Sean Nolon

Biography

Professor Sean Nolon teaches Civil Procedure, ADR, Negotiation, Environmental Dispute Resolution and the 1L Integration Initiative. He is also the director of the nationally ranked Dispute Resolution Program. Prior to joining Vermont Law School, he directed the Land Use Law Center and served as the executive director of the Theodore W. Kheel Center on Environmental Solutions at Pace University School of Law. He has designed and taught courses at Vermont Law School, Pace Law School, Yale School of Forestry and Environmental Studies, University of Nevada-Las Vegas, Northeastern, Pepperdine and Dartmouth College. He is also an experienced litigator, mediator and arbitrator specializing in public policy, environmental, and complex commercial disputes.

Professor Nolon's scholarship has been cited by the Massachusetts Supreme Court. He is the author and co-author of numerous publications including: Land in Conflict: Managing and Resolving Land Use Disputes (Lincoln Institute, 2013) with Ona Fergosun and Patrick Field; and Environmental Dispute Resolution (In The Encyclopedia of Sustainability, Vol. 3: The Law and Politics of Sustainability, Berkshire Publishing) edited by Klaus Bosselmann, Daniel Fogel, and J. B. Ruhl. His articles have been published in the Florida Law Review, Cardozo Journal of Conflict Resolution, Idaho Law Review, Pace Law Review, and the Fordham Urban Law Journal.

Professor Nolon conducts training programs on negotiation, mediation and environmental law for NGOs, private companies, local governments, state agencies domestically and internationally. Representative clients include: The Federal Deposit Insurance Corporation (FDIC), not-for-profits , foundations, municipalities, Natural Resource Conservation Service (NRCS) and the United States Department of Agriculture (USDA), Utah Property Rights Ombudsman, and The Environmental Commission of Trinidad and Tobago.

In 2007, Professor Nolon received the Honors Award from the Environmental Law Section of the New York State Bar Association. In 2016, West publishing selected Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government. 67 Fla L. Rev. 171 (2015) as one of eighteen articles to be included in the 2016 Zoning and Planning Law Handbook.

Publications

Chapters

Arbitration and the Olympic Athlete, In Micahel McCann (Ed.), Handbook of American Sports Law, at ___. Oxford University Press (forthcoming).

The Role of Local Government, In Robert Glicksman & Lee Paddock (Eds.), Environmental Decision Making, Vol. __: The Encyclopedia of Environmental Law, at ___. Edward Elgar Press (forthcoming).

Dispute Resolution, Environmental. In Klaus Bosselmann, Daniel Fogel, and J.B. Ruhl (Eds.), THE ENCYCLOPEDIA OF SUSTAINABILITY, VOL. 3: THE LAW AND POLITICS OF SUSTAINABILITY, pp. [to come]. Great Barrington, MA: Berkshire Publishing, 2010.

Articles

The Challenges and Opportunities Confronting Modern Public Policy Mediators, Dispute Resolution Magazine, American Bar Association (Winter 2016).

Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government. 67 FLA L. REV. 171 (2015).

Negotiating The Wind: A Framework to Engage Citizens in Siting Wind Turbines. 12 Cardozo J. Conf. Res. 2, 327 (2011).

Advocating for Process: A Framework for Land Use Lawyers, Zoning and Planning Law Report (West), Vol. 33, No.8, Sept. 2010.

Scholarship featured in Probate and Property, magazine of the ABA's Section on Real Property and Probate Law, August 2010.

Lawyer as Process Advocate: The Use of Consensus Committees in Local Land Use Decisions. 27 Pace Env't. L. R. 103 (2009).

The Rise of Collaboration: Reaching Consensus through Concept Committees, New York Zoning Law and Practice Report (West), Vol. 4, No.1, July/August 2003.

Before Going to Court, Consider Using Mediators to Negotiate, 26 NYLJ 94 (November 14, 2001).

Preserving Our Heritage: Tools to Cultivate Agricultural Preservation in New York State, with Cozata Solloway, 17 Pace L. Rev. 591 (1997).

The State of the Argentine Environment: An Overview, 13 Pace Envtl. L. Rev. 615 (1996).

Books

Disputing Land with Patrick Field and Ona Ferguson, forthcoming publication of the Lincoln Institute for Land Policy.

Land in Conflict: Managing and Resolving Land Use Disputes (with Ona Ferguson and Patrick Field) Lincoln Institute for Land Policy, Cambridge, MA (2013).

Conducting Conflict Assessments in the Land Use Context: A Manual, with Lawrence Susskind, Merrick Hoben, and Jennifer Thomas-Larmer. Consensus Building Institute & Land Use Law Center (2000). In English and Japanese.

Other

Moving Collaboration Upstream, ACResolution: Expanding the Frontiers of Environmental and Public Policy Conflict Resolution, Summer 2007.

