1Special Committee for Young Lawyers, June 2016

Visit the Special Commi ee for Young Lawyers website:

www.ambar.org/environyl

June 2016Vol. 2, No. 1

Special Committee for Young Lawyers Newsletter

MESSAGE FROM THE CHAIRSAlexandra Campbell-Ferrari and Mathew Todaro

The American Bar Association provides young lawyers interested in the field of environmental and energy law with an abundance of opportunities. Within the Young Lawyers Division, the Committee on Environment, Energy, and Resources (EER) offers its members the ideal forum for collaborating with other young lawyers to build the practice’s next generation. Within the Section of Environment, Energy, and Resources, the Special Committee for Young Lawyers (SCYL) provides its members with the opportunity to connect with and learn from many of the world’s leading experts on environment and energy law.

To maximize the talents of both groups, EER and SCYL have joined forces to produce the spring issue of our respective newsletters. We believe our joint efforts have yielded one of the strongest and most unique newsletters either group has produced. We hope that you agree. Finally, we could not produce such great newsletters without you. If you are interested in publishing an article or have an idea (or many ideas) for an upcoming newsletter, please be sure to contact either of us.

We thank you for reading and look forward to bringing you more innovative programming in future!

Alexandra Campbell-Ferrari is the chair of the ABA Young Lawyers Division, Environment, Energy, and Resources Committee. Mat Todaro is the chair of the Special Committee for Young Lawyers.

FOUR WAYS TO BUILD YOUR STRESS RESILIENCE WHEN YOU’RE SHORT ON TIMEPaula Davis-Laack, JD, MAPP

Which of the following statements about stress do you believe?

Group A: Stress is harmful to my health and well-being.Group B: Stress is helpful to my health and well-being.

If you’re like most people I survey, you’re probably in Group A. Most of the popular media headlines about stress focus on the negative impact stress can have in your life. A simple Google search of “headlines about stress” revealed these beauties:

“The stress epidemic at work”“Work stress can cause strokes”“Work stress can kill you as much as secondhand smoke”

Chronic stress can be problematic because it can turn into burnout if left unchecked. A recent study showed that almost 40 percent of Wisconsin public defenders scored in the clinically significant range of burnout. Andrew P. Levin et al., Secondary Traumatic Stress in Attorneys and Their Administrative Support Staff Working with Trauma-Exposed Clients, 199 J. NERVOUS & MENTAL DISEASE 946–55 (2011). In addition, burned-out lawyers have been shown to be less committed to their organizations and report lower identification with organizational goals. Susan E. Jackson, Jon A. Turner & Arthur P. Brief, Correlates of Burnout Among Public Services Lawyers, 8 J. OCC. BEHAV. 339–49 (1987).

This makes me want to stay at home in my pajamas wishing I were on a beach in Bermuda. While studies and articles like this abound, they don’t tell the entire

Continued on page 3.

Joint newsletter of the Section’s Special Committee for Young Lawyers and the Young Lawyers Division’s Environment, Energy, and Resources Committee

2 Special Committee for Young Lawyers, June 2016

Copyright © 2016. American Bar Associa on. All rights reserved. No part of this publica on may be reproduced, stored in a retrieval system, or transmi ed in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior wri en permission of the publisher. Send requests to Manager, Copyrights and Licensing, at the ABA, by way of www.americanbar.org/reprint.

Any opinions expressed are those of the contributors and shall not be construed to represent the policies of the American Bar Associa on or the Sec on of Environment, Energy, and Resources.

Special Committee forYoung Lawyers NewsletterVol. 2, No. 1, June 2016Gary Steinbauer and Keith Zahniser, EditorsCristina Reichert, YLD EER Editor

In this issue:

Message from the ChairsAlexandra Campbell-Ferrari and Mathew Todaro ......................................1

Four Ways to Build Your Stress Resilience When You’re Short on TimePaula Davis-Laack .................................1

Cuba’s Constitutional Mandate for Environmental Protection: Is It Enough?Laura H. Sheely, PE .................................4

Reforming Ukrainian Laws to Protect Environment in the Wake of Confl ictViktoriia De Las Casas ............................6

Opening a Boutique Law Firm: Find a Niche Robert Bryson ..........................................9

DOJ/DOL Worker Endangerment Initiative: New Muscle for Prosecuting Workplace Safety Violations by Combining Environmental CrimesJulius M. Redd .......................................10

The Snaking Path of the Clean Power Plan and Its Potential Effects on Administrative LawChristina I. Reichert ..............................11

June 28, 2016 Update on the Latest Developments on TSCA Reform LegislationCommittee Program CallPesticides, Chemical Regulation and Right-to-Know Committee

June 29, 2016 Legal Issues and Litigation Relating to the Use of Unmanned Aircraft Systems / DronesPrimary Sponsor: ABA Judicial Division

June 30, 2016 2015 Year in Review and BeyondNon-CLE Webinar

August 3-5, 2016 28th Annual Texas Environmental Superconference - “It’s Like Dejà Vu All Over Aagain”Primary Sponsor: Environmental and Natural Resources Law Section of the State Bar of Texas

August 4-9, 2016 ABA Annual MeetingSan Francisco, CA

October 5-8, 2016 24th Fall ConferenceDenver, CO

March 28-29, 2017 35th Water Law ConferenceLos Angeles, CA

March 29-31, 2017 46th Spring ConferenceLos Angeles, CA

AMERICAN BAR ASSOCIATION

SECTION OF ENVIRONMENT, ENERGY, AND RESOURCES

For full details, please visit www.ambar.org/EnvironCalendar

CALENDAR OF SECTION EVENTS

3Special Committee for Young Lawyers, June 2016

stress story. Researchers surveyed almost 29,000 adults and asked them two questions:

1. How much stress did you experience in the last year?2. Do you believe that stress is harmful to your health?

Eight years later, the researchers checked to see whether stress impacted rates of mortality for these participants. What they found was that the participants with high levels of stress were more likely to die, but only if they also believed that stress was harmful to their health. The people with high levels of reported stress who did not believe that stress was harmful actually had the lowest risk of death of any group in the study. Abiola Keller et al., Does the Perception That Stress Affects Health Matter?, 31 HEALTH PSYCHOL. 677–84 (2012).

