From ERyan at law.fsu.edu Fri Oct 2 15:49:57 2020 From: ERyan at law.fsu.edu (Erin Ryan) Date: Fri, 2 Oct 2020 19:49:57 +0000 Subject: [Law-envtlfsufaculty] Newsletter: Environmental, Energy, and Land Use Law at FSU Message-ID: [Florida State University] Program on Environmental, Energy & Land Use Law October 2, 2020 A Message from the Associate Dean for Environmental Programs [Associate Dean Erin Ryan] Associate Dean Erin Ryan Greetings from Florida State University, where we are watching the floodwaters from Hurricane Sally recede while thinking of our friends on the frontlines of the catastrophic wildfires in the west. The force of extreme weather events seem to gain strength each year, sharpening our focus on the importance of environmental law and policy, in both mitigating and adapting to climate-related harms. At the same time, we remain focused on the ongoing challenges relating to the COVID-19 pandemic, global economic hardship, and racial justice. These are daunting times, but I draw deep inspiration from the dedication of our students as they approach the demands of leadership and stewardship in this new era. Please read on for some highlights about their experiences here at FSU, as well as those of our environmental, energy, and land use alumni and faculty. As always, we hope this newsletter finds you well and looking forward. -ER Program Lecture: The Longest Oil Spill in History [https://d31hzlhk6di2h5.cloudfront.net/20201002/40/47/9d/24/5db792a7058f87f4e50c13c9_1080x606.jpg] Monday September 28 - 12:30-1:30 PM via Zoom Ian R. MacDonald, Ph.D., Professor of Oceanography in the Department of Earth Ocean and Atmospheric Science at Florida State University Watch Here Program Lecture: Standing for Climate Change: Lessons from Juliana vs. United States [https://d31hzlhk6di2h5.cloudfront.net/20201002/da/de/7f/3d/ea91477b7b8043db0333e255_1080x606.jpg] Thursday October 8 - 12:30-1:30 PM via Zoom Richard Murphy, AT&T Professor of Law, Texas Tech University Register Here Fall 2020 Distinguished Lecturer: Lee Fennell - Visibility and Indivisibility in Resource Arrangements [https://d31hzlhk6di2h5.cloudfront.net/20201002/5f/58/07/2e/a198fcf04b6957353c5041af_1072x600.jpg] Wednesday, October 21 - 3:30-4:30 PM via Zoom Lee Fennell, Max Pam Professor of Law, University of Chicago Law School Register Here Alumni Highlight [Mallory Umbehagen] 2020 alumna Ashley Englund was recently awarded the 2020 Law Student Achievement Award from The Florida Bar Animal Law Section. Congratulations, Ashley! Student Spotlight [Mallory Umbehagen] President of the FSU Animal Legal Defense Fund, Catherine Awasthi, recently co-authored an article with alum Ralph DeMeo (?85) that was published in the September/October issue of The Florida Bar Journal entitled The Fading Color of Coral: Anthropogenic Threats to Our Native Reefs. [Mallory Umbehagen] Vice President of the FSU Animal Legal Defense Fund Mallory Umbehagen was selected for a clerkship with National ALDF for this fall. ?Getting the opportunity to advocate for animals through our country?s legal system is genuinely a dream come true.? Faculty Publications [https://d31hzlhk6di2h5.cloudfront.net/20201002/ec/68/eb/c5/96f49c53d3c5ce33ebc49a3f_430x284.png] Shi-Ling Hsu, D?Alemberte Professor Anti-Science Politics, 75 U. MIAMI. L. REV. __ (2021) (symposium). Prices Versus Quantities, in POLICY INSTRUMENTS IN ENVIRONMENTAL LAW (Richards, K.R. & J. van Zeben, eds., 2020). Climate Triage: A Resources Trust to Address Inequality in a Climate-changed World, 50 ENVTL. L. 97 (2020). Natural Gas Infrastrictire: Locking in Emissions? 34 NAT. RES. & ENVTL. 