Environmental and Energy Law Perspectives Fall 2018

T H E GEORGE WA SHI NGTON U N I V ER SIT Y L AW SCHOOL

ENVIRONMENTAL AND ENERGY LAW

Perspectives

PROGRAM ESTABLISHED 1970

PERSPECTIVES

Renewable Energy for Sustainable Development: A Space for Legal Innovation Achinthi Vithanage, Visiting Associate Professor of Law and Environmental and Energy Law Fellow

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arnessing the infinite power of the sun, the wind, the seas and the available bio resources of the earth is no longer wishful thinking.

Unprecedented technology developments have made these clean energy sources readily available for the world’s energy consumption. Over time, these technologies have also become increasingly affordable. That a global energy transition is well underway is certain. How viable a 100 percent renewable energy target is on a global level, on the other hand, is less so.1 Presuming the lofty international renewable energy goal is feasible, achieving it is bound for failure if access to energy goals are not simultaneously aligned. With more than 1.1 billion of the global population lacking access to energy today,2 the access issue is not one to be ignored. The Sustainable Development Goals (SDGs) have played a pivotal role in propelling the issue of access to energy to the forefront of the international stage.

SDG 7, which calls on states to “ensure access to affordable, reliable and sustainable energy for all,” and which constituted a focus of the recent High Level Political Forum held in New York in July 2018, provides the international legal policy backdrop for this issue.

The Legal Challenge Despite the technological breakthroughs, whether you are striving to achieve 100 percent renewable energy consumption globally or universal energy access through clean energy, the challenges remain steep. While the most obvious challenge is financing these endeavors, the more pressing challenge is the lack of regulatory governance in the emerging field. The 2017 Global Status Report of the Renewable Energy Policy Network for the 21st Century (REN21) identified “policy uncertainty” as one of seven 3 main barriers to off-grid market expansions.4 In fact, roundtable discussions continued on page 16

FALL 2018 ISSUE PERSPECTIVES 1, 6, 16-19 EVENTS 1, 7, 12 NEWS 2–5 PUBLICATIONS AND PRESENTATIONS 8–9 PROFILES 10–15

EVENTS

Ocean Conference on “Changing and Dynamic Oceans: Gauging Law and Policy Responses”

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n November 9 and 10, GW Law, in conjunction with the Marine & Environmental Law Institute of Dalhousie University and the Environmental Law Institute (ELI) will be hosting a two-day conference

continued on page 12

NEWS

NEWS Sustainable Energy Initiative: an Energy Law Research Hub

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he Sustainable Energy Initiative (SEI) is an umbrella for many of the energy-industry focused activities that occur at GW Law, including research, student engagement, and public outreach.

SEI’s primary research areas since its inception five years ago center on the transition of the U.S. electrical system to meet 21st century needs using sustainable and environmentally friendly resources.

Current research initiatives are addressing microgrids, “smart” rebuilding of electric grids following a natural disaster, and electrification of the transportation sector, while continuing to address issues related to consumer protection.

During the 2017-18 academic year, with support from the J.B. and Maurice C. Shapiro Fund, SEI sponsored three roundtable discussions. These forums allowed a small group of people drawn from government, industry, and academia, to exchange views on emerging issues over a two and a half hour period.

The programs, each of which were co-moderated by Donna Attanasio, GW Law Senior Advisor for Energy Law Programs, and a guest expert, were: • “Microgrid Regulation…Or Not?” (Sept. 14, 2017), co-moderated by Dan Ton, Program Manager for Smart Grid R&D, U.S. Department of Energy; • “What Will Universal Service and Consumer Protection Look Like in a High DER World?” (Oct. 27, 2017), co-moderated by Jim Rossi, Professor of Law, Vanderbilt University; and • “Writing the Road Atlas for Transportation Electrification” (March 23, 2018), co-moderated

by Joel Eisen, Professor of Law, University of Richmond.

Reports summarizing the first two events are available on the GW Law

Sustainable Energy Initiative Events webpage (www.law.gwu.edu/sustainable-energy-initiative), and the third report is forthcoming. This academic year, additional roundtable discussions are planned, focused on current areas of research.

SEI has two grant-funded research reports in progress. The first is development of a model code to encourage the deployment of microgrids. The concept for this work emerged from the first roundtable discussion. Microgrids have the potential to improve grid operations and, as we move to a more decentralized system, may be a critical building block of the modern grid.

Funding for this project was provided by the U.S. Department of Energy.

SEI has collaborated with the U.S. Department of Energy in other ways over the past year as well. Donna Attanasio was invited to participate in the Hawaiian Electric Companies Integrated Grid Planning Symposium in November 2017, and worked with a National Labs consortium that is developing a regulatory structure model. All three of these projects are focused on modernizing the distribution grid to facilitate a sustainable future.

The second grant-funded research project supports a cross-disciplinary group of graduate students who are investigating steps that can be taken in advance such that if a natural disaster were to require a substantial portion of an electrical system to be rebuilt, the responsible utility would be better poised to accelerate its grid modernization efforts to take advantage of the “opportunity.”

Puerto Rico provides an example of a case in which the need to rebuild opened such a door. The students are assessing the barriers that have limited full realization of all the possibilities for rebuilding a better system and identifying means to address the barriers. This work was funded by the Duke Energy Renewables Innovation Fund, which also funded the Community Solar report that SEI co-authored and which was published last fall.

LeRoy Paddock, Associate Dean for Environmental Law Studies, focused several of his recent writing projects on energy matters. He co-edited a book, Energy Innovation: How Technological and Legal Innovation Are Transforming

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Roundtable on “Writing the Road Atlas for Transportation Electrification”

Energy Law in a Climate Change Era (Oxford University Press 2018); and working with four students, he also wrote four book chapters (one published in 2018 and the others forthcoming in 2019) on the following topics: demand response, energy efficiency, new buildings (addressing deep decarbonization in the United States), and energy supply planning in a distributed resources world. Donna Attanasio is working on a book chapter on microgrids and recently published “A PURPA Roadmap for Microgrids” in the George Washington Journal of Energy and Environment Law’s new online feature.

In addition to our own work, SEI is a portal for working with other organizations to make GW Law a hub for innovative thought. In May 2018 we hosted and participated in “Zero Carbon Power: Maintaining U.S. Nuclear Capacity,” with the Center for Climate and Energy Solutions, and in November 2017 we hosted the Climate Institute’s program “North American Supergrid: Electrifying Our Future.”

The Sustainable Energy Initiative depends heavily on the support of the law school’s Energy Law Advisory Board. During the past academic year we welcomed two new members: Daniel Hagan, a partner at White & Case LLP and Emily Sanford Fisher, Vice President, Law & Corporate Secretary of the Edison Electric Institute. At the urging of the board, during the upcoming academic year, SEI will turn a spotlight on electrification of the transportation sector. n

NEWS

The GW Law– Groningen Connection

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ach year, GW Law and the University of Groningen in the Netherlands conduct a two-semester program on energy and environmental law that allows students to understand the different approaches to sustainability taken in the European Union and the United States. Students conduct in-depth research on various topical issues. First, the students prepare papers that set forth the approach in their respective jurisdiction. The students then work in three- or four-person international teams to prepare a joint paper comparing the approach used by the EU with that taken in the United States and make recommendations to address any identified problem areas.

During the 2017-18 program, the students studied the legal and policy frameworks for power-to-gas technology (to produce hydrogen or methane from renewable energy), battery storage, smart grid, and cross-border renewable energy credit trading programs. In 2018-19, the students will consider renewable energy support programs, energy efficiency programs, the merits of carbon trading vs. carbon taxes, and the build-out of electric vehicle charging infrastructure.

The students meet in person twice; once at the beginning of the program and once at the end, at which time they give oral presentations of their final papers. Although it sometime differs, for both the 2017-18 and 2018-19 academic years, the students met (or will meet) in Washington, D.C., in August and Groningen in May. These meetings are filled with lectures and field trips to help kick off the research on their respective topics and provide a broader context in which to understand the problems they are addressing. It’s also an opportunity for cross-cultural social exchanges. Happily, this past year’s team had great fun celebrating together (at least one birthday and one engagement) and introducing international guests to each school’s respective home-turf, which set up a great dynamic for sharing substantive ideas as well. n

Highlights of 2017-18 GW-Groningen Program on Energy and Environmental Law

Suited up in safety gear for a tour of an RWE coal plant located with a wind farm on the northern coast of the Netherlands, (left to right) back row: Jacqueline Yap, Jessie Steinebach, Lisa Huizing, Deborah Nidel, Sjoerd Kalisvaart, Boris Shkuta, Roland Carvalho, Gopesh Tamminga, Edwin van der Velde, Rex Albert Villahermosa; front row: Jill Goatcher, Sinja Randt, Michelle Castaline, Daniel Vinnik

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 3

NEWS

Associate Dean Paddock Appointed to New ABA Roles

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n August 5, Associate Dean LeRoy Paddock was appointed to the position of Secretary and member of the Executive Committee for the ABA Section of Environment, Energy, and Resources (SEER). He previously served on the SEER Council from 2008-12. Associate Dean Paddock has also served as chair for several SEER committees.

Associate Dean Paddock also was appointed by the ABA as the ABA representative to the Green Growth Knowledge Platform (GGKP). The three-year appointment began on August 5. The GGKP is a global network of international organizations and experts that identifies and addresses major knowledge gaps in green growth theory and practice. By encouraging widespread collaboration and world-class research, the GGKP offers practitioners and policymakers the policy guidance, good practices, tools, and data necessary to support the transition to a green economy.

