Environmental and Energy Law Perspectives Fall 2019

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

FALL 2019 ISSUE PERSPECTIVES 1, 15–16 NEWS AND ANNOUNCEMENTS 1–5, 17–19 EVENTS 5–8 FACULT Y PUBLICATIONS AND PRESENTATIONS 9–11 PROFILES 11–14

NEWS AND ANNOUNCEMENTS

Citizen Science and Environmental Governance LeRoy C. Paddock, Associate Dean for Environmental Studies

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itizen science is rapidly evolving as new technologies become available that allow citizens, often working with university and other experts, to play a much more active role in monitoring environmental conditions.

This issue is explored in depth in a recent article published in the Environmental Law Reporter News & Analysis authored

by George Wyeth, Visiting Scholar at GW Law and now at the Environmental Law Institute; Alison Parker, now a Researcher in the Science and Technology Innovation Program at the Woodrow Wilson International Center for Scholars; Robert L. Glicksman, J.B. and Maurice C. Shapiro Professor of Law at GW; LeRoy C. Paddock, Associate Dean for Environmental Studies at GW Law; and Jecoliah Williams, 3L at

GW. The following materials outline our research on citizen science that includes several case studies. The full article is available at https://elr.info/ news-analysis/49/10237/impact-citizenenvironmental-science-united-states.

In April 2018, the Environmental Defense Fund announced that it would launch in late 2020 a satellite that can detect methane emanating from oil and gas operations with the ability to monitor up to 80 percent of worldwide production.1 This development comes at the same time that the Trump administration has sought to rescind regulations requiring companies to more closely monitor methane emissions from oil and gas operations and associated facilities including pipelines and refineries.2 The continued on page 15

50th Anniversary of GW Law’s Environmental and Energy Law Program

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W Law’s Environmental Law Program was established in 1970 at approximately the same time as groundbreaking federal environmental legislation (e.g., National Environmental Policy Act and Clean Air Act) ushered in a new era of environmental protection. In 1970 GW Law received a $250,000 grant from the Ford Foundation to help train lawyers who would be at the forefront of this new environmental law movement allowing the law school to bring Professor Arnold Reitze on board to lead the program. The grant to GW Law was the largest of six grants to continued on page 17

NEWS AND ANNOUNCEMENTS

News and Announcements Hosting a second roundtable on microgrids in collaboration with NRRI and SEPA.

Sustainable Energy Initiative: an Energy Law Research Hub

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n the 2018–19 academic year, GW Law’s Sustainable Energy Initiative (SEI) expanded its work on microgrids, started work on disaster planning and management, and organized a two-day conference on electrification of the transportation sector.

New research projects are being undertaken on a cross-disciplinary basis with other GW schools. SEI also launched a new blog with written pieces covering all things sustainable energy-related. The busy academic year also included student successes and the creation of a new organization to foster stronger energy law alumni relations.

Microgrids

Microgrids are an emerging technology that has the potential to add resiliency to the electric grid, meet new customer demands, and facilitate integration of renewable energy, among other things.

Over the past year, Senior Advisor for Energy Law Programs Donna Attanasio has devoted substantial time and effort to researching and writing about microgrids and the means to regulate them.

Spring semester 2018 marked the beginning of a new project to build a database on the status of U.S. state law

Donna Attanasio, Senior Advisor for Energy Law Programs, sitting on a panel at NARUC’s annual meeting and presenting on SEI’s Microgrid work.

regarding microgrids. Although still in its nascent stage, six of GW’s first-year JD students had an opportunity to learn about microgrids while helping to shape the future of this project.

On February 14, SEI, the National Regulatory Research Institute (NRRI), and the Smart Electric Power Alliance (SEPA) co-led a discussion at GW Law on microgrid regulation. The animated conversation helped uncover and bring attention to the difficulties in structuring regulations that will allow for costeffective microgrids to flourish without imposing undue burdens. Discussion highlights included the difficulty of evaluating the ratepayer benefits (relative to costs) of deployment opportunities beyond the single-user/single-site configuration that is presently the most common. Emphasis was also given to issues of cost-allocation and energy justice. Jurisdictions also must grapple with the issue of whether to structure regulations to encompass specific business models, as Puerto Rico did in its adopted regulatory code (personal, cooperative, or third-party owned), or allow flexibility for more varied ownership and operation, including structures blending utility and private investment.

SEI, NRRI, and SEPA are continuing their work, in collaboration and individually, to develop ideas and frameworks that will allow jurisdictions to find suitable

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regulatory structures that meet their priorities and needs.

The next roundtable conversation on microgrids, in June, had an international focus. The program was co-hosted by GEODE, an association of European distribution utility companies that brought its delegation to GW. Chile and Australia were also represented at the table. The conversation demonstrated that finding the optimum balance between the benefits of small locally operated microgrid systems and the scale economy of larger traditional distribution systems is a shared issue among countries with well-developed electric distribution systems.

Publications and additional conferences and work in this area will be forthcoming.

Electrification of the U.S. Electric System

Electric transportation, and beneficial electrification more generally, is often mentioned as a key means to reduce greenhouse gases. However, as became apparent during the March 2018 roundtable that SEI hosted on this topic, the beneficial impacts depend heavily on adoption rates and supply chain issues. Many questions must be answered and hurdles overcome to reap the potential benefits. continued on page 17

NEWS AND ANNOUNCEMENTS

New Senior Associate Dean for Academic Affairs—Professor Emily Hammond!

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xciting times for Professor Emily Hammond of the Environmental and Energy Law Program who was just named Jeffrey and Martha Kohn Senior Associate Dean for Academic Affairs on July 1, 2019!

2018 Jamie Grodsky Prize Awarded

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hristopher DelGiorno, LLM ’18, was presented with the 2018 Jamie Grodsky Prize for Environmental Law Scholarship. The prize, which commemorates the life of Professor Jamie A. Grodsky, recognizes an original paper by a GW Law student in the environmental field as judged by a panel.

Mr. DelGiorno’s paper, “Closing the Loop: The Folly of Burn Pits and Achieving Sustainable Military Contingency Operations Through LifeCycle Cost Analysis,” discusses burn pits and achieving sustainable military contingency operations through lifecycle cost analysis. Out of 17 outstanding paper submissions, two of which had already been published, Mr. DelGiorno’s paper was selected for its thorough analysis and originality of its recommendations. Many thanks to Jim McElfish of the Environmental Law Institute, Professors Robert L. Glicksman and Emily Hammond, Donna Attanasio, Associate Dean LeRoy C. Paddock, and Achinthi Vithanage, for their work on the selection panel.

The Grodsky Prize is usually presented in conjunction with the annual J.B. and Maurice C. Shapiro Environmental Law Conference. This year, it was presented following a debrief of the Environmental and Energy Law

“Emily Hammond is a perfect addition to the Dean’s Suite,” GW Law Interim Dean Christopher A. Bracey said. “She has made many significant contributions to our law school since joining GW Law five years ago and is exceedingly qualified to serve in this critical role. I look forward to working with her to move our academic program to new heights.”

“It is a true honor to serve as Senior Associate Dean for Academic Affairs.

I look forward to working with this extraordinary community to propel GW Law into the future,” said Senior Academic Dean Hammond. n

Program’s project on “Reimagining Environmental and Natural Resources Law: 2020 and Beyond” on March 25, 2019. Robert L. Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law, introduced the award and highlighted the continuing scholarly influence of Jamie Grodsky’s work. Dean Blake D. Morant then presented the award to Mr. DelGiorno.

The Grodsky family attended the event.

“I am truly honored to have been selected for the Grodsky Prize and am grateful for the opportunity to learn more about the life and career of Professor Grodsky from her family and friends,” Mr. DelGiorno said. “Professor Grodsky was an amazing teacher, scholar, and person, and her academic work continues to influence environmental law and policy. After

Glen Earl Weston Research Professor Emily Hammond named Jeffrey and Martha Kohn Senior Associate Dean for Academic Affairs at GW Law.

meeting the brilliant inaugural Grodsky Prize winner, Renee Martin-Nagle, I’m not sure I am worthy of the honor, but I am thankful it will bring more attention to the challenges posed by the seemingly straightforward issue of waste disposal at deployed locations.”

