- Greetings from the Steering Committee
- Announcements
- Changing Of The Guard
- Author, Author
- Committee Updates
- Recent Section Events
- Pro Bono Opportunities in Environmental Law
- China in the Emerging Legal Environment
- Perspectives on Environmental Protection in China
- "Painless" Pro Bono Opportunity
- General Counsel Series: David R. Hill, General Counsel, U.S. Department of Energy
- General Counsel Series: Roger Martella, General Counsel, U.S. Environmental Protection Agency
- Pro Bono Opportunities in Environmental Law
- Shareholder Resolutions and Social Advocacy
- Upcoming Events
- Leadership Rosters
Greetings from the Steering Committee
We encourage each member to assist in identifying opportunities, organizing programs and events and, of course, attending programs and events.
The newsletter provides 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 website.
Please consider joining one or more of our various topical committees by contacting the committee chairs directly.
Jim Rubin, Section Co-Chair
Anna Wolgast, Section Co-Chair
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Announcements
Author, Author
Please let us know if you have recently published an article, book,
etc. that you’d like to share with other EENR
members. To post an announcement, pleasesend an email including the
author(s), title, publisher and a brief synopsis to Katherine
Aversano, EENR publication intern. 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 continues to solicit 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?
IIf you would like to organize a program or event, please contact the appropriate Committee Chair(s) or the Section Co-Chairs, Jim Rubin and Anna Wolgast.
Changing Of The Guard
Anna Wolgast, Administrative Appeals Judge at the Environmental Appeals Board, U.S. EPA and Jim Rubin, senior attorney at Hunton & Williams L.L.P., were elected as new co-chairs of the Section.
Karen Wardzinski steps down as cochair of the Environment, Energy and
Natural Resources Section after 6 years of service. Over two terms on
the Steering Committee, Karen organized many topical programs on environmental
issues, particularly Congressional legislative updates, coordinated
the Section's Practice Manual and Citizen's Guide, and served as liaison
to the ABA Section on Environment, Energy and Resources. Karen is Assistant
Section Chief of the U.S. Department of Justice Environmental and Natural
Resources Division Law and Policy Section. Karen intends to remain active
in the Section. The EENR heartily thanks Karen for her many years as
a valuable member of the leadership, and a great friend to all.
The EENR would like to extend its thanks to our outgoing co-chair, Shelia
Jones. Sheila, who heads the environmental litigation group within the
Environment, Land Use and Project Development practice group at Akin
Gump, has been an active member of the Section for many years, serving
the Section in many important roles. Most recently she has ably lead
the Section as co-chair of its Steering Committee.
Among her notable accomplishments was the creation of an Indian Law Committee which has sponsored a number of engaging programs on Native American issues arising in the environment, energy and resources fields. Sheila also increased the EENR's co-sponsorship with the ABA on a wide-range of environmental topics. During her tenure, Shelia worked closely with other DC Bar Sections on a number of issues aimed at improving EENR’s usefulness and helped develop more opportunities for Section members to participate in community outreach. Prior to serving as co-chair Sheila served in a number of different roles with the Steering Committee as a member of the Committee's Nominating Committee for several years and as Section Coordinator for the Practice Manual. She has been a strong leader who has worked hard on behalf of the Section. We are most grateful for her services and friendship.
Author, Author
EENR has produced a Citizens Guide to Environmental Law in the District of Columbia, and regularly provides updates to the document as laws change. EENR will work to ensure that relevant chapters of the Citizens Guide are updated and made part of the D.C. Bar’s Practice Manual.
Max Williamson and Chris McKensie at Beveridge & Diamond, P.C. have published an article in BNA Toxic Reporter entitled: Corporate Affiate Liability After U.S. v. Bestfoods, 22 BNA Toxics L. Rep. 47 (Dec. 6, 2007).
In addition, the Animal Law Committee is currently in the process of publishing a pamphlet entitled "Animal Law in the District of Columbia." This document is a summary of all Washington D.C. laws that pertain to animals, from leash laws to animal fighting. We hope to place the pamphlet on the website in the near future.
Committee Updates
Animal Law Committee
Ethan Eddy, Chair
Humane Society of the U.S.
In December, the Animal Law Committee of the EENR hosted a seminar,
co-sponsored by the Environmental Law Institute, entitled “Alternatives
to Toxicity Testing in Animals: What a Changing Regulatory Landscape
Means for Lawyers, Scientists, and Animal Advocates.”
