Environmental and Energy Perspectives Fiftieth Anniversary

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

ENVIRONMENTAL AND ENERGY LAW L AND TA E E N 1970-2020

EN

G Y L AW

CELEBRATING 50 YEARS

ER

V I RO N

N

M

Perspectives

GW

PERSPECTIVES

L AW

SPECIAL 50TH ANNIVERSARY ISSUE PERSPECTIVES 1–2, 6–7 L AND TA E E N 1970-2020

N

M

HISTORY 1, 20 V I RO N

EN

G Y L AW

EVENTS 4

ER

NEWS AND ANNOUNCEMENTS 3–4

FACULT Y 5–6

PROFILES 8–9, 12–19 GW L AW MESSAGES 10–11

HISTORY

Fifty Years from Now: A Thought Exercise Lin Harmon-Walker, Interim Director of the Environmental and Energy Law Program and Visiting Associate Professor of Law

F

ifty years ago, a generation of American visionaries (and a few pragmatists) created many of the environmental laws we know today in response to that generation’s well-publicized disasters (the silent spring of DDT, the Santa Barbara oil spill, the deadly brown smog of Los Angeles, the fire on the Cuyahoga River). The new slate of environmental laws of the 1970s and 80s became the models for many environmental legal systems around the world.

Nations adopting similar laws added their own refinements, and now many innovative environmental and energy laws are being generated in other areas of the world.

Here at home, the visions of the U.S. founders (such as the “fishable, swimmable waters” promised in the Clean Water Act) have not fully materialized five decades later. The laws and regulations are showing their age. There are improvements in most categories of environmental protection, so the laws have done most of their jobs, but their original intent has been watered down and innovation has ground to a halt. The continued on page 6

A Brief History of the GW Environmental and Energy Law Program

T

oday, GW Law has a comprehensive environmental, natural resources, and energy law program that includes more than 50 courses. But it also has a long history of teaching in these areas. Looking back at our annual Bulletin, we find that GW has had an Atomic Energy Law course since at least 1954 and offered a Public Utilities course in 1951. GW also has taught Oil and Gas Law, sporadically, since at least 1963. Land Use Planning courses were first taught at GW in the mid-1960s. In 1968, GW offered its first environmental law-related course—Water Resources continued on page 20

PERSPECTIVES

Perspectives Sustainable Energy Initiative: An Energy Law Research Hub Donna Attanasio, Senior Advisor for Energy Law Programs

T

he Sustainable Energy Initiative at GW Law enhances our students’ experience by providing a portal to the “real world.” SEI’s research, conferences, outreach to alumni, and relationship-building across the industry help shape the curriculum to keep it relevant. It also offers students access to practitioners and exposure to cutting-edge issues. Energy will remain an integral part of GW Law’s Environmental Program as it prepares students to address 21st century issues.

Over the last six years, SEI’s research agenda has focused on the issues and technologies needed to transition the electric sector to one that meets 21st century needs for sustainability, resiliency, and quality at affordable rates.

These areas have included storage, “utility of the future,” transportation electrification, microgrids, community solar, disaster recovery, and grid modernization, with an emphasis on sustainability, collaborative processes, and protection of vulnerable ratepayers. To further this work, SEI hosts full-day programs and an ongoing roundtable discussion series that foster cross-disciplinary examinations of emerging technologies and current issues. Students have participated in SEI work as research assistants, program participants, and co-authors, as well as benefited from learnings that the research agenda contributes to the curriculum. SEI’s future will include increased use of online and social media outreach and an emphasis on cross-disciplinary work, including with other GW

schools through Sustainable GW, as it continues to explore the intersection of law, technology, and social welfare across the energy/environmental space.

In recent years, participation in the National Energy and Sustainability Moot Court competition has provided students with the opportunity to hone critical practice skills while developing substantive knowledge. Funding from Bracewell LLP and Skadden LLP allowed SEI to sponsor teams in addition to those supported by the Moot Court Board.

Expansion to additional competitions and other skill-building and experiential learning opportunities are another avenue for student growth and are among SEI’s goals for the future.

Alumni have been, and will be, critical to GW Law’s continuing success.

Students with an interest in energy law have found work in private practice, nonprofit organizations, and government.

Strong alumni relationships have been particularly helpful in easing students through the transition from student to lawyer. Energy Connectors, an affinity group for alumni practicing in energy, was founded in 2018, and is already helping to foster a stronger sense of community.

Young alumni who have experienced the benefits of mentoring and networking firsthand have been a driving force in its formation, supported by seasoned alumni. In addition, alumni and others often reach out directly to GW Law when they have positions to fill or internships to offer, which helps build a strong career network for our students and alumni.

SEI was formed in 2013 from a generous gift from the Constellation Energy Foundation at the behest of alumnus Charlie Berardesco. Other significant gifts from alumnus Earle O’Donnell and his wife Cathy, and ongoing support from members of the Energy Law Advisory Council further enable SEI’s operations. Research has been funded through grants from the U.S. Department of Energy, the Duke Energy Renewables Innovation Fund, the Sloan Foundation, the Great Plains

2 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

Institute, and the Center for Energy and the Environment, as well as intra-university funds and revenues from program registrants and sponsorships. The other key source of funding has been gifts from alumni and others. Maintaining outside funding through grants and gifts will remain critical to SEI’s research work.

Energy Law Advisory Council Members (as of October 2019) J. Andrew “Drew” Murphy, JD ’87 (Chair) Charles A. Berardesco, JD ’83 (Chair Emeritus) Noel W. Black George “Chip” D. Cannon, Jr., JD ’94 Douglas E. Davidson, JD ’71 David J. Dulick, JD ’78 Emily S. Fisher Kevin C. Fitzgerald, JD ’91 Daniel Hagan Emma F. Hand Todd Mullins, JD ’89 Earle H. O’Donnell, JD ’75 Daniel J. Oginsky, JD ’99 Daniel F. Stenger, JD ’80 n

M

ER

EN

G Y L AW

V I RO N

N

L AND TA E E N 1970-2020

News and Announcements

L AND TA E E N 1970-2020

ER

EN

G Y L AW

V I RO N

L AW

N

M

GW

NEWS AND ANNOUNCEMENTS

GW

L AW

Jacob Burns Law Library Showcases the Environmental Field

T

he Jacob Burns Law Library is also joining the celebration of the Environmental and Energy Law Program’s 50th anniversary through several special displays of environmental law-related materials.

Starting in mid-October 2019, the primary display case in the Jacob Burns Law Library will begin its series of transformations. From Rachel Carson’s Silent Spring to the birth of the EPA, the first display will showcase Carson’s influence on this government agency.

In late November/early December, National Parks will be the focus of the display. With a brief ode to Lawlapalooza, the library’s research fair, in late January 2020, the display will return to an environmental law theme for the remainder of the Spring semester.

In mid/late April and running through to the June 2020 Reunion Weekend when our environmental law alumni will gather, the display case will feature the history of the GW Law Environmental and Energy Law Program. From the works of Arnold Reitze to the many conferences and symposiums held by the Environmental and Energy Law Program, the library display will allow current students and alumni to visit, or re-visit, some of the great moments and contributions of the program over the last 50 years.

But that is not all. The Supreme Court display case,

located next to the primary display case, will host a year-round feature of the United States v. Students Challenging Regulatory Agency Procedures case (the “SCRAP” case), an historic moment in environmental litigation led by GW Law students and faculty. Across from the primary display case, where the Rare Books display case stands, a transformation shall take place here, too. Over the holidays, this case will turn into a special feature on Roman Water Law, followed by a Forestry Law collection in the summer.

