Recent News
Professor David Hunter Comments on Executive Order "Promoting International Regulatory Cooperation"
Program Director David Hunter wrote a blog, "Executive Order Embraces International Regulatory Race to the Bottom as Official Administration Policy," warning people about the potential negative ramifications of President Obama's new Executive Order. The Executive Order is designed to "reduce, eliminate or prevent unnecessary differences in regulatory requirements," which, on its face, does not seem to be a problem; however, it will likely lead to more deregulation and fewer environmental protections. Regulations help protect the environment, public health, and safety. Professor Hunter points out that an Executive Order designed to promote international regulatory cooperation and to eliminate differences in country's regulatory requirements could lead to an upward harmonization of policies that would promote efficiency and environmental protections. However, he also points out that is not the case here.
Read more about Professor Hunter's take on the new Executive Order at the Center for Progressive Reform's blog. David Hunter is a Member Scholar of the Center for Progressive Reform and occasionally blogs on topics related to environmental law.
ELS Celebrates Earth Day 
Every April 22, people across the country celebrate Earth Day! As part of this celebration the Environmental Law Society encouraged their fellow law students, their professors, and all at WCL to pledge to do their part to protect the environment. At right, ELS students collect people's pledges for what they will do to reduce their carbon footprint, for example, riding a bike to law school rather than driving a car. ELS knows that every little bit counts and everyone can do something small in an effort to have a greener future for our planet and future generations.
PICEL Staff and Students Participate in the World Bank Spring Meetings
The World Bank and International Monetary Fund held their annual Spring Meetings and coinciding Civil Society Policy Forum from April 18 to April 21, 2012. Professor David Hunter and Program Coordinator Erika Lennon lead a WCL team of students including Tom Richards (JD candidate, 2014), Yulia Genin (ILSP LL.M. candidate), and Gregory Arnoult (ILSP LL.M. candidate). During the Spring Meetings the WCL team interacted with Bank staff and other civil society organizations in discussions about topics ranging from jobs for youth and coal development to environmental and social safeguards and accountability mechanisms. The discussions allowed for learn opportunities, networks, and advocacy. Additionally, Professor David Hunter served as a moderator for a number of panels including ones on the Chad-Cameroon Pipeline (a World Bank project that highlights the downfalls of the resource curse) and a new grievance mechanism at the World Bank focused on problem-solving. He also moderated a panel at an event on EIR+10, which looked at where we've come since the Extractive Industries Review ten years ago, and his panel focused on affected communities and indigenous peoples.
PICEL Co-Hosts Conference on Rio+20 and Beyond with the International Environmental Law Committee of the ABA Section on International Law and CIEL, amongst others
On April 10, 2012, the Program on International & Comparative Environmental Law co-hosted a half-day conference with the Committee on International Environmental Law of the ABA Section on International Law, the International Environmental Law 
Committee of the ABA Section on Energy, Environment, and Resources, the Center for International Environmental Law, the American Society for International Law, the WCL Environmental Law Society, and the WCL Sustainable Development Law & Policy publication on the Road to Rio+20 and Beyond. The conference featured two panels of experts discussing the development of international environmental law and sustainable development. The first panel looked at where we've come since the Earth Summit in Rio in 2002 and what advances, or lack there of, have been made in international environmental law and looked ahead to what may happen this June in Rio. The first panel was moderated by Kim Smaczniak (DOJ Environment and Natural Resources Division) and panelists included: Jacob Scherr (NRDC), David Downes (Dept. of Interior), Marcos Orellana (CIEL), and Claudia de Windt (OAS Dept. of Sustainable Development). The panelists all acknowledged that there has been a lack of leadership from anyone, including Brazil, in the lead up to this conference and that unlike in 2002, there was significant less excitement and hope. Additionally, the panelists discussed the fact that the principles of the Rio Declaration are still not as widely accepted as one might have hoped. Panelists provided a variety of 
perspectives including the state of the world and the variety of actors now involved in the discussion, the role of science and movement into the anthropocene era, the relationship between human rights and the environment and the need to use human rights as a lens, and the development of environmental law in Latin America. Following this discussion, the second panel looked at where we are going and what was going to happen in international environmental law following Rio+20. The panel was moderated by Ken Markowitz (Akin Gump Strauss Hauer & Feld; International Network for Environmental Compliance and Enforcement) and panelists included: Amy Fraenkel (UNEP Regional Office of North America), Charles DiLeva (World Bank), and Niranjali Amerasinghe (CIEL). This discussion focused on the need for better enforcement of environmental laws and the movement away from treaties as the main source of international environmental law.
Watch the Webcast!
See the Agenda.
Professor Amanda Leiter Publishes Article
Professor Amanda Leiter and Kevin Haroff published "On the Merits: EME Homer City Generation, L.P. v. U.S. Environmental Protection Agency," in On the Merits, an educational publication of the Washington Legal Foundation that provides a concise and timely analysis of pending litigation. Professor Leiter and Haroff discuss EME Homer City Generation, L.P. v. EPA, which is a case in the U.S. Court of Appeals for the District of Columbia Circuit that focuses on the Clean Air Act.
SDLP Hosts Annual Symposium, "On the Brink: Environmental Conflicts Along the Path Towards Sustainable Development"
On March 19 the Sustainable Development Law & Policy publication held a symposium entitled "On the Brink: Environmental Conflicts Along the Path Towards Sustainable Development." This event focused on challenges and opportunities in the development of alternative energy resources, development of public lands and natural resources, and international resources conflicts. The opening panel focused on the development of energy resources. Panelists from the Sierra Club spoke about oil development and the environmental movement's fight against oil development, especially the Keystone XL pipeline, while her co-worker discussed the transportation bill being discussed in Congress. They were followed by panelists who discussed wind energy development, carbon taxes, and solar development. The second panel focused specifically on the development of public lands and extraction of natural resources. Representatives from the government, law firms, and NGOs debated this topic. Lastly, the symposium concluded with a keynote address from Carl Bruch who discussed international resources conflicts. His discussion touched on issues such as water wars, post-conflict resource development, and international environmental law.
See the Agenda.
PICEL Co-Hosts Post-Kiobel Celebration with EarthRights International and Harvard Law School's Human Rights Clinic (update) 
On Tuesday, February 28, 2011, the U.S. Supreme Court heard oral arguments in Kiobel v. Royal Dutch Petroleum (Shell) to decide whether corporations can be sued in U.S. courts for human rights abuses under the Alien Tort Statute. The case arose following the execution of Nigerian citizens who were protesting the oil exploration and exploitation that Royal Dutch Petroleum was undertaking. The majority of cases involving corporate accountability for human rights abuses in the U.S. have been litigated under the ATS, which is a statute created by the Founders in 1789. In celebration of Kiobel being argued, EarthRights International (which has been working on this case and frequently litigates cases using the ATS), Harvard Law School's Human Rights Clinic, and WCL held a celebration at Busboys and Poets to honor Paul Hoffman, lead counsel at the 
Supreme Court, and all those who have worked to help bring the corporation to justice for human rights abuses. The celebration brought together law students and lawyers. This celebration allowed everyone to discuss the case and re-connect, and celebrate the on-going work begin done to protect human rights and the environment.