Stress will always be part of a busy law practice, but you can get better at dealing with stress and even learn to grow from it. This is known as stress resilience. Here are four stress relief strategies you can use to build resilience when you’re short on time:

Change your passwords. This technique is a form of priming—creating cues in your environment to prompt you to act in a certain way. I recently read an article about a guy who used this specific password technique to process his anger after his divorce. Mauricio Estrella, How a Password Changed My Life, May 14, 2014, https://medium.com/the-lighthouse/how-a-password-changed-my-life-7af5d5f28038#.2wzioqng1 (last visited Feb. 24, 2016). He changed his password to Forgive@h3r, and it worked. His next password was Quit@smoking4ever, and it helped him stop smoking. Think about how many times you enter a password during your day. Make that password something that is going to help you create the environment you want.

Develop a “stress helps” mind-set. Being a flexible, accurate, and thorough thinker under stress and pressure is a foundational skill set for resilience; however, thinking traps your core beliefs about your life experiences, and runaway thinking, or catastrophizing, can sabotage even the best intentions. Utilize the ARM technique from psychologist Alia Crum to build your “stress helps” mind-set (like those who are in Group B above):

Step 1: Acknowledge stress when you experience it—notice how and where it impacts you physically.

Step 2: Recognize that the stress response is linked to something you care about. What is at stake in this situation, and why does it matter to you?

Step 3: Make use of the heightened energy and focus that stress gives you.

Alia J. Crum, Peter Salovey & Shawn Achor, Rethinking Stress: The Role of Mindsets in Determining the Stress Response, 104 J. PERSONAL. & SOC. PSYCHOL. 716–33 (2013).

Improve your meaning quotient. According to the stress paradox, stress and meaning often go hand in hand. Health psychologist Kelly McGonigal explains that high levels of stress are often associated with well-being, and happy lives aren’t generally stress-free. Higher levels of stress typically go hand in hand with things we want in life—health, love, and meaning.

Dr. McGonigal suggests the following exercise: Think about what brings meaning to your life. Is it friends and family? Feeling grateful for the ability to practice law? The pro bono work you enjoy? Your health? Take a few minutes to list your most meaningful roles, relationships, goals, and activities. When you look at your list, circle those things on your list that are also a source of stress for you. If something on that list is both a source of meaning and stress, write about why that thing is so important to you. KELLY MCGONIGAL, THE UPSIDE OF STRESS: WHY STRESS IS GOOD FOR YOU AND HOW TO GET GOOD AT IT (Avery 2015).

Stop stress. My husband and I recently traveled together to see my new nephew. I was already feeling tired from a hectic travel schedule, and I was running short on sleep. Not a good combination for me. As I felt my frustration increase, I used this mindfulness technique from Doctors Bob Stahl and Elisha Goldstein to rebalance in the moment. The steps are as follows:

S: Stop. Literally, stop what you are doing and pay attention to how you’re feeling and what you’re thinking.T: Take a breath. Taking a quick breath or two helps you to re-center and re-focus.O: Observe. Take a mental note of where you feel tension in your muscles. Are your shoulders tight?

Continued from page 1.

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Join a Section Committee

Is your jaw clenched? What are you thinking, and are those thoughts productive or counterproductive?P: Proceed. Now that you have a little additional information about the sources of stress in your environment, proceed with what you were doing. The goal is to go about your merry way, but in a more intentional and balanced way.

BOB STAHL & ELISHA GOLDSTEIN, A MINDFULNESS-BASED STRESS REDUCTION WORKBOOK 60–61 (New Harbinger Publications, Inc. 2010).

Given the pace of our hectic lives and the importance you place on building your law practice, it can be easy to feel overwhelmed by stress. Building your stress resilience will help you manage the stress you feel at home and at work in a much healthier way.

Paula Davis-Laack, JD, MAPP, is a former practicing lawyer, an internationally published writer, media contributor, and a stress and resilience expert who has designed and taught burnout prevention and resilience workshops for thousands of professionals around the world. To learn more and to download a copy of her e-book, Addicted to Busy, please visit www.pauladavislaack.com.

CUBA’S CONSTITUTIONAL MANDATE FOR ENVIRONMENTAL PROTECTION: IS IT ENOUGH?Laura H. Sheely, P.E.

A Walk Along the Almendares

Putrid, stagnant, lifeless—these adjectives come to mind as I recall walking along the polluted Alm-endares River in Havana, Cuba. Fortunately, these words describe only a small slice of my experi-ences in Cuba. The island’s culture and landscapes are vibrant. Much of the island’s 3500 miles of coastline remains pristine, not unlike the Cuba that Italian explorer Christopher Columbus proclaimed in 1492 to be “the most beautiful land human eyes have ever seen.” Oliver A. Houck, Environmental Law in Cuba, 16 J. LAND USE & ENVTL. L. 1, 3 (2000) (quoting statement of Christopher Colum-bus). In its struggle to balance tourism and indus-trial development with environmental protection, the nation of Cuba is not alone. But with a crippled economy under a single-party dictatorship, preserv-ing Cuba’s environment has many unique chal-lenges.

Modern Cubans have long embraced conservation of their natural resources, and the post-revolutionary government in Cuba promoted public laws that paired well with environmental protection. At the 1992 World Summit in Rio de Janeiro, Cuban President Fidel Castro pledged to “[u]se all the science necessary for sustainable development, without pollution.” Id. at 16. Soon after Castro’s remarks, Cuba amended its constitution, creating a duty for all citizens “to contribute to the protection of the water and the atmosphere, and to the conservation of the soil, flora, fauna, and all the rich potential of nature.” Id. at 16–17 (quoting the Constitution of the Republic of Cuba art. 27, available at http://www.constitutionnet.org/files/Cuba%20Constitution.pdf).

Cuba’s Environmental Law

The current environmental law of Cuba is Law 81, which designates the Ministry of Science, Technology, and Environment (Ministerio de Ciencia, Tecnología y Medio Ambiente or “CITMA”) as the primary body in charge of advancing environmental policy and

Agricultural Management Air Quality Endangered Species Environmental Disclosure Environmental Enforcement and Crimes Environmental Litigation and Toxic Torts Environmental Transactions and Brownfields Pesticides, Chemical Regulation, and Right-to-Know Superfund and Natural Resource Damages Litigation Waste and Resource Recovery Water Qual ity and Wetlands Energy and Environmental Markets and Finance Energy and Natural Resources Litigation Energy and Natural Resources Market Regulation Energy Infrastructure and Siting Forest Resources Hydro Power Marine Resources Mining and Mineral Extraction Native American Resources Nuclear

The Section offers 33 substantive committees related to

environmental, energy, and natural resources law. Joining enables you to receive announcements of electronic newsletters and

communications geared towards your specifi c areas of interest.

