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Courtesy of the Emmett Center & Environmental Law Center Newsletter

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Spring 2017 Newsletter

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Dear Friends and Colleagues,

The past several months have been turbulent for environmental law and policy in the United States and in California. The Emmett Institute has provided expert analysis of changes to federal and state environmental law and policy as well as insight into the effects of these changes around the world.

On issues from California's new legislation on climate change mitigation and environmental justice, to the Trump Administration's executive orders on environment, energy, and natural resources, Emmett Institute faculty and fellows have been actively involved. We have provided cutting-edge research that influences policy discussions, responded to the surge in interest from media and the public for information to help understand the debates, and worked with students to develop experience they can use in the field in the coming years. Read below to learn more. 

Emmett Institute Spring 2017 Symposium:
On May 22, the Emmett Institute hosted its Spring Symposium. The theme for the day-long event was State Climate Policy in the Trump Era: California and Beyond, and more than 150 people attended. 
  
The symposium featured regulators, policy experts, and other stakeholders, including Alice Reynolds from the office of California's Gov. Brown and Mary Nichols, Chair of the California Air Resources Board. Other notable speakers included State Senator Henry Stern; Chris Davis (adviser to Gov. Inslee of Washington); Brendan Cummings (Center for Biological Diversity); Chelsea Tu (Public Advocates); Alex Jackson (Natural Resources Defense Council); and Edie Chang (Deputy Chair of CARB). UCLA faculty members moderated panels that addressed the implementation of California's new climate laws, the role of California and other states in resisting federal backsliding on climate law, and the future of environmental progress under Trump. Panelists also discussed state-level strategies, opportunities for multi-state coalitions, and other creative approaches to protecting and expanding state authority in the climate sphere.

This event was open to the public. To see the full program for the day, please click here, or see the summary of the discussions on the UCLA Law website. A webcast of the event is available as well. 

Emmett Institute Takes on Climate Engineering Governance Project:
The Institute is launching a $1 million project on climate engineering governance, funded by a generous grant from the Open Philanthropy Project with matching funding from Dan Emmett and family.  The project will be led by Ted Parson, the Dan and Rae Emmett Professor of Environmental Law and Co-Director of the Emmett Institute. Climate engineering involves physical interventions - such as reflecting sunlight or capturing carbon dioxide from the atmosphere - that seek to offset or dampen the effects of climate change. However, most technologies are experimental, and their effects are poorly understood.

The project will examine the risks and governance needs posed by small-scale climate engineering research. The project will also assess the possible interactions of climate engineering with other climate policies and the processes to ensure peaceful and prudent international responses to possible deployments of climate engineering technologies.                                                                                                                              

Recent Amicus Curiae Briefs:
In the past several months, Emmett Institute faculty have participated in ongoing litigation by submitting amicus curiae briefs before the D.C. Circuit and Ninth Circuit Courts of Appeals.

Sean Hecht and Shapiro Fellow Sarah Duffy filed a brief in the D.C. Circuit Court of Appeals on behalf of several technology innovation experts defending the EPA's New Source Performance Standards for carbon dioxide emissions from fossil fuel-fired power plants. EPA's rule required new coal-fired power plants to achieve emissions reductions based on the use of carbon capture and storage (CCS) technology. The brief supports the rule and the EPA's determination that CCS is the "best system of emissions reduction," including the agency's conclusion that the technology is adequately demonstrated. The experts, Nicholas Ashford of MIT, Ed Rubin and Granger Morgan of Carnegie Mellon, and Margaret Taylor of Stanford and the Berkeley National Laboratory, conduct research on the ways in which regulation affects the innovation and diffusion of new technology. While the case is fully briefed and ready for oral argument, the court has delayed the case in response to a request by the Trump Administration. The brief is available here.

