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Scholarship & Impacts, 2021

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Publications, presentations, and other scholarly works from VLS environmental law faculty members in 2021 include: 


Abigail André

Publications

"A Canary in a Coal Mine: What We Haven’t Learned From Deepwater Horizon and How Courts Can Help," Georgetown Environmental Law Review (2021).

"Biden Should Bet the Farm." ABA Section of Environment, Energy, and Resources (May 2021).


Laurie Beyranevand

Publications

"COVID-19’s Shot Across the Bow: Create Resilient Regional Food Systems" (with Alison Lesure), Vermont Journal of Environmental Law (January 2021).

"Essentially Unprotected: A Focus on Farmworker Health Laws and Policies Addressing Pesticide Exposure and Heat Related Illness" (Report; April 2021).

"The United Nations Food Systems Summit: the Milestone, the Fallout, and Looking Ahead" (with Mackenzie Bindas), Vermont Journal of Environmental Law (December 2021).

Presentations

Invited panelist, “Understanding Our Food Cycle," Planet Over Profit (February 2021).

Panel moderator, "Setting the Table: Digging into Federal Food Laws in Application," Vermont Law School Food and Agriculture Law Society (March 15, 2021).

Invited panelist, "Beyond the Pandemic: Addressing the Silent Crises in Public Health and Food Security Through Planning" (with Jonathan Rosenbloom), Western Places | Western Spaces Conference (March 19, 2021).

Invited panelist, “Evaluating the Food Safety Modernization Act’s Proposed Rule for Food Traceability,” Food and Dietary Supplement Safety and Regulation Conference, Food and Drug Law Institute (March 24, 2021).

Panel moderator, "Embedded Racism on the Farm: Labor Law, Immigration, and the Fight for Farmworkers' Rights," Embedded Racism in the Law Panel Series, Vermont Law School (April 22, 2021).

Panelist, "Ten Years of FSMA: Looking at the Past, Present, and What We Can Expect for the Future," Food and Drug Law Institute (May 2021).

Panelist, “Essentially Unprotected: How Laws Addressing Farmworker Pesticide Exposure and Heat-Related Illness Fail to Protect Them,” 44th Annual Health Law Professor’s Conference, American Society of Law, Medicine, and Ethics (June 10, 2021).

"Why the U.S. Needs a National Food Strategy," Hot Topics in Environmental Law Lecture Series, Vermont Law School (June 15, 2021).

Invited Presenter, “Food, Agriculture, and Environmental Justice,” USDA Environmental Justice Team Meeting, United States Department of Agriculture (June 2021).

Panelist, “Protecting Farmworkers from Climate-Related Illness Through State Policy and Market Based Initiatives,” American Public Health Association Annual Meeting (Oct. 2021).

Invited Moderator, "The Path Forward: Seeking Racial Equity in Food and Drug Law," The War on Abortion Drugs: Unequal Access to Medical Abortion, Food and Drug Law Journal (Nov. 2021).

Panelist, “From Essentially Unprotected to Essential and Protected: How the Law Can Prioritize Farmworker Health," It Takes a Region Conference, Northeast Sustainable Agriculture Working Group (Nov. 2021).


Genevieve Byrne

Publications

"A Guide to Solar Energy in Vermont's Working Landscape," Policies for Multi-functional Solar in Vermont (February 2021).


Amy Laura Cahn

Publications

Federal Dereliction of Duty: Environmental Racism Under COVID-19" (report with José Toscano Bravo, Jeannie Economos, and Rachel Stevens) (September, 2021).

"Investigate Trump Enviro Rollback's Harm to Communities" (with José Toscano Bravo), Law360 (October 2021).

"Tracking the Biden Administration’s Whole-of-Government Approach to Equity and Environmental Justice" (with Zachary Handelman), Vermont Journal of Environmental Law (December 2021).

Presentations

Presenter, "Just Transition, Climate and Environmental Justice," Vermont Climate Council, (April 7, 2021).

Presenter, "Just Transition, Climate and Environmental Justice," Vermont Climate Council, (April 7, 2021).

