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
Training the Nation’s Military Environmental Lawyers
SPRING 2018 ISSUE PERSPECTIVES 1, 11 NEWS 1, 4–6, 12 EVENTS 2–3 PUBLICATIONS AND PRESENTATIONS 7 PROFILES 8–11
NEWS
Major Thomas Alford, U.S. Air Force, is the most recent of three military LLM’s who have won GW Law’s annual Jamie Grodsky Prize for Environmental Scholarship in the eight-year history of the award.
GW Law Approves New Masters of Science in Law (MSL) Program
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W Law’s Environmental Law program has long been one of the most prominent sources of training for members of the Judge Advocate General Corps who advise the service branches on environmental and energy law issues. Because GW Law has had a robust environmental law program since 1970, it attracted LLM students serving in the military early in the development of environmental law. The connection between service branch environmental attorneys and GW Law was solidified in the 1990s when former Air Force officer Laurent Houclé, a 1982 graduate of the GW Environmental Law LLM Program, joined GW as Co-Director of
the Environmental Law Program. Since the 1990s, GW Law has been one of the main venues for training service branch environmental LLMs. Over the last 20 years, 100 Air Force lawyers have graduated from the program as well as more than 50 from the other service branches. GW’s Environmental Law program is uniquely structured to provide service branch students with in-depth knowledge of environmental and energy law that is essential when they transition into environmental law assignments. The program offers courses in Air Pollution Law, Water Pollution Law, and Control of Solid and Hazardous Waste during the fall semester that allow students to continued on page 11
W Law is developing a new program designed for non-lawyers interested in law, which it expects to launch this spring for August 2018 enrollment. Finalization of these plans is subject to receipt of acquiescence from the American Bar Association (ABA), which GW Law hopes to receive this semester. The program is intended for professionals who are not interested in practicing law, yet who work in jobs where knowledge of law is important and enhancing that knowledge would be valuable for their careers. For example, federal or governmental affairs officers, journalists, consultants, expert witnesses continued on page 12
EVENTS
Events Sustainable Energy Initiative: The GW Law “Collaborative Conversations” Series on Emerging Energy Issues
wholesale and retail markets, utilizing and supporting the transmission and distribution systems. Achieving this more advanced state requires systemic change, in regulatory approach and market structures. The impetus for such changes comes from multiple forces, including grid architectures (inclusive of microgrids and other decentralized resources) that improve our reliability and resiliency. The event was moderated by Donna Attanasio, Senior Advisor for Energy Law Programs. A comprehensive report of the proceedings can be found on the GW Law website. As a follow-up to this seminar, Attanasio and Caitlin McCoy, Visiting Associate Professor of Law and Environmental Program Fellow at GW Law, are doing additional research on microgrid regulatory structures, and SEI will hold additional events on this topic in the future.
Consumer Protection and Universal Service in a Changing World
Microgrid Regulation On September 14, 2017, GW Law held the first in its series of “Collaborative Conversations.” This roundtable discussion, held under Chatham House Rule, addressed whether and how the regulatory framework should be reshaped to accommodate microgrids. The cross-disciplinary discussion identified a set of concerns around consumer protection and acknowledged the difficulty of accurately allocating costs to beneficiaries. The discussion also supports the conclusion that as technology fosters the deployment of advanced microgrids and decentralized control systems, full utilization of microgrids’ value requires reliance on markets and transactive structures, and seamless interplay across
On October 27, 2017, GW Law held a second “Collaborative Conversation” on the issue of “What Will Universal Service and Consumer Protection Look Like in a High-DER World?” The event included discussion across a broad cross-section of representatives of utilities, regulators, consumer advocates, new service providers, students, and recent graduates of GW Law. Professor Jim Rossi of Vanderbilt University Law School provided opening remarks, and the program was moderated by Donna Attanasio and Professor Rossi. The participants identified a number of trends that will change the way in which utilities provide service and the entities from whom customers will receive service. The tension between expanding consumer choice and maintaining service of equal quality to all was discussed, as were pricing structures, affordability, the responsiveness of utilities to consumer interests in green power, and areas where market solutions might work (or not). The participants also debated the
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authority of regulatory commissions, currently entrusted with the economic regulation of electric power, to address environmental priorities, consumer protection issues (outside of the terms, conditions, and rates of traditional utility service), and privacy issues around the use and protection of data. A report on the proceedings can be found on the GW Law website.
