Environmental Law Center
Archived Faculty Scholarship and Impact
Sean Nolon presented "Managing Land-Use Disputes" at the American Planning Association, Atlanta, GA on April 28, 2014.
Sean Nolon's article, "Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government" was recently accepted by the Florida Law Review. The article also made the top ten download list for:
eJournals for Real Estate
State and Local Government
Betsy Baker served on the panel "Comparison of Current Regulatory and Liability Regimes in Arctic Coastal States" in the research workshop Arctic Oil/Gas Drilling: Lessons from the Past and Implications for the Future, in recognition of the 4th anniversary of the Deepwater Horizon Oil Spill, at Duke University Nicholas School of the Environment, on April 25, 2014.
Hillary Hoffmann presented "The Real Public Lands Standoff in Nevada: Unsustainable Livestock Grazing and Climate Change" at the New England Political Science Association Annual Meeting in Woodstock, VT , on April 25, 2014.
Richard Brooks and Melissa Scanlan co-authored the book review of "Environmental Protection in Multi-Layered Systems: Comparative Lessons from the Water Sector," edited by Mariachiara Alberton and Francesco Palermo, in Publius: The Journal of Federalism, April 2014.
Christopher Ahlers', LLM '13 article, "Presidential Authority Over EPA Rulemaking Under the Clean Air Act," was published in Environmental Law Review, Volume 44, Issue 1 (Lewis & Clark Law School), on April 12, 2014.
Laurie Beyranevand gave a presentation entitled "Food Labeling for Health Care Professionals" at the Vermont Academy of Nutrition and Dietetics' Annual Meeting, on April 11, 2014.
Jack Tuholske served as a speaker on "Implementing Constitutional Environmental Rights in North America," at Global Environmental Constitutionalism, Widener University School of Law, Delaware Campus, on April 11, 2014.
Melissa Scanlan taught a course on the Wisconsin Public Trust Doctrine for the University of Wisconsin-Extension Local Land Use Planning and Zoning series, on April 9, 2014.
Jackie Gardina presented on "Environmental Obligation and Enforcement" at the National Association of Environmental Professionals 39th Annual Conference, Changing Tides and Shifting Sands, on April 8, 2014.
Laurie Ristino's article, co-authored with Katie Hannon Michel '15, "Carbon Trading in the United States" was listed on SSRN's Top 10 download list on April 8, 2014 for:
ERN: Microeconometric Models of Carbon Markets (Topic)
Econometric Modeling: Microeconometric Models of the Environment eJournal
SRPN: Air Pollution (Topic)
SRPN: Carbon Trading (Politics) (Topic)
SRPN: Leadership and Sustainability (Topic)
James Gustav Speth presented "40 Years of the Environmental Movement in 20 Minutes" at the Coker College Earth Day Festival, on April 5, 2014.
Betsy Baker presented "Shaping Arctic Policy from DC to Alaska: The U.S. Continental Shelf and Offshore Oil and Gas Regulation in America's High North," as part of the Spring 2014 Faculty Speaker Series at Vermont Law School, April 3, 2014.
Laurie Beyranevand '03 was appointed to serve on the Food and Drug Law Institute's Academic Programs Committee for a three year term beginning in April 2014. The Academic Programs Committee advises FDLI staff in formulating and implementing policies and strategies consistent with FDLI's mission, relating to programs and publications of interest to the academic legal community. The Committee discusses various programs, publications, pricing, dissemination vehicles, etc. that best facilitate expanding FDLI's educational mission.
Several VLS served as panelists at the 2014 Solutions Conference: Eco-Equity at Vermont Law School, on March 28, 2014:
Hillary Hoffman presented the opening address.
Patrick Parenteau was a panelist on "Civil Rights."
Melissa Scanlan was a panelist on "Developing Natural Resources."
Betsy Baker was a panelist on "Environmental Justice on an International Scale."
Peter Bradford served as a panelist on "Nuclear Energy's Past," at the Three Mile Island 35th Anniversary Symposium, The Past, Present, and Future of Nuclear Energy, Dartmouth College, on March 28, 2014.
Betsy Baker co-authored (with James Kraska) the policy brief, "Emerging Arctic Security Challenges," published by The Center for a New American Security, on March 26, 2014.
Melissa Scanlan presented "Key Challenges to Lawyering for the Sustainable City" at Lawyering for the Sustainable City, Northeastern University School of Law, on March 21, 2014.
Laurie Ristino's book chapter, "Carbon Trading in the United States," (co-authored with Katherine Hannon Michel), will appear in The Research Handbook on Climate Change Mitigation Law (Edward Elgar Publishing, forthcoming).
Hillary Hoffmann served as a panelist on "Climate Change Planning," at the 2014 J.B. and Maurice C. Shapiro Environmental Law Symposium, The Role of Planning in Federal Land Management, George Washington University Law School, Washington, DC, on March 13, 2014.
Betsy Baker's article, "Marine Biodiversity, Ecosystem Services and Better Use of Science Information" was published by Berkeley's Law of the Sea Institute (LOSI) in the print volume "Securing the Ocean for the Next Generation" Papers from the Law of the Sea Institute, UC Berkeley-Korea Institute of Ocean Science and Technology Conference, held in Seoul, Korea, May 2012, LOSI Press 2014.
Patrick Parenteau gave a keynote address on, "The 29th Day: How Millennials will Save Civilization from Runaway Climate Change" at the 32nd Annual Public Interest Environmental Law Conference (PIELC), Running Into Running Out, University of Oregon School of Law, February 28, 2014.