The focus of the panel was a recent EPA / National Academy of Sciences
report that advocates changing regulatory toxicity testing from animal-based
testing to non-animal methods, in an effort to generate more robust
data and test chemicals more efficiently.
The committee thanks all of the distinguished speakers: Paul Locke, JD, Ph.D, Associate Professor, Johns Hopkins Bloomberg School of Public Health; Don Elliott, Esq., Partner, Wilkie, Farr & Gallagher; Dan Krewski, University of Ottawa; Kevin Crofton, United States Environmental Protection Agency; and Martin Stephens, The Humane Society of the United States.
The committee is currently planning upcoming panels on toxicology testing, animals in entertainment, and wildlife trade and trafficking.
In the coming months, the Animal Law Committee plans educational events on animal fighting, wildlife trafficking, and the link between animal abuse and domestic violence. Please contact the chair, Ethan Eddy, for more information.
Community Outreach Committee
Janice Schneider
Latham and Watkins LLP
Brenda Mallory
U.S.EPA
Amy McDonnell
Chesapeake Bay Foundation
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 Community Outreach Committee hosted “Pro Bono Opportunities
in Environmental Law” on October 15, 2007. For further information
on the program please reference this newsletter’s “Recent
Section Events.”
The committee is held another Pro Bono Opportunities in Environmental Law panel for Wednesday, February 6, from 12-2:00 at the D.C. Bar's conference center, located at 1250 H Street NW, near Metro Center in downtown D.C. The panel featured representatives from local and national environmental organizations who will speak about pro bono needs and opportunities for their respective organizations, including the National Audubon Society, the Maryland Alliance for Greenway Improvement and Conservation and the National Parks Conservation Association.
On February 27, the section will cosponsor with the Administrative Law and Agency Practice Section a panel on careers in environmental law at Catholic University Law School. Panelists will include the Anna Wolgast, Brenda Mallory, Barry Roth and Jim Rubin. For more information, please contact Jim Rubin.
The section also participated in the D.C. Bar’s November 3, 2007 advice and referral clinic. For more information on this program, please reference this newsletter’s “Recent Section Events.”
Energy Committee
Peter Schaumberg, Chair
Beveridge & Diamond PC
The Energy Committee and the Environmental Law Institute (ELI) jointly put together a new ocean seminar series, Managing Industrial Oceans, that will bring together ocean, energy, shipping, and other experts from government, academia, the private sector, and non-governmental organizations to begin a dialogue on how to best manage our increasingly industrialized oceans.
The first seminar, entitled Emerging and Expanded Ocean Uses: Scientific and Regulatory Uncertainty, was held on Wednesday, February 13th from noon to 2 pm at ELI's offices and featured the following speakers: Karen Hansen, a partner at Beveridge & Diamond, P.C.; James Walpole, former NOAA general counsel, and Margaret Leinan from CLIMOS. Kathryn Mengerink of ELI moderated the discussion.
Future seminars in the series throughout 2008 will cover energy issues such as the development of alternative ocean energies (wind, wave and current energy), LNG ports and establishing a regulatory framework that provides regulatory certainty for industry but mitigates climate change impacts. Other seminars in the series will address non-energy ocean issues such as ports, shipping and the Clean Air Act
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.
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.
The committee is chaired by Dean Suagee, of counsel with Hobbs, Straus, Dean & Walker LLP. Section members who would like to help plan future programs are invited to contact Mr. Suagee.
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.
On November 30, 2007, EENR teamed up with the Energy Bar Association to offer a primer on climate change. John Dernbach, Professor of Law at Widener University, gave an overview of U.S.policy and legal issues involving climate change. He was followed by a panel on the elements of a cap-and-trade system for carbon regulation, consisting of Brian McLean, Director of Atmospheric Programs at EPA; Franz Litz of World Resources Institute, Dallas Burtraw, Senior Fellow at Resources for the Future; and Jeff King, Credit Suisse.
The program provided a great introduction to the issues surrounding climate change and, in particular, elements that must be considered in developing an effective market-based system to control greenhouse gas emissions. Over a hundred participants filled the Ronald Reagan Center for the primer, interrupted only by a full-scale fire drill that evacuated the entire Center for 20 minutes during the panel discussion!
March 12 is the tentative date for a great program on carbon finance with speakers from World Bank, AEP, Natsource and the International Emissions Trading Association, among others.
Also, the D.C. Bar is the co-host of a monthly teleconference sponsored by the ABA SEER Climate Change, Sustainable Development and Ecosystems Committee.
We are also interested in additional suggestions or assistance by bar members. Please contact Jim Rubin or Charles Di Leva with your comments.
