Keynote Speakers(4:28:07)Ben Tettlebaum: Hi everyone thank you for your patience. As I said before the break representative Hinche unfortunately has taken ill, but I think a lot of you know Dan Lamb who has come to make a few remarks on behalf of representative Hinche so I will introduce Dan Lamb.

Dan Lamb: Good evening everyone, it is good to be here. I think this is a terrific conference and I got to attend some of it yesterday and I have very impressed. Unfortunately Congressman Hinchey was looking forward and spending some time with everybody and speaking about some of the federal issues that he is very much engaged in. But he work up today and didn’t feel very well. He had a long weekend in Washington and his wife wouldn’t let him come. Sometimes you just got to listen to your better half and do the right thing. So he is deeply sorry that he can’t be here because this is an issue that he care very, very deeply about and if you follow his work very closely you will know that we have a few years under our belt on this issue and watching this kind of blossom into the policy issue that it is today has been kind of watching a train coming at us. We know it is coming because I know this was going to be big, Maurice knew it was going to be big and what we knew needed to happen was a through discussion about the policy, the science and the implications of this industry and to make sure some of the mistakes from our environmental past aren’t repeated. See Maurice goes back on a number of issues from PCB’s in the Hudson river to trichloroethylene down in Endicott plume to acid rain in the Adirondacks . He has seen a lot of environmental opportunities missed in terms of regulation and seeing the cost of cleanup and the cost of inaction. What we want to see this time is basically get the policy right and that is one of the reasons that he brought this issue to the forefront in congress and asked nicely to EPA and then legislated to make sure that EPA would indeed do a study on the health risks of hydraulic fracturing. As many of you know that study is underway. We like to call that the Hinchey study but occasionally people call it other things and we think it is something very, very important to get the science and research done on this issue and if you paying attention to that study and I hope you are so far we are very impressed with how EPA has approached this issue. But I know there are a whole hosts of other areas of this issue that have been pursued many by the experts here and we just command everybody for keeping a close watch on this issue and I want to ensure you that congressman Hinchey is keeping a close watch on it. So again I am sorry Maurice couldn’t be here. He really wanted to participate in this, but we are glad you are all here and thank you very much.

Stewart Schwab: Well I'm Stewart Schwab, the _____*4:31:15 Dean of the Law School and I want to thank you all for attending this wonderful conference on gas drilling sustainability and energy policy searching for a common ground and I hope that the panels and lectures have provided you with insights on these very important issues that have gotten so much of our attention recently. I would like to thank a moment to thank the people who have made this conference possible. This has been a student run event here at Cornell Law School and I think it has really set a standard of excellence and so at the risk of leaving out some I do want to thank several students, certainly the conference chair organizer, Ben Tettlebaum. [applause] He and I first began discussing this conference quite some time back and there's been dozens and dozens of hours, probably actually hundreds and hundreds of hours. The conference committee, Alexis Saba and Emily Green, technical director, Jesse London, sponsor booth coordinator, Yen Lang,

press coordinator, Julie ____(s/l Dopsis), online resource manager, James Hicks and especially volunteer coordinator, Ben Farrell and should I say the truly dozens of other volunteers that have participated to make this (inaudible- applause). And now it is my pleasure to introduce the keynote speaker to wrap up this event and I think we could have not come up with a more qualified person to give us some perspective here. It gives me extra pleasure, or maybe the reason why we couldn’t find somebody more qualified for us is he is one of our own. He is actually a double degree holder of Cornell and undergraduate degree and a graduate of Cornell Law School so I always like to pause there when I am introducing someone. But he is truly a leader in environmental policy in business, government and academia, currently the deputy, director and general counsel for the White House counsel on environmental quality. Prior to that employment, he was vice president of general counsel of APX, which was the leading infrastructure provider of our environmental energy markets. He also has been an adjunct professor of environmental law at Georgetown where he is teaching a course on climate change law. Prior to that he was a global practice leader for climate risk and sustainability at Marsh Incorporated, which is the world’s leading insurance broker and strategic risk advisor. Before that he couldn’t stop there and I think I have demonstrated the point that he is supremely well qualified to give us a general overview, but I am just really getting started. The prior decade under President Clinton, he was general counsel for the U.S. Environmental Protection Agency where he was involved in certainly dozens of different areas and I will just flag one. He offered climate change opinions that were later ratified in the U.S. Supreme Court in landmark decisions finding greenhouse gases are pollutants with the meaning of federal law. He was before general counsel, he was counselor to the administrator of the EPA. He also has been in private practice at the law firm of ______*4:35:25 in ______. So, Gary, it is not the first time that you have been back to the law school and I very much hope it is not the last time, but I certainly very much welcome you this time to speak generally on energy policy and the role that Cornell Law School and its students can play.