There are NO additional costs for Section members to join a

committee, so join today!

www.ambar.org/EnvironCommittees

5Special Committee for Young Lawyers, June 2016

directing its enforcement. Matías F. Travieso-Díaz, Key Environmental Legislation for Cuba’s Transition Period, 21 U. PA. J. INT’L ECON. L. 331, 353 (2000) (citing Ley Número 81 del Medio Ambiente, published in Gaceta Oficial, July 11, 1997 [hereinafter Law 81]). CITMA has the power to resolve environmental issues, designate environmentally protected areas and buffer zones, and take measures with respect to specific areas, ecosystems, or resources on the island. Id. at 344 (citing Law 81 tit. II, art. 17). CITMA also issues environmental licenses and develops environmental impact assessments (EIAs) for facilities and activities that “may have significant impacts on the environment” including tourism installations, industrial parks, airports, chemical facilities, hospitals, roads, and mining operations. Id. (citing Law 81, art. 24). In addition, the ministry conducts inspections, mandates corrective measures, and issues fines and other sanctions. Id. (citing Law 81, arts. 42–43). One notable gap in Law 81 is that it lacks any provision for remediating abandoned industrial sites comparable to the Comprehensive Environmental Response, Compensation, and Liability Act in the United States. Id. at 347. This gap leaves the Cuban government without a reliable method to clean up its past environmental problems.

Moreover, CITMA’s findings related to environmental issues at new industrial and residential developments often come late in the planning processes, and even then CITMA recommendations can be overruled by Cuba’s Council of Ministers. Critics claim that Law 81 relies on “broad and vague” language and limits the public’s opportunity to weigh in on environmental matters. Indeed, the Cuban government has abolished some environmental advocacy groups that have challenged CITMA decisions. Id. at 350–52. Furthermore, because the government itself owns many of the facilities it is charged with regulating, there is a significant conflict of interest when balancing environmental concerns with economic benefits. See id. at 377, n.213.

Environmental Infrastructure

The island’s ability to maintain healthy urban environments rests directly upon the reliability of its infrastructure for managing the wastes generated there. But Cuba’s infrastructure for solid waste management, water supply, and wastewater treatment lags far behind that of more developed Western economies. See Josenrique Cueto & Omar De Leon, Evaluation of Cuba’s Water and Wastewater Infrastructure Including High-Priority Improvements and Order-of-Magnitude

Costs at 1, http://ctp.iccas.miami.edu/Appendices/Appendix_C_Water_Wastewater/Cueto_and_De_Leon_2010.pdf. Yet expert engineers and scientists are not lacking in Cuba. In fact, Cuba boasts a first-rate education system and one of the highest adult literacy rates in the world. It is therefore more likely that the island’s extremely limited supply of concrete and other building materials, rather than technical know-how, restricts its infrastructure for environmental protection.

On the space-limited island, landfills are often located near residential areas and create health hazards. But there is some evidence that Cubans are beginning to embrace recycling and to reduce the volume of solid waste that must be landfilled in the first place. In December 2011, the Council of Ministers approved Article 235, a new law that established Cuba’s policy and practices for recycling and encouraged increased recycling. Elvira Pardo Cruz, Cuba and Learning to Recycle, HAVANA TIMES, Nov. 14, 2014, http://www.havanatimes.org/?p=107195.

Cuba draws its water supply from a combination of groundwater and surface water sources bolstered by a network of government-built dams. But the island’s distribution system is plagued by shortages of chlorine, deteriorating pipes, and unreliable pump stations. Wastewater treatment infrastructure is also insufficient. One source stated that in 2010 Cuba had only 11 wastewater treatment plants on the entire island—all of which were in various phases of disrepair. Cueto & De Leon at 9. Another estimated that only 19 percent of the wastewater collected in Cuba’s cities received treatment. Carlos Lopez Vazquez, Alleviating Water Scarcity in Cuba, UNESCO-IHE Institute for Water Education, Aug. 13, 2014, http://chinawaterrisk.org/resources/analysis-reviews/alleviatingwater-scarcity-in-cuba/. However, the government completed a new system in April 2015 to provide parts of Havana, Cuba’s largest city, with a plant capable of treating wastewater well enough for reuse in industrial and agricultural applications. Wastewater Treatment Milestone in Cuba, UNESCO-IHE Institute for Water Education, Apr. 2, 2015, https://www.unesco-ihe.org/news/wastewater-treatment-milestone-cuba.

Change on the Horizon

In 2015, President Barack Obama called for ending the embargo that has prevented American trade, travel, and investments in Cuba since 1960. President Obama traveled to the island in March 2016—the first visit by

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an American president since Calvin Coolidge in 1928. As the political climate of Cuba becomes more open to visitors, some believe that “everything will change” as a result of a new wave of tourism. PBS Nature, Cuba, the Accidental Eden: A Brief Environmental History, Apr. 7, 2011, http://www.pbs.org/wnet/nature/cuba-the-accidental-eden-a-brief-environmental-history/5830/ (quoting Cuban marine conservationist Fernando Bretos: “The tourism impact has really been minimal in Cuba, but that’s going to change. When you go from 2 million tourists a year to 4 to 6 to 8, everything will change.”).

Americans could learn from Cubans: many of their buildings are constructed to allow natural sunlight and to draw cooling breezes to minimize power usage. Their rooftops are capped with solar panels and many homes utilize rain barrels. Without the trappings of prosperity, Cubans seem to have a deep respect for their natural environment with laws to match. At face value these provisions seem strong. But much will depend on the government’s determination to enforce their environmental laws. It is yet unknown whether the Cuban constitution and Law 81 will be enough to protect the beautiful island nation in the coming years. So these questions remain: is Cuba’s commitment to its constitutional duty to protect the environment strong enough to withstand a new wave of tourism and economic development, and will my next walk along the Almendares River be different?

Laura H. Sheely, P.E., is a second-year law student at Mississippi College School of Law in Jackson, Miss. Prior to law school she practiced as a professional engineer focusing on water quality projects. The author would like to thank Professor John Anderson who facilitated travel to Havana, Cuba, associated with his course on comparative constitutional law.

