N I N E T E E N T H A N N U A L P U B L I C I N T E R E S T

E N V I R O N M E N T A L C O N F E R E N C E

February 21-23, 2013 University of Florida Fredric G. Levin College of Law

Gainesville, Florida

Presented by the University of Florida Levin College of Law Co-sponsored by The Florida Bar Environmental and Land Use Law Section,

University of Florida Office of Sustainability, GreenLAW Environmental and Land Use Law Society, and Student Government

POLISHING THE CROWN JEWEL: THE ENDANGERED SPECIES ACT AT 40

Welcome

Many scientists and scholars now believe that we have entered the sixth mass extinction of plant and animal species on the planet. Unlike the previous extinctions, which have been attributed to large natural shifts in the Earth’s environment, the main attributable cause today is human influence and development. Some have even gone so far as to label this period in history the Anthropocene, where humans are the main driving force of change on the planet. Dec. 28, 2013, will mark the 40th anniversary of the Endangered Species Act. Frequently referred to as the “Crown Jewel” of environmental law, the act is one of the most protective environmental laws in the United States. The act’s main objective is to conserve and prevent the extinction of plant and animal species through enhanced legal protections. The act has had many significant successes such as the recovery of our national symbol, the bald eagle, and some tragic failures, such as the extinction of Florida’s Dusky Seaside Sparrow. Over the 40 years of its existence, the act has received both high praise and strong criticism.

The Endangered Species Act includes the listing of species and designation of their critical habitat, prohibitions on “taking” of listed species and a requirement for Federal agencies to conserve and avoid jeopardy to listed species. Endangered and threatened species range across multitudes of plants and animals, although a majority of funding thus far has been directed at saving large charismatic mega-fauna. In the United States, there are approximately 1,115 endangered species (667 plants) and 321 threatened species (150 plants). In the 40 years since the enactment of the Endangered Species Act, 10 listed species have been confirmed as extinct and 25 listed species have been declared to be recovered. Moreover, a recent study by the Center for Biological Diversity indicates that 90 percent of the species studied are recovering at the rate specified for their federal recovery plan. Despite these successes, there are many challenges ahead. This year’s conference focuses on reviewing the successes and challenges of the act, as well as innovative approaches going forward.

Thank you for attending this year’s PIEC. Your continued interest and support help to make this event possible. We hope you enjoy the conference! Sincerely,Chelsea Sims and Rachael Bruce, 2013 PIEC Co-Chairs

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Nick BarshelAnnette BooneAmanda BroadwellAubrey BurrisStephanie CarusilloMatthew ChristRebecca ConveryHeather CooperAaron DavisMelissa FedenkoMarcelo Fiallos

Valerie FrittsChris JohnsDustin Mauser-ClaasenJame McCrayNathan NevinsCasey OsborneJesse ReiblichAlexis SegalElizabeth TurnerSpencer Winepol

STUDENT ASSISTANTS

Mary Jane AngeloThomas AnkersenAlyson Flournoy

Richard HamannChristine KleinMichael Wolf

FACULTY ADVISORS

PLANNING COMMITTEEChelsea Sims & Rachael Bruce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Gentry Mander. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Samantha Culp. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Caitlin Pomerance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sandy Chiu. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Mai Le. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Zachary Rogers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Saira Fida. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co-Chairs Panels Chair

Logistics ChairFundraising Chair

Finance ChairRegistration Chair

Publicity ChairEco-Run Chair

PIEC Organizers

Schedule

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THURSDAY, FEBRUARY 21, 20136-9 p.m. Opening Reception & Conservation Clinic Poster Session at the Mar-

tin H. Levin Advocacy Center, UF Levin College of Law

FRIDAY, FEBRUARY 22, 20139-10:45 a.m. Opening Plenary: A Comprehensive Reflection on the 40-Year His-

tory of the Endangered Species Act (HOL 180)TRACKS Current Topics Is it working? Challenges &

Innovative ApproachesMorning Session 11-12:30 p.m.

To Take or Not to Take? The Migratory Bird Treaty Act and the Uncertainty of Incidental Takings(HOL 285B)

Reconciling Federal and State Interests in Endangered Species Protection(HOL 355B)

The Times they are A’Changing: Florida’s Listed Species and Cli-mate Adaptation(HOL 285C)

Lunch Break & Special Event12:30-2 p.m.

