ELP: students on the go

Students and Faculty attend 27th Annual Public Interest Environmental Law Conference at the University of Oregon!

"A delegation of Environmental Law Program (ELP) faculty and students attended the 27th Annual Public Interest Environmental Law Conference (PIELC) at the University of Oregon School of Law in Eugene from Feb. 26 to March 1. Associate Professor Denise Antolini spoke on a panel focusing on the revival of "environmental common law," the topic of her co-edited book Creative Common Law Strategies for Protecting the Environment published last year by the Environmental Law Institute. Along with Professor Antolini, Professor Casey Jarman and students Ryan Keesey, Jacqui Tryon Esser, and Malama Minn thoroughly enjoyed attending a dazzling variety of topics amidst more than 100 panels, 10 keynote speakers, and numerous side events that enlivened this internationally renowned four-day conference."

My experience at the 2009 Public Interest Environmental Law Conference (PIELC), this year on the themed “Solidarity! United Action for the Greener Good,” was one of the most practical and memorable experiences of my law school education. Undoubtedly, the PIELC bridged the gap between my academic experiences in the classroom and the active world of current environmental issues and litigation.

As a 3L, I am anticipating graduation and crossing the line from a student to a professional. As a student, the never-ending stresses of class work, finances, and job hunting can be daunting. This past year, I began to let the true reasons I embarked on law school slip away.

After I came back from the PIELC conference in Eugene, Oregon, I felt refreshed and revived. It opened my eyes to the possibilities to a rewarding career in public interest law, where before I was disheartened. For a short weekend, I had a chance to be in a room filled with experienced, creative, and active practitioners who were using their profession as attorneys and environmentalist for ‘solidarity.’ I remember a moment sitting in a panel on the endangered species act , when I thought to myself, “I get this!” Finally, I was able to see how the concepts learned in the classroom were being applied as tools to solve the urgent and pressing environmental issues of our time.

One of the more inspiring experiences I had while at the PIELC was meeting two senior attorneys who had been attending the conference since its inception. It was the last night and a group of NAELS members went to a pub down the street from the University of Oregon. These two attorneys sat down next to us and started telling us about how they were friends from law school and were Alumni of NAELS. Even though they now live and practice law in different states, the conference is a time where they are able to catch up and revive themselves each year. After talking with them, the three of us who attended from the University of Hawai‘i could not help but dream for a similar succession.

Although it is all too easy to get engulfed in the day-to-day commitments of being a law student, we should not forget the true reasons of why we all decided to attend law school in the first place. The PIELC was my reawakening and I feel inspired more than ever to ‘unite for the greener good.’

Social activism and environmental science blended with law at the PIELC at U of O in Eugene. The university and the conference attendees together comprised a diverse but like-minded group. There were more interesting presentations offered than time to attend, and I was impressed with the expertise and enthusiam of the conference participants. Workshops and social events afforded additional opportunites to network and share ideas. It was very encouraging to see attorneys just out of school working on significant environmental law issues and to see that progress and success are happening out there. The focus of the PIELC is relevant to many issues facing Hawaii, so the conference is a great resource for anyone interested in environmental law, indigenous rights, ecology, and related topics. WSRSL students should continue to attend this conference to take advantage of the resources and to represent our law school.

Virginia Tice, '09 attends ALI-ABA Environmental Law Conference in Washington, D.C.

Virginia Tice stated, "I had an amazing time at the ALI-ABA Environmental Law Conference in Washington D.C. The detailed and interesting presentations gave practical analyses of all of the major environmental statutes, as well as information on new areas of interest – such as the environmental elements of the economic stimulus package that (at the time) was being debated by Congress and recent Supreme Court decisions.

The structure of the conference enabled me not only to hear about emerging issues, it facilitated discussion with the leaders of each field. For example, I talked about climate change advocacy with the Deputy General Counsel for the Environmental Defense Fund, about the expanding regulatory power of the EPA under the Clean Water Act with the Assoc. General Counsel of the EPA Water Law Office, and about bioagriculture in developing countries with the Director of Global Issues of the Biotechnology Industry Organization.

It expanded my horizons both intellectually and professionally, and I cannot thank ELP enough for the opportunity!"

2008: Students on the Go!