3 (2020) (with Sam Kalen). OCEAN AND COASTAL RESOURCE LAW (Wolters Kluwer, 2019) (with Josh Eagle). [https://d31hzlhk6di2h5.cloudfront.net/20201002/0d/7a/3f/45/5cf677efd0e18359f91c70bf_430x284.png] Erin Ryan, Elizabeth C. & Clyde W. Atkinson Professor A Short History of the Public Trust Doctrine and its Intersection with Private Water Law, 39 VIRGINIA ENVTL. L.J. __ (2020). Rationing the Constitution vs. Negotiating It: Coan, Mud, and Crystals in the Context of Dual Sovereignty, 2020 WISC. L. REV. 165 (2020). Federalism as Legal Pluralism, in THE OXFORD HANDBOOK ON LEGAL PLURALISM (Paul Berman, ed., 2020). The Twin Environmental Law Problems of Preemption and Political Scale, in ENVIRONMENTAL LAW, DISRUPTED (Keith Hirokawa & Jessica Owley, eds., forthcoming 2020). From Mono Lake to the Atmospheric Trust: Navigating the Public and Private Interests in Public Trust Resource Commons, 10 GEO. WASH. J. ENERGY & ENVTL. L. 39 (2019). [https://d31hzlhk6di2h5.cloudfront.net/20201002/d4/99/24/67/4b250865473ad7f607d23694_430x286.png] Mark Seidenfeld, Patricia A. Dore Professor of Administrative Law The Limits of Deliberation about the Public?s Values: Reviewing Blake Emerson, The Public?s Law: Origins and Architecture of Progressive Democracy, 199 MICH. L. REV. __ (2020) (Book Review). Textualism?s Theoretical Bankruptcy and Its Implications for Statutory Interpretation, 100 B.U. L. REV. __ (2020). The Bounds of Congress?s Spending Power, 61 ARIZ. L. REV. 1 (2019). A Process Based Approach to Presidential Exit, 67 DUKE L.J. 1775 (2018) (invited comment for symposium on ?Regulatory Exit?). The Long Shadow of Judicial Review, 32 J. LAND USE & ENV. L. 579 (2017) (invited paper for Symposium on ?Environmental Law without Courts?). [https://d31hzlhk6di2h5.cloudfront.net/20201002/ac/13/8a/10/981c68403a237536e4dd8a7e_430x286.png] Sarah Swan, Assistant Professor Running Interference: Local Government, Tortious Interference with Contractual Relations, and the Constitutional Right to Petition, 36 J. LAND USE & ENVTL. L. __ (forthcoming 2021). Exclusion Diffusion, 70 EMORY L.J. __ (forthcoming 2021). Preempting Plaintiff Cities, 45 FORD. URB. L. J. 1241 (2019). Plaintiff Cities, 71 VAND. L. Rev. 1227 (2018). Home Rules, 64 DUKE L. J. 823 (2015). [https://d31hzlhk6di2h5.cloudfront.net/20201002/23/49/b4/b0/8edd457928b8fe8f2dfe21d5_430x286.png] Donald J. Weidner, Dean Emeritus and Alumni Centennial Professor Don Weidner, dean emeritus at the law school and business law expert, offers program-related courses in real estate law and alternative dispute resolution. In 2019, he completed an eight-year term of service representing Florida on the National Conference of Commissioners on Uniform State Laws, a gubernatorial appointment with Senate confirmation. He also served as a legislative liaison to the Conference. His most recent published works include: The Revised Uniform Partnership Act (Thomson Reuters 2019) (with Robert W. Hillman and Allan G. Donn). LLC Default Rules Are Hazardous to Member Liquidity, (forthcoming in THE BUSINESS LAWYER). Dissatisfied Members in Florida LLCs: Remedies, 18 FLA. ST. U. BUS. REV. 1 (2019). New FASB Rules on Accounting for Leases: A Sarbanes-Oxley Promise Delivered, 72 BUS. LAWYER 367 (2017); and Leaving Law Firms with Client Fees: Florida?s Path, 91-10 FLA. B. J. 9 (2017). Dean Weidner was also honored as 2019 the recipient of the campus-wide Dr. Martin Luther King, Jr. Distinguished Service Award at Florida State University. Upcoming Events Program Lecture: Standing for Climate Change: Lessons from Juliana vs. United States Thursday, October 8, 2020 | 12:30 - 1:30 PM via Zoom Richard Murphy, AT&T Professor of Law, Texas Tech University Register here. Fall 2020 Distinguished Lecture Program: Visibility and Indivisibility in Resource Arrangements Wednesday, October 21, 2020 | 3:30 PM ? 4:30 PM via Zoom Lee Fennell, Max Pam Professor of Law, University of Chicago Law School Register here. Program Lecture: Conservation of Sea Turtles in a Changing World Tuesday, November 3, 2020 | 12:30 - 1:30 PM via Zoom Mariana Fuentes, Assistant Professor, Department of Earth, Ocean, and Atmospheric Science, Florida State University Register here. Energy Law Panel 2021: Rooftop Solar Issues in Florida Wednesday, January 27, 2021 | 1:30 - 4:30 PM - TBD Moderated by Robert Schef Wright ('92), Shareholder at Gardner Bist Program Lecture Wednesday, February 10, 2021 | 12:30 - 1:30 PM via Zoom David Zierden, State Climatologist, Florida State University Spring 2021 Distinguished Lecture Program Wednesday, February 24, 2021 | 3:30 PM ? 