Round Table Event: The Future of the Endangered Species Act (HOL 285B)

Afternoon Session I 2:15-3:45 p.m.

Fur, Feathers & Flippers: Florida’s Statewide Beaches Habitat Conser-vation Planning Process (HOL 285B)

The Listing Bomb: New Ammunition in the Water Wars? (HOL 355B)

Just Add Water: The Challenge of Developing a Habitat Conservation Plan for the Etowah Watershed (HOL 285C)

Afternoon Session II4-5:30 p.m.

Stormy Waters: Controversy in the Nearshore Marine Environment (HOL 285B)

Downlisting Endangered Spe-cies: Celebrating Success or Slippery Slope? (HOL 355B)

Upland Species and Prop-erty Rights (HOL 285C)

Banquet7-10 p.m.

The Zyg and Pat Show: Reflections on TVA v. Hill Banquet at the Sweetwater Branch Inn, 625 East University Ave., Gainesville, FL 32601

SATURDAY, FEBRUARY 23, 20139-11 a.m. Workshop: Challenging Permitting Decisions Under Federal and

State Endangered Species Protection Laws (Advocacy Center Court-room)Sponsored by the Public Interest Committee of the Florida Bar Envi-ronmental and Land Use Law Section

HOL: Holland Hall, University of Florida Levin College of Law

11:30-12:15 p.m. Lunch Break

Special Event Careers in Environmental and Land Use Law: What’s Out There and How Do I Get There? (HOL 270)11:30-1:30 p.m.

Ethics & Professionalism for Attorneys (Advocacy Center Courtroom)12:30-1:30 p.m.

1:45-3:15 p.m. Closing Plenary: The Next 40 years of Endangered Species Protection (Advocacy Center Courtroom)

Keynote Speakers

CARL SAFINAAs people change the world, Carl Safina’s work reveals how the future of living nature and the durability of human dignity are increasingly intertwined. His work probes the science as well as the ethics of our moment with nature. Safina’s childhood by the shore launched a life-long passion, lending a distinct ocean flavor to much of his work. He has studied nature as a scientist, stood for it as an advocate, and conveyed his travels among sea creatures and coastal people in lyrical nonfiction writing.

Studies of seabirds and fishes led to his Ph.D. in Ecology from Rutgers University. Witnessing rapid declines in sea turtles, sharks, tuna, and many other ocean creatures, he realized that a “last buffalo hunt” was underway in the sea. Responding, Safina helped lead campaigns to ban driftnets, overhaul fisheries law, achieve a United Nations fisheries treaty, and reduce seabird and sea turtle drowning on commercial fishing lines. Along the way, his writings made him a leading voice on humanity’s relationship with nature.

Safina is author of 6 books and roughly 200 scientific and popular publications, including features in The New York Times, and National Geographic and a new Foreword to Rachel Carson’s The Sea Around Us.

His first book, Song for the Blue Ocean, was a New York Times Notable Book of the Year. Eye of the Albatross won the John Burroughs Medal and the National Academies’ Science

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Keynote Speakers

PATRICK PARENTEAUPatrick A. Parenteau is Professor of Law and Senior Counsel in the Environmental and Natural Resources Law Clinic (ENRLC) at Vermont Law School. He previously served as Director of the Environmental Law Center at VLS from 1993-1999; and was the founding director of the ENRLC in 2004. Professor Parenteau has an extensive background in environmental and natural resources law. His previous positions include Vice President for Conservation with the National Wildlife Federation in Washington, DC (1976-1984); Regional Counsel to the New England Regional Office of the EPA in Boston (1984-1987); Commissioner of the Vermont Department of Environmental Conservation (1987-1989); and Senior Counsel with the Perkins Coie law firm in Portland, Oregon (1989-1993).

Professor Parenteau has been involved in drafting, litigating, implementing, teaching, and writing about environmental law and policy for over three decades. His current focus is on confronting the profound challenges of climate change through his teaching, publishing, public speaking and litigation.