Associate Dean LeRoy Paddock

EDUCATION - FINAL - 11.16.15

Making the International Rounds: EBA Report on Energy Law Education in the U.S. Recognized in China

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n 2015, the Energy Law Journal published a report on Energy Law Education in the U.S. The report was developed by an ad hoc committee formed by the Energy Bar Association, which worked on the project for more than a year, followed by several months of editing and revising. Donna Attanasio, Senior Advisor for GW’s Energy Law Programs, chaired this committee and edited the report.

Subsequently, a group of educators in the United Kingdom, inspired by the U.S. report, developed a report on the United Kingdom’s resources and approaches to energy law education.

Both these reports have recently been cited and used as a comparative model for a new article about energy law education in China. The approaches in the three jurisdictions vary due to many factors including the energy resources of the country, the legal framework of the country, and the approach to educating

The GGKP was established in January 2012 by the Global Green Growth Institute, the Organisation for Economic Co-operation and Development, the United Nations Environment Programme, and the World Bank. n

© COPYRIGHT 2015 BY THE ENERGY BAR ASSOCIATION

ENERGY LAW EDUCATION IN THE U.S.: AN OVERVIEW AND RECOMMENDATIONS Committee Chair Donna Attanasio

Synopsis: Energy has a powerful and perhaps unmatched influence on our economy, environment, health, politics, international relations and general wellbeing. Not surprisingly, therefore, it is a heavily regulated field and in some respects considered a “public good.” Whether a law student is considering a career in the field of energy law or not, understanding how energy is regulated is becoming essential legal knowledge. This report, commissioned by the leadership of the Energy Bar Association (EBA) and developed by a committee of educators and practitioners, recognizes that formal training in energy law serves a variety of student needs. The report seeks to inform the EBA board, law students, prospective law students, educators, educational advisors, prospective employers, and other interested bar associations about the field and how energy law is taught in the United States today. For those students considering a career in energy law, the report discusses the variety of career options within the field, the differences among law school energy programs, and how to best prepare for practice, which the Committee hopes will assist aspiring lawyers in making choices appropriate for their interests and career goals. For educators, the report presents ideas to better connect energy law education to practice. The Committee also sought to identify and share best practices and develop new ideas in order to assist law schools in expanding and enhancing the options available to students. The report concludes with recommendations to the EBA, potential employers, and other interested parties on measures they can take to further energy law education.

I. II. III. IV. V.

Introduction and Overview of the Report......................................218 What is Energy Law? ...................................................................220 What is the Purpose of Offering an Energy Law Curriculum?.......220 How Do We Raise Awareness of the Field of Energy Law? .........221 A. Raising Awareness at the Undergraduate Level .....................221 B. Raising Awareness Within Law Schools ...............................222 Teaching Energy Law ..................................................................224 A. Who Takes Courses in Energy Law? .....................................224 B. The Energy Law Curriculum .................................................225 1. Introduction to the Energy Law Curriculum .....................225 2. Purpose of the Energy Law Survey Course and Its Foundation ......................................................................227

 This report was prepared by an ad hoc committee of the Energy Bar Association (EBA); the Committee members are identified at the end of this report. The views expressed herein are the product of the Committee’s work and do not necessarily represent the views of the individual committee members, their affiliated organizations, the EBA, or its Board. The Committee thanks all the individuals who contributed their time and effort to this project.

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EBA Report by Donna Attanasio

lawyers, but all jurisdictions have to struggle with the challenge of teaching students the law governing such a complex industry.

The international interest in this topic underscores the importance of teaching energy law, at GW Law and elsewhere. Congratulations to Donna Attanasio and the EBA Committee involved in writing the report for this well-deserved international recognition. n

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Human Rights and the Environment

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W Law has long dealt with issues related to human rights and the environment. The law school’s focus in this area was led for several years by Professor Dinah Shelton who is now an Emeritus Professor. Among her many notable efforts was the creation of a course on Human Rights and Environment. In addition, GW’s Human Rights Clinic has handled a number of cases that have involved environmental issues. The Environment and Energy Law Program is now working with our new Associate Dean for International and Comparative Law, Rosa Celorio, to explore new ways we can help address issues related to human rights and the environment. As Dean Celorio’s profile in this newsletter demonstrates, she has a longstanding interest in and experience dealing with human rights and environmental issues. We look forward to collaborating with Dean Celorio in the future to advance this area of the law. n

NEWS

ABA SEER 2018 Law Student Writing Competition in Energy Law Winner: Raymond Richards

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ur heartiest congratulations to Raymond Richards, a 3L at GW Law, who garnered first place for his essay submission to this year’s Energy Essay Writing Competition sponsored by the Section of Environment, Energy, and Resources (SEER) of the American Bar Association (ABA).

Titled “Preemption, I Think Not: Evaluating California’s Stored Energy Procurement Law Against FERC Order 841,” Mr. Richards’s paper examines new mandates in the wholesale energy markets that require regional transmission

Climate Litigation and Science

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or the past two years, Professor Robert Glicksman and Associate Dean Lee Paddock have worked with Professor Sabrina McCormick from the GW Department of Environmental and Occupational Health at the Milken Institute School of Public Health on a National Science Foundation grant to study the role science plays in climate litigation. Using the database on climate litigation assembled by the Sabin Center for Climate Change Law at Columbia University Law School, the GW team examined how science was involved in the litigation. The team also interviewed dozens of lawyers and scientists who participated in several of the cases.

The conclusions reached by the research team are that science has played a key role in some of the seminal cases on climate change such as Massachusetts v.

EPA, Green Mountain Chrysler v. Crombie (challenging Vermont’s adoption of the California motor vehicle greenhouse gas

organizations (RTOs) to revise tariffs establishing market rules that recognize the unique physical and operational characteristics of Stored Energy Resources (batteries, flywheels, pumped storage, etc.) to facilitate the participation of such resources in the wholesale markets.

Prior to Order 841, energy resources like batteries could be excluded from wholesale markets by RTOs by using rules that would make it almost impossible for such resources to be able to meet technical specifications or to economically compete.

FERC recognized this and passed Order 841 to facilitate inclusion of storage resources in the wholesale markets.

The main issue explored in the paper is the federalism dynamic in the energy market. The Federal Power Act (FPA) gives FERC (the federal agency in charge of the energy sector) authority over the sale of electric energy at wholesale in interstate commerce, including both wholesale electricity rates and any rule or

regulations), and Rocky Mountain Farmers Union v. Corey (challenging California’s low-carbon fuels standard); that early climate-related litigation related to challenges to coal-fired power plants were largely won by defendants; that the climate science in administrative records is critical to both defending and challenging government actions that may affect climate change; that increasingly plaintiffs have been successful in challenging actions under the Endangered Species Act, NEPA, and the California Environmental Quality Act for failure to adequately take climate change into account in the decision-making process; and that science is likely to play a growing role in climate litigation as evidence of the impact of climate continues to grow. The results of the study have been published in Science and the American Journal of Public Health. The study is the subject of an article that was published in Nature Climate Change.

• S. McCormick, S.J. Simmens, R.L. Glicksman, L. Paddock, D. Kim, and B. Whited, The Role of Health in Climate Litigation, 108 Am. J. Pub. Health 52 (2018)

practice affecting such rates, but the law leaves to the states alone, the regulation of any other sale most notably, any retail sale of electricity.

The paper first uses a legal framework to assess the validity of Order 841.

It then uses a similar framework to assess California’s state stored Raymond Richards energy procurement law for preemption by the new FERC Order. Mr. Richards’s paper concludes with the idea that a system of concurrent federalism will allow state and federal law to operate hand-in-hand to promote the advancement of storage technology, facilitating an era of clean, reliable power to fuel the nation’s future.

Donna Attanasio helped guide Mr. Richards’s work on the paper. n

Recent Article in Nature Climate Change

by Dean Paddock and Professor Glicksman

(ajph.aphapublications.org/doi/ pdf/10.2105/AJPH.2017.304206).

• S. McCormick, S.J. Simmens, R.L. Glicksman, L. Paddock, D. Kim, B. Whited, and W. Davies, Science in litigation, the third branch of U.S. climate policy, 357 Science 979 (September 2017).

• S. McCormick, S.J. Simmens, R.L. Glicksman, L. Paddock, D. Kim, and B. Whited, Strategies in and outcomes of climate change litigation in the United States, forthcoming 8 Nature Climate Change 829 (2018) (www.nature.com/articles/s41558018-0240-8) n ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 5

PERSPECTIVES

Perspectives Reimagining Environmental and Natural Resources Law: 2020 and Beyond

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W Law and the Environmental Law Institute have begun work on the 2019 Shapiro Symposium that will focus on critical issues in environmental and natural resources governance as the country approaches the 50th anniversary of some of our central environmental laws such as the National Environmental Policy Act that declared a national policy “which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the knowledge of ecological systems and natural resources important to the nation….” It is also the 50th anniversary of the Clean Air Act and of the first Earth Day. In addition, 2020 marks the 50th anniversary of GW’s Environmental Law Program first funded by the Ford Foundation in 1970 as well as the 50th anniversary of the Environmental Law Institute.

We believe it is important as we approach these landmark anniversaries

to think about what direction should be taken as the nation enters the next 50 years of focus on environmental and natural resources protection. Several factors make reimagining the future direction of environmental and natural resources important. First, we have a very different context for environmental protection today with many of the issues related to emissions such as carbon dioxide and methane having worldwide impact. Second, many of the U.S. emissions that were the subject of national legislation in the 1970s have now been off-shored or outsourced leaving them beyond the reach of national legislation. Although produced beyond the U.S. border, many people in the country remain concerned about the impact of their product purchases on environmental quality. Third, limits to natural resource availability such as fish stocks and the impacts of habitat destruction on species have become more evident.

Fourth, the national consensus that existed around environmental and natural resources protection has long since dissolved making changes in the way we deal with environmental problems difficult, at least at the national level.

