers:
Building High Value Relationships in a Digital Age by Adrian Dayton and Amy Knapp). The bottom line for law students is that maintaining a LinkedIn profile and actively engaging in the networking medium can provide significant benefits, especially early in one’s career. As noted by adjunct faculty member Debra Jacobson, LinkedIn allows people to keep in touch with existing connections, revitalize relationships with old colleagues, and share information about recent publications and other achievements with a broad audience. GW Law’s Environmental and Energy Law Program maintains its own
LinkedIn group, which the program uses to update students on current events and to connect them with key opportunities, including job openings, events, and competitions. Some of the most recent opportunities have included a notice of the ELI Constitutional Environmental Law Competition, job openings with Solar One, and information about webinars hosted by the ABA Renewable Energy Committee and the American Council on Renewable Energy. We encourage all students and alumni to consider joining the group and taking advantage of its networking features: bit.ly/linkedin_gwlaw_eelaw. n
W RT2013 I NI N PT RE IN
E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
“How the United States Can Improve Energy and Climate Policies” (with Daniel C. Esty), World Financial Review, July/August 2012.
“Generating Green Growth and Jobs in G8 Countries,” in Barack Obama et al., “The G8 Camp David Summit 2012: The Road to Recovery,” 66–67 Munk School of Global Affairs, May 2012.
“Organizing for the Green Economy: What an International Green Economy Organization Could Add,” 44–47 Journal of Environment and Development 21, March 2012.
“Green Rules to Drive Innovation” (with Daniel C. Esty), Harvard Business Review, March 2012.
Robert L. Glicksman •
Modern Public Land Law in a Nutshell (4th ed. West) (2012.)
“Governance of Public Lands, Public Agencies, and Natural Robert L. Resources,” The Glicksman Law of Adaptation to Climate Change: U.S. and International Aspects (ABA Michael B. Gerrard & Katrina F. Kuh, eds., 2012).
“Protecting People and the Environment by the Stroke of a Presidential Pen: Seven New Executive
Orders for President Obama’s Second Term,” Center for Progressive Reform Issue Alert #1215” (with Sinden, Steinzor, Shudtz, Goodwin, and Patoka) www. progressivereform.org/articles/Stroke_of_ the_Pen_1215.pdf, December 2012.
Two releases to the four-volume treatise, Public Natural Resources Law.
Richard J. Pierce Jr. •
“Natural Gas Fracking Addresses All of our Major Problems,” GW Journal of Energy and Environmental Law (forthcoming, May 2013).
Richard J. Pierce Jr.
N EW S F R O M E L A
Shannon Huecker, J.D. ‘13 ELA President 2012–13
he GW Environmental Law Association is in its 43rd year, and going strong. In the fall semester, ELA kicked things off by inviting all GW Law students to go kayaking on the Potomac River. About 30 students met on a beautiful fall day at Jack’s Boathouse (for what may be the last time—the National Park Service is attempting to cancel the Boathouse’s lease). Students were given up to two hours to explore in their kayaks. After dodging the competitive rowing teams that take off from right next to the
boathouse, we were able to go up and down both sides of the Potomac, and to explore rock formations in the middle of the river. After we docked our kayaks, we went to Jack’s patio area and grilled hot dogs and hamburgers for everyone. Several participants were international students in the LL.M. program, and I learned that for some of them, this was the closest they had been to experiencing nature in America. For that matter, it was the first time most of the students had been kayaking or canoeing. Helping these students to have such a meaningful experience was extremely rewarding. ELA’s other major event of the fall semester was a career panel co-hosted by the D.C. Bar Environment, Energy and Natural Resources Section. Our speakers were Greg Buppert, Defenders of Wildlife; David John Frenkil, Van Ness Feldman, LLP; Emily Hildreth, U.S. Small Business Administration; and Stephanie Yu, EPA Environmental Appeals Board. The event was a tremendous success, and
some students have told me they were able to use contacts made at the panel to find internships. So far in the spring semester, ELA has hosted speakers Max Luke of the Breakthrough Institute, and Professor David M. Driesen of Syracuse University. We will also host our annual end-ofyear camping trip in the Shenandoah Mountains. However, our crowning event this semester is Sustainability Week, from March 18–23. Each day we will present events centered on a different aspect of sustainability: sustainable and local agriculture, recycling, climate change, energy efficiency, and volunteer opportunities. We will have tables set up in the school to answer student questions. Also as part of Sustainability Week, ELA will host a networking event, a plant-potting event, an energy career panel, and a tree-planting event. We look forward to finishing our year strong, and hope you will join us! n
V I EW P O I N T
Viewpoint from cover
E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
“...learning the nuts and bolts of the environmental statutes [will] position you well for a career whether you opt for a litigation/enforcement focus or a more transactional focus...” Walter Lohmann, J.D. ‘83
Back row (l–r): Christian Semonsen, Brian Land, Sara Webber. Front row (l–r): Alexandra Hollinger, Walter Lohmann, Lauren Mitchell-Dawson.
