Recent Events

New faces, lively conversation, networking, prizes, and delicious food -- ELP’s 5th Annual Enviromentors was a memorable event! On October 9, 2009, twenty environmental law practitioners and twenty eager WSRSL students spent the evening at the “hip” Downtown Café, located in the Hawai`i State Art Museum. While enjoying the delicious food, practitioners and students participated in five-minute “speed meetings” designed to introduce students to the diverse ways to practice environmental law in Hawai`i and a range of possible mentors. The attorneys came from private firms, public interest organizations, government, consulting, and non-traditional areas as well. After the event, ELP matched the students with their preferred mentor, who will take them out to lunch and help guide them through the start of their career. ELP thanks the eager students and generous practitioners who participated; alumni hosts Malama Minn and Wayne Tanaka, and the staff of Downtown; and ELP research associates, especially Jamila Jarmon and Ha`aheo Kaho`ohalahala, who helped to make this successful event possible. For pictures and bios of the 2009 Enviromentors please click here.

ELP Professors Callies and Van Dyke Receive UH Regents' Awards for Excellence in Teaching and Research

ELP would like to congratulate ELP Professor David L. Callies, who was one of the thirteen University of Hawai`i faculty members selected as a 2009 recipient of the Regents' Medal for Excellence in Teaching. This award recognizes faculty who exhibit an extraordinary level of subject mastery and scholarship, teaching effectiveness and creativity, and personal values beneficial to students. Professor Callies is a preeminent scholar, teacher, and leader in the legal academy, and he is the author or co-author of 17 books, 75 articles, and numerous legal education publications, papers, and presentations. He is a demanding and uncompromisingly energetic teacher. He often talks about the fantastic potential UH law students have and helps them make the most of their experiences at the school. A colleague observed that while Callies may act like a curmudgeon at times, he is in fact caring, committed, and often very humorous. Congratulations Professor Callies!

ELP Professor John Van Dyke receives one of thirteen UH Regents' Awards for Excellence in Research.

The Environmental Law Program is proud to announce that the University of Hawai`i has selected ELP Professor Jon Van Dyke as one of three recipients of the Regents’ Medal for Excellence in Research. This award recognizes scholarly contributions from faculty members that expand the boundaries of knowledge and enrich the lives of all in the community, nation, and the world. Professor Van Dyke has created an extensive body of work of great value to his students and other researchers and scholars across many disciplines, as well as to the general public. Professor Van Dyke has written frequently on issues related to the rights of Native Hawaiians. His recent book Who Owns the Crown Lands of Hawai`i? culminates twelve years of research and analysis and is already being used as a teaching tool in university classes. Professor Van Dyke is also an impressive and prolific scholar of written works that span across a remarkable range of topics, including international ocean law, international environmental law, human rights law and constitutional law. Congratulations Professor Van Dyke!

The Environmental Law Program kicked off the new school year by holding informational sessions for the full-time and part-time law students. There was a great turnout for both sessions and each attendee received a copy of the 2009 Hawaii Environmental Careers Directory. Professor Denise Antolini, Director of the Environmental Law Program, welcomed the enthusiastic students and explained ELP's program. Professor Casey Jarman and Professor Kapua Sproat also described their roles in ELP and the classes they teach at the law school.

A number of students spoke about their exciting experiences through ELP, including their summer jobs. Leslie Cole-Brooks (3L), Melissa Farris (3L), Noah Gibson (3L), and Stewart Yerton (2L) are among the students who talked about the summer grants they received through ELP.

The Fourth Inha University Law of the Sea Institute Conference on the Law of the Sea and Ocean Policy is held at UH Manoa

Attendees of the Conference on the Law of the Sea and Ocean Policy, held August 26-29, 2009 at the East-West Center at UH Manoa.

Under the direction of ELP Professor Jon Van Dyke, the Fourth Inha University Law of the Sea Institute Conference on the Law of the Sea and Ocean Policy held on August 26-29, 2009 at the East-West Center was a chance for an international meeting of the minds in this important field of environmental law. Over 20 Richardson law students attended the conference and participated in a law school “short course” focusing on Law of the Sea. The theme of the conference was a tribute to the jurisprudence of the late Judge Choon-Ho Park, from Korea, who was a sitting judge on the International Tribunal for the Law of the Sea for 12 years. The conference attendees heard from a variety of distinguished guest speakers, including Ronald Moon (Chief Justice of the Hawai`i Supreme Court), Seoung-Yong Hong (retired President of Inha University), Judge Jose Luis Jesus (President of the International Tribunal for the Law of the Sea), and Frank Boas (retired International Attorney and a representative for the United States at the first United Nations Convention on the Law of the Sea).

Over the four days of the conference, many influential and notable scholars in the international law of the sea field gave presentations on a diversity of topics, including continental shelf claims, fishery management, maritime security and navigation freedoms, territorial claims, marine national monuments, and the rights of indigenous peoples to ocean resources. Many attendees have long played a leading role in LOS developments, including leaders such as Satya Nandan (Fiji), who represented the developing world at the Third UN Convention of the Law of the Sea, and Hasjim Djalal (Indonesia), who was a candid spokesperson for the developing world at the same convention. Joining Judge Jesus from the International Tribunal for the Law of the Sea were two more sitting judges, Judge Gao Zhiguo (China) and Jin-Hyun Paik (Korea). The Richardson law students not only had a unique opportunity to learn from these leading international scholars but also from their own professors of law and leaders in Hawai`i. In attendance as speakers, commentators, and panel chairs from the law school were Professors Denise Antolini, Williamson Chang, Casey Jarman, Melody MacKenzie, and Kapua Sproat. This unique conference on the Law of the Sea created a wonderful opportunity for students and scholars to participate in an international exchange of ideas. The next Conference on the Law of the Sea will be held in Hamburg, Germany, the home of the International Tribunal for the Law of the Sea.

