PATRICIA ROSS McCUBBIN. Southern Illinois University School of Law 1150 Douglas Drive Mailcode 6804 Carbondale, IL

Transcription

1 PATRICIA ROSS McCUBBIN Southern Illinois University School of Law 1150 Douglas Drive Mailcode 6804 Carbondale, IL (618) I. ACADEMIC EXPERIENCE Southern Illinois University School of Law, Carbondale, Illinois Professor of Law, 2010 to present Associate Professor of Law, 2006 to 2010 Assistant Professor of Law, 2000 to 2006 Awards: Outstanding Scholar Award for Outstanding Teacher Award for Outstanding Teacher Award (Nominee) for and Courses: Environmental Law; Administrative Law; Climate Change Seminar; Advanced Environmental Litigation; Natural Resources Law; Energy and Natural Resources Seminar; Environmental Law for Business Transactions Faculty Adviser: Environmental Law Society Wuhan University School of Law, Wuhan, China Fulbright Scholar, Spring 2007 II. EDUCATION University of Virginia School of Law, Charlottesville, Virginia Juris Doctor, 1990 Executive Editor, Journal of Law and Politics Golden Pencil Award for Excellence in Legal Research and Writing University of Virginia, Charlottesville, Virginia Bachelor of Arts with High Honors in Political and Social Thought, 1985 Phi Beta Kappa, Dean's List Thesis: The Chautauqua Literary and Debating Society

2 III. NON-ACADEMIC PROFESSIONAL EXPERIENCE United States Department of Justice, Washington, D.C. Attorney, Environmental Defense Section, Feb to April Awards: Special Achievement Award for Sustained Superior Performance of Duty, presented by U.S. Attorney General Janet Reno (April 1997) Two Special Commendations for Outstanding Service presented by the Assistant Attorney General for the Environment and Natural Resources Division of the U.S. Department of Justice (April 1997 and May 2000) U.S. Environmental Protection Agency s Bronze Medal for Excellence in Successfully Representing the Agency in Total Maximum Daily Load Litigation (June 1998) U.S. Environmental Protection Agency s Bronze Medal for Constructing a Successful Defense in the NOx SIP Call Litigation (June 2000) Major reported cases as lead or joint counsel: Michigan v. EPA, 213 F.3d 663 (D.C. Cir. 2000) American Petroleum Institute v. EPA, 216 F.3d 50 (D.C. Cir. 2000) Clean Air Implementation Project v. EPA, 150 F.3d 1200 (D.C. Cir. 1998) Legal Environmental Assistance Foundation, Inc. v. EPA, 118 F.3d 1467 (11th Cir. 1997) RSR Corp. v. EPA, 102 F.3d 1266 (D.C. Cir. 1997) Marine Shale Processors, Inc. v. EPA, 81 F.3d 1371 (5th Cir. 1996) Indianapolis Power & Light Co. v. EPA, 58 F.3d 643 (D.C. Cir. 1995) Beveridge & Diamond, Washington, D.C. Environmental Law Attorney, Jan to Jan Dickstein, Shapiro & Morin, Washington, D.C. Environmental Law Attorney, June 1990 to Jan Southern Environmental Law Center, Charlottesville, Virginia Law Clerk, Fall McCubbin CV July 2012 Page 2

