Balancing Private and Public Rights in the Coastal Zone in the Era of Climate Change: The Fifteenth Anniversary of Lucas v. South Carolina Coastal Council
September 20-21, 2007, Columbia, South Carolina
Since founding the Coastal Conservation League in 1989, Dana has received awards from many institutions, including the United States Environmental Protection Agency, the South Carolina General Assembly, and the American Institute of Architects. In 1998, Dana was named one of ten Heroes for the Planet by Time Magazine's, Time for Kids. In March of 2000, he received the Order of the Palmetto, South Carolina's highest honor, awarded by the Office of the Governor for outstanding contributions to the state. He is the author of the Pew Oceans Commission's publication."Coastal Sprawl: The Impacts of Development on Aquatic Ecosystems." He graduated magna cum laude from Davidson College and received his MBA from the Wharton School at the University of Pennsylvania.
Mark P. Becker, Executive Vice President for Academic Affairs & Provost, University of South Carolina
Dr. Mark P. Becker was appointed Executive Vice President for Academic Affairs and Provost at the University of South Carolina on September 1, 2004. He is responsible for leading the formulation and implementation of academic policy, including coordinating the University's teaching, research, and public service programs; supervision of the allocation of resources in all academic and academic support areas; formulation and implementation of policy with respect to academic employment, promotion, tenure, and faculty development; and representation of the University before external bodies. A key initiative overseen by Dr. Becker's office is the University's Faculty Excellence Initiative, a strategically focused faculty expansion program that will add more than 150 new tenured and tenure-track faculty lines in areas that will advance the institution as a recognized leader in education and research. This program complements the University's Centenary Professor program to increase the ranks of the research faculty, and the State-supported Centers of Economic Excellence endowed chairs program to stimulate an ambitious pace of hiring that has transformed the University of South Carolina to an institution that is categorized a "Very High Research," the highest designation, by the Carnegie Foundation for the Advancement of Teaching. Dr. Becker received his BS in Mathematics (Magna Cum Laude) from Towson State University in Maryland and his PhD in Statistics from The Pennsylvania State University. Dr. Becker was formerly dean of the School of Public Health at the University of Minnesota and associate dean for academic affairs and professor of biostatistics at the University of Michigan School of Public Health. Dr. Becker was elected a fellow of the American Statistical Association in 1999 and has been the principal investigator on research grants from the National Institutes of Health and the National Science Foundation. He has published extensively in leading journals, and his doctoral students have gone on to successful careers in leading higher education institutions and with multinational companies. Dr. Becker has served on a number of editorial boards, was co-editor of Sociological Methodology (2000, Blackwell Publishing), and has been a guest editor for Sociological Methods and Research and for the Journal of the American Statistical Association. Dr. Becker has served on and chaired numerous committees for universities, professional associations, government agencies, and foundations.
Professor Vicki Been, the Elihu Root Professor of Law at NYU School of Law, has been on faculty at NYU since 1990. She is the Faculty Director of the Root-Tilden-Kern Scholarship Program and is the Director of the Furman Center for Real Estate and Urban Policy. Been's scholarship examines the Fifth Amendment's prohibition against the taking of property without just compensation, municipalities' use of exactions and impact fees as a financing and regulatory tool, the use of eminent domain, environmental justice, and the neighborhood impacts of a public and private investments in housing, schools, green space, and municipal services. She has written about the dynamics of community negotiations with developers. She is the co-author of the nation's leading land use casebook, Land Use Controls, with Robert Ellickson, along with dozens of articles. Been is a 1983 graduate of New York University School of Law, where she was a Root-Tilden Scholar. She clerked for Judge Edward Weinfeld of the Southern District of New York and for Justice Harry Blackmun of the Supreme Court of the United States. The Furman Center is New York's leading academic research center devoted to the public policy aspects of land use, real estate development and housing. Through its studies of how public and private investments and regulatory interventions affect the quality of urban neighborhoods, the Furman Center: provides objective academic and empirical research; promotes frank and productive discussions among elected officials, leaders of the real estate industry, and housing and community development organizations; and presents data about the New York City's neighborhoods and its housing and land use policies and practices.
