The Environmental Law and Policy Program continues its sponsorship of a series of public lectures for 2004-2005. In each instance, the visiting speakers are in residence at Boalt Hall from three to five days, and have allocated significant office time during their stay to meet with students on an individual basis. Past speakers have included Professor Jon Van Dyke of the University of Hawaii; Sheila Foster of Fordham University; and Judge Ioannis Dimitrakopoulos of the Supreme Court of Greece. Working in cooperation with the Environmental Law Society, a Boalt Hall student group, the Institute seeks to enrich the opportunities for students and others in the UC Berkeley community in the field of environmental law and policy.
Lecture on “Nuclear and Military Activities in the Oceans” Jon M. Van Dyke Professor of Law University of Hawai’i Law School
Tuesday, March 11, 2008
14 Boalt Hall, 12:45 pm
Jon Van Dyke has been Professor of Law at the William S. Richardson School of Law, University of Hawai’i, since 1976, where he teaches constitutional law, international law, international ocean law, and international human rights. Previously he taught at the Hastings College of the Law, University of California (1971-1976), and Catholic University Law School (1967-1969) in Washington, DC. He has served as Associate Dean at the University of Hawai’i’s Law School (1980-1982) and as Director of the University’s Spark M. Matsunaga Institute of Peace (1988-1990). He earned his J.D. degree at Harvard (1967) and his B.A. degree at Yale (1964), both cum laude, and was a law clerk for Roger L. Traynor, Chief Justice of the California Supreme Court (1969-70).
Professor Van Dyke has written or edited eight books and has authored many articles on constitutional law and international law topics, including Freedom for the Seas in the 21st Century: Ocean Governance and Environmental Harmony (co-edited, Island Press 1993), which received the Harold and Margaret Sprout Award from the International Studies Association for excellence in the field of international environmental policy. Professor Van Dyke has engaged in important litigation on constitutional rights in the state and federal courts of Hawai’i as well as the U.S. Court of Appeals for the Ninth Circuit, the Supreme Courts of the Federated States of Micronesia, the Marshall Islands, and Palau, and the Administrative Tribunal of the Asian Development Bank. He has served as a consultant for numerous local and national governments. He is a member of the editorial boards of Marine Policy and The International Journal of Marine and Coastal Law, and is on the advisory board of the Center for International Environmental Law and the Law of the Sea Institute. In 1987 he received the University of Hawai’i Presidential Citation for Excellence in Teaching; and in 1984, 1993, 1996, and 2002 he was selected as the “Outstanding Professor” at the Law School.
Lecture on “Moving Toward Stringency in Emissions Trading: The Problem of Slack Caps” Professor Lesley K. McAllister University of San Diego Law School
Tuesday, November 13, 2007, 12:45 pm
Goldberg Room, 297 Boalt Hall
Professor Lesley K. McAllister teaches and conducts research in the areas of environmental law, property law, and comparative and international law. She graduated with distinction from Stanford Law School and received a Ph.D. from the Energy and Resources Group at UC Berkeley, focused on environmental law and regulation. Before joining the San Diego faculty, Professor McAllister clerked for the Honorable Fern M. Smith of the Northern District of California and also worked for Earthjustice and the U.S. Environmental Protection Agency Office of Regional Counsel in San Francisco.
Professor McAllister’s book, “Making Law Matter: Environmental Protection and Legal Institutions in Brazil,” is forthcoming from Stanford University Press. Other recent publications include “Litigating Climate Change at the Coal Mine,” in Adjudicating Climate Change: Sub-National, National, and Supra-National Approaches (forthcoming); “Beyond Playing ‘Banker’: The Role of the Regulatory Agency in Emissions Trading,” Administrative Law Review; “Putting Persuasion Back in the Equation: Compliance in Cap and Trade Programs,” Pace Environmental Law Review; and “Judging GMOs: Judicial Application of the Precautionary Principle in Brazil,” Ecology Law Quarterly.
Lecture on "Emerging Energy Technologies Policy in the Gulf of Mexico: Offshore Wind and Ultra-Deepwater Drilling"
Professor Richard J. McLaughlin
Harte Research Institute for Gulf of Mexico Studies, Texas A&M University-Corpus Christi Thursday, February 8, 2007, 12:00 pm
Goldberg Room, 297 Boalt Hall
Richard J. McLaughlin is the Endowed Chair of Marine Policy and Law at the Harte Institute for Gulf of Mexico Studies at Texas A&M-Corpus Christi. Prior to joining the Harte Institute, he was Professor of Law and Ray and Louise Stewart Lecturer at the University of Mississippi School of Law. A graduate of Tulane University Law School and the University of Washington School of Law, he holds a doctorate degree in law from Boalt Hall School of Law, UC Berkeley. Professor McLaughlin served as Director of the Mississippi-Alabama Sea Grant Legal Program from 1987-1999 and has been actively involved in a variety of leadership positions in the marine policy field including National Chair of the Maritime Law Section of the Association of American Law Schools, Board Member of the Law of the Sea Institute, National Co-Chair of the Marine Affairs and Policy Association, and Board of Editors of the Territorial Sea Journal. A former Fulbright Scholar to Japan, he has published over fifty articles and monographs on ocean and coastal policy issues.