Writing the Road Atlas for Transportation Electrification The Sustainable Energy Initiative’s third roundtable discussion, and its first event on electrification of the transportation sector, was held on March 23, 2018. This discussion was intended to surface the most pressing issues in preparation for a more formal one- or two-day conference in the fall. Professor Joel Eisen, University of Richmond, agreed to set the framework and help facilitate the discussion. Following the format of prior roundtables conducted this past fall, a report on the proceedings will be issued following the event. The Collaborative Conversations series of discussions is supported by the J.B. and Maurice C. Shapiro Fund. n
EVENTS
Climate Roundtable
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n December 8, 2017, GW Law hosted “Climate Change Law under the Trump Administration and Perspectives on COP 23 in Bonn.” The presentations and roundtable discussion addressed the work presented in a Special Edition of Carbon & Climate Law Review, published by Lexxion. Associate Dean Lee Paddock, who edited the special edition, moderated the discussion. Authors of four of the five articles in the publication, Vicki Arroyo, Executive Director of the Georgetown Climate Center at Georgetown Law; Professor Robert Glicksman from GW Law; Fatima Ahmad and Jennifer Huang from the Center for Climate and Energy Solutions; and Charles Di Leva, visiting scholar at the Environmental Law Institute at the time, discussed their articles, the reaction of state and local authorities to the withdrawal of the U.S from the Paris Agreement, the fate of the Clean Power Plan, and the flexibility of Nationally Determined Commitments
Shapiro Symposium
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W Law held its annual J.B. and Maurice C. Shapiro Symposium on March 15 and 16, 2018, focusing on “The Public Trust Doctrine in the 21st Century.” The program began with a presentation by Professor Nicholas Robinson from Pace University Haub School of Law discussing the Charter of the Forest adopted 800 years ago in England. The charter is often seen as an early example of resources subject to a public trust. The program then examined the history of the public trust doctrine from diverging perspectives, one seeing the public trust as quite limited and the other taking a more expansive view of the doctrine. The final panel of the first day focused on the ongoing litigation of Juliana v.
Charles DiLeva of the World Bank, Vicki Arroyo of Georgetown Law, and Robert Glicksman of GW Law discuss the articles they contributed to the Special Edition of Carbon & Climate Law Review.
(NDCs) under the Paris Agreement. In addition, Ms. Arroyo and Ms. Huang reported on their recent attendance at and outcomes of COP23 held in Bonn, Germany. n
U.S., looking at it from both the viewpoint of those who support a broader view of the public trust doctrine and those who
have reservations about extending the doctrine to protect future generations from the impact of climate change. The Friday speakers examined the role of the public trust doctrine in a variety of contexts including in Western water law; the potential for its recognition under Canadian law; in natural resources protection; in climate adaptation; in the context of state “Environmental Rights Acts;” and in the states of California, Pennsylvania, and Texas. The symposium recordings are available on YouTube: ay One, March 15: D https://www.youtube.com/ watch?v=O2EJbsHTelA& feature=youtu.be Day Two, March 16: https://www.youtube.com/ watch?v=U9dVGr8-ojM& feature=youtu.be n
ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 3
NEWS
News GW Releases New Handbook for Municipalities, “Catalyzing Community Solar”
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ooftop solar energy systems have brought clean, affordable power to many people in the United States. But, solar power is often beyond the reach of lower-income residents. For them, community solar could be an answer, according to a new report from the George Washington University. The newly released Catalyzing Community Solar: A Handbook for Municipalities will help municipalities and other local governmental bodies plan and develop community solar for low-income residents. The handbook walks planners through the policy, business, and legal considerations necessary to
bring a solar project to fruition. The handbook identifies three obstacles to success — access to capital, expertise, and risk-allocation —and offers solutions, including use of public funding and brownfield sites that can help reduce the out-of-pocket cost and financial risk of a new project. It also describes five possible deployment models municipalities could use to support, finance, or build a community solar project in their jurisdictions. The handbook is available on the GW Sustainability Collaborative website. The report was written by a crossdisciplinary GW team led by: Donna Attanasio, Senior Advisor for Energy Law Programs at GW Law; John Forrer, Director of the Institute for Corporate Responsibility (ICR), Research Professor at the School of Business, and Associate Faculty at the Trachtenberg School of Public Policy and Public Administration; Amit Ronen, Director, GW Solar Institute, and Professor of Practice at the Trachtenberg School; and Scott Sklar, President of the Stella Group, and Professor of Practice in GW’s Sustainable Urban Planning Program. The remainder of the team consisted of GW students Karen Cleland (Law), Lucas Crampton (Columbian College), Matthew Elgin (Law), Burton Carey Joseph (Engineering), and Inesh Singh (Business). A community solar project provides the benefits of solar power to multiple residences or businesses from a single location. Unlike rooftop solar, a community solar project may be located on a site other than where the beneficiary lives or works. Professor Ronen explained: “Community solar makes solar accessible to people who are renters, have roofs that are shaded or in disrepair, or are unable to finance a solar
