College of Law
Winter 2013
Natural Resources and Environmental Law In this third annual newsletter, we are proud to introduce new opportunities in our expanding capacity in the area of natural resources and environmental law (NREL) at the University of Idaho College of Law. To expand our focus on the integration of law and science over the next year, we will add a field course and a peer-reviewed NREL edition of the Idaho Law Review. This expansion builds on an already vibrant community of students and faculty committed to furthering their knowledge and skills in solving the difficult natural resources and environmental problems facing us in the coming years. Together, with the strong emphasis on public service and pro bono activity at the College of Law, visitors to the College will find we are committed to the use of their knowledge and skills to contribute to sustainable and equitable stewardship of the environment. For more information, please visit the College of Law’s NREL website: uidaho.edu/law/academics/areasofstudy/nrel
NREL Programs The Pacific and Inland Northwest are rich in natural resources, and the issues involving natural resources have figured prominently in the region’s legal history. The University of Idaho’s location—combined with its nationally recognized natural resource academic and research programs—make this an ideal place to study how humans interact with land, resources, and the natural environment. At the College of Law, students will find several options for developing their interests and expertise in natural resources and environmental law.
In developing their own written work, students participate in a special writing seminar where they present their own work and critique and edit the work of other students. This writing project allows a more in-depth focus on a topic as well as increased interactions with colleagues and the faculty who lead the seminar.
The College of Law also provides the opportunity to combine the J.D. degree with M.S. or Ph.D. degrees in related fields. The location of the law school on the campus of a major university known for its research and outreach in natural resources and The College of Law’s emphasis in natural environmental fields has made possible the resources and environmental law provides development of concurrent degree options a coherent program of study for students in water resources and environmental who wish to develop expertise in the legal regimes that address land, water, the natural science, the recent addition of opportunities in bioregional planning and community environment, and human interactions design, and in a professional science masters with those systems. Students complete at in natural resources and environmental least 19 hours of designated course work in science. These programs expose students the area and a major writing assignment.
to the interface among law, science, policy, engineering, social science and planning, and enable students to take courses and conduct research outside the law school while concurrently pursuing a J.D. Concurrency builds in efficiencies that allow students to complete a J.D./M.S. in four years and a J.D./Ph.D. in six years. We have seven graduates with J.D./M.S. degrees in water resources, five with J.D./M.S. degrees in environmental science, and have enrolled our first concurrent degree students in bioregional planning and community design and in the professional science masters. We find that our concurrent degree graduates are highly competitive in the job market with placement in both governmental and private positions. Our NREL emphasis graduates are employed in jobs ranging from nonprofits to firms and to government and corporate counsel.
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Environmental Law Society The Environmental Law Society had a busy and productive year in 2012–2013. We hosted a variety of events ranging from social hours with practicing attorneys to field trips to operating silver mines. Here is a glimpse of all that we accomplished! We began the year with the annual ELS rafting trip down the Salmon River. There were 25 students, professors, and their families who enjoyed a relaxing Labor Day float down the beautiful, wild and scenic river. The fall semester also included visits from several prominent water attorneys, including Clive Strong, Chief Deputy of the Natural Resource Division in the Idaho Attorney General’s office, Chris Bromley, Deputy Attorney General with the Idaho Department of Water Resources, and TJ Budge and Candace McHugh, of Racine, Olson, Nye, and Budge in Pocatello. The ELS wrapped up the fall semester with an exciting trip to Wallace, Idaho, to tour the Galena complex and silver mine. After winter break, the ELS picked
up where it left off with Gary McFarlane, Ecosystem Defense Director with Friends of the Clearwater who spoke about placer mining on the north fork of the Clearwater River. During the spring semester, the ELS was involved in multiple events. First, we co-hosted the Navajo Nation Supreme Court with the Idaho chapter of Native American Law Student Association. We also presented Chasing Ice, a film that documents the rapid decline of the world’s glaciers; we hosted a dinner with Scott Reed, prominent environmental attorney from Coeur d’Alene; we hosted Dr. Jennifer Sass, senior scientist with NRDC and based in Washington, DC; and we hosted members of the Salish-Kootenai tribes, who spoke about their efforts to increase capacity to take over Kerr Dam and their landmark water rights settlement, which is in the final stages of review and approval. Lastly, to finish out the year, we hosted our annual Earth Day 5 k Fun Run.