Elizabeth Kor, Class of 2010, stated about the conference, "If I did not attend the Law of the Sea conference, I probably never would have had the opportunity to meet the foreign experts and dignitaries from that I did. How many people here can say that they've had dinner with J. Jesus?"

Student attendees enjoying the conference (from L-R): Rebekah McKeldin, Kau`i Yamane, Jamila Jarmon, Ha`aheo Kaho`ohalahala, and Amy Brinker.

For the first time, a course on Animal law was taught at the William S. Richardson School of Law by animal law practitioner and advocate, Professor Emily Gardner. The focus of the summer course was to provide students with a general overview of animal law and the different legal issues and areas most typically encountered by animal law practitioners. The practice of animal law involves treaty, statutory and decisional law in which the nature of animals - including their legal status, behavior or biology - plays an important role. Animal law draws on several different areas of the law including property, contract, tort, constitutional, criminal, family and estate planning law as well as government regulation at the international, federal, state and municipal levels."Animal Law went marvelously. The students were all engaged and seemed to enjoy the subject matter, particularly when we were able to relate what we were learning in the classroom to current events, in Hawaii and elsewhere." - Professor Emily Gardner

"Voiceless animals who suffer terrible wrongs on a daily basis, either at the hands of human beings or due to habitat destruction, need attorneys to secure their rights and speak out for them. Animal law has taught me how to navigate the different areas of law in order to one day maximize the legal rights that these beautiful creatures deserve." - Robyn Ha (2L)

Professor Jackie GardinaTeaches a Summer Course on Environmental Obligations in Bankruptcy

The Environmental Obligations in Bankruptcy Law summer course sought to explore the interface of environmental laws and federal bankruptcy statutes. Professor Jackie Gardina taught about the Bankruptcy Code as it relates to businesses, as well as how environmental obligations affect the functioning of the bankruptcy system or, in the alternative, how the bankruptcy system undermines the environmental law policies. "Bankruptcy provides an avenue for corporations and other entities to shed overwhelming debt including clean up costs for environmental obligations. As a result, the state and federal governments are often left to contend with the debtor's contaminated property. The course is structured to expose students to the bankruptcy process as well as to examine what precautions can be taken pre-bankruptcy, in the form of the financial assurances, to ensure that the taxpayer is not left with the clean-up bill." - Professor Jackie Gardina

"The Environmental Obligations in Bankruptcy summer course was anexcellent introduction to the issues that arise when our environmentallaws collide with our bankruptcy system; it opened my eyes to the very real problems posed by this clash." - Anna Fernandez (2L)

ELP Public Lecture: Professor Maxine Burkett - "Helping Vulnerable Communities Adapt to Climate Change"

ELP Funds Student Travel to the Mainland for Exciting Environmental Law Conferences

On February 4, 2009, the Environmental Law Program and the LawSchool/Sea Grant’s New Island Climate Center, with the help of the SOEST Global Environmental Science Program and Sustainable Saunders at the University of Hawai`i at Manoa, facilitated Focus Hawaii: UH Climate Change Teach-In on Global Warming Solutions. The event was well attended and included locally grown food, a web cast entitled “Solutions for the first 100 days” and a question and answer session with panelist from the legal, scientific, congressional, interfaith and community backgrounds. The web cast focused on a younger generation taking charge and pushing congress to change policy related to climate change. The video focused on the economic climate we now face in the U.S. and how it parallels the great depression, a time when much policy changed under the New Deal. Kau`i Yamane, WSRSL Class of 2010, commented, “It’s the New Deal, Green Deal!” The video poignantly points out that because of this economic crisis, going green must be seen in terms of its economic value; not only preserving the environment. In order for people to go green, you need to show them that it is economically advantageous. Going green is not only about creating opportunities to increase wealth, the goal is to make sure those coal miners are able to find and be trained in “green” jobs.
The question and answer portion was also wonderful with those in attendance commenting on the video. Many commented on making sure that this push can be sustained, because the fight is not new, but somehow, the push in the 1970s lost steam. One panelist, Jeff Mikulina of Blue Planet Foundation, posed the question to the young people in the audience, “How do we get young people involved in this process?” Shanah Trevenna, a panelist and director of Sustainable Saunders, stated the way for young people to get involved is to know that there are viable options for them to work in the field. Many young people at the event echoed this sentiment. If there are opportunities to work in the field of sustainability, more young people will become a part of the climate change movement. The event was a rousing success and the Environmental Law Program and Law/Sea Grant’s New Island Climate Center thanks those who attended and help to make this teach-in a success.

Fall 2008 Environmental Law Students Participate in 2d Annual Mock Legislative Hearing

The Fall 2008 Environmental Law Class presented over twenty draft bills to a key group of state legislators on November 25, 2008 at a five-hour long mock hearing hosted by Representative Hermina Morita (Chair, House Energy and Environmental Protection Committee) and Senator Mike Gabbard (Chair, Senate Energy and Environment Committee). This year’s class presented bills on topics including: solar energy tax credits, a clean energy mandate, mass transit gas tax, curbside recycling, pesticides on public lands, gill nets, green building requirements, expanding the HI5 program, fishing gear bag and size limits, cool roofs, a green energy fund, carbon tax, solid waste reduction, trash exports, and a feed-in tariff for renewable energy. For details on the bills and students’ mock testimony, click here.

During the weekend of November 7-9, 2008, the Fall 2008 Environmental Law Class traveled to the Big Island to visit the Hakalau National Wildlife Refuge. The students were welcomed by horticulturalist Baron Horiuchi, who led a tour of the Refuge and educated the students about Hakalau's operations and future goals. Students also volunteered their time out-planting native trees and pulling weeds in the Refuge greenhouse. On the final day of their retreat, the students were led on a bird watching hike by biologist and bird expert Jack Jeffrey through a Hawaiian old-growth forest.

