Environmental and Energy Perspectives Fall 2021

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

PERSPECTIVES

FALL 2021 ISSUE

The IPCC Report a ‘Code Red for Humanity’ Perry Elerts, Visiting Associate Professor of Law and Environmental and Energy Law Fellow

PERSPECTIVES 1, 4, 6 NEWS 2 FACULT Y IN THE NEWS 3–4 ALUMNI NEWS 5 CONFERENCES AND EVENTS 6–7 STUDENT ACHIEVEMENTS 8, 12 FACULTY PUBLICATIONS AND PRESENTATIONS 9–12

PERSPECTIVES

Curriculum Changes Address the Energy Future Donna Attanasio, Senior Advisor for Energy Law Programs

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nited Nations Secretary-General Antonio Guterres called the recent Sixth Assessment of the Intergovernmental Panel on Climate Change (IPCC) Working Group One a “code red for humanity.” This summer’s deadly heat waves, perilous floods, and massive wildfires made it clear that we are now living with the effects of climate change. The assessment indicates we are already on the doorstep of the 1.5℃ c goal set by the U.N. Paris Agreement climate negotiators in 2015. In fact, the World Meteorological Association predicts temperatures will keep rising toward the 1.5℃ c benchmark over the next five years,

and the increase would result in even more intense flooding, droughts, storms, and weather disasters, making sustainable development and poverty eradication efforts ever more difficult. Without immediate and drastic action to cut and eliminate greenhouse gas emissions, we can expect 2℃ c of warming around mid-century and 5℃ c by the end of the century. Such increases in global temperature would be disastrous for human life and biodiversity.

With these challenges ahead, the Environmental and Energy Law Program here at GW must prepare our law continued on page 4

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ur already strong and varied energy curriculum has been further enhanced for 2021-22 by two new courses, seven new adjunct professors, two new seminars, and other significant course updates and revisions.

Former Federal Energy Regulatory Commissioners Suedeen Kelly and Bill Massey have been newly appointed to our adjunct faculty and will ofer a new seminar, Electricity Grid of the Future, in spring 2022. Another new seminar, Ofshore Wind, blends environmental and energy law and will be taught by Joshua Kaplowitz, Laura Smith Morton, and Jane Rueger, also newly appointed to GW Law’s adjunct faculty. continued on page 6

NEWS

News Sustainable Energy Initiative: An Energy Law Research Hub

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hrough the Sustainable Energy Initiative, GW Law seeks to help move the needle through research and engagement. A high value is also placed on collaboration across disciplines.

Foundations for Improving Resilience in the Energy Sector Against Wildfires on Alaskan Lands (FIREWALL) is a multi-disciplinary collaborative project that has been exploring the intersection of wildfires, electric systems, and health. The project’s first workshop on September 15, 2021 capped a year of investigative meetings and presentations

designed to generate new ideas for understanding, navigating, and adapting to the increased impact of wildfires on Alaska. Donna Attanasio, Senior Advisor for Energy Law Programs, is part of the project’s lead team. Austin Himes, Class of 2’2, assisted by developing a detailed background paper on the Alaskan electric system and regulation. The project team members are afliated with Sustainable GW (representing multiple GW schools); the University of Alaska, Anchorage; and the University of Alaska, Fairbanks. This work is supported by the National Science Foundation’s Navigating the New Arctic program.

Sustainable GW’s energy equity project is entering its second year. This project, also funded by the National Science Foundation, seeks to deepen knowledge of energy inequity issues in Washington, D.C., and of the means through which technology, such as solar

Energy Law Advisory Council GW Law’s Energy Law Advisory Council (ELAC) recently welcomed three new members. The new members are Jane Rueger, a partner at Perkins Coie; Kenneth Minesinger, JD ’90, a shareholder at Greenberg Traurig; and Karen M. Hardwick, Senior Vice President and General Counsel for WGL Holdings, Inc. and Washington Gas. The council is now chaired by J. Andrew Murphy, JD ’87, Senior Vice President of Strategy and Corporate Development at Edison International. ELAC is the program’s primary source of ongoing strategic and financial support.

Chairman J. Andrew “Drew” Murphy, JD ’87, Edison International

Council Members Noel W. Black, Southern Company Charles A. Berardesco, JD ’83 George “Chip” D. Cannon, Jr., JD ’94, Akin Gump Strauss Hauer & Feld LLP Douglas E. Davidson, JD ’71 Emily S. Fisher, Edison Electric Institute Kevin C. Fitzgerald, JD ’91, Plymouth Investments LLC Daniel Hagan, White & Case LLP Emma F. Hand, Dentons U.S. LLP

Karen M. Hardwick, WGL Holdings, Inc. and Washington Gas Kenneth Minesinger, JD ’90, Greenberg Traurig Todd Mullins, JD ’89, McGuire Woods Earle H. O’Donnell, JD ’75 Daniel J. Oginsky, JD ’99, Heartmonics Holdings LLC Jane E. Rueger, Perkins Coie LLP Daniel F. Stenger, JD ’80, Hogan Lovells U.S. LLP ▪

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and microgrids, can promote equity.

