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http://law.scu.edu/faculty/profile/yang-tseming/

Punditry on Paris Agreement

Wow, I just watched tonight’s segment on PBS News Hour about Trump’s deliberations on the Paris Climate Agreement, featuring Michael Oppenheimer and Phil Kerpen (of the conservative group American Commitment).  I was rather surprised by the inaccuracies and distortions that came from Kerpen, ranging from his statement that the Paris Agreement “climate benefits are illusory” (of course not) to the falsity that the “agreement locks in … EPA regulations” such as the Clean Power Plan.  Kerpen seems to have missed the boat on the fact that the Paris Agreement’s emission reduction commitments are non-binding and so would not mandate any domestic EPA regulations.  Later on he also talks about how the agreement “imposes draconian cuts on the United States,” again false since the commitments are non-binding.   He really needs to get his facts and understanding of the Paris Agreement straight before he goes on a show like the PBS News Hour.   The non-binding nature of the emission reduction commitments was a central issue in the Paris negotiation, designed to help the U.S. but also strongly opposed by many other countries. Fortunately, Kerpen at least got it right that natural gas substitution for other fossil fuels has already helped drive down US emissions in recent years, meaning that some parts of the US emission reduction promises for Paris will be achieved regardless of any EPA regulations.

Whew – we can only wait with bated breath for Trump’s decision whether to pull out or stay in.

Student Scholarships for 2017 California State Bar Environmental Law Conference at Yosemite (Deadline: July 13, 2017)

Click to access 2017_scholarship-application-form.pdf

The annual Yosemite conference for the section is scheduled for October 19-22, 2017.

http://www.calbar.ca.gov/Attorneys/Sections/Environmental-Law/Education/Yosemite

*********

The Environmental Law Section of The State Bar of California is pleased to offer at least 25 tuition scholarships AND five (5) Michael H. Remy Scholarships which include tuition, transportation, and hotel accommodations, courtesy of Remy Moose Manley LLP.

Criteria:

Students, practitioners and other environmental law professionals are invited to apply. The Scholarship Committee will review all applications received by the deadline. Scholarships will be awarded based on the following considerations:

1. Financial Need

2. Environmental Law Interest (for Students)

3. Environmental Law Practice (for Practitioners and other Environmental Law professionals)

4. Environmental Law Section Membership & Support (for Practitioners and other Environmental Law professionals)

Applications:

To apply for a 2017 Scholarship, complete the Scholarship Application Form [see link at top], attach resume only, and return both by mail or email. Application and resume must be received by July 13, 2017. Note: we cannot confirm receipt of scholarship applications, and recommend that you include the “read receipt requested” option with an email filing.

Mail: Environmental Law Section Yosemite Scholarship The State Bar of California 180 Howard Street, San Francisco CA 94105

Email: enviroyosemite@calbar.ca.gov

Successful applicants will be notified by email after August 21, 2017.

For additional information please contact State Bar staff at (415) 538-2582.

In early August, the 2017 Environmental Law Conference at Yosemite brochure will be posted on the Section’s website: http://environmental.calbar.ca.gov.

Did you know that North Korea has a general environmental protection law?

220px-Flag_of_North_Korea.svgAs well as a full-blown environmental impact assessment law?  If you are not surprised, you should be.  After all, the “hermit kingdom” is not generally associated with the rule of law.  But it is true.  North Korea’s general environmental protection law dates to 1998 and its environmental impact assessment law to 2005.  Anyone dying to look this up can see it on the Kimchi Law Blog at https://kimchilaw.wordpress.com/north-korean-laws-2/ (scroll down to see item 45).  [Apparently, the author of the Kimchi Law Blog got his hands on a bound volume of North Korean laws and was kind enough to scan and upload it.]