At an awards ceremony on September 18, 2008, the Environmental Law Program was recognized by Honolulu Magazine as part of a vibrant network of Hawai`i organizations and businesses who are "Keeping Hawai`i Green." At a beautiful outdoor evening event at Moanalua Gardens -- complete with environmentally friendly beer, Jack Johnson stage antics, eco-fashion, and Downtown's `ono green-cuisine -- ELP's Director Denise Antolini and ELP faculty member Kapua Sproat received the "non-profit resource" award on behalf of the Law School and the program. (Read the full profile in Honolulu Magazine here.) Law students George White (Class of 2009) and Laura Chen Allen (Class of 2011) also represented ELP at the dinner, having earned their spot by writing an essay on their commitment to careers in environmental law. (Read George and Laura's essays here.) ELP is proud to be among the good company of Hawai`i's green organizations and business honored at this annual event!

On September 17, 2008, students and faculty gathered in the Moot Court Room for a healthy, eco-friendly lunch as part of ELP's Annual New Law Student Reception. Professor Denise Antolini, Program Director, led the informational session and discussed ELP courses, faculty, awards, grants, and employment opportunities. Professor Antolini was joined by ELP faculty members Professor Kapua Sproat and Professor Jon Van Dyke who provided information about upcoming courses in environmental and international environmental law. Current students also shared their ELP experiences with the new students. The reception is held annually to introduce students to the breadth of academic and professional possibilities within the ELP. As current ELP student Sunny Greer put it, "If there's something you're interested in doing, ELP can make it happen for you.

ELS and ELP co-sponsored an exhibit at the 16th Annual Hawaii Conservation Conference (HCC) on July 29-31, 2008. ELS students and ELP Director Denise Antolini were among over 800 participants who gathered at the Hawaii Convention Center for the event. Held annually in the last week of July, the HCC is the largest gathering of people actively involved in the protection and management of Hawaii's natural environment. The purpose of the conference is to facilitate information transfer and interaction between natural resource managers and the scientific community.

The theme of the 16th Annual HCC was Island Ecosystems: The Year of the Reef. Although the 2008 theme commemorated the International Year of the Reef, all aspects of science and management of island ecosystems - terrestrial and marine - were covered. Conference participants attended plenary sessions, a poster exhibition, and a variety of symposia and workshops. For more information on the conference, visit the 2008 HCC Homepage.

The ELS/ELP exhibit provided conference participants with information about the law school and the Environmental Law Program. ELP Research Associates Jamila Jarmon and Melissa Farris passed out program brochures, answered visitors' questions, and sold ELS "Will Work for Reefs" t-shirts to raise money for the ELS Summer Grant. They were assisted by ELS student volunteers Sophie DeLaCour and Danielle Seress. Other exhibits at the Conference provided information on various conservation efforts around the State, including recycling programs, recruitment for employment in the conservation field, and public awareness campaigns. When asked about her experiences at the HCC, Melissa Farris responded, "The HCC continues to be an exciting opportunity for students and the University to connect and interact with others in the conservation field. It's incredibly inspiring to see so many people dedicated to conservation all gathered in one place."

ELP Research Associates Melissa Farris (left) and Jamila Jarmon (right) helping out with the ELP/ELS booth at the 2008 Hawaii Conservation Conference.

On May 16, 2008, Law School professors Jon Van Dyke, Larry Foster, and Denise Antolini joined Law Librarians Keiko Okuhara and Swee Berkey for a community service project at the Diamond Head Native Plant Garden. Hosted by ELP Research Associate Kate Bryant-Greenwood and her fiancee Sean Casey, the team enthusiastically removed non-native plants from the beautiful beds surrounding some impressive and healthy native plants. The "weed crew" got down in the dirt, tugged at roots, pulled out alien vines, and had a great time contributing to the longstanding volunteer efforts to maintain this green oasis at the foot of Diamond Head Crater.

On February 26, 2008, the Environmental Law Program and Careers Services Director Amy Wiecking were proud to welcome three distinguished environmental law practitioners to share their experiences and advice with interested students. Panelists were (1) Lorraine Akiba, from McCorriston Miller Mukai MacKinnon (2) Marti Townsend, Program Director at KAHEA, and (3) Silas DeRoma, Regional Counsel for the National Oceanic and Atmospheric Administration (NOAA). All three panelists discussed the advantages of private practice, NGO's, and government environmental litigation. They also gave students helpful tips on how to get into the field of environmental law and establish the connections necessary to get involved in a desired segment of environmental law. The panel finished with an informative question and answer period, where students were able to ask all of the panelist what drew them to environmental law and what made their jobs rewarding.

International Environmental Law Moot Court Team Returns from Florida Competition

(12th Annual International Environmental Moot Court Competition, November 9-10, 2007)

ELP's IEL Moot Court returned from a fierce competition at Stetson Law School in Gulfport, Florida. This year's team consisted of only two members, Matthew Shannon (3L) and Nick Monlux (2L), and was coached by previous team member Kamaile Nichols (3L). This year's competition consisted of over over thirty teams from the United States, Australia, Asia, and Latin America. The problem was one of the most difficult to date, involving multiple elements of treaty and contract law as well as international trade regulations. Our team competed very well and won two overall rounds in addition to almost all of their oral argument match-up's. They continued our school's excellent reputation at moot court competitions and showed true commitment and pride in their efforts. Despite their hard work and great representation of Hawai`i, however, they were not able to advance to the final round.

In November, the Fall 2007 Environmental Law Class went on their annual field trip to Hakalau Forest National Wildlife Refuge. We were incredibly lucky to have Jack Jeffrey, the now retired refuge manager and bird photographer, as our group guide and teacher for the entire weekend.