Visitors to the Jacob Burns Law Library during the 2019-20 year are certainly in for a treat.

Many thanks to Karen Wahl, Germaine Leahy, Traci Emerson, Mary Kate Hunter, Jennie Meade, and the other wonderful folks at the Jacob Burns Law Library for pulling together these special environment-focused displays. n

A sampling of the array of book materials to be featured over the course of the year

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 3

NEWS AND ANNOUNCEMENTS • EVENTS

Environmental and Energy Futures Fund

T

he GW Environmental and Energy Law Program has been one of the leading programs in the country for the last 50 years. Each year almost 100 new students come to the law school with an express interest in environmental or energy law.

To maintain and build on our leadership role and to serve the many students interested in environmental and energy law at GW, we need your support.

In recognition of the 50th anniversary of the GW Environmental and Energy Law Program, we are launching a year-long, 50th anniversary fundraising effort to provide scholarship support to students interested in the public interest practice of environmental or energy law and to provide funding for innovative new

programming that will allow GW to build on its leadership role in environmental and energy law education.

Please consider making a donation this year to the GW Environmental and Energy Law Program by designating your gift to the Environmental and Energy Futures Fund here: https://securelb. imodules.com/s/960/index.aspx?sid =960&gid=1&pgid=1451&cid=2804. n

Events 50th Anniversary Events Calendar 2019

2020

October 30 50th Anniversary official “kickoff” event featuring keynote lecture by former EPA Administrator, William K. Reilly, followed by a panel discussion with Jeffrey and Martha Kohn Senior Associate Dean for Academic Affairs and Glen Earl Weston Research Professor, Emily Hammond, and J.B. and Maurice C. Shapiro Professor of Environmental Law, Robert L. Glicksman. A small reception will be held before the event for attending GW Law alumni.

March 12 Conference on the conservation of natural resources in conjunction with the Conservation Litigation Project at GW Law.

November 18-19 Co-sponsorship with the Environmental Law Institute of a larger Re-imagining Environmental and Natural Resources Law Conference at Airlie House.

March 27 Shapiro Symposium on the theme of “future of environmental and energy law” featuring GW Law alumni who now teach environmental or energy law in various law schools throughout the United States.

April 2 Guest speaker Professor Richard Lazarus will attend GW Law for a special Shapiro Presentation on the seminal environmental law case, Massachusetts v. EPA. He will later be joined by two GW Law alumni, Joe Mendelson and Greg Garre, who were attorneys in the case, for a panel discussion.

4 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

Spring Release of a GW Law White Paper on Re-imagining Environmental and Natural Resources Law. June Special 50th anniversary program for the GW Law Reunion Weekend titled ‘Waters of the United States (WOTUS) and the Waterkeeper: A River Cruise with the Potomac Riverkeeper Network.’

Fall Three-day symposium and alumni event as the culminating program for the 50th anniversary. The symposium will focus on changes needed in several areas of environmental, natural resource, and energy law to better respond to climate change.

Fall Release of Special 50th Anniversary Journal of Energy and Environmental Law (JEEL) edition with scholarly papers building out from the Shapiro Symposium. n

M

ER

EN

G Y L AW

V I RO N

N

L AND TA E E N 1970-2020

Faculty

L AND TA E E N 1970-2020

ER

EN

G Y L AW

V I RO N

L AW

N

M

GW

FACULT Y

GW

L AW

Remembering Professor Jamie A. Grodsky

A

s we begin to celebrate the finest moments of our program’s history, we will not miss the opportunity to remember Professor Jamie Grodsky, who was an integral part of the environmental law faculty at GW Law, and whose scholarly work and memory continues to inspire new generations of environmental law students and lawyers.

Professor Grodsky was a passionate teacher, mentor, and scholar. Hailing from the West Coast (San Francisco), she joined GW Law in 2006 after having served as an associate professor at the University of Minnesota Law School.

She taught and wrote in the areas of environmental, natural resources, and science and technology law. Prior to entering academia, Professor Grodsky held legal positions in all three branches of the federal government in Washington, D.C. She also served as counsel to the Committee on Natural Resources of the U.S. House of Representatives and the Committee on the Judiciary of the U.S. Senate, and senior advisor to the general counsel of the U.S. Environmental Protection Agency. She clerked with the

Chief Judge of the Ninth Circuit Court, the Honorable Proctor Hug. Professor Grodsky had a generous and unique spirit which made her a cherished member of the GW Law family.

In her honor, the Jamie Grodsky Prize for Environmental Law Scholarship was established in 2011, by a generous gift from her father, Dr. Gerold Grodsky, and memorial gifts from her friends. The prize recognizes an original paper by a GW Law student in the environmental field as judged by a panel of faculty and scholars.

The following nine recipients of the Jamie Grodsky Prize have produced leading-edge scholarship on a variety of environmental law issues: 2011

Renée Martin Nagle (LLM ’10)

2012

Improving Energy Security with the Great Green Fleet: LCDR Jonathan Dowling The Case for Transitioning from Ethanol to Drop-In (LLM ’11) Renewable Fuels

2013

Joel Meister ( JD ’14)

Sunny Dispositions: Modernizing Investment Tax Credit Recapture Rules for Solar Energy Project Finance after the Stimulus

2014

Molly Masterton ( JD ’14)

Promoting Marine and Hydrokinetic Energy and Managing Environmental Risk: Toward an Adaptive Management Strategy

2015

Major Jason Hull (LLM ’14)

Hey Now, Let’s Be Social: The Social Cost of Carbon and the Case for Its Inclusion in the Government’s Procurement of Electricity

2016

Adrienne Thompson (LLM ’16)

Preparing for the Energy Future by Creating It: What State Public Utility Commissions Can Do to Promote Sustainable Energy Policies

2017

Thomas Alford (LLM ’16)

Off the Grid: Facilitating the Acquisition of Microgrids for Military Installations to Achieve Energy Security and Sustainability

2018

Brian Gumz ( JD ’18)

Administrative Nonacquiescence and the EPA

2019

Christopher DelGiorno (LLM ’18)

Closing the Loop: The Folly of Burn Pits and Achieving Sustainable Military Contingency Operations Through Life-Cycle Cost Analysis n

Fossil Aquifers: A Common Heritage of Mankind

Professor Jamie A. Grodsky

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 5

FACULT Y • PERSPECTIVES

Tribute to Professor Arnold W. Reitze, Jr.

A

s we embark on the next 50 years of the Environmental and Energy Law Program, we cannot forget the tremendous mark that Professor Arnold Reitze left at GW Law. Professor Reitze founded GW Law’s Environmental Law Program in 1970, creating one of the country’s first environmental law clinical programs and a unified environmental law curriculum for the law school. He created a Professor Arnold W. remarkable LLM program Reitze, Jr., J.B. and that at the height of the Maurice C. Shapiro Superfund era had an Professor Emeritus of Environmental Law enrollment of nearly 50

Fifty Years from Now from page 1

laws conceived as proactive and curative have resulted in the regulations that were doable. These are, for the most part, being managed statically rather than adaptively. They also are vulnerable to non-enforcement and subject to the vagaries of political administrations. The laws are, in short, not up to the task of restoring a nation that is rife with new and increasingly complicated problems that cross political boundaries and academic disciplines.

In March, GW Law convened a conference dedicated to “Re-Imagining Environmental and Natural Resources Law.” In November, GW Law, in conjunction with the Environmental Law Institute, will host a follow-up conference at Airlie House, a historic location that once hosted a national conference on the emerging field of environmental law back in September 1969. This coming year of anniversary events will further explore that re-imagining theme.