Mr. DelGiorno earned an undergraduate degree from Cornell University and a law degree from the University of Pennsylvania Law School. He is presently stationed in Honolulu, Hawaii, where he serves as an Environmental Counsel and Liaison Officer in the Air Force’s Legal Operations Agency. *The views expressed in Mr. DelGiorno’s paper do not reflect the official policy, position, or an endorsement of the Department of the U.S. Air Force, Department of Defense, or the U.S. Government. n

(Left to right) Professor Robert L. Glicksman; Andrea Huber, Professor Jamie Grodsky’s sister; Dr. Gerold Grodsky, Professor Grodsky’s father; Christopher DelGiorno, LLM ’18; Dean Blake D. Morant; and Associate Dean LeRoy C. Paddock.

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NEWS AND ANNOUNCEMENTS

Donna Attanasio Appointed as Fellow of the National Regulatory Research Institute

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ur heartiest congratulations to Donna Attanasio, Senior Advisor for Energy Law Programs at GW Law, who was appointed as a Fellow to the National Regulatory Research Institute (NRRI). NRRI

is the research arm of the National Association of Regulatory Utility Commissioners (NARUC).

Ms. Attanasio joins as the only academic representative among four other experts from the energy industry, including Dr. Theresa Flaim (Principal, Energy Resource Economics, LLC); Les Gulasi (Independent Energy Consultant); Dr. Bernard F. Neenan, (Independent Research Consultant); and Charles Zielinski (Attorney, Bryan Cave Leighton Paisner LLP).

This is a great opportunity for collaboration in the utility and energy space! n

Visiting Associate Professor Achinthi Vithanage Selected for ABA SEER’s Leadership Development Program

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ongratulations to Visiting Associate Professor and Environmental and Energy Law Fellow Achinthi Vithanage for being selected as a participant in the American Bar Association’s Section of Environment, Energy, and Resources’ Leadership Development Program (LDP). A highly competitive national program, it is designed to encourage SEER member participants from across the U.S. (and sometimes Canada) to develop professionally and to help them in assuming leadership roles within the organization.

Professor Vithanage describes her experience thus far as follows: “The benefits of the program are truly valuable.

Designated mentors, monthly group calls with legal experts on relevant topics, free publications, waived registration fees for national conferences and webinars, and travel expenses, are all included in the

Donna Attanasio, Senior Advisor for Energy Law Programs.

Published!

Professors Robert L. Glicksman and Emily Hammond published their article in the Duke Law Journal.

An ABA SEER Banner announcing the 2018-2019 cohort of ABA SEER’s Leadership Development Program at the 2018 Fall Conference in San Diego.

program. Not to mention the networking boost that comes with the title of being an “LDP Participant” was not something I expected but definitely appreciated.”

LDP participants are expected to undertake a SEER-focused research project throughout the course of the year. Professor Vithanage, along with other participants in the group, is seeking to find better opportunities for SEER engagement with the law student community. Having discovered a disconnect between SEER’s student-focused opportunities and the many law students around the country interested in environmental, energy, and natural resources law, Professor Vithanage hopes to remedy this disconnection and build stronger ties between the two. n

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Visiting Associate Professor Achinthi Vithanage’s article is published in the Yearbook of International Environmental Law.

Associate Dean LeRoy C. Paddock and recent GW Law graduate Natasha Rao published their article in the Arkansas Law Review.

NEWS AND ANNOUNCEMENTS • EVENTS

Hosting the Natural Resources Symposium 2018: Blueprint for Change

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onvened by the Ad Hoc Industry Natural Resource Management Group, and in co-sponsorship with the Environmental Law Institute, and the George Washington University Environmental and Energy Management Institute, GW Law hosted the 11th Natural Resources Symposium on September 25–26, 2018. The symposium is the only continuing national and international forum for multi-stakeholder

Professor Robert L. Glicksman joins a roundtable discussion of natural resource damage case law with John Cruden, Jane Luxton, Mary K. Lynch, and Scott Fulton.

Events Book Talk by Guest Speaker Randall Abate

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n Valentine’s Day 2019, GW Law had the chance to share a little love with “the voiceless” when Professor Randall S. Abate of Monmouth University visited to speak

Visiting Associate Professor Achinthi Vithanage providing an international context to the symposium’s discussions.

review and analysis of natural resource related policies and practices—notably related to natural resource liability regimes and related issues in the U.S., Europe, and elsewhere. This year’s symposium focused mainly on policies and practices under U.S. laws (CERCLA, OPA, Clean Water Act, state statutes) and analogous laws around the world.

The first day of the program examined the progression of natural resource liability cases in the U.S. and corresponding lessons learned. It included a

Associate Dean LeRoy C. Paddock joins the symposium remotely to present on the private sector panel.

about his forthcoming book, Climate Change and the Voiceless: Protecting Future Generations, Wildlife, and Natural Resources.

Professor Abate’s afternoon presentation identified the common vulnerabilities of this collective group in the Anthropocene era and proposed options for how the law can evolve to protect their interests more effectively through a stewardshipfocused and rights-based system. The talk was well attended by law students, practitioners, and law faculty, including colleagues from the Animal Law department. n

(Left to right) Dr. Jonathan Deason of GWU EEMI, Visiting Associate Professor Achinthi Vithanage of GW Law, ELI Vice President Jay Pendergrass, and AdHoc Industry Natural Resource Management Group’s Barbara Goldsmith pose with Dean Blake D. Morant at the start of the symposium.

roundtable, with Professor Robert L. Glicksman of GW Law and other field experts, surveying the history of the natural resource damage program in the U.S. in terms of case law, regulatory changes, policy developments, and more.

GW Law’s Visiting Associate Professor Achinthi Vithanage was also invited to provide commentary on the international context of the symposium’s proceedings.

The second day of the symposium heard from leaders and decision-makers and discipline experts from the Congress, judiciary, academia, national and state government, private industry, and conservation organizations. Associate Dean LeRoy C. Paddock joined via webcam to present on private sector initiatives, such as corporate environmental governance and greening the supply chain, advancing natural resource policy. n

Professor Randall Abate presenting at GW Law on his forthcoming publication.

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EVENTS

Sustainability Presentation

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n September 14, 2018, David Lehrer from the Arava Institute for Environmental Studies in Israel visited GW Law to speak to students about his work and the work of the Institute in ecology management; environmental issues; and collaborating across cultures, religions, and politics in a region fraught with numerous crossborder environmental problems. n

David Lehrer, Executive Director of the Arava Institute, Israel, attends GW Law as an international guest speaker.

A Career Panel Event for Undergraduates— “The Role of the Attorney General”

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s undergraduates started contemplating about law school, the GW Environmental and Energy Law Program teamed up with the Pre Law Student Association in November 2018 to explore legal careers in the public service using the Office of the Attorney General as a case study. GW Law alumna Natalie O. Ludaway, Chief Deputy Attorney General in D.C.; Ann Spillane, Chief of Staff for the Attorney General in Illinois; and Markus Green, a former Executive

Assistant Attorney General in New Jersey, comprised the evening panel on “The Role of the Attorney General: The People’s Lawyer.”

Associate Dean LeRoy C. Paddock, who had served as Assistant Attorney General in Minnesota, added personal experience to the panel discussion as moderator. For students interested in environmental law, the panel was particularly interesting as much environmental legal enforcement work occurs at the state level and the panelists were able to elaborate on specific experience in this field. n

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(Left to right) Panelists Ann Spillane and Natalie O. Ludaway discussing their roles while Associate Dean LeRoy C. Paddock moderates.

EVENTS

Oceans 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), hosted its inaugural Oceans Conference.

