Sponsored by the McGeorge Law Review at the McGeorge School of Law, University of the Pacific.
For many years, the McGeorge Law Review has hosted legal symposia centered on issues of timely legal importance. Through topics like the legalization of marijuana, the jurisprudence of Justice Anthony Kennedy, and the future of legal education, the McGeorge Law Review continues to bring together prominent scholars and practitioners to discuss diverse and fascinating legal topics.
This year, the McGeorge Law Review utilizes its location in California’s capital to pull together key policy makers, experts, and scholars to discuss California’s future. By 2050, California is estimated to have reached a population of 50 million residents. This symposium will discuss how we can proactively respond to a growing population through legal reform and careful planning to ensure that we do not overburden our natural resources.
April 11, 2014
The keynote address will focus on water and sustainability. Dr. Gleick, President of the Pacific Institute, will share his insight into the problem of supplying clean affordable water to an ever growing population.
Kronick Moskovitz Tiedemann & Girard was established in 1959 with a focus on water and water-related resource law, since then Kronick has expanded into a full service law corporation with multiple locations and a diverse mix of private business and public sector clients throughout California. Kronick is a proud supporter of legal education for current and future attorneys. In addition to sponsoring this symposium, Kronick attorneys currently teach three courses at McGeorge School of Law: Representing Local Agencies — Advocate, Neutral Counselor, Risk Assessor by Mona Ebrahimi, The Business of Lawyering by Robert E. Murphy, and Local Agency Practice — Advice & Litigation by Leslie Walker and Hanspeter Walter.
This program has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of six and three-quarter (6.75) hours. The lunchtime keynote has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of three quarters (0.75) hour. McGeorge School of Law certifies that this activity conforms to the standards for approved educational activities prescribed by the rules and regulations of The State Bar of California governing minimum continuing legal education.
8 a.m. to 8:45 a.m.
Registration & Continental Breakfast
8:45 a.m. to 9:15 a.m.
Welcome & Introductory Remarks
9:15 a.m. to 10:45 a.m.
Limited Land: How We Develop
There is general agreement that we need to be building "smarter": higher densities, more compact development, more mixed uses, and less vehicle dependence. Will the law get us there? Will the economic realities prevent the changes? And how do we ensure that these changes benefit all Californians?
10:45 a.m. to 11 a.m.
Morning Networking Break
11 a.m. to 12:30 p.m.
Limited Land: How We Conserve
We have a fixed amount of land but many competing uses such as housing, transportation, commercial, industrial, agriculture, wildlands and working lands. As the population expands, how do we balance these and other competing uses?
12:30 p.m. to 1 p.m.
1 p.m. to 1:45 p.m.
Capital Lecture Keynote Sponsored by the Witkin Legal Institute
1:45 p.m. to 3:15 p.m.
The Virtual River and the Importance of Conservation
California's limited water supply is already a great source of conflict. This panel will discuss ways to efficiently use our existing water sources.
3:15 p.m. to 3:30 p.m.
Afternoon Networking Break
3:30 p.m. to 5 p.m.
Renewable Energy: What Is Possible?
A growing population means more demand for electricity. How do we provide that power without contributing to global climate change?
5 p.m. to 5:15 p.m.
5:15 p.m. to 6:30 p.m.
Hosted Reception (McGeorge House)
Sponsored by Kronick, Moskovitz, Tiedemann & Girard
Alex is a Senior Policy Advisor to Governor Jerry Brown and the Director of the Office of Planning and Research, focusing on energy, environment, and land use issues. As California moves towards a population of 50 million in a climate change constrained world, Ken and OPR work on issues and policies that protect and promote the State's environment and economy. Before joining the Governor's Office, Ken was the Senior Assistant Attorney General heading the environment section of the California Attorney General's Office, and the co-head of the Office's global warming unit. From 2000 to 2006, Ken led the California Attorney General's energy task force, investigating price and supply issues related to California's energy crisis. During his tenure at the Attorney General's Office, Ken negotiated dozens of significant settlements, including agreements with San Bernardino County and ConocoPhillips for the first required reductions of greenhouse gas emissions in the country.
California Lawyer named Ken an "Attorney of the Year" in 2004 for his work in energy law, and he received the ABA award for Distinguished Achievement in Environmental Law and Policy in 2007 for global warming work. He has taught courses on environmental law and policy at Stanford, Hastings, and Golden Gate University.
Ken is a graduate of Harvard Law School and holds a B.A. in political theory from the University of California at Santa Cruz.
