The DePaul College of Law was treated to an engaging
discussion during the lunch hour on October 17th. ELS sponsored a moderated career panel
featuring attorneys working in the fields of environmental law, conservation,
and policy. Students were joined
by Evan McGinley from the Illinois Attorney General’s Office, Stacy Meyers of
Openlands, and Steve Kaiser and Gary Steinbauer with the U.S. EPA. The
attorneys provided thoughtful comments about what courses, experiences, and skills
are valuable in preparing students for careers in environmental law and beyond. Our panelists were kind enough to pose for a photograph with ELS President Brandon Clark following the successful event.
Monday, October 22, 2012
Monday, October 1, 2012
What’s the difference between $0 and $65 million?
Apparently, a bald eagle. Robert Rauschenberg’s
painting, Canyon, is ruffling some major feathers in the Art,
Environmental, and Tax legal world. Why? Because the art at issue, a
sculptural combine, includes a stuffed bald eagle: a bird under
federal protection.
Illena Sonnabend’s heirs inherited
Rauschenberg’s Canyon along with the rest of her estate in
2002. In most cases, inheriting a Rauschenberg would equivocate to
winning the lottery. However, the problem is that Canyon can
never be sold since it contains a stuffed bald eagle, a violation of
the country’s 1940 Bald and Golden Eagle Protection Act as well as
the 1918 Migratory Bird Treaty Act. The law provides criminal
penalties for persons who possess,
sell, purchase, barter, transport, import or export any bald eagle—alive or dead—according to the U.S. Fish and Wildlife
Service website.
Canyon first caught the
attention of the Fish and Wildlife Service agents in 1981, when it
reentered the U.S. through customs after a European tour. As a
result, Sonnabend applied for and received a special permit to retain
possession of the bird carcass mounted on canvas. Later, in 1998, the
Sonnabend Gallery encountered new resistance. The Department of
Interior officials notified the gallery that it would have to relinquish
the carcass to U.S. Fish and Wildlife Service or donate the piece to
a nonprofit museum, unless it could prove that the carcass was taken from
the wild prior to 1940, when the Bald Eagle Protection Act was
enacted.
To settle the matter, Rauschenberg
himself swore before a notary-public that the eagle was old enough to
be legal, explaining the eagle had belonged to a member of Teddy
Roosevelt’s Rough Riders, who had taxidermed the bird prior to
1940. After his death in 1959, the family had tossed the unwanted
carcass in the garbage. The artist then came within possession when a
friend retrieved it from the trash and offered it to Rauschenberg.
Since federal statutes prohibit any
traffic of bald eagles or their remains, the art cannot legally be
sold. For this reason, three qualified appraisers, including
Christie’s, have valued the unsalable work at “zero” for
estate-tax purposes. However, the IRS Art Advisory Panel disagrees and is demanding Sonnabend’s heirs must pay another $29.2
million in taxes, as well as a related penalty of $11.7 million,
maintaining that the heirs inaccurately stated the piece’s value.
The original IRS estimation contained a suggested valuation of
$15 million. But after refusing to pay, the Sonnabend estate received a
formal Notice of Deficiency that increased Canyon’s value to
$65 million. Ironically, due to the Federal law, this value is
entirely hypothetical: normally, market price will determine the
value of art, but Sonnabend’s heirs cannot sell Canyon
without facing criminal penalties. Yet, the IRS justifies this
number, arguing that the painting has potential value on the black
market. To put the piece into market perspective, the top price ever
paid for a Rauschenberg at auction is $14.6 million, which sold at
Sotheby’s in 2008. The heirs are currently contesting the Notice.
The work currently hangs in the
20th-century galleries at the Metropolitan Museum of Art, where it
remains on long-term loan. Sonnabend’s original collection, left to
her heirs, was valued around $1 billion; they have already sold off
about $600 million of art to cover the cost of taxes.
This isn’t the only circumstance
in which these statutes have allowed for little to no reasonable
excuse. A decade ago, Lawrence M. Small, secretary of Smithsonian
Institute, allowed magazines to photograph his collection of
Amazonian tribal art, much of which was made of feathers of protected
rain-forest birds. The U.S. Fish and Wildlife Service soon began an
investigation, which lead to Small pleading guilty to federal
misdemeanor violations under the Migratory Bird Treaty Act.
The IRS policy has been unwavering
over the years, so it’s certainly possible, however unfair it may
seem, that the Sonnabend heirs will have to pay this tax and penalty.
Yet, it is circumstances like these in which public policy may
demand that the law consider its potential effect on individual lives
in order to adjust to a more fair and workable standard.
Saturday, September 22, 2012
ELS & Animal Law Groups Help Clean Montrose Beach
Early on the morning of Saturday, September 15th, twelve DePaul Law students -- and one canine helper -- representing ELS and the Student Animal Legal Defense Fund, convened on Chicago's Montrose Beach to participate in the Alliance for the Great Lakes' annual September adopt-a-beach event. More than 24 man-hours of volunteer service were logged in the effort and altogether 56 lbs. of garbage was cleared from the beach and adjoining nature preserve!
