Environmental Law& Policy Program

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M I C H I G A N L A W

Environmental Law & Policy Program

March 23-24, 2012

University of Michigan Law SchoolAnn Arbor, Michigan

25 Years Back, 25 Years Forward: Environmental Law At The Crossroads

The 25th Annual Conference of the National Association of Environmental Law Societies

and the Environmental Law Society Present:

Keynote SpeaKer

Bob PerciasepeDeputy Administrator, U.S. Environmental Protection Agency

Featured SpeaKerS

John CrudenPresident, Environmental Law Institute, Washington, D.C.

Richard Lazarus Howard and Katherine Aibel Professor of Law, Harvard Law School

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Welcome to the 25th Annual Conference of the National Association of Environmental Law Societies (NAELS). The Environmental Law and Policy Program and the Environmental

Law Society at the University of Michigan Law School are delighted to host this year’s landmark conference, 24 years after Michigan Law hosted the first annual NAELS conference in 1988.

We gather during a Presidential election year when the stakes for environmental law are high. In 2008, when the Environmental Law and Policy Program hosted its first conference, both Presidential candidates advocated for a cap-and-trade system to address global climate change. Then, it was widely assumed that climate change legislation would be enacted regardless of the outcome of the election; today, we no longer have consensus about whether any action is necessary to address climate change.

The theme of this year’s conference is “25 Years Back, 25 Years Forward: Environmental Law at the Crossroads.” It has been more than 20 years since the United States enacted meaningful environmental legislation. During that time, the environmental challenges we face have grown even as our resolve to address them has diminished. How can we learn from the experiences of the last 25 years and chart a sustainable path forward for the next 25 years? How can we regain bipartisan support for environmental protection and balance environmental and economic concerns? How do we promote energy security and independence without sacrificing sensitive ecosystems? We will seek to address these and other questions during this year’s conference.

We are delighted that Bob Perciasepe, the Deputy Administrator of the United States Environmental Protection Agency, will be our keynote speaker. Bob has been a leader in federal and state environmental protection efforts for 30 years. He held senior positions at EPA in the Clinton Administration and has distinguished himself in the number two position at EPA since 2009.

We also are pleased that Richard Lazarus and John Cruden are featured speakers at this year’s conference. Richard is a leading environmental law scholar and Supreme Court advocate who brings a rich background in academia and public service. John was for many years the top civil environmental attorney at the United States Department of Justice and now leads one of the pre-eminent environmental law nonprofits in the United States. Both are wonderful friends of Michigan Law.

The moderators, panelists, and breakout leaders for our conference include outstanding voices from law schools, government, public interest groups, industry, and private practice. We are grateful for their participation. We also wish to thank the University of Michigan professors who are participating in the conference, including the new Dean of the School of Natural Resources and Environment, Marie Lynn Miranda, whom we are pleased to welcome to Michigan.

I look forward to meeting as many of you as possible during the conference and welcome your suggestions about themes and topics for future conferences, as well as for other environmental events at Michigan Law. Thank you for joining us and helping to make the 25th Annual Conference of the National Association of Environmental Law Societies a success.

David M. Uhlmann Jeffrey F. Liss Professor from Practice and Director, Environmental Law and Policy Program

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Friday, March 23, 2012General Sessions: 1225 South Hall, Law SchoolBreakout Sessions: 0220, 0225, 1020, 1225 South Hall, and 116, 120, 220 Hutchins Hall

8:00 A.M. regiStration and Continental BreaKFaSt Hosted by the University of Michigan Environmental Law and Policy Program

8:45 A.M. WelComing remarKS David M. Uhlmann Jeffrey F. Liss Professor from Practice and

Director of the Environmental Law and Policy Program, University of Michigan Law School

Dan Worth Executive Director, National Association of Environmental Law Societies, Boston, MA

9:00 A.M. Featured addreSS Richard J. Lazarus Howard and Katherine Aibel Professor of Law Harvard Law School

9:30 A.M. 25 yearS oF environmental laW

moderator David M. Uhlmann Jeffrey F. Liss Professor from Practice and

Director of the Environmental Law and Policy Program, University of Michigan Law School

paneliStS Holly D. Doremus Professor of Law, University of California-Berkeley

School of Law

Richard J. Lazarus Howard and Katherine Aibel Professor of Law, Harvard Law School

Robert V. Percival Robert F. Stanton Professor of Law and Director of the Environmental Law Program, University of Maryland School of Law

Lois J. Schiffer General Counsel, National Oceanic and Atmospheric Administration, Washington D.C.

Conference Schedule

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11:00 A.M. Break

11:15 A.M. Breakout sessions (first three choices repeated in afternoon)

Toxic Substances: Regulating for the Public’s Health

Sara R. Gosman (moderator) Lecturer, University of Michigan Law School

Gregory G. Bond Corporate Director of Product Responsibility, Dow Chemical Company, Midland, MI

Richard A. Denison Senior Scientist, Environmental Defense Fund, Washington, D.C.

On Arrangers and Apportionment: CERCLA Liability After Burlington Northern

Rachel E. Deming (moderator) Professor from Practice and Adjunct Clinical Assistant Professor, University of Michigan Law School

Scott D. Bauer Senior Attorney, U.S. Department of Justice, Environmental Enforcement Section, Washington D.C.

Dustin P. Ordway Attorney, Ordway Law Firm, Grand Rapids, MI

Standards and Regulations for the Disposal of Nuclear Waste

Rodney C. Ewing Donald R. Peacor Collegiate Professor, Department of Geological Sciences and William Kerr Professor, Department of Nuclear Engineering & Radiological Sciences, University of Michigan

The New Rules of the Road: Sustainability & the U.S. Auto Industry (morning only)

Nina A. Mendelson (moderator) Professor of Law, University of Michigan Law School

Christopher Grundler Deputy Director, U.S. Environmental Protection Agency, Office of Transportation and Air Quality, Ann Arbor, MI

Bob Holycross Senior Manager for Vehicle Energy Planning, Ford Motor Company, Dearborn, MI

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12:45 P.M. lunCheon & Keynote addreSS Bob Perciasepe Deputy Administrator, U.S. Environmental Protection Agency Washington, D.C.