Jim has been practicing environmental, land use, real estate and government law for almost 15 years. Fascinated with both how we govern ourselves and the massive impact on daily living the built environment can have, land use and environmental law was a natural fit. Jim spent the first 10 years of his legal career in the San Francisco Bay Area in private practice, representing private landowners, companies and developers in land use and real estate transactional and litigation matters. Jim also was involved in non-profit groups such as San Francisco Planning and Urban Research Association (where he was on the Board) and the Urban Land Institute — San Francisco Chapter (where he was Co-Chair of the Sustainability Committee).
Jim joined the California Attorney General's Office in 2010. At the Attorney General's office, Jim worked almost exclusively on the California High-Speed Rail project and on the Delta Stewardship Council's Delta Plan. In 2012, Jim led the team that successfully defended the first high-speed rail project section from an injunction request related to then-pending CEQA litigation. In part, this effort led to settlement of the litigation in 2013. Jim recently moved in-house with the California High-Speed Rail Authority to work full-time on high-speed rail.
Jim earned his law degree from Stanford Law School, and his undergraduate degree in Economics from U.C. Berkeley. Jim was an officer in the U.S. Navy prior to law school.
For the past 32 years, Martha has served in the non-profit sector as an advocate, community organizer, and coalition builder. She joined PSR-LA in 1998 to launch the environmental health programs, and became Executive Director in November 2007. She is committed to making the credible voice of physicians a powerful instrument for transforming California and our planet into a more peaceful and healthy place.
Martha grew up in the Pico-Union area of Los Angeles. At the young age of 14, she made a lifelong commitment to effect social change after seeing her friend killed by a school security guard. While working as a health educator in the 1990s, Martha had an epiphany — she realized that although early detection can prevent death from breast cancer, it does not prevent breast cancer, which has been increasingly linked to the exposure of environmental toxicants. Since that realization, Martha has dedicated her career to the environmental justice movement, and has lectured nationwide on the use of precautionary principle policies.
As a coalition builder, Martha has emphasized the need for local grassroots advocacy working in partnership with statewide policy actions. She is an active board member of numerous organizations, including Californians for Pesticide Reform, the California Environmental Rights Alliance, and Californians for a Healthy and Green Economy. She also co-founded the Los Angeles County Asthma Coalition and the Coalition for Environmental Health and Justice, and was appointed to Cal/EPA's Environmental Justice Committee and the California Air Resources Board's Global Warming Environmental Justice Advisory Committee.
Brandt serves as the California State Assembly's expert on water resource law and policy. In his position as the Principal Consultant for the Committee on Water, Parks & Wildlife, he drafts, analyzes, and comments on all legislation relating to water resources, drawing on his long history of experience in California water controversies. His work included the current the critical water issues facing the State Legislature including the ecosystem and management crisis in the Sacramento-San Joaquin Delta and flood management and protection.
Prior to joining the Assembly staff, Mr. Brandt served at the Department of the Interior and on the Board of Directors for the Metropolitan Water District of Southern California. At Interior, he served as counsel and Federal Agency Coordinator for the CALFED Bay-Delta Program and tried the just compensation phase of Tulare Lake Basin Water Storage Dist. v. United States. He also worked on Nevada water law issues in the Newlands Project, and for the Bureau of Land Management.
He earned his JD in 1988 from University of California, Berkeley (Boalt Hall School of Law), his B.A. Magna cum laude in 1983 from UCLA, where he was Phi Beta Kappa. He is admitted to the bars of California, the District of Columbia (inactive), and the Court of Federal Claims.
Castaños is one of the firm's most respected California environmental and land use lawyers. Known for her practical and business-focused advice, Kristen works with commercial, industrial and energy developers on due diligence, compliance and related litigation involving all of California's key environmental and land use laws, including the California Environmental Quality Act, the California Williamson Act and the federal National Environmental Policy Act. A former City Attorney, Kristen also works with a number of municipal and public entity clients, having successfully represented several California counties, municipalities and a redevelopment agency in CEQA and related land use issues.
Kristen was selected as the Sacramento Environmental Law Lawyer of the Year in 2013 and the Sacramento Water Law Lawyer of the Year in 2012 by Best Lawyers®. She was also recognized by the Sacramento Business Journal as one of Sacramento's "Women Who Mean Business" in 2013.
Outside of her client work, Kristen is particularly committed to supporting and mentoring fellow women lawyers, and specifically, lawyer moms. Kristen is a founding member of the Mother Attorneys Mentoring Association of Sacramento, an association created to support women lawyers who are juggling the challenges of a full-time career and parenthood.
Chadwick represents commercial, residential, agricultural, and industrial project proponents before local, regional, state and federal administrative agencies in connection with use permits and other entitlements. He handles all aspects of environmental compliance under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), land-use permitting and any resulting litigation. His permitting work extends from California's largest ski resorts, to residential developers, oil gas and energy companies, wineries, agricultural entities, and mining companies.