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installation. These barriers are particularly prevalent in less affluent areas, making community solar a promising way to improve access to renewable energy in low-income neighborhoods.” The handbook project was funded through a grant from the Duke Energy Renewables (DER) Innovation Fund, which is administered by the GW Sustainability Collaborative and Duke Energy Renewables. DER established the fund to further GW’s work on sustainability through cross-disciplinary initiatives. “The project allowed graduate students from the law, business and public policy programs and an undergraduate from the Columbian College, to work together,” said Ms. Attanasio. “Collaboration is an important real-world skill for our students to develop and hone. It was very exciting to see that happening on our campus.” GW purchases approximately 50 percent of the campus’s electrical needs under a contract for solar power from a facility in North Carolina owned and operated by DER. Finding a means to serve a retail customer through this type of purchase required creativity and a great deal of hard work, which brought the two organizations closer together. The Innovation Fund recognizes the continuing commitment of both organizations to fostering new approaches to solving difficult problems. Kathleen Merrigan, Executive Director of the GW Sustainability Collaborative remarked, “We are pleased and honored that DER worked with us to develop this fund to promote interdisciplinary research. Partnerships among universities, businesses, nonprofits, and governments are vital in piloting and deploying new technologies and policy solutions.” The GW Sustainability Collaborative brings together 11 institutions, centers, and initiatives on campus that work on sustainability related matters. n
NEWS
Carbon Offsetting and Reduction Scheme for International Aviation
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aitlin McCoy, Visiting Associate Professor of Law and Environmental Program Fellow at GW Law, has been continuing her work with the International Coalition for Sustainable Aviation (ICSA). ICSA is a consortium of international environmental non-governmental organizations working to address aircraft emissions and noise. ICSA works with the United Nations International Civil Aviation Organization (ICAO) on economic and environmental analysis in the sector, modeling and forecasting, and most recently the development of the Carbon
Professor Emily Hammond Testifies Before Congress: Summary of Testimony of Emily Hammond Before the Senate Committee on Environment and Public Work Subcommittee on Clean Air and Nuclear Safety
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mily Hammond testified before the Senate Committee on Environment and Public Work Subcommittee on Clean Air and Nuclear Safety on the basis of her expertise in environmental, energy, and administrative law. She specifically mentioned three current Senate bills, S. 1857, S. 839, and S. 203, during her testimony. She warned that the “Environmental Protection Agency (EPA) is abdicating its responsibilities under the [Clean Air Act] CAA” and that several of the bills under consideration
Offsetting and Reduction Scheme for International Aviation (CORSIA). Professor McCoy joined the Global Market-Based-Measure Task Force (GMTF) as a legal expert, consulting on the legal dimensions and aspects of enforceability of the Standards and Recommended Practices being created to implement the CORSIA. She attended the week-long meeting of the Steering Group of the Committee on Aviation Environmental Protection in September 2017, where the provisions written by the GMTF were analyzed and amended before approval by the committee. She recently collaborated with technical and legal experts in ICSA to produce a guide to the proposed draft of the Standards and Recommended Practices to assist states in commenting on the draft CORSIA documents. Professor McCoy is currently working to prepare for the upcoming GMTF Meeting in Montreal at the end of April. n
would “further undermine our clean air protections.” Professor Hammond began by outlining the benefits of clean air protections, detailing the considerable adverse health and environmental effects caused by air pollutants, as well as the economic benefits of clean-air protections. In reference to S. 1857, Professor Hammond relayed that the proposed rollback in protections would “impose on our society 300-800 premature deaths per year.” She stated that, “the cumulative benefit to society by 2050 of regulating air toxics is over $104 billion.” “The bills under consideration today roll back protections developed after rigorous expert analysis, public and industrial input, and cost justification.” Professor Hammond went on to outline the EPA’s failure to “carry out Congress’s mandate to ensure clean air.” She identified that the EPA is “considering revoking protections from air toxics” and expressed that the EPA attempted to illegally “delay the compliance deadlines for environmental protections that are already in effect.” Her ultimate concern is the current
Visiting Associate Professor Caitlin McCoy
administration’s failure to exercise leadership on climate change, an area that the EPA must regulate under the CAA. The EPA has previously used the social cost of carbon in their cost-benefit analyses and has ultimately Professor Emily Hammond concluded that the “benefits of protecting against greenhouse gas emissions substantially outweigh the costs.” Professor Hammond stated, “Notwithstanding the scientific consensus and the unthinkable costs of climate change, the Trump administration has taken the destructive, absurd approach of pretending that it does not exist.” In discussing the proposed rule to rescind the Clean Power Plan, Professor Hammond stated that “EPA tinkered with the numbers… to force the result it wanted.” She urged Congress to consider the bigger picture where clean-air protections and global climate are at risk. n
ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 5
NEWS
2018 Grodsky Prize Winner: Brian Gumz
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rian Gumz, Class of ’18, was presented with this year’s Jamie Grodsky Prize for Environmental Law Scholarship. The prize, which commemorates the life of Professor Jamie A. Grodsky, recognizes an original paper by a GW Law student in the environmental field as judged by a panel. Mr. Gumz’s article, “Administrative Nonacquiescence and the EPA,” discussed the practice of administrative nonacquiescence at the Environmental Protection Agency (EPA). He explained that nonacquiescence occurs when an agency refuses to conform its internal policy to an adverse circuit court ruling. While the EPA has traditionally avoided nonacquiescence, agency actions during the Obama administration indicate a new willingness to engage in nonacquiescence under major environmental statutes. “My article lends support to the constitutionality and practical necessity of engaging in nonacquiescence,” he said. “However, the article also cautions that nonacquiescence actions undermine regulatory uniformity and proposes procedures that the agency could adopt
to mitigate the risk of harm to regulated industries.” The topic of Mr. Gumz’s article was inspired by a conversation he had with Emily Hammond, Glen Earl Weston Research Professor. He shared that she tipped him off to recent EPA nonacquiescence actions, including a case pending before the D.C. Circuit, and a recent EPA rulemaking regarding nonacquiescence. “I found that there was a dearth of recent academic scholarship regarding nonacquiescence and felt that the issue could benefit from a current perspective,” Mr. Gumz said. The Grodsky Prize was presented in conjunction with the annual J.B. and Maurice C. Shapiro Environmental Law Conference on March 15. Robert L. Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law, introduced the award and highlighted the continuing scholarly influence of Jamie Grodsky’s work. Dean Morant then presented the award to Mr. Gumz. The Grodsky family attended the event. “I am very grateful to have been selected for the prize,” Mr. Gumz said. “By talking to Jamie Grodsky’s family and friends, I learned that Jamie was a phenomenal scholar, a gifted teacher, and a friend to everyone she met. I am honored to be a part of her continuing legacy.” n
Environmental and Energy Law Perspectives Environmental and Energy Law Perspectives is published annually by the Environmental and Energy Law Program at the George Washington University Law School. Editor: Lee Paddock, Associate Dean for Environmental Studies Assistant Editor: Caitlin McCoy, Visiting Associate Professor of Law and Environmental Program Fellow Send questions or comments to: Lee Paddock lpaddock@law.gwu.edu 202.994.0417 The George Washington University Law School Environmental and Energy Law Program 2000 H Street, NW Washington, D.C. 20052 www.law.gwu.edu/ environmental-energy-law bit.ly/linkedin_gwlaw_eelaw
From left to right: LeRoy C. Paddock, Associate Dean for Environmental Studies; Professor Robert L. Glicksman; Dean Blake D. Morant; Brian Gumz, 3L; Dr. Gerold Grodsky, Professor Jamie Grodsky’s father; and Andrea Huber, Professor Grodsky’s sister.
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PUBLICATIONS AND PRESENTATIONS
Publications and Presentations Professor Rob Glicksman “Reorganizing Government: Functional Differentiation of Centralized and Decentralized Authority,” presentation to Yale Law School class on Regulatory Design (20051-01) (presented remotely by Zoom) (Nov. 15, 2017).
“The Fate of the Clean Power Plan in the Trump Era,” presentation as part of discussion on papers published in the Carbon and Climate Law Review, GW Law (Dec. 8, 2017). “Enforcement of U.S. Environmental Law,” day-long presentation to Chinese environmental enforcement official sponsored by the Environmental Defense Fund, Falls Church, VA (Dec. 14, 2017). “Creative Regulators and Environmental Protection,” discussant at symposium on Regulatory Reform, Transparency, and the American Economy, George Mason University Antonin Scalia Law School, Arlington, VA (Feb. 2, 2018). “Adaptive Governance of Natural Resources,” presentation and participation at SESYNC Adaptive Governance Workshop, Annapolis, MD (Feb. 7-9, 2018).
Professor Emily Hammond
Testimony before the House Committee on Energy and Commerce Subcommittee on the Environment on policy matters related to the Clean Air Act, and before the Senate Committee on Environment and Public Works Subcommittee on Clean Air and Nuclear Safety regarding bills that would amend the Clean Air Act. At the invitation of the commissioners, presented at the Nuclear Regulatory Commission at a public hearing on citizen petition processes and administrative law. Presentations on ongoing research at Arizona State, University of Cincinnati, Florida State, and University of Oregon and quoted in a variety of media outlets on matters involving the Trump administration and energy, environmental, and administrative law.
Professor Richard Pierce Sixth edition of Modern Antitrust Law and Its Origins with Tom Morgan
Notice and Comment, an interdisciplinary online publication of Yale University: “What Actually Happened in Chevron;” “Confessions of An Administrative Law Pollyanna;” “Chenery II Poses No Threat to Liberty.”
Regulatory Review, an interdisciplinary online publication of University of Pennsylvania: “The Secretary of Energy’s Tariff Proposal Would Be Disastrous;” “Republicans Discover the Mythical Basis for Regulatory Reform;” “Valuing Bureaucracy Is a Quixotic Project.”