Peggy Bensinger is an Assistant Attorney General in Maine, specializing in wetland, coastal, wildlife, and general land use issues. She advises the Maine Department of Environmental Protection and the Board of Environmental Protection as well as the Maine State Planning Office. Her position is a key part of Maine's networked coastal zone management program (Maine Coastal Program). Peggy is Governor John Baldacci's delegate to the Coastal States Organization's Legal Council. Peggy handled the takings case of Wyer v. Board of Environmental Protection, a successful post-Lucas defense of the denial of a permit to build in Maine's sand dune system. She has also been involved in several revisions of Maine's Coastal Sand Dune regulations, including in the development of the variance provision which has now been included in those regulations. Peggy has been with Maine's Office of the Attorney General since 1984. She holds a JD from the University of Maine School of Law in Portland, ME. She graduated cum laude from Dartmouth College in 1977 with a BA in Government and a Certificate in Environmental Studies.
Meg Caldwell has dedicated her career to environmental law, having worked as an attorney, professor, and board member in the field. Her scholarship has focused on the environmental effects of local land use decisions, the use of science in environmental and marine resource policy development and implementation, and developing private and public incentives for natural resource conservation. A well-respected figure in environmental law, she was selected as the chair of the California Coastal Commission and served on that body for nearly three years. While Chair of the Commission, Professor Caldwell also served on the board of the California Coastal Conservancy. She was appointed by the State Secretary of Resources to the California Marine Life Protection Act First Phase Blue Ribbon Task Force for the central coast and is currently serving on the Second Phase Blue Ribbon Task Force for the north central coast. Before joining the Stanford Law School faculty in 1994, Professor Caldwell was an instructor at California State University at San Jose and the University of California at Davis, counsel for MicroCLEAN, Inc., a member of the City of Saratoga Planning Commission, and an associate in the environmental law group of McCutchen, Doyle, Brown & Enersen. Professor Caldwell has an appointment (by courtesy) with the Woods Institute for the Environment.
Jimmy Chandler is an attorney who founded and is president of the non-profit South Carolina Environmental Law Project (SCELP) in Georgetown. SCELP is the only non-profit public interest environmental law firm in South Carolina. He has practiced law for 29 years, with the last 19 years being almost exclusively devoted to public interest environmental law throughout the State of South Carolina. Mr. Chandler served 9 years on the Georgetown County Planning Commission, where he was instrumental in striking compromises that resolved several key zoning controversies, and consistently worked for sound and balanced zoning rules to protect the special ambience of the Waccamaw Neck area.
Professor Kim Diana Connolly's areas of academic interest include natural resources and public lands law, particularly wetlands law and policy and other Clean Water Act matters. Her scholarly works have appeared in The Environmental Law Reporter, The Catholic University Law Review, The Washington University Journal of Law and Policy, The Vermont Journal of Environmental Law, The Southeastern Environmental Law Journal, and other publications. Professor Connolly served as co-editor of the ABA Wetlands Law and Policy: Understanding Section 404 book. She speaks regularly at national and international conferences on wetlands, coastal and other environmental matters. Most recently she testified before the United States House of Representatives Committee on Transportation and Infrastructure July 17, about the status of the nation's waters in reference to the Clean Water Act. Professor Connolly has taught the Environmental Law Clinic, Introduction to Environmental Law and Policy, Environmental Advocacy, Environmental Law of South Carolina, Public Interest Environmental Law Seminar, Legislation, and Interviewing, Counseling and Negotiating. She is also a member of the summer faculty at Vermont Law School (the #1 U.S. News and World Report-ranked environmental program) where she teaches Wetlands Law and Policy. Professor Connolly is also an associate faculty member of the University of South Carolina School of the Environment.
Mr. Davis joined the Tulane University Law School as a Senior Research Fellow and as the founding Director of the Tulane Institute on Water Resources Law and Policy in January 2007. For the prior fourteen years he served as executive director of the Coalition to Restore Coastal Louisiana where he helped shape programs and policies at the state and federal level to improve the stewardship of the wetlands and waters of coastal Louisiana, one of the world's greatest coastal and estuarine resources. He has practiced law in Indianapolis, the District of Columbia, and Chicago and has taught at the Indiana University (Indianapolis) School of Business and the IIT-Chicago Kent School of Law in Chicago. Mr. Davis as lectured widely on the topic of water resource management and stewardship and has testified numerous times before Congress on the need for a focused and effective commitment to the viability of coastal Louisiana and other vital natural treasures.