4:30 PM via Zoom Sheila Foster, Scott K. Ginsburg Professor of Urban Law and Policy, Georgetown Law [Twitter] [Facebook] [Instagram] [LinkedIn] [YouTube] ABOUT US | ACADEMICS | ADMISSIONS & FINANCIAL AID | OUR FACULTY | ALUMNI | CAREERS | STUDENTS -------------- next part -------------- An HTML attachment was scrubbed... URL: From ERyan at law.fsu.edu Tue Oct 13 12:09:44 2020 From: ERyan at law.fsu.edu (Erin Ryan) Date: Tue, 13 Oct 2020 16:09:44 +0000 Subject: [Law-envtlfsufaculty] Wed. 10/21: U. of Chicago Prof. Lee Fennel on Indivisible Resources In-Reply-To: References: Message-ID: [cid:image003.png at 01D6A159.BABBA7F0] FSU Fall 2020 Distinguished Lecture: Lee Anne Fennell The FSU Program on Environmental, Energy, and Land Use Law is proud to welcome our Fall 2020 Distinguished Lecturer: Lee Fennell, the Max Pam Professor of Law at the University of Chicago. Her lecture, Visibility and Indivisibility in Resource Arrangements, will take place next week on Wednesday, October 21, from 3:30 - 4:30 pm over Zoom. The lecture is free and open to the public, and CLE credit will be available. Please register for the Lecture in advance using this link: https://fsu.zoom.us/meeting/register/tJwtdeyrpj8iH9Ar66OR1MJpzfws-wpKw1Ic. For more information about CLE credit, please contact Whitney Borkowski at wborkowski at law.fsu.edu. [Lee Fennell]Professor Fennell specializes in property, land use, and housing law, as well as state and local government law, torts, social welfare law, and public finance. She is the author of The Unbounded Home: Property Values Beyond Property Lines (Yale University Press 2009) and Slices and Lumps: Division and Aggregation in Law and Life (University of Chicago Press, 2019), as well as many articles and essays. Before joining the University of Chicago Law faculty in 2007, Professor Fennel taught at the University of Texas and the University of Illinois, and she has also held visiting positions at Yale Law School, NYU School of Law, and the University of Virginia School of Law. She received her JD magna cum laude from Georgetown University Law Center in 1990. Before teaching law, she was a Bigelow Teaching Fellow at the University of Chicago and practiced at Pettit & Martin, the State and Local Legal Center, and the Virginia School Boards Association. Visibility and Indivisibility in Resource Arrangements sheds light on dilemmas in which a valued resource only retains value if it is left undivided: Projects like highways, bridges, pipelines, and wildlife corridors exhibit indivisibilities-we need the whole thing to have anything of value. Many environmental and social goals have a similar all-or-nothing character: staying above or below a certain critical threshold can make all the difference. This talk focuses on the role of visibility in addressing resource dilemmas that have this all-or-nothing structure. I examine how two visibility-enhancing factors can help avoid catastrophic consequences and pursue desirable ones. The first involves recognizing when an indivisibility is present-that is, appreciating the vulnerability of resources to thresholds and cliff effects before it is too late. The second involves seeing how individual decisions about resources stack together to generate outcomes, which can enable people to identify and pursue focal solutions. When a resource problem suffers from poor visibility-its shape is ill-defined and contributions to addressing it are not well segmented-finding ways to clear the view can improve the prospects for cooperative solutions. Please join us on Wednesday, October 21, at 3:30 to welcome her to FSU! _________________________________________ Erin Ryan Elizabeth C. & Clyde W. Atkinson Professor Associate Dean for Environmental Programs Vice Chair, FSU Faculty Senate Florida State University, College of Law 425 West Jefferson Street Tallahassee, FL 32306 (850) 645-0072 eryan at fsu.edu http://www.law.fsu.edu/our-faculty/profiles/ryan View my research at: http://ssrn.com/author=391494 http://works.bepress.com/erin_ryan/ -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.jpg Type: image/jpeg Size: 13782 bytes Desc: image001.jpg URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image003.png Type: image/png Size: 165157 bytes Desc: image003.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image004.jpg Type: image/jpeg Size: 4800 bytes Desc: image004.jpg URL: