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Greetings from the Steering Committee As spring arrives, we want to thank all of you who participated this past year in D.C. Bar activities. We encourage each member to assist in identifying opportunities, organizing programs and events and, of course, attending programs and events. Once again, the Section had a very productive year in terms of continuing legal education programs and updates on policy and regulatory changes by various agencies. One focus this year has been to identify programs of interest offered by other organizations. We have co-sponsored several programs and expect to identify additional programs in 2007. In 2006, we also increased our efforts to identify community outreach projects that may interest Section members. We will continue these efforts in 2007. Our planning for 2007 continuing legal education programs has been quite robust. We started the New Year with “Catch the Next Wave of Ocean Energy Development,” which focused on development of energy resources in marine environments. This program, held on January 10th, was cosponsored with the Environmental Law Institute. The ascent of the Democratic Party in Congress presents new opportunities for additional programs in early 2007. We held a program on February 12, 2007 to discuss with staff leaders of the Senate and House environmental committees what the priorities of these committees will be during the 110th Congress; similar programs with resource and energy Congressional Committees may follow. Check the EENR section of the D.C. Bar Web site for a list of the scheduled programs. In 2006, the Section, with an assist from the D.C. Government and several individuals (over the years), has completed the “Citizens’ Guide to Environmental Law.” The Guide is posted on the EENR section of the D.C. Bar website. Thanks to all of those folks who helped make it happen! You will find in the remainder of the newsletter committee updates, reports on recent Section activities, an upcoming events schedule, and committee chair and steering committee rosters. To find out more about the section and our various committees – or even better, to get involved in organizing programs or serving in Section leadership - please visit the EENR page. Please consider joining one or more of our various topical committees by contacting the committee chairs directly. We look forward to seeing you at upcoming section activities. Please keep in touch. Sheila Jones & Karen Wardzinski EENR Section cochairs sjones@akingump.com karen.wardzinski@usdoj.gov Back to Top Announcements Author, Author We are pleased to introduce a new column devoted to announcement of publications (articles, books, etc.) by EENR members. If you would like to post an announcement regarding a publication, please send an email including the author(s), title, publisher and a brief synopsis to Felicia Lopez, EENR intern, at fmlopez2004@aol.com. Authors must be members of the EENR Section. If the publication is available on the Internet, we can embed an active link in the announcement. However, please note that the section cannot print or attach any publications to our newsletter. Call for Programs The EENR is soliciting its members for ideas for new topical programs, events and activities. What would you like to see covered? What activities would you like to see the section sponsor or be involved in? If you would like to organize a program or event, please contact the appropriate committee chair(s) or the section cochairs Sheila Jones and Karen Wardzinski. Back to Top Farewell from Robert Faron As chair of the EENR Energy Committee for the past three years, it has been my privilege to work with the terrific members of the D.C. Bar and other interested attorneys, all of whom gave generously of their professional knowledge and time to produce programs of great topical relevance to energy lawyers and others who interact with this most vital sector of our economy. I hope the programs have been helpful in advancing the understanding of the section members. Peter Schaumberg brings to his new role as chair of the EENR Energy Committee decades of practical, in-depth knowledge of the energy sector and the resources that go into powering our nation. I wish him well in his new endeavor. Join him! It is great fun to get involved! Back to Top Author, Author This article is a 16-page PDF document. Committee Updates Animal Law Committee Ethan Eddy, Chair Humane Society of the U.S. The Animal Law Committee provides a forum for learning about one of the fastest growing areas of law. Over 40 law schools now offer classes in animal law, including Georgetown, George Washington, Harvard, Yale, Columbia, and Duke, and several law journals are now dedicated to animal law. Animal