university of maryland school of law summer-fall 2006 no

Environmental Law 1

University of Maryland School of Law Summer-Fall 2006 No. 23

Robert V. Percival, Director Environmental Law ProgramRena I. Steinzor, Director Environmental Law ClinicKerry Rodgers, Visiting Professor of LawLaura Mrozek, CoordinatorCarole Marshall, Adm. Asst.

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This newsletter is published bythe University of MarylandEnvironmental Law Program.

In this issue . . .

Environmental clinic students at the China University of Political Scienceand Law in Beijing.

Maryland’s Environmental Law Program will celebrate its 20th

anniversary in April 2007 by hosting an international conference on the work ofenvironmental law clinics throughout the world. Clinicians from virtually everycontinent will gather to discuss their work and to explore ways of improvingglobal collaboration. Among the participants will be China’s top environmentalclinicians, Wang Canfa and Xu Kedzhu, and Maria Nora Gonzalez, the directorof South America’s first environmental law clinic at the University of Chile (seep. 3 for details). The 20th Anniversary celebration also will include anenvironmental alumni reunion, a gala dinner at the National Aquarium at theInner Harbor, and the program’s signature winetasting party (see pages 2-3).

20th Anniversary Conference 1Maryland Student Wins ELI Essay Contest 4Clinic Report 5Sabotage of Superfund 7Visiting Scholar Reflects 9Center for Progressive Reform 11“Ecosystems, Infrastructure” Conference 12From Boardroom to Balkans 15Extern’s Perspective 19Summer Job Report 21Maryland General Assembly 22Alumni Update 23Concentration Certificates Awarded to Graduates 24Faculty Activities 35

Reunion, Global Clinical Conferenceto Highlight Program's

20th Anniversary Celebration

Contributors to this newsletterinclude faculty, alumni, students,and friends of the EnvironmentalLaw Program.

Environmental Law 2

Globalizing Clinical Education to Protectthe World’s Health and Environment

The Environmental Law Program PresentsThe 2007 Ward Kershaw Environmental Law Conference

April 11-13, 2007The 2007 Ward Kershaw Environmental

Law Conference will assemble environmental andpublic health clinicians and top public interest lawyersfrom around the world for a dialogue about howclinical education can be used as a tool for protectingpublic health and the environment. The conferenceseeks to address a broad array of globalenvironmental and public health issues includingurban redevelopment, sanitation, infectious disease,global air and water pollution, biodiversity, andenforcement.

The conference will open with an address byour keynote speaker, Professor Wang Canfa, China'stop public interest environmental lawyer. The firstday of the conference will feature seminars deliveredby internationally recognized experts in the fields ofenvironmental and public health law and policy.During the second and third days of the conference,panels of clinicians and public interest lawyers fromaround the world will participate in working sessionsthat will explore the various problems currentlyplaguing public health and the environment and thevarious means of combating those problems throughclinical education. The information shared will thenbe used to initiate cooperative projects among clinicsaround the world, including the creation ofenvironmental law clinics in countries that do not yethave such programs.

This conference comes at a crucial time. Theworld is experiencing unprecedented industrial andurban growth accompanied by increasing threats tothe environment and public health. Some of theimpacts of global warming already are becomingevident. In June of 2006, the National ResearchCouncil of the National Academy of Sciences issueda new report concluding that there was “sufficientevidence to say with a high level of confidence thatthe last few decades of the 20th century werewarmer than any comparable period in the last 400years.” The report also notes that there are “multiplelines of evidence . . . supporting the conclusion that

climatic warming is occurring in response to human activities. . . .” Habitat destruction across the globe continues tothreaten the world’s biodiversity. Vehicle and industrialemissions are creating severe air pollution problems in manycountries, and a lack of enforcement of existingenvironmental laws and a lack of penalties that deterviolators has lead to deteriorating environmental conditions.Throughout the world, communities are experiencing severewater shortages. Population growth has placed tremendouspressures on urban communities making it difficult for somecommunities to provide basic sanitation. This growth is alsoplacing pressures on natural resources, straining ecosystemsthat are already in peril.

Despite these challenges there is hope that progresscan be made in combating environmental and public healthproblems. Clinical legal education is growing rapidly aroundthe world, creating an important vehicle for delivering globalresponses to these global environmental and public healthproblems. International cooperation is essential to ensuringthat proposed solutions become a reality. A recent examplefrom China illustrates this point. The need for some form ofnational hazardous waste reporting and response legislationwas illustrated in late November 2005 when a chemicalfactory in Jilin, China, released massive quantities of benzeneinto the Songhua River. This spill forced Chinese authoritiesto shut off for four days public supplies of drinking water tothe downstream town of Harbin with nearly four millioninhabitants. As the spill approached Russia’s border withChina, it became a major international incident. As a resultof the spill, the Chinese government established nationalreporting requirements for chemical spills and it has pledgedto spend more than $1 billion to clean up contamination of theSonghua River and to improve the responsiveness ofgovernment agencies to environmental concerns.

This conference will provide a forum for suchinternational cooperation, with the goal of creatingpartnerships and cooperative projects among countriesthroughout the world.

Environmental Law 3

A pioneer of legal aid in China, Wang Canfa is referred to as a “folk hero” in a newAmerican television documentary, China Rises. He is a Professor of Law at the ChinaUniversity of Political Science and Law in Beijing and a founder of The Center for LegalAssistance for Victims of Pollution (CLAPV). Recently, Professor Wang was honored bythe Chinese government as one of five “Figures of Green China in 2005” in recognition of hisefforts to protect the environment. This award is the first to be given by the Chinesegovernment to environmentalists, and is supported by the United Nations EnvironmentalProgram.

Professor Wang is an expert on environmental litigation in China and has given presentations and trainings tonumerous organizations including the U.S. Congressional - Executive Committee on China. He has presided over or takenpart in the drafting and discussion of nine laws and regulations on environmental protection, including the Law on theProtection of Nature Reserves, the Law on the Prevention and Control of Water Pollution (Revised Draft), andRegulations on Public Participation in Environmental Protection. In 1998, he established the Center for Legal Assistancefor Pollution Victims in Beijing and a hotline providing free legal advice to pollution victims, a first for non-governmentaloperations in the legal field. In the past six years, the center has handled 8,490 phone calls, received 477 visitors and wonnearly 80 pollution cases. Since 2001, the center has trained 269 lawyers and 170 judges and established a nationwidenetwork of lawyers working for the protection of the environment. His work is supported by partnerships withorganizations such as the National Resources Defense Council (NRDC) and the Ford Foundation.

SPOTLIGHT ON CONFERENCE KEYNOTE SPEAKER

Professor Wang CanfaDirector of the Center for

Legal Assistance to Pollution Victims

More information will be available in the coming months. If you would like to be placed on the mailinglist for a brochure, please email Laura Mrozek at [email protected]. It will also be available on theweb at http://www.law.umaryland.edu/conferences.asp.

20th ANNIVERSARY CELEBRATION TO HAVE GLOBAL FOCUSMaryland’s Environmental Law Program was founded in spring 1987 as the result of a determined group of

students who persuaded Professor Michael Millemann (now the Jacob A. France Professor of Public Interest Law) toteach environmental law and to lobby for the creation of an environmental law clinic. A visionary and experiencedcoalition-builder, Millemann developed the idea for a multi-disciplinary environmental law program and successfullylobbied for it with university administration and the Maryland General Assembly. The law school hired ProfessorRobert Percival, who had been an attorney for the Environmental Defense Fund, to direct the program and to create anenvironmental law clinic. The clinic opened in fall 1987. Among its first cases was a successful challenge in the U.S.Court of Appeals for the D.C. Circuit to EPA’s failure to regulate hazardous waste from an aluminum smelter inAdamstown, Maryland.

During the nearly two decades since it was launched, Maryland’s Environmental Law Program has expandedits focus considerably, as reflected in the plans for its 20th anniversary celebration. On April 11-13, 2007, the programwill host a global conference focusing on the development of clinical law programs to protect the environment andpublic health around the world. It is hoped that the conference will help spur increased collaboration betweenenvironmental clinicians in the U.S. and those who are launching clinics to assist public interest movements indeveloping countries. Robert Percival, director of Maryland’s program, notes that many of the conference participantswill be professionals who are not members of existing global environmental networks. “Anything we can do to expandassistance to environmental clinics in developing countries would be a welcome addition to the great work being doneby existing global networks, such as the IUCN’s Academy of Environmental Law.”

During the 20th anniversary celebration, Maryland will welcome back many of the alumni of its environmentallaw program for a reunion that will include alumni who are working on environmental issues domestically andinternationally. (For an update on the activities of our environmental alumni see p. 23.) The reunion will include theprogram’s annual alumni/student winetasting party, now in its fifteenth year, and a gala dinner at the National Aquariumin Baltimore.

Environmental Law 4

Amy Major, a second-year student atthe University of Maryland School of Law, hasbeen named the winner of the EnvironmentalLaw Institute’s inaugural law student writingcompetition. The topic of the competition was"Endangered Environmental Laws." Amyreceived a $2000 award for her essay, whichwill be published in ELI’s flagship journal TheEnvironmental Law Reporter (ELR), the onlyattorney-edited law review coveringenvironmental and natural resource issues.

Amy’s winning entry, “Foxes Guardingthe Henhouse: How to Protect EnvironmentalStanding from a Conservative Supreme Court,”traces the evolution of environmental standing inthe Supreme Court. It proposes the use of“informational injury” to establish standing underthe Endangered Species Act in the wake ofrestrictions imposed by recent Court decisions.“Her article does a superlative job of examiningdevelopments in standing law in light of recentchanges on the Supreme Court, and in putting

forth a creative proposal for securing standing under theESA,” noted Jay Austin, Director of ELI’s EndangeredEnvironmental Laws Program.

The competition, sponsored by the EndangeredEnvironmental Laws Program, encourages law studentsto explore issues at the intersection of constitutional andenvironmental law. “Each of these papers helps advanceour understanding of the constitutional foundation ofmodern environmental law,” explained Leslie Carothers,President of the Institute. “Their authors are part of thenext generation of legal scholars and practitioners.”

Amy's award continues a tradition of outstandingresearch and writing by Maryland environmental lawstudents. In 2005, Maryland law student CandaceHoward won the national Roscoe Hogan EnvironmentalLaw Essay Contest, a contest that was won in 2004 byMaryland law student Sarah Brull. Maryland law studentNatalie Havlina was the winner of the 2005 NationalWildlife and Conservation Writing Contest sponsored bythe Southeastern Association of Fish and WildlifeAgencies (SEAFWA).

MARYLAND LAW STUDENT WINS ELI'S FIRST "ENDANGERED

ENVIRONMENTAL LAWS" WRITING COMPETITION

Jay Austin, Senior Attorney and Director of ELI's Endangered Environmental LawProgram and Leslie Carothers, ELI's President, present award to Amy Major.

Environmental Law 5 Continue on next page

In a recent report commissioned by the West/Rhode Riverkeeper, the Environmental Law Clinic foundthat changes to the Maryland Critical Area Act andimprovements in the way local governments and the Stateenforce its requirements could benefit Maryland’s shorelineenvironment. The May 2006 report, Enforcement inMaryland’s Critical Area: Perception and Practice,addressed the Act’s objectives and its implementation andenforcement, particularly in three counties: Anne Arundel,Queen Anne’s, and St. Mary’s Counties.

The Critical Area Act, a 1984 law intended topreserve the shoreline environment and protect theChesapeake Bay while accommodating growth, governsland use policies for land within 1,000 feet of tidal watersknown as the “Critical Area.” More than 50 localgovernments – including small rural towns and large urbancounties – are responsible for implementing and enforcingCritical Area Act programs consistent with statewidecriteria developed by the state Critical Area Commission.The programs are resource-intensive. Local governmentshave authority to approve development in the Critical Area,and they typically review and make decisions ondevelopment proposals such as site plans, variance andpermit applications, and subdivision plats on a case-by-casebasis. The Commission may review and comment on suchproposals, but it need not approve them.

The Clinic identified a number of aspects of theAct itself that favor development in the Critical Area.First, the Act explicitly allows for development in theCritical Area to accommodate growth, although the Actseeks to minimize the environmental impacts of such

development. In addition, the Act allows for flexibility inits implementation and enforcement. Many partiesresponsible for enforcing the Act use their discretion tointerpret it in ways that minimize restrictions on privateproperty owners, instead of imposing standards moreprotective of the environment. Moreover, the Act doesnot contain strict enforcement provisions. Critical AreaAct violations are subject to prosecution by localgovernments, and the State’s role in enforcement is largelyadvisory and discretionary. If a local government is unableto enforce the Act, it may seek assistance from theCommission or refer the matter to the State AttorneyGeneral. If a local government fails to enforce the Act,interested parties may notify the Commission, but in suchcircumstances, the Commission is only required to notifythe local government of its failure to enforce. TheCommission has no express obligation to pursue the case.If the Commission chooses to refer the case to theAttorney General, the Attorney General has discretion todecide whether to pursue it. The Act contains no citizensuit provision, and interested parties are unable to enforcethe act themselves.

Furthermore, the Critical Area Act does notrequire any analysis of the cumulative impacts associatedwith development in the Critical Area. Site plans, permits,variances, and other applications for development in theCritical Area are reviewed and approved on an individualbasis. This means that when a local government approvesa project such as an addition to a house as consistent withthe Act, no one is tracking the potential impacts of theaddition along with the impacts of similar additions downthe road and other developments along the shoreline.

The Clinic also found that local enforcement isalmost always reactive, as opposed to proactive, becausemany local governments lack sufficient resources toidentify Critical Area Act violations on their own. Forinstance, the Clinic’s research did not identify any localgovernment that owns a boat to use in viewing potentialviolations at the water’s edge. The Critical AreaCommission indicated that many large local jurisdictions donot have enough inspectors to identify and addressviolations of the Act. As a result, many violations arenever even noticed. The cost of litigation associated withissuing fines for violations of the Act also influences localgovernments’ approaches to enforcement. Except inAnne Arundel County, few fines are issued, and most localgovernments cannot manage the costs of defending theirdecisions to issue fines in court. Many local governments

Environmental Law Clinic Report FindsChallenges in Protecting Maryland’s “Critical Area”

by Kerry Rodgers*

Professor Rodgers takes environmental clinic studentson tour of the National Wildlife Visitor Center at thePatuxent Research Refuge in Laurel, Maryland.

Environmental Law 6

also find that requiring violators to mitigate the impacts ofdevelopment is more productive than issuing fines. Finally,education and public participation are important to effectiveenforcement of the Critical Area Act, and promoting a betterunderstanding of the relationship between privatedevelopment and adverse impacts on the Chesapeake Baycould help to prevent violations. Routine, small-scaleviolations as well as less frequent, large-scale violationsthreaten the Bay.

The Clinic’s report was commissioned by the West/Rhode Riverkeeper, Bob Gallagher, on behalf of a group ofMaryland Waterkeepers. In their patrols of area waters toidentify illegal sources of pollution, the Waterkeepers hadobserved possible violations of the Act such as the clearing oftrees along the shoreline and residential construction withoutappropriate permits. The Waterkeepers also were concernedthat some counties did not follow up on possible violations,and they asked the Clinic to investigate whether violations ofthe Act occur due to weaknesses in its text or because theAct is not enforced as it is written. The West/RhodeRiverkeeper chose the focus counties because each hasdiverse characteristics and faces different Critical Area Actproblems, and each has a Riverkeeper.

