Environmental and Energy Law Perspectives

T H E GEORGE WA SHI NGTON U N I V ER SIT Y L AW SCHOOL

ENVIRONMENTAL AND ENERGY LAW

Perspectives

PROGRAM ESTABLISHED 1970

NEWS

Dean Dayna Bowen Matthew Guides GW Law Toward an Equitable Future Dayna Bowen Matthew, Dean and Harold H. Greene Professor of Law

FALL 2020 ISSUE NEWS 1, 6–7 EVENTS 2–3, 14 TRANSITIONS 4–5 ACHIEVEMENTS 8–9 FACULTY PUBLICATIONS AND PRESENTATIONS 10–13 ANNOUNCEMENTS 14

NEWS

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e are delighted to introduce our new Dean, Dayna Bowen Matthew, an accomplished civil rights lawyer, nationally recognized expert in health equity and public health policy, co-founder and inaugural director of UVA’s Equity Center, and 2015 Senior Adviser to the Director of the Office of Civil Rights for the US Environmental Protection Agency. At EPA, she expedited cases on behalf of historically vulnerable communities besieged by pollution.

As Dean Matthew said upon her arrival this summer, “Since its founding in 1865, at the close of the Civil War and at the start of Reconstruction, GW Law has been uniquely positioned to train leaders committed to bridging the country’s great divides. Together, with its renowned faculty, dynamic students, influential alumni and dedicated staff, I look to provide a preeminent space for civil

discourse, constructive collaborations, and innovative thinking that will advance society’s progress toward addressing the most difficult problems through law.”

On October 14, at the invitation of the Environmental Law Societies of both GW Law and Howard University School of Law, Dean Matthew held a “fireside chat” with Dr. Carlton Waterhouse, an expert in national and international environmental law and reparations.

The two leaders had an eloquent and riveting conversation delving into the racist roots of US capitalism, environmental justice and healthcare equity, true reparations, and legal impediments to achieving equity. The video of their inspiring and challenging conversation can be accessed here. We look forward to working with Dean Matthew on a new vision for the Environmental and Energy Law Program. n

Senior Associate Dean Emily Hammond Receives SBA Distinguished Dean Award

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t the May 2020 GW Law Commencement ceremony, the Student Bar Association (SBA) presented Jeffrey and Martha Kohn Senior Associate Dean for Academic Affairs Emily Hammond the Distinguished Dean Award. Senior Associate Dean Hammond was recognized for their support of the SBA and their devotion of significant amounts of time, energy, and expertise to furthering the SBA mission.

Senior Associate Dean Hammond is the Glen Earl Weston Research Professor at GW Law and is a national expert in energy law. n

EVENTS

Events The 50th Anniversary of GW Law’s Environmental and Energy Law Program Continues

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tarting in Fall 2019, the GW Environmental and Energy Law Program launched its 50th anniversary with exciting conferences, events, and conversations on the theme of “Reimagining Environmental Law.” With a pause for COVID-19, we will be continuing that theme into Spring 2021.

In September 2019, former EPA Administrator William K. Reilly kicked off our 50th anniversary celebration with a powerful keynote address on the theme “Can America Still Do Big Things?” followed by a lively panel discussion with Emily Hammond, Jeffrey and Martha Kohn Senior Associate Dean for Academic Affairs and Glen Earl Weston Research Professor, and Robert L. Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law.

Former EPA Administrator William K. Reilly with Senior Associate Dean Hammond and Professor Glicksman taking audience questions

Reimagining Environmental Law The year 2019 marked the 50th anniversary of the National Environmental Policy Act, the Environmental Law Institute, and the Environmental Law Program at GW Law. In honor of these anniversaries, GW Law and ELI set out to reimagine environmental and natural resources law for the next 50 years in collaboration with leading environmental legal thinkers.

This collaboration took place at two in-person gatherings: the first at the Johnson Foundation’s Wingspread Conference Center in Racine, Wisconsin, in March 2019, and the second at Airlie House Conference Center in Warrenton,

Former EPA Administrator William K. Reilly

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GW Law Airlie House participants Donna Attanasio, Achinthi Vithanage, Mary Crowley, Lin HarmonWalker, and Natalie Cristo

Virginia, in November 2019. Meridian Institute provided facilitation support for both events. Both meetings included presentations, plenary discussions, and small group discussions focused on opportunities to address climate change, the circular economy, uncontrolled pollution, ecosystem degradation, and the distribution of environmental benefits and burdens. Though all discussions included recognition of the broad international context, the meeting focused primarily on environmental and natural resources law in the United States. The goal of the meetings was not to reach consensus on solutions, but rather to bring new ideas to the table, connect continued on page 14

EVENTS

Public Lands and Energy Transitions Conference

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nited States public lands are integral to our nation’s strategy for mitigating climate change, and they will also adapt to its effects. The Environmental and Energy Law Program hosted a conversation with legal experts in March on the opportunities and challenges of making our federal estate part of the climate solution. Former Solicitor of the US Department of Interior, John Leshy, Emeritus Harry D. Sunderland Distinguished Professor of Real Property Law, UC Hastings College of the Law, opened with a keynote address. Following Professor Leshy’s talk were three open dialogue sessions: “Managing Public Lands to Mitigate Climate Change,” “Renewable Energy Projects on Public Lands,” and “How Public Lands Can Help Us Adapt to Climate Impacts.” Each open dialogue session was moderated and hosted by three panelists who are leading experts in their field.

