2012

(Vol. 17, No. 1)

This unique edition of the Law Review combines articles from two Marine Law symposia, as well as other articles about an area of growing concern in Rhode Island: coastal and marine spatial planning.  The first symposium, “Taking Stock: The Magnusen-Stevens Act Revisited,” took place on November 4th and 5th, 2010, and examined the current and future state of the sustainable management of the nation’s fisheries.  The second symposium entitled “Blowout: Legal Legacy of the Deepwater Horizon Catastrophe,” took place the following April and brought national leaders, elected officials, and legal experts together to discuss and examine the law’s response to the BP Oil spill in the Gulf of Mexico in 2010.  Among the issues considered at that symposium were tort liability, natural resource damages, and changes to the law and regulation following the spill.

 Contributors and Topics:
 “Taking Stock: The Magnusen-Stevens Act Revisited”

Sheldon Whitehouse, United States Senator for the State of Rhode Island and Providence Plantations. Topic:  “Fisheries Science: A Bridge, Not a Divide”

Eric Schwaab, Assistant National Oceanic and Atmospheric Administration (NOAA) Administrator for NOAA Fisheries. Topic:  “The Magnuson Act Thirty-Five Years Later”

Peter Shelley, Senior Counsel at Conservation Law Foundation, Inc., J.D., Suffolk University Law School, B.A., Hobart College.  Topic: “Have the Managers Finally Gotten It Right?:  Federal Groundfish Management in New England”

Grover Fugate, Executive Director of the Rhode Island Coastal Resources Management Council (CRMC), M.B.A., Memorial University, B.S., University of Connecticut.  Topic:  “Rhode Island’s Ocean Special Area Management Plan:  Leading the Way for the Nation”

David E. Frulla, Partner at Kelley Drye & Warren LLP (Washington, D.C.), J.D., University of Virginia School of Law, B.A., Dartmouth College.  George M. Hagerman, Jr., Senior Research Assistant at the Virginia Tech Advanced Research Institute, Director of Research for the Virginia Coastal Energy Research Consortium.  Michele G. Hallowell, Associate at Kelley Drye & Warren LLP (Washington, D.C.), J.D., University of Maine Law School, B.S., Boston College. Topic:  “Found in the Wind:  The Value of Early Consultation and Collaboration with Other Ocean Users for Successful Offshore Wind Development”

“Blowout: Legal Legacy of the Deepwater Horizon Catastrophe”

Jack Reed, United States Senator for the State of Rhode Island and Providence Plantations. Topic: “After the Spill:  Protecting the Public, the Environment, and the Economy from Drilling Disasters.”

Juliet Eilperin, House of Representatives reporter for The Washington Post, B.A., Princeton University. Topic:  “Troubled Waters:  Federal Oversight of Offshore Oil Drilling.”

Deborah E. Greenspan, Co-leader of Dickstein Shapiro’s Complex Dispute Resolution Group, J.D., University of Michigan Law School, B.S., University of Michigan. Matthew A. Neuburger, Associate in Dickstein Shapiro’s Complex Dispute Resolution Group, J.D., Northwestern University School of Law, B.B.A., George Washington University.  Topic:  “Settle or Sue?  The Use and Structure of Alternative Compensation Programs in the Mass Claims Context.”

George W. Conk, Adjunct Professor of Law & Senior Fellow at the Louis Stein Center for Law & Ethics at Fordham Law School, J.D., Rutgers-Newark School of Law, M.A., Boston University, A.B., College of the Holy Cross. Topic:  “Diving into the Wreck:  BP and Kenneth Feinberg’s Gulf Coast Gambit.”

David Petit, Senior Attorney for the Natural Resources Defense Council, J.D., UCLA Law School. David Newman, Oceans Program Attorney for the National Resources Defense Council, J.D., American University’s Washington School of Law, B.A., University of Michigan. Topic:  “Federal Public Law and the Future of Oil and Gas Drilling on the Outer Continental Shelf.”

Sidney A. Shapiro, University Chair in Law at Wake Forest University, J.D., University of Pennsylvania Law School, B.S., University of Pennsylvania. Topic:  “The Complexity of Regulatory Capture:  Diagnosis, Causality, and Remediation.”

Thomas C. Galligan, Jr., President and Professor of Humanities at Colby-Sawyer College, J.D., University of Puget Sound (now Seattle University) School of Law, L.L.M., Columbia University School of Law, B.A., Stanford University.  Topic: “A Sad Tale of the Deepwater Horizon Disaster, Normal Accidents, and Our Appetite for Risk.”

Additional Contributors to the Symposium Edition

Susan E. Farady, Director of the Marine Affairs Institute and the Rhode Island Sea Grant Legal Program at the Roger Williams University School of Law, J.D., Vermont Law School. “Sea State:  An Introduction to Reflections on Fisheries, Oil Spills, and Emerging Issues in Ocean Law and Policy.”

Anne Hayden, Consultant in natural resource management, research and policy, doctoral candidate in Interdisciplinary Studies at the University of Maine, Adjunct Lecturer in Environmental Studies at Bowdoin College, columnist for National Fisherman magazine. “Implementation of the National Ocean Policy:  Lessons from New England.”

Julia B. Wyman, Staff Attorney at the Marine Affairs Institute. “Should Penguins Really Have to Wear Sweaters?”

David M. DiSegna, Candidate for Juris Doctor, Roger Williams University School of Law, 2012, B.A., Boston University. “In re Review of Proposed Town of New Shoreham Project:  A Survey and Commentary on an Important Decision for Rhode Island’s Renewable Energy Development.”

Robert Thompson, Chair of the Department of Marines Affairs at the University of Rhode Island, J.D., University of California at Berkeley, Ph.D., University of California at Berkeley. “Beach Access, Trespass, and the Social Enactment of Property.”