After reviewing the Act and the Commission’sregulations, the Clinic used data surveys to gather informationfrom local governments with Critical Area Act programs.The Clinic used opinion surveys to seek the views of publicinterest advocates, government officials developers,landowners, and others who work with the Act. For the threefocus counties, the Clinic reviewed the Commission’s 2005files on site plans, variances, and permits to determine whattypes of development are occurring, the sections of theCritical Area in which developments are proposed, and theCommission’s response to particular proposals. The Clinicalso reviewed data from the Commission for all Critical AreaAct programs and conducted interviews with focus countyofficials and other stakeholders.

Given the diversity of local Critical Area Actprograms, the Clinic’s findings may not apply to everyjurisdiction in the Critical Area. Nonetheless, the findingsillustrate several challenges in protecting the shoreline in theface of development. Hopefully, the report will educateMarylanders who work with the Act and care about theCritical Area and will inform any discussions of possiblelegislative or other reforms in the months ahead.

Student attorneys Megan Moeller, J. SamuelHawkins, Anne Merwin, and Sriram Gopal conducted thestudy and wrote the report under the direction of ProfessorKerry Rodgers. The report is available at: http://www.law.umaryland.edu/environment/clinic.asp

*Professor Kerry Rodgers teaches the EnvironmentalLaw Clinic.

Environmental Clinic (continued)

In August 2006 Aspen Publishers released thefifth edition of Professor Percival’s highly influentialenvironmental law casebook EnvironmentalRegulation: Law, Science & Policy. Released initiallyin 1992, the casebook has been widely adopted in lawschools throughout the United States and now isincreasingly encountered outside the country.Percival’s co-authors include Professor ChrisSchroeder of Duke, Alan Miller of the InternationalFinance Corporation who teaches a green energyseminar at Maryland, and James P. Leape, DirectorGeneral of WWF. The authors are particularly pleasedthat they were able to include the U.S. SupremeCourt’s important June 2006 Clean Water Act decision(Rapanos v. United States) in the new edition of thecasebook, even though the case was not decided untiljust weeks before the book’s final publication. Aspenalso has released the 2006-2007 edition of ProfessorPercival and Schroeder’s Environmental Law:Statutory and Case Supplement with Internet Guide,which has become an essential companion to thecasebook.

Fifth Edition ofEnvironmental Regulation

Casebook Published

Professor Percival presents one of the first copies ofthe new 5th edition of his Environmental Regulationcasebook to Professor Xu Kezhu of the China Univer-sity of Political Science and Law in Beijing duringher recent visit to Washington. Professor Xu is thedeputy director of the Center for Legal Assistance toPollution Victims (CLAPV), China’s top publicinterest environmental law organization.

Environmental Law 7

The Sabotage of Superfund: Tax Breaks,Compassion Fatigue, and Your Not-So-Friendly Local Dump

by Rena Steinzor*

Once upon a time, not so very long ago, Congressauthorized a multi-billion dollar cleanup of the thousands ofabandoned toxic waste sites that mar the nation’slandscape. Despite high hopes and soaring expectations,Superfund had a difficult birth and a fretful childhood. Itsdual tracks – industry taxes to raise seed money forcleanup and stringent liability for site owners, operators,transporters, and generators – produced at least threewaves of litigation, frustrating everyone but the lawyersand engineers who did this work.

Today, the program, barely out of its teens, is onfull-fledged life support. The Superfund National PrioritiesList (NPL) includes 1,244 sites awaiting cleanup. Manyhave languished on the List for well over a decade andsome have been on the list for almost a quarter century.Although it is fashionable for Washington insiders to rolltheir eyes at the very mention of the program, theuncomfortable fact remains that one in four Americans livewithin three miles of a Superfund site, includingapproximately three to four million children who live withinone mile and are at greater risk from the developmentaleffects of exposure to the neurotoxins common at suchfacilities. Nevertheless, construction completions underthe Bush Administration have slowed to half of what theywere under the previous Administration, in part becauseenforcement is a low priority and in part because the taxesthat support the program ran out in 1995 and have neverbeen extended.

In a short life filled with irony, the most stunningparadox is that Superfund faces this stark future notbecause it finally succumbed to the very noisy, very public

Yet, while the statute is intact, the Superfund programis succumbing to a wasting illness, a victim of compassionfatigue and political doublespeak. Government and industryhave dragged their feet on cleanup for so long that it has beenimpossible for the public at large to maintain the level ofconcern that propelled the birth of the program in 1980 andCongress’ decision to increase it six-fold in 1986. Aseveryone’s attention shifted to other problems, the fund slowlyran down, leaving very little money for either lawsuits orcleanup. Adding insult to injury, the 1995 expiration of thetaxes that supported the program granted a handy tax breakto the two American industries that are least deserving of thiswindfall: oil refiners and petrochemical manufacturers.Superfund taxes generated $1.5 billion/year – or $4 million/day. These amounts represent two percent of the 2005profits earned by just six of the nation’s top petroleum andpetrochemical producing companies, and the compensationpaid to the six companies’ Chief Executive Officers wouldcover over a month’s worth of lost tax revenue.

Construction Completions by Fiscal Year, 1992-2005

88

68

61

6864

88 87 85 87

4742 40 40 40

0

10

20

30

40

50

60

70

80

90

100

1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005

Fiscal Year

Nu

mb

er o

f S

ites

Rate of Cleanup 1992-2005

campaign by its opponents to repeal its joint and severalliability scheme. Nor did opponents manage to gut itscleanup standards. Liability and relatively rigorousstandards remain on the book, in theory requiringresponsible parties not only to implement cleanups but todo much more than build a chain link fence around thedumps. (A recent example of what gutting standards canachieve is the revelation that a day care center in NewJersey, called “Kiddie Kollege,” was built on top of soillaced with mercury because the site, a formerthermometer factory, was removed from the state’s listof brownfield sites without ever being remediated.)

Continue on next page

Environmental Law 8

If the past is any prologue for the future, out ofmind does not mean buried forever. Sooner or later, a crisisat one of the sites moldering on the list will bring theproblem back to center stage. In a recent study of the fiveworst sites in the ten most populous states (California,Texas, New York, Florida, Illinois, Pennsylvania, Ohio,Michigan, New Jersey and Georgia), the Center forProgressive Reform found that:

• Large numbers of people, including childrenand the elderly, live near these sites. Most ofthe 50 profiled sites are located in heavily populatedurban or suburban neighborhoods. According toEPA, between 205,349 and 803,100 people livewithin one mile of these sites. As of 2000, some235,000 people lived in the census tracts wherethey are located, including 34,127 children aged nineand younger and 14,068 persons aged 75 and older.

• Lower-income Americans disproportionatelyreside around these sites. In stark contrast tothe wealthy corporate beneficiaries of theSuperfund tax windfall detailed in this report,residents of 30 of the 50 census tracts reported amedian household income for 1999 (the most recenttabulation of data available at the tract level, forCensus 2000) below that of the nation as a whole,that is, below $41,994.

• People of color were disproportionatelyrepresented around a significant number ofsites. Thirteen of the profiled sites are located incensus tracts where the population is at least 40percent racial or ethnic minority, including four siteswhere the percentage is greater than 70. Thesefindings are not the product of a statistically validexamination of Superfund sites on the whole, and

The Oil and Chemical Industries' Ability to Pay

Fortune 500 Company Name 2005 Profits CEO CEO Compensation Rank (as in millions)

1 Exxon Mobil $36,130 Lee Raymond $22,773,0004 Chevron $14,099 David O'Reilly $8,170,0006 ConocoPhillips $13,529 James Mulva $16,789,00015 Valero Energy $3,590 William Greehey $44,875,00023 Marathon Oil $3,032 Clarence Cazalot $4,839,00066 Sunoco $974 John Drosdick $33,436,000

Total: $71,354 billion Total: $133,882,000 billion

*Maryland graduate Margaret Clune (class of 2002) did the bulk of the work on which this article is based,in her capacity as policy analyst for the Center for Progressive Reform, which Professor Steinzor and othercolleagues founded in 2001. A story about the group appears at page 13 of this issue. The full text of thereport, The Toll of Superfund Neglect, appears at http://www.progressiveregulation.org/articles/Superfund_061506.pdf.

the 50 sites profiled in this report make clearthat Superfund sites endanger communities of alltypes. However, on a site-specific basis, thesefindings echo concerns long expressed byscholars and other commentators that hazardouswaste sites disproportionately affect minorityand low-income populations.

• Some of the sites that have waited longestfor cleanup are owned by viable, profitablecompanies. Sites sometimes lack a“responsible party”; for example, the companyresponsible for contamination may be out ofbusiness. These sites are to be cleaned up usingSuperfund dollars. Where there is a responsibleparty, the company is supposed to pay forcleanup. Yet in a number of cases, sites havelanguished on the NPL even though aresponsible party has been identified. Thisincludes, for example, a New Jersey site ownedby Honeywell, which in 2005 ranked number 75on the Fortune 500, with profits topping $1.2billion. This site was among the first Superfundsites listed in 1983.

In the existing, polarized political climate, it ishard to imagine that Superfund will be rescued any timesoon. If and when Congress chooses – or is compelled– to cope with the issue, though, the good news is thatthe initial fix is incredibly simple. Reinstating Superfundtaxes would take perhaps three or four lines oflegislation, throwing the existing statutory provision backinto an “on” position. Finding the political will toimplement the program aggressively and wisely is amore complicated matter, but giving it the resources toget started again would be quite a good start.

Environmental Law 9

During the 2005-2006 academic year I had thehonor of serving as a visiting scholar in the EnvironmentalLaw Program of the University of Maryland School ofLaw. While I learned much about environmental law duringmy year at Maryland, as I prepare to return to China, Iwould like to reflect instead on the question most asked ofme during my year here: “What do you think of America?”

First, I was very impressed with how hospitable andkind everyone was to me. Soon after I arrived in Baltimore,Prof. Robert Percival invited me to attend a baseball gamein Washington, D.C. He seems obsessed with baseball. Heexplained to me that “baseball provides a unique window onAmerican culture." Although Chinese are very hospitableto our visitors, we nearly always invite foreign friends to aChinese restaurant. Maybe we are proud of our deliciousfood. On the other hand, to some extent it may reflect thefact that Chinese seem reluctant to show our life. We aremore introverted. Americans, by contrast, are very open.They are pleased to let visitors see exactly how they live.Maybe they are proud of their life styles.

I also noticed that strangers react differently inAmerica. When I walk on the streets, some strangers smileand greet me with “good morning” or “have a good day." Ifeel very good about this and it puts me in a good mood allday. This rarely happens in China. However, it does notmean that Chinese are not friendly. The population of Chinais so large, the competition for work is so intense, and the

My Impressions of the United States

pressure of life is so great in China that eachperson has to work hard and has no strengthto smile to a stranger.

I will never forget the first time Itook public transportation in America. InSeptember, 2005, I planned to go toLutherville by public transportation in orderto shop. When I was at the university centerlight rail station wondering how to reachLutherville, a gentleman, who seemed to bea blue collar worker, walked toward me toask me whether I needed his help. He gaveme instructions and led me to take the lightrail to the culture center with him, and thento a bus stop where he asked the driver ofthe bus to take me to the right destination.These average American strangers mademe feel their hospitability and kindness.

Education in the United States is different fromChinese education. Chinese complain about our strictexamination system and great study pressure, and weoften are jealous of American students for feeling lesspressure than Chinese students. But now I think this isprobably not true, at least for university students. Afterattending most all of the courses of the environmentallaw program, I understand that J.D. students have tofinish a large amount of reading each day. They oftengo to bed after midnight and the only thing they wantto do during the weekend is to sleep.

Teaching methods in the seminars and in theenvironmental clinic are especially interesting. In theseminars, students make presentations, express theiropinions, and discuss any related topic. At times itseems as though the professors’ favorite comment totheir students is “good point.” I once told Prof. KerryRodgers, director of the Environmental Law Clinic,that “your teaching method seems like you are trainingeach student to be a congressman.” Only recently inChina have seminars become a more popular teachingmethod, especially in postgraduate education.However, our students feel a little nervous. I believethat in the near future Chinese students will enjoy theseminar method as they become more accustomed toit.

I also noticed that the atmosphere in theclassroom is more relaxed in America. In America,students can bring food and drink into the classroom,

by Professor Hu Jing*


Visiting Scholar Hu Jing stands with Professor Percivalon his last day before leaving to return to China.

Environmental Law 10

though alcohol is forbidden. On special occasionsprofessors bring food into the classroom to share withstudents. At least until now, I have never had the courageto take food into my classrooms in China to share with mystudents. It would be considered highly unusual.

I heard a story comparing Chinese education andAmerican education. Twenty years ago, Chineseeducation officials investigated American courses, andthey observed the more relaxed atmosphere in Americancourses. In the mean time, American education officialsinvestigated Chinese courses and found that each studentstiffly sat, with their hands behind their backs, listeningseriously to the teachers. Both parties predicted thatChinese education would pass American education intwenty years. But, both parties are wrong. Americaneducation is number one in the world.

Chinese education recently has been learning a lotfrom America. I think the more relaxed atmosphere inAmerican classrooms helps to promote free exchange ofideas. Maybe that is why American students seem to befull of creativity while Chinese students seem to be full ofknowledge. Many children from poor families do not haveequal access to education in America, but the U.S.educational system should ensure that America maintainsits strong position in the future. I believe thatimprovements in Chinese education will help strengthenChina as well.

America is the only superpower in the internationalcommunity. Why has the U.S become such a strongcountry within 230 years of its birth even though Chinahas a much longer history? This is the question my sonasks me. I think the answer lies in the openness of theAmerican political system and the importance of the ruleof law. Even a “C” student can become president inAmerica and people are free to criticize their government.Many politicians already are launching their campaigns forthe White House even though the election is not until2008. So long as America maintains an open politicalsystem where even an ordinary person can becomepresident, she will never be in danger due to its openpolitical systems and strong rule of law. However, I stillhope the next American president is a “green” presidentwho will protect the environment. After I return to China,I will tell my son, “The strength of America is the productof its rule of law, this is my answer. My son, I hope youhave a chance to study in America in the future. Whenyou return, please tell me your answer.”

My experience at Maryland has left me with so verymany thoughts on America that I cannot begin to exhaust

them in this limited space. However, I am certain that Iwill benefit greatly from the experience in America in mywork in China and during all the rest of my life.

My time in America has passed so fast. Today, Imiss my family, colleagues, students, and Chinese hot pot.When I return, I will miss Bob, Laura, Kerry, Lewis,Hideo, ordinary American people, corned beefsandwiches, and hearing constantly about President Bush.

On August 29, environmental law professorLi Yanfang, an environmental law professor, arrivedfrom Renmin University School of Law. ProfessorLi is an expert on environmental impact assessmentand she has written a book on public participation inChina's environmental impact assessment process.

Professor Li Yanfang

*Hu Jing is a professor at China University of Lawand Politics in Beijing. Professor Hu is one of theleaders of the Center for Legal Assistance to PollutionVictims (CLAPV), the top public interest environmen-tal law organization in China.