REFORMING UKRAINIAN LAWS TO PROTECT ENVIRONMENT IN THE WAKE OF CONFLICTViktoriia De Las Casas

For the last two years, Ukraine has been embroiled in a destructive conflict. While the fire has ceased officially,

sporadic shootings continue to plague Ukraine. Reports describing this conflict primarily focus on social and economic losses, including human mortalities, increases in unemployment, damage to the country’s infrastructure, and the national currency’s falling value. ENV’T PEOPLE L., MILITARY CONFLICTS IN EASTERN UKRAINE: CIVILIZATION CHALLENGES TO HUMANITY 7 (2015), available at http://epl.org.ua// article/ / ___Posibnuk_ATO_Cover_English.pdf. Additionally, major governmental priorities, such as ensuring safety, rebuilding economy, and strengthening democracy, are among the most often mentioned to address these losses. ENVTL. L. INST. & U.N. ENVTL. PROGRAMME, ASSESSING AND RESTORING NATURAL RESOURCES IN POST-CONFLICT PEACEBUILDING 1, Policy Brief No. 2 (2013). As a result, environmental damage has been largely overlooked.

Although addressing the conflict’s environmental consequences is not on the official agenda, leading nongovernmental organizations underline the need for such action. See MILITARY CONFLICTS IN EASTERN UKRAINE; ALL-UKRAINIAN ENVIRONMENTAL LEAGUE AND CONFERENCE MATERIALS ПЕРСПЕКТИВИ ВІДНОВЛЕННЯ СХОДУ УКРАЇ НИ НА ЗАСАДАХ ЗБАЛАНСОВАНОГО РОЗВИТКУ 4 [SUSTAINABLE DEVELOPMENT RENOVATION PERSPECTIVES FOR EASTERN UKRAINE] (2015), available at http://www.ecoleague.net/images/podii/ЗбіркаСловянськ_для_сайту.pdf. Eastern Ukrainian territories that serve as major industrial centers are ruined. Delay in cleaning up the affected areas would turn that part of Ukraine into an environmental hot spot that would later impair human health and gradually deteriorate natural resources throughout the country. See id. at 7. In the long term, the benefits of human health and natural resources protection will outweigh the costs associated with a prompt cleanup. ENVTL. L. INST. & U.N. ENVTL. PROGRAMME, supra, at 3.

But who should remediate the damage? International law offers limited, if any, opportunities for imposing liability for environmental harm caused because of an international conflict. See U.N. ENVTL. PROGRAMME, PROTECTING THE ENVIRONMENT DURING ARMED CONFLICT:

CALL FOR NOMINATIONS

The ABA Award for Excellence in Environmental, Energy, and Resources Stewardship

The Section is now accepting nominations for 2016. Nomination deadline: July 8, 2016.

For more information, visit: www.ambar.org/environawards

7Special Committee for Young Lawyers, June 2016

AN INVENTORY AND ANALYSIS OF INTERNATIONAL LAW (2009). No single international body monitors environmental damage and prosecutes the violators. See MILITARY CONFLICTS IN EASTERN UKRAINE, supra, at 9, 23. Additionally, emergence of a local conflict in Ukraine makes it difficult to properly allocate responsibility for environmental destruction.

Despite the scarcity of an effective international enforcement mechanism, the Ukrainian government should step in and fulfill its duty to protect the people and natural resources from environmental harm. Environmental safety is an inherent component of the country’s national security. Under Article 16 of the Ukrainian Constitution, the state is responsible for ensuring environmental security and maintenance of environmental balance in its territory. Конституція України [Constitution of Ukraine] art. 16 (Ukr.). Additionally, environmental integrity is a basic principle of Ukrainian supreme law according to numerous international conventions signed by Ukraine. See, e.g., Rio Declaration on Environment and Development, annex 1, June 3–14, 1992, U.N. Doc. A/CONF. 151/5/Rev. 1, reprinted in 31 I.L.M. 874. Acting under these explicit mandates, Ukraine has to address without further delay pollution of the environment.

Solving Environmental Problems

As an immediate step, the government should assess the scope of environmental and natural resources damage. ENVTL. L. INST. & U.N. ENVTL. PROGRAMME, supra, at 1. Environmental organizations already identified numerous problems that can serve as a starting point for the government:

• Ambient air pollution with hazardous gases and heavy metals formed during artillery bombardment, shell bursts, and explosives application. MILITARY CONFLICTS IN EASTERN UKRAINE, supra, at 59.

• Chemicals and heavy metals soil pollution due to shell bursts. Id. at 65.

• Burning of forests and vegetation as a consequence of artillery fires. Id. at 68, 71.

• Loss of wildlife, including endangered and threatened species.

• Infrastructure damage.• Movement of environmental refugees. H.

Weiskel & A. Voytsihovska, An Environmental Act of Peace in Conflict-Torn Ukraine, Envt’l L. Alliance Worldwide (2014), available

at http://www.elaw.org/system/files/1_environmental_act_of_peace_in_conflict_torn_ukraine.pdf.

• Indirect consequences, including Chernobyl remediation project delay.

Next, the country must adopt comprehensive and progressive laws. Ukrainian environmental statutes date back to the early years of the country’s independence. No comprehensive changes have occurred since then. The regulation of environmental protection during armed operations is fragmented and does not assign clearly the function of environmental monitoring. MILITARY CONFLICTS IN EASTERN UKRAINE, supra, at 9. Further, the organization and functioning of authorities that execute environmental laws lack coherence. The Ministry of Ecology and Natural Resources (ministry) is the central executive body, similar to the U.S. Department of the Interior. Its 24 regional divisions, however, act under the local executive authorities’ direct supervision, rather than that of the ministry. Thus, regional divisions exercise clear independence from the ministry, often deviating from its centralized policy.

Developing new laws, Ukraine should consider the efforts of other countries, learning from their successes. As Ukraine integrates with the European Union (EU), it should take into account European environmental statutes. Moreover, several of the United States’ progressive principles from the reformation of its environmental sector also can be beneficial if adopted in Ukraine.

Centralized Environmental Protection Body with Enforcement Powers

The modern American environmental movement that arose out of publicity surrounding pesticide contamination, oil spills, and other catastrophic incidents led to the establishment of a leading agency created to protect human health and the environment—the U.S. Environmental Protection Agency (EPA). Although progress in eliminating contamination in the United States cannot be solely attributed to the EPA, a centralized body with responsibilities to regulate, investigate, and enforce environmental laws is essential to the successful functioning of an environmental protection system. In Ukraine, environmental policies and rulemaking should come from one similarly situated agency. That agency should also possess broad enforcement powers with a mandate to exercise them aggressively.