In the second case, the Ninth Circuit Court of Appeals is reviewing the question of whether the State of Oregon's moratorium on the use of motorized equipment in instream mining in certain sensitive waters in the state is preempted by federal mining law. In October 2016, Sean Hecht and Emmett/Frankel Fellow Nick Bryner co-authored an amicus brief with Professor Eric Biber of UC Berkeley in support of the Oregon statute, on behalf of 14 western public land law professors.
The brief argues that state regulation of mining for the purpose of environmental protection is consistent with federal authority over mining activities on federal lands. California's Supreme Court upheld a state mining law in a similar case earlier last year; the outcome of the Oregon case may be relevant for the future of California's ban on suction dredge mining.The brief is available here. 

Recent Emmett Institute Events:
The Emmett Institute sponsored and hosted many events this year, including several that were developed by, or in collaboration with, students and student organizations.

The Emmett Institute co-sponsored the EARTH NOW: EARTH 2050 event with the UCLA Institute of Environment and Sustainability, which highlighted the latest advances in sustainability from all sectors, including policy, technology, and the arts. The Institute hosted a panel discussion on deep decarbonization prospects with Congressman Ted Lieu, David Roberts of Vox Media, Dr. Jim Williams (Director of the Deep Decarbonization Pathways Project), and the Emmett Institute's Ann Carlson and Ted Parson.

Last November, the Emmett Institute, along with the UCLA's Environmental Law Society and Native American Law Students Association, hosted a panel of speakers on the intersection between environmental law and the protection of tribal cultural resources. Sean Hecht moderated the discussion; panelists included Laura Miranda, Deputy General Counsel Pechanga Band of Luiseño Indians, William Wood of Southwestern Law School, Jason Weiner, General Counsel and Water Initiative Director of the Wishtoyo Foundation, and Geneva Thompson (UCLA Law '16), an Emmett Family Public Service Fellow at the Wishtoyo Foundation. The speakers addressed recent changes to the California Environmental Quality Act (CEQA) related to tribal participation and consideration of cultural resources and sacred sites in state environmental reviews.

Also in November, the Emmett Institute collaborated with UC Berkeley, UC Davis, and Stanford Law Schools and the Resources Legacy Fund to hold a one-day discussion titled California's Coastal Act: The Next 40 Years. Experts, practitioners, and stakeholders came together to explore the 40-year history of California coastal management and map the agenda for the next 40 years of implementation. Sean Hecht was on the symposium planning committee and chaired the panel on Rising Seas and Storms.

The Emmett Institute, together with the Los Angeles County Bar Association Environmental Law Section and the Environmental Law Society, welcomed three environmental lawyers to speak to students about different career paths in February. Michelle Black (UCLA Law '08) of Chatten-Brown & Carstens, Marisa Blackshire of BNSF Railway, and Adam Levitan (UCLA Law '11) of the California Attorney General's Office, Natural Resources Law Section spoke with students about their diverse experiences in the legal field. 

Youth activist Ashley Lazaro, Gladys Limón, Maya Golden-Krasner, and Sean Hecht discussing oil drilling in L.A
In March, the Emmett Institute, in collaboration with the Vietnamese-American Bar Association of Northern California (VABANC) and the Environmental Law Society, brought in a group of speakers on the issue of oil and gas drilling in the city of Los Angeles. Young plaintiffs from minority communities brought a lawsuit against the City alleging violations of civil rights and environmental laws in the approval of oil drilling applications. Maya Golden-Krasner (UCLA Law '01), Senior Attorney at the Center for Biological Diversity, spoke alongside youth leader Ashley Lazaro of the South Central Youth Leadership Coalition and Gladys Limón, a Staff Attorney at Communities for a Better Environment. Jaimini Parekh (UCLA Law '16), a VABANC Legal Fellow at Communities for a Better Environment, also spoke at the event.

In April, the Emmett Institute co-sponsored an event with the Environment Section of the California State Bar on The Future of Energy in 2030, exploring trends in energy law and policy in California and the nearby region. UCLA Law fellow Ethan Elkind organized a panel on how the Trump Administration may affect California's energy policies.


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UCLA Ranked #5 on U.S. News & World Report's Top Ten Environmental Law Programs List

This spring, U.S. News and World Report, the most visible ranker of graduate programs, ranked UCLA #5 among the best environmental law programs nationwide!  