Gary Guzy: Well thank you, Dean Schwab and let me just assure you from the start those Cornell law graduate who are here that my resume isn’t actually proof that you can’t hold a job when you graduate from Cornell Law School. But it is an absolute privilege to be able to return to Cornell to join you for what is a really thoughtful and provocative conference and really to have the opportunity as well to take some time to discuss the public interest lawyering. I want to congratulate as well the conference organizers who have done a spectacular job, Ben and you colleagues and just we are involved in an enormously time gathering as well. What they have done is worked to connect, somewhat centrally isolated to the events of a broader world and I know that is something that law schools strives to do and something of critical importance and something that I want to talk about today. I am sorry that Congressman Hinchey isn’t here but I certainly appreciate his enormous leadership on these issues as well. As you have heard I come to you with the privilege of being engaged in public service and I am serving the president. But I have also had the opportunity to spend time in private law practice and business and academia and when I think back across my career I do focus on the special opportunities that public service had provided me to make contributions to the health and wellbeing of our country and of people in their everyday lives and that is absolutely essential and I also think about the special opportunities and the special responsibilities that come from the role of being a lawyer in this work and perhaps in few areas has this been more true than in the environment. So what I want to do is sort of go back to the beginning of modern environmental protection and it is really

worth reminding ourselves how modern environmental laws came to be. Because sometimes that is very easy to forget. We have had some reminders recently with the events in Japan certainly and the Deep Water Horizon spill. But sometimes we forget the ground swell of public and political concern that grew about the environment in the post-war era and a real sense of crisis. So for me nothing is more evocative from the past then in fact music. So I wanted to start with Jesse's help with a particular song and there was a quintessential musical that really captured the early 1970s, the late 1960s and I think the spirt of what was happening around in the environment. *4:38:37 (Plays song). (talks but cannot hear over music). To address some of these issues. Well it just wasn’t just the air it was the water and that included a well that blew out off the coast of Santa Barbara fowling wildlife birds, putting them in oil really in a graphic way were the first time driving home to Americans the consequences of your responsible energy productions and the dangers inherited in it. As if that weren’t enough this is a picture of the Cuyahoga River in Cleveland, Ohio and usually we think that water doesn’t burn, but in fact because of all the unregulated industrial discharges that were going into that river it caught on fire and it not only caught on fire once it caught on fire several times, sort of a shocking result and then the New Yorker fan a serial of Rachel Carson's Silent Spring and this book for those of you who aren’t familiar with it looked at the unregulated use of pesticides and its affect upon our environment and in particular it looked at the way in which the pesticides were preventing bird eggs forming including the bald eagle our national bird could no longer reproduce. It was threatened and ultimately endangered. So this really sort of overwhelming sense and add to that the fact that people were finding these things which were leaking hazardous waste drums either in basements of developments or schools or in backyards with very little regulation and many of you may know of ____(s/l John Dingell) who is now the most senior member of congress. He was the sponsor of the National Environmental Policy Act, really the first piece of modern environmental legislation and he had this to say. He said mankind is playing an extremely dangerous game with its environment. Unless we change our ways mankind faces the very real possibility of extinction from misuse of environment. We have been warned of the dangers and consequences of such upsetting agents such as air pollution, water pollution, explosion and over euthanasic use of pesticides. And if Jesse would be good enough to go to the next clip, we again had music beginning represent a real sense of this crisis. *4:42:14 (plays a song). So it goes on but the overwhelming sense was that in area after area there was ______ and what happened ______(cannot hear over song) and as a result the government responded and responded by the act of the ________. (cannot hear over song). President Obama issued a proclamation that _____ remains the cornerstone of our nations modern environment protection and is called the _____ part of the modern environmental movement with modern environmental laws. Now it is remarkable for several reasons but I find it amazing because it had a transformable affect in promoting transparency and public engagement in government and we take that for granted today that governmental decision making should be open, that government action should be carefully thought through, that our consequences should be explained and that government in fact should be accountable. But really NEPA was the source of these fundamental shifts and it declared a national policy to “encourage productive and enjoyable harmony between man and his environment and it embraced a broad new area of environmental awareness and it has been widely replicated as a success story by more than 100 countries and by many of the states and I start with NEPA in many ways because it is a reminder of the importance of developing and enduring environmental approaches. As its core what it does it says the federal government should look before it leaps. Before it does things they may significantly affect the quality of our

