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Symposium

Environmental and Energy Regulation Reformation: Challenges and Solutions After West Virginia v. EPA, Sackett v. EPA, and Loper Bright Enterprises v. Raimondo

Minnesota Law Review is excited to present the Fall 2024 Symposium, Environmental and Energy Regulation Reformation: Challenges and Solutions After West Virginia v. EPA, Sackett v. EPA, and Loper Bright Enterprises v. Raimondo.

This Symposium will focus on recent U.S. Supreme Court decisions and the implications of those decisions across sectors and levels of government. Panelists will discuss how today’s regulatory landscape came to be, challenges that landscape presents to achieving successful environmental and energy regulation, and solutions to move forward. Ultimately, the Symposium seeks to present a balanced scholarly discussion of who is in charge of environmental and energy regulation in the United States, and who should be involved going forward.

The Symposium will take place on October 18, 2024 at the University of Minnesota Law School, located at 229 S. 19th Street, Minneapolis, MN 55454.

Complete the RSVP form to confirm attendance today, and please contact Shannon Schooley, MLR’s Symposium Articles Editor, at schooley@umn.edu, if you have any questions!

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Schedule:

Registration & Breakfast | 8:30 – 9:00 AM
Opening Remarks | 9:00 – 9:20 AM
Keynote | 9:20 – 10:10 AM

Alexandra Klass, James G. Degnan Professor of Law and Co-director of Environmental and Energy Law Program, University of Michigan Law School; Former Deputy General Counsel at the U.S. Department of Energy; co-author of Energy and Eminent Domain, 104 Minn. L. Rev. 659 (2019); co-author of Repurposed Energy, 109 Minn. L. Rev. ___ (forthcoming).

Professor Klass will discuss challenges and opportunities associated with the clean energy transition at the federal, state, and local levels of government. She will also evaluate the potential role of the “abundance” agenda to move beyond recent judicial limitations on the use of government regulations to protect the environment and address climate change.

Panel #1 – Environmental & Energy Regulation at the U.S. Supreme Court | 10:25 – 11:40 AM

Recent Supreme Court decisions like West Virginia v. EPA and Sackett v. EPA have limited the reach of particular federal environmental statutes. Additionally, the Supreme Court’s decision to overturn Chevron deference in Loper Bright Enterprises v. Raimondo may limit federal agencies’ ability to regulate the environment under existing legislation. This panel will discuss these pivotal cases and their implications for federal environmental and energy regulation.

Moderated by Nicholas Bednar, Associate Professor of Law, University of Minnesota Law School

Panelists:

  • Robin Craig, Robert A. Schroeder Distinguished Professor, University of Kansas School of Law; co-author of 4°C, 106 Minn. L. Rev. 191 (2021); author of ___, 109 Minn. L. Rev. ___ (forthcoming)
  • Kamaile Turcan, Associate Professor of Law, University of Hawai’i William S. Richardson School of Law;  author of ___, 109 Minn. L. Rev. ___ (forthcoming)
  • Jack Whiteley, Associate Professor of Law, University of Minnesota Law School; author of ___, 109 Minn. L. Rev. ___ (forthcoming)
Lunch | 12:00 – 1:00  PM
Panel #2 – Environmental and Energy Federalism in the Wake of New Supreme Court Jurisprudence | 1:00 – 2:15 PM

Alongside key federal legislation and regulations, state, regional, and local governments have a role to play in regulating the environment and energy infrastructure. This panel will discuss the unique challenges at each level of government and potential innovative solutions to overcome challenges, including through negotiating federalism, collaborative governance, and local distributed energy.

Moderated by James Coleman, Professor of Law, University of Minnesota Law School; Nonresident Senior Fellow focusing on Energy, American Enterprise Institute; 2024 IonE Fellow, University of Minnesota Institute on the Environment

Panelists:

  • Erin Ryan, Elizabeth C. & Clyde W. Atkinson Professor and Associate Dean for Environmental Programs, Florida State University College of Law; author of ___, 109 Minn. L. Rev. ___ (forthcoming)

  • Danielle Stokes, Associate Professor of Law, University of Richmond Law School; author of Renewable Energy Federalism, 106 Minn. L. Rev. 1757 (2022); author of ___, 109 Minn. L. Rev. ___ (forthcoming)
Panel #3 – Environmental Issues and Solutions in the Private Sector  | 2:30 – 3:45 PM

In the absence of strong environmental regulation, private actors may both take advantage of or seek to fill the gaps. This panel will discuss both sides of the gap in regulation, including examples of exploitation such as water rights speculation and practical solutions in private environmental governance.

Moderated by Brett McDonnell, Dorsey & Whitney Chair in Law, University of Minnesota Law School; Co-director, Institute for Law and Economics

Panelists:

  • Vanessa Casado Perez, Professor of Law, Texas A&M School of Law; Research Associate Professor, Texas A&M Department of Agricultural Economics; author of Water Rights and Wrongs, 109 Minn. L. Rev. ___ (forthcoming)

  • Elodie Currier, co-author of Filling the Sackett Gap: The Private Governance Option, 109 Minn. L. Rev. ___ (forthcoming)

  • Steph Tai, Professor of Law, University of Wisconsin Law School; Associate Dean, University of Wisconsin-Madison Nelson Institute for Environmental Studies; co-author of Filling the Sackett Gap: The Private Governance Option, 109 Minn. L. Rev. ___ (forthcoming)
Closing Remarks | 3:45 – 4:00 PM
Reception | 4:00 – 5:30 PM

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CLE Credits:

For those that are interested in obtaining CLE credit for attending the symposium, a total of 4.75 standard credits have been requested from the Minnesota Board of Continuing Legal Education. Registration and in-person attendance are required in order to be eligible for CLE credit.