Fifth, the role that many companies are playing in environmental and natural resources protection has dramatically changed with, for example, many of the Fortune 500 companies now having adopted in-depth green supply chain specifications and paying close attention to their own operations’ environmental footprint. Sixth, technology including social media, big data and data analysis, and advanced monitoring capabilities have opened up entirely new possibilities for managing environmental and natural resources problems. Finally, the country and the world is increasingly focused on sustainability as a long-term goal both domestically and internationally.

Despite the dramatic changes outlined above, and in some cases because of changes like political polarization and Congressional gridlock on environmental and natural resources issues, little has changed in our framework laws since 1990. We believe that now is a critical time to reimagine how our environmental

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and natural resources legal structure might be designed as we enter the next 50 years of environmental and natural resources protection beginning in 2020.

We think it is important to identify the kind of changes to environmental and natural resources law that can: better assure protection of public health, the environment, and natural resources; build a stronger bipartisan consensus on environmental and natural resources law that can reduce the dramatic pendulum swings of recent years; create a broader public understanding of and support for environmental and natural resource protection; incorporate the role new technologies can play in environmental management; and incorporate and leverage private sector initiatives to make more rapid progress in achieving societal goals for sustainable development.

These issues will be the subject of our March 21-22 Shapiro Symposium focusing on questions such as the following: • In an era of globalization, declining government resources and expanding need, can a layered governance approach that involves responsibilities for federal, state, and local governments, corporations, and citizens-all, better deal with environmental and natural resources governance?

• What is the role data and information should play in governance in light of technology advances in assembling “big data,” data analytics, artificial intelligence, data disclosure, advanced monitoring, and social media?

• How can climate change mitigation and adaptation best be fully integrated into environmental and resource decision-making?

• Is there a natural resources legal framework that can better address preserving biodiversity and recognizing ecosystem services in the context of multiple use?

For information about the symposium, contact Lee Paddock at lpaddock@ law.gwu.edu or Achinthi Vithanage at avithanage@law.gwu.edu n

EVENTS

Events 2018 IUCN Academy of Environmental Law Colloquium

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he 16th IUCN Academy of Environmental Law Colloquium was held from July 4-6, 2018, at the University of Strathclyde in Glasgow, Scotland. It brought together more than 300 participants from six continents to discuss current international, comparative, national, and local environmental law issues. The theme of the colloquium was “The Transformation of Environmental Law and Governance: Risk, Resilience and Innovation.” The three-day event featured over 60 parallel sessions and five plenary sessions.

Professor Rob Glicksman and Associate Dean Lee Paddock jointly presented their paper, entitled “Citizen Science in Support of Environmental Protection: Innovations, Opportunities, and Barriers.”

Visiting Associate Professor Achinthi Vithanage presented her joint paper on “Community Renewable Energy Laws for Innovation” with Dean Emeritus Richard L. Ottinger and EASE Fellow, Robert Habermann, of Pace University. n

HLPF Side Event on “Reaching the 1.1 Billion People without Power through Renewable Energy.”

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n Wednesday, July 18, the Permanent Missions of Germany, the United Arab Emirates, Tonga and Sri Lanka to the United Nations; The International Renewable Energy Agency (IRENA); The International Council Of Environmental Law; and Pace University’s Elizabeth Haub School of Law held a Side Event

Dean Paddock & Professor Glicksman presenting at the 2018 IUCN Colloquium

Professor Vithanage presenting at the 2018 IUCN Colloquium

at the Ministerial Meeting of the High Level Political Forum on Sustainable Development Goals (HLPF) on “Reaching the 1.1 Billion People without Power through Renewable Energy.” More than 50 individuals attended the event from all over the world, from Chile to Nigeria.

GW Law Visiting Associate Professor Achinthi Vithanage was one of the presenters and panelists. Professor Vithanage presented on the topic, “The Right Path to Universal Enlightenment,” focusing on the eight requisites on the path to universal energy access. She was joined on the panel by Professor Vijay Modi, Professor of Engineering at Columbia and an international expert on renewable energy, to provide electricity access to unserved communities;

Eco Matser, Global Coordinator for Climate Energy & Development with the Humanist Institute for Cooperation with Developing Countries in The Hague, Netherlands; and Divyam Nagpal from the International Renewable Energy Agency. Dean Emeritus Richard L. Ottinger of Pace Law School served as moderator of the event. n

Professor Vithanage presenting at an Energy Side Event to the High Level Political Forum on Sustainable Development Goals

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 7

PUBLICATIONS AND PRESENTATIONS

Publications and Presentations Professor Robert L. Glicksman Books NEPA Law and Litigation (Thomson Reuters 2018) (with Daniel Mandelker et al.)

Update to treatise Public Natural Resources Law (2d ed. 2007) (updated three times annually) Book Chapters “The Firm Constitutional Foundation and Shaky Political Future of Environmental Cooperative Federalism,” in Controversies in American Federalism and Public Policy 132-50 (Christopher P. Banks ed.) (Routledge, 2018) (published in March 2018) Articles The Role of Health in Climate Litigation, 108 Am. J. of Pub. Health 52 (2018) (with multiple co-authors).

Presidential and Judicial Politics in Environmental Litigation, 50 Ariz. St. L.J. 3 (2018) (with David Adelman) (published in May 2018).

Strategies in and outcomes of climate change litigation in the United States, Nature Climate Change, Aug 20, 2018 (with multiple co-authors).

Other Publications Trump’s policies blasting at the foundations of conservation in public land law, The Hill, July 18, 2018, thehill.com/opinion/ energy-environment/397282-trumps-policies-blasting-at-thefoundations-of-conservation-in Presentations The Arc of Recent Federal Public Land Law,” presentation at conference on “From Exxon to Paris: An Examination of Environmental Law over the Last 30 Years,” Georgetown University Law Center (Apr. 13, 2018).

“Citizen Science,” presentation at the Fourth Annual Sustainability Conference of American Legal Educators, Arizona State University Sandra Day O’Connor College of Law, Phoenix, AZ (May 11, 2018).

“Citizen Science in Support of Environmental Protection: Innovations, Opportunities, and Barriers,” 2018 IUCN Academy of Environmental Law Colloquium, University of Strathclyde, Glasgow, Scotland, UK ( July 4, 2018).

Professor Emily Hammond Presentations & Panels Panelist, Georgetown Environmental Law Review Symposium, Apr. 13, 2018.

Panelist, Administrative Law Year in Review, D.C. Bar Association, May 30, 2018.

Panelist and Breakout Session Leader, Scholarship: Building Relationships and Distributing Your Ideas, AALS New Law Teachers Workshop, June 8, 2018.

Congressional Testimony: Testimony, Legislative Hearing on H.R. ___, the “Permitting Litigation Efficiency Act of 2018,” and H.R. 4423, the “North Texas Water Supply Security Act of 2017,” Before the H. Jud. Comm.

Subcomm. on Regulatory Reform, Commercial, and Antitrust Law, 115th Cong. (Apr. 12, 2018), judiciary.house.gov/hearing/ legislative-hearing-h-r-____-permitting-litigation-efficiency-act2018-h-r-4423-north-texas-water-supply-security-act-2017/ Other Activities From June 11 - 22, GW hosted the First Annual Boot Camp on Nuclear Security Policy (www.law.gwu.edu/gws-facultymembers-collaborate-first-annual-boot-camp-nuclear-securitypolicy)

Professor Richard J. Pierce, Jr. Online Publications In the Regulatory Review, an online publication of the University of Pennsylvania:

• Regulatory Reform Under Reagan and Trump, Regulatory Review, Jul. 30, 2018, www.theregreview.org/2018/07/30/ pierce-regulatory-reform-reagan-trump/ • The Travel Ban in Court, Regulatory Review, Apr. 27, 2018, www.theregreview.org/2018/04/27/pierce-travel-ban-court/ • The Easy Path to Firing Mueller, Regulatory Review, Apr. 16, 2018, www.theregreview.org/2018/04/16/ pierce-path-firing-mueller/ • Finding a Path Back to Democratic Governance, Regulatory Review, Feb. 26, 2018, www.theregreview. org/2018/02/26/pierce-path-democratic-governance/ • Republicans Discover the Mythical Basis for Regulatory Reform, Regulatory Review, Jan. 30, 2018, www.theregreview.org/2018/01/30/ pierce-republicans-mythical-basis-regulatory-reform/

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PUBLICATIONS AND PRESENTATIONS

The Colorado Baker Opinion Should Not Be Considered an Administrative Law Precedent, Notice and Comment, Jun. 7, 2018, yalejreg.com/nc/the-colorado-baker-opinion-should-notbe-considered-an-administrative-law-precedent-by-richard-jpierce-jr/

Presentations “Citizen Science” at the Arizona State University Sandra Day O’Connor College of Law Annual Sustainability Law Conference (May 2018) (with Rob Glicksman and George Wyeth (Visiting Scholar)).

Notice and Comment Online Symposium on Lucia v. SEC, Notice and Comment, Apr. 5, 2018, yalejreg.com/nc/notice-andcomment-online-symposium-on-lucia-v-sec-contribution-byrichard-j-pierce-jr/

“Citizen Science in Support of Environmental Protection: Innovations, Opportunities, and Barriers,” 2018 IUCN Academy of Environmental Law Colloquium, University of Strathclyde, Glasgow, Scotland, UK ( July 4, 2018) (with Rob Glicksman).

What Actually Happened in Chevron, Notice and Comment, Jan. 23, 2018, yalejreg.com/nc/ what-actually-happened-in-chevron-by-richard-j-pierce-jr/

“Citizen Science” at the Rocky Mountain Mineral Law Foundation annual meeting in Victoria, Canada ( July 2018).