2008 Environmental Law Class Visits Hakalau Forest National Wildlife Refuge

From November 7-9, 2008, fifteen fortunate Environmental law students had the opportunity of a lifetime to visit the Hakalau Forest National Wildlife Refuge on the east side of island of Hawai`i and experienced the beautiful sunrises and magnificent night sky on the high-elevation slopes of Mauna Kea. The trip was an annual service project for Professor Antolini’s Fall Environmental Law Class. Hakalau Forest National Wildlife Refuge consists of the 33,000-acre Hakalau Forest Unit and the 5,300-acre Kona Forest Unit, located at elevations between 2,000 and 6,600 feet on the east and west sides of the “big” island of Hawai`i. The sloping terrain is forested with some of the finest remaining stands of native mountain rainforest in the state. The refuge was established in 1985 to conserve endangered forest birds and their habitat. Together, the two units support nine endangered bird species, one species of endangered bat, and more than twenty rare and endangered plant species. This year’s class was fortunate to see almost all of the refuge’s rare and endangered birds and many of its “last remaining” plants on walking tours with Baron Horiuchi, the staff horticulturist, and Jack Jeffrey, refuge biologist, both of whom were extraordinary hosts and educators.. Not only were the students privy to seeing these rare and endangered species first-hand, but they had the opportunity to out-plant their very own endangered trees – such as koa, mamane, and naio -- with personalized i.d. tags. The law students assisted the refuge by working in the refuge greenhouse, caring for the endangered plant seedlings by weeding, re-potting, and fertilizing. In the evening, the students enjoyed the camaraderie that comes with cozy communal living and meals in the refuge’s rustic volunteer cabin, which is “off the grid.” The Hakalau experience was “learning by doing.” This field service trip gave students an up-close and personal look at the Hawai`i’s fragile environment and the opportunities they have as environmental lawyers to contribute to preserving our islands’ unique species.

Evan Siberstein '09 visits Surfrider Foundation in California

As part of this fall's externship with Surfrider Foundation, I was blessed to receive a travel grant from the Environmental Law Program to visit the Surfrider International Headquarters in San Clemente, California. During my trip, I was able to meet many of the internal leaders of the organization and have lots of direct contact with the litigation director. I was briefed on some of the key developments that Surfrider is currently working on, including the historic victory at Trestles, a world famous surf break in Southern California that was under threat of a toll road. I was also able to derive key insights and support in the work I had been doing during the semester involving the crafting and introduction of legislation relating to coastal access here in Hawai`i. Finally, I got to spend a day at the California Coastal Commission hearings to follow up on some of the issues that Surfrider was tracking and see the cutting edge administrative procedures that go into protecting California beaches and coastline. All in all, it was a wonderful trip and an amazing professional experience. I am very thankful to Surfrider and the ELP for all the support they gave me in making this wonderful opportunity come to fruition.

2008 Hammurabi Legal Forum

A tribute to ELP's web site came recently from across the globe in Iraq. On a visit to Bagdad, WSRSL Professor Jim Pietsch showed the ELP web site to a group of law school faculty and students at the Hammurabi Legal Forum. He reports that it sparked interest at Baghdad's leading law school in an effort to reform Iraq's environmental laws. Led by Professor Pietsch, ELP third-year student Virgina Tice, and second-year student Melissa Farris, among others, this effort will lead to a significant research and policy partnership between our Law School and our new friends and colleagues in Iraq.

For more information: http://www.hawaii.edu/law/site-content/special-programs-community-service/hammurabi-legal-forum/index.html

2008 International Studies Association Regional Conference

On March 26-29, 2008, I attended the International Studies Association Convention in San Francisco, CA (http://www.isanet.org/). With the help of an Environmental Law Program Travel Grant, I was also able present my second year seminar paper entitled “Stopping the Flood: Using Public Nuisance Law to Combat the Introduction of Invasive Species in Hawai`i.” The International Studies Association is a group of academics founded in 1959 to further the scholarship in international studies. Some of the subjects covered in the ISA conference are international law, trade and communications, political science, sociology, ethics, education, and Women’s Studies.

The conference was a great opportunity for me to share my paper with other students, academics, and government regulators interested in international law, environmental law, and environmental studies. I presented my paper as part of the international trade and communication section based on the impact invasive species regulations have on international trade and law. Although I had never presented a paper in this setting before, I really enjoyed preparing my presentation and trying to convey my paper to people who had varying backgrounds in environmental law.