8 Special Committee for Young Lawyers, June 2016

Leadership Development Program: Application Deadline: Friday, July 8, 2016

For more informa on, please visit www.ambar.org/environldp

The Sec on is accep ng applica ons for its Leadership Development Program (LDP). Now in its seventh year, the LDP is designed to support Sec on members interested in expanding a current leadership role or growing their knowledge of the Sec on so that they can assume a leadership role in the future. The Sec on is seeking to iden fy and enroll up to twelve Sec on members who exhibit an interest in increased Sec on involvement or leadership responsibility and who can commit to the Leadership Development Program over one year (September 2016- August 2017). We an cipate that these individuals will refl ect diversity and help the Sec on support ABA Goal III.

The LDP is for you–whether you are a new or long standing Sec on member–if you desire to take on a Sec on leadership role in the future. Preference will be given to applicants who have had some involvement in the Sec on in the past (e.g., wri ng for a commi ee newsle er; a ending a conference; contribu ng a chapter to a book; par cipa ng in webinars or commi ee calls; serving as a SEER Guide), but who otherwise have not yet served in a signifi cant SEER leadership role (such as Chair of a Commi ee).

Citizen Suits and Public Participation

Likewise, the United States has an unprecedented history of citizens enforcing environmental statutes via lawsuits and otherwise acting as environmental watchdogs. Citizen suits brought by individuals and nongovernmental organizations often lead to corrections of environmental law violations by private actors and the government. For example, in Friends of the Earth, Inc. v. Laidlaw Envtl. Services, Inc., 528 U.S. 167 (2000), the U.S. Supreme Court allowed South Carolina’s North Tyger River residents to proceed with a clean water permit violation claim against an industrial polluter. As a result of that citizen’s suit, the polluter paid civil penalties. Id. While not always successful, such lawsuits often bring attention to environmental problems.

Additionally, the public can stress the importance of environmental problems in other ways. Media coverage of environmental issues, just like the recent drinking water lead contamination in Flint, Michigan, can accelerate solving the problems. Further, the public can act as an environmental watchdog when commenting on rulemaking and lobbying legislative bodies to improve the substance of regulations and laws.

For these reasons, citizen suit provisions should be included in Ukrainian environmental statutes, and the public, including the media, must be given more opportunities to participate in the decisions affecting environment and human health. Elevated national pride, currently persistent in Ukraine due to the conflict, can positively contribute to raised awareness of environmental problems and the spread of progressive solutions to such problems. ENVTL. POLICY & LAW, No. 4 (2016).

Sustainable Development and Climate Change

The United States’ experience with incorporating sustainable development goals and accounting for climate change is limited due to the relative novelty of both issues. However, the United States rightfully acknowledged a need to consider them seriously. See Statement by President Barack Obama on the Paris Climate Agreement (Dec. 12, 2015), https://www.whitehouse.gov/the-press-office/2015/12/12/statement-president-paris-climate-agreement. Accounting for the effects of climate change effects while also developing sustainable goals, Ukraine would efficiently rebuild destroyed territories, attracting foreign investments and possibly even international assistance.

Conclusion

To conclude, the Ukrainian government should protect the country from the negative environmental consequences of the conflict. Prompt contamination remediation will also benefit Ukraine in its democracy building and the EU-integration efforts. By engaging broad layers of society to participate in the remediation efforts, Ukraine can achieve positive changes. Restoring the environment after a conflict is a peace-building objective, often leading to sustainable laws and infrastructure that comply with international standards and best practices.

Viktoriia De Las Casas is an attorney at Akin Gump Strauss Hauer & Feld in Washington, D.C., working in the Environment, Natural Resources and Land practice. She is a native Ukrainian and earned her first law degree in Ukraine, where she previously practiced real estate law.

9Special Committee for Young Lawyers, June 2016

OPENING A BOUTIQUE LAW FIRM: FIND A NICHERobert Bryson

That statement is impressively vague, “find a niche.” Every attorney dreams about becoming the driving-under-the-influence (DUI) attorney or the videogame attorney. So how do you do it?

Find a Niche

The trick is to start small. Spend your free time reading about various areas of the law. Reach out to colleagues in different practice areas. Ask them about their practice and how they meet clients or get referrals. Research the legal market in your city. Come up with a modest schedule, a few hours a week. Eventually, the knowledge will begin to cascade and the process will go faster. Try to figure out what has not been done or an angle that has not been approached. The more complicated and obscure the niche, the better.

For example, do not market yourself as a “DUI” attorney. Become the attorney that specializes in license reinstatement, reducing insurance rates, and removing points. You can operate in generic DUI law, but you are also an authority on these interrelated topics. It showcases your ability to help clients beyond the courtroom. Become the authority.

Do It Before You Start Your Firm

It is extraordinarily more difficult to develop your niche once you begin soliciting clients. Between marketing, client meetings, research, and networking, there is no time or desire to conduct side research. Unfortunately, I made that mistake and am now paying for it. I was pushed into my solo practice by a series of bad calls and bad luck. I am pulling it together but it was not and is not easy.

For example, I have both litigation and transaction clients. I have both administrative law and judicial clients. It is a good day when I can recycle briefs, motions, and research. Luckily, those days are becoming more common; however, those first few months were frantic and sleepless. I was learning a new practice area once or twice a week. There are ways to cope, like volunteering at legal aid to get crash courses, but you constantly question whether you are missing something important. It is maddening and stressful. Do not make this mistake. Take the time to develop your legal knowledge, research library, and niche before you strike out on your own.

Brand Your Firm

A niche provides more than reliable clients and focused research: it also naturally extends into your marketing and branding. For example, DUI attorneys achieve that title not because they won the DUI case of the century, but because they branded themselves as the authority.

Every event, like a bar event or continuing legal education (CLE), is an opportunity to brand your firm. Before you attempt this approach, become an authority on the subject. Nothing is worse for your reputation than to tank a question during a CLE presentation. You must know all of the important statutes, cases, and technical terms, in addition to keeping abreast of developments. Do not focus on just the legal aspects; follow the political and scientific developments. Connect your legal knowledge with the real world. That method showcases your authoritative grasp. Eventually, your fellow attorneys will associate you with weird situations in your niche. And more importantly, they will remember you if they need a referral or advice.