Associate Dean Lee Paddock
“Green Supply Chain Management” presentation at a University of Arkansas Law Review symposium in Fayetteville, Arkansas, on October 27. Lee Paddock and Natasha Rao (2L), “Green Supply Chain Management: A Perspective on Best Practices in GSCM Design” (forthcoming University of Arkansas Law Review). Lee Paddock presented in October on the role of colleges and universities in the Southeast United States in procuring renewable energy at a conference sponsored by Vanderbilt University Law School focusing on the growing demand for renewable energy in the Southeastern United States. D. Zillman, M. Roggenkamp, L. Paddock and L. Godden, Innovation in Law and Technology: Dynamic Solutions for Energy Transitions (published in March 2018 by Oxford University Press). Paddock and San Martano, “Energy Supply Planning in a Distributed Resources World,” in D. Zillman, M. Roggenkamp, L. Paddock and L. Godden, Innovation in Law and Technology: Dynamic Solutions for Energy Transitions (published in March 2018 by Oxford University Press).
Senior Advisor for Energy Law Programs Donna Attanasio
“Collaborative Conversations: Microgrid Regulation…Or Not?,” reprinted by Microgrid Knowledge.
Visiting Associate Professor Caitlin McCoy and Associate Dean Lee Paddock Paddock and McCoy, “Deep Decarbonization of New Buildings,” 48 ELR News & Analysis 10130 (Feb. 2018). n
ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 7
PROFILES
Profiles Alexandra Lelouch, LLM Class of ’18
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lexandra Lelouch is an LLM student in GW Law’s Environmental Law Program. She came to Washington, D.C., from Peru. Ms. Lelouch graduated in 2012 from Pontificia Universidad Católica del Perú with a plan to practice environmental law. She first became interested in the environment as a result of
her mother’s interest in corporate social responsibility. She began to pay attention to corporate social responsibility in Peru, and in doing so she realized how often corporate projects were halted as a result of environmental concerns. After her graduation, Ms. Lelouch practiced law in Peru for six years. She had the opportunity to work both at a big law firm as well as a boutique environmental law firm. She also worked as an attorney in telecommunications and with a commodities trading company. Ms. Lelouch left Peru because she wanted to broaden her knowledge on environmental law matters and ultimately put her abilities into practice by working at a big NGO or with a multilateral organization, such as the World Bank. She picked Washington, D.C., because it is a policy center and because she wanted
to refresh her understanding of environmental theory at GW Law. Since arriving in D.C., Ms. Lelouch has had the opportunity to intern with the World Bank, and she will be fulfilling her goal to work with an NGO this summer as an intern with The Nature Conservancy. She would ultimately prefer to stay in the United States and work on climate change or sustainable development issues. For international students interested in obtaining an LLM degree in the United States, she says, “It is not just studying that you should focus on, it’s also the culture. Take advantage of all of the events, get to know people from all around the world, and make new connections. You should look at the experience as a whole.” n
other agency actions, and he occasionally provided legal advice on legislation as well. In the late 1990s, Mr. Wyeth took on the Clinton administration’s challenge to propose approaches that were superior to the ones ordinarily required. He worked on this reinvention initiative in the General Counsel’s office and later in the Office of Reinvention, where he took on a policy role. He eventually moved on to serve as a manager in various EPA offices, primarily focused on looking for innovative environmental strategies. In 2014, Mr. Wyeth began to work in the EPA’s enforcement program, promoting “Next Generation Compliance,” an approach adopted in the Obama administration to create incentives for better compliance. After leaving the EPA to look for a new opportunity, Mr. Wyeth came to GW Law as a Visiting Scholar. He is currently researching how citizen science can influence agency decisions such as regulation and enforcement. “I am interviewing a variety of projects that involve citizen science to see whether they are effective in informing government
decisions, what barriers exist, and what might be done to get more benefit from the work of private citizens.” Mr. Wyeth also is working with former EPA staff to try to protect the institutions that have been created to deliver environmental protection. Ultimately, Mr. Wyeth feels that environmental law is “a fascinating area especially if you care about issues with a public impact . . . A lot of cases raise complex scientific and technical issues, which make them intellectually interesting.” For students looking to pursue a career in environmental law, Mr. Wyeth stated, “The biggest change from when I got involved is that issues of environmental protection and sustainability enter into many more areas of law, not just those arising under environmental statutes. Real estate, agriculture, energy, and many other practice areas require environmental expertise. Finally, I’d encourage looking beyond federal agencies to state and local governments. State attorneys in many ways have more potential impact than those working in large federal agencies.” n
Alexandra Lelouch
George Wyeth, Visiting Scholar
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eorge Wyeth’s interest in environmental law began during his childhood, but after law school, Mr. Wyeth initially worked in private practice in commercial and securities litigation. Mr. Wyeth felt that his career would benefit if he gained experience in a specialty area of law. He subsequently accepted a position with the EPA, expecting to return to private practice after a few years. Mr. Wyeth found he enjoyed the work and worked at the EPA for 27 years, leaving in January 2017. While working at the EPA, Mr. Wyeth worked in the EPA’s Office George Wyeth of General Counsel, advising EPA’s programs on legal issues and legal risks. He also was involved in litigation, primarily to defend rules and