For those unfamiliar with environmental impact assessment law, such laws generally create a duty for government agencies to study potential significant adverse environmental impact of a project proposal or other development activity before a license or some other government permission is granted.  The concept and legal duty is the bedrock of modern environmental law and was first created in the United States through the National Environmental Policy Act of 1969.  It was thus also the first of the modern environmental laws, both in the U.S. and across the world.  Since then, the EIA duty and processes have been widely adopted across the world to such an extent that they are now nearly universal.

Of course, these laws don’t mean a heck of a lot when they are not implemented or enforced.  And that varies immensely across countries.  One can only guess as to how effective environmental laws are in North Korea.  One indication is that the requirements contained in the law appear to be quite general and generic.

 

Taiwan’s Constitutional Court Rules in Favor of Same-sex Marriage

In a rather remarkable, progressive, and individually rights-minded decision, Taiwan’s Constitutional Court ruled that its Constitution guarantees the right of same-sex couples of get married and ordered the legislature to change its laws within the next couple of years.  Here’s a link to the Court’s official English-language press release, and general webpage which has a link to Chinese-language full opinion.  In the first footnote of the Chinese language opinion, the Court cites the 2015 US Supreme Court decision in Obergefell.

That makes Taiwan the first place in Asia to allow gay marriage and shows how different from mainland China it is now as a society, in terms of its values, commitment to individual rights, and the rule of law.   I’ll be in Taiwan in a few weeks to speak at a water pollution conference, and I’ll be really interested to see this plays out there.

Professor Patrice Simms joins Earthjustice as a Vice President for Litigation

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This happened a couple of weeks ago, but still a great development.  My good friend Patrice Simms, law professor at Howard University Law School, is joining Earthjustice as a Vice President for Litigation.  Earthjustice is fortunate to get him (though he was already a member of the Board of Trustees and so has stepped down from that role).

Here’s the link to the Earthjustice press release:  http://earthjustice.org/news/press/2017/leading-environmental-attorney-and-legal-scholar-joins-earthjustice

Hon. Leon Panetta Commencement Speech at 2017 Santa Clara Law Commencement

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Inspiring commencement speech by former Secretary of Defense and 1963 SCU Law graduate Leon Panetta at Santa Clara Law’s 2017 commencement exercises on Saturday.

https://www.scu.edu/news-and-events/press-releases/2017/may-2017/a-trumpet-call-to-defend-the-rule-of-law.html

Here’s an excerpt from linked article:

“The story of the last election was the story of lost trust, angry voters who felt that no one in Washington, no political party, was working to deal with the problems they were facing,” he said.

He said such divisions are surmountable, but “you cannot be a good leader or a good citizen if you do not respect our Constitution and the institutions responsible for enforcing the requirements of that sacred document.”

Panetta is the son of immigrants, and he told of how his parents traveled thousands of miles to give their children a better life. “We are a nation that builds bridges, not walls,” he said. “And most of all, we need to respect the truth.”

He told a story of when he was CIA director and met the families of seven CIA employees killed by a suicide bomber in Afghanistan in 2009. He said he gave each family a plaque with a biblical verse from Isaiah: “Whom shall I send? … Here I am Lord. Send me.”

“That, ladies and gentlemen,” said Panetta, “is the sound of the trumpet that must summon all of us to action.”

It was a great call to service for our graduates as they enter the profession and an inspiring message impressing on them that their chief duty is to justice and the rule of law .  Godspeed to all of them.

Checking out the fish (and fisheries management) at the Monterey Bay Aquarium

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The photo above:  Three weeks ago, after a great morning that the Monterey Bay Aquarium looking at fish and talking fisheries management with the students in my International Environmental Law course.  Super great appreciation and thanks to the Aquarium for providing complimentary admission for my class. The youngest there, on the far left, could have been a super-precocious Class of 2035 law student . . . but in reality was my research fellow Laura Davis’ daughter.  Unfortunately, none of the muslim women in my class felt comfortable joining the photo.

Environmental PhD program opportunity at Wuhan University, Wuhan, China

Came across this PhD program opportunity in my inbox.  Wuhan Law Schools has one of the top environmental law programs in China; however, location in China is of course an important factor to consider.