Ms. Attanasio is a lead participant in this project as well. The work has been facilitated through an advisory group composed of community representatives. Priya Patel, Class of 2’2, has been working with Ms. Attanasio on a parallel project comparing the success of government-led solar programs in Washington, D.C., New Orleans, and Los Angeles in relieving excessive energy burdens and promoting energy equity.

During the 2020-21 academic year, Ms. Attanasio also served as a consultant on a project investigating the hurdles to realizing results from New Jersey’s ambitious town center microgrid program. ▪

Alumni and Student Appointed to Energy Bar Association Board

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ongratulations to Nina Wu, 3L, on her election as student representative to the Energy Bar Association’s (EBA) Board of Directors at the Nina Wu, Class of 22 EBA’s annual meeting in May. Also new to the board were GW Law alumni Donna Byrne and Mark Kalpin, as well as Emily Fisher, who received undergraduate and master’s degrees from GW and serves on GW Law’s Energy Law Advisory Council. The new EBA Treasurer is LLM grad Rick Smead. We also congratulate GW Law Energy Law Advisory Council members Emma Hand (ABA delegate) and Jane Rueger (ex-ofcio, past-president). EBA is an ABA-afliated international association of energy law attorneys and other energy professionals. ▪

ENVIRONMENTAL AND ENERGY L AW FACULT Y IN THE NEWS

Faculty in the News Emily Hammond Appointed DOE Deputy General Counsel

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len Earl Weston Professor Emily Hammond was appointed Deputy General Counsel for Litigation and Enforcement in the Ofce of General Counsel for the U.S. Department of Energy. Professor Hammond will be on leave from GW Law during their tenure at DOE. Professor Hammond’s academic research and policy work have focused on administrative law, energy law, and environmental law, with an emphasis on Professor Emily Hammond transparency and public participation in regulatory processes, the role of science in agency decision-making, and governance structures for mitigating climate change—ideal for the current position. We wish Professor Hammond great success at DOE and look forward to welcoming them back when their public service work concludes. ▪

Professor Schaffner Leads ABA Call for International Animal Welfare Treaty

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oan E. Schafner, Associate Professor of Law, led a group resolution, adopted by the ABA House of Delegates in February, calling on the U.S. Department of State to lead negotiation of an international convention for the protection of animals to protect public

Professors Pierce and Glicksman Among Top 30 Most-Cited Public Law Faculty

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he GW Law Environmental and Energy Program is delighted to have two of our professors among the top 30 most-cited public law faculty in the United States. The periodic ranking by University of Chicago’s Brian Leiter excludes constitutional and election law but covers a wide range of public law topics.

Richard Pierce, Lyle T. Alverson Professor of Law, is the author of more than 20 books and 130 articles on administrative law, government regulation, and the efects of various forms of government intervention on the performance of markets. His work has been cited in hundreds of judicial opinions, including over a dozen opinions of the U.S. Supreme Court. Professor Pierce is listed as the seventh most-cited public law faculty member in the United States.

health, the environment, and animal well-being. The report supporting the resolution explains the relationship between zoonotic diseases and human mistreatment of animals, focusing on wildlife trade and destruction of natural habitats by human activity and climate change. COVID-19, AIDS, SARS, Nipah virus, and Ebola all afect animals and can be transmitted to humans. The One Health concept, embraced by the U.N. and the U.S. Centers for Disease Control and Prevention, recognizes the interconnection between public health, the environment, and animal welfare,

Robert L. Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law, is a nationally and internationally recognized expert on environmental, natural resources, and administrative law issues. Professor Glicksman has written multiple casebooks, numerous book chapters, and scores of articles on environmental, natural resources, and administrative law topics, most recently on alternative ways to allocate regulatory authority, climate change, federalism issues in environmental law, the challenges facing the Professor Robert L. Glicksman federal land management agencies, and environmental enforcement.

Professor Glicksman is listed as the 22nd mostcited public law faculty member in the United States. For more information about their work, see our Publications Roundup. ▪ Professor Richard Pierce

but currently no treaty supports even minimal standards of animal welfare. ▪

Professor Joan E. Schaffner

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 3

ENVIRONMENTAL AND ENERGY L AW FACULT Y IN THE NEWS • PERSPECTIVES

Lecturers Featured in Energy Bar Association Podcasts

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egina Speed-Bost and Robert (Bob) Solomon, Professorial Lecturers in Law, teach GW Law’s entry-level class Energy Law and Regulation. For many students, these are the first professors who help them shape how they think about energy. Both recently shared their views and experiences through the Energy Bar Association’s (EBA) Energy Exchange podcast series with EBA President Mosby Perrow. Listen to the podcast at https://www.eba-net.org/resources/eba-podcasts.

Regina Speed-Bost, Professorial Lecturer in Law, spoke on leadership, diversity, courage, and small-firm practice in September 2021. Drawn from her own experience as a Black woman navigating her way through top-tier schools and the world of big law, Ms. Speed-Bost’s interview included important insights on race as well as ideas for how to have discussions about race.