We hope to share a harvest of new ideas over the course of this coming year.

students. He brought to GW Law as adjunct faculty some of the region’s most eminent environmental lawyers, many of whom have taught in the program for more than a decade. He did all this while remaining a prolific author and one of the most sought-after experts on the Clean Air Act. He arrived at GW Law from Cleveland-Marshall College of Law at Cleveland State University and with extensive experience in the private sector concerning air pollution compliance counseling and litigation. He was a member of the National Academy of Sciences Committee on Demilitarizing Chemical Munitions and Agents and has been a consultant to the National Research Council’s Transportation Research Board, the Department of Defense, the Environmental Protection Agency, the National Institute of Occupational Safety and Health, the Department of Energy, and other

organizations. He headed the program and taught environmental law subjects at the law school until his retirement in 2008. Today, he serves on the Utah Air Quality Board.

Professor Reitze has taught environmental and natural resource subjects for more than 40 years. He is the author of seven books and more than 100 research studies and articles on environmental law, his most recent article being ‘Visibility Protection under the Clean Air Act’ in the 2019 Winter edition of the GW Journal on Energy & Environmental Law. For nine years he was the GW Law faculty editor of the Environmental Lawyer, a joint publication with the American Bar Association law review.

Those who have inherited the stewardship of the Environmental and Energy Law Program from Professor Reitze deeply appreciate the hard work he put in during his time here and thank him for the remarkable program he built. n

In the meantime, let me offer an admittedly optimistic, but conceivably possible 50-year future, of the many we can still choose from at this point in history. Feel free to unleash your imagination, create your own version, and share it with us.

agreements to guide the Earth back towards a livable climate.

Working together, national and local political leaders, corporation owners and managers, educational institutions, nonprofit organizations, foundations, and community groups, with assistance from the UN and world financial institutions, took the necessary steps and created the aid and incentives required to transform industrial economies and transportation systems from fossil fuels to renewable energy sources, efficiencies, and near-zero-waste storage devices.

New laws encouraged ongoing innovation to dramatically reduce greenhouse gas emissions and remediate damage to the oceans. Fossil fuel workers and managers received paid training and employment in new fuel technologies. Slowly but surely, from this sustained and heroic effort, there emerged a booming economy in zero-pollution energy sources, ecosystem remediation technologies, and innovative transportation and industrial systems.

One Potential Future

In 2070, the 100th anniversary of the now-superseded National Environmental Policy Act, the worst effects of climate change are ameliorated because in 2020 the governments and corporations of Earth finally came together. Responding to the worldwide children’s climate strikes and popular uprisings in every nation, China and the United States collaborated with the E.U. and ASEAN and brokered a proactive response to the issue. (In 2070, this historic period is known as “The Great Awakening.”) Like the drafters of the early 1970s responding to the crises of their time with proactive laws, the nations of the early 2020s (“20s”) created a comprehensive set of

6 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

continued on page 7

M

ER

EN

G Y L AW

V I RO N

N

L AND TA E E N 1970-2020

GW

L AW

G Y L AW

V I RO N

ER

EN

The changes in energy economies also led to a transformation of wasteful linear materials economies. The 20s became a renaissance era for ecology-minded scientists and inventors. The move to circular materials economies in the early 20s resulted in a world where, in 2070, virtually nothing now goes to landfills and valuable materials are automatically reclaimed and reused, eliminating hazardous and toxic mining and drilling.

All fossil fuel-based plastics and microplastics were banned in the early 20s, completely replaced by new forms of recyclable organic and biodegradable materials. The massive cleanup of fossilbased plastics from the oceans and land masses continued for decades. These efforts were aided by the invention of intelligent cleanup devices that gathered polluting materials without interfering with living ecosystems.

In 2070, children and grandchildren of the employees who worked in the hazardous and polluting jobs of antiquity are now employed in the thriving clean and green economy which is transforming the Earth. Nanotechnology guided by humans continues to do its part to clean up old landfills and salvage valuable materials for reuse. Radioactive waste is no longer being generated, and the ad hoc nuclear waste storage sites built a century or more ago have been remediated with the help of new technologies introduced in the 2030s (“30s�), although there are still old sealed-off areas around the world awaiting remediation.

In the early 20s, emergency response to the massive storms caused by rising ocean temperatures was slow and dangerous, and millions died in the chaos and confusion of communication difficulties and crippled transportation systems.

The crises precipitated the development of a universally available simultaneous translating system that allows anyone on Earth to communicate fluently with anyone else. In the late 20s and early 30s, an advanced distributed network of shielded and/or underground AI maglev trains was constructed, capable of delivering emergency supplies and healthcare N

M

Fifty Years from Now from page 6

L AND TA E E N 1970-2020

GW

PERSPECTIVES

L AW

workers almost anywhere on Earth. As the megastorms have slowly decreased, these communication and transportation systems continue to work in tandem to aid distribution of restoration resources such as building supplies, agricultural seeds, catchment and water recycling systems, ecologically appropriate live plant and animal specimens, and other necessities of life. New generations of transportation systems are on the way.

For nearly 50 years, since the nations came together to solve the climate crisis, basic primary education in all parts of the world has included history, including in-depth studies of why humans allowed climate change and other global existential threats to go as far as they did; interdisciplinary sciences and humanities; ecosystem care and management; empathy, conflict resolution, and negotiating skills; and critical thinking and problem analysis. Students are connected to classrooms across the globe. Budding lawyers can learn the basics about sustainability law, policy, and science in middle school. Humanity’s growing ecological and social literacy has effectively reduced pollution, war, and famine, and their impacts on human and non-human societies and cultures.

Visionary planners continue to develop feasible scenarios for a better standard of living for all humans while maintaining a small ecological footprint adapted to local conditions, allowing for continuing recovery of endangered species and ecosystems and support for a network of species reserves and genetic banks. Because population pressures have decreased through disasters over the years and now by choice, as the rise in life expectancy and security has reduced the size of human families, humanity has finally achieved optimum planetary carrying capacity. Whole populations in formerly war-torn or resource-deprived areas are no longer starving and are benefiting from education and sustainable food systems, enabling them to participate in a fair and sustainable network of interlinked local economies. Local teams are now capable of responding preventively and proactively to the

remnant effects of climate change. People everywhere are sharing ways to maintain productive ecosystems in changing conditions. Designated migratory corridors established during the worst climate periods continue to enable people and animals to find habitable and peaceful places in which to live.

In 2070, the Moon is a launching point for space exploration with a comprehensive suite of environmental and energy laws governing renewable fuels, waste, reclamation of space junk, and cradle to cradle recycling. Mars is being colonized, but with strict environmental laws including an advanced version of the Endangered Species Act that identifies and protects whatever nascent or opportunistic life forms may be found. Small-scale experimental terraforming is strictly controlled within tight-security domes until scientific studies have proven that it is ecologically and humanly safe and feasible. The laws of the circular economy (preserving the precious resources brought from Earth) ensure that all water, food, breathable air, or other resources are recycled, fairly distributed, and not wasted.

Throughout all these changes, several generations of adaptive environmental, energy, and natural resources laws have been guiding the careful transformations of Earth and our closest neighbors.

Environmental, energy, and natural resources law programs work seamlessly with programs across the spectrum of laws and policies to ensure that no matter where humans go, they and their ecosystems can ensure a livable future. n

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 7

PROFILES

Profiles Outstanding Alumni of the Past 50 Years

O

ver the past 50 years, the Environmental and Energy Law Program at GW Law has produced an impressive array of lawyers spanning the environmental, energy, and natural resources law fields. From academia and government to non-governmental organizations and the corporate sector, our alumni and their impact on the field are breathtaking in their reach. In this section, we take a moment to showcase a few of our outstanding alumni from each decade of the program.