More major in-person events and celebrations planned for the 50th anniversary were suddenly cut short in March by the COVID-19 pandemic, so we postponed them to protect the health and safety of our students, faculty, alumni, and guest speakers and attendees. In 2021, look for our lineup of exciting conferences and events including: • A special Shapiro Symposium featuring GW Law alumni from across the country who teach environmental or energy law; each speaker will discuss a unique aspect on the “future of environmental and energy law” theme • A 50th Anniversary edition of the Journal of Energy and Environmental Law with papers from the Shapiro Conference • A special 50th anniversary program for the combined GW Law June 2021 Reunion Weekend featuring speakers from Waterkeeper and boat tours of the Potomac • A major three-day symposium as the culminating event, with a focus on laws to help governments and communities better prevent and respond to climate change

Professor Leshy’s keynote

Please join us for this 50th Anniversary resurgence, and bookmark our Environmental and Energy Law events page for future events. n

Professor Glicksman moderates Dialogue 1 on “Managing Public Lands to Mitigate Climate Change” with panelists Professors Sam Kalen, University of Wyoming College of Law; Alexandra Klass, University of Minnesota Law School; and Tracy Hester, University of Houston Law Center

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 3

TRANSITIONS

Transitions Celebrating Former Associate Dean LeRoy Paddock

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all 2019 marked the retirement of Lee Paddock from the position of Associate Dean of Environmental Law Studies, but he continues his teaching at GW Law, as well as his active intellectual life and robust scholarship, as Distinguished Professorial Lecturer in Environmental Law.

LeRoy C. Paddock, the former Associate Dean for Environmental Law Studies and currently a Distinguished Professorial Lecturer in Environmental Law

Associate Dean Paddock joined GW Law in 2007 when he succeeded Arnold Reitze, who founded the program in 1970. During Associate Dean Paddock’s tenure, the program served hundreds of environmental law students each year and trained more than 100 military lawyers in environmental law through the LLM program. Under his leadership, the program expanded its focus on energy law: launching the George Washington Journal of Energy and Environmental Law, adding several new energy law courses, and creating the Sustainable Energy Initiative.

Associate Dean Paddock publishes extensively, focusing on environmental compliance and enforcement, environmental governance with particular emphasis on integrating the regulatory system with economic and values-based drivers and governance in the context of emerging technologies, environmental justice, public participation, and energy efficiency. He has several book chapters forthcoming in Spring 2021.

A Career in Environmental Law Associate Dean Paddock served his country in the United States Coast Guard from 1970 to 1974. After graduating with high honors from the University of Iowa Law School, he clerked for Judge Donald Lay of the United States Court of Appeals for the Eighth Circuit.

His distinguished career positions include Director of Environmental Law Programs and Adjunct Professor of Law at Pace University Law School; Senior Consultant to the National Academy of Public Administration; Visiting Scholar at the Environmental Law Institute; Of-Counsel to the Minnesota Center for Environmental Advocacy; and more than 20 years in the Minnesota Attorney General’s Office, including as Manager of the Agriculture and Natural Resources Division and Director of Environmental Policy. He assisted the US Environmental Protection Agency’s Office of Policy, Economics and Innovation in the implementation of its Performance Track program.

Associate Dean Paddock has served on dozens of commissions and boards, including leadership positions with the American Bar Association’s Section of Environment, Energy and Resources; the International Union for the Conservation of Nature; the World Bank Global Forum on Law, Justice and Development; EPA’s National Advisory Committee on Environmental Policy Technology; EPA’s National Enforcement Training Institute; and as a Founding Board Member for the Environmental Initiative in Minnesota.

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Current Projects A part of Associate Dean Paddock’s current work as Managing Director at the International Network for Environmental Compliance and Enforcement is hosting a webinar series on the use of community and citizen science for environmental compliance and enforcement. INECE develops and implements practical and innovative activities that strengthen environmental compliance and enforcement at all levels of governance—local, national, regional, and international.

INECE builds the capacity of compliance and enforcement stakeholders to contribute to the rule of law and good governance in areas that advance sustainable development. The Network includes environmental regulators, investigators, prosecutors, judges, and employees of international environmental and development organizations. Officials from customs, the police, non-governmental organizations, academia, the media, and business also participate.

GW Law’s involvement with the Network also extends to the Environmental & Energy Law Association, which assembles the INECE newsletter each month.

Sustainable GW Honors Associate Dean Paddock with Institution-Wide Award Associate Dean Paddock was named the recipient of the inaugural 2020 GW Faculty Award for Meritorious Contributions to Sustainable GW. The award, to be presented annually, honors a GW faculty member who has made a significant impact on the University’s institutional commitment to sustainability in academics. He was nominated by colleagues in the law school and Columbian College. continued on page 5

TRANSITIONS

Program Fellow News Former Program Fellow Achinthi Vithanage Named Shaw Graduate Fellow in Administrative Law and Professorial Lecturer in Law, Appointed Co-Chair of ABA SEER International and Environmental Resources Law Committee Achinthi Vithanage’s two years as Environmental Law Program Fellow included organizing the Reimagining Environmental Law conference and event series; teaching Environmental Lawyering and International Environmental Law; coaching international Achinthi Vithanage, environmental law moot Randolph C Shaw court competition students; Graduate Fellow in Administrative Law guest lecturing on Climate and Professorial Justice, Energy Justice, and Lecturer in Law Energy Efficiency; teaching Introduction to Environmental Law at GW’s Trachtenberg School of Public Policy & Public Administration and Introduction to Sustainability, an interdisciplinary course based on the United Nations Sustainable Development Goals, at GW. She also has published scholarly articles, including “A Deep Dive into the High Seas: Harmonizing Regional Frameworks for Marine Protected Areas with the UNCLOS Convention

LeRoy Paddock from page 4

“I am extremely grateful for this recognition from the University,” said Associate Dean Paddock. “It was a privilege to shepherd GW Law’s Environmental and Energy Law program for 12 years, and I share this award with the students, faculty, alumni, and staff who have made this program into one of the country’s finest over the 50 years of its existence.”