environment it should assess those things and in this way it recognizes the balance between you and the environment is essential to as it says stimulating the health and welfare of the nation. Congressman ensured that NEPA could help the United States meet the challenges of the future and from its generality really comes in fact its strength and we believe the need to continue to refresh it to ensure that it in fact is modern and keeping pace with the times but it also from its generality came enormous opportunities for important and very creative lawyering in interpreting those general provisions. It is in fact in on the subject of 16 different supreme court decisions including just last year in ______(s/l Monsanto vs. Gehrstein Seed), which was about the appropriate injunction relief for inadequate NEPA analysis involving the circumstances of planting of alfalfa ready roundup, a crop that resists the actions of leaf killers that are used to prevent leaves from growing up between the rows, bioengineer crop and the supreme court looked at that and considered the inadequacy of the NEPA analysis and the nature of an injunction that could apply well _____*4:47:51. Even as we today face these enormous challenges to our economy and our environment we find that those issues remain absolutely central to work of government and that the lessons that we have learned over the last four years are the economic and health and prosperity are very inexpertly linked to the productive and the sustainable use of our environment. So let me take second and tell you about some of the changes we are making to keep NEPA fresh. As you all know one of the critical issues we face today is climate change and how to consider the country should have a federal act to these themselves to greenhouse gas emissions and the potential for climate change should affect federal investments and those federal activities. So whether we are talking about powering a new federal facility, how we purchase our fleets or building long-lived infrastructure it would be absolutely foolhardy not to consider and understand the nature of the country issue of climate that is such an activity would impose. So we have issued now draft guidance for public comment on when and how federal agencies consider those impacts as they go about their work. We have always followed guidance on something known as categorical exclusions and this perhaps unfortunately has became known about during the Deep Water Horizon’s bill were the permitting there had relied upon an over 20 year old categorical exclusion and we became concerned that it shouldn’t become a way to bail actions from public review. So our guidance now ensures that there is a public record of application and development of categorical exclusions and a requirement that they stay timely and they reflect changing nature of technology and risk, such as drilling in ever deeper waters. New guidance also clarifies that agencies who rely on mitigating environmental affects to lessen the scope of environmental analysis which is absolutely inappropriate and ease the environmental review process should make sure that there is integrity to those mitigations so that there is monitoring and reporting of the ethicacy of that mitigation. This is a critical transparency step as well and just recently CQ issued a new program that is some have referred to as the America idol of government efficiency, not a term I coined, but what it does is it asks the public and federal agencies to nominate project that use innovative approaches to increase the efficiency and the quality of NEPA reviews. So that most of those involved in NEPA implementation may have valuable insights on how we can do it better, how we can accomplish better environmental outcomes and less time with fewer resources. We will select up to five ______*4:50:39 (s/l highlighted) projects track them, publicize the lessons learned, identify how we can replicate those accesses across the federal government. So our country has been strengthen by this open accountable, informed and citizens involved decision making structure that NEPA created. It has been described as its most enduring legacy as a framework for collaboration between federal agencies and those who bear