law topics of interest include: access rights of people with disabilities and their service animals, animals used for food, animals used in experiments, veterinary malpractice, estate planning for companion animals, custody and visitation, animal control and enforcement, animal sheltering, animal fighting and cruelty, dangerous pets, keeping of exotic animals, animal breeding, and dog and cat overpopulation. I am honored to serve as the new chair of the Animal Law Committee. I want to thank outgoing chair Mindy Kursban for her hard work and leadership in founding the committee and helping it grow over the last few years. We are actively working with the D.C. Bar to plan a three-credit animal law CLE course for 2007. This course is designed for a general audience and will provide an overview of all areas of the law pertaining to animals, from estate planning to animal cruelty prosecutions. In the upcoming months we will also be working with the EENR Section to update the animal publications currently available on the section’s web page. We also hope to offer at least one panel discussion during the winter or spring. Please contact me at eeddy@hsus.org if you have questions about the committee. I welcome your thoughts and ideas, and look forward to meeting you. Back to Top Community Outreach Committee Anna L. Wolgast, Chair U.S. Environmental Protection Agency The Community Outreach Committee seeks to provide information about, as well as facilitate, pro bono efforts addressing environmental issues that affect the D.C. community. Members of the EENR Section have compiled a Citizen’s Guide to Environmental Law highlighting legal tools available to residents when tackling local environmental problems. The Citizen’s Guide is currently available on the D.C. Bar Web site. Committee members will also now see a direct link to the D.C. Bar’s pro bono site under outreach on the EENR web page. This link is provided in order to help promote participation by the Committee in future pro bono activities. We hope to sponsor one or more specific events in the near future. If you have questions or comments about the Outreach Committee’s activities, or require further information, please contact Anna Wolgast at wolgast.anna@epamail.epa.gov. Back to Top Energy Committee Peter Schaumberg, Chair Beveridge & Diamond PC The Energy Committee seeks to provide educational and informational opportunities to EENR section members and D.C. Bar members at large on a variety of energy related topics. The committee regularly sponsors brown bag talks, luncheon seminars and roundtables, as well as cosponsors events with other D.C. Bar sections, and occasionally with the ABA SEER Energy committees. I feel very privileged to have been selected as the next chair of the Energy Committee. Bob Faron has done an exceptional job guiding the committee for the past several years and it will be a real challenge to maintain the level of commitment and enthusiasm he has devoted to the committee and the D.C. Bar. I will endeavor to continue his tradition of developing interesting programs to enhance the value of Section membership. I am grateful that Bob has offered to remain involved in committee activities and programs to provide a helpful dose of continuity. Energy issues today affect everyone’s lives, and dependence on foreign sources of supply raise important economic and national security issues. D.C. Bar members in the public and private sectors struggle with these issues every day. I plan to work with committee members to offer timely, stimulating and educational programs on a broad range of energy related topics. On January 10, 2007, we held a program in conjunction with the Environmental Law Institute to address many of the urgent issues involving development of the energy resources of our oceans. Entitled “Catch the Next Wave of Ocean Energy Development,” the program had three panels of distinguished presenters addressing many ocean energy topics including traditional oil & gas, liquefied natural gas, and new regulatory programs for alternative energy development such as wind and wave energy. One entire panel focused on cooperation between the federal and state governments, the role of coastal states, and the various responsibilities of the National Oceanic and Atmospheric Administration (NOAA) regarding ocean energy development. The program was very well attended. The Energy Committee is always looking for active participation by EENR section members, particularly new practitioners. We welcome new ideas for programs and activities. Please contact Peter Schaumberg directly at pschaumberg@bdlaw.com. Back to Top Indian Law Committee Dean B. Suagee, Chair Hobbs Straus Dean & Walker LLP The committee on Indian Law seeks to provide educational programs and a