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THE FEDERAL LAWYER The Magazine of the Federal Bar Association Volume 62, Issue Six JULY 2015 Judicial Profiles Hon. J. E. Sullivan page 47 FBA Events Annual Meeting and Convention Sept. 10–12 • Salt Lake City Federal Litigation Conference Oct. 27 • Washington, D.C. D.C. Indian Law Conference Nov. 10 • Washington, D.C. THE Untitled-2.indd 1 1/6/15 3:12 PM THE FEDERAL LAWYER The Magazine of the Federal Bar Association Volume 62, Issue Six EDITORIAL BOARD Editor in Chief Becky Thorson July 2015: Transportation and Transportation Security Law [email protected] Deputy Editor in Chief Elizabeth Kronk Warner [email protected] Managing Editor 22 Sarah Perlman (571) 481-9100 Moving the World [email protected] 24 Book Review Editor Transportation Law Henry Cohen #transportation [email protected] By Thomas Lehrich Judicial Profile Editor By Samuel Negatu and Thomas Lehrich Hon. Michael Newman [email protected] Board Members 26 Gregory Arnold Andrew Doyle Anne Shea Gaza A Brief Flight Through Federal 34 Jonathan Hafen Rachel Hughey Airport Law Avenues to Foreign Investment Caroline Johnson Levine Tara Lundstrom By David Y. Bannard in China’s Shipping Industry Jordan Maglich Hon. Karoline Mehalchick Have Lease Financing Arrangements Bruce McKenna Glen McMurry and the Free Trade Zones Opened John Okray 49 Markets for Foreign Non-Bank Philip Schatz Investment? Jason Steed Transportation by the Numbers Michael Zuckerman By Rick Beaumont The Federal Lawyer (ISSN: 1080- 675X) is published 10 times per year, monthly, except for Jan./Feb. and Oct./Nov. when it is bimonthly, 50 by the Federal Bar Association, 1220 N. Fillmore St., Ste. 444, Arlington, 52 VA 22201 Tel. (571) 481-9100, Fax Proposed Rules for Small, (571) 481-9090, Email: [email protected]. Unmanned Aircraft Systems Editorial Policy: The views published Is Legislation Needed in The Federal Lawyer do not nec- By Thomas Lehrich and To Prevent Invasions of Privacy essarily imply approval by the FBA or any agency or firm with which the Matthew Hersey by Unmanned Aircraft? authors are associated. All copyrights are held by the FBA unless otherwise The Law and Some Modest noted by the author. The appearance of advertisements and new product Legislative Proposals or service information in The Federal By David E. Schaffer Lawyer does not constitute an endorse- 58 ment of such products or services by the FBA. Manuscripts: The Federal Lawyer accepts unsolicited manu- Recent Regulatory and scripts, which, if accepted for publica- tion, are subject to editing. Manuscripts Legislative Developments 62 must be original and should appeal to a diverse audience. Visit www.fedbar.org/ Involving Transportation of TFLwritersguidelines for writer’s guide- The ICC from A to Z lines. Subscription Rates: $14 of each Crude Oil and Hazardous member’s dues is applied toward a sub- By Bernard F. Diederich scription. Nonmember domestic sub- Commodities by Rail scriptions are $35 each per year; foreign subscriptions are $45 each per year. By Kathryn J. Gainey and All subscription prices include postage. Nina S. Thanawala Single copies are $5. Periodical postage 66 paid in Arlington, Va., and at additional mailing offices. POSTMASTER, send changes of address to: The Federal Air Ambulance Lawyer, The Federal Bar Association, Rescuer or Rescuee? 