the environmental social and economic impact of their decisions. Now of course NEPA’s other great accomplishment, if I can say with all do modesty, was creating the account on environmental quality and it was created by congress as an explicatively an independent advisory counsel to serve as the president’s advisor on environmental matters and to create, as they said by legislative action a counsel which would be entirely independent of the executive mission oriented agencies and outside of their programs. The early test for CQ were simply to highlight the environmental implications of government actions that never before have been recognized. Today we have a much different, a more nuisance and in some ways a far more incredible opportunity. Infused throughout each agencies recognition of its mission is a recognition of the centrality of environmental energy issues. So the president now has dubbed something as his green cabinet and includes the obvious suspects; the administrator the environmental protection agency, the secretary of the interior. But it also includes people who may be surprising, such as the secretary of labor is working on how to create green jobs. The secretary of energy was working on promoting renewables and the secretary of agriculture was thinking about developing biofuels. The secretary of housing is working on sustainable cities. The secretary of transportation is really looking at how do you develop mass transit and smart developments. The secretary of the navy who is developing sustainable energy supply change as a military imperative. So this enthusiasm and this transformation across the agencies really stems from the president himself and a fundamental insight that he had that to have a sustainable, economic recovery in this country we must accomplish a clean energy transformation. Now I think he framed it best 2 years ago in his first earth day address in office and he said, and I just want to take a second to read it because I think it has a number of fundamental insights. He said now the chose we face is not between saving our environment and saving our economy. The choice we face is between prosperity and decline. We can remain the world’s leading importer of oil or we can become the world’s leading exporter of clean energy. We can allow climate change to wreck unnatural havoc across the landscape or we can create jobs working to prevent its worst affects. We can hand over the jobs of the 21st century to our competitors or we can confront what countries in Europe and Asia have already recognized as both a challenge and an opportunity. The nation that leads the world in creating new energy sources will be the nation that leads the 21st century global economy. America can be that nation. America must be that nation. Now this commitment has become even more critical as we have seen rising oil and gas prices. As we see huge uncertainty across the globe and just this week the president gave a major energy address at Georgetown university amplifying dreams that he raised consistently in the state of the union and he again stressed that investments and in transitions to a clean energy economy are the linchpin for the U.S. to out innovate, out educate and out build the rest of the world and in fact it is fortunate we are having this conference today because yesterday the president went to a UPS facility that has a lot of hybrid electric delivery vehicles and he taped his radio address which aired this morning and with Jesse’s help who better to talk about it than President Obama himself.

President Obama Speech: Not out of the goodness of their hearts but because it is good for their bottom lines. The goal is simple. When I was elected to this office America imported 11 million barrels of oil a day. Through these and other steps by a little more than a decade from now we will have cut back by 1/3 and by doing so we will make our economy less vulnerable to mild swings in oil prices. We are going to use point of source of energy that don’t imperil our climate and we are going to spark new products and businesses all over the country by tapping

America’s greatest renewable resource, our ingenuity. We know how importance this is. This week we learned that the economy added 230,000 private sector jobs last month. That makes 1.3 million private sector jobs created in the last 13 months. That's a good sign but we have to keep up the momentum and transitioning to a clean energy economy will help us do that . It will ensure that the United States of America is the home of the jobs and the industries of tomorrow. That's how in the future, that's how we'll leave our children an America that is more secure and more prosperous than before. Thanks and have a great weekend.

Gary Guzy: So that was today’s radio address for those of you who caught it on talk radio. But how do we do that? To get there we are deploying a range of key strategies that include making strategic investments in transformative technologies, promoting new markets by getting the federal government’s house in order, removing barriers to innovation by developing smart policies that foster collaboration across the entire government and by setting common sense rules ______*4:56:51 where we can do that through legislation with boarder agreement, we will or where we do it through executive action by default we will. Now on the investment front, these actions have lead to a historic $90 billion investment in clean energy through the Recovery Act and this has doubled our capacity as a nation to generate renewable energy. Recovery has seed money for smart grid projects and some 46 states is helping to build a more stable secure national electric grid. It increases access to renewable energy sources and it cuts consumer utility bills. We have seen wind and solar power continue to grow as reliable sources of energy and we are now facilitating projects both on shore and off shore including the largest solar power plant in the world. We are looking for some game changing technologies by turning to new research and development models such as those that worked well for the defense industry to really look at and foster innovative ideas and transformative technologies creating new regional collaborations between businesses and universities to get this done and one area illustrates why I think we should be enormously proud of this effort. At the beginning of the administration the United States posted about 2% of the world advanced battery manufacturing capability and this is the key to having affordable, reliable, workable electric vehicles and with the work of the department of energy the U.S. will lead the world in this sector providing 40% of that manufacturing capacity by just 2015 and that is a huge success story for our county. But we also understand that the federal government itself can drive innovation through its own operations and its purchasing power. We are the single largest energy consumer in the U.S. economy. We operate about a half million buildings. We have more than a half million vehicles and we spend more than $500 billion dollars a year in goods and services. So I was very privileged to join the president in the Oval office when recognizing this potential. He signed an executive order on federal leadership and sustainability about a year and a half ago that sets a variety of targets for agencies including reducing energy efficiency, greenhouse gas pollution, promoting sustainable communities. We have now set a federal wide greenhouse gas reduction goals. We are the first country in the world to do this for direct and indirect emissions with an overall target of a reduction of 28% of greenhouse gas emissions and this will save over $235 million barrels of oil and reduce our greenhouse gas pollution by over ten billion tons of carbon dioxide. But this _____*4:59:43 does more than just save energy, cut cost and reduce pollution. It also allows us to leverage out buying powers to spawn new markets for these innovative technologies and ideas that are being created in the private sector and to further promote this by 2015 yesterday the president announced that all of our fleet purchases will be for either hybrid or advanced technology vehicles. So we are going to continue to push these markets to innovate. Now I have

