levin College of law · 2012. 10. 31. · resources. students also gain interdisciplin- ... Evolution for sale: an Evolutionary Biology model for regulating the Unnatural selection

E n v i r o n m E n t a l & l a n d U s E l a w

levin College of law

E n v i r o n m E n t a l a n d l a n d U s E l a w a t t h E U n i v E r s i t y o f f l o r i d a

ElUlP staff:

Joann Klein, assistant director

[email protected]

lenny Kennedy, ElUlP Program assistant

[email protected]

lena hinson, ll.m. Program assistant

[email protected]

the Environmental and land Use law Program recently unified pro-

gram activities into a suite of offices in Bruton-Geer hall at the levin

College of law. the offices allow students space for the Conserva-

tion Clinic, moot Court Practice rooms, ll.m. student study space,

and offices for the Public interest Environmental Conference and

Greenlaw. the space also provides offices for adjuncts and visiting

faculty and a central ElUlP conference area.

Cover Art: “Up the Creek,” mixed media painting by Reed Pedlow

www.law.ufl.edu/academics/concentration/elul 1

Tthe University of florida levin College of law’s Environmental and land Use law Program is one of the top 10 programs and one of the top five public programs in the country. the program is led by nationally recognized scholars and provides a broad range of academic and experiential opportunities for students, including the Environmental law summer abroad in Costa rica, the Conservation Clinic and numerous externships with governmental and public interest organizations through-out the country.

Program faculty members mary Jane angelo, mark fenster, alyson flournoy, Chris-tine Klein, danaya wright, michael wolf, and tom ankersen are among the most distinguished environmental and land use law scholars in the United states.

the program offers both an ll.m. degree and a certificate in environmental and land use law. roughly 40 environmental and land use courses are offered at the levin College of law. in addition, students have the opportunity to take advantage of extensive course offerings in other colleges within the University of florida, one of the nation’s leading research and teaching institutions.

w w w. l a w. u f l . e d u / a c a d e m i c s / c o n c e n t r at i o n / e l u l

students in the Environmental and land Use law program have a broad array of interdisciplinary opportunities. students can take courses and participate in activities in colleges and departments throughout the University of florida. several joint degree programs are available to students, includ-ing joint J.d./master’s or Ph.d. degrees in interdisciplinary ecology; urban and regional planning; and forestry and natural resources. students also gain interdisciplin-ary experience through the Conservation Clinic and the Costa rica program.

2 UF Levin CoLLege oF Law environmentaL and Land Use Law

mary Jane angeloDirector, UF Environmental and Land Use Law Program; UF Research Foundation Professorangelo has written extensively on incorporating science into environmental law, agriculture and environmental law, and pesticide law and policy. since joining the Uf faculty in 2004, Professor angelo has rapidly developed a national reputation as a leading scholar in the field of environmental law. in addition to environmental law, she teaches specialized courses on pesticides and the law, environmental dispute resolution, and environmental law and biology. she is a member of the summer faculty at vermont law school where she has taught courses since 2000. Professor angelo’s practice experience prior to joining the levin College of law faculty includes work in the U.s. Environmental Protection agency’s office of General Counsel in washington, d.C., and as senior assistant General Counsel for the st. John’s river water management district. she received her J.d. and an m.s. in Entomology from the University of florida, and her B.s. from rutgers University.

Recent Publications“Progress toward restoring the Everglades: the fourth Biennial review, 2012” (coauthor as

member of Committee on independent scientific review of Everglades restoration Progress) (national research Council of the national academy of sci-ences, forthcoming October 2012) • “Survey of Florida Water Law” in Waters and Water Rights (Robert E. Beck, ed.) (Matthew Bender & Co., Inc., 2012 annual update) • “Reclaiming Global Environmental Leadership: Why the United States Should Ratify Ten Pending Environmental Treaties” (with Rebecca Bratspies, David Hunter, John H. Knox, Noah Sachs, and Sandra Zellmer), Center for Progressive Reform White Paper No. 1201 (2012) • “Small, Slow and Local: Essays on Building a More Sustainable and Local Food System,” 12 Vermont J. Envtl. L. 1 (2011) • “Water Quality Regulations and Policy Evolution” (with Kati Migliaccio) in Water Quality, Concepts, Sampling, and Analysis (Yuncong Li and Kati Migliaccio, eds.) (CRC Press, 2011) • “Corn, Carbon and Conservation: Rethinking U.S. Agricultural Policy in a Changing Global Environment,” 17 George Mason L. Rev. 593 (2010) • “Valuing Nature: The Challenge of a National Environmental Leg-acy Act” (with Mark T. Brown), in Beyond Environmental Law (Alyson Flournoy & David Driesen, eds.) (Cambridge University Press, 2010) • “Stumbling Toward Success: A Story of Adaptive Law and Ecological Resilience,” 87 Nebraska L. Rev. 950 (2009) • “Modernizing Water Law: The Example of Florida” (with Christine Klein and Richard Hamann), 61 Fla. L. Rev. 403 (2009) • “Harnessing the Power of Science in Environmental Law: Why We Should, Why We Don’t, and How We Can,” 86 Texas L. Rev. 1527 (2008) • The Florida Water Resources Act of 1972: Beyond the First 35 Years (with Christine Klein and Richard Hamann) (University of Florida, 2008) • “The Killing Fields: Reducing the Casualties in the Battle Between U.S. Endangered Species and Pesticide Law,” 32 Harvard Envtl. L. Rev. 95 (2008) • “Incorporating Energy Synthesis into Environmental Law: An Integration of Ecology, Economics, and Law” (with Mark T. Brown), 37 Envtl. L. 963 (2007) • “Reforming the Federal Insecticide, Fungicide, and Rodenticide Act,” CPR for the Environment: Breathing New Life into the Nation’s Major Environmental Statutes, A Legislative Sourcebook of Progressive Ideas for Members of Congress and Staff (Alyson Flournoy and Matthew Shudtz, eds.) (2007) • “Regulating Evolution for sale: an Evolutionary Biology model for regulating the Unnatural selection of Genetically modified organisms,” 42 wake forest l. rev. 93 (2007) • “Embracing Uncertainty, Complexity, and Change: An Eco-Pragmatic Reinvention of a First-Generation Environmental Law,” 33 Ecology L. Q. 105 (2006), reprinted in 38 land Use and Environmental l. rev. (2007) (collecting “top ten land use and environmental law” articles published in 2006)

