Red Clay 28th

th

28 Annual Red Clay Conference February 26, 2015 2015-2016 Executive Board ............................................................................................................2 CLE Credits Offered ........................................................................................................................2 Schedule ...........................................................................................................................................2 Biographies of Panelists Solar Power in the Southeast & Georgia's New "Household Solar Panel" Bill, House Bill 57 ...........................................................................................................3 Flood Insurance: Tension Between Risk & Affordability ...................................................5 Keynote Address ..................................................................................................................6 Farm to School & Child Nutrition Reauthorization .............................................................7 Biographies of Moderators ..............................................................................................................9

1

2015-2016 Executive Board Emily Wyche, Executive Chair, ecw05326@uga.edu A.J. Cheek, Co-Chair, arthur.cheek25@uga.edu McCall Trammell, Co-Chair, mtram10@uga.edu Paul Wildes, Co-Chair, pwildes4@uga.edu

CLE Credits 6.0 CLE Hours, including 1.0 Ethics Hour for Georgia Attorneys

Schedule 9:00 a.m. – 10:00 a.m.

Registration and Opening Remarks from Dean Peter Bowman Rutledge and Avi Garbow, General Counsel of the U.S. EPA

10:00 a.m. – 11:10 a.m.

Solar Power in the Southeast & Georgia's New "Household Solar Panel" Bill, House Bill 57

11:15 a.m. – 12:25 p.m.

Flood Insurance: Tension Between Risk & Affordability

12:30 p.m. – 1:30 p.m.

Lunch

1:30 p.m. – 2:30 p.m.

Keynote Address

2:40 p.m. – 3:50 p.m.

Farm to School & Child Nutrition Reauthorization

2

Overview of the Conference The Red Clay Conference is an annual student-run conference at the University of Georgia School of Law. This event was established to increase public awareness of environmental issues on a regional, national, and international level through a series of educational presentations and open forum discussions. The conference attracts attorneys as well as students and interested members of the Athens community.

This year’s conference will focus on making a sustainable lifestyle accessible to all communities. Specifically, it consists of one keynote speaker and three panels, which will address the following topics: Solar Power, Flood Insurance, and Farm to School Programs.

Avi Garbow Mr. Avi Garbow was sworn in as General Counsel for the United States Environmental Protection Agency in August 2013. During his tenure, Mr. Garbow has worked closely on President Obama’s landmark environmental accomplishments, including the Clean Power Plan, Clean Water Rule, and numerous other initiatives to protect public health, improve public access to environmental information, and advance environmental justice.

Prior to his confirmation as General Counsel, Mr. Garbow worked for the EPA in the Office of Enforcement and Compliance Assurance, as a federal prosecutor in the Department of Justice’s Environmental Crimes Section, as a litigation partner and junior partner at two major international law firms, and as EPA’s Deputy General Counsel. Mr. Garbow is the recipient of the University of Virginia School of Law’s Robert F. Kennedy Award for Public Service, holds a Master’s Degree in Marine Affairs, and is a former volunteer firefighter.

3

Solar Power in the Southeast & Georgia's New "Household Solar Panel" Bill, House Bill 57 Changes in the Southeast’s energy landscape suggest an increased awareness of the benefits of solar power. Through avocation, legislation, and education, solar power proponents are currently making an effort to increase this renewable energy source’s affordability and accessibility so these benefits can be enjoyed by a wider spectrum of the population. Georgia’s “household solar panel” bill, House Bill 57, is a result of such efforts. By enabling homeowners to enter into contracts such as purchase power agreements, HB 57 could effectively begin to break down financial barriers to wide-spread household solar panel installation. Good or bad, the conversion to solar power by a wider range of economic classes will undoubtedly affect the economics of individual households and the energy sector as a whole. As Georgia decides its next step towards a sustainable and efficient energy future, a look at southeastern states that are “ahead of the game” in terms of solar legislation and integration may provide valuable insight into the proper course of action.