one example that I really love that kind of results of ______*5:00:16 like this. We challenge federal employes when they log onto their computer to give us good energy saving ideas and receive 165,000 votes across the country. One of the great ideas came from Martinsburg West Virginia where the Department of Veterans Affairs which runs a medical center in this small town is partnering with local farmers who are veterans to supply food out of the cafeteria rather than trucking it in from industrial sources across the country and they are not supplying excess food to veterans transitional housing group in town and that housing group is also not only taking that excess food is composting excess scrap. All of this reduces the waste treatment for the government, improves job and improves the mission of the VA and improves the health of veterans and saves taxpayer dollar while reducing energy use. That is the kind of small success story that we really need to foster. So we have looked actually across the government to find these common sense ways to reduce barriers, particularly around efficiency and renewables and energy efficiency is a great source of our energy. It is cheap. It is readily available. It can create jobs. It can save money. It can curb pollution. If we became 20% more efficient as a nation we would save more than $200 billion dollars annually. So for example we worked with the vice president’s middle class tax force to go across bringing together 12 different agencies to find how we create this business for lower and moderate income homes and we found a series of barriers that are preventing this happening. Those include on the information front. So we have created a home energy score so that someone could know how their house is actually performing. They have included barriers on the financing front. How do you get someone who is lower moderate income person to be able to afford an energy investment that may never payoff that is over several years. So we have created new loan projects to do that and lastly on the job training front. How do we ensure that in fact when you pick the phone to a contractor to retrofit your house for energy that you reliably know that in fact you will get the results delivered and you will create a new workforce guidelines and training protocols on these kinds of retrofits. Likewise the president has imposed a better buildings initiative to make commercial buildings 20% more efficient over the decade, incentives to upgrade offices, stores, schools, universities, municipal buildings, hospitals, actions that will save business owners about $40 billion dollars a year. We've have also undertaken similar steps to coordinate efforts on permitting for innovative renewables and transmission projects. Just as we are taking the steps to explore the promise of carbon capture and storage. To promote thoughtful coordinated approaches to climate change adaption and planning and it is also essential as your next strategy that we compliment smart policies by putting predictable rules of the road in place. On EPA’s 20th anniversary it was said that the EPA was the crucible of everyone’s discontent and now I think we are smart and creative approaches we have gotten far past those absolute disputes. Were we employ our regulatory authorities we need to be smart and rigorous about it and these ______*5:03:50 are in a new executive order that includes a commitment to evaluate recommendations based on a rigorous understanding of their impacts, sometimes referred to as humanized cost benefit analysis. It looks at least burdens and means to achieve regulatory ends, considers the distributional consequences on who bears costs? Who gains the benefits of regulation? It looks at all quantifiable benefits and considers the effects of innovation on cost, particularly in the context of statues that are designed to force technology and it focuses on fostering integration across agencies. We are applying these to save energy, cut pollution and support advanced technology. Perhaps the best illustration of this has been our work at the automobile industry with unions with environmental groups, our colleagues in California and other states. Where we have developed for the first time ever uniformed nationwide greenhouse gas and fuel efficiency

