Spring 2012
Natural Resources and Environmental Law In this second 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. By taking advantage of synergies with other Colleges at the University, we have developed programs that allow students to emphasize natural resource and environmental law in their course of study toward a J.D., and provide five opportunities to obtain concurrent M.S. or Ph.D. degrees in areas of science and social science in the natural resources and environmental fields. This expansion has resulted in a vibrant community of students and faculty committed to
furthering their knowledge and skills in solving the difficult natural resource 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 of Law will find a community committed to 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: (http://www.uidaho.edu/law/academics/areasofstudy/nrel)
NREL Programs The Pacific and Inland Northwest is rich in natural resources, and 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 we 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 2008, the College of Law introduced a new emphasis in Natural Resources and Environmental Law, providing a coherent program of study for students desiring to develop an expertise in the legal regimes that address land, water, the natural environment, and human interactions with those systems. Students complete at least nineteen hours of designated course work in the area, and a major writing assignment. In developing their own written work, students participate in a special writing seminar in which 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 that jointly lead the seminar. The College of Law also provides the opportunity to combine the J.D. degree with M.S. or Ph.D. degree in related fields. The location of the law school on the campus of a major university known for its research and outreach in natural resource and environmental fields has made possible the development of concurrent degree options in Water Resources and Environmental Science, and have recently added opportunities in Bioregional Planning and Community Design and in Profession Science, described below. These programs expose students to the interface among law, science, policy, engineering, social science and planning, and allow students to take courses and do 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. Currently we have 10 students seeking concurrent degrees in Water Resources and 3 graduates. Five students have graduated with a J.D./M.S. in Environmental Science.
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JD/MS Bioregional Planning Beginning in the Fall of 2012, the College of Law will partner with the University of Idaho’s interdisciplinary program in Bioregional Planning and Community Design. In four years of study, students will be able to earn both the JD degree and a Master of Science in Bioregional Planning. Law students who do not wish to complete the Master’s degree can earn a Graduate Certificate in Bioregional Planning to accompany their JD degree. This new partnership will allow students to apply their legal education on the ground in western communities. Bioregional Planning students have updated and redesigned
zoning and subdivision ordinances, designed housing developments for the Coeur d’Alene Tribal Housing Authority, and created a riverfront park for a former logging community; they are currently working on a large, interdisciplinary and inter -university project looking at the development of a biofuels industry in the Pacific Northwest. Additional information can be found at the Bioregional Planning Program website (http://www.bioregionalplanning.uidaho.edu/).
JD Professional Science Masters Beginning in the Fall of 2012, the College of Law will partner with the University of Idaho’s interdisciplinary Professional Science Masters program. In four years of study, students will be able to earn both the JD degree and a Professional Science Masters. Unlike other concurrent degree options, this program combines two professional degrees and is appropriate for students seeking to practice environmental or natural resource law with an enhanced understanding of the resource and the
communities the law applies to. The absence of a thesis requirement in the PSM program reduces the timeframe for completion of the concurrent degrees. Additional information can be found on the Professional Science Masters Program website (http://www.uidaho.edu/cogs/psm).
Holland & Hart Writing Prize Thanks to the generous support of Holland & Hart LLP in Boise, the NREL program is able to recognize and reward students for their extraordinary efforts in legal and policy analysis. Each year, Holland & Hart awards the Holland & Hart Natural Resources and Environmental Law Writing Prize to the student completing the most accomplished research paper on a topic in natural resources or environmental law and policy. The attorneys at Holland & Hart judge the papers based on how well they address both the law and science (physical, biological, social, political, or otherwise) that is relevant to the issue examined.
The 2011 recipient of the Holland & Hart writing prize is Mark CecchiniBeaver. Mark’s article addresses the complicated legal, policy and scientific problems associated with regulating stormwater runoff from logging roads. It will be published in the Idaho Law Review as: “Tough Law” Getting Tougher: A Proposal for Permitting Idaho’s Logging Road Stormwater Point Sources Under Northwest Environmental Defense Center v. Brown, 48 IDAHO L. REV. (forthcoming June 2012).