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PROFILES
Jecoliah Williams, Class of ’19
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ecoliah Williams was born in New York City. She spent her early childhood living in Hawaii, North Carolina, and the Gobi Desert of Northern China prior to grade school, but she calls Anchorage, Jecoliah Williams Alaska, home. It was in Anchorage that Ms. Williams became interested in natural science while spending time in the Alaskan backcountry on family hikes and camping adventures. Her interest in law arose out of her six years of involvement in the Anchorage Youth Court program. Her childhood interests in natural resources and law led her to look for a career path that would blend science and law to
Michelle Castaline, Class of ’19
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ichelle Castaline first became interested in environmental law during her sophomore year of high school after taking an environmental science class, but at the time she was unaware of the impact the class had on her. While studying criminology at Florida State University, Ms. Castaline developed an interest in pursuing a law degree. After working Michelle Castaline at a boutique criminal defense law firm in Tallahassee, Florida, during her last semester in college, she felt confident in her decision to attend law school but was not confident about pursuing a career in criminal law. Six years after first being introduced to
promote more equitable regulation of natural resources. She credits her attentiveness to the variable human dimensions of resource management policies to Anchorage’s culturally diverse school system. After studying Natural Resource Science and Management at the University of British Columbia, Ms. Williams worked as a field biologist. “One memorable moment was the forced evacuation of my field team from a forestry project in Washington State by a massive wildfire in 2014.” Ms. Williams never forgot her interest in law. While working in a research position in college, she had the opportunity to observe legislative debates and commentary by rural Alaska Native communities above the Arctic Circle. “This experience reinforced my interest in law as an opportunity to support sustainable resource policy.” Ms. Williams choose GW Law because of her interest in regulatory law and desire to be in a policy center. She notes that “personal communications with the
school administration and faculty also gave me the confidence that GW was the right choice.” In law school, Ms. Williams has found her science background to be helpful. This past summer she clerked for the EPA in the Chemical Risk and Reporting Enforcement Branch. She said, “I was able to use my technical background to support major attorney efforts to address chemical contamination incidents, including a recent crisis involving a cancerous industrial chemical found in major waterways in North Carolina.” Ms. Williams has continued her dedication to environmental and energy law this school year, working as a research assistant for senior faculty in the GW Environmental and Energy Law Program. She has found a project involving First Amendment protections for citizen science groups that are collecting environmental monitoring data on public lands to be the most interesting. In the future, Ms. Williams hopes to work in the energy sector, supporting clean energy initiatives. n
environmental policy, Ms. Castaline began to look for a law school that would allow her to further explore her interests in environmental law. She chose GW Law because of the depth of the environmental and energy law program and the numerous opportunities provided by the school’s location in Washington, D.C. Ms. Castaline’s time at GW Law has solidified her interest in environmental law. “Having the opportunity to work with Dean Paddock as his research assistant and learn from him, as well as from professors and Donna Attanasio, has been incredibly enriching. Their deep understanding of energy law and environmental law has helped broaden my interests in the field.” In particular, Ms. Castaline has become interested in the intersection between environmental law and energy law. During the summer of her 1L year, she was an intern with the Association of Fish and Wildlife Agencies (AFWA), a professional trade organization that represents
the interests of North America’s fish and wildlife agencies and their interests in the conservation of fish, wildlife, and their habitats. While there, she had the opportunity to contribute to AFWA’s quarterly publication, Wildlife Law Call, writing a short analysis on the interplay between the Antiquities Act, environmental regulations protecting the Northeast Canyons and Seamounts Marine National Monument, and the pursuit of outer continental shelf energy development. This year, as a 2L, Ms. Castaline has had the opportunity to participate in the GW Law-University of Groningen Energy Law Research Program. Her research has focused on the potential benefits and legal barriers concerning the commercialization of power to gas production in the United States. Her most memorable experience in law school thus far has been the opportunity to talk about her research at a meeting of GW Law’s Energy Law Advisory Board. She is excited to travel to The Netherlands this summer as part of the Groningen Program. n ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 9
PROFILES
Diane Munns, Sustainable Energy Initiative Advisory Board Member
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iane Munns’s career in energy law was one that she fell into. A first-generation college student, Ms. Munns pursued law school because she was interested in law, but she did not know what she wanted to do with her degree. She was among the early wave of women breaking into law, and after graduation she took a job working for the Iowa Attorney General’s office. One year after law school, Ms. Munns’s Diane Munns career path changed for the better, in her opinion. She said, “you find some things in life are just
Natasha Rao, Class of ’19
