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Staying A oat
Adapting to Climate Change on
the Gulf and Beyond
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Brian Bromberger- Dean, Loyola College of Law
Robert Verchick- Faculty Advisor (on leave)Samuel Steinmetz- Assistant Director, Loyola Center for Envtl Lawand Land Use
Dan Worth- Executive Director, National Association of Environ-mental Law Societies
Sarah Johnson- President, Loyola Environmental Law SocietyWhitford Remer- Chair, 2010 NAELSBailey DeRouen - Co-Chair, 2010 NAELSTara Myers- Co-Chair, 2010 NAELSCaitlin Byars- Lodging and TransportationLindsey Crow- Student OutreachLydia Fakes- Couch Surfing CoordinatorMegan Hudson-Volunteer CoordinatorRene Merino- Conference HistorianTara Mikhail- CommunicationsJoseph Moore- Site OperationsRon Ramirez- Treasurer
Abraham Sandel - Program Designer
Michael Schachtmanm- Food and EntertainmentKate Trotter- Marketing and Outreach
Welcome to New Orleans and the 2010 National Association o Environ-mental Law Societies (NAELS) Annual Conerence! It is a great pleasure or Loy-ola University New Orleans College o Law to host this years conerence - StayingAfoat: Adapting to Climate Change on the Gul and Beyond.
The theme o the conerence has both a fgurative and literal approach orNew Orleans and coastal communities across the globe. Climate change presentsan assortment o oreseeable and unorseeable risks with wide ranging implica-tions. It is important we begin to recognize risks, evaluate trends, and adjust ouractions accordingly. While we still maintain the fght to prevent the worst potentialclimate change catatstrophes, we must plan or those changes we cannot prevent,the changes we must adaptto.
New Orleans is no stranger to the consequences o inaction. The devestat-ing atermath o Hurricane Katrina in New Orleans dramatically illustrated theailure o government to recognize risks and crat eective and proactive environ-
mental policy. However, as the fth anniversary o Katrina approaches, we reportbuoyant news rom New Orleans. For the frst time in the Citys history, New Or-leans has adopted a comprehensive master plan that specifcally recommends thatthe City account or climate change and anticipated global sea level rise to meetnew community standards or resilience and sustainability.
Climate adaptation policies are taking shape across the nation as commu-nities begin to recognize their own vulnerabilities and the risks pos ed by climatehazards. Just last October, in Comer v. Murphy Oil, a three judge panel o theU.S Fith Circuit reversed a District Court dismissal o nuisance claims related todamagerom Hurricane Katrina, and allowed plaintis to rely on allegations o acausal link between greenhouse gas emissions, global warming, and the destructiono the plaintis property by rising sea levels and the added erocity o HurricaneKatrina.
With all o the exciting legal developments surrounding climate change,NAELS elt it was particularly important to highlight the oten disproportionateadverse eects on environmental justice communities. We hope this ocus will stim-ulate continued interest in the social justice movement. Helping marginalized com-munities adapt to climate change by increasing awareness can create saer, moreequitable, and sustainable places or all o us.
We would like to thank the aculty and administration o Loyola UniversityNew Orleans and the College o Law or their generosity and support. We wouldalso like to thank our keynote speakers and distinguished panelists or joining us inthis important discussion. Finally, we extend a special welcome to member groupso the National Association o Environmental Law Societies (NAELS). As we sayin New Orleans, Laissez Les Bon Temps Rouler!
Staying Afloat
Adapting to Climate
Change on the Gulf
and Beyond
NALES 2010 Planning Committee
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John M. Barryis a prize-winning and New York imes bestselling au-thor whose books have won more than twenty awards. In 2006 the National
Academies invited him to give its annual Abel Wolman Distinguished Lecture
on Water Resources . He is the only nonscientist ever to give that lecture. In
1998 Rising ide: Te Great Mississippi Flood o 1927and How It Changed
America, won the Francis Parkman Prize o the Society o American Historians
or the years best book o American history. Mr. Barry currently serves on the
Southeast Louisiana Flood Protection Authority East & Coastal Protection
and Restoration Authority or Louisiana. Mr. Barry will present on the unique
topic o oodplain management, and how low lying and deltaic communities
must respond and adapt to climate change.
