VERMONT JOURNAL of ENVIRONMENTAL LAW Volume 21 l Issue 3 VERMONT JOURNAL OF ENVIRONMENTAL LAW VERMONT LAW SCHOOL Volume 21, Issue 3 Spring 2020 TRANSCRIPTS Vermont Law School’s Sixth Annual Alumni in Energy Symposium: Securing the Future Low Carbon Grid………………………………...…..240 ARTICLES The Right to a Clean Environment in India: Gender Perspective Gayathri D. Naik..........................................................................................371 Comparing Recent Federal and State Attempts at Legislation Promoting Shark Conservation: A Failure of Cooperative Federalism? David E. Jennings.........................................................................................416 Sierra Club v. Virginia Electric & Power Co.: How a Clean Water Act Misinterpretation May Open the Floodgates to Future Groundwater Polluters Therese Wilkerson........................................................................................442 Judicial Review on the Validity of Contract Concerning Natural Resources Exploitation and UtiliZation in Special Regions Zhu Jing........................................................................................................467 The staff of Volume 21 of the Vermont Journal of Environmental Law would like to thank Siu Tip Lam, Director of the U.S.-Asia Partnerships for Environmental Law and Associate Professor of Law at Vermont Law School, and her students for their extensive help on production for the article “Judicial Review on the Validity of Contract Concerning Natural Resources Exploitation and UtiliZation in Special Regions.” VERMONT JOURNAL OF ENVIRONMENTAL LAW Vermont Law School P.O. Box 96 South Royalton, Vermont 05068 (802) 831-1024 [email protected] vjel.vermontlaw.edu Cite to this Journal as: 21 VT. J. ENVTL. L. (2020). The views expressed in this issue are those of the authors and do not represent the position or views of VJEL or Vermont Law School. Submissions: VJEL welcomes the submission of unsolicited articles, comments, essays, and book reviews. Manuscripts can be submitted to the above addresses. SubsCriptions: You can subscribe directly to our Journal online at vjel.vermontlaw.edu. CopyriGHt: © Copyright 2020 by Vermont Law School. All rights reserved. Except as otherwise provided, the author of each article in this issue has granted permission for copies of that article to be made for classroom use, provided that: (1) the author and Vermont Journal of Environmental Law are identified on the copied materials; (2) each copy bears the proper notice of copyright; and (3) Vermont Journal of Environmental Law is notified in writing of the use of the material(s). Cover Image: “Wind Turbine” by Gonz DDL on Unsplash. This Journal is available exclusively in electronic format VERMONT JOURNAL OF ENVIRONMENTAL LAW VERMONT LAW SCHOOL Volume 21, Issue 3 Spring 2020 EDITORIAL BOARD 2019–2020 EDITOR-IN-CHIEF Dayna Smith ADMINISTRATIVE EDITOR SENIOR MANAGING EDITOR SENIOR ARTICLES EDITOR Olivia Deans Sarah Mooradian Charles Kuo SENIOR NOTES EDITOR WEB EDITOR SYMPOSIUM EDITORS Yasmín Pérez Ortiz Philip Deatherage Sedona Chavez Abigail Hogan SOCIAL MEDIA EDITOR MANAGING EDITORS EVENTS EDITOR Justin Somelofske Elisabeth Fainberg Lewis Grove Marisa Heiling NOTES EDITORS ARTICLES EDITORS Andrew Dinwoodie Therese Wilkerson Andrew Hulett Alexander Steinbach Gabriela McMurtry Alyson Hehr Noah Jallos-Prufer PRODUCTION EDITORS Daniel Brown William Northrop Chester Harper Savannah Rose EDITORIAL STAFF Ii Kenneth Bozarth Andrew Lechner Mitul Patel Maggie Broughton Max Matt Brian Pattison Terry Ann Campbell Erin Miller Ethan Pauling Victoria Chase Alida Mooney Austin Scarborough Maggie Curran Kerianne Morrissey Alexander Spitzer Antonia Douglas Samantha Morrison Hunter Sutherland R.J. Dufour Naveed Nanjee Jerry Thomas William Goldberg Ainslie Neubert Jacqueline Waller Annie Harb Kayley Olson Amanda Webster Morgan Klimmek Danielle Palermo FACULTY ADVISOR John Echeverria VERMONT LAW SCHOOL’S SIXTH ANNUAL ALUMNI IN ENERGY SYMPOSIUM: SECURING THE FUTURE LOW CARBON GRID SYMPOSIUM PROCEEDINGS OCTOBER 17, 2019 BRACEWELL LLP, 2001 M ST NW, WASHINGTON, D.C., 20036 SPONSORED BY THE VERMONT LAW SCHOOL INSTITUTE FOR ENERGY AND THE ENVIRONMENT, BRACEWELL LLP, DC BAR COMMUNITIES, AND PERKINS COIE LLP Introduction ............................................................................................... 240 Panel One: The Role of Natural Gas in a 100% Clean Power Sector ....... 245 Panel Two: Challenges & Opportunities for Grid Scale Solar Development ................................................................................................................... 282 Panel Three: Federal and State Policy for Electric Grid Cybersecurity .... 322 Keynote Address: The Honorable Tom Ridge .......................................... 