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"Be Problem Solvers," Speakers Urge VLS Graduates

Vermont Law School — 22 May 2012 16:00:00 EST

Vermont Law School's newest alumni should dedicate themselves to being problem solvers who serve the public good in a rapidly changing world, two prominent speakers told members of the class of 2012 during VLS's 37th commencement weekend.

"Challenge laws and conventions that are outmoded, seek out the blank spots, be creative in your problem solving efforts," Vermont Supreme Court Chief Justice Paul Reiber said during his keynote speech at commencement on Saturday.

More than 600 students received Juris Doctor or master's degrees during the ceremony on the South Royalton town green.

Mark Tercek, the president and chief executive officer of The Nature Conservancy, offered similar advice during his talk the day before commencement about new strategies in conservation and ways that VLS graduates can play a role in protecting the environment and the human race. Tercek reviewed the state of conservation broadly, saying many parts of the global ecosystem were declining despite decades of effort to reduce pollution, wildlife and habitat destruction and climate change. "The environmental movement needs new people, new ideas and new energy," he said. "We need to think differently, bold and big."

Conservation efforts have been hurt by a public perception that protecting nature is elitist rather than critical to humans' well being and economic growth, Tercek said. "Nature is valuable, not just wonderful."

He discussed the Conservancy's new approaches, including preserving the headwaters and watershed of rivers that supply drinking water in Latin America rather than building expensive water filtration plants downstream. Other projects include persuading Iowans to allow their floodplains to absorb floodwaters rather than relying on levees that actually worsen flooding; the Conservancy's partnerships with Dow Chemical, Coca-Cola and other companies to promote cooperation between scientists, engineers and other key players; and a Conservancy internship program that recruits young, urban, lower-income minorities into conservation careers.

At commencement, Reiber got a chuckle from the crowd when he started by saying: "Next to swearing in new lawyers, this is my new favorite thing to do." But he also spoke about the tough job market that awaits new lawyers, saying failure and adversity were valuable to any successful career and that the key was to persevere. He said the justice system needs more lawyers to represent people who can't afford representation, especially in family court. He urged the graduates to use "practical wisdom and good judgment" whether they practice law or work in other fields.

Jeff Shields, who will retire July 31 after eight years as VLS's dean and president, was recognized for his leadership and community building. During his tenure, VLS launched the U.S.-China Partnership for Environmental Law, the Institute for Energy and the Environment, the Distance Learning program and other initiatives; strengthened the faculty by hiring nationally prominent teachers and lawyers; renovated Debevoise Hall, created the Center for Legal Services and completed other building and infrastructure projects; expanded the Career Services and Institutional Advancement offices, dual degrees program, clinical and experiental program and other programs; raised an average of $4 million a year; and undertook other initiatives that strengthened the school.

Alice Ranson '12 received the Learned Hand Award for academic excellence, Erin Wyatt '12 received the Alumni Association Award for contribution to the school and Jess Wilkerson '12 received the Maximilian W. Kempner Award for exhibiting civility, integrity and other attributes of VLS's fifth dean.

Honorary degrees were awarded to Reiber, Tercek and Edwin Colodny, a former VLS trustee, former president and CEO of US Airways, former interim president of the University of Vermont and former interim CEO of Fletcher Allen Health Care.

New Clinical Building to Improve Free Legal Services for Public

Vermont Law School — 21 May 2012 16:00:00 EST

Vermont Law School cut the ribbon Friday on its new Center for Legal Services, an historic landmark that underwent a $3.5 million renovation to create a vibrant new home for VLS's largest pro bono clinics.

The 14,700-square-foot facility will enable the South Royalton Legal Clinic (SRLC) and the Environmental and Natural Resources Law Clinic (ENRLC) to serve clients more effectively and provide an optimal learning environment for students. The larger space will also allow the clinics to add staff attorneys, student clinicians and cases in coming years. The clinics provide millions of dollars in free legal services each year in the name of environmental stewardship, social justice and public interest.

"This building represents the can-do spirit of Vermont Law School," retiring Dean and President Jeff Shields told the large crowd at the ribbon cutting ceremony, which included Gov. Peter Shumlin, Vermont Supreme Court Chief Justice Paul Reiber and representatives of U.S. Sen. Bernie Sanders, U.S. Sen. Patrick Leahy and U.S. Rep. Peter Welch.

The project was prompted by the American Bar Association's requirement that VLS improve the SRLC's physical space, but it expanded into a strategic initiative to bring the SRLC and the ENRLC under one roof. Barrister's Book Shop will join the clinics this summer in the newly renovated building at 190 Chelsea St., which was formerly Freck's Department Store.

"The ABA said we needed to downsize our clinical programs because the current buildings were insufficient, so we took this decrepit but historic building and turned it into a first-rate clinical facility," said Shields, whos thanked the nearly 500 donors who contributed to the project, including VLS Trustee Fran Yates and Joel Faxon '04, a partner at Stratton Faxon.

Shumlin thanked VLS for representing low-income residents and community groups who can't afford legal representation, saying the clinics' services were crucial to the "fabric of family" and to having a clean environment. The governor also thanked Shields and his wife Genie for their efforts during his eight years as dean and president of VLS. "You are responsible for this accomplishment," he said. "This building is affirmation that this school cherishes the place it's in and gives back everyday selflessly, which is the job of lawyers."

Reiber said the Center for Legal Services represents VLS's commitment to the legal profession's code of ethics and professionalism, "which are one of the most difficult things to teach. I applaud Vermont Law School and Dean Shields."

Faxon echoed the comments of the other speakers, saying the center will "provide the public with the right to access to the courts and the right to be heard."

VLS's clinical programs are overseen by two of the country's top clinical educators. Professor Margaret Barry, past president of the Clinical Legal Education Association, is the acting associate dean for Clinical and Experiential Programs, and Christine Cimini, former head of clinical programs at Denver University Sturm School of Law, is the director of Semester in Practice and Externship Programs.

VLS's clinical program--ranked 23rd among law schools nationwide by U.S.News & World Report--stands out from others in several ways. Few law schools have an environmental law clinic, and even fewer have a land use clinic. The VLS poverty law clinic allows students in-depth work in immigration, child welfare, domestic relations, public benefits and prison projects. The environmental clinic, one of the largest in the country in terms of students enrolled, offers rare and ready access to top environmental experts on the faculty.

Gone Fishin': Prof. Parenteau Analyzes Court Ruling on Recreationists' Access to Reservoir

Vermont Law School — 16 May 2012 16:00:00 EST

Vermont Law School Professor Pat Parenteau talked to WCAX recently about the Vermont Supreme Court's recent ruling that the city of Montpelier does not currently have the authority from the state to restrict public recreation at its drinking water supply.

Watch the story.

"One of the ironies here is that the city of Montpelier is liable for delivering water to its customers that is in any way impaired by the activities that occur in Berlin Pond and yet Montpelier doesn't have the authority to protect and prevent that kind of harm from occurring," said Parenteau, whose expertise includes water resources and public lands.

Parenteau said city officials have two options -- the first, going to the state Water Resources Panel and persuading them that Berlin Pond will be harmed by recreation, something they have been unable to do in the past.

"The other option would be to go to the Legislature and get a clear delegated authority to amend the charter for the city of Montpelier to directly regulate activities at Berlin Pond," he said.

Prof. McCann Breaks Down Roger Clemens Trial in Sports Illustrated

Vermont Law School — 16 May 2012 16:00:00 EST

Roger Clemens may have to testify if his chief accuser hits a home run on the witness stand in the former baseball star's trial over whether he lied about using steroids and human growth hormone, Vermont Law School Professor Michael McCann wrote in his latest column in Sports Illustrated.

Read the full column at SI.com.

McCann, a nationally recognized expert in sports law, antitrust, and law and economics, is director of VLS's Sports Law Institute, Sports Illustrated's legal analyst, "Sports Law" columnist on SI.com (CNNSI) and an on-air legal analyst for NBA TV.

"More than four years since he and Roger Clemens gave contradictory testimony to the House Committee on Oversight and Government Reform, Brian McNamee appeared before U.S. District Judge Reggie Walton over the last two days to answer questions from government prosecutors. In doing so, he provided the most pivotal testimony yet in U.S. v. Clemens. McNamee also set the table for a contentious showdown with Clemens' lawyers as they cross-examine him late this afternoon and into tomorrow....

"If McNamee excels during cross-examination, Clemens' legal team may have no choice but to call Clemens to the stand and ask him to rebut McNamee's account. It would be a risky maneuver, since Clemens would have to also face cross-examination. His bravado and often inflexible choice of words could doom him when facing crafty questions from prosecutors. But not letting Clemens testify could also be major blunder and would be highlighted in the event he is convicted. McNamee's testimony on cross-examination, in other words, could be the trial's game changer.

"The government can still obtain a conviction of Clemens without the jury fully believing McNamee. In addition to perjury and false statement counts, Clemens is also defending against a count for obstruction of Congress. The charge refers to impeding and interfering with a Congressional investigation. It is plausible that jurors could reason that the government did not prove that Clemens knowingly lied under oath, but nonetheless showed that Clemens' interactions with the investigation were sufficiently misleading or distortive to warrant an obstruction conviction. While Clemens would face a maximum of five years in prison for such a conviction, Judge Walton could decline to impose any prison time and instead impose probation, community service and house arrest -- just like that assigned to Barry Bonds, who was likewise convicted on obstruction charges."

Six VLS Students Named Schweitzer Fellows

Vermont Law School — 16 May 2012 16:00:00 EST

The Albert Schweitzer Fellowship announced today that six Vermont Law School students are part its 2012-13 class of New Hampshire-Vermont Schweitzer Fellows.

The 29 graduate students will spend the next year learning to address the social factors that impact health, developing lifelong leadership skills and living physician-humanitarian Albert Schweitzer's message of service. Joining approximately 220 other 2012-13 Schweitzer Fellows at 12 program sites throughout the U.S., the New Hampshire-Vermont Schweitzer Fellows will partner with local community-based organizations to develop and implement yearlong, mentored service projects that improve the health and well-being of underserved people -- all on top of their regular academic responsibilities.

The 2012-13 VLS Schweitzer Fellows, who join a long list of previous Fellows from Vermont Law School, are:

• Daniel Liebowitz and Ariel Solaski, who will launch a LPFM radio station for Royalton, Vermont, and surrounding towns with programming that emphasizes community health and well-being. The radio station will serve as a platform for community members of all ages and interests to collaborate, share knowledge, and engage in discussion.

• Stephanie Peters, who will work to grow the client and volunteer base and raise community visibility for Rutland Volunteer Garden Service, a program launched by Schweitzer Fellow Kate Thomas '13 that pairs teens and seniors to provide gardening help and promote cross-generation connections.

• Robin Seila, who will implement yoga and meditation programming for senior citizens and cancer patients at the Norris Cotton Cancer Center.

• Karen White, who will partner with Have Justice-Will Travel, which was founded by Schweitzer Fellow Wynona Ward '98, to help provide legal assistance for victims of domestic violence.

• Natalie Wicklund, who will work with Safeline to educate high school students in the Upper Valley area about dating violence with the goal of reducing such instances.

Since 1996, VLS Schweitzer Fellows have each contributed at least 200 hours of service annually to community projects they create. The 2011-12 VLS Fellows were Theo Fetter ‘12, William Tucker ‘12, Sarah Mooney ‘13, Ida Nininger ‘13, Vikram Patel ‘13 and Kate Thomas ‘13. The 2010-11 VLS Fellows were Kelly Connolly ‘12, Renee Gregory ‘11, Maximilian Merrill ‘12, Allison Silverman ‘12 and Michelle Tarnelli ‘12.

Since 1996, the New Hampshire-Vermont Schweitzer Fellows Program has supported more than 350 Schweitzer Fellows in delivering nearly 70,000 hours of service. The program is funded entirely through charitable donations and grants. Sponsors include Vermont Law School, Anthem Blue Cross and Blue Shield Foundation in New Hampshire, the Byrne Foundation, the Couch Family Foundation, Dartmouth-Hitchcock Medical Center, the Geisel School of Medicine at Dartmouth, the Grafton County Medical Society, Hypertherm, Inc., the Lintilhac Foundation, the New Hampshire Charitable Foundation, University of New Hampshire School of Law, Thayer School of Engineering at Dartmouth and the University of Vermont College of Medicine.

Founded in 1940 to support Dr. Albert Schweitzer's medical work in Africa, ASF is a national nonprofit organization whose mission is to develop Leaders in Service: individuals who are dedicated and skilled in meeting the health needs of underserved communities and whose example influences and inspires others.

Vermont Law School Marks First Anniversary of Nation’s First Fully Online Environmental Master’s Program

Vermont Law School — 15 May 2012 16:00:00 EST

SOUTH ROYALTON, Vt. -- Vermont Law School's distance learning program is thriving one year after starting to offer the nation's first fully online master's degrees in environmental law and policy.

VLS, the top-ranked environmental law school in the country, on May 16, 2011, kicked off the first fully online master's degree programs in U.S. environmental law for lawyers and non-lawyers working in the law, public policy and other fields in the United States and overseas.

Enrollment is growing for the online Master of Environmental Law and Policy (MELP) and online LLM in Environmental Law for post-JD attorneys, which together have nearly 100 students, mostly from the United States, with a few from other countries. The program is designed for people who need to work while completing their graduate degree, but who want the same quality of education offered on campus, including in-depth and personal discussion between students and professors.

Distance learning serves the fastest-growing population of graduate students, and more law schools are offering master's degrees entirely online in specialized areas of law, such as the environment, taxation, health care, estate planning or business transactions.

"Our asynchronous, interactive program design incorporates the latest learning research," said Associate Professor Rebecca Purdom, VLS's director of Distance Learning and assistant dean of Environmental Programs. "Our program is simply more available to a wider array of students and professionals than the synchronous, video-based programs currently offered by most law schools."

VLS also is leading law schools in the development of the appropriate standards for distance education, said Purdom, who is chair of the Working Group for Distance Learning in Legal Education, which she coordinates with VLS Professor Oliver Goodenough and the Harvard Program for the Legal Profession. The American Bar Association currently allows up to 12 credits of distance education toward a Juris Doctor degree, but in July will consider a proposal to allow up to a full semester to be taken via distance learning toward a JD. The Working Group has submitted comments on the proposed change to the ABA and is creating a best practices guide for law schools about to embark on distance learning efforts. The Working Group has also developed a model law school distance learning policy.

"While times are tight and it's been challenging to take on a new investment, Vermont Law School should be proud and grateful that our leaders had the foresight to step into the brave new world of distance learning over the past year," Purdom said. "We're watching the mass-market introduction of these programs with interest, but we're confident that a selective, highly personal and interactive program design will ultimately win the day."

Purdom can be reached at 802-831-1217 or rpurdom@vermontlaw.edu

Learn more information about VLS's distance learning program.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802-831-1106, cell: 540-798-7099, home: 802-649-2235, jcramer@vermontlaw.edu

Commencement Weekend Highlights to Include Opening of Center for Legal Services, Talk by Nature Conservancy President

Vermont Law School — 15 May 2012 16:00:00 EST

SOUTH ROYALTON, Vt. -- Vermont Law School will mark its 37th annual commencement weekend May 18-19 with a talk by the head of the world's leading conservation group and the opening of a new legal clinics building to benefit needy families and the environment.

VLS will officially open the Center for Legal Services at 11:30 a.m., Friday, May 18 with a ribbon-cutting ceremony that includes U.S. Sen. Bernie Sanders, Gov. Peter Shumlin, Vermont Supreme Court Chief Justice Paul Reiber and other officials. The historic building at 190 Chelsea St. underwent a $3.5 million renovation to convert it into the new home for the South Royalton Legal Clinic and the Environmental and Natural Resources Law Clinic. The two clinics provide millions of dollars of free legal services annually in the name of environmental stewardship, social justice and public interest.

Mark Tercek, the president and chief executive officer of The Nature Conservancy, will discuss new strategies needed in conservation and ways that VLS graduates can play a role in protecting the environment. His talk will be at 3:30 p.m., Friday, May 18 in the Chase Community Center. The Nature Conservancy is the world's leading conservation organization working around the world to save the lands and waters that sustain all life.

Vermont Supreme Court Chief Justice Paul Reiber will deliver the keynote speech at commencement at 10 a.m., Saturday, May 19 on the South Royalton town green. Honorary degrees will be awarded to Reiber, Tercek and Edwin Colodny, a former VLS trustee, former president and CEO of US Airways, former interim president of the University of Vermont and former interim CEO of Fletcher Allen Health Care.

The events are free and open to the public. More information is available at our Commencement pages.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802-831-1106, cell: 540-798-7099, home: 802-649-2235, jcramer@vermontlaw.edu

China Fellow Moser Discusses True Costs of Conservation

Vermont Law School — 08 May 2012 16:00:00 EST

A recent editorial by media personality John Stossel about the costs of environmental protection prompted a response in the Huffington Post from Adam Moser, a China Environment Fellow and Energy Law Fellow at Vermont Law School's U.S.-China Partnership for Environmental Law.

Moser rebutted Stossel's claims in a commentary on the Huffington Post's Green blog.

"I'm sure almost every country has someone like John Stossel -- a self-righteous media personality who depicts the world in black and white, and whose appeal, to a section of the population, lies precisely in his oversimplified take on what are very complex matters," Moser wrote.

"If Stossel thinks that environmentalists are making U.S. energy prices rise, his understanding of markets and world events is skewed beyond belief. I invite him to come to China, so that he might understand why global energy prices are rising. China will struggle with leaving a dirty economic model behind because it is always easier to preference short-term economic growth over investments in value creating conservation for the future. But at least China realizes there are real physical constraints to its landfills and to its fossil fueled growth. If it doesn't realize this, then American environmentalists should be the least of Stossel's concerns."

Moser, whose specialties are environmental energy law and policy in the United States and China, has a JD degree from the University of Cincinnati College of Law and a master of laws degree in environmental law and energy law from Vermont Law School.

Kaifala '13 Says Libya Should Bring Former Leaders to Justice

Vermont Law School — 08 May 2012 16:00:00 EST

Vermont Law School student Joseph Kaifala '13 recently wrote a commentary titled "Libya - Not the International Court - Should Bring Former Leaders to Justice" in PolicyMic.

"The International Criminal Court (ICC) has charged three Libyans - Saif Al-Islam Gaddafi, former honorary chairman of the Gaddafi International Charity and Development Foundation, acting as de facto Prime Minister of Libya; Abdullah Al-Senussi, colonel in the Libyan Armed Forces and former head of the military intelligence; and the late Muammar Gaddafi, who served as head of state," Kaifala wrote. "The three were indicted for crimes against humanity committed during the Libyan Revolution in 2011.... Since the end of the revolution, the ICC has been trying to get the Libyan government to surrender the accused to the Court at The Hague, but the Libyan government has consistently refused to extradite....

"The Libyan government has emphasized its willingness to bring the accused to justice under national jurisdiction. The ICC should withdraw its warrants and let the Libyan criminal system render justice for the Libyan people. We cannot judge the alleged inadequacy of the Libyan justice system if we do not allow it to operate. The accused are charged with crimes committed against the Libyan people and they must be held accountable to Libyans where their government has expressed commitment to justice and national reconciliation."

Kaifala is executive director of the Jeneba Project, a nonprofit group dedicated to improving education for children in Sierra Leone, Liberia and Guinea. He was born in Sierra Leone and spent his early childhood in Liberia and Guinea. He speaks six languages and holds a master's degree in international relations from the Maxwell School at Syracuse University.

Prof. Apel Explores "Newfangled Families"

Vermont Law School — 07 May 2012 16:00:00 EST

In a recent story headlined "Newfangled Families," the Valley News featured the MedLaw Seminar taught by Vermont Law School Professor Susan Apel, director of the General Practice Program, and Judy Stern, a professor at Dartmouth's Geisel School of Medicine.

The seminar, which started in 1999, explores the legal and social complexities that can result when couples use assisted reproductive technologies (ART) to create a family.

The rate of ART procedures in the United States has doubled over the past decade, according to the U.S. Centers for Disease Copntrol and Prevention. More than 1 percent of all infants born in the United States every year are conceived using ART. With rising rates of infertility and more couples desiring to have children outside the traditional male-female marriage structure, the prevalence of technology-assisted pregnancies is likely to increase.

"Stern and Apel connected after they realized each needed the expertise of the other," the Valley News reported. "Stern, the doctor, wanted to learn more about the potential legal issues involved in newfangled fertility procedures. And Apel, the professor, had received her training in family law before many of these procedures were even in existence.

"'I realized I was teaching this old-fashioned family law,' Apel said. 'I needed to understand more about the new technology. Most of these (legal) cases, with some exceptions, are dealt with on a state-by-state basis. You have 50 different jurisdictions that may be coming to different results... It's a difficult assignment for the courts. they're working with very little precendent from anywhere else.'"

Learn more about VLS's MedLaw Seminar and General Practice Program.

Prof. McCann Explores Truths, Myths about Roger Clemens Trial

Vermont Law School — 03 May 2012 16:00:00 EST

In his latest Sports Illustrated column, Vermont Law School Professor Michael McCann discusses myths and truths about the U.S. Justice Department's prosecution of former baseball star Roger Clemens and about the Congressional hearing on the clinical effects of HGH, vitamin B-12 and other performance-enhancing drugs and motivations for athletes to use them.

"As the Roger Clemens trial plods along, many are asking, in one form or another: Why did Congress waste millions of our tax dollars to investigate if a baseball player used steroids?" wrote McCann, one of the nation's leading sports law experts and the director of VLS's Sports Law Institute. He also is a legal analyst for Sports Illustrated and the "Sports Law" columnist on CNNSI (SI.com).

"It's a question that has been repeatedly asked since Clemens testified before the House Committee on Oversight and Government Reform on Feb. 13, 2008 and defiantly claimed that he had never used illegal steroids or Human Growth Hormone. The committee's doubts about Clemens' truthfulness led to an investigation by the U.S. Justice Department, a nearly 16-month grand jury proceeding, perjury charges, a mistrial last summer and, finally, a new trial. All told, millions of tax dollars have been spent by the federal government investigating and prosecuting Clemens.

"The lingering belief that the Congressional hearings and subsequent developments were all a foolish use of government time and money has not gone away. Prospective jurors even admitted to U.S. District Judge Reggie Walton that they felt the Congressional hearings were wasteful. One potential juror went so far to describe it as 'a little bit ridiculous' that Congress would investigate Clemens instead of numerous matters more crucial to the nation. As expected, attorneys for Clemens have tried to capitalize on this sentiment in their defense. They hope to persuade jurors to nullify the government's case on grounds that it never should have been brought to trial.

"While there are legitimate criticisms of the investigation and prosecution of Clemens, myths and falsehoods about the infamous Congressional hearing in 2008 have emerged and are worthy of correction. You may even come to believe Congress was right, or at least justified, in calling Clemens to testify."

Dean Shields Honored with State House Resolution

Vermont Law School — 30 Apr 2012 16:00:00 EST

The Vermont General Assembly recently honored retiring Vermont Law School President and Dean Jeff Shields and his wife Genie with a resolution recognizing their dedication to VLS and Vermont over the last eight years.

According to the resolution, which was introduced by Rep. Sarah Buxton '10:

"Whereas, Dean Shields' leadership ushered in a stronger, more globally inclusive environmental network of clinics, institutes, and courses and also established path-breaking partnerships with universities in China, and

"Whereas, his wife, Genie, created a support program (VLS Partners Group) for the men and women who dared to accompany their partners through law school, and the Shields hosted more than 600 events for various groups at their home, and

"Whereas, significant new academic programs begun during Dean Jeff Shields' years on the VLS campus have included the Environmental and Natural Resources Law Clinic, the U.S.-China Partnership for Environmental Law, the Institute for Energy and the Environment, and the Agricultural Law Center, and

"Whereas, major building projects during his tenure included the rehabilitation and expansion of the old South Royalton School, known as the Debevoise building, creation of a new Center for Legal Services, breaking ground for a new fitness center, and the opening of an outdoor classroom, now therefore be it

"Resolved by the Senate and House of Representatives: That the General Assembly honors retiring Vermont Law School President Geoffrey B. Shields and his wife, Genie, for a remarkable period of educational growth, international outreach, physical improvements on campus, and the building of a stronger sense of school community..."

Read the full resolution.

Week of April 23

Vermont Law School — 30 Apr 2012 16:00:00 EST

Orion Magazine had an article in its May/June issue by Professor Gus Speth, the second of a two-part series based on his book "America the Possible: Roadmap to a New Economy," which will be published in September.
The Burlington Free Press reported April 28 on the Vermont Journal of Environmental Law's symposium on managing floodwaters and other environmental impacts in the wake of Tropical Storm Irene.
The Burlington Free Press reported April 27 on Sen. Patrick Leahy, D-Vt., securing continued funding for VLS's U.S.-China Partnership for Environmental Law.
USA Today talked to Adjunct Professor Peter Bradford on April 26 about an energy company's request for federal loan guarantees for a centrifuge project to turn uranium hexafluoride into enriched fuel for nuclear plants nationwide.
WCAX spoke with Professor Cheryl Hanna on April 25 about two bills in the Vermont Legislature that have raised legal questions--one concerning genetically-engineered food labeling and the other the Vermont Yankee tax bill.
The St. Louis Post-Dispatch talked to Adjunct Professor Peter Bradford on April 25 about the costs of small nuclear reactors.
The Des Moines Register spoke with Mark Cooper on April 23 about the costs of new nuclear power plants. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.

Sen. Leahy Wins $3.9 M for VLS, ISC to Continue Environmental Work in China

Vermont Law School — 27 Apr 2012 16:00:00 EST

Sen. Patrick Leahy (D-Vt.) has rescued $3.9 million to continue the work of Vermont Law School's U.S.-China Partnership for Environmental Law and another pioneering Vermont organization that are helping to nurture the emergence of environmental advocacy in China.

Leahy, who chairs the Senate's committee on the budget for the State Department, foreign aid and other U.S. foreign operations, has secured about $15 million each year for several years to fund a competitive grant program for rule-of-law training in China, where the judiciary is often manipulated by corrupt officials and rapid economic growth has led to unprecedented environmental and public health problems. Under the Leahy-funded initiative, U.S. organizations devise and implement programs to partner with civic reform groups in China in fostering environmental advocacy and enforcement, in challenging official corruption and in protecting worker health and safety.

Vermont Law School and the Vermont-based Institute for Sustainable Communities have been among the program's participants, forming the U.S.-China Partnership For Environmental Law, based at the VLS campus in South Royalton. Since 2006 their program has trained thousands of Chinese lawyers, citizen advocates and educators, giving them the skills and academic infrastructure needed to solve mounting environmental and energy challenges through the rule of law. The program helps empower ordinary citizens in China by building legal training capacity for lawyers and civic organizations there in challenging government corruption, local pollution and threats to worker health and safety. Leahy notes that another benefit is that emergence of environmental and safety standards within China helps in leveling the economic playing field with American firms that operate within U.S. environmental and safety standards.

Read the full news release from Leahy's office.

Dapolito '12 Examines International Law Issues

Vermont Law School — 26 Apr 2012 16:00:00 EST

Vermont Law School student Mollie Dapolito '12 recently published two articles in ILSA Quarterly about legal cases overseas.

The first article, titled "Pakistani Prime Minister Appears in Court on Comtempt Charges," was on pages 18-19. The second article, titled "Congress of the Phillippines Impeaches the Chief Justice of Phillippines Supreme Court," was on pages 21-22.

Read the articles.

Dapolito is a regular contributor to ILSA Quarterly, an academic magazine published by the International Law Student Association that features articles written by students, scholars and practitioners about timely issues of international law and related topics.

After Irene: VPR Reports on VJEL Symposium

Vermont Law School — 25 Apr 2012 16:00:00 EST

Tropical Storm Irene may be past, but its impact on Vermont continues to reverberate as government officials, property owners, conversationists, anglers and others look for better ways to manage rivers and floodwaters in the Green Mountain state.

Vermont Public Radio reported on a recent symposium, titled "After Irene: Law and Policy Lessons for the Future," that was hosted by the Vermont Journal of Environmental Law, a student-run online journal at Vermont Law School.

"Vermont rivers program manager Michael Kline says Irene represents a turning point in how the state and communities approach rivers," VPR reported. "Even so, Kline says 40 percent of the river repairs done after Irene actually increased the danger from flooding. Kline says only recently have officials begun questioning the decades long practice of dredging, widening and straightening rivers after floods. Following Irene, Kline says the state river engineers are working with towns to take a new approach to managing rivers to better prepare for future floods.

"'We are beginning to look at our flood response differently so that instead of creating the fire hose effect out of our rivers, we can find out where they can dissipate some of that flood flow, where they can expend some of that flood energy,' he says.

"The key to that is protecting floodplains and the idea of giving rivers the room they need to overflow. Kline says Vermont's rivers can no longer access 75 percent of the floodplain that borders them. That's largely because of development and the way rivers have been altered. Better local planning can protect existing floodplains and mitigation programs could help clear out developed areas."

Jones '12, VLS to Receive Top Awards from Vermont Association for Justice

Vermont Law School — 24 Apr 2012 16:00:00 EST

Vermont Law School student Dee Jones '12 will receive the Martha Woodman Consumer Advocacy Award from the Vermont Association for Justice for her inspirational character and courageous challenge to the discriminatory practices of the National Conference of Bar Examiners, the VTAJ announced.

The award will be presented at the VTAJ's annual meeting on May 18, where the group also will present the Frank G. Mahady Public Service Award to Vermont Law School for its support of Jones during her VLS career and her litigation.

Jones, who is legally blind and has an auditory learning disability, won a preliminary injunction from a federal judge last year saying the Bar Examiners had to allow her to use a computer during the Multistate Professional Responsibility Exam, the legal ethics exam that all lawyers must take before they practice in most states.

The computer allows Jones, who hopes to practice disability law, to use two types of software that enlarge text, highlight words in different colors and read text aloud, so that she can fully comprehend the material.

Kaifala '13 Says Military Coups Still Haunt African Democracy

Vermont Law School — 23 Apr 2012 16:00:00 EST

Vermont Law School student Joseph Kaifala '13 recently wrote a commentary titled "Military Coups Still Haunt African Democracy" in PolicyMic.

"Recent events in Africa reawakened a ghost many of us thought was exorcised at the end of the last millennium, but the past few weeks have shown that the spirit of military coup d'états has not yet been laid to rest," he wrote.

"There is no doubt that Mali, Guinea Bissau, and many other African countries need political change, but the African people should not settle for regression in governance. What we aspire to in the 21st century are governments of the people, by the people, and for the people. It is the people who hold the right to change their government, not the armed forces. The African people should remain adamant against reversing our humble achievements in democratic governance, and our regional organizations must stand by the will of the people, which is ballots not bullets."

Weeks of April 9, April 16

Vermont Law School — 23 Apr 2012 16:00:00 EST

Vermont Public Radio reported April 20 on the Vermont Journal of Environmental Law's symposium on managing floodwaters and other environmental impacts in the wake of Tropical Storm Irene.
In The New York Times on April 17, in his Sports Illustrated column on April 16 and on CNN (here and here) on April 16, Professor Michael McCann discussed the steroids retrial case of former baseball star Roger Clemens.
The Missoulian (Montana) spoke with Adjunct Professor Jack Tuholske on April 16 about a potentially groundbreaking railroad lawsuit in California that could reverberate nationwide.
A Jakarta Post (Indonesia) commentary on fuel subsidies and energy sustainability on April 16 cited research byAssociate Professor Benjamin Sovacool.
The Times Argus/Herald had an article April 15 by VLS's smart grid team—Kevin Jones (smart grid project leader), Rebecca Wigg (smart grid fellow) and Allie Silverman '12 (research associate)—about the adoption of smart grid technology across Vermont.
Sports Illustrated had an April 13 article co-authored by Professor Michael McCann, with assistance from Jon Hamlin '10, about former University of Arkansas football coach Bobby Petrino trying to sidestep school guidelines to hire his mistress as the team's player development coordinator.
New England Public Radio talked to Professor Pat Parenteau on April 13 about the proposed cleanup of the Housatonic River.
USA Today, whose story ran April 15, and the Associated Press, whose April 12 and April 16 stories ran in The Washington Post, FOX News, Politico, The Guardian (United Kingdom), ABC News, CBS Sports, Sports Illustrated, Globe and Mail (Toronto), ESPN, Univision and hundreds of other media worldwide, talked to Professor Michael McCann about the steroids retrial case of former baseball star Roger Clemens.

Week of April 2

Vermont Law School — 09 Apr 2012 16:00:00 EST

The St. Louis Post-Dispatch cited Mark Cooper's research in an April 8 editorial on the costs and safety of nuclear power. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.
The Valley News reported April 8 on the Global Activism on LGBTI Issues conference hosted by the International and Comparative Law Program, Alliance, and International Law Society.
CNN spoke with Alex Manning '06 on April 7 about the death of Trayvon Martin, a Florida teen-ager shot by a neighborhood watch volunteer.
ESPN-W spoke with Associate Professor Brian Porto on April 7 about myths associated with Title IX and on April 3 about the difficulties that women face in coaching college sports since the advent of Title IX.
George Washington Law Professor Jonathan Turley, a nationally respected lawyer and legal educator who handles high profile cases, praised Professor Cheryl Hanna's constitutional law students in his prominent blog after he gave a talk on morality and the law at VLS.

Sports Industry Leaders to Advise Sports Law Institute

Vermont Law School — 04 Apr 2012 16:00:00 EST

Vermont Law School's Sports Law Institute recently announced its Board of Advisors, which includes some of America's top sports industry leaders, and the start of a Blue Chips program designed to give students the core skills, hands-on experience and research opportunities needed to succeed in the sports world.

Among the luminaries on the SLI's board are Alan Milstein, one of the leading sports agents and litigators in the country; Jay Reisinger, attorney for Alex Rodriguez and other star baseball players; and B.J. Schecter, executive editor of Sports Illustrated and SI.com.

"We're honored that such an illustrious and dynamic group of people have stepped forward help to guide the Sports Law Institute and to provide opportunities for Vermont Law School's students," said Professor Michael McCann, director of the SLI and a nationally recognized expert in the fields of sports law, antitrust, and law and economics. He also is a legal analyst for Sports Illustrated and NBA TV and the sports law columnist for SI.com (CNNSI).

Blue Chips, which will start in fall 2012, is an innovative program that will provide students with real-world, practical skills in sports law. Those skills include the drafting of employment and endorsement contracts, foundational knowledge in sports litigation and arbitration, and application of NCAA regulations. It will also include assistance on helping students obtain internships and jobs in sports law.

The SLI also recently held a successful Ski, Snowboarding and Resort Law panel discussion. "The panel was highly informative, wide-ranging and a great introduction for our students to the kinds of legal issues that arise in the skiing and snowboarding industries," said Associate Professor Brian Porto, deputy director of the SLI whose most recent book is titled "The Supreme Court and the NCAA: The Case for Less Commercialism and More Due Process in College Sports."

The SLI's Advisory Board members are:

Jeff Benedict, award-winning investigative journalist, attorney and best-selling author.
Chris Brown, president of the Basketball and Entertainment Divisions of Orpehus Sports and Entertainment, whose clients include NBA players and music stars.
Christopher Callanan, founding partner of Stevenson McKenna & Callanan and a seasoned sports litigator and agent who has represented professional and Olympic athletes and sports agents.
Ralph Cindrich, sports agent and former NFL player who negotiated one of the landmark contracts in sports history that altered the salary hierarchy in the NFL.
Neil Cornrich, NFLPA-certified agent/attorney and president of NC Sports who represents a number of prominent NFL coaches and players.
Timothy Epstein, partner in Smith Amundsen where he is chair of the firm's Sports Law Group.
Daniel Fitzgerald, sports attorney at Brody Wilkinson who provides counsel to clients on legal issues in amateur, collegiate and professional athletics.
Robyn Glaser, senior adviser to the Kraft Sports Group.
Joshua Golka, sports attorney who provides counsel to athlete agents, athletes and others with a focus on the laws and regulations governing athlete agents.
Betsy Goff, sports attorney who previously was an executive at ABC and vice president of ESPN and IMG Legal.
Jimmy Golen, Associated Press sports writer and Yale Law School graduate who has extensive experience covering legal matters in sports.
Ken Gordon, senior director and assistant general counsel of ESPN.
John Harper, vice president consulting at Wasserman Media Group who previously managed business development and brand initiatives with Sony and Nike.
Jaimesen Heins, associate general counsel at Burton Snowboards.
Darren Heitner, attorney who focuses his legal practice on sports, entertainment and music litigation and transactional work.
Mark Hicks '06, associate director of High School Review at the NCAA Eligibility Center.
Terence High, NFLPA-certified agent and attorney who represents NFL and college coaches.
Donald Jackson, sports agent and attorney at The Sports Group whose clients include players and coaches.
Nate Jones, digital media and professional athlete marketing attorney at Goodwin Sports Management.
Rob Kaler 90', chief operating officer and general counsel of the U.S. Soccer Foundation and who previously litigated on behalf of the National Football League Players Association.
Jon King, partner in Hausfeld LLP and one of the lead attorneys for the plaintiffs in In re NCAA Student-Athlete Name & Licensing Litigation, a nationwide class action also known as the Ed O'Bannon and Sam Keller litigation.
Matthew Lane, sports attorney whose clients include Olympic athletes and professional runners.
Jason Levien, co-owner of the Philadelphia 76ers and an attorney and sports agent who represents professional athletes across the globe.
Lisa Masteralexis, department head and associate professor in the Mark H. McCormack Department of Sport Management at the University of Massachusetts, Amherst, and a certified player agent with the Major League Baseball Players Association.
Edward Mattes '83, chairman of the Vermont Law School Board of Trustees, co-owner of the Ogden Raptors and Connecticut Tigers minor league affiliates and co-founder and CEO of Avant Garde Therapeutics and Technologies LLC.
Alan Milstein, co-managing shareholder of Sherman, Silverstein, Kohl, Rose & Podolsky, P.A., agent for star athletes and one of the leading sports litigators in the country.
James McCurdy, president of the Pioneer Baseball League, former minor league team owner and distinguished sports law professor and author.
Jim Munsey '84, president of Munsey Sports Management, a MLBPA certified agent whose clients include top Major League Baseball players.
James Murphy, MLBPA certified agent at TWC Sports who represents some of the top Major League Baseball players.
Eric Nyquist, vice president of Strategic Development of NASCAR and formerly executive vice president of the Chicago White Sox Enterprises and manager of Business Planning for the NFL.
Buster Olney, senior baseball writer for ESPN The Magazine and analyst for ESPN's Baseball Tonight.
Katherine Potter, sports attorney at Burns Levensonwho represents teams/stadiums in mergers/acquisitions and in tax matters.
Jay Reisinger, attorney for Alex Rodriguez, Andy Pettitte, Sammy Sosa, Francisco Rodriguez and other big league players and a founding partner of Farreel & Reisigner, where he manages the sports law practice.
Ryan Rodenberg, assistant professor at Florida State University and formerly associate general counsel at Octagon who also worked at the ATP World Tour and Nike.
Joe Rosen, president of Baseball and Media Divisions of Orpheus Sports and Entertainment, which he co-founded, and an MLBPA certified agent.
B.J. Schecter, executive editor of Sports Illustrated and SI.com and a faculty member of the Columbia University School of Journalism.
John Shinn, MLBPA certified player agent and attorney.
Dan Silverman, director of compliance in the Department of Athletics at Yale University.
Greg Skidmore, litigation partner at Kirkland and Ellis and the founder and editor of Sports Law Blog.
Brian Socolow, chair of the sports practice at the national law firm of Loeb & Loeb LLP.
Debbie Spander, director of the Sports Lawyers Association and president of Spander Digital Sports & Entertainment.
Bryan Stroh, vice president and general counsel of the Pittsburgh Pirates and previously a partner at Katten Muchin, where he represented the Chicago White Sox, Cleveland Indians and Oakland A's.
Sarah Eaton Stuart, associate general counsel of Reebok, where she is the senior lawyer responsible for global marketing and sports marketing.
Michael Wall, vice president, general counsel and corporate secretary of Bauer Performance Sports and previously general counsel of TD Garden and the Boston Bruins.
Andrew Weber '07, former general manager of the Connecticut Tigers and Oneonta Tigers.
Jon Wertheim, Sports Illustrated and SI.com columnist and graduate of the University of Pennsylvania Law School who has covered every sport as well as legal matters relating to sports.
Mike Zarren, assistant general manger and legal counsel of the Boston Celtics who is considered one of the leading experts on role of analytics in basketball.
Warren Zola, assistant dean for Graduate Programs in the Carroll School of Management at Boston College and the chair of Boston College's Professional Sports Counseling Panel.

Vermont Law School to Host LGBTI Conference

Vermont Law School — 02 Apr 2012 16:00:00 EST

SOUTH ROYALTON, Vt. -- Vermont Law School's International and Comparative Law Program, Alliance, and International Law Society will host a conference on Saturday, April 7, to promote international advocacy to protect the human rights of LGBTI people.

The event, titled "A World of Change: Global Activism on LGBTI Issues," is free and open to the public. It starts at 9 a.m. in the Chase Community Center.

The conference will examine the early struggles in the movement and discuss the development of international legal standards; strategies on using U.N. human rights mechanisms; lessons learned on building a movement across the globe; and current challenges for future advocacy. Panels and group breakout sessions will provide opportunities to learn how to participate in campaigning on these issues today.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802-831-1106, cell: 540-798-7099, home: 802-649-2235, jcramer@vermontlaw.edu

Week of March 26

Vermont Law School — 02 Apr 2012 16:00:00 EST

CNN spoke with Alex Manning '06 on April 1 about the death of Trayvon Martin, a Florida teen-ager shot by a neighborhood watch volunteer.
The Burlington Free Press had an op-ed column by Visiting Professor Robert Rachlin on March 31 about the death of Trayvon Martin, a Florida teen-ager shot by a neighborhood watch volunteer.
The Brattleboro Reformer talked to Joe Cook '97 on March 31 about his interests in biking and the law.
U.S.News & World Report, the Daily Kos and other media reported March 30-31 on Mark Cooper's new study on the costs of nuclear power. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.
WCAX spoke with Professor Cheryl Hanna and FOX44 with Associate Professor Michele Martinez Campbell on March 29 about the charges against a Vermont couple accused of murdering a teacher in Vermont.
In his Sports Illustrated column on March 28, Professor Michael McCann analyzed the proposed $2.15 billion sale of the Los Angeles Dodgers.
E&ENews PM talked to Professor Pat Parenteau on March 28 about the EPA's new rules for limiting greenhouse gas emissions from coal plants.
China Radio International spoke with Associate Professor Benjamin Sovacool on March 28 about the second Nuclear Security Summit.
The Burlington Free Press and other media reported March 27 on a rally organized by the Black Law Students Association to call attention to the death of Trayvon Martin.
WCAX talked to Associate Professor Michele Martinez Campbell on March 26 about self-defense laws and the death of Trayvon Martin.

Wynona Ward '98 Profiled in Documentary Film

Vermont Law School — 28 Mar 2012 16:00:00 EST

BYUtv aired a short documentary recently about Vermont Law School alumnus Wynona Ward '98 and the nonprofit legal group she founded, Have Justice--Will Travel, which advocates for battered, low-income women and children in Vermont.

Ward, 60, who grew up in poverty in rural Vermont where family violence was common, was working as a long-haul trucker when she decided to take her life in a different direction in 1996. She enrolled at VLS, was awarded a Schweitzer Fellowship and went on to found Have Justice--Will Travel after graduating in 1998.

Since then, the organization has provided free legal and social support to more than 10,000 women and children. Ward and her small staff visit victims of domestic violence in their homes, bridging the cultural, geographic and financial gaps that can separate victims and attorneys.

Watch the documentary, which includes VLS's South Royalton Legal Clinic and Staff Attorney and Assistant Professor Alex Banks.

Legal Panel to Explore Skiing, Snowboarding and Resort Law

Vermont Law School — 26 Mar 2012 16:00:00 EST

SOUTH ROYALTON, Vt. -- Vermont Law School's Sports Law Institute will host a panel discussion on emerging legal issues in skiing, snowboarding and resort law in Vermont and nationwide at 12:45 p.m., Thursday, March 29 in the Chase Community Center. The event is free and open to the public.

Topics will include tort implications of participating in ski and snowboarding; the role of assumption of risk in personal injury litigation involving ski and snowboarding; new state laws that promote safety, such as requiring skiers and snowboarders under 18 to wear helmets; the structuring of licensing and related ski and snowboarding contracts; the impact of international law on multi-national ski, snowboarding and resort transactions; the impact of controversial new regulations promulgated by the International Ski Federation; the ways the law can improve underprivileged persons' access to ski and snowboarding; and how changes to the law might address the expected impact of climate change on the ski, snowboarding and resort industries.

Professor Michael McCann, director of the Sports Law Institute and one of the nation's leading sports law experts, will introduce the panel's speakers: VLS Associate Professor Brian Porto; Jaimesen Heins, associate general counsel at Burton Snowboards in Burlington; Andrew Maass, a Rutland attorney and the past president of the Association of Ski Defense Attorneys; and Parker Riehle, the president of the Vermont Ski Areas Association.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802-831-1106, cell: 540-798-7099, home: 802-649-2235, jcramer@vermontlaw.edu

Week of March 19

Vermont Law School — 26 Mar 2012 16:00:00 EST

The Tampa Bay Times spoke with Mark Cooper on March 25 about the costs of nuclear power. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.
The Memphis Commercial Appeal talked to Professor Michael McCann on March 25 about legal hurdles to moving the Memphis Grizzlies out of town.
CNN spoke with Alex Manning '06 on March 24 about the death of Trayvon Martin, a Florida teen-ager shot by a neighborhood watch volunteer.
CBS Sports and Sports Illustrated spoke with Professor Michael McCann on March 23 about a tweeting controversy over the Saints bounty scandal.
Greenwire and the El Paso Times talked to Professor Pat Parenteau on March 23 and March 19, respectively, about whether the dunes sagebrush lizard will be protected under the Endangered Species Act against the wishes of the oil and gas industry.
A Vermont Public Radio commentary on March 23 included Professor Peter Teachout, who had a role in making Vermont's constitution gender inclusive.
FOX Business spoke with Professor Michael McCann on March 22 about the law and business implications of the trade of quarterback Tim Tebow to the New York Jets.
Vermont Public Radio talked to Professor Pat Parenteau and WCAX to Professor Cheryl Hanna on March 21-22 about the continuing legal and regulatory proceedings over the Vermont Yankee nuclear plant.
Vermont Public Radio aired a commentary by Professor Cheryl Hanna on March 21 about how changes in the law have shaped women's lives.
The Los Angeles Times talked to Professor Pat Parenteau on March 21 about a U.S. Supreme Court ruling that landowners are entitled to a hearing to challenge the government's threats to fine them for alleged Clean Water Act violations.
Seven Days spoke with professors Cheryl Hanna and Pat Parenteau on March 21 about the race for Vermont attorney general.
Yahoo! Sports Radio and the NFL Network talked to Professor Michael McCann on March 20-23 about the New Orleans Saints bounty scandal.
In his Sports Illustrated column and The New York Times, The Wall Street Journal, Reuters and other media on March 19-20, Professor Michael McCann discussed the settlement between the owners of the New York Mets and the trustee for victims of convicted felon Bernard Madoff.
The Associated Press spoke with Professor Pat Parenteau on March 19 about orders from a federal judge and the Vermont Public Service Board that allow the Vermont Yankee nuclear plant to keep operating.
BYUtv aired a short film on March 19 about Wynona Ward '98, founder of the nonprofit group Have Justice Will Travel, which advocates for battered women and children in rural Vermont.

Week of March 12

Vermont Law School — 19 Mar 2012 16:00:00 EST

The Milwaukee Journal Sentinel talked to Professor Pat Parenteau on March 17 about the clean up of toxic chemicals in the Fox River in Wisconsin.
NPR and Reuters spoke with Professor Michael McCann on March 16 about the upcoming trial of the owners of the New York Mets who are accused of ignoring warnings that Bernard Madoff was running a fraud.
PolicyMic had a commentary March 16 byJoseph Kaifala '13 about International Criminal Court conviction of the Congolese warlord Thomas Lubanga on charges of enlisting children in the civil war in the Democratic Republic of the Congo.
WCAX talked to Associate Professor Jennifer Taub on March 15 about the legal battle between the city of Burlington and Citibank over Burlington Telecom.
Vermont Public Radio spoke with Associate Professor Brian Porto on March 15 about his new book "The Supreme Court and the NCAA: The Case for Less Commercialism and More Due Process in College Sports."
The New York Times mentioned Professor Gus Speth in a March 14 story about the new head of the World Resources Institute, which Speth founded.
The Florida Current talked to Professor John Echeverria on March 14 about sea-level rise prompting legal disputes about property rights and land-use regulations along the coast.
Politico spoke with Professor Janet Milne on March 14 about oil industry subsidies or incentives that are in the limelight as gasoline prices rise.
WCAX talked to Professor Cheryl Hanna on March 13 about a new federal law that allows the Secret Service to decide whether people can protest near federal government events.
WCAX and other media reported March 13 on VLS being named the top environmental law school in the nation for the fourth consecutive year by U.S. News & World Report.
The National Law Journal, E&ENews, Associated Press, Burlington Free Press, Valley News and other media reported March 12-13 on the appointment of Professor Marc Mihaly as the new president and dean of VLS.

Week of March 5

Vermont Law School — 16 Mar 2012 16:00:00 EST

CNN and E&EDaily spoke with Adjunct Professor Peter Bradford on March 8-10 about nuclear safety issues in the United States a year after the Fukushima nuclear disaster in Japan.
NPR's "Only A Game" talked to Professor Michael McCann on March 10 about the legal implications of the NFL's bounty scandal in which players were paid to injure other players.
Greenwire spoke with Professor Pat Parenteau on March 9 about the controversy over form letters often used during environmental reviews conducted under the National Environmental Policy Act.
The Tampa Bay Times cited research by Mark Cooper in a March 9 story about Progress Energy's plan to build a nuclear power complex in Florida. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.
Nature carried an article by Adjunct Professor Peter Bradford on March 8 in which he said economics will be the deciding force in many nation's decisions to phase out nuclear power after the accident at Fukushima.
The Burlington Free Press reported March 8 on Vermont Supreme Court Chief Justice Paul Reiber being selected as the school's commencement speaker in May.
The Associated Press, whose story was carried by Yahoo! News, CNBC and other media nationwide, talked to Professor Pat Parenteau on March 7-8 about the latest legal wrangling as next week's deadline for the Vermont Yankee nuclear plant approaches.
MSNBC talked to Mark Cooper on March 6 about cost and safety obstacles facing the U.S. nuclear industry a year after the Fukushima nuclear disaster in Japan. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.
The Mail on Sunday (London) and Reuters, whose story was picked up worldwide, spoke with Professor Michael McCann on March 5 about a federal judge's refusal to dismiss a $386 million lawsuit against the owners of the New York Mets by the trustee seeking money for victims of Bernard Madoff's fraud.
Reuters , The Wall Street Journal , NPR and 95.7 The Game (San Francisco) included Professor Michael McCann in March 5 stories about the NFL's "pay-for-pain" bounty scandal.

Vermont Yankee: Vermont Law School Experts Available to Comment on Deadline for Disputed Nuclear Plant

Vermont Law School — 15 Mar 2012 16:00:00 EST

SOUTH ROYALTON, Vt. -- Vermont Law School has experts available to comment on legal issues as next week's deadline for the Vermont Yankee nuclear plant approaches.

The U.S. Nuclear Regulatory Commission last year approved a 20-year extension of Vermont Yankee's federal license, which was to expire Wednesday, March 21, but the state's lone reactor still hasn't received a permit from Vermont Public Service Board. Critics lost a federal lawsuit but have vowed to continue efforts to shut down the plant, although the board isn't expected to issue its decision for several months, and Vermont Yankee is expected to continue operating in the interim.

Available to comment are:
• Professor Pat Parenteau: 802.831.1305, pparenteau@vermontlaw.edu
• Professor Cheryl Hanna: 802.831.1282, channa@vermontlaw.edu
• Assistant Professor Don Kreis: 802.831.1374, dkreis@vermontlaw.edu
• Professor Michael Dworkin, 802.831.1319, mdworkin@vermontlaw.edu
The VLS experts are analyzing the case on the school's Vermont Yankee lawsuit faculty commentary blog.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Vermont Law Review Symposium to Explore Prison Privatization

Vermont Law School — 15 Mar 2012 16:00:00 EST

SOUTH ROYALTON, Vt. -- The Vermont Law Review will host a symposium on prison privatization from 8:30 a.m. to 5:30 p.m. on Friday, March 23, at the Chase Community Center. The event is free and open to the public.

Most U.S. prisons are operated by the federal, state and local governments, but since the 1980s a growing number of correctional facilities are being run by private companies contracted by governmental agencies in an effort to reduce costs.

Seven percent of the nation's 1.5 million prisoners-the largest inmate population in the world-are held in dozens of privately run prisons across the country, according to the Bureau of Justice Statistics.

The symposium, titled "Prison Privatization: Optimizing Our Use of a Privatized Resource," will explore costs, quality, security, management and other issues involved in privately operated prisons.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Vermont Law School Ranked First in Environmental Law for Fourth Consecutive Year

Vermont Law School — 13 Mar 2012 16:00:00 EST

SOUTH ROYALTON, Vt. -- U.S.News & World Report has ranked Vermont Law School's environmental law program as the best in the nation for an unprecedented fourth consecutive year. The 2013 Best Grad Schools rankings were released today.

VLS also placed among the nation's top programs for dispute resolution (rank 16th) and clinical training (rank 23rd).

"The entire VLS community is proud of this continued recognition of our environmental curriculum, clinics and institutes," said Professor John Echeverria, acting director of VLS's Environmental Law Center (ELC), which offers the largest selection of environmental law courses in the nation. "The dedication of our faculty, students, staff and alumni has made them global leaders in teaching, scholarship and professional achievement, and VLS's innovative programs continue to break new ground in legal education."

VLS has placed first 15 times and never placed lower than second since the U.S. News environmental specialty rankings began in 1991. VLS's top ranking this year marks the first time that a school has been ranked number one in the environmental specialty for four consecutive years. To develop its specialty rankings, U.S. News asked legal educators to identify the top programs.

"Vermont Law School is simply the strongest and best place for those considering environmental law as a career," said Dean Jeff Shields. "We have the largest and deepest environmental and energy law programs in the world."

VLS's Dispute Resolution Program, which wasn't ranked last year by U.S. News, has been a leader for more than 30 years in teaching the negotiation, mediation and arbitration skills that empower lawyers to create valuable solutions outside the courtroom for their clients.

VLS's Clinics and Experiential Programs, whose U.S. News ranking improved from 30th last year to 23rd this year, put theory into practice in a variety of ways - from on campus clinical work to externships in law firms, corporations, nonprofits, courts and government offices, at home and abroad.

"Our success as a place to learn law and policy is enhanced by our unique structure of clinics, institutes, centers and off-campus experiential programs," Shields said. "Our joint programs with Yale, Cambridge, Dartmouth, Renmin, Thunderbird and Cergy-Pontoise allow our students to use the world's greatest universities to supplement what they find on our campus. And our incredible alumni network at the World Bank, the United Nations, on Capitol Hill and at leading law firms and NGOs opens opportunities for our students and graduates that are compelling."

The ELC's multidisciplinary program in law, policy, economics, science and ethics attracts law and graduate students, lawyers, government officials, teachers, scientists, journalists and citizen activists. Since 1978, the ELC has trained environmental leaders in government, nonprofits, corporations and private practice in the United States and abroad. The ELC administers the Master of Environmental Law and Policy (MELP) degree program for lawyers and non-lawyers and the Master of Laws (LLM) in Environmental Law, a post-Juris Doctor degree for experienced attorneys who seek to specialize.

Vermont Law School offers clinical, research and experiential environmental programs through the Environmental and Natural Resources Law Clinic, the Land Use Clinic, the Institute for Energy and the Environment, the Land Use Institute, the Environmental Tax Policy Institute, the U.S.-China Partnership for Environmental Law and the Environmental Semester in Washington. The ELC's Summer Session offers a broad curriculum, a Visiting Distinguished Environmental Scholars program and a lecture series that features summer faculty members, distinguished summer scholars and summer media fellows speaking about current issues in their fields.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Nation’s Top-Ranked Environmental Law School Selects Environmental Leader as New President and Dean

Vermont Law School — 12 Mar 2012 16:00:00 EST

President and Dean, Marc Mihaly

SOUTH ROYALTON, Vt. -- The Vermont Law School Board of Trustees announced today the appointment of Marc Mihaly as VLS's eighth president and dean, effective August 1.

Mihaly, one of the nation's leading environmental lawyers, will succeed Jeff Shields, who will retire July 31 after eight years as president and dean of the nation's premier environmental law school. Mihaly currently serves as associate dean for VLS's Environmental Programs, director of the Environmental Law Center and professor of law.

Board Chairman Ed Mattes said Mihaly was chosen, after a thorough national search, because of his leadership skills, strategic vision and scholarly accomplishments.

"Marc is an inspiring leader who grasps the shifting legal landscape," Mattes said. "He comes with tremendous institutional knowledge, enabling VLS to react swiftly and strategically. As a proven entrepreneur, fundraiser and communicator, he will be well positioned to take advantage of new opportunities."

The school's offerings include dynamic JD and LLM degrees, a renowned masters program in Environmental Law and Policy, as well as international dual-degree programs. It also offers a wide range of experience-based and interdisciplinary learning and is a leader in the field of distance learning. VLS has a strong commitment to community, environmental stewardship and public service.

