Elisabeth Haub School of Law at Pace University
@PaceEnviroLaw is now:
2016-17 Leadership Report LEADERSHIP REPORT 2016–2017 1
2016-17 Calendar of Events Distinguished Junior Scholar Presentation by Michael Livermore (Virginia)
from the Associate Dean
Future Environmental Law Professors Workshop with keynote speaker Pat Parenteau (Vermont)
JD with Certificate in Environmental Law
Gilbert & Sarah Kerlin Lecture on Environmental Law by Marc Yaggi (JD ’97, Waterkeeper Alliance)
JD with Concentration in Land Use and Real Estate Law
Land Use & Sustainable Development Law Conference: The Economics & Equity of Sustainable Development
LLM in Environmental Law
SEPTEMBER 16: OCTOBER 26:
FEBRUARY 23-25: Jeffrey
G. Miller National Environmental Law Moot Court
Lloyd K. Garrison Lecture on Environmental Law by Ann Carlson (UCLA)
Foundations & Principles for a New Era of Environmental Law (co-sponsored by ABA SEER and the Pace Environmental Law Review)
Earth Day Jam featuring our student-faculty band, The Recess Appointments
LLM, Energy and Climate Change Specialization LLM, Land Use and Sustainable Development Specialization LLM, Global Environmental Law Specialization
Joint Degree Programs JD/Master of Environmental Management with Yale School of Forestry and Environmental Studies JD/MS in Environmental Policy with Bard Center for Environmental Policy JD/LLM in Environmental Law
In 2016, the Pace Environmental Law Program — now known as the Haub Environmental Law Program at Pace University — entered a new era of growth and transformation with the support of the family of Elisabeth Haub, the environmentalist for whom we are now named. In the past year, we created the Pace-NRDC Food Law Initiative, welcomed new faculty and scholars to campus, and cheered our student-centered Environmental Litigation Clinic, Energy and Climate Center, Land Use Law Center, Global Center for Environmental Legal Studies, and Brazil American Institute for Law and Environment as they advanced environmental law and policy in many arenas. In the coming year, we are excited to continue this momentum by launching a new Food and Beverage Law Clinic, becoming joint home to the Secretariat of the International Union for Conservation of Nature Academy of Environmental Law, and more. We are proud of our Program’s national and international reputation for excellence in the field of environmental law and of the skilled environmental lawyers we train. The innovative work of our dedicated faculty, alumni, students, and friends has strengthened environmental law and policy on the local, national, and international levels. We look forward to building on our decades of history and tradition with new, exciting endeavors under a new name.
JD/MBA with Pace University JD/MEP with Pace University JD/MPA with Pace University Jason J. Czarnezki Gilbert and Sarah Kerlin Distinguished Professor of Environmental Law Associate Dean and Executive Director of Environmental Law Programs
Students and faculty at the Environmental Litigation Clinic Cover photo by Toshi Sasaki Kayaking on the East River
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LEADERSHIP REPORT 2016–2017 3
Elisabeth Haub School of Law at Pace University In May of 2016, Pace Law School was renamed the Elisabeth Haub School of Law at Pace University in honor of a tireless environmental advocate and philanthropist and in recognition of the school’s longstanding partnership with the Haub family. The Haubs’ transformational gift, the largest in Pace University’s history, creates a substantial endowment for our Environmental Law Program, supporting: • Two new endowed environmental faculty chairs • A new visiting scholars program • A scholarship program for top law students with environmental interests • Our environmental law clinics, including our renowned Environmental Litigation Clinic and United Nations Environmental Diplomacy Program • Environmental law experiential and externship programs for our students • An “innovation fund” to tackle emerging environmental issues in new and creative ways This generous gift reinforces our Environmental Law Program’s status as a leader in educating highly-qualified environmental lawyers and aiding in the development of environmental law. It will allow us to build our innovative partnerships and programs and to better support our students and alumni in their education and career goals. Born in 1899 in Germany, Elisabeth Haub devoted much of her life to the stewardship of sustainability, forming the first foundation dedicated to establishing laws for nature conservation and environmental protection. Farsighted in her work, she recognized the global nature of environmental issues and the importance of a balanced approach to sustainable growth long before many of her generation. She played an important part in the creation of the United Nations World Charter for Nature and supported extensive legal groundwork for the Convention on International Trade in Endangered