PIELC 2016 has been certified for all requested CLE credits, from all panels indicated with pending certification.
CLE Total: 11.25 Law and Legal and 2.00 Ethics CLE credits by the Oregon and Washington State Bars. Additionally, the Washington State bar has authorized 1.25 “Other” CLE credits for the Panel Entitled How to Fund Public Interest Law.
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Oregon and Washington Attorneys who submitted their 2016 CLE certification of attendance during the conference will have their attendance reported to their respective bar(s).
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Approved CLE Panels by Date and Time:
ALL LISTED PANELS have been CLE approved in Oregon and Washington.
Panel Names, in Chronological Order of Appearance at the Conference:
Thursday, March 3rd, 2016
Panel Session 1: 4:00 – 5:15 P.M.
- Pedal Power: Oregon Bicycle Law and Advocacy (Erb Memorial Union (EMU); Maple Room)
- Part bicycle law clinic and part bicycle advocacy workshop, this panel will host a conversation about your rights and responsibilities on a bike in Oregon and how advocates and attorneys build support for better road safety in the community and the legislature.
- Panelists: Charley Gee, Attorney, Swanson, Thomas, Coon & Newton; Carl Larson, Portland bike advocate; Alexis Biddle, University of Oregon School of Law, School of Architecture and Allied Arts, 2017
- Litigating to Rein in Wildlife Services‚ Wildlife Killing Activities (EMU; Oak Room)
- Wildlife Services is a controversial program within the USDA responsible for killing millions of native wild animals every year, including wolves, grizzly bears, otters, foxes, coyotes and birds, with almost no oversight or accountability. The program employs incredibly cruel tools to kill wildlife including aerial gunning, leg-hold traps, snares and poisons. Panelists will discuss legal efforts in Nevada, Oregon, Washington and at the Ninth Circuit to bring this rogue program into compliance with federal environmental laws.
- Panelists: Bethany Cotton, WildEarth Guardians, Wildlife Program Director; John Mellgren, WELC, Staff Attorney; Nick Cady, Cascadia Wildlands, Legal Director
Friday, March 4th, 2016
Panel Session 2: 8:30 – 9:45 A.M.
- The Clean Power Plan in Flux: The Current Status of State Implementation and Strategies for Moving Forward (LAW; Room 243)
- State implementation of the Clean Power Plan (CPP) was well under way across the country when the U.S. Supreme Court stayed the Plan last month. This panel addresses the implications of that decision and where and how CPP state implementation might progress in light of the now changed regulatory landscape.
- Panelists: Jessica Shipley, Senior Policy Analyst of Oregon Department of Energy; Angus Duncan, Founder and President of Bonneville Environmental Foundation and Chair of the Oregon Global Warming Commission Representative of Sierra Club’s Climate Litigation team; Dr. Inara Scott, Assistant Professor in Energy Policy, Oregon State University School of Business
- Clean Air Act Year in Review (Knight Law Center (LAW); Room 175)\
- Back by popular demand, the 2016 edition of the award-winning best seller. Proving that history is, in fact, prologue, we will once again review the biggest cases and rules implementing the Clean Air Act since the last edition of this panel. In addition to a thorough review of the most important cases of the year, the panel will also elicit Clean Air Act predictions of the future (Is NSR enforcement finally dead? Will the Clean Power Plan survive? Is Texas the worst venue for Clean Air Act litigation?)
- Panelists: David Bender, Attorney Bender Westerberg LLC; Paul Cort, Attorney, Earthjustice; Adrian Martinez, Attorney, Earthjustice
- Desperate Environmentalism (LAW; Room 141)
- Today’s greens are “corporate social responsibility consultants,” “industrial efficiency experts,” and “clean energy entrepreneurs.” If this is environmentalism at all, it is “desperate environmentalism,” characterized by appeasement, relying on utilitarian efficiencies, and private sector indulgences. It champions voluntary pledges, corporate tweaks, and commodification of nature. Desperate environmentalists angle for the least-bad of the worst options, rather than the robust and enforceable safeguards that once defined the movement. However, we can look to the past to create a better future.
- Panelist: Josh Galperin, Yale Law School, Clinical Director and Lecturer in Law, Environmental Protection
- Writing to Save the World (Straub Hall 145)
- This legal writing panel will dive into effective writing techniques for environmental advocacy. We will explain five of the most effective and persuasive writing techniques according to science and the collective experience of hundreds of writing professionals. The panel will also provide examples of how to use those techniques, including showing you how to better organize your writing for maximum persuasion, how to write clearly and concisely, how to write persuasively for your particular audience, and how and why you should use narrative (or storytelling) to make your writing more effective. The panel will even show a method for outlining effectively that is directed to those who hate outlining.
- Panelists: Miyoko Sakashita (Center for Biological Diversity) Professor Lance Long (Stetson University, College of Law); Professor Joan Rocklin (University of Oregon, School of Law)
- Organizing Strategies for Forest and Climate Defenders (Many Nations Longhouse)
- The global activist movement toward a fossil fuel free infrastructure is thriving. At the same time the conservation movement is losing ground, even though deforestation is the second largest cause of climate change and scarcity of clean water is becoming the greatest environmental justice concern on the planet. Focusing on National Forests in the Pacific Northwest and related management policy, panelists will explore the connections between forests, carbon, climate, and the opportunity for the two movements to find common ground in protecting carbon-dense temperate rainforests as an essential part of the climate solution.
- Panelists: Doug Heinke, Conservation and Restoration Coordinator, Oregon Wild; Brenna Bell, Staff Attorney, Bark; Lenny Dee, Founder, 350PDX; Kimberly Baker, Public Land Advocate, Environmental Protection Information Center
Panel Session 3: 10:05 – 11:20 A.M.