Michael Vandenbergh Mr. Michael Vandenbergh is a professor at the Vanderbilt Law School where he was named a David Daniels Allen Distinguished Chair of Law in 2013. Professor Vandenbergh is a leading scholar in environmental and energy law whose research explores the relationship between formal legal regulation and informal social regulation of individual and corporate behavior. He is particularly interested in the role households play in sustainability. Professor Vandenbergh serves as Director of Vanderbilt’s Climate Change Research Network and Codirector of its Energy, Environment, and Land Use Program.

4

Chuck Eaton Mr. Chuck Eaton has served as a Georgia Public Service Commissioner since 2007. In 2008, he served as Commission Chairman and his fellow Commissioners chose him in 2012 to serve again as Chairman during 2013 and 2014. Commissioner Eaton has been a leader in Georgia’s movement towards solar energy. He is a proponent of adding solar power generation when it makes economic sense and when it does not unduly burden consumers. Commissioner Eaton’s efforts have helped Georgia achieve energy rates that are significantly less than states that have mandated expensive renewable projects. Mr. Eaton is currently the only attorney on the Commission.

Kurt Ebersbach Mr. Kurt Ebersbach is a Senior Attorney at the Southern Environmental Law Center. A University of Georgia School of Law graduate, Mr. Ebersbach is currently involved in many of SELC’s efforts to make solar energy more affordable and accessible in the Southeast.

Specifically, Mr. Ebersbach is actively involved in SELC’s solar initiative, which focuses on removing the multiple barriers that still prevent some Southerners’ access to solar energy.

Additionally, Mr. Ebersbach is involved in SELC’s avocation of energy efficiency and its largescale efforts to help the Southeast meet the requirements of the EPA’s Clean Power Plan and continue the region’s transition to cleaner energy.

5

Flood Insurance: Tension Between Risk & Affordability Rising sea levels have caused increased flooding on the coast. One major issue facing Georgia’s coastal communities is that many low income communities are located in the most vulnerable flood zones. In these communities, relocating or renovating is not always an option, and many residents cannot afford the increasing costs of flood insurance. This tension between risk and affordability is unlikely to go away; coastal communities, however, have been making efforts to alleviate the costs. One of these mitigation efforts is participation in the National Flood Insurance Program’s (NFIP) Community Rating System (CRS). The CRS is an incentive program which serves to encourage community floodplain management beyond that required by NFIP. The goals of CRS include reducing flood damage, strengthening NFIP insurance, and encouraging a comprehensive mitigation effort in floodplain management.

Tom Shillock

Mr. Tom Shillock has over 28 years of experience with the State of Georgia

Environmental Protection Division, where his environmental employment has included the metro-Atlanta District compliance office, the Land Protection Branch, Air Quality Forecaster – EPD Air Protection Branch, and now the Watershed Protection Branch, Floodplain Management Unit. He is the State Floodplain Management Coordinator, a Certified Floodplain Manager, GIS Specialist, assistant instructor for the FEMA L273 Managing Floodplain Development through the National Floodplain Insurance Program course, Vice-Chair of the Georgia Association Floodplain Managers (GAFM), and has been a member of the Association of State Floodplain Managers (ASFPM) since 2009. He is trained in FEMA Elevation Certificates as well as Substantial Damage Estimation.

6

Scott Pippin Mr. Scott Pippin is a Public Service Assistant at the Carl Vinson Institute of Government in Athens, Georgia. He is part of the Planning and Environmental Services division and works on issues concerning environmental and natural resources planning, land use, communities planning, and economic development. He earned a Masters in Environmental Planning and Design and his J.D. from the University of Georgia. Prior to working with the Carl Vinson Institute, Mr. Pippin worked as a local governmental attorney and as an environmental consultant.

Andrew Whalen III Mr. Andrew Whalen III is the City Attorney for the City of Griffin in Georgia. The City of Griffin has achieved one of the highest CRS ratings in Georgia, a CRS Class 5 rating, thereby providing policyholders located in Special Flood Hazard Areas a premium discount of 25%.

