Anouncements
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, please send an email including the author(s), title, publisher and a brief synopsis to Shawn O’Brien, EENR publications 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.
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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?
If you would like to organize a program or event, please contact the
appropriate committee chair(s) or the section cochairs, Jim Rubin and
Anna Wolgast.
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Dues Increase
In light of the rising cost of administering D.C. Bar programs in general,
the EENR and other sections have decided to increase annual section
dues. EENR dues, which had not increased in a number of years, have
been raised from $40 to $45/year, which is close to the average of the
Bar sections. We on the EENR steering committee understand that this
is a difficult time for some to pay additional expenses of any type,
but we are confident that this rather modest increase can help ensure
that section members will continue to be able to enjoy the quality programs
and information which the section strives to provide to its members.
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Committee Updates
Animal Law Committee
Sarah Conant
The Humane Society of the U.S.
Sarah Conant is new Chair of animal law standing committee
With heavy heart, we say goodbye to Ethan Eddy, who has served several years as the Chair of the animal law committee and also served on the D.C. Bar section-wide listserv committee. We will miss Ethan and his substantive and technical expertise, but he has found a worthy replacement in Sarah Conant. Sarah Conant is a staff attorney in the Animal Protection Litigation Section of The Humane Society of the United States. Sarah graduated from the University of Virginia School of Law in 2006, where she founded and directed the Virginia Animal Law Society.
We thank Ethan for all his hard work and look forward to working with Sarah.
The animal law committee would like to remind everyone that "Animal
Law in the District of Columbia" is available here.
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Community Outreach Committee
Amy McDonnell
Chesapeake Bay Foundation
Brenda Mallory
U.S. Environmental Protection Agency
The outreach committee has undertaken and is planning several upcoming
activities since our last newsletter. We thank everyone who has participated
and encourage everyone else to join in our efforts.
On November 8, 2008, the committee participated in the D.C. Bar Advice and Referral Clinic at Bread for the City. There was good representation from the committee and a number of members of the public were assisted during the morning session. As described below, we will participate in another session in May so if you missed the event in November, plan to join us in May.
On March 7, 2009, the section participated in the Youth Law Fair. This year the Youth Law Fair celebrated its 10th Anniversary. The topic for this year was “OMG!! Can U Say That? IDK… ”, which focused on how teens communicate through music, internet use and text messaging. We joined the D.C. Department of the Environment in its booth and section members helped staff the booth and support the event.
On March 10, 2009, the section sponsored a careers panel at Howard University Law School. Representatives from the government, NGO and private practice sectors shared their experiences with the students and discussed opportunities in their respective fields. The speakers included Steve Wolfson (EPA), Patrice Simms (NRDC), Russell Smith (USTR), Brenda Mallory (EPA), Julia Weissman (Sullivan and Worchester), Daria Neal (The Lawyers Committee on Civil Rights), and Monty Cooper (Wallace, King and Domike).
The committee is working now to organize or identify an Earth Day activity in April. If you have any suggestions, we welcome them. In the meantime, be on the look out for an announcement.
On May 9, 2009, we will once again be supporting the D.C. Bar’s Advice and Referral Clinic at Bread for the City. We hope to have another strong turnout for this event.
The committee continues to look for outreach activities and is open
to suggestions. Please contact Brenda
Mallory or Amy McDonnell
with your ideas.
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Energy Committee
Peter Schaumberg, chair
Beveridge & Diamond PC
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.
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Indian Law Committee
Dean B. Suagee, chair
Hobbs Straus Dean & Walker LLP
The Economic Recovery and Reinvestment Act of 2009 includes numerous
provisions in which Indian tribes are expressly included, and many others
in which tribes are implicitly included. In addition to appropriations,
several of the tax incentives and bond-financing provisions specifically
include tribal governments. Our committee plans to sponsor at least
one brown-bag lunch in the near future on the specifics of how the Recovery
Act works in Indian country. Section members interested in helping to
organize a brown bag program on this subject, or on another subject
relevant to Native American environmental, energy, or natural resources
issues, please contact the committee
chair.