Start a blog that discusses your niche. Publish articles in state and local bar publications, like the American Bar Association. Mirror all of this content onto your website and social media accounts. Find and connect with other lawyers and experts that operate in your niche. Share their content and see if they will share yours. The more content you push, the more you appear like an authority. Branding is about creating an aura of authority (which you can ideally back up with action). The more arrows in your quiver—website, blog, articles, CLEs—the more your brand is supported.

Conclusion

Once you have your niche, meeting clients and developing relationships become that much easier. You can skip the part where you explain your practice because people will know. Clients will gravitate toward you. Fellow attorneys will rely on you. And building a core business will become that much easier. Ideally, your biggest problem will shift from getting clients to managing all of their cases.

And if the unthinkable happens and you wake up one day hating your niche, do not worry—you are successful. You can take the cases you really like even though they may not pay out. It will not matter because you developed a reliable core business.

Robert Bryson is a newly minted lawyer yearning for the day he follows his own advice. He operates a boutique law firm in San Diego serving clients that pay him with papayas and couch change.

10 Special Committee for Young Lawyers, June 2016

DOJ/DOL WORKER ENDANGERMENT INITIATIVE: NEW MUSCLE FOR PROSECUTING WORKPLACE SAFETY VIOLATIONS BY COMBINING ENVIRONMENTAL CRIMESJulius M. Redd

Background

Employers should take note of a recently announced Department of Justice (DOJ) and Department of Labor (DOL) Worker Endangerment Initiative because it will likely spawn more investigations, increased enforce-ment, and stiffer penalties. Under a December 17, 2015 memorandum of understanding (MOU) between the DOJ and the DOL, both agencies agreed to coordinate the investigation and prosecution of worker safety vio-lations. See Memorandum of Understanding Between the U.S. Departments of Labor and Justice on Criminal Prosecutions of Worker Safety Laws (Dec. 17, 2015), available at https://www.justice.gov/enrd/file/800526/download (hereinafter “Dec. 17 MOU”). The DOJ’s En-vironment and Natural Resources Division (ENRD) and U.S. Attorneys’ Offices will work with the DOL to look for and prosecute environmental crimes where there are violations of workplace safety laws. See Press Release, U.S. Department of Justice, The Departments of Justice and Labor Announce Expansion of Worker Endanger-ment Initiative to Address Environmental and Worker Safety Violations (Dec. 17, 2015), available at https://www.justice.gov/opa/pr/departments-justice-and-labor-announce-expansion-worker-endangerment-initiative-address (hereinafter “Dec. 17 DOJ Press Release”).

In a memo to all U.S. attorneys, Deputy Attorney General Sally Yates urged federal prosecutors to work with the ENRD to consider prosecuting environmen-tal crimes when the Occupational Safety and Health Act (OSH Act), the Migrant and Seasonal Agricultural Worker Protection Act, or the Mine Safety and Health Act is violated, as a method of enhancing penalties and increasing deterrence. See Memorandum from Sally Yates to All United States Attorneys (Dec. 17, 2015), available at https:// www.justice.gov/enrd/file/800431/download. Yates argues that the stepped-up enforce-ment mechanisms are necessary because, on an average day, 13 workers die on the job, 150 workers die from occupational diseases, and thousands more are injured. See Dec. 17 DOJ Press Release.

No New Resources, but Increased Coordina-tion and Penalties

The impetus for this initiative is to impose more severe penalties on employers who violate worker endanger-ment laws. Under the initiative, criminal worker safety prosecution will be transferred from the DOJ Fraud Section to the ENRD Environmental Crimes Section, which plans to “vigorously prosecut[e] employers who break safety and environmental laws at the expense of American workers.” Id.

While the three federal worker safety statutes empha-sized under the initiative typically only prosecute viola-tions as misdemeanors, employers face much tougher penalties when worker safety violations are prosecuted in conjunction with environmental crimes and other title 18 felonies. For example, under the OSH Act, an employer who willfully violates a safety standard that results in the death of an employee can only be con-victed of a misdemeanor and cannot be imprisoned for more than six months (unless there is a repeat violation, in which case the maximum penalty increases to one year). See 29 U.S.C. § 666(e). Because OSH Act crimes are misdemeanors, relatively few employers have been prosecuted and many employers view the OSH Act penalties as simply a cost of doing business; this is not the case with environmental statutes.

All the major environmental statutes, such as the Clean Air Act, the Clean Water Act, and the Resource Con-servation and Recovery Act, prescribe felony criminal penalties for certain violations. These environmental felonies carry significant potential jail time and fines, with imprisonment ranging from 5 to 20 years and fines into the millions of dollars. Title 18 offenses, which are often prosecuted in conjunction with environmental and worker safety violations, include the so-called lying, cheating, and stealing offenses, such as providing false statements, obstruction of justice, witness tampering, and conspiracy. These supplemental charges help to increase the jury appeal of the technical violations.

Further, the ENRD is also working to strengthen civil cases that involve worker safety violations. See Dec. 17 DOJ Press Release. The DOJ has taken the posi-tion that violations of the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and the Toxic Substances Control Act can have a direct effect on workers who handle dangerous chemicals. Id.

11Special Committee for Young Lawyers, June 2016

Individual Accountability

Occupational health and safety personnel are well ad-vised to take the Worker Endangerment Initiative very seriously, lest they be held personally liable. In addition to the December 17 memorandum, Deputy Attorney General Yates authored another memo on September 9, 2015, in which she directs federal prosecutors to ag-gressively investigate and prosecute individuals who are involved in committing corporate crimes. See Memo-randum from Sally Yates to Assistant Attorneys General and All United States Attorneys (Sept. 9, 2015), avail-able at https://www.justice.gov/dag/file/769036/down-load. The combination of the two policy pronounce-ments could subject environmental, health, and safety employees, including executives, to severe criminal and civil penalties for routine worker safety violations where environmental violations also exist.

Julius M. Redd is an attorney in the Washington, D.C., office of Beveridge & Diamond PC, where his practice involves commercial and environmental litigation. He represents clients in civil litigation, in civil and white-collar criminal matters arising under all major environmental statutes, including the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the Safe Drinking Water Act, and in suspension and debarment proceedings. He may be reached at jredd@bdlaw.com.