The award recognizes Associate Dean Paddock’s pivotal role in expanding the

on the Conservation and Sustainable Use of Marine Biological Diversity in Areas beyond National Jurisdiction,” in Oxford University Press’s 2019 Yearbook of International Environmental Law and “EV for EV: Equity and Viability in Electric Vehicle Infrastructure Law and Policy,” available at ABA NRE Vol. 34 No. 4, March 2020. And this year she has been appointed the 2020–21 Co-Chair of the International Environmental & Resources Law (IERL) Committee within the ABA Section of Environment, Energy, and Resources (SEER) and as a member of SEER’s International Bar Coordination Task Force. The IERL Committee is a premier forum for the exchange of knowledge, ideas, and experiences relevant to the practice and study of international environmental and resources law. She is currently pursuing a Doctorate degree at GW Law as the Shaw Graduate Fellow in Administrative Law while continuing to teach International Environmental Law at GW Law. We wish her the best in her SJD studies and activities.

Perry Elerts Hired as New Visiting Associate Professor and Environmental and Energy Law Fellow Perry Elerts joined the GW Environmental and Energy Law team this summer as our new Visiting Associate Professor and Environmental and Energy Law Fellow. He will be teaching,

GW Law Environmental Law Program from 2007 to his retirement in 2019. It also recognizes his campus-wide work for sustainability education. For example, he helped establish the GW undergraduate Sustainability minor, which is perhaps one of the most enduring and widereaching measures that GW has taken to ensure that our students will “change the course of history” as the website promises. In addition to his founding role in the Sustainability minor, Associate Dean Paddock has co-taught Sustainability

researching, and writing on environmental law issues and assisting with program management. Before coming to GW, Perry was a Lawyers for America Legal Fellow at the Center for Biological Diversity in Oakland, California. In practice, his primary focus was litigating Perry Elerts, under the Clean Air Act Visiting Associate Professor and and working on limiting Environmental and the detrimental environEnergy Law Fellow mental impacts of pesticides through the Endangered Species Act and Federal Insecticide, Fungicide, and Rodenticide Act. He has experience working in a variety of settings in the environmental field including state agencies, the federal government, and nonprofits of varying sizes. His scholarship interests include human health, air quality, and biodiversity. He received a JD.from UC Hastings, where he concentrated in Environmental Law. While there he was the Executive Editor of the Hastings Environmental Law Journal, where he published Crop Insurance Reform in the Face of Climate Change, 25 HASTINGS ENVTL. L.J. 183 (2019). He earned a BA in psychology, and a BA in the Interdisciplinary Study of Issues of Social Justice summa cum laude from Notre Dame de Namur University. n

101 since its inception. Through his instruction in this course, over 1000 undergraduate students (to date!) have been introduced to the legal structures that govern environmental regulation.

Further, as noted elsewhere in this newsletter, his lifetime legacy of sustainability efforts reaches far beyond our campus.

The well-deserved recognition pays tribute to his far-reaching influence. n

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 5

NEWS

News Sustainable Energy Initiative: An Energy Law Research Hub

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he Sustainable Energy Initiative at GW Law is poised to enter its eighth year of existence under the expert direction of Donna Attanasio, Senior Advisor for Energy Law Programs and SEI’s administrator. This past year, and continuing into 2021, SEI celebrates the 50th anniversary of the Environmental and Energy Law Program at GW. SEI’s research interests have increasingly focused on new technologies that empower consumers, including those most vulnerable to rising costs, to select and use renewable technologies cost-effectively. The rising interest in Europe in Citizens’ Energy Communities and Renewable Energy Communities is one manifestation of this empowerment movement. Particular technologies of interest for SEI are microgrids and community solar. At the same time,

Avram Young and Paul Hanson get a glimpse of the future at PEPCO’s innovation center

Students visit community solar project located on Nixon Peabody’s rooftop

disasters are raising awareness among consumers of the importance of their energy delivery systems and the types of energy they use. Disasters often have disproportionate impacts on lower income communities, and microgrids and community solar are among the tools that can be used to mitigate harms. Thus, all these areas have significant overlap.

SEI’s cross-disciplinary work on community solar is ongoing. The handbook, Catalyzing Community Solar, aimed at assisting municipalities interested in community solar, was released in 2017.

Over the past year, SEI was part of a multi-school project, funded by Sloan Foundation and led by Professor Shittu from GW’s School of Engineering and Applied Sciences (SEAS), that furthered this work by exploring barriers to use of community solar. The project presented its preliminary results at a conference at SEAS in February. Donna Attanasio led one of the discussion groups. A full report is expected later this year. In addition, students participating in our independent writing program in conjunction with the University of Groningen had an opportunity to study community solar, including through field trips to meet with DC SUN, a network that helps consumers come together with their neighbors to

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invest in solar energy, and New Partners Community Solar Corp., a nonprofit formed by the law firm of Nixon Peabody to bring the benefits of solar to low-income residents in the District of Columbia.

Microgrids answer consumer needs related to controlling costs, integrating renewables, increasing consumer control of their energy resources, improving grid management, and managing emergency services during a disaster that creates disturbances on the main grid.

Microgrids, however, are still costly and there are regulatory barriers limiting their use. SEI continues to work on solutions to these issues. This past year Donna Attanasio participated in two of the events hosted by the task force formed by the National Association of Regulatory Utility Commissioners and the National Association of State Energy Officials, as a roundtable discussion leader (February 2020) and, at the request of the US Department of Energy, by presenting a webinar discussion for the task force (April 2020). She also completed work on a chapter on microgrids for a forthcoming energy-focused volume of the Elgar Encyclopedia of Environmental Law series. A new course, which she designed continued on page 7

NEWS

Sustainable Energy Initiative from page 6

and taught, introduced students to the concept of microgrids as part of an examination of the impact of existing law and new technology. New Partners Community Solar Corp. visited the class to present their newest project, a microgrid community solar project that serves an apartment complex for lower-income residents. The new project reduces the electricity costs for the residents and also provides the residents with emergency services during grid outages.