Robert (Bob) Solomon, Professorial Lecturer in Law, spoke on the importance and challenges of representing the Federal Energy Regulatory Commission, jurisdictional boundaries, and life-work balance, including amusing discussions of the 1986 MTV awards, hiking, and campaign buttons.

Watch both interviews online at https://www.eba-net.org/ resources/eba-podcasts. ▪

Professor Regina Speed-Bost

Professor Robert Solomon

Code Red from page 1

Harvey Reiter Receives Tikkun Olam Award

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arvey Reiter, Professorial Lecturer in Law and a partner in Stinson LLP’s Washington, D.C., ofce, received the Jewish Council for Public Afair 2020 Tikkun Olam Award for Public Service. The award recognizes his extraordinary commitment to public service and extensive pro bono work, including serving on the advisory board of Tzedek D.C., a nonprofit organization Professor Harvey Reiter providing pro bono legal assistance on debt issues to low-income residents. Professor Rieter teaches Regulated Industries at GW Law. ▪

students accordingly. We are striving to ensure they will graduate with the tools and skills necessary to solve these problems, without causing additional issues, and before it’s too late. Fortunately, we ofer a large variety of environmental and energy law courses for students to choose from and our professors are on the job.

Former World Bank Environmental and International Law Chief Counsel Charles Di Leva teaches International Climate Change. David Muraskin discusses the impact climate change will have on crop production in his Food and Agriculture course. Brett Grosko’s Wildlife and Ecosystems Law course discusses the threat of climate change to biodiversity; and Lin Harmon-Walker’s Comparative and Global Environmental Law and Policy course focuses on climate change and other environmental disasters, their efects on poor and marginalized communities worldwide, and the rise of

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innovative laws and policies. Our courses also look broadly at the implications of energy use and how energy can be part of the solution, including our newest oferings Electricity Grid of the Future and Ofshore Wind (see page 1 article on curriculum changes). We will continue to add to our curriculum as new developments arise.

It is vital that we continue to build a strong community here at GW Law among students, faculty, and alumni so that we can work together to solve these issues. We always welcome our alumni to GW to speak about their work and share their wisdom with students. We can’t solve all the world’s issues in a day, but what we can do as a community is equip the environmental and energy lawyers of the future with the legal and policy tools they will need to efect positive change. ▪

ALUMNI NEWS

Alumni News Alumna Appointed Commissioner to FERC

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ederal energy expert Allison Clements, JD ’04, was appointed Commissioner to the Federal Energy Regulatory Commission in December for a term that expires in June 2024. Commissioner Clements, the Founder and President of Goodgrid LLC, previously served in the energy regulatory group at Troutman Sanders LLP and in the project finance and infrastructure group at Chadbourne & Parke LLP ; served on a National Academies of Science Allison Clements, JD ’04 committee on grid resilience; and co-chaired Bipartisan Policy Center’s electric grid initiative. ▪

Alum Michael Regan Sworn in as 16th Administrator of the U.S. EPA

Alum Tessa Pulaski Fights for Farmworkers’ Rights as Legal Fellow

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armworker Justice, an organization based in Washington, D.C., appointed Tessa Pulaski, JD ’21, as a legal fellow in August. The organization, in partnership with farmworkers and farmworker organizations, empowers migrant and seasonal farmworkers by providing legal advocacy, policy analysis, training, and technical assistance to farm labor unions, farmworker organizations, and related organizations.

Ms. Pulaski looks forward to engaging in work that combines her skills and passion.

“I hope to work at the intersection of climate change, food systems, and migration through research, policy advocacy, and direct representation of clients,” Ms. Pulaski said.

“Serving as a legal fellow at Farmworker Tessa Pulaski, JD ’21 Justice, the national leader in farmworker rights, I hope to bring my research experience with policy protections for farmworkers from heat exposure and pesticide exposure to bolster the organization’s critical work.

Just this past month, a farmworker died during the heatwave in Oregon.” ▪

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ichael S. Regan, GW MPA ’04, was sworn in as the 16th administrator of the U.S. Environmental Protection Agency (EPA) in March, becoming the first Black man and second person of color to lead the agency. Administrator Regan vowed to fight climate change and environmental injustice, including new initiatives to work with the global United Nations Foundation’s Clean Cooking Alliance to reduce emissions from polluting home cooking and heating sources that contribute to climate change and directly afect the health and livelihoods of almost 40 percent of the world’s population; a new Black Carbon Health Assessment in Indigenous Arctic Communities project to be implemented by the Aleut International Association based in Anchorage; and the Environmental Justice and Climate Resilience Initiative to be implemented by the North American Commission on Environmental Cooperation (CEC), a collaboration between the United States, Canada, and Mexico to support Michael S. Regan environmental justice and climate resilience in underserved communities in all three countries with funding to indigenous communities and community-based organizations for environmental justice and local climate change adaptation initiatives. View the complete announcement at https://www. epa.gov/newsreleases/epa-administrator-regan-announces-newinitiatives-support-environmental-justice-and. ▪

Alum Pearnel P. Charles, Jr., Named Co-Chair of UN NDC Partnership Global Initiative