3 IV. PUBLICATIONS A. Book Chapters The Nondelegation Doctrine (co-authored with George B. Wyeth) in PRINCIPLES OF ENVIRONMENTAL CONSTITUTIONAL LAW (James R. May, ed., American Bar Association, 2011) B. Articles in Law Reviews The Role of Judicial Review in Chinese and American Energy and Climate Change Policy, 13 Vermont Journal of Environment Law (Fall 2011) Cap and Trade Programs Under the Clean Air Act: Lessons from the Clean Air Interstate Rule and the NOx SIP Call, 18 Penn State Environmental Law Review (Fall 2009) EPA s Endangerment Finding for Greenhouse Gases and the Potential Duty to Adopt National Ambient Air Quality Standards to Address Global Climate Change, 33 Southern Illinois University Law Journal (2009) (symposium contribution) Symposium Introduction: Contemporary Issues at the Intersection of Public Health and Environmental Law, 33 Southern Illinois University Law Journal (2009) China and Climate Change: Domestic Environmental Needs, Differentiated International Responsibilities and Rule of Law Weaknesses, 3 Environmental & Energy Law & Policy Forum (2008) Review of Richard L. Revesz and Michael A. Livermore, Retaking Rationality: How Cost- Benefit Analysis Can Better Protect the Environment and Our Health, 29 Journal of Legal Medicine (2008) China s Future Lawyers: Some Differences in Education and Outlook, 7 Asper Review of International Business and Trade Law (2007) (with Andrea Curcio et al.) The Risk in Technology-Based Standards, 16 Duke Environmental Law and Policy Forum 1-56 (2005) Amending the Clean Air Act to Establish Democratic Legitimacy for the Residual Risk Program, 22 Virginia Environmental Law Journal 1-51 (2003) Michigan v. EPA: Interstate Ozone Pollution and EPA s NOx SIP Call, 20 St. Louis University Public Law Review (2001) The D.C. Circuit Gives New Life and New Meaning to the Non-Delegation Doctrine in American Trucking Associations, Inc. v. EPA, 19 Virginia Environmental Law Journal (2000) McCubbin CV July 2012 Page 3

4 C. Other Articles Consensus Through Mediation: A Case Study of the Chesapeake Bay Land Use Roundtable and the Chesapeake Bay Preservation Act, 5 Journal of Law and Politics (1989) (student note) Federal Nuisance Claims for Greenhouse Gases Before the Supreme Court, Eco-Bulletin Newsletter of the National Environmental, Energy and Resources Law Section (Canadian Bar Association, June 2011) (reprint of American Bar Association publication; one of only two American articles selected for inaugural cross-border issue) Federal Nuisance Claims for Greenhouse Gases Before the Supreme Court, Trends (American Bar Association, Section on Environment, Energy and Resources), March/April 2011, at 4 Constitutional Law in THE YEAR IN REVIEW 2010 (American Bar Association, Section on Environment, Energy and Natural Resources) (co-authored excerpt) Challenges to EPA s Endangerment Finding Complicate Efforts to Address Climate Change Under the Clean Air Act, Trends (American Bar Association, Section on Environment, Energy and Resources), May/June 2010, at 6-7 Constitutional Law in THE YEAR IN REVIEW 2009 (American Bar Association, Section on Environment, Energy and Natural Resources) (co-authored excerpt) Standing in Environmental Increased Risk Cases in the D.C. Circuit: A Substantive Shift in Case Law or Merely a Pleading Difference?, 4 Constitutional Law Committee Newsletter (American Bar Association, Section on Environment, Energy and Resources) 5-8 (Dec. 2007) Looking to Upwind States to Reduce Interstate Ozone Pollution, 31 Environmental Law Reporter (Sept. 2001) (reprint of article originally published at 20 St. Louis University Public Law Review 47 (2001)) Must EPA Use A Cost-Benefit Analysis To Set National Air-Quality Standards?, 2000 Preview of U.S. Supreme Court Cases (Oct. 2000) When it Rains it Pours: Storm Water and Water Quality Standards, Journal of Environmental Permitting (Autumn 1992) (co-author) Recent Developments in U.S. Environmental Injury and Product Liability Law, Journal of the Japanese Institute of International Business Law (July 1992) (co-author) Environmental Legislation from the 101st Congress, National Association of Environmental Professionals Newsletter (Jan. 1991) (co-author) McCubbin CV July 2012 Page 4