“The Research Institute of Environmental Law (RIEL) is the top research center in China for environmental law. Beginning this year, full scholarships will support students to enrol in the Institute’s English-language PhD Program. Scholarship information is attached. The current scholarship program will be continued into 2018, and beyond, with new One Belt, One Road Initiative funding. Suitably qualified persons from all countries of the world are encouraged to apply. Research is supported in all areas of environmental law, whether focused on China or not. In addition to an experienced and diversified faculty, RIEL is home to two English-language international journals: Climate Law, and the new Chinese Journal of Environmental Law (both published by Brill/Nijhoff). Expressions of interest in RIEL’s PhD Program should be sent in the first instance to Professor Alexander Zahar, Luojia Distinguished Professor, Research Institute of Environmental Law, Wuhan University, email: zahar.edu@gmail.com.”

Trump Executive Order seeking to undo Obama climate actions issued today

It’s a sweeping Executive Order that requires review of the Obama era Clean Power Plan regulations and then likely rescission of those rules, as well as rescinds federal government guidance documents providing for better accounting of the social cost of carbon pollution and climate change.  Pretty sad day not only for environment but everybody, though action was long anticipated.  Especially sad is President Trump’s hoax that coal mining jobs will come back because of this action.  Those jobs are never coming back.  The coal mining industry is in bad shape because of competition from cheap natural gas, not because environmental regulations.

Position: Earthjustice, Vice President of Litigation (Deadline: rolling, Washington, DC)

http://earthjustice.org/about/jobs/35192/vice-president-litigation

The Vice President for Litigation, Washington DC, is a member of the organization’s leadership team and oversees the direction and effectiveness of select strategic initiatives. As currently conceived, these initiatives include the following, and may include others as assigned:

  • Litigation and advocacy strategy on access to courts and regulatory reform
  • National litigation and advocacy on clean air.
  • National litigation and advocacy on toxic chemicals and pesticides.
  • Litigation and advocacy under Title VI.
  • Client and partnership development associated with these areas of responsibility.

The VP reports to the President of Earthjustice and collaborates closely with the other program VP colleagues, as well as managing attorneys, dedicated program staff, and members of the Senior Leadership Team (SLT) which includes the President, the litigation VPs, and department VPs (Communications, Policy & Legislation, Development, Operations, Diversity and Inclusion) to ensure that Earthjustice pursues the most important environmental goals and the most effective strategies.  In partnership with the other program VPs, this position integrates efforts across offices and departments, and requires collaboration with staff across all departments. The VP is well-grounded in the work of the organization both factually and legally, and seeks to maximize funding opportunities and efficiently manage the program. In practice, this means significant time and attention to fundraising and donor relations, client relations and networking, keeping current on external developments legally, politically, and environmentally, engaging with the Board including with frequent reporting, being an Earthjustice “ambassador” or media spokesperson as needed, and basic program and personnel management.

Each Litigation VP is also responsible for working with the other litigation VPs for maintaining litigation excellence and overseeing the litigation department as a whole, with substantial time devoted to both substantive legal practice and administrative needs.  Each litigation VP is routinely involved in resolving institutional issues as they arise, whether or not they relate directly to the VP’s program.  Finally, as a member of SLT, the VP is responsible for contributing to overall institutional direction and SLT-level decision-making.

ESSENTIAL DUTIES AND RESPONSIBILITIES

Strategic Direction and Vision for Select Initiatives and High-Quality, Effective Litigation