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earnel P. Charles, Jr., LLM ’09, who is Jamaica’s Minister of Housing, Urban Renewal, Environment, and Climate Change, will represent Jamaica in a global efort to meet national emission targets as Co-Chair of the U.N. Nationally Determined Contributions (NDC) Partnership, a global initiative to help countries achieve their national climate commitments and ensure financial and technical assistance is delivered as efciently as possible. The partnership includes more than 180 developed and developing countries, as well as international institutions and non-state actors that use their resources Pearnel P. Charles Jr., and expertise to provide nations with tools LLM ’09 needed to implement national climate emissions reduction targets. ▪

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 5

CONFERENCES AND EVENTS • PERSPECTIVES

Conferences and Events Despite the COVID pandemic and GW shutdowns, the Environmental and Energy Law program produced an eclectic variety of programs this past year, some available online.

2021 J.B. & Maurice C. Shapiro Environmental Law Symposium: “Learning from the Past, and Innovating for the Future in Environmental, Natural Resources, and Energy Law”

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he April 2021 Shapiro Environmental Law Symposium brought together a unique panel of speakers consisting of GW Law graduates who are now professors in the environmental and energy law fields across the nation. Each scholar proposed a change in environmental, natural resources, or energy law needed to deal with the critical issues we face today.

Dean Dayna Bowen Matthew and Professor Robert L. Glicksman opened the symposium, challenging attendees to think critically about creating equitable solutions for climate change. Our speakers and topics included: Vanderbilt

Curriculum Changes from page 1

The fall energy seminar, formerly Energy Commodities, has a new title, reflecting the expanded scope of its syllabus: Energy Commodities, Derivatives, and Climate Change.

Professorial Lecturer Peter Malyshev, who originated the course, will be joined by newly appointed Professorial Lecturer George (Chip) Cannon, JD 9’4. David Yafe, JD 7’7, a longtime GW Law adjunct professor, will ofer a new experiential course in electric and natural gas law regulatory practice in spring 2022

Law Professor JB Ruhl, LLM ’89: “Environmental Law for ‘Deep’ Climate Adaptation; Bufalo Law Professor and Vice Dean Kim Connolly, LLM ’09: “Translating Restorative Justice Practices into Environmental Advocacy: A Promising Pathway Amidst Discord.”

Cincinnati Law Dean Emeritus and Professor Joseph Tomain, JD 7’4: “Still Greening After All These Years: Evolving Environmental and Economic Benefits of a Clean Energy Economy.” Montana Law Professor and Natural Resources Clinics Director Sandra Zellmer, LLM ’96: “Securing Public Lands, Water, and Wildlife Law.” Mercer Professor Steve Johnson, LLM ’91: “The Evolution of Supreme Court Jurisprudence on the Clean Water Act.” Lewis and Clark Law Faculty Scholar and Professor Michael Blumm, JD 7’6: “The Public Trust Doctrine Fifty Years after Sax and Some Thoughts on Its Future.”

Louisiana State Law Professor in Energy Law and Associate Professor of Law Nicholas Bryner, JD 1’2: “International Law at 50.” Vermont Law Professor and Environmental and Natural Resource

Clinic Senior Counsel Pat Parenteau, LLM ’75: “The Constitutional Role of the Courts in Crafting Remedies for Climate Disruption.” ▪

that will lead students through a state electric ratemaking case and a natural gas pipeline siting case, with particular emphasis on rules of practice and procedure, rate equity, environmental justice, and enforcement.

Newly appointed Professorial Lecturer R. Budd Haemer will teach Atomic Energy Law. Professor Haemer is Senior Nuclear Counsel for American Electric Power’s D.C. Cook Plant and has many years of experience as both an engineering duty ofcer in the Navy Nuclear

Propulsion Program and as a lawyer in private practice.

We will continue to ofer Energy Law and Regulation, our introductory survey course, taught by Professorial Lecturers Robert Solomon and Regina Speed-Bost; Oil and Gas Law, taught by Professorial Lecturer Benjamin Nussdorf; and complementary courses such as Regulated Industries, taught by Harvey Reiter, and International Project Finance taught by Alberto Cid. ▪

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CONFERENCES AND EVENTS

Inspiration for Law Students: How Two Young Lawyers Made Climate History in Mass v. EPA

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he GW Environmental and Energy Law Program hosted Richard Lazarus, Howard and Katherine Aibel Professor at Harvard Law, for a discussion of his book The Rule of Five: Making Climate History at the Supreme Court, featuring the Massachusetts v. EPA Supreme Court decision that required the EPA to regulate CO2 and greenhouse gases. Professor Lazarus introduced the two GW Law alums who were instrumental in what he called “the most important environmental law case ever decided by the Supreme Court.” Gregory Garre, JD 9’1, Partner and Global Chair, Supreme Court & Appellate Practice, Latham & Watkins, and Joe Mendelson, JD 9’1, Senior Counsel, Policy and Business Development, Tesla, were on opposing sides of the case.

