Staying Afloat

Adapting to Climate Change on the Gulf and Beyond

Staying Afloat
Adapting to Climate Change on the Gulf and Beyond

Welcome to New Orleans and the 2010 National Association of Environmental Law Societies (NAELS) Annual Conference! It is a great pleasure for Loyola University New Orleans College of Law to host this year’s conference - Staying Afloat: Adapting to Climate Change on the Gulf and Beyond.
The theme of the conference has both a figurative and literal approach for New Orleans and coastal communities across the globe. Climate change presents an assortment of foreseeable and unforseeable risks with wide ranging implications. It is important we begin to recognize risks, evaluate trends, and adjust our actions accordingly. While we still maintain the fight to prevent the worst potential climate change catatstrophes, we must plan for those changes we cannot prevent, the changes we must adapt to. New Orleans is no stranger to the consequences of inaction. The devestating aftermath of Hurricane Katrina in New Orleans dramatically illustrated the failure of government to recognize risks and craft effective and proactive environmental policy. However, as the fifth anniversary of Katrina approaches, we report buoyant news from New Orleans. For the first time in the City’s history, New Orleans has adopted a comprehensive master plan that specifically recommends that the City account for climate change and anticipated global sea level rise to meet new community standards for resilience and sustainability. Climate adaptation policies are taking shape across the nation as communities begin to recognize their own vulnerabilities and the risks posed by climate hazards. Just last October, in Comer v. Murphy Oil, a three judge panel of the U.S Fifth Circuit reversed a District Court dismissal of nuisance claims related to damage from Hurricane Katrina, and allowed plaintiffs to “rely on allegations of a causal link between greenhouse gas emissions, global warming, and the destruction of the plaintiffs’ property by rising sea levels and the added ferocity of Hurricane Katrina.” With all of the exciting legal developments surrounding climate change, NAELS felt it was particularly important to highlight the often disproportionate adverse effects on environmental justice communities. We hope this focus will stimulate continued interest in the social justice movement. Helping marginalized communities adapt to climate change by increasing awareness can create safer, more equitable, and sustainable places for all of us. We would like to thank the faculty and administration of Loyola University New Orleans and the College of Law for their generosity and support. We would also like to thank our keynote speakers and distinguished panelists for joining us in this important discussion. Finally, we extend a special welcome to member groups of the National Association of Environmental Law Societies (NAELS). As we say in New Orleans, Laissez Les Bon Temps Rouler! Page 3

NALES 2010 Planning Committee
Brian Bromberger- Dean, Loyola College of Law Robert Verchick- Faculty Advisor (on leave) Samuel Steinmetz- Assistant Director, Loyola Center for Envt’l Law and Land Use Dan Worth- Executive Director, National Association of Environmental Law Societies Sarah Johnson- President, Loyola Environmental Law Society Whitford Remer- Chair, 2010 NAELS Bailey DeRouen - Co-Chair, 2010 NAELS Tara Myers- Co-Chair, 2010 NAELS Caitlin Byars- Lodging and Transportation Lindsey Crow- Student Outreach Lydia Fakes- Couch Surfing Coordinator Megan Hudson-Volunteer Coordinator Rene Merino- Conference Historian Tara Mikhail- Communications Joseph Moore- Site Operations Ron Ramirez- Treasurer Abraham Sandel- Program Designer Michael Schachtmanm- Food and Entertainment Page 2 Trotter- Marketing and Outreach Kate

Key Note Speakers
John M. Barry is a prize-winning and New York Times bestselling author whose books have won more than twenty awards. In 2006 the National Academies invited him to give its annual Abel Wolman Distinguished Lecture on Water Resources . He is the only nonscientist ever to give that lecture. In 1998 Rising Tide: The Great Mississippi Flood of 1927 and How It Changed America, won the Francis Parkman Prize of the Society of American Historians for the year’s best book of American history. Mr. Barry currently serves on the Southeast Louisiana Flood Protection Authority East & Coastal Protection and Restoration Authority for Louisiana. Mr. Barry will present on the unique topic of floodplain management, and how low lying and deltaic communities must respond and adapt to climate change.

Richard Louv is an author and journalist focused on nature, family and community. His most recent book, Last Child in the Woods: Saving Our Children From Nature-Deficit Disorder, has stimulated an international conversation about the future relationship between children and nature, and has helped spawn a movement that is now moving into the international sphere. Richard has written for The New York Times, The Washington Post, and many other newspapers and magazines. In 2008, he was awarded the Audubon Medal by the National Audubon Society. Mr. Louv is also the Chairman and Co-Founder of the Children and Nature Network. Important to 2010 NAELS is the role children and diet will play in how communities and land use practices respond and adapt to climate change.