- The Case Against Pollution Trading: Case Studies of Failed Market-Based Approaches to Reducing Air and Water Pollution (LAW; Room 242)
- Faced with inadequate progress reducing climate change emissions and water pollution under federal anti-pollution laws, states are increasingly turning away from mandatory source-specific requirements and towards market-based pollution trading schemes. However, trading programs raise significant concerns regarding environmental justice impacts, effectiveness, transparency, accountability, and enforceability. This panel will discuss the implementation of several existing trading programs, as well as programs in development that threaten to undermine existing pollution controls and future progress.
- Panelists: Brent Newell, Legal Director, Center on Race, Poverty & the Environment; Guy Alsentzer, Executive Director, Upper Missouri Waterkeeper; Tarah Heinzen, Staff Attorney, Food & Water Watch
- Addressing the Local Impacts of Hydraulic Fracturing (LAW; Room 281)
- The well-documented rise of fracking has introduced social, economic, and environmental problems across different levels of government. The role of the federal and state governance is well documented. Less discussed is the role of local governments. In this panel we will explore the scope of federal and state laws and the gap they leave. We will describe fracking’s uniquely local impacts and provide detailed guidance on how local governments can act to fill this gap while avoiding state preemption.
- Panelists: Joshua Galperin, Clinical Lecturer, Yale Law School; Allison Sloto, Pace University School of Law; Grace Heusner, Yale Law School, 2016
- Let’s Have Fun with FOIA! Deadlines, Contempt, and Special Counsel Referrals (EMU; Maple Room)
- This panel will describe and demonstrate the power of the Freedom of Information Act in the context of ongoing litigation in Colorado, focusing on the recent case of Rocky Mountain Wild Inc. v. The Forest Service, filed in the United States District Court for the Court of Colorado.
- Panelists: Matt Sandler, Staff Attorney, Rocky Mountain Wild; Travis Stills, Executive Director, Attorney, Energy & Conservation Law; Alli Melton, Counsel, Energy & Conservation Law
- Suction Dredge Mining: Restraining Recreational River Mining (Straub Hall 145)
- Suction dredge mining in rivers and streams in the west uses machines to vacuum up gravel and sand in search of gold. Suction dredging pollutes waterways with sediment and historic mercury, hurts a range of fish and wildlife such as endangered salmon, and harms culturally sacred sites and recreational resources. This panel will provide a brief overview, and then discuss the current legislative and legal landscape of suction dredge mining on the West Coast.
- Panelists: Forrest English, Program Director, Rogue Riverkeeper; Jonathan Manton, Principal, Sawnee Services; Pete Frost, Attorney, WELC; Jonathan Evans, Environmental Health Legal Director, Center for Biological Diversity
- Washington CAFOs: Pollution, Politics, Permits and Prevarication (EMU; Oak Room)
- In 2015, citizens secured a groundbreaking legal decision in Washington state holding that manure is solid waste under the Resource Conservation and Recovery Act. The parties agreed to an unprecedented Consent Decree that dramatically changes manure management at CAFO facilities. This panel will discuss the Consent Decree and its ramifications for the dairy industry nationwide, as well as the political machinations of the dairy industry in response to the lawsuit and agency efforts to regulate discharges using state and federal water pollution control laws.
- Panelists: Charlie Tebbutt, Attorney, Law Offices of Charles M. Tebbutt; Dan Snyder, Attorney, Law Offices of Charles M. Tebbutt; Andrea Rodgers, Attorney, WELC
Panel Session 4: 2:20 – 3:35 P.M.
- Access to Public Records; Citizen Use of FOIA Laws (LAW; Room 184)
- A guide for citizens, attorneys, and organizations on how to use the federal Freedom of Information Act (FOIA) and state public records laws. The panel will address the framing of a records request, obtaining fee waivers, how agencies seek to circumvent disclosure (and ways to counter these efforts), how to appeal and litigate FOIA claims, and how to use these laws to change agency behavior. Sample FOIA requests and written materials will be made available.
- Panelists: Dave Bahr, Attorney, Bahr Law Offices, P.C.; Daniel Snyder, Attorney, Law Offices of Charles M. Tebbutt, P.C.
- Bad News Bears: The Premature & Irresponsible Push to Remove Protections from Yellowstone’s Grizzlies (LAW; Room 142)
- Thanks to 40 years of ESA protections, grizzly bears in the Yellowstone region are making a comeback. But the government stands ready to derail the immense progress this iconic species has made. This panel will discuss the devastating impacts a delisting rule might bring to Yellowstone’s infamous bears. Panelists will explain the numbers underlying the government’s false claim of victory, human/bear conflict situations at the root of record mortality rates, genetic/connectivity concerns, and the legal ramifications underlying a delisting rule.
- Panelists: Bonnie Rice, Sierra Club, Senior Campaign Representative Greater Yellowstone/N. Rockies; Andrea Santarsiere, Staff Attorney, Center for Biological Diversity; Kelly Nokes, Carnivore Campaign Lead, WildEarth Guardians
- How to Start and Run a Public Interest Law Practice (LAW; Room 241)
- Are you experiencing sleepless nights wrestling with how you will align your passion, ethics, and reason you went to law school with the current state of the job market? Worry no more! Just start your own law practice and/or nonprofit legal organization!! Come here how four women created their own jobs and are thriving! You can do it too!