Michael Gerrard is the Proessor o Proessional Practiceand Director o the Center or Climate Change Law at Columbia Law School.
Until late 2008, he headed the New York oce o Arnold & Porter LLP and its
environmental practice, and he is currently Senior Counsel to the rm. He has
practiced environmental law in New York since 1979. He was the 2004-2005
chair o the American Bar Associations 10,000-member Section o Environ-
ment, Energy, and Resources, and authored Global Climate Change and U.S.
Law. Legal Media Groups Guide to the Worlds Leading Environment Lawyers,
based on 4,000 questionnaires, reported that Mr. Gerrard received more per-
sonal nominations or this guide than any other lawyer in the world. We are
excited to eature one o the oremost climate change lawyers to join us or the
conerence.
Amory Lovins co-author oNatural Capitalism: Creating theNext Industrial Revolution, is the coounder, Chairman, and Chie Scien-tist at the Rocky Mountain Institute in Snowmass, Colorado. Published in 29
books and hundreds o papers, he advises governments and major rms world-
wide on advanced energy and resource eciency, and has led the technical re-
design o more than $30 billion worth o acilities in 29 sectors to achieve very
large energy savings at typically lower capital cost. Mr. Lovins presentation at
2010 NAELS will ocus on how major industries can use new and innovative
technology to increase eciency and curb overall green house gas emissions.
Richard Louv is an author and journalist ocused on nature, am-ily and community. His most recent book, Last Child in the Woods: Saving
Our Children From Nature-Defcit Disorder, has stimulated an internation-
al conversation about the uture relationship between children and nature,
and has helped spawn a movement that is now moving into the international
sphere. Richard has written or Te New York imes, Te Washington Post, and
many other newspapers and magazines. In 2008, he was awarded the Audubon
Medal by the National Audubon Society. Mr. Louv is also the Chairman and
Co-Founder o the Children and Nature Network. Important to 2010 NAELS
is the role children and diet will play in how communities and land use practices
respond and adapt to climate change.
F. Gerald Maples is the ounder and senior attorney in the NewOrleans based law rm, F. Gerald Maples, P.A. He has over thirty years experi-
ence in toxic disease and environmental contamination cases and has represent-
ed over twenty thousand industrial disease victims as well as property owners
who have suered the eects o environmental pollution. In the afermath o
Hurricane Katrina the rm led two uniquely important cases. One case, St.
Bernard Parish Government vs. USA, involves the taking o property rights by
the United States Government due to the man-made destruction o Louisiana
wetlands by the United States Army Corp o Engineers. Te other case, Comer
vs. Murphy Oil, et al . is a decision by the Fifh Circuit Court o Appeals that
establishes the undamental jurisdictional, standing, and redressability require-
ments that orm the basis o climate change litigation. In recognition o the
victims o Hurricane Katrina, and the countless uture victims o man-made
global warming, Mr. Maples has established a non-prot organization designed
to bring help to cl imate change victims called Footnote18.
Dr. Beverly Wright is a proessor o Sociology and the ound-ing director o the Deep South Center or Environmental Justice (DSCEJ). For
more than a decade, Dr. Wright has been a leading scholar, advocate, and activ-
ist in the environmental justice arena. In October o 2009, Dr. Wright received
a Heinz Family Foundation award or her work in environmental justice. She
has created a unique center ormerly at Xavier University currently at Dillard
University in New Orleans, Louisiana. Te DSCEJ is one o the ew communi-
ty/university partnerships that addresses environmental and health inequities
in the Lower Mississippi River Industrial Corridor, the area commonly reerred
to as Cancer Alley. Dr. Wright will present on how environmental justice com-
munities are aected by climate change.