Mihaly said he is honored to be named as new president and dean of VLS. "I am looking forward to continued involvement in Vermont Law School and its mission to train lawyers and others to serve their clients and the public with high levels of professional knowledge and skill, moral integrity and humane vision," he said. "We also will continue efforts to deliver a program that is affordable to students and prepares them for employment and long careers."

Mihaly, who joined VLS in 2004, received his BA degree from Harvard College and his JD degree from Boalt Hall School of Law, University of California, Berkeley. After service in the U.S. Peace Corps in Central America, he served with the environmental unit of the California Attorney General's Office and with the San Mateo County Legal Aid Society. In 1980, he co-founded Shute, Mihaly and Weinberger in San Francisco, one of the nation's leading public interest environmental law firms, and served as its managing partner for 17 years.

Mattes is available to comment at 914.661.2096. Mihaly is available to comment at 202.957.8432.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802-831-1106, cell: 540-798-7099, home: 802-649-2235, jcramer@vermontlaw.edu

Brown '12 Elected Head of National Black Law Students Association

Vermont Law School — 12 Mar 2012 16:00:00 EST

Vermont Law School student Kendra Brown '12 was recently elected national chair of the National Black Law Students Association.

Brown and the other nationally elected officers were sworn in by Judge Ann Claire Williams of the U.S. Court of Appeals for the Seventh Circuit. The election results were announced March 10 at the conclusion of the NBLSA's 44th annual convention in Washington, D.C.

Brown, who for the past year served as chair of the NBLSA's Northeast Region, began her remarks by thanking God for sustaining her in her pursuits. She also thanked her parents, including her mother, who was in the audience.

Brown told NBLSA members and the organization's supporters that more work needs to be done in a number of areas, especially in strengthening the programming and opportunities available to BLSA and in pursuing advocacy at the national level during a presidential election year.

The NBLSA's national conventions bring together attorneys, policy makers, lawmakers and others for a discussion about the state of the legal profession for minorities. The NBLSA, whose board of directors is composed of elected students from law schools, is the nation's largest student-run organization representing nearly 6,000 minority law students from more than 200 chapters and affiliates throughout the United States and six other countries.

Brown has received numerous honors while at VLS, including a Vermont Law School Merit Scholarship, the NBLSA Sandy Brown Memorial Scholarship and the VLS David Firestone Scholarship for Campus Involvement.

Vermont Supreme Court to Hear Oral Arguments at Vermont Law School

Vermont Law School — 07 Mar 2012 17:00:00 EST

SOUTH ROYALTON, Vt. -- The Vermont Supreme Court will oral arguments in six cases starting at 9:30 a.m. on Wednesday, March 28, in Oakes Hall in the high court's annual session at Vermont Law School.

The court will consider the following cases:

• In re Joint Petition of Green Mountain Power Corp. et al., 2011-277 & 2011-366/367, 9:30 a.m. - 10:20 a.m.: These consolidated cases concern Green Mountain Power Corp.'s development of a wind turbine project in Lowell, known as the Kingdom Community Wind Project. The Public Service Board (PSB) issued a certificate of public good (CPG) in May 2011, approving the project subject to certain conditions. The nearby towns of Craftsbury and Albany, along with a citizens group called Lowell Mountains Group, Inc., appeal the issuance of the CPG and related orders. The appellants allege that the PSB erred in numerous findings and rulings, including issues surrounding noise standards, habitat fragmentation and associated easements, economic considerations and the loss of natural communities. The appellants also argue that their due process rights were violated because the PSB did not hold a public hearing before issuing two orders (concerning habitat mitigation and the economic viability of the project) after it already issued the CPG. The Vermont Agency of Natural Resources appears as an appellee only with respect to the question of whether the project will have an undue adverse effect on the natural environment.

• State v. Vuley, 20 11-087, 10:30 a.m. - 11 a.m.: The defendant appeals his convictions for two counts of first-degree arson arising from repeated fires at his home in Colchester. The defendant claims that the trial court erred by instructing the jury that it could use the so-called "doctrine of chances," which holds that certain uncommon events are unlikely to occur repeatedly by accident, to find that he "willfully and maliciously" set the fires. He argues that this instruction violated his constitutional right to due process by allowing the jury to find that he possessed this state of mind in setting the fires based solely on the number of fires. He also argues that the trial court erred in denying his motions to sever the trials for each offense and to dismiss the charges, and that there is insufficient evidence to support his convictions.

• State v. Paro, 2011-184/185, 11 a.m. - 11:30 a.m.: The defendant, who has entered a conditional guilty plea to DUI, appeals the trial court's denial of her motion to suppress evidence obtained after a traffic stop. A Hartford police officer observed the defendant idling her Chevrolet pick-up truck in the parking lot of Northeast Foreign Cars in the middle of the night. Having been burglarized before, the business was on the Hartford Police Department's "directive patrol list." Mindful of these past crimes and thinking it strange that an American-made truck was idling at a foreign car repair shop at such an hour, the officer decided to investigate further. As the officer turned his cruiser around, defendant drove off. Based on these facts, the officer executed a traffic stop, after which the defendant was arrested for DUI. The defendant claims that the traffic stop was unconstitutional under the Fourth Amendment to the U.S. Constitution and Article 11 of the Vermont Constitution. She argues that the officer did not have "reasonable and articulable suspicion of criminal activity" before making the stop, as required by both constitutions. As a result, she argues that the evidence obtained after the stop should be suppressed.

• State v. M.W., 2011-229, 1:30 p.m. - 2 p.m.: Does a statute restricting competency evaluations of defendants violate the separation of powers doctrine by divesting trial judges of the power to order a competency evaluation at the Vermont State Hospital? The statute at issue, 13 V.S.A. § 4815(g)(1), provides that a court "shall not order" an inpatient examination unless a mental health professional determines that the person is in need of treatment. The defendant was arraigned and the judge ordered an outpatient competency evaluation, which determined that he may be suffering from a mental illness. While free on conditions of release, the defendant was arrested for illegal trespass. The court then ordered a mental health screening, which determined that he suffered from a medical condition, not a mental illness. Thus, because defendant was not a person "in need of treatment," the court did not send him to the state mental hospital, but set conditions of release and bail. The State's Attorney argues that the statute usurps the trial judge's authority. The Attorney General has intervened and argues that the interlocutory appeal should be dismissed as moot or as improvidently granted, and that the statutory restriction does not violate the separation of powers doctrine.

• Shattuck v. Peck, 2011-145, 2 p.m. - 2:30 p.m.: This case involves an attempt to use the equitable powers of the court to divide property after a long-term romantic relationship. Appellant Victor Shattuck and appellee Donna Mae Peck were involved in a romantic relationship for more than 12 years. The parties were never married, but they lived together, shared expenses and coordinated estate planning. In the 1990s, they shared a residence on her property in Springfield. By 1999, Shattuck had purchased land in Cavendish. They agreed to transfer their respective properties to each other as joint tenants, each with a survivorship right. In 2005, the couple moved to a newly constructed home on the Cavendish property and began renting out the property in Springfield. They later became concerned that the rental income would adversely affect government benefits she was receiving on account of a disability. Accordingly, she quitclaimed both the Springfield and Cavendish property to Shattuck and he arranged financing to pay off the Springfield mortgage and refinance outstanding debt on the Cavendish property. Although the couple lived together as a family in Cavendish, the record indicates that Peck paid "rent." In 2007, both parties executed wills naming each other as residuary beneficiaries. In 2010, they broke off their relationship and Shattuck moved out of their shared residence in Cavendish. He later filed a complaint seeking her eviction from the property, a writ of possession and past due rents. She counterclaimed that the Cavendish property, as well as another property in Springfield, were the subject of a partnership between the parties. The Civil Division found Peck had failed to present sufficient evidence that either a partnership or constructive trust was created, and it resolved all issues in favor of Shattuck. Peck appeals.

• Columbia v. Lawton, 2011-151, 2:30 p.m. - 3 p.m.: This case presents a constitutional question. In short: What rights does a man have who claims to be the biological father of a child when another man has already been legally declared the child's father pursuant to Vermont's parentage statute? A putative biological father brought an action to establish parentage over a 2-year-old child. However, a previous parentage order had already determined that a different man is the child's father. The section of the parentage statute on "standing" reads: "An action to establish parentage in cases where parentage has not been previously determined either by an action under this subchapter or by adoption, may be brought by a . . . person . . . alleging himself . . . to be the natural parent of a child." 15 V.S.A. § 302(a) (emphasis added). It was this section of the parentage statute that the trial court ruled precluded the present putative biological father from seeking to establish parentage (because parentage had already been established as to someone else). Both the mother and the putative biological father were pro se during the first round of arguments in this matter. The putative father argued that he received no notice of the earlier parentage action, and therefore had no opportunity to attempt to assert his rights to parentage. Recognizing the constitutional concerns that the case raised, the Court sought additional briefing from Court-appointed counsel.

Vermont Court Rules apply for media coverage.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235,jcramer@vermontlaw.edu

Vermont’s Top Judge to Give VLS Commencement Speech

Vermont Law School — 07 Mar 2012 17:00:00 EST

SOUTH ROYALTON, Vt. -- Vermont Supreme Court Chief Justice Paul Reiber will deliver the keynote speech on May 19 at Vermont Law School's 37th annual commencement.

The public is invited to attend the 10 a.m. event on the South Royalton town green.

Reiber, who graduated Suffolk Law School in 1974, served in private practice in Rutland and as a partner in the law firm Kenlan, Schweibert & Facey from 1986 until his appointment as an Associate Justice of the Vermont Supreme Court in 2003. He was sworn in as Chief Justice in 2004.

Honorary degrees will be given to Reiber; Mark Tercek, president of the Nature Conservancy; and Edwin Colodny, a former VLS trustee, former president and CEO of US Airways, former interim president of the University of Vermont and former interim CEO of Fletcher Allen Health Care.

More information is available at our Commencement pages.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Week of Feb. 27

Vermont Law School — 05 Mar 2012 17:00:00 EST

Orion Magazine had an article in its March/April issue by Professor Gus Speth titled "America the Possible: A Manifesto, From decline to rebirth." It was the first of a two-part series based on his forthcoming book "America the Possible: Roadmap to a New Economy," which Yale University Press will publish in September. Wisconsin Public Radio also talked to Speth about his research.
The Boston Globe on March 4 reviewed Associate Professor Brian Porto's new book titled ""The Supreme Court and the NCAA: The Case for Less Commercialism and More Due Process in College Sports."
In his Sports Illustrated column March 3, which was mentioned twice by The New York Times (here and here), Professor Michael McCann analyzed the potential legal fall out from the New Orleans Saints' bounty system. He also spoke to Atlanta 790 The Zone and SiriusXM NFL Network.
ESPN TrueHoop spoke with Professor Michael McCann on March 3 about "building the modern athlete," including genetic testing, performance-enhancing drugs, sleep, and brain-training programs.
The New York Daily News talked to Professor Michael McCann on March 2 about legal accusations that a major video game company is exploiting college and professional athletes.
ESPN NBA Today interviewed Professor Michael McCann on March 2 about the legality and race implications of the NBA's age limit.
CCTV Center for Media & Democracy's Channel 17/Town Meeting Television spoke with Professor Pat Parenteau on Feb. 29 about the legal dispute over the Vermont Yankee nuclear plant.
Yahoo! Sports talked to Professor Michael McCann about lawsuits filed by former NFL players that accuse the league of failing to protect them from brain trauma.
ClimateWire spoke with Professor Pat Parenteau for a Feb. 28 story about TransCanada's plans to build a southern segment of the contentious Keystone XL pipeline.
The Associated Press, whose story was carried by CNBC, Yahoo! Finance and other media, Vermont Public Radio and WAMC Northeast Public Radio spoke with Professor Pat Parenteau on Feb. 27-29 about Entergy's appeal of a federal court decision in the Vermont Yankee nuclear plant legal fight.

Dapolito '12 Explores Yemen's Unrest

Vermont Law School — 02 Mar 2012 17:00:00 EST

Vermont Law School student Mollie Dapolito '12 recently published an article in the ILSA Quarterly that explored antigovernment protests and other issues facing Yemen.

The article, titled "After Winter in Yemen, Comes an Arab Spring," appears on pages 23-24.

Yemen has been in turmoil since January 2011 when demonstrators called for the resignation of President Ali Abdullah Saleh. His vice president, Abed Rabbo Mansour Hadi, was sworn in as president on Feb. 25 in an election in which he was the only candidate. Protesters remain on the streets, calling for reform of the impoverished nation's military and other institutions.

Published by the International Law Student Association, the ILSA Quarterly is an academic magazine that features articles written by students, scholars and practitioners concerning timely issues of international law and related topics.

The Economist, Other Media Cite Nuclear Studies by Energy Researcher Cooper

Vermont Law School — 01 Mar 2012 17:00:00 EST

In a recent article on the nuclear power industry in the United States, The Economist cited a study by Mark Cooper that examined the financing of nuclear plants.

Cooper, who is senior research fellow for economic analysis at Vermont Law School's Institute for Energy and the Environment, found that in constant dollars the cost of nuclear power roughly quintupled between the 1970s and the early 1990s. He also found that initial cost projections tended dramatically to underestimate actual costs, as the Vogtle experience would seem to bear out.

The Nuclear Regulatory Commission recently approved its first-ever combined construction and operation licences to the Atlanta-based Southern Company to build two new reactors at Plant Vogtle in Georgia. It was the first approval of the construction of a new nuclear reactor in the United States since the Three Mile Island accident in 1979.

Also, the Des Moines Register, Seattle Times and other media recently talked to Cooper about his report titled "Nuclear Socialism Comes to the Heartland of America: Early Cost Recovery for New Nuclear Reactors in Iowa and The Return of Electricity Rate Shock."

Prof. Sovacool to Help Author IPCC Climate Change Report

Vermont Law School — 01 Mar 2012 17:00:00 EST

Vermont Law School Associate Professor Benjamin Sovacool has been invited by the Intergovernmental Panel on Climate Change (IPCC) to be a contributing author to its Working Group II, which deals with climate change adaptation, of the forthcoming Fifth Assessment chapter on "Rural Poverty and Livelihoods."

Sovacool is among thousands of scientists from all over the world who contribute to the work of the IPCC on a voluntary basis as authors, contributors and reviewers.

The IPCC is currently organized into three Working Groups and a Task Force. The Working Group II assesses the vulnerability of socio-economic and natural systems to climate change, negative and positive consequences of climate change and options for adapting to it. It also considers the inter-relationship between vulnerability, adaptation and sustainable development.

The assessed information is considered by sectors (water resources, ecosystems, food and forests, coastal systems, industry, human health) and regions (Africa, Asia, Australia and New Zealand, Europe, Latin America, North America, Polar Regions, Small Islands).

The IPCC is the leading international body for the assessment of climate change. It was established by the United Nations Environment Programme (UNEP) and the World Meteorological Organization (WMO) to provide the world with a clear scientific view on the current state of knowledge in climate change, its potential environmental and socio-economic impacts and options for mitigation and adaptation. The IPCC has completed four full assessment reports, guidelines and methodologies, special reports and technical papers.

The IPCC reviews and assesses the most recent scientific, technical and socio-economic information produced worldwide relevant to the understanding of climate change. It does not conduct any research nor does it monitor climate related data or parameters.

Weeks of Feb. 13-Feb. 20

Vermont Law School — 29 Feb 2012 17:00:00 EST

The Motley Fool talked to Mark Cooper on Feb. 24 about financing of nuclear power plants. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.

95.7 The Game (San Francisco) talked to Professor Michael McCann on Feb. 24 about National League MVP Ryan Braun winning his appeal of a positive steroid test result.

The New York Times spoke with Professor Michael McCann on Feb. 22 about the sports eligibility of college students who transfer to another school, including those who have received an undergraduate degree.

FierceEnergy spoke with Professor Michael Dworkin on Feb. 22 about cost allocation, resource planning and other issues facing the smart grid.

The Boston Herald talked to Professor Michael McCann on Feb. 21 about sexual assault allegations against two Boston University hockey players.

Vermont Public Radio, the Burlington Free Press, WPTZ (twice) and other media spoke with professors Pat Parenteau and Cheryl Hanna on Feb. 20-21 about Vermont's appeal of a federal court ruling that limits the state's authority over the Vermont Yankee nuclear power plant. WPTZ also spoke with Adjunct Professor Peter Bradford.

Vermont Public Radio, SNL Financial and other media talked to Kevin Jones, smart grid project leader, on Feb. 20-24 about the Institute for Energy and the Environment's research into the roll-out of smart grid technology by Central Vermont Public Service and six other utilities across the country.

The Economist cited Mark Cooper's research in a Feb. 18 story about the nuclear power industry and the costs of financing new nuclear plants. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.

The Orlando Sentinel spoke with Professor Michael McCann on Feb. 18 about whether the University of Central Florida may get a major discount on the tax it was supposed to pay for moving from Conference USA to the Big East.

NPR's "Only A Game" spoke with Associate Professor Brian Porto on Feb. 18 about his new book "The Supreme Court and the NCAA: The Case for Less Commercialism and More Due Process in College Sports."

Vermont Public Radio talked to Professor Cheryl Hanna on Feb. 17 about the Vermont Legislature's debate over whether to repeal a law that allows parents to skip vaccinating their children.

MassLive and other media spoke with Assistant Professor Laura Murphy, staff attorney with Environmental and Natural Resources Law Clinic, on Feb. 17 about the impact of hot water discharges into the Connecticut River from the Vermont Yankee nuclear plant.

Asian Correspondent profiled Vermont Law School in a Feb. 16 story about leading environment programs for Asian students.

WCAX talked to Kat O'Neill '11 on Feb. 16 about the latest edition of the Legal Rights of Women in Vermont handbook.

The Burlington Free Press spoke with Professor Cheryl Hanna on Feb. 14 about a federal court hearing in Vermont that was held behind closed doors.

The Des Moines Register, Seattle Times and other media talked to Mark Cooper on Feb. 14 about his report titled "Nuclear Socialism Comes to the Heartland of America: Early Cost Recovery for New Nuclear Reactors in Iowa and The Return of Electricity Rate Shock." Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.

WNST Baltimore talked to Professor Michael McCann on Feb. 14 and Feb. 22 about the murder trial of a former University of Virginia lacrosse player accused of killing his ex-girlfriend.

The Chronicle of Higher Education talked to Associate Professor Brian Porto on Feb. 13 about whether the NCAA treats athletes fairly in its eligibility and enforcement actions.

Human Rights Case in Supreme Court: Vermont Law School Expert Available to Comment

Vermont Law School — 28 Feb 2012 17:00:00 EST

SOUTH ROYALTON, Vt. -- Vermont Law School Professor Stephanie Farrior, an international human rights expert and former legal director of Amnesty International, is available to comment on today's U.S. Supreme Court case involving Royal Dutch Shell Oil, which is accused of aiding and abetting the Nigerian government in committing atrocities in the 1990s.

Farrior can be reached at 802.831.1373 and sfarrior@vermontlaw.edu.

"This is one of the most important human rights cases before the Supreme Court in years," said Farrior, who oversaw Amnesty International's legal work during the Pinochet extradition hearings and helped to found the Center for Justice and Accountability, which helps survivors of torture and other severe human rights abuses hold their persecutors accountable.

At issue in Kiobel v. Royal Dutch Petroleum is whether foreign nationals in the United States can sue corporations or other entities in U.S. courts under the Alien Tort Statute for alleged violations of human rights committed abroad. The case has potential ramifications for American and international law and for corporate responsibility for human rights around the globe.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

VLS Students Advance in National Animal Law Moot Court Competition

Vermont Law School — 27 Feb 2012 17:00:00 EST

Four Vermont Law School students turned in stellar performances at the 9th annual National Animal Law Competitions (NALC), which were held Feb. 24-26 at the UCLA School of Law.

Monica Miller '12 and Meredith Crafton '12 advanced to the quarter finals of the moot court competition against Yale, the University of Chicago and Lewis & Clark.

Krystil Smith '13 and Michelle Sinnott '13 won the Best Brief Award for receiving the highest appellate brief score overall.

The VLS team was coached by Assistant Professor Pamela Vesilind.

More than 70 law students represented nearly 30 of America's best law schools at NALC this year. NALC is an inter-law school competition presented by the Center for Animal Law Studies at Lewis & Clark in collaboration with the Animal Legal Defense Fund.

NALC, which was hosted by Harvard Law School for the past eight years, provides law students from across the United States with an opportunity to develop knowledge in the field of animal law, while honing their written and oral advocacy skills. The event is composed of three separate competitions: Legislative Drafting & Lobbying Competition; Closing Argument Competition; and Appellate Moot Court Competition.

Marks Wins Award in National Environmental Law Moot Court Competition

Vermont Law School — 27 Feb 2012 17:00:00 EST

Vermont Law School students Matt Marks '12, Alex Sherertz '12 and Colin Hagan '12 performed well at the National Environmental Law Moot Court Competition on Feb. 23-25 at Pace Law School.

Marks won Best Oralist in each of the three preliminary rounds, barely edging out his VLS teammates. The VLS team, which was coached by Professor Pat Parenteau, advanced to the quarterfinals.

"Matt, Alex and Colin were a class act that drew high praise from judges and competitors alike," Parenteau said. "It was an honor to work with them and VLS could not have had better representation in this high profile competition."

Since 1989, student advocates from across the United States and Canada have participated in the National Environmental Law Moot Court Competition, the preeminent environmental law moot in the United States. The competition tests skills in appellate brief writing and oral advocacy on issues drawn from real cases, providing experience in environmental litigation first hand. The competition draws more than 200 competitors from diverse law schools and 200 attorneys who serve as judges for three days of oral arguments.

Smart Grid Collaboration, Outreach Key to Reenergizing U.S., Vermont Law School Study Suggests

Vermont Law School — 20 Feb 2012 17:00:00 EST

SOUTH ROYALTON, VT -- Collaboration, clear policies and consumer outreach are fueling the successful implementation of Central Vermont Public Services' smart grid plan, according to results of the first case study in Vermont Law School's national smart grid research project.

CVPS, Vermont's largest investor owned utility, this month begins a year-long process of installing smart meters for its customers. According to VLS's case study results:

• Collaboration is arguably the most important lesson that the CVPS study provides. It has made developing and implementing CVPS SmartPower and other utilities' smart grid investments more efficient, cost-effective and technically sound.
• Since 2007, Vermont's Legislature and Public Service Board have been looking to develop smart grid infrastructure and dynamic rate options, which balances flexibility for investments in a rapidly developing field of technology with measures to ensure those investments are prudent.
• CVPS's efforts at consumer outreach and consumer behavior research are laying the groundwork for a smooth transition in its smart grid implementation.

"These results provide interesting lessons for the rest of the country," said Kevin Jones, smart grid project leader for VLS's Institute for Energy and the Environment (IEE). "As this case study demonstrates, smart grid implementation is off to a productive start. Ongoing policy refinements, project development and infrastructure investment will be needed in order to achieve the smart grid's full, long-term potential."

Jones said one area where more work needs to be done is formalizing a customer data privacy policy. The Vermont PSB is reviewing the establishment of privacy principles, which would include a clear utility smart grid privacy policy that would be available to customers. In November, the IEE released a draft model utility smart grid privacy policy.

In 2011, the IEE launched its smart grid research project, which involves case studies of seven utilities in order to recommend best practices that can be replicated nationwide: Commonwealth Edison, Central Vermont Public Service Company, Long Island Power Authority, Pecan Street Project, Sacramento Municipal Utility District, Salt River Project and San Diego Gas and Electric. VLS's final report is due later this year.

The research is designed to help understand which laws and policies will best ensure that a smart grid improves electric reliability, enhances customer value and helps meet the nation's clean energy goals. The Electric Power Research Institute estimates that fully implementing a smart electric grid nationwide will cost $1.3 trillion to $2 trillion, with benefits likely exceeding costs by a factor of three or more.

VLS researchers are studying the legal, policy and regulatory hurdles to upgrading the U.S. electric system with smart grid technology. The U.S. Department of Energy has awarded $3.4 billion in stimulus funds to utilities and other entities nationwide, making the smart grid a key part of the U.S. clean energy agenda.

"While the anticipated benefits of a smart electric grid range from improved reliability to the potential for reduced costs, one of the lesser understood benefits is an improved environment," Jones added. "Studies have estimated that by 2030, a smart grid could reduce carbon emissions as well as energy use by approximately 12 percent."

Read the CVPS case study results. Read more about VLS's Smart Grid Research Project.

VLS is actively participating in the new Center for Energy Transformation and Innovation (CETI). CETI is a partnership between Sandia National Laboratories and a broad array of Vermont stakeholders. CETI supports the development and dissemination of smart grid best practices to move the nation toward a 21st century energy infrastructure.

Kevin Jones, the project's leader, is available to comment at 802.831.1054 or kbjones@vermontlaw.edu.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Garestier '12 Examines New Technologies of Security, Public Liberties

Vermont Law School — 19 Feb 2012 17:00:00 EST

Vermont Law School's Jessica Garestier '12 recently published a book titled "New Technologies of Security and Public Liberties: An Export Control?"

The book, which was published in France, was her thesis for her Master in Ethics and Business Law degree from the University of Cergy-Pontoise.

"While new information technologies have a safety and security purpose, such as closed caption television and cybermonitoring, the potential for infringement of the users' individual public liberties are significant," Garestier wrote. "Does the power of those technologies, created to meet security goals, justify a control of exportations of these new civil weapons?"

Vermont Law School offers three dual degree options with the University of Cergy-Pontoise, a prestigious law school ranked third in France by the French Ministry of Education and first in Paris and suburbs by l'Etudiant, the leading student magazine in France.

Hosseini '12 Receives Iran's Book Season Award

Vermont Law School — 19 Feb 2012 17:00:00 EST

Vermont Law School's Mohammad Hosseini '12 was cited as a joint winner in Iran's 17th Book of the Season Awards for the best translated books in law.

The awards, which are from Iran's Ministry of Culture and Iran's Book House, are among the most prestigious academic awards in Iran.

The book that he translated, which is titled "International Environmental Law," is published in English by the United Nations Environment Programme and in Persian by Mizan Publishing Center. The Iran Book News Agency mentions Hosseini under Praiseworthy works in Social Sciences.

Hosseini, a native of Iran, hopes to combine his knowledge of international and environmental law with his experience as a journalist to have a positive impact on the Middle East region. He is a member of the International Union for the Conservation of Nature's Commission on Environmental Law and serves as its Focal Point in the Middle East.

Hosseini also recently had a paper accepted from among more than 250 submitted papers for the Mid-Year Annual Meeting of American Society of International Law, Research Forum in UCLA in November.

Van der Lande '12, Foy '12 Win First Place in Lawyering Meet

Vermont Law School — 19 Feb 2012 17:00:00 EST

Vermont Law School's Ashley Van der Lande '12 and Phil Foy '12 won first place Feb. 17 in the third annual New England Regional Transactional Lawering Meet.

They represented a fictitious client negotiating an employment agreement. The victory resulted from two months of work, including term-sheet drafting, mark-ups and the rounds of face-to-face negotiations at the meet. Their style, "cordial, yet firm," was noted by the judges.

The event took place at Western New England College of Law in Springfield, Mass. Next month, Van der Lande and Foy move up to the national meet at Drexel University's Earle Mack School of Law in Philadelphia.

The Transactional Lawyering Meet is the premier "moot court" experience for students interested in transactional practice. During the meet, students work in teams to draft a transactional agreement and to negotiate its provisions with opposing student teams. Teams are judged by a panel of experts from practice who evaluate the teams' success in achieving the goals of the parties to the transaction. The types of agreement and transaction vary from year to year but present essential challenges in transactional problem solving. This year's challenge involves the negotiation of an executive employment agreement for a new chief executive officer. Teams need to combine lawyering skills, drafting, a knowledge of contract, corporate and other facets of business law and business sense to develop innovative solutions for structuring the transaction.

MacDonough '98 Named U.S. Senate's First Female Parliamentarian

Vermont Law School — 15 Feb 2012 17:00:00 EST

Elizabeth MacDonough '98 recently became the first woman selected as chief parliamentarian in the U.S. Senate since the post was created in 1935.

Politico reported (here and here) on MacDonough, who as parliamentarian interprets arcane Senate rules and precedents.

"Elizabeth knows everybody. She knows the secretaries, she knows the Capitol policemen, she knows the janitors and she's always there for them," Alan Frumin, her old boss and the outgoing parliamentarian, told Politico. "I'd like to think I'm as down-to-earth as Elizabeth," he added without flinching, "but I'm not."

"She's a smart, diligent woman. She's got a good brain and she's got integrity," Sen. Richard Shelby (R-Ala.), told Politico. "You put all that together, and you have the makings of a great parliamentarian."

MacDonough grew up in the nation's capital and stayed inside the district to earn her BA degree at George Washington University. When she was ready for law school, Vermont Law School's comparative quiet was "extremely attractive," she said. She could not have predicted then how her Vermont years would help pave the way back to Washington, where she now dispenses legal advice around the clock to the nation's leaders.

In 1999, MacDonough accepted a position as an assistant parliamentarian for the Senate, and in 2002 she was promoted to senior assistant parliamentarian.

Vermont Law School, Middlebury College Sign Agreements

Vermont Law School — 15 Feb 2012 17:00:00 EST

SOUTH ROYALTON, Vt. -- Vermont Law School and Middlebury College have signed an agreement that guarantees qualified Middlebury students and graduates admission to VLS.

Both institutions will benefit from the agreement - VLS administrators anticipate an increase in the number of strong applicants and Middlebury students will have a wider range of opportunities following graduation.

The agreement is one of several steps that VLS has taken in recent years to expand coordination with undergraduate institutions. Those efforts also include full scholarships for one or two students from Middlebury and five other schools. There is no limit as to the number of Middlebury students or alumni who may apply to VLS.

"The agreements are good recruiting tools for the undergraduate schools and they keep VLS on the radar of pre-law advisors and faculty and top students who may be interested in law school," said Kathy Hartman, VLS's associate dean for enrollment management.

"It's a natural fit given Middlebury's strong environmental studies program and student involvement in sustainability issues as well as VLS's ranking as the No. 1 environmental law school in the country," said Nan Jenks-Jay, Middlebury College dean of environmental affairs. "As students are thinking more in advance about attending graduate and professional schools, these collaborative institutional relationships become attractive options for them."

The agreement also applies to students who have completed graduate degrees from one of Middlebury's programs or schools, including the Monterey Institute of International Studies, Middlebury Language Schools, and Bread Loaf School of English.

"For example, it's an ideal match for Monterey graduates in the international environmental policy program," added Jenks-Jay. "What we are really doing is providing additional opportunities for all of our students following graduation."

VLS has signed similar agreements with 11 undergraduate schools and another two are in progress. The contract with Middlebury is unusual since it includes students and alumni of the undergraduate college as well as those who have completed Middlebury's graduate programs. The agreements are intended to improve coordination between VLS and undergraduate schools whose students are interested in attending law school. Under the agreements, students and graduates at the undergraduate institutions are guaranteed admission to VLS if their GPA and LSAT credentials are equal to or stronger than the median for VLS's entering class. Their undergraduate files must also contain no evidence or concerns about their character that would make them inappropriate candidates for law school. Ten students have enrolled at VLS under the agreements since the program started in 2004.

VLS has agreements with Assumption College, Burlington College, Champlain College, Green Mountain College, Lake Forest College, Middlebury College, Northland College, Schreiner University, The Sage Colleges, Wilson College and Woodbury College (now the Woodbury Institute of Champlain College). Agreements are in progress at Dartmouth College and Hampshire College.

VLS also started an Environmental Law Scholarship program with six undergraduate institutions in fall 2011. The "feeder school" program provides a full-tuition scholarship to one or two top students or graduates from six schools each year who have a significant record of environmental and public service, a GPA of 3.65, and an LSAT score of 160 or higher. The program includes candidates for a law degree, an environmental law and policy master's (MELP), and a joint law-MELP degree. The participating schools are Middlebury, Dartmouth, Oberlin, Lake Forest, Hampshire and Colorado College. The first students in the Environmental Law Scholarship program will enroll in fall 2012. Middlebury and the other participating schools determine which of their students to nominate for a scholarship. VLS will have the final decision on whether a scholarship will be awarded.

Middlebury College is one of the most highly regarded liberal arts colleges in the nation. Middlebury is unique among these schools in being a classic liberal arts college that also offers graduate and specialized programs operating around the world.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Changala '13 Co-Authors Study on Oil, Gas, Wind Decommissiong Regulations

Vermont Law School — 15 Feb 2012 17:00:00 EST

Vermont Law School's Danielle Changala '13 recently co-authored a paper titled "Comparative Analysis of Conventional Oil and Gas and Wind Project Decommissioning Regulations on Federal, State, and County Lands" in The Electricity Journal.

"As the growth of renewable energy continues, it is imperative that adequate funds are secured to successfully decommission projects at the end of their useful life," according to the study, whose co-authors included Professor Michael Dworkin, director of VLS's Institute for Energy and the Environment. "Additionally, it is important to ensure that regulatory decommissioning obligations do not disproportionately burden any generation resource.

The study concludes: "A comparison of federal, state, and county decommissioning regulations for oil and gas extraction sites and wind energy projects reveals that, generally, regulatory requirements are wholly insufficient to adequately secure the costs of decommissioning.... Accordingly, equitable regulatory burdens are necessary for all energy activities so that each resource is subject to environmental accountability and proportional regulatory burdens. Creating a level playing field amongst energy resources is imperative so that resource selection amongst competing resources is not disproportionately burdened by differences or inadequacies in regulatory systems."

Remmel '14 Explores Algae Harmful to Fish

Vermont Law School — 15 Feb 2012 17:00:00 EST

Vermont Law School's Emily Remmel '14 recently co-authored an article in Ecology Letters about golden algae fish kills.

The article is titled "Toxin-assisted micropredation: experimental evidence shows that contact micropredation rather than exotoxicity is the role of Prymnesium toxins."

The golden algae is one of a large group of algae known as chrysophytes that are usually found in hot and desert environments and can produce toxins that are lethal to fish and other aquatic life. Under certain environmental stresses, golden algae produce a toxin that negatively affects gill-breathing species such as fish, mollusks, arthropods, and the gill-breathing stage of amphibians. When this occurs fish behave as if there is not enough oxygen in the water. They travel at the top of the water surface or rest on the bottom in edges and shallow areas. Although golden algae can be toxic for fish, they are not a threat to humans.

According to the article's abstract: "Blooms of Prymnesium parvum can severely harm fish and zooplankton, presumably through the release of allelopathic exotoxins that offer advantages for Prymnesium in its interactions with competitors and prey. We show that Prymnesium attaches to zooplankton and fish, causing mortality, whereas exposure of these organisms to Prymnesium across a permeable membrane does not cause mortality.

"We also show that Prymnesium exotoxins are released independently of contact toxicity only in response to experimental procedures or natural causes of stress. Our results are consistent with the idea that toxins have evolved for release during cell-to-cell contact in support of heterotrophy. The evolution of toxin-assisted micropredation would be consistent with mechanisms of natural selection favouring individual fitness as opposed to broadcast allelopathy from which the benefits are more dispersed. Research into the toxicity of Prymnesium and other harmful algal species may profit from focus on processes following physical contact with potential prey."

VLS Faculty Discuss: Why Law School, Why Vermont Law School

Vermont Law School — 14 Feb 2012 17:00:00 EST

At a time of widespread change in the legal job market, legal education and how the law is practiced, Vermont Law School's new video "Why Law School, Why Vermont Law School" features members of the VLS faculty discussing the life-long benefits of earning a JD.

"Law school is the very best preparation for a broad career," Dean Jeff Shields says.

"There are a ton of career paths you can pursue as a lawyer," says Professor Cheryl Hanna. "We often have in our minds that there are just these traditional lawyer jobs going to a big firm ... but that's just really a small piece of what lawyers do."

Since its founding in 1972, VLS has drawn individuals from across the country and world with a passion for public service, social justice, environmental stewardship and an interest in pursing legal education as a means to make a difference in the world.

VLS is recognized as an entrepreneurial community of energetic students and accomplished legal scholars and practitioners who regularly collaborate on advocacy work that reaches far beyond Vermont. The school's emphasis on practical, experiential learning across government, the nonprofit sector, and in private commerce provides VLS students, while they are students, with a realistic assessment of the challenges and rewards of varied career options in the legal profession.

VLS Study: Iowans' Electric Bills Could Skyrocket Under Nuclear Financing Bill

Vermont Law School — 14 Feb 2012 17:00:00 EST

SOUTH ROYALTON, Vt. -- Mark Cooper, a Vermont Law School expert on nuclear reactor financing, warned today that a bill pending in the Iowa Senate to allow MidAmerican to charge in advance for the construction of new nuclear reactors could lead to significantly more expensive utility bills for state consumers, up to $70 higher a month ($840 per year).

In a report titled "Nuclear Socialism Comes to the Heartland of America: Early Cost Recovery for New Nuclear Reactors in Iowa and The Return of Electricity Rate Shock," Cooper shows how the examples of four Southeastern U.S. states -- North Carolina, South Carolina, Florida and Georgia -- have led to major harms to consumers when "early cost recovery" or "construction work in progress" is used to finance nuclear reactors.

If the Iowa Senate measure becomes law, Iowa would become only the fifth state in the U.S. to impose such confiscatory, anti-consumer special interest legislation at the request of the nuclear power industry, Cooper said. His analysis concurs with the staff of the Iowa Utilities Board, which examined the controversial nuclear financing scheme before the state Legislature (HF 561), and concluded that it poses a serious threat to Iowa ratepayers.

The Cooper report notes: "In addition to the dismal economics of nuclear power, the primary reason that the practice is limited to a very few states is that advanced cost recovery is fundamentally flawed, placing ratepayers at extraordinary risk for an excessive and unnecessary cost burden that runs into the billions of dollars. The staff of the IUB has raised a number of concerns about the advanced cost recovery legislation now stalled in the Senate that reflect the long-standing and well-documented concerns of ratepayer and consumer advocates."

Cooper is senior fellow for economic analysis at VLS's Institute for Energy and the Environment and the author of "Policy Challenges of Nuclear Reactor Construction, Cost Escalation and Crowding Out Alternatives" (2009).

"Past experience and current developments in the few Southeastern U.S. states that have allowed advanced cost recovery for nuclear reactors indicate that removing consumer protections will impose significant costs on Iowa ratepayers and expose them to extraordinarily dangerous risks," he said. "The push for early cost recovery for construction of nuclear reactors in Iowa and elsewhere is driven by one basic truth about new nuclear reactors: They are totally uneconomic. The markets won't touch these projects so the industry's only alternative is to enlist state lawmakers to leave consumers holding the bag."

The Cooper report notes: "In the four states in the Southeast where funds are being collected from ratepayers under new advanced cost recovery for nuclear reactor construction in the Southeast, each individual nuclear reactor project costs $15 to $20 billion. Over $4 billion has already been approved for advanced cost recovery, yet it appears increasingly unlikely that the most of reactors will ever be built. Ratepayers will have paid billions but received nothing for their money. If reactor construction moves forward as proposed, almost $85 billion of construction costs will move into the utility rate-base causing rapid increases in typical consumer bills within a decade. Less costly, more consumer and environment friendly alternatives will be crowded out of the resource mix."

The Cooper report also points out:

New nuclear reactors cannot compete with a large number of alternatives resources that are widely available to meet consumer needs for electricity.
They are so risky, they cannot raise capital in normal financial markets.
In order to build new nuclear reactors, the utilities are demanding the suspension of the regulatory rules and financial market mechanisms that protect ratepayers and balance the interests of consumers and utility shareholders.

Listen to a streaming audio replay of a related news event.

Cooper can be reached at markcooper@aol.com or 301.384.2204.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

VLS's ACS Named Student Chapter of the Week

Vermont Law School — 14 Feb 2012 17:00:00 EST

The Vermont Law School chapter of the American Constitution Society was recently named student chapter of the week by the ACS.

Led by its faculty advisor, Professor Cheryl Hanna, the VLS chapter has been busy hosting events that shape the debate on emerging issues and that provide a space for respectful and intelligent discussion.

The chapter began the spring semester by having noted animal law scholar VLS Associate Professor Pamela Vesilind discuss whether animal rights are constitutional rights? The chapter also partnered with Public Citizen to host a teach-in on the wide ranging effects of the Citizens United decision.

Later this semester, noted professor and constitutional scholar Jonathan Turley will discuss his latest high profile case as lead counsel representing the Brown family from TLC's "Sister Wives," a TV reality show about polygamy.

Chrostek '12 Nominated for Burton Award

Vermont Law School — 13 Feb 2012 17:00:00 EST

An article by Vermont Law School student Garrett Chrostek '12, titled "A Critique of Vermont's Right-To-Farm Law and Proposals for Better Protecting the State's Agricultural Future," has been selected as VLS's official entry in the 2012 Burton Distinguished Legal Writing Award competition.

The article, which was published in the Vermont Law Review in 2011, evaluates Vermont's right-to-farm law and makes concrete suggestions for improving it.

"The article is erudite and pragmatic," said Professor Greg Johnson, director of VLS's Legal Writing Program. "It offers realistic proposals to protect Vermont's agricultural resources."

Ben Leoni '11 was selected by the Burton Awards for Legal Achievement as a winner of the 2011 Distinguished Legal Writing Awards. Leoni, who now practices law in Maine, was the first VLS student to win the award, which is the highest honor in legal writing in the United States.

Week of Feb. 6

Vermont Law School — 13 Feb 2012 17:00:00 EST

The Associated Press cited professors Cheryl Hanna, Don Kreis and Pat Parenteau in a Feb. 11 story about whether the Vermont Attorney General will appeal a federal judge's decision rejecting the state's bid to close the Vermont Yankee nuclear plant.

SNL Financial spoke Feb. 10 with Professor Michael Dworkin about the Federal Energy Regulatory Commission's role in policy and resource planning.

The New York Times ran a commentary on Feb. 9 by Professor Michael McCann about whether home-schooled students should be allowed to play for public school teams.

Greenwire spoke with Adjunct Professor Peter Bradford on Feb. 9 about the nuclear industry's safety record and fiscal health.

FRONTLINE talked to Professor Michael McCann on Feb. 9 about a class-action lawsuit aimed at NCAA profits.

The Christian Science Monitor, whose story was carried by Yahoo! News and other media, talked to Adjunct Professor Peter Bradford on Feb. 9 about the Nuclear Regulatory Commission's approval of the first nuclear power reactors in the United States in more than three decades.

Vermont Public Radio mentioned Professor Cheryl Hanna in a Feb. 9 story about the Vermont Commission on Women, whose chairwoman credited Hanna with influencing the commission's recent revision of the "Legal Rights of Women in Vermont" publication.

WBEZ Radio (Chicago) spoke with Professor Pat Parenteau on Feb. 9 about whether nesting bald eagles may force the Chicago Police Department to change the location of its proposed shooting range.

The Associated Press, whose story was picked up by Bloomberg Businessweek, Vermont Public Radio, WCAX and other media, reported Feb. 7 on the Institute for Energy and the Environment and two other Vermont groups receiving a $34 million contract from the Environmental Protection Agency to promote energy efficiency.

Prof. Renzo Examines Privatized Prisons

Vermont Law School — 10 Feb 2012 17:00:00 EST

Vermont Law School Professor Anthony Renzo recently published an article titled "Rights in Search of Remedies: Supreme Court Sentences Federal Inmates to Vagaries of State Law When Prison Contractors Violate Their Constitutional Rights" in the American Constitutional Society Blog.

In the article, Renzo spotlighted the case of prisoner Richard Lee Pollard, whom the U.S. Supreme Court barred from bringing a damage action in federal court against the individual corporate employees who violated his Eighth Amendment rights when they disregarded a serious medical condition that required treatment.

Renzo's areas of expertise include constitutional and civil liberties litigation.

New Nuclear Reactors: VT Law School Experts Available For Follow Up

Vermont Law School — 10 Feb 2012 17:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School experts Peter Bradford and Mark Cooper are available to comment for follow up stories on costs, safety and other factors in connection with the Nuclear Regulatory Commission's approval of two new reactors at a nuclear plant in Georgia.

Credit: Southern Company.

It was the first license granted to build a nuclear reactor in the United States since 1978, a year before the Three Mile Island accident.

The $14 billion Vogtle expansion project, which will create the largest nuclear power complex in the country, is being closely watched by utilities and others nationwide. A coalition of antinuclear groups said it would file suit to block the NRC's decision.

Bradford, a former member of the NRC who teaches nuclear power and public policy as an adjunct professor at VLS, and Cooper, senior research fellow for economic analysis at VLS's Institute for Energy and the Environment, are internationally recognized for their expertise in nuclear energy.

Bradford can be reached at perubrad@aol.com or 802-824-4296.

Cooper can be reached at markcooper@aol.com or 301.384.2204.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Weeks of Jan. 23-Jan. 30

Vermont Law School — 10 Feb 2012 17:00:00 EST

The Burlington Free Press spoke to Professor Cheryl Hanna on Feb. 5 about the Vermont Roman Catholic diocese's claim that paying more large damage awards to victims of long-ago priest sexual abuse will put the the diocese out of business and violate constitutional protections regarding religious freedom.

The Tampa Bay Times talked to Adjunct Professor Peter Bradford on Feb. 4 about the costs of nuclear power.

Vermont Public Radio aired a commentary by Associate Professor Brian Porto on Feb. 3 about lessons that can be learned from the career of the late football coach Joe Paterno.

Vermont Public Radio spoke with Peg Elmer, associate director of the Land Use Clinic, on Feb. 2 about issues faced by Vermonters who were displaced by Tropical Storm Irene.

The Associated Press reported Feb. 2 on the Environmental and Natural Resources Law Clinic in connection with a bill aimed at opening Vermont state environmental enforcement actions to more involvement by citizens aggrieved by polluters.

WPTZ spoke with Professor Cheryl Hanna on Feb. 1 about what's next in the Vermont Yankee nuclear plant case.

Bloomberg News talked to Professor Pat Parenteau on Jan. 30 about Congressional Republicans' efforts to take control over approval of the Keystone XL pipeline proposal.

In his Sports Illustrated column on Jan. 30, which was cited by the Hollywood Reporter and Crain's Cleveland Business, Professor Michael McCann explored the NFL's "clean zones," or areas near stadiums where anyone who advertises or promotes commercial activity connected to the Super Bowl must first receive approval from the NFL and obtain from the government a "limited duration license." McCann's attendance at the Super Bowl was noted by the Lowell Sun (Mass.)

The Omaha World-Herald spoke with Professor Pat Parenteau on Jan. 29 about Congressional Republicans' efforts to approve the Keystone XL project.

The Associated Press, whose story was picked up by the Boston Globe and Washington Examiner among others, National Jurist, WCAX, WPTZ and other media reported Jan. 26 on VLS's record-setting capital campaign.

The Des Moines Register spoke with Mark Cooper on Jan. 26 about a proposal to build a nuclear power plant in Iowa. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.

ABC News, NPR, FOX News, The Washington Post and other media carried an Associated Press story on Jan. 25 talking to Professor Pat Parenteau about the Vermont Attorney General Office's loss in the Vermont Yankee nuclear plant lawsuit, which was the AG's third consecutive defeat in major cases in recent years.

Seven Days profiled James Maroney '12 in a Jan. 25 story headlined "Dairy Don't: A Dogged Ag Activist Takes Aim at Vermont's 'Sacred Cow'.

The State Journal (West Virginia's only business newspaper) reported Jan. 24 on the launch of VLS's Energy Security & Justice Project.

Inside Climate News, whose story was picked up Reuters, CattleNetwork and other media, spoke with Professor Pat Parenteau on Jan. 24 about whether Republicans' efforts to make the Keystone XL pipeline a top campaign issue against President Obama could create new problems for TransCanada and the oil industry.

American Prospect spoke with Associate Professor Jennifer Taub on Jan. 24 about the second anniversary of Citizens United, a 2010 U.S. Supreme Court decision recognizing that corporations have free speech rights under the First Amendment.

The Village Voice spoke to Professor Pat Parenteau on Jan. 24 about New York state's effort to create guidelines for hydraulic fracturing, or "fracking," within its borders.

Vermont Public Radio aired a Jan. 23 commentary by Professor Cheryl Hanna, who also talked to WCAX, WPTZ, WVNY and other media about the implications of a federal judge's ruling in the lawsuit over the Vermont Yankee nuclear plant.

ClimateWire talked to Professor Pat Parenteau on Jan. 23 about the prospect of TransCanada building the U.S. portion of the Keystone XL pipeline in segments with a hope that the entire conduit will become operational in late 2014.

Brown '12 Profiled in CLEO Newsletter

Vermont Law School — 09 Feb 2012 17:00:00 EST

Vermont Law School student Kendra Brown '12 recently was profiled in the CLEO (Council on Legal Education Opportunity) Newsletter.

She serves as regional chair of the Northeast Region of the National Black Law Students and has had numerous honors while at VLS, including a Vermont Law School Merit Scholarship, the NBLSA Sandy Brown Memorial Scholarship, the VLS Merit Scholarship and the VLS David Firestone Scholarship for Campus Involvement.

Read the profile.

Weeks of Jan. 9-Jan. 16

Vermont Law School — 08 Feb 2012 17:00:00 EST

Bloomberg News, whose story was picked up by the Financial Post, Yahoo! Finance and other media, spoke with Professor Pat Parenteau on Jan. 20 about Congressional Republicans' effort to take control over approval of the Keystone XL pipeline proposal.

The New York Times, NPR, Associated Press (whose story was picked up by The Washington Post, ABC News and other media around the world), Vermont Public Radio (here and here), WCAX, FOX44, Platts and other media spoke with professors Pat Parenteau and Cheryl Hanna on Jan. 19-20 about a federal judge's decision that allows the Vermont Yankee nuclear plant to stay open.

Vermont Public Radio aired a commentary about "corporate personhood" by Assistant Professor Don Kreis on Jan. 20.

Vermont Public Radio talked to Professor Oliver Goodenough on Jan. 19 about the U.S. government's effort to crack down on Internet piracy and counterfeit goods.

Seven Days spoke with James Maroney '12 on Jan. 19 about the "Working Lands Enterprise Investment Bill" under review by the Vermont Legislature.

The National Law Journal and Associated Press, whose story was carried by WCAX, Vermont Public Radio, Burlington Free Press and other media, reported Jan. 19-20 on VLS's new Center for Agriculture and Food Systems receiving a $1.25 million grant.

The Huffington Post carried a commentary by Professor Oliver Goodenough on Jan. 18 titled "Teaching Real Law for the 99 Percent."

Vermont Public Radio talked to Adjunct Professor Peter Bradford on Jan. 18 about AARP-Vermont's launching of a media campaign that demands a refund for ratepayers if the state's largest utility is sold.

Bloomberg Businessweek, Hearst Newspapers, the Boston Globe and Climate Wire spoke with Professor Pat Parenteau on Jan. 18-19 about President Obama's denial of a permit for the Keystone XL oil pipeline project.

Vermont Public Radio talked to Kevin Jones, smart grid project leader, on Jan. 16 about the Shumlin administration's and legislative leaders' proposal for a major overhaul in how Vermont encourages renewable energy.

WCAX spoke with Professor Cheryl Hanna on Jan. 11 about the two-year anniversary of the U.S. Supreme Court's decision in the Citizens United case, when the court struck down a federal law banning political campaign contributions by corporations and labor unions.

Reuters, whose story was picked by CNN, the China Post, Huffington Post, Yahoo! News and other media around the world, talked to Professor Pat Parenteau on Jan. 12 about Congressional Republicans' efforts to approve the Keystone XL pipeline.

The Burlington Free Press spoke with Associate Professor Michele Martinez Campbell on Jan. 9 about the line between self-defense and reasonable force in connection with a fatal convenience store robbery.

Marketplace talked to Professor Pat Parenteau on Jan. 9 about a U.S. Supreme Court case in which an Idaho couple challenged the EPA's regulatory power.

EPA Awards Vermont Coalition $34 Million Contract To Advise on ENERGY STAR Program

Vermont Law School — 07 Feb 2012 17:00:00 EST

SOUTH ROYALTON, VT -- The EPA has awarded three Vermont groups, including Vermont Law School's Institute for Energy and the Environment (IEE), a $34 million contract to provide technical, analytical and outreach assistance to the national ENERGY STAR program in the commercial, institutional, and industrial sectors.

"This blanket purchase agreement is great for the global environment and also good news for the economy," said Professor Michael Dworkin, director of the IEE. "Projects that improve energy efficiency will save money and help put people back to work."

Partnering with the IEE in the contract are The Clark Group, a national environmental consulting and government affairs firm in Montpelier and Washington, D.C., and the Vermont Energy Investment Corporation (VEIC), which is known for its management of Efficiency Vermont, the nation's first energy efficiency utility.

"All three groups have unparalleled experience in energy efficiency program design, analytics, and implementation," said Lisa Mahoney, a partner in The Clark Group's Vermont office.

The ENERGY STAR program seeks to improve energy efficiency in homes and businesses throughout the United States. In 2010, ENERGY STAR programs reduced greenhouse gas emissions equivalent to 33 million vehicles and saved Americans nearly $18 billion in utility payments.

Christine Donovan, a managing consultant at VEIC, said: "One of the great benefits of this project is that it combines energy solutions with profitability-it's been proven time and again that capitalizing on energy efficiency is good for a company's environmental performance as well as its bottom line."

Under the contract, the EPA may acquire up to $34 million in services from The Clark Group, VEIC and IEE over five years. The maximum of $34 million represents the cap that the EPA can spend in retaining services from the Vermont coalition. Actual fees will depend upon the specific tasks ordered by the EPA.

More information is available from: Michael Dworkin at 802-831-1319 (IEE), Lisa Mahoney at 802-225-5945 (The Clark Group), Kelly O'Brien Lucci at 802-540-7630 (VEIC).

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Prof. Wroth Proposes Solutions for Solving Lake Champlain's Environmental Problems

Vermont Law School — 02 Feb 2012 17:00:00 EST

In a recent paper in the Journal of Great Lakes Research, Vermont Law School Professor Kinvin Wroth summarizes the legal provisions that apply to Lake Champlain's environment to provide a starting point for comparative analysis that will facilitate coordinated transboundary solutions to the environmental problems of the Lake Champlain Basin and that may be applicable to other shared international and interstate/provincial waters.

Lake Champlain is governed by six legal regimes with historic differences, and the United States and Canada allocate power differently between governmental levels and branches. As a result, environmental regulation differs between the countries. Bi-national efforts against phosphorus pollution have been impeded by the differences, so comparative legal analysis is a basis for a cooperative approach to such problems, Wroth wrote.

Read the paper.

From Burmese Pythons to Zebra Mussels: New Study Proposes Federal Law to Limit Nonnative Animal Species

Vermont Law School — 02 Feb 2012 17:00:00 EST

SOUTH ROYALTON, VT -- A new study by a Vermont Law School alumnus proposes a detailed comprehensive federal law to curtail invasive and exotic animal species that are causing environmental, economic and public health risks across the American landscape.

"Forget the war on drugs. What the United States needs is a war on invasive animal species," writes Jane Graham, author of the study, titled "Snakes on a Plain, or in a Wetland: Fighting Back Invasive Nonnative Animals-Proposing a Federal Comprehensive Invasive Nonnative Animal Species Statute." The article is published in Volume 25, Issue 1 of the Tulane Environmental Law Journal.

The proposed law addresses creatures great and small-from Burmese pythons that are devouring native wildlife in the Everglades (according to a study by the U.S. Geological Study released Monday) to the lions, tigers and bears released from a private compound in Ohio in October.

Scholars and regulators have advised the federal government to create a comprehensive scheme, but no such statute or proposed statute exists.

"U.S. laws dealing with the critical problem of invasive species are lacking central pieces and are uncoordinated," writes Graham, who received an LL.M. in environmental law from Vermont Law School in 2011. "A new comprehensive statute could improve mechanisms for prevention, punishment, cost recovery and incentives."

The United States' current menagerie of federal, state and local laws are ineffective in controlling Burmese pythons, Asian carp, zebra mussels, exotic pets and other invaders that are causing a growing amount of environmental degradation, economic waste, public health risks, human injuries and wildlife trafficking, according to the study.

Graham argues that current federal statutes and frameworks-including the Lacey Act, Executive Order 13112, National Invasive Species Act and laws that deal with single species-are either too broad or too narrow; lack cost recovery and incentive tools; are reactive; do not have the force of law; are too vague; or lack significant penalties.

Other laws-such as the National Environmental Policy Act, Endangered Species Act, Clean Water Act and Animal Health Protection Act as well as state laws, public nuisance laws, free market solutions and exotic pet restrictions-also are insufficient, according to the article.

The article proposes a model federal law that calls for:

• A "clean" list of species that are allowed into the country instead of the current "dirty" list that prohibits specific species.
• A process that explains exactly how risk assessment decisions will be determined.
• Uniform restrictions on exotic-and potentially all-animal ownership.
• Increased public awareness of invasive animal laws.
• Higher and uniform fines and criminal penalties for violations.
• Methods to fund restoration of ecosystems damaged by invasive species
• Entrepreneurship and partnerships between government and private businesses.

Graham is available to comment at janecynthiagraham@gmail.com or 561.271.5766. Her article was written with guidance from her master's thesis advisor VLS Assistant Professor Pamela Vesilind. Graham is currently Everglades Policy Associate for Audubon of Florida in Miami.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

New Vermont Law School Course To Show Legal Ropes to Utility Executives

Vermont Law School — 01 Feb 2012 17:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School will offer a unique new course this summer designed to help senior electric utility executives gain a better understanding of the legal basics critical to operating an effective utility company.

The rigorous two-week class will give executives the legal foundation to more fully understand the utility regulatory framework, the role of federal and state energy regulatory commissions and how to operate more effectively within these structures.

The Electric Power Research Institute (EPRI) supported VLS's Institute for Energy and the Environment (IEE) development of the course, which is modeled after similar utility executive training courses at MIT and the University of Pennsylvania's Wharton School.