Species (CITES) (1973). Elisabeth’s organization continued in her footsteps by supporting the research that formed the foundation for the Convention on Migratory Species (1979), the Convention on Biological Diversity (1992), and the revised African Convention on the Conservation of Nature and Natural Resources (2004). Since her death in 1977, Elisabeth Haub’s children and grandchildren have continued her environmental work through the family business and by founding the Elisabeth Haub Foundations for Environmental Law and Policy. In 1997, Pace University and the International Council of Environmental Law, in collaboration with the Haub family, created the Elisabeth Haub Award for Environment Diplomacy. Bestowed annually, the prestigious award recognizes the innovation, skill and accomplishments of diplomats, international civil servants, and other negotiators who work to shape the world environmental order. Our program is proud to be part of Elisabeth’s extraordinary legacy of promoting the progress of environmental law and policy. 4 Haub School of Law • Environmental Law Program
Collaborations and Partnerships IUCN Academy of Environmental Law Secretariat Through the Maryland-Pace Environmental Law Alliance, the Haub Environmental Law Program has become the joint home of the Secretariat for the IUCN Academy of Environmental Law. The organization connects thousands of environmental law professors and students, boasting individual and institutional members in every region of the world. Through collaborative annual colloquia, training programs, publications, and more, the Academy aims to build environmental law education capacity and to promote the conceptual development of environmental law around the globe. Both Pace and Maryland have been intimately involved in the Academy’s work since its founding in 2003, and we are excited to work closely with the Academy Board and its members moving forward. Food and Beverage Law Clinic With a generous grant from alumnus Rob Sands and Constellation Brands, where Mr. Sands is CEO and President, the Haub Environmental Law Program recently launched a new Food and Beverage Law Clinic that will provide transactional legal services to farmers, community and grassroots groups, and mission-oriented food and beverage entrepreneurs. The Clinic is part of a broader collaboration between the Program and the Natural Resources Defense Council (NRDC) in expanding the capacity of the legal community to serve individuals and organizations that seek to build a more sustainable and healthy regional food system. Clinic students will work directly with innovative farmers, food entrepreneurs, micro brewers and distillers, and other activists who must navigate a complicated legal landscape governing everything from labelling to estate planning. Environmental Graduate Research Fellows Program The Haub Environmental Law Program is pleased to welcome four graduate research fellows to its staff and LLM program in the 2016-17 academic year: Renner Walker (Environmental Fellow), Jullee Kim (Global Environmental Fellow), Sheryl Musgrove (Equal Access to Sustainable Energy Fellow), and Dan DePasquale (Land Use and Sustainable Development Fellow). Each fellow works part-time in one of our programs or centers while earning an LLM in Environmental Law. Hailing from Arizona, Iowa, and New York, the fellows bring varied interests and life experience to their work with our faculty and staff on innovative projects throughout the year. Past fellows have gone on to work at Riverkeeper, NRDC, and FEMA, to name a few. Applications for 2017-18 will open in January 2017. Please keep an eye on our website for information.
LEADERSHIP REPORT 2016–2017 5
Clinics, Centers, and Experiential Learning
Our award-winning, pioneering Environmental Litigation Clinic incorporates students into a thriving environmental law practice representing public interest groups.
The Land Use Law Center fosters the development of sustainable communities by promoting innovative land use strategies and dispute resolution techniques.
The Energy and Climate Center’s mission is to protect the earth’s environment by transforming the ways society supplies and consumes energy.
Projects and News
Projects and News
• Stop the Pipeline v. Federal Energy Regulatory Commission: On behalf of Stop the Pipeline, the Clinic has been aggressively challenging the construction of the Constitution Pipeline, which would cut through otherwise pristine New York forest. It successfully prevented any tree cutting in New York and helped to convince NYSDEC to deny the Pipeline’s application for a water quality certification.
• With support from New York Sea Grant, the Center conducted a Land Use Leadership Alliance Training Program for Long Island communities, emphasizing innovative approaches to sea level rise adaption, economic development, hazard mitigation, and natural resource protection as a way to strengthen community planning, regulation, and decision-making.
