Presentation
Time:
Environmental and Water Law CLE
Date:
9:00 am –
4:00 pm
McCollum Hall Room: 171
1875 N 42nd St
Lincoln NE 68583
Lincoln NE 68583
Contact:
Anthony Schutz, anthony@unl.edu
Students from Professor Schutz’s Environmental and Water Resource Management Seminar will present their papers.
SESSION 1
9:00 - Welcome and Opening Remarks
9:30 - Max Beal: Weeds of Mass Destruction: An Analysis of the Potential Liability Facing Farmers who Contribute to the Spread of Invasive Weed Species
Max Beal is from Kenesaw, NE and is a third-year law student at the University of Nebraska College of Law. His paper, Weeds of Mass Destruction: An Analysis of the Potential Liability Facing Farmers who Contribute to the Spread of Invasive Weed Species, uses Nebraska law as a primary mode of analyzing whether liability could exist for farmers who fail to take reasonable measures to control invasive weeds in their fields, enabling such weeds to then spread to and harm neighboring properties. He chose this topic because he is closely connected to his family’s farming operation in central Nebraska and believes this could be a significant issue facing farmers in the near future. The goal of this paper is to inform farmers (and their legal representatives) about how liability could be established so that they can implement measures and practices necessary to avoid such liability from the outset.
10:00 - Sam Clausen: Failures within ESG State Law Stresses the Need for Federal Regulation
Originally from St. Cloud, Minnesota, Sam Clausen is a 3L at the University of Nebraska College of Law. He has two concentrations in business transactions and real estate transactions. His paper, Failures within ESG State Law Stresses the Need for Federal Regulation, touches on different state-level approaches to ESG and why they are ineffective. Sam chose to write about state ESG law because while several papers touch on the effects of federal ESG law, most articles ignored the recently promulgated state law.
10:30 - Gunnar Buchhammer: Navigating Native American Water Rights: Criticisms and Recommendations of Negotiated Settlements
Gunnar Buchhammer is from Scottsbluff, NE and is currently a third-year law student at the University of Nebraska College of Law. His paper, titled Navigating Native American Water Rights: Criticisms and Recommendations of Negotiated Settlements, details the history of federally reserved water right for Native Americans, quantification disputes, the trend towards settlements, their criticisms, and finally lays out a few recommendations for the path forward. He chose this topic because he found federally reserved water rights particularly interest in a water law course. The goal of the paper is to provide some insight on the negotiated settlement process.
(11:00 - Break)
SESSION 2
11:30 - Jason Evans: A Two-Pronged Approach to Addressing Fossil Fuel Greenwashing
Jason Evans is from Omaha, NE and is a third-year law student at the University of Nebraska College of Law. His paper, A Two-Pronged Approach to Addressing Fossil Fuel Greenwashing examines two regimes of administrative law that could help reduce greenwashing done by major American fossil fuel corporations. He analyzes new SEC regulations for mandatory disclosures and a hypothetical revision of FTC regulations known as the Green Guides. He chose this topic because he feels strongly that American fossil fuel corporations are abusing their outsize power to lie to the public without fear of consequences in the midst of the existential crisis of climate change.
12:00 - Brad Kimball: International Agreements and Thier Effectiveness in Preventing Conflict Over Space Resources
Brad Kimball, from Boston, Massachusetts, is a second-year law student at the University of Nebraska College of Law, and a recipient of the Dean’s Honor Scholarship. He formerly served as 1L Co-Chairman of the Space, Cyber, & Telecommunications Law Club at Nebraska Law. Interested in the legalities of outer space, Brad’s paper, International Agreements and Thier Effectiveness in Preventing Conflict Over Space Resources, analyzes the adequacy of international frameworks like the 1967 Outer Space Treaty in managing extraterrestrial resource allocation and territorial claims. His research highlights the necessity for an updated international legal framework to govern space exploration and usage challenges. Brad aspires to specialize in Mergers & Acquisitions law within the space industry.