Dr. John M. Dean is a Distinguished Professor Emeritus, Senior Fellow in Science and Ocean Policy and special advisor to the Director of the Baruch Institute at the University of South Carolina. Dr. Dean holds his BA from Cornell College of Iowa and his MS and PhD in Aquatic Ecology from Purdue University and did post doctorate work at Duke University Marine Laboratory. His research emphasizes the age and growth of recreationally and commercially important fishes in fresh water, estuarine and oceanic ecosystems and environmental resource policy and management, and he has more than 100 publications in the refereed literature and numerous technical reports. Dr. Dean was awarded an honorary Doctor of Science degree by Cornell College of Iowa in 2003. His service on numerous advisory committees dealing with natural resource issues, and the role of science in the development and implementation of natural resources policies at the domestic and international level enables him to bring a unique perspective to his students and to policy makers. Dr. Dean served on the Committee on Technology and Marine Habitats and the Committee to Identify High-Priority Science to meet National Coastal Needs for the National Research Council of the National Academy of Sciences. He served on the South Carolina Coastal Council (1979-83), and was a member of the South Carolina Coastal Council Blue Ribbon Committee for Coastal Zone Management (1987). He served three terms on the South Atlantic Fishery Management Council, 1987-90 and 1999-2006. He chaired the Highly Migratory Species committee as well as serving on several other committees of the council and was the council delegate to the US ICCAT Advisory Committee. He served four terms on the United States Advisory Committee for the International Commission for the Conservation of Atlantic Tunas and was chairman 1992-96. Upon completion of his third term on the SAFMC, he was appointed to their external Science and Statistics Committee. Dr. Dean was appointed to the South Carolina Heritage Trust Advisory Board (1991-97) and was a member of the Advisory Board of the Land and Water Division of the South Carolina Department of Natural Resources from 1992-2007.
Dr Kirstin Dow (PhD, Clark University 1996, Geography) is an Associate Professor of Geography at the University of South Carolina and a Senior Research Fellow of the Stockholm Environment Institute. She has diverse policy and research experience related to vulnerability, weather and climate hazards, and human dimensions of global environmental change. Her current research efforts focus on assessing the potential uses of climate information for vulnerability reduction, adaptation, and improved environmental management. Her research has been published in journals such as Coastal Management, Risk Analysis, Environmental Hazards, Global Environmental Change, and the Journal of the American Water Works Association. With Tom Downing, she has recently completed The Atlas of Climate Change (Univ. of California Press), an illustrated review of climate change science, potential impacts, and policy responses. Currently, she is a co-PI of the Carolinas Integrated Sciences and Assessments (CISA) group one of eight NOAA RISA centers nationwide focusing on improving climate science for decision-making. She also serves as a Technical Advisor to the City of Columbia's Climate Protection Action Committee, a Member of the Technical Working Group on Cross-Cutting issues for the SC Climate, Energy, and Commerce Advisory Committee, and a member of the SC Shoreline Change Advisory Committee.
John D. Echeverria is the Executive Director of the Georgetown Environmental Law & Policy Institute at Georgetown University Law Center, which conducts research and education on legal and policy issues related to protection of the environment and conservation of natural resources. Mr. Echeverria is the former General Counsel of the National Audubon Society, the former General Counsel and Conservation Director of American Rivers, Inc., and a graduate of the Yale Law School and the Yale School of Forestry and Environmental Studies. He served as law clerk to the Honorable Gerhard Gesell of the U.S. District Court in the District of Columbia. Mr. Echeverria has written extensively on the takings issue and various other aspects of environmental and natural resource law. He frequently represents state and local governments, environmental organizations, planning groups and others in regulatory takings cases at all levels of the federal and state court systems. At the most recent annual meeting of the American Bar Association, Mr. Echeverria received the Jefferson Fordham Advocacy Award to recognize outstanding excellence within the area of state and local government law over a lifetime of achievement.
Mr. Finkel is a Professor of Law at the Charleston School of Law and is "of Counsel" to the Finkel Law Firm, LL where he was a founder and Managing Principal from 1970 to 2006. He has previously served as an Adjunct Professor of Trial Advocacy and Insurance Law at the University of South Carolina School of Law. He earned his BA degree from New York University and his JD degree from the University of South Carolina School of Law, and is an active member of the South Carolina and District of Columbia Bars. He is a past President of the South Carolina Trial Lawyers Association and has been a member of the South Carolina Bar's Board of Governors. In 2002, Mr. Finkel served on the South Carolina Senate Judiciary Committee's Real Property Rights Task Force Drafting Committee. Mr. Finkel has litigated commercial cases, complex matters and bankruptcy cases in many of the nation's trial courts and was the attorney for David H. Lucas in Lucas v. S.C. Coastal Council, 505 U.S. 1003.