Capital, Madison Dearborn Partners, and Sun Capital. Law360 recognized the group as one of the “Environmental Groups of the Year” in 2011, and named the head of the group, Walter Lohmann, J.D. ‘83, as one of its “Environmental MVPs.” The group has also been recognized by Chambers and Partners and Legal 500 for excellence in transactional practice. The group handles a range of transactions, including public company deals, private equity deals, and international purchases and sales. The transactions typically require environmental due diligence of all types of businesses, with facilities in the United States and other countries. For example, the group recently conducted due diligence on behalf of its client, ABB Ltd., for the $4.2 billion acquisition of Baldor Electric Company. The group also assists companies with bankruptcy proceedings and restructuring. It recently brokered a number of clean-up deals with state and federal environmental regulators, property owners, and others on behalf of Chemtura, a major chemical manufacturing company, in order to help the company successfully restructure after it filed for bankruptcy in 2010. In an interview with Law360, Walter Lohmann noted that the group
“proactively settled a huge number of claims in a way that gave Chemtura a fresh start when it emerged” while also ensuring that resources would be set aside for continued remediation at contaminated sites. The six GW alumni who are part of the practice group all seem to agree that transactional work is very rewarding. Unlike litigation, it does not require lawyers to “take a side”—rather, the group members feel they can help both the environment and their business clients by identifying environmental problems before they arise, allocating environmental risks and liabilities between companies in an equitable manner, and resolving disputes outside of the courtroom. Given how much they enjoy this work, the group members encourage students to consider transactional work, and have expressed an interest in continuing to recruit GW students and alumni (interested students can contact Dean Paddock about internship and networking opportunities). The GW alumni profiled here talk about how they came to join the practice group, why they appreciate transactional work, and what advice they have for students who are interested in this field.
Walt Lohmann, the leader of the Kirkland group, worked at Pacific Lighting Corporation the summer after his second year, and then for four years after graduating. Mr. Lohmann explains that he did not necessarily intend to become an environmental lawyer while studying at GW Law—although he did enjoy Professor Reitze’s Environmental Law I and II courses (two of the few courses in the subject offered at the time). Rather, Mr. Lohmann’s initiation into this field consisted of his employer telling him that an environmental lawyer had just resigned and that HE was going to be an environmental lawyer. He arrived at Kirkland in 1987 as a lateral, and as the first lawyer focusing exclusively on transactional environmental work. In the years since he joined Kirkland, the group has grown from just a couple of lawyers to approximately a dozen attorneys. Mr. Lohmann particularly enjoys working with and training younger lawyers in his practice group. He also appreciates the relationships that he has maintained with long-term clients. He recommends transactional work for those students who are interested in environmental law, but not necessarily interested in litigation. When asked if he had advice for students who may wish to follow a similar career path, Mr. Lohmann noted that students should “really focus on learning the nuts and bolts of the environmental statutes” as this will “position you well for a career whether you opt for a litigation/enforcement focus or a more transactional focus such as that taken by our group.”
