42 43 yale law report winter 2009 the green issue
Nations Development Programme, the principal arm of the United Nations for Calling for Transformative Change funding and coordination of interna- James Gustave Speth ’69 tional assistance for development. Dean, Yale School of Forestry & Since 1999, Speth has been at the Environmental Studies School of Forestry & Environmental Studies, where he now serves as the Carl W. Knobloch, Jr. Dean and Sara As a boy in the rural South Carolina low endowed and well-respected environ- Shallenberger Brown Professor in the country, James Gustave “Gus” Speth mental organization. After nrdc, as the Practice of Environmental Policy. He is grew up hunting, fishing, and swim- principal White House adviser to the author of several books, including ming the Edisto River. Each summer President Carter on environmental most recently, The Bridge at the Edge of the he visited his grandparents on Lake affairs, Speth was responsible for the World: Capitalism, the Environment, and Junaluska in the North Carolina development and coordination of the Crossing from Crisis to Sustainability and mountains. The year he turned thirteen, Speth arrived for his summer in the mountains to find the lake wiped out— dead—due to a major pollution incident. Working within this system alone In Speth’s words, “That did it.” The death of that lake propelled is not going to solve the problem ... Yale Law School counts among its graduates Speth toward a lifetime devoted to Green environmental advocacy. Now, with What we really need is transformative a great number of leaders in the environmental arena. more than forty years of work as The following profiles highlight just a few of an environmental advocate and adviser change within the system itself to his credit, Speth is calling for a the alumni involved in the “green” arena. if we’re going to save this planet. Gus Speth Grads radical departure from the environ mental movement’s strategy as he urges Americans to rethink our very way of life. Carter Administration’s environmental Red Sky at Morning: America and the Crisis Speth’s work got its first real foothold program. Speth again advised the White of the Global Environment. during the late 1960s when, as a student House about natural resources, energy, In The Bridge at the Edge of the World, at the Law School, he and several of his and the environment when he was Speth details the deterioration of the classmates began planning out what tapped to be senior adviser on President planet. He writes, “Half the world’s was to become the Natural Resources Clinton’s transition team in 1992. For tropical and temperate forests are gone. Defense Council, America’s most well- much of the 1990s, Speth led the United The rate of deforestation in the tropics is 44 45 yale law report winter 2009
about an acre a second. Half the planet’s work in the steel industry. He soon wetlands are gone. An estimated 90 branched out on his own, purchasing percent of the large predator fish are what would become Cherokee Sanford Advocating for the Environment gone and 75 percent of marine fisher- Redeveloping Brownfields Group, the largest privately-held brick Liz Barratt-Brown ’91 ies are overfished, fished to capacity Thomas Darden ’81 manufacturing company in the United Senior Attorney, International Program, or depleted, up from 5 percent a few CEO, Cherokee Investment Partners States. Darden’s environmental bent and Natural Resources Defense Council decades ago. Twenty percent of the ingenuity came into focus when he con- corals are gone; another 20 percent verted the plant’s fuel source from fossil severely threatened. Species are Fifteen miles north of Montreal, a former years old. “It was so compelling,” he fuels to sawdust. In 1985, Cherokee took Liz Barratt-Brown ’91 is passionate number of key issues. Among the proj- disappearing about 1,000 times faster General Motors manufacturing site is remembers, “it gave me a new mental on the work of cleaning up contaminated about Canada’s Boreal Forest—and ects she has worked on: building and than normal. The planet has not seen gaining new life. Until recently, the 232- construct for how growth could happen soil. That arm of the business eventually about stopping the strip mining that implementing the global warming, bio- such a spasm of extinction in 65 million acre industrial site was a ghost town, in the U.S.” led Darden to redevelopment work. has already forever changed the forest’s diversity, and ozone layer treaties; years, since the dinosaurs disappeared. plagued with soil contamination and lit- Redevelopment and urban infill proj- Today, one of Cherokee’s biggest chal- landscape. strengthening international institu- Each year desertification claims a tered with abandoned debris. Now more ects are low-hanging fruit in the mission lenges is changing public perception “Oil from this region—called tar tions; and instituting corporate pur- Nebraska-sized area of productive capac- than a thousand housing units, shops, to green the planet, according to Darden. about urban infill and redevelopment. sands—is literally scraped out of what chasing policies around forest conser- ity worldwide. Toxic chemicals can be