Collaborative Developments: A Report on Development Approvals Achieved through Collaboration, with Emily Beck. Land Use Law Center, September 2003.

Land Use Mediation (Editor), Land Use Law Center, August 2003.

Commentaries

How Military Strategy Argues for the Increased Use of Mediators in Land Use Approvals, Mediate.com Newsletter, January 2002.

Presentations

Keynote, "Can Local Process Save the World?" Southern New England Planning Association Annual Conference, Providence, Rhode Island, October 2011.

Speaker, "Connecting Doctrinal and Practical Problem-Solving Instruction to Enhance Legal Education," The Association of American Law Schools, January 2011.

Panel Presentation, Cardozo Symposium on Environmental Conflict, Cardozo Law School Journal of Conflict Resolution, November 2010.

Keynote, "How Local Governments Can Save the World," American Bar Association State and Local Government Section, October 2010.

Speaker, "Integrating Dispute Resolution into the Legal Curriculum," Harvard Law School, AALS Work-In-Progress Workshop. November, 2009.

Keynote, "Democratic Renewal Through Land Use Innovation," Vermont Law School Land Use Institute, Summer Retreat for Vermont Planning Commissioners, June 2009.

Workshop, Collaborative Governance Techniques in Land Use Decisions, Vermont Law School Land Use Institute, Summer Retreat for Vermont Planning Commissioners, June 2009.

Panel Presentation, Senator Leahy's Commission on Inquiry. Norwich Congregational Church, Norwich, Vermont, May 7, 2009.

Panel Presentation, "The Resolution of Environmental Disputes," Association of the Bar of the City of New York, Manhattan, New York, November 2008.

Speaker, "Land Use Techniques to Protect Riparian Resources," Hudson River Watershed Alliance, Mohonk Mountain House, New York, November 16, 2007.

Speaker, "The Relationship Between Land Use Law Reform and Mitigating Climate Change," Land Use Law Center Annual Conference, November 15, 2007.

Moderator, "Regulating What’s Important: Form-Based Codes and Other Tools to Create Livable Communities," CommunityMatters07, Burlington, Vermont, October 24, 2007.

Panelist, "Problem-Solving Mechanisms to Achieve Consensus: How Do We Ensure Successful Resolution?" Fordham Law School ADR Symposium, October 12, 2007.

Moderator, "Meeting Local Housing Needs," Mid-Hudson Pattern for Progress, New Paltz, New York, June 2007.

Speaker, "Innovative Land Use Cases Studies," North Shore Land Alliance, Bethpage, New York, April, 2007.

Speaker, "Collaborative Governance in the Hudson Valley," American Farmland Trust, NY Chapter, Fort Edward, New York, March 2007.

Moderator/Panelist, "Engaging People in the Process," American Farmland Trust Regional Conference, Hudson, New York, November 4, 2006.

Panelist, "Training Local Land Use Leaders," American Planning Association, Southern New England Chapter, New Haven, Connecticut, September 28, 2006.

Panelist, "The Valley We Will Leave Behind: Teaching with the Future in Mind," Teaching the Hudson Valley Institute, Hyde Park, New York, July 27, 2006.

Moderator/Panelist, "Building Capacity for Collaborative Decision-Making at the Local Level," Association for Conflict Resolution Conference, Massachusetts Institute of Technology, June 28, 2006.

Facilitator/Moderator, "Tributary (Watershed) Strategy Development," Convened by the New York State Water Resources Institute, West Point, New York. April 7, 2006.

Keynote, "Local Techniques to Encourage Affordable Housing," Dutchess County Mayor’s and Supervisor’s Association, Dover, New York. April 4, 2006.

Panel Presentation, "The Role of Local, County and State Government in Protecting Groundwater and Surface Water Resources," Hudson River Watershed Alliance Conference on Sustainable Water Resources Management Garrison Institute, Garrison, New York. March 16, 2006.

Panel Presentation, "The Authority and Role of Planning Boards in New York State," Land Use Institute, Westchester Municipal Planning Federation, White Plains, New York. March 2006.

Master of Ceremonies, "The River as the Bounty of Creation: Preserving our Pastoral Landscapes," Garrison Institute, Garrison, New York. January 19, 2006.

Lecture, "Land Use-Transportation Planning Connection," New York Metropolitan Transportation Council, Manhattan, New York. January 2006.

Conference moderator, Eastern Water Law Symposium II, New York State Judicial Institute, White Plains, New York. November 2005.

Roundtable presentation, NYS Quality Communities Working Group, Hyde Park, New York. September 2005.

Panel facilitator, Eastern Water Law Symposium I, Government Law Center, Albany Law School, Albany, New York. September 2005.