W I N T E R 2013 Viewpoint from page 10
Brian Land, J.D. ‘89
E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
Brian Land graduated from Washington University in Saint Louis in 1983, with a B.S. in engineering and public policy. He then came to Washington, D.C., where he worked as a researcher at the Congressional Office of Technology Assessment and then in an analyst position at the American Consulting Engineers Counsel (ACEC) Research Foundation, where he worked on environmental projects, including helping engineering firms position themselves for hazardous waste and Superfund cleanup work. Mr. Land developed an interest in environmental law and enrolled at GW as an evening student while continuing his work at ACEC. Mr. Land chose to attend GW Law because of its strong environmental law program, which at that time was spearheaded by Arnold Reitze. Although the program was much smaller than it is today, it nonetheless provided a diverse curriculum as well as opportunities for placements and networking. Mr. Land recalls taking Professor Reitze’s Environmental Law I and II classes, and a RCRA/CERCLA class taught by Lisa Friedman, who was then the assistant general counsel at EPA. He worked as a summer associate at both Beveridge & Diamond and Kirkland. After graduating in 1989, Mr. Land accepted an offer to work as an associate at Kirkland. Initially, he worked on Superfund matters, and had the opportunity to depose several waste haulers and landfill operators. He eventually shifted his focus to environmental transaction work and became an integral part of the transaction team. He has now worked at Kirkland for 24 years, during which time he has also observed the transactional group grow from a small practice into a robust team of 12 lawyers. Mr. Land appreciates the nature of transactional work, and the variety of matters that his team handles. He explains: “Transactions generally have a much shorter timeline than litigation matters, so we have the opportunity to work on a variety of matters each year. This includes all types of businesses and industries, operating in different jurisdictions in
the United States and in other countries. I also enjoy the fact that in most transactions, there is a win-win result, rather than a winner and loser. And, a transaction frequently creates the opportunity to identify and remedy environmental issues, which is very satisfying.” With respect to students who are interested in this field, Mr. Land notes that it is important to develop a strong understanding of environmental statutes and regulations: “Our practice involves clients who are buying, selling, and investing in all types of industries operating in many different jurisdictions. It is necessary to be able to identify and assess environmental issues that may be associated with those operations and jurisdictions. The issues may relate to contamination, regulatory compliance, waste disposal, former properties, or products. It is beneficial to have a breadth of knowledge of the regulatory requirements and possible liabilities in all of those areas.”
“Transactions generally have a much shorter timeline than litigation matters, so we have the opportunity to work on a variety of matters each year.” Mr. Land also notes that students should be prepared to work at a relatively quick pace—because transactional issues are typically resolved much more quickly than litigation, it is “necessary to be able to identify, assess, and negotiate a remedy or a protection for the client in a relatively short timeframe.”
Christian Semonsen, J.D. ‘99 Christian Semonsen worked for several years prior to law school as an environmental consultant, and he knew that he wanted to pursue a career in environmental law. He was attracted to GW because of the school’s extensive environmental course offerings as well as its location in D.C. and opportunities
to work at government agencies such as the EPA and the Department of Justice. Mr. Semonsen found that GW Law was a “great fit” for his interests. He points to J.B. Ruhl’s class on Environmental Issues in Business Transactions as “eye-opening” and very unique, as GW is one of the only law schools that offers a course focused on environmental transactions. He still keeps the textbook in his office, and says GW provided great preparation for his future career and helped him start his practice at Kirkland way ahead of the curve. Mr. Semonsen has been at Kirkland for 12 years and finds the field of environmental transactions to be quite rewarding. He enjoys helping clients understand environmental risks and providing “real world” practical advice on what can be done in the deal context. Mr. Semonsen notes that this field appeals to some environmental attorneys (himself included) because it is politically neutral. Rather than focusing on “good guys” versus “bad guys,” environmental transaction lawyers focus on how to manage risks and reach agreement. Mr. Semonsen adds that, “if you want to go to battle, this is probably not for you.” But for students who are interested in private practice and want to focus on environmental issues, Mr. Semonsen recommends this field as a great alternative. Mr. Semonsen also has a variety of advice for environmental law students. He recommends that students keep an open mind about what the practice of environmental law means. Climate change, for example, looms large in perceptions of what environmental lawyers do, while transactions is a thriving but overlooked area. Mr. Semonsen also recommends focusing on practical learning opportunities, developing solid research and writing skills, and taking advantage of GW’s many offerings taught by actual practitioners. He suggests that students interested in this field take as many classes as possible to understand the “nuts and bolts” of the environmental statutes but also Contracts, Corporations, and Bankruptcy to gain an understanding of how environmental issues are situated in a broader context.