offices, a recreation center, and an urban Buildings, he explains, use 30 to 40 per- Trying to convince the American public was previously part of a beautiful forest vation and energy use. found by the dozens in essentially every town square are starting to rise on the cent of all energy consumed in the U.S. that urbanization is positive for the envi- of green, slow-growing trees and wind- Barratt-Brown, who worked for the one of us.” once discarded site. The project, known The location of buildings accounts for ronment-—that densely populated areas ing rivers, and the nesting ground for NRDC and in the U.S. Senate for six Speth is now calling for a transforma- as “Faubourg Boisbriand,” is one of some another 20 percent of energy consump- are less resource-intensive than the more nearly 40 percent of our songbirds and years prior to law school, was happy to tion in American society as he points five hundred redevelopment sites taken tion. Taken together then, buildings and superficially “green” suburbs—is a tough waterfowl,” explains Barratt-Brown. rejoin the group after graduating from to American “affluenza” as one of the on by Cherokee, a firm headed by Tom their locations make up half of the sell. “The public at large is not as aware As an attorney in the International Yale. root causes of the escalating deteriora- Darden ’81. energy problem in the country. [as policy makers] of the environmental Program with the Natural Resources “I love the organization and its mis- tion of the planet. In order to save the Under Darden’s leadership, Cherokee “Americans need to think more about impact of real estate on the environ- Defense Council (NRDC), one of the sion,” she says. planet, Speth argues, we must challenge invests in the acquisition, remediation, where we build,” Darden says. “If you ment,” Darden says. “There is nothing nation’s top environmental action “We have more than one million our own consumption and move from a and sustainable development of under- build the right kind of buildings, in the less green than big houses built on grassy groups, Barratt-Brown has spent twen- members and activists. I’ve seen the “consumer to conserver society.” utilized or contaminated properties right places, you can address half of the lots around golf courses.” ty-five years working tirelessly on a organization grow tremendously, but it “All we have to do to ruin the planet (called “brownfields”). Darden sees energy equation.” In addition to having a business mis- is keep doing exactly what we’re doing opportunity in properties where most Darden attended the Law School sion focused on advancing sustainability, today,” Speth said while serving as a other people would see only difficulties. before an environmental law program Cherokee has also funded or helped to panelist at the Law School’s Alumni Many of the projects are developed in or was in place. He took property law raise more than $30 million for philan- Protecting the Environment at Work and at Home Weekend in October. in close proximity to urban centers. courses that touched on some of the thropic works. The company’s outreach Michael Fisher ’94 “Working within this system alone is Faubourg Boisbriand, for example, will work he would do in the future, but the program operates in the U.S. and interna- not going to solve the problem,” he con- Environmental ted to protecting the environment. They be in walking distance to a regional tionally, helping those who have been tinued. “What we really need is transfor- Protection Agency made a conscious choice to live where commuter rail line that connects the affected by environmental disasters. In mative change within the system itself If you build the right kind lawyer Michael Fisher they can walk to work or take public site to downtown Montreal. India, “Cherokee Gives Back” is commit- if we’re going to save this planet.” of buildings, in the right places, ’94 grew up in a small transit, and their home runs on 100% The same story of redevelopment is ted to addressing problems stemming “you can address half of the energy” town in the Midwest, where he spent a wind power. Still, says Fisher, he doesn’t repeating itself at other Cherokee proj- from the Union Carbide pesticide plant equation. Thomas Darden lot of time outdoors with his parents. focus too much on the “personal virtue” ect sites. Southwest of Houston, a disaster that killed thousands in 1984. They weren’t backpackers or campers, aspect of environmental decisions. mixed-use community will be built on Closer to home, Cherokee is tackling the See page 52 to read about the says Fisher, but they passed on to him “Each of us should do what we can to the site of a former Imperial Sugar real benefit of law school, he says, was aftermath of the Katrina disaster as a environmental policy discussion their appreciation for nature. protect the environment,” he says, “but Company plant—the oldest continuously that it helped establish a way of think- principal partner in actor Brad Pitt’s that took place this past October Fisher started thinking about envi- individualized action can’t keep the air operating business in Texas before it ing. “Make It Right” project, which is building during Alumni Weekend. ronmental