12:30 - Anthony Budell: Standing Spitting Feathers: An Analysis of Public Interest Standing Under Nebraska Water Law
Anthony is from Lincoln, Nebraska and is a third-year law student at the University of Nebraska College of Law. His paper, Standing Spitting Feathers: An Analysis of Public Interest Standing Under Nebraska Water Law, discusses a line of cases from the Nebraska Supreme Court in which Natural Resource Districts have been barred from contesting water-rights applications before the Department of Natural Resources due to a perceived lack of standing. Anthony’s paper explores potential solutions to this issue through an incorporation of public-interest standing into Nebraska’s water law regulatory scheme. Anthony chose this topic due to his growing interest in water law, and in light of the Nebraska Supreme Court’s recent opinion–In re Application A-19594 (2023). The end-goal is that the paper can add to the wider discussion of how water as a resource in Nebraska can be protected and preserved for future generations.
1:00 - Isabella Jacobsen: Regulation to Implementation: Analyzing Efficacy of Nutrient Management Plans in Mitigating Water Pollution
Isabella Jacobsen is from Eastvale, CA and is a second-year law student at the University of Nebraska College of Law. Isabella holds a Bachelors in Animal Science with a focus on Livestock Production from the University of Nebraska-Lincoln. Her paper, Regulation to Implementation: Analyzing Efficacy of Nutrient Management Plans in Mitigating Water Pollution, analyzes Clean Water Act regulations over agricultural operations and state level policies for enacting the NPDES program. The goal of the paper is to break down the current state of Clean Water Act regulations and their effect on state water quality.
(1:30 - Break)
SESSION 3
2:00 - Emma Guifoil: The Benefits of Regional Water Quality Regulation
Emma Guilfoil is from Santa Rosa, CA and is a third-year law student at the University of Nebraska College of Law. Her paper, The Benefits of Regional Water Quality Regulation, explains the benefits of giving regional state regulatory agencies the authority to regulate water quality in their jurisdiction using California’s State and Regional Water Boards as examples. She chose this topic because she is interested in water law, especially water quality, and wanted to greater explore the area. The paper aims to highlight how regulating water quality at the regional level can lead to more flexible and applicable water quality regulations. While at the same time showing how regulating at the state level can create overburdensome regulations due to the increased number of interests that have to be covered.
2:30 - Jessie Sadlon: Two Birds, Two Stones: Separating Biodiversity Conservation from Intellectual Property
Jessie Sadlon is a third-year law student at the University of Nebraska College of Law. Her paper, Two Birds, Two Stones: Separating Biodiversity Conservation from Intellectual Property, questions the justifications for an origin disclosure requirement in patent systems. Generally, this paper speculates whether patent law is an appropriate medium to effectuate biodiversity conservation, and explores alternative strategies to address biological resource exploitation. She found this topic relevant to her interests in patent policy and prosecution, along with her background in biomedical research.
3:00 - Brian Allen: Systemic Pesticides Causing Systemic Problems: Why Nebraska Must Enact Regulations to Restrict and Limit the Use of Neonicotinoid Pesticides
Brian Allen is a third-year law student at the University of Nebraska College of Law, and is from Chaska, MN. He is completing an Individualized Program of Study in Business Compliance Law. His paper, Systemic Pesticides Causing Systemic Problems: Why Nebraska Must Enact Regulations to Restrict and Limit the Use of Neonicotinoid Pesticides, examines the current regulatory status of neonicotinoids in the U.S., which states have already begun regulating their use, and why Nebraska must join them. He chose this topic after learning about the AltEn disaster outside of Mead, NE. Brian hopes that neonicotinoid pesticides will one day be phased out in favor of alternative pest control methods that are less harmful to the environment.
3:30 - Ben Schultz: Texas v. New Mexico (2018): A (Rough) Roadmap for Federal Intervention in Interstate Water Compact Disputes
Ben Schulz is from Omaha, NE and is a third-year law student at the University of Nebraska College of Law. His paper, Texas v. New Mexico (2018): A (Rough) Roadmap for Federal Intervention in Interstate Water Compact Disputes, explains the Supreme Court’s decision and rationale for why the Court allowed the United States to join a suit between party-states to an interstate water compact without being a signatory to that compact. He chose this topic because he found the opinion of the Court confusing. The goal of the paper is to break down the reasoning of the Court to some level of guidance for states that are already a part of of or entering into interstate compacts.