- Panelists: Rebecca Smith, Dana Johnson, Lauren Regan, Melissa Wischerath
- Listing Species 101: An Endangered Species Act Petition Primer (LAW; Room 242)
- The Endangered Species Act is one of our nation’s strongest environmental laws, but it doesn’t protect species until they are formally listed as threatened or endangered. Anyone can petition the federal government to list a species; but how? Experts in petitioning will walk you through the process, from deciding whether your petition should go to the Fish and Wildlife Service or National Marine Fisheries Service, to submitting comments on positive findings, to what to do if your petition is rejected.
- Panelists: Taylor Jones, Endangered Species Advocate, WildEarth Guardians; Tara Zuardo, Wildlife Attorney, Animal Welfare Institute; Collette Adkins Giese, Amphibian and Reptile Senior Attorney, Center for Biological Diversity
- Whispering Pines vs. Wild Rides: Securing Quiet Space on our National Forests for Winter Wildlife (Straub Hall 145)
- More quiet winter wonderlands could be just around the bend. This panel will discuss the Forest Service’s obligations under the new subpart c portion of the Travel Management Rule, finalized in January 2015. We will discuss successful legal strategies for securing more quiet space on our National Forests based on recent wins in federal court. And we will identify likely future legal battles due to shortcomings of the subpart c rule and the Forest Service’s ongoing struggle to properly apply minimization criteria in the winter travel planning process.
- Panelists: Hilary Eisen, Recreation Planning Coordinator, Winter Wildlands Alliance; Marla Nelson, Rewilding Attorney, WildEarth Guardians; Laurie Rule, Senior Staff Attorney, Advocates for the West; Alison Flint, Counsel and Planning Specialist, The Wilderness Society
- Commenting to Preserve for Litigation, Machiavelli, and Game Theory: What’s the Best Way? (Global Scholars Hall 117)
- Have you ever thought: “why am I writing these detailed legal and scientific comments to this agency on their proposed action, if they are just going to read them and take the same action, but adjust their final decision to document such comments, making it much more difficult to successfully challenge in court?” If so, this panel is for you. Come discuss best practices and record building in anticipation of litigation.
- Panelists: Andrew Hawley Staff Attorney, Northwest Environmental Defense Center; Jamie Saul Assistant Clinical Professor, Earthrise Law Center, Lewis and Clark Law School; Sylvia Wu, Staff Attorney, Center for Food Safety Moderator: George Kimbrell, Senior Attorney, Center for Food Safety
- The Importance of Utility and Tax Laws for the Transition to Renewable Energy (Global Scholars Hall 130)
- Climate impacts are escalating, and greenhouse gas reduction has never been more urgent. We must be working just as hard to encourage renewable energy as we are working to keep fossil fuels in the ground. Laws governing electric utilities and incentives for renewable energy have a critical role to play. Many environmental attorneys and activists have already made the leap into the wonky world of utility regulation, but there is a need for even stronger advocacy across the country. This panel will discuss key provisions of PURPA and FERC regulations designed to encourage renewable energy, as well as current policy issues, such as state implementation, net metering, stranded investment, avoided cost, integration fees, tax credits, and portfolio standards.
- Panelists: Teresa Clemmer, Counsel, Bessenyey & Van Tuyn LLC; Professor Melissa Powers, Lewis and Clark Law School
Panel Session 5: 4:00 – 5:15 P.M
- Trapping, Trapping Standards, and Wildlife Well-being (or lack thereof) (LAW; Room 142)
- This presentation will explore domestic and international wildlife trapping mechanisms, standards, agreements, regulations, & statistics, the damage they inflict, the Best Management Practices (BMP) trap-testing program, trapping on national wildlife refuges, and associated litigation to challenge trapping both target and non-target species (including endangered and threatened species). It will also include background on trapping techniques and damage done to wildlife by traps set by the USDA-APHIS Wildlife Services program. Learn about why trap standards are a sham and what should be done to eliminate cruel traps.
- Panelists: Tara Zuardo, Wildlife Attorney, Animal Welfare Institute; Brooks Fahy, Director, Predator Defense; Jean Su, Staff Attorney, Center for Biological Diversity; Rachel L. B. Stevens, Staff Attorney and LLM Fellow, Environmental & Natural Resources Law Clinic and Vermont Law School
- Paying the Farmer Not to Pollute: Non-point Sources of Agricultural Pollution in Washington Waters (LAW; Room 241)
- This panel will present a White Paper on nonpoint sources of agricultural pollution in Puget Sound and the voluntary incentive programs used to mitigate the pollution problem. Panelists will describe the pollution problem, the legal structure in Washington used to prevent nonpoint sources of agricultural pollution, analyze the voluntary incentive programs implemented in Washington to pay farmers not to pollute, and make recommendations on what needs to be done to meaningfully address this massive pollution problem. Panelists will also present science-based Best Management Practices created in consultation with scientific experts.
- Panelists: Andrea Rodgers, WELC, Attorney; Sarah Matsumoto, Law Offices of Charles M. Tebbutt; Zyanya Breuer, University of Washington School of Law Student, Class of 2016; Jake Brooks, Attorney
- Is Your Case Limited to the Administrative Record? (LAW; Room 243)
- Is the Court’s review limited to an agency-developed administrative record when deciding claims under the Endangered Species Act, Administrative Procedure Act, and other statutes? This panel discusses the differences between citizen suit claims and claims under the APA, the current law on whether citizen suit claims are limited to an administrative record, when APA claims are not limited to the record, and exceptions that allow extra-record evidence in a record review case.