Laurie Ristino's op-ed piece, "Changing Coalitions and the 2014 Farm Bill," appeared in Jurist on February 27, 2014.
John Echeverria presented at the NH Municipal Lawyers Association, Update on Takings and Exactions, on February 26, 2014. His PowerPoint presentation is available to view.
Laurie Beyranevand '03 delivered a lecture regarding the implications of U.S. laws and policies addressing food to the Health Law Society and Masters of Public Health students at Drexel University, February 24, 2014.
Melissa Scanlan's article, "Shifting Sands: A Meta-theory for Public Access and Private Property Along the Coast," is published as the Lead Article, 65 South Carolina Law Review 295, Winter 2013. The article examines divergent approaches to public access to beaches across the United States, demonstrates how legal theory influences substantive public and private rights, and discusses takings considerations on beaches.
Patrick Parenteau authored "The Carbon Bubble," The Fletcher Forum of World Affairs, February 24, 2014.
Betsy Baker presented "Who 'Owns' the North Pole and Who Decides? Science, Politics, and Continental Shelf 'Claims'" at Dartmouth College, on February 20, 2014.
Mark Cooper, Senior Fellow at the Institute for Energy and the Environment, contributed the guest article, "Why the Economics Don't Favor Nuclear Power in America," Forbes.com, February 20, 2014.
Patrick Parenteau's article, "Go Back, It's a Trap! On the Perils of Geologic Sequestration of CO2," was listed on SSRN's Top 10 download list on February 19, 2014 for:
SRPN: Coal (Topic)
Betsy Baker presented at the Seattle University School of Law "Arctic Encounter" workshop about sovereignty and continental shelf issues in the Arctic, on February 8, 2014.
Melissa Scanlan and Marc Mihaly both presented at "The Berkeley Exchange: Celebrating Berkeley's Contribution to Environmental Law Scholarship." Dean Mihaly gave the luncheon remarks, and Dean Scanlan was a panelist on "Environmental Law in an Interdisciplinary Context." The symposium took place in Berkeley, CA on February 7, 2014.
Sean Nolon presented "Land Use Negotiation Post-Koontz: How the Supreme Court Invaded Local Government" at the Yale-Quinnipiac Dispute Resolution Workshop, January 31, 2014.
John Echeverria and Janet Milne submitted testimony to the Vermont House Judiciary Committee developed in collaboration with Professor Nancy McLaughlin of SJ Quinney College of Law on pending easement amendment and termination legislation, on January 28, 2014.
View the written testimony (.pdf)
David Firestone co-authored (with F. Reed and VLS alum C. Stanton) Environmental Law for Non-Lawyers, 5th edition, 2014.
Janet Milne co-edited (with L. Kreiser, S. Lee, K. Ueta, and H. Ashiabor) Critical Issues in Environmental Taxation, Vol. XIV (Edward Elgar), forthcoming in 2014.
Betsy Baker and Roman Sidortsov co-authored "The Legal and Regulatory Regime for Offshore Hydrocarbon Resources in the U.S. Arctic," in the ABA Section of Environment, Energy, and Resources, January 2014.
Kinvin Wroth is joint editor (with Hoi Kong) of NAFTA and Sustainable Development: The History, Experience, and Prospects for Implementation, a collection of essays by American and Canadian scholars, accepted by Cambridge University Press for publication in spring 2014, subject to final peer review.
Patrick Parenteau's book chapter, titled "Cities on Stilts: The Myth of Large Scale Climate Adaptation," will appear in Rethinking Sustainable Development to Meet the Climate Change Challenge (Environmental Law Institute), forthcoming in 2014.
Patrick Parenteau's book chapter, titled "Climate Change and the Marine Environment," will appear in Ocean and Coastal Law and Policy, 2nd ed. (ABA), forthcoming in 2014.
Kevin Jones co-authored (with David Zappo '13) A Smarter, Greener Grid: Forging Environmental Progress through Smart Energy Policies and Technologies (Praeger), forthcoming Spring 2014.
Laurie Beyranevand '03 hosted "GMOs and Intellectual Property," as part of a Yale/VLS webinar series "Third Annual Policy Workshop Webinar Series: Frontiers in Food and Agriculture," on January 28, 2014.
Tracy Bach's article, "Better Living Through Chemicals (Regulation)?," which was presented at the VLS Colloquium on Environmental Scholarship in October, will be published in the Vermont Journal of Environmental Law, forthcoming Spring 2014.
Tracy Bach's essay," Protecting Human Health and Stewarding the Environment," based on her presentation at the University of Michigan Law School's Environmental Protection and Human Health Symposium in September 2013, will be published in the Michigan Journal of Environmental and Administrative Law, forthcoming Spring 2014.
Benjamin Sovacool co-authored (with VLS graduates and IEE Fellows R. Sidortsov and B. Jones) Energy Security, Equality, and Justice (Routledge), forthcoming 2014.
Benjamin Sovacool co-authored (with S.V. Valentine and M.A. Brown) Fact and Fiction in Global Energy Policy: Fifteen Contentious Questions (Baltimore: John Hopkins University Press), forthcoming 2015.
Benjamin Sovacool co-edited (with Antoine Halff and J. Rozhon) Energy Poverty: Global Challenges and Local Solutions (Oxford: Oxford University), forthcoming 2014.
Benjamin Sovacool and Michael Dworkin co-authored Global Energy Justice: Principles, Problems, and Practices (Cambridge: Cambridge University Press), forthcoming October 2014.
Benjamin Sovacool edited Energy Security (London: Sage, Six Volumes), forthcoming 2014.
Benjamin Sovacool edited Energy, Poverty, and Development (London: Routledge Critical Concepts in Development Studies Series, Four Volumes), forthcoming 2014.