"We expect 12 to 15 high-potential, forward-thinking electric utility executives to attend this special course," said Professor Michael Dworkin, director of the IEE.

Beginning with the basic functions of government and building on the interplay among state, federal and regional oversight when planning new energy infrastructure, the VLS course will offer a broad overview of the legal framework governing the utility.

"Many utility executives work their way through the utility ranks from business and engineering backgrounds and don't have a strong understanding of the law as it relates to running a utility business," Dworkin said. "EPRI recognized this gap in the executive training ranks and asked VLS to fill it."

Mike Howard, EPRI's president and CEO, said VLS's course, titled "Legal Essentials for Utility Executives," will be of great value to its attendees. "This is a must-attend program for utility executives interested in building their credentials and gaining a better understanding of the laws and lawyers they will have to effectively deal with throughout their career," he said.

EPRI, an independent, nonprofit organization, conducts research and development relating to the generation, delivery and use of electricity for the benefit of the public.

The VLS course will be June 17-30 at the Vermont State House in Montpelier. Registration deadline is March 15. More information is available at www.vermontlaw.edu/legalessentials

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Christensen '12 Examines Detroit Urban Agriculture

Vermont Law School — 01 Feb 2012 17:00:00 EST

In a recent article in the Drake Journal of Agricultural Law, Vermont Law School student Dana Christensen '12 explores urban agriculture, focusing on Detroit as an example of a grassroots movement that shifts how the community thinks about food.

The article is titled "Securing the Momentum: Could a Homestead Act Help Sustain Detroit Urban Agriculture?"

"Food security, employment opportunities, answers to urban blight, and health problems -- urban agriculture has many reasons to deserve the buzz it has lately received," Christensen wrote. "Long before 'going green' entered the larger societal and business consciousness, many American cities enacted zoning provisions for agriculture before the current industrial agricultural system took hold. Indeed, the rise of urban agriculture coincides with economic depressions in modern history, when state and local governments promoted community gardens to counteract poverty and its attendant social unrest.

"But the most recent manifestation of urban agriculture is unique; it is a movement driven by social justice as well as necessity, incorporating an ethic of environmental sustainability and community building to address the problems of the postindustrial city, including unemployment, food access, and vacant land issues. Detroit exhibits a prime example of urban agriculture as a grassroots movement that shifts how the community thinks about food, where it comes from, and who controls it. Most importantly, Detroit's urban agriculture movement has stimulated the idea of access to healthful affordable food as a human right. With the recovery from the auto industry's deterioration -- where economic decisions affecting the lives of millions of people were decided by a privileged few -- decades of white flight, and other detrimental factors, it is no surprise that urban agriculture in Detroit transcends the middle-class values of environmental sensitivity in favor of the economic justice of empowering those who stayed and persevered in Detroit when others left."

Professor Gardina Elected Co-President of SALT

Vermont Law School — 31 Jan 2012 17:00:00 EST

Vermont Law School Professor Jackie Gardina recently took the helm as co-president of the Society of American Law Teachers (SALT) along with Professor Ngai Pindell of the University of Nevada, Las Vegas, Boyd School of Law.

SALT, a group of progressive law teachers working for justice, diversity and academic excellence for more than 35 years, is governed by a 30-member board of governors elected by the membership in three-year terms. SALT's committees examine critical issues facing the legal academy and profession: academic freedom, equal opportunity, issues in legal education, judicial and government nominations, LGBT issues and human rights.

Gardina specializes in four main areas: civil procedure, administrative law, bankruptcy with a special emphasis on environmental obligations in bankruptcy, and sexual orientation and gender identity issues. In addition to her teaching duties, she has spoken and written on a variety of topics, including learning disabilities in higher education, bankruptcy, the Solomon Amendment and the "don't ask, don't tell" law. She is a governing board member of Servicemembers Legal Defense Network.

Land Use Expert to Explore New York City’s Rezoning

Vermont Law School — 31 Jan 2012 17:00:00 EST

SOUTH ROYALTON, VT -- A New York University School of Law expert will discuss New York City's massive rezoning effort at Vermont Law School's eighth annual Norman Williams Distinguished Lecture in Land Use Planning and the Law at 5:30 p.m., Thursday, Feb. 2 at the Chase Community Center. The event is free and open to the public.

Professor Vicki Been, director of the Furman Center for Real Estate and Urban Policy at the NYU School of Law, will deliver a lecture titled "Explaining the Motivations Behind Land Use Regulation: New York City's Rezonings of Almost One Quarter of Its Land."

Since 2002, New York City has enacted more than 100 neighborhood-sized zoning changes throughout the city. Been will explore the city's motivations for making these changes, their implications for the future of the nation's most important urban area and the lessons policymakers and courts can draw from a comprehensive analysis of a city's rezoning decisions.

The Williams Lecture is hosted by Vermont Law School's Land Use Institute and Environmental Law Center.

About the Williams Lecture
Norman Williams came to VLS in 1975 after a distinguished career in public service and teaching, particularly in land use planning. He played a key role in founding VLS's Environmental Law Center. The Norman Williams Distinguished Lecture in Land Use Planning and the Law series is a gift of Frances Yates, trustee of VLS, in memory of Norman Williams and Anya '90 and Charles Yates '90.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

U.S.-China Partnership Receives Grant to Promote Environmental, Public Health

Vermont Law School — 27 Jan 2012 17:00:00 EST

Vermont Law School's U.S.-China Partnership for Environmental Law, in collaboration with Sweden's Faculty of Law at Uppsala University, recently received a $40,000 grant to fund a joint conference with Sun Yat-sen University in Guangzhou, China, in September.

The grant from the Swedish Council for Working Life and Social Research will support a two-day workshop titled "Comparative Environmental and Public Health Law, Regulations, and Remedies."

The workshop will identify crucial research topics in the field of environmental and health protection law and foster academic discussion on the relationship between environmental law and the quality of public health, said Professor Jason Czarnezki, faculty director of the U.S.-China Partnership.

The workshop is designed to expand Swedish higher learning institutions' connections with Chinese universities by facilitating scholarly discourse among legal experts in environmental and public health fields from Sweden, the United States and China. The workshop also will enhance long-term cooperation in research, innovation and education with Chinese counterparts.

The workshop will bring together 20 to 30 international and Chinese professors whose primary research areas are environmental and public health policy. The workshop also will offer a space in which to exchange ideas and develop future collaborate research projects. Papers resulting from this collaboration may be published in the Vermont Journal of Environmental Law, Nordic Environmental Law Journal and the environmental law journal of Sun Yat-sen University.

National Media Discuss Vermont Yankee Court Ruling With VT Law School Experts

Vermont Law School — 27 Jan 2012 17:00:00 EST

The New York Times and other media nationwide sought out Vermont Law School faculty experts for insight into a federal court's recent ruling on the fate of the Vermont Yankee nuclear power plant.

U.S. District Judge J. Garvan Murtha ruled that Vermont's only nuclear plant can remain open beyond its originally scheduled shutdown date of March 21. Vermont Yankee''s owner, Entergy Corp., argued during a three-day trial in September that the state's efforts to close the plant were pre-empted by federal law. The federal Nuclear Regulatory Commission granted a 20-year extension on Vermont Yankee's license in March 2011.

See the coverage in: The New York Times, Washington Post, Vermont Public Radio, Burlington Free Press, WCAX.

Vermont Law School Raises Record $15.3 Million in Capital Campaign

Vermont Law School — 26 Jan 2012 17:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School has surpassed its goal of $15 million for the Campaign for Vermont Law School, with total gifts and commitments currently totaling $15.3 million.

The funds will support student financial aid, a new Center for Legal Services, programs that improve national environmental and energy policies, and educational initiatives that produce highly skilled lawyers at home and abroad.

VLS hopes to raise another $1 million to $2 million before closing the campaign when Dean and President Jeff Shields retires at the end of the fiscal year on June 30.

It has been VLS's most successful capital fund drive in its nearly 40-year history, surpassing the $11.3 million raised in 2005 for the renovation of historic Debevoise Hall, the main administration building, and the $6 million raised in 1998 for the construction of Oakes Hall, the main classroom building.

The campaign was launched silently in September 2008 with a gift from trustee Fran Yates that went toward the purchase of the former Freck's department store, a historic building and landmark in downtown South Royalton. The building, which is being renovated according to VLS's standards for stewardship of the environment, will house the law school's clinical programs and become the new Center for Legal Services.

"This project represents the best of what a Vermont Law School education provides with a focus on the importance of clinical opportunities for students," said Shields. "The Environmental and Natural Resources Law Clinic (ENRLC) and the South Royalton Legal Clinic (SRLC) have a long history of community service, and this building provides them with a new state-of-the-art home and room to grow."

Building on the generous gift that helped launch the Center for Legal Services project, Dean Shields, Chairman of the Board of Trustees Ed Mattes ‘83 and campaign committee chair and trustee Jimmy Hanson '83 pushed forward with a plan to create robust financial support for core environmental programs and scholarships for VLS students.

"Vermont Law School has some of our country's leading experts in energy policy and environmental law," Dean Shields said. "Our faculty have been asked by President Obama to serve in senior government positions and by our state's leadership to draft legislation that affects the way in which Vermont utilities construct their business models. It's rewarding to see philanthropic support for this work and the students who can carry forward this legacy of leadership.".

Fundraising highlights of the Campaign for Vermont Law School include:

• $9.5 million for VLS's Institute for Energy and the Environment, U.S.-China Partnership for Environmental Law, ENRLC and SRLC
• $1.3 million for student scholarships and loan repayment assistance programs
• $2 million for the Center for Legal Services
• $1.25 million to launch a new Center for Agriculture and Food Systems

Vermont Law School's alumni include about 6,000 individuals, many of whom work in fields relating to environmental law and energy policy. Founded in 1972, VLS is a private, independent law school that has focused on foundation and government grants in its fundraising efforts to date. At the same time, the Campaign for Vermont Law School has seen more than 2,000 VLS alumni contribute to the effort since 2008, with annual giving totaling more than $1.3 million during this period, which is also a record.

"VLS alumni have committed to this effort in a way they never have before," said Shields. "The law school's programs are in a position of strength today due in large part to their generosity."

Dean Shields and Chairman Mattes will launch the public phase of the campaign at 5:30 p.m., Thursday, Jan. 26 at the Vermont State House in Montpelier. The media are invited to attend.

VLS officials will discuss the evolving state of legal education and the legal profession. They also will discuss how VLS is adapting to that changing landscape, in part, by emphasizing clinical and experiential programs that prepare its graduates to be skilled litigators, policy analysts, public interest advocates, entrepreneurs and leaders in other areas.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

VT Law School to Host “After Irene” Symposium

Vermont Law School — 24 Jan 2012 17:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School will explore environmental issues arising out of Tropical Storm Irene at a symposium on Friday, April 20.

The symposium, titled "After Irene: Law and Policy Lessons for the Future," will start at 8:15 a.m. in the Chase Community Center. The event is free and open to the public.

Among the issues to be discussed are the environmental effects of using heavy equipment to restore stream banks and channels; river corridor management; emergency relief mitigation and planning; natural disaster policy; and the federal flood insurance program.

The symposium will be hosted by VLS's Vermont Journal of Environmental Law, Environmental Law Society and Freshwater Working Group.

There will be a range of national and state guest speakers, including David Mears, a former VLS professor who is commissioner of Vermont's Department of Environmental Conservation.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

VT Law School Launches Energy Security & Justice Project

Vermont Law School — 24 Jan 2012 17:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School has launched the Energy Security & Justice Project to expand global access to sustainable energy and craft national energy policies that adapt to climate change without worsening socioeconomic inequality.

The Project, which is overseen by Associate Professor Benjamin Sovacool, expands the international law and policy focus of VLS's Institute for Energy and the Environment.

The Project's researchers investigate how to provide ethical access to energy services and minimize the injustices and human impacts of current energy production and use. The researchers explore how to equitably provide available, affordable, reliable, efficient, environmentally benign, proactively governed and socially acceptable energy services to households and consumers. One track of the program focuses on a lack of access to electricity and reliance on traditional biomass fuels for cooking in the developing world. Another track analyzes the moral implications of existing energy policies and proposals in the United States.

"Too often, national and international energy policies have focused on protecting adequate supplies of conventional fuels with little or no regard for the long-term consequences to the people and cultures the policies are intended to benefit," said Sovacool, an internationally recognized energy security expert. "The Energy Security & Justice Project is a rare effort to broaden the scope of energy security research and examine the human factors responsible for the ultimate success or failure of these policies."

The Project, in cooperation with the MacArthur Foundation, Rockefeller Foundation, Asia Research Institute, and the National University of Singapore, has published a series of case studies examining energy security in Asia. The case studies include China's Renewable Energy Development Project, Malaysia's massive expansion of hydroelectric dams in Sarawak and Bangladesh's effort to install two million solar home systems.

In addition, Sovacool's team has partnered with Morgan Bazilian, special advisor to the Director-General of the United Nation's program on international energy and climate policy, to explore new approaches to energy governance in Energy Policy, the world's leading journal on energy supply, demand and utilization (Read the Energy Policy article).

"Global energy policymakers are experiencing an ‘a-ha' moment that questions everything we ever thought about energy security, climate change and adaptation" said Christopher Cooper, the Project's senior research fellow. "Just as global development policy underwent a radical transformation after efforts that looked good on paper failed in the field, energy policymakers are reexamining just what it means to be energy secure."

Available to comment are:
• Associate Professor Benjamin Sovacool: 802.831.1053 or bsovacool@vermontlaw.edu
• Senior Research Fellow Christopher Cooper: 202.251.7166 or ccooper@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

VT Law School Receives $1.25 Million Grant for Agriculture Center

Vermont Law School — 19 Jan 2012 17:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School has received a $1.25 million grant to support its new Center for Agriculture and Food Systems, which advocates for community-based agriculture across the United States.

The anonymous grant, which will be distributed over four years, will allow the center to hire a director with national experience and to expand its agricultural law and policy curriculum and training, research and support programs.

"This generous grant recognizes Vermont Law School's growing strength in agricultural law and policy," said Professor John Echeverria, acting director of the Environmental Law Center.

The agriculture center builds on Vermont's reputation for small-scale agricultural innovation and ethos of environmental and social sustainability. It will provide support for community-based agricultural systems, sustainable agriculture advocates, agencies, food hubs, incubators and farmers.

"This center is unique in its focus on sustainable food, food safety and the regulatory, tax and governance systems that support agricultural policy," said Dean Jeff Shields.

VLS is launching a national search for a director to work with VLS's environmental faculty, Food and Agricultural Law Society students, alumni who work in organizations such as the Institute for Agriculture and Trade Policy, the U.N. Food and Agriculture Organization, the Center for Food Safety, and the Vermont Department of Agriculture, and a network of national and international advisors.

The VLS agriculture center is:
• Expanding the law school's curriculum to create a comprehensive academic program in agriculture and food policy.
• Continuing research and education projects, such as The Farmer's Handbook for Energy Self-Reliance. The handbook is distributed to more than 4,000 farmers and taken to more than a dozen farmers' forums and conferences nationally.
• Organizing conferences for agricultural leaders such as the 2010 Food, Fuel, and the Future of Farming, which brought together more than 200 scholars, activists, policy leaders and farmers.

The center focuses on legal and policy issues related to community-based agriculture, including the regulation of food, the Farm Bill and agricultural subsidies, energy-efficient food production, energy independence for farmers and other issues that are key to retaining a successful working landscape for rural communities.

Current projects range from agriculture policy to individual faculty and student research in a variety of areas. Recent projects include a study of the regulatory barriers to grain production in Vermont, the Open Space Vermont blog, and a survey of property tax incentives for U.S. agricultural lands.

The center also is supporting the research of key scholars in sustainable agriculture and food issues by hosting a Sustainable Food Systems Summer Scholar during VLS's summer session. Last year's inaugural Summer Scholar was Mary Jane Angelo, a professor at the University of Florida Levin College of Law and a former senior attorney for the Environmental Protection Agency. This year's Summer Scholar will be Stephanie Tai, a professor at the University of Wisconsin Law School and an expert on the role of environmental and health sciences in developing regulatory safeguards.

More information about the VLS agriculture center is available at http://www.vermontlaw.edu/x12888.xml

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Failure Isn’t An Option, MLK Day Speaker Tells VT Law School

Vermont Law School — 18 Jan 2012 17:00:00 EST

Some of America's founding fathers owned slaves, but their pursuit of equality, justice and a "more perfect union" remains relevant today, Vermont Law School's Martin Luther King, Jr., Day speaker said Tuesday.

In his keynote address, Colmon Elridge III, 30, the youngest gubernatorial executive assistant in the nation, said America's failure to create a perfect union shouldn't discourage people of all races from continuing to pursue that goal.

Shirley Jefferson, associate dean for Student Affairs and Diversity, and Dean Jeff Shields told the audience that King's courage and non-violent tactics have prompted many improvements in society, but that much work remains to be done.

Elridge became executive assistant to Kentucky Gov. Steve Beshear in 2007 when he was 26. He also is the first African-American executive vice president of Young Democrats of America. In 2007, he introduced then-presidential candidate Barack Obama when he visited Lexington.

During his MLK Day talk, Elridge discussed the inconsistencies between some of the founding father's words and their actions, but he said they set the nation on a never ending struggle for justice for all its residents.

The founding fathers had "aspirational strength humbled by human weakness," which King understood to be part of humankind's "self-inflicted imperfections," he said.

But America's inability to achieve perfection "isn't an excuse not to try," he said. "Our nation's collective dream of commonality is stronger than that which separates us."

Elridge said the United States was at a critical moment in its history. He urged Americans to reject political divisiveness "for a common purpose of betterment of all people, not for what's politically expedient."

Educating Digital Lawyers: Prof. Goodenough Op-Ed in Huffington Post

Vermont Law School — 17 Jan 2012 17:00:00 EST

In a recent op-ed titled "Educating Digital Lawyers" in The Huffington Post, Vermont Law School Professor Oliver Goodenough discussed how law schools may adapt to the changing needs of the legal profession.

"The information, communication and processing innovations that we bundle under the 'digital' label are, like cheap printing before it, creating a wealth of new possibilities for how we can define, deliver and teach that set of rules and enforcement mechanisms we call law," Goodenough wrote. "While specific prediction about what the new world will look like is hard, the general prediction that we are entering into a period of extensive change seems trivially obvious. What is less obvious is whether the members of the AALS will lead the charge or get dragged, moaning and pontificating, into a new age of legal education. As workers across many fields of our evolving economy know, restructuring is painful. Creative destruction often comes at the expense of those most competent in the old system."

Read the article.

Board Strikes Down Previous Local Approval for Power Plant in Pennsylvania

Vermont Law School — 12 Jan 2012 17:00:00 EST

SOUTH ROYALTON, VT -- A 2006 local conditional use permit granted to Robinson Power Company, LLC (RPC) for the proposed construction of a 272-megawatt waste coal power plant was unanimously struck down Monday by the Robinson Township Board of Supervisors of Washington County, Penn.

The board approved a new conditional use permit that reflects the concerns of local residents and environmental groups over the impacts to air and water quality associated with power plants. Instead of the original waste coal power plant proposed, RPC is instead seeking to build one 150-MW natural gas plant and one 150-MW waste coal plant. Neither has received final approval from the board.

The new conditional use permit includes 55 conditions and the board retained the authority to revoke the permit if RPC violates any of a number of the conditions. For the first time, the board is requiring quarterly monitoring for six dangerous air pollutants at the fence line of the property and additional groundwater sampling of potentially impacted areas.

The decision comes after months of hearings on RPC's application to modify the 2006 permit to add natural gas as a fuel source for the power plant. The Environmental Integrity Project (EIP), local community group Residents Against the Power Plant (RAPP) and the Environmental and Natural Resources Law Clinic (ENRLC) from the Vermont Law School challenged RPC's application. They argued RPC was proposing an entirely new project that required the board to take a fresh look. The 2006 decision, they argued, was based on facts that are no longer valid, including a state air quality permit that had been revoked in 2010 and no longer applied to RPC's new plans.

The groups also presented the board with documents showing decades of violations at the 600-acre waste coal site where RPC proposed burying coal ash from the power plant, including a recent release of contaminated sediment that fouled a creek more than half a mile downstream from where the facility is permitted to discharge treated wastewater.

Instead of modifying just one of the conditions, as sought by the RPC, the board voted instead to nullify the 2006 permit and issue a new permit with provisions for local accountability and more protections for public health.

Cathy Lodge and other members of RAPP have long argued that the plant would cause harm to their families' health, land, water and animals. "We moved to the country so our children could grow up on land free from pollution, not across the street from a power plant. I see the new conditional use permit as an important first step in providing more protections for my family and community."

Lisa Widawsky Hallowell, an attorney with EIP, said: "This is how the process is supposed to work. The citizens showed up and presented their health and environmental concerns to the board and those concerns were taken seriously enough that the Board took back RPC's prior approval. We will continue to fight to keep dirty new pollution sources out of this community and all of western Pennsylvania and to hold polluters accountable to environmental laws."

For years, the proposed Beech Hollow waste coal power plant has been a contentious issue for residents near the proposed site. The project has been rife with permitting problems, ongoing pollution concerns and a ack of transparency of exactly what would be constructed and operated. Lisa Graves-Marcucci, PA outreach coordinator for EIP, said: "It's always been about health protections. Since 2005, the citizens and I have been working for more accountability to protect the people of the neighboring communities. This board has taken important steps to include health as a major priority."

In the previous 2006 permit fight, the board blocked some citizens from participating in the public hearing, but this time the board included all who wanted to speak and all facts presented.

Ken Rumelt, staff attorney with the ENRLC, said: "The board heard all the evidence and decided they couldn't simply rubber stamp this project. The board has put everyone on notice that this community takes its health and welfare very seriously and is not going to allow anyone to come in and put their well-being at risk."

More information is available from:
• Lisa Hallowell, attorney, EIP: lhallowell@environmentalintegrity.org, (202) 294-3282
• Ken Rumelt, staff attorney, ENRLC: krumelt@vermontlaw.edu, (802) 831-1630
• Lisa Graves-Marcucci, coordinator of PA community organizing, EIP: lgmarcucci@environmentalintegrity.org, (412) 897-0569

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Prof. Porto's New Book Argues for More Due Process in College Sports

Vermont Law School — 09 Jan 2012 17:00:00 EST

Vermont Law School Associate Professor Brian Porto's new book, "The Supreme Court and the NCAA: The Case for Less Commercialism and More Due Process in College Sports," was recently published.

Two U.S. Supreme Court decisions, NCAA v. Board of Regents (1984) and NCAA v. Tarkanian (1988), have shaped college sports by permitting the emergence of a supercharged commercial enterprise with high financial stakes for institutions and individuals, while failing to guarantee adequate procedural protections for persons charged with wrongdoing within that enterprise.

Porto examines the conditions that led to the cases, the reasoning behind the justices' rulings and the consequences of those rulings.

Arguing that commercialized college sports should be compatible with the goals of higher education and fair to all participants, Porto suggests that the remedy is a federal statute. His proposed College Sports Legal Reform Act would grant the NCAA a limited "educational exemption" from the antitrust laws, enabling it to enhance academic opportunities for athletes. The Act would also afford greater procedural protections to accused parties in NCAA disciplinary proceedings.

Porto's prescription for reform in college sports makes a significant contribution to the debate about how best to address perennial problems in college sports such as cost containment, access to a meaningful education for athletes and fairness in rule enforcement.

Political Advisor Colmon Elridge III to Mark Martin Luther King Jr. Day at Vermont Law School

Vermont Law School — 09 Jan 2012 17:00:00 EST

SOUTH ROYALTON, VT -- Colmon Elridge III, the youngest gubernatorial executive assistant in the nation, will be the keynote speaker Tuesday, Jan. 17 at Vermont Law School's observance of Martin Luther King, Jr. Day. The event, which is from 12:45 p.m. in the Chase Community Center, is free and open to the public.

Elridge's talk, titled "Building the More Perfect Union," will discuss King's contention that America's failure to ensure civil rights violates the mandate of the founding fathers, who realized that the union would never be perfect but that Americans should still pursue a more perfect union.

Elridge became executive assistant to Kentucky Gov. Steve Beshear in 2009 when he was 27. He is executive vice president of Young Democrats of America and served as the first black National Committeeman for the Kentucky Young Democrats. In 2007, he introduced then-presidential candidate Barack Obama when he visited Lexington.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Week of Jan. 2

Vermont Law School — 09 Jan 2012 17:00:00 EST

NPR, whose story was picked up by NPR affiliates nationwide, and Inside Climate News spoke with Professor Pat Parenteau on Jan. 4-5 about the proposed Keystone XL oil pipeline.

Greenwire talked to Professor Pat Parenteau on Jan. 3 about the potential environmental impacts of a proposed 130-mile railroad project that would transport coal through Montana.

Japan Today, Orange County Register, Epoch Times, Green Faction and other media quoted Mark Cooper and Adjunct Professor Peter Bradford on Jan. 2 about Cooper's new study predicting that regulatory fallout from Japan's nuclear disaster will hamper nuclear power plant construction in the U.S. Cooper is is a senior research fellow for economic analysis at the Institute for Energy and the Environment.

Scripps News, Puerto Rico Daily Sun and other media ran a Salt Lake Tribune story Jan. 2 quoting Professor Michael McCann on a potential antitrust lawsuit against the Bowl Championship Series.

Weeks of Dec. 12, 19, 26

Vermont Law School — 02 Jan 2012 17:00:00 EST

The Salt Lake Tribune talked to Professor Michael McCann on Jan. 1 about a potential antitrust lawsuit against the Bowl Championship Series.

The Burlington Free Press spoke with Professor Cheryl Hanna on Dec. 30 about a proposed rule to authorize Vermont law enforcement officials to break into residences, businesses and other premises to place tracking devices.

The New York Times talked to Adjunct Professor Peter Bradford on Dec. 28 about a dispute within the U.S. Nuclear Regulatory Commission.

The Los Angeles Times, McClatchy News Service, Daily Kos, SNL Financial, Reuters, Yahoo! News, Platts and other media talked to Mark Cooper and Adjunct Professor Peter Bradford on Dec. 28-29 about Cooper's new study finding that regulatory fallout from Japan's nuclear disaster will hamper nuclear power plant construction in the U.S. Cooper is is a senior research fellow for economic analysis at the Institute for Energy and the Environment.

Hearst Newspapers, whose story ran in the Houston Chronicle and other news outlets nationwide, spoke with Associate Professor Teresa Clemmer on Dec. 28 about the EPA's new air pollution regulations that require power plants in 28 states to cut smog- and soot-forming emissions that cross state lines.

NPR mentioned Professor Michael McCann in a Dec. 27 story about a lawsuit against the NFL by former players who have had concussions.

ClimateWire talked to Professor Pat Parenteau on Dec. 23 about the proposed Keystone XL oil pipeline.

Reuters, whose Dec. 22 story was carried by Scientific American and other media, spoke with Adjunct Professor Peter Bradford about the prospects for nuclear power.

Reuters carried an Inside Climate News story on Dec. 22 talking to Professor Pat Parenteau about the political fallout from the Keystone XL pipeline controversy.

In his Sports Illustrated column Dec. 22, Professor Michael McCann discussed the sentencing of boxer Floyd Mayweather Jr. for domestic violence.

The Huffington Post, Moms Clean Air Force and Daily Kos quoted Associate Professor Teresa Clemmer on Dec. 21-23 about the EPA's new rules to limit mercury and other toxic air pollutants.

Platts spoke with Professor Pat Parenteau on Dec. 19 about the EPA's legal position in defense of its challenged greenhouse gas tailoring rule.

The Burlington Free Press reported Dec. 19 on volunteers, including VLS students, who helped South Royalton residents hurt by Tropical Storm Irene.

CBS The Early Show spoke with Professor Michael McCann on Dec. 17 about the arrest of NFL player Sam Hurd on drug charges and the possible implications for the league and other players.

WAMC Northeast Public Radio talked to Professor Michael Dworkin on Dec. 16 about Vermont's Comprehensive Energy Plan.

In his two Sports Illustrated columns Dec. 16, Professor Michael McCann discussed the sentencing of former baseball star Barry Bonds for obstruction of justice and the arrest of NFL player Sam Hurd on drug charges.

CBS News talked to Associate Professor Jennifer Taub on Dec. 15 about the salaries and other benefits given to the top-paid CEOs in the U.S.

Greenwire spoke with Professor Pat Parenteau on Dec. 15 about a new survey that found federal agencies are inconsistent in their analysis of how climate change would affect large projects.

Miller-McCune online magazine spoke with Professor Gus Speth on Dec. 15 about "degrowth" economics.

NPR, Bloomberg Businessweek, Gannett News Service, whose stories were picked up by affiliates nationwide, and other media talked to Adjunct Professor Peter Bradford on Dec. 14 about a dispute within the the U.S. Nuclear Regulatory Commission.

Professor Michael McCann talked to several radio stations Dec. 14-16 about the Penn State sexual abuse scandal, Barry Bonds' sentencing and other issues: Jim Rome Show, Yahoo! Sports Radio, Knoxville WNML, Toronto 590, ESPN Burlington, Portland (Oregon) 750 AM and KCBS Los Angeles.

The Huffington Post ran an op-ed on Dec. 13 about adapting to climate change by Associate Professor Benjamin Sovacool.

In his Sports Illustrated column Dec. 13, which was cited by The New York Times, Professor Michael McCann discussed the tactics being used by the lawyer for the former Penn State football coach accused of sexually assaulting children.

In a Vermont Public Radio commentary Dec. 12, Professor Cheryl Hanna discussed whether government holiday displays to commemorate the season are legal.

Renew Grid and other media reported Dec. 12 on the Institute for Energy and the Environment's partnership with Sandia National Laboratory to establish a joint Center for Energy Transformation and Innovation.

Greenwire ran a Tampa Tribune story Dec. 12 talking to Mark Cooper about a failed repair project at a nuclear plant in Florida. Cooper is a senior research fellow for economic analysis at the Institute for Energy and the Environment.

The New York Times, Los Angeles Times, National Geographic Daily News, Huffington Post, High Country News, National Law Journal, Wall Street Journal, Reuters, Yahoo! News, Digg, NPR Seattle affiliate KUOW, Vermont Public Radio, WCAX, EcoWatch, Burlington Free Press and other media reported Dec. 12-22 on VLS's Top 10 Environmental Watch List, which examined the most important environmental law and policy issues of 2011-12 as chosen by VLS faculty and students.

National Media Report on VT Law School's Top 10 Environmental Watch List

Vermont Law School — 16 Dec 2011 17:00:00 EST

The New York Times was among the many media nationwide that reported on the Dec. 12 launch of Vermont Law School's second annual Top 10 Environmental Watch List.

The Watch List spotlights the nation's most critical environmental law and policy issues of 2011 and how they may play out in 2012.

"There are only a few weeks till 2012, which means you are probably trying to shovel your way through the flurries of 'year-in-review' summaries that tend to accumulate around this time," the High Country News said. "One that stands out is Vermont Law School's Top 10 Environmental Watch List, the venerated law school's yearly synthesis of the country's most pressing and topical environmental issues and developments."

Read the coverage: Los Angeles Times, National Law Journal, High Country News, New York Times, National Geographic Daily News, Huffington Post and Vermont Public Radio.

Is the Durban Platform a Suicide Pact?

Vermont Law School — 16 Dec 2011 17:00:00 EST

Vermont Law School Professor Pat Parenteau, whose expertise includes climate change, wrote the following commentary on the United Nations Framework Convention on Climate Change in Durban, South Africa, which concluded Dec. 11, 2011:

Measured against the goal of saving the Kyoto protocol and avoiding the complete collapse of the U.N. framework for addressing climate change, Durban was a qualified success. Measured against the goal of acting in time to avoid the catastrophic consequences of climate change, however, Durban was a bust.

Thanks to an 11th hour deal brokered by the European Union and India, the delegates from 194 nations adopted the Durban Platform, which breaches the controversial "firewall" between developed and developing nations and calls for negotiating a comprehensive emissions reduction "instrument" by 2015 that would enter into force by 2020. Not necessarily a mandate to achieve specific limits, but an instrument with "legal force."

Unfortunately, even with a binding agreement by 2020 it will be too late to hold average global temperatures below the 2° C target agreed to in the Copenhagen Accord. That's the target leading climate scientist James Hansen says is too high and will likely result in the loss of the Greenland ice sheet, leading to a 20-foot sea level rise over several centuries. According to the 2011 World Energy Outlook published by the International Energy Agency, the world has less than five years to avoid a "carbon lock-in" caused by a multi-trillion dollar investment in fossil fuel sources. That would boost global temperatures by at least 3.5 °C by 2100, with catastrophic effects in many parts of the world from flooding, drought, famine, heat waves and disease. In fact, the increase could well be closer to 4° C, given nasty feedbacks like the accelerated melting of Arctic permafrost that is well underway.

What would a 4° C world be like? Here's how Kevin Anderson, director of the prestigious Tyndall Energy Program describes it: "A 4 degrees C future is incompatible with an organized global community, is likely to be beyond 'adaptation', is devastating to the majority of ecosystems and has a high probability of not being stable." Translation: a planet you would not want to bequeath to your grandchildren.

Delaying action until 2020 also means that the costs of carbon reduction would be four times greater than they would be today, according to IEA. On a more positive note, Durban did produce a management framework, the Green Climate Fund, which will eventually gather and disburse some $100 billion per year by 2020 to help poor countries develop cleanly and adapt to climate impacts. The proposed fund can help draw private capital into international climate finance. Some progress was also made on addressing deforestation, which is responsible for 15 percent of the emissions -- more than the combined emissions of all of the motor vehicles on the planet.

Sadly, the Obama administration was essentially a no-show in Durban, electing to send a low level delegation and keeping a low profile with an eye toward the 2012 elections. Overtures from the Chinese were rebuffed; expectations were constantly lowered; no substantive proposals were forthcoming. This may be good negotiating strategy for a trade agreement but not when the stakes are the future of civilization on earth.

While some may argue that any agreement is better than no agreement, Durban could turn out to be a suicide pact unless the major greenhouse gas emitters come to their senses, stop posturing and immediately commit to de-carbonizing the global economy. Last year saw a record increase in CO2 emissions of nearly six percent despite a weak economy. By 2020, we'd better have turned that around. Another "instrument" won't cut it.

EPA’s Mercury Rules: VT Law School Expert Available to Comment

Vermont Law School — 16 Dec 2011 17:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School Associate Professor Teresa Clemmer is available to comment on the EPA's new rules to limit mercury and other toxic air pollution from power plants. The rules are to be announced Friday.

Clemmer, a nationally known expert on air pollution, can be reached at 802.831.1136 or tclemmer@vermontlaw.edu

The EPA's new rules would require power plants that burn coal to cut more than 90 percent of the mercury from their exhaust within three years. The plants also would have to cut arsenic, acid gases and other pollutants that cause premature deaths, respiratory and heart disease and cancer.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Today’s House Vote on Keystone Pipeline: VT Law School Experts Available to Comment

Vermont Law School — 16 Dec 2011 17:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School has experts available to comment on the House's expected vote today to fast-track approval of the controversial Keystone XL pipeline proposal.

Professor Pat Parenteau, whose expertise includes climate change and environmental policy and litigation, can be reached at 802.831.1305 or pparenteau@vermontlaw.edu

Professor John Echeverria, whose expertise includes climate change and land use regulation, can be reached at 802.831.1386 or jecheverria@vermontlaw.edu

Professor Gus Speth, whose expertise includes climate change, can be reached at 802.831.1192 or gspeth@vermontlaw.edu

The House is expected to pass a bill today to extend the payroll tax cut and speed the approval process of the Keystone XL oil pipeline. The State Department has delayed a decision on the pipeline until 2013 to further study's its environmental impacts, and President Obama has said he will reject any effort to link the pipeline to extending the payroll tax cut.

The Keystone provision directs the president to grant a permit for the pipeline within 60 days, but not if he determines the pipeline "would not serve the national interest." He would then have 15 days to explain his decision to Congress, but the timeframe would require a decision by the spring if the bill passes before the end of the year.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Weeks of Nov. 28-Dec. 5

Vermont Law School — 15 Dec 2011 17:00:00 EST

The Tampa Tribune spoke with Mark Cooper on Dec. 11 about a failed $2.5 billion repair project at a nuclear plant in Florida. Cooper is a senior research fellow for economic analysis at the Institute for Energy and the Environment.

The Burlington Free Press talked to James Maroney '12 on Dec. 11 about his effort to reduce farm pollution from washing into Lake Champlain.

The Valley News spoke to Assistant Professor Siu Tip Lam on Dec. 11 about U.S. Supreme Court Justice Sonia Sotomayor's talk at the Vermont Women's Economic Opportunity Conference.

WCAX talked to Professor Cheryl Hanna on Dec. 9 about efforts to make public the police records involved in an incident in which police responding to a burglary report handcuffed and pepper-sprayed a Vermont man in his home.

The Caledonian Record and VTDigger quoted Assistant Professor Don Kries in a Dec. 9 story about a local journalist's arrest for trespassing while covering a controversial wind turbine project.

Vermont Public Radio spoke with Associate Professor Michele Martinez Campbell and Windsor County State's Attorney Robert Sand, a VLS visiting professor, about efforts to encourage the federal government to reclassify marijuana as a drug in the same category as many prescription drugs.

The Puerto Rico Daily Sun reported Dec. 7 on the Environmental and Natural Resources Law Clinic's work to stop a controversial natural gas pipeline proposal.

Vermont Public Radio talked to Professor Cheryl Hanna on Dec. 7 about the U.S. Supreme Court's upcoming review of the constitutionality of President Obama's health care plan, and U.S. Supreme Court Justice Sonia Sotomayor's talk at an upcoming conference in Vermont.

Bloomberg News spoke with Professor Michael McCann on Dec. 6 about the NBA labor settlement.

The South Florida Business Journal mentioned Professor Michael McCann in a Dec. 6 story about a lawsuit invovling the New York Mets owners and convicted Ponzi schemer Bernard Madoff.

CNN Radio's "Wall Street Shuffle" talked to Professor Michael McCann on Dec. 5 about the NBA labor settlement, the Penn State sexual abuse scandal and other issues.

WWL Radio New Orleans spoke with Professor Michael McCann on Dec. 5 about high-priced contracts for college football coaches.

The Ventura County Star talked to Professor John Echeverria on Dec. 5 about a California municipal water district's lawsuit against the federal government seeking reimbursement for water it had to provide for endangered species.

Vermont Public Radio talked to Professor Oliver Goodenough on Dec. 2 about a trademark dispute between a Vermont folk artist promoting local agriculture and the nation's second-largest chicken restaurant chain.

PBS's FRONTLINE spoke with Professor Michael McCann on Dec. 2 about a class-action lawsuit by college athletes who accuse the NCAA of negligence and inaction regarding head injuries.

PolicyMic ran an op-ed by Joseph Kaifala '13 on Dec. 2 titled "The Problems With Sending African Leaders To The Hague."

Bloomberg News, whose story was picked by Yahoo! Finance, talked to Professor John Echeverria on Dec. 1 about efforts to to break new ground in lawsuits challenging the U.S. takeover of AIG in a bailout that reached $182 billion.

WCAX spoke to Professor Cheryl Hanna on Dec. 1 about standards of evidence in trial of a man accused of killing a baby.

Vermont Public Radio talked to Professor Cheryl Hanna on Nov. 30 about the madness of the holiday season.

Vermont Public Radio spoke with Professor Cheryl Hanna on Nov. 29 about Sen. Patrick Leahy's bill that would allow TV cameras inside the U.S. Supreme Court.

Vermont Public Radio and Equal Time Radio spoke with Associate Professor Jennifer Taub on Nov. 28 about about a constitutional amendment to ban corporate personhood.

The Huffington Post, MSNBC, CBS News, ABC News, Yahoo! Finance, Seattle Times, Denver Post, Christian Science Monitor and nearly 200 other media outlets around the world ran an Associated Press story on Nov. 28 in which Professor Oliver Goodenough discussed a trademark dispute between a Vermont folk artist promoting local agriculture and the nation's second-largest chicken restaurant chain.

Sports Illustrated/CNN Video and Voice of Russia spoke with Professor Michael McCann on Nov. 28 about a Syracuse Univesity basketball coach accused of child molestation.

NPR and NBA TV included Professor Michael McCann in their Nov. 28 coverage of the NBA labor settlement.

Weeks of Nov. 14-21

Vermont Law School — 14 Dec 2011 17:00:00 EST

In his Sports Illustrated column Nov. 26, Professor Michael McCann discussed the tentative labor agreement between NBA owners and players.

The Mark Johnson Show WDEV FM 96.1 and WGDR's Gathering Peace spoke to Associate Professor Jennifer Taub on Nov. 21-22 about a constitutional amendment to ban corporate personhood.

The Rutland Herald talked to Associate Professor Michele Martinez Campbell on Nov. 20 about a self-defense claim in an attempted burglary.

ESPN's Radio's Miami affiliate spoke to Professor Michael McCann on Nov. 18 about child abuse allegations against a Syracuse University basketball coach.

SNL Financial, Smart Grid News, Smart Meters, Public Power Daily, Renew Grid, Power Engineering and other media reported Nov. 17 on an Institute for Energy and the Environment study's early findings that smart grid projects can not reach their potential without unprecedented collaboration between government, industry and academia.

VTDigger ran an op-ed Nov. 17 by Assistant Professor Don Kreis on the dispute over wind turbines planned for a Vermont mountaintop.

WCAX spoke to Professor Cheryl Hanna on Nov. 16 about the Occupy Burlington protesters and the constitutionality of Christmas decorations in public places.

Seven Days profiled Professor Gus Speth on Nov. 16, including his role in protesting the Keystone XL oil pipeline proposal.

In his Sports Illustrated column, the Japanese TV show "Tokudane!" (Fuji Television Network), CBS News' Pittsburgh affiliate, Toronto 590 AM, Dallas 1310 AM, WNIO 1390 AM (Youngstown, Ohio) and other media on Nov. 15-19, Professor Michael McCann discussed how the Penn State sexual abuse scandal could be affected by a TV news interview with the accused child molester.

The International Business Times (United Kingdom) reported Nov. 14 on an Institute for Energy and Environment study that found the United States' energy security won't improve if the nation switches from oil to coal for most of its electricity and transportation needs.

NBA TV (here, here and here), Sports Illustrated/CNN Video, NBA News, Boston Globe, (Boston Globe again) Los Angeles Times, Salt Lake City Tribune, Cleveland Plain Dealer, National Review and SB Nation spoke with Professor Michael McCann on Nov. 14-21 about the NBA labor negotiations.

The Cutting Edge talked to Professor Michael McCann on Nov. 14 about Congressional involvement in sports.

Conservation Groups Petition for Emergency Federal Listing of Rare Tree Frog Threatened by Pipeline Project

Vermont Law School — 12 Dec 2011 17:00:00 EST

SOUTH ROYALTON, VT -- A coalition of conservation groups and scientists petitioned the U.S. Fish and Wildlife Service today to immediately list a tiny tree frog endemic to Puerto Rico under the Endangered Species Act.

Read the petition for an emergency listing, which was filed by Vermont Law School's Environmental and Natural Resources Law Clinic (ENRLC).

The coquí llanero, which is known to live only within a small wetland complex, is threatened with imminent extinction from the proposed construction of the Vía Verde natural gas pipeline project, which would damage lands and waters critical to the frog's only known habitat.

The Fish and Wildlife Service proposed ESA protection for the dime-sized frog in October, but a proposed listing carries no legal protection. ESA protection will require the U.S. Army Corps of Engineers to consult on the project and ensure no harm to the frog or its critical habitat.

The Corps issued a draft environmental assessment for the pipeline on Nov. 30, signaling its intent to approve the project as proposed. Construction could begin early next year, prompting the need for immediate protection under the ESA.

"This tiny tree frog depends on wetland vegetation that only occurs within a 600-acre parcel that is threatened by the construction of the pipeline," said amphibian expert Neftalí Ríos, who discovered the species in 2005.

"It is evident that Via Verde threatens to destroy this extraordinary frog's last remaining habitat, so we urge the Fish and Wildlife Service to take swift action," said Jaclyn Lopez, a staff attorney with the Center for Biological Diversity.

Professor Pat Parenteau, senior counsel to the ENRLC, said: "Unless the Fish and Wildlife Service moves quickly to list this species, its fate may be decided before there is a chance to save it."

According to the Fish and Wildlife Service, in addition to development, the coquí llanero is threatened by other factors, including habitat degradation for flood control projects and competition from invasive wetland plant species. It also is challenged by its highly specialized ecological requirements and limited population distribution, low reproductive capacity, water and soil pollution, use of herbicides, brush fires, and inadequate regulations for its protection.

In October, the coalition of conservation groups filed a notice of intent to sue the Army Corps of Engineers under the ESA pending approval of the proposed pipeline through ecologically sensitive areas in Puerto Rico. Under the ESA, the Corps must consult with the Fish and Wildlife Service to ensure that the project will not threaten the survival of any of the 44 species that will be affected.

The Corps' analysis has been sharply criticized by scientists who are most familiar with the 44 species. The 92-mile pipeline, which has provoked widespread opposition over environmental and safety concerns, would traverse the island of Puerto Rico. It would run through heavily populated areas as well as mountains, rainforests, natural reserves, karst regions, coastal areas and other sensitive areas inhabited by endangered wildlife and plants, including manatees, hawks and snakes. The project's sponsor maintains that the pipeline will reduce electric rates, but opponents maintain there are more cost effective and less damaging alternatives.

The coalition seeking an emergency listing of the coquí llanero includes the Ciudadanos del Karso (Citizens of Karst), Federación Espeleológica de Puerto Rico (Speleological Federation of Puerto Rico), the Center for Biological Diversity and the Sierra Club.

Available to talk to the media are:
• Professor Pat Parenteau: 802.831.1305, pparenteau@vermontlaw.edu
• Attorney Jaclyn Lopez: 415.436.9682 ext. 305, jlopez@biologicaldiversity.org

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Nation’s Premier Environmental Law School Unveils Top 10 Environmental Watch List for 2012

Vermont Law School — 12 Dec 2011 17:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School today released its second annual Top 10 Environmental Watch List, spotlighting the nation's most critical environmental law and policy issues of 2011 and how they may play out in 2012.

The Watch List is available at http://watchlist.vermontlaw.edu/

This year's report contains 10 essays, plus a Special Mention essay and three additional issues to watch in 2012. The issues were chosen based on their significance to the environment and public well being and whether a key development is expected in the coming year.

"This year's Watch List is especially important given the continuing fallout from the Fukushima nuclear disaster in Japan," Dean Jeff Shields said. "We also saw unprecedented attacks on the EPA as well as the Obama administration's mixed messages on environmental issues, which have been confusing to the public, conservationists and industry alike. Our Watch List helps to clarify these issues and others that are so critical in the coming election year."

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

VT Law School to Unveil Top 10 Environmental Watch List for 2011-12

Vermont Law School — 05 Dec 2011 17:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School will release its second annual Top 10 Environmental Watch List at 9 a.m. on Monday, Dec. 12, 2011, to spotlight the nation's most critical environmental law and policy issues of 2011 and how they may play out in 2012.

The report, which is produced by the top-ranked U.S. environmental law school, will be available at http://watchlist.vermontlaw.edu/

Advance embargoed copies are now available upon request, along with advance interview arrangements, by contacting John Cramer at 802-831-1106 or jcramer@vermontlaw.edu

The Watch List is written by VLS's Environmental Law Center faculty and Vermont Journal of Environmental Law students, who provide common-sense insight into current and upcoming judicial, regulatory, legislative and other issues.

The report's goal is promote public understanding of environmental issues that affect our everyday lives and the natural world.

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Justice for All: VT Law School Supports Poverty Law Coalition, Fellowships

Vermont Law School — 02 Dec 2011 17:00:00 EST

Continuing its tradition of supporting access to justice for all, Vermont Law School and VLS's South Royalton Legal Clinic recently helped host a reception for the Vermont Poverty Law Fellowships program and Vermont Access to Justice Coalition.

The Nov. 28 event in Montpelier included U.S. Rep. Peter Welch, who said the Vermont legal community's ongoing support for the Fellowships has enabled the program to attract candidates nationally to fill a position that contributes to the well being of Vermont's residents, legal community and courts.

Vermont Poverty Law Fellows Grace Pazdan (2008-2010) and Jessica Radbord (2010-2012) told moving stories about clients they have helped--Pazdan as foreclosure crisis fellow and Radbord as safe housing fellow.

Representing VLS at the event were Professor James May, director of the SRLC, and Professor Kinvin Wroth.

The Vermont Access to Justice Coalition includes the Vermont Supreme Court, Vermont Bar Association, Vermont Bar Foundation, Vermont Law School, South Royalton Legal Clinic, Law Line of Vermont, and Vermont Legal Aid. Coalitions similar to Vermont's exist in most states and all are focused on increasing access to justice.

The Vermont Access to Justice Coalition meets monthly at the Vermont Supreme Court. Members share their expertise to craft solutions designed to improve legal representation for low-income Vermonters in civil cases. Two major current efforts are the Access to Justice Campaign, which funds the Vermont Poverty Law Fellow, and a new civil legal needs canvassing effort being conducted in counties across the state. The coalition also works to create new pro bono and low bono (moderate fee for service) opportunities for legal representation of Vermont's indigent citizens.

ENRLC Weighs In On Nitric Acid Rulemaking

Vermont Law School — 30 Nov 2011 17:00:00 EST

Vermont Law School's Environmental and Natural Resources Law Clinic (ENRLC) recently submitted comments to the Environmental Protection Agency on the agency's proposed revision of its outdated air pollution standards for nitric acid plants. The ENRLC submitted the comments on behalf of the Environmental Integrity Project, Sierra Club, and Natural Resources Defense Council.

The EPA has proposed strengthening the standard for nitrogen oxides (NOx) from new, modified, and reconstructed nitric acid plants to limit ozone, particulate matter, visibility, acid rain and other end results of NOx pollution. But the agency has failed to propose any standard for nitrous oxide (N2O) emissions. N2O is a powerful greenhouse gas with a global warming potential 310 times that of carbon dioxide, and the nitric acid industry is the largest industrial source of such emissions. Most nitric acid is used to produce fertilizer.

The ENRLC's comments express support for the stronger NOx standard but emphasize that the EPA's failure to include a nitrous oxide standard is unlawful. The agency's final rule is due by March 30, 2012.

There are an estimated 40 nitric acid plants in the United States. The proposed rule would only apply to those facilities if they modified their production facilities. The EPA estimates that six new facilities will come on line over the next five years and be subject to these requirements. The agency estimates the total annual costs to comply with this proposed rule would be negligible for the industry and consumers. These technologies have the ability to eliminate well over 90 percent of nitrous oxide emissions.

The ENRLC's Chris Ahlers and Ken Rumelt, both LLM Fellows, and Monica Litzelman, a litigation paralegal, prepared the clinic's comments and assembled scientific studies and other supporting materials for inclusion in the administrative record.

Read the comments.

Read the EPA's fact sheet.

The EPA is also developing greenhouse gas standards for power plants, petroleum refineries, and other industrial categories, but it has not issued standards for any of these industrial categories.

Professor Teresa Clemmer

"Over the past two years, EPA has taken remarkable steps to begin regulating greenhouse gases under the Clean Air Act," said Associate Professor Teresa Clemmer, acting director of the ENRLC. "Its initial rules have focused on mobile sources and facility-by-facility permitting under the Prevention of Significant Deterioration permitting program. Many environmental groups believe one of the most important next steps is sector-by-sector regulation of stationary sources under the New Source Performance Standards program. Through petitions and litigation, environmental groups are pressuring EPA to begin regulating power plants, petroleum refineries, Concentrated Animal Feeding Operations, and other industrial sectors. As part of this effort, the ENRLC has been representing the Sierra Club and Environmental Integrity Project in a deadline suit against EPA relating to its overdue review of the NSPS for nitric acid plants."

Grizzly Bears: Professors Tuholske, Pease Help Restore Protected Status for Top Predator

Vermont Law School — 30 Nov 2011 17:00:00 EST

Vermont Law School professors Jack Tuholske and Craig Pease played a major role in a federal appellate court's recent decision to restore Endangered Species Act protection for grizzly bears in the Yellowstone region.

The U.S. Fish and Wildlife Service maintains that grizzlies and their habitat in the greater Yellowstone ecosystem have recovered enough to be placed under state management. But the U.S. Ninth Circuit Court of Appeals on Nov. 22 struck down federal wildlife managers' 2007 decision to remove the bears from the endangered species list.

The court said the federal agency had not fully considered the decline of whitebark pines, whose seeds are a major food source for grizzlies. The court cited climate change's role in the destruction of whitebark pine forests.

Tuholske handled the case successfully in U.S. District Court, while Earthjustice handled the case before the appellate court. Pease consulted extensively with Tuholske and was one of the scientists relied upon to help restore the grizzlies' federal protection.

Professor Jack Tuholske

"Grizzly bears face a potentially tragic future because their habitat is one of the first to feel the effects of climate disruption," Tuholske said. "This decision provides continued protection for these bears and sets the bar high for the government in terms of scientific integrity in the face of impacts from climate change."

Grizzly bears, one of the American West's most iconic wild animals, have tripled in population to about 600 under federal protection in the greater Yellowstone region over the last 35 years. The court's ruling makes them only the second wildlife species, after the polar bear, to earn protection from harm caused by global warming.

Tuholske, who specializes in public interest environmental litigation throughout the West, has been involved in seminal decisions in environmental, land use, and constitutional law.

Professor Craig Pease

Pease, a research scientist, has expertise in demographic and population models, particularly of plants, songbirds, and bears. He is a leading expert on the Yellowstone grizzlies.

Nearly Tip Off Time: Prof. McCann Examines Tentative NBA Labor Settlement

Vermont Law School — 30 Nov 2011 17:00:00 EST

Vermont Law School Professor Michael McCann, one of America's leading sports law experts, has been busy lately providing the nation's media with legal analysis of the tentative labor agreement between NBA owners and players.

Read McCann's Sports Illustrated column.

Watch NBA TV.

"If all goes as planned, the free agency period will begin on Dec. 9, the regular season will begin on Christmas Day and the players' and owners' agreement will last 10 years, with each side able to opt-out after six," McCann writes in SI.com. "All may not go as planned, however, as the league and its players -- some of whom are playing overseas -- still have a number of pressing obstacles to overcome in what are shaping up as frantic days ahead."

McCann, who is director of VLS's Sports Law Institute, is the legal analyst for Sports Illustrated and NBA TV. He also is co-founder of The Project on Law and Mind Sciences at Harvard Law School and teaches a sports law and analytics reading group at Yale Law School.

You Want Kale with That Chicken? Prof. Goodenough Examines Trademark Dispute Between Vermont Artist and Fast Food Chain

Vermont Law School — 30 Nov 2011 17:00:00 EST

In a food fight not over nutrition but brand protection, Professor Oliver Goodenough recently spoke to the Associated Press about the trademark dispute between a Vermont folk artist promoting local agriculture and the nation's second-largest chicken restaurant chain.

AP's story was picked up worldwide by more than 150 media outlets, including ABC News, the Huffington Post, MSNBC and Yahoo! Finance.

Lawyers for Chick-fil-A, whose advertising uses the trademarked phrase "eat mor chikin," sent the Vermont artist a letter demanding he stop producing T-shirts and sweatshirts with the slogan "Eat More Kale."

Goodenough's expertise includes intellectual property and copyright law. His research and writing at the intersection of law, economics, finance, media, technology, neuroscience and behavioral biology make him a national authority in several emerging areas of law.

Draft Environmental Assessment Released On Controversial Pipeline Project in Puerto Rico

Vermont Law School — 30 Nov 2011 17:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School has experts available to discuss the U.S. Army Corps of Engineers' release today of its draft environmental assessment for the permit application for the controversial Via Verde natural gas pipeline project in Puerto Rico.

The Corps announced Tuesday that the document is available for a 30-day public comment period beginning today, after which the Corps will finalize the document and determine future actions.

Journalists must notify the Corps' Nancy Sticht via e-mail (Nancy.J.Sticht@usace.army.mil) by noon today to participate in a media roundtable on Thursday, Dec. 1, at 10 a.m. EST. Members of the media can call in to the roundtable by dialing 888.622.5357 and entering participant code 286290. Read the Corps' news release.

Vermont Law School's Environmental and Natural Resources Law Clinic (ENRLC) has filed a notice of intent to sue the Corps based on numerous violations of the Endangered Species Act and other federal laws. The ENRLC is serving as co-counsel for a coalition of community and conservation groups. Read the VLS news release.

Available to talk to the media are:
• Professor Pat Parenteau: 802.831.1305, pparenteau@vermontlaw.edu
• Associate Professor Teresa Clemmer, acting director of the ENRLC: 802.831.1136, tclemmer@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Bam, Pow, Crash! Professor Goodenough Examines Comic Books Dispute

Vermont Law School — 16 Nov 2011 17:00:00 EST

Vermont Law School Professor Oliver Goodenough -- a legal superhero in his own right -- and Stephen Bissette of the the Center for Cartoon Studies recently discussed the legal and ethical aspects of the copyright dispute between Marvel Comics and comic book legend Jack Kirby, who created such iconic characters as the X-Men, Captain America, Thor, Iron Man, Incredible Hulk, Fantastic Four and others.

Listen to the discussion posted on The Comics Journal.

Read coverage in The Hollywood Reporter.

Goodenough's research and writing at the intersection of law, economics, finance, media, technology, neuroscience and behavioral biology make him an authority in several emerging areas of law. He is a Professor of Law and the Director of Scholarship at VLS and a Faculty Fellow at The Berkman Center for Internet & Society at Harvard University, where he is co-director of the Law Lab project.