355 INTRODUCTION1 Alan Strasser: 00:00:02 Okay. Good afternoon. Welcome to the 6th Annual Energy Symposium reception, here at Bracewell, LLP, in Washington DC. Alan Strasser: 00:00:11 We titled this program "Securing the Future: Low Carbon Grid", and we're here live. We are also simultaneously webcasting this event. We would ask folks on the phone, please mute your phones to avoid feedback. And I'd like to just give you-simply say that I'm Alan 1. This transcript was created by Rev.com and exported on October 28, 2019. The full transcript can be found at https://www.rev.com/transcript-editor/shared/QrNVy7fcWBpjun0Th- JNn2lcgAqnKRxrCkeFH9-mxR9rB3loxZDATf4tnq226lPgxye3CjDr- uN6eimwuzbMIrSYgWg?loadFrom=DocumentHeaderDeepLink. 2020] Sixth Annual Alumni in Energy Symposium 241 Strasser, I'm the DC representative of the Vermont Law School, or as we call it, VLS, Alumni Energy Affinity group. Alan Strasser: 00:00:43 I'm going to introduce a couple of- acknowledge a couple of people and give an overview of our program in a moment. But before that, I'd like to ask Hans Dyke, of the Bracewell firm, to come up and say a couple of words, and we really appreciate all their help and bringing us together here. Hans Dyke: 00:01:02 Sure. Alan Strasser: 00:01:02 Hans... Hans Dyke: 00:01:03 Thanks, Al. Hans Dyke: 00:01:06 So, I'm Hans Dyke. I'm an energy infrastructure lawyer in this office, in Washington and Bracewell. We're very, very pleased to have you all back. I think many of you are back for the second time here. We were lucky enough to host for the second time. So, thank you for coming. Hans Dyke: 00:01:23 So, logistically, if you all need anything, Julia, is here...just excellent on anything technology related, if you have a technology problem. I need to mention the bathrooms, they are that way. So, walk around either left and right you'll hit them. But-to get that out of the way. Thank you all very much. Hans Dyke: 00:01:39 Bracewell is... A little bit about Bracewell. We are [inaudible 00:01:43]firm [inaudible 00:01:44] in energy infrastructure, environmental, all the stuff that goes along with that. Energy really is in our DNA. Hans Dyke: 00:01:51 We're not all things to all people, and we don't try to be. But we do energy deals, and energy work, and environmental work, and everything that goes along with that, all around the world from our offices here, Houston, London, and Dubai. So, that's who we are and sort of what we do. Hans Dyke: 00:02:06 In particular, my practice is all transactional. We'll do solar deals, wind deals, gas, fire deals. So, if there's anything sort of in this 242 VERMONT JOURNAL OF ENVIRONMENTAL LAW [Vol. 21 space, a lot of upstream oil and gas, midstream, downstream. But that's what we do. Hans Dyke: 00:02:19 Our tax lawyers, our real estate lawyers, our energy lawyers, our benefits and labor lawyers, our energy lawyers. So, when you come here, and you're at Bracewell, and you are doing energy deals or energy litigation, you don't have to educate your colleagues, who are specialists in certain areas, or your deal lawyers that are-we all do the same thing. So, it's a great place to be for people who are in the energy space. Hans Dyke: 00:02:41 Anyway, Jason Hutt cannot be here. He is...I think most of you all, I think are Vermont Law School grads and you probably all know Jason...He seems to know all of the Vermont law school grads I've met in my career. But Jason has sent his apologies. He's on a plane back from- Alan Strasser: 00:02:56 either South Dakota or I think he went from- Hans Dyke: 00:02:59 somewhere in Texas to somewhere north of Texas, and now he's on his way back and he will be at our reception this evening. But he wanted us to mention this. So, Hans Dyke: 00:03:14 So, with that, let us know if you need anything either Julia, myself, Josh Robichaud, who is one of our attorneys here and he can lend his perspective on I think the first panel that y'all have. Hans Dyke: 00:03:26 So, I'll get out of the way. Let us know if you need anything, but welcome and thanks for coming. So, I don't think- Alan Strasser: 00:03:38 Thanks, Hans. Bracewell's been a great partner. They're in the facility, they're hosting the events, they've done it before. Jason Hutt is in a really committed [inaudible 00:03:48]. Alan Strasser: 00:03:48 So, I wanted to very quickly give an overview of the program, acknowledge, and thank some folks. I'll give you a quick history, and we'll get right into the program, and stay on time. 2020] Sixth Annual Alumni in Energy Symposium 243 Alan Strasser: 00:03:56 The other sponsors are, besides the VLS Alumni Energy Affinity group, are the EDLS Institute for Energy and the Environment. Also, Perkins Coie, as well as the DC Bar Energy Environment and Natural Resources community. Alan Strasser: 00:04:13 So, welcome to our community where we bring lots of people together, not just to make you feel less alone. The overview program is pretty quick. We have three panels, we have a Keynote, and then we have a reception starting at 5:45. All that's on the website and some materials in front.