We invite you to learn more about our exciting Environmental and Natural Resources Law and Policy Program at Stanford Law School.  We look forward to continuing our collaboration with all of you who share our interest in the crucial energy and environmental legal issues we face in our clinic, teaching, and scholarship.

Best,

Meg Caldwell, Dan Reicher, Deborah Sivas, Alicia Thesing, Buzz Thompson, Michael Wara, Leah Russin, Matt Armsby

October, 2011

Dan Reicher Helms New Steyer-Taylor Center for Energy Policy and Finance

Dan Reicher '83 heads the new Steyer-Taylor Center for Energy Policy and Finance , an interdisciplinary center to study and advance the development and deployment of clean energy technologies through innovative policy and finance.  Reicher has more than 25 years of experience in energy and environmental technology, policy, finance and law, including serving in the Clinton administration at the Department of Energy (DOE) as assistant secretary for energy efficiency and renewable energy.  He recently was a member of President Obama’s transition team, where he focused on the energy portions of the stimulus package and was an adviser to the Obama campaign on energy and climate issues.  Reicher comes to Stanford University from Google Inc., where he served since 2007 as director of climate change and energy initiatives.  The Steyer-Taylor Center for Energy Policy and Finance will be housed at both the law school and the business school, bringing together the best minds from both disciplines to advance the development, financing, management and regulation of clean energy technology.

Jeffrey Ball recently joined the Steyer-Taylor Center as scholar-in-residence. 

-- introducing a new course this Autumn 2011 called Clean Tech: Business Fundamentals and Public Policy that examines developments in the cleantech sector related to energy and carbon emissions.

-- co-sponsored post-Fukushima International Workshop on Nuclear Energy Saftety in Beijing, China in June 2011.

-- testified before the House Natural Resources Committee on “American Energy Initiative: Identifying Roadblocks to Wind and Solar Energy on Public Lands and Waters” in June 2011.  Find testimony here.

-- testified before the Senate Energy and Natural Resources Committee on legislation to create the Clean Energy Deployment Administration (CEDA) as contained in the American Clean Energy Leadership Act of 2009 in May 2011.  Find testimony and video here.

-- named Chairman of Board of Directors of ACORE (American Council on Renewable Energy) in April 2011.

-- hosted a public discussion called “Clean Energy: DC 2 VC,” with senior U.S. government energy and technology officials to inform entrepreneurs, investors and researchers about the Obama Administration’s policies, programs and initiatives to support clean energy innovation and entrepreneurship.  More information about this event in March 2011, including a  summary and video here.

-- testified before the U.S. House Energy and Commerce Subcommittee on Energy and Power in a hearing on “EPA’s Greenhouse Gas Regulations and Their Effect on American Jobs" in March 2011.  More information here.

-- delivered opening remarks  for panel titled, Natural Gas and Renewables: A Perfect Match or Misguided Concept?, at the Clean-Tech Investor Summit, in January 2011 in southern California.  More information here.

-- hosted U.S. Senator Jeff Bingham, the Chairman of the Senate Energy and Natural Resources Committee and a leading energy policymaker in the Senate, to discuss the critical step that follows government and venture capital investment in promising energy technologies, namely successfully deploying these technologies at commercial scale in clean energy projects.  More information here. 

Faculty Leaders: Buzz Thompson

Our faculty produced scholarship, congressional testimony and addressed conferences in recent months, on topics ranging from water conflicts, climate change and the Deepwater Horizon disaster in the Gulf of Mexico.

Buzz Thompson JD/MBA ’76 (BA ’72)

-- in May 2011, the U.S. Supreme Court decision in Montana v. Wyoming upheld a proposed ruling by the Special Master of the Court, our very own Buzz Thompson.  Thompson was appointed as Special Master in 2008.  Justice Clarence Thomas wrote for a 7-1 Court, with Justice Scalia in dissent alone, and Justice Elena Kagan taking no part. A full discussion on the SCOTUS blog here.  New York Times article on the case here.

-- led a Stanford University Sophomore College course, "The Colorado River: Water in the West, as Seen from a Raft in the Grand Canyon" in September 2011. 