Kristen Fletcher is Director of the Marine Affairs Institute and Rhode Island Sea Grant Legal Program at Roger Williams University School of Law where she directs legal research and outreach on marine resource and management issues to state and federal agencies, policy-makers, and coastal user groups across the nation. She conducts research and publishes on interdisciplinary approaches to marine law and resource issues including the Public Trust Doctrine, submerged lands conservation, and fisheries law and policy. Fletcher teaches Coastal and Ocean Law, Fisheries Law, and Natural Resources Law at the School of Law and in the Department of Marine Affairs at the University of Rhode Island (URI). She also manages the Roger Williams - URI Joint Degree Program and is President of The Coastal Society. Fletcher has a B.A. from Auburn University, J.D. from the University of Notre Dame School of Law, and LL.M. in Environmental and Natural Resources Law from Lewis & Clark Law School.
Michael B. Gerrard is a partner and head of the New York office of Arnold & Porter LLP. He has practiced environmental law in New York City since 1979 and has tried numerous cases and argued many appeals in federal and state courts and administrative tribunals. He was the 2004-2005 chair of the American Bar Association's 10,000-member Section of Environment, Energy and Resources. Gerrard has also taught environmental law as a member of the adjunct faculties of Columbia Law School and the Yale School of Forestry and Environmental Studies. He is author or editor of seven books, two of which were named Best Law Book of the Year by the Association of American Publishers: Environmental Law Practice Guide (twelve volumes, 1992) and Brownfields Law and Practice: The Cleanup and Redevelopment of Contaminated Land (four volumes, 1998). His latest book is Global Climate Change and U.S. Law (ABA 2007). Legal Media Group's Guide to the World's Leading Environment Lawyers, based on 4,000 questionnaires, reported that Gerrard "received more personal nominations for this guide than any other lawyer in the world." He received his B.A. from Columbia University and his J.D. from New York University Law School, where he was a Root Tilden Scholar.
C.C. Harness, III is an Environmental Attorney in the firm of Law offices of C.C. Harness, III in Mt. Pleasant, SC. His law practice focuses on negotiation and litigation of environmental matters arising from Federal, State and Local law. He also assists clients in land-use matters including zoning and environmentally sensitive development. Mr. Harness argued the State's case in Lucas v. South Carolina Coastal Council. He has written and lectured widely on environmental law for twenty-five years.
Dr. Brian Helmuth's research explores the effects of climate and climate change on the physiology and ecology of marine organisms. Specifically, he uses thermal engineering techniques, including a combination of field work, remote sensing and mathematical modeling, to forecast the impacts of climate change on coastal marine animals such as mussels and seastars. He uses similar techniques to examine the impacts of temperature and water flow on corals. A major goal of this approach is to predict where the effects of climate change are likely to be the most severe, a method of "ecological triage". To date his work has centered primarily on tropical coral reefs in Florida, the Caribbean and Central America, and on temperate rocky intertidal systems in the United States and Europe, but recent work in his lab has expanded to include salt marsh ecosystems throughout the continental U.S. Helmuth's work has shown some surprising results, and has suggested that our expectations of where to look for the effects of climate change in nature can be more complex than previously anticipated. For example, his research has shown that along the Pacific coast of the U.S., animal temperatures at sites in Oregon and Washington can be as hot or hotter than sites much farther to the south in California, due to the complex interaction of climate and tides in the region. As a result, we should not necessarily expect to see mortality at the southern ends of species range boundaries, but also at "hot spots" well within species ranges. This complexity suggests that unless we know where and when to look for impacts of climate change, many early impacts could go unnoticed.
Professor F. Patrick Hubbard has been a member of the University of South Carolina School of Law faculty since 1973. He currently teaches Torts, Jurisprudence, and Land Use Planning. In recent years, he has also taught Products Liability, Evidence, and Criminal Law. Before joining the faculty, Professor Hubbard was an associate at Mudge, Rose, Gutherie and Alexander (New York City) and was a staff attorney with Community Legal Services Program (Austin, Texas). He graduated Phi Beta Kappa from Davidson College. He received a JD from New York University School of Law and a LLM from Yale Law School. Professor Hubbard has written books on tort law and criminal law and has published dozens of articles and book chapters on criminal law, jurisprudence, torts, and land use planning. As a legal realist, he actively relates his scholarship to the world outside the law school. For example, his interest in land use planning includes working on a drafting committee for recent amendments to the South Carolina zoning enabling act, serving as chair of the Columbia Planning Commission, and working with neighborhood organizations in zoning matters.
James Huffman is the Erskine Wood Sr. Professor of Law at Lewis & Clark Law School. He has been on the Lewis & Clark faculty since 1973 and served as Dean from 1993-2006. Huffman is a graduate of Montana State University, the Fletcher School of Law and Diplomacy at Tufts University and the University of Chicago Law School. He has written extensively on natural resource and property issues, free market environmentalism, the public trust doctrine and takings. Huffman represented the chief petitioner for Oregon's Measure 37 in the Oregon Supreme Court.