Janet Milne's article, "Environmental Taxes and Fees: Wrestling with Theory" has been accepted for publication in Environmental Taxation and Green Fiscal Reform: Theory and Impact, Vol. XIV of Critical Issues in Environmental Taxation, forthcoming September 2014. The article reflects theories and analysis she presented as a keynote speaker at the 14th Global Conference on Environmental Taxation in Kyoto, Japan, in October 2013.
Sean Nolon's article, "Using Distance Learning to Teach Environmental Problem Solving Skills and Theory," will be published in Oregon Law School's Journal of Environmental Law and Litigation, forthcoming spring 2014.
Melissa Scanlan's invited symposium publication, "Adaptive Management and Water Quality Trading: Experimenting with Unlikely Partners," Kansas L. Rev., is forthcoming Summer 2014.
Melissa Scanlan's invited symposium publication, co-authored with Kehl, "Virtual Water and Food Exports in the Great Lakes Region," 63 DePaul L. Rev 3, is forthcoming Spring 2014.
Laurie Ristino's article, "Back to the New: Millennials and the Sustainable Food Movement," was listed on SSRN's Top Ten download lists on January 13, 2014 for:
Food Law & Policy eJournal Top Ten
PSN: Social Movements (Topic) Top Ten
PSN: Sustainable Development (Topic) Top Ten
SRPN: Consumer Behavior Issues (Topic) Top Ten
SRPN: Food Production (Topic) Top Ten
SRPN: Politics of Food (Topic) Top Ten
Sustainability Law & Policy eJournal Top Ten.
Betsy Baker presented "What is it about the North Pole? States, Science, and the Continental Shelf," as panelist for a joint session of two sections: Admiralty and Maritime Law (AML), and North American Cooperation (NAC) at AALS on January 5, 2014.
Sean Nolon's article, "Second Best Practices?: Addressing Mediation's Definitional Problems in Environmental Siting Disputes" was ranked #41 out of the 50 most downloaded articles on SSRN in 2013, searchable by the term "land use."
John Echeverria's article, "Koontz: The Very Worst Takings Decision Ever?" was ranked #2 out of the 50 most downloaded articles on SSRN in 2013, searchable by the term "land use."
Hillary Hoffmann served as a guest editor of the article "The National Environmental Policy Act (NEPA) and the Silencing of Native American Worldviews," for the peer-reviewed journal Environmental Practice, January 2014.
The Fall 2013 edition of the ABA Natural Resources & Environment publication features articles from several VLS faculty and alumni:
Laura Murphy - "Do Tell: The Case for Mandatory Labeling of GE Foods"
Laurie Beyranevand - "Balancing Food Safety and Burdens on Small Farms"
Pamela Vesilind - "Animal Husbandry Redux: Redefining 'Accepted Agricultural Practices' for Locally Sourced Foods"
William Eubanks II '08, "The 2013 Farm Bill: An Opportunity for Change"
Joshua Galperin '07 (co-authored with Sara Kuebbing) - "Eating Invaders: Managing Biological Invasions with Fork and Knife?"
Hillary Hoffmann's article (co-authored with Heather Whitney-Williams), "Fracking Near Indian Country: The Federal Trust Relationship, Tribal Sovereignty, and the Right to Clean Water", was listed on SSRN's Top Ten download lists on December 16, 2013 for:
Environmental Justice & Sustainability eJournal
Environmental Law & Policy eJournal
Indigenous Nations & Peoples Law eJournal
PSN: Energy (Comparative) (Topic)
PSN: Intergovernmental Relations & Federalism (Topic)
SRPN: Oil (Topic)
SRPN: Water Pollution (Pollution) (Topic)
SRPN: Water Pollution (Water) (Topic)
This article was also listed was listed on SSRN's Top Ten download lists on January 6, 2014 for:
Human Rights & the Corporation eJournal Top Ten
Comparative Political Economy: Regulation eJournal Top Ten
Environmental & Natural Resources Law eJournals Top Ten
Politics & Energy eJournal Top Ten
SRPN: Human Rights Issues (Topic) Top Ten
Laurie Ristino and Allison Gabala co-authored the article, "Growing Climate Change: The Farm Bill as Comprehensive Climate Change Policy," which appeared in EPOnline on December 16, 2013.
Betsy Baker spoke on the process of mapping the continental shelf and her work at the U.S. Department of State at the Institute for Social and Economic Research, University of Alaska, in Anchorage on December 14, 2013.
Betsy Baker spoke on the process of mapping the continental shelf and her work at the U.S. Department of State to the U.S. Alaska Command (ALCOM) and members of the Canadian Northern Command (Yellowknife/Yukon) at Joint Base Elmendorf-Richardson (U.S. Air Force-Army-Navy-Marine Corps) in Anchorage, Alaska on December 11, 2013.
Melissa Scanlan served as a speaker at the Middlebury College Colloquium, "Social Entrepeneurs: Be the Change You Want to See," on December 5, 2013.
Benjamin Sovacool co-authored (with VLS graduate and IEE Research Fellow Roman Sidortsov) the book titled, Energy Security, Equality, and Justice (London: Routledge), December 2013.
Kevin Jones participated in the Transatlantic Strategic Dialogue: Electricity Transitions in Europe and the United States, organized by the Worldwatch Institute and the German government's Transatlantic Climate Bridge, December 2013.
John Echeverria served on the panel, "The Supreme Court's "Interrupted Takings" Jurisprudence: Koontz and Horne" at the 16th Annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations, at the New York University School of Law, New York, NY on November 22, 2013.
Laurie Beyranevand's article, "Generally Recognized as Safe?: Analyzing Flaws in the FDA's Approach to GRAS Additives," was listed on SSRN's Top Ten download lists on November 22, 2013 for:
Food Politics & Sociology eJournal
IRPN: Innovation & Food & Drug Law & Policy (Sub-Topic)
PSN: Product Safety (Topic)
SRPN: Politics of Food (Topic).
Hillary Hoffmann's article, "Climate Change and the Decline of the Federal Range: Is Adaptive Management the Solution?", was listed on SSRN's Top Ten download lists on November 13, 2013 for:
Protected Lands Law & Policy eJournal
SRPN: Farming and Agriculture (Topic)
SRPN: Restoration & Conservation (Topic)
Laurie Ristino co-presented, "A Legal Framework for the New Food Movement," as part of the Third Annual Policy Workshop Webinar Series, co-sponsored by the Yale Center for Environmental Law and Policy, the Yale Sustainable Food Project, and the Center for Agriculture and Food Systems at Vermont Law School, on November 13, 2013.
Benjamin Sovacool co-authored (with Daniel Nugent '15) "Assessing the Lifecycle Greenhouse Gas Emissions from Solar PV and Wind," in the top peer-reviewed journal, Energy Policy, November 12, 2013.
Tracy Bach led two groups of students to the COP19/CMP9 United Nations Climate Change Conference in Warsaw, Poland from November 11 - 22, 2013. Professor Bach and her students blogged and tweeted about their experiences; her delegation picked up coverage in the Huffington Post with "COP19 Warsaw Update: How Secretary Figueres' Main Objectives Faired in the First Week" and "COP19 Warsaw Wrap-Up: Where Does a Global Climate Deal Stand?"
Hillary Hoffmann's article, "Beneficial Use or Toxic Nightmare? The EPA's Livestock Loophole is Poisoning the Wind River Reservation," will appear in the Wyoming Law Review's special water edition, summer 2014.
Jack Tuholske and Mark Foster '11 co-authored the article, "Solving Transboundary Pollution Disputes Locally: Success in the Crown of the Continent," which has been accepted by the Oregon Law Review for upcoming publication in vol. 92, issue 3, February 2014.
Laurie Beyranevand will host "GMOs and Intellectual Property," on January 28, 2014, as part of the webinar series "Third Annual Policy Workshop Webinar Series: Frontiers in Food and Agriculture." This free, online series is co-sponsored by the Yale Center for Environmental Law & Policy, the Yale Sustainable Food Project, and the Center for Agriculture and Food Systems at Vermont Law School.
Laura Murphy has two forthcoming articles, "More than Curiosity: The Constitutionality of State Labeling Requirements for Genetically Engineered Foods," in the Vermont Law Review (with Jillian Bernstein '13 and Adam Fryska '13), and a Point-Counterpoint in support of mandatory labeling for genetically engineered foods in Natural Resources & Environment.
Laurie Beyranevand's article, "The New Food Safety Standards: Balancing Food Safety and Burdens on Small Farms, Natural Resources and Environment," is forthcoming in the ABA Section of Environment, Energy and Resources, Winter 2013.
Betsy Baker's chapter, "International Law and the Arctic: How Territoriality, Human Rights and the Environment Can Shape Shared Sovereignty, will appear in the book by Robert W. Murray and Anita Dey Nuttal, eds., International Security and the Arctic: Examining the Theories and Policies of Circumpolar Politics, published by Cambria Press, winter 2013.
Stemming from the McGill-VLS joint workshop on NAFTA and sustainable development, Laurie Beyranevand's book chapter, "Agricultural Biotechnology and NAFTA: Analyzing the Impacts of U.S. and Canadian Policies on Mexico's Environment and Agriculture," is forthcoming in Nafta and Sustainable Development, Cambridge University Press, Winter 2013.
Laurie Ristino's article, "Back to the New: Millenials and the Sustainable Food Movement," will be published by the Vermont Journal of Environmental Law, fall/winter 2013.
James Gustave Speth has been selected to receive The Great Work Award at the Environmental Consortium of Colleges and Universities at Pace University. He will receive this award and then give the keynote speech at the 10th annual Environmental Consortium, on November 9, 2013. The keynote address recording is available.
James Gustave Speth co-presented with Juliet Schor "Reimagining America" on November 8, 2013. This presentation will explore innovations in collaborative consumption and opportunities to define a new American Dream. The event is hosted by Etsy in support of the Center for a New American Dream.
John Echeverria presented "Environmental Federalism in the United States: Lessons for Myanmar?" at Yangon, Myanmar on November 7, 2013. The talk was co-sponsored by the Myanmar Legal Aid Network and the Vermont Law School's Myanmar Environmental Governance Program.
James Gustave Speth presented "America the Possible: For a Bright Future Change the System" as part of the Bracken Library Environmental Lectures at Ball State University, November 7, 2013.
Laurie Beyranevand presented on the panel titled, "Regulation of Food Advertising in 2013-2014" at the Food and Drug Law Institute's Food Advertising: Claims, Litigation, and Strategies Conference, on November 6, 2013.
Laurie Ristino's co-authored article, "The Future of Food Law & Policy: The Responsibility of Lawyers in the Academy and Beyond," was listed on SSRN's Top Ten download lists on November 5, 2013 for:
SRPN: Farming & Agriculture (Topic)
SRPN: Politics of Food (Topic)
Benjamin Sovacool's article, "The Complexity of Climate Justice," was published in Nature Climate Change, vol. 3, November 2013.