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Environmental Law Society As is tradition, the Environmental Law Society (ELS) started the semester with a bang with our annual raft trip down the Wild and Scenic Salmon River. We were fortunate enough to enjoy perfect weather in the last days of summer deep in the heart of Idaho. This year was our biggest yet with over 30 students, faculty, family, and friends along for the ride. As a chance to reconnect with old friends and make new ones, the ELS raft trip has become one of the perennial favorite events at Idaho Law. Another event that featured prominently this semester was the ELS’s keynote presentation on the state of Idaho’s new regulations for the practice of hydraulic fracturing for natural gas. Hydraulic fracturing (or “fracking”) is currently one of the most pressing topics in environmental law throughout the West and across the nation as a whole. The presentation featured Professor Richard Seamon, our resident scholar of administrative and constitutional law and expert on the federal court system, and Michael Christian of Marcus, Christian, Hardee, and Davies, LLP (Boise, ID), an attorney who was very involved in the rulemaking process. As Professor Seamon explained, the Energy Policy Act of 2005 granted the gas industry broad exemptions from essentially all relevant federal environmental regulations. Accordingly, Mr. Christian explained that the burden of regulation has fallen to the states. He described how Idaho has shown foresight in this regard by promulgating a basic set of rules that will manage the practice of hydraulic fracturing despite the fact that the state has only recently begun to see gas exploration near Payette in Washington County. The ELS was proud to document our state’s first steps at ensuring environmental oversight in this new and booming industry. In addition to energy development, mining law was a topic of interest to the ELS this year. In keeping with our group’s desire to foster intelligent debate about issues in natural resource and environmental law, the ELS co-sponsored a presentation with the UI Federalist Society regarding the relevance of the General Mining Act of 1872 today. Andy Morriss of the University of Alabama School of Law gave a presentation that advocated for a free market environmentalist approach to managing the nation’s land and mineral resources. Prof. Morriss argued that sufficient market incentives exist to encourage mining companies to provide for the mitigation of environmental impacts while simultaneously adding some stability to a notoriously boom-and -bust industry.
The ELS was also fortunate enough to get a first-hand look at the mining industry in Idaho. In late October, our group travelled deep into Idaho’s beautiful Silver Valley to go on a fascinating tour of the Galena Mine and Mill. In addition to learning about the daily operation of the mine, our guides discussed the history of one of the state’s oldest and most important industries. Although nearly a century and a half of mining in the Silver Valley has left its mark on the environment, our guides informed us that a successful mine today is one that makes environmental compliance a top priority. The tour was highly informative and enjoying the company of the hard-working miners really put the practice of environmental law into perspective. Next semester promises more excellent events along these lines. We intend to invite Professor Jon Fremuth of Boise State University to speak with Professor Dale Goble on the long saga of the listing (and de-listing) of the Gray Wolf under the Endangered Species Act. In addition, to highlight the inherently interdisciplinary aspects of environmental law, the ELS will host a presentation by Dr. Jennifer Sass, an environmental toxicologist at the Natural Resources Defense Council in Washington, D.C. who also lectures at the George Washington University Law School. She is experienced in both the technical and legal aspects of regulating various chemicals, and she has recently published a report on systematic industry efforts to delay EPA regulation of various toxins ("Report Documents Industry Efforts to Delay Health Assessments of Toxic Chemicals" (http:// www.huffingtonpost.com/jennifer-sass/toxic-chemicalsreport_b_1017334.html)). Finally, we are keen to have Professor Anastasia Telesetsky speak on her work in international water law in the context of the renewal of the Columbia River Treaty— a topic of enormous importance to Northwest. Of course, the ELS will maintain its community involvement by helping to build mountain bike trails on Moscow Mountain with MAMBA and sponsoring our annual 5K Earth Day Fun Run. We will also be continuing our relationship with Friends of the Clearwater by working on pro bono research projects for that group. We encourage attorneys practicing natural resource, environmental, or water law to consider coming to Moscow to share your professional experiences. If you have questions, comments, suggestions for events, or would like to be added to the ELS listserv, please email ELS President, Brian Sheldon at shel2931@vandals.uidaho.edu.
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Summer Externship Students in the Waters of the West Program or who have declared a Natural Resource and Environmental Law Emphasis or who are pursuing one of the concurrent degree programs have the opportunity to participate in a 10-week summer externship program. Students work full-time for eight weeks at placements in Boise, Idaho, with the United States Attorney, the Idaho Attorney General, the Idaho Department of Environmental Quality, the Idaho Department of Water Resources, or private and nonprofit law firms working on conservation and/or environmental law projects. Students attend a weekly seminar taught by practitioners working in the environmental law field from the placement organizations. Students earn up to five classroom course credits and/or pro
bono hours by participating in this summer program. 2012 will be the fourth summer this program has been available to College of Law Students. Externship coordinator Katie Ball (see photo) organizes the summer placements. Clive Strong, Chief of the Natural Resources Division of the Idaho Attorney General’s Office, has organized the classroom component of the externship program for each of its four years, providing students with outstanding real world experiences.