E l U l P f a C U lt y

thomas ankersenLegal Skills Professor; Director, Conservation Clinic and Costa Rica Law ProgramProfessor ankersen founded and directs Uf law’s Conservation Clinic as well as its Costa rica Program, which attracts environmental law students from throughout the United states and latin america. Both programs blend substance and field-based skills training while providing legal services to the conservation community, domestically and internationally. the clinic’s fin-gerprints can be found on state and local legislation in florida, as well as on numerous private conservation instruments. fluent in spanish, Professor ankersen has helped to draft interna-tional agreements and national legislation in Central america and wildlife legislation in africa. he continues to promote the development of clinical environmental law education in latin america, helping to start up environmental law clinics in Central america and the Brazilian amazon. ankersen writes in the areas of sustainability, ecosystem change and comparative environmental and property law. Prior to joining the levin College of law ankersen worked in an environmental law firm in miami, fla. and with the sierra Club legal defense fund (now Earthjustice). he has an m.a. in history, focusing on environmental history, from the University of south florida and J.d. from the University of florida.

Recent Publications“Baselines and Benchmarks: the need for a national Environmental legacy act to ad-

dress the shifting Baselines Phenomenon,” (with Kevin regan) in Beyond Environmental law: Policy Proposals for a Better Environmental future (alyson C. Flournoy & David Driesen, eds.) (2009) • “Anchoring Away: Government Regulation and the Rights of Navigation in Florida” (with Richard Hamann), Florida Sea Grant, Technical Publication #157 (2006 revision) • “Defending the Polygon: The Emerging Human Right to Communal Property” (with Thomas Ruppert), 59 Oklahoma L. Rev 681 (2006) • “Tierra y Libertad: The Social Function Doctrine and Land Reform in Latin America” (with Thomas Ruppert), 19 Tulane Envt’l L. J. 69 (2006) • “Towards a Bioregional Approach to Tropical Forest Conservation: Costa Rica’s Greater Osa Bioregion” (with Steven A. Mack and Kevin Re-gan), 38 Futures J. 406 (2006) • “Applying Clinical Legal Education to Community Smart Growth: The University of Florida Conservation Clinic” (with Nicole C. Kibert) in Partnerships for Smart Growth: University-Community Collaboration for Better Public Places 64 (Wim Wiewel & Gerrit-Jan Knaap, eds.) (2005)


alyson craig flournoyUF Research Foundation Professor & Alumni Research Scholar; Senior Associate Dean for Academic Affairsflournoy is a widely respected scholar in the field of environmental law. her scholarship focus-es on decision-making processes under federal environmental and natural resources statutes, and environmental ethics. she has taught federal administrative law, environmental law, ad-vanced environmental law and litigation, and property law. flournoy is a member scholar of the Center for Progressive reform and a past president of florida defenders of the Environment. Prior to joining the UF faculty in 1988, Professor Flournoy was an associate with Covington & Burling in washington, d.C., where her practice focused on environmental law. she received her a.B. from Princeton University and her J.d. from harvard law school.

Recent Publications“three meta-lessons Government and industry should learn from the BP deepwater Horizon Disaster and Why They Won’t,” 38 B.C. Envtl. Aff. L. Rev. 281-303 (2011) • Beyond Environmental law: Policy Proposals for a Better Environmental future (editor with david m. Driesen) (Cambridge Univ. Press 2010) • “The Case for a National Environmental Legacy Act,” in Beyond Environmental law: Policy Proposals for a Better Environmental future (Cam-bridge Univ. Press 2010) • “The Future of Environmental Protection: The Case for a National Environmental Legacy Act,” A Center for Progressive Reform white Paper, available at: www.progressivereform.org/articles/nEla_1002.pdf (with ryan feinberg, margaret Clune Giblin, heather halter, and Christina Storz) (January 2010) • “Regulatory Blowout: How Regulatory Failures Made the BP Disaster Possible, and How the System Can Be Fixed to Avoid a Recur-rence” (co-edited with James Goodwin and co-authored with william andreen, rebecca Bratspies, holly doremus, victor flatt, robert Glicksman, James Goodwin, Joel mintz, daniel rohlf, amy sinden, rena steinzor, Joseph tomain, and sandra Zellmer) (oct. 2010), available at http://www.progressivereform.org/articles/BP_Reg_Blowout_1007.pdf • “Protecting a Natural Resource Legacy While Promoting Resilience: Can It Be Done?,” 87 Nebraska L. Rev. 1008 (2009) • “Recommendation No. 5: Adopt Model National Environmental Legacy Act—NELA,” in Recalibrating the Law of Humans with the Laws of Nature: Climate Change, Human Rights, and Intergenerational Justice (Climate Legacy Initiative, Vermont Law School, 2009) • “Harnessing the Power of Informa-tion to Protect Our Public Natural Resource Legacy” (with Heather Halter and Christina Storz), 86 Texas L. Rev. 1575-1599 (2008) • ) “Supply, Demand, and Consequences: The Impact of Information Flow on Individual Permitting Decisions under Section 404 of the Clean Water Act,” 83 Indiana L. J. 537 (2008) • Squandering Public Resources: A Center for Progressive Reform Report (with Margaret Clune Giblin and Matt Shudtz) (2007) • “CPR for the Environment: Breathing new life into the nation’s major Environmental statutes, a legislative sourcebook of Progressive ideas for members of Congress and staff” (co-edited and co-authored introduction with matthew shudtz) (2007)