The group participated in a variety of ecosystem restoration efforts. One day we helped by clearing weeds from test plots and even planting native trees with personalized message tags! The group even helped with the netting and tagging of a few Nene (Native Hawaiian Goose).

The final day Jack took the group out to do some native bird identification and we saw two endangered `Akia pola`au, a rare native bird that has an amazingly distinctive curved bill. On the same outing the group found native happy faced spiders and saw first hand the damage that feral pigs can do to the fragile under story.

As part the Fall 2007 Environmental Law Class, ELP students presented draft bills and testimony to the House Energy and Environmental Protection Committee in a three-hour mock legislative hearing on November 9. The cutting-edge proposals included banning plastic bags and incandescent light bulbs, and permitting industrial hemp farms in Hawai'i. One of the students’ bills – proposing to mandate solar hot water on new homes -- sparked renewed legislative interest in the issue and helped support the eventual passage of a landmark law, Act 204 (SB644), signed into law by Governor Lingle in June 2008.

The Environmental Law Program is proud to announce that the Updated Sixth Edition of the Hawai`i Environmental Law Careers Directory is now available in the ELP Office and online. The directory is an invaluable resource for externships, summer employment, pro bono, and all your legal needs within the field. Click on the link below for the directory or visit the Career Resources section of ELP's website.

Environmental Law Program Receives Certificate of Recognition from Hawai`i State Legislature

The William S. Richardson School of Law proudly announces that its Environmental Law Program, nationally acclaimed by the American Bar Association, was awarded a Certificate of Recognition by the Hawaii State Legislature at the House Chambers, State Capitol, on March 27, 2007, at 12 noon. Representatives Della Au Bellati, a 2000 graduate of the UH Law School, and Representative Hermina Morita presented the certificate to Dean Avi Soifer, CJ Richardson, and Professor Casey Jarman to recognize the program for its educational and scholarly components as well as for training generations of environmental lawyers to serve Hawaii and protect its precious environment.

Since the ELP was established in 1988, it has been recognized as one of the nation's leading environmental law programs. Ranked among the top 25 schools in the nation, the UH law school's ELP provides a rich learning environment, allowing students to study and practice their skills locally, regionally, nationally and even internationally with highly decorated attorneys. Resources such as these play a great part in the success for future environmental lawyers.

In November 2006, the Environmental Law Program (ELP) and Environmental Law Society (ELS) hosted the second annual EnviroMentors networking event this past Thursday evening. This year's event was held at Gordon Biersch Restaurant and Brewery. In attendance were over ten attorneys from some of the State's most prominent law firms, non-profit groups, and the city, state, and federal government, and over a dozen students representing each class from Richardson School of Law. After indulging in delicious pupus, the attorneys and students were each split into eight small groups for a networking activity. The groups of students were rotated every 20 minutes to ensure that they had the opportunity to speak with as many attorneys as possible. Students learned about summer job opportunities,
types of environmental work in Hawaii, and the best classes to take at school.

This year's event was a sparkling success due to the enthusiastic participation of attorneys and students. Many commented that limiting the event to a smaller group size, of roughly an equal number of students and attorneys, allowed for the best conversations. Others added that this year's format allowed everyone to speak and benefit from other people's questions. Attorneys in attendance, including many former ELP students, commented that they were delighted to meet students excited about environmental law.

ELP and ELS plan to make EnviroMentors an annual fall event so that students can meet like-minded practicing attorneys who may advise them as they progress through law school. Over a dozen students who participated in 2005's event were paired with practicing attorneys to meet again for more personal advice over the spring and summer.

The weekend of November 8, 2006, ELP students Jeffrey Beerman (3L), Aubrey Wood (3L) and Kamaile Nichols (2L) participated in the Eleventh Annual International Environmental Law Moot Court Competition, held at Stetson Law School in Tampa Bay, Florida. Coached by alumni Seth Harris and Jennifer Tsou, the team performed very well after the long trip to Florida. The team earned well-deserved respect both at the competition and here at UH as being one of the most prepared and committed moot court teams. Congratulations and thank you for representing the Environmental Law Program and the State of Hawai`i.

ELP Receives 2006 ABA Award For Distinguished Achievement In Environmental Law And Policy

The ABA's Standing Committee on Environmental Law and Section of Environment, Energy, and Resources has announced that the Environmental Law Program (ELP) of the William S. Richardson School of Law, University of Hawai`i at Manoa is the 2006 recipient of the American Bar Association Award for Distinguished Achievement in Environmental Law and Policy.

Since 1988, the ELP has provided leadership in development of sound environmental law and policy for Hawai`i through classroom and clinical education as well as through serious encouragement of and support to its student body. Its nationally and internationally recognized faculty have contributed tremendously to the thoughtful management and regulation of the natural resources that make Hawai`i unique.

Among its broad range of accomplishments, the Community Outreach and Education component has improved access to justice, student service opportunities, and student grants to support scholarship and conference participation. Other programs and accomplishments have included environmental justice programs helping communities to effectively participate in legal processes; an environmental law web site offering access to all environmental laws, statutes, regulations and state and federal cases affecting Hawai`i; videos to help communities and individuals participate more effectively in government processes; a colloquium series hosting national and international scholars; a Student Paper Series and Student Scholarship Online Series providing a forum for student work to international audiences; and extensive career mentoring of students.

Law School Dean Avi Soifer commented: “We are extremely pleased that our marvelous Environmental Law Program is beginning to receive the recognition it deserves with this prestigious national award. The award results from the extraordinary leadership and dedication of Professor Casey Jarman, the founding director, and Associate Professor and current director Denise Antolini, who have together created a unique oasis in legal education that has broad appeal to faculty, students and alumni.”