Professor McLaughlin will examine emerging energy technologies policy in the Gulf of Mexico. After a brief description of some of these technologies, he will look more specifically at the legal and policy-related issues associated with offshore wind production in Texas and ultra-deepwater oil and gas development along the U.S-Mexico maritime boundary as case studies.
Lecture on “The Global Crisis in Ocean Fishery Resources”
Dr. Kathryn Mengerink
Environmental Law Institute
Thursday, September 14, 2006, 12:45 pm
Faculty Lounge, 336 Boalt Hall
Kathryn Mengerink is the director of the new Ocean Law and Environment Project at the Environmental Law Institute in Washington, DC. She received her Ph.D. in Marine Biology from Scripps Institute of Oceanography at UC San Diego; and the J.D. from Boalt Hall School of Law, UC Berkeley (2005) with a Certificate of Specialization in Environmental Law. During law school, Dr. Mengerink was a research associate in the Law of the Sea Institute and principal researcher on a project studying IUU fishing in the Pacific Rim area. The focus of her graduate research at Scripps was on the molecular mechanisms of sea urchin fertilization.
This lecture is co-sponsored by Boalt Hall’s Environmental Law Society and the Institute for Legal Research.
Lecture on “Can the Common Law Protect the Global Commons? Professor Robert Percival
University of Maryland
Wednesday, March 22, 2006, 12:45 pm
School of Law Faculty Lounge, 336 North Addition
Frustrated by the U.S. government's failure to act to combat global warming and climate change, several states are seeking to use the federal common law of nuisance to require major electric utilities to reduce their emissions of greenhouse gases. Last year a federal district court dismissed their lawsuit on the novel ground that it raised a political question unsuited to judicial resolution. Yet early in the 20th century, the U.S. Supreme Court used federal common law to issue its own injunctions limiting emissions of air and water pollutants and requiring cities to build sewage treatment plants and garbage incinerators. Examining this history, Professor Percival explores why the Court has largely abandoned the federal common law of nuisance and the difficult issues raised by new efforts to employ it to protect the global commons.
Robert Percival is the Robert F. Stanton Professor of Law and Director of the Environmental Law Program at the University of Maryland School of Law. Prof. Percival joined the Maryland faculty in 1987 after serving as senior attorney for the Environmental Defense Fund. While in law school, he served as managing editor of the Stanford Law Review and was named the Nathan Abbott Scholar for graduating first in his class. Percival served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. Percival also served as a special assistant to the first U.S. Secretary of Education.
Percival is internationally recognized as a leading scholar in environmental law. He is principal author of the country’s most widely used casebook in environmental law, Environmental Regulation: Law, Science & Policy. He has written extensively on several topics, including environmental law, regulatory policy, federalism, presidential powers, and legal history. Professor Percival has taught as a visiting professor of law at Harvard Law School and Georgetown University Law Center. He served as a J. William Fulbright scholar at Comenius University Law School in Slovakia and has presented environmental workshops in several countries, including Japan, Russia, Mongolia, Iran, and Uganda. In 2002 Percival was the Natural Resource Law Institute Distinguished Visitor at Lewis & Clark College of Law and a visiting professor of law at the University of Chile where he helped establish South America’s first environmental law clinic.
Percival has served on the Board of Directors of the Environmental Law Institute and as co-chair of the steering committee of the D.C. Bar’s Section on Environmental, Energy and Natural Resources Law. He is the contributing editor for Environment and Natural Resources for the Federal Circuit Bar Journal. Percival has served as a special master for the U.S. District Court of Maryland and as a member of the state of Maryland’s Environmental Restoration and Development Task Force. He also coaches the School of Law's championship softball team.
This lecture is co-sponsored by Boalt Hall's Environmental Law Society and the Institute for Legal Research.
Conference on “Oceans in the Nuclear Age: Legacies and Risks”
February 10-11, 2006, 9:00 am-5:00 pm
140 Boalt Hall
The Law of the Sea Institute presents a conference to examine the legacies and future implications of the nuclear age for the oceans. In addressing this subject, sessions will deal with topics of broad importance globally, both as to the necessity of policy reconsideration and regarding solutions, and as to their centrality in research on ocean law. But within these topical areas, many subjects of vital concern have not received the systematic attention they deserve in the scholarly literature to date. Among the topics to be considered, in the broad context of ocean law development and policy needs, are:
Radioactive Wastes in the Oceans: Managing the Past and Considering the Future
Nuclear Activities and Radioactive Waste in the Arctic
The Legacy of Testing for the Oceans
Ocean Transport of Radioactive Fuel and Waste
Nuclear Weapons and Weapon Grade Material on the Oceans
This conference carries on the long tradition of international meetings and scholarly publications of the Law of the Sea Institute, dating back to the origins of the organization and continuing through to the transfer and reorganization of the Institute at UC Berkeley in 2002.