mark fensterProfessor mark fenster is a national expert on the constitutional law of “exactions,” regulatory transactions in which a government entity issues a permit or other approval to a property owner in exchange for land, fees, or some other entitlement. he teaches property, torts, administrative law, and statutory interpretation. he is also an expert on open govern-ment laws and public transparency, as well as on the intellectual history of the legal realist movement. Prior to joining the levin College of law faculty, Professor fenster practiced for two years with Shute, Mihaly & Weinberger, a leading public interest envi-ronmental and land use law firm in san francisco, and clerked for Judge Carlos lucero of the U.s. Court of appeals for the 10th Circuit. he received his J.d. from yale law school and holds a Ph.d. from the institute of Communications research at the University of illinois at Urbana-Champaign. his B.a. is from the University of virginia.

Recent Publications“the transparency fix: advocating legal rights and their alternatives in the Pursuit of a Visible State,” 73 Univ. of Pittsburgh L. Rev. (forthcoming 2012). • “Failed Exactions” (symposium article), 36 Vermont L. Rev. 623-647 (forthcoming 2012) • “Foreword,” to Victoria Pagán, Conspiracy Theories in Ancient Rome” (Austin: Univ. of Texas Press, forthcoming 2012) • “Disclosure’s Effects: WikiLeaks and Transpar-ency,” 97 Iowa L. Rev. 753-807 (2012) • Online symposium, with response essays and author response, in 97 Iowa L. Rev. Bulletin (forthcoming 2012) • (earlier work was translated) “teoriziranje konspirativne politke,” 47:3-4 dialogi: revija Za Kulturoin družbo 22-51 (2011). translation into slovenian of Chapter 2, “Conspiracy Theories: Secrecy and Power in American Culture” (rev. ed.) (Univ. of Minnesota Press, 2009) • “Seeing the State: Transparency as Metaphor,” 62 Admin. L. Rev. 617 (2010) • “The Stubborn Incoherence of Regulatory Takings,” 28 Stanford Envtl. L. J. 525 (2009) • “Regulating Land Use in a Constitutional Shadow: The Institutional Contexts of Exactions,” 58 Hastings L. J. 729 (2007) • “Takings, Version 2005: The Legal Process of Constitu-tional Property rights,” 9 Univ. of Pennsylvania J. of Constitutional l. 667 (2007)


christine kleinChesterfield Smith Professor and Director, LL.M. Program in Environmental & Land Use LawProfessor Klein is a nationally known water law scholar, with a rare expertise in both eastern riparianism and western prior appropriation. she teaches and writes in the areas of water law, natural resources law and property. her work includes more than 30 academic articles, and it has been cited in judicial and administrative opinions at both the federal and state levels. she is also the lead author of a widely adopted casebook on natural resources law (aspen Publishers). Klein has served on two committees of the national academy of sciences, national research Council, that studied sustainable water and environmental management, and she is a member scholar of the Center for Progressive reform, based in washington, d.C. Prior to joining the levin College of law faculty in 2003, she directed the environmental law program at michigan state University; served as a water rights litigator in the Colorado office of the attorney General; and clerked for Judge richard matsch, U.s. district Court (Colorado). Klein holds an ll.m. from Columbia law school; a J.d. from the University of Colorado school of law; and a B.a. degree from middlebury College (vermont).

Recent PublicationsA History of Unnatural Disaster: Mississippi River Tragedies (with Zellmer) (NYU Press, forthcoming 2013) • Natural Resources Law: A Place-Based Book of Problems and Cases (with Cheever & Birdsong) (Aspen, 3d ed. forthcoming 2013) • “Water Bankruptcy,” 97 Minnesota L. Rev. (forthcoming 2013) • “Compartmentalized Thinking and the Clean Water Act,” 4 George Washington J. Energy & Envtl. L. (forthcoming 2013) • “The Dormant Commerce Clause and Water Export,” 35 Harvard Envtl. L. Rev. 131 (2011) • “Environmental Patriotism,” in Beyond Environmental Law: Policy Proposals for a Better Environ-mental Future (Driesen & Flournoy, eds., Cambridge University Press 2010) • “The Environmental Deficit: Applying Lessons from the Economic Recession,” 51 Arizona L. Rev. 651 (2009) • “Modernizing Water Law: The Example of Florida” (with Angelo & Hamann), 61 Florida L. Rev. 403 (2009) • “The Florida Water Resources Act of 1972: Beyond the First 35 Years” (with Angelo & Hamann) (2008 monograph) • “Cultural Norms as a Source of Law: The Example of Bottled Water” (with Huang), 30 Cardozo L. Rev. 507 (2008) • “Water Transfer: The Case Against Transbasin Diversions in the Eastern States,” 25 UCLA J. Envtl. L. & Pol’y 249 (2007) • “The New Nuisance: An Antidote to Wetland Loss, Sprawl, and Global Warming,” 48 Boston College L. Rev. 1155 (2007) • “Mis-sissippi River Stories: Lessons from a Century of Unnatural Disasters” (with Zellmer), 60 SMU Law Rev. 1471 (2007) • “Survey of Florida Water Law,” in Waters and Water Rights (Robert E. Beck, ed. Matthew Bender & Co.) (text and annual updates 2005-11).