In 2005, Professor Parenteau received the National Wildlife Federation’s Conservation Achievement Award in recognition of his contributions to wildlife conservation and environmental education. In 2009, he was a co-recipient of the River Advocacy Award from the Connecticut River Watershed Council.

Professor Parenteau holds a B.S. from Regis University, a J.D. from Creighton University, and an LLM in Environmental Law from the George Washington U.

Communication Award for year’s Best Book. Voyage of the Turtle was a N.Y. Times Editors’ Choice. So was The View From Lazy Point; A Natural Year in an Unnatural World, which won the 2012 Orion Award. Nina Delmar and The Great Whale Rescue is his children’s book. In A Sea in Flames Safina chronicled the 2010 Gulf oil blowout.

Carl Safina has been profiled in the New York Times, Rolling Stone, and on Nightline; and he has been featured on PBS television, National Public Radio, Democracy Now, Bill Moyers’ special Earth on Edge, Martha Stewart and The Colbert Report.

Safina is founding president of the Blue Ocean Institute at Stony Brook University, where he also co-chairs the University’s Center for Communicating Science.

Audubon magazine named Carl Safina among its “100 Notable Conservationists of the 20th Century.” In 2011, Utne Reader listed him among “25 Visionaries Changing the World.” Among other laurels, he has won a Pew fellowship, a Guggenheim Fellowship, the John Burroughs Medal, the Rabb Medal from Chicago’s Brookfield Zoo, the James Beard medal, the Lannan Literary Award, two honorary doctorates, and a MacArthur “genius” Prize.

He hosts Saving The Ocean on PBS television.

ZYGMUNT PLATERZygmunt J. B. Plater is Professor of Law at Boston College Law School, teaching and researching in the areas of environmental, property, land use, and administrative agency law. Over the past 30 years he has been involved with a number of issues of environmental protection and land use regulation, including service as petitioner and lead counsel in the extended endangered species litigation over the Tennessee Valley Authority’s Tellico Dam, representing the endangered snail darter, farmers, Cherokee Indians, and environmentalists in the Supreme

Court of the United States, federal agencies, and congressional hearings. He was chairman of the State of Alaska Oil Spill Commission’s Legal Task Force over a two-year period after the wreck of the M/V Exxon-Valdez. He was a consultant to plaintiffs in the Woburn toxic litigation, Anderson et al. v. W.R. Grace et al., the subject of the book and movie A Civil Action. Drawing upon his work for the Exxon Valdez Oil Spill Commission he researched and consulted on responses to the BP Deepwater Horizon oil spill.

Professor Plater has taught on seven law faculties. While teaching public law for three years in the National University of Ethiopia, he redrafted the laws protecting parks and refuges, assisted in publication of the Consolidated Laws of Ethiopia, and helped organize the first United

Nations Conference on Individual Rights in Africa.

Articles Professor Plater has published include analyses of environmental law issues, private and public rights in land and resources, equitable discretion, administrative law, and related fields. Several of his articles have been cited in Supreme Court decisions. He is the lead author of Environmental Law and Policy: Nature, Law, and Society, now in its fourth edition, Aspen Publishers, 2010. His most recent articles focus on the interaction among environment, economics, and social governance. Several of his most recent articles focus on lessons from the BP Deepwater Horizon blowout and oil spill in the Gulf of Mexico. He was voted the recipient of the Emil Slizewski Faculty Excellence Award by the BCLS Class of 2000 and received the 2005 David Brower Lifetime Achievement Award presented by the Land Air Water Association at the Twenty-third International Public Environmental Law Conference.