VISITING CHINESE SCHOLAR

ARRIVES IN MARYLAND


Just recently my son celebrated his seventhbirthday. In telling him stories about when he was ababy, I naturally told him about my time in law schoolbecause I was pregnant with him in my third year. Ichose to earn my juris doctor from the University ofMaryland’s School of Law because of its outstandingEnvironmental Law Program. It was during my thirdyear that I participated in the Environmental LawClinic — a year that I have found to be the mostmemorable; memorable because I was not onlylearning environmental law, but actually practicing it in“the real world.” Like most of my fellow eveningstudents, “working in the real world” was not just aconcept that one speculated about, but an enterprise inwhich we had already undertaken. While a few wereseeking a career change, many of us sought toenhance and build upon the careers we had alreadystarted. With Maryland’s exceptional eveningprogram, I was able to continue working and pay myway through school.

Today, I have the unique opportunity tocombine my law degree with the governmentadministration career I had prior to law school. I’mdoing this in the non-profit field with an innovativeorganization called the Center for Progressive Reform(CPR). CPR is a network of approximately 44academics across the nation; many are lawprofessors, often with particular expertise in theenvironment, health or safety; others are professors ofeconomics, philosophy or political science. We workto advance progressive ideals and values in criticalpolicy debates about public health, safety and theenvironment. Though much of CPR’s work focuseson regulatory and enforcement issues, we alsoaddress corporate accountability and access to thecourts.

CPR, like many other non-profits, succeedsthrough its members, who are not paid for their work,but donate their considerable time and expertise.CPR was founded in 2002 at the behest ofprogressive advocacy groups, including EnvironmentalDefense (ED) the National Resources DefenseCouncil (NRDC), OMB Watch, Public Citizen, andindustrial labor unions, to address the urgency andimportance of countering the highly active efforts ofconservative think tanks to cripple government

programs. With the commitment of its founders – ProfessorThomas McGarity (University of Texas), Professor RenaSteinzor (University of Maryland), and Professor SidneyShapiro (Wake Forest University) – CPR has grown into aorganization in which its member scholars regularly testifybefore Congress, file comments with agencies, present staffbriefings on Capitol Hill, and participate in policy forumssponsored by groups such as the American Bar Associationand the Center for American Progress. CPR also providesinformation on-the-record and as background for nationalreporters who cover policy issues, and is quoted in suchnationally prominent newspapers and magazines as TheAmerican Prospect, Baltimore Sun, the Boston Globe,Business Week, Dallas Morning News, the Denver Post,Greenwire, Inside EPA, National Journal, New York Times,Wall Street Journal, Washington Post, and WashingtonMonthly.

As the Executive Director, I rely on my legal trainingas well as my skills and experience from my years ofgovernment service. I am a person who works best withseveral things on my plate and a constant supply of new anddifferent challenges. Running a small nonprofit provides mewith such an environment. And, under CPR’s mission, myplate can include everything from contemplating stateenforcement of the Clean Air Act to organizing a briefing forcongressional staffers on the regulatory role of science – all inone day! My position affords me the opportunity to expand myknowledge with the extraordinary advantage of learning fromsome of the best in their field. Additionally, I have the pleasureof working with a small staff of excellent attorneys — two,Margaret Clune and Matthew Shudtz, are University ofMaryland School of Law alumni — who support CPR in itswork.

We are proud of our work and the success we havehad in moving academic literature to the policy arena. CPRdoes this through studies, reports, articles, and other analysesfor public release, as well as comments on regulatoryproposals, and congressional testimony and briefings. In therecent months, CPR jointly issued the report, The Toll ofSuperfund Neglect, with the Center for American Progress,examining the impact of Congress’s Super-de-funding, focusingin on five of the worst sites in the nation’s ten most populousstates. In the corporate accountability arena, CPR issued the

by Jennifer Marshall*

Continue on page 14

WORKING AT THECENTER FOR PROGRESSIVE REFORM


Former Secretary of the Interior Bruce Babbittpresents opening keynote address.

On June 9, 2006, the University of MarylandSchool of Law hosted the American Bar Association’s34th National Spring Conference on the Environment,entitled “Ecosystems, Infrastructure and theEnvironment: Reconciling Law, Policy and Nature.” Theconference attracted environmental professionals, policy-makers, and business leaders from all over the country toexamine the growing concern in the wake of hurricaneKatrina over our nation’s enormous infrastructure needsas a context for the discussion of a new generation ofenvironmental law that can address both ecological andinfrastructural demands.

The conference opened with a brief introductionby Kinnan Golemon of Brown McCarroll, LLP, and aword of greeting from Professor Robert V. Percival.David R. Hodas, Professor of Law at WidenerUniversity School of Law, introduced the KeynoteSpeaker, Former Secretary of the Interior, BruceBabbitt.

Bruce Babbitt began his keynote address with adiscussion of the Louisiana Delta as an example of howAmerican infrastructure projects often ignore therealities and constraints of the ecosystems in which theyare built. He emphasized that the rebuilding process inthe wake of hurricanes Katrina and Rita requires areassessment of prior policies against the backdrop ofscientific realities; namely, rising sea levels and morerealistic land-loss projections. The thrust of Babbitt’sargument highlighted the roles of Congress and the ArmyCorps of Engineers in the rebuilding process, andsuggested that citizens demand up-to-date maps toaccomplish more realistic and comprehensive land useplanning in all infrastructure projects.

Following Secretary Babbitt’s remarks, the firstpanel discussion commenced, focusing on the 2005hurricane season. Cynthia Drew, Associate Professor ofLaw at the University of Miami School of Law, began thediscussion by reiterating the need for a realistic,comprehensive rebuilding map, and highlighting the politicalproblems underlying the failures of the agencies implicatedin the Katrina disaster. After emphasizing the need forstronger political leadership in dealing with infrastructuresand natural disasters, Ms. Drew concluded with a visualpresentation of the events leading up to the flooding ofNew Orleans during and after Hurricane Katrina.

Next, Monique Edwards, Executive Counsel to theSecretary at the Louisiana Department of NaturalResources, gave the Louisiana perspective on the Katrinadisaster. Ms. Edwards opened her talk with a briefdiscussion of the importance of Louisiana to the economyof the rest of the country; both as a top refiner of oil andgas, and as a major hub for transporting goods down theMississippi River. Ms. Edwards discussed the challengesof rebuilding Louisiana, both in terms of ecologicallandscapes, and human infrastructure. She emphasized theneed to move past parochialism and establish a moreregional plan for rebuilding and restoring the area.

The panel concluded with a discussion of someimportant considerations to move forward with restorationin the Louisiana Delta by Leslie Carothers, President of theEnvironmental Law Institute. Ms. Carothers outlined someof the mistakes of the past, and the impact of thosemistakes on ecosystems and the human population. Similarto the speakers before her, Ms. Carothers emphasized aneed to rebuild on a more sustainable basis by working withthe realities of the area’s natural systems. She closed herremarks with a call to lawyers, policy makers, and thoseprivate sectors which affect the area to participate in thecreation of a coherent plan with realistic goals and riskmanagement.

The second panel moved away from focusing onthe hurricanes of 2005, and dealt more particularly with theenergy infrastructure. Susan F. Tierney, ManagingPrincipal at Analysis Group in Boston, MA, opened thediscussion with a presentation on electric and gasinfrastructures. Ms. Tierney, a member of the NationalCommission on Energy Policy, articulated what theCommission considers to be the two core energy

by Lauren Charney and Amalia Fenton*


SCHOOL HOSTS CONFERENCE ON "ECOSYSTEMS,INFRASTRUCTURE & THE ENVIRONMENT"

Environmental Law 13Continue on next page

challenges today: economic dependence on oil, and afailure to address global warming. She discussed theimplications of growing demand for electricity and gas inAmerica, and concluded with suggestions of some bestpractices in siting energy facilities, echoing the previouspanel’s call for a comprehensive plan for nationwideinfrastructure solutions.

Next, Lawrence Kumins, Energy Economist atthe Congressional Research Service in the U.S.Congress, gave an economists’ perspective on theenergy infrastructure, dealing mainly with refinery policyissues. He gave a brief outline of historic refiningcapacity and U.S. demand, and the outlook for thefuture, emphasizing the need for new domestic capacityin order to avoid further reliance on offshore fuel supply.He noted the significant percentage of refineries on theGulf Coast, and the vulnerability of those refineries. Mr.Kumins concluded by discussing the legislative reactionto the capacity shortage; focusing on agencycoordination to expedite permitting of new refineries.

Robert Slaughter, President of NationalPetrochemical and Refiners Association, ended thediscussion with the industry’s perspective on the energyinfrastructure. Mr. Slaughter focused on the negativepublic perception of the oil and gas industries, and howthose perceptions influence policymaking. Outliningsome of the barriers to expansion of existing capacity(complex permitting requirements, limited crude supply,and compliance costs), he concluded with an energyoutlook; suggesting that continuing U.S. reliance onpetroleum products will require policy makers to resolvethe challenges of complying with environmentalrequirements while at the same time allowing theindustry to meet the increased demand for its products.

The afternoon session began with a keynoteaddress by Claudia McMurray, Assistant Secretary ofState, Bureau of Oceans and InternationalEnvironmental and Scientific Affairs. SecretaryMcMurray highlighted the Bush Administration’sachievements in environmental protection, emphasizingthe role the United States played during the Monterreyand Johannesburg Summits of 2002. She also discussedthe U.S. government’s commitment to suchconservation programs as the Congo Basin ForestPartnership and the Liberia Forest Initiative.

The conference’s third panel was entitled,“Ecosystems, Infrastructure, and Risk,” and wasmoderated by Robert L. Brubaker of Porter Wright

Morris & Arthur LLP. The panel began with a presentationby David Conrad, a senior water resources policy specialistat the National Wildlife Federation. Dr. Conrad’spresentation focused on the state of the National FloodInsurance Program (NFIP). He noted that the NFIP is “inits most serious crisis in history,” as the program faces ahuge debt and is under-funded. Although the NFIP wasoriginally established under the premise that state and localgovernments would steer future developments away fromflood plains, this never actually occurred. He called for areassessment of the NFIP policies and implementation.

Following Dr. Conrad, Nicholas Targ, from theEPA’s Office of Environmental Justice, provided anenvironmental justice perspective on identifyingenvironmental and infrastructure risks. He spoke about theEPA’s efforts to help vulnerable communities prevent andrecover from environmental contamination and naturaldisasters.

Peter Steenland, of Sidley Austin Brown & Wood,LLP, was the third panel’s final speaker. After telling anamusing story involving a gorilla costume, his presentationcentered upon the idea that, “historically, legally, andpolitically our nation has always ignored risk in favor ofgrowth.” He remarked that growth and development are inour “national genes” and called for more transparent and up-to-date environmental policies.

The fourth and final panel of the day, “ThinkingOutside the Box: Strengthening our Infrastructure byEnhancing and Using Ecosystem Services,” began with apresentation by Motoko Aizawa, a corporate policy advisorand program manager from the International FinanceCorporation’s (IFC) Environment and Social Development

Assistant Secretary of State Claudia McMurray isgreeted by Professor David Hodas.


second piece in its “Truth about Torts” series, Truth& Torts: Lawyers, Guns, Money, examiningindustry’s efforts to escape liability through federallegislation that gives it blanket immunity bypreempting state common law protections. CPR isalso proud to announce the release of its bookpublished by Cambridge Press, Rescuing Sciencefrom Politics, which compiles essays from severalscholars detailing how regulatory science is undersiege.

Additionally, CPR is bringing its work directlyto our communities. Near the one-year anniversaryof Hurricane Katrina and as a follow-up to CPR’sSeptember 2005 report, An Unnatural Disaster: TheAftermath of Hurricane Katrina, CPR is co-hostinga conference with Loyola University College of Law,to examine the progress made on protecting andrebuilding New Orleans. In September, CPR willrelease its report on the effects of the Houstonpetrochemical complex on air quality at a communitybriefing in East Houston.

To see more of CPR’s work, please visit ourWeb site at www.progressivereform.org. A usefulreference source on our site is our organization’sPerspectives series, a Web-based collection of 29monographs by CPR scholars on timely and importantregulatory debates. Each Perspective provides athumbnail sketch of the competing arguments on asubstantive or procedural principle for developingappropriate health, safety and environmental policies,and each closes with a statement of CPR’s proposedapproach to the issue. Also at our Web Site, you maysign up to receive CPR’s Quarterly News and otherpublications.

CPR has accomplished much since its startand continues to make gains concerning public health,safety and environmental protections. I feel veryfortunate to have a position that I both enjoy andbelieve to be improving and safeguarding our world.My son asked me why I didn’t work in a courthouseanymore (as I did when I clerked). I answered himby explaining that being a lawyer allows you to domany different things and fortunately for me, I foundjust the right fit.

*Jennifer Marshall is the Executive Director ofthe Center for Progressive Reform.

Department. Ms. Aizawa outlined the IFC’s procedure forconsidering environmental and social costs when evaluatingthe creditworthiness of potential borrowers.

Robert Costanza, director of the Gund Institute ofEcological Economics at the University of Vermont, followedMs. Aizawa and argued that, when considering economicgoals, society should promote sustainable human well-being,not just the consumption of goods and services. Dr. Costanzacalled for an internalization of the value of the loss ofecosystem services and the implementation of an alternativeindex, such as the Index of Sustainable Economic Welfare, tomeasure economic growth.

The final speaker of the conference was Dan Farber,professor and director of the Environmental Law Program atthe University of California, Berkeley, Boalt Hall School ofLaw. Professor Farber’s presentation highlighted theinadequacies and limitations of the Army Corps of Engineers.He called for interagency cooperation to promote changes tothe Corps’ organization, budget, and reward structure.

After the final panel concluded, Oliver Houck,professor of law at Tulane University, was presented with the2006 ABA Award for Distinguished Achievement inEnvironmental Law and Policy. Professor Houck spokebriefly about the devastation wrought by Hurricane Katrina inNew Orleans. His eloquent remarks served as a reminder tothe conference participants of the need for sustainableinfrastructure development and of the real world impact thatenvironmental policies have on our communities.

*Lauren Charney and Amalia Fenton are second yearlaw students and research assistants for ProfessorPercival.

CPR continued from page 11ABA Conference continued

Panelist Monique Edwards,with the Louisiana Depart-ment of Natural Resources, speaks with JenniferMarshall, with the Center for Progressive Reform.


A little over a year ago, I made some drasticchanges in my life and career. I moved to the other side ofthe world to begin a new adventure as a Peace CorpsVolunteer (PCV) in Macedonia. So how did I end up in theBalkans? It’s not as crazy as you might think.

I had actually been thinking about the Peace Corpsfor years. I had thought about doing it in between collegeand law school but was concerned I might not be qualifiedat that point in my life and might be tempted from returningto law school. So I trudged off to law school right aftercollege, figuring I would get my degrees out of the way firstand then revisit the idea. With law school though, suddenlyit seemed like my life was taking off in one direction and Iwas running to keep up. I summered with what was thenPiper & Marbury, a regional corporate law firm. I hadnever even thought about corporate environmental law in abig law firm, and was looking at the summer as anopportunity to prove once and for all that it really was notwhat I wanted. Instead though, I fell in love with the workand the people and realized the lawyers there could be thebest mentors I would ever have. So instead of turningdown their offer of a permanent position, I accepted itwithout reservation. And over the next five years, Iworked side by side with some amazing lawyers, learningthe craft and working on interesting and challenging issuesin environmental law. During that time, the regional lawfirm grew to become DLA Piper Rudnick Gray Cary, oneof the largest and most respected in the world. Withouteven really trying, I had a career most lawyers would killfor.

