![]() ![]()
|
||||||||||||||||||||||||||||||||||||||||||||||||||||
|
. |
. |
..... |
Faculty
UNIVERSITY OF OREGON FACULTY UPDATES Submitted to the Rocky Mountain Mineral Law Foundation Energy & Mineral Law Foundation, Fall 2007 Articles, Books and Reports Adell Amos (Oregon) published "Hydropower Reform and the Impact of the Energy Policy Act of 2005 on the Klamath Basin: Renewed Optimism or Same Old Story?," 22(1) Journal of Environmental Law & Litigation 1 (2007). Amos is currently working on a study of Oregon water law entitled, "Freshwater Conservation: A Review of Oregon Water Law & Policy" for the Nature Conservancy. John Bonine (Oregon) published "William H. Rodgers, Jr., and Environmental Law: Never Give Up, Keep on Going," 82 Wash. L. Rev. 459 (2007), "Усунення бар"єрів та забезпечення стимулювання обстоювання екологічних законів громадянами,"("Removing Barriers and Providing Incentives for Citizen Enforcement of Environmental Laws"), Ekologiya Pravo Lyudina (Ecology People Law Journal), Issues 32-33, p. 229 (Lviv, Ukraine, 2007) (in Ukrainian), and "Ready or Not . . . ," Eugene Register-Guard, June 17, 2007 (concerning lack of local preparation for pandemic influenza). Bonine is also writing HUMAN RIGHTS AND THE ENVIRONMENT, co-authored with Kravchenko and Anton (Carolina Academic Press, forthcoming 2008), "Climate Change, Public Interest Law, and Citizen Suits," ___ Vt. J. Envt'l L ____ (forthcoming 2008), and, with Svitlana Kravchenko, a chapter for THE GLOBAL WARMING READER (Carolina Academic Press, forthcoming 2008). Richard Hildreth (Oregon) recently wrote "Ocean Zoning: Implications for Wave Energy Development (WED)," (October 11, 2007 "Ecological Effects of Wave Energy Development in the Pacific Northwest: A Scientific Workshop, Oregon Coast Aquarium, Newport, Oregon) and "Pathways to Marine Resources and Marine Protected Areas in Federal and State Managed Waters Off Oregon," (July 27, 2007 Oregon State Bar Coastal Law CLE, Newport, Oregon). Hildreth, with Joe Kalo (North Carolina), Donna Christie (Florida State) and Alison Rieser (Hawaii Geography/Economics), also published the Teacher's Manual for their casebook COASTAL AND OCEAN LAW (3rd ed. West 2007). Svitlana Kravchenko (Oregon) published "Using Human Rights Instruments for Biodiverstiy Conservation," in 15 Policy Matters 201 (July 2007) and "An Inconvenient Truth about Climate Change, Its Impact on Human Rights and Role of Lawyers in Solving the Problem, in Environment-People-Law," A Quarterly Legal Professional Publication, # 32-33, 2007 (in Ukrainian). Kravchenko is currently writing HUMAN RIGHTS AND THE ENVIRONMENT, co-authored with Bonine and Anton (Carolina Academic Press, forthcoming 2008), "Right to Carbon or Right to Life: Human Rights Approaches to Climate Change," ___ Vt. J. Envt'l L ____ (forthcoming 2008) and, co-authored with John Bonine, a chapter for THE GLOBAL WARMING READER (Carolina Academic Press, forthcoming 2008). Hari Osofsky's (Oregon) book, CLIMATE CHANGE AND PROPERTY RIGHTS: A CASEBOOK COMPLEMENT, co-authored with William C.G. Burns, will be published with Aspen Publishers in 2008 as part of the Law Across Borders Series. Osofsky also recently had several pieces accepted for publication: "The Geography of Justice Wormholes: Dilemmas from Property and Criminal Law," 53 Villanova L. Rev. __ (forthcoming 2008); "The Geography of Climate Change Litigation Part II: Narratives of Massachusetts v. EPA," 8 Chicago J. Int'l L. __ (forthcoming 2008) (selected for the AALS-ASIL 2007 Joint Conference on International Law, Works-in-Progress Session); "The Scale of Networks: Local Climate Change Coalitions," co-authored with Janet Koven Levit (Tulsa), 8 Chicago J. Int'l L. __ (forthcoming 2008) (Essay); and "Climate Change Legislation in Context," Northwestern U. L. Rev. Colloquy (forthcoming 2007). Judd F. Sneirson (Oregon) published "Doing Well by Doing Good: Leveraging Due Care for Better, More Socially Responsible Corporate Decisionmaking," 3 Corporate Governance Law Review 438 (2007) (arguing that corporate fiduciaries must consider the social and environmental consequences of their decisions and drawing on NEPA to create a model for socially responsible corporate decisionmaking). Mary Wood's (Oregon) article "Nature's Trust: Reclaiming an Environmental Discourse," which was originally published in 25 Virginia Env. L. J. 2 (2007) appears in POLLUTION: POLICIES AND PERSPECTIVES (Institute of Chartered Financial Analysts of India University Press (ICFAI Press), Hyderbad, India, Fall 2007). Wood has written "Government's Atmospheric Trust Responsibility," 22(2) Journal of Environmental Law and Litigation ___ (2007), and California Environmental Law Reporter (forthcoming, February 2008). Wood is also publishing "Nature's Trust as a Paradigm for Scientific Input in Policy Decisions," Abstract, Annual Conference of the American Geophysical Union, San Francisco, California (forthcoming December 2007) (with Alison Burchell, Ed Whitelaw, Bob Doppelt) and "A Framework of China-U.S. Partnership to Address Global Warming," 3 China Environmental and Resource Law Review, Ocean University (Renmin Press, forthcoming Spring 2008). Wood also contributed to The Presidential Climate Action Project, Chapter 9, "Natural Resources Stewardship" (2007). Wood completed Atmospheric Trust Obligation, a chapter in ADJUDICATING CLIMATE CHANGE: SUB-NATIONAL, NATIONAL, AND SUPRA-NATIONAL APPROACHES (William C.G. Burns & Hari M. Osofsky, eds.) (forthcoming 2007, Cambridge University Press). As part of her global warming outreach efforts, Wood published "Team Up to Tackle Climate Change," Oregon Daily Emerald (November 2, 2007), "Regaining Nature's Trust," ¡Viva! Mercy Magazine, Institute of the Sisters of Mercy of the Americas, Silver Spring, MD, (September/October Edition, 2007), "Nature's Mandate, Our Obligation," 33: 3 Down to Earth 9 (Montana Environmental Information Center, September 2007), "Discretion or Obligation," , Montague, Peter and Tim Montague, eds., (May 2007), and "Government and Climate Crisis: Discretion or Obligation?" Eugene Weekly online (May 4, 2007). Unique Litigation Speeches and Conferences Adell Amos (Oregon) presented "Integrating Science and Policy to Protect and Restore Groundwater Dependent Ecosystems," at Washington State University Conference's on Water in the Pacific Northwest: Moving Science Into Policy and Action, November 7-9, 2007. Amos also spoke at the University of Oregon School of Architecture's interdisciplinary conference on environmental design on "Water Distribution Rights and Profit," April, 2007. John Bonine (Oregon) participated in "Improving Access to Justice under the Aarhus Convention," Access to Justice Mini-Conference, Géneve, Switzerland, September 10, 2007, "Procedural Rights and the Environment," International and European Environmental Law, Centre d'Études et de Recherches Internationales (CÉRIUM), L'Université de Montréal, Canada, July 3, 2007, and "European, Canadian and American Environmental Law: a Comparison," International and European Environmental Law, Centre d'Études et de Recherches Internationales (CÉRIUM), L'Université de Montréal, Canada, July 3, 2007. Richard Hildreth (Oregon) gave a keynote presentation at the Conference on the Ecological Impacts of Wave Energy on "Ocean Zoning: Implications for Wave Energy Development (WED)," in Newport, Oregon (Oct. 11-12, 2007). On July 27, 2007, Hildreth spoke on federal marine protected areas law at the Oregon State Bar's Coastal Law CLE in Newport, Oregon. On October 19, 2007, Oregon's Journal of Environmental Law and Litigation hosted a symposium entitled "Combating Climate Change on the Regional Level: West Coast Policy and Litigation." Speakers included Randall Abate (Florida Coastal School of Law), Wil Burns (Santa Clara School of Law), David Hunter (Center for International Environmnetal Law), Svitlana Kravchenko (Oregon), E. Andrew Long (Louis D. Brandeis School of Law), Lesley McAllister (University of San Diego), Hari Osofsky (Oregon), Mary Wood (Oregon) and experts from state government and environmental groups. Papers from this event will appear in a future issue of the Journal of Environmental Law and Litigation. Svitlana Kravchenko (Oregon) trained 36 high-level judges (Supreme, Constitutional, and Supreme Administrative Courts) from 6 countries of Eastern Europe and Caucasus in Kyiv, Ukraine, June 4-5. Kravchenko also participated in three meetings of the Aarhus Compliance Committee as Vice-Chair of the Committee (Geneva, Switzerland, June 13-15, Sept. 26-28, and Nov. 28-30). On July 2, she gave a lecture on "Procedural Rights and the Environment," International and European Environmental Law, Centre d'Études et de Recherches Internationales (CÉRIUM), L'Université de Montréal, Canada, July 3, 2007. In October 2007, Kravchenko was a panelist on "Legal Elements of Approaches to Climate Change" at the Journal of Environmental Law and Litigation's Symposium on Combating Climate Change on the Regional Level: West Coast Policy and Litigation (Eugene, Oregon). She also participated in a Mini-Conference on Access to Justice at the United Nations' Palais des Nations in Geneva, Switzerland, on Sept. 11-12, 2007. Hari Osofsky (Oregon) was co-chair of International Law Weekend 2007, the annual meeting of the American Branch of the International Law Association; she also organized and moderated the plenary panel of the conference, "The Appropriate Role of International Law in Addressing Climate Change" and organized and participated in a roundtable on Interdisciplinary Approaches to International Law (New York, NY 2007). Osofsky also was a presenter at the Duke Environmental Law and Policy Forum Symposium, "A Charged Atmosphere: The Future of US Policy on Global Warming" (November 2007, Durham, North Carolina); the New York University's Environmental Law Society and Law Students for Human Rights Symposium, "A Climate for Justice: Equity Imperatives in the Legal Responses to Climate Change" (October 2007, New York, New York); the Journal of Environmental Law and Litigation's Symposium on "Combating Climate Change on the Regional Level: West Coast Policy and Litigation" (October 2007, Eugene, Oregon); LatCrit XII on the panel, "Appearances and Realities of Power Across Scales: Dilemmas of Categorization" (October 2007, Miami, Florida); the Law and Society Association Annual Meeting on the panels "Framing Regulatory Problems as Human Rights Issues" and "International and Comparative Law Approaches to Indigenous Peoples' Rights" (July 2007, Berlin, Germany); the American Association of Law Schools and American Society of International Law, Joint Meeting on International Law in a Work-in-Progress session (July 2007, Vancouver, BC); the University of Colorado Property Works in Progress Conference (June 2007, Boulder, Colorado); and The Third World and International Law Conference, Albany Law School (April 2007 Albany, New York). In addition, Osofsky recently gave two faculty colloquium presentations, one at Lewis & Clark Law School in Portland, Oregon and one at Indiana University School of Law in Bloomington, Indiana. Judd F. Sneirson (Oregon) presented his paper "Doing Well by Doing Good: Leveraging Due Care for Better, More Socially Responsible Corporate Decisionmaking," which argues that corporate fiduciaries must consider the social and environmental consequences of their decisions and draws on NEPA to create a model for socially responsible corporate decisionmaking, at the Canadian Law and Economics Association's Annual Meeting, University of Toronto Faculty of Law (September, 2007). Mary Wood (Oregon) gave a keynote address, "Government's Atmospheric Trust Responsibility," at the Journal of Environmental Law's Symposium on Climate Change, University of Oregon, Eugene, OR (October 19, 2007). On September 21, 2007, Wood gave the inaugural address, "EPA's Protection of Tribal Harvests: Braiding the Agency's Mission," for the Native Environmental Sovereignty Project's Annual Rennard Strickland Lecture Series (Many Nations Longhouse, University of Oregon, Eugene, Oregon). Wood gave a workshop address, "Trust Responsibility Doctrine," at Fundamentals of Indian and Tribal Sovereignty: Warm Springs Tribal Council and Committees, Many Nations Longhouse, University of Oregon, Eugene, OR (September 14, 2007). Over the summer, Wood gave three keynote addresses, "Courts as Guardians of the Global Trust," Keynote Address, Earth on Fire: A Series of Fireside Conversations on Global Warming, Many Nations Long House, University of Oregon, Eugene, OR (August 29, 2007), "Nature's Trust: A Legal, Economic, Political and Moral Frame for Global Warming," Keynote Address, Southwest Renewable Energy Conference, Boulder, CO (August 1, 2007), and "Nature's Trust and An Ecological Future," Keynote Address, Central Oregon LandWatch, Bend, OR (June 16, 2007). In June, 2007, Wood presented "Fiddling While Earth Burns: Your Government's Role in Global Warming," Teach-In with Peter Walker, Climate Change Course, Environmental Studies Department, University of Oregon, Eugene, OR (June 7, 