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International Committee
Peter Oppenheimer, chair
NOAA
The international committee fully encourages other members to take an active role in planning programs. This is a great way to get involved in the work of the committee while keeping current on important developments.
Last fall, we continued to provide interesting programs, including on climate change, the Biodiversity Convention, international environmental enforcement and trafficking in timber, wildlife and other environmentally-related goods.
We are also interested in additional suggestions or assistance by
bar members. Please contact Peter
Oppenheimer.
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Natural Resources Committee
Kelly A. Johnson
Holland & Hart LLP
With the new administration of President Obama slowly taking shape, the natural resources committee is actively monitoring sub-cabinet appointments in the Department of the Interior, Department of Agriculture, and Environmental Protection Agency. The committee intends to host "Meet the General Counsel" brown-bags with the top lawyers in these agencies, including the Solicitor of the Department of the Interior, and General Counsels of the Department of Agriculture and Environmental Protection Agency, once these Senate confirmed positions have been filled. One such program, a brown bag with Ted Boling, General Counsel for CEQ, is scheduled for April 16, 2009. Watch for an announcement.
The committee also will host discussions with senior Republican and
Democratic staff on the Senate Energy and Natural Resources Committee
and House Natural Resources Committee to discuss legislative priorities
of the 111th Congress that will impact the management of this nation's
public lands and natural resources. Finally, the Chair of the natural
resources committee moderated a February 26 panel—"Midnight
Rules" at the Dawn of a New Administration: What can Congress and
the Obama Administration do with Regulations Promulgated at the End
of the Bush Administration.
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Oceans and Marine Resources
James Walpole, chair
Recently a new oceans and marine resources committee was established to focus on the increasing number of significant natural resources relating to Oceans. Jim Walpole is Chairman.
On October 15 the new committee cohosted a program with the Environmental Law Institute: "Of Whales and Sonar" which addressed the use of Navy sonar and its possible effects on whales and marine mammals. Jim Walpole summarized the oral arguments and questions asked by the Justices in the Winters v. NRDC case (involving the Navy) which had been argued in the Supreme Court the prior week.
On November 21 the committee cohosted a program with ELI: "Managing Industrialized Oceans" which focused on oil and gas developments in the outer continental shelf. Peter Schaumburg served as the moderator.
The committee expects to cohost several ocean-related programs with
ELI during 2009, and details will be released when finalized.
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Recent Section Events
Trafficking in Wildlife
On October 7, 2008, the animal law committee sponsored a fascinating program entitled Trafficking, Trade and Transport of Wildlife, which attracted significant interest even though it competed with the start of the second presidential debate!
Lisa Ann Tekancic, member of the animal law committee and president of the WildCat Conservation Legal Aid Society, organized and moderated the program, putting the issues in context and discussing some recent cases involving illegal trafficking in wildlife.
Alejandra Goyenechea, international counsel at Defenders of Wildlife, then discussed the applicable international convention on wildlife trade, CITES, its relative strengths and weaknesses, and the trade in tigers and hunting of lions, which are largely responsible for the decimation of both species.
Kevin Garlick, special agent branch investigation, Office of Law Enforcement at the U.S. Fish & Wildlife Service, followed with a discussion of federal laws used to combat illegal trade and ensure humane and safe captive programs, and how his agency enforces those laws.
Adam Roberts, senior vice president of Born Free USA, added his perspectives on the limits of the Animal Welfare Act and Captive Wildlife Safety Act to ensure the "compassionate conservation" of captive wildlife, the struggle to get Congress to strengthen these laws, and efforts to ensure animal sanctuaries meet appropriate standards.
Finally, Jim Plowman, Commonwealth's attorney for Loudon County, Virginia
described the legal tools available for prosecuting animal cruelty and
the keeping of unpermitted exotic pets in his region. We are grateful
to all the speakers, as well as a spirited audience, for providing insight
into such an important issue.