Robert H. Jerry, II, is Dean and Levin, Mabie and Levin Professor of Law at the Fredric G. Levin College of Law at the University of Florida. Graduation from the University of Michigan Law School in 1977, practiced law for three years with an Indianapolis law firm, joined the faculty at the University of Kansas School of Law in 1981. He was promoted to Professor in 1985 and served as Dean of the KU School of Law from 1989 to 1994. In 1994, he became the first permanent holder of the Herbert Herff Chair of Excellence at the Cecil C. Humphreys School of Law at the University of Memphis. In 1998, he became the Floyd R. Gibson Missouri Endowed Professor at the University of Missouri-Columbia School of Law, a position he held until accepting the deanship at the Levin College of Law in 2003. His honors and awards include the Distinguished Faculty Achievement Award at the Missouri Law School in 2001, the Distinguished Alumni Award from Indiana State University, his undergraduate alma mater, in 1992, and the KU Chancellor's Award for University Service at KU in 1989. He lives in Gainesville with his wife Lisa and their three children: John, a senior at Gainesville High School; Jim, a freshman at Gainesville High School and Beth, an eighth-grader at Westwood.
Charles G. Lane is the managing member of Holcombe, Fair & Lane, a commercial real estate firm located in Charleston, SC, specializing in the brokerage and development of commercial properties in the immediate Charleston area. The firm has had wide range of experience in conservation type developments and also specializes in the sale of large tracts of land to conservation minded buyers. Holcombe, Fair & Lane has extensive experience with conservation easements. Mr. Lane also serves as Chairman of The South Carolina Conservation Bank Board. This Board was established during the 2002 South Carolina Legislative Session and will distribute approximately twelve million dollars a year to historical, cultural and environmental projects. The Board is an independent State agency. As Chairman, he is responsible for hiring staff and establishing operating procedures and grant guidelines. Previously, Mr. Lane served as Chairman of The ACE Basin Task Force. The Task Force was established to provide land protection in the ACE Basin river corridor. This pristine area consists of approximately 350,000 acres. Since the Task Force was established 15 years ago, 171,000 acres of land have been protected primarily through private stewardship. Mr. Lane has served on a variety of boards which include The Bank of South Carolina, The South Carolina chapter of The Nature Conservancy, Delta Waterfowl, Ducks Unlimited, Inc., and the South Carolina Coastal Conservation League. Mr. Lane recently completed work on the governor's Quality of Life Task Force which made sixty-two recommendations to the governor to improve environmental quality in South Carolina. Mr. Lane received his Bachelor of Arts in Political Science from Clemson University in 1977. In 1998, he was awarded the distinguished alumni award. Mr. Lane has been extensively involved with rice fields since birth! He has managed and hunted in rice fields since he was six years old. He has spent on average 50-75 days a year in and around rice fields. In addition to his hands on experience with the management of rice fields, his family has been involved in historical and cultural aspects of rice fields having commissioned the publication of the ACE Basin Historical Atlas.
Professor Lazarus teaches environmental law, natural resources law, Supreme Court advocacy, and torts. He also serves as the Faculty Director of the Supreme Court Institute. He previously worked for the U.S. Justice Department, in both the Environmental and Natural Resources Division and the Solicitor General's Office, where he was assistant to the Solicitor General. Professor Lazarus has represented the United States, state and local governments, and environmental groups in the U.S. Supreme Court in approximately 37 cases, many of which raised natural resource and environmental law issues. His legal scholarship is in the area of environmental and natural resources law. He has most recently published law review articles on environmental legal history, Supreme Court and environmental law, the Fifth Amendment Just Compensation Clause, and environmental justice. Professor Lazarus serves on several national advisory boards, including Environmental Defense's Litigation Review Committee.
Burnie Maybank is a member in the firm's banking and finance practice group. He returned to the firm's Columbia office in 2006 after serving as Director of the South Carolina Department of Revenue under Governor Mark Sanford from 2003 through 2005. He also served in that position under Governor David Beasley from 1995 to 1999. Mr. Maybank's practice focuses on: Economic Development incentives State and Local Tax Controversy Work Exempt Organizations and Charitable Giving, including Conservation Easements Alcohol Beverage Control .Regulatory Work before the Public Service Commission Public Finance Maybank received national press in 2005 regarding the Department of Revenue's investigation of potentially abusive conservation easement donations, as well as the Department's investigation under IRS Circular 230 of tax professionals who were involved in tax shelters.
