Title: UF Law environmental & land use law newsletter
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 Material Information
Title: UF Law environmental & land use law newsletter
Series Title: UF Law environmental & land use law newsletter
Physical Description: Serial
Language: English
Creator: Levin College of Law, University of Florida
Publisher: Center for the Study of Race and Race Relations, Levin College of Law, University of Florida
Place of Publication: Gainesville, Fla.
Publication Date: Spring 2008
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Bibliographic ID: UF00090858
Volume ID: VID00003
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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FREDRIC G. LEVIN COLLEGE OF LAW SPRING 2008



S' Environmental and Land Use Law


Expands to Include LL.M. Program


LETTER FROM THE DIRECTOR
Each May, as students graduate from our
program and begin positions working in
environmental and land use law, I find myself
thinking about how these fields are changing. It
is hard not to be daunted by the considerable
challenges we face as a society, challenges
these new lawyers will face and help us to
meet. But I am also mindful of the store of
new energy, ideas and skills these graduates
are taking out into the world and am buoyed
by the dedication, intelligence and passion the
students carry with them.

All of us on the faculty are regularly reminded
of the need to continually evaluate what and
how we teach, so that we prepare our students
as well as we can to meet these unfolding
challenges. In that regard, I'm very pleased to
announce final approval of our new LL.M. in
Environmental and Land Use Law. The program
is designed to provide law school graduates
and practicing attorneys with a unique
opportunity to deepen their knowledge and
skills not just in law but also in other important
related disciplines. (See article at right).

So although we're just celebrating the graduation
of the Class of 2008, my colleagues and I are
pleased to be focusing on the entering class of
fall 2008 as we launch this new program.
-Alyson Flournoy


UF UNIVERSITY
UFFLORIDA


UF Law will offer the nation's first
LL.M. in Environmental and Land
Use Law this fall. This one-year,
post-JD degree will provide an opportunity
for recent law school graduates and experi-
enced attorneys to spend an academic year
developing in-depth expertise in environ-
mental and land use law.
The LL.M. program adopts an inno-
vative approach that combines the study
of land use law with environmental law.
The LL.M. program is unique in that six
of the 26 required credit hours must be
from relevant courses that have substantial
non-law content and are offered outside the
law school or jointly by the law school and
another department.
As a result, the program capitalizes on
the many outstanding programs at UF in
disciplines related to environmental and
land use law practice, including wildlife
ecology, environmental engineering, urban
and regional planning and interdisciplinary
ecology. In addition to completing required
coursework, LL.M. candidates must
complete a written project in connection


IN THIS ISSUE
PIEC: Florida's Role
in Global Issues

Graham Works
on Water Bill


Faculty Profile:
Tom Ankersen


Conservation
Clinic Briefs

Congratulations
Graduating Students

Clinical Environmental
Law in Latin America


with a seminar or the Conservation Clinic.
"We're thrilled to launch this program.
It's had great support from the whole law
school faculty and from many faculty across
the campus," said Alyson Floumoy, director,
Environmental and Land Use Law Program.
"We think it will attract students who will be
terrific additions to the ELUL Program and
the whole law school community."
Students admitted into the program will
work with the LL.M. program director to
design an individual course of study tailored
to their particular interests. LL.M. students
also are eligible to participate in the Con-


SPRING 2008


Knauss Sea Grant
Marine Policy Fellowship

Environmental and Land
Use Law Speakers

Nelson Symposium:
Green Building Practices


















14th Annual Public Interest Environmental Conference

Florida's Role In Global Issues


The University of Florida Levin Col-
lege of Law's 14th Annual Public
Interest Environmental Conference
(PIEC) was held Feb. 28 March 1, at the
UF Law campus with 200-plus people in
attendance. The theme of this year's con-
ference was "Reducing Florida's Footprint:
Stepping Up to the Global Challenge."
The conference was organized by UF Law
students with the support of the Public
Interest Committee of the Environmental
and Land Use Law Section of The Florida