1970s Barbara J. Bramble, JD ’73 Vice President for International Conservation and Corporate Strategies, National Wildlife Federation

“

The GW Law program on Environment and Energy was brand new when I arrived in 1970. I came to GW because I was inspired by the public interest law opportunities that the law school offered. For example, Professor John Banzhaf’s course spurred teams of law students to tackle a public interest problem during each semester; among other wonderful outcomes, he birthed Action on Smoking and Health (ASH) which totally changed smoking rules in the U.S. and all around the world, starting with banning smoking on airplanes. I didn’t know what kind of public interest law I wanted to practice, but I knew that GW Law would equip me with the skills to do something useful.

My amazing good luck was that during my first year, Professor Arnold Reitze, who was busy setting up environmental law courses, (and Xeroxing cases because there were no textbooks) organized an environmental teach-in at GW, as a response to the first Earth Day, which had recently taken place. I was hooked, especially on the opportunity to combine my interests in history, science, psychology, and communications (translating technical issues to a general audience) to effect social change.

8 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

Because I was able to spend part of my second year clerking for a tiny local environmental law firm that was pioneering legal avenues to challenge damaging government permits and programs, I graduated fully ready to get to work. Coming in on the ground floor of the modern environmental movement enabled me to work on some path-breaking cases. (For example, we killed a natural gas pipeline across the Arctic National Wildlife Refuge coastal plain—although we only saved that priceless region for future battles that rage until today.) Because of the high profile of that case, I was recruited to join the President’s Council on Environmental Quality as Assistant General Counsel in the Carter Administration. President Reagan put an end to the federal government paying attention to environmental matters, so I was fired.

Appealing to some of my former clients for ideas about what to pursue next, the National Wildlife Federation was interested in expanding their reach in international law and policy. So, I set up their international program, where I still lead a team of experts.

We focus on the economic and business aspects of environmental decision-making, mostly in situations where U.S.-based companies, financial institutions, or government programs have impacts on other countries. Our goal is better management of huge industry sectors which hold the key to sustainable land use and wildlife conservation. The climate change and species extinction crises are in the center of our work, and the whirlwind is relentless—fires in the Amazon; the cattle ranching, soy, and palm oil industries which drive most deforestation; climate change negotiations; the future of the timber and paper industries. But it’s work that I prepared for, long ago at GW. Conclusion: GW’s Environmental Law Program changed my life and set me on the path that I pursued for my whole career.”

M

ER

EN

G Y L AW

V I RO N

N

L AND TA E E N 1970-2020

L AW

L AND TA E E N 1970-2020

ER

EN

G Y L AW

V I RO N

N

M

GW

GW

PROFILES

L AW

Leslie Ann Carothers, LLM ’78

James Arnold Holtkamp, JD ’75

Visiting Scholar, Environmental Law Institute

“

In 1976, I moved from EPA’s mobile source enforcement division to the Office of General Counsel and decided to enroll in the relatively new part-time LLM program in environmental law. There were no environmental law courses at Harvard Law School when I graduated in 1967, and I heard that GW had a good program. One of its well-regarded leaders was Professor Arnold Reitze, and I signed up for his two required courses. (In later years, I gave Professor Reitze a hard time for giving me an 89 in one of those killer courses, preventing me from getting straight A’s in the program!) I moved to Boston with EPA after one year and had to complete the remaining LLM credits from a distance. I wrote a thesis exceeding 300 pages with Professor Harold Green on the subject of the development of EPA lead in gasoline regulations, my biggest project at EPA. He was a fine advisor. I have been interested in the challenges of integrating emerging science into environmental law, one of his major areas of expertise, ever since. He urged me to revise my tome for publication, but I was unwilling to devote any more of my spare time to it. Professor Green would be pleased that I was able to include research from my thesis in an article I wrote on the precautionary principle published 36 years later in Berkeley’s Ecology Law Quarterly.”

Amy L. Edwards, JD ’78 Partner, Holland & Knight LLP; Chair of the American Bar Association’s Section of Environment, Energy, and Resources (SEER)

“

I was drawn to the GW Environmental Law Program in 1975 because of Professor Arnold W. Reitze, Jr., who founded this pre-eminent program in 1970. No other law school had a comparable program at that time. We had no traditional textbooks but worked from mimeographed sheets in this evolving area of the law. It was an exciting time to be entering the field. It is a field where many of us have been able to continue to craft new developments over the years.”

Holland & Hart LLP; former AttorneyAdvisor in the Interior Department Solicitor’s Office and Staff of the Senate Watergate Committee; Senior Fellow, University of Utah College of Law Stegner Center

“

Although I did not take an environmental or energy law class, my GW Law education uniquely prepared me for government service and the ability to parse statutes and regulations. I started work on environmental issues shortly after graduation and have had the immense pleasure of working with Professor Reitze for many years.”

Elizabeth Anne (“Betsy”) Moler, JD ’77 Currently retired; former Executive Vice President, Exelon Corp. (led their D.C. office; on the company’s senior management committee); Partner, Vinson & Elkins; Deputy Secretary of Energy; Chair and Commissioner, Federal Energy Regulatory Commission (initiated the Commission’s restructuring of the nation’s wholesale electric utility industry through “open access” transmission leading to billions of dollars in savings for wholesale customers, while paving the way for competitive retail markets); Senior Counsel, U.S. Senate Energy and Natural Resources Committee; and miscellaneous staff positions on Capitol Hill

“

I enrolled in the GW Law program at night while working on Capitol Hill. Like many GW Law night students, I had no other way to afford to go to law school. The last year I quit my job and went during the day to speed up my graduation.

It was a grind, but I stuck it out, learned a whole new way of thinking, and earned an invaluable degree. I worked on energy and environmental issues for years on Capitol Hill and was lucky to be able to add the critical thinking skills from law school to enhance my career.” continued on page 12

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 9

MESS Message from

LeRoy C. Paddock former Associate Dean for Environmental Law Studies

W

elcome to this 50th anniversary edition of Environmental and Energy Law Perspectives. Beginning in October 2019 we are launching a year-long celebration of the Environmental Law Program at GW Law and the thousands of our graduates who now practice environmental and energy law across the nation and around the world. During this entire 50-year period, GW Law has maintained one of the leading environmental law, and now energy law, programs in the country.

We proudly recognize the 37 years that Professor Arnold Reitze served as Director of the program. Arnold’s role in building the program and keeping it among the top programs in the country cannot be overstated. He taught our first environmental law course in 1970, and he persistently grew the program over the next several decades adding new courses and distinguished adjunct faculty to teach many of the courses. He built the Environmental LLM Program that has trained so many Armed Service attorneys in environmental law, a true legacy that has driven important progress in how the Service Branches deal with environmental issues.

We are equally proud of the many adjunct faculty members from government agencies, nonprofit organizations, and private law practice who have been the rock on which our program has been built over the past 50 years. Many of these faculty members are recognized as among the top lawyers in their fields.

And, of course, we are proud of our graduates who contribute every day to the development of environmental and energy law. A small sample of these graduates from each of the last five decades are featured in the profiles section of this newsletter.

Our past has been distinguished but more than anything we look ahead to our future.

In my 12 years at GW I have been most impressed with the energy, enthusiasm, and abilities of our students. As a person who grew up in the 1960s and who appreciates students who come to their life’s work with a social consciousness, it has been very satisfying to see so many of our current environmental and energy law students approach their studies with a similar social mindedness. I am very optimistic about the future of environmental and energy law because I know our students will make significant contributions to a more sustainable future.