  • Provides strategic leadership to ensure the development and effective prosecution of far-reaching, high impact litigation.
  • Collaborates with managing attorneys and other relevant staff, to ensure that Earthjustice advocacy achieves strategic program goals.
  • In conjunction with managing attorneys, other relevant staff, and the organization’s program leadership team, ensures that associated communications and policy/legislative advocacy strategies are in place (managed internally or by clients or allies) to move toward achieving identified goals and outcomes.
  • Helps identify gaps, weaknesses, and lessons learned as the program grows and changes.
  • Oversees the direction and management of the Washington, DC, regional office to ensure effective, high-quality litigation and advocacy with the highest ethical standards.
  • Effectively manages and develops staff, creates a productive and rewarding work environment, and in collaboration with managing attorneys, effectively recruits and retains the highest quality legal staff.
  • Pursues opportunities to diversify program and staff with a focus on (a) fostering an inclusive work environment that is hospitable to, respectful of, and conducive to success of staff from all backgrounds; and, (b) identifying and pursuing opportunities to diversify our client base to include communities of color and/or economically disadvantaged communities that experience disproportionate environmental impact.

Integration, Coordination, and Intra-Organization Communication

  • Works closely and collaboratively with the other program VPs in leading the litigation program and ensuring a well-integrated litigation program for the entire organization; to achieve this goal, the VP must also be generally knowledgeable about the objectives and work of the entire litigation program.
  • Facilitates collaboration among regional offices and between litigation staff and Communications, Policy and Legislation, and Development staff on relevant program issues.
  • Works closely with the VPs of Policy and Legislation and Communications in aligning vision and prioritizing allocation of cross-departmental resources to advance program objectives.

Effective Member of Leadership Team

  • Reports to, supports and is an effective partner for the President.
  • Keeps organizational leadership informed about relevant program.
  • Maintains the trust and confidence of the President and colleagues.
  • Participates effectively in organizational decision-making, including priority-setting, planning and budget.

Board Relations, Education, and Inspiration

  • Participates in the board litigation approval process issues.
  • Provides updates to the board.
  • Inspires and earns the confidence of the board.
  • Educates and keeps the board apprised about developments of the program and our unique mission.

External Presence and Voice for Select Program Initiatives

  • Helps Earthjustice articulate its vision for the program and serves as a leading spokesperson for Earthjustice to the outside world (e.g., funders, supporters, media and policy makers), working with PAL and the Communications Advocacy team.
  • Ensures that he/she or other staff are recognized experts and visionaries in spheres that matter for our work.
  • May include participation in high level policy discussions at a national level.
  • Works with fundraising staff to identify and capitalize on funding opportunities; builds positive relationships with major donors and foundations via effective communications; provides program leadership for Development department.
  • Works with litigation staff and others to provides program information to the other departments so that they can be as effective as possible.
  • Identifies and capitalizes on media opportunities.
  • Engages in direct advocacy work on select issues.

Supervisory Responsibilities

Managing Attorneys of designated regional offices and dedicated program staff.

QUALIFICATIONS

  • JD degree.
  • Attorney with 12 or more years’ experience in environmental litigation and/or legal advocacy.
  • Experience with a diverse range of environmental issues; significant experience with federal policy issues.
  • Excellent litigation skills.
  • Experience leading, designing and participating in regional and/or national environmental campaigns.
  • Proven leadership skills.
  • Outstanding verbal and written communication skills.
  • Excellent people management skills; experience managing lawyers.
  • Demonstrated success in managing and working with teams.
  • Formal and informal advocacy skills.
  • Outstanding interpersonal skills.
  • Strong public speaking and presentation skills.
  • Excellent computer skills (e.g. Outlook, Word, Excel, PowerPoint, etc.)
  • 25% or more travel time.
  • Demonstrates an awareness and sensitivity to the needs and concerns of individuals from diverse cultures, backgrounds and orientations.
  • Contributes to recruiting, hiring, developing and retaining a diverse and inclusive workforce.

We offer a mission- and employee-focused work environment and a competitive compensation package, including excellent benefits.  Earthjustice is an equal opportunity employer and highly values diversity.

TO APPLY

Interested candidates should submit a resume and cover letter.

Applications will be reviewed on a rolling basis until the position is filled.

Please reach out to jobs@earthjustice.org if you are having technical difficulties submitting your application.  No phone calls, drop-ins, or hard copies.