Robert Meltz is an attorney-advisor with the nonpartisan Congressional Research Service, where he advises Congress on takings issues, property rights legislation, and environmental law. He gives regular CLE courses to Members of Congress and has testified before congressional committees on property rights legislation. Mr. Meltz also has spoken widely at takings law conferences and CLE courses. He has authored several articles on takings law such as Takings Law Today: A Primer for the Perplexed, forthcoming in the Ecology Law Quarterly, and Wetlands Regulation and the Law of Regulatory Takings, 30 Envtl. L. Rptr. 10468 (2000), and coauthored a book entitled The Takings Issue: Constitutional Limits on Land Use Controls and Environmental Regulation (Island Press 1999). He has served on the steering committees of the environment sections of both the District of Columbia Bar and Federal Bar Association. B.A., M.A., University of Pennsylvania; J.D., Georgetown University Law Center.
Bob Perry is a native of Kershaw, South Carolina. He shares a common thread with David Lucas as both were members of the University of South Carolina football team; Bob entered the program as a freshman as David was a senior, and they have known each other for over 35 years. Bob earned a BS in Biology from the University of South Carolina and a MS in Wildlife Biology from Clemson University. He has been employed by South Carolina Department of Natural Resources (DNR) for 29 years. During much of that time Bob had responsibility for developing and managing rice fields in Georgetown County titled to DNR where agency emphasis is directed toward wetlands habitat management to meet requirements for wintering and migrating waterfowl and other wetland dependent wildlife. Additionally, he worked with many private citizens owning these unique and valuable habitats. Bob extensively has studied colonial rice culture as well as historic and contemporary use of rice fields. He has authored or co-authored many peer reviewed publications related to the importance of rice field habitats to a variety of wildlife species, development of rice field infrastructure, construction and installation of water control structures and scientifically based strategies for managing rice fields for optimum wildlife use and productivity. While living on the coast, Bob served as the coordinator for the Winyah Bay Focus Area Project, a partnership landscape conservation initiative identifying and protecting critical habitats ensuring continued biological diversity in the rapidly developing and threatened upper coastal region of South Carolina. Historic rice fields and rice plantations serve as the cornerstone for much of this conservation effort which has protected in perpetuity over 100,000 acres of vital fish and wildlife habitat. Currently, Bob lives in Columbia where he is the Special Projects Manager of the Office of Environmental Programs of DNR. In this capacity he provides oversight and monitoring of the agency environmental review and commenting including permit applications involving action by the United States Army Corps of Engineers and South Carolina Department of Health and Environmental Control.
Dr. Pilkey's research centers on both basic and applied coastal geology, focusing primarily on barrier island coasts. Off Wrightsville Beach, NC, advantage is being taken of a petrographically distinct beach replenishment sand to determine paths of sand transport on the shoreface. Another ongoing project involves a detailed study of the evolution of salt marshes along various shoreline types in Pamlico and Albermarle Sounds. The goal is to understand how salt marshes in various geological settings will respond to a future rise in sea level and how this impacts on management strategies for salt marshes. Recently, Dr. Pilkey's group, along with INGEO-MINAS, carried out the first phase of a study of the Colombian Pacific Coast barrier island chain. Future studies will involve detailed coring of selected individual islands to determine how barrier islands evolve in tectonically active areas completely away from the influences of humans. Applied studies are carried out under the auspices of the Program for the Study of Developed Shorelines (PSDS). Such studies have included a review of the national beach replenishment experience on all 3 U.S. coasts and analysis of the validity of replenished beach engineering design parameters. The PSDS group is currently exploring, from a geologic viewpoint, methods for mitigating hurricane damage on barrier islands. The PSDS is also analyzing the numerical models used by coastal geologists and engineers to predict the movement of beach sand, especially on beach replenishment projects.
Marc R. Poirier has taught at Seton Hall University School of Law since 1991, where he is currently a Professor of Law and the Martha Traylor Research Scholar. He writes in the areas of property theory, natural resources (coastal & ocean), takings doctrine, environmental justice, and gender, sexuality, and the law. In addition to many scholarly publications and presentations, he has written treatise chapters on regulatory takings and the Clean Water Act, as well as shorter articles, often on matters related to wetlands, beach access or coastal land use. He has been the chair of the Property Section of the Association of American Law Schools and the chair of the Committee on Hydroelectric Regulation of the Energy Bar Association, as well as serving on the boards of The Coastal Society and the Society of American Law Teachers. For six years he was a member of his local South Orange, NJ, Planning Board. Prior to teaching, Professor Poirier was in practice for twelve years as a partner at Spiegel & McDiarmid in Washington, D.C., where he specialized in hydroelectric licensing and other energy and administrative law matters. He holds a B.A. magna cum laude from Yale University, a J.D. cum laude from Harvard Law School, and an LL.M. from Yale Law School.
Walter F. "Jack" Pratt, Jr., assumed the deanship of the School of Law in July 1, 2006 after serving on the faculty of The Law School, University of Notre Dame, since 1986. He received his B.A. in History magna cum laude from Vanderbilt University in 1968, and earned membership in Phi Beta Kappa. In 1974 he earned his D.Phil. in Politics from Oxford University, which he attended as a Rhodes Scholar. He earned his J.D. in 1977 from Yale Law School, where he served as the article and book review editor for the Yale Law Journal. He was law clerk for Judge Charles Clark, U.S. Court of Appeals for the Fifth Circuit (1977-78) and for Chief Justice Warren E. Burger, Supreme Court of the United States (1978-79). Pratt taught at Duke University as an assistant professor (1979-82) and an associate professor of law (1982-86). While on the faculty at Duke, he served as Visiting Associate Professor of Law at the J. Reuben Clark Law School, Brigham Young University (1984-85). He joined the faculty of the Notre Dame Law School in 1986 as an associate professor and became a full professor in 1998. At Notre Dame he served as co-director of the Notre Dame London Law Centre (1988-89), Associate Dean for Academic Affairs (1991-98), and Executive Associate Dean (1999-2005). He also studied Irish legal history as a Visiting Scholar at the law department of the National University of Ireland in Galway, Ireland. Pratt's areas of academic interest include legal history, contracts and commercial law. He has published numerous books, book chapters, articles, and book reviews, and made many presentations in those areas. He has been active in the American Bar Association, the Association of American Law Schools, and the American Society for Legal History.
Scott H. Richardson was appointed as the Director of the South Carolina Department of Insurance by Governor Mark Sanford on February 15, 2007. Having served in the South Carolina House of Representatives from 1992 - 1996 and the South Carolina Senate from January, 2000 until his appointment, Director Richardson brings an unparalleled level of experience to the Department. During his tenure in the Legislature, he served as Chairman of the House Property and Casualty Subcommittee and served on the House Labor, Commerce and Industry Committee and Senate Finance and Banking and Insurance Committees. Director Richardson did extensive work on the South Carolina Reinsurance Facility, as well as the South Carolina Automobile Insurance and Captive Insurance laws. During his tenure in the Senate, he was heavily involved with many insurance issues and is recognized as an insurance expert in the government arena. In addition to his public service, he has firsthand knowledge of the insurance business serving 21 years as an insurance agent for Carswell of Carolina Insurance Agency. Director Richardson became an owner/partner in 1985 and helped grow Carswell into one of the most successful agencies in the state. He remained with Carswell until 1999 when he sold his interest. He has also served as a Sales Executive for Sea Pine Real Estate Co. in Hilton Head, South Carolina. He is truly committed to his community, serving onvarious boards and commissions. Director Richardson graduated with a B.A. in Psychology, with honors, from the University of Tennessee in 1974. He is married to the former Margaret Ravenel Carswell and they have two children, Scott Durden Richardson and Margaret Ravenel Richardson.
Admitted to practice in Minnesota; associate, Faegre & Benson, Minneapolis, 1994-95; law clerk to Judge Michael J. Davis and Judge David S. Doty, U.S. District Court for the District of Minnesota, 1996; law clerk to Judge Robert G. Renner, Senior U.S. District Judge for the District of Minnesota, 1996-97; Assistant Professor of Law, Washington and Lee University, 1997-2003; Associate Professor of Law, 2003-.
Timothy Searchinger is a Senior Fellow at the Georgetown Environmental Law and Policy Institute, a Visiting Scholar at Princeton University's Woodrow Wilson School and a Transatlantic Fellow at the German Marshall Fund. For many years he was a Senior Attorney at Environmental Defense, where he co-founded the Center for Conservation Incentives and directed work on agricultural policy. A graduate of Yale Law School where he was Senior Editor of the Yale Law Journal, Searchinger has been a clerk to Judge Edward Becker on the U.S. Court of Appeals for the Third Circuit, a Deputy General Counsel to Governor Robert P. Casey, and most recently a special adviser to the Secretary of the Department of Natural Resources in Maryland on Chesapeake Bay issues. He has written extensively about wetlands, takings, flood policy and is writing a book on agriculture and the environment.
