Press Release Feed

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

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

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

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

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 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

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

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

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

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

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

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, 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

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

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

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

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

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.

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.

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

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

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

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

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

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

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."

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, VLS Dean Jeff Shields will notify the Pentagon that military recruiters are allowed back on campus.

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

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