- Panelists: Brian Knutsen, Attorney, Kampmeier & Knutsen PLLC; Dave Becker, Attorney, Law Office of David H. Becker LLC; Stephanie Parent, Senior Attorney, Center for Biological Diversity
- Don’t UMINE It: Protecting Water and Arid Landscapes from Uranium Mining and Milling through Laws, Regulations and Reform (LAW; Room 281)
- This panel addresses the Atomic Safety Licensing Board’s decision in the Ogallala Sioux Tribe’s challenge to the Dewey- Burdock ISL uranium mine in the Black Hills. Panelists will explore the implications of the Colorado Dept. of Health and Environment cease and desist order for “ablation” uranium processing technology.
- Panelists: Jeff Parsons, Senior Attorney, Western Mining Action Project; Travis Stills; Executive Director and Attorney at Energy & Conservation Law; Anne Mariah Tapp, Director, Grand Canyon Trust’s Energy Program
- Endangered Species and Pesticides (EMU; Maple Room)
- Over 1 billion pounds of pesticides drench the US annually, and many of them pose grave threats to threatened and endangered species. Despite the clear mandate of the Endangered Species Act, the EPA has overwhelmingly failed to consider the impacts of pesticides on our nation’s most imperiled species. This panel will discuss those failures, their impacts in the real world, and how our current litigation may finally push EPA to comply with the law and protect bees, birds, fish, and maybe even humans from toxic pesticides.
- Panelists: George Kimbrell, Senior Attorney, Center for Food Safety; Lori Ann Burd, Staff Attorney, Env. Health Program Director, Center for Biological Diversity; Amy van Saun, Legal Fellow, Center for Food Safety; Dr. Nathan Donley, Scientist, Center for Biological Diversity
Saturday, March 5th, 2016
Panel Session 6: 9:00 – 10:15 A.M.
- Killing for Sport: Trophy Hunting v. Conservation (LAW; Room 110)
- After several well-publicized trophy hunts in 2015, including the killing of Cecil the lion by Dr. Walter Palmer and the killing of a rare black rhino by professional hunter Corey Knowlton, conservationists and governments world-wide are reassessing whether such hunting has any real conservation benefit to imperiled species. This panel will present the arguments for and against trophy hunting as a conservation tool and will discuss the legality of importing such trophies into the U.S. and other western countries.
- Panelists: Jeff Pierce, Litigation Fellow, Animal Legal Defense Fund; Dr. Craig Packer, Lion Research Center (University of Minnesota); Adam Roberts, CEO, Born Free USA; Michael Harris, Director, Friends of Animals’ Wildlife Law Program
- Fighting Aerial Spray and Water Quality Violations on State and Private Forestlands (LAW; Room 184)
- Experts discuss the legal obstacles, political challenges and strategies being employed to effect positive change in the management of Oregon’s state-owned public and private industrial forestlands. While industry says Oregon has the most-advanced laws in the nation, rural citizens are at serious risk from toxic drift, trout and salmon are on the brink and clear-cutting continues. Panelists will discuss recent court cases and Board of Forestry decisions, as well as legislative proposal and initiatives being advanced by local citizens and conservation groups to challenge the status quo and secure meaningful reform.
- Panelists: Lisa Arkin, Executive Director, Beyond Toxics; Jason Gonzales, Organizer, Oregon Wild; Mary Scurlock, Coordinator, Oregon Stream Protection Coalition; Ralph Bloemers, Staff Attorney, Crag Law Center
- Undermining the Federal Coal Program: Trends and Victories (LAW; Room 141)
- More than 40% of all coal produced in the nation is federal coal. When burned, this coal contributes to more than 10% of all U.S. greenhouse gas emissions, making the Federal Coal Program a root contributor to climate change in America. Yet federal agencies continue to balk at analyzing the climate impacts of their coal proposals. This panel presents recent efforts and successful strategies, including the Secretary of Interior’s recent order on the future of the Federal Coal Program, to force federal agencies to analyze the climate impacts of coal production and combustion
- Panelists: Samantha Ruscavage-Barz, Staff Attorney, WildEarth Guardians; Shiloh Hernandez, Staff Attorney, Western Environmental Law Center; Nathaniel Shoaff, Staff Attorney, Sierra Club; Ted Zukoski, Staff Attorney, Earthjustice
- Seeing the Forest (LAW; Room 241)
- This presentation and panel will use the new video documentary “Seeing the Forest” to discuss the restoration of Siuslaw National Forest after the spotted owl crisis. Themes will focus on how litigation shapes forest policy, restoration principles, citizen activism and collaboration, and naturalness as a forest policy goal.
- Panelists: Jim Furnish, Forest Service Deputy Chief (Ret); Author “Toward A Natural Forest”; Niel Lawrence, Senior Attorney, National Resource Defense Council; Gordon Grant, USDA Forest Service, Research Hydrologist
- Public Interest Litigation in China (Straub Hall; Room 245)
- This panel will provide an overview of the development of public interest litigation in China, and possibly other countries. For many years, environmental litigation in China consistent of seeking compensation for harm after the fact, but there was no legal avenue to prevent harm. In China recent Judicial Interpretations by the Supreme People’s Court have opened the door for NGOs to file “citizen suit” cases against polluters and unauthorized resource extraction. Dozens of new cases are pending.
- Panelists: Professor Jack Tuholske, Vermont Law School; Patti Goldman, Managing Attorney, Earthjustice
- Water Privatization: The New Push to Turn Water into Gold (Global Scholars Hall; Room 117)
- Drought conditions throughout the country, increasingly common in an era of climate change, have increased pressure on public water systems. Although this scarcity may sometimes contribute to innovation and efficiency, it is also fueling strong appetites for profit. Renewed efforts to privatize public resources with market “innovations” face growing criticism for weakening accountability and hampering efforts to provide clean, safe drinking water. Meanwhile, bottling operations dry up riparian ecosystems, shifts to permanent crops harden demand for unpredictable supplies, and residents of cities like Flint, Michigan receive contaminated water while public officials largely ignore them. This panel features lawyers and activists actively confronting water privatization, and working for democratic control over perhaps our most precious shared public trust resource.
