Congratulations to Santa Clara Law Environmental Negotiation Team!

Santa Clara Law’s Student Negotiation Team took first place in the 9th Annual California Lawyer’s Association Environmental Law Negotiations Competition.   Yay! The team consisted of 2L Mikaela Burkhardt and 3L Yemi Akilo, with  HMCE Student Coach, Charles Huh 3L and Attorney Coach Jamie Ormond JD ’12 providing important support.

From left: Charles Huh 3L, Mikaela Burkhardt 2L, Yemi Akilo 3L, and Jamie Ormond JD '12

Fellowship Opportunity, Greenlining Institute

Here is an interesting fellowship opportunity shared with me by Kenneth Wang, a 3L at UC Davis Law School:

“The Greenlining Institute has two fellowship opportunities, either in energy policy or environmental equity for J.D. graduates.(http://greenlining.org/leadership-academy/programs/fellowship-program/).

Summer Study in Singapore: “Business and the Environment” (May 21 -June 8, 2018)

Santa Clara University Law School is offering a study-abroad program in Singapore this coming summer (May 21-June 8), focused on “Business and the Environment.”  The course offers a comprehensive overview of legal issues located at the intersection of business, the environment, and climate change.  Students will gain a global and regional perspective through the study of international and comparative environmental law, as well as a comparative study of legal systems and traditions of the various nations within Southeast Asia such as Singapore, Malaysia, Indonesia, and Vietnam. The course will also address business and tax issues that are associated with environmental issues. The faculty is drawn from U.S. and local law schools in Singapore and consists of internationally renowned experts in business and environmental law.

For additional info, please visit the program website: http://international.scu.edu/index.cfm?FuseAction=Programs.ViewProgram&Program_ID=10008.  Please share this info with any person who might be interested in this topic.

For questions, please contact Carly Koebel (program administrator) at ckoebel@scu.edu or Professor Tseming Yang (program director) at tyang@scu.edu.

Position: Attorney-Advisor, US EPA Office of General Counsel (Deadline: Feb. 12, 2018, Washington, DC)

https://www.usajobs.gov/GetJob/ViewDetails/489882900

The Office of General Counsel Water Law Office (WLO) is recruiting for the position listed below.  All interested applicants should click on the USAJOBS link below and follow the instructions under “How To Apply.”

Job Title:  Attorney-Adviser, GS-905-12

Job Announcement Number: EPA-OGC-2018-0004

Open Period:  Monday, January 29, 2018 to Monday, February 12, 2018

https://www.usajobs.gov/GetJob/ViewDetails/489882900

 

Prize: 2017-18 HENRY L. DIAMOND CONSTITUTIONAL ENVIRONMENTAL LAW WRITING COMPETITION (Deadline: April 9, 2018)