danaya wrightClarence J. TeSelle Endowed ProfessorProfessor wright is a leading scholar on recreational trail development and the variety of dis-puted property rights in discontinued railroad corridors. she has written numerous articles on the property issues and federal pre-emption issues around rail corridor conversion to recreational trails, as well as on the history of nineteenth century railroad development across the western frontier. she teaches on, lectures, and consults about federal constitutional takings claims generally. she has given testimony to the U.s. house Judiciary Committee’s subcommittee on administrative law and the surface transportation Board on the federal trails act. she is a regular consultant with the United states department of Justice in a number of the takings challenges to the railbanking legislation and has served as a consultant and expert witness for the internal revenue service in cases involving tax deductions by railroads for donations of land under the railbanking program. among legal academics, she is recognized as the foremost scholar on railbanking and rails-to-trails conversions and a leading scholar on the history of railroad property rights. she is regularly quoted by federal and state courts on the legal aspects of these challeng-ing cases. she is currently working on a book on the history of federal railroad policy involving indian lands, homestead laws, and mineral rights. she teaches property, constitutional law, theo-ries of property, and legal history. she received an a.B. in English from Cornell University, an m.a. in English from the University of arizona, an m.a. in liberal Education from st. John’s College, a

J.d. from Cornell University, and a Ph.d. in Political science from Johns hopkins University. she joined the faculty of the University of florida, levin College of law in 1998.

Recent PublicationsThe Law of Succession: Wills, Trusts, and Estates, (with Lee-ford Tritt and Patricia Stallwood-Kendall) (Foundation Press, forthcoming spring, 2013) • Estates and Future Interests for the Twenty-First Century (Foundation Press, forthcoming spring, 2013) • “Policing Sexual Morality: Percy Shelley and the Expansive scope of the Parens Patriae in the law of Custody of Children,” 8:2 nineteenth Century Gender studies, online at:http://www.ncgsjournal.com/issue82/wright.htm ) • “Theorizing History: Separate Spheres, the Public/Private Binary and a New Analytic for Family Law History,” ANZLHS E-Journal (forthcoming 2012) • Florida Probate Code and Related Provisions (with Lee-ford Tritt & D. Kelly Weisberg) (Aspen, 2010-11).

E l U l P f a C U lt y


michael allan wolfProfessor, Richard E. Nelson Chair in Local Government LawProfessor wolf’s latest book (his fourth since 2008) is the supreme Court and the Environ-ment: The Reluctant Protector (CQ Press, 2012). He is also the general editor of Powell on real Property® (17 volumes), the leading treatise in the property field, and is the co-author of the forthcoming sixth edition of land Use law (lexisnexis, with daniel r. mandelker). he has written several dozen articles, essays, and book chapters in law, economic development, planning, and historical journals and books; and his commentaries have been featured in national newspapers and on national Public radio. a member of the florida Bar, Profes-sor wolf has testified several times before Congress and helped draft state legislation; and he has advised local, state, and federal officials in the area of urban redevelopment. much of Professor wolf’s scholarship explores the multi-faceted relationship between traditional land use planning and environmental regulation, and he views many contemporary legal developments through the lens of history. Professor wolf joined the University of florida levin College of law faculty in 2003. he previously taught at the University of richmond and oklahoma City University. he teaches and writes in the areas of property, land-use plan-ning, environmental, and constitutional law, and in american history/american studies. he received his B.a. degree from Emory University, his J.d. degree from Georgetown University law Center, and his a.m. (history) and Ph.d. (history of american Civilization) degrees from harvard University.

Recent PublicationsThe Supreme Court and the Environment: The Reluctant Protector (CQ Press/Sage, 2012) • General Editor, Powell on Real Property® (quarterly updates) (Matthew Bender-LexisNexis, 2000-present) • “A Yellow Light for “Green Zoning”: Some Words of Caution About Incorporating Green Building Standards into Local Land Use Law,” 43 Urban Lawyer 949 (2011) • “Land Use Planning and the Environment: A Casebook” (with Charles M. Haar) (Environmental Law Institute Press, 2010) • “Planning and Law: Shaping the Legal Environment of Land Development and Preservation” (with Charles M. Haar), 40 Environmental Law Reporter 10419 (2010) • Powell on Real Property™: Michael Allan Wolf Desk Edition (LexisNexis Matthew Bender 2009) • “Becoming a Legal Trouble-maker,” in Law Touched Our Hearts: A Generation Remembers Brown v. Board of Education (Mildred Wigfall Robinson & Richard J. Bonnie, eds.) (Vanderbilt Univ. Press, 2009) • “Charles Warren,” in The Yale Biographical Dictionary of American Law (Roger K. Neman, ed., Yale University Press, 2009) • The Zoning of America: Euclid v. Ambler (University Press of Kansas, 2008) • “William Faulkner, Legal Commentator: Humanity and Endurance in Hollywood’s Yoknapa-tawpha,” 77 Mississippi L.J. 957 (2008) • “Lucas v. South Carolina Coastal Council,” “Lujan v. Defenders of Wildlife,” and “Village of Euclid v. Ambler Realty Co.,” in Encyclopedia of the Supreme Court of the United States (D.S.The Zoning of America: Euclid v. Ambler) (University Press of Kansas, 2008) • “Hysteria v. History: Public Use in the Public Eye,” in Private Property, Community, and Eminent Domain (Robin Paul Malloy, ed.) (Ashgate Publishing, 2008) • “Looking Backward: richard Epstein Ponders the ‘Progressive’ Peril,’” Book review, 105 mich. l. rev. 1233 (2007)