Arnold and I have shepherded the GW program for the past 49 years. I am pleased to now be able to turn over the reins of the program to Lin Harmon-Walker. I know that, given her years of running environmental law programs at Lewis & Clark and Pace, she is well-prepared to lead our program through its 50th anniversary and the many events we have planned for the upcoming year.

Gratefully,

Lee Paddock

AGES Message from

Lin Harmon-Walker Interim Director, Environmental and Energy Law Program

A

s a newcomer to GW Law’s outstanding Environmental and Energy Law Program, I have a deep appreciation for the legacy that Arnold Reitze, Lee Paddock, and their accomplished full-time and adjunct environmental law faculty over the years have left to the world. Generations of GW alumni, more than 3,000 strong, some now distinguished professors in their own right, have also left a legacy through their hard work to solve environmental and energy problems for their clients and for society at large. I share Lee’s optimism about today’s students, who are energized and excited to be learning the field at an increasingly challenging time for the environment. Their active participation in classes, environmental and energy student groups, journals, and internships is giving them the tools they will need to go forth together and meet the challenges of the next 50 years.

What’s ahead for the Environmental and Energy Law Program? Professor Reitze built new courses almost as fast as the field developed, which was at a rapid clip in the late 1960s and 70s. Dean Paddock has continued to introduce innovations during his term.

Although new federal environmental and energy laws have come to a virtual standstill compared to 50 years ago, innovative solutions continue in state and local legislation.

Looking forward, I predict that comparative environmental law will prove useful as innovations around the world are shared and evolved. Interdisciplinary thinking about energy and the environment will likely continue to provide new ways of teaching: law students in the same classrooms with science students, business students, medical students, and policy students, learning ways they can collaborate on finding solutions to complex, inter-related issues.

Given the success of the past 50 years and the solid foundation of this program, it is a given that the same high standards and the dedication of GW faculty and staff to an outstanding learning experience for students will continue for the foreseeable future—a legacy that will keep on giving.

Lin

PROFILES

Outstanding Alumni from page 9

“

Neil Thomas Proto, JD ’72

When I was a student, there was neither an ‘Environment and Energy Program’ nor a clinical law program in either subject that channeled student interest in the practical application of law under the careful direction of a faculty member and staff. There was, instead, a few faculty members who encouraged, more likely affirmed in students seeking it, (i) an irreverence about the law’s settled meaning, and (ii) the wholly student assumed responsibility to understand and use the law to serve a practical purpose of value to the public interest. Those faculty created opportunities for students to risk what was then a new, controversial form of hands-on learning. Those faculty members also stood vigilant against some outspoken discontented alumni and others on the faculty uneasy with such direct forms of learning and doing. Put differently, with the exception of the first GW environmental law course—which I didn’t know about, let alone take—there was no faculty buffer, compared to today, between you and the rough power of the law managed by regulatory agencies and big law firms, which often seemed inseparable, one from the other, in defining the law’s meaning and who benefited from it.

A lot came out of this reality: for me and four other students, it was a year-long battle against the United States, the Interstate Commerce Commission (whose General Counsel was a GW Law graduate), and the nation’s railroads represented by, among others, Covington and Burling. It ended in the Supreme Court of the United States with a victory on standing to sue under the newly enacted National Environmental Policy Act and Article III. See U.S. v. SCRAP, 412 US 669 (1973), and www.ToAHighCourt.com.

For me, the affirmation of that value of responsible irreverence encouraged by those faculty members, and the encouragement to use it through the exercise of our own thoughtful and earned legal skill and strategic thinking, tempered both my manner of learning and practicing the law throughout my career—appellate lawyer, U.S. Department of Justice (Environmental and Natural Resources Division); General Counsel, President’s Nuclear Safety Oversight Committee; partner in two Washington, D.C., law firms; and teaching nuclear power history and law at Yale and, among other subjects, Environmental Values and Energy Choices and Urban Sprawl and the Environment as an adjunct professor in Georgetown’s Public Policy School. My experience, shared by other such groups and individuals at GW Law at that time, also may have led to the thinking that warranted a comprehensive program on Environment and Energy and the related clinical law formulation that now thrives at GW.”

1 2 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

1980s Philip L. Comella, JD ’83 Partner, Head of Environmental Practice Group, Freeborn & Peters LLP, 2016-present; Partner, Head of Environmental Practice Group, Seyfarth Shaw LLP, 1994-2016; Senior Counsel, Chemical Waste Management, Inc., 1985-92

“

Memories: Took course on environmental litigation from two distinguished adjunct professors (One was David Buente who at the time was with the Justice Department I think.) First day of class they handed out the reading assignment consisting of a one-foot thick pile of paper that turned out to be all the major environmental statutes which they had apparently just finished copying and not necessarily in the right order. Never made it past the first 10 pages. Moral: Environmental law must be applied to be understood as it’s almost impossible to decipher the statutes standing alone.

Second memory: Arnold Reitze teaching how environmental litigation rests on the shoulders of nuisance law and pig farms.

I am still litigating nuisance cases, but now the industry is landfills, not pig farms. Impact: I majored in environmental law because I thought it was a subject that would not go away. GW had the foresight to offer many classes in the area thus attracting students who had the same sense I did. Also, I chose my current firm, Freeborn and Peters, because I knew one of the senior partners, David Gustman, a 1980 GW graduate who interviewed me for a summer associate job in 1982.”

M

ER

EN

G Y L AW

V I RO N

N

L AND TA E E N 1970-2020

L AW

L AND TA E E N 1970-2020

ER

EN

G Y L AW

V I RO N

N

M

GW

PROFILES

Lawrence Culleen, JD ’82

Pamela K. Elkow, JD ’89

“

Partner, Carmody, Torrance, Sandak & Hennessey, LLP

Partner, Arnold & Porter Kaye Scholer

GW Law provided a remarkable opportunity for me to learn and grow professionally and personally at an important stage of my life. I knew I wanted to be an attorney, and I very much wanted to study and eventually work in D.C. and be engaged with legal issues and policy matters affecting the federal government. Thus, I relished being in Washington, D.C., and being at such a well-respected institution co-located with the heart of the federal government. The law school’s environment was simply ideal; I was able to take full advantage of everything the University and the city had to offer—including working part-time as a law clerk at the U.S. EPA (the federal agency at which I would begin my legal career). The coursework I took at GW in Administrative and Environmental Law fit in very nicely with the work I was doing at the agency. Perhaps surprisingly, my very favorite course was titled, ‘Medicine for Lawyers,’ which was a remarkable diversion from the more traditional “legal” classes. In hindsight, I would gladly do it all over again. The University has been very good to me.”

GW

L AW

David Danner, JD ’83 Chair, Washington Utilities and Transportation Commission

“

In the interest of full disclosure, I did not study environment and energy law at GW, but rather focused on telecom and First Amendment law while at GW and came to energy law later in my career. That said, in addition to a great education, GW provided me proximity to people and organizations working on important policy issues at the highest levels. Energy regulation is a complex business, and the economy, public health and safety, and the environment depend on us getting it right. I am grateful to GW for giving me the foundation for an exciting, challenging, and fulfilling career.”

“

Many people go to law school for a broad education, not because they want to practice law. That wasn’t me—I wanted to be a lawyer, although I wasn’t sure what type of lawyer. After graduating from GW Law, I felt as prepared as I could be. I attribute that to the rigor of the GW Law education and the expectations and demands of the professors.”