2017-18 HENRY L. DIAMOND
CONSTITUTIONAL ENVIRONMENTAL LAW WRITING COMPETITION
The U.S. Constitution has long been interpreted by judges and understood by most Americans to support comprehensive environmental protection. However, arguments questioning the constitutional legitimacy or application of environmental law continue to be made, while other parties have brought constitutional and common-law claims in support of preserving or expanding environmental protections. ELI invites law students to submit papers exploring current issues of constitutional environmental law. This annual writing competition is made possible through the generous support of Beveridge & Diamond PC, one of the nation’s premier environmental law firms.
THE HENRY L. DIAMOND CONSTITUTIONAL ENVIRONMENTAL LAW PRIZE: The author of the article deemed best by a panel of judges will receive $2000 cash, publication in ELI’s flagship publication, the Environmental Law Reporter, and a one-year individual membership to ELI.
TOPIC: Any topic addressing developments or trends in U.S. environmental law with a significant constitutional, “federalism,” or other cross-cutting component. (See sample topics below.)
ELIGIBILITY: Students currently enrolled in law school (in the U.S. or abroad) are eligible, including students who will graduate in 2018. Any relevant article, case comment, note, or essay may be submitted, including writing submitted for academic credit. Jointly authored pieces are eligible only if all authors are students and consent to submit. Previously published pieces, or pieces that are already slated for publication, are ineligible.
DEADLINE: Entries must be received no later than 11:59 pm ET on Monday, April 9, 2018. Please email entries (and any questions) to Lovinia Reynolds at reynolds@eli.org. You will receive a confirmation of receipt by email.
SUBMISSION REQUIREMENTS:
Cover page. This separate page must include the following information:
 Title;
 Author’s name, year in law school, and expected graduation date (to facilitate impartial judging, the author’s name and law school must NOT appear anywhere else in the entry, other than on this cover page);
 Law school name and address;
 Author’s permanent and school mailing addresses, email address, and phone number (IMPORTANT: indicate effective dates for any contact information that is subject to change);
 Abstract (limited to 100 words) describing the piece; and
 Certification that the article has not been published and is not slated for future publication (while authors may submit their articles to other publishers or competitions, acceptance for publication elsewhere will disqualify an entry from further consideration).
Format. Submissions may be of any length up to a maximum of 50 pages (including footnotes), in a double-spaced, 8.5 x 11-inch page format with 12-point font (10-point for footnotes, single-spaced). Citation style should conform to the Bluebook. Submissions must be made by email attachment in Microsoft Word format, with the cover page as a separate attachment.
CRITERIA & PUBLICATION: The prize will be awarded to the student work that, in the judgment of our reviewers, best advances the state of scholarship and informs the debate on a current topic of constitutional environmental law. ELI reserves the right to determine that no submission will receive the prize. While only one cash prize is available, ELI may decide to extend multiple offers of publication in the Environmental Law Reporter. To learn more about ELI, including the results of past writing competitions, please visit http://www.eli.org and http://www.eli.org/constitution-courts-and-legislation/diamond-constitutional-environmental-law-writing-competition.
SAMPLE TOPICS: Students may develop their own constitutional environmental law topic or submit a piece exploring one of the topics below:
1) Claims that actions of the Executive Branch or of Congress violate the principle of separation of powers. E.g., Public Citizen v. Trump, No. 1:17-cv-00253 (D.D.C. Feb. 8, 2017) (challenging “two-for-one” executive order); Ctr. for Biological Diversity v. Zinke, No. 3:17-cv-00091 (D. Alaska Apr. 20, 2017) (challenging invalidation of existing regulation under the Congressional Review Act); League of Conservation Voters v. Trump, No. 3:17-cv-101 (D. Alaska May 3, 2017) (challenging reversal of presidential withdrawals of coastal areas from oil and gas leasing); Defenders of Wildlife v. Duke, No. 3:17-cv-01873 (S.D. Cal. Sept. 14, 2017) (challenging waiver of environmental protections for border security facilities); NRDC v. Trump, No. 1:17-cv-02606 (D.D.C. Dec. 7, 2017) (challenging the shrinking of Bears Ears National Monument).
2) Role of the states under cooperative federalism, concerning issues like the EPA’s disapproval of state plans for controlling atmospheric haze, e.g., Texas v. EPA, 829 F.3d 405 (5th Cir. 2016), voluntarily remanded to agency, No. 16-60118, ECF No. 513923006 (Mar. 22, 2017), or the status of the Clean Air Act waivers that allow California to set vehicle emissions standards, e.g., 81 Fed. Reg. 78,149 (Nov. 7, 2016).
3) Claims that state efforts to pursue environmental goals violate the Dormant Commerce Clause, e.g., North Dakota v. Heydinger, 825 F.3d 912 (8th Cir. 2016) (Minnesota renewable energy standard); or are preempted by federal law, e.g., Ass’n Des Éleveurs De Canards Et D’oies Du Québec v. Harris, 729. F.3d 937 (9th Cir. 2017) (holding that California sales ban on liver from force-fed birds is not preempted by federal law).
4) Claims that laws governing agricultural or environmental monitoring violate the First Amendment, e.g., W. Watersheds Project v. Michael, No. 16-8083, 2017 WL 3908875 (10th Cir. Sept. 7, 2017) (data collection); Animal Legal Def. Fund v. Wasden, No. 15-35960 (9th Cir. Jan. 4, 2017) (ag-gag law); or that product-labeling requirements compel speech in violation of the First Amendment, compare CTIA-The Wireless Ass’n v. City of Berkeley, Cal., 854 F.3d 1105 (9th Cir. 2017) (cell phone health warning), with Am. Beverage Ass’n v. City & Cty. of San Francisco, No. 16-16072, 2017 WL 4126944 (9th Cir. Sept. 19, 2017) (soda labeling).
5) The implications for environmental or natural resource protection of Supreme Court cases applying the Takings Clause. E.g., Murr v. Wisconsin, 137 S. Ct. 1933 (2017).
6) Novel common-law or constitutional theories advanced to promote environmental protection, e.g., Juliana v. United States, 217 F. Supp. 3d 1224 (D. Or. 2016) (denying federal government’s motion to dismiss in case presenting climate-related constitutional and public trust claims), petition for mandamus filed, No. 17-71692 (9th Cir. June 9, 2017); Foster v. Washington Dept. of Ecology, No. 75374-6-I, 2017 WL 3868481 (Wash. App. Div. 1 Sept. 5, 2017) (reversing trial court order pertaining to greenhouse gas rulemaking).
7) Other cross-cutting issues, including, e.g., statutory claims that agencies are required to consider climate change impacts, compare WildEarth Guardians v. United States Bureau of Land Mgmt., No. 15-8109, 2017 WL 4079137 (10th Cir. Sept. 15, 2017) (holding analysis was inadequate), with Sierra Club v. U.S. Dep’t of Energy, No. 15-1489, 2017 WL 3480702 (D.C. Cir. Aug. 15, 2017) (upholding analysis); or claims that an agency improperly delayed the effective date of a regulation, e.g., Clean Air Council v. Pruitt, 862 F.3d 1 (D.C. Cir. 2017) (rule governing methane and other greenhouse gas emissions); American Lung Ass’n v. EPA, No. 17-1172 (D.C. Cir. Aug. 1, 2017) (ozone designations under Clean Air Act).