-- published a new edited volume on, "The Endangered Species Act and Federalism: Effective Conservation through Greater State Commitment," that examines states' role in enforcing the U.S. Endangered Species Act. The book is an output from the uncommon dialogue and is edited by Co-Director Buzz Thompson and wildlife consultant Kaush Arha.

-- delivered a lecture on "The Food-Water Nexus" at the series, Connecting The Dots: The Food, Energy, Water and Climate Nexus in April 2011.  Find video here .  Buzz Thompson's talk is at the one hour and fifteen minute mark.

-- published the book, "Managing California’s Water: From Conflict to Reconciliation," in February 2011.  More information and a related article here.

-- authored article, "Beyond Connections: Pursuing Multidimensional Conjunctive Management," in the Idaho Law Review in 2011.   

-- delivered opening remarks at the Woods Institute Ocean Salon, Stanford University in November 2011.

-- delivered keynote address, "Imagining a New Sustainable Water Future for the West" to the 17th Annual Conference on Western Water Law held in Seattle, Washington, in 2010.

-- published "Integrated Regional Management:
Solving the Groundwater Challenge" in the Woods Institute Solution Briefs in October 2010.

-- published a short contribution to the new book on "Navigating Climate Change Policy: The Opportunities of Federalism" (2011).

-- shared the prize for Conservationist of the Year awarded by Trout Unlimited for the work of the Woods Institutes's "Water in the West" program.

-- joined the Board of the Sonoran Institute, and continues to serve as a California trustee of The Nature Conservancy, Chair of the Board of the Resources Legacy Fund and Resources Legacy Fund Foundation, and a member of the Board of the American Farmland Trust.

-- appointed to new committee made up of Stanford faculty members who will study the Searsville Dam and Reservoir over the next two years, bringing a multidisciplinary perspective in considering the needs of the university, the surrounding community and the environment.

-- reappointed Perry L. McCarty Co-Director of the Woods Institute for the Environment through June 30, 2014.

Faculty Leaders: Michael Wara

Michael Wara '06

-- discussed Chevrolet’s carbon reduction claims, namely questioning whether or not its advertised carbon offsetting program will have the potential to change consumer behavior.  The June 2011 Washington Post Video here.

-- delivered "Key Regulatory Challenges for Deep Penetration of Renewables" at the Grid Integration of Renewables Workshop in January 2011.

-- presented "Opportunities and Challenges for Cap-and-Trade in California" as part of the Energy Seminar series at Stanford University in January 2011.  Video here.

-- delivered "Smart regulation for the smart grid" at the January 2011 Woods Institute Environmental Forum.

-- featured in video on Clean Power with correspondent Daniel Goldstein in November 2010.

-- panelist at the "Getting carbon market governance right from day one," at the International Anti-Corruption Workshop in November 2010.

Faculty Leaders: Meg Caldwell

Meg Caldwell '85

-- finalizing soon-to-be published book, Coastal Law, Aspen Publishers, written with Josh Eagle. 

-- introduced new course at Stanford University, "Our Coastal Society: An Interdisciplinary Seminar on Ocean/Coastal Themes" that explores marine science and policy for the Pacific Coast.

-- published online guide to to "decision support tools" that promote efficient use of marine space and resources in June 2011.

-- delivered keynote address, "Taking Stock of Marine Spatial Planning Around the World," at the Centre for Maritime Research (MARE) conferenece, People and the Sea VI: Bridging Science and Policy for Sustainable Coasts and Seas, in Amsterdam, Netherlands, in July 2011.  

-- published report, Mitigating Local Causes of Ocean
Acidification with Existing Laws, in May 2011 edition of the journal Science, providing the first roadmap for local communities to combat ocean acidification by applying federal and state laws and policies – from the U.S. Clean Water Act to municipal zoning regulations.  More information here and here.

-- presented "Lessons from the design of a marine spatial planning framework for California" at the conference titled, Making Marine Science Matter at the International Marine Conservation Congress in Canada in May 2011.  More information here.

-- served on U.S. Ocean Acidification Task Force which released a summary of recommendations in April 2011. 

-- authored "Dynamic Property Rights: The Public Trust Doctrine and Takings in a Changing Climate" in Stanford Environmental Law Journal in March 2011.

-- published "New Metrics for Managing and Sustaining the Ocean's Bounty" in Marine Policy in March 2011. 