I also showcased my paper in order to get it published in a law journal, because as part of the conference I was able to post my paper online for reference. Other than presenting my own paper, some of the highlights of my trip included hearing other legal scholars present papers relating to international environmental law, which is a topic I’m highly interested in. Some of the papers I heard on fisheries management and ocean law directly related to the international ocean law class I’m currently taking from Professor Van Dyke. I highly encourage other students to submit their papers to the ISA and take advantage of the great programs and opportunities offered by our environmental law program.

Mahalo to Professor Antolini to allowing me to take advantage of this great opportunity and experience!

Matthew Shannon, 3L

2008 ALI-ABA Environmental Law Conference

For University of Hawai`i WSRSL students like me who would like to work in environmental law "where it all happens"--Washington, D.C.--figuring out how to get a foot in the door can be daunting. Ordinarily, it would be difficult from all the way in Hawai`i to figure out who to talk to and ask all my questions about the various federal agencies and private organizations there.

That is why I am so greatful for the travel grant I received from the Environmental Law Program to attend the ALI-ABA Enivornmental Law Conference in Washington, D.C. That travel grant, along with the tuition waiver that ELP helped me to obtain, enabled me to fly to D.C. and meet some of the nation's most qualified and influential attornies in environmental law. At the conference I spoke with attorneys from the U.S. Environmental Protection Agency and the U.S. Department of Justice, as well as other private firms in the area. I was able to ask all the questions I had, such as how I might increase my qualifications to be a U.S. DOJ attorney, and what the difference is between an attorney working in the US DOJ Environmental and Natural Resources Division versus an attorney in the US EPA. Plus, I met other friendly law students who were there to learn about careers in environmental law, just as I was. I had a great time!

Kamaile Nichols, Class of 2008

2007: Students on the Go!

University of Colorado Environmental Justice and Climate Change Conference

Thanks to a travel grant from the Environmental Law Program, the two of us were able to attend The Climate of Environmental Justice Conference at the University of Colorado School of Law on March 16-17, 2007. This was an amazing experience and an extraordinary conference dealing with this timely and urgent topic. It truly was everything a conference should be- it confirmed what I was thinking about some things and challenged the way I thought about others. From the beginning of the conference I knew we were in for quite an experience.

Jerome Ringo, the first African-American to be Chairman of the Board of the National Wildlife Federation and the President of the Apollo Alliance, delivered a rousing message saying that climate change will be the issue that will break the color lines. He reinforced the idea that climate change will become the new Civil Rights Movement of our time, which was repeated throughout the conference by many speakers. Other notable speakers included Congressman Mark Udall (D-Colorado) and Professor Rebecca Tsosie, Executive Director of the Indian Legal Program at Arizona State University.

The speakers were from a wide range of disciplines and area of the country lending to a variety of expression and depth of knowledge that was inspiring. We were most impressed by the candid way most of the speakers addressed the direness of this issue without any sugar coating. Conferences often end on an optimistic note, but with no real conclusions or even suggestions as to how to solve these issues. In particular, Ruth Gordon’s presentation was stunning in its blunt portrayal of not only climate change itself, but the ineffectiveness of the international climate change regime in dealing with it.

Overall, this was a remarkable opportunity and one that we would highly recommend to other students. Often, it seems we get too busy with the demands of school, but going to these types of events reminds you why you went to law school in the first place. Many thanks again to ELP and Professor Antolini for making this possible for us.

Kaba Grant
Yoslyn Sigrah
Class of 2007

Hawai`i Island Food Summit

Keauhou, Hawai`i

Over the weekend I went to the Hawai`i Island Foot Summit, which was a two day conference asking the question “How Can Hawai`i Feed Itself?” Right now 80-90% of Hawai`i’s food is imported.

The Friday conference was called “Exploring Policy, Building Knowledge, Setting a Vision,” and began with a really compelling speech given by our mayor, Harry Kim. He talked about strikes at the Big Island docks when he was growing up, and how aware and fearful people were of there being “no more rice.” This discussion set off a theme that would run through the two days, that the reason for this movement is to decrease Hawai`i’s dependency on the mainland not only for food, but for our economy as well.

The Rocky Mountain Institute, an eco-business think tank, recently did a study on the potential for the Big Island to feed itself. They found that the barriers are the high price of land, the high price of labor, the lack of willing farmers, and the lack of dependable, affordable water. One interesting idea on the water issue was to dig wells for agricultural water closer to shore, so that they would pull from the saltier portion of the freshwater lens under the island, which is too salty to drink but is fine for agriculture.