Interview with Mr. Clive Strong Idaho Office of the Attorney General, Natural Resources Division, Chief November 17, 2011 I interviewed Clive Strong, my supervisor during my externship last summer at the Attorney General’s Office. In addition to supervising an extern each summer, Mr. Strong organizes a weekly class for all the Natural Resource Law externs. Each class features a guest lecturer and a topic within the overall structure of the course. The class was an excellent way to enjoy lunch with fellow externs, meet natural resources law practitioners, and learn about different natural resources law topics and how they are related. Ross Phillips: How did the Natural Resource Law Externship (NRLE) Program come about and how did you get involved? Clive Strong: After the Waters of the West was developed, the school started the NRLE Program. The Dean came down and spoke about the Program, and emails were sent out asking government agencies to take externs. I agreed to take an extern that first summer. During that summer, I came up with the idea to have a brown bag lunch class for all the externs in the program.
RP: Can you explain how you developed the externship class? CS: I believe there is a deficiency in the understanding of policy and science in natural resources law. The class is designed to be a forum for learning 3-D ways to solve immediate problems with long-term solutions. Natural resources law issues, such as the issues related to the SRBA, are connected. For example, water quality is connected to water quantity and the Endangered Species Act. By understanding these connections, we have been able to craft solutions such as the Nez Perce Settlement where we made the pie bigger and solved a broader set of issues. On the other hand, the development of the Eastern Snake Plain Aquifer is an example of not understanding these connections. Because the simple science of the aquifer-surface water connection was ignored, that development created some difficult obstacles for the management of that resource. RP: Working for you last summer, it seemed like a lot of what we were trying to do was shore up past settlements by interpreting what they meant when they were written and what they mean today. CS: Yes, whether you’re crafting a settlement or asking for a court ruling, it is important to anticipate future conflicts. There is a tension between certainty and ambiguity. Being too specific may limit what you are trying to do and too much ambiguity may lead to misinterpretation.
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Mr. Strong Cont. RP: Why are externships important to legal education and natural resources law? CS: The legal curriculum focuses on legal principles and cases. Natural resources involve more than law; policy and science are also important. The best way for students to understand and experience this is to work on real cases to get lasting solutions. RP: Do you have any goals for the future of the Program? CS: I hope to continue to refine and highlight the importance of dispute resolution in natural resource practice. Even if you litigate a natural resource issue, it will typically lead to settlement. It is important to keep an endgame in mind that will
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withstand environmental changes while coming up with a litigation strategy. RP: We appreciate all your work for this Program, and I enjoyed my externship last summer. How has your experience been working with the University of Idaho and our students? CS: I have very much enjoyed working with the students and the University of Idaho. I got my undergrad in Forestry and my law degree from the University of Idaho, and that education prepared me well for my career in natural resources law. I am glad to “pay that forward” to future natural resource managers and look forward to continuing to work with this Program. The students aren’t the only ones who learn from externships. By teaching, we learn more about what we know and don’t know.
Mark Cecchini Beaver During Summer 2011, I had the honor of clerking for the Honorable Ronald Bush, a federal magistrate judge for the District of Idaho. My duties included reviewing case filings, researching legal issues, and drafting memoranda on subjects ranging from electronic discovery to the National Environmental Policy Act. In addition, I participated in weekly seminars on current topics in Idaho environmental law hosted by Deputy Attorney General Clive Strong. But, while all of this surely sharpened my skills and deepened my knowledge base, the most rewarding part of the clerkship was in the courtroom. I attended as many oral arguments as possible because, early on, Judge Bush recommended them as chances to “learn by osmosis.” He was right. Each hearing was like a mini-course in a
new area of law, taught by the advocates as they dissected the issues of the day: alleged price fixing by a potato cooperative, the plight of the sage grouse on the West’s public lands, the bases for criminal liability under the Clean Water Act, or even disease vectors for dairy cattle. This wealth of opportunities not only gave me a taste of life inside a judge’s chambers but also a sense of what it means to be an effective advocate. I therefore thank Judge Bush, his talented staff of clerks, and Mr. Strong for a summer full of invaluable lessons.
Kristina Fugate My experience at the U.S. Attorney’s Office was incredible. The unique part about my summer was that while I worked on environmental cases, that wasn’t the only thing I did. I was assigned cases from many different areas of law, from white-collar crime to water law. Some of the natural resource cases I worked on were an R.S. 2477 claim and a FIFRA violation. Every day was a learning opportunity,
and no day was the same. Although I was a 1L and therefore could not participate in court, every attorney I worked with made sure I was still highly involved in each case I worked on. I went to meetings with agents, did legal research, drafted memos, and had opportunities to contribute my thoughts and ideas. I really want to thank everyone at the U.S. Attorney’s Office for the experience because the best part of my externship was definitely working with and learning from such amazing attorneys who were so willing to teach.