Natural Resources Committee
James Walpole, Chair
Beginning in February, the Natural Resources Committee co-sponsored the Ocean Resources seminars with the Environmental Law Institute. Jim Walpole was a panelist at the February 13 session.
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.
On March 5, EENR will cosponsor a program with the ABA SEER committee
on Climate Change, Sustainable Development and Ecosystems on International
Developments for Ecosystem Services. Speakers will include Ahmed Djoghlaf,
Executive Secretary of the Convention on Biological Diversity, Tundy
Agardy, Millennium Ecosystem Assessment
and Executive Director of Sound Seas, and
Charles DiLeva, World Bank .
The committee is chaired by Jim Walpole, former NOAA General Counsel. For further information, please contact Mr. Walpole.
Recent Section Events
Pro Bono Opportunities in Environmental
Law
October 15, 2007
Upwards of 50 attorneys interested in environmental pro bono opportunities attended a Brown Bag Program, sponsored by the EENR Community Outreach Committee. Numerous representatives from environmental organizations offered prospects.
The pro bono opportunities presented were varying, including ethics, litigation, transactional, tax, code enforcement, and long-range stewardship of conservation easements.
Latham and Watkins LLP hosted the luncheon event, lasting from 12:00-2:00pm.
For anyone who was unable to attend, please feel free to contact the speakers directly and find out more about their organizations and what types of pro bono opportunities that may be available.
Robert Boone, President,
Anacostia Watershed Society
robert@anacostiaws.org
301-699-6204
Desiree Sorenson-Grove,
National Wildlife Refuge Association
dgroves@refugenet.org
202-333-9075 x23
Meredith Lathbury,
Eastern Shore Land Conservancy
mlathbury@eslc.org
410.827.9756, ext. 167
Jonathan Lovvorn
Humane Society of the United States
jlovvorn@hsus.org
202-955-3669
Mary Pat Rowan,
Washington Central Parks and Maryland Native Plant Society
blair-rowan@starpower.net
202-526-8821
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China in the Emerging Legal Environment
October 25, 2007
On October 25, the EENR Section cosponsored the CLE course “How to Conduct Business in the Current Chinese Legal Environment: Myths and Facts.” In addition to EENR, the Co-Sponsors consisted of the Corporation, Finance and Securities Law Section and the International Law Section.
There were 55 registrants including a group of Chinese attorneys who were participating in internships at U.S. law firms.
The program addressed the Chinese legal system, the topic of how to establish a business in China, equity investments in China, technology transfers, and practical experiences in China.
With the growing Chinese market and the influence China has on the global environment, the program proved to be successful at informing environmental attorneys about the basics of Chinese government policy.
Copies of the course book are available through the D.C. Bar CLE Office
for $40. Contact H. Lalla Shishkevish at the CLE 202-626-3488 for further
inquiries regarding the course book
Perspectives on Environmental Protection in China
October 30, 2007
The EENR and the International Law Section presented an Off-the-Record Brown Bag Program on environmental protection in China.
The educational program centered on the country’s explosive growth in economic development and world trade, and the resulting impacts not only on China’s environmental challenges but on that of its trading partners.
With the 2008 Summer Olympics looming, China is the focus of much environmental discussion. The effectiveness of China’s environmental regulations and the global impact of China’s environmental decision-making was addressed by the speakers.
The speakers, Steve Wolfson, EPA Office of General Counsel, Roger Martella, EPA, General Counsel, Hongjun Zhang, Ph.D., partner on Holland & Knight’s China team, and Jennifer Turner, Ph.D., Director, China Environment Forum. Jim Rubin, Chair of the EENR International Law Committee, moderated the event.
Many thanks to Akin Gump Strauss Hauer & Feld for hosting the event.
“Painless” Pro Bono Opportunity
November 3, 2007
For the second time in 2007 (May and November), EENR sponsored a pro bono session on Saturday morning to bring 5-6 volunteers together with local volunteers from law firms and government offices to staff the D.C. Bar’s Pro Bono Program’s free Advice and Referral Clinic at Bread for the City in NW Washington.
The clinic provides D.C. area citizens with basic legal advice on issues such as consumer, landlord/tenant and family law matters.
Volunteers conducted intake and provide referrals. No prior experience was necessary and volunteers were not responsible for follow up legal work beyond the referrals.
The participants enjoyed providing assistance to the community and they found it to be easy, direct, and rewarding. Many thanks to our volunteers for making their time and talents available to the needy.