Melissa Scanlan served as a speaker at the Kansas Law Review Symposium, "Waters of the United States: Adapting Law for Degredation and Drought," presenting "Adaptive Management and Water Quality Trading: Experimenting with Unlikely Partners," on November 1, 2013.
Laurie Beyranevand presented "The New Food Movement" on the panel titled, "Local Food Systems - Legal Challenges in Local Food Systems" at the AALA Agricultural Law Symposium, Madison, WI on November 1, 2013.
Hillary Hoffmann presented a lecture entitled "Cultural Resource Protection and Federal Livestock Grazing Policy" in Mercer University Law School's Virtual Guest Lecture Series in November 2013.
Sean Nolon presented "Private Environmental Governance: Accountability in Certification Regimes" at Cardozo Law School, Association of American Law Schools, Work-In-Progress Workshop, November 2013.
Jack Tuholske argued an important Forest Service winter travel management case at the Ninth Circuit Court of Appeals, November 2013.
Janet Milne was a keynote speaker at a conference on State Aid, Taxation and Sustainable Growth: Beyond 2020, in Aarhus, Denmark, on October 31, 2013. Organized by the Department of Law at Aarhus University in cooperation with the Institute for Austrian and International Tax Law and the Faculty of Law at CEU San Pablo University, the conference focused on the intersection of environmental taxation and Europe's constitutionally-based state aid rules. Professor Milne opened the day with a presentation on "Understanding Environmental Taxation: Conceptual Issues in a Global World." She also chaired one of the workshops. The trip also allowed her to meet with the environmental tax specialist at the European Environment Agency in Copenhagen.
Laurie Beyranevand presented on the panel titled, "Local Food Systems: Legal Challenges in Local Food" at the American Agricultural Law Association's Annual Conference in Madison, Wisconsin, on October 31, 2013.
Several VLS faculty participated in the annual Vermont Journal of Environmental Law Symposium, "Rising Temps and Emerging Threats: The Intersection of Climate Change and National Security in the 21st Century," on October 25, 2013:
Marc Mihaly gave welcoming remarks.
Stephen Dycus gave welcoming remarks and served as a speaker, delivering a talk entitled "Military Responses to the Effects of Climate Change."
Melissa Scanlan gave welcoming remarks and served as a moderator.
Patrick Parenteau and Laurie Ristino served as moderators.
Betsy Baker was a Visiting Scholar at the International Arctic Research Center at the University of Alaska Fairbanks during the second half of October. She guest lectured in several courses and graduate seminars and gave a campus-wide public lecture on The Arctic Continental Shelf: Science and Law in the UN Convention on the Law of the Sea on October 24, 2013.
Laurie Beyranevand presented a talk titled, "Generally Recognized as Safe?: Analyzing Flaws in the FDA's Approach to GRAS Additives," as part of the Fall Speaker Series at Vermont Law School, co-sponsored by the Cornell Library and Environmental Law Center, on October 22, 2013.
Laurie Ristino co-presented on the keynote panel, "From Strategic Action to Systemic Change" at the Yale Food Systems Symposium, "Urbanization and Food System Transformation" on October 18, 2013.
Melissa Scanlan and Jack Tuholske participated on the Our Common Waters Panel at Vermont Law School on October 18, 2013. Experts David Bollier, Ann Brummitt, and Professor Scanlan discussed the use of the Public Trust Doctrine and Commons principles as an effective means to advocate for the protection of our water resources. Professor Tuholske provided an introduction and welcoming remarks.
Janet Milne gave the keynote address on "Environmental Taxation: Wrestling with Theory" at the 14th Global Conference on Environmental Taxation in Kyoto, Japan on October 17-19, 2013. Environmental tax specialists from 26 countries participated in the conference. VLS's Environmental Tax Policy Institute was a co-sponsor of the event, and Prof. Milne is a member of the three-person steering committee for the conference series. The conference will generate a book of peer-reviewed papers.
Mark Cooper was cited in Homeland Security News Wire's article, "U.S. Nuclear Power Industry Facing Growing Challenges," on October 17, 2013.
James Gustave Speth presented "Measuring What Matters" as part of Vermont's New Economy Week, October 17, 2013.
Michael Dworkin and Peter Bradford provided lead commentary on the Heinrich Boll Foundation's annual World Nuclear Industry Status Report 2013, at Vermont Law School on October 15, 2013.
Betsy Baker organized and moderated the inaugural Arctic Circle Conference hosted by Iceland's President Grimmson, on what Scientists and the Academy can learn from each other in Arctic research, on October 13, 2013.
The following VLS faculty presented and/or moderated at the third annual Colloquium on Environmental Scholarship, on October 11, 2013:
Hillary Hoffmann served as conference organizer.
Tracy Bach presented a paper, "Better Living Through Chemical Regulation," on improving commercial chemical regulation in the U.S. in light of the recent bipartisan bill to amend the Toxic Substances Control Act (TSCA). This paper will be published in the Vermont Journal of Environmental Law in Spring, 2014.
Laurie Beyranevand served as a moderator and presented, "Agricultural Biotechnology and NAFTA: Analyzing the Impacts of U.S. and Canadian Policies on Mexico's Environment and Agriculture."
Stephen Dycus served as a moderator.
Kevin Jones presented, "Promoting Clean Energy through Smart Distributed Technologies: Lessons from Three Case Studies."
Siu Tip Lam served as a moderator.
Laura Murphy served as a moderator.
Sean Nolon served as a moderator and presented, "Land Use Negotiation Post Koontz."
Patrick Parenteau served as a moderator.
Rebecca Purdom served as a moderator.
