Staying Afloat

8/14/2019 Staying Afloat

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Staying A oat

Adapting to Climate Change on

the Gulf and Beyond


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Brian Bromberger- Dean, Loyola College of Law

Robert Verchick- Faculty Advisor (on leave)Samuel Steinmetz- Assistant Director, Loyola Center for Envtl Lawand Land Use

Dan Worth- Executive Director, National Association of Environ-mental Law Societies

Sarah Johnson- President, Loyola Environmental Law SocietyWhitford Remer- Chair, 2010 NAELSBailey DeRouen - Co-Chair, 2010 NAELSTara Myers- Co-Chair, 2010 NAELSCaitlin Byars- Lodging and TransportationLindsey Crow- Student OutreachLydia Fakes- Couch Surfing CoordinatorMegan Hudson-Volunteer CoordinatorRene Merino- Conference HistorianTara Mikhail- CommunicationsJoseph Moore- Site OperationsRon Ramirez- Treasurer

Abraham Sandel - Program Designer

Michael Schachtmanm- Food and EntertainmentKate Trotter- Marketing and Outreach

Welcome to New Orleans and the 2010 National Association o Environ-mental Law Societies (NAELS) Annual Conerence! It is a great pleasure or Loy-ola University New Orleans College o Law to host this years conerence - StayingAfoat: Adapting to Climate Change on the Gul and Beyond.

The theme o the conerence has both a fgurative and literal approach orNew Orleans and coastal communities across the globe. Climate change presentsan assortment o oreseeable and unorseeable risks with wide ranging implica-tions. It is important we begin to recognize risks, evaluate trends, and adjust ouractions accordingly. While we still maintain the fght to prevent the worst potentialclimate change catatstrophes, we must plan or those changes we cannot prevent,the changes we must adaptto.

New Orleans is no stranger to the consequences o inaction. The devestat-ing atermath o Hurricane Katrina in New Orleans dramatically illustrated theailure o government to recognize risks and crat eective and proactive environ-

mental policy. However, as the fth anniversary o Katrina approaches, we reportbuoyant news rom New Orleans. For the frst time in the Citys history, New Or-leans has adopted a comprehensive master plan that specifcally recommends thatthe City account or climate change and anticipated global sea level rise to meetnew community standards or resilience and sustainability.

Climate adaptation policies are taking shape across the nation as commu-nities begin to recognize their own vulnerabilities and the risks pos ed by climatehazards. Just last October, in Comer v. Murphy Oil, a three judge panel o theU.S Fith Circuit reversed a District Court dismissal o nuisance claims related todamagerom Hurricane Katrina, and allowed plaintis to rely on allegations o acausal link between greenhouse gas emissions, global warming, and the destructiono the plaintis property by rising sea levels and the added erocity o HurricaneKatrina.

With all o the exciting legal developments surrounding climate change,NAELS elt it was particularly important to highlight the oten disproportionateadverse eects on environmental justice communities. We hope this ocus will stim-ulate continued interest in the social justice movement. Helping marginalized com-munities adapt to climate change by increasing awareness can create saer, moreequitable, and sustainable places or all o us.

We would like to thank the aculty and administration o Loyola UniversityNew Orleans and the College o Law or their generosity and support. We wouldalso like to thank our keynote speakers and distinguished panelists or joining us inthis important discussion. Finally, we extend a special welcome to member groupso the National Association o Environmental Law Societies (NAELS). As we sayin New Orleans, Laissez Les Bon Temps Rouler!

Staying Afloat

Adapting to Climate

Change on the Gulf

and Beyond

NALES 2010 Planning Committee


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John M. Barryis a prize-winning and New York imes bestselling au-thor whose books have won more than twenty awards. In 2006 the National

Academies invited him to give its annual Abel Wolman Distinguished Lecture

on Water Resources . He is the only nonscientist ever to give that lecture. In

1998 Rising ide: Te Great Mississippi Flood o 1927and How It Changed

America, won the Francis Parkman Prize o the Society o American Historians

or the years best book o American history. Mr. Barry currently serves on the

Southeast Louisiana Flood Protection Authority East & Coastal Protection

and Restoration Authority or Louisiana. Mr. Barry will present on the unique

topic o oodplain management, and how low lying and deltaic communities

must respond and adapt to climate change.

Michael Gerrard is the Proessor o Proessional Practiceand Director o the Center or Climate Change Law at Columbia Law School.