adJUnCt ProfEssors W. Thomas haWkinsAttorney, W. Thomas Hawkins, P.A.thomas hawkins is a graduate of the Emory University school of law and holds a master of science in real Estate from the University of florida. hawkins began his legal career in Gainesville, fla., practicing in the areas of local government and land use law. representing a municipality, community groups and real estate owners and developers, hawkins’ work has included drafting ordinances; handling Com-prehensive Plan amendments, rezonings and developments of regional impact; and advising a Community redevelopment agency and City Commission. since 2008, hawkins has served as Gainesville city commissioner at large. he has served as the mayor-commissioner pro tem of the City of Gainesville, the chair of the metro-politan transportation Planning organization for the Gainesville Urbanized area, the Chair of the Gainesville Community redevelopment agency and is a member of the north Central florida regional Planning Council. hawkins teaches florida land Use law at the levin College of law and land Use law in the department of Urban and regional Planning.

CaThy selleRsAdministrative Law Judge, Florida Division of Administrative HearingsCathy m. sellers presides over cases arising from state executive-branch agency action affecting regulated persons and entities involving disputed issues of fact; challenges to state agency rules; and other cases as designated by state and federal law. she has practiced environmental and land use law for 23 years, representing clients on a range of environmental law issues, including state and federal water, wetlands, air, solid and hazardous waste regulatory matters and state comprehensive land use plan matters. she is the past chair of the florida Bar administrative law section and immediate Past Chair of the Bar’s state and federal Governmental and administra-tive Practice Certification Committee. sellers has been an adjunct professor at the levin College of law since 1999.

rECEnt visitinG faCUlty • C. Anthony Arnold, University of Louisville school of law

• Oscar A. Avalle, Guatemala Country Manager,

resident representative, world Bank

• Maria Magdalena Kenig-Witkowska, Institute of international law, head, Chair of European law, University of warsaw, Poland

• Joel A. Mintz, Nova Southeastern Law Center • Robert Sokolow, Co-Director of the Carbon mitigation initiative and director of siebel Energy Grand Challenge, Princeton Environmental insti-tute at Princeton University

• Martina Elisabeth Schlögl, Johannes Kepler University of linz, school of law, linz, austria

• Otton Solis, Economist and Founding President of Costa rica’s Citizens action Party, three-time former Costa rican presidential candidate, 2008 Uf Center for latin american studies Bacardi family Eminent scholar for spring 2008.

• Roberto Virzo, University of Sannio, Benevento, italy

• Jiaxian Zhu, Executive Director, China Center of Environmental financial law, Central University of finance and Economy, Beijing, China

ExPEriEnCE

ElUlP students participate in a field course on Marine and Coastal Law & Policy at Marine-land on the northeastern florida coast.


TimoThy e. mClendonStaff Attorneyresearch interests include historic preservation, florida constitutional law, Everglades restoration policies, local land use law, and sustainable development. authored a handbook on florida historic preservation law.

Jeff WadeDirector, Environmental Division Coordinates legal educational exchange program with state of Parana, Brazil. research interests include sustainable development, hurricane mitigation and preparedness, coastal zone manage-ment and Brazilian environmental law.

Jon l. millsDirector, Center for Governmental Responsibility; Dean Emeritusformer speaker of the florida house of representatives, with major role in development and pas-sage of Growth management act, wetlands Protection act, and water

Quality Assurance Act. Research includes work on Florida Constitutional law, and comparative studies of Brazilian and U.s. environmental law. former member, florida Constitution revision Commission.

Joan d. floCksAssociate in Law and Director, Social Policy Division formerly Uf assistant professor, department of health Policy and Epidemiology, and legal services staff attorney. research interests

include environmental justice, community-based partici-patory research, immigrant groups in the southeast, and agricultural labor.

RiChaRd G. hamannAssociate in Lawleading wetlands and florida water law expert. Current research includes work on water supply for natural systems, including the Everglades, and coastal waterway management. Governing Board member, st. Johns

river water management district; former chair, florida Bar Environmental and land Use law section; immediate past president, florida defenders of the Environment.

sTePhen J. PoWellDirector, International Trade Law Programformer chief counsel for import administration, U.s. department of Commerce, and regional counsel for national oceanic and atmospheric administration. research interests include trade and environment, regional

free trade agreements, and agricultural law. served as dispute settlement panelist for world trade organization and north american free trade agreement.

the Center for Governmental responsibility (CGr) is a policy re-search institute located at the University of florida levin College of law. since 1972, CGr has been an innovator for environmen-tal law, democracy and governance, and social policy research. over the last 40 years, CGr environmental efforts have grown to include diverse projects throughout florida, Central america, Poland, Brazil and africa. division staff have developed interna-tional reputations in areas related to water law, environmentally sensitive ecosystems and estuaries, land use planning, coastal management, groundwater and wetlands protection, endan-gered species and regulation of pesticides.

CGr staff enrich the curriculum by offering courses and seminars on topics such as sustainable development, environmental jus-tice, historic preservation, and international environmental law.

CGr staff attorneys have assisted the adoption of environmental programs, policies and procedures in countries throughout the world, while at the same time providing experiential learning op-portunities for hundreds of Uf law students, many of whom have gone on to become leading environmental attorneys, policymak-ers and advocates.