If there are further questions about the clinic or about other Pro
Bono opportunities through the D.C. Bar, contact Leah Myers, Staff Attorney
at the D.C. Bar Pro Bono Program, (202) 737-4700 ext. 380.
General Counsel Series: David R. Hill, General Counsel, U.S. Department of Energy
December 10, 2007
In conjunction with the Administrative Law Section, the General Counsel Series held its first lecture this winter, kicking off the series with David R. Hill. The lunch took place at the D.C. Bar Conference Center from 12:30-2:00pm.
Mr. Hill spoke of the specific functions of his office and the role that his office plays in meeting important national energy goals. The mission of the Department of Energy is to advance energy security, technology, diversity and conservation. These endeavors are at the heart of the Department of Energy and Mr. Hill’s position as general counsel.
While speaking about the Energy Policy Act of 2005, Mr. Hill displayed
his experience and knowledge to the crowd of attendees. Mr. Hill was
sworn in as General Counsel at the Department of Energy in August of
2005 after being unanimously confirmed by the U.S. Senate on July 28,
2005.
General Counsel Series: Roger Martella, General Counsel, U.S. Environmental Protection Agency
January 23, 2008
This off-the-record luncheon program took place from 12:30-2:00pm at the D.C. Bar Conference Center. It was cosponsored by the EENR Section, the Litigation Section, and the Administrative Law and Agency Practice Section of the D.C. Bar.
Before a full house, Roger described "Environmental Law in the Next Generation," positing that environmental law today is more interrelated, forward-looking and global than ever. He discussed a number of areas where this was occurring, including climate change, sustainability, environment, and energy, nanotechnology, endangered species, conflict resolution/ADR, international capacity building and local government leadership. In these diverse areas, he described how EPA was using old tools to meet new challenges, while developing new tools and strategies where necessary. Roger also spent some time discussing EPA's program with China and his experiences there (he gave a similar presentation on China to the section in 2007).
We hope to put Roger's power point up on the EENR web site in the near future.
Pro Bono Opportunities in Environmental Law
February 6, 2008
The D.C. Bar presented a brown bag program featuring several top national and local environmental organizations with pro bono needs.
The program featured speakers from the Audubon Naturalists Society and the Maryland Alliance for Greenway Improvement and Conservation “MAGIC.”
Thank you to Sara Orr, of Latham & Watkins, for moderating this event.
Shareholder Resolutions and Social Advocacy
February 19, 2008
Shareholder resolutions have become a potent and effective, but controversial, tool for public interest organizations to advance environmental, social, and human rights issues through the use of the corporate governance process and attendant media attention. Recent campaigns have addressed climate change, animal testing, recycling, and human rights.
At the D.C. Bar Conference Center, the conversation centered around the many perspectives in the climate change debate. Speakers discussed the rise of shareholder advocacy, including specific discussion of the legal, policy and corporate dimensions of social advocacy, how resolutions are presented, what issues can be advanced, and the rules for responding to such measures.
Upcoming Events
Environmental Career Panel at Catholic University Law School
On February 27, the section will cosponsor with the Administrative Law and Agency Practice Session a panel on careers in environmental law at Catholic University Law School.
Panelists will include practitioners from the D.C. and federal governments
as well as non-profit organizations and the private bar. Our section’s
own Anna Wolgast, Brenda Mallory, Barry Roth and Jim Rubin will be panelists.
Law students from the area schools will be invited to attend.
For more information, please contact Jim
Rubin.
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International Developments for Ecosystem Services
On March 5, EENR will cosponsor a program with the ABA SEER committee
on climate, sustainable development and ecosystems on International
Developments for Ecosystem Services. Speakers will include Ahmed Djoghlaf,
Executive Secretary of the Convention on Biological Diversity, Tundy
Agardy, Millennium Ecosystem Assessment
and Executive Director of Sound Seas, and
EENR”s own Charles DiLeva, World Bank.
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Carbon Finance and Climate Change Brown-bag
On March 12 EENR will cosponsor “Global Climate Change and Carbon Finance: A Primer for Lawyers,” a Brown-bag Off-the record program.
The program will address the status of international rules and programs under the Kyoto Protocol, the linking of forest protection efforts to credit-based trading, how the European Trading System has worked and influenced the development of domestic programs, efforts to ensure the integrity of credits and how national trading programs might work and interact with regional and international systems.
Speakers at the event include Thomas Duvall, Chief Counsel, World Bank, Bruce Braine, Vice President for Strategic Policy Analysis, American Electric Power, Dirk Forrister, Managing Director, Natsource, and Tauna Szymanski, Hunton & Williams LLP.