With academics, experts, and practitioners from around the world, including Turkey, Canada, the United Kingdom, and Australia, and from across the United States, the conference covered a plethora of ocean-related topics including offshore oil and gas, offshore renewables, international fisheries, marine mammal protection, the UN BBNJ process, deep seabed mining, and regional BBNJ approaches and challenges.

The two-day conference attracted a wide range of audiences from non-governmental and civil society organizations, international bodies, U.S. federal and state departments, private corporations, to academia across disciplines, as well as D.C.-based and inter-state law students. The event also provided a great networking opportunity for

Photos from GW Law’s first Oceans Conference.

those working and researching in the ocean space.

Encouraged by the interest and the fantastic turnout, GW Law and the Marine & Environmental Law Institute agreed to hold a second Oceans

Conference at Dalhousie University.

Stay tuned for the next installment of the Oceans Conference to come! If you missed the conference, you can still view the video recording here: https://www. youtube.com/watch?v=K-GrYy4B5_o n

Clean Water Act and WOTUS Panel Event

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mmediate-past Fellow of the Environmental and Energy Law Program Caitlin McCoy, who is now the Climate, Clean Air & Energy Fellow at Harvard Law School, returned to GW Law for a panel event on defining the Waters of the United States (WOTUS) on September 28, 2018. Along with Dr. Tara Scully from the Biology Department at George Washington University, they discussed the current administration’s plans to roll back the WOTUS rule and what that means for clean water protection, including the Chesapeake Bay. n

(Left to right) Co-organizer Hana Vizcarra from the Women’s Council on Energy & the Environment, former Fellow Caitlin McCoy, Dr. Tara Scully from GW’s Biology Department, and current Fellow Achinthi Vithanage.

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EVENTS

Reimagining Environmental and Natural Resources Law: 2020 and Beyond

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n a crisp winter Re-Imagining Environmental and Natural Resources Law afternoon in mid-March 2019, GW Law and the Environmental Law Institute (ELI) co-sponsored a Reimagining Environmental and Natural Resources Program Booklet for the Law program at the Wingspread Event.

Johnson Foundation’s Wingspread Conference Center in Racine, Wisconsin. The event brought together about 25 prominent environmental lawyers from all sectors (including academia, public and private governance, non-governmental organizations, and young scholars) to contribute to the reimagining process. The Meridian Institute was commissioned to mediate the various sessions of the program.

The discussion focused on critical substantive issues such as climate change and decarbonization, diffuse sources of water and air pollution, ecosystem survival, and materials use and reuse, and specifically in the U.S. context.

Adjunct Professor from the University The Johnson Foundation at Wingspread | Racine, WI March 21-23, 2019

(Left to right) Current GW Environmental Law Fellow Achinthi Vithanage, former Fellow (2012–14) Jessica Wentz, Associate Dean LeRoy C. Paddock, former Fellow (2014–16) Nicholas Bryner, and Professor Robert L. Glicksman.

Group photo of (most of the) Wingspread participants at the end of the program.

of South Australia Robert Fowler joined the discussion, presenting on a similar process undertaken in the ‘Land Down Under’ and the lessons learned in the course of developing the recent “Blueprint for the Next Generation of Australian Environmental Law.” Director of the University of Minnesota’s Institute on the Environment Jessica Hellmann joined remotely to provide a scientific context to the ensuing discussions.

Attendees also considered the democratization of environmental and natural resources law through wider public involvement, the role of citizen science in governance, how to more fully integrate justice considerations in decision-making, and the role of private environmental governance among other tools for improved governance.

The program consisted of several plenary sessions, breakout groups, and free sessions, designed to produce creative ideas and pathways to address the chosen big issues. With Wingspread’s tranquil environment setting the tone for the reimagining process, the program ended on a positive note with participants committing to staying engaged in the discussions, producing thought pieces, and with ELI proposing a follow-up event at Airlie House in November 2019.

Associate Dean LeRoy C. Paddock, Professors Robert L. Glicksman and Achinthi Vithanage, and Jay Pendergrass, Vice President of the Environmental Law Institute, presented a debrief of the Wingspread discussions at GW Law on the following day. If you missed the debrief, you can still view the video recording here: https://www.youtube. com/watch?v=HTFEMz7-FwU n

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Group collage of Wingspread participants.

Post-Wingspread Debrief at GW Law

FACULT Y PUBLICATIONS AND PRESENTATIONS

Faculty Publications and Presentations Robert L. Glicksman

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Stay Ahead of the Pack, Your Comprehensive Guide to the Upper Level Curriculum (West Academic 2018) Environmental Protection: Law and Policy (Wolters Kluwer 8th ed. 2019) (co-authored with Emily Hammond and others)

Reorganizing Government: A Functional and Dimensional Framework (NYU Press, forthcoming 2019) (co-authored with Alejandro Camacho)

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Presidential and Judicial Politics in Environmental Litigation, 50 Ariz. St. L.J. 3 (2018) (co-authored), http:// arizonastatelawjournal.org/wp-content/uploads/2018/05/ Adelman_Pub.pdf Unraveling Administrative Law: Mechanism Choice, Key Actors, and Regulatory Tools, 36 Va. Envtl. L.J. 318 (with David Markell), http://www.velj.org/uploads/1/2/7/0/12706894/36_ va_envtl_lj_318_385__3_.pdf

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“The Administrative Law of Regulatory Slop,” paper presentation at “New Normals? The Trump Administration and Administrative Law, Research Roundtable,” Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University, Arlington, VA, Sept. 28, 2018.

“Nationwide Injunctions and the Rule of Law,” panel presentation at the ABA Annual Administrative Law Conference, Washington, D.C., November 2, 2018.

“Climate Science and the Courts,” presentation at Workshop to Advance a Sociolegal Climate Science Research Network to Support Informal Science Education, George Washington University School of Public Health and George Washington University Law School, Washington, D.C., Nov. 14, 2018.

“The Administrative Law of Regulatory Slop, Stealth, and Strategy,” presentation at the annual Duke Law Journal administrative law symposium, Raleigh-Durham, NC (February 8, 2019).

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Environmental Protection: Law and Policy (Wolters Kluwer 8th ed. 2019) (co-authored with Robert L. Glicksman & others)

Articles

The Administrative Law of Regulatory Slop and Strategy, 68 DUKE L.J. 101 (2019) (with Robert L. Glicksman), https://scholarship.law.duke.edu/cgi/ viewcontent.cgi?referer=&httpsredir=1&article= 3985&context=dlj ■■

The Impact of Citizen Environmental Science in the United States, 49 ELR 10237 (2019) (with LeRoy C. Paddock and others), https://elr.info/news-analysis/49/10237/ impact-citizen-environmental-science-united-states

“Natural Resource Damage Liability Since New Bedford Harbor,” presentation at Natural Resources Symposium: Blueprint for Change: New Approaches and Needed Changes to Managing Natural Resource Risks, Liabilities, and Opportunities, GW Law, Sept. 25, 2018.

“The Administrative Law of Regulatory Slop, Stealth, and Strategy,” presentation to the faculty at the University of California-Irvine School of Law, Jan. 18, 2019.

Books

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“Functional Considerations in Food Safety Regulation,” paper presentation at the AALS Sections on Agriculture & Food Law, Environmental Law, and Natural Resources & Energy Law Works in Progress Program, Jan. 5, 2019, New Orleans LA.

Emily Hammond

The Administrative Law of Regulatory Slop and Strategy, 68 DUKE L.J. 101 (2019) (with Emily Hammond), https://scholarship.law.duke.edu/cgi/viewcontent. cgi?referer=&httpsredir=1&article=3985&context=dlj

The Limits of Citizen Environmental Litigation, 33(4) NR&E (Apr. 23, 2019) (with David Adelman)

“The Administrative Law of Regulatory Slop,” paper presentation at “New Normals? The Trump Administration, the Courts, and Administrative Law,” George Mason University, Antonin Scalia Law School, December 7, 2018.