standards for cars and light trucks that will save 1.8 billion barrels of oil and reduce greenhouse gases by 900 million metric tons. This has not been seriously apposed unlike most of their environmental things through litigation and the reason was that states wanted to develop a national approach because they knew they could get more pollution reductions and the industry didn’t want to have to build a desperate fleet depending on where they were selling their cars. So we were able to bring them together in fact to be able to promote uniform rigorous nationwide improvements in our fuel economy who are now looking to apply those same principals to heavy duty trucks and we will have a final approach on that this summer and we are working with the industry and unions in the environmental community and California and the other states to go all the way through 2025 in promoting alternative fuel vehicles and set as clear a pathway forward as possible. The Department of Energy has replicated this approach and looking at efficiency standards for common household things like dishwashers and refrigerators that will save consumers billions of dollars and EPA and its partners are now taking steps that will provide important safeguards under the Clean Air Act that will address carbon pollution for the largest sources and this began in 2007 with a science-based endangerment finding in response to a mandate from the supreme court. It's included in basic reporting rules, a ____(s/l tailoring) rule that limits permits to the manageable universal large greenhouse gas of emission sources and a schedule for getting this all done. It will all be done with an important stakeholder input. In addition EPA just two weeks announced new safeguards to protect public health from mercury and air toxins submitted by power plants. America’s coal-fired power plants on general old. They are inefficient and they are highly polluting. The average fleet age for the coal fleet is 43 years and the largest portion of the plants if you look at them by decade were built from 50 to 60 years ago and if you think about driving down the road in a 50 or 60 year old car I think you would recognize that we can do better and these have no pollution controls on most of these major pollutants. So this is a proposal that is designed to protect public health. To prevent 17,000 premature deaths, 120 childhood asthma cases, annual costs of $10 million dollars of benefits of anywhere between $60 and $140 billion dollars. Now there is some in congress that want to undermine these efforts and we expect a vote next week on the major design to undo EPA’s greenhouse gas authority. But the pollution problems we face, the benefits to public health, the promise of innovation and the certainty that industries and investors deserve argue against those efforts. Updating the environmental standards levels the playing field, it closes pollution loop holes and provides certainty of a business, which we believe are all bipartisan values and prolonged uncertainty only keeps investors on the sidelines so that we don’t develop the innovations that are critical. Now the country has had widespread economic benefits from facing _____*5:08:10 health and environmental challenges. EPA just released a report that shows the benefits of the Clean Air Act from 1990 to 2020 are estimated to reach new 20 trillion dollars, 2 trillion dollars by the year 2020 and the total benefits are generally around 30 times the cost of regulations. Not only is this a cost benefit equation it is also about ____*5:08:35 families. It is about preventing 160,000 premature deaths, 130,000 heart attacks, lost work days in the millions, asthma attacks for children’s and families. So I think these studies put to rest the idea that you can have a healthy environment and a health economy and I just want to remind people if you haven’t read it recently of justice Briar’s important remarks in American Trucking vs. Whitman where he talks about these technology forcing arguments and he says that avoiding a shutdown of the oil industry which had been threatened when in 1970 when the Clean Air Act was adopted was made possible through the development of catalytic convertors and in fact the cost estimated by industry of inventing replacements for fluorocarbons that we are creating a

hole in our ozone layer, or finding acid rain controls have every time been far lowered than has been predicted. So important incentives that are in fact that are not going to occur if you don’t have clear rules of the road this is a graphic patten applications on Clean Air Act controls. Obviously a lot was happening when the law was put in place. Not much was innovating in advance of that. The president has committed to exploring with congress and clean energy standard that encourages markets for a wide range of new energy sources and we hope to incent doubling this year of clean energy electricity in 25 years with a target of 80% from clean sources and this will be critical to our clean energy future. But we recognize that we are going to need a diverse fuel supply until we get there. That means that a return to deep water is drilling, but that it can only happen if it be done safely. But we have taken steps to crack that problem. It means we will work to develop smart bio-fuels and that we less promote responsible development of already existing oil and gas leasing, which isn’t currently happening. The are vastly under utilizing these tracks around the country and the things that you have explored in detail at this conference. Recognizing the huge transformation in our energy secured in the equation that comes from natural gas shale. But also the critical importance of protecting public health and the environment in a way that we develop that resources and whether it be concerns about drinking water contamination to disposal of produced water, the quantity of water that is used or air emission, the persistent has tasked the secretary of energy to secure the best advice on this and his regulatory agencies to make sure that they work with states, with industries and communities to put in place the safeguards including any necessary and federal back stops that will increase transparency and give us confidence in this important fuel supply. So there is a huge amount to be done and a huge opportunity for you as emerging lawyers to participate in finding solutions and whether that is in the government or in the private sector, such as, or it is in the private sector doing creative sustainability work at companies who recognize that going green is good for their bottom-line, is efficient and saves money. It is a good way for them to attract great employees. It is just the right thing to do. Or if it is an advocacy organization to help to instill accountability into the system there are all sorts of opportunities to do interesting work and when I think about public service I am reminded of Bill ____*5:12:18 (s/l Ruckla's) house who served as the EPA’s first administrator and brought back a second time to restore EPA’s credibility. When the environmental rules and the EPA were under attack he gave this remarkable speech called Stop Me With a Pendulum. He noted that in our country we have this tendency of a swinging pendulum. First there is an environmental crisis and then recognition of a need to protect and then we regulate. Perhaps we regulate too much and there is concern of an overreaction of about how much regulation there is and we under regulate and we swing back and forth and you get the picture. What he urges to do is to be above the smoky battlefield as he put it. To work towards good decisions for our significant problems and to provide support for the means and the institutions that can carry them out. So he issued the call to stop the pendulum and given the special roles of law and lawyering in creating our modern system of environmental and public health protections I suggest that we likewise have a special responsibility to contribute to that understanding and to work towards enduring solutions and you all have an important role in ensuring that the best decisions are made. That we are accountable for those decisions and that we have the means to carry them out. Your work is critical to enhance any public understanding and to search for those kinds of enduring policies to harmonize our economic and environmental aspirations. Now I have just a few minutes left to tell you a little bit about the thoughts I have on public interest lawyering and I believe at Cornell that you have special advantages to help you pursue these challenges. Now my first job out of law school was for Judge _____(s/l Albert