issues as a career after grad- safe for our kids to breathe or ensure closed in 2003. In San Francisco, “It was a great place for me to rethink a neighborhood of affordable, energy effi- Moderated by Daniel C. Esty ’86, uate school, when he traveled through that our tap water is safe to drink. And Cherokee is completing remediation how to make a positive contribution to cient and sustainable homes in New the panelists included: Eastern Europe, the U.S.S.R., and China more complex problems like climate work and building on a site once plagued the environment,” he says. “I went in as Orleans’ Lower 9th Ward. and saw remarkable examples of envi- change are even further beyond our Liz Barratt-Brown ’91 by lead contamination. kind of this bomb thrower…and came “It’s great to be involved in any kind of ronmental destruction, caused by the individual ability to address. Douglas Kysar Darden’s inspiration for redevelop- out with a sense of how to approach building position, whether it’s a new lack of political accountability. Environmental protection ultimately J. Gustave Speth ’69 ment work came years ago, while on a things differently, how to make a differ- idea, a physical structure or a company,” Today, he works to achieve environ- depends on the public paying attention Robert M. Sussman ’73 business trip in Spain where he was pur- ence from within the system.” Darden says. “Seeing change happen is a mental accountability in the U.S., as to these issues and educating them- chasing brick manufacturing equip- After graduating from YLS, Darden cool thing.” head of the legal division of EPA’s crimi- selves, then voting their environmental ment. He noticed workers building on went to work for Bain & Company, where nal enforcement office. He and his wife principles.” walls that were close to two thousand he did energy efficiency cost reduction
Barratt-Brown photograph by Matt Greenslade Matt by photograph Barratt-Brown Christy ’94 are also personally commit- 46 47 yale law report winter 2009
still has at its core a commitment not only to the environment, but to people Winds of Change and equality. I appreciate that NRDC Steve Vavrik ’96 works for every American and for people Fighting Pollution and Poverty and places around the world.” Van Jones ’93 Steve Vavrik ’96 is a farm- Currently, Barratt-Brown is working Founder, Green for All er—but you won’t find on slowing the development of a new, him driving a tractor, milk- high-carbon synthetic fuels industry in ing a cow, or baling hay. Vavrik, vice president of North America, focusing her efforts on Van Jones graduated from Yale Law these things called salads and tofu,” the strip mining for oil taking place in School more concerned with vulnerable Jones remembers with a laugh. It was origination, and his col- leagues at their company the Boreal Forest. Starting in the Yukon people than a vulnerable planet. Social the first time he saw clearly what he has First Wind focus exclu- Territory, the Boreal Forest forms a band justice and civil rights were his main now come to call the “eco-apartheid.” sively on the development, ownership, more than 600 miles wide sweeping focus and, to that end, in 1996 he While the mostly white, affluent Marin and operation of wind farms. southeast to Newfoundland and founded the Ella Baker Center for County was embracing all things green, “At First Wind, we create wind power Labrador. The forest is one of the plan- Human Rights. Jones’s main mission the predominantly African-American plants from just an idea,” Vavrik explains. et’s last large intact ecosystems and the was to get kids out of jail and into jobs. city of Oakland was mired in unemploy- “Successful development requires the largest terrestrial storehouse of carbon. Fast-forward to 2000. Burned out from ment and industrial pollution. combination of wind resource, revenue, “Boreal Forest-derived oil now makes what Jones describes as “too many funer- “I had this kind of epiphany,” Jones equipment cost, and creative financing.” up nearly eight percent of our daily oil als and too many court hearings that remembers, “that Oakland needs green “What I enjoy most is seeing how this use and its production releases three ended badly,” he crossed the bay from jobs, not jails.” all comes together from the perspective times the global warming pollution per his hardscrabble home base of Oakland, As Jones saw it, there were two ways of the owner. In addition, I feel a tremen- barrel than conventional oil,” she says California, to glittering, New Age Marin to proceed. “On the one hand, we have dous sense of pride when one of our proj- She points out that while protecting County to attend a meditation retreat. the opportunity for more work, more Van Jones ’93 ects starts operating. While all projects the forest is a major goal of NRDC work, “Everyone was doing yoga and eating wealth, and more health,” he says. are challenging, renewable energy proj- the group is also contrasting the strip ects help create a positive legacy for mining of oil with cleaner alternatives, “On the other hand, we have an eco- “We have a Saudi Arabia of wind and future generations.” such as fuel efficiency, improved public First Wind is currently