2:00 P.M. Break

2:15 P.M. Breakout sessions (first three choices repeated from morning)

Toxic Substances: Regulating for the Public’s Health

Sara R. Gosman (moderator) Lecturer, University of Michigan Law School

Gregory G. Bond Corporate Director of Product Responsibility, Dow Chemical Company, Midland, MI

Richard A. Denison Senior Scientist, Environmental Defense Fund, Washington, D.C.

On Arrangers and Apportionment: CERCLA Liability After Burlington Northern

Kristina B. Daugirdas (moderator) Assistant Professor of Law, University of Michigan Law School

Scott D. Bauer Senior Attorney, U.S. Department of Justice, Environmental Enforcement Section, Washington, D.C.

Dustin P. Ordway Attorney, Ordway Law Firm, Grand Rapids, MI

Standards and Regulations for the Disposal of Nuclear Waste

Rodney C. Ewing Donald R. Peacor Collegiate Professor, Department of Geological Sciences and William Kerr Professor, Department of Nuclear Engineering & Radiological Sciences, University of Michigan

Conference Schedule

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Geo-Engineering Solutions to Climate Change (afternoon only)

Edward A. Parson Joseph L. Sax Collegiate Professor of Law, Professor of Natural Resources and Professor of Policy, University of Michigan

3:45 P.M. Break

4:00 P.M. BreaKing the impaSSe: addreSSing Climate Change Without Federal legiSlation

moderator Don Scavia Director of the Graham Environmental Sustainability

Institute and Professor, School of Natural Resources and Environment, University of Michigan

paneliStS Skiles Boyd Vice President of Environmental Management and

Resources, DTE Energy, Detroit, MI

Michael B. Gerrard Andrew Sabin Professor of Professional Practice and Director of the Center for Climate Change Law, Columbia Law School

Vickie Patton General Counsel, Environmental Defense Fund, Boulder, CO

David E. Van’t Hof Attorney, Lane Powell Attorneys and Counselors, Portland, OR

5:30 P.M. Concluding Remarks

7:00–10:00 P.M. Happy Hour Co-Sponsored by the University of Michigan Environmental Law Society and the Michigan Journal of Environmental & Administrative Law

Dominick’s 812 Monroe Street Ann Arbor, MI

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Conference Schedule

Saturday, March 24, 2012

8:00 A.M. Continental BreaKFaSt Hosted by the University of Michigan Environmental Law and Policy Program

9:00 A.M. planning For a SuStainaBle Future: the role oF laW in SuStainaBle development

moderator Marie Lynn Miranda Dean and Professor, School of Natural

Resources and Environment, University of Michigan

paneliStS Suzanne Malec-McKenna Senior Counsel, Jasculca Terman and

Associates and Former Commissioner, City of Chicago Department of Environment, Chicago, IL

John R. Nolon Professor of Law and Director of the Kheel Center on the Resolution of Environmental Interest Disputes, Counsel to the Land Use Law Center, Pace Law School

Mark Van Putten President and Founder, Conservation Strategy, LLC and Public Interest/Public Service Faculty Fellow, University of Michigan Law School

Durwood J. Zaelke Director, International Network for Environmental Compliance and Enforcement Secretariat and President and Founder, Institute for Governance and Sustainable Development, Washington, D.C.

10:30 A.M. Breakout sessions

Blue Gold: The Future of Great Lakes Water Reed D. Benson Keleher & McLeod Professor, University of

New Mexico School of Law

Noah D. Hall Associate Professor of Law, Wayne State University Law School and Visiting Professor, University of Michigan Law School

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Seven Billion Reasons why we Should be Discussing Population & Sustainability

Paula L. Abrams Jeffrey Bain Faculty Scholar and Professor of Law, Lewis and Clark Law School

Detroit & Urban Environmentalism Ashley Atkinson Director of Project Development and Urban

Agriculture, The Greening of Detroit, Detroit, MI

Lisa Wozniak Executive Director, Michigan League of Conservation Voters, Ann Arbor, MI

12:00 P.M. lunCheon & Featured addreSS John C. Cruden President, Environmental Law Institute Washington, D.C.

naelS SeSSion 1:30 P.M. Environment 2050—Student Perspectives on the Future

of Environmental Law

2:45 P.M. Break

3:00 P.M. Legal Fallout from Oil Spills: The Aftermath of the Enbridge Tar Sands Spill & the Role of Law Students

4:15 P.M. Break

4:30 P.M. NAELS Annual Meeting Dan Worth Executive Director, National Association of

Environmental Law Societies

5:30 P.M. End of Conference

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Conference Update

Planning For a SuStainable Future: the role oF law in SuStainable DeveloPment

Brandon Hofmeister, Professor at Wayne State University and Lana Pollack, Chair, U.S. Section, International Joint Commission, will be joining this panel in lieu of Suzanne Malec-McKenna and Durwood J. Zaelke.

Brandon Hofmeister Professor Brandon Hofmeister joined the Wayne State University Law School faculty in the fall of 2010.

Previously, he served as Special Counsel for Energy and Climate Policy to Governor Jennifer Granholm of Michigan. His key duties were implementing state energy and climate law reforms, leading the Governor’s clean energy economic development efforts, and

coordinating with Congress and the Obama Administration on energy and climate policies, including implementation of the Recovery Act provisions related to energy. Professor Hofmeister was a key negotiator and drafter of Michigan’s comprehensive 2008 energy regulatory reform legislation, which resulted in a renewable portfolio standard, a utility energy efficiency resource standard, and a net metering program. He drove implementation of other clean energy policies during the Granholm administration—such as a vehicle electrification economic development strategy, an enhanced energy efficient building code, reform of the utility ratemaking process to encourage energy efficiency investments, and creation of an innovative energy efficiency financing program.

Professor Hofmeister is a graduate of Harvard College and Harvard Law School. He served as a law clerk for Judge John Corbett O’Meara in the Federal District Court for the Eastern District of Michigan.

See reverse side for Lana Pollack’s biography.

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Conference Update

Planning For a SuStainable Future: the role oF law in SuStainable DeveloPment

Brandon Hofmeister, Professor at Wayne State University and Lana Pollack, Chair, U.S. Section, International Joint Commission, will be joining this panel in lieu of Suzanne Malec-McKenna and Durwood J. Zaelke.

Lana Pollack Lana Pollack was appointed Chair of the U.S. Section, International Joint Commission, by President Barack Obama, effective June 26, 2010.