Bar. It focused on Florida's role in global
issues related to energy, land use, biodiver-
sity and water. The conference took place
in conjunction with the first University of
Florida Water Symposium "Sustainable
Water Resources: Florida Challenges,
Global Solutions."
The conference, which was co-spon-
sored by the UF Office of Sustainability,
opened with a pre-conference keynote
speech by Sheila Watt-Cloutier, an Inuit
climate change and human rights activist
and 2007 Nobel Peace Prize
nominee. The opening reception
was held at the President's House
with welcoming remarks by UF
Law Dean Robert Jerry, as well
as a keynote speech by Shannon
Estenoz, governing board member
for the South Florida Water Man-
agement District.
The conference resumed at the
Levin College of Law Friday, Feb.
29, with an entire day of panel dis-
cussions involving dozens of par-
ticipants on such topics as sea level
S rise, climate change, agricultural
challenges, water resources, com-


munity land management, carbon markets,
the Comprehensive Everglades Restoration
Plan, the impact of war on the environment
and Florida's need for sustainable energy.
The conference banquet featured keynote
speaker David Hunter, assistant professor of
law and director of the program on Interna-
tional and Comparative Law at American
University Washington College of Law,
who addressed the evolution of international
environmental law and its potential.
Saturday began with a workshop on
the anatomy of a land use case providing
citizens and lawyers an in-depth look into
an actual case. The day's panels covered
such topics as environmental injustices and
dams, biodiversity loss and communica-
tion between scientists and policymakers.
A two-hour plenary titled "The Focus on
Florida," closed the workshops for the day.
Since its inception in 1994, this
student-organized conference has attracted
top practitioners, legal scholars and scien-
tists from around the state and beyond to
discuss Florida's most pressing environ-
mental issues. Now in its 14th year, the
PIEC has enjoyed a continual increase in
reputation, attendance and popularity.


servation Clinic and apply for a seat in the
summer Environmental Law Study Abroad
Program in Costa Rica. The program will
be small by design to ensure a high quality
experience for each LL.M. student.
"Florida's new LL.M. program is at the
cutting edge of environmental legal educa-
tion, combining different specialties from
within the practice of law, like land use and


environmental law, and adding to that a
non-law, interdisciplinary component that
includes science and engineering course-
work," said Wendy A. Wagner, the Joe. A.
Worsham Centennial Professor of Law at
the University of Texas at Austin School of
Law and a leading authority on the use of
science by environmental policymakers.
"Such a broad-based curriculum,
coupled with Florida's prestigious


environmental and land use law faculty,
should produce lawyers who are well
prepared to tackle the complex issues at
the interface of law and environmental
policy," Wagner said.
The program is now accepting applica-
tions for fall 2008. For detailed information
on the ELUL LL.M. Program, contact Lena
Hinson at 352-273-0777 or elulp@law.ufl.
edu or visit www.law.ufl.edu/elulp.


2 UF LAW ENVIRONMENTAL & LAND USE LAW





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Work with Graham
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Tom Ankersen

DIRECTOR, CONSERVATION CLINIC
by Danielle D'Oyley

th one foot in Latin America,
the other in Gainesville, and
a heart in public interest law,
Professor Tom Ankersen has helped
shape conservation and sustainability on
an international scale.
The legal skills professor's accom-
plishments range from local issues
Sto worldwide conservation efforts.
Ankersen has helped establish a minor in
sustainability at the University of Florida,
created the Conservation Clinic at the law
school to advance conservation objec-
tives, and assisted with the creation of an
environmental law clinic at the University
of Costa Rica the first of its kind in
Latin America.
Ankersen's career began in environ-
mental planning near his home in Brevard
..: County, where he felt there was a limit
to what he could achieve, prompting his
decision to leave the lure of the surf and
pursue a law degree at landlocked UF.
After graduation he worked as a
P .senior litigation associate for Miami
environmental and land use law spe-
cialty firm, Peeples, Earl & Blank. He
turned down a partnership opportunity
to pursue a public interest law career
with the Sierra Club Legal Defense
Fund, Inc., now known as Earthjustice,
a non-profit law firm that advocates for
the environment. A transnational case
involving pesticides and migratory birds
in Central America piqued his interest in
international environmental issues and
led him to UF Law's Center for Govern-
mental Responsibility.
Once at UF Law, he pioneered new
steps in sustainability and conservation.
Upon receiving a multi-year grant from the
MacArthur Foundation, Ankersen stepped