Invited Lecturer, "What Do We Mean When We Say ‘Justice?’: Environmental and Climate Decision-making at a Crossroads," Hoch Cunningham Environmental Lectures, Tufts Environmental Studies Program (April 22, 2021).

Invited Panelist, "Responding to Calls for Greater Environmental Justice Accountability," D.C. Bar Communities (June 3, 2021).

Invited Panelist, "Combating Environmental Racism: Lessons Learned and Strategies for Change," Thurgood Marshall Institute, NAACP Legal Defense and Educational Fund, Inc. (June 24, 2021).

Invited Presenter, Vermont Climate Council (June 28, 2021).

Paper Presentation, "Blight is Out: New Tools for Redistribution," 7th Annual International and Comparative Urban Law Conference (July 16, 2021).

Invited Panelist, "Introduction to Environmental Justice – Theory, Practice, and Real-World Consequences," Massachusetts Environmental Business Council (October 5, 2021).

Invited Lecturer, "Food Justice: Current Planning and Policy Tools," Tufts University (October 12, 2021).

Invited Lecturer, "Environmental Justice and Title VI: Opportunities for Civil Rights Enforcement," Sierra Club Environmental Law Program (October 14, 2021).

Panel Moderator, "Incorporating Major Business Entities into Clean Energy," Vermont Law Review Symposium: Balancing Corporate & Activist Interests: Clean Energy, Wildlife Protection, and Land Use Reform (November 5, 2021).


Stephen Dycus

Publications 

COVID-19: The Legal Challenges (Stephen Dycus & Eugene R. Fidell, eds.). Durham, NC: Carolina Academic Press (2020).

2021-2022 SUPPLEMENT FOR NATIONAL SECURY LAW (7TH ED.) AND COUNTERTERRORISM LAW (4TH ED.) (with William C. Banks, Emily Berman, Peter Raven-Hansen & Stephen I. Vladeck) (Aspen Publishers 2021).

Presentations

"Nuclear War: Still the Gravest Threat to the Environment," Hot Topics in Environmental Law Lecture Series, Vermont Law School (June 2021).


John Echeverria

Publications

“What is a Physical Taking?” 54 U.C. Davis L. Rev. 731 (2020). 

Looming United States Water Wars” (with Taylor Tavormina), Vermont Journal of Environmental Law (January 2021).

"The National Flood Insurance Program and the Growing Cost of Natural Disasters in the Era of Climate Change" (with Cameron Briggs Ramos), Vermont Journal of Environmental Law (December 2021).

Presentations

Panelist, Recent Developments in Fifth Amendment Takings Jurisprudence, Court of Federal Claims Bar Association (July 19, 2021). 


Hillary Hoffmann

Publications 

"Tribal Ecological Knowledge and the Transition to Ecological Law," a chapter in From Environmental to Ecological Law, (Kirsten Anker, Peter D. Burdon, Geoffrey Garver, Michelle Maloney, & Carla Sbert, eds.) (Routledge, January 2021).

"The Rocky Road to Energy Dominance:  The Executive Branch's Limited Authority to Modify and Revoke Withdrawals of Federal Lands from Mineral Production," 33 Georgetown Envtl. Law Review 173 (Feb. 2021).

"The Constitutionality of Federal Regulation in Indian Country," The Regulatory Review (Mar. 2021).

"Biden’s 30x30 Executive Order: Challenges and Prospects for Natural Resource Conservation" (with Daniel Lee), Vermont Journal of Environmental Law (December 2021).

Presentations

“Restructuring Environmental Federalism: Indigenous Nations and the Future of Environmental Governance in Indian Country,” University of Miami School of Law panel on Environmental Law in Indian Country (Feb. 9, 2021).


Sophia Kruszewski

Publications 

"Defining and Regulating Agritourism" (with Esther Akwii), Center for Agriculture and Food Systems policy brief, Vermont Law School (April 2021).   

"Legal Trends for Farm and Food Operations in the New England Region" (with Gordon Merrick), Center for Agriculture and Food Systems/Legal Food Hub policy brief, Vermont Law School (May 2021).