Keynote, "The County's Role in Land Use," Rockland County Land Use Summit, Haverstraw, New York. May 2005.

Keynote, Hudsonia Center of Bard College, Biodiversity Leaders' Summit, SUNY New Paltz, New Paltz, New York, April 2005.

Panel presentation, "The Role of Local Government in Environmental Protection," National Association of Environmental Law Societies, New York State Judicial Institute, White Plains, New York. March 2005.

Lecture, "Land Use Resources on the Internet," Westchester Municipal Planning Federation, Land Use Institute, White Plains, New York. March 2005.

Lecture, "The origins of NYS Environmental Quality Review Act," Professional Development Training, White Plains, New York, February 2005.

Lecture, "Using Local Law to Reign in Sprawl," Green Assets Lecture Series, New Paltz, New York, February 2005.

Keynote, Northern Dutchess Alliance Annual Dinner. December, 2004

Panel presentation, "Mid-Hudson Pattern for Progress," Annual Dinner, Newburgh, New York, October 2004.

Keynote, "Training Local Land Use Leaders," Eighteenth Annual Rockfall Foundation Symposium, Middletown, Connecticut, October 2004.

Lecture, "Principles of Public Conflict Resolution," Wadsworth Mansion, Middletown, CT. October 2004.

Keynote, Sullivan County Planning Forum, Monticello, New York, August 2004.

Keynote, "Local Government’s Role in Water Protection," New England Water Pollution Control Commission (NEIWPCC), Lake George, New York. May 2004.

Panel Presentation, "Local Government’s Role in Water Protection, Keeping Our Heads Above Water," New York State Department of Environmental Conservation Hudson River Summit, Mohonk Mountain House, New Paltz, New York. November 2003.

Panel presentation, "Promoting Better Land Use Decision Making," New York State Bar Association Environmental Law Section, Hancock, Massachusetts. September 2003.

Panel presentation, "Achieving Balanced Land Use Regulations," Annual Meeting Soil and Water Conservation Society, Southern New England Chapter, Auburn, Massachusetts, March 2003.

Panel presentation, "How to Integrate Mediation and Consensus Building into the Land Use Decision Making Process," Association of the Bar of the City of New York, Manhattan, New York, February 2003.

Panel Presentation, "A Golden Anniversary in Land Use Law: Revisiting Golden v. Ramapo (1972) and its Current Relevance," Pace University School of Law, White Plains, New York. November 2002.

Panel Presentation, "Mediating the Land Use Case," Center for American and International Law, New York University School of Law, Manhattan, New York. June 2002.

Moderator, Presenter, Organizer, "Pre-Assessment of Land Use Disputes," Pace University School of Law, White Plains, New York, April 19, 2001.

Conference moderator, "Land Use Conflict Assessment: Making Collaboration Work," Pace University School of Law, White Plains, New York. November 11, 2000.

Lecture, "Intermunicipal Agreements in the Great Swamp region of New York State," New York Planning Federation, Monticello, New York. October 2000.

Lecture, "Collaborative Land Use Techniques Available to Local Officials in the United States and Canada," Association of Municipalities of Ontario, Ottawa, Canada, August 2000.

Awards & Accomplishments

Awards, Honors or Grants

Pace Land Use Law Center, Groundbreaker's Award (2008). "The Groundbreaker Award is given to an individual who has done exemplary work in the community or region using the types of land use and decision-making tools and techniques taught in the Land Use Law Center."

N.Y.S. Bar Association, Environmental Law Section, Honors Award (2007). "Given in recognition for his extensive work in educating state and local officials on land use and environmental impacts, which has resulted in a positive impact on New York's natural resources.".

NYS Bar Association, Environmental Law Section, Honors Award, 2007.

Affiliations

Member of Leadership Council, Association for Conflict Resolution, Environment/Public Policy Section, 2004-2005.

Member, Hudson River Clearwater Sloop, Board of Directors, 2007-2009.

Pesticide Program Coordinator, Farm Worker Legal Services, New Paltz, New York, 1993.

Steering Committee Member, Heart and Mind of Environmental Leadership, Garrison Institute, 2005-Present.

Member, Westchester Bar Association.

Volunteer, Westchester Mediation Center, Yonkers, New York, 2000 – 2005.

Member, Housing Action Council, Board of Directors, 2007-2009.

Member, the New York State Bar, 1998-Present.

Board Member-at-Large, Westchester County Municipal Planning Federation, 2004-Present.

Member, New York State Dispute Resolution Association.

Volunteer, Lawyers for the Arts, Manhattan, New York, 1999-2000.

Member, Climate Advisory Committee, Hudson River Estuary Program, NYSDEC, 2006 – Present.

Member, American Bar Association, Section of Dispute Resolution.