The Energy In-Betweens, 59 JURIMETRICS 167 (2019) What Does Federal Preemption in the Energy Sector Have to Do With the Dormant Commerce Clause? A Response to Professor Mormann, WASH. L. REV. ONLINE (forthcoming 2019)

Presentations and Panels ■■

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Presentation, “The Administrative Law of Regulatory Slop, Stealth, and Strategy,” presentation at the annual Duke Law Journal administrative law symposium, Raleigh-Durham, NC (February 8, 2019).

Panelist, 2020 Vision: The Future of Federal Climate Policy, in Planet in Peril: Averting Climate Catastrophe Through Law and Social Change, University of Michigan Environmental Law and Policy Program 2019 Conference, Ann Arbor MI, Mar. 2019)

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Attendee, Appalachian Studies Association Annual Conference, Asheville NC, Mar. 2019 Pro bono Consulting, Energy and Environmental Matters in Central Appalachia

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FACULT Y PUBLICATIONS AND PRESENTATIONS

Faculty Publications and Presentations from page 1

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Richard J. Pierce, Jr. Books ■■

The Administrative Law Treatise and Supplement (Wolters Kluwer 6th ed.

2019) (co-authored with Kristin E. Hickman).

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The Scope of the President’s Removal Power Is Ripe for Reconsideration, 58(2) The Judges’ Journal (May, 2019).

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Why Energy Companies Must Use the Power of Eminent Domain, Jotwell, Jul. 5, 2019, https://adlaw.jotwell.com/ why-energy-companies-must-use-the-power-of-eminentdomain/ Eliminate Primary Elections to Restore Our Strong Democracy, The Hill, Jul. 12, 2019, https://thehill.com/ opinion/campaign/452844-eliminate-primary-elections-torestore-our-strong-democracy Due Process, Immigration Judges and Immigration Officers, Notice and Comment, Jul. 24, 2019, http://yalejreg.com/nc/ due-process-immigration-judges-and-immigration-officersby-richard-j-pierce-jr/

Online Publications

Presentations

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Putting Trump’s Affordable Clean Energy Plan in Perspective, Regulatory Review, Aug. 28, 2018, https://www.theregreview.org/2018/08/28/ pierce-trumps-affordable-clean-energy-plan-perspective/ Shortcuts in the Process of Issuing or Repealing Rules, Notice and Comment, Sep. 4, 2018, https://yalejreg.com/nc/ shortcuts-in-the-process-of-issuing-or-repealing-rules-byrichard-j-pierce-jr/

Professor Pierce has made numerous presentations on regulation and deregulation in the Trump Administration and on the need for due process in immigration cases.

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Pipeline Opposition Impedes Climate Change Mitigation, Regulatory Review, Sep. 13, 2018, https://www.theregreview.org/2018/09/13/ pipeline-opposition-impedes-climate-change-mitigation/ ■■

Bad Faith and the Record Rule, Notice and Comment, Oct. 24, 2018, https://yalejreg.com/nc/ bad-faith-and-the-record-rule-richard-j-pierce-jr/ Formalism v. Functionalism Redux, Notice and Comment, Jan. 23, 2019, http://yalejreg.com/nc/ formalism-v-functionalism-redux-by-richard-j-pierce-jr/

A Belated Contribution to the Symposium on Federal Agency Guidance and the Power to Bind, Notice and Comment, May. 14, 2019, https://yalejreg.com/nc/a-belated-contributionto-the-symposium-on-federal-agency-guidance-and-thepower-to-bind-by-richard-j-pierce-jr/ Democrats Should Not Jeopardize 2020 Victory with Impeachment , The Hill, May. 29, 2019, https://thehill. com/opinion/white-house/446025-democrats-should-notjeopardize-2020-victory-with-impeachment

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Demand Response in M. Roggenkamp, Energy Law (Edward Elgar Press Encyclopedia of Environmental Law Series forthcoming 2019)

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Sometimes the Trump Administration Strengthens the Rule of Law, Regulatory Review, Feb. 19, 2019, https://www.theregreview.org/2019/02/19/ pierce-trump-education-department-strengthen-law/ Has the Supreme Court Endorsed the Use of Junk Science in the Administrative State?, Regulatory Review, Apr. 29, 2019, https://www.theregreview.org/2019/04/29/pierce-hassupreme-court-endorsed-junk-science-administrative-state/

Energy Efficiency in M. Roggenkamp, Energy Law (Edward Elgar Press Encyclopedia of Environmental Law Series forthcoming 2019) (with Deepti Bansal)

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The Impact of Citizen Environmental Science in the United States, 49 ELR 10237 (2019) (co-authored with Wyeth, Parker, Robert L. Glicksman and Williams), https://elr.info/news-analysis/49/10237/ impact-citizen-environmental-science-united-states Green Supply Chain Management: A Perspective on Best Practices in GSCM Design (71 Arkansas L. Rev. 487) (with Natasha Rao)

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Presenter, Citizen Science, Rocky Mountain Mineral Law Foundation meeting in Victoria (August, 2018).

Presenter, Citizen Science, ABA SEER Teachers Workshop in San Diego in (October, 2018).

Presenter, Citizen Science, AALS Environmental Law Section “Works in Progress” program, New Orleans ( January, 2019).

FACULT Y PUBLICATIONS AND PRESENTATIONS • PROFILES

Donna Attanasio

Achinthi Vithanage

Presentations and Panels

Articles

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Panelist, “Microgrid Policy: Forbidden Journey, Wizarding World, or Islands of Adventure?,” National Association of Regulatory Utility Commissioners Annual Meeting (Orlando, FL, November 13, 2018)

■ Presentation, “Elements of Microgrid Regulation,” before the MEDSIS Microgrid Working Group organized by the District of Columbia Public Service Commission (Washington, D.C., November 16, 2018) ■■

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Moderator, “Low Carbon Technologies and Approaches,” e21 Forum on Integrated Systems Planning (Minneapolis, MN, December 3, 2018) Organizer and Co-moderator, “Collaborative Conversations: Microgrid Regulation”, co-sponsored and co-moderated by the National Regulatory Research Institute and the Smart Electric Power Alliance (Washington, D.C., February 14, 2019) Organizer and Co-host, “Which Way to Electrification of the U.S. Transportation System?” (Washington, D.C., April 3-4, 2019)

Profiles Benjamin Nussdorf, Professorial Lecturer in Law

A Benjamin Nussdorf

n adjunct professor of environmental regulation of oil and gas at GW Law since spring of 2014, Benjamin Nussdorf also works for the U.S. Department of Energy where he evaluates midstream energy policy

A Deep Dive into the High Seas: Harmonizing Regional Frameworks for Marine Protected Areas with the UNCLOS Convention on the Conservation and Sustainable Use of Marine Biological Diversity in Areas beyond National Jurisdiction, 28 Yearbook of International Environmental Law 63 (2017) (published January 15, 2019).

Presentations and Panels ■■

■■

Presenter, “Commentary on the International Context of the Symposium’s Proceedings,” Natural Resources Symposium (Washington, D.C., September 25-26, 2018) Moderator, “Deep Seabed Mining,” Conference on Changing and Dynamic Oceans: Gauging Law and Policy Responses (Washington, D.C., November 9-10, 2018).

Other Activities ■■

Selectee, American Bar Association’s Section of Environment, Energy, and Resources’ Leadership Development Program. n

issues and their resultant environmental impact. Like many students today, Mr. Nussdorf discovered his interest in energy and environmental law after taking a class focused on energy law in law school.

Mr. Nussdorf was fortunate to receive a Presidential Management Fellowship at the U.S. Department of the Interior following law school where he remained for six years focusing on land management, energy production, and offshore resource management.