"State Farm to School Policy Handbook: 2002-2020," (with the National Farm to School Network; July 2021).

Presentations

Panelist, “Recognizing Nature’s Value,” JURIST webinar series (February 26, 2021).

"The Farmers Market Legal Toolkit," InTents: The Farmers Market Conference (March 2021).

"Mask Mandates and the ADA" (with Veronica Gassert MFALP'21), Vermont Farmers Market Association Conference (March 31, 2021).

Panelist, "Key Legal Questions Associated with FSMA Produce Safety Rule Compliance," Produce Safety Alliance Educator's Group (May 2021).


Mark Latham

Publications 

"Is sovereign immunity out of gas in pipeline condemnation case?" SCOTUSBlog (June 30, 2021).


Reed Elizabeth Loder

Publications 

"Ecological Jurisprudence Beyond Earth: Toward an Outer Space Ethic," chapter in From Environmental to Ecological Law (Kirsten Anker, Peter Burdon, Geoffrey Garver, Michelle Maloney & Carla Sbert, eds.), Routledge (January 2021).

"Bears Among Us: Earth Law and Animal-Human Coexistence," chapter in Earth Law: A Practitioner's Guide, Wolters Kluwer (2021). 


Janet Milne

Publications 

Environmental Taxation in the Pandemic Era: Opportunities and Challenges (Co-editor; Edward Elgar, Summer 2021).

Presentations 

"Carbon Pricing in the United States," Plenary Panel on the Future of Carbon Pricing, International Association of Energy Economics Conference, ENERGY, COVID, AND CLIMATE CHANGE (June 7, 2021).

Keynote Speaker, “The Role of Environmental Taxation: Arthur Cecil Pigou at 100,” June 30, 2021, International Union for the Conservation of Nature (IUCN) Academy of Environmental Law’s Annual Colloquium, The Future of Environmental Law: Ambition and Reality (June 28-July 2, 2021).


Jim Murphy

Publications

"To Rebuild or Not to Rebuild? An Examination of NEPA and the Environmental Regulatory State" (with Madison Hertzog), Vermont Journal of Environmental Law (January 2021).

"The U.S. Forest Service's Expanding Use of 'Condition-Based Management' - Functional and Legal Problems from Short-Circuiting the Project-Planning and EIS Process" (with Mason Overstreet,  Andrew Cliburn, Paul Quackenbush, and Madison Prokott), ABA Section on Energy, Environment, and Resources (May 2021).

Presentations

"The Forest for the Trees: Short-Circuiting Environmental Review for National Forest Cuts” (with Mason Overstreet), Hot Topics in Environmental Law Lecture Series, Vermont Law School (June 2021).


Jeannie Oliver 

Presentations

Panelist, "A Just Energy Transition: ROC Community Solar” Clean Energy States Alliance webinar: Solar for Resident-Owned Manufactured Homes Communities (July 2021).


Mason Overstreet

Publications

"The U.S. Forest Service's Expanding Use of 'Condition-Based Management' - Functional and Legal Problems from Short-Circuiting the Project-Planning and EIS Process" (with Jim Murphy, Andrew Cliburn, Paul Quackenbush, and Madison Prokott), ABA Section on Energy, Environment, and Resources (May 2021).

Presentations

"The Forest for the Trees: Short-Circuiting Environmental Review for National Forest Cuts” (with Jim Murphy), Hot Topics in Environmental Law Lecture Series, Vermont Law School (June 2021).


Patrick Parenteau

Publications

"Climate Science and Energy Policy Heading in Opposite Directions" (with Rachael Bruketta), Vermont Journal of Environmental Law (January 2021).

Book Chapter, "Climate Litigation: An Evolving Jurisprudence," in Research Handbook on Climate Change Mitigation Law, 2d ed. Elgar Publishing (forthcoming 2021).

"Beyond the Fence-line: SCOTUS’ Grants Petitions Challenging EPA’s Authority to Regulate Coal-fired Emissions" (with Kevin McElfresh), Vermont Journal of Environmental Law (December 2021).