F. Gerald Maples is the founder and senior attorney in the New
Orleans based law firm, F. Gerald Maples, P.A. He has over thirty years experience in toxic disease and environmental contamination cases and has represented over twenty thousand industrial disease victims as well as property owners who have suffered the effects of environmental pollution. In the aftermath of Hurricane Katrina the firm filed two uniquely important cases. One case, St. Bernard Parish Government vs. USA, involves the taking of property rights by the United States Government due to the man-made destruction of Louisiana wetlands by the United States Army Corp of Engineers. The other case, Comer vs. Murphy Oil, et al. is a decision by the Fifth Circuit Court of Appeals that establishes the fundamental jurisdictional, standing, and redressability requirements that form the basis of climate change litigation. In recognition of the victims of Hurricane Katrina, and the countless future victims of man-made global warming, Mr. Maples has established a non-profit organization designed to bring help to climate change victims called Footnote18.

Michael Gerrard is the Professor of Professional Practice
and Director of the Center for Climate Change Law at Columbia Law School. Until late 2008, he headed the New York office of Arnold & Porter LLP and its environmental practice, and he is currently Senior Counsel to the firm. He has practiced environmental law in New York since 1979. He was the 2004-2005 chair of the American Bar Association’s 10,000-member Section of Environment, Energy, and Resources, and authored Global Climate Change and U.S. Law. Legal Media Group’s Guide to the World’s Leading Environment Lawyers, based on 4,000 questionnaires, reported that Mr. Gerrard “received more personal nominations for this guide than any other lawyer in the world.” We are excited to feature one of the foremost climate change lawyers to join us for the conference.

Dr. Beverly Wright is a professor of Sociology and the foundAmory Lovins co-author of Natural Capitalism: Creating the Next Industrial Revolution, is the cofounder, Chairman, and Chief Sciening director of the Deep South Center for Environmental Justice (DSCEJ). For more than a decade, Dr. Wright has been a leading scholar, advocate, and activist in the environmental justice arena. In October of 2009, Dr. Wright received a Heinz Family Foundation award for her work in environmental justice. She has created a unique center formerly at Xavier University currently at Dillard University in New Orleans, Louisiana. The DSCEJ is one of the few community/university partnerships that addresses environmental and health inequities in the Lower Mississippi River Industrial Corridor, the area commonly referred to as Cancer Alley. Dr. Wright will present on how environmental justice communities are affected by climate change.

tist at the Rocky Mountain Institute in Snowmass, Colorado. Published in 29 books and hundreds of papers, he advises governments and major firms worldwide on advanced energy and resource efficiency, and has led the technical redesign of more than $30 billion worth of facilities in 29 sectors to achieve very large energy savings at typically lower capital cost. Mr. Lovins presentation at 2010 NAELS will focus on how major industries can use new and innovative technology to increase efficiency and curb overall green house gas emissions.

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Environmental Justice Plenary: No Place Like Home: Environmental Justice on the Front Lines of Climate Change The IPCC reports that low-income and minority populations are the most susceptible to climate change. Explore how reduced winter icepack threatens native Alaskan Inuit tribes, how hurricanes and sea level rise are forcing the coastal Louisiana Houma Indian tribe to consider relocating to higher ground, and the human health impacts of heavy industry in southern Louisiana.
Victor B. Flatt- University of North Carolina at Chapel Hill School of Law Monique Harden- Co-Director & Attorney, Advocates for Envt’l Human Rights Brenda Dardar Robichaux- Principal Chief, United Houma Nation Joel Waltzer - Attorney, Waltzer and Associates Moderator: Joel Devalcourt, President, University of New Orleans Action Coalition for Racial, Social, and Environmental Justice

Panels

Tim Duggan- Landscape Architect, Make It Right Foundation Denise J. Reed- Professor and Interim Director, Pontchartrain Institute for Environmental Sciences Stephen D. Villavaso- Planner, Villavaso and Associates

International Environmental Law: Copenhagen and BeyoND With the recent close of the Copenhagen Climate Summit, developed and developing nations failed to formalize a treaty that would address global climate change. This panel will look at international climate change law and analyze the framework that spawned this rapidly growing legal field, what exactly we can take away from Copenhagen, and what the future holds in terms of a global climate treaty.
Markus G. Puder- Associate Professor, Loyola University New Orleans, College of Law Durwood J. Zaelke- President, Institute for Governance and Sustainable Development Moderator: James Patrick Schuster, Loyola International Law Society