THE SNAKING PATH OF THE CLEAN POWER PLAN AND ITS POTENTIAL EFFECTS ON ADMINISTRATIVE LAWChristina I. Reichert

“‘When it comes to the Clean Power Plan, it is best to expect the unexpected.’” Ellen M. Gilmer, Both Sides Claim Upper Hand After “Complete Surprise” from Court, E&E NEWS, May 17, 2016, www.justice.gov/enrd/file/800431/ (quoting Scott Segal, director of the Electric Reliability Coordinating Council). People tracking this litigation will recognize the truth of this statement. From unprecedented stakeholder involvement to the U.S. Supreme Court stay, to the death of Justice Antonin Scalia, to the D.C. Circuit Court of Appeals’ decision to hear the case en banc, the path of the Clean Power Plan litigation has experienced many twists and turns. But with the importance of this case, in terms of the future of administrative law, the trajectory of a changing electricity sector, and meeting international commitments on climate change, it is not surprising that courts are taking a hard look at the Clean Power Plan.

Distinctive Aspects of the Clean Power Plan

As part of President Barack Obama’s plan to address climate change, the Environmental Protection Agency (EPA) relied on its authority to regulate greenhouse gases using the Clean Air Act and released the Clean Power Plan. The Clean Power Plan, promulgated under section 111(d) of the Clean Air Act, establishes the first federal greenhouse gas emissions limits for the existing fleet of fossil fuel-fired power plants. 80 Fed. Reg. 64,661 (Oct. 23, 2015). The EPA established the rule’s emissions reduction goals through the “best system of emission reduction,” which consists of three building blocks: (1) improving efficiency at coal-fired power plants; (2) increasing generation at natural gas combined cycle units; and (3) shifting generation to renewables. Id. at 64,717, 64,723–58, 64,787–811. The Clean Power Plan and the context surrounding the rule are distinctive in a number of ways.

First, the litigation presents interesting questions of statutory interpretation and the bounds of agency discretion because the litigation comes on the heels of King v. Burwell, 135 S. Ct. 2480 (2015), and Utilities Air Regulatory Group v. EPA, 134 S. Ct. 2427 (2014) (UARG), which scholars suggest could indicate a trend toward limited deference to agencies. See Jonathan

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12 Special Committee for Young Lawyers, June 2016

H. Adler, Could King v. Burwell Spell Bad News for the EPA?, VOLOKH CONSPIRACY, July 3, 2015, https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/07/03/could-king-v-burwell-spell-bad-news-for-the-epa (noting that the decision could undermine the outcome of Clean Power Plan challenges); see also Jody Freeman, The Chevron Side Step: Professor Freeman on King v. Burwell, ENVTL. L. PROGRAM EMMETT CLINIC POL’Y INITIATIVE, http://environment.law.harvard.edu/2015/06/25/the-chevron-sidestep. The case deals with two separate questions of statutory interpretation and agency deference: (1) whether the EPA may regulate greenhouse gas emissions from existing power plants under section 111(d) if the agency already regulates hazardous air pollutant emissions from the same sources under section 112; and (2) whether the best system of emissions reductions includes actions “outside the fence line”—meaning actions other than those at the power plant itself (e.g., scrubbers).

Second, the amount of stakeholder involvement during the administrative process was tremendous, much greater than those who commented on other contentious EPA regulations, with the Clean Power Plan receiving 4.3 million comments, the Mercury Air Toxics Standard (MATS) receiving over 900,000 comments, and the Cross-State Air Pollution Rule (CSAPR) receiving hundreds of comments. Press Release, EPA, Obama Administration Takes Historic Action on Climate Change (Aug. 3, 2015), https://yosemite.epa.gov/opa/admpress.nsf/bd4379a92ceceeac8525735900400c27/c5df9981993c6df785257e96004d4f14!OpenDocument; EPA, Fact Sheet: The Cross-State Air Pollution Rule, https://www3.epa.gov/crossstaterule/pdfs/CSAPRFactsheet.pdf (last visited May 20, 2016); Press Release, EPA, EPA Issues First National Standards for Mercury Pollution from Power Plants, (Dec. 21, 2011), https://yosemite.epa.gov/opa/admpress.nsf/bd4379a92ceceeac8525735900400c27/bd8b3f37edf5716d8525796d005dd086!OpenDocument. Depending on which expert you ask, these escalations in public participation may or may not be a good thing. Compare Roger C. Cramton, The Why, Where and How of Broadened Public Participation in the Administrative Process, 60 GEORGETOWN L.J. 525 (1972), with Stuart Minor Benjamin, Evaluating E-Rulemaking: Public Participation and Political Institutions, 55 DUKE L.J. 893, 904–13 (2006).

Third, the issue addressed by the Clean Power Plan, climate change, is one of the biggest issues in the world today. As such, the rule is a key part of the

Administration’s plan to meet its commitments for the Paris Agreement. Climate change is also highly politicized, drawing much attention from both sides of the aisle.

Finally, the scope of the rule, the electricity sector, is incredibly important given its role in providing affordable and reliable energy to the United States. This sector is also in the midst of a transition, where the role of policy, including the Clean Power Plan, is uncertain.

Supreme Court Stay

The first twist in the Clean Power Plan litigation was the Supreme Court’s decision to grant the challengers’ request to stay the rule. After the D.C. Circuit Court denied the parties’ request, the challengers did not request review of the court’s opinion. Rather, the litigants petitioned the Supreme Court to stay the rule itself, and the Court granted this request. This decision was a surprise to all parties since none could point to precedent of the Court granting a stay when there was no lower court decision. Craig N. Oren, What Will Come from the Supreme Court’s Stay of EPA’s Clean Power Plan?, REGBLOG, Feb. 22, 2016, http://www.regblog.org/2016/02/22/oren-clean-power-plan-stay. This decision has a number of implications for the future of administrative law.

Lisa Heinzerling argues that the decision demonstrates the Court’s “doubling down” on the interpretive canons of the major questions doctrine, such as, “When an agency charged with administering a long-existing statute asserts regulatory authority it has not previously used, in a matter having large economic and political significance, its interpretation will be disfavored.” Lisa Heinzerling, The Supreme Court’s Clean-Power Power Grab, GEORGETOWN ENVTL. L. REV. (forthcoming May 2016), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2737441. Heinzerling points to the submissions requesting the stay, which leaned heavily on the major questions doctrine outlined in UARG, as evidence that the Court may have granted the stay because it anticipates revisiting this doctrine. This point is particularly interesting given the questions about the bounds of the major questions doctrine. See Jonas Monast, Major Questions About the Major Questions Doctrine, ADMIN. L. REV. (forthcoming Aug. 2016) (on file with author).