Confessions of an Administrative Law Pollyanna, Notice and Comment, Jan. 16, 2018, yalejreg.com/nc/confessions-of-anadministrative-law-pollyanna-by-richard-j-pierce-jr/ Presentations Professor Pierce has made numerous speeches on the issues raised by the Supreme Court’s opinions in Lucia v SEC as they relate to methods of appointing Administrative Law Judges (ALJs) and limits on the power of agencies to remove ALJs. He has also delivered presentations on President Trump’s efforts to reduce the scope of regulation and on ways in which courts should respond to the Trump Administration.

Associate Dean LeRoy C. Paddock Books D. Zillman, L. Godden, L. Paddock and M. Roggenkamp, Energy Innovation: How technological and legal innovation are transforming energy law in a Climate Change Era (March 2018 by Oxford University Press) Book Chapters Energy Supply Planning in a Distributed Resources World, in D. Zillman, L. Godden, L. Paddock and M. Roggenkamp, Energy Innovation: How technological and legal innovation are transforming energy law in a Climate Change Era (March 2018 by Oxford University Press) (with Karyan San Martano) Articles Deep Decarbonization of New Buildings, 48 ELR News & Analysis 10130 (February 2018) (with Caitlin McCoy)

Strategies in and outcomes of climate change litigation in the United States, forthcoming Nature Climate Change (www.nature.com/ natureclimatechange) (with S. McCormick, S.J. Simmens, R.L. Glicksman, D. Kim, and B. Whited) The Role of Health in Climate Litigation, 108 Am. J. Pub. Health 52(2018), ajph.aphapublications.org/doi/pdf/10.2105/ AJPH.2017.304206 (with S. McCormick, S.J. Simmens, R.L. Glicksman, D. Kim, and B. Whited) Science in litigation, the third branch of U.S. climate policy, 357 Science 979 (September 2017) (S. McCormick, S.J. Simmens, R.L. Glicksman, D. Kim, B. Whited, and W. Davies)

Awards and Honors Visiting International Fellow at the University of Essex in Colchester, England focusing on private environmental governance issues ( June 2018).

Senior Advisor for Energy Law Programs Donna Attanasio Articles “A PURPA Roadmap for Microgrids,” was published in Geo. Wash. J. of Energy & Envtl. L. (online, April 12, 2018).

Presentations & Panels Panel moderator, “Zero Carbon Power: Maintaining U.S. Nuclear Capacity,” Center for Climate and Energy Solutions’ Solutions Forum, Washington D.C., May 9, 2018.

Panelist, “Microgrids: The Developing Legal and Regulatory Framework,” ABA Section of Environment, Energy, and Resources 47th Spring Conference, Bonnet Creek, FL. April 18-20, 2018.

Presenter, “Stakeholder Engagement Through Collaboration,” and panelist, “Closing Insights Plenary,” Hawaiian Electric Companies Integrated Grid Planning Symposium, Honolulu, HI, Nov. 15-16, 2017.

Visiting Associate Professor Achinthi Vithanage Presentations & Panels Presenter, “Community Renewable Energy Innovation Laws for Sustainable Development,” 2018 IUCN Academy of Environmental Law Colloquium, University of Strathclyde, Glasgow, Scotland, UK ( July 4, 2018).

Panelist, “The Right Path to Universal Enlightenment,” High Level Political Forum on Sustainable Development 2018 (HLPF) Side Event on “Reaching the 1.1 Billion People without Power through Renewable Energy”, Permanent, German House, 871 UN Plaza, NYC, Jul. 18, 2018. n

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 9

PROFILES

Profiles Rosa Celorio, Associate Dean for International and Comparative Legal Studies and Burnett Family Professorial Lecturer in International and Comparative Law and Policy

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ssociate Dean Rosa Celorio joined the law school this year after having worked for more than a decade as a Senior Attorney at the Inter-American Commission on Human Rights (IACHR), a principal and autonomous organ of the Organization of American States. The IACHR serves as one of the main bodies underpinning the regional human rights protection system for the Americas, which includes Latin America, the Caribbean, the United States, and Canada. During her time at the Commission, she held various leadership positions, including the Rosa Celorio supervision of all the legal work performed by the specialized Rapporteurships on the rights of women, LGBTI issues, racial discrimination, indigenous peoples, children, and older persons.

Hailing from Puerto Rico, Dean Celorio studied international politics at the Georgetown University School of Foreign Service, law at Boston College Law School, and global affairs at the Political Science Institute of the University of Strasbourg in France. She has worked in the fields of international human rights law, discrimination, and

gender issues for the United Nations Development Fund for Women (UNIFEM-currently UN Women) in New York and Ecuador; as a lawyer in the law firms of Murphy, Hesse, Toomey and Lehane in Boston and O’Neill & Borges in Puerto Rico; as well as at Greater Boston Legal Services and Centro Presente in Boston. She also has acted as an advisor for several global initiatives implemented by various United Nations Special Rapporteurs and Working Groups. Between 2013 and 2014, she taught the Human Rights Fact-Finding Practicum at Georgetown University Law Center, with a focus on statelessness and economic, social, and cultural rights.

The resulting report received the 2014 award of the UN High Commissioner for Refugees for outstanding student research in the field of statelessness.

Unsurprisingly, Dean Celorio’s work has often crossed international borders, having delivered presentations on different human rights issues in more than 30 countries around the world. Her fluency in English, Spanish, and French, with working knowledge of Portuguese, no doubt assisted her in these international pursuits. Of course, her work in this field has not gone unrecognized. She has received a number of awards, including the Personality of the Future Fellowship by the Ministry of Foreign Affairs of France, and the Amnesty International Patrick Stewart Scholarship.

Dean Celorio reveals she never imagined that her work in international human rights law would intersect with matters of the environment to a significant extent; however, this is exactly what she discovered. Indeed, Dean Celorio finds that her work as an international and human rights lawyer has increasingly exposed her to environmental issues, as the cause or result of many human rights violations.

As she reflects on her time at the IACHR, Dean Celorio recalls the breadth of environmental issues that crossed her path. She supervised the production of regional reports concerning the human rights implications of extractive and development projects on indigenous and afro-descendent communities; barriers to the proper access to water not only in the United States, but

1 0 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

throughout the Americas; the connection between poverty and environmental concerns; the different dimensions of the right to health; the very precarious and unsafe situation of environmental human rights defenders; among others. She also produced a variety of specialized opinions at the Inter-American Commission concerning toxic pollution and oil spills, water contamination, barriers to access food and adequate health services, human rights defenders at risk, as well as the negative impact of the construction of development projects on the environment and groups increasingly exposed to human rights violations.

Her environmental experience unfolds further, having participated in numerous hearings organized by the Inter-American Commission concerning environmental issues, such as climate change, the field of business and human rights, the impact of mining activities, and the threats faced by environmental human rights defenders. These cases offered Dean Celorio opportunities for frequent collaboration with many non-governmental organizations, United Nations experts working in this area, and victims of human rights violations.

While most of Dean Celorio’s previous work as a practitioner, as well as her scholarship, legal research, and teaching, has been focused on vulnerable groups, she believes this is a great entry point to understand the importance of environmental law, at both the domestic and international levels. Having participated in countless processes at the IACHR to find connections between the Sustainable Development Goals (SDG’s) and international law, including a better definition of state obligations in this area, Dean Celorio is well-attuned to the fact that the environment is increasingly an area of importance and development in international law and in the human rights context.

As the new Associate Dean of International and Comparative Legal Studies, Dean Celorio is looking forward to the opportunity to collaborate with GW’s Environmental and Energy Law Program to find new synergies between international human rights law and environmental law. n

PROFILES

Achinthi Vithanage, Visiting Associate Professor of Law and Environmental and Energy Law Fellow

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chinthi Vithanage joined the GW Law faculty in July 2018 as its first Environmental and Energy Law Fellow with an international law background. She is an admitted solicitor of New South Wales (NSW) in Sydney, Australia, and immediately prior to joining GW Law, was a merit scholarship recipient and LLM student in the Global Environmental Law Achinthi Vithanage track at the Elisabeth Haub School of Law at Pace University.

Having been born in Sri Lanka, lived in the United Arab Emirates, practiced as an attorney in Australia, and undertaken tertiary studies in Australia, Japan, China, Spain, and the United States, Professor Vithanage adds a uniquely international perspective to GW’s Environmental and Energy Law Program.

Her interest in international environmental law and energy law and policy began early in her tertiary studies, leading her to secure employment at the NSW Energy & Water Ombudsman, a government-approved, industry-based independent body which monitors the water and energy industries in the state and develops and contributes to the energy policy debate. She also spent an exchange year at Waseda University in Tokyo, Japan, under a JASSO ( Japan Student Services Organization) Scholarship, completing interdisciplinary courses on Environmental Science and Global Environmental Politics & Policies. She happens to speak Japanese, too! She completed her undergraduate combined

degree of B Laws / B International Studies at the University of NSW, Sydney, and was encouraged by her Research Thesis supervisor at the time, Professor Timo Koivurova (now, Director of the Arctic Centre), to submit her International Environmental Law class paper for publication. Her article on ‘Marine Protected Areas: The Chagos Case and The Need to Marry International Environmental Law with Indigenous Rights’ subsequently found its home in the 2012 edition of Brill’s Yearbook of Polar Law. Following her admission, Professor Vithanage practiced mostly in the commercial law and property law fields at NRG Legal for almost five years.

However, her interest in international environmental law hardly diminished during this time. In 2012, having joined the Law Society of NSW Young Lawyers International Law Committee (ILC) she gradually rose through the ranks, to be eventually elected as Chair of the ILC in 2015. During her two-year tenure, Professor Vithanage endeavored to bring issues of international environmental law into the spotlight, inviting numerous academics in the field for presentations at meetings and presenting joint submissions with the Environmental & Animal Law Committees to Senate Committees on biodiversity issues.