4 UF LAW ENVIRONMENTAL & LAND USE LAW
























outside the Gator Nation to help develop
a network of environmental law groups
in MesoAmerica, work on larger than life
wildlife law issues in tribal Africa, and assist
with communal forest management regimes in
the Brazilian Amazon and the Maya Forest of
Mexico, Guatemala and Belize.
"We were pioneers," he said. "We would
show up in remote forest communities sur-
rounded by conservation biologists asking,
'what's a lawyer doing out here?"'
The MacArthur grant and other donors
enabled Ankersen to work with colleagues
in Costa Rica to establish the first in-house
environmental law clinic in Latin America
at the University of Costa Rica and formally
associate it with UF Law's Costa Rica study
abroad program in international and com-
parative environmental law and policy.
"The Costa Rica Program is unique
in the extent it collaborates with the Costa
Rica clinic students on policy projects in the
region," Ankersen said. "It allows law and
graduate students to examine international
and comparative law from upside down -
from South to North."
Teaching environmental law with an
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emphasis on Latin America has been one of
his biggest challenges. "You have to deal
with a completely different language, legal
system and cultural complexities," he said.
A desire to bring law students into his
work both domestically and internationally
led Ankersen to develop the UF Law Con-
servation Clinic. This policy-focused clinic
provides both law and graduate students
the opportunity to work on cutting edge
environmental and land use law and policy
issues. As its director, Ankersen considers the
Conservation Clinic's success to be one of
his greatest accomplishments.
'We've been able to bring the clinic
to the point where students are given the
opportunity to develop their skills on projects
that have real world implications," Ankersen
explained. "What's gratifying is what they
get out of it and what we've been able to
supply to the clients."
Not only does this clinic provide real-
world experience to its students, the clinic
has had success in making law. Several
students working with the Gainesville-based
Caribbean Conservation Corporation drafted
a statute requiring notice to purchasers of



I/


oceanfront real estate that the property was
subject to coastal erosion and provided
comments on coastal armoring rulemak-
ing that were incorporated into the rule and
subsequent legislation. Students have also
drafted conservation easements, a local
wetland ordinance, comprehensive plan
amendments and green deed restrictions for
new communities.
"When students contribute to lawmak-
ing while in law school that's my idea
of success, and employers appreciate that
as well," Ankersen said. "Nothing beats
seeing a student getting a start on an envi-
ronmental law career as a result of their
work in the clinic."
Ankersen's 2007 appointment as the
UF Provost's first Faculty Fellow in Sus-
tainability led to the development of a new
undergraduate minor in sustainability and
interdisciplinary collaboration in sustain-
ability teaching, research and education.
Future goals include developing a graduate
certificate in sustainability and emphasiz-
ing sustainability service learning in other
colleges at UF based on models like the
Conservation Clinic.