Braiden is one of the state's most knowledgeable authorities on mitigation/conservation banking, and has recently been on the faculty for several legal and industry conferences on cutting-edge banking issues. The key to his success is working closely with the California Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, and the Army Corps of Engineers to permit mitigation banks throughout California. This work is highly specialized, and includes resolving conflicts with mineral rights, State and federal endangered species, jurisdictional waters, traditional land-use laws, and creating crediting methodologies used by administrative agencies
Braiden is also one of California's leading experts on the Williamson Act. He was directly involved on behalf of the solar industry to help shape recent legislation modifying the Williamson Act to accommodate solar facilities on non-productive farmland. He also frequently represents multinational oil and mining companies, residential and commercial developers and a variety of landowners on Williamson Act issues, including compatible use determinations, potential litigation, and petitions for cancellation of existing Williamson Act contracts.
Professor K.K. DuVivier has taught full-time at the law school level since 1990, including ten years at the University of Colorado School of Law before joining the Denver Law faculty in 2000. Her current research and teaching focuses are Energy Law and Renewable Energy Law, with a special emphasis on wind, solar, and energy efficiency. Her book, The Renewable Energy Reader, was published by Carolina Academic Press in 2011.
Before entering academia, Prof. DuVivier practiced for eight years, first in natural resources law at the law firms of Sherman & Howard and Arnold & Porter, then as an Assistant City Attorney in the land use and revenue section for the City and County of Denver. She also served briefly as the Reporter of Decisions for the Colorado Court of Appeals.
Between her undergraduate studies in geology and English at Williams College and her law degree from Denver Law in 1982, Prof. DuVivier interned in the mineral departments of the Smithsonian Institution and the Hudson River Museum and worked for three and a half years as a field geologist in Colorado, Texas, and New Mexico.
Prof. DuVivier is chair of the Association of American Law Schools' Section on Natural Resources and Energy Law. She has presented at several national conferences and has published over 100 articles and columns in state bar journals and national law reviews. She won the Sturm Faculty Excellence Award for Best Professor in 2012-2013, and in 2006, she was inducted as a member of the American Law Institute.
Prof. DuVivier and her husband, Lance Wright (an energy efficiency expert), live within walking distance from the law school in their near-net-zero home, which won the Colorado Renewable Energy Society's award for Renewable Energy and Sustainable Design in Buildings—Single Family in 2012. Much of her research and many of her recent speaking engagements have focused on the hurdles involved in deploying renewable energy, especially in distributed environments within cities.
Glancy has taught at Santa Clara University School of Law since 1975, with the exception of brief periods where she served as visiting professor at the University of Arizona and as assistant general counsel at the U.S. Department of Agriculture in Washington, D.C. Prior to joining the Santa Clara faculty, she practiced law in Washington, D.C., and then served as counsel to the U.S. Senate Judiciary Subcommittee on Constitutional Rights during the Watergate Investigations. Upon graduation from law school, Glancy was awarded a Stevens Traveling Fellowship that took her around the world to interview women political leaders.
Dr. Gleick is renowned the world over as a leading expert, innovator, and communicator on water and climate issues. He co-founded and leads the Pacific Institute in Oakland, celebrating its 25th anniversary in 2012 as one of the most innovative, independent non-governmental organizations in the fields of water and economic and environmental justice and sustainability.
Dr. Gleick's work has redefined water from the realm of engineers to the world of social justice, sustainability, human rights, and integrated thinking. His influence on the field of water has been long and deep: he developed the first analysis of climate change impacts on water resources, the earliest comprehensive work on water and conflict, and defined basic human needs for water and the human right to water – work that has been used by the UN and in human rights court cases. He pioneered the concept of the "soft path for water," developed the idea of "peak water," and has written about the need for a "local water movement."
At McGeorge, Jennifer offers courses in water law and natural resources practice to JD and LLM students and working professionals. She designs and teaches online courses such as McGeorge's Waste Not: The Law of Water Use Efficiency, in addition to online courses in federal and state environmental law, water rights, and sustainability. Jennifer also teaches water law as an adjunct at UC Davis School of Law.
Jennifer appears regularly as a presenter and guest speaker on water law and natural resource issues. For the last several years she has presented her signature California Water Law 101 lecture to attorneys, consultants, regulators, engineers and others interested in water around the state.
Jennifer previously worked as an attorney and partner in the Water Group at Downey Brand LLP, Sacramento, and is co-author of Cases and Materials on Water Law, 9th ed. (West American Casebook Series, 2014).