• The Center established Haub as the leading academic institution engaged in the history-making New York Reforming the Energy Vision (“REV”) initiative, helping to shape the future of electric service and markets in New York.
• Construction of the New NY Bridge: On behalf of Riverkeeper, the Clinic served notices of its intent to sue the New York State Thruway Authority regarding its construction of the Tappan Zee Bridge replacement, which is killing endangered Hudson River sturgeon in violation of the Endangered Species Act and stirring up heavily contaminated sediment in violation of the Clean Water Act.
• The Center provided technical support to the NYSolar Smart Planning and Zoning Working Group and Sustainable CUNY (City University of New York) to develop the Model Solar Energy Law and Toolkit, which helps communities adopt zoning provisions that promote solar energy systems while protecting community character and the environment. @LandUseLC
• As a public interest party in every New York electric utility rate case, the Center secured important regulatory decisions supporting clean energy development relating to the Regional Greenhouse Gas Initiative, emissions from small generators, and much more. • The Center formed the Northeast Solar Energy Market Coalition, an unprecedented coalition of regional solar business associations, with support from the U.S. Department of Energy’s SunShot Initiative Solar Market Pathways Program. @Paceenergy
years since the environmental law program opened its doors
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A member of the International Union for the Conservation of Nature, the Global Center for Environmental Legal Studies engages in innovative projects addressing global environmental challenges. Projects and News • Co-Director Dean Emeritus Richard L. Ottinger will host a “Knowledge Café” panel on the economic advantages of energy efficiency and renewable energy for the conservation of nature and the service of countries’ economic development aspirations. It will feature expert panelists from Pakistan, China, Singapore, Italy and the United States. • Co-Director Professor Nicholas Robinson delivered a keynote address at the IUCN/ UNEP World Congress on Environmental Law in Rio de Janeiro. The Congress launched the IUCN Global Judicial Institute on the Environment, a project that the Center has advanced since 1998. Also in Rio, the College of Magistrates of Rio de Janeiro honored Robinson with its medal of excellence for his endeavors to support the courts and maintain juridical culture. @GlobalCELS
of environmental students pass the New York bar exam as first-time takers
environmental alumni living and working in 40 countries around the world
full time faculty working on environmental law
LEADERSHIP REPORT 2016–2017 7
Clinics, Centers, and Experiential Learning
The Jeffrey G. Miller National Environmental Law Moot Court Competition, hosted by Pace University’s Elisabeth Haub School of Law and run by its students, draws hundreds of competitors and judges to this premier environmental moot court each year.
Housed jointly at Pace and the Getulio Vargas Foundation School of Law in Rio de Janeiro, the Brazil American Institute for Law and Environment (BAILE) advances environmental protection and sustainable development in the US and Brazil.
Projects and News
• In February, over 350 students, advisors, attorneys and judges participated in the 2016 Competition, which addressed Clean Air Act regulation of greenhouse gases.
• BAILE hosted a successful summer executive education program for the “Escola Judicial do Tribunal Regional do Trabalho da 9ª Região” (Summer Course in Law and Economics of Labor Law) — a five-day intensive seminar held at Pace’s NYC campus for Brazilian judges.
• Of 50 participating teams, the University of Mississippi took first place, edging out finalists from The University of Alabama School of Law and University of Houston Law Center in an intense final round. • Andrew Revkin (New York Times) and Professor Daniel Esty (Yale) led a discussion with professors and coaches about the repercussions of COP21 in Paris.
• Professors David Cassuto and Rômulo Sampaio brought students in Pace’s Brazil Comparative Environmental Law course to Rio de Janeiro and Ilha Grande to explore water allocation and other environmental challenges over Spring Break. @PaceBAILE
students participated in NELMCC since its inception
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educational and nonprofit partners working with our faculty and students
The United Nations Environmental Diplomacy Practicum—a program unique to Haub—places students in internships with Permanent Missions to the United Nations for small island developing states. 2016 Highlights • The Practicum placed student interns at the UN Missions of Costa Rica, Sri Lanka, Papua New Guinea, Dominican Republic, and the Marshall Islands as well as with the Permanent Observer Mission of IUCN, among others. • It hosted guest lecturers Ambassador Ahmed Sareer, Permanent Representative of Maldives to the UN and Chair of AOSIS (Association of Small Island States) and Ms. Inger Andersen, IUCN DirectorGeneral. • Ambassador Narinder Kakar, immediate past Permanent Observer to the UN for the International Union for Conservation of Nature, and Professor Victor Tafur (SJD ’06) co-taught the Practicum seminar.