1220 N. Fillmore St., Ste. 444, Arlington, VA 22201. © Copyright 2015 Federal By Bernard F. Diederich Bar Association. All rights reserved. PRINTED IN U.S.A. Federal Bar Association 1220 N. Fillmore St., Ste. 444 VICE PRESIDENTS FOR THE CIRCUITS COLUMNS Arlington, VA 22201 FIRST CIRCUIT Ph: (571) 481-9100 • F: (571) 481-9090 Matthew C. Moschella 3 AT SIDEBAR • By Andrew J. Doyle [email protected] • www.fedbar.org Oreste Ramos SECOND CIRCUIT BOARD OF DIRECTORS Environmental Justice on the Move Ernest T. Bartol PRESIDENT • Matthew B. Moreland John G. McCarthy [email protected] 7 WASHINGTON WATCH • By Bruce Moyer THIRD CIRCUIT President-elect • Mark K. Vincent Hon. Karoline Mehalchick Federal Bar Association Leaders Focus Congress' Attention on [email protected] Bridget E. Montgomery Judicial Issues at Capitol Hill Day TREASURER • Hon. Michael J. Newman FOURTH CIRCUIT [email protected] Andrew K. Clark Simeon H. Baum ORPORATE AND SSOCIATION OUNSEL IVISION Christine C. Varnado 8 C A C D [email protected] FIFTH CIRCUIT By Rachel V. Rose Kip T. Bollin Barry Ashe Transporting Protected Health Information in the Digital Age [email protected] Marc W. Taubenfeld Richard S. Dellinger SIXTH CIRCUIT 10 HEALTH Law UPDATE • By John Okray [email protected] Tonya Kennedy Cammon Raymond J. Dowd James W. Satola [email protected] A Critical Look at Nutrition Policymaking With the Co-Author of SEVENTH CIRCUIT Katherine González-Valentín The China Study Sheri Mecklenburg [email protected] Maria Z. Vathis Kristin Kimmelman EIGHTH CIRCUIT aw TUDENT ERSPECTIVE • By Ashley Akers [email protected] 12 L S P Daniel C. Hedlund Why Joining Organizations—like the FBA—Is Better Than Anh Le Kremer Adine Momoh [email protected] NINTH CIRCUIT Kevin A. Maxim Meeting Elvis Alison S. Bachus [email protected] Joseph S. Leventhal 14 STATE AND LOCAL GOVERNMENT • By Caroline Johnson Levine Matthew C. Moschella [email protected] TENTH CIRCUIT Jonathan O. Hafen Removing State Cases to Federal Forums Patrick E. O’Keefe Chris M. Stephens [email protected] 16 LABOR AND EMPLOYMENT CORNER • By Thomas R. Revnew Dawn E. Stern ELEVENTH CIRCUIT [email protected] Brett A. Barfield The Push to Correct the Misclassification of Commercial Truck Maria Z. Vathis Michael Vitale Drivers [email protected] D.C. CIRCUIT EX OFFICIO MEMBERS Steven R. Miller Elizabeth Pugh 18 IN THE LEGAL COMMUNITY • By Danielle C. Lesser Christian Adams [email protected] SECTION AND DIVISION CHAIRS Southern and Eastern Districts of New York Honor Their Four Warren Burke CHAIR, SECTIONS AND DIVISIONS COUNCIL Hon. Elizabeth Kronk Warner Women Chief Judges [email protected] Hon. Elizabeth Kronk Warner DEPUTY CHAIR, SECTIONS AND DIVISIONS [email protected] COUNCIL Karleen J. Green Christie C. Varnado [email protected] ADMIRALTY LAW JUDICIAL PROFILES Howard McPherson NATIONAL STAFF ALTERNATIVE DISPUTE RESOLUTION 47 HON. J. E. SULLIVAN• By Jason Schlosberg EXECUTIVE DIRECTOR Jeff Kichaven Karen Silberman Administrative Law Judge, U.S. Department of Transportation ANTITRUST AND TRADE REGULATION [email protected] Frank Carroll DEPUTY EXECUTIVE DIRECTOR BANKING LAW Stacy King Jean Veta [email protected] BOOK REVIEWS BANKRUPTCY LAW Maria Conticelli Mark Desgrosseilliers CLE Manager OODBYE IKE ELLO UDGE Y OURNEY FOR USTICE CIVIL RIGHTS LAW 83 G M , H J : M J J [email protected] Eileen Rosen By Myron H. Bright • Reviewed by Dennis M. Kelly Monique Dennis CORPORATE