- Panelists: Julia DeGraw, Senior Northwest Organizer, Food & Water Watch; Roger Moore, Partner, Rossmann and Moore, LLP; Lisa Belenky, Senior Attorney, Center for Biological Diversity; Adam Keats, Senior Attorney, Center for Food Safety
- The 2015 Climate Change Paris Agreement: Legal & Political Perspectives (Global Scholars Hall; Room 130)
- In the wake of the historic Paris Agreement on climate change of December 2015, this panel explains the legal history of the UNFCCC and subsequent treaties, the substantive and legal binding mechanisms of the Paris Agreement, the enforcement of the Paris Agreement under U.S. law, and the actions we can take as lawyers and citizens in the U.S. to compel our government to act on climate. Attorneys participating in the Paris conference will share their perspectives and U.S. groundwork.
- Panelists: Jean Su, Staff Attorney, Center for Biological Diversity; Clare Lakewood, Staff Attorney, Center for Biological Diversity; Rachel Stevens, Staff Attorney, Environmental & Natural Resources Law Clinic at Vermont Law School; Tarah Heinzen, Staff Attorney, Food & Water Watch
- Oregon’s Legacy of Land Use Protection: A Workshop for Practitioners And the Public (Global Scholars Hall; Room 131)
- Oregon’s land use protections are based on a system of state and local planning designed to preserve critical resources, while directing growth and ensuring citizen involvement. This panel will provide an overview of the history and framework of Oregon land use law; before walking participants through the land use process from the first local hearing to practice before the Oregon Land Use Board of Appeals and the Oregon Court of Appeals.
- Panelists: Zack P. Mittge, Senior Associate, Hutchinson Cox; Maura Fahey, Associate Attorney, Crag Law Center; William H. Sherlock, Shareholder, Hutchinson Cox
Panel Session 7: 10:35 – 11:50 A.M.
- Atmospheric Trust Litigation Update (LAW; Room 110)
- Since 2011, Our Children’s Trust has been working to elevate the voice of youth and secure the legal right to a healthy atmosphere and stable climate system. Youth have filed unprecedented constitutional and public trust legal actions against governments across the U.S. and abroad. Attorneys involved in the TRUST Campaign will give an update of the atmospheric trust legal actions, with an emphasis on Washington State, North Carolina, Pennsylvania, and Oregon.
- Moderator: Nate Bellinger, Attorney, Our Children’s Trust
- Panelists: Andrea Rodgers, Attorney, WELC; Ryke Longest, Director of the Environmental Law and Policy Clinic and a Clinical Professor of Law at the Duke University School of Law; Chris Winter, Co-Executive Director, Crag Law Center; Kenneth Kristl, Associate Professor of Law and Director of the Environmental and Natural Resources Law Clinic at Widener University Delaware Law School
- The Taking of One Species to Protect Another: Ethical and Legal Implications (LAW; Room 175)
- Historically, there have been limited circumstances of humans’ deliberate killing of animals to protect the environment. Removal of goats from San Clamente Island and Northern pike from Lake Davis come to mind. In recent years, the government has embarked on far larger culling programs. The intentional removal of thousands of barred owls and double crested cormorants will be the largest such measures to date. This panel will discuss the legal and ethical issues associated with this form of conservation.
- Moderator: Michael Harris, Legal Director, Friends of Animals
- Panelists: Daniel Rohlf, Professor of Law, Lewis & Clark Law School; Jennifer Best, Assistant Director, Friends of Animals’ Wildlife Law Program; Theo Summer, Animals Ethics, Advocate for Nonhuman Animals
- Fishing for Solutions: Moving toward Ecosystem-Based Fisheries Management (LAW; Room 184)
- The Magnuson-Stevens Fishery Conservation and Management Act (MSA) has set us on a path toward curbing overfishing and rebuilding depleted ocean fish populations in U.S. waters. However, the collateral damage from years of unsustainable fishing practices on habitat and wildlife, coupled with emerging threats related to global climate change, demand new measures to improve the health of our oceans. This panel will examine the history, management structure, important case law, and current efforts to incorporate ecosystem- based management under the MSA.
- Panelists: Tara Brock, Senior Associate, The Pew Charitable Trusts; Katie Bright, Staff Attorney, Ocean Conservancy; Andrea Treece, Staff Attorney, EarthJustice; Don Gourlie, Early Career Law and Policy Fellow, Center for Ocean Solutions
- Part 2: Making Email Encryption Work for Security and Confidentiality (LAW; Room 142)
- Lawyers and activists who do not encrypt their emails put themselves and others at risk of surveillance and cannot ensure their client communications remain confidential. Encryption is much easier to use than it once was–we will teach you easyto- use software to send and receive encrypted emails. Before the workshop, visit tinyurl.com/pielc-encrypt to download required software and bring a laptop (Mac/PC/Linux) with you for a hands on learning experience.CLE Credits.
- Panelists: Lauren Regan, CLDC Director/Attorney; Prof. Glencora Borradaile, Oregon State University; Michele Charrete Rising Tide
- Preventing the Feds from Mooting your Case: Exceptions to Mootness (LAW; Room 243)
- As a case progresses, an agency often takes actions that may appear to moot your case. Panelist will explain the rules for mootness and how you can survive a motion to dismiss, even if it appears that your case is moot, using the “voluntary cessation” and “capable of repetition” exceptions to mootness. Panelist will also explain the relationship between mootness, ripeness, and standing.