Her decision to embark on an academic career and move to the United States was influenced by a chance meeting with Professor Randall Abate (former Associate Dean at Florida A&M University School of Law) at the Animal/ Wildlife Law Forum at the University of Sydney. It was his encouragement that led Professor Vithanage to apply to Pace University for an LLM in Global Environmental Law and later to apply to GW Law’s Fellowship under Associate Dean LeRoy Paddock.

Professor Vithanage has acquired a wealth of environmental law experience since her arrival in the United States She undertook the United Nations Practicum on Environmental Diplomacy at the Mission of one of

the Association of Small Island States; published an article in the 2017 Fall Issue of the American Bar Association’s Natural Resources & Environment on “Citizen Advocacy and the Bering Strait Climate Resilience Area;” assisted the Pace Energy & Climate Center with a Side Event to the United Nations High Level Political Forum on SDG 7 Energy; worked as a research assistant to Pace’s Environmental Law Program and several professors who are part of the program; attended and presented on “Utilizing Marine Protected Areas to Facilitate Climate Change Adaptation: Tales from the Pacific,” at the Pacific Climate Change Conference in New Zealand with Pace University’s sponsorship; attended and presented at the IUCN Colloquium in Glasgow, Scotland; completed paid independent research work on climate change adaptation finance; and was invited as a panelist at FAMU’s Energy Water Food & Nexus International Summit, presenting on climate change adaptation-based food security policy in the Pacific Islands, including energy implications for the islands. Professor Vithanage is presently finalizing her LLM thesis under Professor Nicholas Robinson’s supervision on the topic of High Seas Biodiversity Conservation, advocating for a protocol on ex situ conservation under the UNCLOS Convention on Biodiversity Areas Beyond National Jurisdiction. She is also co-authoring a paper with Professor Richard Ottinger (Dean Emeritus at Pace University) on “Community Renewable Energy Laws for Innovation” and has a forthcoming article in Brill’s Yearbook of International Environmental Law. Professor Vithanage finds herself fortunate to have had great mentors in environmental law to guide her along her career path. Her advice to students interested in pursuing environmental law is to find dedicated mentors in the field; make use of their wisdom, guidance, and knowledge; and to show appreciation for that mentorship. n

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 1

PROFILES • EVENTS

Deepti Bansal, Class of ‘20

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eepti Bansal discovered her love for the environment during family camping trips as a child, but it was not until she embarked on a six-month field study program in Central America focusing on sustainability and the environment that she knew she wanted to pursue a career in conservation. During Ms. Bansal’s field study program, she was inspired

by Lolo, a member of the Borucan indigenous group. Lolo spoke about Deepti Bansal a large hydroelectric dam that was to be built on his ancestral land, and his peoples’ struggle to protect their

Aaron Aber, Class of ‘20

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aron Aber knew that he wanted to be a lawyer, but after graduating from the University of Maryland with a degree in environmental politics and policy in 2016, he initially planned to take a few years off before attending law school.

Mr. Aber was working for a trade association, representing businesses involved in the renewable Aaron Aber wood heating sector when his hometown was affected by environmental contamination. PFOS and PFOA’s were found in the drinking water, the water Mr. Aber drank as a kid. Mr. Aber remembered that during college, his environmental policy and public health professor had explained the importance of the judicial system in advancing environmental protections. Mr. Aber realized

land. Ms. Bansal became inspired to work in the field of environmental law, specifically with a focus on land conservation for the purpose of wildlife conservation and resource protection.

Before leaving college, Ms. Bansal further explored her interest in the environment by focusing her senior thesis on “Sustaining Artisan Work and the Environment in the Modern Business World,” starting a program called the Sustain Project and earning a “Business in the Environment” minor.

After working as a financial consultant following college, Ms. Bansal became even more confident in her desire to work in environmental law.

Ms. Bansal choose to attend GW Law after speaking to Associate Dean for Environmental Legal Studies, LeRoy Paddock. His willingness to speak to and encourage Ms. Bansal, as well as the school’s emphasis on collaboration and

that by becoming a lawyer, he would have the ability to act as an advocate for communities like his.

Wanting to remain close to his hometown in Pennsylvania, Mr. Aber looked for a law school that offered a wide breath of environmental and energy law classes and found GW Law was a perfect fit. Now a second-year law student, Mr. Aber has had the opportunity to work at the U.S. Forest Service and with Dean LeRoy Paddock on demand response research. Mr. Aber is a new member of The George Washington University Law Review and a member of the George Washington Environmental and Energy Law Association. In the future Mr. Aber would like to focus on regulatory work. n

1 2 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

cooperation, rather than competition, motivated her decision. Now, entering her second year of law school, Ms. Bansal is serving as a research assistant for Dean Paddock, helping to write a chapter on “Energy Efficiency Programs in the United States” for the Elgar Encyclopedia of Environmental Law. This past summer Ms. Bansal worked as a summer law clerk at the Environmental Law Institute and volunteered at the K Street Farm. In the spring Ms. Bansal will be an extern at the Nature Conservancy, an experience she hopes will teach her more about conservation and land protection. In the long run, Ms. Bansal hopes to live on her own undeveloped land with a subsistence garden and use her law degree on the side to start an organization that helps people receive conservation easements and/or protect their land and wildlife. n

Ocean Conference from page 1

titled “Changing and Dynamic Oceans: Gauging Law and Policy Responses.”

The event is particularly timely as it will immediately follow the first session of the Intergovernmental Conference on an international legally binding instrument under the UN Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) which was held in September 2018.

Topics to be discussed include: Offshore Oil and Gas (leasing, safety, other issues), Offshore Renewables (tidal energy, wind), International Fisheries (IUU fishing, climate change), Marine Mammal Protection (noise and right whale), the UN BBNJ Process, Deep Seabed Mining, and Regional BBNJ Approaches and Challenges.

To register for the conference or for more information, including a copy of the Agenda, please visit: www.law.gwu.edu/ changing-and-dynamic-oceans-gauginglaw-and-policy-responses. n

PROFILES

Jacqueline Yap, Class of ‘19

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acqueline Yap grew up in St. Louis, Missouri, but it took a trip to China, the summer before college, for Ms. Yap to discover her interest in environmental issues. During her month-long visit, Ms. Yap noticed that there was not one day where she was able to see a blue sky.

This visit to China served as a pivotal point in Ms. Yap’s academic career as air pollution suddenly became a palpable health risk, not just a phenomenon that merely existed in books and Jacqueline Yap documentaries.

Throughout her time at Emory University as an Environmental Sciences

Kelly Garson, Class of ‘19

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elly Garson is from Dobbs Ferry, New York, and graduated from Binghamton University in 2015 with degrees in history, and environmental policy and law, but her interest in environmental issues began in high school when she took an advanced placement environmental science class. She has found that majoring in both history and environmental studies has given her a unique perspective on environmental policy.

Her coursework has Kelly Garson allowed her to examine the history of science, technology, and the intersection of environmental health and human rights.

and East Asian Studies double major, Ms. Yap conducted field research in South Carolina to study the effects of climate change on salt marsh ecosystems, studied forestry and sustainability in Freiburg, Germany, and spent a semester in Beijing, China, living in the environment that originally inspired her course of study.

Under the guidance of Dr. Eri Saikawa, Ms. Yap researched global emissions and fuel quality standards for passenger vehicles and the public health effects of transportation sector emissions on Bangladesh.

Ms. Yap’s interest in law was sparked during a sustainable development course at Emory discussing the UN climate conferences. Her curiosity about the UN climate conferences led Ms. Yap to pursue a leadership position as a Sierra Club delegate to the COP21 climate negotiations in Paris after graduation.

As a delegate, she coordinated lobbying actions with the China Youth Climate

Action Network in the year leading up to COP21 and observed the negotiations behind closed doors.

Ms. Yap chose GW Law because of the strength of its environmental and energy law program and its location in Washington, D.C., the heart of the federal government. During her time at GW Law, Ms. Yap has interned at the U.S. Environmental Protection Agency, the Office of the U.S. Trade Representative, the U.S. Department of Justice, and Latham & Watkins LLP. She has written on smart grid regulatory issues as a participant in the University of Groningen Energy Law Research Exchange program in the Netherlands.

As a third-year law student, Ms. Yap serves as the law clerk for the D.C. Bar Environment, Energy, and Natural Resources Committee and as the President of the GW Law Environmental and Energy Law Association. n

As an undergraduate, Ms. Garson interned at the Pace Environmental Litigation Clinic and the New York State Department of Environmental Conservation. These internships allowed Ms. Garson to see how she could potentially help to improve the environment and protect communities as a lawyer. It was these experiences that encouraged Ms. Garson to look for a law school with a strong environmental program. She chose to attend GW Law because of the number of environmental classes and because of the Journal of Energy and Environmental Law. Ms. Garson felt that GW Law would provide her with a well-rounded legal education.

Now a third-year law student, Ms. Garson is serving as the EditorIn-Chief for the Journal of Energy and Environmental Law and working as a research assistant for Professor Emily Hammond. This past summer, Ms. Garson worked at Jill Grant & Associates, LLC, a law firm focused

on environmental, administrative, and tribal law. Ms. Garson has also interned at the New York City Office of Administrative Trials and Hearings, the U.S. Department of Justice in the Environment and Natural Resources Division, and the U.S. Environmental Protection Agency in the Office of Enforcement and Compliance Assurance during her time at GW Law. In the future Ms. Garson would like to further explore both transactional work and litigation as she works to be in a position to help communities to innovate, minimize environmental harm, and improve quality of life. n

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 3

PROFILES

Peter Malyshev, Professorial Lecturer in Law

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eter Malyshev, a partner at Reed Smith LLP with a practice that focuses on regulatory, compliance, and transactional issues related to commodities, securities, and derivatives products, also works as an adjunct professor at GW Law, teaching a class on Energy Commodities and Derivatives Regulation.