Mr. Mendelson recounted his eforts to petition and then sue the EPA as a young and relatively unknown lawyer for a small nonprofit organization and how others joined the efort, ultimately resulting in Massachusetts’ win. Mr. Garre, at the time a Deputy Solicitor General and later Solicitor General of the United States, shared his experience speaking to the Justices as opposing counsel in the case.

Watch the recording at https://drive. google.com/file/d/1NQfjiv1bvBgpqdRichard Lazarus 6qUBBfZk3Ahexdh_T/view. ▪

Gregory G. Garre, JD ’91

Joe Mendelson, JD ‘91

Native American Rights and the Supreme Court Case McGirt v. OK

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tah Law Dean and Professor Elizabeth Kronk Warner, a former Tribal Judge, and Arizona State Law Professor and Tribal Judge Robert J. Miller spoke to GW Law students and faculty about the impact of the Supreme Court decision in McGirt v. Oklahoma, 591 U.S. ___ (2020). This case against a Seminole Tribe member, brought under the Major Crimes Act, resulted in an unexpectedly expansive view of the territory and jurisdiction of five Tribes (Cherokee, Choctaw, Chickasaw, Creek, and Seminole) copyrighted by the Tribes years ago as the Five Original Tribes to maintain their rights to their lands, which covered millions of acres, many of them settled since the Trail of Tears by non-Tribal members. The video includes fascinating anecdotes about the conflicting views of Supreme Court Justices on the interpretation of the act, the current situation in Oklahoma, and the implications of the case for Tribal and non-Tribal citizens living, working, and drilling for oil and gas on traditional Tribal lands. View the video at https://vimeo. com/522812356. ▪

Robert J. Miller

Elizabeth Kronk Warner

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 7

STUDENT ACHIEVEMENTS

Student Achievements Alums Laura Cahier and Aaron Aber Awarded Grodsky Prizes

Alum Natalie Cristo wins Miller Environmental Law Award

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n April, Professor Robert L. Glicksman presented the 2021 and 2020 Jamie Grodsky Prizes for Environmental Law Scholarship in a virtual ceremony to Laura Cahier, LLM ’21, a French citizen who has worked on human rights for indigenous women in South America, and Aaron Aber, JD 2’0, an associate attorney in private practice in Washington, D.C. The annual prize for an exceptional paper by a GW Law student in the environmental Aaron Aber, JD ’20 law field honors the life of Environmental and Energy Law Professor and brilliant scholar Jamie A. Grodsky. A panel of GW Law professors review and judge the competition papers.

Ms. Cahier won the 2021 prize for her paper Laura Cahier, LLM ’21 “Environmental Justice in the United Nations Human Rights System: Challenges and Opportunities for the Protection of Indigenous Women Against Environmental Violence.” Mr. Aber won the 2020 prize for his paper “We Could Stop the Fire: Re-Thinking U.S. Wildfire Management and the Healthy Forests Restoration Act.” Congratulations to both winners for persevering through the pandemic and producing outstanding scholarship! ▪

atalie Cristo, JD 2’1, received the Charles and Kathryn Miller Environmental Law Award for demonstrated excellence in the field of environmental law. Ms. Cristo was recognized for her participation at the “Re-Imagining Environmental Law” conference at Airlie House, for winning the Government Procurement Sustainability Procurement Competition and assisting with later competition teams, and for dedicated work as a faculty research assistant. ▪

Congratulations to Natalie Cristo, JD ’21

Bower and Perry Reach Semi-Finals in National Energy and Sustainability Moot Court Competition

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oseph Bower, JD ’21, and Thomas Perry, JD 2’1, finished as semi-finalists in the National Energy and Sustainability Moot Court Competition for the second straight year.

This year, they were Thomas Perry, JD ’21 down one team member, as Dina Goldman, who had competed with them last year, graduated in 2020. They were awarded runner-up for best brief.

Mr. Bower and Mr. Perry also mentored fellow students Austin Himes and Alexa Minesinger, who Joseph Bower, JD ’21 competed in the competition this year for the first time. The coach for both teams, John Shepherd, Jr., has been instrumental in creating a legacy of competitive GW teams in this competition and has built a strong community among current and past competitors. ▪

Call to Alumni: Tell us your stories!

GW’s Environmental and Energy Law Program has thousands of accomplished alumni across the world. We would love to hear what you’re doing. Please send your news, updates, and suggestions to our Program Fellow Perry Elerts at pelerts@law.gwu.edu.

If you would like to support our program and sustain our law students, please donate whatever you are able to the Environmental and Energy Law Futures Fund to help carry on our work and support our students over the next 50 years! Visit us at https://www.alumni.gwu.edu/platform-switch-gw-law-alumni to donate online.

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FACULT Y PUBLICATIONS AND PRESENTATIONS

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

Recent Book ▪ NEPA Law and Litigation, (2021 ed.) (with D. Mandelker et al.)