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Climate Change and Energy Program
On October 20, 2008, the D.C. Bar cosponsored an exciting and interesting program with ELI and the ABA on Climate Change and Energy: The Full North American Experience. David van Hoogstraten of Hunton & Williams moderated a panel discussion by the senior environmental officials of the Mexican and Canadian Embassies -- Alejandro Posadas and Jason Toland.
A capacity crowd heard both speakers describe their countries' respective
programs to address climate change and how the actions of the next U.S.
administration may impact their own countries' efforts. Both Mr. Posadas
and Mr. Toland described the long history of strong environmental cooperation
among the three countries of North America, particularly through the
North American Free Trade Agreement and its environmental side agreement,
and how such cooperation helps all three countries face their common
challenges, including climate change, water and air pollution. The speakers
expressed hope that the US, Mexico and Canada can develop effective
trilateral strategies on climate change mitigation and adaptation that
would foster a broader international agreement.
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Illegal Trade in Environmental Goods
On November 3, 2008, EENR continued its focus on illegal trade, cosponsoring with the International Law Section and the ABA SEER a program entitled "Stemming the Tide? Perspectives on Addressing the Illegal Trade in Environmentally Sensitive Goods."
Claudia McMurray, then-assistant secretary for the Bureau of Oceans, Environment and Science at the State Department, discussed the issue of illegal environmental trade generally and its ties to organized crime. She covered a number of important State Department initiatives on illegal trade in timber, ozone depleting substances (ODS), fish and wildlife, and described how these initiatives seek to increase education, curb supply, decrease demand and build political will.
John Webb, a longtime DOJ ENRD prosecutor who has focused on illegal trade in wildlife then spoke about the tools US enforcement officials possess to attack illegal trade, notably the Lacey Act, which allows the U.S. to prosecute trade in wildlife - and due to a recent amendment, timber - that was taken in violation of foreign law. He discussed the need for international cooperation and training, and described successes in these areas.
Chip Murray, general counsel of the American Forest Products Association, described his industry's concern with illegal logging and how it decided to work with nongovernmental organizations and the federal government to amend the Lacey Act to provide authority to prosecute such illegal trade. He did note that implementation of the new law will need to be clear, well-considered and fair.
Finally, Sasha von Bismarck of the Environmental Information Agency
(EIA), which played a major role in the amendment of the Lacey Act and
helps improve enforcement worldwide through undercover work and advocacy,
looked at the issue of illegal trade more broadly. He noted that international
illegal trade requires a global focus, coordination and capacity building,
with the imposition and implementation of real sanctions to bolster
enforcement.
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Environmental Career Panel at George Washington University
On November 5, 2008, more than 50 law students and lawyers seeking to return to legal practice attended a highly informative environmental law career panel at the George Washington University Law School. The program was organized by the EENR Section in co-sponsorship with GWU Law School's Environmental Law Association and the Young Lawyers Forum of the ABA's section of Energy, Environment, and Natural Resources.
The panel featured five speakers representing a cross-section of the employment opportunities in the field of environmental law. Susan Conti, senior attorney with the Alliance of Automobile Manufacturers, George Hawkins, director of the District of Columbia Department of the Environment, Jennifer Wills, staff attorney with U.S. EPA's Office of General Counsel, Amy McDonnell, litigation counsel with the Chesapeake Bay Foundation, and Adam Siegel, associate with Hogan & Hartson each spoke about their careers and career paths, and offered insights into the practice opportunities offered by their respective employers.
A robust question and answer period followed, and the panelists shared helpful information on a range of career-related topics, including the importance of internships, large vs. small office dynamics, and potential pitfalls and missteps in seeking that first legal job.
The section will conduct a similar program on March 10, 2009 at Howard
University Law School.