The Washington, DC and New York Environmental Externship Programs give students the chance to gain crucial skills and knowledge while studying with experienced, dedicated practicing professors. Recent Placements • Washington: Animal Welfare Institute; Federal Energy Regulatory Commission; National Association of Local Government Environmental Professionals; Sierra Club; US Department of Justice (Environment and Natural Resources Division); US EPA (various offices); and the White House Council on Environmental Quality • New York: Earthjustice; Environmental Defense Fund; US EPA (Region 2); NYC Landmarks Preservation Commission; New York Environmental Law & Justice Project; New York State Department of Environmental Conservation; Super Law Group; and Waterkeeper Alliance
years ranked in the top environmental law programs by U.S. News & World Report
environmental faculty publications since 2013
LEADERSHIP REPORT 2016–2017 9
Environmental Law Faculty BARBARA L. ATWELL
JASON J. CZARNEZKI
Associate Professor of Law BA, Smith; JD, Columbia. Clerked for Judge Nathaniel Jones on the US Court of Appeals for the Sixth Circuit. Practiced at Arnold & Porter. Teaches Bioethics and Medical Malpractice, Intro to Health Law, and Public Health Law.
Kerlin Distinguished Professor of Environmental Law; Associate Dean and Executive Director, Environmental Law Programs BA, University of Chicago; JD, University of Chicago. Specializes in natural resources, environmental regulation, and food law. Previously director of US-China Partnership for Environmental Law, Fulbright Scholar in China, and Visiting Fellow in Sweden.
JESSICA A. BACHER Executive Director, Land Use Law Center; Adjunct Professor of Law BS, University of Florida; JD, Pace. Provides assistance to municipalities on land use, distressed property remediation, transit-oriented development, and sea level rise. Teaches Land Use Law, Advanced Land Use Law, and Sustainable Development Law.
DAVID N. CASSUTO Professor of Law; Director, BrazilAmerican Institute for Law & Environment BA, Wesleyan; MA, Indiana University; PhD, Indiana University; JD, Berkeley. Former professor of English literature. Specializes in animal, water, and comparative law. Visiting professor of environmental law at the Federal University of Bahia in Brazil and Williams College.
KARL S. COPLAN Professor of Law; Co-Director, Pace Environmental Litigation Clinic BA, Middlebury; JD, Columbia. Expert on constitutional and environmental law. Clerked for Chief Justice of the Supreme Court Warren E. Burger. Has litigated many successful public interest environmental lawsuits with the Environmental Litigation Clinic.
ALIX COTUMACCIO Associate Director, Environmental Law Programs BA, UMass Amherst; MA, International Policy, Monterey Institute; MSEd, Lehman College; JD, Pace. Comes to Pace with over 15 years experience in environmental policy, natural resource management, and education. Previously worked with the American Museum of Natural History, NOAA, and the Peace Corps (Ecuador).
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JEFFREY G. MILLER
Professor Emeritus of Law BA, Princeton; LLB, Harvard. Joined the faculty in 1987 after heading the US EPA’s national enforcement program and beginning the agency’s hazardous waste enforcement program.
Professor Emerita of Law BA, Indiana University; JD, Georgetown. Specializes in ocean and coastal law and international environmental law. Previously VP and General Counsel at Chesapeake Bay Foundation and senior trial attorney in the US Department of Justice’s Environmental Enforcement Section.
JENNIE NOLON BLANCHARD Senior Staff Attorney, Land Use Law Center; Adjunct Professor of Law BS, Cornell; JD/MEM, Pace/Yale. Focuses on the growth of urban centers, working closely with cities to address obstacles to redevelopment and sustainability. Manages the Center’s student research program.
JOHN R. NOLON
Professor of Environmental Studies and Science BA, Radcliffe; PhD, Cornell. Joined Pace from UC Santa Cruz to chair the Department of Environmental Studies and Science. Specializes in food systems and agriculture.