Tuttle), who was also a Cornell undergrad and a law school grad and he had served as chief judge of the U.S. court of appeals for the fifth circuit in Atlanta. He was appointed to the court the very same year that the supreme court issued Brown vs. Board of Education, which is the key antidiscrimination case I know that you have all studied and if you haven’t I have to have words with Dean Schwab afterwards and he fearlessly applied those principals across southern society, reshaping that society through the work of public interest lawyering. Now by the time I went to work for him he was very old. He was in his 80s. Remember that he graduated from Cornell Law School I think in 1923 and he had heard over a thousand opinions. He remembered pretty much everyone of them. It was quite remarkable and yet I remember my first week in the chambers when he came up to me a freshly minted Cornell lawyer and he said what do you think? He desperately wanted to know what I thought. And I was so struck by his constant open minds even with that huge amount of wisdom and experience and I took away the idea that that was vital. But Judge _____(s/l Tuttle) also didn’t hesitate to find creative remedies. In one case high school seniors were protesting at a segregated lunch counter. They were arrested. As a consequence they were expelled from school. Judge ____(s/l Tuttle) realized that they wouldn’t be able to graduate. So he called the lawyers on his home on Sunday night before graduation. He had a hearing then and there. He got the other judges on a conference call, which at that time was not a particularly easy thing to do. You had to get your Bell operator and he issued a decision then and there because he was convinced that justice delay is in fact justice denied and it has been said of Judge _____(s/l Tuttle) that he made it possible for others to believe in justice and it was impossible for anyone who knew him to in fact be cynical. Now he once said the professional is one who provides service and a very real sense his professional service cannot be separate from his personal being. That was his quote and I think that attitude that the had is one that is very much informed by a few features of Cornell that we all share still today and nearly a century after he was on this campus and I still find in the huge numbers of Cornelian’s and public service who I come across. It is an intense commitment to learning and that is really nurtured by a dedicated faculty who have chosen to spend their careers in a somewhat isolated area rather than find a platform for doing other things. Because teaching is their priority. It is unavoidably being instilled with a sense of the beauty and the power of our natural landscape as you walk across the gorges you see the ice still clinging to the sides as you look out over the hills and the lakes. It's the democratizing influence that comes from Cornell’s original founding. The idea of a nonreligious learning institution of blending the practical with the theoretical of the _____*5:17:10 woman from the very start of offering the promise of any study to any person. Now one of the issues that I work longest on is the protection of the everglades and in 1988 I was at the justice department as part of a trial team and sued the state of Florida for not regulating the agriculture discharge from sugarcane farms. They are running off polluting the everglades and destroying its unique habitat. The state fought us every step of the way. They went and they hired a renowned private litigation firm as outside counsel. They spent 35 million dollars apposing our every request even though they were cutting their school lunch budgets half the time and we filed a _____*5:17:44 (s/l summary judgement) motion. They filed an opposition identifying a 156 contested issues of law and fact. We went to hearing before a very distinguished white-haired federal district court judge in the southern district of Florida and Florida had just had an election and elected a new very folksy governor, named Lawton Childs and he decided he actually wanted to argue the case of the south. So he went into the court and he said to the astonishment of the private lawyers who were representing the state or so they thought. Your honor, the battlefield is littered. Here is my sword. I concede the Everglades are