5 V. SCHOLARLY ACTIVITY A. Symposium Organization SIU Law Journal Symposium, Contemporary Issues at the Intersection of Public Health and Environmental Law, Feb Solely responsible for selecting panel topics; identifying speakers from the legal academy, government agencies and elsewhere; coordinating presentations; conducting media interviews; and planning all other aspects of the symposium. Topics included: * land use regulation and the obesity epidemic; * environmental justice and public health; * climate change and sustainable local commerce; * public health considerations in government enforcement decisions; and * pharmaceutical contamination in waterways. B. Collaborations Rulemaking Project on Greenhouse Gases under the Clean Air Act, sponsored by the Climate and Energy Program, Nicholas Institute for Environmental Policy Solutions, Duke University, June 2011 to Nov Research with Georgetown Climate Center on Greenhouse Gases under the Clean Air Act, Oct Workshop on Greenhouse Gases under the Clean Air Act, sponsored by the Climate and Energy Program, Nicholas Institute for Environmental Policy Solutions, Duke University, and the Center for Law, Environment, Adaptation and Resources, University of North Carolina, March 2011 C. Presentations at Academic Meetings Symposium, China s Environmental Governance: Global Challenges and Comparative Solutions, Vermont Journal of Environmental Law and U.S.-China Partnership for Environmental Law, Vermont Law School, March Topic: Litigation Challenges to U.S. Regulation of Greenhouse Gases American Society of Law, Medicine & Ethics, Annual Meeting on Public Health, Sept Topic: Regulation of Greenhouse Gases as a Public Health Concern Symposium, The Clean Air Act at 40, Lewis & Clark Law School, April Topic: Regulation of Greenhouse Gases under the Clean Air Act Symposium, Regulating Climate: What Role for the Clean Air Act?, Duke University School of Law and the Climate and Energy Project, Nicholas Institute for Environmental Policy Solutions, March Topic: National Ambient Air Quality Standards, the Clean Air Interstate Rule, and Cap and Trade Programs for Greenhouse Gases McCubbin CV July 2012 Page 5

6 Symposium, U.S. Climate Change Legislation: The Should, The Could and Effects on the Energy Industry, University of Houston School of Law, Feb Topic: Climate Change and China: Challenges and Opportunities Southeast Association of Law Schools Annual Meeting, Aug Topic: The Bush Administration and Air Quality Central States Law Schools Association Annual Meeting, Nov Topic: Judicial Responses to Flawed Health-Based and Technology-Based Standards Symposium, Ten Years After: The Clean Air Act Amendments of 1990, Saint Louis University School of Law, Nov Topic: Michigan v. EPA: Interstate Ozone Pollution and EPA s NOx SIP Call D. Presentations at Other Schools Florida State University College of Law, Nov Using the Clean Air Act to Reduce Greenhouse Gases and Mitigate Climate Change Mercer University School of Law, Apr Virtual Speaker Series: China and Climate Change George Washington University School of Law, Nov China and Climate Change Challenges and Opportunities Washington University School of Law, Oct Panel Discussion on Climate Change Careers Pace University School of Law, April China and Climate Change Challenges and Opportunities John A. Logan College, Nov China s Environmental Challenges Views from Inside the Country St. Louis University School of Law, Oct China s Environmental Challenges Views from Inside the Country Northwest University School of Law, Xi an, China, May Environmental Policymaking and Air Pollution Control in the United States Xiamen University School of Law, Xiamen, China, June Environmental Policymaking and Air Pollution Control in the United States Zhongnan University of Economics and Law, Wuhan, China, June Environmental Policymaking in the United States McCubbin CV July 2012 Page 6

7 E. Presentations at SIU Law School Faculty Workshops China and Climate Change: Challenges and Opportunities, work-in-progress presented Jan Judicial Responses to Flawed Health-Based and Technology-Based Standards, work-in-progress presented Oct The False Dichotomy of Health-Based and Technology-Based Environmental Regulations, work-in-progress presented Sept Flawed Logic and Secret Deliberations: EPA s Residual Risk Program for Hazardous Air Pollutants, work-in-progress presented Oct Who Should Decide?: The Roles of Congress and the U.S. Environmental Protection Agency in Regulating Interstate Air Pollution, work-in-progress presented Oct F. Media Articles and Interviews WSIU Radio, Feb. 25, Interview Topic: Contemporary Issues at the Intersection of Public Health and Environment Law Sleek Olympic Venues, Major Material Progress... Yet 300 Million Chinese Remain Impoverished, St. Louis Post-Dispatch, Aug. 5, 2008 (op-ed on Beijing Olympics and China s environmental challenges) WPSD TV, Aug. 8, Interview Topic: Beijing Olympics and China s Environmental Challenges WSIU Radio, Aug. 6, Interview Topic: Beijing Olympics and China s Environmental Challenges The Birmingham News, July Interview Topic: Air Pollution in Birmingham, Alabama Great Lakes Radio Consortium, National Public Radio, Feb Interview Topic: Major U.S. Supreme Court Decision Under the Clean Water Act G. Reviews of Book Proposals Reviewed proposal for new textbook, The Clean Air Act, by Professor Robert Sharpe for Aspen Publishers (Fall 2007) McCubbin CV July 2012 Page 7