Professor Jacobs is an expert in constitutional law, remedies and government decision making. A former law clerk to Supreme Court Justice Lewis F. Powell, Jr., she has authored a substantial body of scholarship on constitutional law, specifically free speech and government speech, and on issues of bioterrorism and national security. Her articles have appeared in law journals at many of the nation's most prestigious law schools. She is the Director of the Capital Center for Law & Policy.
Sue started working in the solar industry for a contractor doing business in Davis, California. The company installed many of the solar water heating systems at Village Homes. She became the Technical Director at the California Solar Energy Industries Association (CALSEIA) and worked on uniform codes and standards for solar equipment. She later served as CALSEIA's Executive Director. From 1986 to 2007 Sue worked at the Energy Commission on codes and standards for buildings and electric vehicle charging infrastructure, incentives for electric vehicles, and electric vehicle emergency response training , and authored several major policy reports (the 1988 Conservation Report and the 1990 Governor's Biennial Energy Policy Report). In 2007 she retired from the Energy Commission and was asked to rejoin CALSEIA as its Executive Director. Sue served as CALSEIA Executive Director until 2011 when she accepted the position as Chief Consultant to the Assembly Committee on Utilities & Commerce.
Paul Stanton Kibel is an Associate Professor at Golden Gate University School of Law and Faculty Editor of Golden Gate University Environmental Law Journal. Professor Kibel is the former co-chair, National Resources Subsection of Real Property Section of the State Bar of California.
Mr. Levy supervises the team of 28 attorneys at the agency responsible for licensing all utility-scale thermal power plants in California, for managing the state’s Integrated Energy Policy Report, and for maintaining California’s appliance and building efficiency standards.
Prior to his appointment, he served for ten years as an attorney with the State Water Resources Control Board, first as California’s lead attorney for “total maximum daily loads” (TMDLs), wetlands, and other Clean Water Act programs, and then as General Counsel to the Los Angeles Regional Water Quality Control Board. Before his governmental service, Mr. Levy was an attorney in private practice in San Francisco, where he handled complex litigation and appeals.
Mr. Levy earned his Master of Environmental Laws, cum laude, in natural resources and environment from Northwestern School of Law, Lewis & Clark College in 1998. He earned his Juris Doctorate from the University of San Diego in 1991, and his bachelor’s degree in 1988 from UC Davis in Political Science.
Mr. Levy is an active volunteer in the legal and local community. He is currently a member of the California Commission on Access to Justice. He was the 2011 president of the Sacramento County Bar Association. He holds several appointments as a Judge Pro Temp of the Sacramento Superior Court, and is an Appellate Mediator for the Third District Court of Appeal. He has also served on a number of commissions for the City of Davis, including the Planning Commission and Natural Resources Commission.
Dr. Jeffrey Michael is Director of the Business Forecasting Center at the University of the Pacific in Stockton, CA. The Center produces quarterly economic forecasts for California and ten Northern California metro areas in addition to special reports on current business and public policy issues impacting the region.
Jeff's areas of expertise include regional economic forecasting and environmental economics including work on the economic impacts of the Endangered Species Act, climate change, and regulation on land use, property values and employment growth. His research has received numerous grants, and been published in scholarly journals such as the Journal of Law and Economics, Southern Economic Journal, Energy Policy, and Ecological Economics. He makes frequent presentations to the regional business and government audiences, and is cited over 200 times per year in the local and national press including the Wall Street Journal, New York Times Magazine, Los Angeles Times, San Francisco Chronicle, Newsweek, National Geographic, Washington Post, NPR, and PBS.
Before coming to Pacific in 2008, he spent nine years as faculty, Associate Dean, and Director of the Center for Applied Business and Economic Research at Towson University in Maryland. Jeff received his Ph.D. from North Carolina State University, M.S. from the University of Maine, and B.A. from Hamilton College.
Since joining the County Counsel's office in 2004, Mr. Pogledich has regularly advised the Yolo County Board of Supervisors and various departments on land use, real property, and contract matters. Mr. Pogledich also leads the County's staff and consulting team on the Bay Delta Conservation Plan and related state and federal habitat restoration proposals. Prior to joining Yolo County, Mr. Pogledich was an associate in the Environment, Land Use, and Natural Resources Group at Pillsbury Winthrop LLP (currently Pillsbury Winthrop Shaw Pittman LLP) from 1998 through 2003. He graduated from UC Hastings College of the Law in 1998.