WWW.LAW.UFL.EDU/ELULP 5





























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Extending the Reach

Clinical Environmental

Law in Latin America
by Thomas T. Ankersen


The Amazon forest begins in the
Brazilian State of Mato Grosso,
the southern front in an epic battle
against deforestation that is a threat to
the health of the entire planet. Recogniz-
ing Mato Grosso's strategic conservation
importance and the growing importance
of law in an often lawless frontier, the
University of Florida's Moore Foun-
dation-funded Amazon Conservation
Leadership Initiative decided to invest in
the law school at the Federal University
of Mato Grosso (UFMT) and leverage the
resources and experience of UF Law and
its Costa Rica Program.
In 2007, the Moore Foundation's
program sponsored Giselle Ferriera
from UFMT to participate in the Costa
Rica Program and learn more about the
operation of environmental clinics. In
Costa Rica she worked with UF students
Elizabeth Manno and Claudia Stickler


and Costa Ricans in the UCR Consultorio
Juridico Ambiental on a strategic plan
to develop the UFMT Escrit6rio Modelo
de Advocacia Ambiental. Ferriera and
her students will now work with the state
prosecutor of Mato Grosso to develop
and bring deforestation cases with the
hope that UFMT will be a model for other
Amazon state universities.
For the next several years, two
students from UFMT will travel to Costa
Rica to work on projects that they can
apply at home in Brazil. This summer UF
Law student Michael Willson (2L), who
speaks Portuguese, will assist the UFMT
students in the design of an environmen-
tal services payment program, learning
from Costa Rica's highly touted model.
UF Law environmental program faculty
will be invited to lecture in UFMT's new
master's degree in environmental law
during the regular academic year.


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8 UF LAW ENVIRONMENTAL & LAND USE LAW


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Heather Ann Halter
2007 KNAUSS SEA GRANT MARINE POLICY FELLOW

Where were you placed?
I worked for the National Oceanic and Atmospheric Administration, National Marine
Fisheries Service, Highly Migratory Species Management Division (HMS). HMS writes fishery
management plans for all of the Atlantic highly migratory fish species billfish, sharks, tuna
and swordfish. Due to the complicated inter-jurisdictional nature of these migratory fish, state,
federal and international laws all intersect in their management. HMS actions are mandated by
the Magnuson-Stevens Fishery Conservation and Management Act, Atlantic Tunas Convention
Act, and the International Commission for the Conservation of Atlantic Tunas (ICCAT).

What did you do?
I was able to write a proposed and final swordfish fishery rule published in the Federal
Register. I also wrote an environmental assessment for that rule. It was a great learning
experience to be able to assist in the environmental impact statement and fishery
management plan for large coastal shark species. I attended and sometimes conducted
public hearings for the swordfish and shark rules, which included travel to New Jersey, New
York, Massachusetts, North Carolina, Florida and the U.S. Virgin Islands. In addition, I was
able to participate in international meetings for ICCAT. Our Knauss 2007 class took a week-
long trip to the coast of Oregon where we visited sanctuaries and wildlife areas and learned
more about marine issues in other regions of the country.

What were the benefits?
Over the course of the year, I was able to network at events on Capitol Hill and at other
government agencies. I made contacts in the environmental law, science and policy
communities of Washington, D.C. and gained significant expertise in administrative law in
the fisheries field. I was also able to write a rule actual law that governs the conduct of
swordfish fishermen in federal waters. It's gratifying to feel like I left a mark that will make a
difference in managing highly migratory fish species.


WWW.LAW.UFL.EDU/ELULP 9




























C. Anthony Arnold


Dawn Jourdan
Dawn Jourdan


Alexandra Klass


Luis E. Rodriguez-Rivera Ronald L. Weaver


Environmental and Land Use Law Speakers


The Levin College of Law's Environ-
mental and Land Use Law program
began its spring 2008 Environmen-
tal Speaker Series Jan. 24 with a presenta-
tion by Assistant Professor
Dawn Jourdan titled "Evidence-based
Ordinance Drafting: The Regulation of
Signage Based on Scholarship."
The series featured nationally known
scholars and practicing attorneys who came
to the law school campus to present their
research to Environmental and Land Use
Law (ELUL) students and faculty.
The seminars, which allow students to
explore new perspectives, are part of the
capstone colloquium for certificate i


knowledge of environmental and land use
law. The speaker series is made possible
through the support of the Environmental
and Land Use Law Section of The Florida
Bar and the law firms of Hopping Green
& Sams, P.A. and Lewis Longman &
Walker, P.A.