We also heard from Claire Hope Cummings, and environmental lawyer and a local food activist who currently lives in Marin County, California. She suggested certified farmers markets, where all the food comes direct from the farmer, agricultural easements, large-lot agricultural zoning, and agricultural tax credits as possible solutions to these problems.

The rest of the day was filled by panels dominated by local politicians. There seems to be a widespread support for agriculture generally, but a lack of focus on details. GMOs were *highly* controversial; the crowd would cheer whenever someone criticized them or recommended banning them, and got pretty upset when the Kamehameha Schools representative indicated that he was open to GMO research on Kamehameha Schools land on the Big Island. Specific policy ideas that came from local political figures were disappointingly few and far between, but some notable ones were:
Ÿ Tax on GMO research to create a fund for diversified agriculture.
Ÿ Modify zoning to concentrate housing in agricultural subdivisions and leave the rest of the land free for agriculture.

The second day was open to the public, and a more general “Exploration of Challenges and Opportunities to Build Community Food Self Reliance.” The RMI and Cummings talks were repeated, then there were break-out sessions. We heard from a lot of farmers about the really difficult challenges they face as businesspeople, and some of their successes and failures.

Madeline Reed, Class of 2009

2007 Land Trust Alliance (LTA) Rally, Denver, CO

I attended three days of conference seminars related to organizing and operating a land trust. This conference was particularly important for me as I help form a new land trust for the Island of Oahu to protect open space. The conference complemented the ELP class Real Estate Transactions in Conservation which I am enrolled in. I learned about tax issues, monitoring of conservation easements, and much much more. Finally, the conference became a great networking opportuntiy for the land trust community in Hawaii because there was over twenty people from Hawaii in attendance.

Steven Tom, Class of 2008, ELP Certificate Candidate

2007 Hawaii Conservation Conference

Environmental Law Program Students Kate Bryant-Greenwood and Sunny Greer with former Department of Land and Natural Resources Chair Peter Young

2006: Students on the Go!

On July 26-27, 2006, ELS members attended the 2006 Hawaii Conservation Conference (http://www.hawaiiconservation.org/2006-hcc.asp), focusing on “Sustainability - Mauka to Makai.” Kamaile Nichols, Aarin Gross, Matthew Snow, and Steven Tom represented ELS and ELP by passing out brochures, selling T-shirts, and talking story with attendees and presenters. One frequent topic of conversation was the ELS's new flashy green "Will Work for Trees" T-shirts. The eco-friendly shirts were an exciting experiment in sustainable fund-raising. ELS ordered organic, sweat-shop-free shirts from an environmentally and socially responsible company in North Carolina (www.tsdesigns.com) and then off-set the carbon created by shipping them from the mainland with a donative to a Native American-owned wind-farm (www.nativeenergy.com).

Second-year student Kamaile Nichols, Co-Director of ELS, commented: "The Environmental Law Society got a very warm welcome at the Conference. So many people there were happy to see that a group of soon-to-be lawyers were interested in environmental issues. It was also encouraging to me that a significant portion of the attendees were kama`aina from Hawaii, since
sustainability really has to begin at the local level. I would go again!”

ELS Co-Director Aarin Gross added: "The conference was a great opportunity to learn about the current conservation efforts underway in Hawaii and the newest approaches to addressing conservation challenges. It was also a chance to connect with old friends in the field and to make new connections. We definitely encourage our fellow law students to take advantage of this opportunity next year. Our 'truly green shirts' were a big hit and sent an important message that we all need to 'walk the talk' to protect our environment."

2L Steven Tom added "The conference was a great opportunity for many people in Hawaii's conservation community who had never heard of UH's Environmental Law Program to learn about it. Many people were surprised and happy to learn of young in-training-attorneys seeking to help their cause. I has happy to learn more about the science, goals, and needs of the convervation community which is difficult gain knowledge of while attending law school. For example, I learned about ungulate control in conservation areas, the bleaching and subsequent killing of tropical corals from global warming, and the creation of two new "experimental forests" for research on Hawaii Island. The topic that most interested me professionally was learning about conservation land aquisition. Conservation land aquisition in Hawaii has grown recently with partnerships with Department of Defense and will continue to grow further in the upcoming years with the Legacy Lands Act which provides state funding for land acquisition. I met an ELP alum working in conservation land acquisition at the conference and plan to investigate it further for employment opportunities that may be available upon graduation."