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NREL and Idaho Law Review We are pleased to announce an exciting partnership between faculty in the NREL program and the University of Idaho’s flagship journal, the Idaho Law Review. Beginning in fall 2014, the Idaho Law Review will publish an annual Natural Resources and Environmental Law (NREL) Edition, which will include the following: peer-reviewed papers and essays by prominent scholars in the field, and a “year in review” highlighting important NREL developments in Idaho and the Pacific Northwest. The online version of the NREL Edition will also include student articles
on NREL issues. This annual edition will be on the leading edge of a movement toward peer review of legal scholarship. Articles will be substantially shorter than standard law review articles. The journal will also welcome interdisciplinary articles at the intersection of law, science and society. Each NREL Edition of the Idaho Law Review will have a theme chosen by the faculty advisor for that year. Professor Richard Seamon is the advisor for the inaugural edition and has chosen the topic Administrative Law and Adaptive Governance.
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NREL Summer Field Course We are happy to share the development of a two-credit, six-day summer field course exploring the implementation of natural resources and environmental law on the ground in Idaho. This course will take place the week before fall classes begin and be offered for the first time in August 2014. One of the great advantages of our location being in the inner mountain west is our close proximity to the places where natural resources and environmental law plays out in the daily lives of people in rural communities and among the landscapes we enjoy. Our resource management and protection laws are best understood when experienced in their social, cultural and ecological contexts. For example, it is easy to think we understand the protection of endangered species in the abstract, but it is a different experience when you see how that protection might affect real places, landscapes, people and economies. Resources management is often as much about particular places and personalities as it is about technical legalities. This course will take our students to places where natural resources and environmental law are practiced, introduce them to the people who must implement the law, and connect them directly with the resources affected by our legal system. Perhaps just as important,
this course will also introduce our students to the people regulated by the law to experience the importance of the relationship between the regulators and the regulated, and to those whose interests are protected by the law to experience the importance of the relationship between advocates and the regulated community. During the field trip part of the course, the students will collaborate on a project they will present to the entire class. Following the field trip, each student will finalize a written product communicating the approach and ideas developed in the collaborative project. In addition, each evening the students will complete a short essay. The course will be based at the McCall Field Campus and the McCall Outdoor Science School located in Ponderosa State Park, one of Idaho’s most beautiful parks located on the shores of Payette Lake. During the course, law students will interact directly with graduate students in environmental education and environmental science in summer residence at MOSS and who work on the non-legal aspects of the resource disputes law students will consider. This interaction complements the focus of our NREL programs on the intersection between law and science.
Winter 2013
Recent Concurrent Degree Graduates Meghan Carter Meghan Carter received her J.D./M.S. in water resources in December 2012. Her thesis, Mining Contamination Impacts on Policy, Management, and Lake Geochemistry in the Coeur d’Alene Basin, Idaho, USA, researched the qualitative and quantitative differences in sediment deposition to Lake Coeur d'Alene before and after initiation of remediation within the Coeur d'Alene Basin. Her major advisor was Dr. Matthew Mora with the College of Agriculture and Life Sciences, and her committee members were Jerrold Long with the College of Law and Frank Wilhelm with the College of Natural Resources. Meghan’s research was funded in part by the Student Grant Program. She recently accepted a position in the Natural Resources Division of the Idaho Attorney General’s Office in Boise, Idaho.
