2018 STEPHEN E. HERRMANN ENVIRONMENTAL WRITING AWARD WINNER – EMILY HUSH

Posted on December 12, 2018 by JB Ruhl

Co-Author: Mary Ellen Ternes

For those Fellows who were not able to attend the Annual Meeting in Grand Teton National Park, this is to fill you in on the winner of the Herrmann Award this year, Emily Hush.  Emily is a recent graduate of Columbia University Law School and a student of our own Michael Gerrard (although we did not learn of the Gerard connection until after completion of the award selection process). The title of Emily’s winning article is Where No Man Has Gone Before:  The Future of Sustainable Development in the Comprehensive Economic and Trade Agreement and New Generation Free Trade Agreements, Columbia Journal of Environmental Law, Vol. 43:1 (link).

In the time Emily spent with us, she met many College Fellows and ably presented her winning article, which is an analysis of the recent trade agreement between Canada and the EU, the Comprehensive Economic and Trade Agreement (or CETA), as it pertains to sustainable development. As noted in the summary of the paper, in free trade agreements, a country’s power to protect the environment depends on the scope of its right to regulate, as interpreted by investment dispute resolution bodies. This right determines to what extent the State may regulate in the public interest without incurring the obligation of compensating investors for an indirect expropriation of their property. Some scholars have argued that arbitration panels and trade agreements define the sovereign right to regulate too narrowly, unduly favoring investor interests. In response, the EU has spearheaded the development of the so-called New Generation Free Trade Agreements. New Generation Agreements combine traditional free trade agreements with international investment agreements and add sustainable development as a guiding principle to create a new, all-inclusive type of bilateral agreement. These Agreements seek to recalibrate the power balance between investors and States by strengthening the right to regulate. CETA represents the culmination of the EU’s aspirations for New Generation Agreements thus far. Emily’s paper asks whether the right to regulate as granted by this progressive agreement will enable Canada and the EU to successfully defend regulation undertaken to further sustainable development against investor claims of indirect expropriation. She concludes that CETA provides a useful framework for expanding the reach of the principle of sustainable development and effectively shields the Parties’ right to regulate, without contradicting existing case law.

Emily earned her law degree from Columbia Law School in May 2018, where she was the winner of both the Harlan Fiske Stone Moot Court and the European Law Moot Court in Luxembourg. Prior to law school, Emily earned a Bachelor’s degree in French horn performance from McGill University. Emily is now an associate of Debevoise & Plimpton. She will be clerking for Judge Wendy Beetlestone in the Eastern District of Pennsylvania in 2021-2022, and for Judge Robert E. Bacharach in the 10th Circuit from 2022-2023. 

The Stephen E. Herrmann Environmental Writing Award is a prize presented to the author of a student article, note, case comment or essay published in a law journal during the current academic year, or scheduled for publication in the next academic year, that best presents a current topic in the field of environmental law.  Submissions are judged on the basis of originality, quality of research, presentation and writing, and significance of contribution to the field of environmental law. The Herrmann Award includes a stipend of $3,500 to the author of the winning article, note, case comment or essay, and $500 to the submitting law journal. The winner of the Herrmann Award is invited to present his or her submission to the Fellows at the College at their Annual Meeting. Emily is the third winner in a row to attend.

The Herrmann Environmental Writing Award: This Year’s Outstanding Entry in a Crowded Field

Posted on November 8, 2016 by Mary Ellen Ternes

The American College of Environmental Lawyers annually presents the Herrmann Environmental Writing Award to the individual who has written and submitted what we judge to be the best article from a student-edited law journal or equivalent publication published by an accredited U.S. law school, including an article, note, case comment or essay.  The winning piece is selected for its ability to promote understanding of legal issues in the broad field of environmental law, including natural resources law and/or environmental or resources aspects of energy law. 

The award is named in honor of our College colleague Stephen E. Herrmann, who is a distinguished, nationally recognized environmental lawyer and who has – for some forty years – been a leader in the area of environmental law as a practitioner, teacher and writer.

This year, there were twenty-nine separate entries for the Herrmann Award.  A panel of ACOEL members reviewed and evaluated each entry based on its originality, quality of research, presentation and writing, and significance of contribution to the field of environmental law.  After completing that review, the reviewing panel announced at the 2016 ACOEL annual meeting in New Orleans that this year’s winner of the Herrmann Environmental Writing Award is Ms. Irene Weintraub Shulman.  Ms. Shulman’s article – published in the Cardozo Law Review [link] – is “NEPA and Uncertainty in Low-Risk, High-Impact Scenarios: Nuclear Energy as a Case Study.”  In addition to winning the award, Ms. Shulman received a stipend of $3,500, and the submitting law journal (Cardozo) received $500.  Ms. Shulman was also invited to attend a portion of the College’s meeting in New Orleans.

ACOEL remains gratified at the level of interest and academic excellence represented by all the submissions we received.  And we again congratulate Ms. Weintraub Shulman and the Cardozo Law Review on their fine submission.