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tory agencies, incidental takings represent a very real problem and a source of uncertainty for their day-to-day operations. In many instances takings may be unavoidable despite precautionary measures. This can put agencies and businesses in a precarious legal situation despite their best intentions. This discussion will focus on how some agencies/industries are navigating these waters and prospects for gaining greater certainty.• Jeff Collier, Director, Bureau of Water Supply, South Florida Water Management District• Bill Eubanks, Partner, Meyer Glitzenstein & Crystall• Geoff West, Environmental Manager, Wind Capital Group• Moderator: Julie Gabriel-Hill, Everglades Policy Associate, Audubon of Florida• Student Panel Assistants: Chris Johns, Casey Osborne

Reconciling Federal and State Interests in Endangered Species Protection (HOL 355B)An exploration of the challenges and opportunities that exist between all levels of government to improve endangered species protection. The panel will focus on ways to leverage resources and draw on the expertise of local, state, and federal agencies to inform regulatory decisions. Panelists will represent the different perspectives of government, conservation, and private land interests. • Dave Hankla, Field Supervisor, U.S. Fish and Wildlife Service (retired)• Amelia Savage, Hopping Green & Sams, P.A.• Jason Totoiu, General Counsel, Everglades Law Center• Michael Yaun, Deputy General Counsel, Florida Fish and Wildlife Conservation Commission• Student Panel Assistants: Matt Christ, Spencer Winepol

The Times they are A’Changing: Florida’s Listed Species and Climate Adaptation (HOL 285C)As our environment is rapidly subjected to a rapidly changing climate, endangered species face a critical crossroad. Shrinking habitats, shifting ecosystems, invading species, and temperature changes have affected species from almost every ecosystem, from coral reefs to the arctic tundra. How will endangered species adapt to the climate change and what should our human response be? • Whitney Gray, Sea Level Rise Coordinator, Florida Fish and Wildlife Conservation Commission, Florida Sea Grant• John Kostyack, Vice President of Wildlife Conservation, National Wildlife Federation• Jaclyn Lopez, Staff Attorney, Center for Biological Diversity• Moderator: Susan E. Cameron Devitt, PhD, University of Florida Department of Wildlife Ecology and Conservation• Student Panel Assistants: Elizabeth Turner, Aubrey Burris

LUNCH BREAK: 12:30 – 2 p.m.Special Event: 12:30 - 2 p.m. The Future of the Endangered Species Act (HOL 285B)

Panels

THURSDAY, FEBRUARY 21, 2013CHECK-IN & ON-SITE REGISTRATION: 5:30 – 6 p.m.MARCIA WHITNEY SCHOTT COURTYARD, LEVIN COLLEGE OF LAW

RECEPTION & CONSERVATION CLINIC POSTER SESSION: 6 – 9 p.m.MARTIN H. LEVIN ADVOCACY CENTER, LEVIN COLLEGE OF LAW• Opening Remarks: Robert H. Jerry, II, Dean and Levin Mabie & Levin Professor of Law, University of Florida Levin College of Law• Keynote Speaker: Carl Safina, founder of Blue Ocean Institute, Author, The View From Lazy Point; A Natural Year in an Unnatural World, Song for the Blue Ocean, Eye of the Albatross, A Sea in Flames: The Deepwater Horizon Oil Blowout, and more. See Dr. Safina’s biography on pages 5-6.

FRIDAY, FEBRUARY 22, 2013CHECK-IN & ON-SITE REGISTRATION: 8 – 10 a.m.MARCIA WHITNEY SCHOTT COURTYARD, LEVIN COLLEGE OF LAW

OPENING PLENARY: 9 – 10:45 a.m.CHESTERFIELD SMITH CEREMONIAL CLASSROOM HOL 180A Comprehensive Reflection on the 40-Year History of the Endangered Species ActThe Opening Plenary will be a comprehensive reflection on the 40-year history of the Endangered Species Act. From its inception, amendments, successes, challenges and now its role in the future, it remains one of the most impactful pieces of environmental legislation implemented in United States history.

Dr. Reed Noss will be focusing his remarks on the workings and effects of the ESA in Florida, and Mr. Don Barry will speak to national implications of the Act. • Introduction: Alexis Segal, LLM Candidate, University of Florida Levin College of Law; Waterkeeper/Executive Director, Biscayne Bay Waterkeeper• Donald Barry, Executive Vice President, Defenders of Wildlife• Dr. Reed Noss, Provost’s Distinguished Research Professor, University of Central Florida and President of the Florida Institute for Conservation Science

• Student Panel Assistant: Alexis Segal

MORNING SESSION: 11 a.m. – 12:30 p.m.To Take or Not to Take? The Migratory Bird Treaty Act and the Uncertainty of Incidental Takings (HOL 285B)The Migratory Bird Treaty Act lacks an incidental takings provision. Yet for many industries and regula-