Laurie Ristino served as a moderator.
Doug Ruley served as a moderator.
Melissa Scanlan presented, "Adaptive Management and Water Quality Trading: Experimenting with Unlikely Partners."
Jack Tuholske served as a moderator.
Kinvin Wroth served as a moderator.
Kinvin Wroth is joint editor (with Hoi Kong) of NAFTA and Sustainable Development: The History, Experience, and Prospects for Implementation, a collection of essays by American and Canadian scholars, accepted by Cambridge University Press for publication in spring 2014, subject to final peer review.
Laurie Beyranevand's article, "Forging Toward Coexistence," is forthcoming in the Nebraska Law Review, 2013.
Peter Bradford joined former Japanese prime minister Naoto Kan (who oversaw the response to the Fukushima disaster) for panel discussion at the State House in Massacusetts on nuclear energy, on October 9, 2013. Enterprise News reports on the panel in "Panelists Say Pilgrim Nuclear Plant Should Be Closed."
Betsy Baker was an invited speaker at the Arctic Energy Summit, on a panel with the Director General of Iceland's National Energy Authority, Russia's Senior Arctic Official and Ambassador to the Arctic Council, and the head of Det Norske Veritas Barents 2020 Project to harmonize Russian and Norwegian offshore standards. Her topic was oil and gas related outcomes of the 2013 Ministerial meeting of the Arctic Council, the highest-level governance body for the Arctic. The summit took place in Akureryi, Iceland on October 8, 2013.
Christopher Ahlers and his student Brett Dugan (3L) made a presentation on "Environmental Constraints" for the course Legal Essentials for Utility Executives, organized by Michael Dworkin and the Institute for Energy and the Environment. This presentation included an overview of the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and environmental auditing. The presentation took place in Montpelier, Vermont on October 8, 2013.
Benjamin Sovacool has coauthored an article on the global solar PV market. Sovacool, BK and A Gilbert. "Feed-in Tariffs and Other Support Mechanisms for Solar PV Promotion," In Reference Module in Earth Systems and Environmental Sciences (London: Elsevier, 2013), pp. 1-35.
Melissa Scanlan was an invited legal discussant at the Great Lakes Futures Project Law and Governance Analysis, Transborder Research University Network, SUNY Buffalo Law School, on October 3-4, 2013.
Patrick Parenteau presented "Can Law Save the Planet?" at the Rubenstein School of Environment and Nautral Resources 2013 Fall Seminar Series, University of Vermont, October 3, 2013.
Janet Milne is a co-editor (with L. Kreiser, D. Duff, and H. Ashiabor) of "Market Based Instruments: National Experiences in Environmental Sustainability," a book published by Edward Elgar in October, 2013. The book is Volume XIII in the series, "Critical Issues in Environmental Taxation."
Laurie Beyranevand participated on a panel for the Regent University Law Review Symposium, Emerging Issues in Food Law, Virginia Beach, VA, on September 28, 2013.
Laurie Beyranevand moderated the panel titled, "Information Disclosure Through Food and Product Labeling," at the Vermont Law Review's 13th Annual Symposium, The Disclosure Debates: The Regulatory Power of an Informed Public, South Royalton, VT, on September 27, 2013.
Benjamin Sovacool has been appointed Editor-in-Chief of Energy Research and Social Science, a new journal launched by Elsevier in September 2013, with a first issue to be printed and published in early 2014.
James Gustave Speth's book, America the Possible: Manifesto for a New Economy, has just been released in a paperback edition from Yale University Press, September 2013.
Tracy Bach presented on September 27, 2013 at the University of Michigan Law School's Environmental Protection and Human Health Symposium, on a Values panel that queries the extent to which environmental protection should be human centric, bio centric, or eco centric. Her contribution will be published by the Michigan Journal of Environmental and Administrative Law in the second issue of their third volume, in Spring 2014.
Patrick Parenteau co-presented at Vermont Law School's Constitution Day Panel, "The Role of 'Preemption' Doctrine in American Constitutional Law: Anatomy of the Vermont Yankee Case" at on September 17, 2013.
Laurie Ristino was interviewed on September 13, 2013 by Mark Johnson on WDEV. The conversation ranged from forest fires in the west to soil erosion on farm land. The interview took place on the Tunbridge World Fair fairgrounds.
John Echeverria's article, "Koontz: The Very Worst Takings Decision Ever?" was listed on September 5, 2013 on three of SSRN's Top Ten download lists:
LSN:Constitutional & Statutory Interpretation (Sub-Topic)
LSN: Judical Review and Property (Topic)
Land Use & Real Estate Law eJournal
John Echeverria's article, "Horne v. Department of Agriculture: An Invitation to Reexamine "Ripeness" Doctrine in Takings Litigation," appears in the Environmental Law Reporter New & Analysis, September 2013.
Laura Murphy served as panelist, "Maine's GMO Labeling Campaign: Where Do We Go from Here?" at the Common Ground Country Fair Public Policy Teach-In, at Maine in September 2013.
Kevin Jones co-authored (with Christopher Casey '13) the article, "Customer-Centric Leadership in Smart Grid Implementation: Empowering Customers to Make Intelligent Energy Choices," in the August/September 2013 issue of The Electricity Journal.
Betsy Baker's chapter, "The Developing Regional Regime for the Marine Arctic," will appear in the book by D. Rothwell, A.G.O. Elferink, E. Molenaar, eds., Law of the Sea and Polar Regions: Interactions Between Global and Regional Regimes, Martinus Nijhoff, September 2013.