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GPSolo 60 ( January/February 2021) (with David E. Adelman) Enhancing Environmental Enforcement

by Example and Erudition, __ J. Land Use & Envtl. L. ___ (forthcoming) Judicial Review of Scientific Uncertainty in Climate Change Lawsuits: Deferential and Nondeferential Evaluation of Agency Factual and Policy Determinations, 46(2) Harv. Envtl. L. Rev. (forthcoming) (with D. Kim and K. Groth-Tuft)

Presentations & Panels Panel organizer and presenter, “The Role of Governance Structure in Promoting Efective and Adaptive Public Policy,” at The Association for Public Policy Analysis and Management 42nd Annual Research Conference (November 13, 2020) ▪ “Exploring the Structural Dimensions and Functions of Governmental Authority,” for the “Power in the Administrative Workshop” of the University of Pennsylvania Wharton School of Business (February 5, 2021) ▪ “An Introduction to the Federal Regulatory Process,” to the National Press Foundation (virtual) ( June 18, 2021) ▪

Articles ▪ A Tribute to George Cameron Coggins, Public Lands Maverick, 68(4) U. Kan. L. Rev. 699 (2020) ▪ Climate, Energy, Justice: The Policy Path to a Just Transition for an EnergyHungry America (2000),(with other Member Scholars of the Center for Progressive Reform) ▪ Restoring ALJ Independence, 105(1) Min. L. Rev. (2020) (with Richard Levy) ▪ Adaptive Management and NEPA: How to Reconcile Predictive Assessment in the Face of Uncertainty with Natural Resource Management Flexibility and Success, 46(1) Harv. Envtl. L. Rev. (forthcoming) (with J. Page) ▪ Designing Regulation Across Organizations: Assessing the Functions and Dimensions of Governance, Reg. & Governance, 15 Reg. & Governance ___, doi:10.1111/rego.12420 (2021) (with A. Camacho) ▪ Structured to Fail: Lessons fom the Trump Administration’s Faulty Pandemic Planning and Response, 10 Mich. J. Envtl. & Admin. L. 327 (2021) (with Alejandro E. Camacho) ▪ The Rocky Road to Energy Dominance: The Executive Branch’s Limited Authority to Modify and Revoke Withdrawals of Federal Lands fom Mineral Production, 33 Geo. Env’t L. Rev. 173 (2021),(with Hillary M. Hofman) ▪ Governing complexity: Integrating science, governance, and law to manage accelerating change in the globalized commons,” 118 Proc. of the Nat’l Acad. of Sciences No. 36 e2102798118 (2021), https://www.pnas. org/content/pnas/118/36/e2102798118. full.pdf (with multiple co-authors) ▪ Best of ABA Section Environment, Energy, and Resources Law, The Limits of Citizen Environmental Litigation, 38

Other Activities “Biden Has the Power to Restore Good Governance,” The Hill (February 20, 2021) ▪ “Who Is an Inferior Ofce, and Why Does It Matter?,” Notice & Comment (February 18, 2021) (with Alan B. Morrison, Dmitry Karshtedt et al.)

▪ Opinion, “Biden Nominated Deb Haaland to Lead the Department of the Interior. Here Are Five Top Priorities for the Agency,” CPRBLOG (December 17, 2020) ▪ Opinion, “The Trump Administration’s Latest Unconstitutional Power Grab,” Reg. Rev. (August 24, 2020) (with Alejandro E. Camacho) ▪ Opinion, “The Trump Administration’s Pandemic Response Is Structured to Fail,” Reg. Rev. (May 19, 2020) (with Alejandro E. Camacho) ▪ Opinion, “Trump is Trying to Cripple the Environment and Democracy,” The Hill ( Jan. 18, 2020, 1:02PM) (with Alejandro E. Camacho) ▪

Lin HarmonWalker, Interim Director of Environment and Energy Law Program and Visiting Associate Professor Book ▪ Comparative and Global Environmental Law and Policy (Wolters Kluwer 2020) (co-authored with T. Yang, A. Telesetsky & R. Percival) Presentations & Panels “UN University Regional Centers of Expertise in Education for Sustainable Development,” Sustainable GW presentation (2020) ▪ “Before We Start Mining the Solar System: A Few Housekeeping Issues (international principles),” GW Space Law Society (with NASA lawyers, 2020) ▪ “Notorious Disasters: the Recent Fires in Brazil and Australia,” Panel Keynote Address at II International Congress of the Superior School of Public Advocacy on Environmental Law, General Attorneys of the State of Rio de Janeiro (2020) ▪ “Learning from the Past, Innovating for the Future in Environmental, Natural Resources, and Energy Law,’’ (co-organized with Prof. Robert Glicksman and Environmental and Energy Law Fellow Perry Elerts), 2021 GW Law Shapiro Symposium featuring GW Law alumni who are now established environmental and energy law professors and scholars (see Perry Elerts’ section below) ▪ “Teaching Global and Comparative Environmental Law in an Era of Existential Crisis,” 2021 presentation to IUCN Colloquium on The Future of Environmental Law: Ambition and Reality, as part of an Education and Sustainability panel “The importance of teaching reflective and action-oriented comparative and global environmental law” (with Professor Tseming Yang, Santa Cruz Law School) ▪