Staying Afloat: Adapting to Climate Change oN the Gulf and Beyond Our featured panel, Staying Afloat, is an opportunity to explore critical topics related to climate change adaptation. This panel features some of the foremost thinkers of adaptation policy and planning. Panelists will survey current federal policy, agency rules, and provide commentary on specific public infrastructure projects.
Dr. Elizabeth English- Director, Buoyant Foundation Project and Associate Professor of Architecture, University of Waterloo James E. Neumann- Principal, Industrial Economics, Incorporated J.B. Ruhl- Professor of Law, Florida State University College of Law Moderator: Sarah Johnson, President, Loyola Environmental Law Society

Know What It Means to Be New Orleans: A Geographical, Historical, and CONTEMPORarY Examination of the Big Easy New Orleans has been described as an “unnatural metropolis.” Discover the unique, susceptible, but un-accidental location of the city. Panelists will explore the settlement, rebuilding, and future foot-print of one of America’s most beloved treasures. What risks does climate change pose to New Orleans, and what decisions can be made to adapt and protect the city?
Craig E. Colten- Professor, Louisiana State University Department of Anthropology Oliver A. Houck –Professor of Law, Tulane University Law School Sandy Rosenthal - Founder, Levees.org (invited) Moderator: Alexandra Giancarlo, Louisiana State University

Toward a Sustainable Future: Finding the Most Sustainable Approaches to Land Use Decision Making Understanding the interaction between people and land is critical to implementing effective environmental policy. With half of the world’s population now living in coastal cities, and more than half of citizens of the United States living in areas protected by levees, managing natural hazards is a key component to building safer communities. With more intense and frequent storms, recurring flooding, and sea level rise, a new look must be given to National Flood Insurance Program and practices undertaken by the Army Corps of Engineers, and other land use policies. Page 6

Energy and Economics: The Intersection of Wealth, Watts, and Weather Energy efficiency and production will provide opportunities for innovative engineering during the next century. With innovation comes cost savings, the shifting value of natural resources, market reaction, and the chance to tap into clean, new sources of energy.
Robert B. McKinstry, Jr.- Attorney, Ballard Spahr, LLP Mary Ellen Ternes- Attorney, McAfee & Taft Jeff Williams- Director of Climate Consulting, Entergy Corporation Moderator: Brad Driscoll, Loyola Tax Law Society

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Ecosystem services: the unexpected lagniappe In Louisiana, lagniappe means “a little something extra.” Historically, the people of Louisiana have lived off the wetlands and the valuable services they provide. Discover the immense value that wetlands play in storm surge reduction, aquatic industries, and the protection of valuable infrastructure.
J.B. Ruhl- Professor of Law, Florida State University College of Law Dr. Robert A. Thomas- Director, Loyola Center for Environmental Communication

We must rely on science to keep us safe. Science is translated into policy in the form of regulation. Current climate science tells us that greenhouse emissions are creating an unsafe environment for us to continue the status quo. How will the Environmental Protection Agency’s endangerment finding help mitigate greenhouse gases? What type of policies can help encourage us to build safer and more resilient communities?
Sidney A. Shapiro- Associate Dean for Research and Development, Wake Forest University School of Law Dr. Wilma Subra- Chief Chemist, Louisiana Environmental Action Network Michael J. Walker- Senior Enforcement Counsel for Administrative Litigation, U.S. EPA, Office of Enforcement and Compliance Assurance Moderator: Samuel Steinmetz, Assistant Director, Loyola Center for Environmental Law and Land Use

Environmental Justice Policy What can government agencies do to better protect environmental jusice communities? Examine the role of how land-use policy disproportionately affects these communities, and the long term consequences.
Dr. Earthea Nance- Assistant Professor, The University of New Orleans Department of Planning and Urban Studies Michael J. Walker- Senior Enforcement Counsel for Administrative Litigation, U.S. EPA, Office of Enforcement and Compliance Assurance Dr. Beth Willinger- Research Professor and Executive Director Emeriti, Newcomb Center for Research on Women, Tulane University Moderator: Anna Levin - President, Loyola Public Intrerst Law Group