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Vala Metz
Jeniffer Ouellette
Working in The United States Attorney's Office was one of the best learning experiences of my life, and the Natural Resources Externship was similarly rewarding. Seeing natural resources laws in action put context to many of the lessons learned in the NREL program, and I received hands on experience prosecuting offenses on public lands, trafficking in both invasive and endangered species, as well as addressing clean water violations, and constitutional challenges. I made my first appearances in court, and learned more than I thought possible. This past summer was well spent at my NREL externship!
During the summer of 2011, Jennifer Ouellette participated in an externship at the Idaho Attorney General’s Office in the Department of Environmental Quality. While there she gained experience and understanding of the workings of a governmental agency, as well as many areas of natural resources law. She is pictured with her supervising attorney and Deputy Attorney General, Darrell Early. Jennifer is a third year law student at the University of Idaho College of Law, and is focusing on an emphasis in Natural Resources and Environmental law. She is also admitted to the concurrent degree program- Waters of the West, where she will be working on a Master’s in Water Law Management and Policy.
Ross Phillips
Brian Sheldon
When I first spoke to my supervisor, Clive Strong, about my externship, he asked me what I would like to work on this summer. My answer was essentially, “water law.” My first assignment was to research a Snake River Basin Adjudication (SRBA) issue. That assignment led to a series of projects that lasted my whole externship. I also worked on some smaller public lands projects that were interesting, but as a law student hoping to practice water law, I am especially thankful that I was able to work on macro water law issues as Idaho’s SRBA era is winding down. The attorneys in our office have vast experience representing Idaho’s interests, and they helped me with my projects and taught me a lot about the practice of natural resources law. Mr. Strong was an excellent mentor. His patience and confidence in me allowed me to complete meaningful projects. In short, I got exactly what I wanted out of my externship and worked on water law this summer.
My externship at the Department of Water Resources gave me an excellent overview of the many facets of water resource management in Idaho. On the practical side, I gained an understanding of the scientific basis for water resource management and the legal significance that this science has. From a more theoretical standpoint, I learned about the policy decisions that shape the process of administering water rights on a statewide level. The regulatory mechanisms that allocate water rights were created to address these issues and many others—a fact which I appreciated while performing research on the multitude of sub-cases within the Snake River Basin Adjudication. I highly recommend an externship with the Department of Water Resources because it will not only teach you what water law is in a substantive sense, but also how it is practiced in Idaho on a daily basis.
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Faculty Barbara Cosens Barbara Cosens represents the College of Law in development of the UI interdisciplinary Waters of the West Program, which includes options for concurrent JD/MS and JD/Ph.D. degrees in water resources. She teaches water law, water policy, and law and science. Her research interests include: resilience and water governance; the intersection of law and science; Native American water rights; and transboundary dispute resolution. Her field area is the Columbia River Basin and she represents UI as a member of the Universities Consortium on Columbia River Governance. She received her LL.M. from Northwestern School of Law at Lewis and Clark College, in Natural Resource 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). During spring 2012 she will be on sabbatical at the University of New Mexico Utton Transboundary Resources Center.
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, publication pending 2012). Cosens, B. and J. Royster eds. THE FUTURE OF FEDERAL AND INDIAN RESERVED WATER RIGHTS: THE WINTERS CENTENNIAL (publication pending, University of New Mexico Press). Chapter: The Legacy of Winters v. United States and the Winters Doctrine, One Hundred Year Later Barbara Cosens, Fritz Fiedler, Jan Boll, Lorie Higgins, Gary Johnson, Brian Kennedy, Maureen Laflin, Eva Strand and Patrick Wilson, Interdisciplinary Methods in Water Resources: Communication Across Disciplines, 29 Issues in Integrative Studies xx-xx (2011) available at http:// www.units.muohio.edu/aisorg/pubs/issues/toclist.shtml (publication pending) Allyson Beall, Fritz Fiedler, Jan Boll and Barbara Cosens, Sustainable Water Resource Management and Participatory System Dynamics. Case Study: Developing the Palouse Basin Participatory Model, 3 SUSTAINABILITY 2011, 1-x manuscripts; doi:10.3390/su20x000x, available at http://www.mdpi.com/ journal/sustainability (2011) Transboundary River Governance in the Face of Uncertainty: Resilience Theory and the Columbia River Treaty, 30 UNIVERSITY OF UTAH JOURNAL OF LAND RESOURCES, AND ENVIRONMENTAL LAW229 (2010).