- Panelists: René Voss, Attorney, Natural Resources Law; Matt Kenna, Attorney, Public Interest Environmental Law and of Counsel, WELC; Scott L. Nelson, Attorney, Public Citizen Litigation
- Spills, Fracking and Polar Bears: Offshore Oil and Gas Drilling from the Atlantic to the Arctic (LAW; Room 282)
- The last year has been filled with a variety of news and legal developments related to offshore oil and gas — Shell pulling out of the Arctic; the Plains All American Pipeline rupturing near Santa Barbara causing the largest oil spill in California in decades; and the Obama Administration’s proposals to allow drilling and seismic exploration in the Atlantic. Panelists will discuss each of these issues as well as offshore fracking in the Pacific and the current state of offshore leases and drilling in the Arctic. Panelists will also explore legal tools that can be used to fight offshore drilling, including the Outer Continental Shelf Lands Act, Endangered Species Act and Marine Mammal Protection Act, and provide updates on recent cases regarding offshore oil and gas drilling.
- Panelist: Sierra Weaver, Senior Attorney, Southern Environmental Law Center; Maggie Hall, Staff Attorney, Environmental Defense Center; Kristen Monsell, Staff Attorney, CBD
- Endangered Species and Forest Management (Straub Hall; Room 145)
- Changes to the implementation of the Endangered Species Act and to the Northwest Forest Plan are affecting the recovery of the Northern Spotted Owl, Marbled Murrelet and Coho Salmon and restoration of the late-successional forests of the Pacific Northwest. The panel will explore recent policy changes and research on forest management practices and make recommendations for ESA implementation and changes to the Northwest Forest Plan.
- Panelists: Doug Heiken, Oregon Wild, Northern Spotted Owl; Nick Cady, Cascadia Wildlands, Red Tree Vole; Greg Haller, Pacific Rivers Council, Coho Salmon; Steve Holmer, American Bird Conservancy, Marbled Murrelet & Northwest Forest Plan
- Climate Change, Interstate Water Compacts, and the Death of Our Western Rivers (Straub Hall; Room 245)
- Our western rivers face intense challenges in the coming decade based on flow declines due to climate change and the continued enforcement of archaic interstate water compacts that allocate water between states based on unrealistic flow predictions of the past. The Rio Grande Basin is currently experiencing the effects of such climate-induced flow reductions and serves as an excellent case study demonstrating the looming threats to our western rivers. Panelists will discuss (through the lens of the Rio Grande Basin) how interstate compacts work and who benefits and who loses when compacts are enforced.
- Panelist: Jen Pelz,Wild Rivers Program Director, WildEarth Guardians; Samantha Ruscavage-Barz, Staff Attorney, WildEarth Guardians
- The Legacy of Fracking: Impacts, Strategy, and Activism in Frontline Communities and Statewide Campaigns (Global Scholars Hall; Room 130)
- Panelists will lead a discussion on the impacts of extreme extraction on public health and the environment, particularly in frontline communities. Panelist will discuss legal strategies, frontline communities at the forefront, successful organizing mechanisms, and statewide campaign strategy. Panelists will finish with ideas to wield creative legal tools and uplift frontline struggles across the US. The panel will end with a Q&A session.
- Panelists: Ash Lauth, California Anti-Fracking Campaigner, Center for Biological Diversity; Madeline Stano, Staff Attorney, Center for Race, Poverty, and the Environment; Maya Golden-Krasner, Staff Attorney, Center for Biological Diversity; Jessica Hendricks
- Honduras’ Abolishment of Human Rights and What the United States Can Do About It (Many Nations Longhouse)
- In mid-2014, the Honduran Congress adopted the Establishment of Zones for Employment and Economic Development Law, a new type of Special Economic Zoning that represents the classic conflict between the corporate model of exploitation of resources/labor and the protection of human rights and the environment. This panel will discuss the national context in which such a law was passed and the threats of violations of domestic and international human rights protections, specifically ILO 169 about Tribal or Indigenous groups. Because of the implications for trade and investment, the use of an environmental collaborative mechanism under CAFTA-DR is proposed.
- Panelists: Heather Wolford, Community and Labor Organizer; Mark Sullivan, Attorney at Law; Tyler Ingraham, Western New England University School of Law, JD Candidate, 2017; Laura Palmese, University of Oregon School of Law, LL.M Candidate
Panel Session 8: 2:20 – 3:35
- The Marijuana Business in Oregon: Environmental, Tax, and Regulatory Concerns (LAW; Room 110)
- The panel will discuss some of the major environmental concerns (water use, electricity use, pesticide use, packaging and transportation requirements, carbon dioxide emissions, etc.) surrounding the growing of recreational marijuana. Each state is different and our panel will focus on Oregon’s administrative and regulatory requirements, including any updates on any legislation during the 2016 session. We will discuss the Oregon fee and tax structures, the revenue generated, where the funds go, and federal income tax issues.
- Panelists: Cassie Peters, Attorney at Law, Marijuana Practice in Eugene OR; Nancy E. Shurtz, Professor at the University of Oregon School of Law; Jesse Sweet, Oregon Liquor Control Commission
- ESA Injunctions under Sections 4, 7 & 9 (LAW; Room 184)
- Attorneys John Meyer and Matt Kenna will discuss their recent case Cottonwood v. U.S. Forest Service, and Injunctive Relief for programmatic section 7 cases. Attorney Tanya Sanerib will discuss injunctions under Section 9 “take” cases of the ESA. Finally, attorney Chris Winter will discuss injunctive relief for section 4 listing cases. Each panelist will discuss their topics and allow questions and discussion through their presentations.