Until late 2008, he headed the New York oce o Arnold & Porter LLP and its

environmental practice, and he is currently Senior Counsel to the rm. He has

practiced environmental law in New York since 1979. He was the 2004-2005

chair o the American Bar Associations 10,000-member Section o Environ-

ment, Energy, and Resources, and authored Global Climate Change and U.S.

Law. Legal Media Groups Guide to the Worlds Leading Environment Lawyers,

based on 4,000 questionnaires, reported that Mr. Gerrard received more per-

sonal nominations or this guide than any other lawyer in the world. We are

excited to eature one o the oremost climate change lawyers to join us or the

conerence.

Amory Lovins co-author oNatural Capitalism: Creating theNext Industrial Revolution, is the coounder, Chairman, and Chie Scien-tist at the Rocky Mountain Institute in Snowmass, Colorado. Published in 29

books and hundreds o papers, he advises governments and major rms world-

wide on advanced energy and resource eciency, and has led the technical re-

design o more than $30 billion worth o acilities in 29 sectors to achieve very

large energy savings at typically lower capital cost. Mr. Lovins presentation at

2010 NAELS will ocus on how major industries can use new and innovative

technology to increase eciency and curb overall green house gas emissions.

Richard Louv is an author and journalist ocused on nature, am-ily and community. His most recent book, Last Child in the Woods: Saving

Our Children From Nature-Defcit Disorder, has stimulated an internation-

al conversation about the uture relationship between children and nature,

and has helped spawn a movement that is now moving into the international

sphere. Richard has written or Te New York imes, Te Washington Post, and

many other newspapers and magazines. In 2008, he was awarded the Audubon

Medal by the National Audubon Society. Mr. Louv is also the Chairman and

Co-Founder o the Children and Nature Network. Important to 2010 NAELS

is the role children and diet will play in how communities and land use practices

respond and adapt to climate change.

F. Gerald Maples is the ounder and senior attorney in the NewOrleans based law rm, F. Gerald Maples, P.A. He has over thirty years experi-

ence in toxic disease and environmental contamination cases and has represent-

ed over twenty thousand industrial disease victims as well as property owners

who have suered the eects o environmental pollution. In the afermath o

Hurricane Katrina the rm led two uniquely important cases. One case, St.

Bernard Parish Government vs. USA, involves the taking o property rights by

the United States Government due to the man-made destruction o Louisiana

wetlands by the United States Army Corp o Engineers. Te other case, Comer

vs. Murphy Oil, et al . is a decision by the Fifh Circuit Court o Appeals that

establishes the undamental jurisdictional, standing, and redressability require-

ments that orm the basis o climate change litigation. In recognition o the

victims o Hurricane Katrina, and the countless uture victims o man-made

global warming, Mr. Maples has established a non-prot organization designed

to bring help to cl imate change victims called Footnote18.

Dr. Beverly Wright is a proessor o Sociology and the ound-ing director o the Deep South Center or Environmental Justice (DSCEJ). For

more than a decade, Dr. Wright has been a leading scholar, advocate, and activ-

ist in the environmental justice arena. In October o 2009, Dr. Wright received

a Heinz Family Foundation award or her work in environmental justice. She

has created a unique center ormerly at Xavier University currently at Dillard

University in New Orleans, Louisiana. Te DSCEJ is one o the ew communi-

ty/university partnerships that addresses environmental and health inequities

in the Lower Mississippi River Industrial Corridor, the area commonly reerred

to as Cancer Alley. Dr. Wright will present on how environmental justice com-

munities are aected by climate change.

Key Note Speakers


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im Duggan- Landscape Architect, Make It Right Foundation

Denise J. Reed- Proessor and Interim Director, Pontchartrain Institute or

Environmental S ciences

Stephen D. Villavaso- Planner, Villavaso and Associates

International Environmental Law:Copenhagen and BeyoND

With the recent close o the Copenhagen Climate Summit, developed and developing na-tions ailed to ormalize a treaty that would address global climate change. Tis panel willlook at international climate change law and analyze the ramework that spawned this rapidlygrowing legal eld, what exactly we can take away rom Copenhagen, and what the utureholds in terms o a global climate treaty.

Markus G. Puder- Associate Proessor, Loyola University New Orleans, Colleg e o LawDurwood J. Zaelke- President, Institute or Governance and Sustainable Development

Moderator: James Patrick Schuster, Loyola International Law Society

Know What It Means to Be New Orleans:A Geographical, Historical, and CONTEMPORarY Exam-

ination of the Big Easy

New Orleans has been described as an unnatural metropolis. Discover the unique, suscep-tible, but un-accidental location o the city. Panelists will explore the settlement, rebuilding,and uture oot-print o one o Americas most beloved treasures. What risks does climatechange pose to New Orleans, and what decisions can be made to adapt and protect the city?