Hunton & Williams LLP will host the Brown-bag from 12:00-2:00pm.
Conference Case Study of Recent D.C. Laws
On April 11 EENR will cosponsor the 2008 Judicial & Bar Conference on “Guns, Germs and Toxic Waste: Testing New Laws in the District of Columbia.”
The Conference is sponsored by the D.C. Bar District of Columbia Affairs
Section and will be held at the Ronald Reagan Building and International
Trade Center, 1300 Pennsylvania Ave. NW. For complete information on
the event, visit www.dcbar.org/conference
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EENR Program Ideas in Progress
EENR is currently planning future programs on animal law; energy; Indian law (including religious freedom cases with the ABA in January), trade in wildlife and natural resources; and international environmental arbitral disputes (with the International Section’s committee on disputes and arbitration). Co-sponsorship is always encouraged and EENR is eager to work with other sections on joint programming.
Leadership Rosters
Committee Chair Roster
Animal Law
Ethan Eddy, Chair
Humane Society of the U.S.
2100 L Street NW
Washington, DC 20037
Phone: (202) 676-2329
Fax: (202) 778-6132
E-mail: eeddy@hsus.org
Community Outreach
Brenda Mallory
US Enviornmental Protection Agency
Office of General Counsel
Washington DC 20460
Phone: 202-564-0633
Fax: 202-564-5644
E-mail: mallory.brenda@epa.gov
JAmy McDonnell
The Chesapeake Bay Foundation
6 Herndon Avenue
Annapolis MD 21403
Phone: 443-482-2153
Fax: 410-268-6687
E-mail: mcdonnellamy@prodigy.net
Energy
Peter J. Schaumberg, Chair
Beveridge & Diamond, PC
1350 I Street NW, Suite 700
Washington, DC 20005-3311
Phone: (202) 789-6043
Fax: (202) 789-6190
E-mail: pschaumberg@bdlaw.com
Indian Law
Dean B. Suagee, Chair
Hobbs Straus Dean & Walker LLP
2120 L Street NW
Suite 700
Washington, DC 20037
Phone: (202) 822-8282
Fax: (202) 296-8834
E-mail: dsuagee@hsdwdc.com
International
James Rubin, Chair
Hunton & Williams LLP
1900 K Street NW
Washington, DC 20006
Phone: (202) 955-1611
Fax: (202) 828-3735
E-mail: jrubin@hunton.com
Natural Resources
James Walpole, Chair
Fred R. Wagner, Vice Chair
Beveridge & Diamond PC
1350 I Street NW, Suite 700
Washington, DC 20005
Phone: (202) 789-6041
Fax: (202) 789-6190
E-mail: fwagner@bdlaw.com
Publications
Max Williamson, Chair
Beveridge & Diamond PC1350 I Street, NW
Suite 700
Washington, DC 20005
Phone: (202) 789-6084
Fax: (202) 789-6190
Email: dwilliamson@bdlaw.com
Steering Committee Roster
Charles E. Di Leva
The World Bank
1818 H Street NW
Washington DC 20433
Phone: (202) 458-1745
Fax: (202) 522-1573
Email: cdileva@worldbank.org
Sheila D Jones
Akin, Gump, Strauss, Hauer & Feld LLP
1333 New Hampshire Avenue NW
Washington, DC 20036
Phone: (202) 887-4000
Fax: (202) 887-4288
Email: sjones@akingump.com
Ann R. Klee
Crowell & Moring, LLP
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595
Phone: (202) 624-2720
Fax: (202) 628-5116
Email: aklee@crowell.com
Amy McDonnell
The Chesapeake Bay Foundation
6 Herndon Avenue
Annapolis, MD 21403
Phone: 443-482-2153
Fax: 410-268-6687
Email: mcdonnellamy@prodigy.net
Barry N. Roth
Dept. of the Interior
1849 C Street NW, Room 3209
Washington, DC 20240
Phone: (202) 208-3126
Fax: (202) 208-3877
E-mail: bnroth@verizon.net
James W. Rubin
Hunton & Williams, LLP
1900 K Street NW
Washington, DC 20006
Phone: (202) 955-1611
Fax: (202) 828-3735
E-mail: jrubin@hunton.com
James R Walpole
Email: jrwalpole@comcast.net
Anna L Wolgast
U.S. Environmental Protection Agency
1341 G Street NW, Room 606
Washington, DC 20005
Phone: (202) 233-0116
Fax: (202) 233-0121
Email: wolgast.anna@epa.gov