When asked what the most critical energy issue is today, Mr. Nussdorf recognizes that the United States is currently experiencing an energy abundance. He feels that understanding the future energy portfolio of the United States and its environmental impact is the most critical issue at stake. Lowering

emissions, maintaining energy security, and investing in environmentally responsible methods of energy production are all challenges that we are facing. He advises that we should plan widely now in order to better situate ourselves in the coming decades. For students who are interested in working on critical energy and environmental issues like those outlined by Mr. Nussdorf, he advises that they avoid limiting themselves solely to academic pursuits. He finds that there is great importance in both pursuing professional internships and networking. He recommends for students who are unsure if a career in environmental or energy law is right for them that they take a class and feel free to reach out to him! n

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 1

PROFILES

Larry Brown, Professorial Lecturer in Law

A

s a student at the University of Colorado, Boulder, Larry Brown, now an adjunct professor in atomic energy law at GW Law, immersed himself early on in environmental challenges. In addition to being active in a number of student organizations, such as serving as President of the student chapter of the Sierra Club, Mr. Brown also spoke with other students before the Colorado Senate about environmental issues.

Mr. Brown’s focus in atomic energy law began during his time serving in the U.S. Navy where he worked in the nuclear propulsion program.

Larry Brown After his time with the

Noel W. Black, Member of GW Energy Law Advisory Council

N

oel Black may not be a lawyer, but he brings an important industry view to GW Law’s Energy Law Advisory Council. Vice President of Federal Regulatory Affairs for Southern Company, one of America’s largest producers of electricity and distributors of natural gas, Mr. Black directs the company’s energy policy. Mr. Black also finds the time to sit on the board of the Center for Public Noel W. Black

U.S. Navy came to an end, Mr. Brown decided to pursue law school, after which he received a political appointment at the U.S. Department of Energy where he continued to work on issues at the intersection of nuclear energy and environmental protection and remediation.

Throughout his career, Mr. Brown also has led a team working on a presidential initiative to reinvigorate nuclear energy projects under President Bush and as a regulator on the Defense Nuclear Facilities Safety Board. In light of his experience, Mr. Brown points to the need to increase energy availability worldwide as a critical issue. He cites the direct relationship between regional per capita energy consumption and standard of living. He predicts that unless access to energy increases, we are likely to see mass migration toward energy rich regions, and in turn, an increase in regional conflicts and threats to international security and identity. All energy production is to some degree hazardous and dangerous; it requires independent monitoring to

ensure safety. It is not as easy as just handing energy deprived regions the necessary technology; it is a matter of instituting regulations, independent monitoring, government oversight, and educating lawyers on compliance.

When asked about students interested in pursuing a career in energy law, Mr. Brown stressed that students should be flexible and adapt. The linkage of energy and environmental disciplines is one of the strengths of the GW Law education, and it is the model for the future. Take advantage of every opportunity, seek out experience in government activities and facilities. To name a few, Mr. Brown suggests that the EPA, FERC, DOE, NNSA, NRC, Capitol Hill, and private groups like the Nuclear Energy Institute, Natural Resources Defense Council, and the Nuclear Industry Council are great places to expand your knowledge and your contacts. “Pursue your interests, enjoy your work, and you will be successful.” n

Utilities at New Mexico State University and is highly active in Edison Electric Institute’s regulatory policy and advocacy efforts.

As the energy sector rapidly evolves, Mr. Black recognizes the challenge that balancing clean, safe, reliable, and affordable energy will bring. Customers’ growing expectations, increased reliance on energy and the popularity of things such as electric vehicles and smart homes, place significant demands on providers. Mr. Black also notes that Southern Company recently established an intermediate goal of 50 percent reduction in carbon emissions by 2030 and a long term goal of low- to no-carbon emissions by 2050. Reducing carbon emissions presents a daunting challenge to infrastructure for the energy industry.

The mission for energy policy professionals like himself is finding the balance amongst consumers, elected officials, and

community leaders. Despite the many challenges, Mr. Black “cannot think of a more satisfying, important, and interesting area to study than energy.” He advises students interested in pursuing a career in energy law that your first job out of school will direct the rest of your career. He stresses that you should choose the industry, the company, and the culture where you go to work carefully.

“Friends come and go but enemies last forever. Hear people, assume good intentions, don’t collect enemies, and you will likely enjoy a constructive and fruitful career.” n

1 2 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

PROFILES

Jamie Long, JD ’07

J

amie Long is a GW Law alumnus, current Minnesota State Representative, and the Vice Chair of the Energy and Climate Committee.

Representative Long was drawn to a career in environmental law Jamie Long after completing an environmental internship in Washington D.C., where he came to the realization that it was “lawyers who made the place

Lauren Johnstone, Class of ’21

A

Lauren Johnstone

s a high schooler, Lauren Johnstone’s interest in environmental law was sparked by the Omnivore’s Dilemma by Michael Pollan. As an undergraduate student at Kenyon College in Ohio, Ms. Johnstone’s interest in environmental issues

Brennan Weiss, Class of ’21

P Brennan Weiss

rior to pursuing a law degree, Brennan Weiss worked abroad as a journalist in Ghana and the Philippines, reporting for U.S.-based news publications. Much of his work focused on cyber-attacks against the United States’ electrical grid and the

work.” After graduating law school, Representative Long worked at Morgan Lewis as an environmental litigator.

Before making his way to becoming a state legislator himself, Representative Long worked as Counsel in Congress for Representative Diana DeGette covering her energy, environment, and transportation policy work and for Senator Sheldon Whitehouse handling his energy and transportation work. He remarked that “lawyers make great elected officials;” they have a great base that enables them to interpret bills and have a critical eye for good policy.

In light of scientific research such as that performed by the Intergovernmental

Panel on Climate Change that predicts we only have 12 years to make meaningful changes, Representative Long is focused on climate change. The issues surrounding climate change hit close to home for Representative Long as scientists in Minnesota believe that Minnesota may lose its deciduous forests during his lifetime if action is not taken.

For law students interested in pursuing a career in environmental or energy law, Representative Long feels that it is important to get to know as many people as you can who work in the areas that interest you. He remarked that it may be surprising how many people are willing to take the time to mentor you. n

grew as she pursued a degree in international studies with a concentration in environmental studies. In her free time, Ms. Johnstone volunteered at a nearby farm and led an environmental campus organization through which she facilitated an agreement on behalf of Kenyon College to pledge carbon neutrality. Ms. Johnstone’s interests turned to environmental law after having the opportunity to work in cap and trade in California.

Ms. Johnstone was drawn to GW Law as a result of its impressive environment and energy law program and the opportunity to work with national agencies and nonprofits. She is drawn to national

environmental issues and hopes to pursue a career affecting climate change policy.

A second-year student at GW Law, Ms. Johnstone has continued to pursue her interest in environmental law as President of the Energy and Environmental Law Association and as a research assistant for LeRoy C. Paddock, the Associate Dean for Environmental Studies. In addition to helping Dean Paddock with research for his new book, Ms. Johnstone has been helping to organize activities surrounding the 50th anniversary of the Environmental and Energy Law program at GW Law. n

security landscape of the energy sector.

This work inspired Mr. Weiss to pursue a career in energy law. Mr. Weiss is most intrigued by what is happening on the technology front, specifically with clean energy and alternative energy initiatives and the implications of a technology driven energy sector. He expressed that, as our adversaries become more sophisticated in the technology space, their ability to target critical systems such as the electric grid has the potential to have severe economic and social consequences.

Mr. Weiss was drawn to GW Law in light of its dedication to expanding resources for students interested in

cybersecurity-related issues, including employing some of the best professors in the field. In only his first year of law school, Mr. Weiss has become involved in microgrid research that is being led by Donna Attanasio, the Senior Advisor for Energy Law Programs. He also is working with GW’s Center for Law, Economics, and Finance on compiling data pertaining to state cryptocurrency enforcement actions. As he still has a few years of law school left, Mr. Weiss is keeping his options open but is interested in potentially practicing energy security law after graduation. n

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 3

PROFILES

Mary Crowell, Class of ’21

O

n a trip to Varanasi, India, Mary Crowell learned that bathing in the Ganges River is a sacred practice in Hinduism, but that the river is one of the most polluted rivers in the world as a result of things like industrial waste and raw sewage.