Key Note Speakers
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im Duggan- Landscape Architect, Make It Right Foundation
Denise J. Reed- Proessor and Interim Director, Pontchartrain Institute or
Environmental S ciences
Stephen D. Villavaso- Planner, Villavaso and Associates
International Environmental Law:Copenhagen and BeyoND
With the recent close o the Copenhagen Climate Summit, developed and developing na-tions ailed to ormalize a treaty that would address global climate change. Tis panel willlook at international climate change law and analyze the ramework that spawned this rapidlygrowing legal eld, what exactly we can take away rom Copenhagen, and what the utureholds in terms o a global climate treaty.
Markus G. Puder- Associate Proessor, Loyola University New Orleans, Colleg e o LawDurwood J. Zaelke- President, Institute or Governance and Sustainable Development
Moderator: James Patrick Schuster, Loyola International Law Society
Know What It Means to Be New Orleans:A Geographical, Historical, and CONTEMPORarY Exam-
ination of the Big Easy
New Orleans has been described as an unnatural metropolis. Discover the unique, suscep-tible, but un-accidental location o the city. Panelists will explore the settlement, rebuilding,and uture oot-print o one o Americas most beloved treasures. What risks does climatechange pose to New Orleans, and what decisions can be made to adapt and protect the city?
Craig E. Colten- Proessor, Louisiana State University Department o Anthropology
Oliver A. Houck Proessor o Law, ulane University Law School
Sandy Rosenthal - Founder, Levees.org (invited)
Moderator: Alexandra Giancarlo, Louisiana State University
Energy and Economics:The Intersection of Wealth, Watts, and Weather
Energy eciency and production will provide opportunities or innovative engineering dur-ing the next century. With innovation comes cost savings, the shifing value o natural re-sources, market reaction, and the chance to tap into clean, new sources o energy.
Robert B. McKinstry, Jr.- Attorney, Ballard Spahr, LLP
Mary Ellen ernes- Attorney, McAee & af
Je Williams- Director o Climate Consulting, Entergy Corporation
Moderator: Brad Driscoll, Loyola ax Law Society
Environmental Justice Plenary:No Place Like Home: Environmental Justice on the
Front Lines of Climate Change
Te IPCC reports that low-income and minority populations are the most susceptible toclimate change. Explore how reduced winter icepack threatens native Alaskan Inuit tribes,how hurricanes and sea level rise are orcing the coastal Louisiana Houma Indian tribe toconsider relocating to higher ground, and the human health impacts o heavy industry insouthern Louisiana.
Victor B. Flatt- University o North Carolina at Chapel Hill School o Law
Monique Harden- Co -Director & Attorney, Advocates or Envtl Human Rights
Brenda Dardar Robichaux- Principal Chie, United Houma Nation
Joel Waltzer - Attorney, Waltzer and Associates
Moderator: Joel Devalcourt, President, University o New Orleans Action Coalition or Racial, So-
cial, and Environmental Justice
Staying Afloat:Adapting to Climate Change oN the Gulf and
Beyond
Our eatured panel, Staying Afoat,is an opportunity to explore critical topics related toclimate change adaptation. Tis panel eatures some o the oremost thinkers o adaptation
policy and planning. Panelists will survey current ederal policy, agency rules, and providecommentary on specic public inrastructure projects.
Dr. Elizabeth English- Director, Buoyant Foundation Project and Associate Proessor
o Architecture, University o WaterlooJames E. Neumann- Principal, Industrial Economics, Incorporated
J.B. Ruhl- Proessor o Law, Florida State University College o Law
Moderator: Sarah Johnson, President, Loyola Environmental Law Societ y
Toward a Sustainable Future: Finding the Most Sus-tainable Approaches to Land Use Decision Making
Understanding the interaction between people and land is critical to implementing eec-tive environmental policy. With hal o the worlds population now living in coastal cit-ies, and more than hal o citizens o the United States living in areas protected by levees,managing natural hazards is a key component to building saer communities. With moreintense and requent storms, recurring ooding, and sea level rise, a new look must be g ivento National Flood Insurance Program and practices undertaken by the Army Corps o En-
gineers, and other land use policies.