Horst G. Greczmiel, LLM ’89

“

Currently retired; 16 years as Associate Director for National Environmental Policy Act, the Council on Environmental Quality, Executive Office of the President; 9 years as Legal Advisor, Environmental Law Division, U.S. Coast Guard; and 14 years Active Duty U.S. Army, last 3 years as Counsel, Environmental Law Division, U.S. Army

Professor Arnold Reitze’s Introduction to Environmental Law instilled an appreciation for the field and inspired me to continue the practice of environmental law. He impressed upon us the need to master the facts, principles, and rationale that guided a court’s decision, legislature’s act, or agency’s regulation if we wanted to truly be successful in providing our clients the opportunity to achieve their goals while advancing the core environmental values he conveyed. His love and in-depth knowledge of the field inspired me to continue the practice of environmental law.” continued on page 14

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 3

PROFILES

Outstanding Alumni from page 13

J.B. Ruhl, LLM ’86

Susan Noel Kelly, JD ’80

David Daniels Allen Distinguished Chair of Law, Vanderbilt University Law School; practiced law with Fulbright & Jaworski for 12 years (1982-94); have been teaching law since then, including one year as a Visiting Professor at GW (1998-99)

President and CEO, American Public Power Association

“

While I took environmental law in law school, I had no real idea when I graduated of the area in which I would specialize. I started doing energy work as a junior associate rotating through a large corporate firm, and quickly took to the people and the important policy issues. That started me on a 40-year legal and association career in energy. The legal education I received at GW made it all possible. Going to law school in D.C. opens up a whole host of career paths that you just don’t get elsewhere.”

Tom Mounteer, JD ’86, LLM ’94

“

I was a young associate at my law firm while taking night classes at GW towards my LLM, which was like burning a candle at both ends and the middle! Environmental law exploded in the 1980s with the rise of Superfund work and growing battles under the Endangered Species Act, Section 404, and NEPA. The demand outstripped the supply of lawyers skilled in the field, so the GW classes made me a magnet for environmental law matters at the firm. As a partner once said, “Let J.B. handle that—he knows what all those acronyms mean.”

Partner, Environmental and Energy Practice Group, Paul Hastings; and Adjunct Professor at GW Law

“

The Environmental and Energy Law Program has been a great companion to my practice. Arnold Reitze was a tremendous mentor and became a good friend. He was terrific as a research supervisor, and what a role model he is as an author. I enjoy the time I spend in the classroom with students. It’s a great energizer after marking up transactional documents at my desk all day. Being in front of students has taught me a lot about how to explain things to non-specialist bankers and business people. This year, I felt like I paid forward the gift Arnold gave me when I was able to help a JD student publish her first article in the Environmental Law Reporter. Her topic was a set of rules that govern hazardous material recycling that’s vexed EPA and the D.C. Circuit, and which I’ve followed, for decades.”

1 4 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

Martha Brown Wyrsch, JD ’86 President & CEO, Spectra Energy Transmission (natural gas pipelines, distribution, and transmission); President, Vestas Americas (wind turbine manufacturing, installation & service); Executive Vice President and General Counsel, Sempra Energy (electric and natural gas utilities, transmission, and distribution); Executive Vice President and General Counsel, Duke Energy (electric and natural gas utilities, transmission, and distribution)

“

I am an optimist to my core. Although we face challenges, our world enjoys enormous opportunities to lift up and improve the lives of all people. I believe that success in capturing those opportunities is underpinned by access to affordable, clean energy. My GW Law education gave me a strong foundation upon which to contribute in my small way in helping to build the energy infrastructure, networks, and business structures which have driven positive economic and social success. For that, I am grateful! Onward!”

M

ER

EN

G Y L AW

V I RO N

N

L AND TA E E N 1970-2020

L AND TA E E N 1970-2020

1990s

Allison Wood (née Carpenter), JD ’98

ER

EN

G Y L AW

V I RO N

L AW

N

M

GW

PROFILES

GW

L AW

“

Partner, Hunton Andrews Kurth LLP

Lee D. Hoffman, JD ’94; LLM ’96 Executive Committee and Partner, Pullman & Comley, LLC

“

As a Shaw Fellow in the Environmental Law Program at GW, I had the privilege of sharing an office with Arnold W. Reitze, Jr. while he was completing his 1,200-page treatise Air Pollution Law in 1995. Professor Reitze was the head of the program at the time and was the embodiment of GW’s Environmental Law Program since he founded it in 1970. It was in that office where I learned what the phrase “drinking from a firehose” meant, but I gladly drank as much as I could from that experience. And it was an experience.

One of my jobs was to keep all of his files in order, which were mostly paper back in the mid-1990s. I say mostly paper, because as I soon discovered, Professor Reitze was a man of varied interests. His “files,” for example, also included two drawers’ worth of automobile parts. When I asked him why on Earth he would keep car parts on file in a law school, he looked at me incredulously and said, “How else can you understand how Title II works under the Clean Air Act?” I’m pretty sure that most law schools teach control of air pollutants from mobile sources from a book, but Professor Reitze made sure we not only knew what the laws and regulations required, but also how a catalytic converter works.”

Joseph Mendelson III, JD ’91 Senior Counsel, Policy & Business Development, Tesla, Inc.

“

I attended law school with the goal of gaining the professional tools needed to be an effective advocate for environmentally protective and sustainable policies. GW was unique in that regard. I was able to take a wide variety of environmental law classes that were taught by real practitioners in the nation’s capital. These classes shaped not only my understanding of the law and legal reasoning but also how the real machinery of government, law, and policymaking intersect. Simply put, once I finished I had achieved my goal and was ready to embark on a successful career that has taken me from the nonprofit sector to Capitol Hill to a company leading the world’s transition to sustainable energy.”

My favorite memory from my time at the Environmental and Energy Law Program at GW Law was working as Editor-in-Chief of The Environmental Lawyer. I can vividly remember working in the old journal offices on G Street (which were eventually renovated and are something else now) with Christie Grymes Thompson, Janet Brown, and Leza Conliffe (who were the rest of the Executive Board) late into the night to meet the deadline to get the issue to the printer. Even though we were working long and late hours, we always had a good time, and we were all proud to be part of the only all-female Executive Board for a journal that year.”

Sandra B. Zellmer, LLM ’96 University of Montana School of Law Professor and Director of Natural Resources Clinics

“

Favorite Memory—A beautiful and festive Easter lunch at Arnold Reitze’s house with my LLM cohort.

I’ll never forget the joy of spending time at Arnold’s house in the woods with good friends, a beloved teacher and his family, and exquisite food and wine. The encouragement, support, and insights provided by Professors Reitze and Larry Hourcle were essential in writing and publishing my first solo article in the Harvard Envtl. L. Rev., which opened the door for a rich and rewarding academic career as a law professor.” continued on page 16

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 5

PROFILES

Outstanding Alumni from page 15

Juan C. Monticelli, LLM ’03

2000s

Section Chief, Department of Sustainable Development, Executive Secretariat for Integral Development, Organization of American States

Stacey Burton, JD ’02, LLM ’09 Senior Commercial CounselGovernment Contracts, Huntsman International LLC

“

I have always been passionate about the environment. For me, the best way to make a difference is to promote sustainability and stewardship by partnering with companies within the most challenged industries. During my years at EPA, my office strove to hold industry accountable in a meaningful way. We entered into a record number of compliance agreements with companies capable of changing not only the way they do business and impact the environment, but also effect change throughout their respective industries by implementing legal and sustainable corporate practices, training, and controls. These accomplishments are largely due to the solutions-oriented and balanced approach taught by my professors in the Environmental and Energy Law Program at GW Law. Today, I continue to use my legal expertise to promote safety and compliance with leaders in the chemical industry.”