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• Noah Greenwald, Endangered Species Director, Center for Biological Diversity• Donald Imm, Project Leader, U.S. Fish and Wildlife Service Panama City• Keith Rizzardi, Assistant Professor of Law, St. Thomas Law• Moderator: Howard Jelks, Fishery Biologist, U.S. Geological Survey, American Fisheries, The Jelks Family Foundation• Student Panel Assistants: Stephanie Carusillo, Chris Johns

Just Add Water: The Challenge of Developing a Habitat Conservation Plan for the Etowah Watershed (HOL 285C)The Endangered Species Act allows for the “incidental take” of endangered species provided, among other things, that the actor develops a Habitat Conservation Plan (HCP) acceptable to the US Fish and Wildlife Service. The HCP describes expected species impacts and how they are to be minimized or mitigated. This panel will discuss the unique problems that aquatic HCPs pres-ent. The focus will be on the Etowah HCP, which has been approved by the local government, but is still awaiting approval from the FWS.• Laurie Fowler, Associate Dean for Administrative Affairs and Public Service, Odum School of Ecology, Clinical Faculty, School of Law, University of Georgia• Mary Freeman, Assistant Research Ecologist, U.S. Geological Survey• Eric Prowell, Hydrologist, U.S. Fish and Wildlife Service• Moderator: Heather Halter Coll, Marine Biologist- Attorney, National Oceanic and Atmospheric Administration Fisheries• Student Panel Assistants: Amanda Broadwell, Marcelo Fiallos

AFTERNOON SESSION II: 4 – 5:30 p.m.Stormy Waters: Controversy in the Nearshore Marine Environment (HOL 285B)The waters just off Florida’s coast are a rich marine environment that supports numerous en-dangered and threatened species. Unfortunately, the nearshore is also a hub of human activities that can threaten the precarious existence of fragile species. Learn about the law and science surrounding two brewing controversies: The panel will discuss how commercial fish traps capture parrotfish, an important species whose algae grazing may hold the key to the survival of Caribbean Elkhorn and staghorn corals. We will also consider the Navy’s plans to build an undersea warfare training range off the coast of Jacksonville in the only known calving ground for the North Atlantic right whale.• Andrew Baker, Ph.D., Associate Professor, University of Miami Rosenstiel School of Marine and Atmospheric Science• Heather Halter Coll, Marine Biologist- Attorney, National Oceanic and Atmospheric Administra-tion Fisheries• Catherine Wannamaker, Senior Attorney, Southern Environmental Law Center• Student Panel Assistants: Nathan Nevins, Melissa Fedenko

Panels• John Kostyack, Vice President of Wildlife Conservation, National Wildlife Federation• Dr. Reed Noss, Provost’s Distinguished Research Professor, University of Central Florida• Dan Rohlf, of Counsel, Earthrise Law Center; Professor of Law, Lewis and Clark College of Law• Amelia Savage, Hopping Green & Sams, P.A.• Moderator: Tim Center, Executive Director, Sustainable Florida• Student Panel Assistant: Jesse Reiblich

AFTERNOON SESSION I: 2:15 – 3:45 p.m.Fur, Feathers & Flippers: Florida’s Statewide Beaches Habitat Conservation Planning Process (HOL 285B)Habitat Conservation Plans (HCPs) under the Endangered Species Act provide a framework that allows for projects that destroy habitat while mitigating impacts to federally listed species that may occur as a result. Currently, the Florida Department of Environmental Protection (FDEP), in cooperation with the Florida Fish and Wildlife Conservation Commission, is developing a plan to mitigate impacts to the beach ecosystem that could occur due to activities permitted by FDEP’s Coastal Construction Control Line Program. This statewide HCP would enable the FDEP Bureau of Beaches and Coastal Systems to obtain an incidental take permit from the U.S. Fish and Wildlife Service. This panel will give an overview of the general HCP development process, highlight some of the proposed mitigation plans and discuss the biological impact to species to be covered by the Florida Beaches HCP. It will also discuss the role of the applicant, how the HCP would affect state law, and the current status of the Florida HCP effort. • Gary Appleson, Policy Coordinator, Sea Turtle Conservancy• Kat Diersen, Project Manager for Florida’s Statewide Beaches Habitat Conservation Plan, Florida Fish & Wildlife Conservation Commission• West Gregory, Senior Assistant General Counsel, Florida Department of Environmental Protection• Moderator: Jame McCray, Conservation Clinic, University of Florida Levin College of Law; Ph.D. Candidate, Wildlife Ecology, University of Florida• Student Panel Assistants: Jame McCray, Annette Boone