2007). Legislation and Regulations Clinical Programs Greg Costello (Oregon), Adjunct Professor and Executive Director of the Western Environmental Law Center (WELC), and WELC Attorney Dan Galpern met with Professor Hari Osofsky's (Oregon) class on climate change litigation to discuss legal issues involved in bringing claims aimed at arresting global warming pollution. The law students in Professor Osofsky's class prepared memoranda advising WELC on strategies for potential litigation. Also on the global warming front, clinic students helped develop comments that WELC submitted to the EPA on behalf of 16 environmental organizations supporting California's request for a waiver to enable that state and others, including Oregon, to enforce their GHG emission regulations for passenger vehicles and light duty trucks. WELC clinic students helped develop a motion to intervene on behalf of California in a case challenging the unreasonable delay by the EPA in granting the waiver request and a petition to EPA to regulate GHG emissions from non-road vehicles. Other law clinic interns helped researched state and federal law and investigated state legislative history which aided WELC in testifying before the State Environmental Quality Commission, and in developing legal theories for use in an action that may be brought to protect downwind communities from dangerous smoke inhalation stemming from the practice of grass seed burning. Unique Courses John Bonine (Oregon) taught the first Masters in Environmental Law seminar which featured interdisciplinary analysis of environmental problems, including climate change, throughout the region. In one field trip, students observed the devastating impacts to tribal, fishing and farming interests that water shortages present. Students spent two days in the Klamath region discussing present and future water issues. Visit http://www.law.uoregon.edu/org/llm/trips.html. Hari Osofsky (Oregon) taught Climate Change Litigation for the first time this fall. Students explored the range of litigation taking place in this emerging practice area. Mary Wood (Oregon) taught, for the first time this fall, Public Trust Law. Exploring an area that arises from common law, and that reaches into constitutional theory, comparative international law, remedies, judicial function, property rights, takings law, and preemption, the course explores an area of law which has allows judicial oversight of the legislative and executive branches' disposition of natural resources. Personal Notes Sabbaticals, Releases, and Leaves of Absence Other Items of Interest Adell Amos (Oregon) and Steve Bender (Oregon) are currently serving on the Oregon State Bar's Task Force on Law and Sustainability. A report is expected in Spring, 2008. John Bonine (Oregon) received the David Brower Lifetime Achievement Award at the 2007 Public Interest Environmental Law Conference in Eugene, Oregon. Richard Hildreth (Oregon) continues as Vice Chair of the Interior Department's Outer Continental Shelf Scientific Committee and as a member of its Subcommittee on Alternative and Renewable Energy (SCARE). The committee will next meet in May 2008 in Anchorage. He also continues to serve on the Scientific and Technical Advisory Committee to Oregon's statutory Ocean Policy Advisory Council which is considering a network of marine reserves off the Oregon coast. Svitlana Kravchenko (Oregon) was recently elected to the International Council of Environmental Law ("ICEL") as Regional Governor for Eastern Europe. The ICEL was established in 1969. It consists of 250 elected members. The University of Oregon, after a national search, recently selected Svitlana Kravchenko as the Director of the LL.M. Program in Environmental and Natural Resources Law. Kravchenko, who teaches International Environmental Law, Human Rights and Environment, and Global Environmental Challenges at Oregon, taught national and international environmental law for more than 25 years in Ukraine before coming to Oregon. In other news, Oregon's Environmental and Natural Resources Law Program has retained Heather Brinton as its Assistant Director. Brinton, a 1996 graduate of the law school, previously served as Program Manager for the Environmental and Natural Resources Law Program. |
..... |
|||||||||||||||||||||||||||||||||||||||||||||||
![]() | ||||||||||||||||||||||||||||||||||||||||||||||||||||