2005: Students on the Go!

Student Attends 18th Annual Land Trust Alliance Rally

Trip Report and Photos by Richelle Thomson, Class of 2007

Thanks to the Pohaku Travel Grant Program of the Environmental Law Program, I was able to attend the annual Land Trust Alliance Rally, October 14-17, 2005, in Madison, Wisconsin.

The Rally brought together more than 1,500 conservation leaders, including land trust professionals, public agency staff, volunteers, attorneys, and land conservation advocates. Friday and Saturday were workshop days – full or half-day intensive seminars that covered everything from “Preserving Family Lands” with noted tax attorney Steve Small to conservation easement appraisals, legislative developments, and estate and income tax incentives for conserving land – and this just barely touches the surface. Sunday and Monday were the full Rally days – back-to-back seminars on “tracks,” depending on your interests (administration, volunteer organizations, legal, enforcement, etc.).

The LTA Rally was an intensively focused learning experience. Everyone who attends comes with the same goal: to preserve important conservation lands. But they come from different walks of life – some are landowners, others are attorneys, or land trust staff. What I liked was that I could tailor my workshops and seminars to focus on the legal aspects of land conservation, while also being exposed to the other sides of the conservation effort. I met dozens of great contacts, both from Hawaii and throughout the Mainland. I came away with a possible 2nd Year Seminar topic, plus potential externship opportunities, and the possibility of a visiting semester where I’d be able to take classes with one of the leading experts in tax planning for conservation.
I’d highly recommend attending the Rally for anyone interested in land conservation, estate planning (with a conservation component), and public-private partnerships for quickly and actively accomplishing conservation goals. The atmosphere was vibrant, and the Rally was extremely well organized. Madison is a beautiful city to visit in the fall, and on Saturday, walking from the hotel to the convention center, I strolled through the farmer’s market and bought a bag full of eight kinds of organic apples (and wished I could bring home a box of fall goodies). Next year’s Rally is in Nashville. Wisconsin Capitol Building

The Land Trust Alliance (www.lta.org) represents more than 1,500 land trusts in the United States. Land trusts are nonprofit organizations that work to conserve land through acquiring title to important conservation lands (think: Nature Conservancy) or through stewarding (holding title to and enforcing) conservation easements on private properties.

According to the LTA, between 1998 and 2003, the amount of land protected by local and regional land trusts, using conservation easements, tripled to 5 million acres. Conservation easements – recorded restrictions on development rights (granting/giving/donating one of the sticks in the bundle of fee-simple ownership rights) – protect coastlines, farms, ranches, scenic views, trails, wetlands, wildlife areas, forests, etc. Landowners who donate conservation easements to nonprofit land trusts qualify for estate, income, and/or gift tax benefits.

Currently in Hawaii, there are four land trusts:
Hawaii Island Land Trust
Kauai Public Land Trust
Maui Coastal Land Trust
North Shore Community Land Trust

Student Attends 14th Annual Rocky Mountain Land Use Institute Conference

Trip Report and Photos by Jennifer A. Benck, Class of 2006

Thanks to a finacial scholarship awarded under the Pohaku Travel Grant Program of the ELP that covered most of my travel expenses, I was privileged to be able to attend the 14th Annual Rocky Mountain Land Use Institute (RMLUI) conference at the University of Denver, Sturm College of Law on April 21 and 22, 2005. This conference was a “must” for anyone with an interest in land use, whether from a government-policy point of view or a private development point of view. Law students will recognize the names of many of the RMLUI’s speakers, such as: Dwight Merriam, Robert Freilich, and Professors Steve Eagle, Julian Juergensmeyer and David Callies. There were so many excellent speakers that on the second day of the conference, when two speaker sessions were held concurrently, I was torn over which session to attend.

Sturm College of Law, University of Denver

The best-priced flight I could find delivered me to the conference site around noon on the first day of the conference. Nora Brandon, the conference coordinator, had agreed to let me work for my conference tuition (thus saving me $85). My task was simple and pleasant. I checked in attendees and gave out conference materials – it was a nice opportunity to speak with attorneys and planners attending the conference, as well as many of the conference speakers. Nora didn’t work me too hard and by 3:00 p.m., I was able to attend a session about smart growth and innovative European Urbanism. After the plenary session, there was a complimentary reception at the law school. I had a great time mingling with speakers, attendees, and Denver law students.