Lecture on "Conservation in Whole" Professor Eric Freyfogle University of Illinois
Friday, September 23, 2005 12:45 pm
School of Law Faculty Lounge, 336 North Addition
Professor Eric Freyfogle, an expert on the work of Aldo Leopold, is a legal scholar and conservationist who writes on environmental ethics. He will share ideas from his latest book entitled /Why Conservation Is Failing and How It Can Regain Ground/ (Yale University Press). Professor Freyfogle has lectured widely, including recent appearances in England, Brazil, and Korea. A native of central Illinois, he has long been active in local, state, and national conservation efforts. He currently serves as president of the Prairie Rivers Network, the Illinois affiliate of the National Wildlife Federation.
This lecture is co-sponsored by Boalt Hall's Environmental Law Society and the Institute for Legal Research.
Lecture on "Ocean Communities in Conflict: Heartbreaking Lessons from the Battle Over Marine Protected Areas in Hawaii" Professor Denise E. Antolini
University of Hawaii
Monday, April 4, 2005 12:45 pm
122 Boalt Hall
Hawaii has had the statutory authority to create and designate marine protected areas (MPAs) for over 40 years. However, the current process of designation is cumbersome and time-consuming. This has resulted in a system of MPAs that is not representative of key habitats and which varies greatly in the levels of protection. A participatory process was undertaken to gather input into the development of new legislation that would have allowed for the creation of island-wide networks of MPAs. The proposed legislation did not pass due to an overwhelming lack of support from key constituency groups and the agency that was mandated to carry out the functions outlined in the bill. The resulting lessons learned from this process were based on the realization that as much time needs to be spent on ensuring that the key affected communities better understand what is being proposed and that there is staff buy-in at the agency level, as well as achieving consensus on the core principles that were used to develop the legislation.
Professor Antolini is Associate Professor of Law and Co-Director, Environmental Law Program, at the University of Hawaii School of Law. She joined the Hawaii law faculty in 1996 to teach torts and environmental law after practicing public interest law with the Sierra Club Legal Defense Fund (SCLDF) from 1988-1996. Professor Antolini is a graduate of Boalt Hall School of Law and served as Editor-in-Chief of the Ecology Law Quarterly. After graduation, she clerked for two years for the Honorable Joyce Hens Green, US District Court for the District of Columbia. While at SCLDF, Professor Antolini litigated several major environmental cases involving coastal pollution, water rights, endangered species, environmental impact statements, and native Hawaiian rights. Since 1996, she has served as the faculty coach for the Environmental Moot Court Team, which won the national championship title in 1999 and the top brief award in 2003. Professor Antolini has served on two state legislative task forces, the Tort Law Study Group (1997-1999) and the PASH Study Group (1997-1998) (on traditional and customary Hawaiian rights), and recently conducted a study for the State of Hawaii on governance of marine protected areas. She is past Chair of the Natural Resources Section of the Hawai‘i State Bar Association and received the Hawaii Women Lawyers' 2002 award for Distinguished Community Service. In 2003-2004, Professor Antolini taught in Spring 2004 as the Fulbright Distinguished Chair in Environmental Studies at the Polytechnic Institute in Turin, Italy.
This lecture is co-sponsored by Boalt Hall's Environmental Law Society and the ILR.
Lecture on "The Making of Environmental Law" Professor Richard J. Lazarus
Georgetown University
Wednesday, November 17, 2004 12:30 pm
140 Boalt Hall
In this talk, as in his recent book analyzing the history of American environmental law, Professor Lazarus will consider how environmental law emerged, why it has since evolved in the way that it has, and what are the challenges presented as environmental law moves now into its "middle age." The telling of the story shows how the fashioning of pollution-control laws presents special challenges, both because of the nature of pollution itself and the known means of pollution control and because of our nation’s varied processes for lawmaking and the ways those processes relate to important cultural norms. Many of these challenges relate to the varied, complex, and uncertain spatial and temporal dimensions of pollution itself, factors which resist simple redress. Professor Lazarus considers also what lessons can be gleaned from the past three decades to meet those same challenges today and in the future.
Professor Lazarus teaches environmental law, natural resources law, federal hazardous waste regulation, and torts at Georgetown University. He previously worked for the U.S. Justice Department, in both the Environmental and Natural Resources Division and the Solicitor General's Office, where he was assistant to the Solicitor General. Professor Lazarus has represented the United States, state and local governments, and environmental groups in the U.S. Supreme Court in approximately 30 cases, many of which raised natural resource and environmental law issues. His legal scholarship is in the area of environmental and natural resources law. He has most recently published law review articles on the Fifth Amendment Just Compensation Clause, environmental justice, and environmental crime. Professor Lazarus serves on several national advisory boards, including the Environmental Defense Fund's Litigation Review Committee.
This lecture is co-sponsored by Boalt Hall's Environmental Law Society and the ILR.
For other Institute activities concerning environmental law, see ILR's Law of the Sea Institute website.