FROM THE BOARDROOM TO THE BALKANS

But after five years, I suddenly looked aroundand realized I had to make some tough decisions aboutmy life. I was extremely happy at my law firm. Ienjoyed the work immensely, loved the people I workedwith, and had great relationships with my clients.Professionally, everything seemed to be clicking alongseamlessly, right on schedule. Another couple of yearsI’d make partner probably and then my career would beset. But the more I thought about the partnership track,the more I wondered if I was personally ready to takethat step. At the back of my head, I kept having thatnagging feeling about the things I might have to give upif I kept going on the track I was on. And foremostamong them was the Peace Corps and the opportunityto live abroad. Sure I could think about pushing it offuntil after retirement. But deep down, I really didn’twant to. And I kept thinking that waiting might make itmore difficult personally – if in a few more years Imight find myself married, with kids and a dog and amortgage payment. Although I knew it was a risk towalk away from my career – albeit temporarily – I wasmore worried about the regrets I would have if I did nottake the chance and soon. And so I filed the applicationfor Peace Corps, attended the interviews and filed themedical reports required ad nauseaum. The wholeprocess took months and months – but at the end of it Iwas offered the opportunity to be a communitydevelopment volunteer in Macedonia. And I jumped atthe offer.

When I finally started telling people I wasleaving for Peace Corps, I think it’s fair to say mostpeople were stunned (although ironically one of myclients guessed that I was joining Peace Corps when Icalled to tell him I was moving overseas!). Reactionswere either full support and “I’ve always wanted to joinPeace Corps” – or the rare statements with barelyconcealed negativism of “Why would you want to go dosomething like that?” There was never a lukewarmreaction. So many people said to me, “But you’reputting your life on hold for two years!” I don’t seePeace Corps as putting my life on hold. This willprobably be the most exciting two years of my life – sohow could it be putting anything “on hold?” But on thewhole, most of the people I knew and loved weresupportive and understood me well enough to know Iwasn’t doing this lightly – even if they did not entirelyunderstand why I was so driven to join the PeaceCorps.

Melissa (center) with other Peace Corp Volunteers(PCV) and members of her practicum organization atthe swearing in of new PCVs last December.


by Melissa A. Hearne*


After I quit my job, the practical difficulties ofmoving abroad hit: selling most of my furniture andpersonal belongings, moving the rest into storage, sellingmy car, having a sibling take my cat, and then moving backinto the folks’ place for the month before I movedoverseas. And having to say my goodbyes to family andfriends, which proved the most difficult. It was at this point,I’m not proud to admit, that I may have gone a little crazy.I started waking up in the middle of the night and packingand repacking at 4 in the morning the two bags I wasallowed to take for two years of service. I weighed andreweighed my bags to make sure they fit the airlinerequirements. I didn’t get a good night’s sleep for aboutthree weeks leading up to my departure as I obsessed overwhat I could bring and what it would be like to be awayfrom friends and family for two years! I couldn’t eat,couldn’t sleep and took on the strange look of a frighteneddeer caught in a spotlight.

But the funny thing was – when I went toWashington to meet the 30 other volunteers that wereheading over to Macedonia with me, we had all been goingthrough the same thing. It felt good to know I wasn’t theonly freak who had been fielding the questions about why Iwanted to go and worrying over what to pack. After twodays in Washington, we then boarded our flight to thecapital city of Skopje and then onto the town where ourfirst week of training was to be.

The first three months of our training were spentwith host families in communities around the main hub ofVeles, an industrial town in the center of Macedonia. Agroup of 6 volunteers were in my training group to learnAlbanian and Macedonian, as opposed to just Macedonian,so we went to live in an ethnically Albanian village justwest of Veles called Buzalkovo. Buzalkovo is a fairlyconservative and traditional village – and for that reasoncannot be considered indicative of Macedonia as a whole.

So this, like all of this article, can only be considered asnapshot of my personal experiences here. Because mostAlbanians in Macedonia are Muslim and single men arenot permitted to live in the families in villages wherepeople practice traditional norms, there were four singlewomen and one married couple in our group. I lived witha wonderful family that consisted of a married coupleabout five years older than myself and their two sons:Bujar who is 14 and goes to a boarding school in thecapital of Skopje and Sadam who is 11 and attends schoolin the village. Sadam and I became fast friends. Heeven helped with my language skills by teaching me thenumbers by playing cards and hide and seek with the localvillage kids.

The village was tiny compared to my home inBaltimore, consisting of two main dirt roads with about1000 people living there. The area was mostlyagricultural and anyone who did not make their living offthe land had to commute into Veles for their jobs. Mostfamilies still do not have indoor or flush toilets, althoughmost have at least running water and showers in thehome. There are only a few really small stores sellingonly the most basic of provisions – there were no otherbusinesses in the village. There is no doctor or clinic,although the village has an ambulance that is a convertedold Yugo. Power was an issue as well. Due to an agingtransformer and some issues with the power authority,Buzalkovo lost power quite often and sometimes for daysat a time. There was one period where after three daysof being without power I just couldn’t stand the thought ofnot being able to wash my hair – in the village no powermeans no water! – so I managed with less than a liter ofmy distilled water. Sadam teased me about it mercilesslyfor weeks, but it was worth the effort.

Other things were noticeably different as well.The PCVs in my training group had what we could onlydescribe as the “rock star” entourage – kids followed useverywhere because we were Americans, new anddifferent. Families are very close here so you hardlyspend any time alone. In the village, it was not culturallyacceptable for women to venture out on their own.Sometimes your chaperone may be under the age of ten,but you are still supposed to have someone with you at alltimes. I found it funny that I used to work on milliondollar deals and travel alone on business trips across thecountry, but couldn’t walk outside without a chaperone inthe village. A couple of weeks after I arrived, I wantedto go for a walk just to clear my head – and it backfiredcompletely. I didn’t get 30 meters before I was swarmedby kids, which was not that unusual and it usually took acouple of minutes to say hello, answer their questions andget past them. But, one man who saw me got so worriedabout me being lost (despite the fact that I was only 30

Melissa attends a meeting of sheep breeders andconsultants in Sloeshtica.


Environmental Law 17 Continue on next page

meters from my host family’s house and there are only tworoads in the whole village) that he found my host father’sbrother so he could save me. He took me to thegrandmother’s house and an all points bulletin was put outfor Sadam to come escort me home. While they were outlooking for him I kept wondering if he was getting thelecture that most kids back in America get when they losethe family dog. You know something along the lines of:“You know Sadam, having an American is a bigresponsibility. You have to take care of it. You have towater it and feed it and take it on walks. And you cannever let it out of your sight or off its leash. Because if youlose your American we’re not going to get you anotherone!” Apparently Sadam got the message because I didmanage to survive training without getting lost ordisappearing again. And I learned to take anothervolunteer with me if I ever tried to go out hiking – it wasjust so much easier.

While living in Buzalkovo, training consisted of dailysessions learning Albanian and Macedonian, and thenweekly technical sessions regarding NGO development inthe country, funding options, and grant writing. In additionall volunteers had practicum, which afforded communitydevelopment volunteers like myself the opportunity to workat local NGOs in Veles and learn hands on the workculture and customs at NGOs in Macedonia. Mypracticum was at an environmental organization. Theorganization was started when a group of graffiti artistsheaded by the man who is now the head of the NGOdecided to start an illegal campaign against the local leadsmelter. They spray painted all over the city “the SmelterKills” “the Smelter is Death”, and “the Smelter is Evil” allover Veles. So a couple of years ago, the police called allof them in for an “informational meeting. " What Iwouldn’t have given to be a fly on the wall at the“informational meeting”! Apparently the police stronglycounseled them against any further activity – so instead thegraffiti artists and their compatriots decided perhaps it wastime to go legitimate. So they registered the organization asan NGO under the law, acquired office space, and starteda legal campaign against the smelter. With the currenteconomy of Macedonia, the smelter is now inactive, butthere are rumors that it may be purchased and restarted.In the meantime the organization has shifted focus and istrying to get the youth of Macedonia to appreciate andprotect nature. So they have renovated a hiking house upin the mountains that they use to take kids and artists onhiking trips to teach them about nature.

The environmental NGO was an interesting placeto intern for the 3 months of training and opened my eyesto the nature of work here in Macedonia. In this country,no one will really work with you until they know you andtrust you. So you spend lots of time initially having coffee

with colleagues and discussing your family life and otherissues until there is a foundation of trust laid. I once wastalking with a Macedonian colleague about how at thelaw firm I worked with clients across the country and wehad never met in person – we had worked mostly byphone, fax and email. He was stunned. “But how dothey know they can trust you, if they don’t know you andwho your family is and who you are friends with?” heasked incredulously. I didn’t have a ready answer forthat - I could only respond that they trusted the firm Iworked for and that they wouldn’t do business with mefor long if I let them down so they trusted me to do thejob until I proved them wrong. But I have learned inMacedonia that having coffee with colleagues is not adistraction but is rather an important part of your job – itis the only way to truly integrate into your organizationand lay the basic framework of trust and relationshipsthat will ultimately be the foundation of your work here.It may sound quaint compared to America’s fast pacedand sometimes impersonal workplace – but it is actuallyone of the many things I have grown to admire about theculture in Macedonia.

As I mentioned above, I lived in an ethnicAlbanian village during training and I currently live in amajority Albanian town. I should probably mention atthis point that the Muslim culture here is a far cry fromthe oppressive regimes Americans often think of –women wearing full burqas in Afghanistan andultraconservative sects in the Middle East. I can tell youthat my experience with the Albanian Muslimcommunities here is very different from thosestereotypes. Although the Albanian communities heremay be somewhat more conservative than Americanstandards, they are exceedingly forward thinking oneconomic issues and are fairly liberal compared to theMiddle East on women’s issues and education. Whileolder women and women in smaller traditional villagestend to wear head scarves, many younger women are

Melissa assists in cataloging and documentingsamples of parasite control from sheep herds nearMakedonski Brod.


choosing not to follow this practice. Although theprogress is somewhat slow, more women are gettinguniversity and advanced degrees and an increasingnumber are finding jobs in their chosen fields (even inMacedonia’s difficult economy) and continuing to workafter they marry and have children. Although theMuslims here are faithful to their religion and ethnicculture, they tend to be very tolerant of other cultures.As I have described below, I now work for anagricultural organization – which happens to be made upentirely of men. These men have been incrediblyrespectful to me and - although they are not entirely usedto women working in the agricultural sector – havetreated me as an equal partner in the organization.

Living in Macedonia has afforded an uncommonopportunity to live and work within a Muslim communityand to understand both the religion and culturesurrounding it. I was living with an Albanian familyduring the holy month of Ramadan and able to participatein the feasts of Bajram, when alms are given to the poorand the patriarch of the family is honored. I have touredsome of the most beautiful mosques in the country andhad discussions with Muslims on religious doctrine versusthe culture of Islam and the differences between theQ’uran (as the word of Allah, which can never change)and the teachings of certain elders and sects (as theword of man, which can evolve over time). I haveattended a Muslim wedding in a village, which bridgedthe gulf of laughter and tears in a moving ceremony –and where even the bride’s father wept publicly tears ofjoy and sorrow as his daughter left her home to meet hergroom. Although my education and experiences onIslam and the culture here in Macedonia are far fromcomplete, I thought it was important to at least illuminatehow the Albanian Muslim community in Macedonia inwhich I have lived is distinctly different than the

stereotypes of Muslims that were percolating in Americawhen I left.

After training and swearing in as a full-fledgedPeace Corps Volunteers last December, I moved to alarger town on the western side of Macedonian calledGostivar. Gostivar is a mixed ethnic community settled inthe valley between two mountain ranges. The two officiallanguages in the community are Albanian and Macedonianso I get to use and practice my Albanian and Macedonianlanguage skills often, although I focus on Albanian as bothGostivar and my assigned organization are made up ofmostly ethnic Albanians.

I have been assigned to assist the RegionalOrganization of Sheep Breeders of Western Macedonia.The sheep breeders here produce a feta-like type of saltysoft cheese and lamb meat and are working to betterorganize themselves in the market to buy supplies and selltheir products at better prices. It is difficult to describe myrole in the organization because I actually don’t have anysort of “typical” day. But my primary job here is to providebusiness, marketing, and other general assistance to theorganization and offer new ideas for operating theorganization. The wonderful thing about my organization isthat although we technically have an office in town, wealmost never work out of the office. Ninety-five percent ofmy job is traveling with my assigned colleague all overwestern Macedonia, visiting members of the organization,organizing festivals for the sheep breeders and for cheesemarkets, and training the members in business planning andmarketing, among other things. Talk about a change for alawyer who routinely spent all of her working hours in heroffice and “met” some clients only by phone, email or fax!One day recently, for example, my colleague and I actuallyspent 2 hours off-roading in a 4WD jeep to reach amountain where sheep herds were being pastured for thesummer to talk with the sheep breeders about a projectrelated to the Kyoto Protocol that would bring biomassenergy production techniques to some agriculturaloperations in Macedonia. We spent the whole day up in themountains and the pastures learning about the operation,having lunch with the men doing the milking and taking careof the herd, and hiking around the stunning pastures andmountains surrounding the facility. It was only one of themany amazing days I’ve spent with the sheep breederassociation thus far. I can’t wait to see what otherinteresting days the coming year will bring as I continue mywork with the organization.

As a secondary project to my work with the sheepbreeders, I work with another PCV in Gostivar on ClubG.L.O.W. (Girls Leading Our World) for local teenagegirls. With the club, we have moderated sessions and

Melissa and other PCVs hiking in the mountainsof Gostivar.

continued on page 34


AN EXTERN’S PERSPECTIVE

LAW AND ORDER MEETS THE WEST WINGby April Birnbaum*

Chock full of federal agencies and NGOs thataddress a wide variety of environmental issues,Washington, D.C. is a mecca for the practice ofenvironmental law. Accordingly, one factor in mydecision to attend Maryland Law was the school’sproximity to the vast array of environmental employmentoptions that D.C. has to offer. Prior to attending lawschool, I anticipated working in Washington for a summerand/or part time during a semester of my second or thirdyear. However, I never expected to commute five days aweek for four months from Baltimore to D.C., loggingover three-hundred hours of transit time. Despite mynewly acquired revulsion toward the MARC train, theD.C. METRO, and the sound of my alarm clock ringingbefore 6 AM, my experiences externing full time inWashington this past semester have yielded some of themost poignant life-lessons and memories of my shortcareer as a budding environmental attorney.

Background

My self made “Washington Semester” wascomprised of two distinct, yet complementary externships:an Environmental Extern position with the Minority Staffof the House Committee on Government Reform(Government Reform) and a Law Clerk position in theEnvironmental Crimes Section of the United StatesDepartment of Justice (Environmental Crimes).

Government Reform is the main investigativecommittee in the U.S. House of Representatives and canprobe into any federal program or matter with federalpolicy implications. The Committee conductsinvestigations by requesting hearings, drafting letters, andpublishing reports on topics like prescription drugs,terrorism, and the environment. Examples of priorenvironmental investigations include the potentialweaknesses of EPA’s regulations for lead in drinkingwater and mercury emissions from power plants.

Like any committee in the House or Senate,Government Reform is represented by two sets ofmembers; currently, Democrats occupy the Minority andRepublicans represent the Majority. Therefore, anyexperience externing in Government Reform is inherentlyshaped by which side you are employed by. As a legalextern to Alexandra Teitz, a Minority counsel withGovernment Reform, I represented the committee staffof Rep. Henry Waxman, a brilliant Democrat fromSouthern California who, among other accomplishments,helped to draft the 1990 Clean Air Act Amendments.Because of its strategic position, however, the Majority,lead by Chairman Tom Davis (R-VA), ultimately sets theagenda that Rep. Waxman must follow.