Bissette is a founding faculty member at the Center for Cartoon Studies in White River Junction, Vt., and has been a champion for creator rights for decades.

Rights on Land and Water: Takings Law Conference to Explore Environmental Regulations

Vermont Law School — 15 Nov 2011 17:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School and Georgetown University Law Center will co-host the 14th annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations on Friday, Nov. 18, in Washington, D.C.

The conference will bring together some of the nation's leading scholars and practitioners to discuss cutting edge issues raised by recent and pending court cases and new initiatives involving land use and environmental regulation.

Key questions to be asked:
• Is the government liable for a taking for causing or contributing to the flooding of private lands?
• Does a lack of "reasonable investment-backed expectations" bar a takings claim?
• Can courts and litigators make sense of the notoriously muddy Penn Central analysis?
• What novel and difficult takings problems is climate change likely to produce?
• How do private rights in land and water differ, and what are the implications of these differences for takings litigation?

Professor John Echeverria, one of the nation's top experts on takings law, is available to comment at 802.831.1386 or jecheverria@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Smart Grid Collaboration Needed to Repower U.S., VT Law School Study Suggests

Vermont Law School — 15 Nov 2011 17:00:00 EST

SOUTH ROYALTON, VT -- The United States needs unprecedented collaboration among electric utilities, government, industry and academia to create a smart grid with clear policies, empowered customers, demonstrated cost savings and a greener environment, according to early results in Vermont Law School's national smart grid research project.

Researchers at VLS's Institute for Energy and the Environment are studying the legal, policy and regulatory hurdles to upgrading the U.S. electric system with smart grid technology. The federal government has awarded $3.4 billion in stimulus funds to utilities and other entities, making the smart grid a key part of the U.S. clean energy agenda.

Vermont, California, Texas and a handful of other states have taken the lead in finding a well-balanced approach to demonstrating and implementing a smart grid system.

VLS is conducting case studies of seven diverse utilities across the country in order to recommend best practices that can be replicated nationwide: Commonwealth Edison, Central Vermont Public Service Company, Long Island Power Authority, Pecan Street Project, Sacramento Municipal Utility District, Salt River Project and San Diego Gas and Electric.

VLS's final report isn't due until 2012, but the study's early results suggest:

Kevin Jones

• Clear state policies will speed smart grid results: California and other states that have set clear policies are moving steadily toward their goals rather than getting bogged down in debate over what the goals should be.
• Statewide collaboration can spur progress and innovation: Unprecedented collaboration among Vermont's utilities, government, industry and academia has secured federal stimulus money for the rollout out of a statewide smart grid and broadband system. The unique linking of broadband for underserved areas and a smart grid communications network is achieving state policy objectives with noteworthy efficiency.
• Delivering smarter rates: The Salt River Project's success with time-of-use rates and customer pre-pay service offers clear promise for voluntary dynamic pricing. The project's pre-pay program experience-giving customers timely information about their electric usage and letting them control their consumption-has resulted in satisfied customers and a 12 percent drop in power use.
• Demonstrating the smart grid's future: The Pecan Street Project's focus on how a smart grid can provide value to customers and the environment demonstrates the new technology's end-use potential.
• Uncertainty will impede the smart grid: Without clear cost recovery policies for utilities, the smart's grid's reliability and environmental benefits won't be fully realized.

VLS's final report will address legal, regulatory, structural and other barriers, including privacy concerns; policy requirements; energy efficiency and demand response; distributed generation and storage; electric vehicle integration; and distribution automation.

Read more about VLS's Smart Grid Research Project.

Kevin Jones, the project's leader, is available to comment at 802.831.1054 or kbjones@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations, Vermont Law School
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Week of Nov. 7

Vermont Law School — 14 Nov 2011 17:00:00 EST

ABC News and Bloomberg News quoted Professor Cathryn Nunlist on Nov. 13 and Nov. 11 about the easiest and hardest states in which to get divorced.
The Burlington Free Press spoke with Associate Professor Michele Martinez Campbell on Nov. 13 about the need for greater oversight of Vermont's search warrants.
The Hill talked to Professor Michael McCann on Nov. 13 about Congress delving into sports issues.
VTDigger spoke with Professor Peter Teachout on Nov. 13 about a First Amendment claim over a proposed wind farm in Vermont.
Assistant Professor Don Kreis weighed in on Nov. 13 in the Concord Monitor about the ouster of of New Hampshire's consumer advocate in utility regulation.
OpEdNews carried an article Nov. 13 by William McMullin '12, a Distance Learning master's degree student, about a federal bill to ban wild animals from performing in circuses.
VTDigger ran an op-ed by Professor Jason Czarnezki on Nov. 11 on whether food imports from China are safe.
Vermont Public Radio spoke with Professor Cheryl Hanna on Nov. 11 about a U.S. Supreme Court case on whether corporations can be held liable for human rights abuses.
In his Sports Illustrated columns on Nov. 9 and Nov. 11, Professor Michael McCann analyzed the legal implications of the Penn State sexual abuse scandal. He was also quoted in the Chronicle of Higher Education, Tampa Tribune, FAN 590 Sports Radio Network (Toronto), WEEI Radio (Boston) and other media.
Greenwire spoke with Professor Pat Parenteau on Nov. 8 about environmental groups challenging Congress' decision to remove the gray wolf from Endangered Species Act protection.
The Wall Street Journal on Nov. 8 mentioned the Dispute Resolution Program's 30th anniversary conference.
The Comics Journal carried an audio podcast on Nov. 7 of Professor Oliver Goodenough discussing the legal dispute between Marvel Comics and the family of the late comic book artist Jack Kirby.

Prof. McCann Analyzes Penn State Sex Abuse Scandal for Sports Illustrated

Vermont Law School — 11 Nov 2011 17:00:00 EST

Professor Michael McCann, one of the nation's top sports law experts, analyzed the Penn State sexual abuse scandal in his Sports Illustrated column on Nov. 9 and Nov. 11.

Read: Did Joe Paterno break the law? Nov. 9

Read: Sandusky grand jury presentment doesn't tell the whole story Nov. 11

The scandal involves the school's handling of allegations against Jerry Sandusky, 67, a former assistant football coach under head coach Joe Paterno. Sandusky was arrested Nov. 5 on charges of sexually abusing eight boys over a 15-year period.

Penn State officials have been criticized for a failure to act adequately after learning that Sandusky might have been abusing children. No one at the university alerted the police.

Empowering Electric Customers: VT Law School Unveils Innovative National Smart Grid Privacy Policy

Vermont Law School — 08 Nov 2011 17:00:00 EST

SOUTH ROYALTON, VT -- Putting power customers first, Vermont Law School's Institute for Energy and the Environment today presented a draft smart grid privacy policy designed to serve as a model for utility companies nationwide.

The policy, which was presented at the American Public Power Association's Legal Seminar in Memphis, Tenn., is available at: www.VermontLaw.edu/smartgrid

Under the policy, which is intended to protect consumers while supporting a national roll out of a smart electric grid, utility companies would ensure customer information is not disclosed to third parties except when the customer consents, disclosure is required to provide reliable electric service, or disclosure is required by law, such as warrants or "sunshine" laws.

The policy is intended to regulate the information practices of electric utilities that are implementing new wireless technology in an effort to improve energy reliability, increase efficiency and reduce costs. But the technology also raises privacy concerns because smart meters provide real-time data on electricity use that may indicate how many people are in the house, what they are doing, what appliances are being used and other data that is valuable to advertisers and other companies.

Kevin Jones, VLS's smart grid project leader, said the privacy policy provides clarity on data privacy concerns and protects customer information from unauthorized disclosure, while granting customers access to their own information.

"This policy can be used in the existing form or can be altered to fit each utility's needs and local, state, and federal laws," he said. "Our goal is to help develop a national model for consumer protection, while enabling broad adoption of smart grid technology. We welcome broad input on how we can improve this model policy going forward."

The privacy policy was developed to encompass nine key principles:

1. Make privacy the default setting.
2. Provide complete privacy protection.
3. Know the law regarding public disclosure in your state.
4. Only store/provide access to necessary information.
5. Obtain written consent before disclosing to most third parties.
6. Educate customers about the implications of sharing data with third parties.
7. Notify customers when data is disclosed.
8. Develop a plan for contingencies.
9. Make your privacy policy accessible to customers.

Jones is available to comment at 802.831.1054 or kbjones@vermontlaw.edu

VLS's smart grid research project utilizes case study research to examine legal, regulatory and other policy changes that can best ensure smart grid implementation in the United States improves reliability, enhances consumer value and meets clean energy goals.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Penn State Sex Abuse Scandal: VT Law School Expert Available to Comment

Vermont Law School — 08 Nov 2011 17:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School Professor Michael McCann, an expert in sports law and social psychology and the law, is available to comment on the alleged sexual abuse of young boys by a Penn State football coach.

McCann can be reached at (cell) 617.875.6132, (office) 802.831.1207 or mmccann@vermontlaw.edu

The Pennsylvania attorney general and the state police commissioner have criticized Penn State administrators and football officials, saying they failed to meet their legal and moral responsibility to report the allegations to authorities.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Week of Oct. 31

Vermont Law School — 07 Nov 2011 17:00:00 EST

The Burlington Free Press spoke with Associate Professor Michele Martinez Campbell on Nov. 6 about crack cocaine sentencing reform.
NBA TV talked to Professor Michael McCann on Nov. 1, Nov. 5 and Nov. 6 about the NBA labor discussions in New York City. He also was quoted by NBA News, Salt Lake Tribune, Los Angeles Times, FindLaw and CBS Miami.
Wind & Solar quoted Mark Cooper on Nov. 5 about the drop in nuclear stocks after the Fukushima nuclear disaster. Cooper is a senior research fellow for economic analysis at the Institute for Energy and the Environment.
In his Sports Illustrated column Nov. 4, Professor Michael McCann examined the consequences of decertifying the National Basketball Players Association.
Technology Review talked to Professor Peter Bradford on Nov. 4 about how Republican attacks on loan guarantees for bankrupt solar manufacturer Solyndra could restrict nuclear reactor construction in most states.
SNY.tv and ZagsBlog spoke with professors Michael McCann and Brian Porto on Nov. 4 about the Big East Conference's lawsuit against West Virginia University.
In his Sports Illustrated column Nov. 2, Professor Michael McCann discussed Los Angeles Dodgers owner Frank McCourt's decision to sell the team. He also spoke with the Dan Patrick Show.
Sports Illustrated cited Professor Michael McCann's research on age limits in the NBA on Nov. 2.
The New York Times spoke with Professor John Echeverria on Nov. 1 about the U.S. State Department's decision to award the environmental impact study for the proposed Keystone XL oil sands pipeline to a company with financial ties to the pipeline operator.
VTDigger and other media reported Nov. 1 on Gov. Peter Shumlin's appointment of Thomas Walsh '93 to the Environmental Division of the Superior Court.
Reuters, whose story was carried by CNBC and other media around the world, talked to Professor Pat Parenteau on Oct. 31 about Nebraska's effort to prevent the proposed Keystone XL pipeline from crossing its borders.
ClimateWire spoke with Professor Pat Parenteau on Oct. 31 about a federal appeals court ruling that could delay the nation's first federally permitted offshore wind farm.

Speth Unveils Blueprint For "New America"

Vermont Law School — 04 Nov 2011 16:00:00 EST

The road to the apocalypse isn't necessarily a dead end.

So says Vermont Law School Professor Gus Speth, a founder of the modern environmental movement who in a recent lecture series at VLS brutally indicted what he called an American plutocracy dominated by greed, money and power.

But at his third and final lecture on Nov. 3, Speth concluded it isn't too late for a populist uprising to install a democracy fueled by a sustainable economy, peace, income equality, justice and respect for the environment. The lectures were drawn from Speth's upcoming book to be published next year.

"A successful America is still possible," he said.

Speth said the United States was drowning in poverty, pollution and most other indexes of well being. He blamed politicians and corporations obsessed with profit, power and relentless economic growth.

He called for a new political system and a progressive form of capitalism devoted to sustainable jobs, public health, clean air and water, education and other areas of well being. "Devotion to the public good and human solidarity, not private interests," he said.

Such a system will only come about through a grassroots movement and civil disobedience, which may already have begun with efforts by Occupy Wall Street, MoveOn.org, American Dream Movement, 350.org, World Social Forum and other progressive groups, he said.

He said transformative change will require struggle. "'Power concedes nothing without a demand,'" he said, quoting Frederick Douglass.

Speth laid out 10 goals for a new America:

• A reformed voting system in which citizens are automatically registered to vote when they turn 18, Election Day is a national holiday and a National Elections Commission ensures voting integrity.
• A Constitutional amendment to directly elect the President or require that states give all their electoral votes to the top popular vote getter.
• Primary elections open to all parties and candidates.
• No more gerrymandering.
• A break up of the two-party monopoly.
• An end to filibusters in Congress.
• Campaign finance reform.
• A Constitutional amendment to deprive corporations of "personhood" and require shareholder approval of corporate political donations.
• All candidates have equal access to the media.
• Restrictions on lobbyists, including no campaign fundraising or bundled contributions.

Speth, who joined VLS in 2010, is a former dean of the Yale School of Forestry and Environmental Studies, administrator of the U.N. Development Programme, chair of the U.N. Development Group, founder of the World Resources Institute and co-founder of the Natural Resources Defense Council.

Wielding a Green Gavel: Chinese Judges Receive New Training to Crack Down on Polluters

Vermont Law School — 03 Nov 2011 16:00:00 EST

SOUTH ROYALTON, VT -- China's green regulations, green lawsuits and green activism are making some progress in reducing pollution from the nation's economic boon, but a lesser known environmental initiative also is underway - delivering green justice from the bench.

Under a pilot program, Vermont Law School's U.S.-China Partnership for Environmental Law, the U.S. Environmental Protection Agency and two Chinese organizations are overhauling the way Chinese judges are educated and trained in environmental rule of law.

The goals are:
• To empower judges, so they're better prepared to resolve significant environmental disputes and apply pollution laws that are widely ignored by companies that foul the country's air, land and water.
• To help the National Judges College of Supreme People's Court to create its first environmental law curriculum. The college is the China's training institution for the courts.

"Many of China's environmental regulations are ambiguous, making it difficult for courts to interpret and enforce the law consistently, and China's judges often lack the training, knowledge, skills and confidence in environmental law to adjudicate these complex cases," said Assistant Professor Siu Tip Lam, program director of VLS's U.S.-China Partnership.

U.S. and Chinese judges, scholars, lawyers and government officials - including Wang Canfa, the head of the Center for Legal Assistance to Pollution Victims (CLAPV) in Beijing and one of China's most celebrated environmental advocates -- started discussions in September 2010 on how to improve environmental governance training for judges. Those discussions led to a June 2011 meeting of the taskforce to create the curriculum. About 30 judges will attend the first pilot training workshop Nov. 8-10 in Yunnan Province.

The training will include the legal and practical issues that environmental court judges struggle with in public interest cases brought by environmental advocacy groups and public authorities - rather than pollution victims -- who seek injunctive relief, remediation and punitive damages that have been rarely, if ever, been issued by Chinese courts in the past.

The project is based on a training program that the EPA has successfully delivered to judges in many countries. It includes training key National Judges College (NJC) instructors and judges to develop an environmental law curriculum to be included in the regular training program for all judges at the NJC. The curriculum will provide judges with knowledge of environmental laws, a better understanding of the environmental protection principles behind the laws, and the tools to apply those principles in deciding environmental cases and enforcing compliance orders.

China's environmental courts, which started in 2007, are experimenting with rules that allow the procuratorates, environmental protection bureaus and related agencies, and environmental nongovernmental organizations to bring civil cases on behalf of the public interest. Last year, VLS's U.S.-China Partnership helped its partners to open China's first public interest environmental law firm and a new university legal advocacy center for environmental health and safety issues.

As part of the environmental adjudication training project, the U.S.-China Partnership next year will bring two NJC judges to study at Vermont Law School and the EPA, and will host a study tour for judges from China's Supreme People's Court and environmental courts.

The project is directed by the U.S.-China Partnership in cooperation with CLAPV at the China University of Political Science and Law, China's Southwest Forest University, and the EPA. The project, which is to be completed by December 2012, is funded by grants from the U.S.-China Legal Cooperation Fund and the U.S. Agency for International Development.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Keystone XL in Nebraska: VT Law School Experts Available to Comment

Vermont Law School — 01 Nov 2011 16:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School has faculty experts available to comment on the Nebraska state legislature's convening of a special session today to debate whether to seek changes to a planned $7 billion oil pipeline traversing the state.

TransCanada's Keystone XL pipeline from Canada to Texas would cross the ecologically sensitive Sand Hills area of Nebraska, which sits atop a major source of the region's water, the Ogallala aquifer.

VLS faculty available to comment are:

• Professor Pat Parenteau, whose expertise includes environmental law, land use planning and regulation, and water resources: 802.831.1305, pparenteau@vermontlaw.edu
• Professor Jack Tuholske, whose expertise includes environmental, land use and water resources law: 406.396.6415, jtuholske@vermontlaw.edu
• Professor John Echeverria, whose expertise includes environmental law and land use planning and regulation: 802.831.1386, jecheverria@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Weeks of Oct. 17-24

Vermont Law School — 31 Oct 2011 16:00:00 EST

U.S. News & World Report spoke with Professor Michael McCann on Oct. 28 about lobbying from federal lawmakers to push for their favored colleges to gain the upper hand in negotiations with powerful football conferences.
The Yale Daily News reported Oct. 28 on Assistant Professor Jingjing Liu's analysis of the environmental challenges facing China and the United States.
The Associated Press, whose story was carried by MSNBC, CNBC, ABC News, CBS MoneyWatch, Washington Post, Business Week, Salon, Treehugger, Yahoo! News, Oregonian, Puerto Rico Daily Sun, El Nuevo Dia, MIPRV.com, Prima Hora and 200 other media outlets, reported Oct. 27 on the Environmental and Natural Resources Law Clinic's efforts to force federal officials to more closely scrutinze a proposed natural gas pipeline that would cross ecologically sensitive areas in Puerto Rico. The Puerto Rico Daily Sun included the ENRLC in another story Oct. 28.
Scientific American talked to Associate Professor Benjamin Sovacool on Oct. 27 about vehicle-to-grid technology, which allows networks of electric cars to function like a giant battery and is one step closer to U.S. commercialization.
Vermont Public Radio aired a commentary Oct. 26 by Professor Brian Porto about the life and death of innovative football coach Homer Smith.
The Wall Street Journal spoke with Professor Michael McCann on Oct. 24 about Tony LaRussa, the manager of the World Series champion St. Louis Cardinals, whose law degree may have influenced his coaching.
Sunshine State News talked to Mark Cooper on Oct. 24 about the costs of four proposed nuclear reactors in Florida. Cooper is a senior research fellow for economic analysis at the Institute for Energy and the Environment.
The Salt Lake Tribune discussed the NBA lockout with Professor Michael McCann on Oct. 21.
SNL Financial reported Oct. 20 on Mark Cooper's comments about the Florida Public Service Commission's consideration of nuclear cost recovery requests by utility companies.
An Associated Press story about VLS's upcoming domestic violence prevention program ran Oct. 20 in the Oregonian, Boston Globe, WCAX, Washington Examiner, Providence Journal, FOX44 and other media.
The Portland Press Herald (Maine) and other media reported Oct. 19 on Heather Parent '00 being appointed policy director of the Maine Department of Environmental Protection.
Vermont Business Magazine talked to Professor Michael Dworkin on Oct. 19 about the the merger of Central Vermont Public Service into Green Mountain Power.
Vermont Public Radio, ABC 22, WCAX, FOX 44, Times Argus and Vermont Today spoke with Professor Cheryl Hanna on Oct. 18-19 about Gov. Peter Shumlin's appointment of Beth Robinson to the Vermont Supreme Court.
Vermont Public Radio talked to Professor Cheryl Hanna on Oct. 18 about a U.S. Supreme Court case involving exceptions to labor laws provided to religious schools for hiring and firing instructors.
Smart Grid and New Jersey and Company reported Oct. 17 on an Insitute for Energy and the Environment study that recommends policymakers and utilities begin coordinating efforts to protect the U.S. electrical grid from solar storms.
The Austin American Statesman, Yahoo! News and other media nationwide reported Oct. 17 on the Society for College and University Planning giving a Merit Award to Vermont Law School for the campus master framework plan created with Sasaki Associates.

New Politics Needed to Drive New Economy, Says Environmental Pioneer Gus Speth

Vermont Law School — 27 Oct 2011 16:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School Professor Gus Speth, a founder of the modern environmental movement, will conclude his three-part lecture series on America's future by laying out his plan for a new U.S. economic and political order on Thursday, Nov. 3.

The talk, titled "Writhing Free of an Old Skin: Forging a New Politics to Drive the New Economy," will be from 5:15 p.m. to 6:45 p.m. in the Chase Community Center. The event is free and open to the public.

The lecture series, titled "America, Rising to Its Dream: Charting Passage from Today's Decline to Tomorrow's Rebirth," examines the causes and consequences of the economic, political, social and environmental problems plaguing the United States. Speth said the solution is a social movement that creates a new economic and political system based not on growth but on fairness, justice, sustainability, peace, well being and living in harmony with the planet.

More information is available from Suzanne Todd at stodd@vermontlaw.edu. Vermont CLE credits are available.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Citizens, Conservation Groups Threaten Federal Lawsuit Over Controversial Pipeline Project in Puerto Rico

Vermont Law School — 26 Oct 2011 16:00:00 EST

SOUTH ROYALTON, VT -- A coalition of community and conservation groups alerted the U.S. Army Corps of Engineers this morning that it intends to sue the Corps within 60 days over the agency's handling of a proposed natural gas pipeline line through ecologically sensitive areas in Puerto Rico.

On behalf of these groups, Vermont Law School's Environmental and Natural Resources Law Clinic (ENRLC) filed a notice of intent to sue based on numerous violations of the Endangered Species Act. The notice of intent was sent to the Corps' office in Jacksonville, Fla. Read the notice of intent.

In public comments, the groups also have raised concerns about the Corps' compliance with several other federal laws that do not require a 60-day advance notice before filing a lawsuit. The ENRLC is serving as co-counsel for the coalition along with the University of Puerto Rico Environmental Law Clinic, Puerto Rico Legal Services and other attorneys.

The Corps has 60 days to respond to the notice of intent to sue; a lawsuit can be filed after that period. The Corps is expected to issue a draft environmental assessment of the Vía Verde project before the end of the year. The coalition has urged the Corps to hold public hearings and conduct a more thorough environmental impact study before issuing the permit that would allow construction to begin.

"Our clients' objective is to ensure that the Corps fully complies with federal laws designed to safeguard endangered species and sensitive ecosystems as well as to protect the citizens of Puerto Rico from safety risks and other adverse impacts of the proposed pipeline," said VLS Professor Pat Parenteau, senior counsel for the ENRLC.

The 92-mile pipeline, which has provoked widespread opposition over environmental and safety concerns, would traverse the island of Puerto Rico. It would run through heavily populated areas as well as mountains, rainforests, natural reserves, karst regions, coastal areas and other sensitive areas inhabited by more than 40 species of endangered wildlife and plants - including manatees, hawks and snakes -- while providing no real cost savings to the Puerto Rican people.

"With its limestone topography and recognizable haystack formations, the forested mountains and caves of the karst region are cherished by Puerto Ricans and they contain some of the most biologically diverse habitat in the world," said José Colón of Citizens of the Karst.

In August 2010, the Puerto Rico Electric Power Authority submitted an application to the Corps for a wetlands dredge-and-fill permit for the Vía Verde pipeline project. Such permit applications require the Corps to comply with the Endangered Species Act and a host of other federal laws. Supporters of the project say it would reduce the island's high electricity costs, but opponents say the true costs have not been fully disclosed and that the project is unlikely to improve consumer rates and may even worsen them.

The notice of intent to sue accuses the Corps of failing to adequately consider the project's potential impacts on endangered species before issuing a wetlands dredge-and-fill permit under the Clean Water Act. The notice also calls into question whether the Corps adequately consulted with the U.S. Fish and Wildlife Service and the Corps' failure to consult with the National Marine Fisheries Services over potential impacts on coastal species, such as endangered corals and sea turtles. These interagency consultations are critical in light of the recent proposed listing of the coquí llanero as endangered. "This tiny tree frog depends on wetland vegetation that only occurs within a 400-acre territory that could be damaged or destroyed by the construction of the pipeline," said amphibian expert Neftalí Ríos.

"The citizens of Puerto Rico are in favor of newer, cleaner and cheaper energy alternatives that can be achieved without this unnecessarily damaging and unjustified project," said Professor Pedro Saadé Llorens, director of the Environmental Law Clinic at the University of Puerto Rico. "They believe their energy and environmental needs can be met by providing natural gas to southern coast energy plants and by pursuing efficiency and renewable energy alternatives instead of cutting a six-foot deep trench 92 miles through some of the most pristine ecological habitat in the world. In short, our clients are promoting the best interests of their communities based on sound environmental and economic information."

"The pipeline will cause permanent and unnecessary damage to Puerto Rico's unique and priceless natural heritage," said Jaclyn Lopez, a staff attorney with the Center for Biological Diversity.

The coalition includes Ciudadanos del Karso (Citizens of Karst), Federación Espeleológica de Puerto Rico (Speleological Federation of Puerto Rico), Sociedad Ornitológica Puertorriqueña, Inc. (Puerto Rico Ornithological Society), Vegabajeños Impulsando un Desarrollo Ambiental Sustentable (Vegabajeños Supporting Sustainable Environmental Development), Comite Utuadeño Contra el Gasoducto (Utuadeño Committee Against the Pipeline), the Center for Biological Diversity, the Sierra Club and several individual citizens.

Available to talk to the media are:

• VLS Professor Pat Parenteau: 802.831.1305, pparenteau@vermontlaw.edu
• VLS Associate Professor Teresa Clemmer, acting director of the ENRLC: 802.831.1136, tclemmer@vermontlaw.edu
• UPR Professor Pedro Saadé Llorens: 787.999.9573, 787.766.3063, 787.397.9993, saadellorensp@microjuris.com
• Attorney Hadassa Santini Colberg, Puerto Rico Legal Services: 787.728.8686 ext. 1256, 787.969.2922, hsantini@servicioslegales.org
• Attorney Jaclyn Lopez, CBD: 415.436.9682 ext. 305, jlopez@biologicaldiversity.org

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235,mailto:jcramer@vermontlaw.edu

Kaifala '13 Urges Africans to Invest in Education

Vermont Law School — 25 Oct 2011 16:00:00 EST

A recent article in PolicyMic by Vermont Law School student Joseph Kaifala '13 called for African leaders to greatly increase investment in their nations' education systems.

"Unless education takes a place second to none in all African countries, the continent will continue to lag behind in human development," the article said. "All African countries must therefore provide free and compulsory education at least at the elementary and fundamental stages, as required by the UN Universal Declaration of Human Rights."

Kaifala is executive director of the Jeneba Project, a nonprofit group dedicated to improving education for children in Sierra Leone, Liberia and Guinea.

Read the article titled "Africa Must Invest in Education to Overcome Poverty."

Public Trust Doctrine Can Fight Farm Pollution Runoff, VT Law School Study Finds

Vermont Law School — 18 Oct 2011 16:00:00 EST

SOUTH ROYALTON, VT -- The public trust doctrine, an ancient legal principle used recently in a novel effort to protect the earth's atmosphere from greenhouse gas emissions, can help fight farm runoff, the biggest polluter of the nation's waters, a Vermont Law School study finds.

The article, titled "Wildlife, Water Quality and the Public Trust Doctrine: A Means of Enforcing Agricultural Nonpoint Source Pollution Management Plans," is available on the New York State Bar Association's web site and SSRN.

The study was authored by third-year JD student Veronique Jarrell-King, who won first place in the New York State Bar Association's Animal Law Writing Competition, the nation's most prominent animal law student writing contest.

"Even though the Clean Water Act has proven successful in many respects, it has failed to properly address agricultural nonpoint source water pollution," the study reports. "This lack of sufficient legislation has left our nation's waters polluted and has detrimentally affected much of the wildlife that depend on these waters for survival. In an effort to prevent further deterioration of our water systems, the public should consider using the public trust doctrine as a means of requiring state and local agencies to consider the public's interests in wildlife and water quality when developing, regulating, and reevaluating nonpoint source pollution control plans."

The public trust doctrine, a common law doctrine that dates to Roman times, requires the government to manage natural resources in the best interest of its citizens. The doctrine has often been used to challenge government actions that harm water, wildlife, land and most recently the earth's atmosphere, but it is not frequently used to combat nonpoint source pollution from farms, the study reports. Nonpoint source pollution, which is runoff from farms, construction sites and other broad areas, is the leading cause of water pollution today. By far, the heaviest nonpoint contributor to water pollution is agricultural runoff, which is a major source of fertilizers, herbicides, insecticides, sediment, salts, nutrients and pathogens.

California has a common law system that is best suited to apply the public trust doctrine to enforce nonpoint source pollution control plans, but citizens in other states may also be successful using the doctrine to clean up their surface and ground waters, the study says.

"Through the public trust doctrine, citizens have the potential to challenge a state legislature's or agency's failure to consider the public's interest in wildlife when developing and reviewing nonpoint source pollution control plans, even in the face of strong political pressure from agricultural lobbyists," the study reports.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Perfect Solar Storm: VT Law School Study Recommends Better Preparation, Coordination to Protect Power Grid

Vermont Law School — 17 Oct 2011 16:00:00 EST

SOUTH ROYALTON, VT -- With the planet overdue for a severe solar storm, policymakers and utilities should promptly begin coordinating efforts to protect the electrical grid's vulnerable components, prepare system operators and automate procedures, a Vermont Law School study recommends.

The National Oceanic and Atmospheric Administration's Space Weather Prediction Center says an increase in the number of solar storms -- or eruptions of electrically charged gas from the sun -- is expected over the next three to five years.

"While it may be difficult during this time of fiscal austerity to imagine devoting substantial funds to a threat that we have never had to face, a comprehensive plan to prepare for a severe solar storm will cost far less now than will addressing the catastrophic impacts to the North American electricity grid when the perfect solar storm finally arrives," according to the article.

The study, titled "Not Your Father's Y2K: Preparing the North American Power Grid for the Perfect Solar Storm," is published in the Electricity Journal.

Solar storms, whose bursts of electromagnetic energy interfere with the Earth's magnetic field, have the potential to inflict massive damage on high-voltage transmission lines, communication satellites, GPS navigation systems, data centers, air traffic control facilities and other critical infrastructure, including water distribution, sewage, medical care, phone service and fuel supply systems, the study reports.

In 2010, the Space Weather Enterprise Forum, a coalition of federal and private space officials who monitor geomagnetic disturbances and their effects on critical infrastructure, issued a report stating that the nation is not ready for a solar storm of even modest size.

"Electric utilities and transmission system operators need not wait passively for the perfect solar storm," the article says. "A series of eight recommendations, adopted as part of a comprehensive strategy, could address many of the threats a large solar storm imposes on critical parts of the North American bulk power system."

The study's recommendations:

• Incorporate solar storms into North American Electric Reliability Corporation (NERC) reliability standards
• Improve solar storm forecasting
• Upgrade solar storm early warning and alert systems
• Use smarter grid technologies to improve situational awareness
• Expand automatic protective mechanisms
• Automate voltage stabilization
• Invest in domestic manufacturing of system components
• Coordinate policy action

Read the article's abstract. Copies of the full article are available from the authors at VLS's Institute for Energy and the Environment:

• Senior Research Fellow Christopher Cooper: 202.251.7166 or ccooper@vermontlaw.edu
• Associate Professor Benjamin Sovacool: 802.831.1053 or BSovacool@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Week of Oct. 10

Vermont Law School — 17 Oct 2011 16:00:00 EST

An Associated Press story about VLS's upcoming domestic violence prevention program ran Oct. 16 in the Washington Examiner, Providence Journal, FOX44 and other media.
NBA Video, WNST Baltimore Sports and Toronto 590 discussed the NBA lockout with Professor Michael McCann on Oct. 13-14.
Vermont Public Radio spoke with Professor Cheryl Hanna on Oct. 12 about Gov. Shumlin's plan to fill a vacancy on the Vermont Supreme Court.
The Burlington Free Press had an op-ed Oct. 12 by Kevin Jones, VLS's smart grid project leader, who said Vermont's renewable energy policy is not reducing Vermont's carbon emissions and that state legislators should enact a renewable portfolio standard similar to what approximately 30 other states have in place.
The Memphis Commercial Appeal talked to Professor Michael McCann on Oct. 12 about the potential fallout from a threatened lawsuit against the University of Memphis over the NCAA's vacating of its 2007-08 Final Four season.
The Burlington Fress Press talked to Professor Cheryl Hanna about a wrongful-death lawsuit filed by the father of a homicide victim against the murder suspect's ex-wife.
Free Speech Radio News spoke with Professor John Echeverria on Oct. 10 about the controversial Keystone XL oil pipeline project.

Hard Place and a Rock: Coal Won’t Provide U.S. Energy Security, VT Law School Study Finds

Vermont Law School — 14 Oct 2011 16:00:00 EST

SOUTH ROYALTON, VT -- The United States' energy security won't improve--and economic, social and environmental risks will expand exponentially--if the nation switches from oil to coal for most of its electricity and transportation needs, a Vermont Law School study finds.

The study, titled "From a hard place to a rock: Questioning the energy security of a coal-based economy," is published in Energy Policy. Read the study.

Myriad processes are required to render coal safer and cleaner, meaning a transition to a coal-based economy would require vastly more coal to generate the same amount of energy, the study reports.

"Every aspect of a coal-based economy exacts greater external costs from the increased mining, transportation, processing, combusting and clean up of coal," according to the study. "Some of these costs will be reflected in higher energy costs, squeezing a burdened underclass and crippling an economy in tentative recovery. But many costs will not be reflected in energy prices. These include the increased deaths from coal mining, the increased morbidity and mortality associated with inhalation of particulates, the devastation of the sight and soul of rural mining communities, and the heightened competition over dwindling sources of potable water.

"In theory we may achieve the technological capability to transition from oil dependency to an independent coal-based economy. But, pursuing more CCS (carbon capture and storage) and CTL (coal-to-liquids) research and development risks delaying more durable measures and diverts resources from more effective alternatives like energy efficiency and renewable resources."

The study's authors are available to comment:
• Associate Professor Benjamin Sovacool: 802.831.1053 or BSovacool@vermontlaw.edu
• Senior Research Fellow Christopher Cooper: 202.251.7166 or ccooper@vermontlaw.edu
• Professor Pat Parenteau: 802.831.1305 or pparenteau@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations
Office 802.831.1106, cell 540.798.7099, home 802.649.2235, jcramer@vermontlaw.edu

New York Times Discusses Keystone XL Project with Prof. Echeverria

Vermont Law School — 13 Oct 2011 16:00:00 EST

The New York Times has spoken twice recently with Vermont Law School Professor John Echeverria about the controversial Keystone XL project, which would build a 1,700-mile pipeline from the oil sands of northern Alberta to the Gulf Coast in Texas.

An Oct. 7 story said the U.S. State Department assigned an important environmental impact study of the proposed pipeline to Cardno Entrix, a company with financial ties to the pipeline operator, TransCanada, flouting the intent of a federal law meant to ensure an impartial environmental analysis of major projects.

In a Nov. 1 story, the State Department defended its decision to award the environmental impact study to Cardno Entrix.

Professor Echeverria, one of the nation's leading experts in takings law, has expertise in climate change, constitutional law, land use planning and regulation, and other fields. Before joining VLS in 2009, he was executive director of the Georgetown Environmental Law & Policy Institute at Georgetown University Law Center.

Speth Envisions Revolutionized America as Lecture Series Continues

Vermont Law School — 13 Oct 2011 16:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School Professor Gus Speth laid out a grim assessment of the United States on Oct. 6, saying corporate, political and military greed were destroying the nation in the first of three lectures calling for a grassroots revolution.

In his second lecture on Thursday, Oct. 20, Speth will envision a reborn America based on a platform of fairness, justice, peace and a sustainable economy. In his third lecture on Thursday, Nov. 3, he will explain how that new economic and political system can be accomplished.

The lecture series, titled "America, Rising to Its Dream: Charting Passage from Today's Decline to Tomorrow's Rebirth," is free and open to the public. The lectures will be from 5:15 p.m. to 6:45 p.m. in the Chase Community Center.

Speth, a founder of the modern environmental movement, joined VLS in 2010. He is a former dean of the Yale School of Forestry and Environmental Studies, administrator of the U.N. Development Programme, chair of the U.N. Development Group, founder of the World Resources Institute and co-founder of the Natural Resources Defense Council.

More information about the lecture series is available at www.vermontlaw.edu/ or from Suzanne Todd at stodd@vermontlaw.edu.Vermont CLE credits are available.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

U.S. Electric Grid Needs Cohesive Cybersecurity Policy, VT Law School Study Finds

Vermont Law School — 13 Oct 2011 16:00:00 EST

SOUTH ROYALTON, VT -- Securing America's electric grid is a key part of preventing terrorist attacks on the country's power, water supply and telecommunication systems, but the United States lacks a comprehensive cybersecurity policy for its electricity sector despite having plentiful government policies for protecting other infrastructure, according to a Vermont Law School report.

"Smart-grid technology, which may rely on computer networks to intelligently manage electricity, makes having a cohesive policy all the more important," Zhen Zhang, an attorney specializing in energy and environmental law and a global energy fellow at VLS's Institute for Energy and the Environment, wrote in a recent article in National Defense.

In a recent article in Environmental Practice, Zhang said mandatory government cybersecurity standards in the electric industry need improvement, but that at a basic level they are protecting information networks, resources, and systems from cyber and physical threats. "The electric industry's cybersecurity standards may serve as a model for other industries," she said.

Read the National Defense article. Read the Environmental Practice article.

Zhang can be reached at zzhang001@gmail.com

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

NAFTA Continues to Decimate Mexican Hog Industry, VT Law School Study Finds

Vermont Law School — 11 Oct 2011 16:00:00 EST

SOUTH ROYALTON, VT -- NAFTA's poorly-negotiated trade liberalization policies have been manipulated to exploit Mexican consumers, farm owners and laborers, leading to the demise of that nation's hog industry, according to Vermont Law School Assistant Professor Pamela Vesilind.

Vesilind, an animal law expert, analyzes the latest developments in this issue, which over the past 20 years has left Mexico with more meat but far fewer farmers, in a study titled "NAFTA's Trojan Horse & the Demise of the Mexican Hog Industry." The article is published in the University of Miami Inter-American Law Review.

"In many ways, this transformation echoed the industrialization of agriculture in the southern and mid-western United States in the late 1980s and the 1990s, but with one critical distinction: In the U.S., domestic corporations led the agriculture transformation," Vesilind writes. "Not so in Mexico, where the catalysts were primarily foreign-owned, multinational corporations, mostly second-generation corporations to the American agricultural ‘revolution.' These industrial farming corporations thrived in Mexico, but their success has been devastating to Mexican agriculture."

The article discusses NAFTA's tariff rate quotas, how they failed to protect Mexican hog farmers and how foreign-owned corporations were able to apply a two-sided strategy to take over more than one-third of domestic pork production while developing Mexico into a leading importer of U.S. pork products. The article also reviews why industrial animal farms-or confined animal feeding operations (CAFOs)-are unsustainable without considerable government support, why the CAFO model is even more unsustainable in emerging nations like Mexico, and the U.S. pork lobby actively opposes NAFTA reform.

Vesilind, whose expertise includes animals in agriculture, is available to discuss her NAFTA study and other animal law and policy issues at 802-831-1320 or pvesilind@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

VT Law School Professor Calls For "Revolution," New Political and Economic Order

Vermont Law School — 07 Oct 2011 16:00:00 EST

Gus Speth loves his country. He also thinks it's dying and that a revolution is the only way to save it.

"There's still hope, but it's time for civil disobedience," the Vermont Law School professor said.

Speth, a founder of the modern environmental movement, declared his passion for the United States on Thursday at the start of his three-part lecture series titled "America, Rising to Its Dream: Charting Passage from Today's Decline to Tomorrow's Rebirth." But he also declared the United States an empire rotting from within, plagued by worsening rates of poverty, disease, infant mortality, crime, poor student performance, pollution and nearly every other index of well being.

"I love this country, but I'm profoundly angry" at how it's been neglected, he said.

Speth blamed America's decline on politicians, corporations and military leaders whom he said are obsessed with profit, power, consumerism and the mistaken belief that economic growth and military might are marks of well being. The current economic crisis and high unemployment are exacerbating a growing income gap between the rich and poor, fueling health, social and environmental problems, he said. U.S. military spending now exceeds the rest of the world combined, draining trillions of dollars a year that could be invested in jobs, public health, clean air and water, education and other areas, he said.

America's economy and political system are collapsing because they failed to build on the principles of the New Deal and the Universal Declaration of Human Rights from the Roosevelt and post-World War II era, he said.

"Instead, we unleashed ruthless corporate, consumerist capitalism," he said. "The United States has changed from a democracy to a plutocracy and corporatocracy."

Speth said the solution to America's woes is a social movement that creates a new economic and political system-"a new American dream" based not on growth but on a progressive platform of fairness, justice, sustainability, peace, well being and living in harmony with the planet. He said the current system can't be fixed and that "transformative change" is needed to create a new democratic order-"not yesterday's socialism or today's capitalism."

Speth said recent protests against a proposed major oil sands pipeline and Wall Street could be the start of a citizens movement that prompts widespread social reform. "It all comes down to the American people coming together to fight for real democracy and devotion to the public good, not private interests," he said.

Speth's lecture series, which is based on his upcoming book, will continue Oct. 20 and Nov. 3 at the Chase Community Center on VLS's campus. Click here for more information.

In Memoriam: the Vermont Law School Gazebo

Vermont Law School — 07 Oct 2011 16:00:00 EST

Vermont Law School's iconic gazebo, which was swept away by floodwaters from Tropical Storm Irene, was memorialized in words, photos and video in a blog post by TruexCullins, the Burlington architectural and interior design firm that created the gazebo.

"The gazebo on the edge of the Oakes Hall parking lot at the Vermont Law School campus was a humble, intimate structure designed for individuals to peacefully reflect and quietly ponder their place in the natural environment," according to the blog.

The gazebo was designed by Rolf Kielman, who also led the historic renovation and addition to the school's Debevoise Hall. In 2006, the VLS gazebo was awarded the AIA Vermont Excellence in Architecture Design Award for a Small Project. The jury thought the project had "charm, pure, simple elegance" and was "very inviting".

Read the blog post.

VT Law School Researcher Calls for Shifting Nuclear Liability to Plant Operators

Vermont Law School — 06 Oct 2011 16:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School energy researcher Mark Cooper on Wednesday called for the repeal of the Price-Anderson Act and for shifting the liability for nuclear accidents from governments and the public to plant operators.

Cooper, senior research fellow for economic analysis at VLS's Institute for Energy and the Environment, made his recommendations in an article, titled "Nuclear liability: The market-based, post-Fukushima case for ending Price-Anderson," in the Bulletin of the Atomic Scientists.

Article highlights:

• The Price-Anderson Act and international treaties unfairly shift the huge liabilities of nuclear accidents from plant operators to governments and the public, creating a "moral hazard" that encourages unsafe and uneconomic practices.

• Over many decades, regulators have failed to create a system of rules that can substitute for the market discipline of private insurance and ensure safe nuclear plant operations.

• The Fukushima disaster creates an opportunity to phase out current liability regimes, so operators seeking new nuclear licenses have to acquire insurance or otherwise bear the full liability for nuclear accidents.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

“Meddlers” or “Guardians”: VLS Event to Explore Mediation’s Role

Vermont Law School — 05 Oct 2011 16:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School's Dispute Resolution Program will mark its 30th anniversary on Wed., Oct. 12 with a conference that explores the controversy, current status and future prospects of mediation in the public arena. The "Mediator and Public Policy" event starts at 9:30 a.m. in the Chase Community Center.

The 10 a.m. panel, titled "Activist Mediators: Unethical Meddlers or Guardians of Durable Solutions?," brings together the authors of three seminal articles, published in the Vermont Law Review in 1981, that launched an ongoing nationwide discussion of the role of mediation in public conflicts.

"Three giants in the field of mediation will revisit a 30-year-old debate that's been discussed in over 100 law review articles, numerous books and countless conferences," said Associate Professor Sean Nolon, director of VLS's Dispute Resolution Program. "These panelists have vastly divergent views of how mediators should be accountable to the parties in a dispute and are not shy about expressing their disagreements."

Following the conference, VLS and Pepperdine University Law School will co-host the fifth annual East Coast Professional Skills Program Oct. 13-15 in Woodstock, where national leaders in dispute resolution join participants from around the world in an intensive three-day training program.

VLS's Dispute Resolution Program lets students explore more efficient and cooperative processes for dispute resolution through clinics, courses, conferences, workshops and research offerings.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Law Reviews’ Symposium to Examine Impacts of Sorrell v. IMS Health

Vermont Law School — 03 Oct 2011 16:00:00 EST

SOUTH ROYALTON, VT -- The Vermont Law Review and the University of New Hampshire Law Review will co-sponsor an Oct. 14 symposium to explore issues stemming from the U.S. Supreme Court's recent decision in Sorrell v. IMS Health.

The event, which is free and open to the public, will be from 8:30 a.m. to 5:15 p.m., on Friday, Oct. 14, at the University of New Hampshire School of Law campus in Concord.

The symposium, titled "Constitutional Constraints on State Health Care and Privacy Regulation after Sorrell v. IMS Health," will examine federalism and health care regulation (including state single-payer systems), privacy regulation, commercial data as speech and the implications for policy issues ranging from smart-grid deployment to the off-label use of pharmaceuticals.

In June 2011, the U.S. Supreme Court ruled that Vermont's Prescription Confidentiality Law violated the Free Speech Clause, reasoning that speech in the aid of pharmaceutical marketing is a form of expression protected by the First Amendment.

For more information and to register, visit http://law.unh.edu/lawreview/symposium.php For specific questions, email sorrellconference@gmail.com CLE credits can be applied for at the cost of $115.

The Vermont Law Review, a legal journal edited and managed by students at Vermont Law School, publishes articles contributed by prominent legal scholars as well as student-written notes and comments.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Week of Oct. 3

Vermont Law School — 03 Oct 2011 13:50:42 EST

The New York Times talked to Professor John Echeverria on Oct. 7 about the controversial Keystone XL oil pipeline project. The story was picked up by the International Herald Tribune and other media.
The Wall Street Journal linked to a blog post about VLS's iconic gazebo being destroyed by Tropical Storm Irene.
95.7 The Game (San Francisco) spoke with Professor Michael McCann on Oct. 6 about the NBA labor dispute.
Politico reported Mark Cooper's article Oct. 5 about nuclear liability costs in the Bulletin of the Atomic Scientists. Cooper is a senior research fellow for economic analysis at the Institute for Energy and the Environment.
An Associated Press story Oct. 4 about the impending return of military recruiters to VLS's campus ran in the Military Times, Vermont Public Radio, CBS Minnesota and dozens of other news outlets nationwide.
WCAX spoke with Professor Cheryl Hanna on Oct. 3 about cases set to be heard by the U.S. Supreme Court that could impact Vermonters.

Weeks of Sept. 19-26

Vermont Law School — 30 Sep 2011 16:00:00 EST

The Valley News carried an op-ed Oct. 2 by Professor Cheryl Hanna about the possible outcomes of the trial between Entergy and the state of Vermont over the future of the Vermont Yankee nuclear plant.
The Pittsburgh Post-Gazette reported Oct. 2 on the Environmental and Natural Resources Law Clinic's role in monitoring the largest coal-waste disposal site east of the Mississippi River.
The Burlington Free Press quoted Associate Professor Jennifer Taub in a Sept. 30 story about Citibank's Burlington Telecom federal lawsuit alleging fraud and breach of contract.
VTDigger ran an op-ed Sept. 30 byJames Maroney '12 about the Action Plan for Vermont's Working Landscape.
The Washington Post, Seattle Times, Chicago Tribune and other media nationwide carried an Associated Press story on Sept. 29 quoting Professor Pat Parenteau on the Obama administration's efforts to extend new federal protections to a long list of imperiled animals and plants.
Vermont Public Radio talked to Professor Michael Dworkin on Sept. 29 about the proposed merger of Central Vermont Public Service Corporation and GazMetro, the parent company of Green Mountain Power.
The Washington Post spoke with Professor Pat Parenteau on Sept. 28 about an EPA Office of Inspector General report that found the agency should have conducted a more detailed scientific review before determining that greenhouse-gas emissions pose a threat to public health and welfare.
In his Sports Illustrated column on Sept. 27, Professor Michael McCann discussed the legal troubles of the New York Mets' owners.
Forbes, CBS MoneyWatch, CNBC, Greenwire, Yahoo! News (U.S., Singapore, Malaysia), Burlington Free Press and other media carried an Associated Press story on Sept. 27 talking to professors Pat Parenteau and Don Kreis about the federal trial over the Vermont Yankee nuclear plant.
Sports Illustrated talked to Professor Michael McCann on Sept. 23 about the NBA's anti-drug policy.
India New England reported Sept. 22 on a talk by Indian anti-nuclear activist Vaishali Patil sponsored by the International Law Society and Environmental Law Society.
The Huffington Post carried a Sept. 21 op-ed by Professor Pat Parenteau in which he defended The New York Times' recent series about the risks of natural-gas drilling.
VTDigger ran a Sept. 20 commentary from Professor Pat Parenteau analyzing the Vermont Yankee trial.
Vermont Public Radio spoke with Professor Cheryl Hanna on Sept. 19 about the legal fight between Entergy and Vermont state officials over the Vermont Yankee nuclear plant.

Second Environmental Colloquium Draws Global Scholars

Vermont Law School — 29 Sep 2011 16:00:00 EST

Some of the world's most prominent environmental law and policy researchers met Oct. 23 for Vermont Law School's second annual Colloquium for Environmental Scholarship to gather feedback on their works in progress.

"The colloquium fosters informal discussion and debate at every turn, and our attendees say it's already become the must-attend event for environmental law professors wanting to get input on their research," said Professor Jason Czarnezki, who organized the colloquium for the Environmental Law Center. "The addition of paper discussants this year was a great success, and we hope to add some last-minute 'hot topic' sessions for next year."

The colloquium was attended by 65 professors and academics doing research in environmental and natural resources law at the University of California-Berkeley, the U.S. Military Academy, UCLA, New York University, Vermont Law School and elsewhere. All 44 papers presented were at a revisable stage.

Highlights included a panel where Georgetown Law Professor Hope Babcock and VLS energy professors Michael Dworkin and Don Kreis debated the proposed closure of the Vermont Yankee nuclear plant, whose fate is being determined in federal court; panels featuring presenters and audience members from China, Hong Kong, Sweden, Australia and the United States discussing Chinese environmental law implementation, tensions between Swedish and European Union water law and other international issues; and Florida State Law Professor Robin Kundis Craig's paper titled "Public Health, Private Land, and Public Necessity."

Czarnezki developed the colloquium because he saw a lack of opportunities for scholars to discuss their works in progress with colleagues at other schools, especially in environmental law.

"Other academic fields have conferences and colloquia focused on current and recent scholarship, and I wanted to bring that model to legal scholars who research environmental and natural resources law and policy," said Czarnezki, who is faculty director of VLS's U.S.-China Partnership for Environmental Law.

Prof. Jennifer Taub's Chapter on Financial Crisis Praised

Vermont Law School — 28 Sep 2011 16:00:00 EST

Professor Jennifer Taub's chapter in the recently published book "Corporate Governance Failures: The Role of Institutional Investors in the Global Financial Crisis" was highlighted and praised as thought provoking by Martin Fridson, a prominent global credit analyst whom The New York Times called "one of Wall Street's most thoughtful and perceptive analysts."

Read the review.

Taub, who researches and writes about financial reform, corporate governance, and mutual fund regulation, joined the faculty of Vermont Law School in 2011, after serving as coordinator of the Business Law Program at the University of Massachusetts Amherst, Isenberg School of Management.

Prof. Hanna Picks U.S. Supreme Court Cases Vermonters Should Watch

Vermont Law School — 27 Sep 2011 16:00:00 EST

By Cheryl Hanna
Professor of Law, Vermont Law School

The first Monday in October marks the first day of oral arguments at the U.S. Supreme Court. So far, the Court has granted about half of its usual 80 or so cases that it will decide by June of 2012. And while there is no case yet on the docket that has originated in Vermont, there are many cases that may be of interest to Vermonters either because the outcome could impact our state or because the case is just super interesting. Here's my list:

1. National Meat Association v. Harris: Some of you may have heard my VPR commentary on this case. It involves pre-emption and as any Vermont Yankee trial-watcher can tell you, pre-emption is the central question in that case as well. In National Meat Association v. Harris, the Supreme Court will decide whether a California law that requires slaughterhouses to immediately euthanize animals that are unable to walk - sometimes referred to as downed animals - conflicts with the Federal Meat Inspection Act, which requires that such animals be separated and observed for disease but not immediately killed. There's always the fear that the downed animal has a disease that can be passed onto humans. Under federal law, many of these downed animals do end up being slaughtered and eventually eaten. Under California law, no downed animal would be in the food supply. California claims that it's regulating the ethical and humane treatment of animals, a different motive than food safety, which would be pre-empted under federal law. Sound familiar? This case could provide some guidance to lower courts on how to evaluate the VY case. It's also an important case to watch because Vermont lawmakers may decide to impose stricter regulations on our slaughterhouses, and this case will set the parameters for when a state can do so in light of federal law.

2. Douglas v. Independent Living Center: The outcome of this case could have significant consequences as Vermont tries to develop the first single-payer health care system. This, too, is a pre-emption case involving Medicaid payments to health care providers. Medicaid is a voluntary joint federal/state program. The feds provide money to the states, which then must comply with certain federal regulations, including making sure that payments are reasonable enough to ensure a certain quality of care. California, facing big budget problems, passed a law reducing Medicaid payments. A bunch of groups, such as the Hospital Association, as well as patients that receive Medicaid payments sued to stop California from implementing its law. The technical legal question is whether federal law pre-empts these folks from suing, meaning that only the federal government, because it provides the money, can stop a state from lowering payments. The bigger question is whether states will now have to defend against lawsuits from providers and patients whenever they set rates. Vermont Attorney General Bill Sorrell signed onto an amicus brief asking the Court to side with the state of California.

3. Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC: This case is mostly interesting to me because I attended Hosanna Tabor, a small parochial school in Redford, Mich., a small, working class suburb outside Detroit from first through sixth grades. (What are the odds that there would be a SCOTUS case from my alma mater?) This case involves a really interesting question about the separation of church and state. The case involves a teacher who developed narcolepsy and went on medical leave. When she tried to return, the school had given away her job and then fired her. She sued under the Americans with Disabilities Act, which would have forbidden the school from doing so. But the school claimed the teacher was exempt from federal law because she was "called" to teaching and performed duties not so dissimilar from that of a minister. Ministers and other clergy are exempt from federal employment law under the theory of the separation of church and state. But janitors that work at a church still are protected because they do not perform religious functions. The question before the Court is whether parochial school teachers who teach mostly secular subjects but have special religious training are also exempt from federal law. The Equal Employment Opportunities Commission argues that exempting teachers would leave thousands of employees (mostly women who teach for salaries below those of their public school counterparts) without workplace protections when religion is not the reason for the firing. Hosanna Tabor says the federal government should not impose its laws on the church. By way of full disclosure, I signed onto an amicus brief filed by other law and religion professors in support of the EEOC position. In Vermont, we do not have an abundance of parochial schools, but the ruling could affect any teacher at a parochial school in our state.

4. United States v. Jones: This is the criminal case to watch this year. At issue is whether the police can put a GPS tracking device on your car, indefinitely, either with or without a warrant. It is one of those classic Constitution-meets-new-technology cases-and a little Big Brother-ish! Police had a warrant in the Jones case and tracked an accused major drug dealer. Interesting question for Vermont is whether, if the Court holds that there is nothing wrong with such tracking under the U.S. Constitution, whether the Vermont Supreme Court will part ways and require greater protections for privacy under the state Constitution as it has sometimes done. And don't forget we are waiting the appointment of a new Vermont Supreme Court justice to fill the seat vacated by retired Justice Denise Johnson. She was committed to departing from federal standards when it came to the rights of criminal defendants. It will be interesting to see if the new justice follows in her footsteps.

5. M.B.Z. v. Clinton: This case falls into the category of super interesting but not much direct impact on Vermonters. During the Bush administration, Congress passed a law requiring the secretary of State to record the place of birth on passports of U.S. citizens born in Jerusalem as Israel, if they request that. While President Bush didn't veto the law, he did say in a signed statement that he would not necessarily comply with the law if it frustrated foreign policy. Then and now, State Department policy is to record only Jerusalem as the place of birth given the ongoing dispute in the Middle East. This policy allows the United States to stay neutral relative to disputed territory, but Congress maintained that individuals should have the personal choice to list Israel and that such a policy would have little impact on foreign relations. The Court has to decide two things: First, can it even hear this case, or is this simply a political dispute between the executive branch and Congress. Second, if they do hear it, did Congress encroach on the president's authority under the Constitution to recognize foreign nations. It is a very important case on the balance of powers. My Constitutional Law class used M.B.Z. as a case study and ultimately split evenly on whether the president can ignore Congress on this one. This one is very hard to predict, but the outcome will expand or limit the powers of the president in the area of foreign relations.