Spring 2008 speakers included:
* Dawn E. Jourdan, Assistant Profes-
sor of Law and Professor of Urban
and Regional Planning, University of
Florida, on
""Evidence-


based Ordinance Drafting: The Regula-
tion of Signage Based on Scholarship."
* Alexandra Klass, Associate Profes-
sor of Law, University of Minnesota
Law School, on "Modern Public Trust
Principles: Recognizing Rights and
Integrating Standards."
* Luis E. ("Ricky") Rodriguez-Rivera,
Associate Professor of Law, Univer-
sity of Puerto Rico School of Law, on
"The Development of Land Use Law in
Puerto Rico."
* C. Anthony Arnold, Boehl Chair in
Property and Land Use & Professor of
S Law, University of Louisville,
Louis D. Brandeis School of
Law, on "Models of Clean-
Water Land Use."
* Ronald L. Weaver, Shareholder,
- Steams Weaver Miller Weissler Alhad-
eff & Sitterson, P.A., on "Concurrency,
Proportionate Fair Share, and Other
Land Use Hot Topics."


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10 UF LAW ENVIRONMENTAL & LAND USE LAW


















Focus of Nelson Symposium

Green Building Practices


The implications of a wide range
of efforts on the local, state and
national levels designed to encour-
age and require Green Building practices
were explored at the Seventh Annual
Richard E. Nelson Symposium, Friday,
Feb. 15, at the University of Florida Hil-
ton Conference Center.
Presented by the UF Levin College
of Law and co-sponsored by the Envi-
ronmental and Land Use Law Section of
The Florida Bar and The Florida Bar City
County and Local Government Section,
this year's conference was titled "Green
Building: Prospects and Pitfalls for Local
Governments." The event drew experts
from law and related fields who discussed
topics including Leadership in Energy and
Environmental Design (LEED) and other
certification programs, state and local
climate change initiatives, private environ-
mental lawmaking, building industry and
local government programs, and national
trends.
The state of Florida is positioning itself
to be in the forefront of governmental
efforts to incorporate design and con-
struction practices that will yield energy
efficiency, enable the conservation of
resources and protect the environment.
Some local governments and universi-
ties have also been experimenting with
their own Green Building programs. This
rapidly changing field presents challenges
and potential problems for local govern-
ment counsel, as well as attorneys who
specialize in real estate, land use, environ-
mental and construction law.
Speakers included Bahar Armaghani,
assistant director of the University of
Florida Facilities Planning & Construc-
tion Division; Douglas Buck, director


of governmental affairs, Florida Home
Builders Association; Kristen H. Engel,
professor, University of Arizona James
E. Rogers College of Law; David J.
Heekin, Esq., Landmark Title, Jackson-
ville, Fla.; Charles J. Kibert, professor,
University of Florida M.E. Rinker, Sr.
School of Building Construction; Errol
E. Meidinger, Vice Dean for Research
and professor, University at Buffalo Law
School, State University of New York;
Michael Allan Wolf, Richard E. Nelson
Chair in Local Government Law, UF
Levin College of Law; Joshua Yaffin,
Energy Coordinator, Florida Depart-


ment of Management Services; and
Jariel Bortnick, J.D. candidate, UF Levin
College of Law.
This was the seventh symposium
honoring Richard E. Nelson-who served
with distinction as Sarasota County
attorney for 30 years-and Jane Nelson,
two UF alumni who gave more than $1
million to establish the Richard E. Nelson
Chair in Local Government Law, which
sponsors the annual event. Their support
of the Levin College of Law's Environ-
mental and Land Use Program has been
key to the program's success and national
recognition for excellence.

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