In contrast to Government Reform,Environmental Crimes prosecutes individuals andcorporations that violate environmental laws like theClean Water Act and the Endangered Species Act.Environmental Crimes is one of nine sections in thelarger Environment and Natural Resources Division ofthe Department of Justice (DOJ) and works closely withprosecutors and criminal investigators from the Office ofthe U.S. Attorneys, the Environmental ProtectionAgency, the Federal Bureau of Investigation, the CoastGuard, and the Fish and Wildlife Service. Unlike themajority of environmental cases litigated by theEnvironment and Natural Resources Division,Environmental Crimes has the distinct capacity toconvict and sentence polluters for their actions. Forexample, in a recent Resource Conservation andRecovery Act case prosecuted by EnvironmentalCrimes, a jury sentenced the owner of a company toserve seventeen years in prison and pay sixteen milliondollars in restitution.


Extern April Birnbaum with her supervisor, DOJattorney Thomas Ballantine, and seized endangeredspecies skins.


Experiences

Needless to say, there is no doubt in my mind that Ilearned more by externing at Government Reform andEnvironmental Crimes than in any classroom-based legalcourse. Over four months, I participated in events asdiverse as a briefing by the steel industry on theirenvironmentally responsible practices to a prosecutionreview for a pending case involving a cruise ship thatillegally dumped hazardous waste. Ultimately, I credit thevariety of these experiences to my enthusiastic andsupportive supervisors, who were always searching forinteresting meetings for me to attend and exciting cases forme to work on. In retrospect, I believe that it is largelybecause of their commitment to the externships that I wasable to thoroughly enjoy my externship experiences.

Due to the confidential nature of my work at bothvenues, I am unable to talk in detail about the majority of myexternship assignments. Generally speaking, these projectsincluded researching case law, statutes, and legislativehistory; drafting letters and memos; aiding in hearingpreparation; and evaluating Administration proposals andpolicies. However, a few long term projects stand out asparticularly significant learning experiences.

On my first day at Government Reform, I wasassigned the task of drafting a letter regarding the regulatoryimplications of the United States’ recent participation in theDoha Round trade negotiations for the GATS (GeneralAgreement on Trade in Services). Although I had takenInternational Law and was preparing to compete in theJessup International Law Moot Court Competition, I soonrealized that the body of international trade law andprinciples of treaty interpretation governing the GATS arefar from transparent. Each time I attended a briefing on theDoha Round or consulted with a GATS expert, I becameincreasingly confused. After a series of eight or so draftsover the course of three months, I managed to produce asimple letter that brings the nexus between the GATS andour domestic regulations into the limelight. While it may nothave the force of the highly persuasive, brilliant piece oflegal writing that I originally envisioned, I now recognize thata true understanding of these complex areas of internationallaw can take years and that many of the legal writing skillslearned in law school have little relevance in these types ofpolicy assignments. Additionally, this project truly taught methat oftentimes on the Hill, an extern or staffer is forced toquickly become a self-made expert on a narrow andcomplex issue that few others may clearly understand.Thus, despite who may read this letter, I can arguably saythat I now know more about the intricacies of the Dohanegotiations than, well, most people would ever want or needto know. Although calling myself an expert on the Dohanegotiations would likely be a stretch, perhaps, at the very

least, I can now refer to myself as “highly knowledgeable”on something that I knew virtually nothing about just fourmonths ago.

Another meaningful long-term project that Icompleted during my externships was writing a Motion inOpposition to a Defendant’s Motion for SummaryJudgment on a wildlife trafficking case at EnvironmentalCrimes. After receiving this assignment, I quickly learnedthat the motion dealt with a case of first impression in thefederal circuit where it was considered. This meant thatthe federal district court hearing the case had never beforedealt with a fact pattern substantially similar to this case.While I had a sample brief to refer to, much of theresearch and ideas that I included in the motion wereoriginal. Moreover, considering my then status as arelatively inexperienced 2L, I also recognized that theseideas were potentially incorrect. Three days after handingin the assignment, I received a copy of the final motionthat was submitted to a federal district court. To mysurprise, only a few sentences had been added and littlehad been changed. When I mentioned this to mysupervisor, he seemed far from astonished. Apparently,Environmental Crimes frequently submit documents tocourt that are almost identical to the original documentssubmitted by its law clerks. In a nutshell, this experiencetaught me that the attorneys of Environmental Crimesdemand a high level of legal research and writing skillsfrom their externs, but in return, the externs have theunique privilege of drafting core pleadings that can helpmake or break the Justice Department’s success inintegral cases.

While trying to capture the essence of four monthsof externship experiences in a few pages is more or lessimpossible, I hope that I have managed to convince anyaspiring extern to pursue an environmental externship ateither (or both ☺) Government Reform or EnvironmentalCrimes. Although the intricacies of the assignments Icompleted may eventually fade, I will surely never forgetthe relationships that I forged with my supervisors andother externs. Regardless of its approach, both of theseexperiences have taught me that environmental violationsare serious infractions that demand public awareness andlegal assistance. Inspired and now able to navigatedowntown Washington, I hope to continue to advocate onbehalf of all of the people, plants, and animals, whichwould otherwise go unrepresented.

*April Birnbaum is a third year law student pursuing aConcentration in Environmental Law.


Environmental Law StudentsSummer Job Report

April Birnbaum – summer associate for Rich andHenderson in Annapolis, MDLauren Bregman – summer associate for Paley,Rothman in Bethesda, MDVaughn Comeau – summer associate for McGuireWoods in Washington, DCKhushi Desai – summer associate for Mason Law Firmin Washington, DCMark DeVry – legal intern for the Natonal League ofCities in Washington, DCJames Goodwin – law clerk for Ecologix Group inAnnapolis, MDCorianne Iacovelli – summer associate for Kramon &Graham in Baltimore, MDEvan Isaacson – law clerk for U.S. EPA, Office ofEnforcement and Compliance Assurance in Washington,DCJeannette Lee – summer associate for Linowes &Blocher in Silver Spring, MDAmy Major – full-time summer studentJesse Martin – summer associate for Kegel, Kelin, Almyand Grimm in Lancaster, PAWinston Martindale – law clerk for U.S. EPA, Region 2in New York.David McMurray – law clerk for Center for ProgressiveReform in Washington, DCMarissa Merrick – research assistant for ProfessorKerry Rodgers, Environmental Law ClinicJill Morotchie - law clerk for U.S. EPA, Office ofEnforcement and Compliance Assurance, WaterEnforcement Division, in Washington, DCDaniel Orlaskey – summer associate for Reese andCarney in Columbia, MDLaura Pacanowsky – summer associate for VenableBaetjer in Baltimore, MDKarla Schaffer – law clerk for Chesapeake BayFoundation in Annapolis, MDJason Smith – law clerk for the Department of Justice inWashington, DCAmber Widmayer – law clerk for U.S. EPA, Office ofEnforcement and Compliance Assurance in Washington,DCLauren Willis – law clerk in the summer EPA HonorsProgram with U.S. EPA, Office of General Counsel, inWashington, DCAlva Wright – law clerk for U.S. EPA, Office ofEnforcement and Compliance Assurance in Washington,DC

Lauren Charney – research assistant for ProfessorRobert Percival, Director, Environmental Law ProgramJonathan Cheng - research assistant for ProfessorMark Graber, University of Maryland School of LawTokesha Collins - research assistant for ProfessorRena Steinzor, Director, Environmental ClinicBrendan Fitzpatrick – law clerk for U.S. EPA, Officeof Enforcement and Compliance Assurance inWashington, DCVan Hilderbrand – law clerk with U.S. Navy, JAGCorp in Washington, DCChristine Jochim – summer associate with the U.S.Nuclear Regulatory Commission in Rockville, MDAnna Kuperstein – research assistant for ProfessorRena Steinzor, Director, Environmental Law ClinicMichael McKeefrey - law clerk for University ofMaryland Center for Health and Homeland SecurityLauren Morris, research assistant for ProfessorKerry Rodgers, Environmental Law ClinicGeorge O’Brien – judicial intern for the HonorableJudge Peter J. Messitte in the U.S. District Court forthe District of Maryland.Heidi Price – summer associate for Beveridge &Diamond in Baltimore, MDDavid Rosen – summer intern for Prosperity andDemocracy in Washington, DCJoshua Schultz – law clerk for U.S. EPA, Office ofEnforcement and Compliance Assurance in Washington,DCJayne Shah – law clerk for State HighwayAdministration in Baltimore, MDThaila Sundaresan – summer associate for Gallagher,Evelius and Jones in Baltimore, MDJennifer Sweigart – research assistant for ProfessorMichael VanAlstine, University of MD School of LawLewis Taylor - research assistant for Professor RobertPercival, Director, Environmental Law ProgramIan Ullman - research assistant for Professor RobertPercival, Director, Environmental Law ProgramMichael Wright - research assistant for ProfessorRena Steinzor, Director, Environmental Law ClinicAilleen Yu – law clerk for Maryland EnvironmentalService in Millersville, MD

Mayumi Sakoh – State Legislative Specialist at TheHumane Society of the U.S.

CLASS OF 2007 CLASS OF 2008

Evening Student


WORKING THE HALLS OF ANNAPOLIS:DEFENDING THE ENVIRONMENT BEFORE THE

MARYLAND GENERAL ASSEMBLYWhether defending the rights of a client or

working for broader social change, when most peoplegraduate from law school the courts become the stageupon which they perform. Not so for three MarylandLaw graduates. They work to protect Maryland’senvironment in a much larger arena – the halls andhearing rooms of Annapolis.

Erin Fitzsimmons (1991), Terry Harris (2001), andJennifer Bevan-Dangel (2005) all graduated fromMaryland Law with a focus on environmental law. Buttheir paths took them to Annapolis in different ways.

Fitzsimmons taught Environmental Law and Policyas an Assistant Professor at Salisbury University and wasan elected Councilwoman for the Town of Ocean Citybefore accepting a position as the Chesapeake RegionalDirector for Waterkeeper Alliance. Harris started hisown solo practice upon graduation and founded a non-profit organization, the Cleanup Coalition. Fitzsimmonsand Harris also work with the Maryland League ofConservation Voters, where Harris most recently servedas their interim executive director. Bevan-Dangel startedworking with Maryland PIRG (now EnvironmentMaryland) directly upon graduation.

Whichever path led them to Annapolis, all threelove fighting for the environment in the legislative arena.“Lawmaking is usually where the biggest impact can bemade,” said Terry Harris, “Maryland’s reputation forenvironmental progress, on Critical Areas protection andSmart Growth for example, are the results of hard-foughtlegislative battles.”

“I kept trying to practice law and every time Ifound myself in the Statehouse instead of the Courthouse.There is a certain instinct to legislative work and youeither have it or you don’t. When you help pass a goodbill or kill a bad bill, you know you have done your part andthe environment is the true winner,” said Fitzsimmons.

Working the legislature is different than working acourtroom, but the principles of environmental law learnedin the classroom prove invaluable when working toimprove those laws. And, perhaps more important, theinstincts and talents honed in law school are essential forwinning in Annapolis. For while there is a relativelysimple formula for how a bill becomes a law, a legislativepractice requires a diverse set of skills and a special typeof feel.

At its heart, passing legislation in Maryland’sbicameral legislature is simple. A bill must pass both theHouse and the Senate — in both committee and on thefloor. If the bill passes it is sent to the Governor’s deskfor his signature. In Maryland, the Governor can sign thebill, veto the bill, or allow the bill to pass into law withouthis signature. But this simple process belies a fight thatlasts not just for the three months that the legislature is insession, but for the three years that it often takes to getgood legislation passed.

Winning in this arena requires the support ofchampions in the legislature to work the bill, committeechairs and half the committee members to get the bill tothe floor, at least 71 Delegates and 24 Senators to get thebill to the Governor’s desk, and finally the support – or atleast acceptance – of the Governor himself. That takesskills not taught in any classroom. You have to buildrelationships, think on your feet, know the facts, argueyour case, and be able to count votes – and keep them.

But the knowledge learned in law school is aninvaluable help in Annapolis. Knowing procedure, soinvaluable in the courtroom, also gives you a hugeadvantage in the statehouse. And having a solid legalbackground helps you to draft legislation, and to defend it,and to identify any loopholes in legislative language.

Passing a bill also takes work in the larger worldbeyond Annapolis. Without media attention, the help ofother organizations, and grassroots support, you cannotbuild the momentum you need to make meaningfulchange.

There are many ways to fight for a better future,but lobbying is often the most direct way to make thatchange. It is an arena that is fast-paced, exciting, andalways full of surprises. If you are interested in learningmore about opportunities in Annapolis, talk to LauraMrozek about internship opportunities.

In an arena where there are many opportunitiesfor failure, these three have fought and won. They areparticularly proud of their work on the Healthy Air Act,Critical Areas Act, Water Quality Improvement Act, andlegislation dealing with brownfields, smart growth,wetlands, environmental standing, lead and mercurypoisoning, and environmental enforcement.


1969Gerald Winegrad continues to work for American BirdConservancy on wildlife conservation issues as a consultantand has a Maryland Law School Environmental LawProgram intern dedicated to a project to resolve themortality of millions of migratory birds at communicationtowers. He is also an Adjunct Professor at the University ofMaryland Graduate School of Public Policy where heteaches courses he developed on Chesapeake BayRestoration and on Wildlife Management and Policy. As aformer State Senator, Gerald continues his involvement inpolitics as a Board member of the Maryland League ofConservation Voters and as an advisor to current electedofficials and others seeking higher office.

1974S. Jacob Scherr is Director, International Programs,Natural Resources Defense Council (NRDC) inWashington, DC.

1976Jane Barrett is a partner with Blank Rome LLP in theWashington, DC office and is co-chair of its white-collar,internal and government investigations practice group. Herpractice emphasizes the defense of environmental crimesand complex fraud cases throughout the United States. Ms.Barrett is a member of the American Bar Association’sTask Force on Gatekeeper Regulation and the Profession.

1978Jonathan Libber is an attorney with the U. S. EPA,Office of Enforcement and Compliance Assurance inWashington, DC. Jonathan is responsible for issues relatingto the recapture of economic benefit from violators andviolator claims of inability to afford compliance, clean-upand civil penalties.

1982

Scott Burns is Director of the Marine ConservationProgram at World Wildlife Fund in Washington, DC. Scotthas been with WWF for over ten years and continues towork on ocean conservation issues. His portfolio includesrepresenting WWF in a number of internationalorganizations, leading the work on fisheries conservationwith the private sector, and overseeing a major project withthe World Bank.

1985Sean Coleman is an Assistant Attorney General withthe Office of the Attorney General and principalcounsel to Maryland Environmental Service inMillersville, MD.

Midgett Parker is a partner with Linowes andBlocher in Annapolis, MD. He is Chairman of theBoard of Trustees for the Chesapeake Bay Trust and amember of the Governor’s Commission for Protectingthe Chesapeake Bay through Sustainable Forestry. Hewas elected by the Smithsonian Institutes’ Regents tothe Advisory Board of the Smithsonian EnvironmentalResearch Center (SERC).

David Roth is a partner with Greenbaum, Rowe, Smith& Davis LLP in Woodbridge, NJ.

1986

John Dugdale is a partner with Andrews Kurth LLPin Dallas, Texas, practicing environmental law.