6. CompuCredit Corp. v. Greenwood: This is the most important case on the docket that could affect the rights of consumers, including Vermonters. Congress passed the Credit Repair Organization Act (CROA) to protect consumers from credit repair organizations' unfair practices. Many of these organizations prey on the financially vulnerable, promising to help folks with debt but instead taking their money and making matters worse. In the language of the CROA, Congress gave consumers the "right to sue" these organizations. But CompuCredit had consumers sign agreements stating they would agree to binding arbitration, forgoing the right to sue in court, which is the legal venue in which consumers often fare much better. The Court will have to decide if Congress intended the term "sue" to include arbitration, noting that the federal government has long favored arbitration as a means to settle disputes. In recent years, the Court has made it difficult to bring class action lawsuits and held that federal arbitration statutes pre-empt state laws allowing for consumers to go directly to court. This case is widely expected to be another win for industry.

7. Sackett v. EPA: This is no doubt one of the most important cases for environmental advocates and lawyers. It could seriously undermine the ability of the EPA to enforce the Clean Water Act and other federal environmental laws. The Sacketts purchased land in a residential subdivision in Idaho and filled a wetland to build their home without EPA approval. Afterward, the EPA determined this land constituted a protected federal wetland and served the Sacketts with an administrative compliance order charging a violation of the Clean Water Act. The order required the Sacketts to reverse the changes they had made to the land and threatened civil and criminal penalties without permitting the Sacketts to challenge the order. The Sacketts argue they have the right to sue in federal court before complying with the order, and that the order violates their right to due process.

8. The Constitutionality of the Affordable Care Act: This important case is not yet on the docket but soon will be. There are a number of cases making their way to the Supreme Court on the question of whether the federal health care legislation that requires individuals to purchase health insurance or pay a penalty violates the Constitution, particularly Congress's power under the Commerce Clause. This case is a big deal for Vermont because our new health care plan is partially dependent upon more universal health coverage at the national level. If the Court strikes down part or all of the ACA, Vermont may have a much harder time implementing and paying for our health care system. Many expect that the Court will take on at least one of these cases this term, issuing an opinion by June 2012, just a few months before the next presidential election.

Environmental Leader Gus Speth Charts “America’s Rebirth”

Vermont Law School — 26 Sep 2011 16:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School Professor Gus Speth, a founder of the modern environmental movement, will call for a new American economic and political order in a three-part lecture series this fall starting Oct. 6.

"I think most Americans appreciate that our dear country is adrift in a sea of troubles," Speth said. "The lectures will explore how that came about and what we need to do to set a course for an attractive future for our children and grandchildren."

• Thursday, Oct. 6 Portrait of a Nation in Trouble: Why America Is at the Bottom of the OECD in Virtually Everything Important (OECD: Organisation for Economic Co-operation and Development)
• Thursday, Oct. 20 In the Beauty of the Morning: Envisioning America the Possible
• Thursday, Nov. 3 Writhing Free of an Old Skin: Forging a New Politics to Drive the New Economy

More information about the lecture series is available at www.vermontlaw.edu/ or from Suzanne Todd at stodd@vermontlaw.edu Vermont CLE credits are available.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

VT Law School to Mark “Don’t Ask, Don’t Tell” Law’s Repeal, Welcomes Military Recruiters Back to Campus

Vermont Law School — 22 Sep 2011 16:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School will host a ceremony on Thursday, Sept. 29, to mark the repeal of the "don't ask, don't tell" law and the impending return of military recruiters to campus after more than 25 years. The event will be at 4:30 p.m. in the Yates Common Room in Debevoise Hall.

Speaking will be Dean Jeff Shields, Professor Jackie Gardina and Alex Manning, a 2006 VLS graduate who was discharged from the military under the "don't ask, don't tell" law. Manning, a former agent with the Georgia Bureau of Investigations, is a criminal law and family law attorney in Georgia.

VLS was one of only two law schools in the nation that prohibited military recruiters on campus because of the law, which prevented gay men and lesbians from serving openly in the military -- and VLS was the only law school that forewent some federal funds because of its stance on "don't ask, don't tell." Shields has notified the Pentagon that military recruiters are allowed back on campus, and VLS's Career Services office is scheduling visits with representatives from the Judge Advocate General's Corps in the Army, Marines, Navy and Air Force.

VLS's nondiscrimination policy, which has remained unchanged since 1985, requires all employers to affirm that they do not discriminate based on protected characteristics, including sexual orientation. VLS's policy reflects no bias against the armed forces as a career for the school's graduates, but it opposed the military's long-standing discrimination in recruitment and discipline on the basis of sexual orientation.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Week of Sept. 12

Vermont Law School — 22 Sep 2011 16:00:00 EST

WCAX spoke with Associate Professor Jennifer Taub on Sept. 16 about Burlington Telecom's legal fight with CitiCapital.
Harvard Law School reported Sept. 16 that VLS Professor Michael McCann and a Harvard professor were named co-winners of the Society for Personality and Social Psychology's 2011 Media Prize in recognition of their outstanding work in The Situationist blog.
The Rutland Herald talked to professors Pat Parenteau and Cheryl Hanna on Sept. 16 about the Vermont Yankee federal trial.
NBA Video spoke with Professor Michael McCann on Sept. 15 about the NBA labor dispute.
WAMC Northeast Public Radio discussed the Vermont Yankee trial with Professor Cheryl Hanna on Sept. 15.
WCAX talked to Professor Cheryl Hanna on Sept. 14 about recovery efforts from Tropical Storm Irene.
USA Today carried an op-ed and CNN interviewed Susan Kennedy '92 on Sept. 13-14 about the shortage of lifesaving intravenous drugs needed to treat a variety of cancers in the United States.
WCAX spoke with Professor Cheryl Hanna about day two of the Vermont Yankee trial Sept. 13.
WDEV radio discussed the Vermont Yankee trial on Sept. 13 with professors Cheryl Hanna and Pat Parenteau.
Equal Time radio talked to Marianne Tyrrell, a global energy fellow and land use fellow, on Sept. 12 about home energy efficiency in Vermont.
WPTZ and WCAX discussed the opening day Sept. 12 of the Vermont Yankee trial with Professor Cheryl Hanna.

VT Law School Experts Read "Legal Tea Leaves" While Awaiting Vermont Yankee Ruling

Vermont Law School — 21 Sep 2011 16:00:00 EST

Vermont Law School professors Pat Parenteau, Cheryl Hanna and Don Kreis have been busy recently reading the "legal tea leaves" while awaiting a federal judge's decision in the trial over the controversial Vermont Yankee nuclear plant.

The professors have filed new commentaries in VLS's popular Vermont Yankee faculty blog about the questions and potential answers being contemplated by U.S. District Court Judge J. Garvan Murtha.

The future of nuclear power nationally could be influenced by the outcome of the lawsuit, which is why it is being watched so closely nationwide. Entergy's lawsuit challenges the constitutionality of Vermont's law giving the state Legislature veto power over the reactor's operation, as well as the right of any state utility commission nationwide to determine whether nuclear power should be part of a mix of electricity generation produced within the state.

Read VLS's Vermont Yankee faculty commentary blog.

VT Law School Helps Update Vermont’s Comprehensive Energy Plan

Vermont Law School — 21 Sep 2011 16:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School's Institute for Energy and the Environment (IEE) is playing an important role in updating Vermont's Comprehensive Energy Plan. A draft of the plan is open for public comment until Oct. 10.

The IEE was commissioned by the Vermont Department of Public Service (DPS) to craft a background to the plan, which addresses Vermont's energy future for electricity, thermal energy, transportation and land use. The plan, which was last updated in 1998, is being developed by the DPS in collaboration with other state agencies, the public and stakeholders such as VLS.

"Our goal was to support the plan and create a map of the regulatory and legal landscape of Vermont's energy policy," said Professor Michael Dworkin, director of the IEE. "The plan is to be used by decision makers and a lay audience who are looking for the forest, not the trees."

The plan's background crafted by the IEE evaluates the legal and decision-making aspects of Vermont's energy policy; identifies inconsistencies, tensions and other problems with the Legislature's energy goals and current laws; and identifies ways to resolve those problems.

The plan's primary purposes are to inform Vermonters about the challenges of maintaining a safe, reliable, affordable and sustainable energy supply; to examine efforts to address these energy challenges; and to make recommendations to achieve Vermont's energy goals.

Available to comment are Professor Dworkin at 802.831.1319 or mdworkin@vermontlaw.edu, and IEE Senior Global Energy Fellow Roman Sidortsov at 802.831.1384 or rsidortsov@vermontlaw.edu

The draft plan is available at: www.vtenergyplan.vermont.gov

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Indian Activist Studies Vermont Yankee Opposition, Seeks to Stop Plans for World’s Largest Nuclear Plant

Vermont Law School — 21 Sep 2011 16:00:00 EST

SOUTH ROYALTON, VT -- Indian activist Vaishali Patil will visit Vermont Law School on Friday, Sept. 30, to learn more about efforts by Vermont lawmakers and citizen groups to close the Vermont Yankee nuclear plant.

Her lecture at 12:45 p.m. in Oakes Hall, room 110, is free and open to the public. The event is sponsored by VLS's International Law Society and Environmental Law Society.

A grassroots advocate for the constitutional, human and land rights of women and tribal people in India, Patil will discuss opposition to a proposal to build the world's largest nuclear power plant on the earthquake-prone coastline south of Mumbai, India. The Jaitapur project is supported by the Indian government but opposed by farmers, fishermen and other community members, thousands of whom have been arrested in acts of non-violent civil disobedience.

Patil is visiting Vermont to learn more about efforts by Gov. Peter Shumlin, the Vermont Legislature and community groups to close Entergy's Vermont Yankee nuclear plant. She also will speak at 7 p.m., Wed., Sept. 28 at the Montpelier Unitarian Church.

More information about the VLS event is available from Ida Nininger at inininger@vermontlaw.edu.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235,mailto:jcramer@vermontlaw.edu

FTC Commissioner Julie Brill to Deliver 2011 Waterman Lecture

Vermont Law School — 19 Sep 2011 16:00:00 EST

SOUTH ROYALTON, VT -- Federal Trade Commission Commissioner Julie Brill will discuss consumer protection and other issues at Vermont Law School's 2011 Sterry R. Waterman Lecture at 4 p.m., Tuesday, Sept. 27 at the Chase Community Center. Her talk is titled "Finding Heroes in a Small World". It is free and open to the public.

Brill, who was sworn in as an FTC commissioner in 2010, works on issues most affecting today's consumers, including protecting consumers' privacy, encouraging appropriate advertising substantiation, guarding consumers from financial fraud and maintaining competition in industries involving high tech and health care. Brill has received several national awards for her work protecting consumers. She has testified before Congress, published numerous articles and served on many national expert panels focused on consumer protection issues such as pharmaceuticals, privacy, credit reporting, data security breaches and tobacco.

Previously, she was the senior deputy attorney general and chief of consumer protection and antitrust in Vermont for more than 20 years. She has received several national awards for her work protecting consumers. She clerked for Vermont Federal District Court Judge Franklin S. Billings, Jr., from 1985 to 1986. She graduated from New York University School of Law.

The Sterry R. Waterman lecture is named in honor of the late senior judge of the U.S. Court of Appeals for the Second Circuit and a former president of the Vermont Law School Board of Trustees.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

VT Law School's Response to Irene Exceeds "Highest Expectations"

Vermont Law School — 15 Sep 2011 16:00:00 EST

When the White River raged on Sunday, Aug. 28, it literally changed the landscape of Vermont Law School and nearby communities. Uprooted trees were scattered across fields; farms were transformed into mud pits; floodwaters swirled through homes; roads collapsed; and bridges were broken.

Royalton Bridge. Credit: Top Kat Photo

Yet while Tropical Storm Irene caused much damage, it also strengthened the foundation of a community as VLS students, faculty, staff and alumni responded with an outpouring of donations, manual labor and legal aid to help their neighbors recover.

"There was a tremendous amount of spontaneous work," VLS Dean Jeff Shields recalled of the first few days after the floodwaters hit. "It was that fanning out into the community and neighboring communities, and thousands of hours of students and staff time trying to be of help at the early, crucial stage. I'm proud of what our people did."

Chris Foy '12. Credit: Valley News - Polina Yamshchikov

The law school had its own matters to deal with as the storm caused about $500,000 in damage to buildings, parking lots, the outdoor classroom and Internet servers. There were also logistical issues to address when faculty and students in outlying areas were cut off from campus as the first day of a new school year approached. And there was the immediate challenge of finding housing for students, faculty and staff who were rendered homeless by the damage.

Within days after Irene's deluge, VLS had set up an email address for contributions and created a web page to guide local residents to helpful resources. Three VLS staffers were assigned to work with local communities on flood relief efforts, while the Land Use Clinic and South Royalton Legal Clinic offered help to residents with FEMA applications and insurance claims.

Perhaps most critical to the recovery effort, an estimated 250 VLS students answered the call for clean-up help, many of them mucking through dense mud and silt, others collecting clothes, serving food to volunteers and doing other tasks.

VLS students removed mud from flooded homes. Credit: Katie Thomas '13

"The response of the students went beyond my highest expectations," Shields said. "There were so many who reached out to help other people. There are a lot of other things they might have done, and instead they found work boots, work gloves and waders and they pitched in and went at it."

Associate Dean Shirley Jefferson added: "I'm not shocked and I'm not surprised at our students coming to help," said Jefferson, who first arrived at VLS in 1982 as a student. "I'm happy now that there are so many people who can see the beauty and the compassion in our students, things I've always known but now everyone knows."

Operation Revive Royalton

Sarah Buxton JD '10 was among those who quickly went into crisis-response mode. Still in her first year as state representative for Royalton and Tunbridge, she toured the area on Monday morning as the floodwaters were still receding. "It was very clear that the devastation was pretty enormous," she said.

Sarah Buxton '10. Credit: Top Kat Photo

Checking in with local fire and rescue workers and constituents, she learned of the five feet of standing floodwater in the South Royalton School. "I asked the principal if I could organize volunteers and try to start mobilizing people in response to the shock, and start the momentum towards recovery and rebuilding," said Buxton, who also works in the VLS Office of Institutional for Advancement.

Within hours, she had created a Facebook page and established "Operation Revive Royalton." With the help of a few tech-savvy friends, a website soon went up to solicit donations and organize volunteers to help those affected by the storm. "It became an extremely organized operation," she said, noting that in its first days, the effort drew 1,000 volunteers and had raised nearly $20,000 in donations. She went to a hardware store to buy supplies for the clean-up effort, draining the reserves of her campaign fund in the process, and then went knocking on doors to round up VLS students for the effort. "I don't think there's a single person in our town who would say that VLS wasn't integral to the recovery," she said.

Jeff Fucci '14, Carissa Wong '12, Peter Dysart '14 and Molly Gray '14 (left to right). Credit: Carissa Wong '12

And in hindsight, Buxton believes her law school experience has served her well in reaching out to constituents during such a challenging time. "I knew going through law school that I might not be a typical lawyer, but many professors would always talk about the different skills we are gaining through various exercises or class projects," she said. "Whether analytical skills, communications skills, troubleshooting or understanding your client, I knew I had the toolbox of skills that I could draw upon."

Clinics Offer Help--And Experience

Completing the paperwork for federal assistance or insurance claims can be a daunting task for anyone, let alone for residents traumatized by losing their most cherished possessions or having pieces of their home swept downriver. Many victims of Irene also didn't have computers or phone lines available to do so. That's where the VLS Land Use Clinic and the South Royalton Legal Clinic stepped in.

Floodwaters dumped debris on the VLS campus. Credit: Top Kat Photo

Just three days after the storm hit, the clinics started to help residents file FEMA's required paperwork or refer them to attorneys for legal help. The Land Use Clinic aided 25 residents in the first two weeks after the flood, said Kat Garvey, a staff attorney and assistant professor. The clinic was staffed by 30 students who volunteered their time, along with 10 faculty and staff members. Its doors will be open six hours a day for six days a week until the end of September.

"I'm so proud of the work that students and faculty at the Land Use Clinic and SRLC have done," said Margaret Barry, Acting Dean for Clinical and Experiential Programs. "It's especially heartening to see even first-year students helping for days on end."

Several people that the Land Use Clinic served had lost their homes and all of their possessions. Others had lost their crops, livestock, work vehicles and equipment -- their entire lives. "These were very hard stories to hear," Garvey said.

There were also cases in which insurance companies made low offers to settle claims, according to Garvey. These cases were referred to outside attorneys because they were beyond the services that the clinics could provide. "What was critical was for these people to get sound advice before accepting the settlements," she noted. But in most cases, the flood victims simply needed help with the registration process for the Federal Emergency Management Agency, which would determine if they are eligible for grants covering up to $30,000 in losses.

Flooded Oakes Hall parking lot. Credit: Top Kat Photo

"I think the main advantage for the students is client counseling," Garvey said. "There are people coming in who have just experienced trauma. They are often vulnerable and ill equipped to respond to the FEMA process. This gives the students an opportunity to learn the important skills of listening, recognizing that empathy is appropriate and useful in helping people, and to learn that by applying these skills they can provide help in the administrative process and identify the legal issues that require referral."

And their help has clearly been appreciated by those needed it. "Despite the trauma, everyone who has come in has been very gracious," Garvey said. "Not only have they said ‘thank you' to everyone who helped them, but they've said ‘thank you' to the whole room."

Shelter from the Storm

Before he enrolled in law school, Janssen Willhoit spent a year working as an AmeriCorps volunteer in a Kentucky rescue mission, serving as an employment counselor with displaced residents. The experience served him well in the aftermath of Irene.

Now a 2L, Willhoit and his wife had attended church services and were trying to make their way from Bethel back home to Tunbridge during the height of the storm. They found their normal route impassable so they took the back roads from Randolph Center, where the Vermont National Guard was on standby at Vermont Technical College to rescue flood victims.

Janssen Willhoit '13. Credit: Janssen Willhoit '13

The next morning, Willhoit began calling churches to find help for residents displaced by the flooding. What materialized was an agreement with VTC to use unused dormitory space as a temporary shelter for evacuees. Many had been treated for injuries at the local hospital and released but were unable to return to their damaged homes. The dorm rooms housed up to 20 people. Some came with bandaged wounds. Willhoit worked with Buxton to arrange for an emergency medical technician to volunteer at the shelter. A home health nurse also came to the shelter each day.

A 94-year-old woman was among those displaced. She suffered an ankle injury in the evacuation. "It took a couple of us to help her and move her. She was a really sweet lady," he said. He worked on having her admitted to a nearby nursing home after she spent several days in the shelter. Willhoit was there around the clock until classes got underway two days later than scheduled due to Irene. He then continued serving at the shelter on the overnight shift, reporting in at 9 p.m. and staying through the early morning hours.

"It Looks Like a War Zone"

Fox Stand Bridge. Credit: Top Kat Photo

Peg Trombly was one of three VLS staffers named to help local communities in the days after the flood. She had served on the Royalton Select Board for five years, including a term as chairperson. Three days after Irene hit, she attended the select board's community meeting, where residents discussed the volunteer response and plans for rebuilding.

"What I took away from that meeting is that there was a wonderful sense of everyone doing their own thing, yet pulling together in such a disaster to reach out and be of assistance," said Trombly, who praised the efforts of the local fire and rescue workers who evacuated residents and then parked their equipment on both sides of the river, so people wouldn't be cut off if the bridges failed.

"A disaster of this magnitude, it was far from people's realization that this could happen. The height of the water was much higher than it has ever been," she said, recalling her drive down Back River Road after the storm. "It's so hard to even process, you just can't believe it. It looks like a war zone with the trees all down. It took a couple of drives down there for me to realize what happened."

J.P. Isabelle '11. Credit: Herald - Tim Calabro

Trombly believes the outpouring of support from the students and staff, combined with plans for the first VLS Community Day on Sept. 24 -- a celebration of the relationship between VLS and South Royalton that was planned long before the storm hit -- are all positive factors in helping with the traditional town-gown relationship.

"Certainly the law school offered up their services in wonderful ways. Students participated in amazing numbers," she recalled. "Just the response of the students has been amazing. It was right at the beginning of school and it was a difficult time." And the select board acknowledged the law school's contributions at that initial meeting, she said, adding, "They expressed appreciation."

Efforts from Afar

From more than 800 miles away, Doug Mulvaney JD '83 followed the news of Irene's damage in Vermont, looking specifically for reports about South Royalton. He found a story about damage to the South Royalton School's music room and the instruments it housed. He sent an email to Vermont Law School's newly established contribution link with an offer of help.

Marissa Knodel '13. Credit: Herald - Zach Nelson

"I live in Elkhart, Indiana, the headquarters for many band instrument companies," he wrote. "If the high school is in need of replacement instruments, I would be happy to see what I could do regarding donations."

Mulvaney has since been in touch with the school's band director and is working to find a company willing to donate or at least sell instruments at cost. He was just one of many alumni who checked in with offers of help, spurred to action by the frustration of being unable to work directly on the clean-up effort.

"I like to help out," Mulvaney said, describing himself as "a recovering band parent" whose college-aged daughter plays trombone in a jazz band.

"I Could Have Lost More"

South Royalton Bridge. Credit: Top Kat Photo

As associate director of the VLS Land Use Clinic, Peg Elmer is well versed in adaptation and mitigation issues and the worsening storms brought on by climate change. When she bought her circa 1805 two-story Cape home four years ago, she researched its history and learned that it had taken on water in the historic 1927 flood. The house, alongside Route 14 about a mile north of campus, was not mapped in a flood plain, but Elmer knew the scenic White River could crest its banks. "It's a very flashy river," she said. "It goes up and down a lot." She bought flood insurance, hoping she would never have to use it.

As the reports on Irene developed, she checked her sump pumps and was prepared to wait out the storm. But shortly after noon that Sunday, still hours before the brunt of Irene was to hit the area, she watched the river suddenly rise three feet. She called the fire department to say she and her tenant, a VLS student, were planning to evacuate. He told them to leave right away.

When she returned a day later via Route 14 in Sharon, she sensed her home may have been hit hard as she saw the damage that the river caused further downstream. She found her home still sitting on its foundation - "it hadn't budged" -- but the river ran through it.
"It slammed through my house at a level of four feet high and floated my piano," Elmer said. "There was furniture swirling inside."

Two weeks after the storm, the house had been stripped to bare bones and Elmer was contemplating her plans to rebuild. Does she build four feet higher this time? She recognized the ironies involved, the dilemma of rebuilding in an area that may be prone to flooding and that her background in land use is what prompted her to be among the few to have flood insurance. And then she managed a moment of humor in reflecting on her work. "A lot of our projects (at the Land Use Clinic) have a filter of climate change and increasing storm events," she offered. "I'm immersed in the topic."

The help of as many as 60 volunteers in a day and the support of VLS staff have helped her through the reality of hauling 16 truckloads of ruined belongings away, including her 200-year-old wide pine floors. "I could have lost more," she said, "that's for sure."

Kirsch House. Credit: Top Kat Photo

Professor Barry and her husband, Pat Barry, evacuated VLS's Kirsch House, where they had just moved in July. "We saw the river rising, but it was not until it broke its banks that we got wary. We began to move very fast once it started to cover the nearby parking lot," she said. The Barrys grabbed some belongings and put them in their car, along with their dog. "When we left, we thought the house would be pushed off of its foundation and float down river."

That didn't happen, but the house sustained major damage. The next day, a brigade of students arrived to help pack the belongings that had not been ruined by the flood. "It was so heartening to have the students there. Their energy and resourcefulness allowed us to move past the shock of having the home we had just set up turned upside down," Barry said.

The Bucket Brigade

Rob Caron is a local landlord who rents many of his properties to VLS students and faculty. One such property, a ranch house along South Windsor Street, was particularly hard hit. It housed a VLS faculty member and her spouse.
"All of their possessions were gone," he said, noting the flood waters left a foot of mud throughout the house. Caron recognized that quick action would be critical to salvaging his properties. Carpets, flooring and drywall needed to be removed before mold set in.
And he needed help in not just one house but five.

Jennie Demjanik '13 and Sara Li '13. Credit: Herald - Tim Calabro

"It was just overwhelming. Between the law school and the community, people just started pouring in to help," he recalled. At one point, Caron counted upwards of 50 people in one of his homes working bucket brigades - half of them in the cellar and the others on the first floor.

The VLS students were a determined lot.

"Every day until classes started, they came. And every day a different group came. Even after classes started, if they didn't have morning classes, they came," he said. To his surprise, many of the students were just entering their first year at VLS, so they hadn't even had time to establish ties to the area.

"It was hard for them to go back to class. They said they wished they could just stay here to help," he said. "They showed a certain amount of social responsibility."

See more photos.

Week of Sept. 5

Vermont Law School — 12 Sep 2011 04:00:00 EST

The Associated Press, whose Sept. 11 story was carried by The New York Times, Huffington Post, CBS MoneyWatch, Yahoo! News (in the U.S. Philippines, Malaysia and Singapore), CNBC, Boston Globe and other media nationwide, spoke with Professor Pat Parenteau about the start of the Vermont Yankee federal trial.

Sentidos Comunes (Chile) carried a Sept. 11 op-ed by Alejandro Hernández González '13 about the tenth anniversary of the Sept. 11, 2001, terrorist attacks on the United States.

The Rutland Herald talked to Professor Jim May and Assistant Professor Kat Garvey on Sept. 10 about VLS clinical students helping Irene victims with FEMA paperwork and legal assistance.

Seven Days talked to Geoff Hand '03 on Sept. 9 about his volunteering to help Tropical Storm Irene victims to fill out FEMA paperwork.

The Street, Reuters, Yahoo! News and other media nationwide reported Sept. 7 on Adjunct Professor Peter Bradford and other nuclear experts marking the six-month anniversary of the Fukushima nuclear disaster in Japan.

Law360 spoke with Adjunct Professor Jack Tuholske on Sept. 7 about whether Nebraska has the power to reroute a proposed Canadian oil sands pipeline that would cross the third-largest aquifer in the U.S.

Sports Illustrated's SI.com Video talked to Professor Michael McCann on Sept. 7 about what a legal threat from Baylor does to Texas A&M's hopes of moving to the SEC conference.

Community Day to Focus on Irene-Recovery Efforts

Vermont Law School — 09 Sep 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School and the Town of South Royalton will host their first annual Community Day from 10 a.m. to 2 p.m., Saturday, Sept. 24 to celebrate the relationship between the state's only law school and the historic community where it is located. That relationship has been highlighted by VLS's relief and recovery efforts for residents who have been hit by Tropical Storm Irene.

Chris Foy '12 removes mud from a South Royalton resident's barn after Tropical Storm Irene. Credit: Valley News - Polina Yamshchikov

In the wake of Irene, the day's focus has changed from generally strengthening VLS-community relations to supporting efforts to revive Royalton and to lift community spirits. Activities, which will take place on the VLS campus, the Town Green and Carpenter Field, will include storm-recovery information tables as well as campus tours, a climbing wall, lawn games, local bands, free food and ice cream, raffle, clowns, face painting and more.

"This event will build awareness of the opportunities and services that Vermont Law School and the community offer each other," said Peter Gill, associate director of VLS's Student Affairs and Community Relations Officer. "This mutual support can be seen in how VLS and the community have worked together during Irene."

VLS and South Royalton have had a collaborative relationship since the school opened in 1973. Among the assets that VLS brings to the community are free legal services at the South Royalton Legal Clinic and the Environmental and Natural Resources Law Clinic; student community service projects, including prevention of domestic violence, promoting home energy efficiency and aiding teen mothers; free campus lectures on local, national and international issues; a fitness center; and the Magic Mountain Children's Center.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Week of Aug. 29

Vermont Law School — 09 Sep 2011 04:00:00 EST

The Associated Press, National Law Journal, Vermont Public Radio, Valley News, WCAX, FOX 44, VTDigger.org and other media reported Sept. 1-4 on VLS's relief efforts for residents hit by floodwaters from Tropical Storm Irene.

In his Sports Illustrated column Aug. 31, Professor Michael McCann discussed the latest in the legal case against former baseball star Barry Bonds.

Reuters, whose Aug. 30 story ran in the Guardian (England), Arab Times (the Middle East's leading English language daily), Ottawa Sun (Canada), Yahoo! Sports (United Kingdom and Ireland) and other media, talked to Professor Michael McCann about Los Angeles Dodgers owner Frank McCourt putting the team in bankruptcy.

Reuters, Yahoo! Finance and other media reported Aug. 29 on VLS's U.S.-China Partnership for Environmental Law receiving a grant from the US-China Legal Cooperation Fund.

The New York Times cited Professor Philp Meyer's research in an Aug. 29 article about a controversial defense lawyer in a triple murder case in Connecticut.

Weeks of Aug. 15-Aug. 22

Vermont Law School — 09 Sep 2011 04:00:00 EST

OnEarth talked to Professor Gus Speth on Aug. 24 about how consumerism is outstripping the planet's resources and only a change in economic values will promote sustainability.

Vermont Public Radio aired a commentary Aug. 23 by Dean Jeff Shields about VLS's shift to serving locally grown food.

The Japan Times spoke with Adjunct Professor Peter Bradford on Aug. 21 about lessons from Three Mile Island's partial meltdown that may be applied to the Fukushima nuclear disaster in Japan.

The Corvallis Gazette-Times (Ore.) spoke with Mark Cooper on Aug. 21 about the costs of nuclear power and bringing a small modular reactor to market. Cooper is a senior research fellow for economic analysis at the Institute for Energy and the Environment.

The New York Times, Wall Street Journal, NPR, Associated Press, FOX News, USA Today, Forbes, Huffington Post, Greenwire, The Hill, The Nation, Reuters, Agence France-Presse, Rolling Stone, Grist, Salon, Daily Kos, Yahoo! News (U.S. and Canada), Sky News Australia, Macau Daily Times, Oman Tribune, Taiwan News, Treehugger, SmartMoney and hundreds of other media worldwide reported Aug. 20-24 on the arrest of Professor Gus Speth and others during protests against a proposed Canadian oil sands pipeline into the United States. It was the largest display of civil disobedience in decades in the U.S.

The Capitol spoke with Kevin Jones, VLS's smart grid project leader, about lessons from deregulating New York's electric market.

In his Sports Illustrated column on Aug. 19, Professor Michael McCann wrote about the first class-action lawsuit to be brought against the NFL for concussions and other head injuries.

In his Aug. 18 column in Sports Illustrated, Professor Michael McCann discussed the legal implications for professional athletes after a minor league baseball player tested positive for Human Growth Hormone.

WAMC Northeast Public Radio spoke with Professor Pat Parenteau on Aug. 18 about tritium being detected in the Connecticut River near the Vermont Yankee nuclear plant.

Vermont Public Radio talked to professors Cheryl Hanna and Pat Parenteau on Aug. 18 about witnesses who may be called in the upcoming Vermont Yankee federal trial, including Adjunct Professor Peter Bradford.

The Pittsburgh Post-Gazette included VLS's Environmental and Natural Resources Law Clinic in an Aug. 17 story about a controversial proposed coal and natural gas energy project in southwestern Pennsylvania.

WCAX talked to Professor Cheryl Hanna on Aug. 17 about a new ruling on federal health care reform that sets the stage for a fight before the U.S. Supreme Court.

VTDigger.org ran an op-ed column Aug. 17 by Assistant Professor Don Kreis about the controversial severance package given to UVM President Dan Fogel by the University of Vermont Board of Trustees.

The Alaska Public Radio Network, ABC affiliate KTUU and CBS affiliate KTBA in Anchorage spoke with Associate Professor Betsy Baker on Aug. 16 about her presentation at the Institute of the North and the need for Arctic nations to coordinate regulations for oil and gas development.

The Associated Press reported Aug. 16 on the death of Francis E. Morrissey Jr. '88, a prominent attorney in Vermont.

Vermont Public Radio spoke with Assistant Professor Don Kreis on Aug. 16 about what kinds of information that utilities should be allowed to keep secret.

In his Sports Illustrated column on Aug. 15 and an interview with Chicago the Score Sports Radio CBS 670, Professor Michael McCann discussed the latest controvery involving Chicago Cubs pitcher Carlos Zambrano.

Greenwire spoke with Professor Pat Parenteau on Aug. 15 about environmental groups' legal efforts to stop the hunting of gray wolves in Idaho and Montana.

VT Law School Clinical Students Prompt Enforcement Actions at Largest Coal Refuse Pile East of Mississippi River

Vermont Law School — 08 Sep 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Federal mining authorities identified several deficiencies in the wastewater treatment system at the largest coal refuse pile east of the Mississippi River during a recent inspection prompted by Vermont Law School's Environmental and Natural Resources Law Clinic (ENRLC) and the nonprofit Environmental Integrity Project (EIP) ) on behalf of their client Residents Against the Power Plant (RAPP).

The U.S. Office of Surface Mining Reclamation and Enforcement (OSMRE) on Aug. 30 inspected the Champion Processing Coal Refuse Disposal Area, a 600-plus acre site in Washington County in southwestern Pennsylvania. The Champion site contains more than 35 million tons of coal refuse generated from more than 60 years of processing coal from nearby mining operations.

Federal inspectors found Champion had failed to maintain the stability of a treatment facility in conformity with good engineering design. Federal inspectors also asked the EIP and ENRLC to provide more information on water supplies that may be impacted by the coal refuse site.

State officials accompanied OSMRE representatives during an inspection earlier last month and cited Champion for failing to maintain its water treatment facilities to ensure compliance with effluent limitations. State and federal officials also observed water bypassing the collection system and are awaiting test results to determine whether to take additional enforcement actions.

The OSMRE's decision to grant an inspection came nearly 18 months after the ENRLC first asked the Pennsylvania Department of Environmental Protection (DEP) on Oct. 27, 2010, to address potential violations of federal and state air, groundwater and surface water regulations that were identified by the ENRLC and EIP. The two groups also pressed federal authorities to address the unnaturally neon blue "Beaver Pond" north of the coal refuse pile that is visible from Route 22.

Although the OSMRE does not typically grant inspections, the agency determined that federal action at the Champion site was necessary because the Pennsylvania DEP failed to adequately address violations that were previously identified. In addition, the OSMRE is investigating whether Champion has provided adequate financial assurance to cover the cost of full reclamation and is asking state regulators to address potential violations from fugitive dust emissions and groundwater pollution based on information submitted by the ENRLC.

"Our clients and the EIP are pleased that federal authorities recognized the need to investigate potential violations that have gone unaddressed for years," said Ken Rumelt, an ENLRC staff attorney who accompanied OSMRE representatives on the Aug. 30 inspection, adding that the ENRLC student-clinicians were instrumental in gaining the OSMRE's attention. "The OSMRE has already identified violations during its limited involvement at the Champion site and has prompted state authorities to take notice of our concerns."

Cathy Lodge, a nearby resident and the founder of RAPP, said: "After the Pennsylvania DEP and the regional OSMRE office denied our request to inspect two ponds at the Champion site that we fear may be harming our community, we are pleased that some actions are finally being taken."

RAPP and EIP also oppose the site owner's proposal to use the coal refuse as fuel for a waste coal-fired power plant that would be constructed nearby, then return the coal combustion waste to the site for disposal in mines. The U.S. Environmental Protection Agency is deciding how to regulate disposal of coal combustion waste under federal waste disposal laws - namely whether to promulgate federally enforceable protections, which EIP and other environmental groups support, or using the unenforceable "guidelines" that states can choose to adopt or ignore, which the environmental groups oppose for failing to protect public health and the environment. OSMRE will be making a similar determination about how to regulate coal combustion wastes dumped into mines.

Waste coal power plants are a major source of air pollution, including greenhouse gases. Coal combustion wastes from power plants also create a significant threat to groundwater, particularly when disposed in unlined pits and in abandoned mines. Coal combustion waste is known to contain toxic metals, including arsenic, lead, mercury, cadmium, selenium and other pollutants.

"Coal refuse and coal ash pollution leads to serious environmental problems such as acid mine drainage and the release of toxic metals such as arsenic, selenium, and hexavalent chromium in to the environment," said Lisa Widawsky, an EIP attorney who attended the Aug. 30 federal inspection. "The residents living near the Champion site have a right to know whether their water and air contain these dangerous pollutants, and we are thankful that OSMRE agreed that this site warrants closer inspection and cited the Champion Processing for regulatory violations."

The owners of the Champion site have also proposed constructing a gas turbine and waste coal power plant on the Beech Hollow property adjacent to the Champion site. The Robinson Township Board of Supervisors and Planning Commission had a public meeting on Sep. 12 to discuss a zoning change needed for the gas turbine unit.

Read the OSMRE letter granting the inspection.

For more information, contact Kenneth Rumelt, ENLRC staff attorney, at (802) 831-1031 or krumelt@vermontlaw.edu,or Lisa Widawsky, EIP attorney, at (202) 263-4452 or Lwidawsky@environmentalintegrity.org.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Vermont Yankee Trial Starts: VT Law School Experts Available to Comment on Federal Case That May Influence Nuclear Power Across U.S.

Vermont Law School — 08 Sep 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School faculty experts will attend opening arguments at the Vermont Yankee federal trial on Monday, Sept. 12, and are available to comment throughout the trial.

They also will continue to analyze key developments in the case on the school's Vermont Yankee lawsuit faculty commentary blog.

Professors Pat Parenteau and Cheryl Hanna will attend Monday's opening arguments in U.S. District Court in Brattleboro. Professor Michael Dworkin and Assistant Professor Don Kreis also are available to comment.

Entergy Nuclear Vermont Yankee, LLC et. al. v. Shumlin et. al. is being watched nationwide because of its potential to affect nuclear power across the United States. The U.S. Nuclear Regulatory Commission has renewed Entergy's current operating license, which expires in March 2012. But the Vermont Legislature won't allow the state Public Service Board to issue a certificate of public good, which is required under Vermont law.

Entergy's lawsuit challenges the constitutionality of Vermont's law giving Vermont lawmakers veto power over the reactor's operation, as well as the right of any state utility commission nationwide to determine whether nuclear power should be part of a mix of electricity generation produced within any state.

• Professor Parenteau is available at 802.831.1305 (office) or pparenteau@vermontlaw.edu
• Professor Hanna is available at 802.831.1282 (office), 802.233.8818 (cell) or channa@vermontlaw.edu
• Assistant Professor Kreis is available at 802.831.1374 (office), 603.277.0330 (cell) or dkreis@vermontlaw.edu
• Professor Dworkin is available at 802.831.1319 (office) or mdworkin@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Media Report on VT Law School's Irene Relief Efforts

Vermont Law School — 08 Sep 2011 04:00:00 EST

The Associated Press, National Law Journal, Vermont Public Radio, Valley News, WCAX, FOX 44, VTDigger.org and other media reported on Vermont Law School's relief efforts for homeowners, farmers, schools and others hit by floodwaters from Tropical Storm Irene.

Ry Meyer '13 clears debris from South Royalton School.

Hundreds of VLS students, staff and faculty volunteered at tasks ranging from shoveling mud out of houses and collecting donations of cash, clothes and household items to helping residents fill out FEMA applications. VLS also established a relief fund to help its students, staff and faculty whose homes were damaged or destroyed by the storm.

VLS's classes started two days late because of an electricity, telephone and Internet outage caused by the storm. Floodwaters caused an estimated $500,000 in damage on campus to two buildings, three riverside parking lots, the outdoor classroom and Internet servers.

Read reports by the AP, whose story was carried by the Boston Globe and other news outlets nationwide, as well as the NLJ, VPR and Valley News.

Jeff Fucci '14, Carissa Wong '12, Peter Dysart '14 and Molly Gray '14 (left to right) helped South Royalton residents.

Prof. McCann Receives Prize From Society for Personality and Social Psychology

Vermont Law School — 07 Sep 2011 04:00:00 EST

Vermont Law School Professor Michael McCann and Harvard Law School Professor Jon Hanson have been selected as the co-winners of the Society for Personality and Social Psychology's 2011 Media Prize in recognition of their outstanding work in promoting personality and social psychology research to the general public via The Situationist blog. McCann and Hanson co-founded the blog.

The Situationist is a forum for scholars, students, lawyers, policymakers and interested citizens to examine, discuss and debate the effect of situational forces -- that is, non-salient factors around and within us -- on law, policy, politics, policy theory and our social, political and economic institutions. The Situationist is associated with The Project on Law and Mind Sciences at Harvard Law School.

The Society for Personality and Social Psychology (SPSP) is an international organization of scholars and the largest professional society in the world devoted to social and personality psychology. The SPSP also includes representation of Division 8 (Social and Personality Psychology) of the American Psychological Association. The members of SPSP conduct much of the research drawn upon, promoted and publicized by The Situationist blog.

VT Law School Continues Aid to Irene-Damaged Communities

Vermont Law School — 02 Sep 2011 04:00:00 EST

SOUTH ROYALTON, VT—Heading into the Labor Day weekend, Vermont Law School students, faculty and staff will continue volunteering to help Vermont residents affected by Tropical Storm Irene, including offering legal aid and assistance filling out FEMA applications.

"Vermont Law School is determined to do whatever it can to help in our local community and across the region," said VLS Dean Jeff Shields.

VLS student James Olaleye '13 cleans up storm damage in South Royalton.

Since the storm struck Sunday:

• Hundreds of VLS students, faculty and staff have helped to clean up homes damaged by floodwaters in South Royalton and other communities. The students also are delivering food, beds and other supplies. Two students have suffered minor injuries during the cleanup.
• VLS's Land Use Clinic and South Royalton Legal Clinic are helping residents to fill out FEMA applications in the VLS library from 5 p.m. to 8 p.m., Sept. 6-9. From Sept. 10-30, clinic hours will be 10 a.m. to 4 p.m. Saturdays and 1 p.m. to 7 p.m., Monday through Friday. The South Royalton Legal Clinic also will provide civil legal assistance. For more information, call 802.831.1028. Residents should bring their Social Security number, address, contact telephone number, insurance information, total household income, bank routing and account information (if they want FEMA funds directly deposited into their bank account) and a description of losses caused by the disaster. If residents need additional legal advice, VLS volunteers will put them in contact with someone who can assist them.
• VLS has assigned two of its staff—Sarah Buxton, a member of the Vermont House of Representatives, and Peg Trombly, a former chairman of the South Royalton Select Board—to work full time on relief efforts in local communities for the foreseeable future. Another staff member, Abby Armstrong, a long-time volunteer in her hometown of Sharon, has been assigned to aid Sharon town officials this weekend.
• The VLS faculty has loosened class attendance requirements, so students can continue to volunteer during normal class time and make-up assignments later.
• VLS is allowing additional staffers to volunteer for short-term community relief efforts while continuing to receive their school paychecks.
• Eight faculty and staffers whose homes are cut off have been put on paid administrative leave. Faculty and staffers whose commutes have been extended to several hours because of road closures are being allowed to work flexible schedules.
• VLS is offering counseling to VLS students, staff, faculty and their relatives who need support.
• VLS is soliciting cash donations for Operation Revive Royalton to aid South Royalton and Royalton residents affected by Irene.
• Alumni and Reunion Weekend on Sept. 16-18 will continue as scheduled but with opportunities for alumni to volunteer for Irene relief efforts.
• VLS has created a web page for post-Irene updates.
• VLS has established the VLS Relief Fund to accept financial contributions to aid VLS students, staff and faculty whose homes have been destroyed, damaged or cut off by floodwaters.
• VLS has created an email address—contributions@vermontlaw.edu—for students, staff and faculty to match volunteer needs and services.
• Many VLS students, faculty and staff will be volunteering in various communities this weekend and are available to comment. They include Sarah Buxton at 802.233.0274 or sbuxton@gmail.com and third-year students Meredith Crafton at 206.280.7011 or merecrafton@gmail.com and Janssen Willhoit at 802.431.5118 jwillhoit@vermontlaw.edu.

VLS's classes started Wednesday, two days late, because of an electricity, telephone and Internet outage. All systems have been restored. Floodwaters caused an estimated $500,000 in damage on campus to two buildings, three riverside parking lots, the outdoor classroom and Internet servers.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Vermont Law Professor Gus Speth Walks the Talk

Vermont Law School — 23 Aug 2011 04:00:00 EST

Vermont Law School Professor Gus Speth was arrested Aug. 20 in Washington, D.C., at the start of the Tar Sands Action, a civil disobedience effort to stop the proposed Keystone XL Pipeline.

The proposed pipeline would send more than 800,000 barrels a day of mining oil to U.S. refineries and and further increase the development of the Alberta tar sands.

Speth, an expert in climate change and environmental ethics, released the following statement from jail:

"We, the prisoners being held in the Central Cell Block of the D.C. Jail, need company and encourage the continuation of the protests against the tar sands pipeline. Help us stop this disastrous proposal! I've held numerous positions and public office in Washington, but my current position feels like one of the most important."

"Hat's off to Gus Speth for speaking truth to power. President Obama, there's your role model," said VLS Professor Pat Parenteau.

View Professor Speth's comments at the Tar Sands Action.

Week of Aug. 8

Vermont Law School — 15 Aug 2011 04:00:00 EST

The New York Times, FOX News, Forbes, BusinessWeek, Salon, Huffington Post, CBS MoneyWatch, Inside Higher Ed, Yahoo! News (in the U.S. and overseas), Stars and Stripes, Boston Globe, Vermont Public Radio, Valley News and other media carried an Associated Press story Aug. 14 about VLS's plan to allow military recruiters back on campus when the "don't ask, don't tell" law's repeal becomes effective in September.

The Wyoming Tribune Eagle spoke Aug. 12 with Professor Pat Parenteau about a congressional proposal to prohibit lawsuits over ending federal protection for gray wolves in the Northern Rockies.

WAMC Northeast Public Radio talked to Assistant Professor Don Kreis on Aug. 11 about the Nuclear Regulatory Commission's decision requiring Entergy to pay $40 million to the decommissioning fund for its Vermont Yankee nuclear plant.

The Observer-Reporter (Penn.) reported Aug. 10 on the Environmental and Natural Resources Law Clinic's involvement in a proposed waste coal-fired power plant in southwestern Pennsylvania.

The Macon Telegraph (Ga.) ran a McClatchy Newspapers story Aug. 10 talking to Professor Mark Latham about Republican efforts to block federal regulations that protect the environment.

Wind Today and other media cited Mark Cooper's research in an Aug. 9 report by the American Wind Energy Association about U.S. wind energy. Cooper is a senior research fellow for economic analysis at the Institute for Energy and the Environment.

Week of Aug. 1

Vermont Law School — 08 Aug 2011 04:00:00 EST

The Associated Press, whose Aug. 7 story was carried worldwide by more than 215 news outlets, including The New York Times, International Herald Tribune, FOX News, Forbes, Salon, ABC News, Huffington Post, CBS News, Yahoo! News, Boston Globe, Miami Herald, San Francisco Chronicle and Valley News, reported on a courtroom victory by Dee Jones '12, a blind VLS student who is suing for special accommodations to take a legal ethics exam. Other media included the ABA Journal and WCAX.

The Associated Press, whose Aug. 7 story was carried by the Arizona Daily Star, Canadian Business and other media, talked to Professor Pat Parenteau about a proposed copper mine in Arizona.

New Hampshire Public Radio spoke with Assistant Professor Don Kreis on Aug. 7 about renewable energy and NIMBYism.

VTDigger ran an Aug. 6 op-ed, which first ran in SCOV Law blog, by Jeff Thomson '07 about Vermont's Act 250 and the "Mormon Theme Park."

NBA Video talked to Professor Michael McCann on Aug. 5 about the NBA labor negotiations.

North American Clean Energy and other media nationwide cited Mark Cooper, senior research fellow for economic analysis at the Institute for Energy and the Environment, in an Aug. 5 article about U.S. wind energy capacity.

MinnPost (Minneapolis) had an op-ed on Aug. 4 by Professor Gus Speth in which he called for a "new political economy."

Vermont Public Radio spoke with Dean Jeff Shields on Aug. 3 about VLS's plan to reopen its campus to military recruiters in September once the repeal of the "don't ask, don't tell" law is complete.

VTDigger ran a commentary Aug. 3 by Assistant Professor Don Kreis, who called for CVPS to be more transparent about their power purchases.

The Daily Journal (Calif.) talked to Professor John Echeverria on Aug. 2 about a California lawsuit involving the public trust doctrine and whether a claim that a river should be treated as "real property" would create a precedent that any government limitation on water rights would be a constitutional taking of property that the government would have to pay for.

Vermont Public Radio talked Aug. 2 to Professor Cheryl Hanna about the retirement of Vermont Supreme Court Justice Denise Johnson and the process of choosing the next justice, the timeline and some possible nominees.

WPTZ spoke with Professor Cheryl Hanna on Aug. 2 about double jeopardy preventing the prosecution of a Vermont man who allegedly confessed to a murder.

The Associated Press, whose story was picked up by Bloomberg Business Week, Forbes, CNBC, CBS MoneyWatch, Yahoo! News and other U.S. and international media, as well as the Burlington Free Press and other media, reported Aug. 1 on home energy efficiency studies supported by the Institute for Energy and the Environment.

Federal Judges Rules in Favor of Blind VT Law School Student

Vermont Law School — 03 Aug 2011 04:00:00 EST

A federal judge ruled Aug. 2 in favor of Dee Jones '12, a blind Vermont Law School student, in her lawsuit against the National Conference of Bar Examiners and a national legal testing firm.

Jones won a preliminary injunction from the court saying the Bar Examiners had to allow her to use a computer, so she could use two types of software that have allowed her to maintain a high B average in law school.

Jones is scheduled Friday to take the Multistate Professional Responsibility Exam, the legal ethics exam all lawyers must take before they practice in Vermont and most other states.

Read the judge's order.

Read AP's story in The New York Times.

Watch WCAX's story.

Samantha Fow '12 Analyzes "Vermont Yankee Experiment"

Vermont Law School — 02 Aug 2011 04:00:00 EST

Using the Vermont Yankee nuclear plant as an example, Vermont Law School student Samantha Fow '12 recently looked at the potential benefits of increased state-level nuclear regulation as well as the potential drawbacks of such a policy without federal cooperation.

Fow analyzes whether the current disposition of nuclear policy in America would allow Vermont to regulate the Vermont Yankee according to the state‘s best interests, focusing in particular on the current litigation brought against the state by the power plant‘s private corporate owners, Entergy.

"The Vermont Legislature has attempted to insulate the state from harm that could result from the continued operation of an aging nuclear facility. However, the state has struggled with a private nuclear operator‘s non-compliance with certain aspects of Vermont‘s regulatory scheme and a lack of enforcement mechanisms to ensure compliance. Without a change in federal policy, state nuclear regulators may have difficulties actively regulating the nuclear power plants within their borders. State regulation of nuclear power has grown substantially more sophisticated since 1954, and the time is ripe for the additional legislation contemplated by the Atomic Energy Act that would bolster state authority in this field."

Read the full article.

Week of July 25

Vermont Law School — 01 Aug 2011 04:00:00 EST

Alejandro Hernández González '13 wrote an op-ed in Sentidos Comunes (Chile) on July 31 about the U.S. debt debate and key government programs that will likely be affected.

Assistant Professor Don Kreis wrote about co-ops in a July 29 op-ed in VTDigger.org.

The Associated Press, whose story ran in Forbes, Huffington Post, Yahoo! News Canada and dozens of other media outlets, spoke with Professor Cheryl Hanna on July 25 about Entergy's decision to refuel the Vermont Yankee nuclear plant. She also spoke to WAMC Northeast Public Radio and other news outlets.

Assistant Professor Don Kreis talked to WCAX and other media July 25 about Entergy's decision to refuel the Vermont Yankee nuclear plant.

The National Law Journal and the Associated Press reported July 25-27 on Vermont Law School's lifting of its ban of military recruiters on campus because of the impending repeal of the "don't ask, don't tell" law. The AP story was reported by the Boston Globe, Army Times and dozens of other civilian and military news outlets nationwide.

Vermont Public Radio spoke with Assistant Professor Michele Martinez Campbell on July 25 about the case of a Vermont man who accused local police of misconduct.

The Savannah Morning News (Ga.) profiled Christopher Middleton '06, an assistant public defender, on July 25.

Tyler Ward '13 Hosts Chinese Energy Visitors

Vermont Law School — 27 Jul 2011 04:00:00 EST

Tyler Ward '13 recently hosted a trip for three U.S.-China Partnership for Environmental Law visitors to his home state of Kentucky.

Understanding that they have an interest in energy development in the United States, Ward organized a trip for a professor and student from Renmin University of China Law School and a professor from China University of Political Science and Law to visit a natural gas production company, a mountaintop removal mining site, a liquid nitrogen production facility and a mining equipment manufacturing company. Ward also introduced the visitors to his father, who is the top administrator of the county where the facilities are located.

"The Chinese visitors found the trip extremely interesting," said Assistant Professor Siu Tip Lam, who is the Partnership's program director. "They were very impressed with Tyler's efforts and grateful that they had such an opportunity here in the US. Tyler really made their experience in the US a memorable one."

Week of July 18

Vermont Law School — 25 Jul 2011 04:00:00 EST

In his Sports Illustrated column July 24, Professor Michael McCann discussed the NFL labor dispute and whether football will soon return.

The Japan Times talked to Javier Garcia-Lomas Gago '10 on July 24 about Japan's renewable energy options.

The Huffington Post ran a commentary July 22 by Professor Jason Czarnezki and Emily Montgomery '10 about food labeling and genetically engineered salmon.

The Associated Press reported July 22 that the U.S. Justice Department filed a brief in support of Dee Jones '12, a blind VLS student suing for special accommodations to take a legal ethics exam.

The Associated Press, Mother Jones, Vermont Public Radio and other media reported July 22 on VLS's lifting of its ban of military recruiters on campus because of the repeal of the "don't ask, don't tell" law.

CBS News' BNET spoke with Associate Professor Jennifer Taub on July 21 about the Dodd-Frank Wall Street Reform and Consumer Protection Act.

WEEI Boston talked to Professor Michael McCann on July 21 about the NFL labor dispute.

The Associated Press, whose July 20 story was carried by Vermont Public Radio, Washington Examiner and other media, cited professors Pat Parenteau's, Cheryl Hanna's and Don Kreis' blog commentaries about the Vermont Yankee nuclear plant lawsuit.

The Burlington Free Press on July 19 and July 20 cited the VLS faculty commentary blog about the Vermont Yankee nuclear plant lawsuit.

The New York Times, whose story was picked up by Folha (Brazil's largest daily newspaper) and other media, spoke with Professor Greg Johnson on July 19 about a a lesbian couple suing a Vermont inn, claiming it refused to host their fall wedding reception because of their sexual orientation.

The Associated Press, whose story ran July 19-20 in the Huffington Post, Sports Illustrated, MSN Fox Sports, Yahoo! News, Toronto Globe and Mail and other media, spoke with Professor Michael McCann about an NFL player suing Champion sports apparel maker for dropping his endorsement deal over his controversial tweets.

Vermont Public Radio talked to professors Pat Parenteau and Michael Dworkin on July 19 and July 20 about a federal judge's refusal to grant an injunction to permit the Vermont Yankee nuclear plant to continue operating beyond March 2012 pending the outcome of a trial.

The Bulletin of the Atomic Scientists interviewed Professor Gus Speth on July 19 about the root causes of environmental problem and the need for a post-growth society in which renewable energy plays an important role, but the emphasis is on improved efficiency.

WCAX spoke with Professor Cheryl Hanna on July 19 about the latest in the federal lawsuit over the Vermont Yankee nuclear plant.

In a Vermont Public Radio commentary July 18, Professor Cheryl Hanna discussed a new book, "The Social Animal," by New York Times columnist David Brooks.

Vermont Public Radio spoke with Assistant Professor Don Kreis on July 18 about the proposed merger of Central Vermont Public Service and Green Mountain Power and the promise to make Rutland Vermont's first solar city.

The Burlington Free Press talked to Professor Cheryl Hanna on July 18 about a Vermont Supreme Court ruling that supported keeping search warrant materials sealed in connection with a Essex Junction couple who went missing last month.

Law360 talked to Assistant Professor Sheryl Dickey on July 18 about a federal circuit court panel's dismissal of a citizen claims against Omya, Inc., over alleged water contamination from a calcium carbonate mineral processing facility.

VT Law School to Lift Ban on Military Recruiters on Campus

Vermont Law School — 22 Jul 2011 04:00:00 EST

SOUTH ROYALTON, VT –– Vermont Law School will lift its ban on military recruiters on campus when the “don’t ask, don’t tell” law is formally repealed in late September.

VLS, which has denied campus access to military recruiters for more than 25 years because “don’t ask, don’t tell” conflicts with the school’s non-discrimination policy, notified the U.S. Department of Defense on July 19 that its recruiters will be welcome back on campus when the law is fully repealed and the Pentagon agrees to abide by VLS's non-discrimination policy.

VLS is one of only two law schools in the nation that have prohibited military recruiters on campus because of the "don't ask, don't tell" law, which prevents gay men and lesbians from serving openly in the military—and VLS is the only law school to forgo some federal funds because of its stance on "don't ask, don't tell."

"This law school has stood fast to our position of principle, in the face of significant pressure, to insist that the ‘don't ask don't tell' law be repealed," Dean Jeff Shields said.

Legislation to repeal the law was approved by Congress and signed by President Obama in December 2010. U.S. Secretary of Defense Leon Panetta is expected to announce this afternoon that the Pentagon has certified that the law’s repeal will not affect military readiness. President Obama is expected to certify the repeal, which would become effective in 60 days, or late September.

Shields said VLS was moving forward in rescinding its campus ban because the official repeal of “don’t ask, don’t tell” was imminent and the school wants to be well positioned to welcome military recruiters for the fall employment recruiting season.

Shields, in a letter Tuesday to the Pentagon’s deputy assistant secretary of defense for military personnel policy, said VLS will rescind its policy to deny access to military recruiters on campus. Shields also asked that VLS again be made eligible for Department of Defense funding as well as federal funding from other departments and agencies that excluded VLS because of its stance on “don’t ask, don’t tell.”