Position: Professor (tenure-track, in Environmental Law Program), University of Hawaii, Richardson School of Law (Deadline: Feb. 23, 2018, Honolulu, HI)

Title: Assistant, Associate or Full Professor (Law)

Position Number: 0085629

Hiring Unit: William S. Richardson School of Law

Location: University of Hawai`i at Manoa

Date Posted: January 22, 2018

Closing Date: February 23, 2018

Salary Information: Commensurate with qualifications and experience.

Monthly Type: 9 Month

Tenure Track: Tenure

Full Time/Part Time: Full Time

Temporary/Permanent: Permanent

Other Conditions: To begin academic year 2018-2019. Rank commensurate with experience.

Duties and Responsibilities

The successful candidate will be a full time member of the tenured or tenure track faculty in the Law School’s Environmental Law Program (ELP). The energy law focus of the position is on innovative renewable/clean energy, utility regulation, and sustainability and resiliency law and policy, including issues of particular importance to Hawai`i/Pacific/island communities such as energy from solar, ocean, wind, geothermal, and biofuels, and the intersection with climate change, renewable transportation, carbon budgets/markets, natural resources, indigenous rights, environmental justice, and human rights, at the local, regional, national, and international levels. His or her primary teaching, scholarship, and service responsibilities will center on the areas of energy, environmental, and administrative law. The successful candidate will oversee the Law School’s energy law curriculum and projects under the Environmental Law Program in an addition to assisting with other ELP program priorities.

Minimum Qualifications

A record of academic excellence, a Juris Doctor degree or equivalent, and manifest potential for excellence in teaching, scholarship, and professional service.

Desirable Qualifications

Demonstrated experience in energy law and policy in the government, non-profit, or private sector in Hawai`i/Pacific/island contexts.

Excellent interpersonal skills that allow the candidate to inspire and work effectively with diverse groups of students, staff, faculty, alumni, university units, government officials, and members of the bar.

Ability to work effectively in multi-cultural and multi-disciplinary contexts.

Hawai`i is a community of rich cultural diversity. We encourage applicants from minority groups, women, and others whose background or interest will contribute to diversity in the faculty. Applications from both experienced teachers and those new to teaching are welcome.

To Apply:

Submit cover letter indicating the position number for which you are applying, how you satisfy the minimum and desirable qualifications, full contact information (including e-mail addresses) of three professional references, resume, links to scholarship or writing samples, and transcripts to the following address. Copies of transcripts are acceptable, but original transcripts will be required at time of hire. E-mail applications preferred to: lssearch@hawaii.edu, William S. Richardson School of Law, Attention: Appointments Committee Chair Professor Nicholas Mirkay.

Address:

William S. Richardson School of Law

2515 Dole Street, Room 220

Honolulu, HI 96822

Inquiries: Nicholas Mirkay; 808-956-9435namirkay@hawaii.edu

The University of Hawaiʻi is an equal opportunity/affirmative action institution and is committed to a policy of nondiscrimination on the basis of race, sex, gender identity and expression, age, religion, color, national origin, ancestry, citizenship, disability, genetic information, marital status, breastfeeding, income assignment for child support, arrest and court record (except as permissible under State law), sexual orientation, domestic or sexual violence victim status, national guard absence, or status as a covered veteran.

Employment is contingent on satisfying employment eligibility verification requirements of the Immigration Reform and Control Act of 1986; reference checks of previous employers; and for certain positions, criminal history record checks.

In accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, annual campus crime statistics for the University of Hawaii may be viewed at: http://ope.ed.gov/security/, or a paper copy may be obtained upon request from the respective UH Campus Security or Administrative Services Office.