-- gave the keynote address at Enhancing the Future of the California Coast Conference as a part of the series entitled "Toward a Sustainable 21st Century" in Irvine, California in March 2011, along with Deborah Sivas.  More information here.

-- presented "An Ocean Policy Triple Play?  Flexible Governance, Certainty, and Ecosystem Protection" at the conference, Beyond Lines on Maps: Marine Spatial Planning for a Dynamic World, in February 2011 at the AAAS Annual meeting in Washington, D.C.

-- delivered lecture exploring current issues facing our oceans, highlighting issues related to the southern California coastal region at the Long Beach Aquarium of the Pacific in February 2011.

-- gave lecture at Stanford Parents' Weekend in February 2011 called, Oceans on Acid? Local Solutions to a Global Challenge.

-- presented "The Deepwater Horizon Disaster and the Future of Drilling in the Gulf of Mexico" discussing the impacts of the Gulf of Mexico oil spill and oil drilling regulatory reform, sponsored by Stanford's School of Earth Sciences.  The video from the November 2010 event here.  Meg's talk begins in the last video at the 25 minute mark.

-- delivered "To Plan or Not to Plan? A new era for Ocean Space" at the Woods Institute Ocean Salon, Stanford University in November 2011.

-- presented "Animal, Mineral, Regulator: The Gulf of Mexico and Our Oil Legacy" at the Energy Seminar series at Stanford University in November 2010, with Dr. Larry Crowder.

-- participated as panelist at "The BP Oil Spill: Environmental Justice Implications" held at Stanford Law School, October 2010.

Faculty Leaders: Deborah Sivas

Deborah Sivas '87

-- argued before the California Supreme Court on behalf of nonprofit Voices of the Wetlands that the industrial-scale power plant - next to the ecologically significant wetland Elkhorn Slough - kills fish and damages coastal habitat by sucking in huge amounts of ocean water in a controversial and widespread process called "once-through-cooling."  Sivas discusses the California Supreme court ruling here.

-- negotiated an agreement that requires EPA to issue a new permit regulating ballast water discharges from commercial vessels in settlement of lawsuits brought by a dozen conservation groups challenging the legality of EPA’s existing permit.  This settlement marks the culmination of over a decade of work by Clinic Director Sivas and the Stanford Environmental Law Clinic to better regulate ballast water at the national level. 

-- presented legal and regulatory perspective on Stormwater Management at Monterey Area Research Institutions' Network for Education, Interdisciplinary Problem-Solving Course, December 2010 at Hopkins Marine Station.

-- gave the keynote address at Enhancing the Future of the California Coast Conference as a part of the series entitled "Toward a Sustainable 21st Century" in Irvine, California in March 2011, with Meg Caldwell.  More information here.

-- authored review of book, "Should Trees Have Standing," in California Lawyer in November 2010.

-- filed new lawsuit, claiming that the Monterey County Water Resources Agency is illegally allowing polluted irrigation water to flow into the Salinas River and Elkhorn Slough.  More information here and here. 

-- participated as panelist at "The BP Oil Spill: Environmental Justice Implications" held at Stanford Law School, October 2010.

Courses, Including Three New Offerings

Although we are a small school (our total J.D. enrollment is 510, or about 170 per year), this academic year, we are offering 10 courses on energy and environmental law: natural resources law and policy workshop; environmental law and policy; energy law; cleantech: business fundamentals and public policy; climate and energy law seminar; land use law; water law and policy; animal law; and basic and advanced environmental law clinic.  Three of these courses are new: cleantech: business fundamentals and public policy ; energy law; and climate and energy law seminar .  In addition, we are offerering over 35 enrichment courses that are of particular relevance to environmental students.  See our Brief Guide for Academic Year 2011-2012.

Environmental Law Clinic Accomplishments

Over the course of the 2010-2011 academic year, the Environmental Law Clinic brought to a conclusion some very long-standing matters and embarked on several new ones, with students drafting complaints, motions, and appellate briefs, and presenting or helping to prepare for oral arguments before various state and federal courts.  Click here for a full description of the Clinic's activities.  The year's highlights follow.