To read a transcript of the oral argument in Kiobel, click here. The Supreme Court announced on March 5 that it would not be issuing a decision in Kiobel this term as was expected, but instead ordered the re-argument of the case and asked parties to brief the issue of "whether and under what circumstances the Alien Tort Statute ... allows courts to recognize a cause of action for violations of the law of nations occurring within the territory of a sovereign other than the United States." Thus, Kiobel will know likely be re-heard in the October term.
Images: At top right, Katie Redford, Co-Founder and U.S. Office Director of EarthRights International, discusses the case with WCL students Chelsea Tu and Upasana Khatri. At bottom left, a view of the celebration.
David Hunter Blogs About Reasons the U.S. Should Ratify the Agreement on the Conservation of Albatrosses and Petrol
Professor David Hunter, PICEL Program Director and a Center for Progressive Reform (CPR) member scholar blogged about the reasons the United States should ratify the Agreement on the Conservation of Albatrosses and Petrol. The U.S. signed the agreement to protect these two migratory bird species, but the Senate has yet to ratify the Agreement. Both the Bush and Obama administrations supported the ratification of this Agreement, however, as is often the case with environmental agreements, the Senate has failed to ratify.
Read CPR's blog to find out the many reasons that the U.S. should ratify the Agreement and show its willingness to cooperate internationally to protect these birds.
Women and the Law Program Hosts "Fertile Ground: Exploring the Intersection Between the Reproductive and Environmental Justice Movements"
On Thursday, February 23, the Women and the Law Program hosted an event on exploring the intersection between the reproductive and environmental justice movements. Women and communities living in economically disadvantaged areas, disproportionately suffer exposure to harmful chemicals from environmental hazards which pose serious consequences for their reproductive health. Both the reproductive justice and environmental justice movements focus on improving socioeconomic and environmental conditions for communities living in poverty. Despite their similarities, these movements have historically operated on parallel tracks, often working in isolation. The panelists discussed the intersection of these two movements and strategies for future collaboration. The panel was moderated by Daniela Kraiem, Associate Director of the Women and the Law Program, and included Kimberly Inez McGuire (Policy Analyst, National Latina Institute for Reproductive Health); Jill C. Morrison (Senior Counsel, National Women's Law Center); Michele Roberts (Campaign & Policy Coordinator, Advocates for Environmental Human Rights); and Vernice Miller-Travis (Vice-Chair, Maryland State Commission on Environmental Justice and Sustainable Communities). Daniela Kraiem, Associate Director of the Women and the Law Program, will moderate the panel.
Watch the Podcast!
WCL Environmental Law Students Compete in the Pace Law School National Environmental Law Moot Court Competition
Josh Fieldstone, Jacqui Shelton, and Chelsea Tu represented WCL at the Twenty-Fourth Annual National Environmental Law Moot Court Competition (NELMCC) held by Pace Law School from February 23-25, 2012. Professor Amanda Leiter coached the team and worked with them to prepare them for the competition. The WCL team traveled to White Plains, NY to compete against over 60 law schools from across the United States. Prior to going to Pace Law School for the oral rounds of the competition, the team worked together to write an appellate brief that required them to do extensive research into environmental law, including the Clean Water Act and National Environmental Policy Act, and administrative law. This competition allowed the WCL team to take a detailed look at some of the environmental statutes and how courts have interpreted them. Additionally, the team worked with numerous professors and environmental lawyers who helped them do practice moots to prepare them for the rounds of oral competition, where they had to argue for all three parties and not just the party for which they wrote their brief.
(Picture, from left to right: Professor Amanda Leiter, Josh Fieldstone, Jacqui Shelton, Chelsea Tu)
Professor David Hunter Discusses the Challenges of Reducing Global Greenhouse Gas Emissions at California Western School of Law
On February 23, PICEL Director David Hunter spoke at California Western School of Law in San Diego, CA about the challenges of reducing global greenhouse gas emissions. His talk focused on the international climate negotiations and what has happened since the negotiation of the Kyoto Protocol. Professor Hunter also discussed the challenges of negotiating an international climate agreement that countries with different interests can all agree to and implement domestically.
Read California Western's blog about the event.
WCL Environmental Law Students Compete in the Pacific Regional of the Stetson International Environmental Moot Court Competition 
Ashley Gardana, Larissa Liebmann, and Norah Patrick represented WCL at the Pacific Regional of the Stetson International Environmental Moot Court Competition, which was held at the University of Denver (Colorado) from February 17-18, 2012. The team competed against teams representing a number of law schools from the western United States. Earlier in the academic year, the team completed a written memorial for the competition and while in Denver they competed in two rounds of oral arguments. During the preparation for the competition, Ashley, Larissa, and Norah worked with a variety of professors and environmental law practitioners who generously donated their time to help moot the team. Additionally, they did extensive research about nuclear accidents, customary international environmental law, sovereign bonds, the law of treaties, and the rules of the International Court of Justice.
Environmental Law Society Hosts Environmental Law Career Panel
The WCL Environmental Law Society and the Office of Career and Professional Development hosted an Environmental Law Career panel on February 13, 2012. The career panel featured lawyers from government agencies, law firms, and non-profits who are shared their experiences in how they got their jobs in environmental law. They also shared advice with current law students about strategies for getting a job in the environmental field. The panel also featured an alumna of WCL. Panelists included: Stacy Coleman (Associate Attorney, Department of Justice, Environment and Natural Resources Division, Environmental Enforcement Section); Dan Squire (Partner, Wilmer Cutler Pickering Hale Dorr LLP); Carroll Muffett (President & CEO, Center for International Environmental Law); Stacey VanBelleghem ('08) (Associate, Latham & Watkins, LLP); and Mike Walker (Director, National Enforcement Training Institute, Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance. Professor Amanda Leiter chaired the panel. Watch a webcast of the panel.
Bill Snape, Environmental Law Practitioner-in-Residence, Files Amicus Brief with WTO on Dolphin-Safe Tuna
Bill Snape, a Practitioner-in-Residence in the Program on International Environmental Law, and the Humane Society of the United States filed an amicus brief with the World Trade Organization in regards to Dolphin-Safe Tuna.
Read the amicus brief.