Anne McKibbin, JD ’05

“

Elevate Energy, Policy Director

I work to find and promote equitable solutions to the climate crisis. The education I received at GW Law helped me meld my personal passion for environmental advocacy with my professional life by giving me skills needed on the job and helping me get a foot in the door when I started out. I am very lucky to have a job that addresses some of the most important challenges of our time—otherwise, I would only be doing this on weekends—and I am grateful to GW Law for helping me get here.”

1 6 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

“

My favorite memory from my time at GW Law was the Patent classes with Judge Rader. He could explain the most intricate aspects of patent case law in the simplest terms.

He was the best law professor I ever had in all my years in law school. GW made me feel valued as a student. The faculty treated students with respect, and their passion for the law and everything it represents was truly felt in the classroom.”

2010s Thomas J. Alford, LLM ’15 Military Trial Judge, Department of the Air Force

“

The Environmental and Energy Law Program prepared me very well for an 18-month long detail to the U.S. Department of Justice’s Environmental Defense Section. As a trial lawyer in that section, I was quickly thrown into CERCLA, RCRA, and NEPA litigation, and I was able to navigate those waters well using the tools that GW provided me. I’m back in criminal law currently, but I have terrific memories of my year at GW and my time at DOJ practicing environmental litigation.”

M

ER

EN

G Y L AW

V I RO N

N

L AND TA E E N 1970-2020

L AW

L AND TA E E N 1970-2020

ER

EN

G Y L AW

V I RO N

N

M

GW

GW

PROFILES

L AW

Josephine Balzac-Arroyo, LLM ’12

Christopher DelGiorno, LLM ’18

Assistant Professor, Department of Social Entrepreneurship, Rollins College; formerly Law Office of Josephine Balzac, P.A.

U.S. Air Force, Environmental Counsel for Pacific Air Forces

“

The impact of my degree and experience from GW Law has truly been invaluable. The cuttingedge courses allowed me to go deeper in different areas of environmental law, taught by professors who have had so much impact in the particular fields of environmental law. Additionally, the ability to be in D.C., where law and policy are created, enabled me to network and engage with so many professionals and like-minded individuals that truly helped shaped my direction and future. I was able to intern at EPA and work on international projects, an opportunity I wouldn’t have had anywhere else. Lastly, the GW Law degree is prestigious and recognized worldwide and has given me more credibility as a speaker, presenter, and most importantly as an educator of future generations. The level of depth of the Environmental and Energy Law program has given me significantly more expertise in various areas of environmental law. I am forever grateful to this program and my degree.”

Michelle Castaline, JD ’19 Law Clerk for the Honorable Judge Coffman, Federal Energy Regulatory Commission

“

When you become involved in energy and environmental law, you quickly find a very small, tight-knit community that can be difficult to join.

The opportunities provided to me as a student in GW Law’s Environmental and Energy Law Program were invaluable. In addition to the wide breadth of classes offered in both energy and environmental law, I was lucky enough to be able to do things such as participate in research, publish a paper, and intern in both the energy and environmental fields. Without these opportunities and the people I met along the way, I would not have the opportunity that I do now to work as a Clerk for the Honorable Judge Coffman at FERC.”

“

I was fortunate to have been selected for the U.S. Air Force’s funded LLM program and chose the Environmental Law specialization in part because it would allow me to attend GW Law. The LLM in Government Procurement and Environmental Law provided the opportunity to learn from leading scholars in both fields and served as an ideal bridge between my former position as a law firm corporate associate and my post-LLM responsibilities as a judge advocate. Professor Tom Mounteer’s Environmental Aspects of Business Transactions class provided an engaging, hands-on application of environmental law considerations to business transactions from due diligence and regulatory compliance to contract drafting and has proven invaluable in my role advising Pacific Air Forces on mission planning efforts across the U.S. Indo-Pacific Command’s area of responsibility.”

Emily Hildreth, JD ’11 Renewable Energy Program Specialist, Bureau of Ocean Energy Management, U.S. Department of the Interior

“

My favorite memory from the Environmental and Energy Law Program at GW Law is co-leading a kayak trip on the Potomac River with the Environmental and Energy Law Association (EELA). We paddled up the river, picnicked, and paddled back, all within a few miles of campus. Many of the friends I made in the EELA I remain in touch with today and they have great careers with national environmental nonprofits, the federal government, and major law firms.” continued on page 18

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 7

PROFILES

Outstanding Alumni from page 17

Renée Martin-Nagle, LLM ’10 Visiting Scholar, Environmental Law Institute; President and CEO, A Ripple Effect PLC; PhD in Law from the University of Strathclyde; and General Counsel of Airbus Americas for over 20 years (1990 to 2011)

“

The birth of my first grandson in April 2007 inspired me to dedicate my energies to making the planet a better place for future generations, and four months later I embarked on a three-year journey to earn an LLM in environmental law through GW’s Environmental and Energy Law Program while continuing to work full-time as General Counsel of Airbus Americas. The multitude of course offerings felt like a delicious smorgasbord of both domestic and international legal regimes, and the world-class instructors breathed life into environmental laws and legal theories. My thesis on fossil aquifers, which won the inaugural Jamie Grodsky Prize for Environmental Law Scholarship, gave birth to an enduring passion for governance of groundwater resources and led directly to an invitation to join the Environmental Law Institute as a Visiting Scholar after my retirement from Airbus.

My work at ELI came to the attention of the Environmental Law Program at the University of Strathclyde in Glasgow, Scotland, which recruited me to pursue a PhD there. In June 2019, nine years after graduating with highest honors from GW Law’s Environmental and Energy Law Program, I earned a doctorate in law, and Brill Publishers has agreed to publish my PhD thesis on governance of offshore freshwater. The dedicated faculty and staff at GW Law not only gave me a solid foundation of knowledge, they also opened my mind and heart to the meaningful and impactful contributions that environmental lawyers can make to ensuring that our planet supports its rich biodiversity for many generations to come.

I will be forever indebted to the program for the significant role it has played in raising my awareness and in helping me to establish a second career. Congratulations on providing educational opportunities in environmental and energy law for 50 years. I have no doubt that the program will continue to lead and inspire for many years to come.”

Molly Masterton, JD ’14 Oceans Staff Attorney, Natural Resources Defense Council

“

Studying environmental law at GW Law opened up a world of practical learning for me that I don’t think could have been matched elsewhere. From sharing the classroom with GW’s talented adjunct faculty who generously take time from their day jobs at every level of government, to participating in student-led advocacy projects and clinics, I will always thank GW Law and its commitment to public interest work for shaping me as an environmental advocate.”

Joel Edward Meister, JD ’14

“

Associate, Foley & Lardner LLP

The value of my GW Law education is reflected on an almost daily basis in my vocation. I was fortunate to have a number of courses directly relevant to my daily practice in renewable energy project finance and M&A. From courses like Transactional Legal Drafting and Business Planning to Energy Law and Regulation and International Project Finance, I benefited greatly from the instruction and wisdom of GW professors on the minutiae of real-world assignments like drafting asset purchase agreements, structuring partnership agreements, and conducting due diligence on interconnection agreements and power purchase agreements. I have yet to come across colleagues in my industry who had access to a similar depth of practical learning experience while in law school. GW’s diverse course offerings, experienced faculty, and world-class networking opportunities in the heart of D.C. gave me and countless other students an invaluable launching point for a legal career in energy and environmental law.”