Building on the prior work of clinic students before an administrative tribunal and then a state trial court, Collin Wedel ’11 (above) successfully defended the clinic’s earlier victory before a state appellate panel in the auspicious setting of the California Supreme Courtroom in San Francisco.  Following a cogent and persuasive oral argument by Collin, the appellate court affirmed the trial court’s decision, upholding the administrative dissolution of a rogue water district that had impeded the state’s efforts to purchase property from willing sellers in the coastal estuary formed by the three forks of the Smith River in Northern California – the only undammed coastal river system in the state.  The properties in question are effectively undevelopable for physical and legal reasons, and the state has been purchasing them for inclusion in an existing wildlife refuge.  The dissolution of the water district eliminates a major obstacle to the acquisition program.  Collin also led the clinic’s defense of a Ninth Circuit victory in our Eagle Mountain Landfill matter – a decade-old case involving federal approval for what would be the nation’s largest garbage dump adjacent to Joshua Tree National Park – drafting oppositions to both a petition for rehearing en banc and a later petition for certiorari to the U.S. Supreme Court.  Collin closed out the year, and his law school career, by drafting the lead argument in an amicus brief for the D.C. Circuit (filed jointly with the Columbia Law School environmental clinic) that supported the U.S. EPA’s “endangerment” finding for greenhouse gas pollutants – the first, necessary step in addressing these emissions under the Clean Air Act.

Several clinic students worked throughout the year to develop and prosecute a potentially ground-breaking agricultural water pollution case on behalf of Monterey Coastkeeper .  The client’s goal is to force agricultural polluters, who are exempt from regulation under the federal Clean Water Act, to begin cleaning up their discharge of pesticides, nutrients, and sediment into public waters, an activity that threatens both public health and the ecosystem.  The case focuses on the intensive farming activities in the Salinas Valley, where roughly half of all rural groundwater wells contain contaminants in excess of the drinking water standards and virtually all local surface waters exceed applicable state standards for toxics, nitrogen, sediment, or temperature.  After the case was filed, Corinne Johnson ’12 and Jonathan Leland ’12 drafted a brief in opposition to the water agency defendant’s 14-point demurrer (motion to dismiss) and presented oral argument in the trial court, which overruled the demurrer on all claims and allowed the case to proceed to trial.  In the spring quarter, Brigid and Corinne returned as advanced clinic students to successfully fend off defendant’s attempt to bifurcate the case and to launch our discovery effort, which is ongoing.

Clinic students also were busy this year with a case challenging the adequacy of the environmental review for a Marin County general plan amendment, specifically the analysis of impacts on the highly imperiled coho salmon.  Coho salmon are a unique “anadromous” species, meaning they are born in fresh water, swim out to the ocean to spend their lives, and three years later return to their native stream to spawn and die.  They are vulnerable to adverse impacts caused by human activity at each stage of this journey, and the federal wildlife agency responsible for their recovery has stated that coho salmon along the California coast are in an “extinction vortex.”  The coho run most likely to survive this vortex is the one that spawns in the San Geronimo Valley in Marin.  But creekside development causes sediment loading and water warming that can doom coho spawning, and recent years have seen a dramatic decline in returning adult fish.  Our client, the Salmon Protection and Watershed Network (SPAWN), which has long urged the County to impose more protective development standards in the stream zone, finally felt compelled to sue when the County failed to act.  During fall quarter, Khalial Withen ’12 drafted and argued an opposition to an intervention motion filed by a small group of local landowners, who made it clear that they intended to move for dismissal of the case.  Despite Khalial’s strong argument, the court granted the motion, allowing intervention so that the landowner’s theory of dismissal could be briefed.  In the spring, Tori Ballif ’12 helped draft our demurrer to the complaint in intervention and later took a break from her summer job at NRDC to successfully argue the matter before the trial judge.  The result was dismissal of the intervention complaint, which also mooted intervenors’ pending summary judgment motion, allowing us to proceed with the merits of our claims.

Stephanie Lake ’12 also argued before a trial court in our own attempt to intervene in a challenge by recreational fishing organizations to California’s recent adoption of marine protected areas along the coast.  Our clients, NRDC and the Ocean Conservancy, have been involved in the administrative process leading to these protected areas for several years and sought to intervene in support of the state.   Although the court was concerned about opening the floodgates to potential intervenors and, for this reason, ultimately denied our motion, Stephanie’s courtroom presentation was polished and cogent, especially in the face of some trying circumstances.  Stephanie remained poised and collected throughout and garnered a nice compliment from opposing counsel after the argument.  Earlier in the year, Stephanie was deeply involved in the drafting of an amicus brief on behalf of the U.S. EPA in a D.C. Circuit Court case that flowed out of the clinic’s ten-year effort to reduce the discharge of invasive species from cargo vessels.  That brief helped convince the court to reject a challenge to the first-ever EPA permit regulating these vessel discharges.   