Angelique Townsend EagleWoman Angelique Townsend EagleWoman (Wambdi A. WasteWin) represents the College in the Native Law Program as well as serving as a member of the Natural Resources and Environmental Law cohort. She teaches native law, native natural resources law, and courses related to economic development on
tribal lands. 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). Professor EagleWoman has a forthcoming article on
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Townsend EagleWoman Cont. re-structuring the relationships between Tribal Nations and the United States. Several international frameworks are discussed as potential processes for a return to bilateralism in these governmental relationships.
Recent Scholarship 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).
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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). Tribal Nation Economics: Rebuilding Commercial Prosperity In Spite of U.S. Trade Restraints – Recommendations for Economic Revitalization in Indian Country, 44 TULSA L. REV. 383 (2008).
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).
Dale Goble 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, he worked in the Lands and Minerals Division. His research and scholarship focus natural resource law and policy, and has become increasingly multi-disciplinary over the past decade. In addition to the usual numerous articles, he is the co-author of Wildlife Law: A Primer (Island Press, 2009), Wildlife Law: Cases and Materials (Foundation Press, 2d ed. 2010), and Federal Wildlife Statutes: Texts and Contexts (Foundation Press, 2002). He is involved in an ongoing project examining the climate change mitigation in the Puget Sound with the Center for Progressive Reform.
Recent Scholarship Topics in Endangered Species (University of California Press, 2010) 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) Recovery, in ENDANGERED SPECIES ACT: LAW, POLICY, AND PERSPECTIVES 70-103 (Donald C. Baur & Wm. Robert Irvin eds., 2d. ed., American Bar Association Publishing, 2010) Conservation-Reliant Species and the Future of Conservation, 3 CONSERVATION LETTERS 91-97 (2010) [with J. Michael Scott, Aaron M. Haines, John A. Wiens, and Maile C. Neel] A Fish Tale: A Small Fish, the ESA, and Our Shared Future, 40 ENVIRONMENTAL LAW 339-362 (2010) The Endangered Species Act: What We Talk about When We Talk about Recovery, 49 NATURAL RESOURCES JOURNAL 144 (2009) Lacey Act, in 3 ENCYCLOPEDIA OF SUSTAINABILITY: THE LAW AND POLITICS OF SUSTAINABILITY 362-366 (Klaus Bosselmann, Daniel Fogel, & J.B. Ruhl eds., Berkshire Publishing, 2011)
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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 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.
Recent Scholarship Overcoming Neoliberal Hegemony in Community Development: Law, Planning, and Selected Lamarckism, 44 URB. LAW. __ (2012). Private Lands, Conflict, and Institutional Evolution in the PostPublic-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).
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 10 years doing full-time legal practice in Washington, D.C. He received his J.D. from Duke Law School, and an M.A. and B.A. from Johns Hopkins University. Rich Seamon is currently working on two book projects: a textbook on administrative law and a sourcebook on the U.S. Supreme Court. Rich is completing work on the manuscript of a new law school coursebook on administrative law, to be published by Carolina Academic Press in 2012. Rich is also at work on portions of a sourcebook on the U.S. Supreme Court, to be published by Aspen Publishers in 2013. Rich’s collaborators on the latter
project are Andrew Siegel (Seattle University Law School), Joseph Thai (University of Oklahoma Law School), and Kathryn Watts (University of Washington School of Law).
Recent Scholarship ADMINISTRATIVE LAW: EXAMPLES AND EXPLANATIONS (Aspen Law & Bus. 3d ed. 2009) (with William F. Funk) Domestic Surveillance for International Terrorists: Presidential Power and Fourth Amendment Limits, 35 HASTINGS CONSTITUTIONAL LAW QUARTERLY 449 (2008) Policy Formulation Versus Policy Implementation Under the Magnuson-Stevens Act: Insight From the North Pacific Crab Rationalization, 34 BOSTON COLLEGE ENVTL AFFAIRS L. REV. 239 (2007) (with S. Matulich, M. Roth, and R. Eppink).
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Anastasia Telesetsky 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 Scholarship “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 2012) Bilateral Negotiations to Co-Manage Shared Marine Fisheries for Purposes of Conservation and Restoration, in Sharing and Distributing Ocean Resources (Jin-Hyun Paik and Seokwoo Lee eds., 2011). Experimenting with International Collaborative Governance for Climate Change Mitigation by Private Actors: Scaling up Dutch CoRegulation, 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)