“We had continued that longstanding practice of denying campus access with regret because all constituents of Vermont Law School hold the Armed Forces and the several Judge Advocate General's Corps in the highest respect,” Shields wrote. “Nor has our practice reflected any bias against military service as a career for our students or graduates. We recognize the importance to the country of an able corps of lawyers of high quality in the Armed Services and the value to our students of the professional opportunities that JAG service provides. In fact, a number of our students and recent graduates have accepted JAG commissions and internships, and some are presently serving with distinction on active duty.

“Our practice reflected our long and strongly held institutional belief that discrimination on the basis of sexual orientation, like discrimination on the basis of race and other prohibited grounds, is an unacceptable practice that weakens national unity and arbitrarily deprives the military and all sectors of our society of the abilities and services of individuals of high talent and dedication. Our practice has also been consistent with the public policy of the State of Vermont as reflected in its nondiscrimination legislation. Our campus is now open to fully support the recruiting efforts of the Armed Services.”

Shields cited the leadership of Scott Cameron, former chair of the Board of Trustees; Professor Jackie Gardina, who organized annual student trips to Washington, D.C., to lobby for the law's repeal; Professor and former Dean Kinvin Wroth; and a number of other trustees and faculty members over the years.

VLS students and JAG recruiters have maintained a strong relationship despite the impediment of having to meet off campus over the years. On average, VLS has the same number of graduates and interns entering JAG as law schools nationwide that have long allowed military recruiters on campus.

Vermont Law School has prohibited military recruiters on campus almost continuously since 1985 when the school adopted a nondiscrimination policy for all employers. The policy prohibits employers from using VLS’s Career Services Office for recruitment on campus unless they give written assurance that they do not discriminate in hiring on a variety of grounds, including sexual orientation. JAG recruiters declined to provide that assurance. In 1990, the Association of American Law Schools (AALS) adopted a requirement that member schools deny campus access for recruitment to employers who decline to provide written assurance that they do not discriminate on those grounds. VLS operated under both its own and the AALS policies since 1990. The "don't ask, don't tell" law was enacted in 1993 under the Clinton administration as a compromise to excluding gay men and lesbians entirely from military service.

In 1995, Congress adopted the Solomon Amendment to withhold some federal money from law schools and universities that do not give military recruiters the same access to campus as other employers. In 2000, the Defense Department announced that if any school or department of a university prohibited military recruiters, the entire university would be denied federal funding under the Solomon Amendment. In response, the AALS suspended its nondiscrimination requirement so far as it affected JAG recruiters, but imposed more stringent requirements of “amelioration” upon law schools that allow JAG recruiters on campus. Since then, nearly all law schools affiliated with a college or university bowed to central university pressure and allowed JAG to recruit on campus and complied with the "amelioration" requirement. VLS, however, as an independent institution, continued to deny military recruiters access to campus.

VLS has not sought federal appropriations, grants or contracts covered under the Solomon Amendment since 2000. The federal law has made VLS ineligible to receive federal funds from the Departments of Defense, Transportation, Labor, Health and Human Services, Education and certain related agencies. As a result, VLS has forgone the opportunity to receive an estimated $500,000 a year in federal funds. The school has continued to receive funding from other federal agencies, including the Departments of State and Energy. In 2006, the U.S. Supreme Court upheld the Solomon Amendment, but the VLS faculty, trustees and students repeatedly reaffirmed the school's nondiscrimination policy and its practice of denying access to military recruiters until the "don't ask, don't tell" law is repealed.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

VT Law School Experts Analyze Ruling in Vermont Yankee Lawsuit

Vermont Law School — 20 Jul 2011 04:00:00 EST

The Associated Press, Vermont Public Radio, Burlington Free Press, WCAX, FOX44, WPTZ and other media spoke with Vermont Law School professors Pat Parenteau, Michael Dworkin, Cheryl Hanna and Don Kreis about a federal judge's ruling July 18 in the lawsuit over the Vermont Yankee nuclear plant.

The judge denied Entergy a preliminary injunction that would have allowed the plant to keep running after March 2012, until the permitting issue is decided at a trial set to start in September 2011.

The professors are commenting on the lawsuit on the VLS faculty's Vermont Yankee commentary blog, where the judge's ruling also is posted.

New York Times Discusses Gay Discrimination Lawsuit with Prof. Greg Johnson

Vermont Law School — 20 Jul 2011 04:00:00 EST

The New York Times talked to Vermont Law School Professor Greg Johnson for a July 20 story about a lesbian couple who is suing a Vermont inn, claiming it refused to host their fall wedding reception because of their sexual orientation.

Johnson, whose expertise includes gay and lesbian legal issues and sexual orientation and the law, told the Times that the suit could set a precedent as more states legalize same-sex marriage. Currently, same-sex marriage is legal in six states and the District of Columbia, all of which protect gay men and lesbians in their public-accommodations laws.

"I think this case could set an important precedent not only for Vermont but for other states with marriage equality," he said, noting that lawsuits like this are rare.

Read the Times story.

Week of July 11

Vermont Law School — 18 Jul 2011 04:00:00 EST

KPFK/Pacifica Radio's Background Briefing spoke with Associate Professor Jennifer Taub on July 17 about the non-appointment of Elizabeth Warren to lead the new Consumer Financial Protection Bureau she founded.
The Rutland Herald had an obituary July 17 for Mary Russell, VLS's first registrar.

BNA talked to Professor Pat Parenteau on July 15 about the backlash against the EPA from industry, Republican lawmakers and state regulators.

In his Sports Illustrated column and interviews with WNYC, WEEI Boston, CBS Baltimore and WJR Detroit July 14-15, Professor Michael McCann discussed the mistrial in the perjury trial of former baseball star Roger Clemens.

The BBC spoke with Professor Cheryl Hanna on July 13 about constitutional questions over whether North Dakota is really a U.S. state.

McClatchy Newspapers, whose story was carried by news outlets nationwide, talked to Professor Mark Latham on July 13 about Republican efforts to block federal regulations that protect the environment.

WCAX and WAMC spoke July 13 with Professor Michael Dworkin about the Canadian company Gaz Metro's takeover of Central Vermont Public Service.

WCAX talked to Professor Cheryl Hanna on July 13 about a rash of embezzlement cases in Vermont and defending state statutes in federal court.

Courthouse News Service, a nationwide news service, spoke July 13 with Adjunct Professor Jack Tuholske about the environmental impacts of a proposed railroad project in Montana's Tongue River Valley.

The Star Local News (Texas) reported July 12 that Rebecca (Mitchell) Wadas '97 was named Texas' Assistant Attorney General of the Year.

Supreme Court Ruling on AEP v. CT: While Round One Was Promising, Round Two Left Much To Be Desired

Vermont Law School — 15 Jul 2011 04:00:00 EST

This article is by Vermont Law School student Nolan Riegler ‘12

Judge Peter Hall of the U.S. Court of Appeals for the Second Circuit joined Vermont Law School professors Pat Parenteau and John Echeverria for a panel discussion June 30 at VLS, where they analyzed the U.S. Supreme Court's recent decision in American Electrical Power Co. v. Connecticut. Judge Hall, a VLS trustee, authored the federal appeals court's decision in Connecticut, which was reversed by the Supreme Court.

At issue was whether stationary emitters of greenhouse gasses (GHGs) could be sued for creating a public nuisance under federal common law. The defendants were five utilities, whose power plants were responsible for nearly 25 percent of the nation's and 2.5 percent of the world's carbon dioxide emissions.

The district court held that the issue was a non-justiciable "political question" and dismissed the case. The second circuit determined the issue was not a political question; that at least some of the plaintiffs (who were an amalgamation of several states and land trusts and New York City) had standing to bring the suit; and that emitters could be sued under federal common law so long as the U.S. Environmental Protection Agency had not yet enacted regulations for GHGs as it is authorized to do under the Clean Air Act.

The Supreme Court evenly split on the issue of standing, which resulted in it affirming the Second Circuit's ruling that at least some of the parties had standing to bring the suit—without any official comment. The Court reversed the Second Circuit's holding on the merits, however, holding instead that the EPA's authorization under the Clean Air Act displaced claims made under the federal common law.

The breadth of that displacement was up for debate among the panelists at VLS. All three agreed the Supreme Court's holding only affected suits made under federal common law. Whether an entity could sue under a state's common law was left open by the Court, although that issue has been addressed in North Carolina v. Tennessee Valley Authority and will likely appear before the Court next year. In that case, the Fourth Circuit held that state law nuisance claims are also displaced by EPA regulations. The Fourth Circuits' decision distinguished Oulette v. International Paper, a case originating in Vermont, where the Supreme Court held that state common law nuisance actions are permitted under the Clean Water Act's savings clause. Thus, a state could sue an entity in federal court for public nuisance and the court would apply the law of the source state.

All of the VLS panelists agreed the factual circumstances changed dramatically between the time Connecticut was filed and the time it was heard by the Supreme Court, and these changes contributed significantly to the case's outcome. In a nutshell, the Court decided Massachusetts v. EPA, which held that the EPA did have the authority to regulate GHGs under the plain language of the Clean Air Act. As Professor Parenteau explained, Connecticut and Massachusetts were attached at the hip from the start. They were part of a two-pronged litigation strategy to pressure government and industry to take more decisive action to control GHG emissions and combat climate change. Relying on the Massachusetts decision, the Obama administration's EPA defined GHGs as pollutants and has taken steps to further regulate them. Indeed—as Justice Ginsburg pointed out in the Court's opinion—the EPA is developing regulations intended to do exactly what the Connecticut plaintiffs want to achieve under the common law: Force industry to abate its GHG emissions.

Both Judge Hall and Professor Echeverria agreed that under this decision, the mere passage of the Clean Air Act displaced the federal common law. Professor Parenteau was less convinced, noting the EPA had taken some concrete steps to begin regulating GHGs since the Court's decision in Massachusetts. He believed there was some wiggle room in this opinion and that it could be argued that concrete steps by the authorized agency needed to be taken for displacement to occur.

Still, Professor Parenteau focused on nuisance claims for damages. He explained that the Connecticut Court only held that "any federal common law right to seek abatement of carbon-dioxide emissions" was displaced. Thus, a case could be made for certain claims, particularly those that can not be dealt with by any form of EPA regulation. As an example, he described the plight of the indigenous people of Kivalina village in Alaska, whose case will soon be heard by the Ninth Circuit. Due to climate change, the island upon which the village is located is being flooded by the sea and the community will soon be forced to relocate at a cost of nearly $400 million. To determine who should pay for the relocation, the Kivalina people could argue that the Connecticut decision did not displace nuisance claims for damages under the federal common law. Thus, stationary emitters of GHGs should be liable for their relocation, not the people themselves or government agencies.

Professor Echeverria said this decision is another in a trend to displace common law claims in the face of administrative regulatory authority. In essence, it's another in a long line of decisions that effectively neuter the common law and shift greater authority onto administrative agencies and the rulemaking process. Federal agencies were originally empowered, he said, to combat a relatively ineffective judiciary, but nearly the opposite is true today. We continue to empower federal agencies and weaken common law causes of action even as these agencies appear to be less effective at enforcement. Even so, agency actions and lack of action can be challenged in court, and this opinion does nothing to change that. If the EPA's eventual rules for GHGs seem ineffective or the agency drags its feet long enough in promulgating them, states and individuals can bring a cause of action against the agency. But as the Kivalina case makes clear, this process does little to help the future victims of climate change, whose numbers are expected to increase in the future.

Indeed, Justice Ginsburg's opinion in Connecticut, which glossed over the complexities of GHG litigation and addressed the displacement question as a predominantly academic issue, lacked the sense of urgency Justice Stevens brought to the table in Massachusetts. While it may be true the question is academic, it does not change the fact that its answer—and the degree of GHG abatement that may result from it—will have significant global consequences. One can only hope the Court still sees the urgency of the issue as more "academic questions" probing the depth of displacement and the strength of the common law reach its hallowed halls.

While Justice Ginsburg's opinion left much to be desired, Judge Hall noted that her reasoning pressured Congress to keep the EPA's authority in place. In sum, since the Court determined the federal common law injunctive actions were displaced by the EPA's authority under the Clean Air Act, removing that authority would reinstate the common law. The result would be that stationary GHG emitters would be subject to suit for public nuisance under federal common law. Thus, some conservative members of Congress, presidential candidates and industry supporters who have called for stripping the EPA of that authority are likely in a better place to leave well enough alone.

A final positive note is best described as what the Court did not do as opposed to what it did. A novel and unprecedented standing argument made by the solicitor general—that federal courts should preemptively bar standing on prudential grounds to all federal nuisance claims—received no traction in the Court. Moreover, the Court's four-four split, with Justice Sotomayor recusing, means that a narrow but clear majority of the present Court favors recognizing standing in future GHG cases. This is good news as rounds three and four (i.e., North Carolina and Kivalina) make their way up the judicial ladder.

AEP v. Connecticut was a close case, Judge Hall noted—and one that's far from over, just as the issue of GHG abatement is far from over. The plaintiffs have the opportunity to argue the case under state common law on remand. They may not, however, as some form of that issue is being addressed in North Carolina. Indeed, as more of these cases reach the Supreme Court, we will obtain a better understanding of the exact limits of displacement.

I conclude with the words that Professor Echeverria used to open the panel as they seem particularly applicable. Quoting Justice Robert Jackson: "[w]e are not unaware that we are not final because we are infallible; we know that we are infallible only because we are final." Indeed, even as decisions become "final," the law shifts with our culture and collective experiences, and some show themselves to be blatantly wrong (i.e. Dred Scott). As impressed as we may have been with round one, and as underwhelmed as we may be by the court's apparent backpedaling in round two, we can only hope for better resolution in rounds three, four and beyond.

NPR's Richard Harris: On the Frontlines of Gulf Oil Spill, Japan's Nuclear Crisis

Vermont Law School — 14 Jul 2011 04:00:00 EST

Of the many news scenes where NPR science correspondent Richard Harris has reported from around the world for three decades, few were as prominent as the Gulf of Mexico oil spill in April 2010 and Japan's nuclear crisis this year.

Harris, a VLS summer media fellow, compared how the two disasters were handled by the U.S. and Japanese governments, respectively, and the news media in a Hot Topics lecture July 14 at Vermont Law School.

He described the uncertainty in the early days of the BP Deepwater Horizon spill, where Coast Guard Admiral Thad Allen, the national incident commander, minimized the severity of the accident -- so much so that Harris worked on other stories for a few days until the extent of the disaster became more clear.

Harris said Allen wasn't qualified to be the government's point person because he wasn't knowledgeable about deepwater oil drilling technology. "None of us were," Harris said, adding that the media and public didn't understand the risks of drilling at such depths.

Harris described how he broke the news that the blown-out well was spewing far more oil than asserted in official estimates. He tracked down independent scientists who analyzed the oil's flow rate from satellite images and videotape of the leaking well. The scientists estimated 50,000 to 100,000 of barrels of oil a day were spewing out rather than the 5,000 barrels estimated by BP and the government. The White House didn't like the story but soon acknowledged the severity of the accident and brought in more oil containment vessels and equipment.

Just before the Gulf oil spill's one-year anniversary, Harris received a phone call from his managing editor at 2:15 a.m. on March 11, saying an earthquake had struck off the coast of Japan and generated a tsunami that caused widespread death and destruction on the nation's northeast coast.

Harris flew to Japan the next day and found a situation similar to the Gulf oil spill -- government and company officials who were unable or unwilling to provide accurate information as the disaster unfolded. He said the Japanese government, nuclear plant officials, utility regulators and local media provided scant information about the disaster. Officials gave out precise technical information but no context, so the radiation threat wasn't immediately clear and the Japanese public soon became frustrated and distrustful of the government, he said.

In National Media Spotlight, Prof. McCann Tackles Roger Clemens Perjury Trial, NFL and NBA Labor Disputes

Vermont Law School — 14 Jul 2011 04:00:00 EST

Vermont Law School Professor Michael McCann, one of the nation's top experts in sports law, has been busy recently as a legal analyst for Sports Illustrated.

His latest columns are:

Prosecution's error likely to get Clemens off the hook (07/1/2011)

Ruling validates NFL legal strategy (07/08/2011)

Implicated athletes still have plenty at stake in Galea plea deal (07/06/2011)

Explaining the NFL retired players' lawsuit (07/06/2011)

What you need to know about Roger Clemens' trial (07/04/2011)

Burning questions as NBA lockout looms (06/30/2011)

McCann, who is director of VLS's Sports Law Institute, also was a recent in-studio host on Sports Illustrated.CNN Video and NBA TV, where he discussed the NBA labor dispute: NBA TV clip one, clip two, clip three.

In National Defense Magazine, VLS Global Energy Fellow Zhen Zhang Calls for Cohesive Cybersecurity Policy For Electric Grid

Vermont Law School — 14 Jul 2011 04:00:00 EST

Zhen Zhang, a global energy fellow at Vermont Law School's Institute for Energy and the Environment, called for a cohesive cybersecurity policy for the electric grid in the August issue of National Defense Magazine.

Zhang, an attorney specializing in energy and environmental law, is interested in international energy policy, carbon cap and trade, demand side management tools and reliability standards for the electric system.

Weeks of June 27-July 4

Vermont Law School — 14 Jul 2011 04:00:00 EST

National Defense Magazine ran an op-ed in its August issue by Zhen Zhang, a global energy fellow at the Institute for Energy and Environment, titled "Cohesive Cybersecurity Policy Needed For Electric Grid."

The Hartford Courant talked to Professor Michael McCann on July 9 about whether former baseball star Roger Clemens should testify at his perjury trial over steroid allegations.

E&E Daily talked to Adjunct Professor Jack Tuholske on July 8 about potential legal action over an oil pipeline spill in the Yellowstone River.

In his Sports Illustrated column July 8, Professor Michael McCann analyzed a federal appeals court ruling that backed the NFL owners in their labor dispute with players.

The Brattleboro Reformer spoke with Professor Pat Parenteau on July 8 about the federal lawsuit over the Vermont Yankee nuclear plant.

Vermont Public Radio spoke with John Lamson '06 and Wynona Ward '98 on July 7 about federal funding cuts to their nonprofit group Have Justice Will Travel, which provides free legal services to domestic violence victims.

The Burlington Free Press spoke with Professor Cheryl Hanna on July 6 about Vermont Attorney General William Sorrell's decision not to file perjury charges against Vermont Yankee officials.

WBUR, Boston's NPR station, spoke with Professor Michael McCann on July 6 about the perfury trial of former Red Sox star Roger Clemens.

In his Sports Illustrated column July 6, Professor Michael McCann discussed a Canadian doctor's plea deal for smuggling unapproved drugs into the U.S. and rendering medical services to athletes without a valid medical license.

In his Sports Illustrated column on July 6, Professor Michael McCann discussed retired NFL players' claims of being ignored by NFL owners and current players who are negotiating a new labor deal.

Seven Days talked to Professor Peter Teachout on July 6 about freedom of speech and Vermont's flag-desecration law.

The Associated Press, Washington Post, ABA Journal, San Francisco Chronicle, New Orleans Times Picayune and other media nationwide reported July 5-6 on a lawsuit filed by Dee Jones '12, a blind student who is suing the National Conference of Bar Examiners and the Act Inc. testing company. The suit says they aren't providing the accommodations she needs to take the legal ethics exam all lawyers must take before they practice in Vermont and most other states.

ULaw Today, the University of Utah S.J. Quinney College of Law's alumni magazine, talked to Associate Professor Hillary Hoffman about how she landed her job at VLS.

Sports Illustrated.CNN Video and NBA TV had Professor Michael McCann as an in-studio host on July 4, providing commentary on the NBA labor dispute: NBA TV clip one, clip two, clip three.

The New Yorker talked to sports agent Jim Munsey '84 about his client Sam Fuld of the Tampa Bay Rays, whose dramatic outfield catches have put him in the spotlight this summer.

In his Sports Illustrated column July 4, Professor Michael McCann previewed the perjury trial of former baseball pitcher Roger Clemens. He also spoke with WEEI Sports Radio Network, where he discussed the possible jail time that Clemens faces.

Carl Ponce '97, general coordinator of the Latin American and Caribbean Network for Democracy, discussed Venezuelan leader Hugo Chavez in an op-ed in the Latin American Herald Tribune on July 3.

WAMC Northeast Public Radio spoke with Assistant Professor Don Kreis on July 1 about the Vermont Yankee federal lawsuit.

In his Sports Illustrated column June 30, Professor Michael McCann analyzed the NBA labor dispute.

The Burlington Free Press spoke June 30 with Robert Rachlin, a VLS trustee and visiting associate professor, about the death of John Downs, who helped to establish Vermont Law School and co-founded along with Rachlin the largest law firm in Vermont, Downs Rachlin Martin.

Vermont Public Radio talked to Professor Cheryl Hanna on June 29 about the similarities between the U.S. Supreme Court's free-speech decisions involving a California case and a Vermont case.

Vermont Public Radio spoke with Professor Michael Dworkin on June 29 about competing offers from two Canada-based companies to take over Central Vermont Public Service.

The Atlantic talked to Professor Pat Parenteau on June 28 about whether endangered species will be a prominent issue in the 2012 election season.

The Tennessean, CBS Sports and Yahoo! Sports spoke with Professor Michael McCann on June 27 about the NFL labor dispute and whether the league can punish players who commit infractions during the work stoppage.

The National Law Journal reported June 27 on Dean Jeff Shields' announcement that he will retire in August 2012.

VTDigger.org ran op-eds on June 27 by professors Don Kreis and Pat Parenteau from the VLS faculty commentary blog on the Vermont Yankee federal lawsuit.

VT Law School, China’s Premier Law School Collaborate On Environmental Research, Rule of Law Projects

Vermont Law School — 11 Jul 2011 04:00:00 EST

SOUTH ROYALTON, VT -- U.S. and Chinese law students will work together under a new collaboration between Vermont Law School and China's premier law school aimed at improving environmental rule of law and legal education in China.

VLS's U.S.-China Partnership for Environmental Law and Renmin University of China Law School have signed two agreements to allow semester-long student exchanges between the two institutions and collaboration between VLS and Renmin students on cutting-edge environmental law research projects. The projects will focus on improving environmental legal education, training and enforcement of environmental laws and regulations in China.

The agreements further a memorandum of understanding signed in January 2011 under which VLS provides support for Renmin Law School's new clinical legal education program focused on environmental information transparency.

Vermont Law School, the top-ranked environmental law school in the United States, is the leading American law school working on environmental governance in China. Since 2007, VLS and its U.S. and Chinese partner institutions have trained thousands of Chinese judges, lawyers, prosecutors, government officials, scholars and law students. Most recently, VLS started developing an environmental law training curriculum for Chinese judges and helped to open China's first public interest environmental law firm and a university legal advocacy center for environmental health and safety issues.

Renmin University Law School is regarded as China's top center for legal training and legal policy research. Founded in 1950, it was the first institution of higher legal education in the People's Republic of China. Renmin's faculty and students are frequently commissioned by the Chinese central government to draft key national laws, regulations and rules.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Prof. Cheryl Hanna: Vermont Likely To Foot Legal Bill in Vermont Yankee Lawsuit

Vermont Law School — 08 Jul 2011 04:00:00 EST

In her latest addition to Vermont Law School's faculty commentary blog on the lawsuit over the controversial Vermont Yankee nuclear plant, Professor Cheryl Hanna wrote:

"When Act 47 was being debated, I was concerned that the Vermont Legislature might be over-reaching by suggesting that Entergy had to bear the entire cost of litigation. So. I looked at the legislative record, did some research and chatted with my colleagues. It is my humble yet considered judgment that not only is the law unenforceable, but it is also likely unconstitutional.

"So, it is my prediction that if Vermont ever tries to enforce Act 74, even if it prevails in its lawsuit with Entergy, it is Vermont's taxpayers, not the Louisiana corporation's shareholders, who will ultimately foot the bill."

Read the entire commentary.

National Media Report on Blind VLS Student's Lawsuit Against Bar Examiners

Vermont Law School — 08 Jul 2011 04:00:00 EST

The Washington Post and other media outlets nationwide reported on Vermont Law School student Dee Jones' '12 lawsuit against the National Conference of Bar Examiners and the Act Inc. testing company.

Jones, who is blind, says they aren't providing the accommodations she needs to take the the Multistate Professional Responsibility Examination, the legal ethics exam all lawyers must take before they practice in Vermont and most other states.

Those accommodations - two pieces of computer software that help the visually impaired read - enable Jones to work at her best and have been key to the high B average she's maintained as a law student, she told the AP.

Read the AP story.

Vermont Yankee Perjury Investigation: VT Law School Expert Available To Comment

Vermont Law School — 07 Jul 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School Professor Cheryl Hanna is available to comment on Vermont Attorney General William Sorrell's announcement today that Entergy officials won't be charged with perjury for repeatedly misleading Vermont state officials about the existence of underground piping carrying radionuclides at the Vermont Yankee nuclear plant.

Hanna, a constitutional law expert, can be reached at 802.233.8818 and channa@vermontlaw.edu

Read Hanna's commentaries about the Vermont Yankee federal lawsuit on the VLS faculty blog.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Yellowstone River Oil Spill Ramifications: VT Law School/Montana Expert Available To Comment

Vermont Law School — 07 Jul 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School Adjunct Professor Jack Tuholske, who is a private practice attorney in Missoula, Montana, is available to comment on the environmental, legal and policy ramifications of the Yellowstone River oil spill.

Tuholske is an expert in public interest environmental litigation throughout the West. He has been lead counsel in dozens of seminal decisions in Montana environmental, land use and constitutional law, as well as cases under the federal Endangered Species, Clean Water and National Environmental Policy Acts.

He can provide analysis of the Yellowstone spill's implications, including conservation groups' efforts to use the spill to secure broader pipeline safety rules now before Congress and to oppose the planned Keystone XL pipeline, a $7 billion U.S.-Canada oil link.

Tuholske is available at 406.396.6415 and jtuholske@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Roger Clemens Trial: Prof. Michael McCann Available To Comment

Vermont Law School — 07 Jul 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School Professor Michael McCann is available to comment on Roger Clemens's federal perjury trial that begins Wednesday.

McCann, one of the nation's top sports law experts, can be reached at (cell) 617.875.6132, (office) 802.831.1207, mmccann@vermontlaw.edu

McCann, who is director of VLS's Sports Law Institute, previews the Clemens trial in his Sports Illustrated column on Monday.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Week of June 20

Vermont Law School — 28 Jun 2011 04:00:00 EST

Grist had an op-ed on June 24 by Professor Gus Speth about the "new American Dream."

Vermont Public Radio, the Burlington Free Press, Valley News, Vermont Business Magazine and Associated Press reported June 24 on Dean Jeff Shields' announcement that he will retire in August 2012.

WCAX talked to Professor Michael Dworkin on June 24 about another Canadian company's acquisition bid for CVPS.

Forbes, CNBC, Yahoo! Finance News in Singapore, the United States, Malaysia and Philippines, and other media ran an Associated Press story on June 23 in which Professor Michael Dworkin discussed Gaz Metro's acquisition bid for CVPS.

Northeast Public Radio and WCAX talked to Professor Cheryl Hanna on June 23-24 about the U.S. Supreme Court's ruling in favor of drug manufacturing data miners who say a Vermont law violated their First Amendment rights.

The New Republic spoke June 23 with Professor Michael McCann about the NBA draft and high school eligibility.

VTDigger.org carried a June 23 op-ed by professors Cheryl Hanna and Pamela Vesilind about the U.S. Supreme Court's ruling in Sorrell v. IMS Health Inc.

Vermont Public Radio, WPTZ, ABC 22, FOX44, WCAX and other media spoke with professors Pat Parenteau and Don Kreis on June 22-23 about a preliminary injunction hearing in the federal lawsuit over the Vermont Yankee nuclear plant.

The Radio Ecoshock Show talked to Adjunct Professor Peter Bradford on June 22 about what Japan's nuclear disaster means for U.S. nuclear energy.

VTDigger.org ran a June 22 op-ed by Professor Jackie Gardina about the U.S. House Armed Services Committee's amendment that would make the repeal of the "don't ask, don't tell" law more difficult.

The New York Times carried a Greenwire story on June 21 quoting Professor Pat Parenteau on U.S. Supreme Court's ruling finding that states can not invoke federal common law to limit greenhouse gas emissions.

The Associated Press reported June 21 on the "Brown to Green 2011" brownfields redevelopment conference at Vermont Law School. The story was picked up by WCAX, WPTZ, WGGB Abc40/FOX 6, Burlington Free Press and other media.

The Burlington Free Press reported June 21 on a Vermont Law School faculty panel on the Vermont Yankee lawsuit.

The Associated Press, Living on Earth and Northeast Public Radio spoke with Professor Pat Parenteau on June 20-21 about the U.S. Supreme Court's ruling in a climate change suit involving public nuisance law. The story was picked up by Vermont Public Radio, the Providence Journal (R.I.), FOX44 and other media.

Lacey Cochart '12 co-wrote an op-ed in the Los Angeles Daily News about the benefits of urban agriculture.

Week of June 13

Vermont Law School — 28 Jun 2011 04:00:00 EST

Platts spoke with Professor Pat Parenteau on June 16 about the possibility of federal authorities intervening in the legal fight over the Vermont Yankee nuclear plant.

VTDigger.org ran a June 15 op-ed by Professor Cheryl Hanna about the federal lawsuit over the Vermont Yankee nuclear plant.

Popular Mechanics talked to Associate Professor Betsy Baker on June 14 about the international race to stake claims in the Arctic for economic development.

The Burlington Free Press spoke with Professor Cheryl Hanna on June 14 about freedom of speech and a Vermont high school's censorship of its valedictorian's commencement speech.

WCAX talked to Professor Cheryl Hanna on June 14 about the legacy of retiring Vermont Supreme Court Justice Denise Johnson.

Adjunct Professor Jack Tuholske co-wrote an op-ed in the Missoulian (Mont.) on June 14 on a climate change lawsuit before the Montana Supreme Court.

The New York Law Journal on June 14 favorably reviewed Associate Professor Betsy Schmidt's new casebook, "Nonprofit Law: The Life Cycle Of a Charitable Corporation."

The Huffington Post ran an op-ed on June 13 about climate change co-authored by Roman Sidortsov '08, a Senior Global Energy Fellow. The Wall Street Journal linked to the op-ed.

Wisconsin Public Radio spoke with Professor Michael Dworkin on June 13 about the future for nuclear energy in the wake of Japan's nuclear crisis and Germany's decision to close its nuclear plants.

New Grant Trains Chinese Judges to Enforce Environmental Laws

Vermont Law School — 27 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School's U.S.-China Partnership for Environmental Law has received a grant to help judges enforce environmental justice in China.

China's rapid industrialization has caused severe pollution in recent years, but the nation's judges often lack the knowledge and skills in environmental law to adjudicate these complex cases.

VLS and China University of Political Science and Law (CUPL), along with the U.S. Environmental Protection Agency, will use the $80,000 grant from the US-China Legal Cooperation Fund to help China's National Judges College to train judges in environmental governance and rule of law.

The project, which starts this month, includes training key instructors and judges to develop an environmental law training curriculum for the regular training program for all judges. The curriculum will provide judges with knowledge of environmental laws, a better understanding of the environmental protection principles behind the laws and the tools to apply those principles in deciding environmental cases and enforcing compliance orders.

"Ultimately, the effective implementation of China's environmental laws and regulations can improve environmental quality and reduce pollution, with benefits not only to the health and welfare of local people and communities but to global welfare with respect to water and air pollution, which has a trans-boundary effect," said Assistant Professor Siu Tip Lam, program director of the U.S.-China Partnership. "It will also benefit businesses that are already complying with environmental laws by leveling the playing field and reducing competitive pressure from non-complying businesses."

Since 2007, VLS has been collaborating with CUPL to conduct environmental law training for Chinese judges, lawyers, prosecutors, government officials and scholars. VLS recently helped to open China's first public interest environmental law firm and a new university legal advocacy center for environmental health and safety issues.

VLS Assistant Professor Siu Tip Lam and Professor Jason Czarnezki, program director and faculty director, respectively, of the U.S.-China Partnership for Environment Law and Renmin University of China Law School officials.

In addition to Chinese judges needing more training in environmental issues, many of China's environmental regulations are ambiguous and the law-making process often fails to consider enforcement concerns, making it difficult for courts to interpret the law consistently and assign liability. Nevertheless, recent efforts by non-governmental organizations, academia and the media have helped to develop some legal solutions to these problems. For example, since the establishment of China's first environmental court in 2007, more than 40 such courts have sprung up across the country. They have experimented with innovative rules that allow the procuratorates, environmental protection bureaus and related agencies, and environmental NGOs to bring civil cases on behalf of the public interest.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Prof. Don Kreis: "Belly Buttons and Blarney" in Vermont Yankee Lawsuit Hearing

Vermont Law School — 24 Jun 2011 04:00:00 EST

In his latest addition to Vermont Law School's faculty commentary blog on the federal lawsuit over the Vermont Yankee nuclear plant, Assistant Professor Don Kreis wrote:

"John Herron, CEO of Entergy's nuclear operations, seems affable enough. He drew a laugh in U.S. District Court in Brattleboro on Thursday when he referred to a 'belly button count' as a folksy synonym for the number of people working at his company's Vermont Yankee nuclear power plant.

But there was nothing affable about the implied threat that Herron delivered a few minutes later in the courtroom of Judge Garvan Murtha..."

Dean Shields To Retire

Vermont Law School — 24 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School President, Dean and Professor Jeff Shields today announced his retirement effective August 1, 2012, after four decades as a practicing attorney and legal educator.

Shields, 65, became Vermont Law School's seventh dean in August 2004 after serving as a partner at the Chicago and Washington, D.C., law firm of Gardner Carton and Douglas, where he was nationally recognized for his expertise in not-for-profit law, corporate law, health care law and international trade law. He received his BA in economics, magna cum laude, from Harvard College in 1967 and his JD from Yale Law School in 1972.

Shields announced his retirement to VLS trustees, faculty, students, staff and alumni this morning.

"I have loved this job," he said. "The opportunity to lead an institution with a mission of public citizenship, public service and environmental advocacy has been exhilarating. The quality and values of our trustees, faculty, staff, students and alumni have lifted me every day since I started here on Aug. 1, 2004.

"My recent bout with cancer, from which I have recovered, has prompted me to want to spend more time with my family, especially my wife, Genie Bird Shields, and to pursue other interests," he said. "There are a number of major projects underway which will be completed during the 2011-2012 academic year. Their completion will make it a particularly auspicious time for the next dean to begin his or her own initiatives."

During Shields' tenure, VLS solidified its position as the nation's premier environmental law program but also expanded the school's international reach. He strengthened the Career Services office to help graduates find jobs and recruited well known faculty members who have a combination of professional and academic experience. He helped to create the school's Institute for Energy and the Environment, U.S.-China Partnership for Environmental Law, Distance Learning masters programs, Land Use Clinic, Sports Law Institute and other programs. VLS expanded its full-time faculty, increased its endowment from about $8 million to $12 million, crafted a campus master plan and will complete a $15 million capital campaign and two major building projects by next summer -- the new Center for Legal Services, which will house the South Royalton Legal Clinic and the Environmental and Natural Resources Law Clinic, and a new fitness center.

"I have had the good fortune to serve under an extraordinary board and with a great group of deans, department directors, faculty and staff colleagues," said Shields, whose trademark bow tie has been a fixture on campus for nearly a decade. "The positive accomplishments during the last seven years have been due to the creativity and hard work of our remarkable VLS family. With their help, I hope to make my last year as dean my most productive."

The VLS Board of Trustees is forming a search committee for a new dean.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Vermonters Must Work Together to Revitalize Brownfields, Markowitz Says

Vermont Law School — 23 Jun 2011 04:00:00 EST

Vermont's government, businesses and local communities must work together to redevelop the state's many brownfields, Vermont Secretary of Natural Resources Deb Markowitz told a Vermont Law School conference on June 23.

Markowitz addressed the "Brown to Green 2011" conference, which was intended to give developers and their professional advisors the tools for identifying, transacting and redeveloping brownfields in Vermont.

Brownfields are vacant, abandoned or substantially underused industrial sites in need of clean up from contamination.

"We're not going to accomplish this by government alone," Markowitz said. "Each of us (in the public and private sectors) needs to take responsibility. Individual contributions can make a great difference if we work together."

The secretary urged developers to first look at redeveloping brownfields, which are often located in urban areas, before turning to open green space beyond city centers.

She said the key is helping developers, real estate agents, bankers, insurers, lawyers and others to become more sophisticated in how to revitalize brownfields and for Vermont to adopt a better economic and legal infrastructure to assist them.

"Early involvement by the ANR is the key to your success," she said. "We want to be pro-active."

Markowitz said the ANR's goal is to redevelop three to five brownfields each year that are complex, high profile and crucial for local communities. Such cases will serve as models of success for further projects, she said.

Panelists included private practitioners, law school professors, government attorneys and program personnel from federal, state and regional brownfields programs. Conference sessions guided participants through the transactions and site preparation process. Emphasis was placed on the state and federal regulatory framework, practical risk management vehicles, environmental investigation, and utilization of financial and technical assistance programs.

The event was sponsored by VLS's Land Use Institute, the Vermont Agency of Natural Resources, Vermont Department of Environmental Conservation and Vermont Bar Association.

U.S. Supreme Court Strikes Down Another Vermont Law On First Amendment Grounds

Vermont Law School — 23 Jun 2011 04:00:00 EST

Vermont Law School professors Cheryl Hanna and Pamela Vesilind offer the following analysis of today's U.S. Supreme Court ruling in Sorrell v. IMS Health Inc., Vermont's physician data mining law.

Professor Cheryl Hanna

Anna Nicole Smith seems to be haunting Vermont Attorney General Bill Sorrell.

Today, the U.S. Supreme Court issued its opinion in Sorrell v. IMS Health, striking down Vermont's prescription confidentiality law as a violation of the First Amendment. The Court also issued its opinion in Stern v. Marshall, holding that the estate of the late Anna Nicole Smith does not get $88 million from her now deceased husband's estate. Back in 2006, when the Court heard arguments in Randall v. Sorrell, the case striking down Vermont's campaign finance law, the Court also heard an earlier version of Smith's financial battle. The troubled celebrity model was in the audience that day and no one paid much attention to Sorrell.

But today's Sorrell opinion should warrant great attention as its implications for the First Amendment and corporate speech could be sweeping. The Court, in a 6 -3 opinion by Justice Kennedy, held that Vermont's law, which restricted pharmaceutical companies from purchasing information about doctor prescription patterns, a practice called "detailing," violated the First Amendment. In a strongly worded opinion, the Court criticized both Vermont's Attorney General for changing his position on the scope of the statute during the course of the litigation, and the Vermont Legislature for passing such a broad prohibition on speech. The law, the Court said, lacked coherence and careful crafting. The tone of the opinion suggests the state was unsophisticated and inattentive to the demands of the Constitution in both its drafting and its interpretation and intent of its own law.

Pamela Vesilind

But the Court's decision doesn't just strike down Vermont's law. Rather, because the law itself so blatantly targeted pharmaceutical companies while allowing just about anyone else to access physician data, it gave the Court an opportunity to expand the rights of companies to engage in targeted marketing, particularly when medicine and public health are at issue. When Vermont restricted the use of "detailing," it was essentially restricting speech by industry it didn't like. The consequence of that, the Court held, is to withhold otherwise true and accurate information from consumers. If state tries to do so, it must have, in plain English, a really, really good reason. But Vermont couldn't come up with a really, really good reason. The law didn't protect physician privacy, it didn't lower the cost of medical services and it didn't promote public health.

What the law did, the Court said, was suppress speech that was "too persuasive" and contrary to the state's own policy goals of promoting generic drug use. In essence, the Court said Vermont had engaged in censorship for political reasons. The state may not like pharmaceutical companies, but it doesn't have the right to keep them quiet.

The dissent, authored by Justice Breyer, is primarily concerned that the Court's decision opens the floodgates for private information to be used by private industry to enhance their bottom lines. The decision has two significant implications: First, states will now likely have a much harder time restricting the use of data, which is much more easily garnered in the digital age, for targeted marketing. This leaves little room for states to regulate all sorts of personal information. Second, Vermont's unapologetic targeting of pharmaceutical companies simply did not play well in the Court. This state-versus-industry political dynamic is also at issue in Vermont's dispute with Entergy over the future of the Vermont Yankee nuclear plant. While that case involves different constitutional questions, the Court's ruling today shows it doesn't like Vermont using its regulatory power to "shut down" companies that engage in practices that are contrary to its own political values.

In both the 2006 Randall campaign finance case and today's Sorrell decision, Vermont compromised constitutional precision in favor of political popularity, positioning the state as David and financially powerful voices as Goliath. In both cases, the Court saw it the other way around. That doesn't bode well for Vermont if, as expected, the Vermont Yankee legal dispute ends up before the Supreme Court. If it does, not even another Anna Nicole Smith case will likely distract the justices from their concern over Vermont's 0-2 record on these key constitutional matters.

Read Hanna's earlier analysis of Sorrell v. IMS Health Inc., which was argued before the U.S. Supreme Court on April 26, 2011.

Professors Parenteau, Kreis Discuss Vermont Yankee Lawsuit With VPR

Vermont Law School — 23 Jun 2011 04:00:00 EST

Vermont Public Radio interviewed Vermont Law School professors Pat Parenteau and Don Kreis on June 22 in advance of a key hearing in the federal lawsuit over the continued operation of the Vermont Yankee nuclear plant.

Listen to the interview.

Read the VLS faculty commentary blog on the Vermont Yankee lawsuit.

The hearing was on Entergy's motion for a preliminary injunction to keep the plant operating pending a trial on the case's merits.

The future of nuclear power nationally could be influenced by the outcome of Entergy Nuclear Vermont Yankee, LLC et. al. v. Shumlin et. al., which is why the case is being watched so closely nationwide.

The U.S. Nuclear Regulatory Commission has given Entergy, which owns Vermont Yankee, a license to operate for another 20 years after its original 40-year federal license expires in March 2012. But the Vermont Legislature has refused to allow the state Public Service Board to issue a certificate of public good, which is required under state law.

Entergy's lawsuit challenges the constitutionality of Vermont's law giving the state legislature veto power over the reactor's operation, as well as the right of any state utility commission to determine whether nuclear power should be part of a mix of electricity generation produced within the state.

New York Times/Greenwire Talk to Prof. Parenteau About Global Warming Case

Vermont Law School — 23 Jun 2011 04:00:00 EST

The New York Times carried a Greenwire story talking to Vermont Law School Professor Pat Parenteau about the U.S. Supreme Court's ruling on June 20 in the global warming case American Electric Power v. Connecticut.

The Court unanimously overturned a 2009 federal appeals court decision that allowed several states and environmental groups to sue coal-fired electric utilities on the grounds that their emissions create a public nuisance by contributing to global warming.

The case tried to use common law -- or a judge-made remedy -- to force industries to reduce greenhouse gas emissions, but the Supreme Court said the matter must be addressed by the Environmental Protection Agency under the Clean Air Act rather than the courts. The EPA plans to make a final decision about whether it will issue final greenhouse gas regulations by May 2012.

VT Prescription Drug Law, Offer to Purchase CVPS: VT Law School Experts Available to Comment

Vermont Law School — 23 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School faculty experts are available to comment on two news items today.

• The U.S. Supreme Court's ruling in Sorrell v. IMS Health Inc., overturning Vermont's physician data mining law that limited how drug manufacturers could use information about the kinds of drugs that doctors prefer to prescribe to their patients. The Court ruled in favor of pharmaceutical companies and data miners who say the law violated their First Amendment rights.

Professor Cheryl Hanna, a constitutional expert, is available at: cell 802.233-8818.

• An offer by Gaz Metro of Canada, the parent company of Green Mountain Power, to purchase Central Vermont Public Service. CVPS is currently seeking Vermont Public Service Board approval for a sale to Fortis Inc., another Canadian company.

Professor Michael Dworkin, director of the VLS Institute for Energy and Environment, is available at: office 802.831.1319 or cell 802.249-7840.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Pollution as Public Nuisance: VT Law School Panel to Discuss Supreme Court's New Ruling in Global Warming Case

Vermont Law School — 23 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School scholars and a federal judge will discuss the U.S. Supreme Court's ruling earlier this week in the global warming case American Electric Power v. Connecticut at 4:30 p.m., Thursday, June 30 in the Chase Community Center.

The Supreme Court on June 20 unanimously overturned a 2009 federal appeals court decision that allowed several states and environmental groups to sue coal-fired electric utilities on the grounds that their emissions create a public nuisance by contributing to global warming. The case tried to use common law -- or a judge-made remedy -- to force industries to reduce greenhouse gas emissions, but the Supreme Court said the matter must be addressed by the Environmental Protection Agency under the Clean Air Act rather than the courts. The EPA plans to make a final decision about whether it will issue final greenhouse gas regulations by May 2012.

VLS professors Pat Parenteau and John Echeverria will joined by Judge Peter Hall of U.S. Court of Appeals for the Second Circuit, who wrote the opinion that the Supreme Court reviewed in the AEP case.

The panel discussion is part of the VLS Environmental Law Center's Hot Topics in Environmental Law Summer Brown Bag Lecture Series. Each lecture is worth one VBA CLE credit. Lectures are free and open to the public.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

New York Law Journal Reviews Prof. Schmidt's Nonprofit Law Casebook

Vermont Law School — 21 Jun 2011 04:00:00 EST

The New York Law Journal on June 14 favorably reviewed Vermont Law School Associate Professor Betsy Schmidt's new casebook, "Nonprofit Law: The Life Cycle Of a Charitable Corporation."

"Many lawyers retain their casebooks from law school for years after graduation, and occasionally consult one or more of them in their practices. Ms. Schmidt's new casebook will likely be shelved among such casebooks, and cracked open by practitioners who seek to organize a tax-exempt organization, represent one in litigation, plan to sue one, or have a client contemplating serving on a charitable organization's board," said the reviewer, Kenneth Ryesky, a solo practitioner and professor of accounting at Queens College CUNY who was formerly an attorney with the Internal Revenue Service.

Vermont Yankee Lawsuit: VT Law School Experts Available to Comment on Key Hearing, Will Host Public Forum on Troubled Nuclear Plant

Vermont Law School — 20 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School faculty experts are available to comment on a key hearing Thursday and Friday in U.S. District Court on the future of the Vermont Yankee nuclear plant.

VLS faculty also will debate the lawsuit at a public forum at 4:30 p.m., Monday, June 27 in the Chase Community Center.

The future of nuclear power nationally could be influenced by the outcome of Entergy Nuclear Vermont Yankee, LLC et. al. v. Shumlin et. al., which is why the case is being watched so closely nationwide.

The hearing set for Thursday and Friday is on Entergy's motion for a preliminary injunction to keep the plant operating pending a hearing on the case's merits. Judge Gavin Murtha has scheduled a trial on the merits for October, so the narrow question presented at this juncture is whether Entergy will suffer "irreparable harm" between now and October.

VLS faculty are providing analysis of the case's environmental, constitutional and political implications on their "Vermont Yankee Lawsuit" commentary blog.

VLS faculty available to comment include:
• Professor Pat Parenteau, whose expertise includes climate change: 802.831.1305, pparenteau@vermontlaw.edu
• Adjunct Professor Peter Bradford, a former member of the U.S. Nuclear Regulatory Commission: 802.824.4296, perubrad@aol.com
• Professor Michael Dworkin, director of VLS's Institute for Energy and the Environment: 802.831.1319, mdworkin@vermontlaw.edu
• Assistant Professor Don Kreis, an expert on energy and regulatory law: 802.831.1374, dkreis@vermontlaw.edu
• Professor Cheryl Hanna, a constitutional expert: 802.831.1282, channa@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

Tuesday’s Hot Topics Talk: Is the Kyoto Protocol Dead?

Vermont Law School — 20 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Professor Dan Bodansky of Arizona State University's Sandra Day O'Connor College of Law will discuss the status of the Kyoto Protocol at noon, Tuesday, June 21, in Oakes Hall, room 007.

The Kyoto Protocol is an international agreement linked to the U.N. Framework Convention on Climate Change, according to the United Nations. The major feature of the Kyoto Protocol is that it sets binding targets for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions.

Bodansky's talk is part of the Vermont Law School Environmental Law Center's Hot Topics in Environmental Law Summer Brown Bag Lecture Series. Each lecture is worth one VBA CLE credit. Lectures are free and open to the public.

Learn more about upcoming Hot Topics lectures, including topics, times, dates and locations.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, home: 802.649.2235, jcramer@vermontlaw.edu

“Brown to Green” Conference Aims to Revitalize Brownfields

Vermont Law School — 20 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School will host a "Brown to Green 2011" conference on Thursday, June 23, to provide developers and their professional advisors with tools for identifying, transacting and redeveloping brownfields in Vermont.

The conference will be from 9 a.m. to 5 p.m. in the Chase Community Center. Deb Markowitz, Vermont's Secretary of Natural Resources, will give the keynote address from noon to 1 p.m.

Panelists will include private practitioners, law school professors, government attorneys and program personnel from federal, state and regional brownfields programs. Brownfields are contaminated industrial or commercial sites in need of cleanup. Conference sessions will guide participants through the transactions and site preparation process. Emphasis will be placed on the state and federal regulatory framework, practical risk management vehicles, environmental investigation, and utilization of financial and technical assistance programs.

The event is sponsored by VLS's Land Use Institute, the Vermont Agency of Natural Resources, Vermont Department of Environmental Conservation and Vermont Bar Association.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

AEP v. Connecticut: VT Law School Experts Available to Comment On Today's U.S. Supreme Court Ruling

Vermont Law School — 20 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School has faculty experts available to comment on the U.S. Supreme Court's unanimous ruling this morning in the global warming case American Electric Power v. Connecticut.

The Court overturned a 2009 federal appeal court decision that allowed several states and environmental groups to sue coal-fired electric utilities on the grounds that their emissions create a public nuisance by contributing to global warming.

The case tried to use common law to force industries to reduce greenhouse gas emissions, but the Court ruled that the Clean Air Act and the EPA's actions under the Act displace the claims that are made under public nuisance laws.

VLS climate change experts include:
• Professor Patrick Parenteau: 802-831-1305, pparenteau@vermontlaw.edu
• Professor John Echeverria: 802-831-1386, jecheverria@vermontlaw.edu
• Professor Martha Judy: 802-831-1345, mjudy@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Today’s Hot Topics Talk: The Politics of Vermont’s Fish and Wildlife

Vermont Law School — 17 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Patrick Berry, commissioner of the Vermont Fish and Wildlife Department, will discuss the interplay of politics and policy in the legislative, regulatory and resource management arenas at noon, today at the Historical Museum Society in Montpelier.

Berry is Vermont Law School's former director of Governmental Affairs and Environmental Advancement.

His talk is part of the VLS Environmental Law Center's Hot Topics in Environmental Law Summer Session Brown Bag Lecture Series. Each lecture is worth one VBA CLE credit. Lectures are free and open to the public.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Reefer Madness: Planning for and Regulating Medical Marijuana

Vermont Law School — 16 Jun 2011 04:00:00 EST

Summer faculty member Dwight Merriam, of Robinson & Cole LLP's Land Use Group, gave a Hot Topics talk on Jun 9, 2011, titled "Reefer Madness: Planning for and Regulating Medical Marijuana."

Dwight Merriam discusses wide variation in state laws for medical marijuana and the resulting controversy.

Merriam discussed the the wide variation in state enabling laws and local ordinances for medical marijuana and the resulting controversy, uncontrolled activity and unexpected consequences.

Each summer as part of Vermont Law School's summer session, the Environmental Law Center presents Hot Topics in Environmental Law, a brown bag lecture series on important environmental law and policy issues facing the world. The lectures are free and open to the public.

Today’s Hot Topics Talk: Carbon Capture and Sequestration in the EU

Vermont Law School — 16 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Javier Garcia-Lomas Gago '10, an attorney with Perez Moreno LLP in Seville, Spain, and an adjunct professor at Vermont Law School and the University of Seville, will discuss carbon capture and sequestration in the European Union at noon, today in Oakes Hall, room 007.

Garcia-Lomas Gago will discuss the legal framework for the CCS Directive-the geological storage of carbon dioxide-that was recently passed by the EU, and how the EU member states have implemented this directive.

VLS's Environmental Law Center presents Hot Topics in Environmental Law: Summer 2011 Brown Bag Lecture Series. Each lecture is worth one VBA CLE credit. Lectures are free and open to the public.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Vermont Yankee Lawsuit: New Commentary Available

Vermont Law School — 15 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School Professor Cheryl Hanna today posted a new commentary on the school's faculty blog about the environmental, constitutional, political and other implications of the federal lawsuit over the troubled Vermont Yankee nuclear power plant.

Read the post, titled "States' NIMBY Argument Unlikely to Prevail."

Entergy Nuclear Vermont Yankee, LLC et. al. v. Shumlin et. al. is being closely watched across the country because of its potential to affect nuclear power in the United States. Entergy Corp., which owns Vermont Yankee, is suing Vermont in U.S. District Court over whether federal laws governing nuclear power pre-empt state ones.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Prof. Tuholske Weighs In On Montana Climate Change Lawsuit

Vermont Law School — 14 Jun 2011 04:00:00 EST

Vermont Law School Adjunct Prof. Jack Tuholske co-authored a June 14 op-ed in the Missoulian (Mont.) on a climate change lawsuit recently filed at the Montana Supreme Court.

The suit was filed by a group of unpaid Montana lawyers who asked the court to declare that governments at all levels hold the atmosphere in trust for its citizens and owe a fiduciary duty to protect it.

Tuholske, a lawyer in Missoula, argued that the suit has a sound legal basis in Montana law.

"The public trust doctrine has been repeatedly recognized by the Montana Supreme Court for the more than a quarter-century and, in light of the constitution's protection of the 'the entire (environmental) life support system,' it hardly seems 'audacious' to extend the doctrine's reach from rivers and lakes to the atmosphere," the op-ed said. "Since the doctrine has been used for over a century throughout the U.S. to protect the public's interest in water, it is neither 'implausible' nor a 'leap' for the court to require the government to fulfill its duty to protect the atmosphere as a public asset upon which our lives depend."

Read the op-ed.

Week of June 6

Vermont Law School — 14 Jun 2011 04:00:00 EST

The New York Times and National Law Journal reported June 12 on the death of VLS Trustee Norman Redlich, a prominent constitutional lawyer and former dean of the New York University School of Law.

The Stanford Lawyer's Spring 2011 issue profiles Assistant Professor Michele Martinez Campbell and other Stanford Law alumni who are legal fiction writers.

The International Business Times and other news outlets and blogs included Adjunct Professor Peter Bradford in their June 12 stories about nuclear power in the United States.

NEI Nuclear Notes reported June 12 on VLS's new Vermont Yankee faculty commentary blog on the federal lawsuit over the disputed nuclear power plant.

Ruth White '12 posed the final question -- about renewable energy and infrastructure -- to U.S. Interior Secretary Ken Salazar during an "America's Great Outdoors" web cast on June 10.

Sirius NFL Radio discussed the NFL labor dispute with Professor Michael McCann on June 11.

AmmoLand included Vermont Law School in a June 9 story about Vermont's wildlife being managed as a public resource.

The Business Journals, Barrons and other news and trade outlets reported June 8 on a news conference about the state of nuclear power in the United States, which included Adjunct Professor Peter Bradford.

The Brattleboro Reformer talked to Professor Pat Parenteau on June 8 about a groundwater map under the Vermont Yankee nuclear plant.

Vermont Public Radio spoke with Professor Michael Dworkin on June 8 and June 9 about the proposed sale of Central Vermont Public Service Corp. to a Canadian-based company.

CBS Radio Baltimore discussed the NFL labor dispute, cyclist Lance Armstrong and other issues with Professor Michael McCann on June 7.

The New York Times talked to Professor Gus Speth on June 6 about René Dubos, a scientist and essayist who combined achievements in microbiology and forging a sustainable human relationship with the environment.

Roman Sidortsov '08 Discusses Climate Change in Huffington Post Op-Ed

Vermont Law School — 13 Jun 2011 04:00:00 EST

Roman Sidortsov '08 and two co-authors wrote an op-ed in The Huffington Post on June 13 in which they discussed climate change and the vastly different positions of the pope and the speaker of the U.S. House of Representatives. The op-ed was linked to by The Wall Street Journal.

Sidortsov is a Senior Global Energy Fellow at the Institute for Energy and the Environment at Vermont Law School, where he is pursuing an LLM degree in environmental law.

Read the op-ed in The Huffington Post.

VPR Discusses CVPS's Proposed Sale With Prof. Dworkin

Vermont Law School — 10 Jun 2011 04:00:00 EST

Vermont Public Radio interviewed Professor Michael Dworkin on June 8 about a Canadian-based company's proposed purchase of the Central Vermont Public Service Corp.

He discussed the impact and implications of the proposed sale on CVPS shareholders, rate payers and employees and why Canadian companies have found Vermont utilities such desirable takeover targets.

Dworkin is the director of Vermont Law School's Institute for Energy and the Environment and the former chairman of the Vermont Public Service Board.

Listen to the story.

Today’s Hot Topics Talk Let the Sunshine In: Trends in Transparency

Vermont Law School — 10 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Assistant Professor Don Kreis will give a Hot Topics talk, titled "Let the Sunshine In: Trends in Transparency," from noon to 1 p.m. today at the Historical Museum Society in Montpelier.

Kreis's talk will focus on how Vermont is doing when it comes to holding energy and environmental decision makers publicly accountable.

Kreis, a former Associated Press reporter and editor who has a master's degree in journalism from Columbia University, is associate director of Vermont Law School's Institute for Energy and the Environment.