Carrie A. Mobley, JD ’17

“

Associate, McGuireWoods, LLP

My favorite memory from the GW Environmental and Energy Law Program was my trip to Groningen to study distributed energy and its impacts on reliability. Not only did the experience deepen my understanding of distributed energy platforms in the U.S., but it also expanded my knowledge of how other countries are managing the ever-changing composition of the electric grid. The beautiful scenery was, of course, an added bonus!”

1 8 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

M

ER

EN

G Y L AW

V I RO N

N

L AND TA E E N 1970-2020

L AW

L AND TA E E N 1970-2020

ER

EN

G Y L AW

V I RO N

N

M

GW

GW

PROFILES

L AW

Addison Perkins (née Miller), JD ’16 Associate (Energy & Infrastructure), Hunton Andrews Kurth LLP

“

Young lawyers often have less exposure to transactional work than litigation or regulatory practices, but the many courses and advanced seminars helped to prepare me for the deals I now manage day-to-day.”

John P. Perkins, III, LLM ’13 Senior Counsel, McGuireWoods, LLP; former Trial Attorney and Acting Branch Chief, Federal Energy Regulatory Commission, Office of Administrative Litigation

“

The LLM program allowed me to transition from a career in commercial litigation to a focus on energy law both by giving me the substantive background I needed and the opportunity to network with the practitioners and regulators in the field.”

Josh Robichaud, JD ’18

“

Associate, Bracewell LLP

The variety of coursework and extracurriculars offered by the GW Environmental and Energy Law Program have given me a great head start as I begin my career as an energy attorney. From my initial Energy Law and Regulation class through Donna Attanasio’s U.S. Electric System and Sustainability seminar, I was able to develop a holistic and detailed understanding of the field. This experience was further bolstered by the Energy Law Moot Court Sponsorship and the GW-University of Groningen Student Exchange Program which allowed me to apply what I had learned in my coursework. All in all, I could not have asked for a better foundation to start my career!”

Jecoliah R. Williams, JD ’19 Associate Attorney, Regulatory Practice, Michael Best & Friedrich LLP; former Dean’s Scholar Research Assistant, GW Environmental and Energy Law Program; and Honors Law Clerk, U.S. Environmental Protection Agency

“

The interconnection between energy and environmental disciplines is one of the greatest strengths of the GW Environmental and Energy Law Program. As a former field biologist with wide-ranging interests in environmental mitigation, sustainable resource development, and clean energy solutions, attending GW Law gave me the opportunity to explore a diversity of topics while building a career that combines science and policy. In particular, I owe a huge debt of gratitude to the many excellent professors in the Environmental and Energy Law Program who have taught and mentored me, and who continually inspire me to work towards cutting-edge legal solutions for sustainability.”

Tayyaba Waqar Zeb, LLM ’15 Assistant Chief Counsel for Environmental Policy, U.S. Small Business Administration, Office of Advocacy

“

The GW Environmental and Energy Law Program provided me with the motivation and direction that has led me to a successful career in environmental law. Among many of the great professors at GW, one of my favorite professors is Robert Glicksman who taught the Clean Air Act class and Regulation of Toxic Substances Risk. His teaching style was unique, engaging, and encouraging.” n

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 9

M EN

G Y L AW

HISTORY

ER

V I RO N

N

L AND TA E E N 1970-2020

GW

G Y L AW

V I RO N

EN

M

EN

ER

V I RO N

N

M

EN

G Y L AW

V I RO N

ER

2 0 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

GW

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: Achinthi Vithanage, Visiting Associate Professor of Law and Environmental and Energy Law Fellow Many thanks to GW Law student Mary Crowell (2L) for her assistance in collating the alumni profiles.

Send questions or comments to: Achinthi Vithanage avithanage@law.gwu.edu The George Washington University Law School Environmental and Energy Law Program 2000 H Street, NW Washington, D.C. 20052 Connect with GW Enviro Law: LinkedIn | Twitter | Facebook | Newsletter | Journal

L AW

G Y L AW

N

designed the Environmental LLM Program with the needs of the Armed Services in mind. Our military ENVIRONMENTAL students take in-depth & ENERGY LAW courses in Air, Water, GW L AW and Waste Laws; Federal A selection of the logos used by the GW Environmental Facilities Environmental and Energy Law Program over the years Law; and other courses that allow them Law—and added three natural resources to come in with little or no knowledge law courses. of A N Denvironmental law and nine months L TA E E N 1970-2020 In 1970, the Ford Foundation, seeking later go to assignments where they will be to enhance environmental education in advising on a wide range of environmental the United States, awarded a $250,000 issues. GW Law has trained approxifive-year grant to GW Law to strengthen mately 300 Armed Services lawyers in programs in teaching and researching environmental law.

G environmental law. Utilizing this funding, W L A WGW Law also made significant GW Law hired Professor Arnold Reitze, contributions to environmental scholthen teaching in Cleveland, to lead the arship, including co-publishing The GW Environmental Law Program. In the Environmental Lawyer with the American fall of 1970, Professor Reitze taught the Bar Association Section of Environment, first Environmental Law course offered Energy, and Resources (then SONREEL)

by GW along with a course on Air, Water, from 1994 to 2003. This contribution and Solid Waste Pollution Control. He only continued to grow and expand into led GW’s Environmental Law Program cross-disciplinary work over the next for 37 years. Today, GW Law teaches couple of decades. courses across the spectrum of environBeginning in 2008 shortly after mental, natural resources, and energy law LeRoy (Lee) Paddock was named and has over 3,000 alumni who practice Associate Dean for Environmental Law in these fields.

Studies, GW Law began increasing its In the early 1970s, GW Law also focus on energy law recognizing the broke ground in environmental litiincreasing intersections between environgation with the case of United States v. mental and energy law. This work began Students Challenging Regulatory Agency with the launch of the GW Journal of Procedures (better known as U.S. v.

Energy and Environmental Law ( JEEL), SCRAP). This landmark U.S. Supreme continued through the additional of Court case, initiated by five GW Law several new energy law courses, and led students—George Biondi, John Larouche, to the creation of the Sustainable Energy Neil Thomas Proto, Kenneth Perlman Initiative (SEI). Under the direction and Peter Resselar—and working with of Senior Energy Law Advisor Donna Professors John Banzhaf and Peter Attanasio, SEI energy research has Meyers, established that the students had focused on areas such as microgrids, standing to sue the Interstate Commerce community solar development, electric Commission (ICC). vehicles, and disaster recovery. Also GW Law’s LLM in Environmental falling under the SEI umbrella is the GW Law was first offered in the 1971-72 Law-University of Groningen Energy Law academic year. Since the beginning of Program that pairs students from both the LLM program about 1,000 students schools on joint U.S./E.U. energy research have completed an LLM in one of our projects. four specialty areas: Environmental The excellence of GW Law’s Law, International Environmental Environmental and Energy Law Program Law, Government Procurement and was recognized in 2010 when it was Environmental Law, and Energy and awarded the American Bar Association Environmental Law. Professor Reitze Section of Environment, Energy, and

N

L AND TA E E N 1970-2020

L AND TA E E N 1970-2020

ER

Resources award for Distinguished Achievement in Environmental Law and Policy.

Looking briefly at the numbers, by the time 2019 wraps up, more than 4,700 students will have taken the Environmental Law Survey course at GW Law. At the same time, more than 900 LLM degrees in Environmental Law will have been awarded. With this solid record in excellence, GW Law’s Environmental and Energy Law Program is well-poised for equipping its students for the coming future of environmental and energy law.

For a more detailed visual journey through the history of GW Law’s Environmental and Energy Law Program, please visit our online timeline at: https://www.law.gwu.edu/fifty-yearsenvironmental-and-energy-law. n M

Brief History from page 1

L AW