Environmental Law Program Hosts Atlantic Regional Qualifying Round of the Stetson International 
Environmental Moot Court Competition - UPDATE
The Program on International and Comparative Environmental Law is proud to host the North America Atlantic Regional Qualifying Round of the 16th Annual Stetson International Environmental Moot Court Competition. WCL welcomed 9 teams from law schools in the United States, the Bahamas, and Trinidad & Tobago to compete in this regional to determine what two teams will advance to the International Finals in March. Leading international environmental lawyers from government (including the Department of Housing and Urban Development, the Department of Interior, and the Department of Justice), law firms (including Beveridge & Diamond), and non-profits (including the Center for International Environmental Law, EarthRights International, Greenpeace, Defenders of Wildlife, and the Institute for Governance and Sustainable Development, amongst others) served serve as judges for the Atlantic Regional. The judges for the 
final round (as seen above) were Carroll Muffett (President and CEO of the Center for International Environmental Law), Durwood Zaelke (founder and President of the Institute for Governance and Sustainable Development and Director of the International Network for Environmental Compliance and Enforcement), Katie Redford (Co-Founder and US Office Director of EarthRights International). Other lawyers who served as moot court judges included: Niranjali Amerasinghe, Zugeilly Coss Sanz, David Downes, Yulia Genin, Milos Hrnjaz, Alyssa Johl, Russ LaMotte, Amanda Leiter, Marco Simons, Kim Smaczniak, Marie Soveroski, Surya Subedi, Tom Wetterer, and Glenn Wiser. WCL alumni who helped as judges included: Abbey Baker ('11), Melissa Blue Sky ('11), Daniel Brindis ('08), Laura Drummond ('11), Alejandra Goyenechea ('01), Paul Hagen ('90), Addie Haughey ('10), Rachel Kirby ('10), Chris Kyle ('11), James Mitchell ('08), Marcos Orellana ('98, '09), Michael Stone ('92), and Beth Zgoda ('10). The competition was held from February 4 to 5, 2012. The preliminary rounds consisted of three rounds in which the nine teams argued at least three times on Saturday, February 4. Then on Sunday, the top 4 teams competed in the semi-finals and the competition ended with the final argument of the two winning teams from the semi-finals. The Atlantic Regional was kicked off with a Welcome Reception co-sponsored by the Center for International Environmental Law for participants, WCL alumni, and environmental lawyers and advocates.
See photos from the Atlantic Regional.
The Program on International and Comparative Environmental Law Participates in the International Climate Negotiations - UPDATE 
Program Coordinator Erika Lennon is leading a team of WCL students participating in the Seventeenth Conference of the Parties (COP-17) of the United Nations Framework Convention on Climate Change (UNFCCC) in Durban, South Africa. Zugeilly Coss, Emmett Pepper, Ashley Gardana, and Braunson Virjee will be participating in the Durban Climate Project. Emmett, Ashley, Braunson, and Erika will be working with the Center for International Environmental Law and other environmental NGOs on numerous issues related to the international climate regime. This work will cover a variety of issues including climate finance (with a focus on safeguards and accountability mechanisms in the Green Climate Fund and other financial mechanisms), reducing emissions from deforestation and forest degradation (REDD) and applicable safeguards and accountability, compliance (MRV), the legal framework, public participation, and the future of the Kyoto Protocol, amongst others. As the world enters the final year of the first commitment period, which ends on December 31, 2012, of the Kyoto Protocol, COP-17 represents an opportunity to 
ensure that there is a framework moving forward that includes legally binding emissions reduction commitments from most, if not all, countries and a second commitment period of the Kyoto Protocol. Zugeilly Coss, an LL.M. student in the International Legal Studies Program, will be participating in COP-17 as a member of the Dominican Republic delegation. As such, she will be working towards an agreement that will help the Dominican Republic and the world take steps to combat climate change by mitigating the causes, and to also adapt to the changes that countries face due to climate change. COP-17 will be held from November 28 to December 9 in Durban, South Africa.
Follow the WCL Durban Climate Project and their work on Twitter @auwclEnvLaw. See a Photo Gallery from their time in Durban at COP-17.
Four Days After Thousands of People Encircle the White House, the Administration Announces that a 
Decision on the Keystone XL Pipeline from the Tarsands to the Gulf of Mexico Will Be Delayed
On November 6, 2011, thousands of people, including WCL students and Professor Bill Snape, gathered at the White House to urge President Obama to say no to the proposed Keystone XL pipeline that would run from the tarsands in Alberta, Canada to oil refineries in the Gulf of Mexico. This protest culminated in the people forming a circle around the White House. Four days later, the Obama administration announced that it was going to delay making a decision on approving the Keystone XL pipeline in order to examine alternate routes. This delay means that any decision on the Keystone XL pipeline likely will not be made until 2013 because examining alternate routes will involve new environmental assessments and consultations. However, this delay in making a decision does not necessarily mean that the Keystone XL pipeline will not be built, but that could, and hopefully, will be the case. It does though allow for the continuation of the discussion of the negative impacts and proposed benefits; and it could allow for time to discuss other alternative proposals for energy sources. The proposed Keystone XL pipeline will transport dirty tarsands oil, the extraction and use of which will contribute to global climate change, through the midwest where it could potentially spill oil and pollute the land and water. It is important to consider all of the effects of this pipeline, including conducting proper environmental impact assessments, which is something that the State Department and developers had been criticized for not doing for the proposed pipeline so far. In its media release, the State Department indicated that it would consider all the "relevant issues" to determine whether the pipeline is in the national interest, and that these issues would include "environmental concerns (including climate change)." It is encouraging to see that the State Department is committed to considering climate change in its determination about whether to approve any Keystone XL pipeline. These environmental concerns, after all, have led to the many protests, which ultimately contributed to the Obama Administration r econsidering its approval of the pipeline by the end of the year, the deadline they had previously been working towards. It is a positive step that the Obama administration has decided to delay making a decision on the Keystone XL pipeline in order to do a more thorough investigation into the environmental impacts of this endeavor and to reexamine whether it is in our national interest.
See photos of WCL students and Professor Bill Snape at the November 6 protest #nokxl.
AU President Highlights AU's Committment to Environmental and Social Responsibility
In a message to the AU Community, President Neil Kerwin, highlighted American University's Committment to Social Responsibility and Service by issuing a "Statement of Social Responsibility Principles for AU Business Partners." This statement includes expectations for AU business partners to conduct business in socially responsible ways and to have policies in place to acheive this. Additionally, it calls for environmental compliance by which AU business partners will conduct business in a way that shows their committment to the "protection and preservation of the global environment." Read President Kerwin's statement.
David Hunter and Bill Snape file an Amicus Brief on Behalf of 14 International Environmental Law Professors and Practitioners - Update
David Hunter and Bill Snape filed an amicus brief on behalf of 14 international environmental law practitioners and professors including Erika Lennon, Coordinator of the Program on International and Comparative Environmental Law in Arias et al v. DynCorp et all, which is being heard in the D.C. District Court. The amicus brief primarily focuses on the obligation to prevent significant transboundary environmental harm as part of customary international law. Fourteen international environmental law professors and practitioners signed on to this brief including: Carroll Muffett, Marcos Orellana, Carl Bruch, Chris Wold, John Bonine, Svitlana Kravchenko, Jacob Werksman, Durwood Zaelke, John Pendergrass, Dr. Wil Burns, and Victor Flatt, along with David Hunter, Bill Snape, and Erika Lennon.
On November 21, United States District Court Judge Richard Roberts granted our Motion for Leave to File an Amicus brief despite the Defendants' opposition.
Read the motion for leave to file an amicus brief and the amicus brief.