Distinguished Professor of Law; Founder, Land Use Law Center BA, University of Nebraska; JD, University of Michigan. Expert on land use, property, and sustainable development law. Co-author of “Land Use and Sustainable Development Law: Cases and Materials,” among other texts.
SHELBY D. GREEN
E. MELANIE DUPUIS
Associate Professor of Law BS, Towson; JD, Georgetown. Specializes in real estate and property law. Teaches Historic Preservation Law. Sits on the board of the Jay Heritage Center—an important historic site in New York.
ALEXANDER K. A. GREENAWALT Professor of Law BA, Princeton; MA, Yale; JD, Columbia. Previously at Debevoise & Plimpton LLP, where he focused on international disputes. Teaches international and administrative law. Researches international humanitarian law.
ROBERT F. KENNEDY, JR. Professor of Law; Co-Director, Pace Environmental Litigation Clinic AB, Harvard; JD, University of Virginia; LLM, Pace. President of Waterkeeper Alliance. Serves as Chief Prosecuting Attorney for the Hudson Riverkeeper Fund and Senior Attorney for NRDC’s Estuary Enforcement Project.
MICHELLE LAND Director, Pace Academy for Applied Environmental Studies BS, University of Guelph; JD, Pace. Specializes in environmental law and policy, wildlife biology, interdisciplinary education, and campus sustainability. Leads the Environmental Consortium of Colleges & Universities.
Supervising Attorney, Environmental Litigation Clinic; Adjunct Professor of Law BA, Tulane; JD, Villanova. Joined Pace in 2016 after serving as Assistant Attorney General for New York State and a litigator at a prominent plaintiff-side toxic torts firm, among other positions.
RICHARD L. OTTINGER Dean Emeritus; Co-Director, Global Center for Environmental Legal Studies; Founder, Faculty Supervisor, Pace Energy and Climate Center BA, Cornell; LLB, Harvard. Previously a US Congressman (chaired Energy Conservation & Power Subcommittee) and a founding member of the Peace Corps. Chairs the Energy and Climate Group, IUCN Commission on Environmental Law.
KARL R. RÁBAGO Professor of Law; Executive Director, Pace Energy and Climate Center BS, Texas A&M; JD, University of Texas; LLM, US Army Judge Advocate General’s School; LLM, Pace. Has decades of experience in energy and climate policy markets. Held leading roles at the Texas Public Utility Commission; US Department of Energy; Austin Energy; AES Corp.; and the Rocky Mountain Institute.
NICHOLAS A. ROBINSON University Professor for the Environment; Co-Director, Global Center for Environmental Legal Studies BA, Brown; JD, Columbia. Has developed the field of environmental law since 1969. Served as legal advisor, White House Council on Environmental Quality; general counsel, NYS Department of Environmental Conservation; and legal advisor and chairman, Commission on Environmental Law, IUCN.
ALYSSA ROSEN Environmental Law Librarian; Adjunct Professor of Law BA, Vassar; JD, NYU; MLS, Rutgers; MFA, Goddard College. Specializes in environmental legal research. Practiced law for seven years before becoming an English teacher and law librarian.
DARREN ROSENBLUM Professor of Law BA, UPenn; JD, UPenn; MIA, Columbia. Directs the international law programs at Pace. Teaches and researches in the areas of corporate, international, and comparative law.
MARGOT J. POLLANS
Assistant Professor of Law; Faculty Director, Pace-NRDC Food Law Initiative BA, Columbia; JD, NYU; LLM, Georgetown. Clerked for Judge David Tatel of the US Court of Appeals for the DC Circuit. Previously Teaching Fellow at UCLA’s Resnick Program for Food Law and Policy. Focuses on environmental, food, and administrative law.
Deputy Director, Land Use Law Center; Adjunct Professor of Law BS, Tulane; JD, Pace. Primary trainer of local officials, environmentalists, and planners for the Center. Coordinates the national Land Use Leadership Alliance Training Program. Teaches environmental dispute resolution.