forum for discussion of developments in the field of federal Indian law with an emphasis on environmental, energy and natural resources practice. The committee is relatively new, having been created in 2004. Any member of the section can join this new committee and help to plan future programs. On May 3, 2007 the Indian Law Commiittee will hold a joint brownbag program with the ABA’s Section of Environment, Energy & Resources, Native American Resources Committee entitled Indian Tribes and Energy: Implementation of the Indian Energy Title of the 2005 Energy Policy Act. The panel discussion features key officials of the Department of Energy and Department of the Interior who will report on what DOE and DOI are doing to carry out their mandates under the Indian Energy title. The committee is chaired by Dean Suagee, of counsel with Hobbs, Straus, Dean & Walker LLP. For further information, please contact Mr. Suagee at dsuagee@hsdwdc.com or (202) 822-8282. Back to Top International Committee Jim Rubin, Chair Hunton & Williams, LLP The International Environmental Law Committee seeks to provide educational programs on cutting edge issues of international environmental law. The committee chair is Jim Rubin. You may also contact Charles Di Leva. Both welcome your input and appreciate your membership. For further information, please contact Mr. Di Leva at cdileva@worldbank.org, or Mr. Rubin at jrubin@hunton.com. Back to Top Natural Resources Committee James Walpole, Chair NOAA General Counsel Fred Wagner, Vice Chair Beveridge & Diamond The EENR Section’s Natural Resources Committee covers a broad range of natural resource issues, including public lands use and management, forest resources, endangered species, coastal zone issues, wetlands, water quality and water resources, mining and minerals management, and environmental impact assessment. The committee is now chaired by Jim Walpole, NOAA general counsel. For further information, please contact Mr. Walpole at james.r.walpole@noaa.gov or (202) 482-4080. Back to Top Recent Section Events Implementing the New Green Building Laws and Programs in the District of Columbia and Surrounding D.C. Metropolitan Region February 13, 2007 On Tuesday, February 13, 2007 our section presented a brownbag program on “Implementing the New Green Building Laws and Programs in the District of Columbia and Surrounding D.C. Metropolitan Region.” The program was jointly sponsored with the Corporation, Finance and Securities Law Section and the Real Estate, Housing and Land Use Section . The program highlighted the legislation recently passed by the D.C. Council which includes Green Building rules for private development. The legislation makes Washington DC the first major city to require private developers to adhere to the standards of the U.S. Green Building Council. The panel of experts explored this D.C. bill which joins the Montgomery County Green Building legislation and the green requirements that Arlington VA is also considering in 2007. The panel included Corey Buffo, Interim Director, D.C. Department of the Environment who spoke on the "Genesis, the Challenges and the Opportunities for Implementing the GBA.” Other speakers included Leanne Tobias, principal, Malachite LLC, Bethesda, MD who discussed “How Can the New Ordinances Benefit Developers, Builders, Architects, Engineers and Consumers?” ; Michael J. Zimmer, Thompson Hine LLC, Washington, DC who spoke on the “Key Implementation Issues and Challenges for the Future ;” and Sean C. Cahill, Louis Dreyfus Property Group, Washington, D.C. who spoke about the “Local Real Estate Developer’s Point of View.” This was a particularly valuable session since Louis Dreyfus has built the first Green LEED Silver in the District and has three other LEED projects in various stages of development. Robert S. Faron, Esq., of the Law Offices of Robert S. Faron, who is vice-chair of EENR’s Energy Committee, opened the session by discussing “What Are the New Requirements for Developers, Builders, Designers and other Stakeholders?” Copies of the presentations are available from Mr. Faron. He may be reached at rsfaron@verizon.net. Back to Top Environmental Issues In the 110th Congress February 12, 2007 The 2006 mid-term elections brought major changes to the U.S. Congress. On February 12, 2007 the section held a brownbag program featuring key staff of the primary Senate and House environmental committees to hear firsthand what will be the goals and priorities for their committees during the 110th Congress. Panelists who discussed what legislation and issues will take the spotlight during this new Congress included Bettina Poirier, majority staff director of the Senate Environment & Public Works Committee (EPW), Andrew Wheeler, minority staff director of EPW, and