CEntEr for GovErnmEntal rEsPonsiBility faCUlty


the certificate in Environmental and land Use law provides a valuable credential indicating completion of a rigorous and tailored course of study. to obtain the certificate, students must complete specified core courses as well as a prescribed number of credit-hours in elective courses. this coursework provides a strong foundation for practice in the closely relat-ed fields of Environmental and land Use law. the certificate program was developed in consultation with the program’s advisory board of leading private, governmental and public interest attorneys.

J.d. certificate in environmental and land use law

C. anthony arnold, University of louisville school of lawrichard C. ausness, University of Kentucky College of lawCynthia Barnett, Journalist, author, Blue Revolution: Unmaking America’s Water Crisis and Mirage: Florida and the Vanishing Water of the Eastern U.S.Carol n. Brown, University of north Carolina school of lawCarol Browner, former director of the white house office of Energy and Climate Change, senior Counselor of albright stonebridge Group, wash-ington, d.C.Chris Bzdok, Olson, Bzdok & Howard, P.C. Jonathan Cannon, University of virginia school of lawAnne Marie B. Cavazos, Florida A&M University College of Lawfederico Cheever, University of denver sturm College of lawmichael dworkin, vermont law schoolJohn d. Echeverria, vermont law schoolshannon Estenoz, director of Everglades restoration initiatives, U.s. depart-ment of the interiorJohn hankinson, Gulf Coast Ecosystem restoration task forceJ. Kevin healy, Bryan Cave llP (new york)lisa heinzerling, Georgetown University law CenterBob irvin, President, american riversalex m. Johnson, Jr., University of virginia school of lawalexandra Klass, University of minnesota law schoolBarbara Knuth, Cornell University, dept. of natural resources

sarah Krakoff, University of Colorado school of lawdoug Kysar, yale law schoolLinda Malone, William & Mary Law Schoolroberta mann, University of oregon law schoolRobert Martineau, Waller Lansden Dortch & Davismark mihaly, vermont law schoolsteve neugeboren, assoc. General Counsel for water, EPaBryan norton, Georgia tech school of Public PolicyJessica owley, University of Buffalo law schoolJames rasband, Brigham young Universityluis E. “ricky” rodriguez-rivera, University of Puerto rico school of lawwilliam h. rodgers, University of washington school of lawJ.B. ruhl, vanderbilt University law schoolJim salzman, duke University law schoolamy sinden, temple UniversityJudd snierson, hofstra law schoolrebecca tsosie, arizona state University College of lawrobert verchick, loyola school of lawmichael vandenbergh, vanderbilt University law schoolRonald L. Weaver, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.david wilcove, Princeton Universitywendy wagner, University of texas College of lawhannah wiseman, florida state University College of law

distinGUishEd sPEaKErs from aCross thE CoUntrya selection of nationally and internationally known scholars and practitioners are invited to campus annually to present their research to ElUl students and faculty. they participate in the Capstone Colloquium, Public interest Environmental Conference, richard E. nelson symposium, and various visiting and foreign enrichment professorship opportunities. the annual Capstone Colloquium for certificate and ll.m. students is designed to enrich students’ knowledge of environmental and land use law and is made possible through support form Hopping Green & Sams, PA (Tallahassee).


Uf’s interdisciplinary ll.m. was the nation’s

first advanced law degree in Environmental

and land Use law. the ll.m. degree pro-

vides recent law school graduates and

practicing attorneys an opportunity to

deepen their knowledge of these areas of

law. the program utilizes an individualized

course of study that can include the Costa

rica Program, the Conservation Clinic,

and field courses. to receive the degree,

students must take a significant number of

credits from courses in non-law disciplines.

ll.m. in environmental and land use law

CoUrsEs and sEminarsstudents develop individualized courses of study drawing from extensive curricular offerings at the law school. in addition, many law students enroll in complementary courses offered through non-law departments at Uf and pursue joint degrees in fields such as urban and regional planning, wildlife ecology, interdisciplinary ecology and environmental engineering.

Core Courses• Environmental law• natural resources law• land Use Planning and Control law• administrative law• florida administrative law• Environmental Capstone Colloquium

electives• Adaptive Management: Water and Watershed Systems• Advanced Environmental Law & Litigation• Advanced Takings Law• Agricultural Law• Agricultural Policy and the Environment• Conservation Clinic• Condominium & Community Development Law• Environmental Dispute Resolution• Environmental Issues in Business Transactions• EU Environmental Law• Externship• Florida Land Use Law• Independent Study• International and Comparative Environmental Law• International and Comparative Environmental Law Skills Lab• International Environmental Justice• International Law of the Sea• International Trade and Environment

• Land Finance• Law & Economics• Legislation• Local Government Law• Marine and Coastal Law (field course)• Mediation & Other Dispute Resolution Processes• Negotiation• Negotiation, Mediation & Other Dispute Resolution Processes• Regulating Climate Change: Carbon Finance• South Florida Ecosystems (field course)• Water Law• Wetlands & Watersheds: Law, Science & Policy seminars • Animal Rights & the Law• Ecology & the Law• Energy Law• Environmental Justice• Environmental Law & Policy• Historic Preservation Law• International Environmental Law• International Environment & Trade • Land Use• Selected Issues in Public Policy• Sustainable Development• The Supreme Court and the Environment• Wildlife Law

aCadEmiCs

the 2011-2012 ll.m. Program in Environmental & Land Use Law students, from left: Peter Morris,

reba abraham, Kevin wozniak, alex Boswell-Ebersole, Cathryn henn and heidi horak.


the Public interest Environmental Conference (PiEC) is a

highly-successful annual student-run conference featur-

ing two days of programs on timely cutting-edge topics in

environmental and land use law. the conference brings in

leading experts to speak on timely topics such as alternative

energy, climate change, water supply, adaptation to sea level

rise, mercury in the environment, adaptive management and

the Everglades, toxic torts, social marketing, rural land con-

version, and sustainable agriculture. the conference brings

students together with scientists, lawyers, government

officials, grassroots environmentalists, and industry repre-

sentatives and provides the opportunity to seek solutions

to florida and the nation’s environmental challenges. Each

year the PiEC includes a practical skills training workshop.