Presentations

"Rising from the Ashes: The Resurgence of Environmentalism," Widener University Commonwealth Law School (March 12, 2021).

"Building a Successful Legislative Campaign," Environmental Defense Fund Climate Corps Advocacy (March 25, 2021).

"The Constitutional Role of Courts in Crafting Remedies for Climate Disruption," Shapiro Symposium (Webinar), George Washington U Law School (April 9, 2021).

"Judicial Enforcement of Clean Water and Wetland Protection Goals," Webinar, Association of State Wetland Managers (April 13, 2021).

"Baltimore vs. Big Oil: Cities Sue to Recover Damages for Climate Disruption," Hot Topics in Environmental Law Lecture Series, Vermont Law School (June 2021).

"The Climate as a Public Good," Revitalizing Goods Symposium, St Thomas U School of Law (Nov 11, 2021). 

Panel Discussion: "Implications of County of Maui v. Hawaii Defense Fund," Federal Judicial Center (Dec 2, 2021). 


Sarah Reiter

Publications 

"A framework for operationalizing Ocean commitments under the Paris Agreement" (with Cheng, L., Pouponneau, A., Taylor, S., Wedding, L.) Frontiers Climate Law and Policy (2021).

An Upwelling of Support for the Ocean-Climate-Biodiversity Nexus: Progress toward Institutionalization at COP26 (with Caroline Fullam, Aaron L. Strong, and Angelique Pouponneau) Sustainability and Climate Change Vol. 14, No. 6, (December 2021).

Presentations 

"From California to the Clarion Clipperton Zone, a deep dive on the evolution, design principles and function of networks of marine protected areas, with a focus on how ecological law can play a role in ongoing treaty negotiations for marine biodiversity on the high seas," Ecological Law and Governance Association EL&G Webinar Series (June 2021).

Moderator, “A World of Waste in a Wasteful World: Ocean/Water Pollution Panel” Vermont Journal of Environmental Law Symposium. (October 2021).

Panel Moderator, Ocean/Water Pollution Panel, Vermont Journal of Environmental Law Symposium: The World of Waste in a Wasteful World (October 16, 2021).

Invited Lecturer, "What is COP26?" Vermont Law School Environmental Law Society (October 27, 2021).

Event Host, "COP26 Youth Kickoff Event: Meet the Blue Expert," COP26 Virtual Ocean Pavilion (November 1, 2021). 

Contributor (w/ Angelique Pouponneau, Seychelles Conservation and Climate Adaptation Trust), COP26 Green Zone Speaking Engagements, various COP26 Pavilions, (November 1-12, 2021).  

Editor, "The Ocean-Climate Nexus," COP26 Virtual Ocean Pavilion (November 1-12, 2021).   

Editor, "What is COP26?" (November 1-12, 2021).   

Invited Editor (w/ Dr. Lisa Wedding, Oxford Seascape Ecology Lab), "Safeguarding our Coastlines and our Climate," COP26 Virtual Ocean Pavilion, (November 1-12, 2021).

Keynote Speaker, "Veterans Day Program," Vermont Law School (November 11, 2021).


Jonathan Rosenbloom

Publications

“Outsourced Emissions: Why Local Governments Should Measure Consumption-Based Greenhouse Gases,” University of Colorado Law Review (March 18, 2021).

"Goal 11: Sustainable Cities and Communities" in Making America a Better Place for All: Sustainable Development Recommendations for the Biden Administration, ELR News & Analysis (2021).

Local Variation to Lead the Disruption of Contemporary Environmental Law” (with Keith H. Hirokawa), in Environmental Law. Disrupted, Jessica Owley, Keith H. Hirokawa, eds.), ELI Press (2021).

Presentations

"Sustainable Zoning," Benjamin N. Cardozo School of Law (Jan. 20, 2021). 

Moderator, Emerging Environmental Law Curriculum Roundtable Series (with Jenny Rushlow), Vermont Law School (Jan. 28, Feb. 25, and Mar. 25, 2021). 

"Zoning Justice," UCLA School of Law (Feb. 11, 2021).

"Sustainable Development Code and Transportation," University of Iowa School of Law (Feb. 15, 2021). 