The award was established in 2000 by the ABA Standing Committee on Environmental Law with co-sponsorship by the ABA Section of Environment, Energy, and Resources, to recognize individuals, organizations and programs that have distinguished themselves in environmental law and policy, and have demonstrated significant leadership in improving the substance, process or understanding of environmental protection.

ELP Launches New Endowment To Honor Program Founder Professor Casey Jarman

To recognize Professor Jarman’s founding of ELP and her nearly twenty years of outstanding service, which we hope will continue for many years to come, we are raising funds to establish a new endowment in her name. The “Jarman Environmental Law Scholarship Endowment” will provide a summer work, travel, or scholarship stipend to deserving law students who best represent the community service values that Professor Jarman has so effectively brought to her over two decades of teaching, scholarship, and community service in the field of environmental law.

We hope that you will join us in recognizing Professor Jarman’s singular contributions to the Law School and its nationally ranked Environmental Law Program. When she arrived in 1987 from the University of Mississippi, she started teaching an introductory Environmental Law class. She soon developed an Environmental Law certificate program that confers the honor on about 10 graduates each year. She continued to work with her colleagues and many adjunct professors to create a program from scratch that now has two environmental moot court teams winning top awards, publishes student scholarship, maintains a rich web site, offers a lively colloquia series, hosts distinguished visitors from around the world, and this year moved up in rank to the “Top 21” environmental law programs in the nation. Thank you to Professor Jarman and all of you who contribute to support the furtherance of the outstanding program she helped create.

On November 9, 2005, the Environmental Law Program hosted its first annual Enviromentors event at Murphy’s Bar and Grill, where students and mentors enjoyed pupus and drinks. The program is aimed at connecting students interested in environmental law with “real-world” environmental law practitioners and policymakers. The ultimate goal of the event is to match students up with professionals that have common career goals and interests.

Left Photo: (L to R) Jeff Beerman, Ranae Doser-Pascual (top), Jen Tsou, Aubrey Wood

Please join me in congratulating International Environmental Law Moot Court Team members Jennifer Tsou, Jeff Beerman, and Aubrey Wood for their exceptional performance in the 2005 International Environmental Moot Court competition recently held at Stetson College of Law in Florida.

More than 60 teams around the world competed in the 10th annual Stetson competition. This was the first year that teams had to compete in a Regional Qualifying competition in order to win an invitation to the International Finals. Hawaii competed in the U.S. Qualifying Rounds against 16 U.S. teams at Stetson’s Tampa campus on October 26 and 27. Hawaii’s strong finish as quarterfinalists during the U.S. Regional Qualifying competition won them a place in the International Finals.

The International Finals were held at Stetson’s Gulfport campus on October 28 and 29, 2005, where the team went on to compete against seven other U.S. teams, including Pepperdine, Southwestern, Hastings and Michigan State, and eight international teams from India, Australia, and Ireland. Hawaii made an impressive show in the preliminary rounds, once again making it to the quarterfinals. It was in this quarterfinal round that Hawaii faced a team that we ended up meeting four out of the eight rounds Hawaii argued throughout the four day competition. Hawaii proffered an outstanding argument, but ultimately fell to Cleveland-Marshall by the smallest of margins. Cleveland-Marshall eventually went on to win 2nd place overall in the International Finals with one of their team members winning the best final round oralist award.

The team’s performance this year was no less impressive then its past performances, placing among the top 8 teams out of the more than 60 teams that participated in this year’s international competition. The UH law school team has consistently placed among the top teams in the competition in the oral argument rounds, and last year won the award for the Best Memorial.

The team wishes to express its gratitude for the support of the entire law school community, especially Dean Soifer, Prof. Antolini, the Environmental Law Program, adjunct faculty advisor Doug Codiga, assistant coach Seth Harris, and all of the attorneys and others who generously donated their time to help the team prepare for the competition. It is much appreciated.

For more information on the Stetson International Environmental Moot Court Competition, visit their website at www.law.stetson.edu/environmental/

Nationally Recognized Pioneer of Environmental Law Visits
Richardson Law School during the Spring 2005 Semester

On March 29, 2005, the nationally known “rock star” of environmental law, Professor Joseph L. Sax, taught with the Environmental Law Program of the William S. Richardson School of Law as the Wallace S. Fujiyama Distinguished Visiting Professor of Law (Spring 2005 semester). Professor Sax’s groundbreaking scholarship on water law and the public trust doctrine provided the legal cornerstone for Hawaii Supreme Court’s landmark Waiahole Water decision in 2000.

Professor Sax is recognized nationally and internationally for pioneering legal and policy developments in the areas of natural resources, wildlife, water rights, public lands, and public trust. He is Professor Emeritus at Boalt Hall School of Law, University of California, where he was the James H. House and Hiram H. Hurd Professor of Environmental Regulation since 1986.

A leading founder of modern environmental law and recipient of many international and national honors, Professor Sax has served as a consultant or board member with 19 environmental public service organizations. His major books include Mountains Without Handrails; Water Law--Planning and Policy; Water Law--Cases and Commentary; Defending the Environment; and Playing Darts with a Rembrandt: Public and Private Rights in Cultural Treasures.

Prof. Joseph Sax, for the Environmental Law Program's Colloquia Series, gave a lecture titled “Environment and Its Mortal Enemy: The Rise and Decline of the Property Rights Movement” on April 14, 2005, and spoke again for the Environmental Law Society's Film Series featuring the film “Monumental: David Brower’s Fight for Wild America” on April 21, 2005.

The Environmental Law Clinic offers second and third-year students an opportunity to provide legal advice concerning real-world environmental problems to actual clients. There are no course prerequisites; however, clinic students should be concurrently enrolled in environmental and/or administrative law, if either of these courses has not yet been taken. Students work in small groups on an average of four or five projects during the semester. Some projects involve providing legal advice to community organizations; others provide assistance to government agencies, and an effort is made to include a development-oriented project as well. Clinic director Arnold Lum notes that “the clinic goes beyond the classroom by introducing students to the art of providing advice to clients.”