SEI is part of Sustainable GW, a University-wide network of people interested in sustainability. One of the particular interests across the group is disaster preparedness and recovery. The law school has been awarded a small amount of grant funding to further its work with Sustainable GW to develop interdisciplinary projects that capitalize on the strengths across the University.

We anticipate making strides in this area in 2020–21.

SEI hosted three discussions in 2019 with an international focus. In each case, the participants were drawn from a number of private, government, and academic institutions around DC and elsewhere. In June, in conjunction with the European-based GEODE, an organization of distribution utilities, SEI facilitated a discussion on microgrids and customer engagement in the EU and the US. In September, SEI discussed emerging trends in Chile and the US with a delegation from the Universidad del Desarrollo. And in November, the Honorable Charles Brower, who is on the adjunct faculty at GW Law, and Alexandre de Gramont, partner at Dechert LLP, led a discussion on International Investments, Arbitration, and Climate Change, which was co-sponsored by Dechert and SEI and held at GWÂ Law. Our energy alumni group, Energy Connectors, hosted a very well-attended student-alumni breakfast in the Fall and a small happy hour in November. Its plans for a Spring gathering were cut short by COVID-19, but we anticipate future offerings. n

SEI discussing emerging trends with a delegation from the Universidad del Desarrollo

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 7

ACHIEVEMENTS

Achievements Jarryd Page, JD ’20, Receives the Charles and Kathryn Miller Environmental Law Award

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he Charles and Kathryn Miller Environmental Law Award is presented to a member of the graduating class who has demonstrated excellence in the field of environmental law.

The award is named in honor of Associate Dean LeRoy Paddock’s grandparents, who lived on a centennial farm on Lake Michigan, the place where Associate Dean Paddock first developed his interest in the environment.

Deepti Bansal Gage, JD ‘20, Wins Fan Favorite Award in Planet Forward Competition

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eepti Bansal Gage was named a 2020 Planet Forward Storyfest winner in the “Fan Favorite Award” category. Planet Forward is a project of the Center for Innovative Media at GW’s School of Media and Public Affairs with a mission to teach, celebrate, and reward environmental storytelling by students. The Planet Forward Storyfest Awards recognize and

The 2020 recipient of the award, Jarryd Page, was highly recommended.

The faculty member who nominated Jarryd says: “Jarryd’s research and analytical skills are so impressive that he is now co-authoring a law review article with Professor Glicksman, for whom he did excellent work as a research assistant. Jarryd will work as a Fellow at the Environmental Law Institute, the preeminent nonpartisan environmental think tank, after graduation.” Professor Glicksman describes Jarryd as “one of the best RAs” he has ever had, stating, “I have such confidence in his work that I assigned him the task of both researching and writing the first draft of a law review article on an environmental law topic.”

This is exceptionally high praise for a student!

reward the best and most compelling student-told stories illuminating environmental issues and solutions.

Ms. Gage won the award for her entry, “Wait! Before You Squish That Bug…” Her piece, inspired by a lecture on the Endangered Species Act by GW Law Professor Robert L. Glicksman, explores why we should care about endangered species and each species’ importance to our ecosystem and even our economy.

“Through my writing, I would like to reach those who may be otherwise uninterested in species conservation,” said Ms. Gage. “My hope is that they may find a reason to think twice before dismissing an organism that might be incredibly important to their own life or their greater community.”

In 2019, Ms. Gage was chosen as a Storyfest finalist in the “Shareable/Short Video” category for her project, “Nature’s Small But Mighty Fix for Algae Blooms.”

This year, she and her fellow grand prize winners will travel to Iceland, where they will report on pressing environmental issues found just south of the Arctic Circle.

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Jarryd earned a Bachelor of Arts in Art History from University of WisconsinMadison and a Master’s in History of Art from University of Kansas. He then went on to earn a Bachelor of Science from University of Maryland in Environmental Science and Jarryd Page, JD ‘20 Policy. He also served as the notes editor for the Journal of Environmental and Energy Law (JEEL).

He will receive a Dean’s Certificate and a monetary gift as part of the award. n

Deepti Bansal Gage, JD ‘20

Ms. Gage credits her late grandfather for her love of storytelling. “I was inspired to tell stories to spark interest in the curiosities of our natural world for others like he did for me,” she noted. “This award not only will provide me with an opportunity to continue storytelling, but it will also allow me to live his dream by taking this expedition around Iceland.” n

ACHIEVEMENTS

Environmental and Energy Moot Courts Reach Semifinals in Tough Competitions National Energy & Sustainability Moot Court Team

quarter-finalists. Congratulations to all five students and their outstanding coach, John L. Shepherd, Jr. Many thanks also to past participants Daniel Vinnik, Kyrstin Wallach, Boris Shkuta, Josh Robichaud, and Jason Ross for helping our students prepare (this year and previously) and to Bracewell LLP and Skadden LLP for their financial support for our teams. This was truly a team effort and representative of how the GW Law community fosters our students’ success. n

Stetson International Environmental Law Moot Court Team

(L to R): Thomas Perry, Joseph Bower, Dina Goldman, Blake Grow, James Bartholomew represented GW Law in the National Energy & Sustainability Moot Court Competition

In early March, five GW Law students competed in the National Energy & Sustainability Moot Court Competition, hosted by the West Virginia University College of Law in Morgantown, West Virginia. First-time participants Joe Bower, Thomas Perry, and Dina Goldman advanced to the semi-finals.