Erika Lennon and Two WCL Students Attend Consultation with UNEP RONA on Key Messages Leading Up to Rio+20
Program Coordinator Erika Lennon along with Braunson Virjee and Chelsea Tu, the co-Editors-in-Chief of the Sustainable Development Law & Policy Publication, represented the WCL environmental law program at a one and a half day consultation with the United Nations Environment Program Regional Office for North America (UNEP RONA) to help establish key messages leading up to Rio+20, which is the UN Conference on Sustainable Development being held 20 years after the Rio Conference that resulted in the Rio Declaration, Agenda 21, and various other multilateral environmental agreements. Rio+20 is being held in June 2012. In preparation for that, UNEP RONA held a consultation with major groups and stakeholders so as to receive input from civil society about the key messages to take from the region to the UNEP Governing Council meeting in 2012. The focus of the consultation was the two themes for Rio+20, the green economy in the context of sustainable development and poverty eradication and the institutional framework for sustainable development. During the consultation Braunson, Chelsea, and Erika, alongside civil society members and government representatives from both the U.S. and Canada, were able to give their input on these themes and what would be good policies to bring to the table for discussion in the lead up to Rio+20. Much of the discussion centered on the governance necessary to ensure that the goals of sustainable development could be met and that the economic growth needed for poverty alleviation is green. This included a focus on law especially as it relates to environmental compliance and enforcement. The consultation included presentations from civil society, U.S. government representatives, UNEP, and international lawyers, as well as a number of working groups. For more information about the consultation, please visit UNEP RONA. The WCL environmental law program also got to contribute to the formation of key messages that will be reflected in a forthcoming document about the key messages that UNEP RONA will take to the Governing Council meeting next year.
Erika Lennon and David Hunter Submit Comments to the World Bank on their Proposed Program-For Results (P4R) Financing Plan
Program Coordinator Erika Lennon and Professor David Hunter of the Program on International and Comparative Environmental Law submitted comments to the World Bank about their proposed Program-For-Results (P4R) Financing Plan. The comments were submitted as part of the World Bank's official consultation period on their recent draft for the P4R Financing Plan. P4R would shift the way that the World Bank invests in programs and projects and would likely mean that many projects will be funded without having to comply with the valuable environmental and social safeguards that the Bank has put in place to protect local communities and the environment. Given our concern with strengthening global environmental and social standards, we submitted comments to express concern about shifting a large portion of the World Bank's portfolio into a lending system that would not apply the environmental and social safeguards to its programs even though it has the potential to fund projects that would require compliance with those safeguards if the money came through a different World Bank financing plan.
Read the Submitted Comments.
Ashley Gardana, Elana Katz-Mink, and Joel Scata at the World Bank Annual Meetings.
The Program on International and Comparative Environmental Law's David Hunter and Erika Lennon, accompanied by Environmental Law Students Participated in the Annual Meetings of the World Bank and IMF
Professor David Hunter, Program Coordinator Erika Lennon, and four students, Ashley Gardana, Joel Scata, Elana Katz-Mink, and Tom Nagle participated in the Annual Meetings of the World Bank and the IMF. They joined civil society organizations from around the world who were in Washington, DC for the Annual Meetings. From September 21 to 24, 2011, the Program on International and Comparative Environmental Law joined many in the Civil Society Policy Forum during which they were able to interact with other members of civil society and World Bank staff members, and discuss important environmental and social issues related to activities of the World Bank. Further participants were able to interact with members of the World Bank Inspection Panel and the International Finance Corporation's Compliance Advisor/Ombudsman to learn about how these important accountability mechanisms work to ensure the World Bank Group entities comply with their environmental and social standards.
Environmental Law Fellow Bill Snape's Gulf Oil Spill Lawsuit Allowed to Continue In Part
Judge Thomas F. Hogan of the U.S. District Court for the District of Columbia issued a ruling in Center for Biological Diversity v. Salazar, which Environmental Law Fellow Bill Snape argued in March (see below). In his September 13, 2011 decision, Judge Hogan ruled that the case could go forward, at least in part. Judge Hogan only allowed three of the Center for Biological Diversity's claims, all regarding Lease Sale 213, which occurred during the Deepwater Horizon oil spill, to proceed forward. Thus, the Center for Biological Diversity's claims that Lease Sale 213 in the Gulf of Mexico violated the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) will be able to go forward on the merits, and survive the Defendants' motions to dismiss. The case will move forward on the merits of these claims, even though the larger legal and policy issues regarding oil drilling will not be litigated here.
For more information, read the Opinion.
Ninth Circuit Overturns Lower Court in a FOIA case (about the US-Canada softwood lumber agreement) in which Environmental Law Fellow Bill Snape is co-counsel
On Friday, September 16, 2011, the Ninth Circuit Court of Appeals overturned a lower court's judgment in Center for Biological Diversity, et al. v. Office of the United States Trade Representative, which Senior Counsel for the Center for Biological Diversity and WCL Environmental Law Fellow Bill Snape had argued, as co-counsel, on behalf of the environmental groups. Four years ago, in 2007, the environmental groups submitted a Freedom of Information Act (FOIA) request to the U.S. Trade Representative (USTR) for information about the U.S.-Canada softwood lumber agreement particularly in relation to how the USTR handed out funds to "meritorious initiatives" under the agreement. The FOIA request asked for information in regards to the USTR's allotments for these "meritorious initiatives" and the selection of the organizations to receive the funds. After not receiving the information about how the funds were used and the deals being made between the governments and the timber industry, the environmental groups filed this lawsuit claiming that the USTR had failed to release all the documents that would be necessary to satisfy a request. A lower court agreed with the USTR that it had adequately complied with the request and granted its request for summary judgment. However, the Ninth Circuit vacated the lower court's ruling and held that the USTR improperly withheld documents, thus it remanded the case to the lower court where the USTR will have to provide more information about its searches and why it did not conduct additional searches in order to prove that it complied with the FOIA request accurately.
For more information, see the Law360 article and read the Ninth Circuit's Decision.
EPA Assistant Administrator Gina McCarthy (Office of Air and Radiation) Participates in "The Hot Air Show" Podcast
On Thursday, August 25, 2011, Gina McCarthy, the Assistant Administrator for the Office of Air and Radiation at the U.S. Environmental Protection Agency (EPA) joined "The Hot Air Show: Carbon Policies, Politics & Markets," the serial podcast co-produced by WCL's Program on International and Comparative Environmental Law and the American Bar Association's Energy and Environmental Markets and Finance Committee. Episode 7 of "The Hot Air Show" focused on the Clean Air Act and how the EPA is addressing climate change. Alongside Gina McCarthy, the panel of experts included Bill Snape, an Environmental Law Fellow at WCL and Senior Counsel at the Center for Biological Diversity, Peter Glaser, a Partner at Troutman Sanders, and host of the show, Chris Berendt, Of Counsel at Drinker Biddle & Reath, LLP. The discussion focused on the regulatory efforts of the EPA, primarily the Office of Air and Radiation, to address climate change including proposed regulations to regulate emissions from coal-fired power plants, mandatory greenhouse gas reporting, and the Ozone rule. Also, for the first time ever, the show was taped before a live studio audience and featured a question and answer session. Listen to Episode 7 and Subscribe to the Hot Air Show.