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16th Annual Gilbert & Sarah Kerlin Lecture on Environmental Law: “Environmental Enforcement: Giving the Law Teeth” by U.S. Senator Richard Blumenthal
“Four Fish” and “American Catch” Lectures by Environmental Author-inResidence and NYT Bestselling Author Paul Greenberg
28th Annual Jeffrey G. Miller National Environmental Law Moot Court Competition
Pace-NRDC Food Law Initiative Kickoff: Does the Food Movement Need Lawyers? Featuring Professor Margot Pollans and NRDC Staff Attorney Margaret Brown
Pace Environmental Law Distinguished Junior Scholar Presentation: “Arctic Drilling and Wrongful Benefit” by Professor Sarah Light
21st Annual Lloyd K. Garrison Lecture on Environmental Law: “Tragic Legal Choices in Keeping Below Two Degrees” by Professor Michael Gerrard
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14th Annual Land Use & Sustainable Development Law Conference: Reflecting on the Past, Planning for the Future: 100 Years of Zoning featuring Governor Parris N. Glendening LEADERSHIP REPORT 2016–2017 13
Food Law Media Highlights
It’s Time for the FDA to Define ‘Natural’ Paul Greenberg & Jason Czarnezki, Time Magazine (May 4, 2016)
The Labeling Shortcut: The FDA Should Spend Less Time Worrying About Labels and More Time Better Regulating the Entire Industry Margot Pollans, Slate Magazine (May 5, 2016)
Is Your Food ‘Natural’? F.D.A. to Weigh In, (featuring Jason Czarnezki and Margot Pollans) Anahad O’Connor, New York Times (May 17, 2016)
Environmental Law Curriculum Administrative Law
Environmental Litigation Clinic
Advanced Land Use and Sustainable Development Law: Practice
Environmental Skills and Practice: Clean Water Act
Advanced Land Use and Sustainable Development Law: Theory
Advanced Research Skills for Environmental Law Agriculture Law and the Environment Animal Law Clean Air Act Seminar Climate Adaptation and the Law Climate Change and Corporate Practice Climate Change and Insurance Law Climate Change Law
Future Environmental Law Professors Workshop
Comparative Environmental Law Comparative Environmental Law – Brazil field course
Externship - Environmental Law Food Systems Law Guided Research Hazardous Waste Historic Preservation Seminar Human Rights and Environment International Environmental Law Land Use Law Legal Management of Urban Environments Legislative and Regulatory Process Mass Torts
Natural Resources Law
Current Challenges in Environmental Law Seminar
Disaster Law and Emergency Preparedness Eco-Markets and Trading Held every fall, the Future Environmental Law Professors Workshop brings visiting assistant professors, fellows, researchers, law clerks, practitioners and others together to learn about the environmental law teaching market. The Workshop covers a wide array of subtopics within the field (from animal law to energy law), as well as the history and development of the field of environmental law. It is designed to give advice, inside perspectives, and feedback on the environmental law hiring process, as well as provide opportunities for mock interviews and job talk presentations. Participants have gone on to secure tenure track teaching positions around the country.
Externship - DC Environmental Law
Energy Law Environmental and Toxic Torts Environmental Commercial Transactions Environmental Dispute Resolution Seminar Environmental Justice Environmental Law Compliance and Enforcement
Nonprofit Organizations Ocean and Coastal Law Seminar Pace Environmental Law Review Editorship Public Health Law Science for Environmental Lawyers State and Regional Climate Initiatives Sustainable Development Law Survey United Nations Environmental Diplomacy Practicum Water Rights Law
Heading into its third year, the Workshop has been fortunate to host two excellent keynote speakers in the recent past. Our inaugural keynote speaker, Professor Richard Lazarus (Harvard), discussed “Environmental Law Scholarship: Challenges and Opportunities,” giving the audience a glimpse into the thought and writing process of a leading environmental law scholar. Our second keynote speaker, Professor Douglas Kysar (Yale), discussed “Making a Contribution in Environmental Law,” highlighting examples of not only great scholars in the field but also those who truly make a difference for the environment and society. We look forward to another insightful Workshop this coming year.
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LEADERSHIP REPORT 2016–2017 15
Pace is committed to a sustainable campus. See our sustainability policy at www.law.pace.edu/sustainability
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Published on Aug 24, 2016
Elisabeth Haub School of Law at Pace University Environmental Law Program 2015-16