We're grateful for the recognition, and look forward to continuing to demonstrate why UCLA belongs on any list of the top schools in the field of environmental law.


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Congratulations to Our Award-Wining Faculty and Students!

Faculty Honors, Appointments, and Grants:
Ted Parson received a grant from the Open Philanthropy Project for a three year project on the regulation and governance of climate engineering technologies. 

Timothy Malloy has received a grant from the Heller Foundation for a one-year study of "Governance on the Ground" related to permitting and regulation of hazardous pesticides in California. He also has a UCLA Grand Challenge grant on "Agent-Based Modeling of Solar Power Adoption by Los Angeles County Residents" in order to create a model to evaluate policies intended to drive adoption of residential photovoltaic systems.

Nick Bryner has been named a member of the IUCN World Commission on Environmental Law's Steering Committee.

Ethan Elkind has been appointed to the L.A. Metro, Office of Extraordinary Innovation, Advisory Committee.

Student Successes:

UCLA's Negotiation Team, from left: Crescent Cheng, Hallie Kutak, Danika Desai, and Ilan Isaacs.
UCLA Law students excelled in state and nationwide 
environmental law competitions this year. Coached by Cara Horowitz, two student teams participated in the California State Bar Environmental Law Section 2017 Student Negotiations Competition, held at Golden Gate University Law School in March. Crescent Cheng '18 and Ilan Isaacs '17 won second prize. Hallie Kutak '18 and Danika Desai '18 also competed well and fiercely (all four pictured below). They honed their negotiation and arbitration skills through simulated settlement discussions based on realistic environmental law fact patterns.
  
UCLA's Moot Court team, from left: Lani Maher, Shannon Clark, and Terra Laughton.
Our UCLA students were also strong competitors at the Jeffrey G. Miller Pace National Environmental Law Moot Court Competition in February. Dozens of teams from around the country competed in a multi-day appellate moot court, testing their skills in appellate brief writing and oral advocacy. This year's problem involved the Endangered Species Act and takings law. Sean Hecht selected and coached our team, made up of Shannon Clark, Terra Laughton, and Lani Maher, all '17. Thanks to their dedicated work and preparation, both Shannon and Terra won Best Oralist awards (given to one student in each argument round), and the team advanced to the national quarterfinals. 

Faculty Publications

Ann Carlson
California may have to fund climate modeling and renewable energy research (with Dan Farber), Sacramento Bee, Jan. 24, 2017

Ann Carlson continues her work with the American Academy of Arts and Sciences, which will culminate in the publication by Cambridge University Press entitled The Future of Long-Term Energy Policy: Lessons from the Clean Air Act, expected in early 2018. Carlson is co-editing the book in collaboration with Dallas Burtraw of Resources for the Future. 

Timothy Malloy
Policy Reforms to Update Chemical Safety Testing (with Andre Nel), 355
Science 1016 (2017)
 
Advancing Alternatives Analysis: The Role of Predictive Toxicology in Selecting Safer Chemical Products and Processes (with Virginia Zaunbrecher, et al), Integrated Envt'l Assessment & Mgmt. (2017)
 
Leveraging the New Predictive Toxicology Paradigm: Alternative Testing Strategies in Regulatory Decision-Making (with Elizabeth Beryt), Envt'l Sci. Nano. (2016)
 
Advancing Alternative Analysis: Integration of Decision Science (with Virginia Zaunbrecher, et al.) Envt'l Health Persp. (2016)

Ted Parson
Social Control of Technological Risks: the dilemma of knowledge and control, and ways to surmount it, 64 UCLA Law Review Discourse 464 (2016)

International Dialog on Governance of Climate Engineering: Why it's needed now, and how to start it.  Briefing Paper, Fixing Climate Governance Series, Centre for International Governance Innovation (forthcoming, 2017)

Carbon-cycle versus solar interventions: should they be treated differently in research and assessment?  Issues in Science and Technology, Summer 2017 (forthcoming)

Jim Salzman
United States Environmental Law (with B. Thompson), in J. Vinuales and E. Lees, eds., Oxford Handbook of Comparative Environmental Law (forthcoming) 