Hillary Hoffmann's article, "Managing Multiple Incompatible Uses: Why the Forest Service's Livestock Grazing Policy Fails to Protect Native American Archaeological Sites" (April 9, 2013) will be published by Vermont Journal of Environmental Law in book two of their fall journal. The article is available at SSRN.
|Livestock on Forest Service lands
Photographed by Professor Hoffmann
Laurie Ristino is the lead editor (with Madeline June Kass) of Natural Resource & Environment (NRE) magazine's food issue due in fall 2013.
James Gustave Speth and Bill McKibben co-presented at the Town House Forum in Strafford, VT on August 15, 2013. Mr. McKibben gave a lecture, followed by a discussion with Professor Speth, to a crowd of more than 200 people. Both spoke on the need for all to personally and politically combat climate change, particularly the fossil fuel industry.
Professor Wroth made a presentation on recent amendments to the Vermont Rules of Civil and Appellate Procedure and Rules for Family Proceedings at a session of the Legislative Committee on Judicial Rules in Montpelier on August 15, 2013.
Melissa Scanlan and Stephanie Tai co-authored the article, "Marginalized Monitoring: Adaptively Managing Urban Stormwater," published in the UCLA Journal of Environmental Law & Policy, vol. 31, no. 1, 2013. As of August 5, 2013, this paper was listed on SSRN Top Ten download list for the following:
AARN: Political Ecology (Topic)
AARN: Politics & Water Use (Sub-Topic)
AARN: Public & Global Health & Emerging Diseases (Topic)
AARN: Urban Studies (Topic)
Environmental Anthropology eJournal
Environmental Justice & Sustainability eJournal
Environmental Law & Policy eJournal
Medical Anthropology eJournal
Natural Resources Law & Policy eJournal
SRPN: Sustainable Development (Topic)
SRPN: Urban Design & Planning (Topic)
SRPN: Waste Management (Topic)
Socially Responsible Investment eJournal
Urban & Transnational Anthropology eJournal
Urban Research eJournal and Waste eJournal
Richard O. Brooks and James B. Murphy co-authored the book, Aquinas and Modern Law, published by Ashgate Publishing Company, August 2013. This volume collects some of the best recent writings on St. Thomas's philosophy of law and includes a critical examination of Aquinas's theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights.
Janet Milne spoke on August 1, 2013 on "Carbon Taxes: A Path Forward?" as part of the Dartmouth Public Lecture Series, Summer 2013. This series, Leading Voices in Energy, Sustainability, and Security, offers weekly expert speakers from across the country. These one-hour lectures are open to the public and take place at 4:00pm in the Filene Auditorium in Moore Hall on the Dartmouth campus.
Craig Pease continues to publish his "Science and Law" columns at the Environmental Forum. His most recent column is "More Carbon, Less Science" in the July/August 2013 issue.
Patrick Parenteau's articles, "Wetlands Conservation and Climate Resilience" and "The Brave New World of Wetland Carbon Trading" appear in the National Wetlands Newsletter vol. 35 No. 4, July/August 2013.
Melissa Scanlan's op-ed, "It's Not Open Season on Wetlands," appeared in the Milwaukee-Wisconsin Journal Sentinel on July 22, 2013.
Michael Dworkin co-presented with Jay Apt at the invitation of the Energy Resources and the Environment Committee of the National Association of Regulatory Utility Commissioners on July 22, 2013, in Denver, Colorado. Their talk, "Improving the Integration of Renewable Energy," summarized joint research on technical and regulatory issues related to integrating renewable resources into the electric grid. This project included Vermont Law School in a Renew-Elec project, co-ordinated by Carnegie Mellon University, and supported by the National Science Foundation.
Download the presentation
Jennifer Taub was featured on July 21, 2013 in the Washington Post Wonkblog along with 15 other national experts on their reflections of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, specifically on what has gone better than expected and what has gone worse.
Senior officials from both the U.S. and Chinese governments met on July 10-11, 2013 to participate in a Strategic Track discussion on major bilateral, regional, and global issues, and recommitted to the Strategic & Economic Dialogue (S&ED) role in deepening strategic trust and expanding practical cooperation to build a new model of relations between the United States and China. The dialogue on the Strategic Track produced specific outcomes and areas for further cooperation, including training provided by Vermont Law School's U.S.-China Partnership for Environmental Law program.
See paragraph 64 in the online report:
Through a USAID-funded program, the U.S.-China Partnership for Environmental Law at Vermont Law School and the EPA collaborated with the National Judges College to train fifteen judges on environmental adjudication and to develop an environmental law curriculum that will be used to train judges from across China.
Sean Nolon's article, "Call and Response: Dealing with Resistance to Collaborative Decision Making in Land Use Disputes" appeared in Zoning and Planning Law Report (West) Vol. 36, No. 7, July 2013.
Benjamin Sovacool and Christopher Cooper '13 released The Governance of Energy Megaprojects: Politics, Hubris and Energy Security in July 2013, published by Edward Elgar Publishing Inc. Based on extensive original research, this book explores the technical, social, political, and economic dimensions of four Asian energy megaprojects: a regional natural gas pipeline network in Southeast Asia, a series of hydroelectric dams on the island of Borneo, an oil pipeline linking Europe with the Caspian Sea, and a very large solar energy array in the Gobi desert.
Tracy Bach taught at the Teach the Trainer (TTT1) workshop in Chongqing, China in July. This program focused on building the capacity of Chinese professors to teach environmental law, which has become a required course in the Chinese law curriculum. The workshop was designed and conducted with the International Union for the Conservation of Nature (IUCN) and supported by the VLS U.S.-China Partnership for Environmental Law. As a result, Professor Bach was invited to contribute to the IUCN's "Essential Readings in Environmental Law," an on-line publication located at the IUCN Secretariat's website that identifies the 12 essential readings in a specific field and comments briefly on why each makes the list. She will write about environmental public health law.