See Viewpoint on page 12
V I EW P O I N T
Viewpoint from page 11
E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
Sara Webber, J.D. ‘04 Sara Webber graduated from Cornell University in 2001 and matriculated to GW Law the following year. She knew that she wanted to practice environmental law when she arrived at GW, and pursued her studies accordingly. Among the environmental courses she recalls are Environmental Law, Land Use Law, and Environmental and Toxic Torts. She was a member of GW’s environmental law journal, which at that time was The Environmental Lawyer.
“On any given day I may be working on acquisitions, divestitures, financings, securities offerings, leases, environmental insurance, etc.” Ms. Webber initially gravitated toward government and public interest positions and spent her 1L summer as a law clerk at the Environmental Enforcement Section of the Department of Justice. During her 2L summer, she clerked at EPA’s Office of Administrative Law Judges. After graduating, she accepted a public interest fellowship with the National Whistleblower Center, where she trained as a litigator, representing environmental and FBI whistleblowers in federal court cases. Toward the end of her fellowship, she realized that she was interested in work that did not involve litigation and began looking for alternative options in the environmental law field. She applied for a job with the Kirkland group. Now, just over seven years later, she is a partner in the group. Ms. Webber explains that she enjoys transactional work and would encourage students to consider this practice area for a number of reasons: She enjoys the fast-paced nature of transactions, as well as the great variety of projects and issues that her practice addresses. She notes
that, “on any given day I may be working on acquisitions, divestitures, financings, securities offerings, leases, environmental insurance, etc.” and that “every business is different and comes with its own set of environmental issues.” Most importantly, Ms. Webber appreciates the opportunity to identify and correct environmental issues in a proactive manner—during the course of transactions—rather than defending past actions in litigation. Ms. Webber believes that GW Law is a great place to be if you want to enter into the field of environmental law because it “offers a fantastic program… with extensive course offerings taught by professors and practitioners” as well as other practical opportunities, such as the Journal of Environmental and Energy Law and the Environmental and Energy Law Practicum. In addition, GW’s location in D.C. presents a “myriad of opportunities for finding summer and permanent positions in the field.” Ms. Webber recommends that students interested in this field should take relevant courses, particularly Environmental Issues in Business Transactions, and should seek out a summer position with a firm like Kirkland that has a strong environmental transactional practice.
Alexandra Hollinger, J.D. ‘09 After earning an undergraduate degree in environmental engineering from Cornell, Alexandra Hollinger enrolled at GW Law intending to focus her studies on environmental law. She clerked at the DOJ’s Environment and Natural Resources division during her 1L summer. Her intern coordinator at the DOJ, Tara Bahn, ended up taking a position with the Kirkland & Ellis Environmental Transaction Practice Group, and introduced Ms. Hollinger to the group during the fall recruiting process. Ms. Hollinger then summered with the group, found that she really enjoyed the work, and ultimately accepted a full-time position with Kirkland after graduation. While in law school, Ms. Hollinger found that GW provided the flexibility that she needed in order to succeed in this field—specifically, by allowing her to pursue practical work opportunities while engaging in her academic studies.
In addition to her DOJ clerkship, Ms. Hollinger clerked with Earthjustice and conducted research on the Endangered Species Act for the late Professor Jamie A. Grodsky. She also took a number of particularly useful courses, including Environmental Issues in Business Transactions and International Environmental Law. Ms. Hollinger notes that the “diversity and flexibility of the program [provided] endless opportunities for academic and career development.” At Kirkland, Ms. Hollinger particularly enjoys the collaborative nature of transactional work, as it involves “working with other practice groups (i.e., corporate, real estate, bankruptcy, finance) within Kirkland, as well as clients, lenders, purchasers/sellers, and opposing counsel to negotiate and properly close a transaction.” She also notes that, unlike litigation, the group and its clients often have the same interest as the opposing party: “to get the deal done!” She also finds it very rewarding after the deal closes, when she helps clients to remedy contamination and compliance identified during a transaction. With respect to students interested in this field, Ms. Hollinger recommends taking as many classes and pursuing as many internships in the environmental law field as possible, and also suggests taking Bankruptcy, Administrative Law, and Corporations to prepare for transactional work.