Dylan Hedden-Nicely Dylan Hedden-Nicely received his J.D./M.S. in water resources in November, 2012. His thesis, A Water Balance Model to Assess the Technical, Legal, and Administrative Constraints on Lake Coeur d’Alene, Idaho, analyzed data for the various hydrological flows in and out of the lake. Using those analyzed data, he then developed a water balance model to assess the impact that water rights with points of diversion from the lake have on the management of lake elevation. Dylan’s major advisor was Dr. Fritz Fiedler with the College of Engineering and his committee members were Barbara Cosens with the College of Law, and Dr. Ed Galindo with the Aquaculture Research Institute at the University of Idaho. Dylan’s research was funded in part by the Coeur d'Alene Tribe and Avista Utilities. He now works for the firm of Howard A. Funke and Associates in Coeur d’Alene, Idaho.
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Mark Cecchini Beaver Mark Cecchini Beaver received his J.D./M.S. in water resources in May 2013. His thesis, Transboundary Columbia River Operational Alternative Analysis in a Collaborative Framework, details the development and application of the Columbia River Operations Model, a tool for simulating dam and reservoir operations on the main stem Columbia and Kootenay Rivers. Mark used this model to evaluate three river-management alternatives derived from a survey of Columbia Basin stakeholders. His major advisor was Dr. Fritz Fiedler with the College of Engineering and his committee members were Professor Barbara Cosens and Professor Anastasia Telesetsky, both from the College of Law. Mark’s research was funded in part by a fellowship from the Hydro Research Foundation. He currently resides in Boise, Idaho, where he serves as a law clerk for the Honorable Candy W. Dale, Chief Magistrate Judge for the District of Idaho.
Matt Janz Matt Janz received his J.D./M.S. in water resources in May 2013. His thesis, Resolving Uncertainty in Legal and Economic Interests in Hard Rock Mining: A case study regarding large scale copper mining in Alaska, researched the power imbalance between mine proponents and local communities in mine siting in the US and the potential for incorporation of ecosystem services analysis in environmental review to help improve that balance. He applied the analysis to the current efforts to permit the Pebble Mine in Alaska. His major advisor was Professor Barbara Cosens with the College of Law, and his committee members were Dr. Kelly Wendland and Dr. Sandra Pinel, both with the College of Natural Resources.
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Ross Phillips Ross Phillips received his J.D./M.S. in water resources in August 2013. His thesis, An Economic and Legal Evaluation of Wastewater System Finance in Idaho, researched the impact of Idaho’s legal framework on the economic framework of wastewater system finance. His major advisor was Dr. Garth Taylor with the College of Agriculture and Life Sciences, and his committee members were Dr. Phil Watson with the College of Agriculture and Life Sciences, Jesse Richardson with Virginia Tech Urban Affairs and Planning, and Bill Jarocki with Voltaic Solutions, LLC.
Megan Kernan Jennifer Ouellette Jennifer Ouellette received her J.D./M.S. in water resources in May 2013. Her thesis, Adaptive Management of Water Resources in Idaho: A look at potential complications stemming from the Prior Appropriation doctrine within the context of the privatization of municipal water systems, researched how conflicting environmental values within the law could complicate the implementation of adaptive management of water resources in the state of Idaho. Her major advisor was Professor Richard Seamon with the College of Law, and her committee members were Dr. Adam Sowards and Dr. Lindsay Craig, both with the College of Letters, Arts and Social Sciences.
Megan Kernan will receive her J.D./M.S. in water resources in December 2013. Her thesis, At the Confluence of Law and History: Water Rights in Nez Perce Country, researched historical and legal aspects of two water resource issues involving the Nez Perce Tribe. Specifically, Megan's thesis investigated the historical creation of property and resource rights within the aboriginal homeland of the Nez Perce people, the involvement of federal stakeholders in exercising those rights, and the use of legal mechanisms to assert rights and protect resources. Her major advisor was Dr. Adam Sowards with the College of Letters, Arts and Social Sciences, and her committee members were Professor Dale Goble and Professor Barbara Cosens, both with the College of Law. Megan’s research was funded in part by a grant from the Idaho Department of Environmental Quality 319 Program under the Clean Water Act.