WCL and the World Bank Inspection Panel Host an Independent Accountability Mechanisms Conference
On Friday, June 24, the Washington College of Law and the World Bank Inspection Panel held a Conference on Challenges of International Accountability: Lessons from Independent Accountability Mechanisms. The Conference started with a market place that allowed the various independent accountability mechanisms to bring materials about what they do and for participants to talk to representatives from the mechanisms. The Conference then featured a multiple panel discussions and presentations from both members of the Independent Accountability Mechanisms at the various multilateral development banks and members of civil society who work on issues related to the international financial institutions. For details about the panelists, please see the agenda.
Watch the webcast of the conference. You can see the Conference by panel discussion. Click on the links below to watch the video.
Welcome Remarks and Comparative Presentation
IAM's Effectiveness and Credibility
Soverignty and Accountability
Accountability and the Private Sector
Trade and Environment Seminar Ends with a Joint Reception with the Independent Accountability Mechanisms Conference
On Friday, June 24, the Program on International Environmental Law hosted a closing reception for the Conference on Challenges of International Accountability: Lessons from Independent Accountability Mechanisms and the Trade and Environment Seminar held in conjunction with the Organization of American States (OAS). Participants from the Conference, which included members of the independent accountability mechanisms at the international financial institutions, and the Trade and Environment seminar were able to interact with one another and share experiences.
Albert R. Ramdin, OAS Assistant Secretary General
Date: June 21, 2011
Place: Washington, DC
Credit: Patricia Levia/OAS
OAS Assistant Secretary General Albert R. Ramdin Welcomes Participants in Trade and Environment Seminar at Welcome Reception
The Organization of American States and the Program on International and Comparative Environmental Law hosted a Welcome Reception for their jointly-sponsored Trade and Environment Seminar. The reception, held at the Organization of American States Main Building, featured welcome remarks from OAS Assistant Secretary General Albert R. Ramdin. At the reception participants in the seminar had a chance to interact with lecturers from the seminar, OAS staff members, and WCL faculty and staff. Please see the press release and photographs for more details about the reception.
Inaugural Trade and Environment Seminar with the Organization of American States Welcomes International Participants and Professors 
The Program on International and Comparative Environmental Law worked in conjunction with the Department of Sustainable Development at the Organization of American States (OAS) to hold an intensive seminar on Trade and Environment from June 20 to June 24, 2011. This week-long seminar brought together participants from fifteen different countries to study various aspects related to international trade and the environment including regional free-trade agreements, multilateral environmental agreements, intellectual property issues, market access issues, sustainable development, and enforcement of environmental standards, amongst others. The participants were taught by lecturers from various countries in the Americas including Canada, the US, Mexico, Costa Rica, the Dominican Republic, and Colombia. Lecturers included the Vice Minister of Trade from Costa Rica, the President of CEMDA (the Mexican Environmental Law Center), and various people from the Organization of American States, amongst others. In addition to attending seminars, participants visited the Domino Sugar Factory in Baltimore, MD, where they learned about sugar processing, the factory's environmental practices, and the international nature of the sugar trade. For more information about the program and lecturers, visit our website.
Environmental Law Summer Session Welcomes International Participants 
The Seventh Annual Environmental Law Summer Session, which was held from May 31 to June 17, welcomes participants from eighteen different countries. These lawyers came with a variety of experiences from their work at non-governmental organizations, government, or law firms. During the three-week Environmental Law Summer Session, the participants visited the World Bank Inspection Panel, the World Resources Institute, the Compliance Advisor/Ombudsman (CAO) of the International Finance Corporation (IFC), the United Nations Environment Programme (UNEP) Regional Office for North America (RONA), the Department of Sustainable Development at the Organization of American States (OAS), and the Center for International Environmental Law (CIEL). At each of these organizations, participants interacted with lawyers and experts who work there. Additionally, the participants interacted with lawyers and interns from Accountability Counsel. These site visits were coordinated in conjunction with the seminar on International Institutions and Environmental Protection. The Environmental Law Summer Session offered participants the opportunity to engage in seminars focused on a wide-variety of topics ranging from the legal implications of the gulf oil spill to international wildlife law to environmental compliance and enforcement, and the relationship between international business and the environment. Additionally, three seminars focused on various topics related to climate change including climate change and the European Union, climate change litigation, and climate change and emissions trading. The Environmental Law Summer Session has also collaborated with the Organization of American States to organize a special seminar on Trade and Environment. Participants were taught by leading practitioners from non-governmental organizations, government agencies, and law firms, including international professors. For information about the seminars and faculty, please visit this website.
Environmental Law Fellow Bill Snape Argues Against DOJ and Oil Industry in Hearing on BP Oil Spill Lawsuit
On Wednesday, March 9, Environmental Law Fellow Bill Snape, representing the Center for Biological Diversity, will argue in the U.S. District Court for the District of Columbia that all existing and future Gulf of Mexico oil and gas drilling operations, particularly those with some form of existing authorization, must comply with environmental laws such as the National Environmental Policy Act and the Endangered Species Act.
In a lawsuit filed July 26, 2010, the Center for Biological Diversity says Ken Salazar, Secretary of the Department of the Interior, and the Minerals Management Service have failed to comply with environmental laws when authorizing off shore drilling both before and after the April 20, 2010 blowout of the Deepwater Horizon drill rig which led to the BP Oil Spill, one of the worst environmental disasters in U.S. History. “The Secretary has continued to implement an unlawful policy of exempting drilling plans…from any meaningful [National Environmental Policy Act] review,” the lawsuit says.
“This case is about accountability. While the Obama Administration says it has corrected its ways, none of its promises are yet legally binding and dangerous oil drilling by ravenous oil companies continues in the Gulf of Mexico to this day,” says Snape, who is senior counsel for the Center for Biological Diversity and lead counsel on this case. “The American public and the fragile Gulf ecosystem deserve iron clad assurances that a disaster like the BP blowout will never occur again.”
In its lawsuit, the Center for Biological Diversity is asking the Court to declare Secretary Salazar and the Department of the Interior in violation of the National Environmental Policy Act and the Endangered Species Act stemming from their approval of deep water drilling and exploration in the Gulf, and to issue an order halting all outer continental shelf drilling operations approved by the Department of Interior after the BP oil spill.
The case, Center for Biological Diversity v. Ken Salazar, United States Secretary of the Interior, et al, is set for a hearing on the motions to dismiss filed by both the Department of Interior and several oil industry intervenors, Wednesday, March 9, at 2 p.m. before Chief Judge Thomas F. Hogan of the U.S. District Court for the District of Columbia.