Panelist, "Land Use and Racial Justice," University of Idaho School of Law (Mar. 1, 2021).

Panelist, "Beyond the Pandemic: Addressing the Silent Crises in Public Health and Food Security Through Planning" (with Laurie Beyranevand), Western Places | Western Spaces (March 19, 2021).

Panelist, "The Future of Sustainable Land Use," Pepperdine University School of Law (Apr. 5, 2021).

"Sustainable Development Codes and Equity," Princeton, NJ, (May 2, 2021).

"Sustainable Zoning and the Legalizing of Housing," Midwest Regional Sustainability Summit (May 13, 2021).

"Developing Local Ecosystem Governance," Sixth Annual Sustainability Conference of American Legal Educators, Arizona State University (May 14, 2021).


Jennifer Rushlow

Publications

"Wildfires, Soot Standards, and an EPA in Flux" (with Ciara Hopkins), Vermont Journal of Environmental Law (January 2021).

Up Next for Infrastructure: All Eyes on Federal Agencies" (with Sandra Santiago), Vermont Journal of Environmental Law (December 2021).

Presentations

Moderator, Emerging Environmental Law Curriculum Roundtable Series (with Jonathan Rosenbloom), Vermont Law School (Jan. 28, Feb. 25, and Mar. 25, 2021). 

Panelist, "Policy Advocacy: Saving Your Business and the Planet," See Change Sessions 2021 (March 24, 2021).


Emily Spiegel

Publications

"Ecocide: Can the International Criminal Court Hold Polluters Accountable for Mass Environmental Destruction?" (with Rajeev Venkat), Vermont Journal of Environmental Law (December 2021).


Rachel Stevens

Publications

"Unearthing Virtual Pipelines" (with Brad Farrell), Vermont Journal of Environmental Law (January 2021).

New Jersey’s Dirty Secret: The Injustice of Incinerators and Trash Energy in New Jersey’s Frontline Communities,” Report (with Ironbound Community Corporation, New Jersey Environmental Justice Alliance, & Earthjustice) (Feb. 2021).

Presentations 

Presenter, "Clean Energy and Just Transitions," Green Talks, Southeastern Louisiana University's Sustainability Center (Mar. 29, 2021).

Moderator, "Community Conversation with Congressman Peter Welch," Sierra Club Vermont (Mar. 31, 2021).

Presenter, Just Transition, Climate and Environmental Justice, Vermont Climate Council, (Apr. 7, 2021).


Pamela Vesilind

Presentations 

"The CAFO Version 2.0:  Alternate Realities in Administrative Law," Hot Topics in Environmental Law Lecture Series, Vermont Law School (June 2021).

Publications 

"State by State: Setting Farmed Animal Welfare Standards" (with Bailey Soderberg), Vermont Journal of Environmental Law (December 2021).


Delcianna Winders

Publications 

"Captive Wildlife Under the Endangered Species Act," (with Jared Goodman & Heather Rally, in Endangered Species Act (Donald C. Baur & Ya-Wei Li eds., 3d ed. Summer 2021).

"Slaughterhouse Deregulation: A View of the Effects on Animals, Workers, Consumers, and the Environment," (with Jessica Chapman & Ingrid Seggerman) The Brief, American Bar Association (Summer 2021).

Presentations 

"Proposing a Federal Slaughterhouse Oversight Commission." Presentation at Phoenix Zones Initiative, Just One Health ECHO, (Oct. 21, 2021).

"Animal Welfare Act Implementation and Litigation," Presentation at Harvard Law School (Oct. 27, 2021).


L. Kinvin Wroth

Publications

“Lawyers and Ecological Law,” chapter in From Environmental to Ecological Law (Kirsten Anker, Peter D. Burdon, Geoffrey Garver, Michelle Maloney, & Carla Sbert, eds.), Routledge (2021).

Presentations

Co-organizer and participant, “After NAFTA: The US Mexico Canada Agreement [USMCA] and Sustainability" (with Hoi Kong, Allard School of Law, University of British Columbia), Vermont Law School.