Lauren Mitchell-Dawson, M.A. ‘92 Lauren Mitchell-Dawson is the dedicated Environmental Legal Assistant for Kirkland’s Environmental Transaction Practice Group. Prior to joining Kirkland, she worked for Commerce Clearing House (CCH) as a research specialist obtaining data and relevant documents from federal agencies for lawyers all over the United States. She notes that she always had an interest in environmental issues, and during her time at CCH, she focused on information issued by and submitted to the EPA and FERC. While working full time with CCH, she enrolled as an evening student in GW’s
W I N T E R 2013 Viewpoint from page 12
13 E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
Environmental and Resource Policy (ENRP) master’s degree program. She was attracted to the program because it was interdisciplinary, covering multiple fields of study such as law, science, economics, and public policy. She was also attracted to the diverse faculty and peer group, which included seasoned professionals as well as young graduate students. Soon after starting the ENRP program, she accepted a paralegal position at Kirkland, where she assists the transactional group with due diligence, research for counseling, and related projects. Ms. Mitchell-Dawson finds transactions to be particularly interesting because they require the group to solve “mysteries” about a company’s environmental and/or transactional history and
holdings. She also finds that transactional work allows her to work simultaneously on multiple deals, which may require similar work, but which also involve a range of different environmental issues; thus, the work is never boring. Finally, Ms. Mitchell-Dawson believes transactional work is “more satisfying than litigation because both the buyer and the seller generally want to facilitate the timely and proper closing of the deal.” For students who are interested in this field, Ms. Mitchell-Dawson recommends having some relevant practical or work experience before focusing on a field of study, as this typically helps students gain more from the program itself as well as from their interaction with fellow students. n
Environmental Perspectives Environmental Perspectives is published biannually by the Environmental and Energy Law Program at The George Washington University Law School. Editor Lee Paddock, Associate Dean for Environmental Studies Assistant Editor Jessica Wentz
U P CO M I N G EVE N T S
Send questions or comments to: Lee Paddock firstname.lastname@example.org 202.994.0417 The George Washington University Law School Environmental and Energy Law Program 2000 H Street, NW Washington, DC 20052 email@example.com www.law.gwu.edu/environmental bit.ly/linkedin_gwlaw_eelaw
Sustainable Energy Symposium
W Law will hold its annual J.B. & Maurice C. Shapiro Environmental Law Symposium on April 10 and 11. This year’s topic is “Laying the Foundation for a
Sustainable Energy Future: Legal and Policy Challenges.” Co-sponsors include Husch Blackwell, the Environmental Law Institute, and the Constellation Energy Foundation. The symposium will bring together a variety of scholars and practitioners, including industry experts and regulators, to discuss how we can establish a framework for sustainable energy development in the United States.
Some key areas of discussion will include capital deployment, technology development, and public policy changes that are critically needed to produce a more sustainable energy supply system by 2030. Registration for the Symposium will open in March 2013. For additional details, please visit: www.law.gwu.edu/ gwl/sustainablefuture or contact Jessica Wentz, firstname.lastname@example.org. n
P E R S P ECT I VE S
Policy Implications from page 3
E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
recovery and use of methane from animal manure.”12 AgSTAR is a collaborative effort between the EPA, the Department of Agriculture, the Department of Energy, and industry representatives.The purpose of the program is to encourage livestock keepers to install and use biogas recovery systems with anaerobic digesters that capture and combust biogas to produce electricity, heat, or hot water. To this end, AgSTAR provides information and tools to assist producers in evaluating and implementing these systems. AgSTAR also provides farm recognition for voluntary environmental initiatives.13 As noted above, some form of financial assistance will be necessary to facilitate efficiency gains for livestock systems in the developing world. This is also true for mitigation measures. The UN Framework Convention on Climate Change’s Clean Development Mechanism (CDM) provides one potential avenue for financing. There are already a number of CDM projects in the livestock sector, most of which focus on improving manure management and installing biogas recovery systems.