Last-year’s semi-finalists, Blake Grow and James Bartholomew, finished as

Maj. Edwin Kisiel, III, LLM ‘19: Prolific Scholar and Writer

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ongratulations are in order for LLM graduate Edwin Kisiel, whose article titled “The War on Trees: How to Diffuse Neighborly Feuds over View Rights” was published in the University of Oregon’s Journal of Environmental Law & Litigation, Vol. 35 (2020). He wrote the paper as a research

In April, 2Ls Andrew Ruskin and Taylor Kilpatrick, coached by Visiting Associate Professor Achinthi Vithanage, participated virtually in the Stetson International Environmental Law Moot Court Competition. They began preparing for the competition in October 2019, spending many hours training in-person and virtually in the wake of COVID-19 events, and also receiving assistance from experienced moot court coach Visiting Associate Professor Lin Harmon-Walker, Professor Sean Murphy, and Environmental Law Research Librarian Germaine Leahy.

The competition kicked off with over 27 competitors ranging across Asia, Russia and Europe, Northern and Central America, the Caribbean, Africa, and more. In the end, 17 teams joined for the virtual preliminary rounds. Ms.

assignment for the Environmental Lawyering course at GW Law co-taught

by Associate Dean LeRoy Paddock and Program Fellow Achinthi Vithanage.

A paper he wrote for another course, Agriculture & Food Systems, taught by Steve Silverman, was published in the Spring 2019 edition of the Environmental Law Institute’s Environmental Law Reporter with the title “Using Indirect Regulation to Reduce Environmental Damage From Farming.”

To top off his publication streak, Maj. Kisiel took first place in the Judge Advocate General’s School’s 2020

Andrew Ruskin and Taylor Kilpatrick in the throes of online competition

Kilpatrick and Mr. Ruskin performed extremely well in a truly international competition and did so in a completely new virtual environment. In successive heats that required frequent switching from applicant to respondent, Ms. Kilpatrick and Mr. Ruskin competed against teams from the Indian subcontinent, South Korea, and Taiwan before reaching the semi-finals, the only US team to reach that level. In the semi-final round they competed against a team from India, which ultimately won the competition. Congratulations to the students for working hard, staying committed through a pandemic, and mastering the art of virtual competition. n

National Security Law Writing Competition for his paper “Law as an Instrument to Solve the Orbital Debris Problem.” Maj. Kisiel is currently serving at the Air Force Environmental Law Field Support Center, handling cultural resources and National Environmental Policy Act issues. n

Maj. Edwin Kisiel, III, LLM ‘19

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 9

FACULT Y PUBLICATIONS AND PRESENTATIONS

Faculty Publications and Presentations Other Activities

Articles

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Emily Hammond, Jeffrey and Martha Kohn Senior Associate Dean for Academic Affairs; Glen Earl Weston Research Professor

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Energy, Economics, and the Environment: Cases and Materials, Found. Press, 5th ed. 2019 (with Joel Eisen, Jim Rossi, David Spence, Jacqueline Lang Weaver, and Hannah Wiseman)

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Appointesd as Public Member of Administrative Conference of the United States Research Consultant, Administrative Conference of the United States, Mass, Computer-Generated, and Fraudulent Comments (ongoing) Amicus Curiae Brief of Robert Glicksman, Emily Hammond, Alan B. Morrison, Richard J. Pierce, Jr., and Jonathan R. Siegel in Support of Appointed Amicus Curiae (Fleming. v. U.S. Dep’t of Ag., D.C. Cir. filed Feb. 6, 2020) Research Enhancement Incentive Award: George Washington University (2019) ABA Section of Administrative Law and Regulatory Practice Scholarship Award Committee (Vice Chair, 2019–20)

Toward a Role for Protest in Environmental Law, CASE W. RES. L. REV. (2020) (invited symposium)

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Panelist, Nationwide Injunctions and Federal Regulatory Programs, ACUS, ABA, & GW Law, Washington, DC, Feb. 2020 “Administrative and Energy Law: First Principles and Issues to Watch,” Future Power Speaker Series, FERC, Washington, DC, Feb. 2020 Co-Moderator (with Robert Glicksman), “Looking Back, Thinking Ahead: Perspectives on Environmental Law at 50; an Evening with Bill Reilly,” GW Law, Washington, DC, Oct. 2019

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Panelist, Climate Gentrification: Shifting the Burden of Risk, 17th Annual Wiley A. Branton Symposium, Howard Law Journal, Oct. 8, 2020 Panelist, Post-Modern Administrative Law and the Energy Lawyer, Energy Bar Association 2020 Annual Meeting and Conference, Washington, DC, Apr. 2020

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

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Reorganizing Government: A Functional and Dimensional Framework (NYU Press 2019) (co-authored with Alejandro Camacho) Modern Public Land Law in a Nutshell (West Academic 5th ed. 2019) Administrative Law: Agency Action in Legal Context (Foundation Press 3rd ed. 2020) (co-authored with Richard Levy) NEPA Law and Litigation (Thomson Reuters 2020 ed.) (co-authored with Daniel Mandelker and others)

Panelist, EPA at 50, Case Western Reserve University School of Law, Cleveland, OH, Oct. 2019

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An Empirical Assessment of Agency Mechanism Choice, 71 Ala. L. Rev. 1039 (2020) (co-authored with David Markell & Justin Sevier) Judicial Ideology as a Check on Executive Power, 81 Ohio St. L.J. 175 (2020) (co-authored with David Adelman) Reevaluating Environmental Citizen Suits in Theory and Practice, 91 U. Colo.