8 VI. PROFESSIONAL SERVICE A. Fulbright Scholar Ambassador and Fulbright Campus Representative Scholar Ambassador for the J. William Fulbright Program for the International Exchange of Scholars, Feb to Feb Fulbright Campus Representative, April 2012 to present Presentation on Fulbright Program, Eastern Illinois University, Feb Presentation on Fulbright Program, Indiana State University, Feb B. American Bar Association Section on Environment, Energy and Resources Member, Student Involvement Task Force, July 2011 to July 2012 Co-Chair, Constitutional Law Committee, July 2009 to July 2011 Vice-Chair for Public Service, Constitutional Law Committee, July 2006 to June 2009 Program Vice-Chair and Member of Planning Committee for 31st Annual Conference on Environmental Law, C. Panels at Conferences of American Bar Association Section on Environment, Energy and Resources Speaker, 41 st Annual Conference on Environmental Law, Salt Lake City, UT, March Topic: Constitutional Law Principles Shaping Environmental Law Panel Moderator, 18th Fall Meeting, New Orleans, LA, Oct Topic: Using the Clean Air Act to Regulate Greenhouse Gases: Useful Tool or Regulatory Quagmire? Panel Moderator, 38th Annual Conference on Environmental Law, Keystone, CO, March Topic: Constitutional Issues in Climate Change Litigation Panel Moderator, 35th Annual Conference on Environmental Law, Keystone, CO, March Topic: Responses to EPA Enforcement Actions by the Regulated Community The Litigation Paradigm and the Settlement Paradigm Panel Moderator, 31st Annual Conference on Environmental Law, Keystone, CO, March Topic: The Endangered Species Act Down on the Farm: Water, Habitat and Critters Panel Moderator, 30th Annual Conference on Environmental Law, Keystone, CO, March Topic: Association of Battery Recyclers, Inc. v. EPA and the Definition of Solid Waste under the Resource Conservation and Recovery Act McCubbin CV July 2012 Page 8

9 Speaker, 29th Annual Conference on Environmental Law, Keystone, CO, March Topic: American Trucking Associations, Inc. v. EPA and Evolving Restraints on Judicial Review of Agency Actions D. Other Professional Presentations Speaker, QuickTeleconference on Top Developments of 2009 Climate Change and the Clean Air Act, American Bar Association s Section on Environment, Energy and Resources, March Topic: The Latest EPA Regulations and Challenges to Those Rules Speaker, Associated Industries of Missouri First Annual Region 7 Environmental and Safety Symposium, Kansas City, MO, Aug Topic: Recent Enforcement Initiatives by the U.S. Environmental Protection Agency Speaker, St. Louis Air & Waste Management Association, St. Louis, MO, Feb Topic: Recent Regulatory Action by the U.S. Environmental Protection Agency under the Clean Air Act Speaker, U.S. Department of Defense 8th Annual Meeting of Low-Level Radioactive Waste Generators, Santa Barbara, CA, Feb Topic: Use of Government Contracts for Private Cleanups Speaker, National Petroleum Refiners Association Annual Meeting, Dallas, TX, Sept Topic: EPA s Proposed Effluent Guidelines for Petroleum Refineries Speaker, Business Development Associates Conference on Environmental Law, Chicago, IL, April Topic: EPA s Air Toxics Rule E. Service to Other Professional Organizations Association of American Law Schools, Section on Women in Legal Education, Volunteer Mentor, July 2011 to present F. Membership in Professional Associations American Bar Association Section on Environment, Energy and Resources American Bar Association Section on International Law American Bar Association Section on Legal Education and Admissions to the Bar Association of American Law Schools Section on Administrative Law Association of American Law Schools Section on Environmental Law Bar Association of the District of Columbia State Bar of Georgia McCubbin CV July 2012 Page 9