VLS's Environmental Law Center presents Hot Topics in Environmental Law: Summer 2011 Brown Bag Lecture Series. Each lecture is worth one VBA CLE credit. Lectures are free and open to the public.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Report Finds Greater Reliance on Efficiency, Wind and Long-Term Contracts Reduces Risks and Ratepayer Costs

Vermont Law School — 07 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- A Vermont Law School report released today offers a comprehensive approach to resource acquisition in the electricity sector and highlights the increasing importance of efficiency, renewables such as wind power, and long-term contracts to lower risk and costs in meeting future electricity needs.

Mark Cooper, senior fellow for economic analysis at VLS's Institute for Energy and the Environment, presented his findings at the annual meeting of the Mid-America Regulatory Conference in Rapid City, South Dakota, where he was on a panel to discuss the potential marriage between natural gas and renewables.

Cooper is available to comment at 301-807-1623 (cell) and markcooper@aol.com

Read an executive summary and the full report, titled "Least-cost Planning for 21st Century Electricity Supply."

"Regulators and utilities must adapt to the increasing complexity and ambiguity that resource acquisition faces in the electricity sector," Cooper said. "The core principles of prudence and least cost planning should be reaffirmed, but a resource plan for America's electricity supply in the rest of the 21st century must also:

• be hedged against risk.
• maximize options to reduce uncertainty.
• be flexible with respect to outcomes that are, at best, vague.
• be insulated against ignorance of the unknown.

The report uses four fields (financial portfolio and real option analysis, technology risk assessment, reliability and risk mitigation management, and Black Swan Theory) to build a practical framework for regulators and utilities to evaluate electricity resources. The framework offers specific advice to utilities and regulators:

• Identify the trade-offs between cost and risk and lower risk through hedging.
• Reduce exposure to uncertainty by buying time.
• Keep options open by acquiring small assets that can be added quickly.
• Minimize surprises by avoiding assets that have unknown or uncontrollable effects.
• Create systems that monitor conditions and can adapt to change in order to maintain system performance.
• Buy insurance where possible.
• Recognize that diversity is the best insurance.
• Build resilience with diversified assets by increasing the variety, balance and disparity of the resource mix.

The report applies the framework to rank seventeen resources based on the cost estimates from two well-known sources-Lazard, Wall Street and the California Energy Commission.

"The empirical analysis shows that the current utility bias in favor of large, central station facilities makes long-term commitments in exactly the wrong way for the current decision making environment," Cooper said. "It commits to assets that have high risk (e.g., fossil fuel and nuclear facilities) or create large exposure to uncertainty (large size, high capital costs, or long lead times) with technologies that have vague long-term prospects (unstable resource availability and poorly understood environmental impacts)."

"Gas has an important role to play, but the dash to gas that is developing is being significantly overdone because it unnecessarily exposes ratepayers to risk, uncertainty and vagueness," Cooper said. "A more balanced approach that begins with a great deal more efficiency and locally abundant renewables such as wind-that can be acquired more quickly and in much smaller increments with long term fixed-price contracts-yields lower expected costs when combined with natural gas."

Cooper has 30 years of public policy analysis experience and has given 350 pieces of expert testimony before federal and state legislatures and regulatory bodies on behalf of consumer, low-income and public-interest groups, people's counsels and attorneys general.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

"Story of Stuff" Author Annie Leonard Receives Honorary Degree

Vermont Law School — 06 Jun 2011 04:00:00 EST

Annie Leonard, the author of "The Story of Stuff," received an honorary degree at Vermont Law School's 36th commencement on May 21 in recognition of her nearly two decades investigating and organizing on environmental health and justice issues. Leonard discussed her work in a guest lecture the day before commencement. View the lecture.

Week of May 30

Vermont Law School — 06 Jun 2011 04:00:00 EST

The Times Argus talked to Assistant Professor Don Kreis on June 5 about a Canadian company's purchase of Central Vermont Public Service Corp.

The Burlington Free Press spoke June 4 with Jared Carter '09, executive director of the nonprofit Rural Vermont, about various bills before the Vermont Legislature.

A Brattleboro Reformer editorial cited Vermont Law School's new Vermont Yankee faculty blog on June 4.

The Associated Press reported June 3 and the Burlington Free Press and Treehugger.com June 2 on VLS's new Vermont Yankee faculty blog on the federal lawsuit over the disputed nuclear power plant.

In his Sports Illustrated columns on June 2 and June 3, respectively, Professor Michael McCann wrote about the latest developments in the NFL labor dispute. He also spoke with Baltimore WNST, ESPN Radio Austin (Texas), FOX Radio and the Seattle News Tribune.

Professor Pat Parenteau talked to the Brattleboro Reformer on June 2 about the federal lawsuit over the Vermont Yankee nuclear plant.

The New York Times picked up a Greenwire story quoting Professor Pat Parenteau on a lawsuit over natural gas fracking in New York.

Solve Climate News, whose story was carried by Reuters, spoke with Professor Pat Parenteau on June 1 about legal challenges to the EPA's rules on greenhouse gas emissions.

Sports Illustrated on May 31 cited Professor Michael McCann's research into age limits in professional sports.

The Des Moines Register cited Mark Cooper's research in a May 31 article about a bill that would expand Iowa's nuclear power. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.

USA Today talked to Professor Michael McCann on May 30 about the NBA labor dispute.

The National Law Journal discussed the NFL labor dispute with Professor Michael McCann on May 30 in an article that was also carried by Yahoo! Finance in the United States, Canada and Singapore.

The Boston Herald and Dallas Morning News spoke with Professor Michael McCann on May 30 about Super Bowl ticket holders who sued the Dallas Cowboys and NFL for damages related to February's seating fiasco in Arlington.

In the spring/summer 2011 issue of Northeastern University School of Law's Northeastern Law Magazine, Professor Susan Apel is included among "Northeastern's Practical People," or alums who have gone on to teach at law schools in clinical and experiential programs.

Oceans Expert Calls for Ban on Shark Finning

Vermont Law School — 03 Jun 2011 04:00:00 EST

Teeth, yes. Charisma, no.

A magnetic personality probably isn't the first thing that comes to mind when you think of sharks, especially the great white shark, but the oceans' top predators have long held a morbid curiosity for humans.

And it's that public fascination that conservationists are using to try to stop shark finning, the brutal practice of cutting off their fins to make shark fin soup, an oceans expert told a Vermont Law School audience on June 2.

Michael Sutton, director of the Monterey Bay Aquarium's Center for the Future of the Oceans, kicked off the VLS Environmental Law Center's 2011 Hot Topics summer lecture series by discussing California's campaign to ban shark finning. A new California bill would outlaw the purchase, sale, trade or possession of shark fins. Hawaii has passed such a law. Oregon and Washington state are considering similar legislation.

"The goal is to put shark fin soup out of business in California," Sutton said.

Shark finning kills an estimated 73 million sharks a year, contributing to a significant decline in shark populations worldwide, Sutton said. The practice involves hacking off a live shark's fins, then leaving it to die slowly as it sinks to the bottom of the sea.

Shark fin soup is a traditional Chinese delicacy, a symbol of wealth and power, but surveys show that a vast majority of Californians, including Chinese-American residents, oppose shark finning, Sutton said. He predicted the California bill, which passed the state Assembly last week, will receive state Senate approval and the governor's signature by year's end.

Sharks are a "charismatic mega-fauna," a term that conservationists use for large animals that fascinate the public, such as bears, lions and tigers. In the case of sharks, humans have a love-hate relationship with these ichthyological wonders of the oceans, which cover 70 percent of the world's surface and 90 percent of the global biosphere, Sutton said.

The world has three primary shark populations - off California, South Africa and Australia - and Monterey Bay Aquarium scientists are learning more about the species' life history, movements and habits from satellite tagging technology. Like many other large animals, sharks live long lives, reproduce slowly, bear live young and can't stand intensive fishing, hunting or habitat degradation, Sutton said.

Shark finning is illegal in U.S. waters, but no laws prohibit it on the high seas, which are beyond any nation's territorial waters. Sutton said history has shown that killing off apex predators -- grizzly bears, sharks, alligators and other creatures at the top of their respective food chains -- damages any ecosystem.

He said the campaign to stop shark finning is taking hold in China and among Chinese-Americans in California, where a growing number of young couples' wedding announcements carry the caveat: No shark fin soup will be served.

Vermont Yankee Lawsuit: VT Law School Faculty Offer Insight Into Critical Case for U.S. Nuclear Power

Vermont Law School — 02 Jun 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School today launched a commentary blog where its faculty experts will provide ongoing analysis of the environmental, constitutional, political and other implications of the federal lawsuit over the troubled Vermont Yankee nuclear power plant.

Entergy Nuclear Vermont Yankee, LLC et. al. v. Shumlin et. al. is being closely watched across the country because of its potential to affect nuclear power in the United States. Entergy Corp., which owns Vermont Yankee, is suing Vermont over whether the federal or state government has final approval in the reactor continuing to operate.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Week of May 23

Vermont Law School — 31 May 2011 04:00:00 EST

The Houston Chronicle talked to Professor Pat Parenteau on May 29 about a proposal to add a West Texas lizard to the endangered species list, which could slow oil and natural gas production in that area.

Neues Deutschland (Germany) spoke with Professor Peter Bradford on May 28 about the financial risks to taxpayers of nuclear power plants.

WECT and other North Carolina media reported May 28 on the death of John Carroll III '86, a district court judge in North Carolina.

The Burlington Free Press spoke with Professor Cheryl Hanna on May 26 about the Michael Jacques murder case.

The Randolph Herald had front-page stories May 26 about Democracy Now! host Amy Goodman's commencement talk and the groundbreaking for the Center for Legal Services.

The Burlington Free Press, Rutland Herald and Vermont Today talked to Professor Cheryl Hanna on May 25-26 about the retirement of Vermont Supreme Court Justice Denise Johnson.

The Conglomerate spoke with Professor Michael McCann on May 25 about whether U.S. soccer fans can bring antitrust claims against European football for financial fair play.

Il Foglio (Italy) talked to Professor Philip Meyer on May 24 about the Dominique Strauss‑Kahn sexual assault case and how Europeans' common perception of the American legal system is influenced by U.S. movies, novels and television.

In his latest Sports Illustrated commentary May 24, Professor Michael McCann discussed the NBA labor dispute.

The Rutland Herald and Vermont Today reported May 24 on the death of Peter Neary '82, a deputy state's attorney in Rutland.

U.S. News & World Report reported May 23 on Vermont Law School's new online masters degree program in environmental law.

In her latest Vermont Public Radio commentary May 23, Professor Cheryl Hanna discussed Burlington's Kathleen Sullivan, one of Entergy's key lawyers in the company's lawsuit to prevent the state of Vermont from shutting down the Vermont Yankee nuclear plant in 2012.

WCAX talked to Professor Cheryl Hanna on May 23 about the double murder trial of Tony Pavone.

Democracy Now! Host Urges VLS Grads to be "Sword or Shield"

Vermont Law School — 25 May 2011 04:00:00 EST

Amy Goodman, host and executive producer of Democracy Now!, urged Vermont Law School graduates at the school's 36th commencement on May 21 to join the forces fighting for truth, justice and openness.

"You have to decide whether you are going to represent the sword or the shield," she said.

Goodman, who received an honorary degree, spoke of VLS's history of preparing students to be successful litigators, public interest attorneys, environmental and land use experts, civil rights advocates and activists in a range of fields, including climate change.

She also spoke of Vermont's leading role among U.S. states in promoting equality and protecting its citizens and the environment -- the Green Mountain state was the first state to abolish slavery in its Constitution; the first state to approve gay civil unions and same-sex marriage through legislative action instead of a court ruling; and the first state to require its approval for nuclear power plants within its borders.

Goodman, whose independent journalism is considered a counterpoint to corporate media consolidation, recalled her experiences covering the 1991 massacre of protesters in East Timor and the 2008 crackdown on protesters at the Republican National Convention in St. Paul, Minn. She said both instances were examples of government, military and police abuse of people gathered peacefully to seek truth, openness and justice.

Watch Goodman's commencement address.

Prof. Meyer Discusses "Why L.A. Law Still Matters"

Vermont Law School — 25 May 2011 04:00:00 EST

Vermont Law School Professor Philip Meyer spoke at a Stanford Law School symposium titled "Channeling Justice: Television and the Legal Profession" on May 6.

Other speakers included several Stanford Law faculty members and television producers David Kelley, whose shows have included "L.A. Law," "Boston Legal" and "Ally McBeal," and Ben Silverman, whose shows have included "The Office."

Meyer's talk, "Why L.A. Law Still Matters," was based on his chapter "Revisiting L.A. Law" in the 2009 book "Lawyers in Your Living Room! Law On Television," published by the American Bar Association. The book was aimed at both commercial and academic audiences.

Read Meyer's chapter.

Prof. Echeverria Testifies on Private Property Rights

Vermont Law School — 24 May 2011 04:00:00 EST

Vermont Law School Professor John Echeverria, one of the nation's foremost experts in takings law, testified April 11 on the Private Property Rights Protection Act of 2011 before the Constitution Subcommittee of the Judiciary Committee of the U.S. House of Representatives.

Read the testimony.

Watch the testimony on YouTube.

Week of May 16

Vermont Law School — 23 May 2011 04:00:00 EST

Vermont Today reported May 22 on Democracy Now! host Amy Goodman's speech at Vermont Law School's 36th annual commencement.
The Salmon Press (N.H.) spoke with Assistant Professor Michele Martinez Campbell on May 20 about a drug court program for non-violent offenders.
Platts spoke with Professor Pat Parenteau on May 18 about a federal judge denying motions by two anti-nuclear groups to intervene in Entergy's lawsuit challenging Vermont's right to force the Vermont Yankee nuclear plant to close in 2012.
The Center for Public Integrity talked to Professor Peter Bradford on May 18 about the risks of nuclear power plants.
PressZoom reported May 18 on VLS's new online master's degree program in environmental law.
The Wall Street Journal carried Professor Peter Bradford's review on May 18 of the new book, "The End of Energy".
WCAX spoke with Assistant Professor Michele Martinez Campbell on May 18 about a self-defense claim in a murder case in Vermont.
PressZoom reported May 18 on Holli Brown '12 being named winner of the sixth annual ELI-ABA-NAELS "Endangered Environmental Laws" Student Writing Competition.
The Indianapolis Star talked to Professor Michael McCann on May 17 about the U.S. Justice Department's inquiry into the NCAA's Bowl Championship Series.
Business Wire reported May 17 on VLS selecting Xirrus high performance Wi-Fi Arrays across campus.
WCAX spoke with Professor Cheryl Hanna on May 16 about the Vermont Yankee federal pre-emption lawsuit, Vermont's new health care bill and drunk driving legislation.
In his Sports Illustrated column May 16, Professor Michael McCann discussed the NFL labor dispute, which he also discussed with ESPN, Toronto 590 AM, Tornoto 640 AM, Knoxville 99.1 FM, Cincinnati 700 AM, Seattle News Tribuen, NFL Gridiron Gab and other media.
The Associated Press reported May 16 and the Burlington Free Press had an editorial May 19 on former Professor David Mears' role in regulating two towns' sewage treatment plant. Mears resigned to become commissioner of the Vermont Department of Environmental Conservation.

Week of May 9

Vermont Law School — 16 May 2011 04:00:00 EST

The Brattleboro Reformer reported May 14 on a corn-based ethanol study co-authored by students at the VLS Institute for Energy and the Environment.
The Brattleboro Reformer profiled Jesse Corum '77 on his 30th anniversary of practicing law.
The Boston Globe, Seattle Times and other media reported May 12 on the appointment of Jonathan Lash, former director of the Environmental Law Center, as president of Hampshire College.
The Huffington Post and other media ran a Center for Public Integrity investigative story on May 11 quoting Professor Peter Bradford on the safety risks of nuclear energy.
Bloomberg News talked to Professor Pat Parenteau on May 10 about the federal government's plan to reduce the backlog of cases seeking protection for wildlife and plants under the Endangered Species Act.
High Country News quoted Professor Pat Parenteau in a May 10 story about efforts to better enforce the Clean Water Act.
The Environmental Law Institute reported May 10 that Holli Brown '12 was named co-winner of the sixth annual ELI-ABA-NAELS "Endangered Environmental Laws" Student Writing Competition.
Carl Ponce '97, general coordinator of the Latin American and Caribbean Network for Democracy, discussed Venezuela's "populist propaganda" in a May 10 commentary in the Latin American Herald Tribune.
The Associated Press reported May 10 that Democracy Now! host Amy Goodman would be VLS's commencement speaker.
Law Technology News reported May 10 and Campus Technology May 9 on Vermont Law School's launch of two online master's degree programs in environmental law.
Assistant Professor Michele Martinez Campbell talked to the Valley News on May 9 about a Vermont murder trial involving an ax, a hunting rifle and a claim of self-defense.

Society of American Law Teachers Opposes Efforts to Derail Repeal of "Don't Ask, Don't Tell" Law

Vermont Law School — 13 May 2011 04:00:00 EST

Vermont Law School Professor Jackie Gardina wrote the following statement from the Society of American Law Teachers (SALT) on May 12 in response to the House Armed Services Committee's amendment that would make the repeal of the "don't ask, don't tell" law more difficult. Gardina is a member of SALT's board of governors.

SALT condemns recent efforts by House Republicans to derail, delay, and defund the repeal of Don't Ask Don't Tell. These efforts are a potent reminder that the fight to end Don't Ask Don't Tell is not over. As academic institutions prepare to allow the military back on campus, they must remain vigilant and continue to fight efforts to undermine repeal of the only federal law that affirmatively discriminates based on sexual orientation.

On May 11, 2011, the House Armed Services Committee adopted an amendment to the National Defense Authorization Act of 2012 that would make the repeal process more difficult. Representative Duncan Hunter offered the amendment which reflects the language of his "Restore Military Readiness Act of 2011" bill (H.R. 337). It requires that each branch service chief certify that repeal of Don't Ask Don't Tell "will not degrade the readiness, effectiveness, cohesion, and morale of combat arms units and personnel of the Armed Force under the officer's jurisdiction." Representative Hunter's efforts are a thinly veiled attempt to delay repeal.

Unfortunately, Representative Hunter is not alone in his desire to maintain the status quo. Representative Buck McKeon, Chairman of the House Armed Services Committee, has publicly stated he wants to "repeal the repeal." Chairman McKeon has held two hearings on repeal implementation, inviting witnesses to testify about its perceived detrimental effect on military effectiveness. At least four expected candidates for President in 2012 have voiced their opposition to repeal and some have gone as far as to say that if elected, they would ensure that Don't Ask Don't Tell remains the law.

These actions and statements send a clear message that proponents of repeal must remain vigilant. "The Don't Ask Don't Tell Repeal Act of 2010" neither repealed 10 U.S.C. § 654 nor prohibited discrimination based on sexual orientation in the armed forces. Instead the Act provides for repeal of Don't Ask Don't Tell only after statutorily prescribed actions occur. The statute does not set forth a time frame for the certification process and explicitly states that Don't Ask Don't Tell remains in effect until the requirements are met. As a result, the Ninth Circuit Court of Appeals refused the Department of Justice's request to suspend the appeal in Log Cabin Republicans v. Gates.

As a result, law schools are still bound by the Association of American Law Schools' (AALS) amelioration requirements to post a notice to the general law school community that military practices remain inconsistent with the school's nondiscrimination policy under AALS Bylaw 6‐4(b) and to take other steps to ensure a welcoming and inclusive environment for gay and lesbian students. Until 10 U.S.C. § 654 is repealed and the armed forces are prohibited from discriminating based on sexual orientation, there is no guarantee that gay and lesbian students will truly enjoy equal employment opportunity.

VLS Commencement Day to Include Address by Amy Goodman, Groundbreaking for New Center for Legal Services

Vermont Law School — 10 May 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Amy Goodman, the host and executive producer of Democracy Now!, will be the commencement speaker May 21 at Vermont Law School's 36th graduation ceremony. The public is invited to attend the event, which begins at 10 a.m. on the South Royalton town green.

Amy Goodman

Groundbreaking for the Center for Legal Services will be at 8:30 a.m. at 190 Chelsea Street along the town square. The historic building will undergo a $3.5 million renovation and conversion into the new home of the South Royalton Legal Clinic and the Environmental and Natural Resources Law Clinic.

Goodman is the first journalist to receive the Right Livelihood Award, known as the "alternative Nobel Prize," for "developing an innovative model of truly independent grassroots political journalism that brings to millions of people the alternative voices that are often excluded by the mainstream media." Democracy Now!, a daily, independent news program airing on more 800 TV and radio stations in North America, is the largest public media collaboration in the United States.

Commencement week events include a guest lecture at 4 p.m., May 20, in Oakes Hall 012 by Annie Leonard, author of The Story of Stuff, who has spent nearly two decades investigating and organizing on environmental health and justice issues.

Edward Mattes, Jr., '83, chair of the Board of Trustees, will preside over commencement exercises. Honorary degrees will be given to Goodman, Leonard and Scott Cameron '80, former chair of the Board of Trustees. The student speaker will be Cory Steckler, who will receive a Juris Doctor degree and a Master of Environmental Law and Policy degree.

More information is available at our Commencement pages.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Week of May 2

Vermont Law School — 09 May 2011 04:00:00 EST

The Burlington Free Press spoke with Assistant Professor Michele Martinez Campbell on May 8 about the case of a Vermont man accused of raping and murdering his 12-year-old niece.
The Rutland Herald spoke with Professor Cheryl Hanna on May 8 about the legal battle between Entergy and the state of Vermont over the fate of the Vermont Yankee nuclear plant.
The New York Times talked to Professor Peter Bradford on May 7 about concerns that the U.S. Nuclear Regulatory Commission is too close to the industry it regulates. The story was picked up by MSNBC, CNBC, Environment South Africa and other media.
The Valley News talked to administrators, faculty and students for a May 7 story about the prospect of military recruiters returning to campus once the repeal of the "don't ask, don't tell" law is finalized.
In a vtdigger.org commentary May 7, Assistant Professor Don Kreis wrote that Entergy may prevail in its lawsuit to prevent the state of Vermont from closing Vermont Yankee.
The New York Times ran a Greenwire story May 6 talking to Professor Pat Parenteau about Republican lawmakers' efforts to weaken the Endangered Species Act.
Sports Illustrated/CNN Video talked to Professor Michael McCann on May 6 about whether Major League Baseball should punish players for DUI's despite the league not having that authority in the collective bargaining agreement.
In a May 6 commentary on Vermont Public Radio, Assistant Professor Don Kreis discussed using Harper Lee's novel "To Kill a Mockingbird" as a way to talk about racism with his 9-year-old daughter.
The Kansas City Star spoke with Professor Michael McCann on May 6 about a litigation settlement between fired football coach Ron Prince and Kansas State University.
The National Law Journal reported May 5 on VLS's new online master's degree program in environmental law.
The American Lawyer Daily discussed the legality of college football's Bowl Championship Series with Professor Michael McCann on May 5.
Professor Pat Parenteau told the Brattleboro Reformer on May 5 that Vermont likely would defeat Entergy in the legal battle to close the Vermont Yankee nuclear plant.
Inside Higher Ed talked to Professor Michael McCann on May 5 about the U.S. Justice Department's examination of college football's Bowl Championship Series.
The New York Times, Washington Post, Huffington Post, Business Week, Taipei Times, Sunday Times (South Africa), Yahoo! News, Oregon Public Broadcasting News and nearly 200 other news outlets worldwide ran an Associated Press story May 4 quoting Professor Gus Speth on a series of lawsuits intended to force government intervention on climate change.
Law360 spoke with Kevin Jones, VLS's smart grid project leader, on May 4 about the Obama administration and several states promoting renewable energy.
Marketplace reported May 2 and the Boston Globe, Burlington Free Press, Bay Windows, Providence Journal, Seven Days and other media May 4 on VLS's plan to lift its ban of military recruiters on campus once the repeal of the "don't ask, don't tell" law goes into effect.
The Randolph Herald reported May 4 on a corn-ethanol study by the Institute for Energy and the Environment and Food & Water Watch.
Winnipeg Sports Radio 1290 discussed the NFL lockout with Professor Michael McCann on May 3.
VermontRadio WDEV spoke May 2 with Professor Robert Rachlin about Guantánamo, trials of detainees and what may have happened if Osama bin Laden had been captured alive.

Six VT Law School Students Named Schweitzer Fellows for 2011-12

Vermont Law School — 06 May 2011 04:00:00 EST

SOUTH ROYALTON, VT -- The Albert Schweitzer Fellowship announced today that six Vermont Law School students are among the 27 graduate students selected for the 2011-12 class of New Hampshire-Vermont Schweitzer Fellows.

Debevoise Hall

Over the next year, these students will join about 240 Schweitzer Fellows nationwide in carrying out service projects to meet the health needs of underserved individuals and communities. The VLS students are:

• Theo Fetter ‘12 and William Tucker ‘12 will work with landlords in South Royalton to improve energy efficiency and bring a "community greening" model to other towns.
• Sarah Mooney ‘13 will work to improve land use management for the Vermont Department of Corrections in Windsor.
• Ida Nininger ‘13 will aim to empower adults with special needs by helping them create a greeting card initiative.
• Vikram Patel ‘13 will create a food pantry that emphasizes nutrition and healthy eating education.
• Kate Thomas ‘13 will mobilize youth volunteers to improve senior citizens' health and quality of life.

Upon completion of their initial year, these students will become Schweitzer Fellows for Life and join a network of more than 2,000 individuals who throughout their careers will address the health needs of underserved people.

Since 1996, VLS Schweitzer Fellows have each contributed at least 200 hours of service annually to community projects they create. The 2010-11 VLS Fellows are Kelly Connolly ‘12, Renee Gregory ‘11, Maximilian Merrill ‘12, Allison Silverman ‘12 and Michelle Tarnelli ‘12.

Read the Schweitzer Fellowship blog.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

VT Law School Launches First Online Degree in Environmental Law

Vermont Law School — 05 May 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School, the nation's premier environmental law and policy school, will launch two online degree programs on May 16, including America's first online master's degree program in environmental law for non-lawyers.

The all-online format is designed to deliver a robust educational experience that is flexible and accessible for professionals who need to continue working while completing their degree. Students enrolled in the inaugural online Master of Environmental Law and Policy (MELP) and the online LLM in Environmental Law, for post-JD attorneys, will develop the expertise to address the world's increasingly complex environmental issues.

Professor Marc Mihaly

After several years of research that included online pilot courses, VLS decided to embrace distance learning to serve the fastest-growing population of graduate students in the United States. Professor Marc Mihaly, director of the VLS Environmental Law Center (ELC), said distance learning provides the best avenue for the nation's top-ranked environmental law school to reach individuals who want expertise and resources in environmental law and policy but who can't venture to South Royalton to take classes or participate in degree programs. More than 100 students are expected to enroll in the first year and 230 students in the second year.

"By providing a platform for students to explore environmental law and policy with our world-class faculty at their own pace and within their own constraints, we will extend Vermont Law School's unique brand of excellent environmental legal training and commitment to public well-being to a vast array of communities and to the world," Mihaly said.

Vermont Law School, which has been at the forefront of environmental law and policy since 1978, has been ranked #1 by U.S. News & World Report 14 times since their specialty rankings began in 1991.

VLS's bold venture will lead nonprofit, mission-driven law schools in the development of the appropriate standards for distance education, according to Associate Professor Rebecca Purdom, director of distance learning.

Associate Professor Rebecca Purdom

"Other institutions are watching us, looking to our example as the way to offer responsible, effective and valued legal education in the 21st century," she said. "VLS will set the standard for a new kind of distance education."

Learn more about the online master's programs.

Professor Purdom can be reached at 802.282.3070 (cell), 802.831.1217 (office) or rpurdom@vermontlaw.edu

Professor Mihaly is available at 802.831.1214 or mmihaly@vermontlaw.edu

MEDIA CONTACT: John Cramer, Associate Director of Media Relations
802-831-1106, jcramer@vermontlaw.edu

Dean Shields Talks to Marketplace About "Don't Ask, Don't Tell"

Vermont Law School — 04 May 2011 04:00:00 EST

Marketplace, the national radio program, spoke with Dean Jeff Shields, Professor Greg Johnson and several students on May 2 about Vermont Law School's stance on the "don't ask, don't tell" law.

Dean Jeff Shields

Listen to and read the Marketplace story.

VLS is one of only two law schools in the nation that prohibit military recruiters on campus because of "don't ask, don't tell," which prevents gay men and lesbians from serving openly in the military--and VLS is the only law school that foregoes some federal funds because of its stance on "don't ask, don't tell."

Legislation to repeal the law was approved by Congress and signed by President Obama in December, but the repeal won't be effective until 60 days after the president, chairman of the Joint Chiefs of Staff and secretary of defense certify that policies and regulations are in place and military readiness will not be affected.

Once the repeal is finalized, Shields will notify the Pentagon that military recruiters are allowed back on campus for the first time in more than 25 years.

VLS students and JAG recruiters have maintained a strong relationship despite the impediment of having to meet off campus over the years--on average, VLS has the same number of graduates and interns entering JAG as law schools that allow military recruiters on campus nationwide.

Read a recent VLS news release.

Offshore Drilling in Alaskan Arctic: VT Law Schools Experts Available to Comment

Vermont Law School — 04 May 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School has faculty experts available to comment on proposals for offshore oil drilling in the Alaskan Arctic, including Shell Oil's controversial request to the federal government this week to drill up to 10 exploratory wells over the next two years.

The environmentally fragile and remote region potentially holds 27 billion barrels of oil, but Shell's proposal has drawn increased scrutiny from government regulators, conservationists and others in the wake of the Gulf of Mexico oil spill.

• Associate Professor Betsy Baker, whose expertise includes Arctic law and policy, law of the sea, and oceans and energy, can be reached at 617.872.4403 (cell), 802.831.1270 (office), bbaker@vermontlaw.edu
• Professor Patrick Parenteau, whose expertise includes ocean and coastal resources, climate change and endangered species, is available at 802.831.1305 (office), pparenteau@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

VT Law School’s Summer Session Exhibit to Highlight Local Artist

Vermont Law School — 04 May 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School's Environmental Law Center (ELC) will present the works of Vermont artist Phyllis Chase on campus from May 18 through August 5.

The exhibit, which will be in the portico between Cornell Library and Debevoise Hall, celebrates the ELC's tradition of featuring Vermont landscapes by local artists on the VLS summer session catalog cover and poster. The exhibit will be the first of what may become an annual exhibit by the summer session catalog artists.

The ELC has selected Chase's artwork for the summer session catalog cover for the past two years. Chase, a plein air oil painter who also paints still lifes and interiors, is known for her colorful and evocative landscapes and silkscreens. Her work has been exhibited nationwide. "As a plein air painter, it is my complete joy to stand for hours at a time on location, trying to crack the code of how light attaches itself to this beautiful land. I also feel it is something like a mission to record the barns, villages, lakes and mountains of Vermont as we still experience them even into the 21st century."

Chase's exhibit at VLS will include interiors and landscapes. Original oil paintings and limited edition giclee prints will be for sale; 20 percent of all sales will be donated to the ELC. A reception will be from 4:30 p.m. to 6 p.m., June 9 in Yates Common Room.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

VT Law School’s U.S.-China Partnership Names New Faculty Director

Vermont Law School — 04 May 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School Professor Jason Czarnezki, an internationally recognized scholar in environmental and natural resources law and policy, has been appointed faculty director of VLS's U.S.-China Partnership for Environmental Law.

Professor Jason Czarnezki

"I am honored to have the opportunity to continue the Partnership's work in building China's capacity for individual and institutional action to solve environmental and energy problems," Czarnezki said.

Established in 2006, the U.S.-China Partnership works to improve China's environmental governance and rule of law, including criminal and civil enforcement of environmental laws and regulations that have been widely ignored during China's economic boom. "We're excited to have such an accomplished scholar join our team," said Assistant Professor Siu Tip Lam, program director of the Partnership.

Under the leadership of Czarnezki and Lam, the Partnership will enter a new era of increased scholarship and academic exchange with Chinese institutions that solidifies VLS's role as the leading U.S. law school working on Chinese environmental and energy law and policy issues.

Czarnezki will work with Lam to:

• Expand research and policy development projects on Chinese environmental and energy law;
• Coordinate research and scholarship between U.S. and Chinese scholars and students;
• Help develop and implement capacity building programs for Chinese government officials, scholars and lawyers.
• Strengthen the VLS curriculum on Chinese environmental law and policy;
• Develop internship programs for VLS students in China;
• Create academic and student exchanges between VLS and Chinese institutions;
• Promote scholarly publication and lectures by VLS faculty and students on China's environmental issues.

Czarnezki, who received a law degree from The University of Chicago, has held academic appointments at Marquette University Law School, DePaul University College of Law, and Sun Yat sen (Zhongshan) University in Guangzhou, China, where he spent the 2009-2010 academic year as a J. William Fulbright Scholar. He has presented his work on environmentalism, natural resources law, food policy, global climate policy and U.S.-China relations at universities, public interest organizations, government institutions, and conferences throughout the United States and Asia. He is working on a series of articles about U.S. government involvement in Chinese environmental policy and an edited volume on the future of Chinese environmental policy.

Assistant Professor Siu Tip Lam

Lam, who has been the U.S.-China Partnership's program director since May 2010, will continue to direct its capacity building programs in China. Lam came to VLS from the Massachusetts Attorney General Office, where was an assistant attorney general in the Environmental Protection Division. She received her law degree from Northeastern University Law School. A native of Hong Kong, she speaks Mandarin Chinese and Cantonese.

"Professor Czarnezki will deepen our ability to serve students and faculty from China and the U.S. as we further integrate our work in China with our academic program here in Vermont," said Dean Jeff Shields.

The U.S.-China Partnership has trained more than 1,000 Chinese lawyers, judges, government officials and others, conducted numerous workshops and undertaken other initiatives. The Partnership recently helped to establish China's first public interest environmental law firm and a new university legal advocacy center devoted to environmental health and safety issues.

Much of the Partnership's work has been done through grants from the U.S. Agency for International Development. VLS's partners include Sun Yat-sen University Law School, the Center for Legal Assistance to Pollution Victims at the China University of Political Science and Law, the Vermont-based Regulatory Assistance Project, and the China Environment Forum at the Woodrow Wilson International Center for Scholars.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Military Recruiters to be Welcomed Back at Vermont Law School Once “Don’t Ask, Don’t Tell” Repeal is Finalized

Vermont Law School — 03 May 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School, which has denied access to military recruiters for more than 25 years, will notify the U.S. Department of Defense that its recruiters are welcome back on campus once the repeal of the "don't ask, don't tell" law is finalized.

Professor Jackie Gardina.

VLS is one of only two law schools in the nation that prohibit military recruiters on campus because of the "don't ask, don't tell" law, which prevents gay men and lesbians from serving openly in the military--and VLS is the only law school that foregoes some federal funds because of its stance on "don't ask, don't tell."

VLS's nondiscrimination policy, which has remained unchanged since 1985, requires all employers to affirm that they do not discriminate based on protected characteristics, including sexual orientation. VLS's policy reflects no bias against the armed forces as a career for the school's graduates, but it opposes the military's long-standing discrimination in recruitment and discipline on the basis of sexual orientation.

Shields said VLS is eager to have military recruiters back on campus. He noted that many VLS alumni are veterans or currently serving in the Judge Advocate General's Corps. VLS students and JAG recruiters have maintained a strong relationship despite the impediment of having to meet off campus over the years-on average, VLS has the same number of graduates and interns entering JAG as law schools that allow military recruiters on campus nationwide.

Dean Jeff Shields.

"This law school has stood fast to our position of principle, in the face of significant pressure, to insist that the ‘don't ask don't tell' law be repealed," he said. "Many of our trustees, staff, students and faculty, led by Professor Jackie Gardina, have worked hard for repeal of this law. We recognize the importance to the nation of having highly qualified lawyers in the armed services and the value to our students of the professional opportunities that JAG service provides. Our policy reflects our long and strongly held institutional belief that discrimination on the basis of sexual orientation-like discrimination on the basis of race, gender and other prohibited grounds-is an unacceptable practice that weakens national unity and arbitrarily deprives all sectors of our society of the abilities of people of high talent and dedication."

Professor Jackie Gardina added: "Many members of the VLS community, past and present, have contributed to the repeal of this discriminatory law. I am honored to be part of such a community. The federal government, including the military, should be leaders when it comes to equality and nondiscrimination issues. To hold them to a lower standard than private employers would be wrong."

Gardina, a former board member of the Servicemembers Legal Defense Network and the president-elect of the Society of American Law Teachers, called for Defense Secretary Gates to halt all investigations and discharges under "don't ask, don't tell" while the repeal is being finalized.

Vermont Law School has prohibited military recruiters on campus almost continuously since 1985 when the school adopted a nondiscrimination policy for all employers. The policy prohibits employers from using its Career Services Office for recruitment on campus unless they give written assurance that they do not discriminate in hiring on a variety of grounds, including sexual orientation. JAG recruiters have declined to provide that assurance. In 1990, the Association of American Law Schools (AALS) adopted a requirement that member schools deny campus access for recruitment to employers who decline to provide written assurance that they do not discriminate on those grounds. VLS has operated under both its own and the AALS policies since 1990. The "don't act, don't tell" law was enacted in 1993 under the Clinton administration as a compromise to excluding gay men and lesbians entirely from military service.

In 1995, Congress adopted the Solomon Amendment to withhold some federal money from law schools and universities that do not give military recruiters the same access to campus as other employers. In 2000, the Defense Department announced that if any school or department of a university prohibited military recruiters, the entire university would be denied federal funding under the Solomon Amendment. In response, the AALS suspended its nondiscrimination requirement so far as it affected JAG recruiters, but imposed more stringent requirements of Aamelioration@ upon law schools that allow JAG recruiters on campus. Since then, nearly all law schools affiliated with a college or university have bowed to central university pressure and allowed JAG to recruit on campus and have complied with the "amelioration" requirement. VLS, however, as an independent institution, has continued to deny military recruiters access to campus.

VLS has not sought federal appropriations, grants or contracts covered under the Solomon Amendment since 2000. The federal law has made VLS ineligible to receive federal funds from the Departments of Defense, Transportation, Labor, Health and Human Services, Education, and certain related agencies. As a result, VLS has foregone the opportunity to receive an estimated $500,000 a year in federal funds. The school has continued to receive funding from other federal agencies. In 2006, the U.S. Supreme Court upheld the Solomon Amendment, but the VLS faculty, trustees and students have repeatedly reaffirmed the school's nondiscrimination policy and its practice of denying access to military recruiters until the "don't ask, don't tell" law is repealed.

Read a commentary by Professor Gardina--Anatomy of Social Change: Repealing "Don't Ask, Don't Tell"

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802-831-1106, cell: 540-798-7099, jcramer@vermontlaw.edu

Driscoll '11 Wins Ethics Award

Vermont Law School — 03 May 2011 04:00:00 EST

Amy Driscoll '11 recently received a Law Students Ethics Award from the Northeast chapter of the Association of Corporate Counsel.

Vermont Law School's Amy Driscoll '11 (back row, third from left) .

The chapter created the awards program to recognize and encourage the ethical practice of law at the earliest stages of a young lawyer's professional career, and at the same time to shine a spotlight on ethics more generally, demonstrating that the legal community values lawyers who are guided by ethical principles.

The award, which includes a $1,000 scholarship, is given to 11 students, one from each of the participating local law schools, who have demonstrated an early commitment to ethics through their work in a clinical program representing their first real clients.

The Association of Corporate Counsel is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations and other private-sector organizations around the globe.

Week of April 25

Vermont Law School — 02 May 2011 04:00:00 EST

vtdigger.org and the Burlington Free Press reported May 1 on Ben Leoni '11 winning a Burton Award, the highest honor in legal writing in the United States.
Face the Nation host Bob Schieffer and Politico mentioned Vermont Law School on May 1 in farewells to the show's executive producer, Carin Pratt, who is joining her husband, Professor John Echeverria.
The New York Times carried a ClimateWire article on April 29 that included Mark Cooper discussing the profitability of older nuclear power plants. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.
In his Sports Illustrated columns on April 29, April 28 and April 25, Professor Michael McCann discussed the latest developments in the NFL labor dispute.
Wapa TV, El Nuevo Dia, El Reportero Las Vegas, Telemundo Channel 2, Noticel, Puerto Rico Daily Sun and other media reported April 28 on the Environmental and Natural Resources Law Clinic's opposition to a controversial natural gas pipeline proposal in Puerto Rico.
Vermont Public Radio aired a commentary by Assistant Professor Don Kreis on April 28 about food co-ops in Hanover and across Vermont.
Vermont Business Magazine and vtdigger.org ran an op-ed by Professor Cheryl Hanna on April 27 about a U.S. Supreme Court case, Sorrell v. IMS Health Inc., which involves a Vermont law that restricts the use of doctors' prescription records for marketing purposes.
Seven Days talked to Professor Cheryl Hanna on April 27 about Vermont's effort to shut down the Vermont Yankee nuclear plant.
The Burlington Free Press spoke with Professor Cheryl Hanna on April 26 and April 27 about the Sorrell v. IMS Health Inc. case argued before the U.S. Supreme Court. She also talked to WCAX and the Mark Johnson Show on WDEV.
In his Sports Illustrated column on April 26, Professor Michael McCann discussed how the NFL labor dispute could affect the NBA's labor strategy.
The New York Times, NPR, USA Today, Huffington Post, ESPN, Miami Herald and other media nationwide carried an Associated Press story quoting Professor Michael McCann on April 25 discussing an ethics investigation involving an NCAA panel and the Fiesta Bowl.
Professor Pat Parenteau spoke with Brattleboro Reformer and WFCR on April 25 about Vermont's efforts to prevent the Vermont Yankee nuclear plant from operating beyond 2012.
New Hampshire Public Radio had Assistant Professor Don Kreis as a guest April 25 for a discussion of energy schisms from NIMBYism.

VT Law School Students Urge Scrutiny of Controversial Natural Gas Pipeline Proposal

Vermont Law School — 28 Apr 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School's Environmental and Natural Resources Law Clinic (ENRLC) is urging federal authorities to scrutinize a controversial proposed natural gas pipeline in ecologically sensitive areas across Puerto Rico.

The ENRLC is serving as co-counsel in this matter to the Environmental Law Clinics at the Inter American University School of Law and the University of Puerto Rico School of Law, which represent a number of residents and organizations in Puerto Rico who are concerned about the potentially significant impacts of the Via Verde pipeline proposal.

A news conference was held this morning at the Inter American University School of Law in San Juan, Puerto Rico.

VLS officials available to comment are:
• Sheryl Dickey, an assistant professor and ENRLC staff attorney, at 802.831.1626 and sdickey@vermontlaw.edu
• ENRLC Fellow Michelle Walker at 802.831.1624 and mwalker@vermontlaw.edu
• Associate Professor Teresa Clemmer, director of the ENRLC, who attended the news conference, at tclemmer@vermontlaw.edu

The 92-mile pipeline would traverse the island of Puerto Rico, running through rainforests, natural reserves, coastal areas and other sensitive natural areas affecting dozens of endangered or threatened species in one of the most biologically diverse areas in the world. The total project area is about 1,672 acres of land and includes impacts to an estimated 369 acres of waters.

Staff attorneys and student-clinicians at the three clinics submitted a comprehensive letter to the U.S. Army Corps of Engineers asking the Corps to deny the dredge-and-fill permit for the project. The clinics said the applicant, the Puerto Rico Electric Power Authority, has not submitted sufficient information for the Corps to conduct its review under the Clean Water Act. If the Power Authority submits the necessary information, the clinics want the Corps to formally consult the U.S. Fish and Wildlife Service and the National Marine Fisheries Service about the potentially significant impacts on federally listed endangered and threatened species, as required under the Endangered Species Act. The clinics also urged the Corps to prepare an environmental impact statement to fully inform government decision-makers and citizens about the potential consequences of the project, as required under the National Environmental Policy Act.

"The Corps must prepare an environmental impact statement given the high level of uncertainty regarding the totality of environmental impacts associated with the proposed pipeline and the public controversy surrounding the project," the clinics' letter said, adding that the Power Authority should consider other alternatives for reducing Puerto Rico's dependence on oil to produce electricity.

Read the clinics' comment letter to the Corps.

The final, signed version of the letter will soon be available on the ENRLC website.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

U.S. Supreme Court Skeptical About Vermont's Physician Data Mining Law

Vermont Law School — 27 Apr 2011 04:00:00 EST

Vermont Law School Professor Cheryl Hanna, a Constitutional law expert, offers a post-argument analysis of Sorrell v. IMS Health Inc., which was argued before the U.S. Supreme Court on April 26, 2011. Hanna attended the arguments with several students from her Constitutional law class.

A lawyer is only as good as the law that the Legislature hands her, and it was clear after yesterday's U.S. Supreme Court argument in Sorrell v. IMS Health Inc. that Vermont Assistant Attorney General Bridget Asay had a not-so-good law to defend. The state is fortunate to have an assistant attorney general as skilled as Asay. But nothing she could have said or done would likely have saved Vermont's physician data mining law from a near certain death.

At issue was whether a Vermont law that seeks to ban the sale of physician prescription data to drug companies—which use the information to target their marketing to individual doctors in a practice called "detailing"—violates the First Amendment.

Asay was barely a few minutes into her argument when Chief Justice John Roberts challenged the state's motives in passing the law; he later accused Vermont of censorship of commercial speech. His skepticism was followed by Justice Antonin Scalia's downright hostility. He insisted the law was intended to impede drug companies from providing information to doctors, not protecting doctors who could simply refuse to see pharmaceutical representatives.

VLS Constitutional Law students and Vermont Attorney General William Sorrell at the U.S. Supreme Court

Justice Kennedy, often the swing vote in close cases, then accused the state of regulating the use of speech. He asked whether the law would allow the sale of the data for research purposes. Justice Ruth Bader Ginsburg at first seemed open to the state's ability regulate the sale of the information if that was the only commercial use of the data, but she was then frustrated when it appeared that other commercial sales would be permitted.

Even Justice Sonia Sotomayor, who was more sympathetic to Vermont's position that doctors should have some control over the dissemination of their prescription drug patterns, was troubled by the law's provision that allowed doctors to opt-in to the sale of their records. She instead suggested a scheme that mirrored the Do Not Call policy, which allows consumers to opt-out of telemarketing calls, would be more in line with the First Amendment.

Justice Samuel Alito then suggested the Vermont law may have misled the lower court on what transactions could be regulated by the statute. This clearly signaled skepticism not only about the law itself but with the state's representation of what exactly the statute regulated.

The U.S. government, through the Office of the Solicitor General, weighed in on the case in favor of Vermont. Yet Deputy Solicitor General Edwin S. Kneedler had no better luck than Asay in convincing the Court that all the law did was level the playing field between pharmacies and physicians, and that the state was within its power to restrict this information given that prescription drugs are a highly regulated industry.

Thomas Goldstein, a highly regarded attorney who is a frequent advocate before the Court, represented the data mining and drug companies. Goldstein seemed to command the Court, more like a professor steering his students than a lawyer pandering to the justices. He opened by having the justices turn to the red brief, which contained the statute. (All briefs before the Court are color-coded to identify the parties.) Even Justice Clarence Thomas, who often merely sits back and listens to the arguments, followed Goldstein's command, perking up, opening the brief and privately bantering with Justice Stephen Breyer over the law's language. Goldstein had to be content with the predictable "what-if" hypothetical questions posed by Justice Breyer. To Goldstein's credit, his argument was not radical, but he urged the justices to seek some balance between free speech and state regulation. The justices took seriously Goldstein's contention that the law, as written, did not protect doctor privacy, but rather discriminated against the speech of clients who were providing FDA-approved true and accurate information about their drugs to physicians.

Perhaps the most compelling part of his argument was when he directed the Court to read the finding made by the Vermont legislature when passing the law. "My favorite," Goldstein quipped, was the finding that Vermont intended to impact the "marketplace of ideas" because drug companies had more money. (How such a finding ever made it into any legislative record baffles the mind of this Constitutional law professor.) This, Goldstein insisted, the state can not do under the First Amendment.

While it's risky to make conclusive predictions based on oral argument, it is likely that a majority of the Court will vote to strike down Vermont's law. Less clear is whether the holding will be narrow, focusing only on the defects of the Vermont statute or whether the Court will announce a more sweeping decision that could hinder the states from regulating data mining when it truly implicates consumer privacy. Clearly, some justices, including Sotomayor, Breyer and Ginsburg, seemed to appreciate that restricting the use of private, personal information might be appropriate, but disagreement among the justices over whether to draw that line might likely produce a fractured decision.

While the Court could leave room for the Legislature to go back and draw a more narrowly tailored statute that does not impinge upon the free speech rights of corporations, it can't save it from having to pay for its mistakes. If the state loses this case, it is on the hook for attorney's fees paid by the data mining and pharmaceutical companies who brought the case. When the state violates a constitutional right of a litigant, even if that litigant is a corporation, the state has to pay the costs that litigant incurred defending its rights. Given the number of attorneys involved in the case, the extremely high caliber of both local and national counsel and the hours involved in preparing a case for the Supreme Court, a loss will likely cost Vermont taxpayers more than $1 million. But that is the price Vermonters have to pay when the legislature goes out on a limb and passes a law that is intended to be progressive but crosses a constitutional line.

A decision on the merits of this case is expected by the end of June.

Read a transcript of the argument.

VT Law School Student Wins Prestigious National Award

Vermont Law School — 27 Apr 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School student Ben Leoni '11 has been selected by the Burton Awards for Legal Achievement as a winner of the 2011 Distinguished Legal Writing Awards. Leoni is the first VLS student to win the award, which is the highest honor in legal writing in the United States.

The VLS Legal Writing Program nominated Leoni's article, "Resolving Disputes in the Northern Forest: Lessons From the Connecticut and Moosehead Lakes," which was published in the Fall 2010 issue of the Vermont Law Review. The article dealt with environmental dispute resolution among private landowners and other stakeholders in the public land-use debate over logging, development, recreation and conservation in the vast forest stretching across northern New England.

"I'm very surprised and honored by this award," said Leoni, who will practice law at Curtis, Thaxter, Stevens, Broder & Micoleau, LLC in Portland, Maine, after receiving his J.D. degree in May.

Established in 1999, the Burton Awards honor partners in law firms and law school students who use clear, plain and concise language rather than archaic, stilted legalese. This year, 15 student-authors were selected by a committee of professors from Harvard, Penn and Michigan law schools and luminaries from the bench such as former Chief Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit and Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit. Last year's winners came from law schools that included Columbia, Emory, Georgetown, Iowa, Penn and William & Mary. The award winners will be feted at a black tie dinner at the Library of Congress on June 13. The guest speaker will be U.S. Supreme Court Justice Sonia Sotomayor. Supreme Court Justice Stephen Breyer will accept the 2011 Book of the Year in Law Award.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

New Study Finds America Addicted to “Crystal Eth,” Recommends Investment in Other Biofuel Alternatives

Vermont Law School — 26 Apr 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Long heralded as a green alternative to fossil fuel, corn-based ethanol has become a costly distraction that chiefly benefits corporate, political and lobbying interests rather than the American public, the environment, small farmers and rural communities, according to a new report by Vermont Law School's Institute for Energy and the Environment (IEE) and Food & Water Watch, a Washington, D.C.-based nonprofit.

Titled "Crystal Eth: America's Crippling Addiction to Taxpayer-financed Ethanol," the report concludes that corn-based ethanol is unlikely to significantly reduce America's dependence on imported oil, has a negligible ability to reduce greenhouse gas emissions, contributes to environmental degradation in coastal waters and has been an economic boon for agribusiness giants managed in absentia rather than small and medium-size, locally owned farms, farm cooperatives and ethanol refineries.

Read the report.

The report examines the political contributions and lobbying efforts of some of the largest corporate ethanol refiners to garner ever-larger subsidies, and how the growth of corporate consolidation in the corn-based ethanol sector has been an unintended result of America's renewable transportation fuel politics, policies and subsidies. The report estimates that ethanol refiners have received at least $22.8 billion in total government financial support between 1999 and 2008.

The report recommends that:
• Corn-based ethanol subsidies should be phased out completely over the next few years in favor of subsidies to biofuel alternatives that are more efficient, economically feasible and environmentally friendly, such as cellulosic and algae biofuel refiners.
• The renewable fuel standard should be amended to lower the amount of corn-based ethanol qualifying for government quotas.
• Renewable fuel standards should be increased for second- and third-generation biofuels such as cellulosic ethanol and algae-based biodiesel, which should only receive support if they meet sustainability criteria to qualify for subsidies. These could include a net energy gain for cellulosic or other biodiesel fuels, reduced water utilization, limiting the indirect land use impact on food production and eschewing emerging higher-risk technologies such as nanotechnology and synthetic biology.
• Farmers who produce and consume their own biofuels on the farm should be rewarded by an energy tax credit for each gallon of ethanol, biodiesel or vegetable oil that they use instead of fossil fuels.

Congress has mandated that biofuel use must reach 36 billion gallons annually by 2022.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

VLS’s New Sports Law Institute Gives Students Opportunities in Sports, Law and Business

Vermont Law School — 25 Apr 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School has established a Sports Law Institute (SLI) to prepare students for the growing opportunities at the intersection of sports, law and business.

Professor Michael McCann

The SLI is headed by Professor Michael McCann, one of the nation's foremost experts on sports law. He is a legal analyst for Sports Illustrated and editor-in-chief and publisher of the award-winning Sports Law Blog.

The SLI's deputy director is Associate Professor Brian Porto, who has written about legal issues in sports for more than two decades.

The SLI's launching further broadens the curriculum and experiential learning opportunities at VLS, whose environmental law, international law, dispute resolution and other public-service oriented programs are nationally recognized for excellence.

The SLI serves as an educational, research and professional vehicle for exploring connections between law and sports. The institute engages in original research, promotes experiential learning and employment opportunities for VLS students and alumni and connects the VLS community with academic and professional sports law activities. The SLI also provides cutting-edge commentary on some of the biggest controversies in sports law.

Associate Professor Brian Porto

"Sports law has an emerging role in legal education and will continue to gain importance," McCann said. "It encompasses a wide range of legal topics, including antitrust law, labor law, intellectual property/licensing, contracts, commercial law, business law, immigration law, property, torts and criminal law. That breadth makes sports law an excellent device for studying the law. Sports law is also a valuable learning tool because it presents complex legal issues in fact-patterns that students generally find approachable and understandable. Our focus ranges from the ski and snowboard slopes in Vermont to the parks, courts, rinks and fields found in the big leagues and minor leagues all over the country."

More information is available at: www.vermontlaw.edu/sportslaw

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

San Francisco Giants Owner Bill Neukom’s Talk Postponed

Vermont Law School — 25 Apr 2011 04:00:00 EST

SOUTH ROYALTON, VT -- San Francisco Giants owner Bill Neukom's talk on sports, law and business slated for noon, Wednesday, April 27 in Vermont Law School's Chase Community Center has been postponed.

Neukom's schedule changed at the last minute. The media will be notified when a new date has been set for his VLS talk, which will be sponsored by the Sports Law Institute.

Neukom has been the Giants' managing general partner and chief executive officer since 2008. Previously, he was Microsoft's general counsel and the president of the American Bar Association.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Week of April 18

Vermont Law School — 25 Apr 2011 04:00:00 EST

The New York Times quoted Professor Pat Parenteau on April 24 about the avalanche of lawsuits and petitions facing the U.S. Fish and Wildlife Service from environmental groups to add new animals and plants to the endangered species list.
WPTZ talked to Professor Cheryl Hanna on April 24 about a long-running custody dispute between former lesbian partners.
WCAX covered VLS students going door to door on April 23 to promote energy efficiency and distribute free compact fluorescent light bulbs.
WCAX spoke with Professor Cheryl Hanna on April 21 about child pornography laws and prosecutions.
In his Sports Illustrated column on April 21, Professor Michael McCann wrote about the legal fight over operations of the Los Angeles Dodgers. The column was praised by the Los Angeles Times.
The Chronicle of Higher Education talked to Professor Michael McCann on April 20 about whether the NCAA's use of former athletes' images and likenesses infringes upon their rights.
The National Journal talked to Professor Pat Parenteau on April 20 about the stalled efforts to update the nation's major environmental laws and policies.
The New York Times spoke with Professor Pat Parenteau about the escalating battle over the endangered species list on April 19.
Bloomberg News talked to Professor Pat Parenteau on April 19 about American Electric Power v. Connecticut, a case before the U.S. Supreme Court in which coal-fired utilities are being sued for contributing to climate change.
Weekly Gendai (Japan) spoke with Adjunct Professor Peter Bradford on April 19 about Japan's nuclear crisis.
Platts Nuclear Publications spoke with Professor Pat Parenteau on April 19 about Entergy suing Vermont in an effort to prevent the state from shutting down the Vermont Yankee nuclear plant in 2012.
Carl Ponce '97, the Reagan-Fascell Fellow at the National Endowment for Democracy and General Coordinator of the Latin American and Caribbean Network for Democracy, discussed "South-South diplomacy" in an op-ed in the Latin American Herald Tribune on April 19.
Dow Jones Newswires, (whose story ran in The Wall Street Journal, SmartMoney and other news outlets), Christian Science Monitor, Boston Globe, Vermont Public Radio, WAMU, Burlington Free Press, Rutland Herald and Montpelier Times Argus spoke with Professor Michael Dworkin on April 18-19 about Entergy's lawsuit to try to keep the Vermont Yankee nuclear plant open.
Vermont Public Radio talked to Professor Pat Parenteau on April 18 about Entergy's legal bid to prevent Vermont from closing Vermont Yankee in 2012.
vtdigger.org talked to Tom Emero '90 on April 18 about his company's proposal for a biomass power plant in Vermont.