polluted and need to be cleaned up and the judge looked at us and the judge looked at the private lawyers whose jaws were on the floor and then he said well I believe that resolves the 155 of the 156 being issued. I just wanted to tell that story because that sense of personal courage of doing what you think is right is something that I encourage you to do. It reminds of us those famous words from Mark Twain when he said if you do what is right it will gratify some and it will astonish the rest. It may not all come in one simple act. Justice Stevens and his important opinion in Massachusetts versus EPA, that 2007 case that recognized that greenhouse gases are pollutants of the Clean Air Act in addressing standing and citizen acces to the courts he said it is erroneous to assume that a small incremental step because it is incremental can never be attacked in a federal judicial forum. Accepting that premise would do most challenges to regulatory actions in that case. Agencies like legislatures do not generally resolve massive problems in one fail regulatory swoop. A reform may take one step at a time addressing itself to the face of the problem we are seen as what is acute to the legislative mind. It is appropriate to whittle away at them over time, refining the preferable approach as circumstances change and as they develop the more you want to understand the _____*5:19:50 to proceed. That first step might be tentative does not by itself support the notion that federal courts lack jurisdiction to determine whether steps can form to law. So indeed today the creative lawyers I have a slide but I will forgo it have developed a huge number of theories and they are currently developing a huge number of theories of how to address global warming pollution for example and there is a case being argued in just two weeks on the question of greenhouse gas nuisance from power plants from the United States Supreme Court. So there are all sorts of interesting opportunities that you have and I encourage you to pursue your interest whether they be large or small. The president sometimes talks about dreaming your dreams out loud and that is a critical point that I hope you will take away from this. I really want to compliment Cornell for having a robust public interest program and a public interest scholarship program. I remembered that I declined an offer from an environmental group because I needed that law _____*5:20:20 to get through law school during one of my summers and I thank the law school for it donors and for encouraging a wide variety of career paths. These do make a difference and as the events in the Middle East have shown our world is an ever less hierarch of third world, an ever less top down world. The time when law school curriculums were devised and cooperations may be represented the most trusted institution of our society has long passed. Many other institutions no longer have the trust of society and it really will take I think a robust diverse set of training for you using a wide variety of strategies being that litigation, legislation, focus on reputation to develop the tools that will be critical for the future. Now you have shown huge initiative in pulling together this conference and I truly encourage you to continue on. There is no greater reward than public service and I wish you all the best in finding a meaningful way to contribute to that. So thank you for the privilege of joining you.

[applause]

Ben Tettlebaum: Thank you to Gary Guzy from coming all the way up from D.C. today and thank you Dean Schwab for being here to introduce our keynote and Dan Lamb thank you so much for coming on behalf on representative Hinchey. I know he would have liked to have been here. Very brief closing remarks. Before I say those I will let you know that we do have a reception and that is in the atrium for you all. Please there is fantastic food in there, some appetizers and hors d’oeuvres. Go socialize, eat and drink and be merry please. I want to thank

again, as John Kassel said in our last panel, I want to thank again all of our sponsors. Without those folks we couldn’t have done this, particularly Cornell Law School for hosting such an event. I want to point out the Atkinson Center is one of our sponsors yesterday. I want to point out now an alum _______*5:22:58 and it was _____ lecture series who allowed us to have actually Gary and a closing keynote with Gary to come up today to be with us at the Energy Conference and Assistant Dean for public service Karen ____(s/l Homstock) helped us to make that possible in addition to so many other people in the administration at the law school. I also wanted to thank all the rest of our speakers today. They were phenomenal. Particularly I want to thank our internal speakers. Here at Cornell University I think it really showed that there is an opportunity for cross disciplinary work and how people in the legal profession whether that it is in academia or those practicing can really find value in working with colleagues in other disciplines. That will be vital in moving forward. I want to thank again all of our volunteers. They did a phenomenal job and they really ran this entire event and I also want to thank you the audience. It's amazing. We've had an incredibly long day, an incredibly long weekend and you are here. So give yourself a hand. [applause] Finally I would say the conference in and of itself as any conference is not a solution. It's just a vehicle and it can be a vehicle for substantive change for what we value. So now I encourage you all with hopefully some knowledge that you've learned at this event to go forth and to continue to learn and to act, thank you.

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