Melissa Scanlan's previous two publications on the public trust doctrine were cited by the majority and dissenting opinions of the Wisconsin Supreme Court in Rock-Koshkonong Lake District et al. v. State of Wisconsin Department of Natural Resources, et al., in July 2013.
Laurie Beyranevand and Laurie Ristino each contributed to the summer 2013 issue of the Vermont Law Review. Professor Ristino provided the Introduction and Professor Beyranevand wrote an article, "Recognized as Safe: Analyzing Flaws in the FDA's Approach to GRAS Additives."
Michael Dworkin gave an invited presentation at the IUCN Academy of Environmental Law's Colloquium at the University of Waikato in Hamilton, New Zealand on June 27, 2013. His talk, "Our Energy Trilemma: Deciding from the Bench When Imperatives Conflict," compared how the Vermont Public Service Board addressed proposals for major statewide power purchases from Hydro-Quebec, Vermont Yankee Nuclear Plant, and energy efficiency investments.
Hillary Hoffmann presented at the International Symposium for Society and Resource Management in Estes Park, Colorado. The conference ran from June 4-8, 2013, and aimed to promote learning and discussion about the intersection of social issues and natural resources management and policy.
| Professor Hoffmann overlooks the confluence of the Green and
the Colorado Rivers, Canyonlands National Park, Colorado
David Firestone gave a lecture at the University of Vermont's Business School on June 7, 2013, on "Environmental Law and Sustainable Enterprise."
Patrick Parenteau testified before the House Natural Resources Committee at an oversight hearing on the Endangered Species Act and engaged in a spirited debate with Chairman "Doc" Hastings, on June 4, 2013.
Sean Nolon's new book (co-authored with Ona Ferguson and Patrick Field), Land in Conflict: Preventing and Resolving Land Use Disputes, was released in June 2013 and published by the Lincoln Institute for Land Policy.
The Preface and Chapter 1 can be downloaded for free on SSRN.
The book may be ordered online from the publisher.
Patrick Parenteau's article, "Celebrating the 40th Anniversary of TVA v Hill," appeared in the Tennessee Law Review in the 2013 summer edition.
Richard O. Brooks and Ross Virginia co-authored a chapter, "A Decade of Change in the Concept of Ecosystem Legal Regime," which appears in "The Law and Ecology of Pesticides and Pest Management" by Mary Jane Angelo, published by Ashgate Publishing Company, June 2013.
Patrick Parenteau's and Abigail Barnes's '14 article, "A Bridge Too Far: Building Off-Ramps on the Shale Gas Superhighway," appeared in the Idaho Law Review, vol. 49, issue 2, 2013. The article is listed on SSRN's Top Ten download list for Energy Law & Policy eJournal in May 2013.
Patrick Parenteau's op-ed, "Don't Gut Environmental Review," appeared in the Rutland Herald on May 14, 2013, and at VtDigger.com on May 16, 2013. The piece was cited by Senator Patrick Leahy in announcing his decision to vote against the Water Resources Development Act of 2013 because it contained a provision exempting projects from compliance with the National Environmental Policy
Tracy Bach returned from two weeks in Senegal, where she received a U.S. Speaker and Specialist Grant from the State Department to lead Senegal's Earth Day 2013 program on teaching climate change. From April 22 through April 24, she gave lectures in French to a diverse array of groups, ranging from seniors and juniors in high school to graduate students and faculty in engineering, geology, agriculture, philosophy, law, political science, economics, and education at three different universities (UCAD, Gaston Berger, and Thies), and climate change NGO leaders, Dakar-based academics, and government ministers at the West African Research Center (WARC). The April 24 WARC lecture, entitled "Climate Change in the 21st Century: Challenges and Responses," was covered by Senegalese television, radio, and print media. It was moderated by the Director of Research in Biotechnology at the Senegalese Ministry of Higher Education and Research, Dr. Ismaïla Diallo, and included commentary from Dr. Assane Goudiaby of the UCAD Institute of Environmental Sciences.
Jack Tuholske continued to represent farmers and conservationists opposing the development of coal for export in the Powder River Basin, partnering with VLS's Environmental and Natural Resources Law Clinic in proceedings before the Surface Transportation Board in April 2013.
Kevin Jones co-wrote a commentary with Colin Beckman on FERC's Order 1000 from the Vermont Law School's 2012 Environmental Watch List is included in Natural Resources Law: A Place-Based Book of Problems and Cases, Third Edition by Klein, Cheever, and Birdsong. It is included in their chapter on "Energy and the Federal Lands: Making Policy for the Future." Published by Aspen Publishers, April 2013.
Laurie Ristino's article, "In Support of Practical Legal Scholarship," appeared in the spring 2013 edition of Natural Resources & Environment.
Patrick Parenteau's article, "The Other Dam: Grayrocks vs the Whooping Cranes," appeared in the Tennessee Law Review, spring 2013.
Richard O. Brooks and Molly S. Hann '12 co-authored the article, "Making the Long Island Sound a Sustainable Community," in the New York University Annual Survey of American Law, spring 2013.
On behalf of the Vermont Public Interest Research Group, Laura Murphy testified before two committees of the Vermont House of Representatives during the spring 2013 session regarding the constitutionality of labeling requirements for genetically engineered foods. The Seven Days paper reported on this GMO labeling bill in an article, "Who's Trying to Kill the GMO Bill?", citing Professor Murphy.