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Biodiversity Issues, Commerce and Conservation
On November 12, 2008, EENR cohosted with the GW Law School and the ABA sections on International Law and Environment, Energy and Natural Resources a program entitled “The United States and the Convention on Biological Diversity (CBD): Issues in Biodiversity, Commerce and Conservation.” The program, which featured two panels, was organized by EENR Section member Richard Blaustein.
Charles di Leva, EENR steering committee member, moderated the first
panel, which focused on the need for greater cooperation on biodiversity
protection and the appropriate role of the United States.
Dr. Ahmed Dhoglaf, executive secretary of the Convention, spoke of the
collapse in global natural resources that parallels and far exceeds
the global financial collapse, and the impacts to financial and global
security caused by the loss in biodiversity. He spoke of the need for
U.S. engagement in the process.
Dr. Thomas Lovejoy, president of the Heinz Center for Science, Economics and the Environment, focused on the interrelationship between loss of biodiversity and impacts from climate change, with more rapid changes than expected on species and their habitat.
Dr. Leonard Hirsch, director of International Discussions at the Smithsonian Institution and a long-time delegate to the Convention detailed the U.S. Government's problems with the current Biodiversity Convention and suggested some ways to improve the process to allow more substantive U.S. participation.
Finally, Professor Steve Charnovitz, described the relationship between
the Convention and international trade principles, particularly regarding
the protection of intellectual property.
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Biodiversity Issues, Commerce and Conservation: Panel 2
The second panel continued to focus on the interrelationship of the CBD with other instruments and mechanisms. There were presentations and discussions on environmental and natural resource issues, including ocean policy, agricultural and pharmaceutical genetic resources, freshwater biodiversity conservation, and invasive species.
Caitlyn Antrim of the Rule of the Law Committee for the Oceans, discussed the process, history, and reception of the UN Convention on the Law of the Sea (UNCLOS) in the United States Senate and in President Bush's second term—although supported by the Bush administration, the Senate did not schedule a full floor discussion of the treaty. Ms. Antrim highlighted some of the domestic and political challenges and opportunities presented by the treaty.
David Hegwood of the Foreign Agriculture Service of the United States Department of Agriculture, presented on the integral relationship of the CBD and the FAO International Treaty on Plant Genetic Resources for Food and Agriculture, neither which have been ratified by the Senate. Although both treaties share a common goal of conservation and the sustainable use of genetic resources, both cover different types of genetic resources, with the FAO treaty focusing on agricultural plant genetic resources and the CBD focusing on non-agricultural genetic resources.
Flavia Loures, director of the World Wildlife Fund's international freshwater program, spoke on the bearing of the CBD which offers support for supplemental or more specific instruments on conservation of freshwater resources. Specifically, Ms. Lourdes pointed to the UN Convention on the Law of the Non-Navigational Uses of International Watercourses and the UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes because of the common goals of these two Conventions and the CBD.
Susan Finston, executive director of the Access and Benefit and Sharing Alliance, discussed genetic resource access in the CBD context and the ongoing discussions in that forum that are focused on producing an international instrument for access and benefit and sharing of genetic resources. Finston stressed the importance and opportunity of the CBD forum for genetic resource commercial access and sharing of benefits.
Peter Jenkins, director of international conservation at Defenders
of Wildlife, presented on invasive species and the linkage of the CBD
to international and domestic mechanisms to protect against the introduction
of invasive alien species. Jenkins emphasized that nations can create
pre-import regulatory systems to protect against exotic species, which
would not contravene international law.
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Meeting with the General Counsel: Jane Luxton, NOAA
On December 5, 2008 EENR and the Administrate Law Section cosponsored another in their series of programs with high level federal environmental officials. Jane Luxton, then serving as General Counsel for NOAA, described the work of her office and the challenges she expected the next administration to face on issues relevant to her office and agency. Chief among these were climate change policy and science, endangered species and other natural resource issues, and marine protected areas.
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Transition to the New Administration
On December 9, 2008, EENR joined with the Administrative Law and Agency Practice Section to host "The Transition to the New Administration: Legal Implications."