The Listing Bomb: New Ammunition in the Water Wars? (HOL 355B)On July 12, 2011, the Center for Biological Diversity and the U.S. Fish and Wildlife Service reached an historic settlement that has the potential to add hundreds of imperiled species of plants and animals to the endangered species list by 2018. While this is a considerable victory for the scientists, attorneys and activists who worked for years to achieve this end, it brings with it a number of potential costs and hurdles that may yet cause significant problems. Hundreds of new species being listed means greater burdens for government agencies’ already strained resources and the political fallout from the settlement has the potential to be significant, as private industry and citizens face new regulatory burdens/restrictions. This panel will discuss potential ramifications this settlement will have for water resources management, regulatory burdens, staff resources, and political blowback.

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SATURDAY, FEBRUARY 23, 2013WORKSHOP: 9 – 11 a.m. (Martin H. Levin Advocacy Center Courtroom)Challenging Permitting Decisions Under Federal and State Endangered Species Protection LawsSponsored by the Public Interest Committee of the Florida Bar Environmental and Land Use Law Section

This public interest workshop is aimed at educating law students, practitioners, and the public about the legal protections afforded to endangered species. Speakers will work through a hypo-thetical fact pattern to illustrate the various ways in which citizens can enforce endangered species protections through the Endangered Species Act and state law. Audience participation and ques-tions are encouraged.• Paul Boudreaux, Professor, Stetson University College of Law• Jaclyn Lopez, Staff Attorney, Center for Biological Diversity• Michael Yaun, Deputy General Counsel, Florida Fish and Wildlife Conservation Commission

• Moderator: Jason Totoiu, General Counsel, Everglades Law Center

LUNCH BREAK: 11:30 – 12:15 p.m.SPECIAL EVENT: 11:30-1:30 p.m. Careers in Environmental and Land Use Law: What’s Out There and How Do I Get There? (HOL 270)This workshop will provide a broad overview of the current job market in the fields of environ-mental and land use law. A panel of experienced professionals will be on hand who represent the diverse range of public and private sector careers available for those interested in practicing this type of law. The panelists will provide invaluable tips and advice for landing a job in today’s economic climate. During the panel discussion, participants will be encouraged to ask questions on how to find, interview for, and land a rewarding career in these specialized practice areas.• James Choate, U.S. Army Corps. of Engineers• Heather Halter Coll, Marine Biologist- Attorney, National Oceanic and Atmospheric Administra-tion Fisheries• Byron Flagg, The Flagg Firm• Krystle Hoenstine, Florida Department of Environmental Protection• Carli Koshal, Bercow, Radell & Fernandez• Alexis K. Segal, Waterkeeper/Executive Director, Biscayne Bay Waterkeeper• Daniel Vazquez, Fine, Farkash & Parlapiano, P.A.• Student Panel Assistants: Nick Barshel, Valerie Fritts

PanelsDownlisting Endangered Species: Celebrating Success or Slippery Slope? (HOL 355B)The goal of placing species on the endangered species list is to prevent extinction and to promote population growth. But what happens when a species’ population size returns to sustainable levels? A debate has formed about whether downlisting a species on the endangered species list is a suc-cess that should be celebrated, or a possible danger to the current legal protections and future treat-ment of the species. This panel will explore the legal and ecological impacts of downlisting species and how local species could possibly be affected.• Rebecca Convery, J.D., LL.M. Candidate, University of Florida Levin College of Law• Noah Greenwald, Endangered Species Director, Center for Biological Diversity• Quint White, Executive Director, Jacksonville University Marine Science Research Institute• Student Panel Assistants: Heather Cooper, Dustin Mauser-Claasen