Throughout a diverse career in public office, education, and the public interest sector, Ms. Pollack has demonstrated leadership on a range of public policy issues. She served from 1996-2008 as president of the Michigan Environmental Council, a coalition of 70 environmental

organizations working to protect the Great Lakes and Michigan’s environment. She was elected three times to the Michigan legislature, serving as a state senator from 1983-1994. As a state senator, Ms. Pollack became a leading advocate for women, children, and the environment. In this capacity, she earned praise as the architect of Michigan’s landmark 1990 polluter pay statute which, before it was substantially amended in 1995, saved taxpayers $100 million by requiring proven polluters to pay for the cleanup of toxic waste.

Ms. Pollack has served on a number of educational, nonprofit, and corporate boards, including the Michigan Natural Resources Trust Fund Board, which annually directed $35-50 million in discretionary public funds to protect, purchase, and enhance parkland and open space for preservation and recreation. She earned a BA in political science from the University of Michigan in 1965 and an MA from the University of Michigan in 1970.

See reverse side for Brandon Hofmeister’s biography.

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Bob Perciasepe Deputy Administrator, U.S. Environmental Protection Agency

With his appointment by President Obama in 2009, Bob Perciasepe returned to the U.S. Environmental Protection Agency (EPA) to serve as Deputy Administrator—the nation’s second ranking environmental official and the agency’s chief operating officer. His newest role continues a career spanning nearly four decades as one of the nation’s leading environmental and public policy figures. An expert on environmental stewardship, advocacy, public policy, and national resource and organizational management, Mr. Perciasepe is widely respected within both the environmental and U.S. business communities.

Mr. Perciasepe’s extensive experience includes service both inside and outside of government, including work in the EPA during the Clinton administration, where he served as Assistant Administrator for Water and then Assistant Administrator for Air and Radiation. From 2004 to 2009 he served as the chief operating officer at the National Audubon Society, where he began in 2001 as the Senior Vice President for Public Policy and head of the Washington, DC office. He has also held top positions within state and municipal government, including serving as Secretary of the Environment for the State of Maryland from 1990 to 1993, where he directed pollution control and environmental protection, and as an Assistant Director of Planning for the City of Baltimore, where he oversaw environmental and infrastructure planning and managed the city’s capital budget.

Mr. Perciasepe holds a BS in Natural Resources from Cornell University and Master’s degree in planning and public administration from the Maxwell School of Syracuse University. He and his wife have two adult daughters.

Keynote Speaker Biography

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John C. Cruden President, Environmental Law Institute

John C. Cruden is President of the Environmental Law Institute (ELI), a nationally recognized nonprofit association that provides research, education, and publications in the area of environmental lawand policy. He was raised in Michigan and is a graduate of the United States Military Academy, University of Santa Clara (summa cum laude, 2006 Alumni Special Achievement Award), and University of Virginia (honors). He is a member of the bars of the District of Columbia and California, a number of federal courts, and the U.S. Supreme Court.

Before coming to ELI, Mr. Cruden was, for over two decades, the career Deputy Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice. In that capacity he supervised all federal civil environmental enforcement and litigation involving agencies of the United States. He has personally litigated and led settlement negotiations in numerous environmental cases, many with reported decisions. Prior to becoming Deputy Assistant Attorney General, Mr. Cruden was Chief, Environmental Enforcement Section.

Before joining the Department of Justice, Mr. Cruden was the Chief Legislative Counsel of the Army. After graduating from West Point, he served in airborne, ranger, and Special Forces units in Germany and Vietnam before attending law school. After working for Justice Stanley Mosk, California Supreme Court, he attended the Army’s Judge Advocate General’s Graduate Course where he was named outstanding graduate. He also served as General Counsel, Defense Nuclear Agency.

Mr. Cruden has received the Presidential Rank Award from three different Presidents. He has also received the Federal Bar Association’s Younger Award and the American Bar Association’s Mary C. Lawton Award for Outstanding Government Service. Mr. Cruden’s military awards include the Bronze Star, Legion of Merit, Defense Meritorious Service Medal, Air Medal with Oak Leaf Clusters, and the Vietnamese Cross of Gallantry with Silver Star.

Mr. Cruden is a Past President of the District of Columbia Bar and was the first government attorney to be elected and serve as President. He is also a Past Chairman, ABA Section of Environment, Energy, and Resources and a Fellow of the American Bar Foundation. In 2010, he was listed by a national magazine as one of the top 500 lawyers in America.

Mr. Cruden is a swim coach for Special Olympics and a past recipient of Fairfax County’s Volunteer of the Year award for his work with mentally handicapped children.

Featured Speaker Biography

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Richard J. Lazarus Howard and Katherine Aibel Professor of Law, Harvard Law School

Richard Lazarus is the Howard J. and Katherine W. Aibel Professor of Law at Harvard University, where he teaches Environmental Law, Natural Resources Law, Supreme Court Advocacy, and Torts. He also recently served as the Executive Director of the President’s Commission responsible for investigating the root causes of the 2010 oil spill in the Gulf of Mexico. He graduated from Harvard Law School in 1979 and has a BS from the University of Illinois in Chemistry and a BA in Economics.

Professor Lazarus has previously served on the law school faculties of Indiana University, Washington University in St. Louis, and Georgetown University, where he was the Justice William J. Brennan, Jr., Professor of Law. He has been a visiting professor of law at Columbia University, Northwestern University, the University of San Diego, and the University of Texas. For the past five summers, he has co-taught a course on the history of the U.S. Supreme Court with the Chief Justice of the United States. Professor Lazarus worked for the U.S. Department of Justice, both in the Environment and Natural Resources Division (1979-83) and the Solicitor General’s Office (1986-89), where he was Assistant to the Solicitor General.

Professor Lazarus has represented the United States, state and local governments, and environmental groups in the United States Supreme Court in 40 cases and has presented oral argument in 13 of those cases. He recently served as counsel of record for environmental respondents Riverkeeper et al. in Entergy v. Riverkeeper, decided in April 2009, and co-counsel for respondents in Monsanto v. Geertson Seed Farms, decided in June 2010.