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atasha Rao calls Michigan home, but she spent the majority of her childhood in China and Germany. Ms. Rao credits her interest in environmental law to her years moving around the world, receiving a firsthand view of how various countries treat environmental regulation. As an undergraduate at the University of Michigan at Dearborn, Ms. Rao focused her studies on the intersection between business Natasha Rao and environmental law, piquing her interest in corporate social responsibility and private environmental governance. During Ms. Rao’s tenure as Chairwoman of the Student and
serendipity.” As a law student, Ms. Munns interned with Iowa’s public utility commission, the Iowa Utilities Board, and when the board was expanded, she was invited to return. Looking back, Ms. Munns believes that this was the best thing that could have ever happened to her. While she did not study energy law during school, she now finds it absolutely fascinating. In fact, early in her career, while working at the Iowa Utilities Board, Ms. Munns had the opportunity to take a case all the way to the United States Supreme Court. While working at the Iowa Utilities Board, Ms. Munns worked her way from entry level attorney to General Counsel, eventually reaching the position of Chair of the Iowa Utilities Board. Ms. Munns then moved on to work at Edison Electric Institute and served as the Vice President of Mid-American Energy Company. Today, she serves as the Senior Director of External Affairs at the Environmental Defense Fund. Ms. Munns is a huge clean energy and energy efficiency advocate. She believes that we have the technology to take
carbon out of the power industry and clean up the transportation industry. She thinks that this is a really exciting place to be in right now and that involvement in this area is critical for future generations. “Sometimes people look at this field and regulation and energy and think it’s boring, but it’s very exciting, particularly now,” she said. “I hope that people will give it some consideration. For those people interested in public service, you can do a lot in this area. We need new, young, creative thinkers here.” For students interested in working in energy law, Ms. Munns strongly advises that they spend some time in state service. “It’s such a tremendous opportunity and you really get to do things you would not get to do anywhere else.” Ms. Munns expressed that often, working in state service you find yourself managing cases, opposite some of the best attorneys in the field. She feels fortunate to have started her career in state service and feels that others should take advantage of the opportunities as well before working elsewhere. n
Academic Affairs Committee at the University of Michigan at Dearborn, she conducted research on how best to improve the campus-wide recycling efforts. Ms. Rao’s desire to continue to pursue a future in environmental law drove her to look for a law school with a robust environmental and energy law program. She has found that GW Law has provided her with a well-rounded, well-balanced, and diverse law community in which she has been able to grow. “Thus far my entire law school experience has been a very great step in a positive direction toward assuring my confidence regarding my environmental law path. I have had the opportunity to work for the U.S. EPA and now the U.S. Department of Justice Environment and Natural Resources Division. Additionally, I have had many opportunities to network with practicing attorneys in the field who inspire me to further my environmental law career. One of the most important opportunities that I have
been able to take advantage of as a law student was attending last year’s 2017 J.B. and Maurice C. Shapiro Environmental Law Symposium focused on private environmental governance. This experience truly solidified my understanding of my path and passions!” Furthering her interest in the intersection between business and the environmental sectors, Ms. Rao and LeRoy Paddock, Associate Dean for Environmental Studies, are co-authors of a paper titled “Supply Chain Management: A Perspective on Best Practices in GSCM Design” that will be published in the Arkansas Law Review. She is also currently working on her law journal note, which will focus on internal regulation within the domestic shipping industry, analyzing the extent to which internal regulation is successful. Moving forward, Ms. Rao hopes to continue to focus on issues in private environmental governance, but her overall goal is to serve the public interest and make a positive impact. n
1 0 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL
PROFILES • PERSPECTIVES
David Freestone, Visiting Scholar and Professorial Lecturer in Law
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r. David Freestone is a Visiting Scholar and Professorial Lecturer at GW Law, where he teaches a course on International Climate Change Law every spring. When he started teaching it in 2009, it was possibly the first course of its kind in the U.S. He is also the Executive Secretary of the Sargasso Sea Commission, appointed by the Government of Bermuda to work to protect the iconic high David Freestone seas ecosystem of the Sargasso Sea around Bermuda. He is also Founding Editor of the International Journal of Marine and Coastal Law (now in its 33rd year), arguably the leading journal on the law of the sea. Dr. Freestone first came to the U.S. and Washington, D.C., in 1996 after he was recruited by the World Bank to serve as their Chief Counsel on Environmental and International Law. From 2004 to 2008, he served as Deputy General Counsel/Senior Advisor at the World Bank. While he was at the World Bank, his son Michael (LLM ’07) was studying International and Comparative Law at GW. It was Michael who first introduced
Training Military Environmental Lawyers from page 1
gain a deep understanding of how specific statutes and areas of environmental law function. We also offer an Energy Law and Regulation survey course in the fall semester. During the spring semester, students have access to a course on Federal Facilities Law as well as a course on Coastal and Navigation Law, in addition to a broad selection of seminars.