Our spring quarter ended with an argument before the California Supreme Court in another long-standing case involving the adverse impacts of the cooling water system at the Moss Landing Power Plant on the Elkhorn Slough coastal estuary.  Holley Horrell ’12 invested countless hours helping prepare the clinic director for the argument and sitting second chair during the hearing.  This latest phase was the culmination of the client’s long effort to ensure that the cooling technology employed at the Moss Landing Power Plant is the “best technology available to minimize adverse environmental impact” as required by the federal Clean Water Act.  Our work in this arena continues, however, with the clinic’s administrative advocacy for a new state cooling water policy and our recent intervention to defend that policy in a case filed by private power plants.

All of our students contributed to the clinic’s successes by workshopping briefs and mooting fellow students for oral arguments and presentations.  The clinic’s work was overseen by Clinic Director and Luke W. Cole Professor of Environmental Law Deborah Sivas ‘87, Supervising Attorney Alicia Thesing ‘00, and Clinical Fellow Robb Kapla BA ‘99, MS ‘00.  As always, Lynda Johnston provided invaluable legal assistance.  Robb has now “graduated” from his teaching fellowship to join the Sierra Club as a Staff Attorney where we wish him well.  With his departure, we welcomed the return of Leah Russin, former Teaching Fellow, who now joins us as Staff Attorney.  Matt Armsby '08  has also joined the clinic.  He comes to us after completing a fellowship at the Center for Ocean Solutions where he focused on the law and policy of U.S. ocean governance. 

The Environmental Law Clinic provides an opportunity for students to work in the environmental advocacy arena on behalf of a wide variety of nonprofit organizations, from national groups like the Sierra Club, the Natural Resources Defense Council, and the Ocean Conservancy to such regional and local grassroots groups as the Center for Biological Diversity,  Monterey Coastkeeper, and Voices of the Wetlands.  Under Luke W. Cole Professor of Environmental Law Deborah Sivas '87, students engage in natural resource litigation, administrative practice, and policy work involving federal public lands, marine and coastal resources, biodiversity, water quality, and global climate change.

Clinic Welcomes Return of Leah Russin as Staff Attorney

Leah Russin recently joined Stanford Law School as a Staff Attorney in the Environmental Law Clinic.   Since her earlier tenure as a Clinical Teaching Fellow in the Environmental Law Clinic in 2007-2008, Leah served as the environmental counsel to U.S. Senator Dianne Feinstein (D-CA) and as a member of the Obama Administration at the Department of the Interior.  As Senator Feinstein’s advisor on environmental issues, she facilitated the implementation of the historic agreement and legislation to restore the San Joaquin River, sought to improve water supply to cities and farms as well as for environmental purposes, worked with federal agencies, local and state elected officials, and key stakeholders to address air quality impacts across California, furthered the protection of the polar bear and other threatened and endangered species, and was involved in many other natural resource issues considered by Congress in the 110th Congress.  At the Department of the Interior, she served as a Senior Counsel to the Director of the Bureau of Ocean Energy Management, Enforcement and Regulation, and helped facilitate the agency's renewable energy program, focusing on the development of wind farms in the Atlantic Ocean.  Leah clerked for U.S. District Court Judge Paul Barbadoro, and earned a J.D. from Duke University School of Law in 2002 and a B.A. from Smith College in 1997.

Matt Armsby Appointment at Stanford Law School

Matt Armsby '08 moves to Stanford Law School to work with the Environmental Law Clinic on impact litigation for wildlife and with the Environmental and Natural Resources Law and Policy Program on ocean governance and institution-building in California.  This appointment follows a three-year stint at the Center for Ocean Solutions where he focused on the law and policy of U.S. ocean governance.