Craig E. Colten- Proessor, Louisiana State University Department o Anthropology

Oliver A. Houck Proessor o Law, ulane University Law School

Sandy Rosenthal - Founder, Levees.org (invited)

Moderator: Alexandra Giancarlo, Louisiana State University

Energy and Economics:The Intersection of Wealth, Watts, and Weather

Energy eciency and production will provide opportunities or innovative engineering dur-ing the next century. With innovation comes cost savings, the shifing value o natural re-sources, market reaction, and the chance to tap into clean, new sources o energy.

Robert B. McKinstry, Jr.- Attorney, Ballard Spahr, LLP

Mary Ellen ernes- Attorney, McAee & af

Je Williams- Director o Climate Consulting, Entergy Corporation

Moderator: Brad Driscoll, Loyola ax Law Society

Environmental Justice Plenary:No Place Like Home: Environmental Justice on the

Front Lines of Climate Change

Te IPCC reports that low-income and minority populations are the most susceptible toclimate change. Explore how reduced winter icepack threatens native Alaskan Inuit tribes,how hurricanes and sea level rise are orcing the coastal Louisiana Houma Indian tribe toconsider relocating to higher ground, and the human health impacts o heavy industry insouthern Louisiana.

Victor B. Flatt- University o North Carolina at Chapel Hill School o Law

Monique Harden- Co -Director & Attorney, Advocates or Envtl Human Rights

Brenda Dardar Robichaux- Principal Chie, United Houma Nation

Joel Waltzer - Attorney, Waltzer and Associates

Moderator: Joel Devalcourt, President, University o New Orleans Action Coalition or Racial, So-

cial, and Environmental Justice

Staying Afloat:Adapting to Climate Change oN the Gulf and

Beyond

Our eatured panel, Staying Afoat,is an opportunity to explore critical topics related toclimate change adaptation. Tis panel eatures some o the oremost thinkers o adaptation

policy and planning. Panelists will survey current ederal policy, agency rules, and providecommentary on specic public inrastructure projects.

Dr. Elizabeth English- Director, Buoyant Foundation Project and Associate Proessor

o Architecture, University o WaterlooJames E. Neumann- Principal, Industrial Economics, Incorporated

J.B. Ruhl- Proessor o Law, Florida State University College o Law

Moderator: Sarah Johnson, President, Loyola Environmental Law Societ y

Toward a Sustainable Future: Finding the Most Sus-tainable Approaches to Land Use Decision Making

Understanding the interaction between people and land is critical to implementing eec-tive environmental policy. With hal o the worlds population now living in coastal cit-ies, and more than hal o citizens o the United States living in areas protected by levees,managing natural hazards is a key component to building saer communities. With moreintense and requent storms, recurring ooding, and sea level rise, a new look must be g ivento National Flood Insurance Program and practices undertaken by the Army Corps o En-

gineers, and other land use policies.

Panels


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Ecosystem services: the unexpected lagniappe

In Louisiana, lagniappe means a little something extra. Historically, the people o Louisianahave lived o the wetlands and the valuable services they provide. Discover the immense valuethat wetlands play in storm surge reduction, aquatic industries, and the protection o valuableinrastructure.

J.B. Ruhl- Proessor o Law, Florida State University College o Law

Dr. Robert A. Tomas- Director, Loyola Center or Environmental Communication

Environmental Justice Policy

What can government agencies do to better protect environmental jusice communities? Exam-ine the role o how land-use policy disproportionately aects these communities, and the long

term consequences.

Dr. Earthea Nance- Assistant Proessor, Te University o New Orleans Department o

Planning and Urban Studies

Michael J. Walker- Senior Enorcement Counsel or Administrative Litigation,

U.S. EPA, Oce o Enorcement and Compliance AssuranceDr. Beth Willinger- Research Proessor and Executive Director Emeriti, Newcomb

Center or Research on Women, ulane University

Moderator: Anna Levin - President, Loyola Public Intrerst Law Group

Trouble the Water:How Climate Change Affects the Hydrologic Cycle

Whether by drowning or dehydration, one thing is or certain- climate change will dramatically

aect the quality, quantity, and distribution o the worlds water supply. Locally, our wetlandsand water supplies have been degraded by energy exploration and rening, cypress logging,wetlands development, and the likely prospect is that a changing climate will have even greaterimpacts. Climate change is predicted to reduce snowpack, increase ooding, intensiy drought,and shif seasonal weather patterns. Te eect o climate change on the water cycle could be themost severe and devastating consequence to people, ecosystems, crops, and communities.