continued on page 10

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 9

FACULT Y PUBLICATIONS AND PRESENTATIONS

Faculty Publications and Presentations from page 9

Richard Pierce, Lyle T. Alverson Professor of Law

Articles ▪ “The Combination of Chevron and Political Polarity Will Have Awful Efects,” GW Law Public Law Research Paper No. 2020-45 (2020) ▪ Agency Adjudication: It Is Time to Hit the Reset Button, 28 Geo. Mason L. Rev. 643 (2021) ▪ The Supreme Court Should Eliminate Its Lawless Shadow Docket, 73 Admin L. Rev. (forthcoming 2021) ▪ Regulation in the Biden Administration, 6 Adm. L. Rev. Accord 113 (2021) Other Activities ▪ Opinion, “Delegation, Time, and Congressional Capacity,” Reg. Rev. (March 9, 2020) ▪ Opinion, “Natural Gas Is Key to Addressing Climate Change,” Reg. Rev. (April 6, 2020) ▪ The Legal Framework Applicable to Charges of Rape and Sexual Assault, Yale J. Reg. Notice & Comment (May 8, 2020) ▪ Opinion, “Delegation’s Critics Should Be Careful What They Wish For,” Reg. Rev. ( June 15, 2020) ▪ Opinion, “Ending Legislative Impotence,” Reg. Rev. ( July 13, 2020) ▪ Opinion, “Reason Trumps Pretext,” Reg. Rev. ( July 30, 2020) ▪ Opinion, “The Biden Administration Should Abandon the Case Against Google,” Reg. Rev. (November 9, 2020) ▪ Opinion, “Cognitive Limits on the Value of Consumer Autonomy,” Reg. Rev. (March 15, 2021)

Emily Hammond, Glen Earl Weston Research Professor

Article ▪ U.S. Forest Serv. v. Cowpasture River Preservation Ass’n: A Limited – and Perhaps Hollow – Victory, Geo. Wash.

L. Rev. On the Docket (October 2019 Term) ( July 18, 2020) Presentations & Panels ▪ Panelist, Post-Modern Administrative Law and the Energy Lawyer, Energy Bar Association 2020 Annual Meeting and Conference, Washington, D.C. (online), April 2020 ▪ Panelist, Nationwide Injunctions and Federal Regulatory Programs, ACUS, ABA, & GW Law, Washington, D.C., February 2020 ▪ “Administrative and Energy Law: First Principles and Issues to Watch,” Future Power Speaker Series, FERC, Washington, D.C., February 2020 ▪ Panelist, “Climate Gentrification: Shifting the Burden of Risk,” 17th Annual Wiley A. Branton Symposium, Howard Law Journal, October 8, 2020 Other Activities ▪ Justices and Litigants Spar Over Whether Renewable-Fuel Law Creates a ‘Funnel’ or a ‘Safety Valve,’ SCOTUSBlog.com (April 30, 2021) ▪ A Clash Over Renewable Fuels Hinges on the Meaning of a Single Word, SCOTUSBlog.com (April 26, 2021) ▪ 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 February 6, 2020) ▪ ABA Section of Administrative Law and Regulatory Practice Scholarship Award Committee (Vice Chair, 2019-20)

Steven L. Schooner, Nash and Cibinic Professor of Government Procurement Law

Article “Sustainable Procurement: Building Vocabulary to Accelerate the Federal Procurement Conversation”

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Other Activities ▪ Collaboration with NCMA on the webinar series, Climate & U.S. Sustainable Procurement, elaborating on his ideas discussed in the March National Geographic article “What if the world’s biggest customer went green?”

Rosa Celorio, Associate Dean for International and Comparative Legal Studies and Burnett Family Professorial Lecturer in International and Comparative Law and Policy Article ▪ Several Steps Forward, One Backward: Climate Change, Latin America, and Human Rights, Resilience, 34 Md. J. Int’l L. 96 (2020) Other Activities ▪ “The Need for Human Rights in Times of Crisis,” Oxford Human Rights Hub ( June 12, 2020) ▪ “A Glimpse of Hope from the U.S. Supreme Court: Bostock v. Clayton County,” RightsViews ( June 30, 2020)

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FACULT Y PUBLICATIONS AND PRESENTATIONS

Faculty Publications and Presentations from page 10

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

Book ▪ “The Regulation of Microgrids,” in M.M. Roggenkamp, K.J. de Graf and R. Fleming, Energy Law, Climate Change and the Environment (Edward Elgar Press 2021) (book chapter) Articles ▪ “Examining Community Solar Programs to Understand Accessibility and Investment: Evidence from the U.S., Energy Policy” (forthcoming fall 2021) (with Dor Hirsch Bar Gai, Ekundayo Shittu, et al.)