Panels
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Ecosystem services: the unexpected lagniappe
In Louisiana, lagniappe means a little something extra. Historically, the people o Louisianahave lived o the wetlands and the valuable services they provide. Discover the immense valuethat wetlands play in storm surge reduction, aquatic industries, and the protection o valuableinrastructure.
J.B. Ruhl- Proessor o Law, Florida State University College o Law
Dr. Robert A. Tomas- Director, Loyola Center or Environmental Communication
Environmental Justice Policy
What can government agencies do to better protect environmental jusice communities? Exam-ine the role o how land-use policy disproportionately aects these communities, and the long
term consequences.
Dr. Earthea Nance- Assistant Proessor, Te University o New Orleans Department o
Planning and Urban Studies
Michael J. Walker- Senior Enorcement Counsel or Administrative Litigation,
U.S. EPA, Oce o Enorcement and Compliance AssuranceDr. Beth Willinger- Research Proessor and Executive Director Emeriti, Newcomb
Center or Research on Women, ulane University
Moderator: Anna Levin - President, Loyola Public Intrerst Law Group
Trouble the Water:How Climate Change Affects the Hydrologic Cycle
Whether by drowning or dehydration, one thing is or certain- climate change will dramatically
aect the quality, quantity, and distribution o the worlds water supply. Locally, our wetlandsand water supplies have been degraded by energy exploration and rening, cypress logging,wetlands development, and the likely prospect is that a changing climate will have even greaterimpacts. Climate change is predicted to reduce snowpack, increase ooding, intensiy drought,and shif seasonal weather patterns. Te eect o climate change on the water cycle could be themost severe and devastating consequence to people, ecosystems, crops, and communities.
Mark S. Davis - Director, Institute o Water Resources and Policy, ulane University
Randy Hill - Deputy Director, U.S. EPA, Oce o Wastewater Management
Ray Manning - President, Manning Architects
Moderator: Allison Shipp - Chair, 15th Annual Tulane Summit on Environmental Law and Pol-
icy
Regulation and Science:The Backbone of Effective Environmental Protection
We must rely on science to keep us sae. Science is translated into policy in the orm oregulation. Current climate science tells us that greenhouse emissions are creating an unsaeenvironment or us to continue the status quo. How will the Environmental ProtectionAgencys endangerment nding help mitigate greenhouse gases ? What type o policies canhelp encourage us to build saer and more resilient communities?
Sidney A. Shapiro- Associate Dean or Research and Development, Wake Forest
University School o Law
Dr. Wilma Subra- Chie Chemist, Louisiana Environmental Action Network
Michael J. Walker- Senior Enorcement Counsel or Administrative Litigation, U.S.
EPA, Oce o Enorcement and Compliance Assurance
Moderator: Samuel Steinmetz, Assistant Director, Loyola Center for Environmental Law and
Land Use
Hard Choices in Southern Louisiana:Coastal subsidence and rising ocean waters
Hurricanes Katrina and Rita turned 100 square miles o marsh into open water. Globalwarming exacerbates this trend - current projections are the loss o most o Southern Loui-siana and New Orleans. Is coastal restoration the magic bullet? Do attempts to save NewOrleans and other towns only hasten the destruction o the wetlands, while postponing theeventual deluge? Are environmentalists being blinded by social justice claims?