Mark S. Davis - Director, Institute o Water Resources and Policy, ulane University

Randy Hill - Deputy Director, U.S. EPA, Oce o Wastewater Management

Ray Manning - President, Manning Architects

Moderator: Allison Shipp - Chair, 15th Annual Tulane Summit on Environmental Law and Pol-

icy

Regulation and Science:The Backbone of Effective Environmental Protection

We must rely on science to keep us sae. Science is translated into policy in the orm oregulation. Current climate science tells us that greenhouse emissions are creating an unsaeenvironment or us to continue the status quo. How will the Environmental ProtectionAgencys endangerment nding help mitigate greenhouse gases ? What type o policies canhelp encourage us to build saer and more resilient communities?

Sidney A. Shapiro- Associate Dean or Research and Development, Wake Forest

University School o Law

Dr. Wilma Subra- Chie Chemist, Louisiana Environmental Action Network

Michael J. Walker- Senior Enorcement Counsel or Administrative Litigation, U.S.

EPA, Oce o Enorcement and Compliance Assurance

Moderator: Samuel Steinmetz, Assistant Director, Loyola Center for Environmental Law and

Land Use

Hard Choices in Southern Louisiana:Coastal subsidence and rising ocean waters

Hurricanes Katrina and Rita turned 100 square miles o marsh into open water. Globalwarming exacerbates this trend - current projections are the loss o most o Southern Loui-siana and New Orleans. Is coastal restoration the magic bullet? Do attempts to save NewOrleans and other towns only hasten the destruction o the wetlands, while postponing theeventual deluge? Are environmentalists being blinded by social justice claims?

Dr. Ivor van Heerden-Center or the Study o Public Health Impacts o Hurricanes

Edward P. Richards- Proessor, Louisiana State University Law School

Cynthia Sarthou- Executive Director, Gul Restoration Network

Moderator: Beaux Jones, Vice Pesident Louisiana State University Evntl Law Society

Branching Out:Federalism, Constitutional Issues, and the Political

Question Doctrine

Go out on a limb and explore the lofy world o our court system and the dicult environ-mental cases it considers. From recent Supreme Court decisions- to those that can not beheard- panelists will discuss recent trends and important cases related to climate change andthe environment.

Vicki Arroyo- Executive Director, Georgetown State and Federal Climate Resource

Center, Georgetown Law

James R. May- Associate Director, Widener Environmental Law Center

Moderator: Quiniton Bell, President, American Constitution Society, Loyola College of Law


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ScheduleThursday, March 4

9:00 a.m. Registration Opens

Location: The Joseph A. Danna Student Center

Loyola University New Orleans

6363 St. Charles Avenue, New Orleans, LA 70118.

10:00 a.m. Service trip departs

Join 2010 NAELS to help restore the coast as we partner with Bayou Rebirth and the

American Bar Associations One Million Trees Project- Right Tree at the Right Place

at the Right Time.

Shuttle will depart from the horseshoe-parking circle located at the front of the main

campus of Loyola University New Orleans

6363 St. Charles Avenue, New Orleans, LA 70118

Lunch will be provided.

4:30 p.m. Service Trip Returns

7:00 p.m. Pre-Screening Wine Reception

Location: Loyola University New Orleans, College of Law, Room 405

526 Pine Street, New Orleans, LA 70118

7:30 p.m. Film Screening of Tapped

Tapped examines the role of the bottled water industry and its effects on health,

climate change, pollution and reliance on oil. The screening is jointly sponsored by

the Tulane Environmental Law Society and is free and open to the public.