In 1996, Mr. Whalen drafted the ordinances creating Georgia’s first storm water management utility for the City of Griffin, which has served as the model for many other jurisdictions. He frequently consults with Georgia jurisdictions on establishing successful storm water management programs, utilities, and NPDES permit compliance under the Clean Water Act. From 1993 until its completion in 2005, Mr. Whalen served as general counsel for the Still Water Branch Regional Reservoir and Water Treatment Project, located in Pike County, Georgia. Mr. Whalen earned his J.D. from Emory University School of Law.

7

Keynote Address: Professor Robert R.M. Verchick Mr. Robert Verchick holds the Gauthier-St. Martin Chair in Environmental Law at Loyola University in New Orleans. He is also a Senior Fellow at Tulane University's Disaster Resilience Leadership Academy, in the School of Social Work, and President of the Center for Progressive Reform, a national policy institute focused on public health, public welfare, and environmental protection. Professor Verchick served in the Obama administration as Deputy Associate Administrator for Policy at the U.S. Environmental Protection Agency in 2009 and 2010. In that role he helped develop climate adaptation policy for the EPA and served on President Obama's Interagency Climate Change Adaptation Task Force. In the fall of 2012, he researched climate adaptation policies in India as a Visiting Scholar at the Centre for Policy Research in New Delhi, supported by a Fulbright-Nehru Environmental Leadership Award. He holds an A.B. degree, with honors and distinction, from Stanford University and a J.D. degree, cum laude, from Harvard University.

Professor Verchick’s writing focuses on environmental regulation, climate change adaptation, and the developing field of disaster law. His work has appeared in many venues, including the California Law Review, the Southern California Law Review, and the environmental law journals at Harvard, Stanford, and Berkeley. He is the author of three books, including Facing Catastrophe: Environmental Action for a Post-Katrina World (Harvard University Press 2010), which was selected as a CHOICE Outstanding Academic Title by the American Library Association.

8

Professor Verchick has testified before Congress several times and represented environmental interests in friend-of-the-court briefs in cases before the U.S. Supreme Court and the federal appellate courts. He has written commentaries for several news outlets. Professor Verchick has taught as a visitor at several schools, including Peking University (China) and Aarhus University (Denmark), and has received several teaching awards. He has lectured across the United States, Europe, and Asia.

Farm to School & Child Nutrition Reauthorization Our School Nutrition & Agriculture panel, in anticipation of the Child Nutrition Integrity and Access Act of 2016, will concentrate on Georgia’s growing school nutrition programs. This panel fits within our conference's larger theme—Environmental Law's role in increasing access to sustainable markets for all Georgians—by focusing on two of Georgia’s most valuable yet often underserved resources, our agriculture and our youth. We hope to use Georgia's Farm to School Programs as an illustrative framework for granting many Georgians, namely low-income children and agriculture workers, access to the healthy, sustainable lifestyles.

Heather Benham Ms. Heather Benham is the Executive Director for Athens Land Trust, a nonprofit land trust that has received recognition on the national level for its conservation, affordable housing, and community agriculture programs. She earned her Masters of Historic Preservation and J.D. from the University of Georgia.

The land trust’s impact has grown significantly during her tenure; the organization has grown from three employees to 25, and the annual operating budget has

9

grown from $60,000 to nearly $1 million. Under Heather’s leadership, Athens Land Trust has forged a relationship with Clarke County school district and played a vital role in the district being a recipient of the 2015 “Outstanding District” Golden Radish Award, the highest level of recognition in the state for farm to school programs.