Associate Professor Kalyani Robbins joined the University of Akron School of Law faculty in 2008. She teaches Environmental Law, Natural Resources Law, Criminal Law, and Criminal Procedure, as well as various related seminars. She has focused much of her research on Wildlife Law (biodiversity and ecosystem management) and the intersection of Law, Science, and the Environment. After publishing a series of law review articles addressing endangered species policy issues from an interdisciplinary perspective, she has turned to tackling emerging policy questions raised by the ecological problems developing as a result of global climate change. Professor Robbins travels frequently for speaking engagements, serves in leadership roles within both the ABA and the AALS, and has published two books this year: The Laws of Nature: Reflections on the Evolution of Ecosystem Management Law and Policy (University of Akron Press, 2013); and The Law of Biodiversity and Ecosystem Management (Foundation Press University Casebook Series, Third Edition, 2013) (with John Copeland Nagle and J.B. Ruhl). Her third book, The Law and Policy of Environmental Federalism: A Comparative Analysis, is in progress. Professor Robbins received her B.A. from the University of California at Berkeley, her JD from Stanford Law School (where she was an Articles Editor for the Stanford Law Review), and her LLM in Environmental and Natural Resources Law, cum laude, from Lewis & Clark Law School (the top program in the field). She has been admitted to the California and New York bars. Prior to joining the Akron Law faculty, Professor Robbins served as an Assistant District Attorney in the Manhattan District Attorney's Office and was Legal Director for Sequoia ForestKeeper, an environmental nonprofit. She also clerked for The Honorable Norman H. Stahl of the United States Court of Appeals for the First Circuit and The Honorable Faith S. Hochberg of the United States District Court for the District of New Jersey. In the fall of 2014, Professor Robbins will be joining the faculty at Florida International University College of Law.
Ronald B. Robie has served as an Associate Justice on the California Court of Appeal, Third Appellate District, since 2002. Previously he served as a judge of both the Sacramento Superior and Municipal Courts. He was presiding judge from 1994 to 1995. He was named “Judge of the Year” by the Sacramento County Bar Association in 2002. Justice Robie currently is a member of the Board of Directors of the National Center for State Courts. He is the Chair for 2010 of the California Commission on Access to Justice and the California Supreme Court Committee on Judicial Ethics Advisory Opinions. He has taught water law and environmental law at the McGeorge School of Law, University of the Pacific since 1970. He is Chair of the Governing Committee of the California Center for Judicial Education and Research (CJER) and has taught at many institutes and programs conducted by CJER, including a course on the California Environmental Quality Act. Prior to assuming the bench, he was a leader in California Water matters. He served from 1975 to 1983 as Director of the California Department of Water Resources and from 1969 to 1975 as a member and Vice Chair of the California State Water Resources Control Board. He is a co-convener of “Dividing the Waters,” an educational project for water judges, masters, and referees affiliated with the National Judicial College. Justice Robie received Bachelor of Arts (1958, with Honors) and Master of Journalism (1960) degrees from the University of California, Berkeley, and his Juris Doctor degree from the McGeorge School of Law, University of the Pacific (1967), with highest honors.
Rutledge has been Executive Director of the Sacramento Valley Conservancy since October 1996. Previously, Ms. Rutledge helped found the Friends of the Sacramento River Greenway, worked with the American Institute of Architects, California Council as Director of Governmental Relations, and ran her own consulting firm, ABR Services, serving as legislative advocate for the California Bicycle Coalition and performing outreach and advocacy services for various other clients. She holds a BA in History from Pomona College and is a graduate of Sacramento High School. She also currently serves as a board member on Reclamation District 1600, a commissioner on the Land Trust Accreditation Commission and as California Program Manager for The Wilderness Land Trust.
Professor Salcido is a scholar of environmental and natural resources law, with particular expertise in ocean and coastal law and ecosystem restoration. Her articles have appeared in prominent law journals and she is an active member of the Rocky Mountain Mineral Law Foundation.
Professor John G. Sprankling is a nationally-recognized authority on property law. His treatise Understanding Property Law is used by law students across the United States; it has also been translated into Chinese and published by Peking University Press. His newest book, written with Professor Coletta, is Property: A Contemporary Approach. It is the first property casebook to be published both in hard copy and electronic format. His articles on property and land use issues have appeared in a number of leading law journals, including the University of Chicago Law Review and the Cornell Law Review. Professor Sprankling began his legal career with Miller, Starr & Regalia, one of the nation’s largest property law firms. He practiced there for 14 years, ultimately serving as its managing partner. After teaching at Hastings College of the Law and Stanford Law School, he joined the McGeorge faculty in 1992. At McGeorge, he has served as Interim Dean and as Associate Dean for Academic Affairs. He has also served as the Chair of the Property Law Section of the Association of American Law Schools.