him to Susan Karamanian, the former Associate Dean for International and Comparative Legal Studies, and to Associate Dean for Environmental Studies Lee Paddock. In 2009, after he retired from the World Bank, Dr. Freestone was the Visiting Lobingier Professor of Comparative Law and Jurisprudence at GW Law for two years. Dr. Freestone’s path to teaching international climate change at GW Law began in England at the University of Hull in Yorkshire. Law is an undergraduate degree in the U.K., and he initially wanted to study philosophy; his parents wanted him to study economics. Law was a compromise. He fell in love with international law and went on to earn his LLM in that subject at Kings College London, and subsequently returned to Hull, where he eventually became the university’s first full Professor of International Law, earning his LLD. He worked as a law professor, teaching specialist courses on law of the sea and fisheries, until the mid 1980s when he was recruited by the Commonwealth Secretariat in London to become the Advisor to the Ministry of Foreign Affairs of the newly independent country of Antigua and Barbuda, where he and his family then lived for two years. While in Antigua, he advised on a wide range of legal issues, environmental issues, and maritime boundaries for the small archipelagic country. His work in Antigua and Barbuda was his first real introduction to the need for environmental protection. He points out that “if you live in a small fragile tropical ecosystem like a Caribbean island, environmental issues, like marine pollution, climate change and sea-level
rise, really affect you.” While he was in Antigua, the government sent him to the first meetings of the parties to the UN Cartagena Convention on Protection of the Marine Environment of the Wider Caribbean, and he took an active role in the negotiation of their Protocol on Specially Protected Areas and Wildlife (SPAW). Finalized in 1990, it is still regarded as a model for other regions. The SPAW work brought him to the attention of the secretariat planning the major 1992 Rio Conference on Environment and Development, and he produced a number of the background papers on international environmental law for the Rio Summit. When discussing his career path, Dr. Freestone admitted, “I have been lucky. I have had a lot of opportunities to do interesting things; I often seem to have been in the right place at the right time.” While at the World Bank, he and his team did a lot of work on climate change—including some of the first Carbon Trading projects. He firmly believes that climate change is the most critical issue facing the world, a key reason he proposed starting the course at GW Law in 2009. For students looking to pursue a career in environmental law, Dr. Freestone is enthusiastic. “It is a fantastic subject: challenging, interesting, and highly rewarding,” he commented. When he began his career, there were only a handful of people working in the field of international environmental law. Today it has become a huge field covering a whole range of global threats posed by human activities. It is a field that Dr. Freestone foresees will continue to expand, particularly as a result of the Paris Climate Agreement. n
The service branch students have been an important part of the GW Environmental and Energy Law Program producing significant scholarship on a number of issues through their thesis work. Three of the eight winners of the annual Jamie Grodsky Prize for Environmental Law Scholarship have been service branch attorneys. The Grodsky Prize is awarded to the best paper written for a class by a GW Law
student in a calendar year. The prize commemorates the dedication to scholarship of former GW faculty member Jamie Grodsky. We at GW look forward to continuing our collaboration with the service branches to prepare members of the Judge Advocate General Corps to provide the best possible representation to their colleagues on environmental and energy law issues. n
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Law School Environmental and Energy Law Program 2000 H Street, NW Washington, D.C. 20052
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MSL Program from page 1
who testify before government agencies, compliance officers, procurement specialists, and others are expected to find the new degree option appealing. The new Masters of Science in Law (MSL) will be a degree program, designed for maximum flexibility to accommodate full-time students interested in completing the degree in one year and part-time students who may only wish to take one or two courses a semester. Enrolled students will take courses on the Foggy Bottom campus, alongside JD and LLM students. Students will be able to design programs suitable to their needs and interests, although it is expected that many students will elect to concentrate in one of the subject areas for which GW Law is well known, such as energy
and environmental law, government procurement law, national security law, and intellectual property law. Students completing the 24-credit program will be awarded the MSL degree, with a notation regarding their area of concentration, from GW Law. Tuition will be based on credit-hours, which will allow students to proceed through the program at their own pace. This structure also provides a cost-competitive alternative for students interested in taking only one or two courses as compared to short commercial seminars or online offerings. The students will have the benefit of high-quality offerings, live instruction, interaction with their classmates both during and outside of class, and a full 13 weeks of classes each semester.
GW expects to begin accepting applications on a rolling basis, after the ABA review is complete, for enrollment in the fall semester beginning in August 2018. Applicants must have completed their undergraduate degree (by time of enrollment), and applicants will also be evaluated based on their work, as well as academic history. For more information about the program, contact Shehernaz Joshi, sjoshi@law.gwu.edu. Additional contacts are: Donna Attanasio, dattanasio@ law.gwu.edu, for energy law; and Lee Paddock, lpaddock@law.gwu.edu, for environmental law. If you are interested in other specialty focused programs, any of the above will be happy to direct you further. n