This trip sparked Ms. Crowell’s curiosity about the balance between environmental health concerns, culture, and business practice leading her to pursue an Mary Crowell undergraduate degree in Biology and Anthropology/Sociology at Rhodes College in Tennessee. While

Laura Martin, Class of ’21

L

aura Martin grew up on a small farm in Kentucky and graduated from the University of Kentucky with a degree in Chemical Engineering. Ms. Martin did not always know that she wanted to pursue a career in environmental law. After college, Ms. Martin moved to Johnson Laura Martin City, Tennessee, to work for Eastman Chemical Company where she was in charge of two buildings worth of heavy machinery, used to concentrate seven million pounds of acid daily.

During her time at Eastman Chemical Company, Ms. Martin reflected back on an engineering leadership class that took her to D.C. as an undergraduate. While in D.C., Ms. Martin had the opportunity to

at Rhodes, Ms. Crowell continued to dedicate herself to environmental health as the founder and chair of a student group focused on sustainability. In addition to her dedication to sustainability, Ms. Crowell also focused her studies on environmental health, culminating in her senior thesis where she conducted a case study on a Memphis creek that had been contaminated by toxic wastewater. Her case study focused on how institutions use their scientific authority in navigating regulatory requirements, especially when the extent of their culpability for environmental grievances is being questioned.

Her research led Ms. Crowell to note the power of regulation and policy and inspired her to pursue a law degree.

Ms. Crowell chose GW Law because she admired that they valued collaboration and well-being. As a first-year law student, Ms. Crowell has already found many ways to continue her involvement

meet with representatives from Congress and the American Society of Engineers, among others; however, the meeting that stuck with her was conducted by the U.S. Environmental Protection Agency.

A few years later her engineering leadership class led her right back to D.C., but this time for law school. Ms. Martin felt that D.C. was where she needed to be; it was where she felt she could effect actual change. This upcoming fall she will have her chance through her work for Climate Nexus, a nonprofit that helps journalists, media outlets, and candidates for public office elevate the climate change conversation. In addition to her work in environmental law, Ms. Martin has also been working with Donna Attanasio at GW Law to research state regulation of microgrids. Long term, Ms. Martin hopes to affect policy with the goal of ensuring that our world is here for generations to come. n

1 4 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

with environmental policy. She is currently working as a research assistant for Associate Dean LeRoy C. Paddock on a project regarding the regulation of synthetic biology. In addition to pursuing her law degree, Ms. Crowell also currently serves as a board member of the Taraloka Foundation, which provides education, healthcare, and a refuge for over 25 girls in Northern India. Long term, Ms. Crowell hopes to lead efforts to address environmental public health issues. While wilderness and cultivated land have always been places of recreation and peace for Ms. Crowell, she recognizes that many people live in fear of the potential health effects of the environments they live in. For Ms. Crowell, her pursuit of a career in environmental law comes not just from a place of academics, but from personal and emotional experiences that have cultivated her dedication to environmental justice. n

Environmental and Energy Law Perspectives Environmental and Energy Law Perspectives is published 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 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

PERSPECTIVES

Citizen Science from page 1

juxtaposition of these developments demonstrates that the game has changed in the relationship between government, regulated businesses, and members of the public as science and technology leapfrog the limited ability or willingness of regulators to investigate, detect, and act on releases of this potent greenhouse gas.

This juxtaposition is an exceptional example of a divergence between government and non-governmental environmental monitoring activity, but it is a striking illustration of the fact that government agencies no longer have a near-monopoly on gathering data and assembling information on the environment. An increasingly sophisticated public, rapid changes in monitoring technology, the ability to process large volumes of data, and social media are increasing the capacity for members of the public, advocacy groups, and community organizations to gather, interpret, and exchange environmental data. This development has the potential to alter the historic government-centric approach to environmental governance; data and information generated through “citizen science” can provide a richer understanding of environmental conditions, allowing citizens to play a more prominent role in environmental governance both by prodding government action, putting pressure on polluting companies, and helping companies to better understand their impact on the environment, perhaps leading to more self-initiated efforts to reduce environmental harms.

However, citizen science has had a mixed record to date in influencing government decisions and actions, which is where its most concrete potential impact arguably lies. Citizen-generated data can inform government action in ways that include: • increasing agency knowledge of environmental conditions, • supporting rulemaking, • providing additional data for environmental impact analysis, • better informing permitting decisions, • identifying potential violations,

• prodding agencies to act on violations, and • helping to monitor how well states are performing delegated responsibilities.

Citizen science is the involvement of the public in scientific research.3 This activity includes gathering, analyzing, and sharing environmentally-related scientific information, often obtained through advanced monitoring (increasingly through the use of new, lower-cost technologies that are deployed by organizations or individuals other than governments or regulated companies). It can take many forms, ranging from projects led by professional scientists in institutions (contributory citizen science),4 to community-led efforts that orient toward community goals (community science, community citizen science, or collegial programs),5 and many variations in between.

The potential for citizen science to inform action by government has been recognized at the highest levels.6 In 2013, President Obama’s Open Government Access Plan encouraged agencies to use citizen science and crowdsourcing for agency operations.7 This was followed in 2015 by a memorandum from Presidential Science Advisor John Holdren, calling on science agencies to institute policies in support of crowdsourcing and citizen science, and advance the use of these tools.8 Along with that mandate, the Office of Science Technology and Policy (OSTP) launched the Federal Crowdsourcing and Citizen Science Toolkit to guide the integration of citizen science into agency processes by supplying basic project models, process steps, and informational resources to federal employees.9 Similarly, numerous states now maintain programs to facilitate citizen science and improve the utility of volunteer data.10 These steps led in 2016 to the enactment, with bipartisan support, of the Crowdsourcing and Citizen Science Act, sanctioning the use of citizen science and crowdsourcing by federal agencies.11 In general, it enables and encourages but does not require the use of citizen science. Finding that such projects have the potential to accelerate the pace and

increase the cost-effectiveness of scientific research and address societal needs, the Act codified the 2015 OSTP memo by explicitly granting agencies permission to carry out citizen science and crowdsourcing projects,12 and provides that federal agencies may fund and utilize volunteer citizen science data to advance their missions.13 The Act also encourages agencies to make data collected through crowdsourcing or citizen science projects available to the public, obligates agencies to notify participants as to expected modes of use and dissemination of the data,14 and directs agencies to publicly promote citizen science initiatives to encourage broad participation.15 However, as our study indicates, there are substantial barriers to the use of citizen science in government decision-making. Based on our assessment of the potential and current uses of citizen science, and in particular on evaluation of our case studies, we provide the following recommendations that are designed to enhance the value of citizen science for those engaged in such efforts, federal and state environmental agencies, and the public whose interests environmental legislation is designed to protect.

In brief, we recommend: 1. EPA, and other environmental agencies, should take specific steps to encourage and support the use of citizen science in their decisions and actions. Specifically, EPA should adopt a citizen science strategy aimed at creating a culture that is receptive to the use of citizen-generated data, and all agencies should take steps to “meet citizen scientists halfway” to maximize the use of their efforts.

2. Citizen scientists can and should learn from the successes of others. The case studies described in our study illustrate a variety of practices that can be used more widely.

3. Air programs in particular should seek to use citizen-generated data to better understand and address air pollution problems at the neighborhood level— especially in environmental justice communities.

continued on page 16

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 5

PERSPECTIVES

Citizen Science from page 15

4. Unnecessary legal barriers should be removed—especially laws adopted to protect specific business sectors from public oversight.

5. A system should be established for the validation of emerging sensor technologies that are commonly used by citizen scientists.

Endnotes

Envtl. Def. Fund, EDF Announces Satellite Mission to Locate and Measure Methane Emissions (Apr. 11, 2018), https://www.edf. org/media/edf-announces-satellite-missionlocate-and-measure-methane-emissions.

1

See Waste Prevention, Production Subject to Royalties, and Resource Conservation; Rescission or Revision of Certain Requirements, 83 Fed. Reg. 49,184 (Sept. 28, 2018); Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Reconsideration, 83 Fed. Reg. 52,056 (Oct. 15, 2018) (proposed rule).