Upland Species and Property Rights (HOL 285C)This panel will explore the conflict between uplands species and habitat protection and private property rights in South Florida. In particular, the panel will address petitions filed on behalf of property owners to downlist and delist species, litigation to protect the habitat of endangered spe-cies in flood plains and the undeveloped uplands and wetlands associated with those flood plains, and ongoing research related to livestock predation by the Florida Panther in South Florida.• Alan E. DeSerio, Managing Attorney at the Atlantic Center, Pacific Legal Foundation• Caitlin Jacobs, Ph. D. Candidate, Wildlife Ecology and Conservation, University of Florida• Henry Lee Morgenstern, private wildlife attorney• Liesa Priddy, Commissioner, Florida Fish and Wildlife Conservation Commission; Owner of J.B. Ranch• Student Panel Assistants: Aaron Davis, Rebecca Convery

BANQUET: 7 – 10 p.m.Sweetwater Branch Inn The Zyg & Pat Show: Reflections on TVA v. Hill• Presentation of Student Fellowship: Mary Jane Angelo, Professor & Director of the Environmental & Land Use Law Certificate Program, University of Florida Levin College of Law• Introduction: Chelsea Sims & Rachael Bruce, J.D. Candidates 2013, PIEC Co-Chairs• Keynote Speakers: Patrick Parenteau, Professor of Law and Senior Counsel to the Environmental and Natural Resource Law Clinic, Vermont Law School. See Professor Parenteau’s biography on page 7.• Zygmunt Plater, Professor of Law, Boston College Law School. See Professor Plater’s biography on page 6.

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Panels

SPECIAL EVENT: 12:30-1:30 p.m. (Martin H. Levin Advocacy Center Courtroom)Ethics and Professionalism for Attorneys• Presented by Amy Mashburn, Professor of Law and Director of Lawyering and Professionalism Program, University of Florida Levin College of Law

CLOSING PLENARY: 1:45-3:15 p.m., Martin H. Levin Advocacy Center CourtroomThe Next 40 Years of Endangered Species ProtectionThis year’s PIEC Closing Plenary will employ a “town hall” format to debrief the Conference and focus on the next forty years of Endangered Species protection in Florida. • Janet Bowman, Director of Legislative Policy & Strategies, The Nature Conservancy• Manley K. Fuller, President, Florida Wildlife Federation• Laurie MacDonald, Florida Director, Defenders of Wildlife• Student Panel Assistant: Jesse Reiblich

Campus Map

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PARKING AT THE LEVIN COLLEGE OF LAW:Thursday: All parking restrictions are lifted at 5:30p.m.Friday: Please park in the green decal parking lots bordering the southern and eastern sides of the Levin College of Law. Parking restrictions in these lots have been lifted.Saturday: All parking restrictions are lifted on Saturday.

DIRECTIONS TO THE SWEETWATER BRANCH INN FROM UF LEVIN COLLEGE OF LAW:Sweetwater Branch Inn, 625 East University Ave., Gainesville, FL 32601 Head east (towards downtown) on University Avenue and follow it into downtown Gainesville. You will pass the courthouse and library on your right. Sweetwater Branch Inn is on the right-hand side just a little way past the library. Park across University Avenue at the Kirby Smith Center.

CLE CREDITSThe 19th Annual Public Interest Environmental Conference is approved for 13.0 General CLE credits and 1.0 Ethics CLE credit. Attendees may report their CLE credits online at www.floridabar.org using the course number 1200184N.

For more information on PIEC, visit http://www.law.ufl.edu/academics/concentration/elul/public-interest-environmental-conference.