His primary areas of legal scholarship are environmental and natural resources law, with particular emphasis on constitutional law and the Supreme Court. He has published two books, The Making of Environmental Law (U. Chicago 2004) and Environmental Law Stories (Aspen Press, co-edited with O. Houck 2005). He was also the principal author of Deep Water – The Gulf Oil Disaster and the Future of Offshore Drilling (GPO 2011), which is the Report to the President of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling Commission, for which he served as the Executive Director. Professor Lazarus has won the faculty teaching award at both Washington University in St. Louis and Georgetown University. The American Bar Association gave Professor Lazarus its Award for Distinguished Achievement in Environmental Law and Policy for 2011.

Featured Speaker Biography

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Paula L. Abrams Paula Abrams is the Jeffrey Bain Faculty Scholar and Professor of Law at Lewis & Clark Law School. She teaches courses in constitutional law, including Reproduction and the Law and Comparative Constitutional Law, and a course in International Art Law. Professor Abrams is a graduate of the University of Michigan and the University of California-Berkeley School of Law. She worked in Washington, D.C., for the Executive Office of the President and later as an attorney for the Office of Legal and Enforcement Counsel at the U.S.

Environmental Protection Agency. Professor Abrams’ research focuses on reproduction and human rights. She has published articles on the human rights implications of population policies and on the relationship between population, sustainability, and human rights. Professor Abrams is the author of Cross Purposes, a book on the landmark Supreme Court Case, Pierce v. Society of Sisters. In 2010, Professor Abrams received the Leo Levinson Award for Excellence in Teaching.

Ashley Atkinson Ashley Atkinson has worked in the field of community gardening, urban greening, and vacant land reuse for over thirteen years. Nearly half of that time has been spent with The Greening of Detroit as the Director of Urban Agriculture and Openspace (www.detroitagriculture.net), where she and her staff support a growing network of more than 1,350 family, community, school, and market gardens and operate multiple model urban farms and education programs. Ms. Atkinson also serves as the sustainable agriculture representative and Secretary of the Detroit Food Policy Council, an organization dedicated to promoting an equitable and robust local food system in Detroit through its work in community engagement, education, and public policy. She is a graduate of both Michigan State University and the University of Michigan where she studied International Development, Community Organization, and Environmental/Land Use Planning.

Panelist and Moderator Biographies

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Scott D. Bauer Scott Bauer is a Senior Attorney with the Environmental Enforcement Section in the U.S. Department of Justice’s Environment and Natural Resources Division, where he has practiced for 12 years. He both litigates and supervises enforcement cases brought in U.S. District Court under the major federal environmental statutes, including the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation, and Liability Act. Mr. Bauer earned his JD in 1998 from the University of North Carolina School of Law. He earned an MPP from the Duke University School of Public Policy in 1995, and a BA from the University of Virginia in 1991. He is a member of the North Carolina State Bar Association.

Reed D. Benson Reed D. Benson joined the University of New Mexico law faculty in 2008 and was named Keleher & McLeod Professor in 2011. He teaches courses relating to water resources, administrative law, and natural resources, and also serves as faculty adviser (formerly faculty editor) to the Natural Resources Journal. Professor Benson spent the previous six years at the University of Wyoming College of Law, the last two as Winston S. Howard Distinguished Professor. He is a coauthor of the 6th edition of the Water Resource Management casebook (Foundation

Press 2009). Professor Benson has written many articles relating to water law, policy, and management, and has also spoken at numerous conferences, focusing primarily on environmental aspects of water management by state and federal agencies. He earned a BS from Iowa State and a JD magna cum laude from the University of Michigan Law School, and worked for a private law firm, the U.S. Environmental Protection Agency, and two nonprofit organizations before he began his academic career.


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Gregory G. Bond Dr. Bond is Corporate Director of Product Responsibility for The Dow Chemical Company. In this position, he provides leadership for Dow’s product stewardship programs globally, including experts who ensure Dow’s products are safe for their intended use and comply with all regulatory and Dow requirements. Dr. Bond also directs Dow’s Toxicology & Environmental Research and Consulting organization which provides testing, research and consultative services for Dow’s businesses.

Dr. Bond obtained a PhD in Epidemiology after receiving a Bachelor of Science in Microbiology and a Masters in Public Health, all from the University of Michigan. He has published more than sixty peer-reviewed journal articles on epidemiology research and product stewardship. In 1988, Dr. Bond was elected a Fellow in the American College of Epidemiology. He has served as an advisor to various government agencies. For three years, Dr. Bond chaired the American Chemistry Council’s Health, Product and Science Policy Team.

Skiles Boyd Skiles Boyd is Vice President of Environmental Management and Resources at DTE Energy, a Detroit-based diversified energy company involved in the development and management of energy-related businesses and services nationwide. Mr. Boyd is responsible for managing the company’s environmental issues which include setting environmental policy, representing the company on environmental issues with the public and in environmental regulatory and legislative development, coordinating environmental studies and conducting

environmental audits. He has worked in DTE’s environmental department for over 30 years.

Mr. Boyd is active on the Research Advisory and Environmental Councils of the Electric Power Research Institute, the Air and Waste Management Association, the Business Environmental Leadership Council of the Pew Center on Global Climate Change, the environmental committees of the Edison Electric Institute, the American Coalition for Clean Coal Electricity, and the Office of Regulation Reinvention Environmental Advisory Rules Committee. Mr. Boyd is also on the board of the Council of Great Lakes Industries, and the Southeast Michigan Sustainable Business Forum. He holds a BS in environmental resource management from Pennsylvania State University and an MBA from Wayne State University.

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Kristina B. Daugirdas Professor Kristina Daugirdas teaches International Organizations and Environmental Law at the University of Michigan Law School. Her writing focuses on the relationships between U.S. laws and regulations and negotiating and implementing international agreements and obligations. Her article “International Delegations and Administrative Law,” published in the Maryland Law Review, evaluated constitutional challenges to legislation and regulations implementing international agreements. It earned an award from the American Constitution

Society’s 2008 Richard D. Cudahy Writing Competition on Regulatory and Administrative Law.

Before joining the Michigan Law faculty, Professor Daugirdas was an attorney-adviser at the U.S. Department of State, where her portfolios included providing guidance on the negotiation and implementation of United Nations Security Council sanctions and evaluating the appropriateness of amicus participation by the U.S. government in lawsuits with foreign policy implications. Professor Daugirdas clerked for Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. She earned her JD, magna cum laude, from the New York University School of Law, and her BA, with honors, from Brown University.