Friday’s sessions started at 8:30 a.m. I attended sessions on non-conforming uses, mitigation fees for preserving agricultural and environmentally-sensitive lands, land use ethics, the interaction of transportation and land use planning, and constitutional and statutory limits on local zoning authorities. Substantial handout materials were available at all sessions (copies of which are available in the ELP library). It was very interesting to be a law student in an audience of so many non-lawyers. I listened to planners and city council members from small towns, who seemed genuinely unaware of their legal powers and limits. For instance, in a session about the constitutionality of zoning, one planner asked if the police power really meant zoning was permissible in his town. Also, I heard very interesting points of view from all sides on certain ethical issues, especially on the issue of what constitutes a conflict of interest for attorneys with personal interests in the outcome of land use decisions.

Friday evening I enjoyed a fantastic meal at a Downtown Denver hot spot and strolled around for hours. It was great to be in such a lively downtown area and see the effects of concerted and well-planned redevelopment. Many of the old buildings in Downtown have been renovated and turned in restaurants and shops. A light rail system runs along an otherwise pedestrian street for miles. The people in Denver were friendly, and the streets were immaculate.

The RMLUI is geared primarily for those who work in Colorado, and other Western states. The session I attended on land use planning and transportation was very informative, but it used a Denver transportation plan as its foundation. However, all of the other sessions I attended provided information that would be useful in all parts of the country. It was a terrific conference and one that I would happily attend in the future.

Prof. Juergensmeyer

Prof. David Callies

Robert Freilich

Since October 2003, WSRSL Professor Casey Jarman and Bill Gilmartin, President and Direct

or of Research of the Hawai'i Wildlife Fund, have led several law students and community members on clean ups of Kamilo Beach, a remote beach park on the Southwest end of the Big Island in the Ka`u district. Gilmartin learned about the pollution on Kamilo Beach after he visited the beach to investigate the birth of a Monk Seal, an endangered Hawaiian species. Jarman and Gilmartin have recruited several volunteers each semester to clean up the beach, welcoming students and friends to their beautiful home in nearby Volcano.

This semester, during the weekend of March 5-6, 2005, law school volunteers hauled away an estimated two tons of debris from the beach. They found a variety of items among the trash littered on the beach including commercial fishing nets, tires, and toothbrushes. It takes about seven years for marine debris to reach the shore via the ocean currents; because this is an ongoing problem, the beach will need to be cleaned for many years to come. The work was tiring but, as one student described it, “3000 times better” than writing the law school research paper that he turned in the previous morning.

The Kamilo Beach clean up was not only a way for the law students and their guests to divert their minds from the stress of school by helping to keep the environment clean, but it also provided a very practical lesson on the harmful effects of marine pollution. Seeing the accumulated tons of nets, plastic garbage, and “jetsam” gave all participants a practical perspective to complement the theoretical lessons that the law students receive in their environmental law classes.

Mahalo to all participants, and a special thanks to Professor Jarman and Bill Gilmartin for a great experience!!

In the earlier morning hours of March 1, 2005, students from Professor Casey Jarman's Domestic Ocean and Coastal Law class visited Honolulu's Fishmarket. The students observed restaurateurs and vendors from the local market bid on various species of fish as the fish were brought in from numerous ships. The students learned that buyers gauge a fish's "freshness" by testing the texture and firmness of its flesh.

Introducing the Environmental Law Program's 2005-2006 Student Assistants: Lori Baker and Molly Schmidt

Lori Baker Lori Baker is a third-year law student and is pursuing a Masters Degree in Urban and Regional Planning from the University of Hawaii at Manoa. After receiving her B.A. in Political Science from the University of Florida, Lori worked for several years in Human Resources and backpacked throughout the United States. In July 2003, Lori moved to Oahu to further her education.

Class of 2006 students Koa Kaulukukui and Marlyn Aguilar attended the September 2004, Environmental Justice-NEPA Workshop in Denver, Colorado. The Workshop was sponsored by the International Institute for Indigenous Resource Management, a non-profit corporation established to assist indigenous peoples in the sustainable utilization, management, development and conservation of their natural resources and protection of their environment. The Environmental Law Program awarded each student a Pohaku Travel Grant to attend the workshop.