Additional Information Special Thanks To Our Sponsors

FLORIDA PANTHER SPONSORS ($500 AND ABOVE)The Florida panther once ranged throughout the southeastern United States, but now survives in a tiny area of South Florida representing just 5 percent of its former range. It was listed as an endangered species in 1967 because of habitat destruction and fragmentation through urban sprawl. As of 2011, 100 to 120 Florida Panthers live in South Florida.• Florida Bar Environmental and Land Use Law Section• University of Florida Office of Sustainability• University of Florida Student Government• The Jelks Family Foundation, Inc.• Fine, Farkash & Parlapiano, P.A.• Ms. Gladys G. Cofrin• Satchel’s Pizza• GreenLAW: UF Law’s Environmental and Land Use Law Society

ATLANTIC BLUEFIN TUNA SPONSORS ($100 - $499)Marine fish provide 15 percent of all animal protein consumed by human beings. Fisheries management, however, has been outpaced by our population growth, causing global fisheries to collapse under the unsustainable pressure. Of greatest concern is the western Atlantic bluefin tuna that spawns in the Gulf of Mexico and has declined by more than 80 percent since 1970 due to overharvesting. Prized as a sushi fish around the world, it has become more valuable as it has become rare. One fish in 2011

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Special Thanks To Our Sponsors

sold for $396,000. • The Bagel Bakery• Representative Charles S. Chestnut, IV• Mr. Lawrence E. Sellers, Jr. & Mrs. Cathy M. Sellers• Michael & Carolyn Ansay• Fresh Market

LOGGERHEAD SEA TURTLE SPONSORS ($50 - $99)Ninety-five percent of the U.S. breeding population of loggerheads nests in Florida, whose human population has doubled in the past 30 years. Thanks to careful management, the species’ population increased 24 percent from 1989 to 1998, but under intense pressure from development and recreational beach use, it declined dramatically thereafter. The population has increased in recent years with 42,000 nesting attempts made on Florida beaches in 2011.• Dr. James P. Clugston & Mrs. Marilyn W. Clugston• Conservation Trust for Florida, Inc.• Publix Super Markets, Inc.• Elise M. Brawner• Steven Z. George• Heidi M. Boon

SNAIL DARTER SPONSORS ($1-$49)As a listed endangered species in 1976, the Snail Darter is infamous for halting the Tennessee Valley Authority’s construction of one of the largest dam construction projects in the United States. A cause of action to protect the Snail Darter under the Endangered Species Act made its way to the Supreme Court, which held that legislation under the Endangered Species Act indicated beyond doubt that Congress intended endangered species to be afforded the highest of priorities. This small fish paved the pathway for the Endangered Species Act as we know it today.

Amrutha AgarwalTeri AnastasioWilliam AndersonMary Jane AngeloTom AnkersenAmanda AyersMatt BakerSean BedfordMichael BenderAmanda Birrenkott

Rob BirrenkottElise BrawnerGreg BrennerAmanda BroadwellRachael BruceCindy Kay CarpenterSandy ChiuMatt ChristNeal CohenRebecca Convery

Aaron CrittendenSamantha CulpElisabeth DiamondAshley EsparzaMarcelo FiallosOmar FidaSaira FidaZameera FidaAlexandra GardenerStephanie Generotti

SPECIAL THANKS• The Public Interest Committee of the Florida Bar Environmental and Land Use Law Section• Marlene de Yccaza, Renaissance Printing, 2013 PIEC Logo Artist• Whitney Smith, James Ayres, Matt Walker, UF Law Communications• Michelle Ocepek, Director, Student Programs, UF Levin College of Law• Lindsay Segawa, Accounting Coordinator III & Financial Supervisor, UF Levin College of Law• Colleen Flage, Public Functions Coordinator, UF Levin College of Law

Samantha GeorgeSteven GeorgeKara GodwinSarah GravinaDavid HansonWes HensonCourtney HeronChristopher JohnsKyle JohnsonWill KearneyCarole L. KoesterChelsea KoesterGio LaflotteAndrick LewisSteven LudoviciKaren Lui

Mark LuiSara Rose LuiAndrew LynnNalowa MalafaKate MaurerStephen MccullersJulie Rose MidgettePaul O’QuinnAlex PaezCaitlin PomeranceMick PoppTheodore RandlesJanine RazzeJesse ReiblichNatalie RellaMelanie Rolle

Grant SchnellAdam SchurleAlexis SegalChelsea SimsWes StephensDanielle TamirSumer ThomasNatalie TuraniczoJeremy WaksBobby WalshGrant WeinkamMax WihnykMary WilkowskiMonique Wilson

University of Florida Levin College of Law

P.O. Box 117625Gainesville, FL 32611

(352) 273-0777