Rachel E. Deming Professor Rachel E. Deming is codirector of the International Transactions Clinic, Adjunct Clinical Assistant Professor, and Professor from Practice at the University of Michigan Law School. Her extensive experience includes working for New York law firms and serving as in-house environmental counsel for a Swiss-based global manufacturing company, during which time she negotiated several consent agreements involving the cleanup of major Superfund sites.

Professor Deming was a member of the U.S. Environmental Protection Agency’s Environmental Financial Advisory Board from 2005–11. Prior to joining the faculty at Michigan Law, she was an adjunct professor at Pace Law School and helped to establish the Kheel Center for the Resolution of Environmental Interest Disputes. She received the Founder’s Award for her work in 2009.

Professor Deming received her AB in Russian Studies and history from the University of Michigan in 1977, and her JD from the University of Michigan Law School in 1982.

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Richard A. Denison Richard A. Denison is a Senior Scientist at the Environmental Defense Fund. Dr. Denison has 28 years of experience in the environmental arena, specializing in chemicals policy and hazard, exposure, risk assessment, and management for industrial chemicals and nanomaterials. He has published extensively and has testified before Congress many times regarding these issues.

Dr. Denison currently serves on the National Research Council’s Board on Environmental Studies and Toxicology and its Standing Committee on Use of Emerging Science for Environmental Health Decisions. He is a member of the Green Ribbon Science Panel for California’s Green Chemistry Initiative, and is also a member of the NRC’s Committee to Develop a Research Strategy for Environmental, Health and Safety Aspects of Engineered Nanomaterials. He previously served on the National Pollution Prevention and Toxics Advisory Committee, which advised the U.S. Environmental Protection Agency’s toxics office. Before joining EDF in 1987, Dr. Denison was an analyst and assistant project director in the Oceans and Environment Program, Office of Technology Assessment, United States Congress. Dr. Denison received his PhD in Molecular Biophysics and Biochemistry from Yale University.

Holly D. Doremus Holly Doremus is Professor of Law at the University of California-Berkeley, and a Member Scholar of the Center for Progressive Reform. She has written extensively about environmental and natural resources law and policy. She received her BS in biology from Trinity College (Hartford, CT), PhD in plant physiology from Cornell University, and JD from the UC-Berkeley School of Law. After law school, she clerked for Judge Diarmuid O’Scannlain of the United States Court of Appeals for the Ninth Circuit and practiced law in Corvallis, Oregon.

She taught at the University of Oregon and Oregon State University before beginning her law teaching career at the University of California-Davis School of Law. She has taught at the University of California-Berkeley School of Law since 2008.

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Rodney C. Ewing Professor Ewing is the Edward H. Kraus Distinguished University Professor at the University of Michigan. He is a Professor in the Departments of Earth & Environmental Sciences, Nuclear Engineering & Radiological Sciences, Materials Science & Engineering, and is an Emeritus Regents’ Professor at the University of New Mexico. He has published widely on issues related to nuclear materials, radiation effects in materials, nuclear waste management, and nuclear waste policy, as well as on the use of nanomaterials in medical diagnostics/treatments

and the response of materials to extreme environments. Professor Ewing has served on eleven National Research Council committees and two terms on the Board of Nuclear and Radiation Studies, and was recently appointed by President Obama to serve on the Nuclear Waste Technical Review Board. Professor Ewing is a founding editor of the magazine, Elements, and is also the recipient of numerous awards in his field.

Michael B. Gerrard Michael B. Gerrard is Andrew Sabin Professor of Professional Practice at Columbia Law School and director of the Center for Climate Change Law. Before joining the Columbia faculty in January 2009, he was managing partner of the New York office of Arnold & Porter LLP; he is now Senior Counsel to the firm. Professor Gerrard practiced environmental law in New York City full time from 1979 to 2008, trying numerous cases and arguing many appeals in federal and state courts and administrative tribunals. He was the 2004-05 chair of the

American Bar Association’s 10,000-member Section of Environment, Energy and Resources. Professor Gerrard is author or editor of nine books on environmental law, two of which were named Best Law Book of the Year by the Association of American Publishers. Legal Media Group’s Guide to the World’s Leading Environment Lawyers, based on 4,000 questionnaires, reported in 2005 and again in 2007 that Professor Gerrard “received more personal nominations for this guide than any other lawyer in the world.”

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Sara Rollet Gosman Sara Rollet Gosman is a lecturer at the University of Michigan Law School, where she teaches environmental law. Her classes include Environmental Justice and The Problem of Toxics: Toxic Substances and Toxic Torts. Professor Gosman earned an AB with high honors from Princeton University and a JD, cum laude, from Harvard Law School, where she was senior editor of the Harvard Environmental Law Review. She also earned a Master’s in public administration from the John F. Kennedy School of Government at Harvard. Professor Gosman

received a Fulbright grant to research the role of environmental organizations in Hungary’s transition to democracy, and a Luce Scholarship to work with the World Wide Fund for Nature on sustainable development in Indochina.

Professor Gosman was formerly an Assistant Attorney General in the Environment, Natural Resources, and Agriculture Division of the Michigan Department of Attorney General. In addition to teaching at the Law School, Professor Gosman is a water resources attorney for the National Wildlife Federation, and a member of the State of Michigan’s Environmental Justice Working Group.

Christopher Grundler Christopher Grundler is the Deputy Director of U.S. Environmental Protection Agency’s Office of Transportation and Air Quality, and directs the National Vehicle and Fuel Emissions Laboratory in Ann Arbor, Michigan. The mission of the Office of Transportation and Air Quality (OTAQ) is to protect public health and the environment by reducing air pollution from motor vehicles, engines, and the fuels used to operate them, and by encouraging business practices and travel choices that minimize emissions.

Mr. Grundler has held a number of senior leadership positions in the EPA, including Director of the Office of Federal Facilities Enforcement and Director of the Great Lakes National Program Office. Mr. Grundler has also served at the U.S. Department of Energy, where he helped create the Department’s first environmental audit program. He has served in his current position since 1995 and was awarded the Gold Medal for Exceptional Service, EPA’s highest honor. Mr. Grundler holds a BS in Civil and Environmental Engineering from the University of Michigan.

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Noah D. Hall Noah D. Hall is an associate professor at Wayne State University Law School and a visiting professor at the University of Michigan Law School. He previously served as the founding executive director of the Great Lakes Environmental Law Center and remains active in precedent-setting environmental litigation and policy development.