Beyond Zero-Sum Environmentalism (with JB Ruhl et al.), 47 Envtl. L. Rep. 10328 (2017) 

Regulating Business Innovation as Policy Disruption: From the Model T to Airbnb (with E. Biber, S. Light and JB Ruhl), Vanderbilt L.Rev.(forthcoming) 

The Production Function of the Regulatory State: How Much Do Agency Budgets Matter?(with J. Nash and JB Ruhl), __ Minnesota L.Rev. __ (forthcoming) 

Mineral Estate Conservation Easements: a New Policy Instrument to Address Hydraulic Fracturing and Resource Extraction (with R. Jackson & J. Owley), 47 Envtl. L. Rep. 10112 (2017) 

Alex L. Wang 
Explaining Environmental Information Disclosure in China, 44 Ecol. L.Q. ___ (forthcoming).

Jonathan Zasloff
The Price of Equality: Fair Housing, Land Use, and Disparate Impact, 48 Colum. Hum. Rts. L. Rev. 98 (2017).

Sean Hecht & Nick Bryner
Presidents Lack the Authority to Abolish or Diminish National Monuments (with Mark Squillace & Eric Biber), 103 Va. L. Rev. Online 55 (2017)

National Monuments: Presidents can create them, but only Congress can undo them (with Mark Stephen Squillace & Eric Biber), The Conversation (April 27, 2017)

Cara Horowitz
Introductory Note to Paris Agreement, 55 Int'l Legal Materials 740 (2016)

Nick Bryner
Compliance and Enforcement of Environmental Law (LeRoy C. Paddock, David L. Markell, & Nicholas S. Bryner, eds.) (Edward Elgar Publishing, Encyclopedia of Environmental Law series) (2017)

Washed Out: Policy and Practical Considerations Affecting Return after Hurricane Katrina and Superstorm Sandy, 3 J. Asian Dev. 73 (2017) (with Marisa Garcia-Lozano & Carl Bruch)

"A Constitutional Human Right to a Healthy Environment," in Research Handbook on Fundamental Concepts of Environmental Law 168-95 (Douglas Fisher ed.) (Edward Elgar Publishing 2016)

Ethan Elkind
How to Fix L.A.'s Failed Parking Policies, L.A. Times, May 30, 2017 (with Mott Smith)

Right Type, Right Place: Assessing the Environmental and Economic Impacts of Infill Residential Development through 2030 (March 2017)

Metro is Spending Billions of Your Tax Dollars to Build L.A. a World Class Transit System - Don't Let them Blow It, L.A. Times, Mar. 17, 2017

The Economic Impacts of California's Major Climate Programs on the San Joaquin Valley (Jan. 2017)

Provincial Feuding over Measure M Will Make Traffic and Mobility Worse for Everyone, L.A. Times, Oct. 25, 2016

Faculty Presentations and Press
 
Ann Carlson gave the Lloyd K. Garrison Lecture in Environmental Law in April 2017 at Pace University's Elisabeth Haub School of Law. Her lecture was titled "Pollution Hot Spots and the Clean Air Act." Also in April, she gave two lectures on U.S. Climate Change Policy in the Age of Trump at Sciences Po in Aix en Provence, France. She recently appeared on CNBC and has been quoted in other articles to discuss President Trump's announcement of the United States' intent to withdraw from the Paris Agreement. Earlier this spring, she was quoted in an article in The Atlantic on the Trump Administration's proposed budget cuts to the EPA. She is also now a contributor to the Take Care blog. 

Timothy Malloy presented at the Society for Risk Analysis' Policy Forum in March 2017 and Annual Meeting in December 2016. In addition, he has spoken in recent months at the Danish Technical University, the Bren School of Environmental Management, and the National Interagency Center for the Evaluation of Alternative Toxicological Methods.
Ted Parson served as a visiting professor at ETH Zurich, a science, technology, engineering and mathematics university in Zurich, Switzerland, from November 27 - December 3, 2016. In March 2017, he co-organized a forum in Washington, D.C. on U.S. Solar Geoengineering Research. He has also spoken at a Zocalo Public Square forum on the public impact and regulation of GMOs; at research roundtables and workshops at Northwestern University, University of Victoria, BC, Harvard University, and the University of Michigan Law School; and at the AAAS annual meeting in February 2017. In October 2016 he was interviewed by KPCC on the role of hydrofluorocarbons (HFCs) in climate change.