Dr. Ivor van Heerden-Center or the Study o Public Health Impacts o Hurricanes
Edward P. Richards- Proessor, Louisiana State University Law School
Cynthia Sarthou- Executive Director, Gul Restoration Network
Moderator: Beaux Jones, Vice Pesident Louisiana State University Evntl Law Society
Branching Out:Federalism, Constitutional Issues, and the Political
Question Doctrine
Go out on a limb and explore the lofy world o our court system and the dicult environ-mental cases it considers. From recent Supreme Court decisions- to those that can not beheard- panelists will discuss recent trends and important cases related to climate change andthe environment.
Vicki Arroyo- Executive Director, Georgetown State and Federal Climate Resource
Center, Georgetown Law
James R. May- Associate Director, Widener Environmental Law Center
Moderator: Quiniton Bell, President, American Constitution Society, Loyola College of Law
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ScheduleThursday, March 4
9:00 a.m. Registration Opens
Location: The Joseph A. Danna Student Center
Loyola University New Orleans
6363 St. Charles Avenue, New Orleans, LA 70118.
10:00 a.m. Service trip departs
Join 2010 NAELS to help restore the coast as we partner with Bayou Rebirth and the
American Bar Associations One Million Trees Project- Right Tree at the Right Place
at the Right Time.
Shuttle will depart from the horseshoe-parking circle located at the front of the main
campus of Loyola University New Orleans
6363 St. Charles Avenue, New Orleans, LA 70118
Lunch will be provided.
4:30 p.m. Service Trip Returns
7:00 p.m. Pre-Screening Wine Reception
Location: Loyola University New Orleans, College of Law, Room 405
526 Pine Street, New Orleans, LA 70118
7:30 p.m. Film Screening of Tapped
Tapped examines the role of the bottled water industry and its effects on health,
climate change, pollution and reliance on oil. The screening is jointly sponsored by
the Tulane Environmental Law Society and is free and open to the public.
Location: Loyola University New Orleans, College of Law, Room 405
526 Pine Street, New Orleans, LA 70118
Friday, March 58:00 a.m. Registration Opens
Location: Joseph A. Danna Student Center, main campus
Loyola University New Orleans
6363 St. Charles Avenue, New Orleans, LA 70118.
9:00 a.m. Opening Invocation
Father Vien Nguyen, Pastor, Mary Queen of Vietnam Catholic Church
Location: St. Charles Room, Joseph A. Danna Student Center
9:10 a.m. Breakfast Keynote: Dr. Beverly Wright , Executive Director, Deep South Center
for Environmental Justice
Introduction by Tiffany Tate- President, Loyola Black Law Student Association
Location: St. Charles Room, Joseph A. Danna Student Center
10:15 a.m. Panel
No Place Like Home: Environmental Justice on the Front Lines of Climate
Change CLE Approved
Location: Audubon Room, Joseph A. Danna Student Center
12:10 p.m. Lunch Keynote: John M. Barry, Author, Rising Tide: The Great Mississippi
Flood of 1927 and How It Changed America
Introduction by Mona Eubanks, President, Loyola Maritime Law Society
Location: St. Charles Room, Joseph A. Danna Student Center
1:15 p.m. Panels
A: Toward a Sustainable Future: Finding the Most Sustainable Approaches to
Land Use Decision Making
Location: Audubon Room, Joseph A. Danna Student Center
B: International Law: Copenhagen and BeyondCLE Approved
Location: Miller Hall, Room 114
2:30 p.m. Break
3:00 p.m. Panels
A: Know What It Means to Be New Orleans: A Geographical, Historical, and
Contemporary Examination of the Big Easy
Location: Audubon Room, Joseph A.Danna Student Center
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B: Energy and Economics: The Intersection of Wealth, Watts, and Weather -
CLE Approved
Location: St. Charles Room, Joseph A. Danna Student Center
4:30 p.m. Break
5:00 p.m. Cocktail/Jazz Reception
Location: Entertainment Patio, Joseph A. Danna Student Center
6:15 p.m. Keynote: Richard Louv - Author, Last Child in the Woods: Saving our Children