10 VII. ACADEMIC SERVICE A. Law Journal Faculty advisor to SIU Law Journal student casenotes and commentaries, 2001 to present: John Clark (two) Eric Coulson Susan Griffithe Katy Hurie Chad Kruse (two) Stephanie Lindsay Bob Menees Amy Oxley John Persell Joe Ponitz Jim Stivers Lauren Stocks (two) Kory Watson B. Moot Court Coach, National Cultural Heritage Moot Court Competition, Judge, ABA Moot Court Competition (Practice Round), 2010 Judge, First-Year Oral Arguments, Judge, Intramural Moot Court Competition, Judge, National Health Law Moot Court Competition, C. Independent Study Supervision Cynthia Smith, Summer 2009 Jim Stivers, Summer 2006 D. Law School Committees Awards Committee, Career Services Specialist Hiring Committee, Commencement Committee, Chair, McCubbin CV July 2012 Page 10

11 Committee of the Future, 2006 Curriculum Committee, Chair, Continuing Legal Education Advisory Board, Faculty Evaluation Committee, , International Programs Task Force, Long Range Planning Committee, Personnel Committee, , Readmission Review Special Committee, 2010 Rules Committee, , E. Other Law School Service Facilitator, Student Forum on Long-Range Planning for Law School, Nov Facilitator, First-Year Professional Responsibility Day, 2002, Facilitator, First-Year Professional Oath Workshop, Sept Faculty Adviser to Environmental Law Society, 2000 to present Hooder, Commencement Exercises, May 2006 Marshall, Commencement Exercises, 2004, 2008, 2009 Marshall, First-Year Professional Induction Ceremony, 2007, 2008 Mentor, First-Year Student Mentoring Program, Participant, Open House for Admitted Students, April 2011 Participant, Women in Leadership Workshop, Jan Presenter, Law School Annual Awards Ceremony, , Presenter, Environmental Law Society Career Forum, Nov Speaker, Admissions and Academics at SIU Law School, Indiana State University Pre-Law McCubbin CV July 2012 Page 11

12 Majors, Feb Speaker, Interviewing Skills Professional Development Workshop, Speaker, Panel Discussion for Constitution Day, Sept F. University Service 1. Dissertation Committees, Environmental Resources and Policy Ph.D. Program Farhat Chowdhury, Bruce M. Hall, 2006 to present Michael T. Most, Michael Pease, Don Rehmer, 2006 to present Jim Stivers, 2010 to present Roger Wiebusch, 2005 to present 2. Guest Lectures at SIU Undergraduate and Graduate Classes Department of Agribusiness Economics Lecturer in Rural Property Appraisal (ABE 451), March 2006 Department of Plant Biology Lecturer in Contemporary Issues in Environmental Science (PLB 301i), , 2008 Department of Zoology Lecturer in Communication in the Natural Resources Sciences (ZO 485), March 2001 Environmental Studies Undergraduate Minor Program Lecturer in Interdisciplinary Approaches to Environmental Issues (AG 470), , 2009 Environmental Resources and Policy Ph.D. Program Lecturer in Environmental Decisionmaking (ERP 502), , , Environmental Resources and Policy Ph.D. Program Lecturer in Watershed Policy (ERP 510), March 2011 Environmental Resources and Policy Ph.D. Program Lecturer in Applied Environmental Resources and Policy (ERP 598), Dec McCubbin CV July 2012 Page 12

13 3. Mentoring International Students and Scholars Fulbright Association, 2007 to present. Assist foreign Fulbright scholars and students with transition to Carbondale SIU International Friends Club, 2007 to present. Provide friendship and advice to international scholars and international students in graduate programs at SIU 4. Other University Service Delegate on behalf of the University of Virginia at the Installation of SIU Chancellor Rita Hartung Cheng, April 2011 VIII. COMMUNITY SERVICE A. Presentations to Community Groups Jackson County Bar Association, Jan Topic: Federal Efforts to Use the Clean Air Act for Regulating Greenhouse Gases AARP (Carbondale chapter), Oct Topic: China s Environmental Challenges Views from Inside the Country United Nations Association (Southern Illinois chapter), Jan Topic: China s Environmental Challenges Views from Inside the Country SIU Faculty Club, Nov Topic: China s Environmental Challenges Views from Inside the Country Kiwanis Club, Dec Topic: Proposed Interstate 66 in Southern Illinois and Related Environmental Issues B. Volunteering Obama Campaign, Fall Canvassed in Missouri to identify Democratic voters and served as legal monitor at polls on Election Day Hospice Care of D.C., Provided in-home companionship and physical care to terminally-ill patients McCubbin CV July 2012 Page 13