L. Rev. 385 (2020) (co-authored with David Adelman) Shuttered Government, 62 Ariz. L. Rev. 573 (2020) Swallowing the Rule: The Lucas Background Principles Exception to Takings Liability, 71 Fla. L. Rev. F. 121 (2020) The Trump Card: Tarnishing Planning, Democracy, and the Environment, 50 Envtl. L. Rep. 10281 (2020) (co-authored with Alejandro Camacho) A Tribute to George Cameron Coggins, Public Lands Maverick, 68 U. Kan. L. Rev. 699 (2020) The Effect of Enforcement Fairness on Environmental Performance, 9 Envtl. Mgmt. & Sustainable Dev. #2, at 1 (2020) (co-authored with Dietrich Earnhart and Donna Ramirez-Harrington) The Effects of Enforcement on Corporate Environmental Performance: The Role of Perceived Fairness, Rev. of Law & Econ. (2020) (co-authored with Dietrich Earnhart & Donna Ramirez-Harrington)

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The Trump Administration’s Pandemic Response Is Structured to Fail, The Regulatory Rev. (May 19, 2020) (co-authored with Alejandro Camacho), https://www.theregreview. org/2020/05/19/camacho-glicksmantrump-administration-pandemicresponse-structured-fail/

continued on page 11

FACULT Y PUBLICATIONS AND PRESENTATIONS

Faculty Publications and Presentations from page 10

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The Trump Administration’s Latest Unconstitutional Power Grab, The Regulatory Rev. (Aug. 24, 2020), https://www. theregreview.org/2020/08/24/ glicksman-camacho-trumpadministration-unconstitutionalpower-grab/ (co-authored with Alejandro Camacho)

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Climate, Energy, Justice: The Policy Path to a Just Transition for an EnergyHungry America (2000), https:// progressivereform.org/our-work/ energy-environment/climate-energyjustice/ (co-authored with other Member Scholars of the Center for Progressive Reform).

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“The Structural Challenges of Addressing Climate Change,” Georgetown University Law Center Environmental Law and Policy Program: Environmental Law Speaker Series, Washington, DC, Sept.

26, 2019.

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“Reorganizing Government: A Novel Approach,” Book presentation to faculty at the University of Idaho College of Law, Boise, ID, Oct. 31, 2019.

“Federal Land Management and Wildlife Protection,” presentation at festschrift for Dale Goble, University of Idaho College of Law, Boise, ID, Nov. 1, 2019.

Podcast, “Reorganizing Government: From Pizza to Climate Change: A Connect the Dots Podcast,” Nov. 5, 2019, http://progressivereform. org/media-room/podcasts-sandbox/ reorganizing-government-pizzaclimate-change-connect-dots-podcast “Climate Change Strategy Considerations for Federal Land Management,” presentation at workshop on “Public Lands Legal Strategy Session,” American University Washington College of Law, Dec. 13, 2019.

“Organizing Government to Address Climate Change Threats,” presentation to faculty and students at GW Law, January 23, 2020, https://www.youtube. com/watch?v=mNbIfEf_ Hp8&feature=youtu.be

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“Structuring Government to Address Climate Adaptation,” presentation at symposium on “Legal, Ethical, and Policy Implications of a Changing Climate,” Charleston School of Law & The Riley Institute at Furman University, Charleston, SC, Feb. 7, 2020.

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“Climate Change Governance,” webinar sponsored by the University of Maryland School of Law, Feb. 10, 2020.

“Shuttered Government,” presentation (remotely by Zoom) at symposium on “Revolution or Evolution: Administrative Law in the Age of Trump,” UC-Hastings College of the Law, San Francisco, CA, Feb. 21, 2020.

“Climate Science in the Courts,” presentation at “Confronting Climate Change: Primary Forces in Advancing Environmental Protection in a Court of Law,” Environmental Law Institute, Washington, DC, Feb. 25, 2020.

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“Climate Change Adaptation on the Federal Lands: Legal Adaptive Capacity, the Will to Use It, and Legal Strategies to Accelerate Its Use,” presentation at symposium on “Public Lands and Energy Transmission: Reimagining the Role of the Federal Estate as a Climate Solution,” GW Law, Washington, DC, Mar. 12, 2020.

“Reflections on the Proposed CEQ Regulatory Revisions,” presentation on “Updating NEPA Teleforum,” public access phone conference, Mar. 24, 2020, https://fedsoc.org/events/ updating-the-national-environmentalpolicy-act-nepa.

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“Neglecting the Crucial Role of Government Organization in Pandemic Planning and Response,” presentation for video conference on Second Mini-Conference on Coronavirus and Law, Apr. 15, 2020.

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“The Role of Centralized Executive Branch Review of Agency Rulemaking,” Moderator, Center for Progressive Reform Workshop, conducted online, June 2, 2020.

Participant, “Workshop on Regulatory Law, Recent Developments in Administrative Law: Evolution, or a Revolution in the Making?”, Southeastern Association of Law Schools Annual Meeting (held virtually), August 2, 2020.

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Presentation, “Climate Change Impacts on Law and Applied Sciences,” GW Law Alumni Relations webinar, Aug. 20, 2020, (https://law-gwu-edu.zoom.us/rec/ play/6J0rdbr7-Dg3E9CXsQSDB q J8W9W0ePms1Sgfq6cEzx21V HQAZlb3Z7JGa-yD884sSCE9s caGShaEvko?continueMode=tru e&_x_zm_rtaid=sii1nhuMS8ClM16L smHoUA.1598019148871.f048b2496 bca9df97723e13de250c564&_x_zm_ rhtaid=611, password: #2T@U5kS).

Presentation, “Structured to Fail: The Trump Administration’s Disorganized Covid Response,” webinar sponsored by the Penn Program on Regulation, University of Pennsylvania, on “The Covid-19 Crisis and Its Implications for U.S. Regulatory Law,” Aug. 26, 2020.

Presentation, “Threats to ALJ Independence and the Central Panel Model,” webinar sponsored by the Administrative Conference of the United States, the Center for Progressive Reform, and the Gray Center at the George Mason University Law School, at “Symposium on Federal Agency Adjudication: Alternatives to Traditional Agency Adjudication,” Aug. 27, 2020, https:// www.acus.gov/meetings-and-events/ event/symposium-federal-agencyadjudication.