PUBliC intErEst EnvironmEntal ConfErEnCE

Uf law alum Carol Browner, former director of the white house office of Energy and Climate Change and senior Counselor of albright stonebridge Group, washington, d.C., was a recent keynote speaker at the Public interest Environmental Conference.

this annual endowed conference, orga-

nized by Professor michael allan wolf,

richard E. nelson Chair in local Govern-

ment law, brings prominent speakers to

campus for a symposium each year. Uf

students can attend the symposium and

actively participate by introducing speak-

ers or moderating panels. recent sympo-

sia have focused on historic preservation,

the supreme Court’s environmental term,

billboard regulation, eminent domain, the

squeeze on local governments and issues

affecting coastal communities.

riChard E. nElson symPosiUm

oPPortUnity


C Costa riCa EnvironmEntal law sUmmEr stUdy aBroad

the levin College of law offers students the unique opportunity to study interna-tional and comparative environmental law from a latin american perspective through the study abroad program in Costa rica. few countries are better suited to the study and application of environmental law than the tiny tropical republic of Costa rica, which has been at the forefront of some of the most significant environmental policy innova-tions on the global stage. the Uf College of law/University of Costa rica Joint Program in Environ-mental law emphasizes international and comparative environmental law as well as skills training in a cross-cultural context through its Conservation Clinic

and skills-based courses such as Envi-ronmental dispute resolution. law stu-dents and young attorneys from Costa rica and elsewhere in latin america and the Caribbean participate in the program along with U.s. law students, thanks to a special collaboration with the Environmental law alliance world-wide. issue-based field trips round out the curriculum. in addition to rafting tropical rivers and visiting community cloud forest reserves, students are able to work with field biologists from the Caribbean Con-servation Corporation as they tag sea turtles and monitor the remote nesting beaches of tortuguero on Costa rica’s Caribbean coast.

recently the Costa rica Program brought together law students and Ph.d. fellows from Uf’s water institute for an intensive interdisciplinary field experience. students worked in small groups on skills-based practicums involving policy issues related to the tempisque river Basin in northwest Costa rica. the research supports Uf’s efforts to develop a more comprehen-sive program to address climate and wa-ter on the Pacific Cost of mesoamerica.detailed information on the Costa rica Program is online at http://www.law.ufl.edu/academics/academic-programs/study-abroad/summer-abroad/costa-rica.

stEP oUtsidE thE Classroom

the ElUlP offered a spring Break Course in marine and Coastal law and Policy, including lectures from faculty and practitioners and field trips to the campus of the Uf whitney lab and marineland Coastal Policy Center on

florida’s east coast. legal and policy issues studied included coastal develop-ment and beach management, coastal and estuarine water quality, and boating and inland waterway management. ElUlP students also receive on-site

learning experiences in the courses on south florida Ecosystems and on adap-tive Management: Water, Wetlands & watersheds.

marinE and Coastal PoliCy

Uf environmental law students study and experience the natural laboratory of Costa rica

during the summer study abroad program.


EnvironmEntal moot CoUrt tEamEach year Uf sends teams to the national Environmental moot Court Competition in white Plains, new york. stu-

dents selected to participate on the Uf team have the chance to brief and argue a case, and to compete against

teams from around the country. Uf has frequently reached the quarter-final or semi-final round in this competition,

which draws roughly 70 teams from law schools around the country. the Environmental moot Court team is spon-

sored by the law firm of akerman senterfitt.

• Alachua Conservation Trust• Alachua County Attorney’s Office/Alachua County Forever Program• The Audubon Society• Bay County Attorney’s Office• Brevard County Attorney’s Office• The Center for Biological Diversity• Earthjustice

• Environmental Secretariat of the Central American Free Trade Agree-ment, Guatemala• Florida Division of Administrative Hearings• Florida Dept. of Community Affairs• Florida Dept. of Environmental Protection• Florida Fish & Wildlife Conservation Commission• Florida Inland Navigation District, Miami

rECEnt ExtErnshiPs

the Conservation Clinic is an innovative

interdisciplinary clinic that offers students

the opportunity to learn and gain valuable

experience while working on compelling

conservation challenges. law and gradu-

ate students work in teams for clients such

as nonprofit organizations, community or-

ganizations, state and local governments,

and even international organizations. Clinic

students have drafted state legislation,

local government ordinances, and interna-

tional petitions on a wide range of environ-

mental matters.

Each year, the ElUls has a program of speakers

from academia and practice, hosts social events,

and organizes outdoor activities like river clean-

ups. students from the ElUls also organize the

Public interest Environmental Conference (PiEC).

sponsoring this two-day conference provides

students a chance to work closely with Uf faculty,

public interest attorneys, scientists, and govern-

ment officials on important and timely environ-

mental issues.