Clinic students learning the science-based background to their assigned legal issue.

Professor Denise Antolini Enjoys Experience as Distinguished Chair in Environmental Studies

ELP Co-Director Professor Denise Antolini was recently selected by the U.S. Fulbright Scholar Program for the 2003-2004 Distinguished Chair in Environmental Studies in Turin, Italy. The Distinguished Chair Award is the highest level of the Fulbright Scholar Program, which awards over 800 U.S. faculty and professionals grants to lecture or research abroad each year.This semester, Professor Antolini is teaching an undergraduate and graduate course in environmental law at the Polytechnic Institute of Turin. She is conducting her class in both Italian and English.

ELP Hosts Fourth Annual "Friends of the Environmental Law Program" Reception

On April 19, 2004, the William S. Richardson School of Law hosted the Fourth Annual Friends of the Environmental Law Program reception. Dean Avi Soifer welcomed the 40 or so ELP faculty, students, alumni, and other supporters, as well as special guest speaker Jack Jeffrey, wildlife biologist at the Hakalau National Wildlife Refuge on the Big Island and the 2002 recipient of the National Sierra Club Ansel Adams Award for Conservation Photography. After a brief introduction by Environmental Law Program Co-Director, Professor Casey Jarman, Jeffrey treated the audience to a slide show of his photography, focusing mainly on Hawaii’s native birds and challenges to their continued survival.

Prof. Jarman's 2003 Moot Court Team

Professor Jarman then spoke of new developments within the ELP over the last year, congratulating ELP students on their various accomplishments with leis and applause. Commendations went to:

Professor Jarman also delivered a warm mahalo to the Program’s donors and supporters. The evening ended with ELP faculty, students and guests cheerfully conversing over some very ono pupus.

L-R: Shawn Benton, Summer Kupau, Marti Townsend, and Jennifer Carpenter

The 2004 Environmental Moot Court Team--Summer Kupau (3L), Jennifer Carpenter (3L), and Marti Townsend (2L), supported by team assistant Shawn Benton (2L)-- joined forces to tackle the self-proclaimed most complex moot court problem ever concocted by the Pace Environmental Moot Court Competition organizers. Two months of intense brief writing and one month of grueling oral argument practice culminated in a three-day competition for top honors out of 73 teams from law schools around the country.

The competition, held every February at Pace University in New York, consists of three preliminary rounds and three 'sudden-death' final rounds. "This has been one of the most rewarding experiences of my entire law school career," said first-time team member Marti Townsend. "Nothing else could have honed my legal skills quite like this." The team placed in the top 10% of the competition and garnered two best-oralist-of-the-round awards. "I am really proud of this team," said team captain and best oralist, Summer Kupau, "they really rose to the challenge."

In November 2003, Five 2Ls and a toddler gave up their Sunday morning to fulfill an important obligation to the Honolulu community. Marti Townsend (2L), ELS Director; Adrienne Iwamoto Suarez (2L), ELS Vice Director; Chris Ewan (2L), ELS member; Becky Szucs (2L), ELS Project Coordinator; Dominique Tansley (2L), ELS Project Coordinator; and her son, Caden, age 3, cleaned a portion of the Manoa Stream. In the mid-1990's, the William S. Richardson School of Law's student organizations adopted a stream section, from the H-1 overpass to Kaimuki High School, as part of the City and County of Honolulu's Adopt-a-Stream Program.

Every year the students of WSRSL have made good on their promise to the City and County by hauling hundreds of pounds of garbage out of the stream. This year was no different. Marti, Adrienne, Chris, Becky, Dominique, and Caden carried out twenty large garbage bags full of refuse. The haul also included a bicycle, a crib wall, a lawn chair, garden hoses, rubber slippers, muddy clothing, lead pipes, a pick-axe, a pig's leg, and a shopping cart. There seemed to be enough discarded auto parts to piece together a new car-- a battery, speedometer, cigarette lighter, hub caps, and more were all pulled out of the stream. There was also an extensive athletic supply in the water-- a football, five tennis balls, a baseball, and a rubber dog ball to name a few. On the whole, however, the ELS members were pleased to find the stream noticeably cleaner than it was last year at the same time.

Congratulations to the 2003 International Environmental Moot Court Team!

(October 31-November 1, 2003)

This year's International Environmental Law Moot Court Team recently tied for third place in the world at the International Environmental Law Moot Court Competition at Stetson University in Florida. The team's Memorial brief was judged 9th best in the competition. This is the third time in four years our team has finished among the top four teams in the competition.

Team captain Josh Medeiros (3L), Ranae Doser (2L) and Chris Terry (2L) successfully competed against a field of over forty-six law schools from the United States, India, Australia, New Zealand, Costa Rica, and Canada to advance to the semi-final round. In the preliminary rounds, the team prevailed against Pepperdine, the University of Maryland, and teams from Australia and New Zealand.

The problem involved the legality of the use of driftnet fishing on the high seas under international environmental law. The newly-independent island nation of "New Madeira" (represented by our team) argued that as a small, developing country it was entitled to use driftnet fishing to feed its population. "Orlando," a large, wealthy neighboring nation with
active environmentalists sought to ban all driftnet fishing to preserve dwindling fish stocks.

The team's success reflects the commitment and dedication of Josh, Ranae, and Chris, who devoted countless hours to writing the team's Memorial brief and practicing oral arguments before Prof. Van Dyke, Prof. Jarman, Mary McLeod, Esq., and other members of the law school community who served as practice judges and advised the team.

Credit and a special mahalo also goes to assistant coaches Seth Harris'00, Leilani Tan Ching '01, Kim Moffie '01, Kim David Chanbonpin '02 and Kanoe Kane '02 who gave the team invaluable guidance and support.