PARKING: Please park in the the large lot to the south of the law college and bring your license-plate number with you. A parking-registration sheet will be near the entrance to room 171. The lot to the west of law college also provides parking for a fee, accessible through the Passport parking app on your phone.
SESSION 1
9:00 - Welcome and Opening Remarks
9:30 - Max Beal: Weeds of Mass Destruction: An Analysis of the Potential Liability Facing Farmers who Contribute to the Spread of Invasive Weed Species
Max Beal is from Kenesaw, NE and is a third-year law student at the University of Nebraska College of Law. His paper, Weeds of Mass Destruction: An Analysis of the Potential Liability Facing Farmers who Contribute to the Spread of Invasive Weed Species, uses Nebraska law as a primary mode of analyzing whether liability could exist for farmers who fail to take reasonable measures to control invasive weeds in their fields, enabling such weeds to then spread to and harm neighboring properties. He chose this topic because he is closely connected to his family’s farming operation in central Nebraska and believes this could be a significant issue facing farmers in the near future. The goal of this paper is to inform farmers (and their legal representatives) about how liability could be established so that they can implement measures and practices necessary to avoid such liability from the outset.
10:00 - Sam Clausen: Failures within ESG State Law Stresses the Need for Federal Regulation
Originally from St. Cloud, Minnesota, Sam Clausen is a 3L at the University of Nebraska College of Law. He has two concentrations in business transactions and real estate transactions. His paper, Failures within ESG State Law Stresses the Need for Federal Regulation, touches on different state-level approaches to ESG and why they are ineffective. Sam chose to write about state ESG law because while several papers touch on the effects of federal ESG law, most articles ignored the recently promulgated state law.
10:30 - Gunnar Buchhammer: Navigating Native American Water Rights: Criticisms and Recommendations of Negotiated Settlements
Gunnar Buchhammer is from Scottsbluff, NE and is currently a third-year law student at the University of Nebraska College of Law. His paper, titled Navigating Native American Water Rights: Criticisms and Recommendations of Negotiated Settlements, details the history of federally reserved water right for Native Americans, quantification disputes, the trend towards settlements, their criticisms, and finally lays out a few recommendations for the path forward. He chose this topic because he found federally reserved water rights particularly interest in a water law course. The goal of the paper is to provide some insight on the negotiated settlement process.
(11:00 - Break)
SESSION 2
11:30 - Jason Evans: A Two-Pronged Approach to Addressing Fossil Fuel Greenwashing
Jason Evans is from Omaha, NE and is a third-year law student at the University of Nebraska College of Law. His paper, A Two-Pronged Approach to Addressing Fossil Fuel Greenwashing examines two regimes of administrative law that could help reduce greenwashing done by major American fossil fuel corporations. He analyzes new SEC regulations for mandatory disclosures and a hypothetical revision of FTC regulations known as the Green Guides. He chose this topic because he feels strongly that American fossil fuel corporations are abusing their outsize power to lie to the public without fear of consequences in the midst of the existential crisis of climate change.
12:00 - Brad Kimball: International Agreements and Thier Effectiveness in Preventing Conflict Over Space Resources
Brad Kimball, from Boston, Massachusetts, is a second-year law student at the University of Nebraska College of Law, and a recipient of the Dean’s Honor Scholarship. He formerly served as 1L Co-Chairman of the Space, Cyber, & Telecommunications Law Club at Nebraska Law. Interested in the legalities of outer space, Brad’s paper, International Agreements and Thier Effectiveness in Preventing Conflict Over Space Resources, analyzes the adequacy of international frameworks like the 1967 Outer Space Treaty in managing extraterrestrial resource allocation and territorial claims. His research highlights the necessity for an updated international legal framework to govern space exploration and usage challenges. Brad aspires to specialize in Mergers & Acquisitions law within the space industry.