Mr. Malyshev became interested in commodities and derivatives regulation because he was fascinated with the Peter Malyshev possibility to reduce

Thomas R. Mounteer, JD ’85, LLM ’94 and Professorial Lecturer in Law

T

homas Mounteer is a partner at Paul Hastings and has served as an adjunct professor at GW Law for the past 23 years. Mr. Mounteer started out co-teaching a course on hazardous waste management after his law school mentor Arnold Reitze took a chance on him. He eventually took over a course on the environmental aspects of business transactions and has found that he Thomas R. Mounteer immensely enjoys being in the classroom and great students keep him coming back every year.

Mr. Mounteer was drawn to law school as a result of his interest in public policy.

After earning an undergraduate degree in political science and economics, he found himself attracted to administrative law.

market and price risks by using contractual arrangements that help end users and participants transact more efficiently and hedge their commercial risks. He also was intrigued by the idea that statistics allow for risks to be quantified that otherwise would likely remain unknown.

Armed with a law degree and a finance background, Mr. Malyshev quickly became an expert in derivatives as a first-year associate. Later, Mr. Malyshev had the opportunity to work at the Commodity Futures Trading Commission’s Division of Economic Analysis and the Office of International Affairs, and gained, what he considered to be invaluable experience in how the markets work from the regulator’s perspective. Now, with over 20 years of experience he recognizes that there is a great need to reduce overregulation and promote United States commercial

interests globally. He feels that there is a disparity between the regulatory regimes for derivatives by the CFTC, the SEC, and Foreign Regulators that needs to be remedied. He also believes that the lack of government cohesive response to various issues in the Fintech, such as bitcoin and blockchain technology, is a critical issue.

For students interested in pursuing a career in derivatives and commodities law, Mr. Malyshev has three suggestions: (1) Take his class, (2) Read The Wall Street Journal, and (3) Focus on the risks in business and how these risks can be mitigated. The Commodities and Derivatives Bar may be very small, but every major company uses derivatives and trades commodities. There are many opportunities for lawyers entering this field. n

During his second year at law school he began working at a law firm and eventually a major pharmaceutical company client had its first Superfund claim. A few years after earning his law degree, Mr. Mounteer returned to law school to obtain an environmental LLM. Over the years Mr. Mounteer has mainly worked in private practice, but has nonetheless enjoyed a wide breadth of variety in his career. A few years after law school, he changed firms and started providing solid and hazardous waste counsel to one of the world’s leading confectionary companies. He later represented one of the nation’s largest solid waste management and landfilling companies for many years and for more than a decade, he acted as environmental counsel for a leading rental car company, managing scores of underground storage tank cleanups. Now, a partner at Paul Hastings, Mr. Mounteer has once again shifted his focus as he supports the firm’s mergers & acquisitions, private equity and finance practices. He has found that he enjoys the variety of deals in both the commercial and industrial sectors that he is involved with on a daily basis.

When asked what he views as the most critical environmental issue today, he identified the need to control greenhouse gas emissions to do what we can to fend off climate change. He feels that this may, however, be an impossible task under the current administration. He says this is not the world he grew up in; nowadays, people do not seem to trust the academy and the value of peer-reviewed scientific journals.

For students who are interested in getting involved in the environmental law field, Mr. Mounteer expresses that this is not the same field he entered over 30 years ago. He finds that it is much harder for today’s students to get a start, especially with the scarcity of job openings at the EPA and Department of Justice. While most corporations do not hire directly from law school, he suggests that regional firms and state capitals may provide more opportunities. Overall, he has found that students who are truly passionate about the field find opportunities. n

1 4 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

PROFILES

Adam Eldean, JD ‘14

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dam Eldean is a GW Law graduate who currently works as an Attorney-Adviser with the Office of the General Counsel, Energy Markets at the Federal Energy Regulatory Commission. He focuses primarily on electricity proceedings in the Midwest region and occasionally works on some natural gas matters. Mr. Eldean often returns to GW Law to talk about his experiences at the Federal Energy Regulatory Commission, and with the Energy Bar Association to talk about energy law.

Adam Eldean

Anne McKibben, JD ‘05

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nne McKibben is an attorney at Elevate Energy and a GW Law alumna. Ms. McKibben has been interested in protecting the environment since she was a child as she was fortunate enough to grow up on a farm. Ms. McKibben initially worked as an economist, but a job at the Texas Public Utilities Commission led her to law school. While in law school she focused on air and energy regulation and found herself working with the Citizens Utility Board, an Illinois nonprofit utility ratepayer advocate, after law school. Ms. McKibben later joined Anne McKibben the Midwest Energy Efficiency Alliance before landing at Elevate Energy as Policy Director.

Elevate Energy is a Chicago-based nonprofit that designs and implements programs that lower costs, protect the environment, and ensure the

Mr. Eldean became interested in Energy Law during his 1L summer when he worked abroad in Poland at White & Case. After his 1L summer Mr. Eldean continued to work in the energy field, interning at both the American Wind Energy Association and at the Federal Energy Regulatory Commission in the Office of Investigations, Office of the General Counsel, and the Office of Administrative Litigation. He has been very happy with his choice to pursue energy law and he believes that his time at GW Law has greatly benefited him, exposing him to energy law through coursework, journal, and other opportunities.

Mr. Eldean views climate change as being the most critical environmental issue that is facing the world today. He believes that we need honest discussions and global action to make progress in this

benefits of energy efficiency, solar, and healthy housing to those who need them the most. In this role, Ms. McKibben develops and implements policy initiatives and advocacy efforts related to energy efficiency, residential hourly electric pricing, water conservation, lead removal, and solar energy, focusing on efforts that serve economically disadvantaged communities, affordable housing, nonprofits, and municipalities. She also serves as a consultant to state and local energy planning efforts.

Like many other attorneys working in the environmental and energy fields, Ms. McKibben recognizes that climate change is one of the most critical environmental issues that we are currently faced with. She has personally felt impacted by climate change as Chicago welcomed thousands of Puerto Rico residents after hurricane Maria.

When asked if she had any advice for students interested in pursuing a career in environmental or energy law, Ms. McKibben replied that students should focus on finding their purpose. Like any field, environmental and energy law can be a means to fulfill your life’s purpose, or it can be just a job. You want something that you can turn to when times get tough. n

area. He does not believe that the current administration is willing to lead those efforts and therefore feels that it is very important for NGOs and other groups to fill that vacuum. Mr. Eldean also thinks that the integration of renewable energy into the current energy mix is an important issue at the intersection of environmental and energy law. He points out that interesting questions about state vs. federal jurisdiction in the energy sector have arisen as states experiment with ways to manage their policy preferences, such as the zero emission credits programs in Illinois and New York, which may affect the wholesale energy market.

For students interested in pursuing a career in energy law, Mr. Eldean urges them to learn about what was done in the past and to think creatively about how old problems can be addressed in new ways. n

Environmental and Energy Law Perspectives Environmental and Energy Law Perspectives is published annually by the Environmental and Energy Law Program at the George Washington University Law School.

Editor: Lee Paddock, Associate Dean for Environmental Studies Assistant Editor: Achinthi Vithanage, Visiting Associate Professor of Law and Environmental and Energy Law Fellow Send questions or comments to: Lee Paddock lpaddock@law.gwu.edu 202.994.0417 The George Washington University Law School Environmental and Energy Law Program 2000 H Street, NW Washington, D.C. 20052 Connect with GW Enviro Law: LinkedIn | Twitter | Facebook | Newsletter | Journal

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 5

PERSPECTIVES

Renewable Energy from page 1

The Developing Country Context

at a gathering of industry leaders in the clean energy space at the seventh Clean Energy Ministerial (CEM)5 in 2016, revolved around legal barriers, regulatory tools, policy frameworks, solutions, and best practices for deploying clean energy technologies.6 The absence of supportive national energy policies was subsequently identified as the greatest obstacle to accelerating access to decentralized renewable energy.7 This year proved to be no different with regulatory barriers again featuring in the CEM9 discussions and policy solutions repeatedly being called for.8 With the commercial and industrial sector accounting for 64 percent of global electricity use,9 combined with many leading corporations committing to 100 percent renewable energy goals,10 the critical role of the private sector as a driver of investment in renewable energy technologies is undeniable. However, clean energy industry leaders point to inadequate encouragement from national policies and emphasize the need for policy and regulatory adjustments designed to encourage corporate demand for scaling up renewable energy investment.11 The International Energy Agency (IEA), an autonomous agency representing 29 member countries with an overarching collective goal of ensuring energy security, also provides authoritative research and analysis on ways to ensure reliable, affordable, and clean energy. In its 2017 report, the IEA noted that “policy drivers do not always have sufficient market impact to steer technology choices in an optimal direction. Energy security and sustainability benefits need adequate market signals and regulations to encourage investments directed at long-term impacts.” 12 Thus, in order to boost renewable technology investment, innovation in policy needs to occur at a multi-sectorial level.

Supporting energy policy objectives with consistent coordination across taxation, finance, international trade, urban planning, research and development, and other relevant sectors, may provide the optimal conditions needed to fuel corporate demand.

Owing to technological advancement and its increasing affordability, bringing electrification to distant communities in need of energy access is now a reality.