Although this decision may have set a precedent, it seems unlikely given the Court’s decision to deny

13Special Committee for Young Lawyers, June 2016

a similar request in the MATS litigation. Robin Bravender, Bid for Mercury Stay Tests Justices’ Zeal for Curbing EPA, E&E NEWS, Feb. 26, 2016, http://www.eenews.net/greenwire/stories/1060033088/search?keyword=scalia; Robin Bravender, Roberts’ Refusal to Halt Rule Means No “Open Season” on EPA, E&E NEWS, Mar. 3, 2016, http://www.eenews.net/greenwire/stories/1060033399/search?keyword=mats+stay+denied.

D.C. Circuit Sua Sponte Grants En Banc

The most recent turn for the Clean Power Plan litigation was the D.C. Circuit Court’s sua sponte decision to hear the case en banc—meaning the judges who participated in the decision, five Democratic and four Republican appointees, will hear the case rather than the initially selected panel, two Democratic and one Republican appointee. Ellen M. Gilmer, Both Sides Claim Upper Hand After “Complete Surprise” from Court, E&E NEWS, May 17, 2016, http://www.eenews.net/climatewire/stories/1060037361/search?keyword=en+banc. Another result is that although there is an initial delay in the litigation, the Clean Power Plan may now reach the Supreme Court sooner. Ellen M. Gilmer & Robin Bravender, Latest Legal Twist Shuffles Calendars, Prospects, E&E NEWS, May 17, 2016, http://www.eenews.net/greenwire/stories/1060037396/search?keyword=en+banc.

The potential effect of this decision on administrative law is unclear. Unlike the Supreme Court stay, there is precedent for this occurrence: the court took the same approach in United States v. Microsoft, 253 F.3d 34 (D.C. Cir. 2001), likely because only seven judges could participate in en banc review. Jonathan Adler, Clean Power Plan to Get Unanticipated En Banc Review, VOLOKH CONSPIRACY, May 16, 2016, https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/05/16/clean-power-plan-to-get-unanticipated-en-banc-review. But this decision may set a precedent signaling sua sponte en banc review for other legally important and complex cases.

The decision may also have implications on administrative law through the substance of the Clean Power Plan litigation. In an interview, James Rubin explained that the decision could change the substance of the arguments since litigants tend to shape their arguments to the judges hearing the case. OnPoint, Dorsey & Whitney’s Rubin Says D.C. Circuit Decision Likely to Affect Substance of Arguments, E&E NEWS, May 19, 2016, http://www.eenews.net/tv/videos/2132/

transcript. Based on this tailoring, the inclusion of Judge Brett M. Kavanaugh on the panel may affect the decision’s effect on deference doctrines and canons of statutory interpretation, given the judge’s jurisprudence in these areas. See, e.g., White Stallion Energy Ctr., LLC v. EPA, 748 F.3d 1222, 1258–73 (D.C. Cir. 2014) (Kavanaugh, J., dissenting).

Detour Up Ahead?

Given the snaking path of this litigation, it is dangerous to prognosticate on what future twists and turns may lie ahead. The case may affect the future of deference doctrines (Chevron v. major questions doctrine), the canons of statutory interpretation, and the United States’ climate commitments under the Paris Agreement.

What we do know is that the electricity sector is in the midst of transformation, and some form of climate policy, whether or not it is the Clean Power Plan, may play a huge role in how that transformation plays out.

Christina I. Reichert serves as policy counsel at Duke University’s Nicholas Institute for Environmental Policy Solutions and as a vice chair for the Environment, Energy, and Resources Committee in the American Bar Association’s Young Lawyer Division.

I spied this storm water rain garden on a recent trip to Washington, D.C. As it turns out, the District’s Department of Energy & Environment has a market-based credit-trading system complete with an active online registry, all within its MS4 Program under the Clean Water Act. (See doee.dc.gov/service/get-riversmart for more information.) If the CWA is to achieve its goal of restoring the integrity of the nation’s waters, this is the type of innovative policy design we need across the country. #cwainaction (Mat Todaro)

Out-of-Office

14 Special Committee for Young Lawyers, June 2016

Published by the Section of Environment, Energy, and Resources

The Superfund ManualA Practitioner’s Guide to CERCLA LitigationPeter L. Gray

Emphasizing the practitioner’s need for current, focused, and case-oriented information, this guidebook to CERCLA litigation casts light on the cases and issues central to Superfund cases. This book provides key summaries of the state of the law under CERCLA along with valuable practice tips. Topics cover governmental response authority under CERCLA, remedy selection procedures, abatement authority, liability issues, settlement, judicial review, private party actions, natural resources damages, reporting requirements, bankruptcy, insurance, and more.2016, 478 pages, 6 x 9, Paperback/eBook, Product Code: 5350254List Price: $129.95 Section of Environment, Energy, and Resources Member Price: $99.95

Ocean and Coastal Law and PolicySecond Edition Donald C. Baur, Tim Eichenberg, Georgia Hancock Snusz, and Michael Sutton, EditorsCurrent, authoritative yet practical, this is a trusted resource for practitioners, government officials, and scholars that explains the current legal framework of our ocean and coastal policies. Providing balanced insights and expertise of the country’s leading scholars and practitioners, this updated volume covers the full array of issues in ocean and coastal law. Chapters address the current state of the law for each subject, followed by analysis of the critical emerging and unresolved issues.2015, 944 pages, 7 x 10, Paperback/eBook, Product Code: 5350253List Price: $139.95 Section of Environment, Energy, and Resources Member Price: $119.95

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International Environmental LawA Practitioner’s Guide to the Laws of the PlanetRoger R. Martella, Jr., and J. Brett Grosko, EditorsWith clients faced with a rapidly emerging and confusing regime of international environmental laws, there is a growing need for their attorneys to understand the unique ramifications of international environmental law. This compendium provides an analytical framework to help practitioners advise clients. It discusses key issues reflecting the current international environmental law and how to approach an issue in this arena and provides a template for considering comparative and international environmental law questions.2014, 1,107 pages, 7 x 10, Paperback/eBook, Product Code: 5350251List Price: $179.95 Section of Environment, Energy, and Resources Member Price: $139.95

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