Stephen Stec is Head of the Environmental LawProgramme, Senior Legal Specialist, the RegionalEnvironmental Center for Central and Eastern Europein Hungary.

1987

Crystal Chissell is Assistant Attorney General withMaryland Environmental Service in Millersville, MD.

Antoinette Sebastian is Director, EnvironmentalPlanning Division, U.S. Department of Housing andUrban Development. Her focus is on internationalmultilateral environmental agreements, especially thoseabout shared water resources, and environmentalpolitics in general.

1989Eric Easton is Professor of Law and co-director of theLegal Skills Program at the University of BaltimoreSchool of Law.

Scott Garrison is an attorney with the U.S. EPA,Office of General Counsel, Pesticides and ToxicSubstances Law Office in Washington, DC.

As we approach the 20th anniversary of the founding of the Maryland Environmental Law Program,this listing of the activities of our environmental alumni is a particular source of pride for everyone associatedwith the program.

ENVIRONMENTAL ALUMNI UPDATE


Back row left to right: Jeremiah Chiappelli and daughter, Erica Zilioli, Mike McCarthy, Sriram Gopal,Professor Rena Steinzor, Professor Kerry Rodgers, Professor Robert Percival, Karlene Fischer.First row: Erin Holbrook, Andrea Curatola, Katie Wainwright, Megan Moeller, Matt Shudtz, CandaceHoward, Natalie Havlina, and Program Coordinator, Laura Mrozek.Not Shown: Mindy Goldstein, Sam Hawkins, Min Kho, Anne Merwin, Amy Roth, Briena Strippoli, AliTysor, and Jee Kim.

Come Celebrate the 20th Anniversary ofThe Environmental Law Program

The Environmental Law Program will be celebrating its 20th anniver-sary in 2007. We are planning a three-day conference on April 11-13 (seepages 2-3 for information regarding the conference). On Friday, April 13, weplan to conclude the conference with our Annual Alumni winetasting. We hopeto see many of our friends and alumni at the celebration!

NINETEEN STUDENTS QUALIFY FOR ENVIRONMENTAL

CONCENTRATION AT MAY 2006 GRADUATION

Environmental Alumni Reunion & Winetasting


Julie Smith is Executive Director, Development andEnvironmental Services, with the town of Flower Mound,Texas. Her department includes planning services,building inspections, environmental health services/codeenforcement, economic development, and environmentalresources. Julie has been an adjunct professor teachinggraduate-level environmental law and policy classes in theDepartment of Geography at the University of NorthTexas.

Pamela Wexler is an associate with The Cadmus Group,Inc., an energy and environmental consulting firm inRosslyn, VA. Pamela recently completed a report whichevaluates the initial phase of a three-year old internationalagreement, the Kimberley Process Certification Scheme,designed to eliminate the trade of “conflict” (or “blood”)diamonds. Illicit proceeds from these diamonds— minedin areas outside government control — captured publicattention in the late 1990’s and an agreement wasnegotiated in 2003 (blazing speed for the UN). A groupof NGOs commissioned Pamela to conduct anindependent assessment of its inaugural phase. Many ofher recommendations have been championed by variousgovernments and are currently in front of the Participantsto the Agreement for consideration. She is “enthusiasticabout the work and the topic – it was fulfilling to learnabout/be able to promote a real success out of Africa fora change. Working mostly for NGOs, I have not alwaysbeen on the winning side, and as to Africa, well, the newsis more often bad than good. Yet Kimberley offers newmodels for international cooperation, no treaty, justprinciples implemented through national legislation. It’s afresh example of how civil society and industry arecooperatively participating in international policymaking,and it has had indirect benefits to the local environment,development goals, and worker safety (most minerstypically are poor or children, so cleaning up the diamondsector has greatly improved working conditions).” Hereis the link: http://www.globalwitness.org/reports/show.php/en.00090.html.

Kerry C. Williams is a partner at Chamberlain,Hrdlicka, White, Williams & Martin in Houston, Texas.Kerry’s practice is primarily in international oil and gasconstruction law. He is also a faculty member at TexasA&M, teaching construction law in the Department ofArchitecture.

1990

Margaret (Maggie) Carson is Chief, AdministrativeServices, Employment and Training Administration, U.S.Department of Labor. Margaret is very active in theareas of environmentally preferable procurement andenergy management.

Susan Chang is an attorney-advisor with the SocialSecurity Administration in San Francisco, CA.

Elizabeth Donley was appointed in November 2005Regional Counsel for the Southwest Florida RegionalPlanning Council (www.swfrpc.org). She continues as theGrants & Contracts Manager for the Charlotte HarborNational Estuary Program (www.chnep.org). For the pasttwo years, she has served as Coordinator for the BabcockPreservation Partnership, which facilitated the purchase ofover 72,000 acres of Babcock Ranch for preservation andconservation by the State of Florida and Lee County.

Joe Espo is a partner with the law firm of Brown,Goldstein & Levy in Baltimore, MD.

Steven Rollin serves as Gifted and Talented ProgramCoordinator for Eden Prairie High School in Minneapolis,MN.

1991

Stephanie P. Brown is Branch Chief, U.S. EPA, Officeof Enforcement & Compliance Assurance, in Washington,DC.

Lou D’Angelo is a financial planner and lives in Wexford,PA.

David Fischer is an attorney with Bergeson & Campbell,P.C. in Washington, DC.

Erin Fitzsimmons is the Chesapeake Region Coordinatorfor the Waterkeeper Alliance in Annapolis, MD. Erinworks with waterkeeper programs in the Chesapeake andDelmarva Coastal Bays Watersheds.

Lisa Gladden is a Member of the Maryland State Senate(D), 41st District.

Cynthia Golomb is a sole practitioner in Columbia, MD.

Joshua Gordon is an appellate attorney and practicesbefore the New Hampshire Supreme Court and in the U.S.Court of Appeals for the 1st Circuit. His website iswww.appealslawyer.net.

Ann Hobbs is a partner with Venable LLP in Washington,DC.

Safia Mohammadally Kadir is an attorney with HeiseJorgensen & Stefanelli in Gaithersburg, MD.

John Kalas is Vice President at JP Morgan Chase in NewYork.


Peggy Rodgers Kalas is the UN Coordinator for theDeep Sea Conservation Coalition (DSCC). The DSCC isan alliance of over 30 international organizations calling fora moratorium on high seas bottom trawling.

Kyriakos Marudas is Assistant City Solicitor for the Cityof Baltimore.

1992Linda Bailey is Executive Director of the North AmericanQuitline Consortium at the American Legacy Foundation inPhoenix, AZ.

Margaret Curtin Begley is Senior Counsel with PioneerGroup, Inc., in Boston, MA.

Kathleen Hoke Dachille is Director of the Center forTobacco Regulation, Litigation and Advocacy at theUniversity of Maryland School of Law.

Christopher Hamaty is Assistant General Counsel forIntellectual Property for McAfee, Inc., in Plano, TX.

Carol Iancu is an Assistant Attorney General at theMassachusetts Attorney General’s Office, in Boston. Shehas been working on national climate change litigation andLNG facility siting litigation in addition to a broad range ofother environmental issues.

Thomas Lavelle is an environmental consultant withVersar. His focus is to support Army programs to manageand maintain Army training and testing lands throughintegration of mission requirements, environmentalcompliance, and sustainable land and habitat managementpractices.

Kenda Layne is a Special Assistant at the U.S. Attorney’sOffice in Washington, DC.

Frank Levi is an environmental attorney with the U.S.Army focusing on Base Realignment and Closure (BRAC).He is the Deputy Chief Counsel for the Army’s InstallationManagement Agency in Crystal City, Virginia. Frankhandles all aspects of environmental law arising out of theoperation of Army installations as well as other legal issuesfacing the Army. He continues his affiliation with the AirForce Reserves, serving as a reserve judge advocate atAndrews Air Force Base.

Emily Vaias is a partner at Linowes & Blocher, LLP.

1993Ali Alavi is Vice President-Corporate Administration,General Counsel & Secretary of Horsehead Corp. in

Monaca, PA. His responsibilities include legal affairs,government and public affairs and corporate secretary.He’s been appointed to oversee human resources, whichincludes all employment and labor relations for thecompany, which is the largest domestic producer of zincand value-added zinc products, and among the world’slargest recyclers of zinc-bearing materials.

Wib Chesser is a partner at Arent Fox in Washington,DC.

Lisa Satterfield Daly is Assistant Legislative Counselto the United States House of Representatives. Lisaassists Congress by drafting legislation related toAmerican Indians, territories, natural resources, andagriculture and by analyzing policy related to suchlegislation.

Catherine Faint is a trademark attorney for the U.S.Patent and Trademark Office in Washington, DC.

Lorraine Ebert Fraser is an Administrative Law Judgefor the Maryland Office of Administrative Hearingslocated in Hunt Valley, MD.

Pamela Metz Kasemeyer is a partner with Schwartz& Metz, P.A., in Baltimore, MD. The firm representsmultiple interests before the Maryland General Assemblyand State regulatory agencies.

Karin Krchnak is Director of International WaterPolicy with the Nature Conservancy’s SustainableWaters Program at the Worldwide Office in Arlington,VA.

Jackie McNamara is a Research Fellow with theLegal Resource Center for Tobacco Regulation,Litigation & Advocacy at the University of MarylandSchool of Law. Her duties include assisting directorKathleen Hoke Dachille ‘92 with students in her tobaccoseminar and LTP class.

Melisa Moonan is a junior partner at Wilmer CutlerPickering Hale and Dorr in Washington, D.C. where shefocuses on FDA law.

Maureen O’Doherty is a sole practitioner inTorrington, Connecticut.

Colleen Ottoson is an attorney with P.A.T.H.(Program for Appropriate Technology in Health) inSeattle, WA.

Mary Raivel is an attorney on the environmentallitigation team at the Navy Office of General Counsel inWashington, DC.


James Smiley is an attorney with the Law Offices ofJoseph M. Jagielski in Baltimore, MD.

Ruth Waxter is a partner with her husband Scott Waxter,’93, at Waxter & Waxter in Frederick, MD.

Scott Waxter has his own practice, Waxter & Waxter inFrederick, MD.

1994Lori Bruun is an Administrative Appeals Officer, INS,Citizenship and Immigration Services in Washington, DC.

Lauren Calia is Assistant Attorney General for theConsumer Protection Division, State of Maryland.

Carrie Capuco has her own consulting firm, providingprogram management and communications services in threemajor areas – government, non-profit, and private sectorclients. Her office is in Annapolis, MD.

Kathryn Delahanty teaches full-time at Towson Universityin the College of Business and Economics.

Jeanne Grasso is partner with Blank Rome LLP inWashington, DC, specializing in maritime and environmentallaw, including white collar defense, internal investigations,and compliance audits.

Steven Groseclose is Global EHS Director with AdvancedMicro Devices in Austin, TX.

John Knight is a partner at Richards, Layton & Finger inWilmington, Delaware.

Jennifer Miller Masuret is a stay-at-home mom with fourchildren and resides in Scituate, MA .

Dave McRae is a partner at Offit Kurman in Rockville,MD.

Shannon Miller is a sole practitioner, practicing elder lawand estate planning in Gainesville, Florida.

Douglas Moorhead is assistant regional counsel with thePennsylvania Department of Environmental Protection inMeadville, PA.

K.C. Murphy is a part-time attorney for DeLeonardo &Associates in Reisterstown, MD, with a concentration oncriminal defense cases.

Jael Polnac serves on the Board of Directors forPrimavera Montessori School in Austin, TX.

Carol Rowan is Supervisory Economist with the U.S.Dept. of Labor, Bureau of Labor Statistics.

Kim Strasser is a collegiate faculty professor at theUniversity of Maryland University College teaching LegalResearch and Legal Writing in the Legal Studies Program.

Rob Wing is an attorney with the U.S. EPA, Office ofGeneral Counsel, Pesticides and Toxic Substances LawOffice, in Washington, DC.

1995Natalie Anderson is doing contract attorney work.

Steven Anderson is Director of the Maryland State LawLibrary in Annapolis, MD.

Theresa Boutchyard is a sole practitioner in HarfordCounty, MD, practicing mostly estate law.

Lauren Buehler is Assistant General Counsel at XcelEnergy in Denver, CO.

Jake Caldwell is the Program Director for Trade,Agriculture, and Energy at the Center for AmericanProgress in Washington, DC.

Michael Caplan is an environmental associate withWillkie, Farr & Gallagher in Washington, DC. Miketeaches Advanced Environmental Law Seminar: US & EUApproaches to Regulating Chemicals, Biotechnology andNanotechnology at Georgetown University Law Center.

Stephen Dolan is a senior associate with Norton Rose inBrussels, Belgium.

Catherine Giovannani is of counsel at Steptoe &Johnson, LLP. Catherine represents Southern CaliforniaEdison Company in its efforts to get the federalgovernment to ensure just and reasonable rates forelectricity in the West.

John Kang is partner with Harrington & Kang, LLP inNewport Beach, CA. In addition to corporate and realestate transactions, they are expanding the practice areasinto litigation and wills and trusts.

John Kelly is a senior associate practicing commercialreal estate law for the law firm of Willcox & Savage inNorfolk, Virginia.

Michael Levy is an associate with Kenyon & Kenyon inNew York.


Fred Schoenbrodt started his new firm, MirzaianSchoenbrodt, LLP, located in Morristown, NJ. Hispractice focuses on estate planning and administration,taxation, business law, charitable giving and charitableorganizations law.

Linda Jenner Shevlin resides in Pennsylvania with herhusband and three children.

Jean-Cyril Walker is an associate with Keller &Heckman, LLP practicing environmental law andrepresenting industry and trade associations at the federaland state level.

John Woolums is Director of Governmental Relations,Maryland Association of Boards of Education.

1996Jocelyn Adkins is an attorney with the U.S. EPA, Officeof General Counsel, International Environmental LawOffice. She is currently on detail to the Office of RegionalCounsel in EPA’s Region 9 Office in San Francisco, CA.

Jennifer Bragg is an attorney with King and Spalding inWashington, DC. Jen is a member of the food and druggroup and does litigation and regulatory work, mostly forpharmaceutical manufacturers.

Michael Carlson is a senior associate with Anderson,Coe and King in Baltimore, MD.

Fei Fei Chao is an attorney with Bingham McCutchen inWashington, DC, practicing patent law.

Richard J. Facciolo has been a Director in the BusinessDepartment of Richards, Layton & Finger, P.A. inWilmington, Delaware since 2004. His practice focuses ontransactional matters involving Delaware statutory trusts,limited liability companies and other alternative businessentities.

Robert Hogan is an Enforcement Attorney in the NOAA,Office of the Assistant General Counsel for Enforcementand Litigation. His responsibilities include enforcement ofour nation’s natural resources laws in the marineenvironment.

Elizabeth Gaudio Milito is a senior attorney with theNational Federation of Independent Business inWashington, DC.

Kevin Robertson is Principal with Ober, Kaler, Grimes& Shriver in Baltimore, MD.

Chris Van de Verg is General Counsel for CoreCommunications, Inc., in Annapolis, MD.

Susan Winchurch is an associate with Mulrenini Frances,P.A. in Annapolis, Maryland, practicing in the area ofcommercial real estate, with a concentration on leasing anddevelopment work.

1997Carrie Bland is an Assistant State’s Attorney forBaltimore City’s State’s Attorney Office in the FelonyNarcotics Division.

Pat Deem is an attorney for the Federal AviationAdministration in their Airports and Environmental LawDivision in Oregon.