The appearance of distributed renewable energy options, battery storage, and a variety of solar products on the market, will facilitate even more electrification in areas that historically have not had access to electricity. Yet, the electrification rates across the developing states are uneven. The rate in sub-Saharan Africa for instance currently stands at just 43 percent,13 while India claims to have achieved 100 percent village electrification, well ahead of its national deadline.14 However, the Indian government deems a village “electrified” if 10 percent of its households and all public places, including inter alia schools, village council offices, and health centers, have electricity access from basic infrastructure, such as a distribution transformer and distribution lines, serving the locality.15 A new government scheme has since been introduced targeting the remaining un-electrified homes, with accommodation made for the households located in remote and inaccessible areas through solar photovoltaic-based stand-alone systems.16 Yet, concern remains whether reliable electricity supply will be secured for these households or whether merely access to electricity infrastructure is the likely outcome.17 Furthermore, improvements in global electrification levels may not be as great as they initially seem. A study of all those who obtained electricity access worldwide in the 16 years since the millennium, indicated that almost all gained electrification via new grid connections, mostly powered by fossil fuels.18 States need to ensure meaningful access to “sustainable” energy for all by utilizing renewable energy sources and not simply focus on ‘universal access’ using carbon-based sources that do not contribute to long-term sustainability.

Domestic and regional energy policy have a significant role to play in promoting access to energy through technologies that are both reliable and sustainable. Largely spurred on by the international momentum built at the

1 6 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

21st Conference of the Parties in Paris, 2015 witnessed a significant uptake in renewable energy policies.19 Most notably, a plethora of national governments spanning Africa, Asia, and Latin America announced new or expanded targets and policies specifically promoting distributed renewable energy systems.20 This is in addition to the Pacific Island countries that had already pledged national policy targets of 100 percent renewable energy under the Barbados Declaration back in 2012.21 At the 22nd session of the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC), the 48 developing countries of the Climate Vulnerable Forum (CVF) committed jointly to achieving 100 percent renewable energy in their respective nations.22 This trend has continued to expand. Regional organizations, like the Economic Community of West African States (ECOWAS), adopted a Quality Assurance (QA) framework for off-grid-rechargeable lighting appliances for uptake through national law and policy.23 QA frameworks serve to reduce the supply of below-par offerings on the market.24 Indeed, the African continent has shown a remarkable political willingness to promote renewable energy at a regional level. For instance, the Regional Center for Renewable Energy and Energy Efficiency (RCREEE), serving North Africa, has developed initiatives aimed at funding a more open renewable energy market.25 Such political willingness is not as strong on the national level. Half of the low energy access countries in the African and Asian regions lack national energy access targets, 58 percent lack rural electrification targets, and almost 80 percent fail to set any targets specific to distributed renewable energy.26 Many countries still promote energy policies that favor grid-centric, fossil fuel approaches27 or fail to properly implement national renewable energy targets by not following through in practice what they warrant to do on paper.

Strong laws and policy can provide the necessary backbone for proliferating the availability of renewable energy

PERSPECTIVES

technologies. Dedicated electrification targets with specific reference to rural electrification and use of off-grid technologies are gradually being taken up. For example, Rwanda set targets to increase electrification to over 70 percent by 2018, out of which 22 percent is to be achieved through off-grid connections.28 Nigeria’s Minigrid Regulations provides developer protection, and its rural electrification policy creates an enabling environment for off-grid market growth.29 Since 2003, at least 14 policies addressing renewable energy and distributed generation remain in force in China.30 However, the positive impact of national policy and regulation is contingent on commensurate implementation. India’s draft microgrid policy for renewable energy-based electricity generation,31 for instance, has remained in draft form since 2016. Notwithstanding the delayed implementation, some states have forged ahead and established their own microgrid policies.32 Legally enforced fiscal incentives are also important. Indonesia introduced a rural electrification regulation that sets the framework and subsidies for electrifying those villages currently without energy access.33 However, limitations on foreign project ownership regulations still pose a challenge.34 In contrast, Myanmar’s Foreign Investment Law encourages foreign country participation by allowing 100 percent ownership on any remote microgrid project, as well as general renewable energy financial incentives like five-year income tax holidays for foreign investors, custom duty exemptions for importing associated equipment, and rights to carry forward and offset related losses, among others.35 Tax exemptions and net metering regulations targeting distributed solar photovoltaic systems have also been utilized to spur on the energy transition in India.36 In this vein, developing countries continue to grapple with how to best introduce policies suited to their individual transition into renewable energy-based economies. What is clear, however, is the need for a clear and holistic commitment towards renewable energy that is streamlined through policy, law, and national mindset. In envisioning

a global energy transformation to 60 percent renewables by 2050, the International Renewable Energy Agency identifies the timely introduction of regulatory and policy frameworks that: (1) provide an unambiguous long-term guarantee of energy system transformation in alignment with international climate goals; (2) deliver economic incentives that accurately reflect the true costs of fossil fuels; and (3) remove barriers to accelerate deployment of low carbon solutions.37

The United States Context Of course, when it comes to renewable energy, legal and regulatory issues arise here in the United States as well. Where the country once witnessed a transitioning of its national energy policy towards smarter energy technologies and policies,38 recent shifts demonstrate a return to unsustainable non-renewable sources of energy.39 Notwithstanding federal back-pedaling, individual states40 have forged ahead in keeping with the international policy of promoting renewable energy for sustainable development.

A variety of regulatory drivers, such as Renewable Portfolio Standards,41 which have been adopted in 29 states and D.C. representing 56 percent of total U.S. retail electricity sales,42 and grant programs promoting renewable energy technologies, which have seen implementation in 24 states,43 have continued to push the renewable energy agenda forward.

The effects of these positive efforts are still limited by other regulatory hurdles.

State experience with microgrid projects, for instance, have demonstrated five legal and regulatory challenges affecting the successful deployment of this emerging renewable energy urban technology and infrastructure in the United States.44 Namely, (1) the legal definition of ‘microgrid’; (2) the granting of franchises across public streets; (3) liability for service quality issues; (4) tariff issues for energy buyback and supplemental service; and (5) other customer service issues.

Recognizing these regulatory gaps, GW Law’s Sustainable Energy Initiative will soon release a template for code revisions that would facilitate greater deployment of microgrids.45

As the earlier discussion points out, it is clear that law and public policy is lagging behind technology, resulting in important missed opportunities to align the goal of energy access for all with the critical goal of expanding deployment of sustainable renewable energy. While the misalignment of policy and technology is now a fairly common phenomenon in a number of fields, it is also true that the future of sustainable development is not possible without renewable energy at its core.46 States everywhere need to embrace renewable energy technologies, like microgrids, rather than putting off the inevitable need to deploy sustainable technologies. There is space for law and policy to innovate to drive the use of more sustainable technology to meet access goals and states should do so now.

Endnotes

Renewable Energy Pol’y Network for the 21st Century (REN21), Renewables Global Futures Report: Great Debates Towards 100% Renewable Energy 28 (2017), www. ren21.net/wp-content/uploads/2017/10/ GFR-Full-Report-2017_webversion_3.pdf (analyzing the results of a survey of world energy experts, which found that while an interviewed majority (35%) of experts agreed or strongly agreed (36%) that a global 100 percent renewable energy target was feasible and realistic, 17 percent disagreed and 12 percent maintained neutral positions.)

1

Int’L Energy Agency (IEA), World Environmental Outlook 2017 11 (2018), www.iea.org/publications/freepublications/ publication/WEO2017SpecialReport_ EnergyAccessOutlook.pdf [hereinafter IEA WEO 2017 Report].

2

The others being, lack of access to finance for both companies and consumers; kerosene and diesel subsidies; fiscal and import barriers; lacking consumer awareness; absent product standards; and a lacking qualified and skilled workforce.

3

REN21, Renewables 2017 Global Status Report 108 (2017), www.ren21.net/wp-content/ uploads/2017/06/17-8399_GSR_2017_Full_ Report_0621_Opt.pdf [hereinafter REN21 GSR 2017].

4

The Clean Energy Ministerial (CEM) is a high-level global forum to promote policies and programs that advance clean energy technology. Its members represent 90 percent of global clean energy investment and 75 percent of greenhouse gas emissions.

5

continued on page 18

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 7

PERSPECTIVES

Renewable Energy from page 17

CEM7 was attended by energy ministers and high-level delegates from 23 countries and the European Union as well as nearly 60 companies and non-governmental organizations, and 10 subnational governments.

CEM 7, Roundtable Topic Summary Report (2016), www.cleanenergyministerial.org/ sites/default/files/2018-07/CEM7%20 RT%20Summary%20report.pdf.

6

William Brent, Policy, Not Finance, Biggest Obstacle to Scaling Decentralized Renewable Energy: Energy Access Summit, Renewable Energy World ( Jun. 13, 2016), www. renewableenergyworld.com/articles/2016/06/ policy-not-finance-biggest-obstacle-toscaling-decentralized-renewable-energyenergy-access-summit.html 7

CEM 9, Summary of CEM9 PublicPrivate Roundtable Discussions (2018), www.cleanenergyministerial.org/sites/ default/files/2018-07/Summary%20of%20 CEM9%20Roundtables.pdf [hereinafter CEM 9 Summary].

8

Int’L Renewable Energy Agency (IRENA), Corporate Sourcing of Renewables: Market and Industry Trends – REmade Index 2018 56 (2018), www.irena.org/-/media/Files/ IRENA/Agency/Publication/2018/May/ IRENA_Corporate_sourcing_2018.pdf.

9

RE100 is a collaborative, global initiative with 140 influential companies, such as IKEA, Apple, Bank of America, eBay, Facebook and Google among them, committing to source 100 percent of their global electricity consumption from renewable sources by a specified year: RE100, there100.org/re100.

10

11

CEM 9 Summary, supra note 8.

(IEA) / Organization for Economic Cooperation and Development (OECD), Energy Technology Perspectives 2017: Catalyzing Energy Technology Transformations 3 (2017) [hereinafter IEA/OECD Report].

12

13

IEA WEO 2017 Report, supra note 2.

@narendramodi, Twitter (Apr. 28, 2018, 9:58 PM), twitter.com/narendramodi/ status/990455176581517312 (stating “we fulfilled a commitment due to which the lives of several Indians will be transformed forever! I am delighted that every single village of India now has access to electricity.”)