- Moderator: Matt Kenna, Attorney
- Panelists: John Meyer, Staff Attorney, WildEarth Guardians; Tanya Sanerib, Staff Attorney, Center for Biological Diversity; Chris Winter, Executive Director, Crag Law Center
- Landmark Climate Lawsuit: Youth vs. United States (LAW; Room 241)
- In 2015, 21 youth, along with climate scientist Dr. James Hansen, acting as guardian for future generations and his granddaughter, filed a landmark constitutional climate change lawsuit against the U.S. government. The lawsuit claims the U.S. government, by allowing and promoting the development and use of fossil fuels, has knowingly and deliberately caused dangerous climate change, thus violating plaintiffs’ constitutional due process and equal protection rights. A hearing in the case is scheduled for March 9th in Eugene’s federal court.
- Panelists: Julia Olson, Executive Director and Chief Legal Counsel, Our Children’s Trust; Philip Gregory, Attorney, Cotchett, Pitre & McCarthy, LLP; Daniel Galpern, Law Offices of Daniel M. Galpern; Jacob Lebel, youth plaintiff
- Paradise Illegally Leased: BLM Authority to Cancel Leases and Three Compelling Campaigns Driving that Outcome. (LAW; Room 242)
- The Rocky Mountain Front, Thompson Divide, and the Wyoming Range are iconic western landscapes, and some of the last best places. These cherished public lands are also burdened with a legacy of irresponsible and illegal oil and gas leasing by the Bureau of Land Management. This panel will explore the legal deficiencies plaguing existing oil and gas leases in these special places, the BLM’s authority to cancel those leases, and the campaigns pushing the agency to do exactly that.
- Panelists: Peter Hart, Staff Attorney, Wilderness Workshop; Michael Freeman, Staff Attorney, Earthjustice; Peter Aengst, Senior Regional Director (Northern Rockies),The Wilderness Society; Lisa McGee, Program Director, Wyoming Outdoor Council
- Legal Trends and Non-traditional Engagement on Western Forest Service Land (LAW; Room 281)
- This panel will explore already approved and proposed timber sale and salvage projects in Colorado and Oregon as case-studies for identifying and discussing trends and the legal issues that have come into play. In addition to litigation trends, the panel will also explore how collaboration has and can be used to successfully achieve conservation goals of NEPA compliant process and decisions that also protect wildlife and old-growth forests.
- Panelist: Susan Jane Brown, Staff Attorney, WELC; John Melgren, Staff Attorney, WELC; Alli Melton, Red Lady Program Director for High Country Conservation Advocates
- Citizen Participation: How to Restore Public Trust in the National Contingency Plan (LAW; Room 282)
- EPA solicited public comments regarding the National Contingency Plan (NCP) in 2015. The resulting proposed rule did not address key deficiencies in the NCP, including: lack of response to risks related to unconventional oil & gas; lack of meaningful citizen participation in oil spill contingency planning; and lack of adequate public health and worker safety protections. The panelists will discuss research into legal remedies for these and other deficiencies as part of a larger interdisciplinary project during 2016-2018.
- Panelist: William Fitzgerald, Esq., Boston College, Lecturer in Law; Dr. Riki Ott, Director ALERT, a Project of Earth Island Institute
- In Pursuit of a Sustainable Future for our National Forests: Erasing the Road Footprint (Straub Hall; Room 145)
- Our National Forests boast the most extensive road network in the world, nine times larger than our Federal Highway System. Over the next few years the Forest Service must reduce that network to reflect funding levels and address the extensive adverse impacts on fish, wildlife, and wildlands. This panel will discuss the Forest Service’s legal duty to identify a Minimum Road System and how to get involved to ensure our forests move towards a fiscally responsible and ecologically sustainable future.
- Panelists: Marla Nelson, Rewilding Attorney, WildEarth Guardians; Josh Hicks, Assist. Dir. of the Nat’l Forest Action Center, The Wilderness Society; Greg Dyson, Public Lands Dir., WildEarth Guardians
- Incorporating Grassroots Organizing into a Strategy for Environmental Litigation: Four Cases from California (Global Scholars Hall 131)
- Climate and environmental justice advocates across California are succeeding with a “community engagement” strategy—litigation plus grassroots organizing—to reverse historically destructive patterns of transportation and land use planning. The result: courtroom victories and, long-term, increased community organizing capacity. Panelists highlight recent successful efforts to challenge California’s legacy of road construction and suburban sprawl, with the goals of reducing passenger vehicle greenhouse gas emissions and air pollution, protecting water supplies, preserving agricultural lands, and redirecting development toward existing communities.
- Panelists: Gary Lasky: Legal Chair, Sierra Club Tehipite Chapter and Juris Doctor Candidate, University of New Mexico School of Law; Amy Bricker, Partner, Shute, Mihaly & Weinberger, LLP; Ashley Werner, Attorney, Leadership Counsel for Justice and Accountability; Lynne Plambeck, President, Santa Clarita Organization for Planning and the Environment.
Panel Session 9: 3:55 – 5:10 P.M.
- Advocating for Communities During Environmental Disasters: From Flint, Michigan to Richmond, California (LAW; Room 184)
- From Flint, Michigan to Southeast Los Angeles, communities across the country are facing environmental hazards from man-made or natural disasters. This panel will focus on current legal and extralegal campaigns responding to communities in great environmental crises. Environmental justice advocates will share their work on behalf of residents fighting for access to clean air, land and water in the places they live, work, play and pray. Panelists will explore current environmental regulatory schemes, challenges to success, and policy solutions.