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Faculty
Professor Barbara Cosens Professor Barbara Cosens represents the College of Law in development of the UI interdisciplinary Waters of the West Program, which includes options for concurrent J.D./M.S. and J.D./Ph.D. degrees in water resources. She teaches water law, water policy, and law and science, and a graduate course in interdisciplinary methods in water resources. Her research interests include resilience and water governance; the intersection of law and science; Native American water rights; and transboundary dispute resolution. Professor Cosens’ field area is the Columbia River Basin, and she represents UI as a member of the Universities Consortium on Columbia River governance. She is collaborating with the Utton Center and the Earth Data Analysis Center at the University of New Mexico and American Indian Law Center to develop the Native American Water Rights Settlement electronic repository. Cosens is co-chair of a project on Social-Ecological System Resilience: Climate Change and Adaptive Water Governance with the NSF-funded University of Maryland’s National Socio-Environmental Synthesis Center. Along with Professor Jerrold Long, she is a participant on the recently funded NSF IGERT—a $3.1 million dollar grant to the Water Resources Program. She received her LL.M. from Northwestern School of Law at Lewis and Clark College in Natural Resources and Environmental Law (2003), her J.D. from the University of California, Hastings College of the Law (1990), her M.S. in geology from the University of Washington (1982), and her B.S. in geology from the University of California at Davis (1977).
Recent Scholarship: The Columbia River Treaty Revisited: Transboundary River Governance in the Face of Uncertainty, edited by Barbara Cosens, A Project of the Universities Consortium on Columbia River Governance (Oregon State University Press, 2012). Cosens, B. and J. Royster eds. The Future of Federal and Indian Reserved Water Rights: The Winters Centennial (University of New Mexico Press, 2012). Chapter: “The Legacy of Winters v. United States and the Winters Doctrine, One Hundred Year Later.” Cosens, B. Legitimacy, adaptation, and resilience in ecosystem management. 2013. Ecology and Society 18(1): 3. http://dx.doi.org/10.5751/ES-05093-180103. Cosens, B. Resilience and Law as a Theoretical Backdrop for Natural Resource Management: Flood Management in the Columbia River Basin, 42 Environmental Law 241 (2012). Cosens, B., Fiedler, F., Boll, J., Higgins, L., Johnson, G., Kennedy, B., Laflin, M., Strand, E. and Wilson, P. Interdisciplinary Methods in Water Resources: Communication Across Disciplines, 29 Issues in Integrative Studies 118-143 (2011) available at www. units.muohio.edu/aisorg/pubs/issues/toclist.shtml. Cosens, B. A. and M. Kevin Williams. 2012. “Resilience and Water Governance: Adaptive Governance in the Columbia River Basin.” Ecology and Society 17 (4): 3. [online] www.ecologyandsociety.org/vol17/iss4/art3.
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Angelique Townsend EagleWoman United States and the Need for a Reconciliation Involving International Indigenous Human Rights Norms,” 39 Wm Mitchell L. Rev. 486 (2013). “Bringing Balance to Mid-North America: Re-Structuring the Sovereign Relationships between Tribal Nations and the United States,” 41 U. Balt. L. Rev. 671 (Summer 2012). “Cultural and Economic Self-Determination for Tribal Peoples in the United States Supported by the UN Declaration on the Rights of Indigenous Peoples,” 28 Pace Envtl. L. Rev. 357 (2010)(Published address from Symposium of May 13, 2010). Angelique Townsend EagleWoman (Wambdi A. WasteWin) is an associate professor at the University of Idaho College of Law. She is a citizen of the SissetonWahpeton Oyate of the Lake Traverse Reservation in the Dakotas. Professor EagleWoman represents the College in the Native Law Program and serves as a member of the Natural Resources and Environmental Law cohort. Her research interests include tribal sovereignty and jurisdiction issues; treaty hunting and fishing rights for Tribal Nations and their citizens; transboundary issues for Indigenous peoples; tribal economic development and use of natural resources; and improving the quality of life for Indigenous peoples. She received her L.L.M. in American Indian and Indigenous Law at the University of Tulsa (2004), her J.D. from the University of North Dakota School of Law (1998), and her B.A. in political science from Stanford University (1993).