Mindy Goldstein Ms. Mindy Goldstein is a professor at Emory University School of Law and the director of the Turner Environmental Law Clinic and interim director of the Environmental and Natural Resources Law Program. She earned her J.D. from the University of Maryland, where she graduated magna cum laude with a concentration in environmental law. In addition to her work at Emory, Professor Goldstein sits on the board of several environmental nonprofit organizations, including Wholesome Wave Georgia and Global Growers. She is the co-chair of the Georgia Public Interest Environmental Law Coalition and a member of the Institute for Georgia Environmental Leadership class of 2015.

Misty Friedman Ms. Misty Friedman is the School Nutrition Coordinator at the Georgia Department of Agriculture and previously served as the Director of Nutrition for the Morgan County school district. Since her appointment to the D.O.A., Ms. Friedman has coordinated many projects involving Georgia’s school kitchens including the Feed My School Program and Georgia Grown Test Kitchen. Both programs give school children access to more nutritional foods, facilitate the adoption of healthier and local recipes in school cafeterias, and raise awareness about food and agriculture among school

10

children. Additionally, Misty has been extremely influential in enactment of Georgia’s 2020 Vision Plan for School Nutrition—a venture headed by leaders in the agriculture, education, and public health sectors to increase the presence of nutritious, local foods in school cafeterias.

Moderators Peter Appel, Solar Power in the Southeast & Georgia's New "Household Solar Panel" Bill, House Bill 57 Peter Appel is the Alex W. Smith Professor of Law at the University of Georgia School of Law where he teaches courses in property, environmental law, and natural resources law. He earned his Bachelor and Law degrees from Yale University, where he served on the notes editing committee of the Yale Law Journal and was a member of the Yale Law and Policy Review.

Before coming to UGA, Professor Appel clerked for Chief Judge Gilbert S. Merritt of the U.S. Court of Appeals for the Sixth Circuit and served for over six years in the Environment and Natural Resources Division of the U.S. Department of Justice. His research spans the use of law to promote sustainable commerce, wilderness preservation and the courts, and more traditional doctrinal scholarship in environmental and natural resources law and property. In addition to teaching at Georgia Law, Professor Appel has served as an instructor to senior members of federal agencies and federal wilderness managers.

11

Laurie Fowler, Flood Insurance: Tension Between Risk & Affordability Environmental attorney Laurie Fowler is the Associate Dean for Public Service and Administrative Affairs at the Odum School of Ecology at the University of Georgia and the director for policy of the River Basin Center. She also serves on the clinical faculty (adjunct) at the School of Law. The focus of her teaching, research and service is on watershed management, protection of biodiversity, and associated land conservation and land use policies.

Dean Fowler received her LL.M. from the University of Washington, her J.D. from the University of Georgia and her B.A. from the University of the South.

Over the past three years, Dean Fowler has coordinated a partnership between major academic institutions—the University of Florida, Florida State University, Albany State University, Auburn University and the University of Georgia—to provide assistance to the ACF Stakeholders, Inc. to develop sustainable transboundary management of the ACF. Dean Fowler has served on advisory boards to the Georgia Department of Natural Resources, the Georgia Environmental Protection Division, the Attorney General and the Georgia Department of Community Affairs.

Christian Turner, Farm to School & Child Nutrition Reauthorization Christian Turner is an Associate Professor at the University of Georgia School of Law where he teaches courses on property law, natural resources law, land use, and the regulation of knowledge and information. He previously taught at the Fordham University School of Law. Before entering academia, he worked as an associate at the Wiggin and Dana law firm in Connecticut and as a judicial clerk for Judge Guido Calabresi of the U.S. Court of Appeals for

12

the Second Circuit. Professor Turner also interned at the White House Council on Environmental Quality in 2000. His scholarship focuses on the regulation of information, the regulation of natural resources, and applying his mathematical training to legal theory.

Professor Turner graduated magna cum laude from the University of South Carolina with a Bachelor’s degree in mathematics and was named Mathematics Undergraduate of the Year. He earned his Doctorate from Texas A&M University in 1999 before graduating from Stanford Law School in 2002. At Stanford, Professor Turner served as president of the Stanford Law Review and was inducted into the Order of the Coif.

13