John Favazza is Legislative Counsel to Michael E. Busch,Speaker of the Maryland House of Delegates.

Mike Gieryic is an environmental attorney with the U.S.Army’s Office of the Staff Judge Advocate in FortRichardson, AK.

Rachel Jean-Baptiste is Senior Staff Attorney with theEnvironmental Law Institute in Washington, DC, and Editorof the National Wetlands Newsletter.

Ray Kempisty is an outreach coordinator with the NationalCemetery Administration.

Jennifer Lundgren Lewis is Chief Legal Counsel,Spectera United Healthcare Dental, headquartered inBaltimore, MD.

Robin Schoeps Lewis has recently moved to New Yorkfrom London with her husband and will be resuming herlegal career this fall.

Jennifer McGee is an associate with Shook, Hardy &Bacon, in Washington, DC, focusing on commerciallitigation and white collar crimes.

Brian Perlberg is Senior Counsel, Construction Law,Contract Documents Program, Associated GeneralContractors of America (AGC) located in Arlington, VA.AGC is the largest and oldest trade association ofconstruction contractors in America.

Mark Petrauskas is an assistant attorney with theMaryland Department of Housing and CommunityDevelopment and with the Maryland Historical Trust.Practice areas include real estate, government housingloans/grants, historic preservation, and general governmentlaw.

Jane O’Leary Ruckdeshel lives in Miami, FL, with herhusband John Ruckdeschel (’97) and their two children.


Howard Stevens is a partner with the Baltimore law firmof Wright, Constable & Skeen, LLP, where he is one ofthree partners in the firm’s Construction Law Group.Steve’s primary practice area is construction litigation,representing a wide range of construction participantsincluding contractors and design professionals.

Geoffrey Washington is an associate with Wagonheim &Associates in Towson, MD, specializing in general businessand commercial litigation.

Cheryle Wilson is a land use attorney for BechtelCorporation’s Telecommunications and Industrial GlobalBusiness Unit in Frederick, MD.

1998Curtis Borland is Deputy Chief, Office of Environmentaland Real Property Law for the U.S. Coast Guard.

Michele LeFaivre is a zoning hearing examiner for theCity of Havre de Grace. She also maintains a solo land useand menial law practice, and published extensively on thesetopics for several associations. She has written threeWestlaw/Thomson American Law Reports on adequatepublic facilities ordinances, school impact fee ordinances,and the exclusion or inclusion of religious use/places ofworship in single-family zoning districts.

Loan Phan Nguyen is an attorney with the U.S. EPA inWashington, DC.

Joseph Pelletier is Deputy Assistant General CounselFair Housing Enforcement Division, Office of GeneralCounsel, U.S. Department of Housing and UrbanDevelopment (HUD) in Washington, DC.

Jerrold Poslusny, Jr. is a junior member with CozenO’Connor in Cherry Hill, NJ.

David Thomas is an associate with Preston Gates Ellis &Rouvelas Meeds, LLP in Washington, DC. David lobbiesfor and advises clients on a range of federal legislative andregulatory matters before Congress and various agencies.

1999Stuart Barr is an attorney with Lerch Early & Brewer inBethesda, MD. Stuart focuses on a wide range of land use,planning and zoning matters primarily in MontgomeryCounty, Maryland.

Katy Byrne is a Civilian Attorney Advisor with the Officeof the Staff Judge Advocate at Fort Meade focusing onland use and environmental law.

Apple Chapman is a Staff Attorney at the U.S. EPA,Office of General Counsel, Air and Radiation LawOffice, in Washington, DC.

Linda Coco is finishing her Ph.D. in Legal Anthropologyat the University of California, Berkeley.

Philip Diamond is an attorney with Gallagher, Eveliusand Jones in Baltimore, MD.

Kimberle Dodd is an associate with Sidley AustinBrown & Wood in Washington, DC, practicing in theenvironmental, civil litigation and government contractsareas.

Chuck Dodge is an associate with Hudson Cook, LLPin Linthicum, MD.

Tom Fort is an associate counsel at Naval Air SystemsCommand in Patuxent River advising several MarineCorps aviation programs. In his Marine Corps Reservecapacity, Tom has been mobilized in support of the globalwar on terrorism.

Pete Johnson is an Assistant Federal Public Defenderwith the Office of the Federal Public Defender for theDistrict of Maryland in Greenbelt, MD.

Nicole Lacoste is an associate in the Real Estate andLand Use Sections of Ballard Spahr Andrews &Ingersoll, LLP in Baltimore, MD. She is currentlyserving as national chair of the Americn PlanningAssociation’s Planning & Law Division and chair of thePlanning Committee for the MBSA Section of RealProperty, Planning & Zoning.

Mila Leonard Neubert is a sole practitioner inFairbanks, Alaska practicing mostly family law.

Bill Piermattei, an attorney with Venable, LLP inBaltimore, MD, helped his firm's softball team win the2006 IPAC championship.

Teju Rau is a sole practitioner in Annapolis, Maryland,providing representation in family law, adoption, andestates and trusts cases.

Alison Rosso is Legislative Director with CongressmanSilvestre Reyes (D-TX) in Washington, DC.

Lori Schectel is a Regulatory Specialist with the SanFrancisco Public Utilities Commission.

Daniel Schreier is Director of Special Education in theChicopee Public Schools in Springfield, MA.


Yosefi Seltzer is the legislative aide for Maryland SenatorIda G. Ruben (District 20, Montgomery). Senator Ruben isthe President Pro Tem and the chair of the MontgomeryCounty Senate delegation. Yosefi conducts legislativeresearch on a wide variety of issues including transportation,land use and environmental matters, drafts speeches and otherstatements and assists with constituent services.

John Shoaff is an attorney with the U.S. EPA, EnvironmentalAssistance Division, Office of Pollution Prevention andToxics.

Jennifer Brune Speargas is in-house Counsel with NRTIncorporated, which owns and operates Coldwell BankerResidential Brokerage.

Paul Versace is a Staff Attorney with U.S. EPA, Financeand Operations Law Office in Washington, DC.

Charlie Wagner is an attorney with Blank Rome LLP inWashington, DC. He practices in the areas of environmentallaw, hazardous materials transportation law, explosivesregulation and white collar crime defense.

Michael Woodruff is an associate with Drinker Biddle &Shanley LLP, practicing commercial real estate, includingconveyancing, leasing, financing, and land use.

2000Brian Anderson is a real estate/business associate withAxley Brynelson, LLP in Madison, Wisconsin.

Tracy Spriggs Barr works part-time from her home officefor the law firm of Campbell, Miller and Zimmerman.

Jennifer Marie Bushman is Assistant Public Defender inDistrict Two, Salisbury, MD.

John Cannan is an associate with The Law Offices of JohnC. Murphy in Baltimore, working on historic preservation,condemnation, land use and community rights cases.

Valerie Csizmadia is an attorney with the DelawareDepartment of Justice representing the Delaware Departmentof Natural Resources & Environmental Control.

Paul DeSantis has his own appellate law practice in Bel Air,MD, handling both state and federal appeals from all overMaryland and also general litigation.

Kevin Flynn is an associate with Van Ness Feldman inWashington, DC. His firm specializes in energy,environmental and natural resource law.

Joanna Goger is adjunct professor at the University ofMaryland Law School where she teaches Biodiversity

Protection. She is also helping to coordinate the Ward,Kershaw Environmental Law Conference to be held inspring 2007.

Melissa Hearne currently resides in the Republic ofMacedonia and is a Peace Corps Volunteer assigned to theRegional Association of Sheep Breeders of WesternMacedonia.(see article on page 15).

Bridget Littlefield is a part-time attorney at Crowell &Moring LLP. Her practice primarily involvesrepresentation of mining companies in environmental andhealth & safety matters.

Jennifer Marshall is the Executive Director of theCenter for Progressive Reform, a 501©(3) nonprofit thathas assembled 40 university-affiliated academics withexpertise in the legal, economic, philosophical, andscientific issues related to regulatory and common lawprotection of health, safety, and the environment.

Mark Matulef works at HUD headquarters as anattorney to FHA’s single-family housing programs.

Marvin Muller III joined the law firm of Segal McCambridgeSinger & Mahoney in January, 2006, to head the immigrationpractice group.

Quang Nguyen is the Special Assistant to the DeputyAdministrator of Transportation Security Administration(TSA), within the Department of Homeland Security inArlington, VA.

Lee Ann Lezzer Richardson is an attorney-advisor forthe U.S. Department of Housing and Urban Development(HUD), Office of General Counsel, in Washington, DC.Her work includes enforcement of the Residential Lead-Based Paint Hazard Reduction Act of 1992 as well as theReal Estate Settlement Procedures Act (RESPA) and theInterstate Land Sales Full Disclosure Act.

Claudia Rozenberg is Strategic Research Coordinatorwith the Teamsters Union in Washington, DC.

Kerstin Schuster is a budget analyst with the SocialSecurity Administration in Baltimore, MD.

Melanie Shepherdson is a Staff Attorney with theNatural Resources Defense Council’s Water and CoastalProgram in Washington, DC. Melanie focuses on CleanWater Act litigation and policy.

Lisa Shipley lives in Venice, California and works inbroadcasting for Direct TV. She also is a volunteerattorney for the Legal Aid Foundation of Los Angeles(LAFLA) at their Inglewood location.


Evan Wolff is an attorney with Mitre Corporation workingwith the Department of Homeland Security on infrastructureprotection issues.

2001James Benjamin, Jr., is Assistant City Solicitor with theBaltimore City Department of Law’s Litigation Division.James was named one of the Baltimore Business Journal's40 under 40 in the Fall of 2005. The BBJ listed 40 up andcoming professionals who are under the age of 40. In June2006, he argued on behalf of the City in the case of CollegeBowl, Inc. v. Mayor and City Council of Baltimore, aninverse condemnation/relocation benefits case before theMaryland Court of Appeals.

Emily A. Berger is an associate with the IntellectualProperty law firm of Lowrie, Lando & Anastasi inCambridge, MA.

Jon Cardin is a State Delegate, (D), District 11, BaltimoreCounty. Jon has been endorsed by the League ofConservation Voters, Sierra Club, Progressive MD,MaryPirg and received a 100% rating on environmentalvotes. He is running for reelection and excited to hopefullybe sent back to finish the work he started last term – to fightfor smoke free legislation inside restaurants, tax credits forgreen building, solar power, hybrid technology and otherenvironmentally friendly behavior to reduce dependence onoil.

John Celeste is an associate with Miles and Stockbridge inBaltimore, MD.

Jonathan Cusson is an associate with Anderson, Coe &King, LLP, in Baltimore, MD.

Sara Cohen Fidler is senior policy analyst with theDepartment of Legislative Services in Annapolis, MD. Sheis also committee counsel for the State Senate Education,Health, and Environmental Affairs Committee.

Terry Harris has a general and environmental practice inBaltimore. Terry is President of the Cleanup Coalition, asmall Baltimore-based non-profit, working with communitieson issues involving brownfield redevelopment, emergencyresponse, and air, waste and water permitting.

Jeffrey Herrema is an attorney at the U.S. EPA, Office ofGeneral Counsel in Washington, DC.

Leslie Hill is a patent litigation associate with Arnold &Porter LLP in Washington, DC.

Gregory Hope is Staff Counsel with the D.C. Water andSewer Authority in Washington, DC. Gregory practices inthe environmental and intellectual property law areas.

Melinda Kramer is an attorney-advisor with the U.S.Securities & Exchange Commission in Washington, DC.

Eric Letvin is Department Head, Natural HazardsEngineering, Greenhorne & O’Mara, in Greenbelt, MD.

James Lichty is an attorney for McAngus Goudelock &Courie in Columbia, S.C.

Chad Littleton is an attorney-advisor with the Office ofEnvironmental Enforcement at the U.S. EPA, inWashington, DC.

Gail Orendorff is an attorney with the Federal AviationAdministration in their Airports and Environmental LawDivision.

Michele Dunlop Rath is General Counsel of OnPointConsulting, Inc., an IT services government contractor.

Michael Strande is Deputy Director for the Center forTobacco Regulation at the University of Maryland Schoolof Law.

Michelle Vanyo is an associate with Wharton, Levin,Ehrmantraut, Klein, Nash in Annapolis, MD.

Catherine Delorey Whittle is an attorney with the LawOffices of Jonathan Brand in Walnut Creek, CA.

Wade Wilson is an associate in the litigation section ofMorgan, Lewis & Bockius in Washington, DC.

2002Andrew Brought is an environmental associate withBaker Botts LLP in Houston, TX.

Rob Cage is an Economist with the Bureau of LaborStatistics in Washington, DC.

Ariel Close is an attorney with DeHay & Elliston inBaltimore, MD.

Margaret Clune is a Policy Analyst at the Center forProgressive Reform in Washington, DC. This fall, she willbe teaching “Introduction to Environmental Law” at theUniversity of Maryland, College Park.

Chris Corzine is an assistant attorney general for theMaryland Department of the Environment in Baltimore,MD.


Quentin Kent is working for the Department of HomelandSecurity as a Judge Advocate General (JAG) officer in theU.S. Coast Guard’s Office of Legislation.

Jeanny Kim is an assistant attorney general for theMaryland Department of the Environment in Baltimore,MD.

Jani Laskaris is an associate with Hartel, Kane, DeSantis,MacDonald & Howie, L.L.P. in Greenbelt, MD.

Brooks Morton is with ADI Technology, Inc./PerotSytems Government Services. Brooks works onenvironmental policy for the Naval Sea System Command.

Greg Schaner is an attorney-advisor with the U.S. EPA,Office of Water in Washington, DC.

Daniel Smith is an attorney with the Department of Justice,Environment and Natural Resources Division in Washington,DC.

Jessica Stuart Steinhilber is Senior Manager ofEnvironmental Affairs at Airports Council International-North America (ACI-NA) in Washington, DC.

Mark Sullivan is an associate in the Intellectual Property-Patent Law section at Morgan, Lewis & Bockius LLP inWashington, DC.

2003Jeffrey Barmach is an assistant county attorney withBaltimore County.

Karyn Bergmann is an attorney with the Law Office ofPeter Angelos in Baltimore.

Andi Thomas Bernat is Director of State Legislation,Humane Society of the U.S. in Washington, DC.

Andrew Bokan is an attorney with Henderson, Franklin,Starnes & Holt, P.A. in Fort Myers, FL.

Michael Collins is an associate with Richards, Layton andFinger, P.A., in Wilmington, DE.

Katherine Eller is an associate with Beveridge &Diamond in Baltimore, MD.

Amy Garvin is an associate with Maslan Brown &Associates LLP in Darien, CT., specializing in real estate,land use and development, in Fairfield County.

Christopher Gozdor is a staff attorney with Maryland’sOffice of the Attorney General, Department of Health andMental Hygiene.

Shana Jones is an associate with McGuire Woods inNorfolk, VA.

Jon Kallen is Chief of Environmental Affairs andCompliance for Maryland Environmental Services (MES).MES is a public, not-for-profit company which is also anindependent state agency. John was reappointed to asecond term on the Board of the Fredericksburg-StaffordCounty Virginia Park Authority.

Tracy Kulikowski lives in Redding and works part-timefor the Town of Weston, CT.

Jomar Maldonado is with the Federal EmergencyManagement Agency’s Environmental and HistoricPreservation Team at the Department of HomelandSecurity. He is an environmental program specialistassisting FEMA’s environmental officer in the preparationand execution of the agency’s environmental regulationsand policies and making sure that the agency complies withthe appropriate environmental laws and requirements asthey relate to its mission.