Recent publications: Mastering American Indian Law, Carolina Academic Press 2013, coauthored with Dean Stacy Leeds. “Wintertime for the Sisseton-Wahpeton Oyate: Over One Hundred Fifty Years of Human Rights Violations by the
“Tribal Nations and Tribalist Economics: The Historical and Contemporary Impacts of Intergenerational Material Poverty and Cultural Wealth within the United States,” 49 Washburn L. J. 805 (2010). “A Constitutional Crisis When the U.S. Supreme Court Acts in a Legislative Manner? An Essay Offering a Perspective on Judicial Activism in Federal Indian Law and Federal Civil Procedure Pleading Standards,” 114 Penn State Law Review, Penn Statim 41 (2010). “Tribal Hunting and Fishing Lifeways & Tribal-State Relations in Idaho,” 46 Idaho L. Rev. 81 (2009). “The Eagle and the Condor of the Western Hemisphere: Application of International Indigenous Principles to Halt the United States Border Wall,” 45 Idaho L. Rev. 555 (2009).
Select Presentations: "Federal Indian Policy - The Federal Indian Relationship & Government to Government Relationship" and "Jurisdiction and Courts," presentations for the Working Effectively with Tribal Governments Interagency Federal and State Workshop, Boise, Idaho, August 6, 2013.
“Federal Indian Law: An On-Going Legal Rationale for Human Rights Violations,” panel presentation for the panel: Session 7- Native American Concerns – Justice & Injustice for The Pursuit of Justice Conference: Understanding Hatred, Confronting Intolerance, Eliminating Inequality at Gonzaga University School of Law, Spokane, WA, April 19, 2013. “Insights from a Native American Woman Law Professor,” panel presentation for the panel: Concurrent #4 – Building Networks of Allies for the Presumed Incompetent Symposium: The Intersections of Race and Class for Women in Academia, UC Berkeley School of Law, Berkeley, CA, March 8, 2013. “Wintertime for the Sisseton-Wahpeton Oyate: Reviewing the Dakota War of 1862 to the Present Day,” panel presentation for the panel: “Genocide, Human Rights and the Need for Reconciliation,” of The Law and the US-Dakota War of 1862, William and Mitchell College of Law, St. Paul, MN, Oct. 26, 2012. “Intergenerational Tribal Poverty and Cultural Wealth: A Broad Perspective on the Importance of Rebuilding Tribal Economies,” presentation for the 7th Annual Re-Emerging Northwest Tribal Economies Seminar, Tulalip Resort Casino, Tulalip, WA, August 5, 2011. (Also served as Program Co-Chair for the Seminar). “Bringing Balance to Mid-North America: Restructuring the Sovereign Relations Between Tribal Nations and the United States,” keynote presentation for the Anne Marie Fairbanks (Williams) Indigenous Law Forum, Hamline University School of Law, St. Paul, MN, March 17, 2011. “Tribal Economics: Past Influences and Contemporary Perspectives,” Keynote Presentation, 2nd Annual Nez Perce Tribal Economic Summit, Lapwai, ID, Sept. 9, 2010.
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Dale Goble BioScience 970-976 (2012) (with Vicky J. Meretsky, Lynn A. McGuire, Frank W. Davis, David M. Stoms, J. Michael Scott, Brad Griffith, Scott E. Henke, Jacqueline Vaughn, and Steven L. Yaffee) Conservation-Reliant Species, 62 BioScience 869-873 (2012) (with John A. Wiens, J. Michael Scott, Timothy D. Male, & John A. Hall)
Dale Goble is the Margaret Wilson Schimke Distinguished Professor of Law at the University of Idaho. He earned a B.A. in philosophy from Columbia College and a J.D. from the University of Oregon. Following law school, he taught at Oregon for a year before joining the Solicitor’s Office at the Department of the Interior in Washington, D.C. Following a year as an Honor’s Program Attorney, Professor Goble worked in the Lands and Minerals Division.