▪ Significant contributor to the report: Marc H. Pfeifer, Development of Local Government Resilient Microgrids (2021) Presentations & Panels ▪ Discussion Leader, Enhancing Microgrid Deployment across the States: A NARUC-NASEO Microgrids State Working Group Roundtable (February 12, 2020) ▪ Presenter, Microgrid Financing Structures and Best Practices: A NARUC-NASEO Microgrids State Working Group Webinar (April 22, 2020) ▪ Led panel on Climate Change Mitigation and Adaptation Working Group at Airlie House (November 2019) ▪ Panel Moderator, “National Roadmap to Wildfire Resilience,” FIREWALL Workshop 2021 (on-line, September 15, 2021) co-sponsored by University of Alaska, Anchorage and The George Washington University pursuant to a National Science Foundation grant Podcast ▪ Donna Attanasio, Grid Connections, Ep. 9, YouTube, Spotify and Apple Podcasts (December 1, 2020)

LeRoy C. Paddock, Professorial Lecturer in Law Emeritus

Books ▪ “Energy Efciency at the Consumer Level in the United States,” in M.M. Roggenkamp, K.J. de Graf and R. Fleming, Energy Law, Climate Change and the Environment (Edward Elgar Press 2021) (with Bansal) ▪ “Demand Response,” in M.M. Roggenkamp, K.J. de Graf and R. Fleming, Energy Law, Climate Change and the Environment, (Edward Elgar Press 2021) ▪ Advanced Introduction to Environmental Compliance and Enforcement (Edward Elgar Press September 2021) ▪ Resilience in Energy Infastructure and Natural Resources Law (Oxford University Press forthcoming 2022) (with C. Banet, I. del Guayo, H. Mostert, M. Montoya) ▪ Creating a Framework that Supports Resilient Renewable Energy Generation (Edward Elgar Press forthcoming 2022) Articles ▪ Energy Efciency and Distributed Solar Energy Targeted to Underserved Communities: Perspectives on the Illinois Future Energy Jobs Act, San Diego J. Climate & Energy L. (fall 2020) ▪ SDG 12, in J. Dernbach and S. Schang, Making America a Better Place for All: Sustainable Development Recommendations for the Biden Administration, 51 Envtl. L. Rpt. 10310 (April 2021) Presentations and Panels ▪ “Celebrating 200 Years: A Report Card on the Legal Issues in Biden’s First 100 Days,” spoke on President Biden’s climate change and environmental policy as part of a diverse panel of GW Law experts

Joan E. Schaffner, Associate Professor of Law

Articles ▪ Geofrey Wandesforde-Smith, Joan E. Schafner et al., Coping with Human-Cat Interactions Beyond the Limits of Domesticity: Moral Pluralism in the Management of Cats and Wildlife, Frontiers Vet. Sci. ( June 11, 2021) ▪ “Valuing Nature in Environmental Law: Lessons for Animal Law and the Valuation of Animals,” in What Can Animal Law Learn fom Environmental Law?, Randall S. Abate ed, at 69 (2020) ▪ Cats and Conservationists: The Debate Over Who Owns the Outdoors, 11 J. Animal Ethics 84 (2021) (book review)

Iselin Gambert, Professor of Legal Research and Writing; Interim Director of the Fundamentals of Lawyering Program Articles ▪ I Want You to Panic: Leveraging the Rhetoric of Fear and Rage for the Future of Food, J. Food L. & Pol’y (forthcoming 2021) ▪ Trauma Is Not an Add-On: On Embracing Grief and Trauma in Our Classrooms – and Our Lives, 25 J. Legal Writing Inst. 1 (2021) ▪ Got Mylk?: The Disruptive Possibilities of Plant Milk, 84 Brook. L. Rev. 801 (2019)

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ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 1

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The George Washington University Law School Environmental and Energy Law Program 2000 H Street, NW Washington, D.C. 20052

FACULT Y PUBLICATIONS AND PRESENTATIONS

Faculty Publications and Presentations from page 11

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Perry Elerts, Visiting Associate Professor and Environmental and Energy Law Fellow

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Presentations & Panels ▪ Organized with (Professor Robert Glicksman and Professor HarmonWalker) GW Law’s 2021 Shapiro Symposium “Learning from the Past, Innovating for the Future in Environmental, Natural Resources, and Energy Law’’ featuring GW Law alumni who are professors and scholars in the environmental and energy law field (Professors J.B. Ruhl, Sandra Zellmer, Joseph Tomain, Kim Diana Connolly, Steve Johnson, Michael Blumm, Patrick Parenteau, and Nicholas Bryner)

Organized “Native American Rights and the Supreme Court case McGirt v. OK” featuring Elizabeth Kronk Warner, Dean and Professor, S.J. Quinney College of Law, University of Utah, and Former Tribal Judge; and Professor Robert J. Miller, Sandra Day O’Connor School of Law, Arizona State University Co-organized with Professor Harmon-Walker “Inspiration for Law Students: How Two Young Lawyers Made Climate History in Mass v. EPA” featuring Richard Lazarus, Howard and Katherine Aibel Professor of Law, Harvard Law, and two GW Law alumni: Joe Mendelson, JD 9’1, Senior Counsel, Policy and Business Development, Tesla, and Gregory G. Garre, JD ’91, Partner and Global Chair, Supreme Court & Appellate Practice, Latham & Watkins ▪

1 2 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.

Editor: Perry Elerts, Visiting Associate Professor of Law and Environmental and Energy Law Fellow Send questions or comments to: Lin Harmon-Walker, Interim Director of the Environmental and Energy Law Program and Visiting Associate Professor of Law, at 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