Justin Smith, USDOJ/ENRD moderated the event, which consisted of past and current federal agency officials: John Cruden, deputy assistant attorney general for DOJ's Environment Division (and past D.C. Bar President), who has acted as AAG during several transitions (including the Obama transition); Joseph Onek, currently senior counsel to Rep. Pelosi and formerly deputy counsel to President Carter and principal deputy associate attorney general under President Clinton; and Philip Perry, Latham & Watkins, who was acting associate attorney general, OMB general counsel and DHS general counsel under President George W. Bush.
The program was quite timely, coming as it did just prior to the transition, and was very well attended. The speakers each discussed the actual mechanics of agency practice during the transition and how incoming administration officials would go about reviewing past actions and preparing for immediate decisions they would have to make upon taking office. The speakers also discussed the variety of tools Congress and the incoming administration might possess to review actions of the prior administration, including the Congressional Review Act and appropriations riders. The speakers emphasized that, while controversy swirls around specific "midnight regulations" by the outgoing administration, agency personnel, many of whom would continue to serve the new administration, take great care to ensure continuity and an orderly transition process while serving the needs of their new bosses.
As a follow up to this program, on February 26, 2009, EENR and the Administrative Law Section cohosted another program entitled, “Midnight Rules: At the Dawn of a New Administration: What can Congress and the Obama Administration do with Regulations Promulgated at the End of the Bush Administration,” in order to focus more specifically on how the new Administration and Congress might address so-called "Midnight Rules"—regulations and other Executive Branch actions taken in the last 100 days of an Administration; that is, the period between the November election and January inauguration of a new President.
Speaking at the event were: Mort Rosenberg, formerly with the Congressional Research Service and a expert on the relationship with the Congressional and Executive Branches; Gary Bass, head of OMB Watch, an nonprofit advocacy group that promotes greater government accountability, and Tom Myers, director of the U.S. Chamber of Commerce's Regulatory Affairs Committee. Committee member Kelly Johnson moderated.
The panel engaged in a lively debate about the options available to
the Congress, a new President and the public to undo or reverse such
midnight rules. These options include appropriations riders, the process
established by the Congressional Review Act, commencement of a new rulemaking
or litigation. The panel also discussed the policy implications of the
midnight regulation phenomena and the different approaches as well as
the overall role of Congress in overseeing Executive Agency rulemaking.
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Upcoming Events
On April 16, 2009, EENR will cohost the next installment in the “Meet
the GC Series” when it hosts a brown bag with Ted Boling, general
counsel of CEQ.
Look out for upcoming programs on genetic resources, oceans issues and toxic chemicals policy. Future programs will also focus on the new policies and policymakers who will shape the environmental agenda for the Obama administration and Congress.
For more information on these and other programs, please check the
section Web site.
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Committee Chair Roster
Animal Law
Sarah Conant
Humane Society of the U.S.
2100 L Street NW
Washington, DC 20037
Phone: (202) 676-2325
Fax: (202) 778-6132
Community Outreach
Brenda Mallory
US Environmental Protection Agency
Office of General Counsel
Washington, DC 20460
Phone: 202-564-0633
Fax: 202-564-5644
Amy McDonnell
The Chesapeake Bay Foundation
6 Herndon Avenue
Annapolis, MD 21403
Phone: 443-482-2153
Fax: 410-268-6687
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
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
International
Peter Oppenheimer
Senior Counselor for International law
NOAA Office of General Counsel
U.S. Department of Commerce
Herbert C. Hoover Building, Room 7837
14th Street and Constitution Avenue NW
Washington, DC 20230
Phone: (202) 482-0032
Fax: (202) 371-0926
Natural Resources
Kelly Johnson, Chair
Holland & Hart
975 F. Street NW
Suite 900
Washington, DC 20004
Phone: (202) 393-6500
Fax: (866) 711-8048
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
Oceans and Marine Resources
James Walpole, Chair
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Steering Committee Roster
Environment, Energy and Natural Resources Steering Committe Roster
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