The team's outstanding performance and continued success is a proud achievement and a tribute to the students, the Environmental Law Program, and to the entire law school community.

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Environmental Law Class Takes Trips to Tesoro Refinery

On October 17, 2003, students in Professor Jarman’s Environmental Law class got a rare inside look at the Tesoro Hawaii Oil Refinery at Campbell Industrial Park. The grand tour began with a brief introduction of the refining process by the Tesoro representative, an environmentalist at heart. He described how the crude oil shipped in from all over the world arrives at a mooring station 2.5 miles offshore and is piped to the facility. Next, the students looked at samples of the various products that result from the refining process. These included the lighter jet and marine fuels, naptha, diesel fuels, the heavier waste oil, and even the sulfur pellets used for fertilizer. The students were surprised to hear that the Kapolei facility alone is capable of refining 95,000 barrels of crude oil per day; many students were distressed that their own lifestyle contributes to such demand.

The group then donned their safety glasses, hard hats, and mechanic’s jumpsuits and set off to explore the facility. Outside, the heat radiated and clinking sounds emanated from the hissing mass of metal pipes. A separate building attached to this mass housed a room full of computers and men in green jumpsuits monitoring the refinery operations. The tour guide proudly noted that they were slowly updating their technology in compliance with environmental regulations. After turning down an opportunity to cross over what was once a true toxic waste site, long since cleaned up and covered by asphalt, the students made their way back to the main building to slowly peel off their now sweaty safety gear.

We thanked the representative for the opportunity to tour the facility, then headed back to the parking lot. Once there it was sobering to get into 3 different cars and drive all the way home. At least we had carpooled!

Camille Kalama, Class of ‘05

Environmental Law Class and Professor Casey Jarman at the Tesoro Refinery.

(Photo by Jen Young)

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ELP Colloquium:

Lisa Munger - "Hawaii's Environmental Response Law and Voluntary Response Program: Forging Alliances with Business and the Environment"

(October 15, 2003)

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Environmental Law Class Cleans up Kamilo Beach

The beach clean up movement got a real boost from the University of Hawaii William S. Richardson School of Law this year. Professor Casey Jarman and 20 students from her Environmental Law class went to the Big Island for one weekend to help clean up Kamilo Beach. Community members have devoted weekend after weekend to restoring the remote beach park, which earlier this year was buried waist-high in trash.

In October 2003, WSRSL students added their effort to the movement. The trip began with a 5:00 a.m. flight to Hilo, then a two-hour drive to Volcano, followed by a one-hour roller coaster ride down the dirt trail to the beach. After five hours of sifting, picking, and hauling, students collected 6 truck loads of trash. Included in their "bounty" was an oxygen tank, two rusted tires, several computer motherboards, a syringe, and countless plastic umbrella handles.

Above left: Brian Gonsalves, Brad Russell, Peter Olsen, Kanale Sadowski, and Maunakea Higuera-Trask with the oxygen tank and tire found at Kamilo Beach. Above right: Professor Casey Jarman and Jennifer Carpenter.

Most abundant and most destructive, however, were the giant wads of fish nets. Practically indestructible, these commercial fishing nets drift through the ocean collecting whatever is in their way. As they approach the beach, the shoreline surf tangles them into massive bundles. Some bundles are so huge only a forklift can remove them. Currently, there is no way to ensure that commercial fishing boats keep track of their fishing nets.

Chris Ewan and Camille Kalama climb through the gigantic mound of refuse.

After the clean up, WSRSL students dispersed all over Volcano to get cleaned up themselves. All the students greatly appreciate the hospitality of Professor Jarman’s friends and neighbors. Everyone met up again that night for dinner at the Lava Rock Café and late-night lava-viewing at Kilauea Volcano.

Late to bed and early to rise, the next morning began with breakfast at the Kilauea Country Club. Some followed that up with a trail run to the Crater floor; others got a personal tour of the Crater Rim from resident expert, Professor Jarman. And then it was off to the airport in Hilo for the 1:00 p.m. ride home – just in time to get homework done for Monday.

Beau Bassett and Camille Kalama.

Text and photos by Marti Townsend, 2L.

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Jurgen Eichberg Speaks to the Environmental Law Class About Environmental Protection in Germany

The William S. Richardson School of Law’s environmental community now includes Germany. Thanks to Ellen Eichberg, an LLM student at WSRSL, the Environmental Law class got a rare opportunity to meet a successful environmental decision-maker—her father, Jürgen Eichberg.

Mr. Eichberg was born in Berlin and has lived in Cologne since 1969. He graduated with an advanced degree in Planning and Construction from the Technical University of Berlin. During the past thirty years, he has worked for local, state, and federal environmental agencies in Germany. He most recently served as the Director of the State Office for Environmental Protection at Halle, in the State of Saxonia-Anhalt.

At right: Jürgen Eichberg explains the regulatory framework of environmental protection in Germany.

Germany, like the United States, regulates for the environment on three levels—the federal, state, and local level. The federal government is solely responsible for promulgating statutes and policies regarding radiation protection and conservation of natural resources. Federal, state, and local agencies share in the responsibilities of regulating for environmental protection in general.

Mr. Eichberg spoke at length about Germany’s response to the pollution of its rivers. By 1990, many of Germany’s rivers had become toxic. The state of Saxonia-Anhalt, in particular, is home to many German industries that are clustered around waterways. After a decade-long process of regulation and enforcement, Germany experienced a complete turnaround in river water quality. As of 2000, almost all of Germany’s streams are swimmable and fishable.

By contrast, the United States has not experienced this degree of success with its waterways. The Clean Water Act of 1972 declared, as its goal, that the nation’s waters would be “swimmable and fishable” by 1983. As of now, only 60-70% of the United States’ waters meet this standard. (Percival, Schroeder, Miller, and Leape. ENVIRONMENTAL REGULATION: LAW, SCIENCE, AND POLICY, 4th Ed., p. 571). Germany’s success, in such an abbreviated time frame, is stunning.