- Panelists: Roger Lin, Staff Attorney, Communities for a Better Environment; Ingrid Brostrom, Senior Attorney, Center on Race, Poverty & the Environment; Yana Garcia, Associate Attorney, Earthjustice; Madeline Stano, Staff Attorney, Center on Race, Poverty & the Environment
- Don’t Be “Captured” by the ESA: Applying ESA Protections to Captive Animals (LAW; Room 241)
- Following a decade of USDA APHIS documented violations, the Animal Legal Defense Fund, with local plaintiffs, sued a “roadside zoo” for gross violations of basic animal husbandry practices under the Endangered Species Act. One of the first cases of its kind to apply the ESA to protected species in captivity, this case went to trial for 4 days in October 2015. A decision is expected in February 2016. The panelists will discuss building and litigating this case.
- Panelists: Elisabeth (“Eli”) Holmes, Attorney, Blue River Law, P.C.; Jessica Blome, Senior Staff Attorney, Animal Legal Defense Fund; Jeff Pierce, Legal Fellow, Animal Legal Defense Fund
- 52 Years and Counting: Can Title VI of the Civil Rights Act be Effective in the Struggle to Achieve Environmental Justice (Straub Hall; Room 145)
- It can be difficult for traditional environmental regulatory actions and litigation to address issues of environmental justice affecting overburdened low-income communities of color. While some have declared Title VI of the Civil Rights Act a toothless tiger, recent Title VI settlements and efforts underway at EPA, DOJ, and other federal agencies provide hope that Title VI can be used to craft creative solutions to address longstanding racial and environmental injustice. The panel will discuss Title VI, recent settlements involving environmental justice issues, and reform efforts and activism to make Title VI more effective.
- Panelists: Kelly Haragan, Director Univ. of Texas School of Law Environmental Clinic; Erin Gaines, Texas RioGrande Legal Aid, Attorney, Equal Justice Works Fellow, Sponsored by the Ottinger Family Foundation; Alexis Strauss, Deputy Regional Administrator, Environmental Protection Agency Region 9; Marianne Engelman Lado, Senior Staff Attorney, Earthjustice
- The Lacey Act: Reviving a Historic Law to Deal with New Threats to Wildlife (Straub Hall; Room 245)
- Despite being over 100 years old and not widely known, the Lacey Act continues to be an important federal wildlife law for the United States that can continue to be utilized to respond to new wildlife threats. Panelists will specifically discuss the use of this law to prevent the threats of invasive species and disease and to facilitate implementation of foreign laws, as well as a current legal challenge to the Lacey Act’s control of interstate movement of wildlife.
- Panelists: Elise Pautler, Amphibian & Reptile Staff Attorney, Center for Biological Diversity; Collette Adkins, Senior Attorney, Center for Biological Diversity; Jenny Loda, Amphibian & Reptile Staff Attorney, Center for Biological Diversity; Nick Whipps, Legal Fellow, Center for Biological Diversity
- We need an Intervention for (Rule 24) Intervention: Fixing Intervention Standards to Give NGOs the Same Rights as Corporations (Global Scholars Hall; Room 132)
- Before the Ninth Circuit’s 2011 decision in Wilderness Society, industry’s ability to intervene in cases challenging government actions was limited. Now, industry seemingly can intervene at will. Are there any limitations left? At the same time, unlike industry defendant-intervenors, the caselaw has created a singularly high burden for nonprofits seeking to serve the same function. Can we even up the playing field? Discuss with practitioners, share experiences, and let’s figure out some solutions.
- Panelists: Tom Buchele, Clinical Professor, Lewis and Clark Law School; George Kimbrell, Senior Attorney, Center for Food Safety; Scott Jerger, Partner, Field Jerger LLP
Sunday, March 6th, 2016
Panel Session 10: 9:00 – 10:15 A.M.
- Ecosystem-scale Habitat Protections: Tools Under the Endangered Species Act (LAW; Room 241)
- While Endangered Species Act practice often considers impacts on a single-species, property-by-property, project- by-project basis, their exist ESA tools that take a more comprehensive approach towards conserving candidate and listed species. This panel will discuss initiatives that proactively protect and manage imperiled species habitat at a range-wide and ecosystem scale.
- Panelists: Michael Martinez, Special Assistant, USDA Natural Resources Conservation Service; Jacqui Brown Miller, Attorney, Cascade Pacific Law PLLC
Ethics Panel for CLE Certification:
Sunday, March 6th, 2016 9:00 – 11:00 A.M.
- ETHICS WORKSHOP – This panel will present an overview of ethical issues faced by public interest attorneys through a discussion of current ethical rules in various states. The workshop will focus on a discussion of the shortcomings of the current ethics rules and discuss proposals for reforms that would clarify and strengthen lawyers’ obligations to protect the environment. This year’s workshop will include special features such as a discussion of panelist Professor Tom Lininger’s recent article, “Green Ethics for Lawyers,” which includes a discussion about recommendations for reform of the ABA Model Rules in order to create ethical duties for lawyers to protect the environment. William Carpenter, will discuss metadata and cloud storage concerns in an examination of how lawyers can afford to ethically forget about hidden data.
- Panelists: Professor Tom Lininger, Orlando John and Marian H. Hollis Professor, University of Oregon School of Law, Eugene; William C. Carpenter Jr., Attorney at Law, Eugene, Oregon