“Before attempting to limit consumption through taxes or mandates, it may be necessary to focus on shifting the values and perceptions of consumers.” National governments can also promote mitigation actions in the livestock sector by linking such actions to their carbon markets. Australia’s “Carbon Farming Initiative” exemplifies how a national government can offer carbon credits to promote efficiency, better land management practices, and reduced production of livestock products. The initiative “allows farmers and land managers to earn carbon credits by storing carbon or reducing greenhouse gas emissions on the land.”14 Those credits can then be sold to businesses as carbon
offsets. Some of the eligible activities include removing livestock from land and allowing it to regenerate vegetation; managing the timing and the extent of grazing; capturing and combusting methane from livestock manure; reducing emissions from ruminants by manipulation of their digestive processes; applying urease or nitrification inhibitors to, or with, livestock manure or fertilizer; and implementing any “sequestration offsets projects” that remove carbon dioxide from the atmosphere by sequestering carbon in living biomass, dead organic matter, or soil.
Improved Land Management Studies have shown that properly managing grazing land and improving pastures can have dramatic effects on the storage of carbon in soil. Techniques that can restore soil quality and enhance organic carbon sequestration include reducing grazing intensity, managing nutrients, introducing different species of grass, and “bush fallowing” (i.e., permitting natural vegetation to grow without grazing or biomass removal). Governments can promote better land management practices through the imposition of land-use regulations or, at the local level, zoning requirements. Incentive programs may also be suitable in this context—for example, payments for ecosystem services can be used to promote ecological stewardship. This approach has been endorsed by the FAO as a way of protecting the livelihoods of livestock keepers while also reducing environmental degradation associated with unsustainable grazing practices.15 Finally, as exemplified in Australia’s “Carbon Farming Initiative,” improved land management practices can be incentivized by linking such practices to carbon markets.
Decreasing Consumption The most effective way to mitigate emissions from the livestock sector is to decrease consumption, particularly in developed countries where consumption is already quite high. This would reduce the size of herds as well as the land
required for growing feed and grazing. Many experts agree that addressing consumption is imperative, because even the widespread adoption of other efficiency and mitigation measures cannot reduce the emissions and other environmental impacts of livestock to sustainable levels.16 Moreover, reducing the consumption of livestock products in developed countries would also have significant public health benefits, such as a reduction in heart disease, cardiovascular problems, and obesity.17 The opposite holds true in most developing countries, where livestock products are an important source of calories, protein, and other nutrients. This is a sensitive issue for many countries, as well as international organizations like the FAO, which fear that policies to reduce consumption may threaten food security and livelihoods among the world’s poor. Thus, one key challenge is how to reduce livestock consumption in developed countries without compromising the nutritional needs of the poor. Another key concern relates to the issue of leakage: If developed countries successfully regulate livestock in a way that decreases domestic production, then there will be an opportunity for producers in developing countries to fill that gap. This would be problematic because production systems in developing countries are generally less efficient than those in developed countries. At least one study has identified a significant prospect for leakage if stringent policies are adopted in developed countries.18 Changing the tax and subsidy structure for the livestock industry in developed countries will be a crucial first step. Some scholars have called upon developed countries to remove all subsidies to the livestock industry, and to implement a carbon tax on animal products, paralleling the current tax on fuel in many developed countries.19 Because it would be incredibly difficult to monitor upstream emissions from livestock production, such a tax could be imposed downstream—at the consumption level—to dissuade consumers from purchasing livestock products when they have cheaper alternatives. This would also eliminate
W I N T E R 2013 Policy Implications from page 14
15 E n v i r o n m e n t a l a n d E n e r g y LA W P E R S P E C TIV E S
concerns about leakage, since the tax would presumably be imposed on both domestic and imported products. Unfortunately, the political feasibility of such a proposal is questionable, especially in countries where consumers are already accustomed to purchasing large quantities of inexpensive meat and dairy products. Before attempting to limit consumption through taxes or mandates, it may be necessary to focus on shifting the values and perceptions of consumers. One approach would be to educate consumers about the environmental impacts of livestock products—however, there is evidence that even educated consumers are unlikely to change their eating habits in response to environmental concerns.20 It may be more effective to educate people about the health benefits of consuming less meat
and dairy, since people tend to respond more strongly to concerns about their personal well-being.21 There is also evidence that consumers tend to adopt more sustainable behaviors once those behaviors are perceived as social norms or moral obligations.22 Law and policy can play a critical role in the development of such norms, to the extent that they promote awareness of social problems and dictate socially acceptable behavior. Non-governmental efforts, including information campaigns and outreach programs, can also influence individual perceptions of norms and obligations.
Conclusion Given the magnitude of livestock’s current environmental impacts,
and projected growth in global livestock production, there is an “urgent need to develop suitable institutional and policy frameworks at local, national, and international levels.”23 Such frameworks should encourage efficiency, mitigation, and better land management practices, but must also promote sustainable levels of production and consumption. An important first step will be to ensure that emissions reductions from the livestock sector qualify for credit under voluntary and mandatory emissions trading schemes, as this will encourage livestock keepers to improve their efficiency and reduce emissions. However, adequately addressing the consumption problem may require the adoption of more targeted policies, such as a carbon tax on livestock products.
Notes 1 FAO, World Livestock 2011: Livestock in Food Security (2011) at 14. 2
Id. at 79.
Sanderine Nonhebel and Thomas Kastner, “Changing Demand for Food, Livestock Feed and Biofuels in the Past and in the Near Future,” 3 Livestock Science 139 (2011). 4 Philip K. Thornton, “Livestock Production: Recent Trends, Future Prospects,” 2853 Philosophical Transactions of the Royal Society 365 (2010). 5 FAO, Livestock’s Long Shadow: Environmental Issues and Options (2006). 6 Anthony J. McMichael, John W. Powles, Colin D. Butler, Richardo Uauy, “Food, Livestock Production, Energy, Climate Change, and Health,” 5 Energy and Health 1253 (2007). 7
FAO (2006), supra note 5.
Mario Herrero et al., “Livestock and Greenhouse Gas Emissions: The Importance of Getting the Numbers Right,” 166–167 Animal Feed Science and Technology 779 (2011). 9 10
FAO (2006), supra note 5, at 86.
Robert Goodland and Jeff Anhang, Livestock And Climate Change: What if
the Key Actors in Climate Change are Cows, Pigs, and Chickens? Worldwatch Institute (2009). 11
U.S. Environmental Protection Agency, “Frequent Asked Questions,” www.epa.gov/rlep/faq.html.
12 U.S. EPA, “AgStar: An EPA Partnership Program,” www.epa.gov/agstar/. 13
Australian Government, Department of Climate Change and Energy Efficiency, “Carbon Farming Initiative,” www.climatechange.gov.au/cfi.
FAO, “Livestock Keepers: Guardians of Biodiversity,” Animal Production and Health Paper No. 167 (2011).
See, e.g., McMichael et al. (2007), supra note 6; Nathan Pelletier and Peter Tyedmers, “Forecasting Potential Global Environmental Costs of Livestock Production 2000–2050,” 107 Proceedings of the National Academy of Sciences 18371 (2010).
Siwa Msangi and Mark W. Rosegrant, “Feeding the Future’s Changing Diets: Implications for Agriculture Markets, Nutrition, and Policy,” Paper No. 3, 2020 Conference: Leveraging Agriculture for Improving Nutrition and Health, February 10–12, 2011; New Delhi, India.
Alla A. Golub et al., “Global Climate Policy Impacts On Livestock, Land Use, Livelihoods, And Food Security,”1 Proceedings of the National Academy of Sciences 10.1073 (2012).
19 Robert Goodland, “Environmental Sustainability in Agriculture: Diet Matters,” 23 Ecological Economics 189 (1997); Stefan Wirsenius and Fredrik Hedenus, “Policy Strategies for a Sustainable Food System: Options for Protecting the Climate,” The Meat Crisis: Developing More Sustainable Production and Consumption (Joyce D’Silva and John Webster, eds., 2010). 20 Matthew Cole et al., “Animal Foods and Climate Change: Shadowing Eating Practices,” 33 International Journal of Consumer Studies 162 (2009). 21 Andrew Joyce et al., “Reducing the Environmental Impact of Dietary Choice: Perspecticves from a Behavioral and Social Change Approach,” 2012 Journal of Environmental and Public Health, Article ID 978672 (2012). 22 Christie Manning, “The Psychology of Sustainable Behavior,” Minnesota Pollution Control Agency Document No. p-ee1- 01(2009). 23
FAO (2006), supra note 5, at xxiv. n