Professor Hall’s scholarship focuses on transboundary water management and pollution, climate change adaptation, water law reform, U.S.-Canadian environmental law, and citizen enforcement. His recent articles include “Political Externalities, Federalism, and a Proposal for an Interstate Environmental Impact Assessment Policy” (Harvard Environmental Law Review), “Transboundary Pollution: Harmonizing International and Domestic Law” (University of Michigan Journal of Law Reform), and “Toward a New Horizontal Federalism: Interstate Water Management in the Great Lakes Region” (Colorado Law Review). Professor Hall is coauthor of one of the leading environmental law casebooks, Environmental Law and Policy: Nature, Law, and Society (Aspen). He is also the author of the popular Great Lakes Law blog. Professor Hall holds a JD from the University of Michigan Law School and a BS from the University of Michigan School of Natural Resources and Environment.

Bob Holycross Bob Holycross is Manager of Environmental and Energy Planning for Ford Motor Company’s Sustainability, Environment and Safety Engineering Organization. He leads negotiations with government agencies on regulatory matters related to vehicle emissions, fuel economy, greenhouse gases, and fuel quality. This role includes developing the company’s policy positions and responses to proposed regulations. In addition, Mr. Holycross supports Ford in meeting or exceeding all existing vehicle environmental and energy regulations.

Mr. Holycross began his career at Ford in 1993 as a Ford College Graduate. Since that time, he has held several different engineering and supervisory positions related to streamlining and reforming regulatory protocols in support of Ford’s business plans. He has chaired several different government and industry committees, testified before federal and state government bodies on environmental and energy matters, and moderated several third-party technical panels through organizations such as the Society of Automotive Engineers and the U.S. Chamber of Commerce. Mr. Holycross holds both a BS in Mechanical Engineering and an MBA from Michigan State University.

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Suzanne Malec-McKennaSuzanne Malec-McKenna worked for the City of Chicago Department of Environment for 17 years, serving as Commissioner of Environment from 2007 through May 2011. Prior to serving as Commissioner, she was Deputy Commissioner of Natural Resources and Water Quality. Ms. Malec-McKenna has been a leader in environmental and economic issues, including sustainable development, jobs training and market transformation, and ecological preservation and restoration.

At the Department of Environment, Ms. Malec-McKenna portfolio ranged from overseeing the development of the North Park Village Nature Center to implementing the Chicago Climate Action Plan, an ambitious work of peer-reviewed research and analysis that lays out concrete strategies to reduce Chicago’s greenhouse gas emissions and prepares the City to adapt to changes already underway.

Ms. Malec-McKenna holds a BS from the University of Illinois, Urbana-Champaign and an MS in Managerial Communication from Northwestern University. She is currently completing her PhD at Northwestern in Communication Studies and authoring a study for the Nathan Cummings Foundation.

Nina A. MendelsonNina A. Mendelson is a professor at the University of Michigan Law School, where she teaches and conducts research in the areas of administrative law, environmental law, statutory interpretation, and the legislative process. Her work is published in prominent law reviews and she currently serves as one of three U.S. special legal advisers to the NAFTA Commission on Environmental Cooperation.

Prior to joining the Michigan Law faculty, Professor Mendelson served for several years as an attorney with the U.S. Department of Justice’s Environment and Natural Resources Division. Professor Mendelson earned her AB in economics, summa cum laude and Phi Beta Kappa, from Harvard University, and a JD from Yale Law School. Following law school, she clerked for Judge Pierre Leval in the Southern District of New York and for Judge John Walker Jr. on the U.S. Court of Appeals for the Second Circuit. Professor Mendelson also has worked for the Senate Committee on Environment and Public Works and practiced law with Heller, Ehrman, White & McAuliffe of Seattle.


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Marie Lynn MirandaMarie Lynn Miranda, PhD, is a Professor and Dean in the School of Natural Resources and Environment and Professor in the Department of Pediatrics at the University of Michigan, with parallel adjunct appointments at Duke University. In addition to her administrative leadership responsibilities, Dean Miranda directs the Children’s Environmental Health Initiative (CEHI), which is a research, education, and outreach program committed to fostering environments where all people can prosper. CEHI emphasizes

the environmental health sciences and social justice components of risks borne by children in the United States and internationally. CEHI is also leading a significant effort in developing geospatial informatics to support health care delivery and improvements in population health. Dean Miranda maintains a deep and abiding personal and professional interest in social and environmental justice. Dean Miranda holds an AB from Duke University and both an MA and PhD in economics from Harvard University.

John R. NolonJohn Nolon is Professor of Law at Pace Law School, Counsel to its Land Use Law Center, and Director of its Kheel Center on the Resolution of Environmental Interest Disputes. He has been Visiting Professor of Environmental Law at the Yale School of Forestry and Environmental Studies since 2001. Professor Nolon served as a member of Governor Patterson’s Climate Action Plan Technical Working Group and as a Fulbright Scholar studied and wrote about sustainable development law in Argentina in the

mid-1990s. In 2009, Professor Nolon was presented the National Leadership Award for a Planning Advocate by the American Planning Association. He holds a JD from the University of Michigan Law School and an undergraduate degree from the University of Nebraska.

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Dustin P. OrdwayDustin P. Ordway is in private practice and specializes in environmental law. With offices for his solo practice in Grand Rapids and Traverse City, MI. Mr. Ordway handles cases nationally representing corporations, municipalities, and individuals. He has been involved as lead counsel for numerous clients and groups of corporations in CERCLA litigation concerning developing issues since the mid-1980s, including early de minimis settlements, remedy selection and implementation, and legislative

and judicial developments from SARA and the scrap recycling exemption to BNSF. He has litigated and resolved cases in California, Illinois, Kentucky, New York, Ohio, and Texas, as well as Michigan. Mr. Ordway also works on other types of environmental matters, from natural resource cases involving wetlands, sand dunes, lakeshore property disputes, and other riparian issues to UST cleanups, RCRA corrective action, and TSCA PCB remediation, and is currently Vice-Chair of the Environmental Law Section of the State Bar of Michigan. Mr. Ordway also serves as a certified mediator in state and federal cases. Mr. Orday recieved his undergraduate degree from Massachusetts Institute of Technology and his JD from the University of Michigan Law School.