12:30 - Anthony Budell: Standing Spitting Feathers: An Analysis of Public Interest Standing Under Nebraska Water Law
Anthony is from Lincoln, Nebraska and is a third-year law student at the University of Nebraska College of Law. His paper, Standing Spitting Feathers: An Analysis of Public Interest Standing Under Nebraska Water Law, discusses a line of cases from the Nebraska Supreme Court in which Natural Resource Districts have been barred from contesting water-rights applications before the Department of Natural Resources due to a perceived lack of standing. Anthony’s paper explores potential solutions to this issue through an incorporation of public-interest standing into Nebraska’s water law regulatory scheme. Anthony chose this topic due to his growing interest in water law, and in light of the Nebraska Supreme Court’s recent opinion–In re Application A-19594 (2023). The end-goal is that the paper can add to the wider discussion of how water as a resource in Nebraska can be protected and preserved for future generations.
1:00 - Isabella Jacobsen: Regulation to Implementation: Analyzing Efficacy of Nutrient Management Plans in Mitigating Water Pollution
Isabella Jacobsen is from Eastvale, CA and is a second-year law student at the University of Nebraska College of Law. Isabella holds a Bachelors in Animal Science with a focus on Livestock Production from the University of Nebraska-Lincoln. Her paper, Regulation to Implementation: Analyzing Efficacy of Nutrient Management Plans in Mitigating Water Pollution, analyzes Clean Water Act regulations over agricultural operations and state level policies for enacting the NPDES program. The goal of the paper is to break down the current state of Clean Water Act regulations and their effect on state water quality.
(1:30 - Break)
SESSION 3
2:00 - Emma Guifoil: The Benefits of Regional Water Quality Regulation
Emma Guilfoil is from Santa Rosa, CA and is a third-year law student at the University of Nebraska College of Law. Her paper, The Benefits of Regional Water Quality Regulation, explains the benefits of giving regional state regulatory agencies the authority to regulate water quality in their jurisdiction using California’s State and Regional Water Boards as examples. She chose this topic because she is interested in water law, especially water quality, and wanted to greater explore the area. The paper aims to highlight how regulating water quality at the regional level can lead to more flexible and applicable water quality regulations. While at the same time showing how regulating at the state level can create overburdensome regulations due to the increased number of interests that have to be covered.
2:30 - Jessie Sadlon: Two Birds, Two Stones: Separating Biodiversity Conservation from Intellectual Property
Jessie Sadlon is a third-year law student at the University of Nebraska College of Law. Her paper, Two Birds, Two Stones: Separating Biodiversity Conservation from Intellectual Property, questions the justifications for an origin disclosure requirement in patent systems. Generally, this paper speculates whether patent law is an appropriate medium to effectuate biodiversity conservation, and explores alternative strategies to address biological resource exploitation. She found this topic relevant to her interests in patent policy and prosecution, along with her background in biomedical research.
3:00 - Brian Allen: Systemic Pesticides Causing Systemic Problems: Why Nebraska Must Enact Regulations to Restrict and Limit the Use of Neonicotinoid Pesticides
Brian Allen is a third-year law student at the University of Nebraska College of Law, and is from Chaska, MN. He is completing an Individualized Program of Study in Business Compliance Law. His paper, Systemic Pesticides Causing Systemic Problems: Why Nebraska Must Enact Regulations to Restrict and Limit the Use of Neonicotinoid Pesticides, examines the current regulatory status of neonicotinoids in the U.S., which states have already begun regulating their use, and why Nebraska must join them. He chose this topic after learning about the AltEn disaster outside of Mead, NE. Brian hopes that neonicotinoid pesticides will one day be phased out in favor of alternative pest control methods that are less harmful to the environment.
3:30 - Ben Schultz: Texas v. New Mexico (2018): A (Rough) Roadmap for Federal Intervention in Interstate Water Compact Disputes
Ben Schulz is from Omaha, NE and is a third-year law student at the University of Nebraska College of Law. His paper, Texas v. New Mexico (2018): A (Rough) Roadmap for Federal Intervention in Interstate Water Compact Disputes, explains the Supreme Court’s decision and rationale for why the Court allowed the United States to join a suit between party-states to an interstate water compact without being a signatory to that compact. He chose this topic because he found the opinion of the Court confusing. The goal of the paper is to break down the reasoning of the Court to some level of guidance for states that are already a part of of or entering into interstate compacts.
PARKING: Please park in the the large lot to the south of the law college and bring your license-plate number with you. A parking-registration sheet will be near the entrance to room 171. The lot to the west of law college also provides parking for a fee, accessible through the Passport parking app on your phone.
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