Richard Frandsen, chief counsel to Congressman John Dingell who is chair of the House Energy & Commerce Committee. Robert Van Heuvelen, chief of staff to Senator Kent Conrad, and a past steering committee member of the Environment, Energy and Natural Resources section moderated this lively discussion to a standing room only crowd. Back to Top Second Annual Legal Dimensions of Climate Change Conference November 8, 2006 The EENR, in cooperation with the International Committee, sponsored a very successful one day conference on the legal dimensions of climate change. Hosted at the American University College of Law, presentations on various aspects of climate change and the law were made to a capacity audience. Discussion was centered around four panels. The first, “Climate Change and Litigation,” focused on domestic, as well as international litigation, outlining active and important cases in each venue. The second, “Climate Change and Energy Project Development,” explored a wide range of projects from conventional to clean energy, and energy efficiency projects. The third panel, “Emissions Trading Transactions,” discussed transactions under the Clean Development Mechanism, joint implementation, the European Union Emissions Trading System, and voluntary U.S. markets. The fourth panel, “Climate Change and Business Planning,” addressed a broad range of carbon due diligence issues, including due diligence for transactions, projects, mergers and acquisitions, officer liability, corporate governance, and climate change. This was one of our finest and most popular programs this year, with lively panels participants and an engaged audience. If you were unable to attend this year, we hope you will join us next time. For additional information, please contact Jim Rubin. Back to Top Meet the General Counsel: Corey Buffo, General Counsel, D.C. Dept. of the Environment November 8, 2006 The EENR was pleased to sponsor a luncheon program with Corey Buffo, general counsel of the new District of Columbia Department of the Environment (DDOE), which was created earlier this year by the District Department of Environment Establishment Act. Mr. Buffo spoke to a lively audience about the incredibly broad portfolio that DDOE has inherited, and now administers as a consolidated cabinet-level department having brought together disparate programs and offices formerly housed in DOH, DCRA, DPW and elsewhere. As described by the agency’s Web site, the DDOE is a “one-stop-shop” for environmental, energy, and related issues, including environmental enforcement, permitting, green building, energy efficiency, brownfields, stormwater, USTs, pesticides, and lead paint. The agency is served by Mr. Buffo and four staff lawyers within the Office of Attorney General. Back to Top Meet the General Counsel: David R. Hill,
General Counsel, U.S. Department of Energy
Also discussed was the department’s Strategic Petroleum Reserve
and power marketing administrations, and the unique legal issues arising
from DOE’s extensive use of contractors to manage and operate many
of its national laboratories and cleanup projects. Mr. Hill went on to
describe some of the many issues involved in the implementation of the
Energy Policy Act of 2005, including the rising interest in nuclear power
as a GHG free source of energy, nuclear research into new technology for
development, electric transmission reliability and congestion, appliance
efficiency standards, and Yucca Mountain. Rapanos v. United States &
Carabell v. Army Corps of Engineers: Recent Supreme Court Decisions
Not surprisingly, given the fractured decisions, the discussion raised
more questions than it answered. One of the most intriguing questions
raised is why the justices aligned the way they did, given some of the
language in the various opinions, suggesting that alliances may have shifted
after the initial conference and drafting assignments. Upcoming Events The Section has a number of interesting substantive and social events scheduled throughout the spring and summer months. We highlight several here, and urge you to mark your calendars. Visit the EENR Section events page for a complete list of Section sponsored or cosponsored events, as well as registration information. 1. Discussion with James R. Walpole, general counsel, National Oceanic and Atmospheric Administration, U.S. Department of Commerce Date: Thursday April 19, 2007 Time: 12:00–1:30 pm Location: D.C. Bar Conference Center 2. Indian Tribes and Energy: Implementation of the Indian Energy Title of the 2005 Energy Policy Act Date: Thursday, May 3, 2007 Time: 12:00-2:00 pm Location: Akin Gump Strauss Hauer and Feld, 1333 New Hampshire Avenue, NW (DuPont Circle) Mark Your Calendar Leadership Roster |
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