Location: Loyola University New Orleans, College of Law, Room 405

526 Pine Street, New Orleans, LA 70118

Friday, March 58:00 a.m. Registration Opens

Location: Joseph A. Danna Student Center, main campus



9:00 a.m. Opening Invocation

Father Vien Nguyen, Pastor, Mary Queen of Vietnam Catholic Church

Location: St. Charles Room, Joseph A. Danna Student Center

9:10 a.m. Breakfast Keynote: Dr. Beverly Wright , Executive Director, Deep South Center

for Environmental Justice

Introduction by Tiffany Tate- President, Loyola Black Law Student Association


10:15 a.m. Panel

No Place Like Home: Environmental Justice on the Front Lines of Climate

Change CLE Approved

Location: Audubon Room, Joseph A. Danna Student Center

12:10 p.m. Lunch Keynote: John M. Barry, Author, Rising Tide: The Great Mississippi

Flood of 1927 and How It Changed America

Introduction by Mona Eubanks, President, Loyola Maritime Law Society


1:15 p.m. Panels

A: Toward a Sustainable Future: Finding the Most Sustainable Approaches to

Land Use Decision Making


B: International Law: Copenhagen and BeyondCLE Approved

Location: Miller Hall, Room 114

2:30 p.m. Break

3:00 p.m. Panels

A: Know What It Means to Be New Orleans: A Geographical, Historical, and

Contemporary Examination of the Big Easy

Location: Audubon Room, Joseph A.Danna Student Center


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B: Energy and Economics: The Intersection of Wealth, Watts, and Weather -

CLE Approved


4:30 p.m. Break

5:00 p.m. Cocktail/Jazz Reception

Location: Entertainment Patio, Joseph A. Danna Student Center

6:15 p.m. Keynote: Richard Louv - Author, Last Child in the Woods: Saving our Children

fromNature-DecitDisorder

Introduction by Whitford Remer, Chair, 2010 National Association of

Environmental Law Societies Conference

Location: Nunemaker Auditorium, 3rd Floor, Monroe Hall

7:00 p.m. Closing Remarks

Saturday, March 68:00 a.m. Registration Opens

Location: Joseph A. Danna Student Center, main campus



8:10 a.m. Opening Invocation

Alison McCrary, Cabinet Director, Mission and Identity, Loyola College of Law


8:15 a.m. Welcoming Remarks

James R. May, Law Student Outreach, American Bar Association, Section of

Energy Environment and Resources


8:30 a.m. Breakfast Keynote: Michael B. Gerrard - Director, Center for Climate Change

Law, Columbia Law School - CLE Approved

Introduction by James May, Law Student Outreach, American Bar Association,

Section of Energy Environment and Resources


9:30 a.m. Panel

Staying Aoat: Adapting to Climate Change on the Gulf and Beyond -

CLE Approved


10:45 a.m. Break

11:00 a.m. Panels

A: Ecosystem Services: The Unexpected Lagniappe


B: Environmental Justice Policy - CLE Approved


12:30 p.m. Lunch Keynote: F. Gerald Maples - Founder, F. Gerald Maples, P.A.

Introduction by Samuel Steinmetz, Assistant Director, Loyola Center for

Environmental Law and Land Use


1:45 p.m. Panels

A: Trouble the Water: How Climate Change Affects the Hydrologic Cycle -

CLE Approved

Location:St. Charles Room, Joseph A. Danna Student Center

B: Regulation and Science: The Backbone of Effective Environmental

Protection - CLE Approved

Location:St. Charles Room, Joseph A. Danna Student Center

3:00 p.m. Break

3:15 p.m. Panels

A: Branching Out: Federalism, Constitutional Issues, and the Political

Question Doctrine - CLE Approved


B: Man or the Environment: Hard Choices in Southern Louisiana


5:00 p.m. Dinner Keynote: Amory B. Lovins - Cofounder, Rocky Mountain Institute

Introduction by Dan Worth, Executive Director, National Association of

Environmental Law Societies



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Sunday, March 710:00 a.m. Field Trip

Meet at Loyola for a tour of the historic Lower 9th Ward, Make It Right, Global

Green, and Andy Street Warf.

Led by Darryl Malek-Wiley, Sierra Club Environmental Justice Organizer. Co-

sponsored by the Loyola National Lawyers Guild.

Location: Field Trip Shuttle will depart from the horseshoe-parking circle located at

the front of the main campus of Loyola University

6363 St. Charles Avenue, New Orleans, LA 70118. Lunch will be provided.

2:00 p.m. Field Trip Returns

Conference adjourned. See yall next year!

Arrow 1: Danna Student Center, Main Campus

Arrow 2: Horseshoe-Parking Circle

Arrow 3: Nunemaker Auditorium Monroe Hall

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Main Campus MapLoyola University New Orleans

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The Environmental Law Society would like to the following forsupporting the 2010 NAELS Conference:

Dean Brian Bromberger andThe Ofce of the Dean, Loyola College of Law

With additional support from: A Friend of Loyola College of Law

M k d M i S t

Documents

Staying Afloat