Jim Salzman presented at workshops at BYU, Vanderbilt, and Texas A&M. He gave a public lecture in Ashland, Oregon, at Southern Oregon University. In addition, Jim has given keynote presentations, public lectures, and radio interviews throughout the country this year on drinking water, EPA's budget, the Paris Agreement, and the California drought. He was quoted recently in USA Today on the Paris Agreement.
Alex Wang has given presentations at NYU School of Law, Peking University, UC Irvine Law School, and NYU Shanghai. In addition, he has been quoted in multiple news articles and has been interviewed by CNN International, BBC World Service, and others to discuss environmental law in China. Most recently, he was quoted in the New York Times, Vox, and The Guardian on the response in China to President Trump's opposition to the Paris Agreement.

Jonathan Zasloff has been quoted in articles in the New York Times on development and sprawl in Los Angeles, and in the L.A. Times on land use and education policy in Huntington Park. In February, he spoke on a panel at UCLA on land use ballot initiatives in the city.

Sean Hecht presented about climate change and urban resilience at the California Preservation Foundation's 42nd Annual California Preservation Conference in Pasadena, California, on May 11, 2017.  He has been featured in articles in the Wall Street Journal and the Los Angeles Timesabout environmental laws and the proposed border wall, among other print news media, and on KCRW public radio discussing the administration's budget and California's environment, the California vehicle emissions standards, and  
the administration's first 100 days and its implications for the environment. He was also quoted extensively in a 
Los Angeles Times column in which he discusses the effectiveness of a public nuisance law in tackling a 17-year-old lawsuit against lead paint manufacturers.  Finally, he was featured in an article in the Salt Lake Tribune about his research (along with fellow Nick Bryner, Prof. Mark Squillace of University of Colorado, and Prof. Eric Biber of U.C. Berkeley) on presidential authority to abolish or shrink national monuments.

Cara Horowitz has been quoted in the Los Angeles Times, Wired, and other print media about California and federal emissions standards and climate change, and has been featured many times on public radio, including interviews on KPCC about the new executive order on climate policy and on Madeline Brand's show Press Play discussing President Trump's Paris Agreement announcement. Earlier this year, she spoke about President Trump's climate policies at the Navigating American Carbon World conference.

Nick Bryner spoke at the Rocky Mountain Mineral Law Foundation's Natural Resources Law Teachers Institute on international capacity building programs for judges, prosecutors, and others in environmental law. He was interviewed in May for a radio program in Salt Lake City on presidential authority over national monuments. In January, he gave a presentation on Brazilian environmental law at a comparative law workshop in Cambridge, and in November participated in a workshop for early career researchers in environmental sciences organized by Future Earth. 

Ethan Elkind organized a conference for the California State Bar in April on The Future of Energy in 2030, and moderated a panel on how the Trump Administration may affect California's energy policies. He also presented at a variety of other events, including symposia at the L.A. County Bar Association, USC School of Law, and UCLA Institute of Transportation Studies, and was the keynote presenter at the annual meeting of the Downtown Pasadena Neighborhood Association. 

Sarah Duffy gave interviews with Radio France International (a Spanish-language news service for Latin America) and the International Bar Association about the Clean Power Plan and the U.S. withdrawal from the Paris agreement, respectively. 

Julia Forgie was interviewed by Free Speech Radio News for a story on California climate policies in response to the Trump Administration.
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Legal Planet, the environmental law and policy blog collaboratively run by UCLA School of Law and UC Berkeley School of Law, has now been cited in over 70 law journal articles! Come check out our latest insight and analysis.

For more information on our work and programs, contact Cara Horowitz (horowitz@law.ucla.edu) or Sean Hecht (hecht@law.ucla.edu). We look forward to hearing your thoughts!​

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