Snape is an environmental law fellow and practitioner-in-residence at American University Washington College of Law and senior counsel with the Center for Biological Diversity. Previously, Snape was vice president and chief counsel at Defenders of Wildlife for almost a decade. He has litigated both NEPA and global warming cases in federal court, and argued Center for Biological Diversity v. Interior (D.C. Cir. 2008), which rejected the federal government’s plan for oil and gas drilling off the coast of Alaska in part because of climate change concerns.
Professor Perry Wallace's Article on the BP Oil Spill and Environmental Justice Issues Published
Professor Perry Wallace's article, Commentary: Environmental Justice and the BP Oil Spill: Does Anyone Care About the "Small People" of Color, was published in the Fall 2010 Volume 6, Issue 2 of The Modern American. The article explores the effects of the BP oil spill on people of color and the ways in which this environmental catastrophe as contributed to the environmental injustice in the Gulf Region. Professor Wallace discusses the power imbalance that is affecting the livelihood of small business owners and people of color, including the United Houma Nation, who's livelihood and culture are largely dependent on fishing in the Gulf. Further, Professor Wallace's article touts the need to spend the time and money to implement the Recommendations made by the National Association for the Advancement of Colored People (NAACP) in their report, BP Oil Drilling Disaster - NAACP Investigation.
To read Professor Wallace's article in The Modern American, please click here or visit the WCL Digital Commons website.
WCL Students Move on to the Final Round of the Stetson University International Environmental Moot Court Competition
The American University Washington College of Law's team won Best Memorial and placed second overall in the Atlantic Regional Round of the Stetson University International Environmental Moot Court Competition held from January 20 to 21. The WCL team comprised of Laura Drummond, Pablo Forray, and Mina Trudeau also qualified for a place in the finals, which will be held from March 17 to March 20 at the University of Maryland School of Law in Baltimore. There they will compete against moot court teams from law schools around the world.
Professor Perry Wallace Served as Legal Counsel and Helped End EPA's Use of Sulfuryl Fluoride on Food
Professor Perry Wallace served as legal counsel for the Fluoride Action Network (FAN) in its administrative proceedings that resulted in the U.S. Environmental Protection Agency (EPA) proposing to end the use of sulfuryl fluoride, an insecticide and food fumigant. The US EPA has agreed to announce the end of the use of sulfuryl fluoride in the Federal Register, which will give the public 90 days to comment on the proposed rule. Once the Final Order is issued, the EPA plans to phase out the majority of its uses on food within 90 days and the complete phase out will take three years. Professor Wallace helped FAN achieve its goal of ending the use of sulfuryl fluoride, which is harmful to human health especially the health of infants and children, by providing legal advice. Read here for more information about the EPA's decision to end the use of sulfuryl fluoride.
The Program on International and Comparative Environmental Law Participates in International Climate Negotiations - Update
Professor David Hunter and Program Coordinator Erika Lennon will be leading a team of WCL students participating in the Sixteenth Conference of the Parties (COP-16) of the UN Framework Convention on Climate Change in Cancun, Mexico. Abbey Baker, Adam Burrowbridge, Sarah Bury, Laura Drummond, Ashley Gardana, Chris Kyle, Paulo Lopes, Lawrence Palmer, Braunson Virjee, and Winfield Wilson will be part of the Cancun Climate Project. They will be working with non-governmental organizations including the Center for International Environmental Law and the Center for Biological Diversity on a variety of issues related to the future of the international climate regime. Students will be working on issues related to climate finance, reduced emissions from deforestation and forest degradation (REDD), human rights, compliance, and technology transfer, amongst others. COP-16 is being held from November 29 to December 10 in Cancun, Mexico.
While at COP-16, David Hunter was interviewed by a reporter from the Norwegian Broadcasting Company who is doing a daily video blog from COP-16. To watch the video, please click here. He is interviewed in the video from 8 December.
Follow the WCL Students at COP-16 in Cancun on Twitter @COPout16_BeLive.
New Book on International Financial Institutions and International Law
International Financial Institutions and International Law co-edited by Professors Daniel Bradlow and David Hunter, with editorial assistance from Program Coordinator Erika Lennon, is now available. This book explores the legal obligations of the World Bank and other international financial institutions, and the role they play in making and interpreting international law. This relationship has not yet been thoroughly explored, thus this book should contribute to the work of the IFIs, Member States, and other organizations and people that work with and are affected by the IFIs' operations. With chapters by expert contributors representing academic, policy, and activist perspectives, this book covers a wide array of subjects ranging from the general principles of international law applicable to IFIs to such issues as IFIs and human rights, labor rights, environment, and indigenous peoples' rights, as well as analysis of the complex topics of consequences for violations of internal policies, impacts on economic policies in Member States, and immunity before national courts. In addition to the two editors, contributing authors include: B.S. Chimni, Charles Di Leva, Steven Herz, Jerry Levinson, Fergus MacKay, Siobhán McInerney-Lankford, August Reinisch, Eisuke Suzuki, Celine Tan, and Jakob Wurm. International Financial Institutions and International Law's detailed and critical overview demonstrates the important responsibilities IFIs have under international law and their capacity to influence international law's development. It is hoped that this book will stimulate thought, debate, research, and increased action on the topic, and will encourage more rigorous engagement between the IFIs and international lawyers. The book can be purchased through Kluwer Law International.
Professor Heather Hughes’s Article Honored in the Environmental Law and Policy Annual Review
Professor Heather Hughes’s article, “Enabling Investment in Environmental Sustainability,” Ind. L. Rev. 2010, was honored by being chosen for inclusion in the Environmental Law and Policy Annual Review (ELPAR). ELPAR, a joint publication between the Environmental Law Institute’s Environmental Law Reporter and the Vanderbilt University Law School, chooses the best environmental law or policy ideas each year in order to make them more accessible to policy-makers and practitioners. Heather Hughes’s article proposes an environmental practices money security interest to grant priority to creditors that finance improvements in environmental impact. Her article was one of four articles chosen for this honor.
Environmental Law Society Coffee Hour: Discussion of the Deepwater Horizon Oil Spill in the Gulf
The Environmental Law Society on Thursday, Nov. 11 at 10 a.m. in Room 500 hosted a discussion of the Deepwater Horizon Oil Spill in the Gulf of Mexico. Environmental Law Fellow Bill Snape, senior counsel at Center for Biological Diversity, and John Dupuy, assistant inspector general for investigations at the Department of Interior, will discuss the environmental NGO and governmental perspectives, respectively, on bringing BP to justice. Dupuy, a WCL alumnus, is leading the civil investigation into the oil spill and is very involved in the criminal investigation as well. See more photos from the event.