Recent Publications: A State-Based National Network for Effective Wildlife Conservation, 62
Using Conservation-Management Agreements to Secure Post-Delisting Perpetuation of a Conservation Reliant Species: The Kirtland's Warbler as a Case Study, 62 BioScience 874-79 (2012) (with Carol I. Bocetti and J. Michael Scott) Conflation of Values and Science: Response to Noss et al., 26 Conservation Biology 943-944 (2012) (with George F. Wilhere, Lynn A. Maguire, J. Michael Scott, Janet L. Rachlow, & Leona K. Svancara) Time to Accept Conservation Triage, 488 Nature 281 (2012) (with John A. Wiens & J. Michael Scott) By the Numbers: How Is Recovery Defined by the U.S. Endangered Species Act?, 62 BioScience 646 (2012) (with Maile C. Neel, Allison K. Leidner, Aaron Haines, & J. Michael Scott)
Beyond Reserves and Corridors: Policy Solutions to Facilitate the Movement of Plants and Animals in a Changing Climate, 61 BioScience 713-719 (2011) (with John Kostyack, Joshua J. Lawler, Julian D. Olden, & J. Michael Scott) A Fish Tale: A Small Fish, the ESA, and Our Shared Future, 40 Environmental Law 339-362 (2010), reprinted in 43 Land Use & Envtl. L. Rev. 339-62 (2012)
Conferences The Endangered Species Act at Seventy-Five, Couer d'Alene, Idaho (October 23-25, 2013) (organized with J. Michael Scott, John Wiens, Frank Davis, & Holly Doremus)
Papers The Endangered Species Act: An Overview, Issues in Ecology Workshop, National Conservation Training Center, Shepardstown, West Virginia (August 29, 2013) Everything You Always Wanted to Know about the ESA * But Were Afraid to Ask, The Endangered Species Act Turns 40, Ecological Society of America, 98th Annual Meeting, Minneapolis, Minnesota (August 7, 2013)
Jerrold Long Jerrold Long teaches property, land use and environmental law. He also represents the College of Law as an affiliate faculty member of the University’s interdisciplinary water resources and bioregional planning and community design programs. Professor Long’s research interests include the evolution of resource-protective legal regimes, the integration of community purpose within those same legal regimes, and the intersection of planning, design and local
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land-use controls. He received a Ph.D. from the University of Wisconsin, Madison, a J.D. from the University of Colorado, and a B.S. from Utah State University.
Waiting for Hohfeld: Property Rights, Property Privileges, and the Physical Consequences of Word Choice, 48 GONZAGA L. REV. 307-364 (2013).
Recent scholarship
Overcoming Neoliberal Hegemony in Community Development: Law, Planning, and Selected Lamarckism, 44 URB. LAW. 345-398 (2012).
Local Flood Control: Using Idaho’s Flood Control District Statute to Enable PlaceBased Stream Restoration, forthcoming THE ADVOCATE (June/July 2013). Sy Adler’s Oregon Plans: The Making of An Unquiet Land Use Revolution, forthcoming Pacific Historical Review (book review).
Private Lands, Conflict, and Institutional Evolution in the Post-Public-Lands West, 28 PACE ENVTL L. REV. 670-759 (2011).
Realizing the Abstraction: Using Today’s Law to Reach Tomorrow’s Sustainability, 46 IDAHO L. REV. 341-377 (2010). Sustainability Starts Locally: Untying the Hands of Local Governments to Create Sustainable Communities, 10 WYO. L. REV. 1-34 (2010). From Warranted to Valuable Belief: Local Government, Climate Change, and Giving Up the Pickup to Save Bangladesh, 49 NAT. RESOURCES J. 743-800 (2009).