2

See Rick Bonney et al., Citizen Science: A Developing Tool for Expanding Science Knowledge and Scientific Literacy, 59 Bioscience 977 (2009) (defining citizen science). Other terms and expressions are sometimes used to describe approaches with similar principles and goals, such as Public Participation in Scientific Research (PPSR), community science, community-based monitoring, and community-based management. See Eitzel et al., Citizen Science Terminology Matters: Exploring Key Terms, 2(1) Citizen Science: Theory and Practice 5-11 (2017); Cathy C. Conrad and Krista G. Hilchey, A Review of Citizen Science and Communitybased Environmental Monitoring: Issue and Opportunities 176 Environ. Monit.Assess. 274, 274 (2011) (citing G. Whitelaw, H. Vaughan, B. Craig, & D. Atkinson, Establishing the Canadian Community Monitoring Network, 88 Environmental Monitoring and Assessment, 409 (2003)) (defining community-based monitoring); H. L. Keough & D. J. Blahna, Achieving Integrative, Collaborative Ecosystem Management, 20 Conservation Biology 1373 (2006) (defining community-based management). In the legal literature, terms such as volunteer monitoring, participatory action research, civil society research, and community policing are sometimes used to describe related practices. See Annie E. Brett, Putting the Public on Trial: Can Citizen Science Data be Used in Litigation and Regulation?, 28 Vill. Envtl. L.J. 12 (2017); see also Abby J. Kinchey & Simona L. Perry, 3

Can Volunteers Pick Up the Slack? Efforts to Remedy Knowledge Gaps about the Watershed Impact of Marcellus Shale Gas Development 22 Envtl. Sci. Pol. F. 304 (2012) (discussing civil society research), Dara O’Rourke & Gregg P. Macey, Community Environmental Policing: Assessing New Strategies of Public Participation 22 Journal of Pol’y Analysis and Mgmt. 383 (2003) (discussing community policing).

4 Jennifer Shirk et al., Public Participation in Scientific Research: A Framework for Deliberate Design, 17(2) Ecology and Soc’y 32 (2012).

In community science, collaboratively-led scientific investigation and exploration addresses community defined questions, allowing for engagement in the entirety of the scientific process. Unique in comparison to traditional citizen science driven by researchers or institutions, community science may or may not include partnerships with professional scientists, emphasizes the community’s ownership of research and access to resulting data, and orients toward community goals and working together in scalable networks to encourage collaborative learning and civic engagement.

See Shannon Dosemagen & Gretchen Gehrke, Civic Technology and Community Science: A New Model for Public Participation in Environmental Decisions, in Confronting the Challenges of Public Participation: Issues in Environmental, Planning, and Health Decision-Making, Proceedings of the Iowa State Univ. Summer Symposia on Science Communication), edited by J. Goodwin.

Ames, IA: Science Communication Project.

143 (2016). Community science is similar to “collegial” citizen science. See Shirk, supra n.

4, at 32.

5

Citizen science, of course, is not limited to the United States. International organizations such as the United Nations Environment Programme (UNEP), UNESCO, the European Commission, and the European Environment Agency have highlighted the importance of citizen science. See United Nations Educational, Scientific and Cultural Organization, 2013. WSIS+10 Working Papers. Paris, France: UNESCO; Scottish Environmental Protection Agency (SEPA), 2014. Corporate Plan 2012-2017 (updated 2014), available at https://www.sepa.org.uk/ media/299696/2012-2017-corporate-planupdate-2014.pdf. European Environment Agency, Biodiversity Monitoring in Europe— The Value of Citizen Science. Copenhagen, Denmark: European Environmental Agency (2013).

6

1 6 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

Open Government Partnership, Second Open Government National Action Plan for the United States of America, The White House 12 (2013).

7

John Holdren, Addressing Societal and Scientific Challenges Through Citizen Science and Crowdsourcing. September 30 memorandum to the heads of executive departments and agencies. Washington D.C.: Office of Science and Technology Policy, Executive Office of the President. Among other things, the memo called on agencies to identify an agency coordinator and generate a catalogue of agency-supported citizen science and crowdsourcing projects. It also highlighted key principles of data quality, openness, and public participation. See https:// obamawhitehouse.archives.gov/sites/default/ files/microsites/ostp/holdren_citizen_ science_memo_092915_0.pdf.

8

9

See https://www.citizenscience.gov/toolkit/.

See U.S. EPA, Examples of State and Local Wetland Volunteer Monitoring Programs, available at https://www.epa.gov/wetlands/ examples-state-and-local-wetlandvolunteer-monitoring-programs; Minnesota Pollution Control Agency, Citizen Water Monitoring available at https://www.pca. state.mn.us/water/citizen-water-monitoring; Citizen Science Today, A Framework to Analyze Citizen Science Data for Volunteers, Managers, and Scientists, available at http:// www.citizensciencetoday.org/2018/05/aframework-to-analyze-citizen-science-datafor-volunteers-managers-and-scientists/.

10

11

15 U.S.C. § 3724.

12

Id. § 3724(d)(1).

13

Id. § 3724(b), (d)(1)-(2).

Id. § 3724(d)(6)(A)-(B). The statute states that agencies shall make such data available to the public “where appropriate and to the extent practicable…unless prohibited by law.” Id. § 3724(d)(6)(A). Accordingly, this language is largely hortatory and does not establish a legal requirement of public access or override other laws that restrict the use of data by federal agencies.

14

Id. § 3724(d)(3), (6)(B). To assist these efforts, the U.S. General Services Administration and the Woodrow Wilson International Center for Scholars launched Citizenscience.gov. The website provides a catalog of federally supported citizen science projects, a community gateway to hundreds of citizen science practitioners and coordinators across government, and access to the Federal Crowdsourcing and Citizen Science Toolkit. See https://www. citizenscience.gov/. n 15

NEWS AND ANNOUNCEMENTS

50th Anniversary from page 1

environmental law programs that also included UC Berkeley, the University of Colorado, the University of Michigan, and the University of Wisconsin. Thus, modern environmental law and GW Law’s program have grown up together.

During the past 50 years, GW Law has offered a robust curriculum in environmental law. As a result, over 3,000 GW Law alumni are believed to be active environmental law practitioners. In 1978, GW Law expanded its environmental program to also encompass energy law since energy is a critical part of the environmental challenge. Another one thousand of its graduates are believed to be practicing in this area. The strong interest in environmental and energy law continues today.

Among the most recent incoming 1L class, 125 students indicated they were interested in environmental and energy law. This level of interest is consistent with recent incoming classes in which 20 to 25 percent of the class has checked off environment or energy law as one of their areas of interest.

Today environmental law is no longer the novel area it was in 1970, and many of the environmental problems have changed. Climate change is now a headline issue, and we also face the more nuanced problem of how to sustain a planet that must shelter and feed more

Sustainable Energy Initiative from page 2

Accordingly, the GW Law Advisory Council urged SEI to pursue additional programming and work to help address the many challenges. Thus, on April 3–4, 2019, SEI held what it hopes will be the first of a series of annual conferences to explore the challenges and opportunities for the electric transportation sector.

The keynote presentation was given

by Dan Brouillette, Deputy Secretary of the U.S. Department of Energy.

Presentations by Chairman Jason Stanek, Maryland Public Service Commission, and R. Earl Lewis, Jr., Deputy Secretary for Transportation, State of Maryland provided additional insights into governmental programs on electrification.

than seven billion people. We have more knowledge of the interactions among areas that are often regulated or managed in silos, such as fresh water, clean air, energy production, toxic materials, food supply, oceans, natural disaster mitigation, and health. Advances in science and technology offer new insights and opportunities to improve our approaches to understanding, monitoring, measuring, controlling, mitigating, and regulating factors that affect our environment.

Corporations and citizens are taking on new roles, often as voluntary leaders who exceed legal standards. The roles of local, state, federal, and international agencies have evolved. Thus, it’s time to look closely at the laws, stakeholders, and institutions that are essential to maintaining the environmental health of the planet and “reimagine” how we can better meet the challenges of the next 50 years.