Vermont Free Speech Case Before U.S. Supreme Court: VT Law School Expert Available to Comment

Vermont Law School — 21 Apr 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School Professor Cheryl Hanna is available to comment on Sorrell v. IMS Health, Inc., a free speech case from Vermont that will be argued before the U.S. Supreme Court on Tuesday, April 26. Hanna, a Constitutional law expert, and 10 students from her Constitutional Law class will travel to Washington, D.C., to attend the arguments.

"The question before the Court is whether Vermont can require market research firms, or ‘data miners,' to get doctors' permission before selling their prescribing history to drug companies," Hanna said. "Drug companies use this information to tailor their marketing efforts to individual doctors. This practice is called ‘detailing.' This case is extremely important as it pits the privacy interests we all have in protecting the commercial use of our personal information against the free speech rights of companies to provide accurate and non-misleading information to consumers. In recent cases, including Citizens United and Westboro Baptist Church, the Court has preferred free speech to government regulation. Vermont's law is one of many nationwide that has attempted to restrict the use of data mining. What happens in IMS Health will have significant implications for free speech rights for corporations and data mining companies as well as for consumers."

Hanna's Constitutional Law class has used Sorrell v. IMS Health to study the commercial speech doctrine and to work with the Vermont Attorney General to host a moot court of the case at Vermont Law School.

Hanna can be reached at 802.233.8818 (cell) and channa@vermontlaw.edu

Read more about Sorrell v. IMS Health.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Silverman '12 Featured in Albert Schweitzer Fellowship Blog

Vermont Law School — 21 Apr 2011 04:00:00 EST

Vermont Law School student Allie Silverman '12, a Schweitzer Fellow, is featured in the Albert Schweitzer Fellowship's blog for her work to promote energy efficiency. She led the Energy Efficiency Day of Action in South Royalton on April 23, 2011, to exchange less efficient incandescent light bulbs for compact fluorescent light bulbs and to make affordable and low-income housing more energy efficient.

When Taxes Are Good for Us

Vermont Law School — 19 Apr 2011 04:00:00 EST

The following op-ed by Vermont Law School Professor Oliver Goodenough appeared in The Huffington Post on April 15, 2011:

The government's near miss with a shutdown last week and the follow-up speech by President Obama are the latest episodes in our public conversation about the proper role of government and taxes. As currently framed, this conversation is badly, and improperly, skewed towards the negative. It has somehow become an unspoken "given" that taxes are always bad for you. Government, as the source of taxes, is therefore a bad thing as well.

Liberals at least assume that they are necessary evils -- but still avoid using the "t" word whenever possible. Our most libertarian conservatives seem to think that we could do very well without government and taxes at all. Their position is often: "we always have something better we can do with our own money, thank you." Both the strong and weak anti-tax positions are mistakes when taken to this extreme. There are many instances where paying taxes to an active government is positively good for us. Yes, good for us. And with the threat of a shutdown behind us and our extended April 18 tax day in front of us, it is a good time for us to make that truth a part of the conversation once again.

It has long been understood by economists that there are goods and services that can be most effectively paid for through some kind of pooled -- and compulsory -- mechanism. We typically call these items "public goods" and the mechanism "government" and "taxes". The "free rider" problem makes collective defense a particularly good candidate for the government and tax model of finance.

Fighting off external enemies and keeping our domestic criminals at bay benefits everyone in society. A voluntary model of paying for an army or the police will unravel as people realize that they will get the benefits of protection whether or not they contribute to the cost. Contributions quickly dry up as those who would otherwise be willing to do their part feel like chumps as they watch their friends and neighbors staying safe while skipping the bill. The only assured way to buy an army is for the members of the group to band together and to make mutually enforceable commitments to contribute to the cost. Sound familiar? Of course, these are government and taxes, at your service.

Taxes, in this case, are not an evil, not a drag on society, but are instead a wonderful purchasing opportunity, providing the most practical way to buy extremely desirable goods: peace and security. While there is always room for improvement in how these are delivered, here in the United States, we should all give thanks for having the chance to buy these essentials through a relatively competent system of Federal, State, and local governments. If you need encouragement to be thankful, consider the fate of people in parts of the world where governments do this badly, or where there is no effective government at all. Want to avoid taxes completely? Willing to live in Somalia? I don't think so.

So, let's stop pretending that taxation and government are necessarily bad things. They can be, of course, when they outrun the desires of a citizenry or unnecessarily constrain growth. But as a country becomes more prosperous, and is able to move its goals for consumption beyond short-term, survival-based concerns, public goods often make up a significant proportion of what people decide they want to devote a portion of their rising income to purchasing. In terms of individual citizen satisfaction, we can just as easily miss the mark by under-consuming public goods as by over-consuming them. Sweden devotes a high level of its income to purchases in the public basket, and it generally ranks higher than the US in "happiness surveys" and in health outcomes. And its system still produces sound economic growth. The Swedish choices probably don't fully fit American values and expectations, but their apparent success ought at least to make us ask some wider questions.

Instead of basing our strategy on cutting alone, we should figure out -- and then implement -- better answers to some key questions about how and when we put taxation and government to work on the mix of goods and services that we Americans want. A grown-up conversation should ask:

•Which goods and services would we like, as a society, to buy through a mandatory public buying club, and which ones do we want to buy as individuals? Where do "entitlement" items like old-age protections and health care fall in this mix?

•How many of these desirable items do we want to afford, and at what level, particularly in balance with our desires to reserve the proper amount for our purchase of private goods?

•How do we want to apportion our assessment for these purchases among society's members (i.e. who gets taxed, on what, and at what rates)?

•Which items on the collective purchase list should be supplied through government, and which should just be paid for through government?

Asking these questions is certainly easier than solving them, but as the saying goes, a problem well stated is a problem half solved. The dominant role that cuts in services and taxes have in our current rhetoric states only a part of the problem. As we face the challenge of resolving our debates over government size, scope, and finance, an honest dialog, which appreciates the benefits of taxation as well as its burdens, will lead us to better solutions -- ones that might even include extending our pool of government purchase responsibilities. And, if that is what we really want, then the taxes that go with them will be an opportunity, and not a burden.

Gulf Oil Spill Legacy: VT Law School Experts Available to Comment

Vermont Law School — 19 Apr 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School has several faculty experts available to comment on the legal and regulatory legacy of the Deepwater Horizon disaster in the Gulf of Mexico a year after the largest oil spill in U.S. history.

Scientists are still assessing the blowout's ecological damage in the wake of the April 20, 2010, spill, which dumped nearly five million barrels of oil and nearly two million gallons of dispersants into the gulf. Drilling in the gulf was temporarily suspended and the U.S. Justice Department is considering penalties against BP, but the company is seeking permission to resume drilling and Congress is considering opening new offshore areas to oil and gas exploration. President Obama has called for both stricter offshore safety rules and increased domestic oil production.

VLS experts include:

• Associate Professor Betsy Baker, law of the sea, oceans and energy: 802-831-1270, bbaker@vermontlaw.edu
• Associate Professor Martha Judy, environmental liability, natural resources damages and wildlife: 802-831-1345, mjudy@vermontlaw.edu
• Professor Michael Dworkin, director of the VLS Institute for Energy and the Environment, 802-831-1319, mdworkin@vermontlaw.edu
• Professor Mark Latham, Clean Water Act, corporations, environmental enforcement and regulation, 802-831-1226, mlatham@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

AEP v. Connecticut: VT Law School Experts Available to Comment

Vermont Law School — 19 Apr 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School has several faculty experts available to comment on the implications of American Electric Power v. Connecticut, which will be argued before the U.S. Supreme Court on Tuesday, April 19.

The Court will hear arguments in an appeal of a 2009 decision by the U.S. Court of Appeals for the Second Circuit that allowed several states and environmental groups to sue coal-fired electric utilities on the grounds that their emissions were creating a public nuisance by contributing to global warming. The case, which was originally brought in 2004, is one of three around the country trying to use common law to force industries to reduce greenhouse gas emissions.

VLS faculty with climate change expertise who are available to comment include:

• Professor Patrick Parenteau: 802-831-1305, pparenteau@vermontlaw.edu
• Professor John Echeverria: 802-831-1386, jecheverria@vermontlaw.edu
• Associate Professor Martha Judy: 802-831-1345, mjudy@vermontlaw.edu

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Vermont Yankee Files Suit to Stay Open: VT Law School Experts Available to Comment

Vermont Law School — 18 Apr 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School has several experts available to comment on Entergy's lawsuit filed this morning seeking to prevent the state of Vermont from shutting down the Vermont Yankee nuclear power plant on March 21, 2012.

Entergy's request today for declaratory and injunctive relief in U.S. District Court in Vermont follows the federal Nuclear Regulatory Commission's renewal on March 21 of Vermont Yankee's operating license through March 21, 2032. The lawsuit is available on Entergy's website at www.entergy.com.

• Professor Michael Dworkin, director of the VLS Institute for Energy and the Environment and former chairman of the Vermont Public Service Board: 802-831-1319, mdworkin@vermontlaw.edu
• Professor Patrick Parenteau, former director of the VLS Environmental Law Center and the Environmental and Natural Resources Law Clinic, whose expertise includes environmental policy and litigation: 802-831-1305, pparenteau@vermontlaw.edu
• Adjunct Professor Peter Bradford, former member of the U.S. Nuclear Regulatory Commission: 802-824-4296, perubrad@aol.com

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

CFL’s to Be Distributed Free During Energy Efficiency Day of Action

Vermont Law School — 18 Apr 2011 04:00:00 EST

SOUTH ROYALTON, VT --Vermont Law School students, faculty and staff will go door to door on Saturday, April 23, to exchange less efficient incandescent light bulbs for compact fluorescent light bulbs during an Energy Efficiency Day of Action in the South Royalton area. The CFL's will be given out free.

Team members will meet at 10 a.m. in Oakes Hall Classroom 107. The media are welcome to accompany them. More information is available from Allie Silverman '12, who is spearheading the project as part of her Schweitzer Fellowship, at asilverman@vermontlaw.edu

The project's goal is to help homeowners and tenants save energy, cut utility bills and reduce pollution and to strengthen VLS's relationship with the local community. CFL's use 75 percent to 80 percent less electricity than incandescent bulbs and last 10 to 13 times longer. Homeowners and tenants will be asked to fill out a short questionnaire to determine their average energy use and other information. Using GPS, the VLS teams will collect data points for the location of each home, the number of residents and light bulb sockets, average energy use, number and type of appliances, and any energy efficiency work done on the home. Follow-up visits will be conducted within the year to determine the effectiveness of the effort.

VLS's partners in the project include the Environmental Protection Agency, Efficiency Vermont, COVER Home Repair, Dartmouth Energy Collaborative, local churches and others. The event is being held in memory of Blair Hamilton of Burlington, who received an honorary law degree from VLS in 2010 for his commitment to environmental and social justice. Hamilton, who died April 8, was an international leader in energy efficiency research, policy, design and implementation.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802-831-1106, cell: 540-798-7099, jcramer@vermontlaw.edu

Week of April 11

Vermont Law School — 18 Apr 2011 04:00:00 EST

The Washington Post and many other news outlets across the U.S. and Canada ran an Associated Press story April 17 quoting Professor Pat Parenteau on Congressional intervention in the battle over protecting gray wolves in the Northern Rockies.
The New Haven Register (Conn.) talked to Professor John Echeverria on April 16 about American Electric Power v. Connecticut, a case before the U.S. Supreme Court in which coal-fired utilities are being sued for contributing to climate change.
The National Journal spoke with Professor Pat Parenteau on April 16 about Congress' failure to pass or overhaul any major environmental legislation since the 1990s.
In an April 16 story carried by CBS News, ABC News, New York Post, Denver Post and other media nationwide, the Associated Press spoke with Professor Michael McCann about whether home run king Barry Bonds will appeal his conviction for obstruction of justice.
The Huffington Post carried an April 15 op-ed by Professor Oliver Goodenough about the benefits of paying taxes.
Mother Jones talked to Professor Pat Parenteau on April 15 about a clash between tribes and solar energy developers in the West.
In an April 14 story carried by The New York Times, International Herald Tribune, Huffington Post and hundreds of other news outlets nationwide, the Associated Press talked to Professor Pat Parenteau about Congress intervening in the fight over protecting gray wolves in the Northern Rockies.
Treehugger.com, one of nation's most prominent green blogs, favorably reviewed Professor Jason Czarnezki's new book, "Everyday Environmentalism: Law, Nature, and Individual Behavior," on April 14.
Legal Talk Network spoke with Professor Michael McCann on April 14 about the NFL labor dispute.
In an April 14 story carried by CBS Sports, Huffington Post, South China Morning Post and hundreds of other media outlets, the Associated Press spoke with Professor Michael McCann about whether prosecutors will refile charges against Barry Bonds. His SI.com column was cited by Sports Journalism Today.
In his April 13 commentary in Sports Illustrated, Professor Michael McCann discussed the verdict in the perjury trial of Barry Bonds. He also talked to the Dan Patrick Show, CBS Radio Baltimore, Fox Sports Radio, NPR Los Angeles affiliate KPCC, Sirius MLB Network, Sirius Mad Dog Network, Sporting News Radio, WNST Baltimore and ESPN Radio Denver.
The National Journal Daily spoke with Professor Pat Parenteau on April 13 about Republican efforts to restrict the EPA's ability to regulate greenhouse gas emissions.
Powder Magazine included Ben Leoni '11 in an April 13 article and photos about skiing in New England.
In a commentary on Vermont Public Radio on April 12, Dean Jeff Shields discussed Vermont's proposal for a single-payer health care system.
WCAX talked to Professor Jason Czarnezki on April 11 about his new book, "Everyday Environmentalism: Law, Nature, and Individual Behavior."

VT Law School Students Push for Citizen Participation in Environmental Enforcement in Vermont

Vermont Law School — 15 Apr 2011 04:00:00 EST

SOUTH ROYALTON, VT -- If the Vermont Senate passes a bill this session to allow public participation in state environmental enforcement actions, it will culminate years of diligence by student clinicians in Vermont Law School's Environmental and Natural Resources Law Clinic (ENRLC).

The bill, which the Vermont House passed Wednesday by a 109-25 vote, would allow residents who have been directly affected by pollution, as well as the general public, to comment on enforcement penalties and corrective actions for people or businesses that violate environmental laws. Penalties and corrective actions are currently set by the Vermont Agency of Natural Resources (ANR) without public participation, often in agreements negotiated with the polluters.

The public participation bill resulted largely from a Clean Water Act petition that the ENRLC filed on behalf of the Conservation Law Foundation (CLF) on Aug. 14, 2008. The petition asked the U.S. Environmental Protection Agency to either require Vermont to bring its clean water program into compliance with federal requirements or to take back the program, which was delegated to the state in 1974. A major piece of the petition centered on Vermont's failure to provide adequate public participation in environmental enforcement actions, which has also been recognized by both the EPA and the Vermont Environmental Court.

ENRLC students and attorneys worked for eight months to prepare the petition-reviewing thousands of pages of documents from state and federal agencies, researching the underlying law and pulling them together into a compelling, 61-page document. The ENRLC made numerous subsequent filings on behalf of the CLF with updated evidence and recommendations for corrective action that the state could take. ENRLC students and attorneys attended several meetings with officials from EPA Region 1 and the ANR in an effort to make progress on the petition. The petition is still pending with the EPA.

As counsel for the CLF, the ENRLC participated in negotiations with the EPA and ANR that led to the version of the bill as introduced and guided the ANR's proposed changes to the bill during the committee process, thus ensuring that the changes agreed with Clean Water Act requirements. The current bill provides for both notice and comment on settlements and citizen intervention in some circumstances.

"Public participation is extremely important because it helps ensure that citizens of the state have input into whether their natural resources are being adequately protected," said Laura Murphy, a staff attorney and assistant professor at the ENRLC.

Read the petition and subsequent filings.

ENRLC members who contributed to the petition are Laura Murphy, the supervising attorney on the petition, and student clinicians Emily Stark, Rebecca Turner, Meghan Clark, Jane Kim, John Meyer, Ross Elwyn, Craig Sparks, Graham Zorn, Paul Ballenger, Tracy Wyeth, Evan Belser, Quincy Hansell, Siobhan McIntyre, Shahin Milani, Leslie Welts, Megan Dickie and Toby Dachman.

The ENRLC's student clinicians put their legal training to work in real-world cases and projects. By providing free legal representation to community groups and public interest organizations, student clinicians learn to become competent, ethical attorneys in environmental and natural resources law. They not only receive great training but make a real difference in the world by taking action to protect public health and conserve natural resources for the benefit of present and future generations.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Anatomy of Social Change: Repealing "Don't Ask, Don't Tell"

Vermont Law School — 13 Apr 2011 04:00:00 EST

The following op-ed by Vermont Law School Professor Jackie Gardina appeared in vtdigger.org on May 5, 2011:

In December, Congress approved and President Obama signed into law the "Don't Ask Don't Tell Repeal Act of 2010." The Act defines the process for finally removing from the United States Code the only federal law that affirmatively discriminates based on sexual orientation. It was an historic moment, made even more so by the fact that just weeks earlier repeal had been declared dead. Through my work with Servicemembers Legal Defense Network (SLDN), I, along with many others in the Vermont Law School community, participated in repeal efforts and witnessed the amazing events that led to repeal.

Before I served on the SLDN Board, I never truly appreciated what was required to create social change. I had listened to debates about strategy in social movements. In any movement, activists disagree on how to achieve a common goal. Is it best to pursue the movement's goals through impact litigation or through the legislative process, albeit at a slower pace? Is it better to accept incremental change or to hold out for the movement's full goals? Is it better to operate within the system, playing by well-established rules, or to achieve change through acts of civil disobedience and protest? When it came to the repeal of the "don't ask, don't tell" law, I discovered that the answer to each of these questions was "yes."

The repeal movement encompassed a broad range of strategies, each instrumental in the outcome. The success of the legislative strategy is the most obvious. Proponents of repeal were persistent in their efforts to remove "don't ask, don't tell" from the books. For six years, groups of 20 to 40 VLS students, faculty and staff travelled to Washington, D.C., to participate in a national lobby day. We joined hundreds of veterans and civilians and visited every office on Capitol Hill, speaking about the necessity of repeal with legislative aides, military liaisons and sometimes senators and representatives themselves.

But the legislative efforts did not occur in a vacuum. The foundation of the eventual legislative success was laid through the courts, through the push for incremental adjustments to implementation, and though civil disobedience and the media attention it brought to the issue.

The effect Judge Phillip's decision in Log Cabin Republicans v. Gates cannot be overestimated. In 2004, a year before the first bill to repeal "don't ask, don't tell" was introduced into Congress, the Log Cabin Republicans filed a suit in a California federal district court arguing that the law was unconstitutional on its face. Through a series of delays, including the retirement of the original judge assigned to the case, Judge Virginia Phillips did not declare "don't ask, don't tell" unconstitutional until the fall 2010. The six-year delay was fortuitous because it allowed Judge Phillips to rely on a 2008 Ninth Circuit case, Witt v. Air Force, that applied a heightened level of scrutiny to another "don't ask, don't tell" challenge. While the ruling was momentous, the remedy was even more so. She issued a world-wide moratorium on the implementation of "don't ask, don't tell" that lasted for eight days. While the moratorium was lifted by the Ninth Circuit, Secretary of Defense Robert Gates used the specter of court-ordered repeal of the law to spur Congress into action.

Proponents of repeal were also working behind the scenes to effect change through regulatory amendments. On behalf of SLDN, Dustin Brucher, who graduated from VLS in 2010, and I examined the scope of executive power and combed through the Department of Defense's implementing regulations to identify possible amendments that would at least soften the impact of "don't ask, don't tell." Based on our efforts, SLDN submitted a "Transition Paper" to President Obama after the election. In February 2010, Secretary Gates introduced new regulations intended to implement the law "more humanely." The changes closely tracked our recommendations. While short of repeal, the changes made it more difficult for the armed forces to investigate and discharge a gay or lesbian service member. They also allowed the Department of Defense to begin the slow transition to full repeal.

When it appeared that repeal efforts were moving too slowly or stalled, some service members decided to work outside the system. Five veterans and former service members chained themselves to the White House fence, some of them in uniform. When President Obama spoke, GetEqual, an LGBT rights organization, sent protesters to ask - sometimes shouting over the President's speech - when repeal was going to occur. While not everyone involved in repeal efforts agreed with their activities (I know several veterans who were troubled that the service members wore their uniforms when protesting), the media covered the events and "don't ask, don't tell" remained in the news.

The last chapter of this story hasn't been written yet. The "Don't Ask Don't Tell Repeal Act of 2010" did not actually repeal the law; it simply provided a process for doing so. As a result, the Ninth Circuit refused the government's request to dismiss the pending appeal in Log Cabin Republicans v. Gates as moot. Nonetheless, we appear on the brink of ending this discriminatory practice. Would we be here if there hadn't been litigants willing to bring challenges to the law in the courts; if there hadn't been efforts to push for incremental change; if there hadn't been consistent pressure placed on Congress; if there hadn't been vocal activist willing to work outside the system? I doubt it. Social change requires multi-dimensional strategies, good timing, and quite, honestly, a little luck.

Jackie Gardina is a professor at Vermont Law School, where her specialties include sexual orientation and gender identity issues. VLS is one of two law schools in the nation that deny campus access to military recruiters because the "don't ask, don't tell" law conflicts with their non-discrimination policies. VLS plans to notify the Department of Defense that military recruiters are welcome back on campus once the law's repeal is finalized.

Dean Shields Explores Single-Payer Health Care Proposal on Vermont Public Radio

Vermont Law School — 13 Apr 2011 04:00:00 EST

In an April 12 commentary on VPR, President, Dean and Professor Jeff Shields discussed the implications for Vermont residents of a single-payer health care system being considered by the governor and Legislature. Shields' expertise includes health care law and financing.

Listen to Shields' commentary. Related link: VPR's Vital Signs series.

Week of April 4

Vermont Law School — 11 Apr 2011 04:00:00 EST

Dean Jeff Shields looked at the latest Census patterns in the Upper Valley in Vermont and New Hampshire in a letter to the editor in the Valley News on April 10.
BusinessGreen cited Mark Cooper's research into the costs of nuclear power in an April 10 story. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.
In an op-ed in Sentidos Comunes (a Chilean online magazine) on April 10, Alejandro Hernández González '13 discussed the start of campaigning for the 2012 U.S. elections and possible repercussions of a Republican presidential win on America's foreign policy toward Latin America.
The Cincinnati Enquirer spoke with Professor Michael McCann on April 9 about the prospects for all-time hits leader Pete Rose getting into the baseball Hall of Fame.
An Associated Press story April 8 about the Law Students for Reproductive Justice's vigil against violence was carried by the Boston Globe and other media.
In his Sports Illustrated column on April 6 and a CBS Radio Baltimore interview April 7, Professor Michael McCann discussed home run king Barry Bonds' perjury trial.
Professor Pat Parenteau talked to the Brattleboro Reformer on April 6 and April 8 about the looming federal-state showdown over the Vermont Yankee nuclear plant.
Carl Ponce '97 discussed the political realities in Peru and Nicaragua in an op-ed in the Latin American Herald Tribune on April 6.
The Huffington Post talked to Professor Pat Parenteau on April 4 about stalled efforts to improve mine safety laws one year after the accident at the Upper Big Branch mine in West Virgina.
The Los Angeles Times discussed legal issues surrounding the Dodgers' owners with Professor Michael McCann on April 4. The story was picked up by a number of news outlets nationwide.
In an interview with CNN on April 5 and in his Sports Illustrated column on April 4, Professor Michael McCann discussed the NFL labor dispute.
The Associated Press spoke withProfessor Michael McCann on April 4 about Barry Bonds' perjury trial. The story was carried by Forbes and more than 165 other news outlets nationwide.
The Brattleboro Reformer reported April 4 on the Environmental and Natural Resources Law Clinic's effort to get state officials to review Vermont Yankee's water discharge permit.

Quest for Rule of Law Motivates Arab Uprisings, Says Former New York Times Bureau Chief

Vermont Law School — 07 Apr 2011 04:00:00 EST

The uprisings across North Africa and the Middle East have put many autocratic Arab governments in the unusual position of fearing their people rather than instilling fear in them, a former New York Times foreign bureau chief told a Vermont Law School audience on April 6.

Protest movements in Egypt, Libya, Tunisia, Syria, Yemen, Bahrain, Tunisia and other Arab nations "have opened a Pandora's box of dreams" for millions of people fed up with government oppression, said Christopher Wren, who reported from around the world for nearly 30 years for the Times. "They may be sleeping in different beds, but they're dreaming the same dreams."

Wren, whose talk was titled "Rule of Law and the Arab Revolt: A Journalist's Perspective" said those dreams are based on a desire for dignity, jobs, democratic reform and an end to corruption. "These spontaneous uprisings have been prompted by popular demands for free elections, fair employment, term limits for rulers, the dismantling of institutional corruption and the ousting of brutal officials," he said. "Such reforms would hardly ruffle the West, but they are toppling Arab regimes and recasting the face of the Middle East and North Africa."

Wren was the Times' bureau chief in Cairo from 1977 to 1980. He also headed the Times' bureaus in Moscow, Beijing, Ottawa and Johannesburg and later covered the United Nations. He reported from throughout the former Soviet Union, Eastern Europe, the Balkans, the Middle East, China, Africa, South America and Canada.

Wren, who last visited Egypt six months ago, cited technology's role in the Arab uprisings. He said the Al-Jezeera TV network's reporting and protestors' Twitter and Facebook postings and cell phone videos gave instant communication for the world to witness.

How the uprisings will play out remains uncertain, but Wren said Arab youth, who make up a growing percentage of the population in the Middle East and North Africa, likely will no longer accept authoritarian rule. "They are motivated neither by Islamist or Marxist ideologies, but by aspiration for the rule of law they see in the West," he said "Yet the triumph of rule of law is far from assured."

Wren is on the advisory board of VLS's International and Comparative Law Programs and his son, Christopher Wren '99, is a litigator in New York.

VT Law Students to Hold Vigil Against Violence

Vermont Law School — 07 Apr 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Vermont Law School will host its annual Take Back the Night candlelight vigil at 7:30 p.m., Thursday, April 14 on the South Royalton town green. The event, which is sponsored by Law Students for Reproductive Justice, is free and open to the public.

The event is intended to recognize the prevalence of sexual and community assault, remember survivors and victims, break the silence and eradicate violence.

Take Back the Night events started in Europe in 1976 and have continued throughout the world as a sign of empowerment for women, men and children. Survivors and their advocates are encouraged to attend to speak out about sexual violence. Anonymously submitted comments will also be read aloud at the vigil by a member of Law Students for Reproductive Justice.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Week of March 28

Vermont Law School — 04 Apr 2011 04:00:00 EST

The Associated Press talked to Professor Michael McCann on April 3 about the perjury trial of home run king Barry Bonds. The story was carried by The Washington Post, Huffington Post and more than 225 other news outlets nationwide.
The Tennessean discussed the potential for an NFL lockout on April 3 with Professor Michael McCann, who also discussed the NFL's labor situation and the Barry Bonds trial with WNST Baltimore Sports Radio.
The Charleston Gazette (W.Va.) spoke with Professor Pat Parenteau on April 2 about how coal giant Massey Energy has mostly avoided serious punishment despite years of environmental problems and mining deaths.
WCAX reported April 2 on a single-payer community health care forum sponsored by the VLS chapter of the National Lawyers Guild.
Professor Cheryl Hanna spoke with WPTZ on April 1 about a first-degree murder case in which the weapon involved has gone missing.
In his Sports Illustrated column March 31, Professor Michael McCann analyzed the Barry Bonds trial.
The New York Times and more than 40 other news outlets in the United States, United Kingdom, China and India carried a Reuters story on March 31 that included Adjunct Professor Peter Bradford and Energy Institute Senior Fellow Mark Cooper discussing investment in U.S. nuclear power.
Politico reported March 31 on Christopher Berendt '05 joining Drinker Biddle & Reath's environment and energy practice group.
The Randolph Herald reported March 31 on Jessica Wilkerson '12 receiving the Erin Woolley Memorial Scholarship and a delegation of Russian lawyers visiting the South Royalton Legal Clinic.
Kevin Jones, VLS's smart grid project leader, discussed Vermont's energy plans with WCAX on March 30.
Professor Cheryl Hanna spoke March 30 with Seven Days about whether accused murderer Michael Jacques can get a fair trial in Vermont.
USA Today talked to Professor Michael McCann on March 29 about calls for NCAA athletes to receive a share of the revenue generated by their sports. The story ran in The Tennessean and other Gannett news outlets nationwide.
In a Vermont Public Radio commentary on March 29, Assistant Professor Don Kreis discussed Vermont's architecture of the past, present and future.
The New York Times and the Associated Press, whose story ran nationwide, spoke with Professor Michael McCann on March 29 about the Barry Bonds trial.
FRONTLINE discussed the economics of the NCAA's "March Madness" annual tournament with Professor Michael McCann on March 29, a story than was cited by ESPN.
Sports Illustrated/CNN Video talked to Professor Michael McCann on March 29 about how a new lawsuit brought by former NFL players will affect the current NFL labor situation.
The Missoulian (Montana) spoke with Professor Jack Tuholske on March 28 about grassroots efforts to change local laws on utilities and corporate activities.
Mark Cooper, senior research fellow for economic analysis at the Institute for Energy and the Environment, talked to the Cedar Rapids Gazette and ABC News affiliate KCRG (Iowa) on March 28 about the costs of a proposed new nuclear power plant in Iowa.
In a story carried by several Canadian media outlets, the Vancouver Sun cited Mark Cooper's research into the costs of new nuclear power plants on March 28.
USA Today spoke with Professor Michael McCann on March 28 about the Barry Bonds trial. The story ran in Gannett news outlets nationwide.
Professor Oliver Goodenough talked to WCAX on March 28 about calls to ban some controversial apps from smart phones and computer tablets.

Ocean Conference Explores Multiple Uses of Marine Resources

Vermont Law School — 01 Apr 2011 04:00:00 EST

Once considered limitless-by ancient mariners and modern industrialists alike-the oceans' natural resources face growing pressures that can only be reconciled by a comprehensive use plan that balances conservation, energy development, fishing and other demands.

That was the word at an April 1 conference at Vermont Law School titled "Coastal and Marine Spatial Planning: The Intersection between Energy, CMSP, and Our Future Needs." Attendees spent the day discussing ways to strengthen international ocean regulations and protect marine ecosystems, while exploring offshore energy resources.

The conference was part of VLS's growing commitment to students and faculty who are interested in marine law, policy and stewardship. In his opening remarks, Professor Kinvin Wroth, whose specialties include marine environmental law, praised the VLS students who organized the conference, which drew leading ocean experts from across the nation. "Today's conference is an auspicious start to what I hope is an ambitious" expansion of ocean law course offerings and other initiatives at VLS, he said.

The VLS conference's first speaker, Emily Merolli '06 gave an overview of CMSP, which is "a comprehensive, adaptive, integrated, ecosystem-based and transparent spatial planning process, based on sound science, for analyzing current and anticipated uses of ocean, coastal, and Great Lakes areas." Coastal and marine spatial planning identifies areas most suitable for various types or classes of activities in order to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses and preserve critical ecosystem services to meet economic, environmental, security and social objectives.

The oceans' competing-and often conflicting-uses include species and ecosystem protection, commercial and recreational fishing, tourism and other recreation, shipping, fossil fuel and renewable energy development, military training and aquaculture, Merolli said. Many marine uses occur near the coasts, where much of the world's human population and major cities are located, she added.

VLS Associate Professor Betsy Baker discussed the need to adopt CMSP and the Arctic Offshore Oil and Gas Guidelines because of growing pressure for hydrocarbon development in the Arctic. Melting sea ice in the Arctic is opening new areas to drilling, shipping, military operations and other uses in the fragile ecosystem. Baker is an expert in Arctic law and policy and a senior fellow for Oceans and Energy at VLS's Institute for Energy and the Environment.

The conference's first panel focused on offshore energy and how it fits into CMSP, including implications of the BP Deepwater Horizon oil spill in April 2010. The keynote speaker, Meg Caldwell, director of the Environmental and Natural Resources Law & Policy Program at Stanford Law School, discussed CMSP as a tool to minimize human-use conflicts in the ocean and how CMSP will be used to protect our marine resources and coastal communities. The conference's second panel focused on the national framework for coastal and marine spatial planning.

The conference was sponsored by VLS's Ocean and Coastal Law Committee, Environmental Law Society, Environmental Law Center and Office for Student Affairs and Diversity. The conference planning committee included Keisha Sedlacek, Lisa Campion, Shannon Eckmeyer, Megan Fowler, Jaffer Khimani, Sarah Mooney, Brian Navarrete and Emily Rochte.

National Sports Media Turn to Prof. McCann for Insight

Vermont Law School — 30 Mar 2011 04:00:00 EST

The national media are increasingly turning to Professor Michael McCann for his insight into major sports issues, including the perjury trial of home run king Barry Bonds, the prospect of big-time college athletes getting paid, and the NFL's legal challenges. On one recent day, March 30, McCann spoke with The New York Times, USA Today, FRONTLINE and Sports Illustrated/CNN.

New York Times: Players Detail Dealings With Bonds's Trainer

USA Today: NCAA president: Time to discuss players getting sliver of revenue pie

FRONTLINE: Money & March Madness

Sports Illustrated/CNN Video: New Lawsuit Causes More Trouble for NFL

McCann, one of the nation's foremost experts on sports law, is director of the VLS Sports Law Institute. He also is a legal analyst for Sports Illustrated and a columnist for SI/CNN.com.

VLS Unveils Fifth White Paper on Arctic Oil and Gas Development

Vermont Law School — 30 Mar 2011 04:00:00 EST

SOUTH ROYALTON, VT -- As the Arctic warms and pressure grows to exploit seabed natural resources at the top of the world, Vermont Law School's Institute for Energy and the Environment (IEE) has released the fifth installment in its White Paper series titled "Implementing the Arctic Offshore Oil and Gas Guidelines." The fifth paper was commissioned by the Inuit Circumpolar Council (ICC) for presentation at the Inuit Leaders' Summit on Resource Development in Ottawa in February.

The White Paper series was launched last fall with a study of U.S. and Canadian laws and regulations at the time of the Gulf of Mexico Deepwater Horizon oil spill in April 2010, and suggests how both countries can use the Arctic Guidelines to more effectively regulate offshore hydrocarbon development in the western Arctic. Based on that study, the ICC approached VLS Associate Professor Betsy Baker to prepare a similar study for Greenland and the Russian Federation. The latest White Paper examines the offshore regulatory regimes in those countries, which are facing increased interest in their potentially hydrocarbon-rich Arctic offshore areas.

Baker, an expert in Arctic law and policy and a senior fellow for Oceans and Energy at IEE, was one of a handful of outside experts invited to Ottawa to speak to Inuit leaders from around the North as they sought common ground for the best approach to resource development.

The Arctic Offshore Oil and Gas Guidelines are a non-binding set of recommendations and practices prepared by the Protection of the Marine Environment working group of the Arctic Council. The Arctic Council was established in 1996 as an intergovernmental forum to promote cooperation among the eight Arctic States and Arctic Indigenous communities. The IEE White papers examine how each country studied reflects the recommendations contained in the Arctic Guidelines.

Betsy Baker, Associate Professor, climbing the ship of the USS Healy.

"Canada and the United States are both actively reviewing their practices for regulating offshore drilling in the Arctic," Baker said. "Greenland, which recently gained self-governance, ties its new status directly to control over its own mineral resources and its new laws reflect this. Russia, too, is reexamining its relevant legislation as it courts international investment in its Arctic hydrocarbon potential. As Arctic coastal states revise and possibly move toward harmonizing their regulatory systems for this fragile and resource-rich region, the Arctic Guidelines can be used to promote even stronger national and circumpolar standards. These are urgently needed if the Arctic states want to put in place adequate protections proactively rather than responding to a disaster such as the Exxon Valdez or Deepwater Horizon after the fact.".

An estimated 25 percent of the world's undiscovered oil and gas resources lies in the Arctic, whose melting sea ice is rapidly opening new areas to drilling, according to the U.S. Geological Survey.

Student contributors to the White Papers include Lisa Campion, who has commercial fishing experience in Alaska; Catherine Peterson, who grew up in an Inupiat village in Alaska; Ben Jones, who was education director for the Blueberry River First Nation in British Columbia; Keisha Sedlacek, who has interned with the Marine Mammal Commission; Roma Sidortsov, a Russian-trained lawyer in the LLM program at VLS, where he also earned his JD; and Zhen Zhang, a Global Energy Fellow at the IEE.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Read the White Paper series

Former New York Times Reporter Chris Wren to Discuss Arab Revolt

Vermont Law School — 30 Mar 2011 04:00:00 EST

SOUTH ROYALTON, VT—Chris Wren, a former foreign correspondent for The New York Times, will discuss the uprisings in North Africa and the Middle East at 5:30 p.m., Wednesday, April 6 at the Chase Community Center. The event is free and open to the public.

Christopher Wren speaking with students at VLS.

Wren, whose talk is titled "The Rule of Law and the Arab Revolt: A Journalist's Perspective," reported and edited for the Times for nearly 29 years. He was the Times' bureau chief in Cairo from 1977 to 1980. He also headed the Times' bureaus in Moscow, Beijing, Ottawa and Johannesburg and later covered the United Nations. He reported from throughout the former Soviet Union, Eastern Europe, the Balkans, the Middle East, China, Africa, South America and Canada. He has written five books and co-authored three others and is on the advisory board of the VLS International and Comparative Law program.

"The spontaneous uprisings across the Middle East and North Africa have been prompted by popular demands for free elections, fair employment, term limits for rulers, the dismantling of institutional corruption and the ousting of brutal officials," Wren said. "Such reforms would hardly ruffle the West, but they are toppling Arab regimes and recasting the face of the Middle East and North Africa. The Al-Jezeera television network and various social media have given protesters instant communication. They are motivated neither by Islamist or Marxist ideologies, but by aspiration for the rule of law they see in the West. Arab people long feared their governments; now the same governments fear their people. Yet the triumph of rule of law is far from assured."

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Forum to Discuss Single-Payer Health Care System

Vermont Law School — 28 Mar 2011 04:00:00 EST

SOUTH ROYALTON, VT—Vermont Law School will host a community forum Saturday to discuss how proposals in the Vermont Legislature will affect Vermonters' access to affordable health care.

The event, which is free and open to the public, will be from 9:30 a.m. to 3 p.m. at the South Royalton School. Breakfast and lunch will be served. The event is sponsored by the VLS chapter of the National Lawyers Guild.

The forum will explore calls for a statewide, publicly funded health insurance to be set up by the middle of the decade. Bills before the House and Senate propose a universal health care program by making Green Mountain Care available to every Vermonter. The bill first would have the state comply with last year's federal health reform law by creating a health insurance marketplace that would let people comparison shop for health insurance. The House bill has passed committee and the Senate bill is in committee.

Panelists will include Steve Kimbell, commissioner of the Vermont Department of Banking, Insurance, Securities and Health Care Administration; state Rep. Sarah Copeland-Hanzas, D-Orange County; and Peg Franzen, president of the Vermont Workers' Center.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Week of March 21

Vermont Law School — 28 Mar 2011 04:00:00 EST

Allison Silverman '12 wrote an op-ed about building community and a better environment in the Burlington Free Press on March 27.
In a story carried by The New York Times and other media, Reuters reported March 25 on Mark Cooper's research into the costs of new nuclear plants in the wake of Japan's nuclear crisis. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.
Politico spoke with Professor Michael Dworkin on March 25 about the Vermont Yankee nuclear power plant and the economics of nuclear power.
The Des Moines Register reported March 25 on Mark Cooper's research into the costs of a proposed new nuclear power plant in Iowa.
Greenwire talked to Professor Pat Parenteau on March 24 about the EPA's recommendation that Congress regulate "black carbon" to help fight climate change.
Adjunct Professor Peter Bradford spoke with KCRW's To The Point (Calif.) and Voice of America on March 24 about the future of nuclear power in the wake of Japan's nuclear crisis.
USA Today and Newsday spoke with Professor Michael McCann on March 24 about the perjury trial of home run king Barry Bonds.
Professor Pat Parenteau spoke with BNA on March 24 about the U.S. Supreme Court's denial of a New Jersey couple's request to overturn a state fine and restoration order for filling wetlands in their backyard.
Seven Days reported March 23 on the Animal Law Society's symposium.
An Associated Press story on March 23 about open records cases argued at the Vermont Supreme Court's annual session at VLS was picked up by Vermont Public Radio, WCAX and other media. The Burlington Free Press and Valley News also reported the story.
FOX44, ABC 22 and the St. Albans Messenger reported March 23 on a dispute involving a proposed Wal-Mart argued before the Vermont Supreme Court during its annual session at VLS.
Vermont Public Radio spoke with Professor Cheryl Hanna on March 23 about how Vermont's judicial retention process works and how politics affect the tenure of judges.
The Valley News profiled Professor Michael McCann on March 22.
NPR, KCBS San Francisco and KGOW Houston talked to Professor Michael McCann on March 21 about the challenges facing prosecutors in Barry Bonds' perjury trial. NPR's story was picked up by many NPR local affiliates nationwide.
In his Sports Illustrated column on March 21, Professor Michael McCann laid out the case for the prosecution at the start of Barry Bonds' perjury trial.
BNA spoke with Professor Pat Parenteau on March 21 about the EPA's plan to write new rules to address the extent of Clean Water Act jurisdiction over a water body or wetland to make the agency's position consistent with U.S. Supreme Court rulings.

Prof. McCann Explores Barry Bonds' Trial for Sports Illustrated

Vermont Law School — 25 Mar 2011 04:00:00 EST

In his latest Sports Illustrated column, Vermont Law School Professor Michael McCann shares his insights on the perjury trial of home run king Barry Bonds, who is being tried on charges in U.S. District Court in San Francisco that he lied to a federal grand jury in 2003 when he testified that he had never knowingly used steroids.

McCann, a nationally recognized sports law expert, is director of VLS's Sports Law Institute.

China Opens First Public Interest Environmental Law Firm With Help from Vermont Law School

Vermont Law School — 25 Mar 2011 04:00:00 EST

SOUTH ROYALTON, VT—China's first public interest environmental law firm was officially launched today with assistance from Vermont Law School's U.S.-China Partnership for Environmental Law, which also has helped to create a new university legal advocacy center devoted to environmental health and safety issues.

The public interest law firm, which is the first in China devoted to combating pollution, received a license from the Beijing Judicial Bureau in December and held a formal launch event today. The Huanzhu (translated as Environmental Aid) Law Firm's mission is to provide legal services to pollution victims and handle citizen-action lawsuits intended to enforce environmental laws and regulations. The firm does not charge fees for public interest cases, but may charge fees for other types of cases to serve as an example to the private bar that environmental law is a sustainable practice. The firm does not represent polluters who have violated or been accused of violating the law. VLS's partner in the program is the Center for Legal Assistance to Pollution Victims (CLAPV).

In January, Sun Yat-sen University Law School (SYSU) launched its Environmental and Worker Health and Safety Advocacy Center in Guangzhou. The center handles pollution and workplace injury cases involving environmental health and safety issues. The center combines the expertise and resources of SYSU's existing environmental law and labor law clinics and provides experiential training to students to help them advocate for pollution victims and workers and educate them about their rights.

The new law firm and legal clinic are funded by a $1.5 million grant from the U.S. State Department to VLS's U.S.-China Partnership. The grant will help to expand the use of civil lawsuits, or "green litigation," to more effectively enforce environmental laws, fight pollution and protect workers in China. Chinese prosecutors currently focus on criminal prosecutions in environmental cases, in part, because they lack a formal civil judicial enforcement role. The State Department grant is the latest in a series of federal grants that have made Vermont Law School the leading U.S. law school working on environmental law, policy and energy issues in China. The new grant includes $500,000 annually over three years.

"This is a groundbreaking environmental advocacy initiative in China," said Assistant Professor Siu Tip Lam, director of the U.S.-China Partnership.

China's rapid industrialization has caused severe environmental degradation, prompting the nation's leaders to seek new ways to allow steady growth, while protecting the air, land, water and public health. That's where the U.S.-China Partnership comes in, providing training in environmental governance to lawyers, judges and others to help China enforce environmental laws and regulations that have been widely ignored.

Since 2006, the U.S.-China Partnership has trained more than 1,000 Chinese lawyers, judges, government officials, faculty, students, business owners and others, conducted numerous workshops and undertaken other initiatives. Much of the work has been done through grants from the U.S. Agency for International Development. VLS's partners include SYSU, CLAPV at the China University of Political Science and Law, the Vermont-based Regulatory Assistance Project, and the China Environment Forum at the Woodrow Wilson International Center for Scholars.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Ocean Law Conference to Explore Energy Development, Protecting Marine Resources

Vermont Law School — 25 Mar 2011 04:00:00 EST

SOUTH ROYALTON, VT—Vermont Law School will host a conference on Friday, April 1, to explore ways to strengthen international ocean regulations and protect marine ecosystems, while exploring offshore energy resources.

Titled "Coastal and Marine Spatial Planning: The Intersection between Energy, CMSP, and Our Future Needs," the event will be from 10 a.m. to 4:45 p.m. in the Chase Community Center. It is free and open to the public.

In 2010, President Obama established America's first National Policy for the Stewardship of the Ocean, Our Coasts, and Great Lakes. One of the priorities of the Interagency Ocean Policy Task Force is creating a coastal and marine spatial plan, which is a comprehensive, science-based approach to analyzing current and anticipated uses of ocean, coastal and Great Lakes areas. CMSP identifies areas most suitable for various activities to reduce environmental impacts, promote compatible uses and preserve critical ecosystems while meeting economic, environmental, security and social objectives, according to the National Oceanic and Atmospheric Administration.

The VLS conference's first panel will focus on offshore energy and how it fits into CMSP, including implications of the BP Deepwater Horizon oil spill. The keynote speaker, Meg Caldwell, who is director of the Environmental and Natural Resources Law & Policy Program at Stanford Law School, will discuss CMSP as a tool to minimize human-use conflicts in the ocean and how CMSP will be used to protect our marine resources and coastal communities. The conference's second panel will focus on the national framework for coastal and marine spatial planning.

For more information, visit www.vermontlaw.edu/oceanlawconference.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

New Study Shows Nuclear Economics Worse After Fukushima

Vermont Law School — 24 Mar 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Japan's nuclear crisis and other nuclear incidents make the construction of new nuclear reactors, which has been uneconomic in market economies, even less attractive, according to a new study at Vermont Law School.

Mark Cooper, a senior fellow for economic analysis at VLS's Institute for Energy and the Environment, discussed his findings in testimony Thursday before the Standing Committee on Natural Resources in the House of Commons in Ottawa, Canada.

Cooper's analysis of the history of nuclear accidents and their impact on the economics of nuclear reactor construction shows a clear correlation between major incidents and increases in costs.

The construction costs for reactors completed after Three Mile Island (TMI) but before Chernobyl were 95 percent higher than those completed before TMI, which resulted in electricity costs that were 40 percent higher, according to Cooper. The construction costs of the reactors completed after Chernobyl were 89 higher than those completed between TMI and Chernobyl, which resulted in electricity costs that were 42 percent higher. The cost escalation started with TMI and persisted. Its primary cause was the lengthening of the construction period. Contemporaneous accounts and analyses shortly after TMI point to design changes required by safety concerns. The trend remains the same after Chernobyl.

"The high risk, cost and long lead times of nuclear, combined with the rich portfolio of alternative resources available to meet electricity needs at much lower cost and risk for decades, means that the idea of a nuclear renaissance never made economic sense," Cooper said. "The idea that a renaissance would involve construction of large numbers of reactors in a short period of time was particularly problematic from both the economic and safety points of view. There was no reason for the government to put taxpayers and ratepayers at risk by overriding the judgment of the capital markets, and there is less reason today. The economic analysis that was used to create the myth of the ‘nuclear renaissance' vastly underestimated the economic cost of nuclear reactors and totally ignored the societal impacts of nuclear reactors. The economics of nuclear reactors was bad and economics will likely be dealt another blow by the Fukushima incident."

Cooper, who has testified more than 350 times before federal and state legislatures and regulatory bodies on energy, said policy makers, regulators and financial analysts would be irresponsible if they did not thoroughly re-examine energy policy, safety and the economics of nuclear reactors in light of Japan's nuclear crisis. "If they do what they are supposed to, nuclear reactor construction will be much more costly and much less inviting as a policy option as a result of the Fukusima accident."

Nuclear utilities have sought to secure massive subsidies that shift the risk of nuclear construction away from utility stockholders onto taxpayers, in the form of governmental loan guarantees, and ratepayers, in the form of advanced cost recovery, but plummeting natural gas prices, declining demand growth and stable costs for other low carbon alternatives have resulted in cancellations or postponements of nearly all of the almost two dozen projects that were talked about or proposed, Cooper said.

Cooper is available at markcooper@aol.com or 301.384.2204. To read Cooper's testimony, click here.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Russian Delegation to Discuss Legal Aid, Access to Justice

Vermont Law School — 24 Mar 2011 04:00:00 EST

SOUTH ROYALTON, VT -- A delegation of Russian lawyers and judges will visit Vermont Law School's South Royalton Legal Clinic (SRLC) on Thursday, March 31, to discuss Russia's effort to strengthen its civil legal aid programs. Before their VLS visit, the Russians will spend several days learning about Vermont Legal Aid and the Vermont court system as part of their effort to provide legal services to the poor.

The delegation will meet with staff attorneys and student clinicians at SRLC, which serves Vermont residents who can't afford counsel and need assistance with legal issues. The visit to VLS will be similar to previous visits from Russian delegations except that the focus will not be on clinical legal education, which is now established in many places in Russia, but on creation and operation of civil legal aid programs.

Delegation members, who are from Karelia, Russia, will visit VLS under the auspices of the Open World Program, the only exchange program in the U.S. legislative branch of government. The local sponsoring organization is the Vermont Karelia Rule of Law Project. In recent years, the Russian Federation created a national legal aid demonstration program; Karelia was one of 10 demonstration regions.

More information about the Russian delegation's visit is available from Professor Jim May, director of the SRLC, at 802.831.1500 or jmay@vermontlaw.edu; Karin Bourassa of the Vermont/Karelia Rule of Law Project at 802.651.9300 or kbourassa@rarolc.net; and Kathy Stankevich, Vermont/Karelia's Open World Coordinator at 802.885.7207.

CONTACT: John Cramer, Associate Director of Media Relations
Office:802.831.11, cell: 540.798.7099, jcramer@vermontlaw.edu

Vermont Supreme Court Hears Arguments at VLS

Vermont Law School — 23 Mar 2011 04:00:00 EST

At the Vermont Supreme Court's annual session at Vermont Law School on March 23, teams of lawyers argued seven cases involving issues of criminal procedure, evidence, property, torts, environmental law, administrative law and constitutional law.

The Oakes Hall classroom where the justices presided drew a large number of students, faculty and staff. The day's first two cases involved public records requests and law enforcement officials accused of viewing child pornography while on duty.

In the first case, lawyers for the Rutland Herald, town of Rutland and American Federation of State, County and Municipal Employees (AFSCME), Council 93, Local 1201, argued a 2010 case involving three Rutland Police Department employees. They were accused of viewing child pornography while on duty and were disciplined or dismissed following internal investigations.

The Rutland Herald asked the city to release documents related to these employees pursuant to Vermont's Public Records Act. The city argued that some of the requested material was exempt because it related to investigation of a crime and involved personal documents related to the officers' employment. The trial court held that most of the documents had to be disclosed because that exception to the law only applies during an investigation, whereas the records related to the "management and direction of a law enforcement agency." The trial court also concluded the police department's handling of internal investigations was of high public interest and the documents had to be disclosed. On appeal, the city contended the public's interest could be safeguarded by redacting some of the records and that the lower court failed to perform the required balancing test between the public's interest in overseeing government decisions and the right to privacy in one's personal and economic pursuits.

In the day's second case, lawyers for the Rutland Herald, Vermont State Police and Vermont Attorney General's Office argued a similar Public Records Act case. In 2010, the State Police learned one of its employees might possess child pornography. The State Police conducted an investigation, including searching the employee's residence, and the following day the employee committed suicide. The Herald requested disclosure of all documents and records connected to the investigation. The State declined to produce any of these materials. The trial court granted the State's motion for summary judgment, concluding that the exemption for records compiled in a criminal investigation applied to the records in question. The court also found that materials connected to a related inquest were exempt as records designated confidential by law. On appeal, the Herald claimed the records should be made public or the exemptions should be found unconstitutional under the First Amendment and the Vermont Constitution; and that the Court should order disclosure of inquest materials.

Russian Nuclear Experts to Discuss Chernobyl, Japan Nuclear Crisis

Vermont Law School — 22 Mar 2011 04:00:00 EST

SOUTH ROYALTON, VT -- Russian nuclear experts will discuss the upcoming 25th anniversary of the Chernobyl disaster, Japan's nuclear crisis and design similarities between the Japanese reactor and the Vermont Yankee nuclear power plant at 12:45 p.m. today at Vermont Law School.

The brown bag lunch discussion will be in the Map Room on the first floor of Debevoise Hall.

The Russians' visit is part of an informational tour of U.S. nuclear facilities titled the "Global Nuclear Legacy Project" sponsored by Beyond Nuclear, an anti-nuclear energy and weapons group. Chernobyl liquidator Natalia Manzurova, anti-nuclear leader Nataliya Mironova and Chelyabinsk spokesperson Tatiana Muchamedyarova will share their Chernobyl experiences in the wake of Japan's nuclear crisis. The group will be joined by Kevin Kamps of Beyond Nuclear.

More information is available at http://www.beyondnuclear.org/home/2011/3/21/russian-chernobyl-experts-make-timely-visit-to-the-us.html

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Barry Bonds’ Trial: Professor Michael McCann Available to Comment

Vermont Law School — 21 Mar 2011 04:00:00 EST

SOUTH ROYALTON, VT -- As Barry Bonds' perjury trial gets underway today, Vermont Law School Professor Michael McCann is available to comment about what's at stake for the home run king, baseball itself and steroid use among professional athletes.

Nearly four years after his initial indictment, Bonds will be tried on charges in U.S. District Court in San Francisco that he lied to a federal grand jury in 2003 when he testified that he had never knowingly used steroids.

McCann, a nationally recognized sports law expert and the director of VLS's Sports Law Institute, can be reached on his cell phone 617.875.6132, office phone 802.831.1207 and email mmccann@vermontlaw.edu

Read McCann's latest column on Bonds in SI.com.

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

Week of March 14

Vermont Law School — 21 Mar 2011 04:00:00 EST

Radio New Zealand spoke with Adjunct Professor Peter Bradford on March 20 about Japan's nuclear crisis.
Mark Cooper wrote a March 20 op-ed in the Cedar Rapids (Iowa) Gazette about the high costs of new nuclear plants. Cooper is senior research fellow for economic analysis at the Institute for Energy and the Environment.
Assistant Professor Laura Murphy spoke with the Brattleboro Reformer on March 19 about the Vermont Agency of Natural Resources' decision to review Vermont Yankee nuclear plant's water discharge permit.
The New York Times carried a Greenwire story March 18 that included Adjunct Professor Peter Bradford discussing the implications of Japan's nuclear crisis for the U.S. nuclear power industry.
Sports Illustrated/CNN Video spoke with Professor Michael McCann on March 18 about the perjury trial of home run king Barry Bonds.
A Reuters story quoting Adjunct Professor Peter Bradford about Japan's nuclear crisis was carried by the New York Post Chronicle, Alibaba.com, Haaretz.com and other media March 18.
Adjunct Professor Peter Bradford talked to the Boston Globe on March 18 about Japan's nuclear crisis and the implications for New England's nuclear power plants.
An Associated Press brief on the Vermont Supreme Court's upcoming annual session at VLS was carried March 18 by the Boston Globe, WCAX, ABC40, FOX6, New England Cable News and other media.
The Randolph Herald and vtdigger.org reported March 17 on VLS's plans for a new fitness center.
Professor Pat Parenteau talked to SolveClimate News on March 17 about Republican efforts to scale back the EPA's ability to regulate greenhouse gas emissions.
Sports Illustrated Video talked to Professor Michael McCann about the legal implications of the death of a Notre Dame student who died when he fell from a tower while videotaping a football practice.
The Burlington Free Press reported March 16 on Jessica Wilkerson '12 being selected as the first recipient of the Erin Woolley Memorial Scholarship.
Mother Jones and BBC Radio spoke with Adjunct Professor Peter Bradford on March 16 and March 15, respectively, about Japan's nuclear crisis.
Professor Michael McCann talked to the Boston Globe about the legal implications of violent play in the NHL on March 15.
The Pulse Network spoke with Joseph Kaifala '13, the Jeneba Project founder who is among 15 finalists for the Students In Service Awards for his educational and medical aid work in post-civil war Sierra Leone.
USA Today talked to Mark Cooper about Japan's nuclear crisis on March 15. The story also ran in NBC St. Louis affiliate KSDK and NBC Knoxville affiliate WBIR.
Sports Illustrated spoke with Professor Michael McCann on March 15 about an NBA referee's defamation lawsuit against a reporter.
U.S.News & World Report ranked VLS first in the nation in environmental law for an unprecedented third consecutive year on March 15. The story was reported by Vermont Business magazine and the Randolph Herald.
NPR and the Vancouver Observer (Canada) spoke with Adjunct Professor Peter Bradford about Japan's nuclear crisis on March 14.
News 14 Carolina (N.C.) talked to Adjunct Professor Peter Bradford on March 14 about the implications for Southeast nuclear power plants from Japan's nuclear crisis.
The Wall Street Journal Law Blog talked to Professor Michael McCann on March 14 about the NFL labor showdown.
Greenwire spoke with Mark Cooper on March 14 about his research into the costs of nuclear power, which was also cited by AlphaTrade Finance, Portfolio.com and other media.