Environmental Law Student Attends the Convention on Biological Diversity's Tenth Conference of the Parties in Nagoya, Japan 
This October, Halley Allaire, a third-year student, attended the Tenth Conference of the Parties (COP-10) of the Convention on Biological Diversity (CBD) in Nagoya, Japan. She attended as part of the Society for Conservation Biology (SCB) delegation with whom she successfully worked to influence the COP to adopt working papers on IPBES. Halley worked with a network of NGOs from around the world that met every morning to brief each other on recent developments and to discuss various issues and upcoming events, and then would work on tracking issues throughout the day. COP-10 was an on-the-spot learning experience for Halley who got to see first hand how international agreements are developed and witnessed the subtle nuances, for example the hidden issues underlying a certain country’s stance on a specific issue, that play in to the negotiations because every country has an agenda and wants certain language to come out of the COP. Halley predominantly worked on IPBES, "international platform on biodiversity and ecosystem services." IPBES would be a science-policy tool existing outside of the CBD, and therefore useful to other international treaties (essentially the IPCC of the CBD). IPBES, which has been gaining attention in the international community, is designed to take political pressures off scientists so information can get out into the world faster and without agenda, thereby better informing policy making. Concentrating on this issue, meant Halley followed it each day to see where and how it popped up in various in-session working papers so that the SCB could convey that information to decision makers and influence them to further IPBES. As a result of these efforts, IPBES now exists in a number of adopted plenary papers, including one entirely devoted to the issue that states that IPBES “should be established” (UNEP/CBD/COP/WG.2/CRP.6). Halley’s efforts as part of the NGO network helped push IPBES and influenced the COP’s decision to include it in plenary papers. Additionally, Halley got to meet with the U.S. delegation, which was small since the U.S. has not ratified the CBD, including Assistant. Secretary Dr. Kerri-Ann Jones. This meeting allowed NGOs to reach out to the U.S. delegation and for information to be exchanged between the two groups.
The Program on International and Comparative Environmental Law submits comments on the U.S. Department of State's Review of the U.S. OECD National Contact Point
Director David Hunter and Program Coordinator Erika Lennon submitted comments to the U.S. Department of State as part of its review of the U.S. OECD (Organisation for Economic Cooperation and Development) National Contact Point. The OECD has Guidelines for Multinational Enterprises that lay out rules addressing the actions taken by multinational enterprises. The U.S. OECD National Contact Point is the government's corporate accountability mechanism. Our comments focused on strengthening the U.S. OECD National Contact Point so that it can better serve communities that are harmed by activities of the multinational enterprises. To read our submitted comments, please click here.
The Program on International and Comparative Environmental Law submits comments on the U.S. Department of State's Review of the UN Declaration on the Rights of Indigenous Peoples
Director David Hunter and Program Coordinator Erika Lennon submitted comments to the U.S. Department of State regarding the administration's review of its position on the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP). The UNDRIP was adopted by the UN in 2007 and has been adopted by 147 countries. David Hunter and Erika Lennon's comments focused on the U.S. adopting the UNDRIP and how its adoption will help improve policies at the international financial institutions. To read their comments, please click here.
The Program on International and Comparative Environmental Law and CIEL Host a Reception for Centro de Incidencia Ambiental (CIAM) - Panamá
The Program on International and Comparative Environmental Law and the Center for International Environmental Law (CIEL) are hosting a reception honoring the Centro de Incidencia Ambiental (CIAM) - Panamá. CIAM is Panamá's leading public interest environmental law organization. Please come and join the American University Washington College of Law and the Center for International Environmental Law in honoring CIAM and its Executive Director, Félix Wing Solís, at a reception on Tuesday, November 2 from 4:30 to 6:30 pm. The reception will be held at the CIEL. For details, click here.
The Program on International and Comparative Environmental Law Participates in the World Bank Annual Meetings
Professor David Hunter, Program Coordinator Erika Lennon, and three students, Melissa Blue Sky, Julia Torres, and Winfield Wilson, participated in the Civil Society Forum held in association with the World Bank and International Monetary Fund Annual Meetings held in Washington, DC from October 6 to October 9. The students participated in meetings regarding the environmental and social development policies of the World Bank Group.
Laura Drummond, an Environmental Law Student, Attends the 18th Section Fall Meeting for the ABA Section of Environment, Energy, and Resource Law
Laura Drummond, a third-year environmental law student, participated as a law student scholar in The ABA Section of Environment, Energy and Resource Law Summit in New Orleans, Louisiana from September 29 to October 2, 2010. The meeting includes CLE sessions and presentations with government lawyers from within the Obama administration, NGO representatives, policy leaders, academics, and practitioners from around the country. Several sessions will focus on rebuilding New Orleans after Hurricane Katrina and the recent oil spill in the Gulf of Mexico. Laura was chosen to attend the event as a law student scholar. For more information about the meeting, click here.
Professor Bill Snape Discusses Biodiversity at a Congressional Briefing
On September 29, 2010, Professor Bill Snape participated in a Congressional Briefing entitled "Whatever Happened to Biodiversity?," which was sponsored by Conservation International. This Congressional Briefing, which featured welcoming remarks from Senator Tom Udall, brought together a panel of experts to discuss the upcoming Conference of the Parties of the Convention on Biological Diversity, the importance of biodiversity, and the future of U.S. legislation regarding biodiversity. Snape discussed the arguments and prospects for the U.S. ratifying the Convention on Biological Diversity.
Program on International and Comparative Environmental Law Launches Podcast on Carbon Issues
The Program on International and Comparative Environmental Law announces the premiere of "Hot Air: Carbon Policies, Politics & Markets," a one-hour podcast featuring a roundtable discussion on carbon issues. The show is co-produced by Bill Snape. The show is co-sponsored with the American Bar Association's Committee on Carbon Trading and Energy Finance. For more information and to subscribe to "The Hot Air Show," visit its website.
Bill Snape to be Honored as a "Hero of the Gulf Coast"
Environmental Law Fellow Bill Snape is being honored as a "Hero of the Gulf Coast" at "Care for Community," a week-long commemoration of the 5th Anniversary of Hurricane Katrina hosted by Marc. H. Morial, Warren Ballentine, Reverend Al Sharpton, and Cedric Bailey. Snape will be recognized at a red carpet fundraiser, "Hailing the Heroes of the Gulf Coast," on Thursday, September 2 along with Lenny Kravitz, Anderson Cooper, Spike Lee, and Brad Pitt among others. Snape, who is also senior counsel to the Center for Biological Diversity, has been in the forefront of identifying the legal violations that caused the BP Gulf oil disaster, and is litigating two pending suits against the U.S. Department of the Interior for that agency's role in turning a blind eye to offshore drilling problems. For more information, visit the 5th Katrina Anniversary website.
American University Washington College of Law Earns Green Law School Ranking by Pre-Law Magazine
American University Washington College of Law has been ranked "Summa Cum Laude," as one of the top four Greenest Law Schools by Pre-Law Magazine. Evaluation criteria included law schools' curriculum, campus environment, building trends, faculty, and academic offerings including externships, legal journals, and summer programs. The environmental externship program, which was highlighted as an important aspect of the program, "not only gives students exposure to practical skills and practicing lawyers but gives them a network to find jobs in the process," said David Hunter, American University Washington College of Law was also noted for its partnership with CIEL, its summer program, and AU's commitment to a Zero Waste Policy. View the listing.