Stephen R. Miller editor of the Constitutional Law Quarterly and an assistant to Professor Joel Paul on Unlikely Allies: How a Merchant, a Playwright, and a Spy Saved the American Revolution. Miller also worked for a land use and environmental law firm in San Francisco, California, prior to joining the faculty. His research interests include economic development, sustainable development, land use, environmental law, and local government law.
Stephen R. Miller joined the faculty of the University of Idaho College of Law in 2011. Professor Miller received his undergraduate degree from Brown University and a master’s degree in city and regional planning from the University of California, Berkeley. In 2006, he graduated from the University of California, Hastings College of Law, where he was senior articles
He was faculty advisor for the Idaho Law Review’s symposium on hydraulic fracturing, which can be viewed at http:// vimeo.com/64109149. He is also faculty advisor for the Idaho Law Review’s 2014 symposium entitled Resilient Cities: Environment/Economy/Equity. He was also named Outstanding Faculty Advisor by the Idaho Law Review in 2013. Miller moderated a panel on environmental law and historic preservation at the National Trust for Historic Preservation’s annual conference. He also spoke at the Association of Law, Property, and Society on the potential to use impact fees to address climate
change. He was invited to speak on a panel entitled, “Health and Sustainability” at the American Association of Law Schools’ Annual Meeting where he will present a work in progress entitled, “The Police Power and Public Health in the Age of Sustainability.”
Recent Publications: Legal Neighborhoods (Harvard Environmental Law Review); The Sustainable, Inevitably Exploding City (Environmental Law Reporter); The Visual and the Law of Cities (Pace Law Review); Hydraulic Fracturing and the Emerging Dormant Commerce Clause (ABA SEER Newsletter). His Economic Development Clinic also published Area of City Impact Agreements In Idaho, an 800-page first-of-its-kind guidance document and collection of existing growth management tools in Idaho.
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Anastasia Telesetsky Richard Seamon Richard Seamon teaches constitutional and administrative law. His research interests relate to issues of public law, including administrative law, constitutional law, and the federal courts (focusing on the U.S. Supreme Court). His research is informed by having spent nearly ten years in full-time legal practice in Washington, DC. He received his J.D. from Duke Law School, and an M.A. and B.A. from Johns Hopkins University. Seamon recently completed work on two books: a course book on administrative law and a source book on the United States Supreme Court. He is currently working on a book on Idaho administrative law, among other projects.
Recent Scholarship Supreme Court Sourcebook (Wolters Kluwer 2013) (with Andrew Siegel, Joseph Thai, and Kathryn Watts) Administrative Law: A Context and Practice Casebook (Carolina Academic Press 2013) Achieving Regulatory Reform by Encouraging Consensus, (Idaho) Advocate, p. 27 (February 2013) (with Joan Callahan)
Anastasia Telesetsky teaches international environmental law, public international law, and international trade and investment law. Professor Telesetsky received an LL.M. from the University of British Columbia, a J.D. from the University of California, Berkeley, an M.A. from the University of California, Santa Barbara, and a B.A. from Vanderbilt University. She formerly worked for the natural resource and environmental law firm of Briscoe, Ivester and Bazel in San Francisco, California. She is an active member of the American Society of International Law and the International Union for Conservation of Nature’s Commission on Environmental Law. Her current research focuses on the protection of the marine environment under the Law of the Sea and the emerging international law associated with ecological restoration.
Recent Publications: Law Reviews Ecoscapes: The Future of Ecological Restoration Law, Vermont Journal of Environmental Law, (Summer 2013) Fishing Moratoria and TURFs : Creating Opportunities for Marine Resource Abundance in West African Waters When International Legal Obligations Collide, Symposium Edition, __ Georgia Journal of International Law (2013).