ELS Members Clean Manoa Stream for Adopt-A-Stream Program
Story by Molly Schmidt, Class of 2006

On the morning of Sunday, July 11, 2004, a hearty group of Environmental Law Society members roved the shores of Manoa Stream in search of garbage and debris. For the past eight years, similar groups of ELS students have cleaned the same portion of the Manoa-Palolo Stream as a part of the Adopt-a-Stream program of the City and County of Honolulu. This year, ELS students carted away a bike, an entire door, pipes, bed frames and other indiscernible items before they departed muddily, leaving the stream bed a little cleaner than they had found it.

ELS Gets Muddy during Taro Patch Workday at Ulupo Heiau
Story by Molly Schmidt, Class of 2006

Marti, Koalani and Molly knee-deep in the lo`i.

ELS students, together with other volunteer groups, dove into the mud to help weed the Ulupo Heiau lo`i kalo (taro patch) on April 10, 2004. The lo`i kalo, behind the Windward YMCA, is being restored and cared for by volunteer groups and is located next to one of the oldest remnanats of a mapele heiau (agricultural temple). The morning in the peaceful taro patch was a chance for students to clear their minds refresh their spirits before the onslaught of final exams.

First Year Law Student Wins Pohaku Grant,
Attends ALI-ABA Environmental Law Conference

Earlier in 2004, Marlyn Aguilar (1L) won a Pohaku Grant to travel to Washington, D.C. in February to attend the ALI-ABA Environmental Law Conference. Marlyn's environmental experience and interest made her well qualified to represent WSRSL. Before coming to law school, Marlyn received her B.A. in Pre-Medicine and History, Masters in Public Health, and a Certificate in Urban and Regional Planning from the University of Hawai`i at Manoa. She has extensive experience in the environmental field. As a graduate student, Marlyn was an intern with the Hawai`i State Office of Environmental Quality Control. She assisted the agency in preparing the 1996 Environmental Report Card for Hawai`i. She has also served as a Legislative Aide and Community Liaison for the Hawai`i State House of Representatives, focusing on health and environmental issues. In her past employment, Marlyn was the Pollution Prevention Coordinator for the Hawai`i State Department of Health's Solid and Hazardous Waste Branch for six years. Her work involved assisting business and industry's compliance with environmental regulations. In addition to being a busy 1L, Marlyn also currently teaches Environmental Science at Heald College in Honolulu.

Attending the ALI-ABA Environmental Law Conference marked the start of Marlyn's transition from environmental administrator to environmental lawyer. After arriving in Washington, D.C., Marlyn joined 300+ attendees, lawyers and students alike, for the two-day conference. This year's conference summarized developments in the Clean Water Act, Clean Air Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). Seminar presenters also spoke on the National Environmental Policy Act (NEPA) and its relationship to Environmental Justice, new U.S. Supreme Court cases involving environmental protection, and environmental considerations in real estate and business transactions. Marlyn was most engaged by a lively panel discussion among Bush Administration's supporters. Members of the Department of Justice, the Congressional Committee on the Environment, and the White House staff presented their favorable views on President Bush's environmental policies. A panel with such an agenda was no surprise in Washington, D.C., and it was later counterbalanced by another seminar presenter's passionate critique of Interior Secretary Gale Norton's environmental leadership. On the whole, Marlyn found the conference interesting and helpful to her as a law student.

One aspect of environmental law that Marlyn would have liked the conference to have explored was prevention. Through her past experience as an environmental regulator, Marlyn noticed that environmental compliance often happens after a violation, in the form of remediation and monetary penalties. As a future environmental lawyer, Marlyn hopes that the focus of environmental law will shift from punishing companies after-the-fact to encouraging companies to alter their practices to lessen impacts upon the environment in the first place. WSRSL's Environmental Law Program was pleased that Marlyn attended this annual conference and served as a fine representative of Hawaii and the future of environmental law.

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 rollercoaster 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.

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 latenight 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.

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.

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.
-Technology at the weigh-in statio ensures 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.

Environmental Law Class and Professor Casey Jarman at the Tesoro Refinery (Photo by Jen Young)

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!

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.

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.

2004

2003

First Year Law Student Wins Pohaku Grant, Attends ALI-ABA Environmental Law Conference

Environmental Law Class Cleans up Kamilo Beach

First Year Law Student Wins Pohaku Grant,
Attends ALI-ABA Environmental Law Conference