Edward A. ParsonEdward A. Parson is the Joseph L. Sax Collegiate Professor of Law, Professor of Natural Resources and Environment, and Professor of Public Policy at the University of Michigan. His interests include environmental policy, particularly its international dimensions; the political economy of regulation; the role of science and technology in law, policy and regulation; and the analysis of negotiations, collective decisions, and conflicts. Professor Parson holds degrees in physics from the University of Toronto

and management science from the University of British Columbia as well as a PhD in public policy from Harvard. Formerly a professional classical musician, he has worked for the U.S. Congress Office of Technology Assessment, the Privy Council Office of Canada, and the White House Office of Science and Technology Policy. Professor Parson has also led and served on many advisory bodies on environment and climate policy, including the U.S. National Assessment of Impacts of Climate Change and the current National Academy of Sciences Panel, America’s Climate Choices.


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Vickie PattonVickie Patton serves as Environmental Defense Fund’s General Counsel and manages the organization’s national and regional clean air programs. For two decades, Ms. Patton has worked to protect human health and the environment from air pollution. She has been involved in numerous rulemakings under the Clean Air Act and associated cases (including several successful cases before the U.S. Supreme Court), testified before congressional and state legislative committees, and authored several

articles on air quality protection and environmental policy.

Prior to joining EDF, Ms. Patton worked at the U.S. Environmental Protection Agency’s Office of General Counsel in Washington, D.C., where she provided legal counsel on a variety of national air quality initiatives. Ms. Patton is the recipient of the Air & Waste Management Association’s 2011 Richard Beatty Mellon Environmental Stewardship Award, the 2011 Wirth Chair Award for Creative Collaborations in Sustainability, and the 2008 Healthy Community Award received from her local health department. She serves as a member of EPA’s national Clean Air Act Advisory Committee. Ms. Patton holds a JD from New York University School of Law and a BS from the University of Arizona.

Robert V. PercivalRobert V. Percival is the Robert F. Stanton Professor of Law and Director of the Environmental Law Program at the University of Maryland Francis King Carey School of Law. He earned a BA summa cum laude from Macalester College in 1972, and an MA and JD from Stanford University in 1978. Professor Percival served as Managing Editor of the Stanford Law Review and he was named the Nathan Abbott Scholar for graduating first in his law school class. He 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. Professor Percival joined the Maryland law faculty in 1987 after serving as a senior attorney with the Environmental Defense Fund. He is the principal author of the most widely-used environmental law casebook, Environmental Regulation: Law, Science & Policy, now in its sixth edition. Professor Percival taught as a visiting professor of law at Harvard Law School in 2000 and 2009 and at Georgetown University Law Center in 2005 and 2011.

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Don

ScaviaAfter 30 years as a federal research scientist and manager, Professor Scavia joined the University of Michigan faculty in 2004 as professor of natural resources and environment and of civil & environmental engineering. He is the Graham Family Professor and Director of the Graham Sustainability Institute, and Special Counsel to the University of Michigan President for Sustainability. Professor Scavia’s research focuses on understanding and modeling human impacts on marine and freshwater ecosystems through

integrating natural science, social science, and environmental policy making. Since arriving at Michigan, he has managed over $35 million in research grants and donations. He currently codirects a climate adaptation center, and has published over 100 peer reviewed articles, co-edited two books, and led dozens of scientific assessments and program development plans. Professor Scavia serves National Research Council and U.S. Environmental Protection Agency review committees, as well as on the Boards of Directors of the Great Lakes Observing System and the Kenyan Mpala Research Center, and as an advisor to the Environmental Law and Policy Center, the Healing our Waters Great Lakes Coalition, the National Wildlife Federation Great Lakes Leaders Council, and several others.

Lois J. SchifferLois Schiffer is General Counsel at the National Oceanic and Atmospheric Administration. She has extensive experience in environmental law through her work in federal jobs, in private practice, and for nonprofit organizations. From 1993 to 2001, Ms. Schiffer was the Assistant Attorney General for the Environment and Natural Resources Division at the U.S. Department of Justice, with responsibility for litigation on behalf of federal agencies related to pollution, natural resources, wildlife, certain Indian issues, and

land condemnation. More recently, she served as General Counsel to the National Capital Planning Commission. Ms.Schiffer has, for over 20 years, been an adjunct professor of environmental law at Georgetown University Law Center. She has authored many articles on environmental law topics. She holds a JD from Harvard Law School (1969) and is a graduate of Radcliffe College (1966).


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David M. UhlmannDavid M. Uhlmann is the Jeffrey F. Liss Professor from Practice and the director of the Environmental Law and Policy Program at the University of Michigan Law School. Since joining the Michigan faculty in 2007, Professor Uhlmann has published articles in the Michigan Law Review, the Stanford Environmental Law Journal, the Utah Law Review, the Environmental Law Forum, The New York Times, and the American Constitution Society’s Issue Briefs series. Professor Uhlmann is leading the efforts of more than 100

Michigan Law students participating in the Michigan Environmental Crimes Project, which is the first comprehensive empirical study of criminal enforcement under U.S. pollution laws. Prior to joining the faculty, Professor Uhlmann served for 17 years at the U.S. Department of Justice, the last seven as chief of the Environmental Crimes Section. Professor Uhlmann received a JD from Yale Law School and a BA in history with high honors from Swarthmore College.

Mark Van PuttenMark Van Putten is President of ConservationStrategy® LLC, an environmental strategy consulting firm. Previously, Professor Van Putten served for 21 years on the staff of the National Wildlife Federation, including nearly eight years as President and CEO. He founded the National Wildlife Federation’s Great Lakes office and the University of Michigan Law School’s Environmental Law Clinic. Professor Van Putten currently serves as a Public Interest/Public Service Law Fellow at University of Michigan Law

School and as a Visiting Scholar with the Energy and Climate Program at the Carnegie Endowment for International Peace in Washington, D.C.

Professor Van Putten served as a member of the Obama-Biden transition team for the Department of Interior and of the Obama-Biden campaign’s Energy & Environment Coordinating Council. During previous administrations, Professor Van Putten served on the Trade & Environment Policy Advisory Committee and several U.S. Environmental Protection Agency advisory committees. On the 30th anniversary of the Clean Water Act, Professor Van Putten was named one of 30 nationwide “Clean Water Heroes.”