fromNature-DecitDisorder
Introduction by Whitford Remer, Chair, 2010 National Association of
Environmental Law Societies Conference
Location: Nunemaker Auditorium, 3rd Floor, Monroe Hall
7:00 p.m. Closing Remarks
Saturday, March 68:00 a.m. Registration Opens
Location: Joseph A. Danna Student Center, main campus
Loyola University New Orleans
6363 St. Charles Avenue, New Orleans, LA 70118.
8:10 a.m. Opening Invocation
Alison McCrary, Cabinet Director, Mission and Identity, Loyola College of Law
Location: St. Charles Room, Joseph A. Danna Student Center
8:15 a.m. Welcoming Remarks
James R. May, Law Student Outreach, American Bar Association, Section of
Energy Environment and Resources
Location: St. Charles Room, Joseph A. Danna Student Center
8:30 a.m. Breakfast Keynote: Michael B. Gerrard - Director, Center for Climate Change
Law, Columbia Law School - CLE Approved
Introduction by James May, Law Student Outreach, American Bar Association,
Section of Energy Environment and Resources
Location: St. Charles Room, Joseph A. Danna Student Center
9:30 a.m. Panel
Staying Aoat: Adapting to Climate Change on the Gulf and Beyond -
CLE Approved
Location: Audubon Room, Joseph A. Danna Student Center
10:45 a.m. Break
11:00 a.m. Panels
A: Ecosystem Services: The Unexpected Lagniappe
Location: Audubon Room, Joseph A. Danna Student Center
B: Environmental Justice Policy - CLE Approved
Location: St. Charles Room, Joseph A. Danna Student Center
12:30 p.m. Lunch Keynote: F. Gerald Maples - Founder, F. Gerald Maples, P.A.
Introduction by Samuel Steinmetz, Assistant Director, Loyola Center for
Environmental Law and Land Use
Location: St. Charles Room, Joseph A. Danna Student Center
1:45 p.m. Panels
A: Trouble the Water: How Climate Change Affects the Hydrologic Cycle -
CLE Approved
Location:St. Charles Room, Joseph A. Danna Student Center
B: Regulation and Science: The Backbone of Effective Environmental
Protection - CLE Approved
Location:St. Charles Room, Joseph A. Danna Student Center
3:00 p.m. Break
3:15 p.m. Panels
A: Branching Out: Federalism, Constitutional Issues, and the Political
Question Doctrine - CLE Approved
Location: Audubon Room, Joseph A. Danna Student Center
B: Man or the Environment: Hard Choices in Southern Louisiana
Location: St. Charles Room, Joseph A. Danna Student Center
5:00 p.m. Dinner Keynote: Amory B. Lovins - Cofounder, Rocky Mountain Institute
Introduction by Dan Worth, Executive Director, National Association of
Environmental Law Societies
Location: St. Charles Room, Joseph A. Danna Student Center
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Sunday, March 710:00 a.m. Field Trip
Meet at Loyola for a tour of the historic Lower 9th Ward, Make It Right, Global
Green, and Andy Street Warf.
Led by Darryl Malek-Wiley, Sierra Club Environmental Justice Organizer. Co-
sponsored by the Loyola National Lawyers Guild.
Location: Field Trip Shuttle will depart from the horseshoe-parking circle located at
the front of the main campus of Loyola University
6363 St. Charles Avenue, New Orleans, LA 70118. Lunch will be provided.
2:00 p.m. Field Trip Returns
Conference adjourned. See yall next year!
Arrow 1: Danna Student Center, Main Campus
Arrow 2: Horseshoe-Parking Circle
Arrow 3: Nunemaker Auditorium Monroe Hall
2
3
Main Campus MapLoyola University New Orleans
1
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The Environmental Law Society would like to the following forsupporting the 2010 NAELS Conference:
Dean Brian Bromberger andThe Ofce of the Dean, Loyola College of Law
With additional support from: A Friend of Loyola College of Law
M k d M i S t
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