ConsErvation CliniC

EnvironmEntal and land UsE law soCiEty (GrEEnlaw)

students can earn up to 6 credit hours for experiential learning under faculty supervision at a wide variety of placements. recent placements include:


JoB PlaCEmEntGraduates of the program have found em-ployment in a wide variety of settings includ-ing private firms, government and nonprofit conservation groups, including:

• ACLU Florida• Akerman Senterfitt• Albertelli Law• Altman Kritzer & Levick• Attorneys’ Title Fund Services, LLC• Baker Hostetler• Becker & Poliakoff, P.A.• The Bedell Firm• Berger Singerman, LLP• Best Best & Krieger LLP• Beveridge & Diamond• Bichler, Kelley, Oliver & Longo, PLLC• Bilzin Sumberg• Bobo Ciotoli Bocchino White & Buigas• Bricklemyer Smolker & Bolves, P.A.• Broad & Cassell• Bush Ross, P.A.• Butler & Hosch, P.A.

• California Energy Commission• Carlton Fields• The Center for Progressive Reform• City of Fernandina Beach• City of Orlando• Cooper Industries• De la Parte & Gilbert, P.A.• Earthjustice• Fidelity National Title Group• Florida Agency for Health Care Adminis-tration• Florida Defenders of the Environment • Florida Dept. of Community Affairs• Florida Dept. of Environmental Protec-tion• Florida Dept. of Financial Services• Florida Fish and Wildlife Conservation Commission• Florida Power & Light• Foley & Lardner• Fowler White Boggs• Gaebe, Mullen, Antonelli & Dimatteo• Greenberg Traurig

• Grimes Goebel Grimes Hawkins Gladfel-ter & Galvano, P.L.• Hand Arendall• The Heekin Law Firm• Hinshaw & Culbertson LLP, Chicago• Holland & Knight• Homeland Security, U.S. Department of Justice• Hopping Green & Sams• Charles A. Hounchell P.A.• Housing and Economic Rights Advo-cates• Hunton & Williams• Icard Merrill• King & Spalding• Klehr Harrison Harvey Branzburg LLP• Latham & Watkins• Lee County (Florida)• Lewis Longman & Walker, P.A.• Lowndes Drosdick Doster Kantor• McGuire Woods, LLP• Mayer Brown• Mills Paskert Divers

ENVIRONMENTAL & LAND USE LAW AT FLORIDA• Florida Power & Light• Hillsborough County Environmental Protection Commission• City of Jacksonville Office of General Counsel• National Oceanic and Atmospheric Administration Regional Counsel• The Nature Conservancy• New Orleans Redevelopment Authority• Orange County Attorney’s Office• Pasco County Attorney’s Office• Public Trust Environmental Law Institute of Florida

• Seminole County Attorney’s Office• South Florida Water Management District• St. Johns River Water Management District• U.S. Department of Justice, Environment and Natural Resources Division• U.S. EPA Office of Administrative Law Judges• U.S. EPA Region I• U.S. EPA Region III• U.S. EPA Region IV• Wildlaw

• National Oceanic and Atmospheric administration• Nuclear Regulatory Commission• Pasco County (Florida)• Pavese Law Firm• Pennington, Moore, Wilkinson, Bell & dunbar• Pinellas County (Florida)• Public Trust Environmental Law Institute of florida• Quarles & Brady LLP• Roberts, Reynolds, Bedard & Tuzzio, PllC• Rogers Towers, P.A.• The Rosenthal Law Firm, P.A.• Sea Grant Legal Program

• Shepard Smith & Cassady, P.A.• Sheridan Health Care, Inc.• Smith Hulsey & Busey• Solar Energy Industries Association• Stearns Weaver Miller Weissler Alhadeff & Sitterson• St. Johns River Water Management district• St. Johns RiverKeeper• The St. Joe Company• Straley & Robin• The Trust for Public Lands• U.S. Army Corps of Engineers• U.S. Court of Appeals for the 11th Circuit• U.S. Department of the Navy• U.S. District Court, Middle District of

florida• U.S. Environmental Protection Agency, office of administrative law Judges• U.S. Environmental Protection Agency, region iv• U.S. Environmental Protection Agency, region x• U.S. Environmental Protection Agency, Office of Enforcement & Compliance As-surance• U.S. Department of Justice, Environment and natural resources division• Wells Fargo• Wicker Smith O’Hara McCoy & Ford, P.a.

Non-ProfitOrganizationU.S. Postage

PAIDGainesville, FLPermit No. 94

levin College of lawP.o. Box 117625Gainesville, Fl 32611-7623

n is one of the nation’s larGEst law schools, with 1,100 students, approximately 50 tenure/tenure track faculty and 40-plus other full-time faculty who support the college through clinical, research, skills training and administrative programs. it offers J.d. certificate programs in Criminal law, Environmental and land Use law, Estates and trusts Practice, family law, intellectual Property law, and international and Comparative law; an extensive array of joint degree programs; specialized centers, institutes and program areas; and strong clinical offerings.

n is a high-quality, comprehensive law school, with leading programs in GradUatE taxation, EnvironmEntal and land UsE law, and family law.

n has offered stronG intErnational ProGrams for more than three decades, and many faculty are experts in international legal issues. these programs and its ll.m. in Comparative law Program for foreign lawyers expand the school’s curriculum and international offerings and strengthen its ties with programs and scholars around the globe.

n has a lonG-standinG

tradition for PrEParinG its

GradUatEs for siGnifiCant

lEadErshiP rolEs. its alumni

include five presidents of the

american Bar association, the

majority of the florida Bar

presidents, 34 judges in U.s. federal

courts, four governors of florida,

and hundreds of state senators

and representatives and florida

Cabinet members. Eleven graduates

became college presidents,

including at the University of

florida. a dozen have served as

deans of law schools.

w w w. l a w. u f l . e d u / a c a d e m i c s / c o n c e n t r at i o n / e l u l

Uf law ...

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