Hard Choices in Southern Louisiana: Coastal subsidence and rising ocean waters Hurricanes Katrina and Rita turned 100 square miles of marsh into open water. Global warming exacerbates this trend - current projections are the loss of most of Southern Louisiana and New Orleans. Is coastal restoration the magic bullet? Do attempts to save New Orleans and other towns only hasten the destruction of the wetlands, while postponing the eventual deluge? Are environmentalists being blinded by social justice claims?
Dr. Ivor van Heerden-Center for the Study of Public Health Impacts of Hurricanes Edward P. Richards- Professor, Louisiana State University Law School Cynthia Sarthou- Executive Director, Gulf Restoration Network Moderator: Beaux Jones, Vice Pesident Louisiana State University Evnt’l Law Society

Trouble the Water: How Climate Change Affects the Hydrologic Cycle Whether by drowning or dehydration, one thing is for certain- climate change will dramatically affect the quality, quantity, and distribution of the world’s water supply. Locally, our wetlands and water supplies have been degraded by energy exploration and refining, cypress logging, wetlands development, and the likely prospect is that a changing climate will have even greater impacts. Climate change is predicted to reduce snowpack, increase flooding, intensify drought, and shift seasonal weather patterns. The effect of climate change on the water cycle could be the most severe and devastating consequence to people, ecosystems, crops, and communities.
Mark S. Davis - Director, Institute of Water Resources and Policy, Tulane University Randy Hill - Deputy Director, U.S. EPA, Office of Wastewater Management Ray Manning - President, Manning Architects Moderator: Allison Shipp - Chair, 15th Annual Tulane Summit on Environmental Law and Policy

Branching Out: Federalism, Constitutional Issues, and the Political Question Doctrine Go out on a limb and explore the lofty world of our court system and the difficult environmental cases it considers. From recent Supreme Court decisions- to those that can not be heard- panelists will discuss recent trends and important cases related to climate change and the environment.
Vicki Arroyo- Executive Director, Georgetown State and Federal Climate Resource Center, Georgetown Law James R. May- Associate Director, Widener Environmental Law Center Moderator: Quiniton Bell, President, American Constitution Society, Loyola College of Law

Regulation and Science: The Backbone of Effective Environmental Protection Page 8

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Schedule Thursday, March 4
9:00 a.m. Registration Opens Location: The Joseph A. Danna Student Center Loyola University New Orleans 6363 St. Charles Avenue, New Orleans, LA 70118. 10:00 a.m. Service trip departs Join 2010 NAELS to help restore the coast as we partner with Bayou Rebirth and the American Bar Association’s One Million Trees Project- Right Tree at the Right Place at the Right Time. Shuttle will depart from the horseshoe-parking circle located at the front of the main campus of Loyola University New Orleans 6363 St. Charles Avenue, New Orleans, LA 70118 Lunch will be provided. 4:30 p.m. Service Trip Returns 7:00 p.m. Pre-Screening Wine Reception Location: Loyola University New Orleans, College of Law, Room 405 526 Pine Street, New Orleans, LA 70118 7:30 p.m. Film Screening of “Tapped” “Tapped” examines the role of the bottled water industry and its effects on health, climate change, pollution and reliance on oil. The screening is jointly sponsored by the Tulane Environmental Law Society and is free and open to the public. Location: Loyola University New Orleans, College of Law, Room 405 526 Pine Street, New Orleans, LA 70118

Friday, March 5
8:00 a.m. Registration Opens Location: Joseph A. Danna Student Center, main campus Loyola University New Orleans 6363 St. Charles Avenue, New Orleans, LA 70118. 9:00 a.m. Opening Invocation Father Vien Nguyen, Pastor, Mary Queen of Vietnam Catholic Church Location: St. Charles Room, Joseph A. Danna Student Center 9:10 a.m. Breakfast Keynote: Dr. Beverly Wright, Executive Director, Deep South Center for Environmental Justice Introduction by Tiffany Tate- President, Loyola Black Law Student Association Location: St. Charles Room, Joseph A. Danna Student Center 10:15 a.m. Panel No Place Like Home: Environmental Justice on the Front Lines of Climate Change CLE Approved Location: Audubon Room, Joseph A. Danna Student Center 12:10 p.m. Lunch Keynote: John M. Barry, Author, Rising Tide: The Great Mississippi

Flood of 1927 and How It Changed America

Introduction by Mona Eubanks, President, Loyola Maritime Law Society Location: St. Charles Room, Joseph A. Danna Student Center 1:15 p.m. Panels A: Toward a Sustainable Future: Finding the Most Sustainable Approaches to Land Use Decision Making Location: Audubon Room, Joseph A. Danna Student Center B: International Law: Copenhagen and Beyond CLE Approved Location: Miller Hall, Room 114 2:30 p.m. Break 3:00 p.m. Panels A: Know What It Means to Be New Orleans: A Geographical, Historical, and Contemporary Examination of the Big Easy Location: Audubon Room, Joseph A.Danna Student Center