Christina McGarvey is an associate with Vinson &Elkins LLP in Washington, DC.

Amanda Neidert is an associate with Miles &Stockbridge in Baltimore, MD.

Alan Sachs is an associate with Beveridge & Diamond inBaltimore, MD.

Lauren Silverman is a Federal Legislative Specialist withthe Humane Society of the U.S., in Washington, DC.

Heather Spurrier is an associate with Shulman, Rogers,Gandal, Pordy & Ecker, P.A., in Rockville, MD.

Tracy Steedman is an associate with Harrison LawGroup in Towson, MD.

Matthew Steinhilber is an associate with Ballard SpahrAndrews & Ingersoll in Baltimore, MD.

Marcia Tannian is a policy analyst with the Departmentof Legislative Services in Annapolis, MD.

Gemma Vestal is Legal Officer/Scientist with the WorldHealth Organization in Geneva, Switzerland.

Kristen Klick White is an associate in the environmentalpractice group at Arnold & Porter in Washington, DC.


2004Katherine Baer is Director, River Advocacy, AmericanRivers in Washington, DC.

Emily Baine is with the Office of Counsel, HumphreysEngineering Center Support Activity, U.S. Army Corps ofEngineers in Alexandria. VA. Emily was recentlyinterviewed by the Bulletin of Atomic Scientists as part ofan article on ocean dumping of chemical weapons. Thearticle will be published in the near future.

Ryane Bellarin Necessary is a policy analyst with theDepartment of Legislative Services in Annapolis, MD.

Christie Biggs is assistant state attorney with the PinellasCounty State Attorney’s Office in Clearwater, Florida.

Jonathan Dowling is an attorney with the U.S. Navy JAGCorps.

Jaclyn Ford is an attorney with the Department of State inthe Bureau of Oceans and International Environmental andScientific Affairs, Office of Climate Change. She works onglobal climate change issues, both the legal and policyaspects. Jackie spent five weeks this summer teachingstudents from the U.S., Canada, and the UK, in Costa Rica.The curriculum included comparative endangered specieslaw & policy; and sustainable tourism (eco-tourism).

Dan Fruchter has completed the Honors Law GraduateProgram at the U.S. Nuclear Regulatory Commission andaccepted a permanent position with the Office of GeneralCounsel.

Mary Kelley is an attorney with the Board of Veterans’Appeals in Washington, DC.

Lonnie Kishiyama is a Coast Guard JAG attorneyworking at the Department of Homeland Security’s Officeof the General Counsel in Washington, DC.

Richard Mattick is an environmental scientist with theU.S. EPA, Office of Underground Storage Tanks inWashington, DC.

Evynn Overton is an associate with Beveridge &Diamond in Baltimore, MD.

Kelly Pfeifer is a staff attorney for the Pro Bono, SmallBusiness, and Environmental Justice Projects with theCommunity Law Center in Baltimore.

Brian Pinkham has been accepted to the University ofTexas at Dallas MBA program where he was named aCohort Scholar.

Paige Poechmann is an associate with a general civillitigation firm, Poole & Poole, P.A., in Fernandina Beach,FL, focusing on family law, estate planning, and land useissues.

Alison Prost is an attorney with Coalition to EndChildhood Lead Poisoning in Baltimore, MD.

Stephen Pyle is an associate with Dyer & Associates inMcAllen, Texas.

Ray Schlee is a civilian attorney with the U.S. ArmyCorp of Engineers in Tulsa, Oklahoma.

Greg Schwab is an attorney with Saul Ewing LLP inPhiladelphia, PA.

Paul Sorisio is an attorney with the Board of Veterans’Appeals in Washington, DC.

Zhen Zhang is an environmental associate with Rich andHenderson in Annapolis, MD.

2005Lauren Axley is an attorney with the U.S. Departmentof Agriculture in their regulatory division working with theFood Safety Inspection Service and the Animal and PlantHealth Inspection Service.

Russell Bowman currently serves as Assistant DistrictLegal Officer for the First Coast Guard District,headquartered in Boston, Massachusetts. He isresponsible for providing legal counsel to Coast Guardunits throughout New England on a wide variety of issues,including: maritime homeland security, maritime lawenforcement, environmental protection, and militaryjustice.

Sarah Brull is an associate with Beveridge & Diamondin Baltimore, MD.

Jennifer Bevan-Dangel is a staff attorney/advocate forEnvironmental Maryland, the new home of MarylandPublic Interest Research Group environmental work.

Zara Friedman is an attorney with McDonnell and Adelsin New York practicing insurance defense.

Ami Grace is an associate with Beveridge & Diamond inWashington, DC.

Cortney Madea is an associate in the energydepartment with Dickstein Shapiro in Washington, DC.

Jonathan Nwagbaraocha is a law clerk for theHonorable Vicki Ballou-Watts of the Baltimore CountyCircuit Court. Jonathan received his Masters degree inPublic Policy-Concentration in Environmental Policy fromthe University of Maryland, School of Public Policy, inMay 2006.


*Melissa Hearne is a 2000 graduate of the Universityof Maryland School of Law. She currently resides inthe Republic of Macedonia and is a Peace CorpsVolunteer assigned to the Regional Association ofSheep Breeders of Western Macedonia.

projects on self-esteem, media perceptions of women,body image and domestic violence and we recently hikedinto the mountains surrounding Gostivar to discussecology. The club has turned into one of my favoriteactivities – and at every meeting these young women,who are indeed the future of their country, inspire mewith their optimism and energy.

I am now approaching the end of my first yearsince I left the law firm and started living in the Balkans.In some ways, the time seems so short and in other waysit seems longer than a mere twelve months. I have beenaway from my family and friends a year – missingholidays and birthdays, weddings and births along theway - and that seems interminably long. But at times, itseems like I just arrived – like when I try to navigate theincomprehensible bus system here and still feel like anovice. There are still times that I have to pinch myselfthat I am here – when I hear the call to prayer wafting inharmony from the Muslim mosques surrounding myapartment or when an Albanian woman in her head scarfchats with me in her native tongue as I wander the stallsat our local bazaar. All that is Macedonia – the mix ofcultures and languages, the mountains and valleys, theaged and the modern, the Eastern Bloc heritageconfronting the inevitable march towards the West –seems so much a part of my “normality” now. I catchmyself sometimes: here, when I talk about home, I amnow referring to Gostivar and Macedonia.

And yet this home is an achingly temporary one.So what will happen when I return to America nextyear? Will I be able to pick up my legal careerseamlessly again – or will I head off in some other newand unexpected direction? It is difficult to say – I cannoteven see my post-Peace Corps life on the horizon. All Ican tell you is that, here and at this moment, I am indeedliving the adventure of my life. And I am glad I didn’tput it off any longer. Sometimes those crazy decisionsthat we make, that even those we love and respectcannot understand, are the best decisions in our lives.And the Peace Corps is definitely one, if not the mostimportant, of those decisions for me.

Boardroom to the Balkinscontinued from page 18Ulka Patel is a law fellow with the University of Maryland

Center for Health and Homeland Security.

Michelle Stanfield is an associate at Robinson Woolson,P.A., in Baltimore, MD, with focus on asbestos exposurecases.

Vanessa Stiffler-Claus is Legislative Counsel, CH2MHILL, in Washington, DC.

2006Andrea Curatola has been accepted to the Honors LawGraduate Program at the U.S. Nuclear RegulatoryCommission in Rockville, MD.

Karlene Fischer is an associate with Ryley Carlock andApplewhite in Phoenix, AZ.

Mindy Goldstein is an associate with Kilpatrick Stocktonin Atlanta, GA. She is practicing in the real estate section.

Natalie Havlina is a law clerk for the Honorable Fred VanSickle, U.S District, Eastern District of Washington.

Candace Howard is a Presidential Management Fellow forthe Social Security Administration in Baltimore, MD.

Jee Kim is Program Analyst for the U. S. EPA Office ofInspector General/Office of Program Evaluations -Hazardous Waste Issues in Washington, DC.

Anne Merwin is Planning and Policy Manager for thePotomac Conservancy in Silver Spring, MD.

Amy Roth is a law clerk for the Honorable ThomasStansfield of the Carroll County Circuit Court.

Matt Shudtz is a policy analyst for the Center forProgressive Reform in Washington, DC.

Briena Strippoli has a clerkship with the Honorable KayeAllison of the Circuit Court of Baltimore City.

Ali Tysor is a legal fellow with the Environmental DefenseCenter in Santa Barbara, CA.

Katherine Wainwright has a clerkship with the HonorableJames Eyler on the Maryland Court of Special Appeals.

Erica Zilioli is a law clerk for the Honorable RichardBennett of the U.S. District Court for the District ofMaryland in Baltimore.


FACULTY ACTIVITIES

Environmental Regulation: Law, Science and Policy(5th ed. Aspen Publishers 2006) (with Schroeder, Miller andLeape).

Environmental Law: Statutory and Case Supplement2006-2007 Edition (Aspen Publishers 2006) (withSchroeder).

“Who Is Afraid of the Precautionary Principle?” 23Pace Environmental Law Review 801 (2006).

Percival, Forum: Is Chinese Environmental Law Upto the Task? 22 The Environmental Forum, September/October, 2005, at 44.

Percival, Environmental Law in the Supreme Court:Highlights from the Blackmun Papers, 35 Env. L. Rep.10637 (2005).

Percival and Schroeder, Environmental Law:Statutory and Case Supplement with Internet Guide2005-2006 (Aspen Publishers 2005).

Percival, Resolución de Conflictos Ambientales:Lecciones Aprendidas de la Historia de laContaminación de las Fundiciones de Minerales, inPrevenciün y Soluciün de Conflictos Ambientales: VßasAdministrativas, Jurisdiccionales y Alternativas 399(Lexis Nexis 2004).

“Federal Environmental Law,” National Workshopfor District Judges, Federal Judicial Center, San Diego,California, June 21, 2006.

“Environmental Law in the Supreme Court,” TheFederal Seminar 2006, Supreme Court of the U.S.,Washington, D.C., April 19, 2006.

“Making Movies in the Classroom,” Conferenceon the Impact of Film on Law, Lawyers and Society,University of Maryland School of Law, Baltimore,Maryland, March 31, 2006.

“New Directions in Environmental Law,” VirginiaEnvironmental Law Journal 25th Anniversary Celebration,University of Virginia School of Law, Charlottesville,Virginia, March 29, 2006.

“Can the Common Law Protect the GlobalCommons?,” Institute for Policy Research andEnvironmental Law Society, Boalt Hall School of Law,Berkeley, California, March 22, 2006.

“The Roots of Justice: Reflections on its 25thAnniversary,” American Legal History Seminar, BoaltHall School of Law, Berkeley, California, March 21, 2006.

“Wetlands Regulation: What Are the Limitationsof the Commerce Clause?” Federalist Society,Washington, D.C. Lawyers Conference on EndangeredSpecies Act Reform and Wetlands Regulation, NationalPress Club, Washington, D.C., February 16, 2006.

“Preventing and Responding to EnvironmentalEmergencies,” China Council for InternationalCooperation on Environment and Development,Environmental Governance Task Force, Beijing, China,December 20, 2005.

“Becoming Justice Blackmun,” University ofMaryland School of Law, Baltimore, Maryland, December1, 2005.

“Regulation of Hazardous and Toxic Wastes inthe United States,” International Forum on EnvironmentalLegislation and Sustainable Development sponsored by theEnvironment and Resources Conservation Committee ofthe National People’s Congress, Beijing, China, November21, 2005.

“Risk Regulation, Globalization and thePrecautionary Principle,” Bloomberg School of PublicHealth, Johns Hopkins University, Baltimore, Maryland,November 16, 2005.

“Managing Environmental Conflicts: Preventionand Solutions,” Environmental Speaker Series, MichiganState University College of Law, East Lansing, Michigan,November 10, 2005.

“Environmental Law in the Supreme Court:Highlights from the Blackmun Papers,” EnvironmentalLaw Institute, President’s Council Luncheon, Washington,D.C., October 19, 2005.

PUBLICATIONS

PRESENTATIONS

Professor Robert Percival



“First Monday in October: Examining the SupremeCourt’s Environmental Docket,” Environmental LawInstitute Associates Seminar, Washington, D.C. October 5,2005.

“Law, Society and the Environment,” Conferenceand Festschrift in Honor of Lawrence Friedman, StanfordLaw School, Stanford, California, October 1, 2005.

“Who’s Afraid of the Precautionary Principle?,”Georgetown Environmental Research Workshop,Georgetown University Law Center, Washington, D.C.,September 19, 2005.

“Federal Power to Preserve Biodiversity: A Cross-National Comparison,” IUCN Academy of EnvironmentalLaw Colloquium, Macquarie University School of Law,Sydney, Australia, July 15, 2005.

“A Court in Transition: Tracing the Roots of theRehnquist Court through the Papers of Justice Blackmun,”Widener University School of Law, Wilmington, Delaware,April 27, 2005.

“The State of Environmental Law in the Twenty-First Century,” Inaugural Robert F. Stanton DistinguishedProfessorship Lecture, University of Maryland School ofLaw, April 21, 2005.

“Environmental Law in the Twenty-First Century,”Seminar on Environmental Law and Governance, Universityof Nanjing Center for Environmental Management andPolicy, Nanjing, China, March 11, 2005.

“The Influence of NGOs on the Development ofU.S. Environmental Law,” Shanghai Jaio Tong UniversitySchool of Law, Shanghai, China, March 7, 2005.

“Standards of Proof, Scientific Uncertainty and thePrecautionary Principle,” Symposium on “The Judiciary andEnvironmental Law,” New York State Judicial Institute,Pace University School of Law, White Plains, New York,December 7, 2004.

“Managing Environmental Conflicts: Lessons fromthe History of Smelter Pollution,” Conference on“Prevention and Solution of Environmental Conflicts,”University of Chile School of Law, Santiago, Chile,December 1, 2004.

“Environmental Law in the Supreme Court:Highlights from the Blackmun Papers,” University ofMaryland School of Law Faculty Forum, November 3, 2004.

“Mining Wastes: Historical Perspective and ExistingRegulatory Framework,” Committee on Mine Placement ofCoal Combustion Wastes, National Research Council,National Academy of Sciences, Washington, D.C., October27, 2004.

NEW BOOKS BYPROFESSOR RENA STEINZOR

Percival (continued)

Professor Rena Steinzor

PUBLICATIONS

MOTHER EARTH AND UNCLE SAM: HOW POLLUTION AND

HOLLOW GOVERNMENT HURT OUR KIDS (University ofTexas Press, forthcoming Fall/Winter 2007).

RESCUING SCIENCE FROM POLITICS: REGULATION AND THE

DISTORTION OF SCIENTIFIC RESEARCH (with WendyWagner) (Cambridge University Press, 2006).

The Legacy of John Graham: Strait-JacketingRisk Assessment, RISK POLICY ALERT, May 23, 2006.

THE NEW PROGRESSIVE AGENDA FOR PROTECTING

PUBLIC HEALTH AND THE ENVIRONMENT (withChristopher Schroeder) (Carolina Academic Press,2004).

PRESENTATIONS

“E-Rulemaking in the 21st Century,” roundtableparticipant, U.S. House of Representatives JudiciaryCommittee, Washington, DC (December 5, 2005).

“Scientific Integrity in Regulation,” AnnualConference, American Public Health Association,Washington, DC (November 7, 2004)