Winter 2013
Follow the Leader: Eliminating Perverse Global Fishing Subsidies through Unilateral Domestic Trade Measures, __ University of Maine Law Review __ (2013) Restoration and Large Marine Ecosystems: Strengthening Governance for an Emerging International Regime Based on “Ecoscape” Management __ University of Hawaii Law Review ___ (2013) Experimenting with International Collaborative Governance for Climate Change Mitigation by Private Actors: Scaling up Dutch Co-Regulation, 4 European Journal of Legal Studies 1, 57-80 (Summer 2011). Resource Conflicts over Arable Land in Food Insecure States: Creating an United Nations Ombudsman Institution to Review Foreign Agricultural Land Leases, in Symposium Edition on “Conflict over Resources: Resources in Conflict”, 3 Gottingen Journal of International Law 1 (2011). Insurance as a Mitigation Mechanism: Managing International Greenhouse Gas Emissions Through Nationwide Mandatory Climate Change Catastrophe Insurance, 27 Pace Env. Law Review 3,691-734 (2010)
Chapters
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Co-Regulation and the Role of Transnational Corporations as Subjects in Implementing International Environmental Law in International Law in the New Age of Globalization (Andrew Byrnes, Mika Hayashi, and Chris Michaelsen eds.) Brill Publishers (2013) Rule of Marine Capture versus Rule of Cooperation in the East China Sea: Exploring Options for Regional Ecosystem Restoration , in Chinese (Taiwan) Yearbook of International Law and Affairs (2012). Bilateral Negotiations to Co-Manage Shared Marine Fisheries for Purposes of Conservation and Restoration, in Sharing and Distributing Ocean Resources (JinHyun Paik and Seokwoo Lee eds., 2011).
Co-Authored Chapters and Articles A Tribunal Navigating Complex Waters Implications of the Bay of Bengal Case, Ocean Development and International Law with Clive Schofield and Seokwoo Lee (2013) United Nations Convention on Law of the Sea and Marine Fisheries, co-authored chapter with Rebecca Bratspies, International Environmental Law Handbook, Taylor and Francis (2012)
Protecting Gifts from the Sea: Ocean Governance for Living Marine Resources after Rio +20 (Ashgate) (William Piermattei and Robert Percival eds.) (Forthcoming 2014)
Grey Clouds or Clearer Skies Ahead? Implications of the Bay of Bengal Case Law of the Sea Reports, with Clive Schofield, Vol. III, No 1 (2012)
Going Once, Going Twice--Sold to the Highest Bidder: Restoring Equity on the High Seas through Centralized High Seas Fish Auctions , (Harry Scheiber ed.) Law of the Sea Institute Publication (Forthcoming 2013-2014)
Select Presentations
Index-based Insurance: A Market Mechanism for Improved Industry Compliance and Agency Enforcement for Quantitative Pollution Standards, Environmental Law Institute (Forthcoming 2014)
Climate Change Insurance and International Disasters- Public Interest Environmental Law Conference- University of Oregon (March 2013)
An Emerging Legal Principle to Restore Large Scale Ecoscapes in The Rule of Law for Nature, Cambridge University Press (Christina Voigt ed. (2013)
Reducing Emissions by Deforestation and Forest Degradation : An Introduction to REDD+- Gonzaga Journal of International Law Symposium (March 2013)
“Good Faith” Obligations to Protect and Preserve the Marine Environment: A Proposal to Create Uniform High Seas Fisheries in The Law of the Sea: Limits of Maritime Jurisdiction, Ashgate (Clive Schofield, ed. Forthcoming 2013) Transnational Business Interests and Humans Rights in Large Scale Agribusiness Land-Leases in Africa: Should there be fewer voluntary principles and more law? in Business and Human Rights, Brill Publishers (Manoj Sinha ed.) (2013)
Malcolm Renfrew Interdisciplinary Lecture SeriesUniversity of Idaho- What does the Law of the Sea have to do with Idaho? (April 2013)
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Natural Resources and Environmental Law
College of Law