focusing its apartheid.” solar energy in our Plains States.” transportation, and renewable energy. Examining Climate Change and Energy Policy efforts on developing wind farms in the Jones soon founded Green for All, a Green for All works to train people “This is a very real example of the fork Robert Sussman ’73 northeastern and western regions of the national organization dedicated to who need jobs—many of them minori- in the road we find ourselves at the turn U.S. and in Hawaii, and is already produc- Robert Sussman ’73, a senior fellow at the Center for American building a “green economy” connecting ties—in the “green collar” sector. of the 21st century. We can use ing energy through three operating wind Progress in Washington, D.C., is a leading expert on climate the environmental movement with the Beyond being about greening the American ingenuity and policy to move farms. The company is looking to develop change and energy policy. During the Clinton administration, he work for social justice. planet, Jones sees the movement as cen- us to a different energy path or we can wind energy projects in other markets as served as deputy administrator of the Environmental Protection Jones sees a growing green move- tral to the 21st century civil rights scrape the bottom of the barrel and lose well. Agency and, as second in command, played a lead role on Superfund, global warm- ment as part of the recipe for improved agenda. irreplaceable natural resources.” According to the American Wind ing, science policy, and the environmental aspects of NAFTA. economic health for the United States, “Everything that is good for the envi- Barratt-Brown spends a great deal of Energy Association, wind power is now Sussman most recently lent his expertise to the Law School during Alumni and a cornerstone of the next economy. ronment is also a job or a business or an her time educating members of one of the largest sources of new electric- Weekend 2008: Imagining the Future, where he participated in a fascinating discus- “We can simultaneously create an eco- economic opportunity,” he says. Congress and large oil-using corpora- ity generation of any kind. Wind projects sion on the Next Generation of Environmental Policy. Sussman, a former partner at nomic and environmental renaissance,” “Buildings don’t weatherize themselves. tions about the Boreal Forest, as well as accounted for about 30% of all new Latham & Watkins and head of its environmental practice, discussed the Supreme he says. “The problem with the U.S. Solar panels don’t install themselves. about cleaner alternatives. power-generating capacity added in the Court’s landmark 5-4 decision in Massachusetts v. Environmental Protection Agency Gardens don’t plant themselves.” “I also work to put in place low carbon economy is that we’ve been borrowing U.S. in 2007. in 2007, which he said “changed the environmental policy landscape in a very pro- fuel requirements, again both at the gov- rather than building—our consump- “It would be very easy to create eco- Vavrik joined First Wind after a stint found way.” In the case, twelve states and a number of cities brought suit against ernmental level and within corpora- tion, ecological destruction, and eco- apartheid jobs,” Jones adds. “The trick is with GE Capital as a financial associate. the EPA to require it to regulate greenhouse gases as pollutants under the 27-year- tions,” she explains. “We just launched, nomic downfall are all interrelated,” he to create green collar jobs that are regu- He has ten years of energy industry expe- old Clean Air Act. Sussman said that the favorable decision resulted in the current for example, a Sustainable Aviation Fuel adds. “We have to start producing some- lated in some way. We don’t want to rience under his belt and is in charge of Supreme Court “basically deciding that the scientific evidence on global warming Users group with Boeing and Virgin thing in the United States.” create a solar sweatshop… We need to creating and executing the revenue plans was too compelling to ignore.” Atlantic Airways and ten other airlines Wind turbines—too heavy to be do this in a way that would make Dr. for First Wind’s power projects. This “When I went to law school, there were no environmental law courses,” Sussman that will use, as its basis, research from shipped from overseas—have been one King proud.” Y involves identifying the key market recalled. “But interest in the environment was definitely building and we had the a team at the School of Forestry & new American product gaining ground opportunities and risks, developing rela- first Earth Day in 1970. Charlie Reich ’52 had already writtenThe Greening of Environmental Studies on jatropha, a thanks to increased environmental See page 16 to read about tionships with the power buyers, and America, which was a formative book for me. So I think the atmosphere of the potential fuel source.” awareness. “One thing that we can pro- Jones’s new book, then negotiating and executing the times—and the early commitment of Yale Law grads to public interest environmen- duce here is clean energy,” Jones says. The Green Collar Economy. power purchase agreements. tal law—were key influences for me.”