14

Scheme of Gov’t of India for Rural Electrification (Deendayal Upadhyaya Gram Jyoti Yojana), www.ddugjy.gov.in/ portal/definition_electrified_village.jsp (last visited Sep. 9, 2018).

15

Gov’t of India Ministry of Power, Pradhan Mantri Sahaj Bijli Har Ghar Yojana Saubhagya – Frequently Asked 16

Questions (FAQs) – For Helpline (1912), powermin.nic.in/sites/default/files/webform/ notices/FAQs_helpline_for_Saubhagya.pdf (last visited Sep. 9, 2018).

Rajesh K. Singh and Saket Sundria, India Nears Power Success, But Millions Still in the Dark, Bloomberg (Apr. 26, 2018, 12:30 PM), www.bloomberg.com/news/ articles/2018-04-26/india-nears-powersuccess-but-millions-are-still-in-the-dark.

17

18

IEA WEO 2017 Report, supra note 2, at 12.

REN21, Renewables 2016 Global Status Report 20 (2016), www.ren21.net/wp-content/ uploads/2016/10/REN21_GSR2016_ FullReport_en_11.pdf [hereinafter REN21 GSR 2016 Report] (stating “as of year-end 2015, at least 173 countries had renewable energy targets (not considering INDCs), and an estimated 146 countries had renewable energy support policies, at the national or state/provincial level.”)

19

20

Id., at 95.

The Cook Islands, Fiji, Niue, Solomon Islands, Tokelau, Tuvalu and Vanuatu are among the Pacific Island nations signatory to the Declaration: Small Island Developing States (SIDS), The Barbados Declaration on Achieving Sustainable Energy for All in Small Island Developing States (May 8, 2012), www.sids2014.org/content/ documents/258Barbados%20Declaration. pdf 21

The Climate Vulnerable Forum [CVF], The Marrakech Communique, Annex 7, (November 17, 2016).

22

Antoinette Price, Electricity Access for Everyone, Everywhere: Facilitating Rural Electrification in Developing and Newly Industrialized Countries, Int’L Electrotechnical Comm’n (2016), iecetech.org/issue/2016-04/ Electricity-access-for-everyone-everywhere.

23

24

REN21 GSR 2017, supra note 4, at 108.

L’Afrique des Idées, Potential, Policies, Financing, and De-Risking in Renewable Energy Sector in Africa 29 (Dec. 2017), www.lafriquedesidees.org/wp-content/ uploads/2017/12/ADI_G11_Renewable_ Energy-Final-Review-20171114-CLEAN.pdf (noting that initiatives for renewable energy financing include feed-in tariffs, energy audits, certification, network codes, and grants for young researchers.)

25

Powerforall, Decentralized Renewables: From Promise to Progress 3, 12 (March 2017), static1.squarespace.com/ static/532f79fae4b07e365baf1c64/t/58e3 f73ce4fcb5a3a0989855/1491334979777/ Decentralized-Renewables-From-Promiseto-Progress-March-2017.pdf 26

27

Id., at 3.

1 8 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

Republic of Rwanda Ministry of infrastructure, Rural Electrification Strategy 7 ( Jun. 2016), www.mininfra.gov. rw/fileadmin/user_upload/aircraft/Rural_ Electrification_Strategy.pdf 28

See The Int’l Bank for reconstruction and Dev. [IBRD], Minigrids in Nigeria: A Case Study of a Promising Market (Nov. 2017), documents.worldbank.org/curated/ en/352561512394263590/pdf/ESM-dNigeria MiniGridsCaseStudyConfEd-PUBLIC.pdf 29

See “Table 5. Energy Policies Considered for Microgrids in China” in Amjad Ali et al., Overview of Current Microgrid Policies, Incentives and Barriers in the European Union, United States and China, 9 Sustainability 12 ( Jun. 29, 2017).

30

Ministry of New and Renewable energy, Draft National Policy on RE Based Mini/Micro Grids, 30/05/2012/ NSM ( Jun. 1, 2016), mnre.gov.in/filemanager/UserFiles/draft-national-Mini_ Micro-Grid-Policy.pdf 31

Rahul Tongia, Microgrids in India: Myths, Misunderstandings and the Need for Proper Accounting, Brookings India 9 (2018), www. brookings.edu/wp-content/uploads/2018/02/ impact_series_microgrid-folder_feb10-2.pdf 32

Ministry of Energy and Min. Res. (Kementrian Energi Dan Sumber Daya Minerla Republik Indonesia), EMR Minister Regulation Number 38: Effort to Meet an Electricity Remote Areas (Mar. 18, 2017), www.esdm.go.id/en/media-center/ news-archives/permen-esdm-nomor38-tahun-2016-upaya-pemenuhankelistrikan-daerah-terpencil (last visited Sep. 9, 2018) (regarding the introduction of Ministerial Decree - Minister of Energy and Mineral Resources (ESDM) No. 38/2016 on Accelerating the Electrification of underdeveloped Rural area, Isolated, Border and Small Island population area of Through Implementation of small scale Electricity Supply.)

33

Louis Brasington, Power to the People: Remote Microgrids Across Southeast Asia, Clean tech. Group ( Jul. 26 2018), www. cleantech.com/power-to-the-people-remotemicrogrids-across-southeast-asia/ (noting that Indonesian national law forbids foreign ownership of microgrids providing less than 1 MW, and permits only 50% foreign ownership of microgrids providing between 1 and 10 MW and 95 percent ownership for those delivering 10MW or more.)

34

Myan. Inv. Comm’n, The Foreign Investment Law, The Pyidaungsu Hluttaw Law No 21/2012, The 3rd Waning of Thadingyut, 1374 ME (Nov. 2, 2012), www. iea.org/media/pams/myanmar/2012_ ForeignInvestmentLawEngMyan.pdf.

35

PERSPECTIVES

Madhya Pradesh Urja Vikas Nigam Limited, Madhya Pradesh Policy for Decentralized Renewable Energy Systems, 2016, (Sep. 24, 2016), www.mprenewable.nic.in/ Decentralized%20RE%20Policy%20in%20 English%2024.09.2016.pdf.

36

IRENA, Global Energy Transformation: A roadmap to 2050 15 (2018), www.irena. org/-/media/Files/IRENA/Agency/ Publication/2018/Apr/IRENA_Report_ GET_2018.pdf?la=en&hash=9B1AF0354A21 05A64CFD3C4C0E38ECCEE32AAB0C 37

See Kevin B. Jones & David Zoppo, A Smarter, Greener Grid: Forging Environmental Progress Through Smart Energy Policies and Technologies 3 (Benjamin K. Suvacool, 2014).

38

President Trump’s America-First Offshore Energy Strategy enabled the largest lease sale for oil and gas exploration and development in U.S. history: see Press Release, U.S. Department of the Interior, Interior Announces Date for Largest Oil and Gas Lease Sale in U.S. History (Feb. 16, 2018), available at www.doi.gov/pressreleases/ interior-announces-date-largest-oil-andgas-lease-sale-us-history (last visited Sep. 4, 2018).

39

Examples, among others, include California, which set a state target of 50 percent of the state’s electricity to come from renewable resources by 2030 and is presently on track to surpass this goal: see Cal. Energy Comm’n, California’s 2030 Climate Commitment Renewable Resources for Half of the State’s Electricity by 2030, available at www.arb. ca.gov/html/fact_sheets/2030_renewables. pdf (last visited Aug. 31, 2018); and New York, which followed suit:, see Energy to Lead: 2015 New York State Energy Plan, New York State Energy Planning Board, Vol 1, at 112, available at energyplan. ny.gov/Plans/2015.aspx.

Efficiency , Renewable Energy, and Combined Heat and Power 3-3 (2015), www.epa.gov/sites/production/files/2017-06/ documents/guide_action_full.pdf

40

Keven B. Jones, et al, The Urban Microgrid: Smart Legal and Regulatory Policies to Support Electric Grid Resiliency and Climate Mitigation, 41 Fordham Urban L.J. 1753 (2015).

44

Forthcoming paper by Donna M. Attanasio, Senior Advisor for Energy Law Programs, The George Washington University Law School.

45

IEA/OECD Report, supra note 12, at 2 (confirming that a number of trends show a changing global energy system, most notably that renewables and nuclear energy are supplying the majority of demand growth). n

46

These standards obligate all retail electric providers to ensure that a percentage, or a specified amount, of the electricity they sell comes from renewable resources.

41

Galen Barbose, Lawrence Berkeley National Laboratory, U.S. Renewables Portfolio Standards: 2017 Annual Status Report 6 (2017).

42

U.S. Envtl. Prot. Auth. [EPA], EPA Energy and Environment Guide to Action: State Policies and Best Practices for Advancing Energy 43

Energy Law Advisory Board Chairman

Charles A. Berardesco, JD ‘83 North American Electric Reliability Corp.

Members of the Board

Todd Mullins, JD ‘89 McGuire Woods Diane Munns Clean Energy Collaborative, Environmental Defense Fund

Noel W. Black Southern Company

J. Andrew “Drew” Murphy, JD ‘87 Edison International

George “Chip” D. Cannon, Jr., JD ‘94 Akin Gump Strauss Hauer & Feld LLP

Earle H. O’Donnell, JD ‘75

Douglas E. Davidson, JD ‘71

Daniel J. Oginsky, JD ‘99 ITC Holdings Corp.

David J. Dulick, JD ‘78 Allegheny Electric Cooperative, Inc.

Daniel F. Stenger, JD ‘80 Hogan Lovells US LLP

Emily S. Fisher Edison Electric Institute

Faculty Leadership

Kevin C. Fitzgerald, JD ‘91 Plymouth Investments LLC Daniel Hagan White & Case LLP

Donna M. Attanasio The George Washington University Law School LeRoy C. Paddock The George Washington University Law School

Emma F. Hand Dentons US LLP

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 9

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