GW Law’s long history, its leading contributions to this field, and its seat in the nation’s capital, make it ideally suited to play an important role in “reimagining” the structure of environmental law going forward. With this goal in mind and in celebration of the past 50 years, the Environmental and Energy Law Program is undertaking a series of projects and events running through to September 2020. The celebration/reimagining commenced with the convening

of the Wingspread “Reimagining Environmental and Natural Resources” event in March 2019 (See page 8 for a more detailed description of the event).

The future line-up of events includes: 1. October 30, 2019—50th anniversary official “kick off” lecture by former EPA Administrator William Reilly and library display showcasing photos and memorabilia from the history of the program 2. November 2019—co-sponsorship with the Environmental Law Institute of a larger Reimagining Conference at Airlie House 3. Spring 2020—release of a GW White Paper on Reimagining Environmental Law 4. March 27, 2020—Shapiro Conference featuring GW Law alumni who teach environmental or energy law using a “future of environment and energy law theme” 5. June 2020—Special 50th anniversary program for the GW Law Reunion Weekend 6. Fall 2020—Major three-day symposium as the culminating event with a focus on how the law needs to change in several areas to better respond to climate change 7. Fall 2020—Special 50th Anniversary JEEL edition with papers from the Shapiro Conference n

John Helveston, Assistant Professor at GW’s School of Engineering and Applied Science (GW SEAS) provided a thought-provoking presentation on the development of electric vehicles in China.

The following day, Karine Hertzberg, Counselor for Climate and Environment, Royal Norwegian Embassy, explained Norway’s electrification programs.

Students from GW’s School of Business presented an analytical model they developed for the Environmental Defense Fund that can help municipalities assess the most favorable opportunities for fleet electrification. Panelists from utilities, private companies, nonprofit organizations, law firms, and academia brought expertise on an array of topics including

fleet electrification considerations, business models, battery recycling and the issues related to mineral mining and battery manufacturing, multi-state efforts to create transportation corridors for electric trucks and other vehicles, and of course, the legal frameworks that are enabling—or in some cases checking—the growth of the sector and the difficult challenge of assuring ratepayer funds are used cost-effectively to meet public interest needs.

In a first for SEI, the conference costs were fully met through sponsorships, donations, and registration fees.

Our sponsors were Southern California Edison; Southern Company; Energy continued on page 18

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 7

NEWS AND ANNOUNCEMENTS

Sustainable Energy Initiative from page 17

the coaches’ side of the table: Jason Ross (part of GW Law’s first team to enter this competition), Kathryn Penry, Joshua Robichaud (second place for best oralist in 2018 and, with Ms. Penry, part of the team winning best brief in 2017), and Kyrstin Wallach.

Bracewell LLP provided financial support that allowed GW Law to send two teams in addition to the one sponsored by GW Law’s Moot Court Board. Bracewell also provided facilities and food that allowed all three teams to practice, practice, practice, late into the evenings.

Congratulations and many thanks to all for representing GW Law so well!

Alumni

Photos from SEI’s “Which Way to Electrification of the U.S. Transportation System?” Conference.

Impact Partners; Pepco Holdings, Inc.; Alliance for Transportation Electrification; Concentric Energy Advisors; and Audi. White & Case LLP donated use of its state-of-the-art conference space; personnel to provide technical, organizational, and logistical assistance; and other goods and services.

Much appreciation to Donna Attanasio for all her hard work in spearheading this event and to Fellow Achinthi Vithanage for her valued assistance.

Moot Court

For the fourth year in a row, GW Law participated in the National Energy and Sustainability Moot Court competition.

This year GW Law fielded three teams of two students each. This annual event

is hosted by the West Virginia University School of Law and this year attracted a record number of 30 participating schools.

The 3L team of Boris Shkuta and Daniel Vinnik scooped up the prize for Best Brief. Blake Grow and James Bartholomew, second-year students, finished in the semifinals. Stephen Boughton and Angelo Bartales, also 2Ls, gained invaluable experience, some of which we hope will be applied in next year’s competition.

Primary coaching credit goes to John Shepherd, Jr. For the fourth year in a row, he devoted countless hours to cultivating our students’ fighting-edge advocacy skills tempered with emphasis on fair play, integrity, and collegiality. His past success was evident in the number of his former students who joined him on

In the fall of 2018, a few of our young alumni organized a happy hour in Washington, D.C., to assess interest in a new energy law alumni affinity group.

On the day of the event, Washington, D.C., had its first snow day of the season.

The intrepid few who made it to that first happy hour exuded the enthusiasm of a large crowd, and so a second event was scheduled. Happily, the second happy hour, in January, under much better weather circumstances, drew alumni from the 1970s, current students, and every decade in between. Thus, Energy Connectors was formed!

Energy Connectors sponsored its third event in March, which was a morning lecture followed by a networking breakfast. Karl Hausker of the World Resources Institute spoke about pathways to meet climate change mitigation goals.

Candice Castaneda, Counsel at the North American Energy Reliability Corp., spoke on the challenges to the electric system as the industry transitions to smarter technologies and lower-emissions operations.

Energy Connectors was founded under the leadership of Jill Goatcher, JD ’18; Alex Kaplen, JD ’16; Alan Richaud, JD ’18; and Emily Burgis, LLM Class of ’20; and with the support of Charles Berardesco, JD ’83, and Emily Ancinec, Associate Director, Alumni Relations.

Active participation, in planning or continued on page 19

1 8 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

NEWS AND ANNOUNCEMENTS

“Best Brief” Award Winners and Competition Participants at the National Energy and Sustainability Moot Court Competition!

GW’s Sustainable Energy Initiative launches the SEI Blog.

attending, from all alumni is welcome.

Inquiries can be directed to Alex Kaplen at akaplen@law.gwu.edu or Emily Ancinec at eancinec@law.gwu.edu.

The Year Ahead

SEI is part of Sustainable GW. Sustainable GW facilitates cross-disciplinary collaborations across the entire university in research, teaching, and practice. Through these collaborations, upcoming work will allow SEI to apply past and new work on legal issues to newly emerging engineering solutions and social science investigations.

Disaster Recovery and Pre-Disaster Planning. In the summer of 2018, graduate students from several GW schools researched obstacles that are faced during disaster recovery when one of the electric grid rebuilding goals is a smarter grid.

SEI is continuing to advance that work, focusing on planning and overcoming legal obstacles to smart re-builds, with an intent

to publish its findings. Simultaneously SEI is part of a team looking at ways to synthesize the knowledge and research capability on disaster recovery of the greater GW community, which has broad expertise and interest in disaster recovery challenges, including mitigating adverse health and environmental impacts, addressing government contracting issues, and applying engineering and economic expertise to rebuilding challenges. GW’s Office of the Vice President for Research has awarded the team a cross-disciplinary research fund grant to further develop this capability.

Community Solar. In 2017, SEI’s Donna Attanasio, colleagues from other GW schools, and a cross-disciplinary team of students published “Catalyzing Community Solar: A Handbook for Municipalities.” Ms. Attanasio is now part of a research team led by Associate Professor Ekundayo Shittu, GW SEAS,

that is investigating social and economic obstacles to community solar development. The group, which also includes an associate professor from Tulane University’s business school, was awarded a grant from the Sloan Foundation to conduct this work.

Research relating to Microgrids. GW’s SEAS’ SmartGrid Laboratory is a research center for sensor data analytics, the use of dynamic boundaries, and remote applications of microgrids, particularly those using renewable energy (primarily solar and wind). The lab is led by Assistant Professor Dr. Payman Dehghanian. Donna Attanasio is involved as an advisor on selected projects that are awaiting funding, on matters related to law and industry structure. n

ENVIRONMENTAL AND ENERGY LAW PERSPECTIVES 1 9

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Energy Law Advisory Council Chairman

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

Members of the Council

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 Emma F. Hand Dentons US LLP

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