AND ASSOCIATION COUNSEL Membership Coordinator Rachel Rose [email protected] HE MBATTLED ONSTITUTION CRIMINAL LAW 84 T E C Heather Gaskins Geoffrey T. Cheshire Director of Development NVIRONMENT NERGY AND ATURAL Edited by Norman Dorsen with Catharine DeJulio• Reviewed by E , E N [email protected] RESOURCES Paul Vamvas Marcellus Howard Sheila S. Hollis Sections and Divisions Coordinator FEDERAL CAREER SERVICE 85 A HISTORY OF THE TWENTIETH CENTURY IN 100 MAPS [email protected] Ila Deiss Kate Koch FEDERAL LITIGATION By Tim Bryars and Tom Harper• Reviewed by Henry S. Cohn Administrative Coordinator Robert E. Kohn [email protected] GOVERNMENT CONTRACTS 86 BECOMING STEVE JOBS: THE EVOLUTION OF A RECKLESS Yanissa Pérez de León Jerry Alfonso Miles Communications Coordinator HEALTH LAW UPSTART INTO A VISIONARY LEADER [email protected] John Okray Sarah Perlman IMMIGRATION LAW By Brent Schlender and Rick Tetzel • Reviewed by Communications Manager Hon. Robin Feder [email protected] INDIAN LAW Christopher Faille Andrew Adams III Patty Richardson Receptionist INTELLECTUAL PROPERTY LAW [email protected] Alexa Lewis INTERNATIONAL LAW Melissa Schettler DEPARTMENTS Matt McGhie Meetings Manager IDYEAR EETING ECAP [email protected] LABOR AND EMPLOYMENT LAW 20 FBA M M R Craig Cowart Debbie Smith QUI TAM 77 SUPREME COURT PREVIEWS Chapters Coordinator John R. Thomas [email protected] 96 LAST LAUGH SECURITIES LAW Jane Zaretskie Stephen J. Crimmins Director of Membership and Chapters SENIOR LAWYERS [email protected] Mark Wine FBA MEMBER NEWS SOCIAL SECURITY LAW Hon. James D. Wascher 90 CHAPTER EXCHANGE STATE AND LOCAL GOVERNMENT RELATIONS Caroline Johnson Levine 91 SECTIONS AND DIVISIONS TAXATION Todd Reinstein 92 MEMBER SPOTLIGHT: APRIL 2015 TRANSPORTATION AND TRANSPORTATION SECURITY LAW Thomas Lehrich VETERANS AND MILITARY LAW Carol Wild Scott YOUNGER LAWYERS Christian Adams At Sidebar by Andrew J. Doyle Environmental Justice on the Move This edition of The Federal Lawyer focuses on federal the opportunity to enjoy the health and economic benefits of a clean transportation law, and this month’s At Sidebar addresses its intersec- environment.”7 tion with “environmental justice.” In 2011, the heads of 17 federal agencies executed a memorandum of understanding on environmental justice (EJ MOU).8 The EJ MOU What is “environmental justice” and its related federal policy? “declare[d] the continued importance of identifying and addressing en- Environmental justice, at its core, envisions that (1) all persons, re- vironmental justice considerations in agency programs, policies, and ac- gardless of whether they are part of a low-income or minority commu- tivities as provided in Executive Order 12898.”9 The EJ MOU also called nity, be provided with an equal opportunity to be heard before conse- for agencies to share their “environmental justice strategies and imple- quential environmental decisions are made or actions taken and (2) all mentation progress reports.”10 In particular, each agency agreed to: persons, regardless of their low-income, minority, or tribal status, bear (1) post on its Web page its environmental justice strategy and annual an equal share of associated burdens of pollution.1 We, as a society, have implementation progress reports, (2) provide the public with “mean- not achieved environmental justice.
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