Mary D. Shahid joined McNAIR LAW FIRM, P.A. as Special Counsel in its Charleston, SC office in March 2002. She became a Shareholder of the Firm in 2006. Prior to joining the Firm, from 1995 to 2002, Mary was employed by the South Carolina Department of Health and Environmental Control (SCDHEC), Office of Ocean and Coastal Resource Management (OCRM), as its Chief Counsel. From 1992 to 1994, Mary was the General Counsel for the South Carolina Coastal Council, the predecessor agency to OCRM. As General Counsel for the South Carolina Coastal Council, Mary was responsible for all litigation involving the Coastal Council. In addition, she advised the Council, a fourteen member Board responsible for implementing the SC Coastal Zone Management Act in the eight coastal counties. With the Coastal Council's merger with SCDHEC, Mary was responsible for all litigation activities arising from the coastal permitting division. She handled hundreds of appeals before the Administrative Law Court related to environmental permits on a variety of issues, including docks, marinas, stormwater, land disturbance, wetlands, beach front development, erosion control, septic tanks, water quality, and water line installation. Since her employment with McNair, Mary continues to have an active practice before the Administrative Law Court related to environmental permitting issues. Mary has handled a number of appeals before the SC Court of Appeals and the SC Supreme Court on issues of environmental regulation, statutory interpretation, public trust, due process, and regulatory takings. She is also licensed to appear before the US Supreme Court. Mary is a 1981 graduate of Vanderbilt University, and a 1984 graduate of the University of South Carolina School Of Law. Her practice area is Environmental and Administrative. She currently serves as a member of the Board of the South Carolina Council on Economic Education.
Ellison D. Smith, IV is a shareholder in the law firm of Smith Bundy Bybee & Barnett, located in Mt. Pleasant, South Carolina whose practice includes construction litigation, land use litigation, condemnation and environmental litigation. He graduated from the University of South Carolina Law School in 1969; served as an Assistant Attorney General for the State of South Carolina from 1971 until 1974. Ellison Smith is also a certified mediator and has taught as adjunct professor at the University of South Carolina School of Law and the Charleston School of Law.
Edward J. Sullivan is a partner with the Portland office of Garvey Schubert Barer specializing in planning, administrative, and state and local government law. He has three law degrees and has taught Planning Law at the undergraduate, graduate and law school levels since 1972. In addition, Ed serves as Regional Vice President for the Land Development Planning and Zoning Section of the International Municipal Attorneys Association. Ed is also Chair Elect of the American Bar Association Section on State and Local Government Law and chairs the section's Comprehensive Planning and Growth Management Subcommittee.
Kris Tardiff is a trial attorney in the Natural Resources Section of the Environment and Natural Resources Division of the United States Department of Justice. In this position, Ms. Tardiff represents the United States in Fifth Amendment takings litigation and certain public land law matters. Ms. Tardiff received her J.D. in 1993 from Northeastern University School of Law in Boston, Massachusetts. Prior to joining the Department of Justice in 1995 through the Attorney General=s Honors Program, Ms. Tardiff served for two years as a law clerk to the late Honorable Shane Devine, Senior Judge for the United States District Court for the District of New Hampshire.
Chief Justice Jean Hoefer Toal began her service as an Associate Justice on the Supreme Court of South Carolina on March 17, 1988. She was re-elected in February of 1996 and was installed as Chief Justice on March 23, 2000 for the balance of the term of her predecessor, which expired June 30, 2004. She was re-elected again in February of 2004 and was installed as Chief Justice on June 9, 2004, for a ten-year term. Chief Justice Toal received her B.A. degree in philosophy in 1965 from Agnes Scott College where she served on the Judicial Council, National Supervisory Board of U. S. National Student Association and played Goalie for the Field Hockey team. She received her J.D. degree in 1968 from the University of South Carolina Law School where she served as Managing Editor, Leading Articles Editor and Book Review Editor of the South Carolina Law Review. She is a member of the Order of the Coif, Mortar Board and Phi Beta Kappa. Chief Justice Toal practiced law for 20 years prior to her election to the South Carolina Supreme Court, first as an associate with the Haynsworth Law Firm in Greenville, and then as an associate and partner with Belser, Baker, Barwick, Ravenel, Toal & Bender in Columbia. When she was admitted to the South Carolina Bar in 1968, women comprised less than one percent of the licensed lawyers in South Carolina. Now almost twenty percent of South Carolina's lawyers are women.
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