Practitioner-in-Residence Bill Snape Speaks about the EPA "tailoring" rule
Bill Snape, senior counsel at the Center for Biological Diversity, discusses the EPA's "tailoring" rule and the Center for Biological Diversity's lawsuit about the EPA's weakened final rule, as it relates to large corporations, on E & E TV. Professor Snape also discusses the use of the Clean Air Act to regulate greenhouse gas pollutants and EPA's role, as well as the role of legislation regarding regulation of pollutants. The interview also discusses the potential for new environmental legislation being passed by Congress in 2010. View the video.
Professor Bill Snape Discusses the Gulf Oil Spill on Swedish Television
Professor Bill Snape was interviewed on a Swedish news program Rapport, svt. in regards to the Gulf Oil Spill. He discusses the need to accurately account for the amount of oil spilled and the potential ramifications for BP. The program is in Swedish, though Professor Snape's (and other interviewees') answers are in English. View the video.
Professor David Hunter delivers keynote at a conference in Tegucigalpa, Honduras
On Thursday, July 8, 2010, Professor David Hunter delivered a keynote speech on the role of environmental law in achieving sustainable development at a conference held by Instituto de Derecho Ambiental de Honduras (IDAMHO), an ELAW partner, in conjunction with the Honduran Bar Association. IDAMHO held the conference to raise the profile in environmental law in Honduras and to inspire lawyers to work on behalf of affected communities in the country. David Hunter's speech focused on environmental law lessons learned from British Petroleum's tragic Gulf Oil Spill. More than 100 lawyers, students, and community leaders joined with high government officials at this conference to learn about the environmental challenges facing Honduras both nationally and at the community level.
Professor Bill Snape Discusses the Gulf Oil Spill on CNN with Joe Johns
On Tuesday, July 6, 2010, Professor Bill Snape, Senior Counsel at the Center for Biological Diversity, discussed the tragic Gulf Oil Spill and the role of the Fish and Wildlife Service in allowing the leases for BP's drilling to be approved on CNN with Joe Johns (WCL '02). In this interview, Bill Snape discussed the recent revelation that the Fish and Wildlife Service found no significant risk to wildlife from the proposed drilling in the Gulf of Mexico. Unfortunately, this has proven untrue and has brought into question the environmental review undertaken by the Fish and Wildlife Service as well as the Minerals Management Service and other government agencies prior to leasing the seabed for drilling.
View the video.
Environmental Law Summer Session Participants and Professor David Hunter Participate in Consultation with the International Finance Corporation (IFC)
On June 15, 2010, Professor David Hunter and participants from the Environmental Law Summer Session participated in the open house consultation that the IFC held in Washington, DC as part of its ongoing review of its Environmental and Social Performance Standards. The public consultation allowed stakeholders to provide input on the proposed drafts of the Policy on Social and Environmental Sustainability, Policy on Disclosure, and Performance Standards. David Hunter and the Environmental Law Summer Session students joined other members of the NGO community in voicing their opinions about the proposed policies in order to ensure that the final Environmental and Social Policy and Performance Standards serve to protect the environment and people subject to development projects.
Environmental Law Summer Session Brings Participants from 15 different countries to Washington College of Law
The Sixth Annual Environmental Law Summer Session brought legal scholars from around the world to participate in a variety of sessions that took place from June 1 to June 18, 2010. Participants came from many different countries including Portugal, New Zealand, Chile, Panama, Nigeria, El Salvador, China, Mexico, India, Uruguay, Indonesia, Denmark, Colombia, Thailand, and Turkey. These practitioners attended lectures on a variety of topics related to environmental law, including climate change, biodiversity, the intersection of international business and the environment, the intersection of trade and the environment, and the role of international institutions in environmental protection. Additionally, these participants went on site visits to and met with representatives from the World Bank Inspection Panel, Organization of American States, United Nations Environment Programme, and Compliance/Advisor Ombudsman for the International Finance Corporation (IFC). Additionally, they met with lawyers at the Center for International Environmental Law.
Program on International and Comparative Environmental Law Practitioner-In-Residence William Snape Submits Brief to Protect Dolphin-Safe Tuna Labeling from an International Trade Attack
Practitioner-in-Residence William Snape and the law school’s Program on International and Comparative Environmental Law submitted a potentially historic legal brief to the World Trade Organization in Geneva, Switzerland, along with Humane Society International. Snape is a member of President Obama’s Trade and Environment Policy Advisory Committee and, in that capacity, filed an amicus curiae submission in the matter of United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products, which concerns U.S. laws requiring truthful labeling about dolphin protection for American tuna consumers. “The effort to green the World Trade Organization continues with this piece of legal advocacy, which seeks to protect both marine wildlife and seafood consumers,” said Snape, who has been closely involved in the effort to keep tuna dolphin-safe for almost two decades. Snape hopes that this brief will help ensure that tuna is safe for both consumers and dolphins.
Read the cover letter to the amicus brief, and read the brief.
Program on International and Comparative Environmental Law Director David Hunter and Program Coordinator Erika Lennon Submit Comments on the Overseas Private Investment Corporation's Environmental and Social Policy Revision
In March 2010, Professor David Hunter and Program Coordinator Erika Lennon submitted comments on the draft Environmental and Social Policy of the Overseas Private Investment Corporation (OPIC). OPIC began an Environmental and Social Policy Revision process in January 2010 and accepted comments on their draft policy. PICEL's comments focused on strengthening OPIC's Environmental and Social Policy so as to reduce the negative environmental and social impacts of development projects, protect and promote human rights, and help combat the negative effects of climate change, particularly by phasing out the financing of fossil fuel projects.
Read the submitted comments.
Program on International and Comparative Environmental Law Staff and Students Attend COP-15 in Copenhagen, Denmark
From December 7-18, 2009, the UN Framework Convention on Climate Change held its Fifteenth Conference of the Parties (COP-15) in Copenhagen, Denmark. Professor David Hunter, Program Coordinator Erika Lennon, and six WCL students: Nicolas Boittin ('10), Skye Bougsty-Marshall ('10), Addie Haughey ('10), Rachel Kirby ('10), Blake Mensing ('10), and Winfield Wilson ('11) participated in the international negotiations. As part of the Copenhagen Climate Project, the team from WCL helped support the work of the Climate Law & Policy Project and the Center for International Environmental Law (CIEL). While at COP-15, we worked closely with environmental NGOs to monitor the negotiations. This included monitoring various issues including ones related to climate finance, adaptation, mitigation, human rights, the Kyoto Protocol, and compliance through monitoring, reporting, and verification. Two years before COP-15, parties agreed to the Bali Action Plan, 
which laid out a plan for negotiations, including topics, and set up two negotiating tracks (one related to Long-term Cooperative Action under the Convention and one related to the Kyoto Protocol). Furthermore, the Bali Action Plan called for a two-year negotiating plan, making Copenhagen and COP-15 the location where a new protocol or treaty was to be signed. Thus, COP-15 had the potential to be a major moment in the international climate regime, however it ended up being a major disappointment where civil society was not allowed inside the negotiations and a back-room deal, the Copenhagen Accord, was put forth despite the fact that not all countries were present in the room.
See more pictures of the WCL team at COP-15.