Interdisciplinary Ties

Our program has a strong a focus on interdisciplinary teaching and scholarship. In this regard, we have ties to other world-class Stanford University research centers and programs, including: Steyer-Taylor Center for Energy Policy and Finance; Woods Institute for the Environment ; Center for Ocean Solutions; Freeman Spogli Institute for International Studies; Program on Energy & Sustainable Development; Program on Food Security and the Environment; Precourt Institute for Energy ; Global Climate & Energy Project; Precourt Energy Efficiency Center ; and TomKat Center for Sustainable Energy.

Joint Degrees

The Law School provides 20 Joint Degree programs, four of which are of particular interest to environmental students: Business (MBA, 4 years); Emmett Interdisciplinary Program in Environment and Resources (E-IPER) (MS, 3 years, PhD); International Policy Studies (MA, 4 years); and Public Policy (MPP, 4 years).  We currently have approximately 40 students seeking a joint degree.

Student Journals & Organizations

The Environmental and Natural Resources Law & Policy Program works closely with students in related student journals and organizations, including the Stanford Environmental Law Journal ; the Stanford Journal of Law, Science and Policy; the Stanford Journal of Animal Law & Policy; the Stanford Environmental Law Society; the Energy Society of Stanford Law School; and the Stanford Law School Student Animal Legal Defense Fund.

Recent Events

    * May 12, 2011 – Water in California: Policy Options
    * May 11, 2011 – Environmental Impact Litigation and the CA High Speed Rail Project
    * May 9, 2011 – Food, Trade and Foreign Policy
    * April 30, 2011: 9:00am-12:00pm – ELS volunteers work at an organic garden
    * April 28, 2011: 7:00pm-9:30pm – Screening of “Red Gold“
    * April 22, 2011: 4:00-6:00pm – Earth Day TGIF
    * April 2, 2011: Three ELS Board Members Attended Yale Law School’s New Directions in Environmental Law
    * March 29, 2011: 12:45pm-2:00pm – Fighting Mountaintop Removal Coal Mining with Larry Gibson
    * February 25, 2011 – Christiana Figueres, Executive Secretary of the UN Framework Convention on Climate Change
    * February 16, 2011: 4:00pm-5:00pm – Reception with Hilary Tompkins, Solicitor, U.S. Department of the Interior
    * February 15, 2011: 12:45pm-2:00pm – Conversation with CA Deputy Attorney General Tim Sullivan
    * February 3, 2011: 7:00pm – Screening of “Crude Justice“
    * November 11, 2010: 4:00pm – Screening of “Tar Creek“
    * October 22, 1020: Alumni Weekend Panel: Mixing Oil and Water: Policy Implications of the Deepwater Horizon Oil Spill                  *October 18, 2010: 12:45pm-2:00pm – The BP Oil Spill: Environmental Justice Implications
 

Upcoming Events, Including Natural Resources Law and Policy Workshop Schedule Autumn 2011

Energy Seminars, Mondays, 4:15-5:15, NVIDIA Auditorium, Jen-Hsun Huang Engineering Center | Free and Open to All

Natural Resources Law and Policy Workshop, Mondays, 4:15-6:15, Neukom Building N102, Stanford Law School.  Detailed information below.

September 26
Justin Pidot, University of Denver Law
The Conundrum of Environmental Standing:  Should Courts Have an Independent Duty to Investigate?

October 3
Alison Rieser, Dai Ho Chun Professor of Ocean Governance, University of Hawaii, Manoa (Professor Emerita, University of Maine School of Law)

'Too Good to Last, Too Precious to Eat': A History of the Green Turtle as an Endangered Species.

October 10
Linda Sheehan, Earth Law Center
Rights of the Waterway

October 17
Lesley McAllister, University of San Diego Law
Adaptive Mitigation in Energy Sector

October 24
Rob Verchick, Loyola University New Orleans Law
Facing Catastrophe: Environmental Action for a Post-Katrina World
 

October 31
Brigham Daniels, Brigham Young University Law
Regulatory Hostages

November 7
Greg Mandel, Temple University Law
Emerging Technology Governance

November 14
Deborah Sivas, Stanford Law
Abating Agricultural Water Pollution:  Can the Common Law Take Us Where Congress Feared to Tread?

November 21 – no class due to Thanksgiving break

November 28
Lincoln Davies, University of Utah Law
Energy Law