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B: Energy and Economics: The Intersection of Wealth, Watts, and Weather CLE Approved Location: St. Charles Room, Joseph A. Danna Student Center 4:30 p.m. Break 5:00 p.m. Cocktail/Jazz Reception Location: Entertainment Patio, Joseph A. Danna Student Center 6:15 p.m. Keynote: Richard Louv - Author, Last Child in the Woods: Saving our Children

9:30 a.m. Panel Staying Afloat: Adapting to Climate Change on the Gulf and Beyond CLE Approved Location: Audubon Room, Joseph A. Danna Student Center 10:45 a.m. Break 11:00 a.m. Panels A: Ecosystem Services: The Unexpected Lagniappe Location: Audubon Room, Joseph A. Danna Student Center B: Environmental Justice Policy - CLE Approved Location: St. Charles Room, Joseph A. Danna Student Center 12:30 p.m. Lunch Keynote: F. Gerald Maples - Founder, F. Gerald Maples, P.A. Introduction by Samuel Steinmetz, Assistant Director, Loyola Center for Environmental Law and Land Use Location: St. Charles Room, Joseph A. Danna Student Center 1:45 p.m. Panels A: Trouble the Water: How Climate Change Affects the Hydrologic Cycle CLE Approved Location:St. Charles Room, Joseph A. Danna Student Center B: Regulation and Science: The Backbone of Effective Environmental Protection - CLE Approved Location:St. Charles Room, Joseph A. Danna Student Center 3:00 p.m. Break 3:15 p.m. Panels A: Branching Out: Federalism, Constitutional Issues, and the Political Question Doctrine - CLE Approved Location: Audubon Room, Joseph A. Danna Student Center B: Man or the Environment: Hard Choices in Southern Louisiana Location: St. Charles Room, Joseph A. Danna Student Center 5:00 p.m. Dinner Keynote: Amory B. Lovins - Cofounder, Rocky Mountain Institute Introduction by Dan Worth, Executive Director, National Association of Environmental Law Societies Location: St. Charles Room, Joseph A. Danna Student Center

from Nature-Deficit Disorder

Introduction by Whitford Remer, Chair, 2010 National Association of Environmental Law Societies Conference Location: Nunemaker Auditorium, 3rd Floor, Monroe Hall 7:00 p.m. Closing Remarks

Saturday, March 6
8:00 a.m. Registration Opens Location: Joseph A. Danna Student Center, main campus Loyola University New Orleans 6363 St. Charles Avenue, New Orleans, LA 70118. 8:10 a.m. Opening Invocation Alison McCrary, Cabinet Director, Mission and Identity, Loyola College of Law Location: St. Charles Room, Joseph A. Danna Student Center 8:15 a.m. Welcoming Remarks James R. May, Law Student Outreach, American Bar Association, Section of Energy Environment and Resources Location: St. Charles Room, Joseph A. Danna Student Center 8:30 a.m. Breakfast Keynote: Michael B. Gerrard - Director, Center for Climate Change Law, Columbia Law School - CLE Approved Introduction by James May, Law Student Outreach, American Bar Association, Section of Energy Environment and Resources Location: St. Charles Room, Joseph A. Danna Student Center

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Sunday, March 7
10:00 a.m. Field Trip Meet at Loyola for a tour of the historic Lower 9th Ward, Make It Right, Global Green, and Andy Street Warf. Led by Darryl Malek-Wiley, Sierra Club Environmental Justice Organizer. Cosponsored by the Loyola National Lawyers Guild. Location: Field Trip Shuttle will depart from the horseshoe-parking circle located at the front of the main campus of Loyola University 6363 St. Charles Avenue, New Orleans, LA 70118. Lunch will be provided. 2:00 p.m. Field Trip Returns Conference adjourned. See y’all next year!

Loyola University New Orleans

Main Campus Map

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Arrow 1: Danna Student Center, Main Campus Arrow 2: Horseshoe-Parking Circle Arrow 3: Nunemaker Auditorium Monroe Hall
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The Environmental Law Society would like to the following for supporting the 2010 NAELS Conference: Dean Brian Bromberger and The Office of the Dean, Loyola College of Law

With additional support from:

A Friend of Loyola College of Law

Mark and Monica Suprenant

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