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David E. Van’t HofDavid Van’t Hof is an attorney in Portland, OR, where he focuses his practice in the areas of sustainability, clean technology, renewable energy, green building, and carbon regulation. Mr. Van’t Hof draws experience from his many years as a Sustainability Policy Advisor to Oregon Governor Ted Kulongoski. In that capacity, he led the state’s participation in the Western Climate Initiative and in developing the state’s nationally recognized climate change and renewable energy policies. In private practice, Mr. Van’t Hof

has assisted clients on renewable energy and clean technology development and financing as well as complex regulatory matters such as environmental and siting issues. He holds a BA from Trinity College and a JD, cum laude, from the University of Michigan Law School.

Lisa WozniakLisa Wozniak has served as Executive Director of the Michigan League of Conservation Voters since 2006. In that time, she has grown the organization substantially, expanding its clout and impact statewide. Between 1996 and 2006, Ms. Wozniak served as the Great Lakes Regional Director for the national League of Conservation Voters, overseeing programs and projects in Michigan, Minnesota, Illinois, Iowa, Ohio, and Wisconsin. With an expansive background in politics and policy, Ms. Wozniak is a well-

respected leader within the state and region, as well as at the national level where she currently sits on the national League of Conservation Voters Education Fund Board of Directors. She holds degrees in French and Art History, Education and Social Work from the University of Michigan.


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Durwood J. ZaelkeDurwood J. Zaelke is the President and founder of the Institute for Governance & Sustainable Development, Director of the International Network for Environmental Compliance & Enforcement, co-director of the Program on Governance for Sustainable Development at the Bren School of Environmental Science & Management, UCSB, and a partner in Zelle, Hofmann, Voelbel & Mason. He is the founder of the Program on International and Comparative Environmental Law at American University

Washington College of Law. He is cofounder and former President of the Center for International Environmental Law (CIEL). Mr. Zaelke also worked with the Sierra Club Legal Defense Fund (now called EarthJustice), and as a Special Litigation Attorney with the Department of Justice. He holds an undergraduate degree from UCLA and a JD from Duke Law School.

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Conference Sponsors

the environMental laW and Policy PrograM

Michigan Law’s Environmental Law and Policy Program (ELPP) promotes scholarship, teaching, and interdisciplinary programs to address the myriad challenges facing our global environment. ELPP draws on the Law School’s rich tradition in environmental and natural resources law, which dates to the early years of the environmental movement in the United States. ELPP also builds on the University of Michigan’s outstanding interdisciplinary and dual degree programs—unmatched by any other law school—with the School of Natural Resources and Environment, the Ford School of Public Policy, the Ross School of Business, the Taubman College of Architecture and Urban Planning, and the School of Public Health.

ELPP offers one of the most extensive environmental and natural resources law curriculums among top law schools in the United States, with nearly two dozen course offerings each year. ELPP sponsors an acclaimed lecture series on environmental issues, which features leading voices from academia, government, environmental groups, and industry, as well as a speaker series focused on careers in environmental law. ELPP plans conferences and symposiums every year with our student Environmental Law Society and provides clinical opportunities, pro bono programs—including the Michigan Environmental Crimes Project—and the newly formed Michigan Journal of Environmental and Administrative Law. With its superb faculty, rigorous academic program, and unrivaled practical experiences for students, ELPP has re-established Michigan Law as one of the top environmental law programs in the United States.

the environMental laW SocietyThe University of Michigan Environmental Law Society (ELS) serves foremost as a forum for students who are energized by environmental issues and concerned with how the law may or may not adequately address those issues. ELS encourages law students, especially those who see environmental law in their professional future, and students from all backgrounds to get involved; we currently have members from the schools of Natural Resources and Environment (SNRE), Business, Public Policy, and Public Health, as well as undergraduate students. By hosting speakers, panel discussions, outdoor excursions, and social events, ELS aims to provide its members and the larger Michigan community with opportunities to learn about and help solve current environmental challenges. ELS also organizes opportunities for law students to participate in pro bono environmental law projects. Finally, we strive to promote sustainability on the Law School campus; we have recently launched a composting program for Law School student-run events.

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the national aSSociation oF environMental laW SocietieS

The National Association of Environmental Law Societies is an international network of law student groups, students, and professionals working to design and implement innovative energy and environmental solutions through education, law, policy, and advocacy. NAELS brings together the next generation of energy and environmental leaders and connects them to the resources, tools, and networks they need to drive game-changing, real-world solutions. Founded in Ann Arbor in 1988 by environmental law students and professors and incorporated as a 501(c)(3) in 2002, NAELS is thrilled to celebrate its 25th Annual Conference back where it all began —at the University of Michigan Law School.

Additional Programming

environMental laW 2050The Environmental Law Institute has embarked on Environment 2050, a project that seeks to identify environmental goals for 2050, and a roadmap to head toward those goals. To add input to this project, the lunchtime discussion will focus on law students’ vision of and potential approaches to environmental law in their future:

• What impact would you realistically hope to have on environmental law, natural resource management, and sustainability by the time you retire?

• What will the most pressing issues be?

• What environmental goals can society realistically attain by 2050?

• Where will solutions to today’s and tomorrow’s pressing issues come from?

• What do lawyers need to do today to prepare for and be better able to face tomorrow’s environmental issues?

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AcknowledgmentsA conference cannot occur without assistance and support from throughout the

Law School community. ELPP and ELS wish to express their appreciationto the following individuals who were instrumental to the success

of the 25th Annual NAELS Conference.

SyMPoSiuM executive coMMittee

David M. Uhlmann, Director, Environmental Law and Policy Program Student Symposium Committee

John Broderick, Jack Dafoe, Elizabeth Och, Lauren Reid, Levi Smith,Christopher Tholen, Jessica Wall, Megan Williams

Dan Worth, Executive Director, National Association of Environmental Law Societies

thank you to the FolloWing

Evan H. Caminker, Dean

Todd M. Baily, Assistant Dean for Development and Alumni RelationsCatherine Behan, Director of CommunicationsMatthew Conrad, Environmental Law Society

Lara Furar, Director of Alumni RelationsElizabeth Gary, Environmental Law Society

Tish Holbrook, Art DirectorAlonzo LaGrone, ELPP Program Coordinator

John Masson, Media Relations OfficerLisa Yellin, Assistant Director of Communications

Documents

Environmental Law& Policy Program