Part of the reason for Germany’s success, says Mr. Eichberg, is that environmentalists are part of the political process. The Green Party won 8-10% of the seats in the German Parliament, and the Environmental Minister himself is a Green Party member. As a result, environmental laws in Germany are strict. Moreover, in contrast to the U.S., enforcement of environmental laws is even stricter. By way of explaining Germany’s success in cleaning up its rivers, Mr. Eichberg noted that some of the companies polluting German rivers did not pay their fines and were completely shut down. The combination of political power, strict laws, and strict enforcement seems to have made the difference between environmental success and failure in this comparable industrialized nation.

Ellen Eichberg, a WSRSL LLM student, and her father,
Jürgen Eichberg, the retired Director of Environmental Protection for the state of Saxonia-Anhalt in Germany.

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Environmental Law Class Takes Trip to H-Power

Environmental Law Students and Professor Casey Jarman at H-Power.

October 3, 2003

As we drove across the Ewa Plain on the dry Leeward side of O`ahu, I wondered what this now developed plain looked like in old Hawai`i. I wished Marti’s little blue Toyota “Ellie” was the DeLorean from “Back to the Future,” taking me back a couple of centuries to see what is documented to be land that supported crops of sweet potato. But on this overcast day it was difficult to see past the orange roofs and coconut trees of suburban Kapolei, and the smoke stacks and rubble gardens in the distance that marked our destination of Campbell Industrial Park. We pulled into the parking lot of H-Power, Hawaii’s municipal waste burning facility, to find the rest of class awaiting our late arrival.

The H-Power representative was more than informative, explaining the steps taken to transform our rubbish into energy. The Environmental Law class was impressed by the technology installed by the facility to comply with strict environmental regulations. The facility was clean and efficient; the representative was mindful and congenial. We were impressed. Here are some cool things I learned about H-Power.
-H-Power produces about 6% of O`ahu’s power needs.
-The ash produced in the burning process can be made into useful materials (we were shown a brick that was made from processed ash).
-The facility uses magnetism to separate aluminum from the waste, which is then recycled.
-The facility has installed technology at the weigh-in station to ensure that no hazardous or medical waste enters the plant.

With all these cool benefits coming from H-Power, you may wonder why there is not a H-Power near you? The representative explained that it is extremely expensive to build a plant such as H-Power, much of the cost going into the technology that makes the process efficient and environmentally sound. Although the plant will pay for itself over time with the revenues derived from the sale of energy, the start up fee is often more than most states are willing to spend. In any case, it is awesome to know that amongst the dripping pipes and weed-covered lots of Campbell Industrial Park, H-Power is converting garbage to energy and the managers of the plant are mindful of Hawai`i's environment.

Beau Bassett, Class of ‘05

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ELP Colloquium:

Paul Achitoff - "Environmental Advocacy: Differences, Advantages, and Disadvantages of Working Within a Public Interest Organization Versus Within a Private Law Firm"

(September 17, 2003)

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Fall 2003 School Year Kicked Off By 1L Reception

The new school year is here and the Environmental Law Program kicked it off by inviting first year students to learn more about the program. On September 2, 2003, ELP held a lunch reception for all law students interested in the environment. Close to one-third of the first year class attended and asked to be put our ELP list-serve. Each attendee received a copy of the 2003 Hawaii Environmental Law Careers Directory and the Environmental Law Program's Brochure.

Professor Casey Jarman, Co-Director of the Environmental Law Program, welcomed everyone and expressed excitement over the great turn out. She will run the program solo this year while co-director Professor Denise Antolini is away on a well-deserved sabbatical in Italy this year.

Faculty of the Environmental Law Program introduced themselves to students and spoke about the environmental-related classes they teach. Professor Jon Van Dyke, Professor David L. Callies, and Professor Williamson B.C. Chang welcomed students and encouraged them to start thinking about taking their classes next year. Adjunct Professors Moya Gray, Arnold Lum, and Dennis Saito introduced themselves and described their classes.

The ELP Faculty (from left to right): Professor Jon Van Dyke, Professor David Callies, Professor Williamson Chang, Adjunct Professor Moya Gray, Adjunct Professor Arnold Lum, and Adjunct Professor Dennis Saito.

Josh Medeiros, returning member of the International Environmental Law Moot Court Team, spoke to students about his experiences of being on team. The team took first place nationally and second place in the world when they competed last year. Josh encouraged first year students to participate in the moot court experience.

In addition, Kanale Sadowski and Beau Bassett, recent recipients of the Diversity Scholarship spoke about their summer experiences. Both Beau and Kanale used the grant money to further work on Native Hawaiian legal issues. Kanale worked at the Native Hawaiian Legal Corporation doing general research; Beau worked at Ke Kiai doing research on ceded lands.

Students on the Go (from left to right): International Environmental Moot Court Team Members: Ranae Doser, 2L, Chris Terry, 2L, and Josh Medeiros, 3L; ABA Diversity Grant Recipients: Kanale Sadowski, 2L, and Beau Bassett, 2L; No Ke Ola o ka `Aina ELS Summer Grant Recipient: Marti Townsend, 2L.

ELP program assistants Adrienne Iwamoto Suarez and Dawn Nekoba were introduced. Adrienne is a 2L and Dawn is a 3L. Both Adrienne and Dawn look forward to an exciting and busy year working for the program.

The reception was a real success. Everyone currently in the program is excited to see that so many 1Ls have an interest in the environment and environmental law. We look forward to another great year for the Environmental Law Program!

RECENT EVENTS

Congratulations to the 2003 International Environmental Moot Court Team!

Environmental Law Class Cleans up Kamilo Beach