Podcast, “Reorganizing Government: A Closer Look at a Novel Analytical Framework,” hour-long episode of the Administrative Law Review’s “A Hard Look” Series, Sept. 4, 2020, https:// www.administrativelawreview.org/ alr-podcast-a-hard-look/.

Guest lecturer on Endangered Species Act, Environmental Law Seminar of Professor Dan Mandelker at Washington University School of Law, Sept. 24, 2020.

Presentation, “Structured to Fail: The Trump Administration’s Faulty Pandemic Planning and Response,” at “Administration in Crisis: Pandemics, Financial Crises, and Other Emergencies Research Roundtable” (virtual), Oct. 1, 2020.

“Shuttered Government,” Works in Progress presentation to the GW Law Faculty, Oct. 28, 2020.

continued on page 12

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 1

FACULT Y PUBLICATIONS AND PRESENTATIONS

Faculty Publications and Presentations from page 11

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Richard J. Pierce, Jr., Lyle T. Alverson Professor of Law Books ■■

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Panelist, “The Return of Non-Delegation?,” The Federalist Society, Mar. 12, 2020

Delivered a panel keynote address, “Notorious Disasters: the Recent Fires in Brazil and Australia” at II International Congress of the Superior School of Public Advocacy on Environmental Law of the General Attorneys of the State of Rio de Janeiro in March 2020

Panelist, “Appointment and Removal of Federal Agency Adjudicators,” Virtual ACUS Symposium on Federal Agency Adjudication, Aug. 6, 2020

Administrative Law Treatise (6th ed.

2019) (with Kristin E. Hickman) and Annual Supplement (06/16/2020) Administrative Law Concepts and Insights (3d ed. 2020).

Federal Administrative Law: Cases and Materials (with Kristin E. Hickman), (3d ed. 2020) and Annual Supplement

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Panelist, “Should the FTC Initiate a Rulemaking Regarding Non-Compete Clauses?,” FTC Workshop on Non-Competes, Jan. 9, 2020

The Scope of the Removal Power Is Ripe for Reconsideration in Judges Journal, 58 No. 2 Judges’ J. 19 (2019).

The U.S. Federal Trade Commission Workshop on Non-Compete Clauses, GW Legal Studies Research Paper No. 2020-01, (2020).

The Status of Antitrust Law in the United States, Util. L. Rev. Vol. 22(4) (2020).

Regulatory Reform Under President Trump, Util. L. Rev. Vol. 22(2) (2020).

Is a Ceiling on Regulatory Costs Reasonable?, The Reg. Rev., (2019).

Natural Gas Is Key to Addressing Climate Change, The Reg. Rev., (April 6, 2020) Reason Trumps Pretext, The Reg. Rev., ( July 30, 2020).

Lin Harmon-Walker, Interim Director of Environment and Energy Law Program and Visiting Associate Professor Book ■■

The Combination of Chevron and Political Polarity Will Have Awful Effects, GW Law Public Law Research Paper No. 2020-45 (2020).

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Comparative and Global Environmental Law and Policy, (Wolters Kluwer 2020) (co-authored with T. Yang, A. Telesetsky & R. Percival)

Several Steps Forward, One Backward: Climate Change, Latin America, and Human Rights, Resilience, 34 Md. J. Int’l L. 96 (2020)

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Ending Legislative Impotence, The Reg. Rev., ( July 13, 2020) Delegation’s Critics Should Be Careful What They Wish For Change, The Reg. Rev., ( June 15, 2020).

Rosa Celorio, Associate Dean for International and Comparative Legal Studies and Burnett Family Professorial Lecturer in International and Comparative Law and Policy

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Co-led panel on Waste and Circular Economy at Airlie House in November 2019 Sustainability Careers Panel for the Introduction to Sustainability undergraduate course Spoke on the enduring environmental impacts of Agent Orange and UXO in the Vietnam War which caused scientists to coin the term “ecocide,” at Elliott School’s “Waging Peace in Vietnam” conference in November 2019 Presented at Sustainable GW Lunchtime Talks on the UN RCE application process

Donna Attanasio, Senior Advisor for Energy Law Programs; Professorial Lecturer in Law Book ■■

Microgrids in M. Roggenkamp, Energy Law (Edward Elgar Press Encyclopedia of Environmental Law Series forthcoming 2020)

Presented on “Before We Start Mining the Solar System: A Few Housekeeping Issues” (international principles) at the Space Law Society in January 2020

continued on page 13

1 2 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

FACULT Y PUBLICATIONS AND PRESENTATIONS

Faculty Publications and Presentations from page 12

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Host and co-discussion leader, Program for delegation from Universidad del Desarrollo, Concepción, Chile (Washington, DC, September 10, 2019) Organizer and host, Collaborative Conversations: Roundtable on Climate Change, Energy, and International Investment Protections (Washington, DC, November 21, 2019); co-sponsored with Dechert LLP and International Law Association, American Branch.

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Energy Efficiency in M. Roggenkamp, Energy Law (Edward Elgar Press Encyclopedia of Environmental Law Series forthcoming 2020) (co-authored with Deepti Bansal Gage) Demand Response in M. Roggenkamp, Energy Law (Edward Elgar Press Encyclopedia of Environmental Law Series forthcoming 2020)

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Energy Efficiency and Distributed Solar Energy Targeted to Underserved Communities: Perspectives on the Illinois Future Energy Jobs Act, San Diego Journal of Climate and Energy Law (Fall 2020)

Presenter, Microgrid Financing Structures and Best Practices: A NARUC-NASEO Microgrids State Working Group Webinar (April 22, 2020)

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Achinthi Vithanage, Visiting Associate Professor and Environmental and Energy Law Fellow

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Technology, in S. Alam, M. Bhuyan, T. Chowdhury, and T. Techera, Routledge HandBook on International Environmental Law (Routledge forthcoming 2020) Collaborating with Underserved Communities to Contribute to Decarbonization, in J. Gonzalez, I. Castiello and M. Montoya, Energy Justice (Oxford University Press June 2020) (co-authored with Achinthi Vithanage)

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Collaborating with Underserved Communities to Contribute to Decarbonization, in J. Gonzalez, I. Castiello and M. Montoya, Energy Justice (Oxford University Press June 2020) (co-authored with LeRoy Paddock)

EV for EV: Equity and Viability in Electric Vehicle Infrastructure Law & Policy, 34(4) Natural Resources & Environment, Spring (2020) (published by American Bar Association)

Presentations & Panels

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Discussion Leader, Enhancing Microgrid Deployment across the States: A NARUC-NASEO Microgrids State Working Group Roundtable (February 12, 2020)

Led panel on Climate Change Mitigation and Adaptation Working Group at Airlie House in November 2019.

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Co-discussion leader, Program for delegation from Universidad del Desarrollo, Concepción, Chile (Washington, DC, September 10, 2019) Presenter, Airlie House Debrief, GW Law (Washington, DC, January 23, 2020) Guest Lecture, “Climate Justice,” Global Warming Law Course at American University Washington College of Law, (Washington, DC, May 27, 2020) Moderator, “Advancing Common Objectives and Projects – Continuing the Multi-Stakeholder Discussion” Panel, Ad-Hoc Industry Natural Resource Management Group 12th Natural Resources Symposium, (Virtual, September 2020) Presenter, “Placing Sustainability at the Center of U.S. Education: The Role of Law, Policy & Private Governance,” Vermont Law School Colloquium on Environmental Law Scholarship (Virtual, October 2020) Presenter, “Community Renewable Energy for Sustainable Development”, Pace/Maryland Environmental Colloquium (Virtual, October 2020) n

Community Renewable Energy for Sustainable Development, in The Transformation of Environmental Law and Governance: Risk, Innovation and Resilience, IUCN Colloquium 2018 (Edward Elgar, forthcoming 2020) (co-authored with Richard L. Ottinger, Tom Bourgeois and Robert Habermann)

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 3

ANNOUNCEMENTS • EVENTS

Announcements The Sustainable Energy Initiative Awarded Research Grants

T

he work of the Sustainable Energy Initiative is supported by grants.

We are pleased to announce several new ones that will support our work in 2020–21.

Disaster related research regarding wildfires is a specific area of interest. SEI is part of a National Science Foundation grant for the FIREWALL project that will examine causes and effects of wildfires, with emphasis on mitigation of the adverse impacts of wildfires and grid outages on healthcare in Alaska. Work on this project is led by Payman Dehghanian of GW’s School of Engineering and Applied Sciences (SEAS) and colleagues at the University of Alaska.

Senior Advisor for Energy Law Programs and Professorial Lecturer in Law Donna Attanasio will serve as a consultant on a project to identify and

overcome barriers to the development of Town Center (community) microgrids in New Jersey. The work is funded by the US Department of Energy through a grant to the New Jersey Board of Public Utilities. Ms. Attanasio will work with the sub-awardee team based at Rutgers University.

SEI is also part of the GW Universitywide cross-disciplinary team that will work on identifying and implementing strategies to expand access to clean energy among lower and middle income households in Washington, DC. The work is funded by the National Science Foundation. While solutions will depend on problems identified through community engagement, community solar and microgrids may be among the possible technology solutions that can be offered.

The intra-University grant previously awarded to Sustainable GW for work on building capacity for disaster-related research was extended to FY21. SEI will continue to participate in workshops and cross-disciplinary discussions, as well as independent writing in this area. n

50th Anniversary from page 2

Calling All Alumni GW’s Environmental and Energy Law Program has thousands of accomplished alumni across the world, and we would love to hear from you! Please send your news and updates to our Program Fellow Perry Elerts at pelerts@law.gwu.edu.

And if you would like to support our Program and our law students as we embrace the challenges of the next 50 years, we welcome your donation! From the donation page, choose the Designation “choose where my gift goes,” then select the Environment and Energy Futures Fund. Thank you!. n

leaders in the field, and lay the foundation for future conversations and gatherings.

Following the energetic discussions that took place at the Airlie House Conference in November, the GW Environmental and Energy Law Program returned to campus to provide a debrief for students and faculty hosted by Lin Harmon-Walker, Visiting Associate Professor and Interim Director of the Environmental and Energy Law Program.

Speakers included Donna Attanasio, Senior Advisor for Energy Law Programs; Lee Paddock, former Associate Dean of Environmental Law Studies; Robert L. Glicksman, J.B. and Maurice C. Shapiro

1 4 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

Environmental and Energy Law Perspectives Environmental and Energy Law Perspectives is published by the Environmental and Energy Law Program at the George Washington University Law School.

Editors: Achinthi Vithanage and Perry Elerts Send questions or comments to: Lin Harmon-Walker lharmon-walker@law.gwu.edu The George Washington University Law School Environmental and Energy Law Program 2000 H Street, NW Washington, DC 20052 Connect with GW Enviro Law: LinkedIn | Twitter | Facebook | Newsletter | Journal

Professor of Environmental Law; and Achinthi Vithanage, Visiting Associate Professor of Law and Environmental and Energy Law Fellow, who shared takeaways from the conference.

GW Law also hosted a dinner at the 2020 Association of American Law Schools annual conference to explain the reimagining concepts to environmental law professors from across the United States. A report summarizing the context for, outcomes of, and next steps that emerged from the day and a half November meeting at Airlie House is available for download here, and a comprehensive white paper is in progress. n