Tuesday, September 11, 2012
My 1L Summer: ELS, Openlands and Local Food
Hi, I’m Melissa, the ELS treasurer
for 2012-2013. I came into DePaul knowing that I wanted to focus on
environmental law. Naturally, I joined ELS right away. Throughout the
year, I was interested in the variety of topics covered at the
meetings and the various service days, but also the avenues in which
ELS could help me find a summer internship. Through ELS, I learned
about a Chicago Bar Association event that focused on environmental
law. This event was where I received a list of environmental
organizations throughout Chicago. This was the first time where I saw
the name Openlands and I decided to apply for a summer internship.
Openlands is a regional conservation organization that focuses on
protecting open space and its various benefits throughout the region.
I interned at Openlands throughout the
summer after my 1L year and worked on a variety of topics. I was
assigned to an issue involving the Clean Water Act and required
permits for a mining operation next to a state park. This issue was
an interesting mix of applicable law and the public’s perception
and participation in environmental issues. I was also assigned to
research the effects of a proposed highway in which various
alternative routes would pass through important natural areas,
including wetlands and grassland bird habitats.
However, one of the most interesting
topics I worked on was regarding local food. I helped contribute to
local food assessments of various counties in Illinois. I never
realized the numerous benefits of buying local food and supporting
local food production before this assignment.
Growing local food, and just farmland
in general, has numerous beneficial environmental, health, and
societal impacts. One important function of farmland is to allow
rainwater to filter through the soil and naturally filter out the
pollutants. This helps support healthy drinking water because
otherwise rainwater can run off into sewer systems and this can
eventually taint the drinking water supply if the system overflows.
Supporting local
food in your community also helps support the increase in healthier
and fresher food. Because the food that is grown locally does not
travel hundreds of miles to get to the table, consumers can be
assured that local food is fresher and will most likely taste better.
In addition, supporting local food production in low-income
communities will bring healthy fruits and vegetables into an area
that might not have access to such food. These areas that do not have
access to a variety of nutritional foods are called “food deserts”
and would benefit greatly from a community garden or farmer’s
market in the area that supplies local, healthy food.
Along with beneficial environmental and
health benefits, supporting local food can also bring about positive
societal impacts. Encouraging local food production in an area –
through community gardens, farmer’s markets, community-supported
agriculture (CSA) programs, or the like – can help strengthen a
community. Encouraging local food gives the community a positive
platform to rally for, thus encouraging citizens to get involved in
their community and working towards the well being of its residents.
For more information about supporting
local food production and protecting farmland, check out Openlands
website at www.openlands.org.
Tuesday, July 31, 2012
Fracking Illinois
Hello everyone! My name is Sam and I
am the Secretary of DePaul’s Environmental Law Society. I will be
one of the contributors for this blog. Don’t fear my Footnotes.1
I have a strong interest in how human
interaction with the environment impacts the health of communities.
Thus, I want to post about a pressing environmental health topic that
gets a lot of attention nationally,2
but needs immediate attention locally.
The issue: regulation of Hydraulic
Fracturing (“fracking”) in Illinois. The problem: it doesn’t
exist! There are no laws in the Land of Lincoln about fracking.
There are proposals and there is legislative activity, but so far, we
got nothin’.
“Fracking” in its most basic, is
the process of injecting a mixture of water, sand and chemicals deep
into the ground to release natural gas from geologic formations.
This natural gas can then be captured and used to create energy.
Fracking operations are rapidly sweeping across the nation due to low
pricing and increased restrictions on conventional coal power
plants.3
Industrial giants currently have landmen4
surveying the country to find lucrative spots to drill, including
Illinois. About half of Illinois is located above the New Albany
Shale formation and oil companies are eager to test the state’s
geologic potential.
The health scares associated with
fracking are dramatic. In 2008, the EPA performed a study to
determine the health effects of fracking in Wyoming. The Agency
discovered levels of benzene (a known carcinogen) at 246 micrograms
per liter. That mark is well above the maximum permitted level of 5
micrograms per liter and a major cause for concern. Additionally,
in Pennsylvania, methane gas, ammonia, arsenic, chloromethane, iron,
manganese, t-butyl alcohol, and toluene were all discovered in well
water surrounding a fracking operation.
If you look only at the potential
health effects, strict regulation seems like a no-brainer. However,
there are two sides to every story, and like most environmental
issues, Big Industry has a tale to tell about job creation. Even
President Obama recognizes the “60,000 job” potential of natural
gas.5
This back-and-forth between community health and economic vitality
in down-state Illinois recently resulted in interesting activity in
Springfield.
Rep. Naomi D. Jakobsson, D-Urbana, amended a bill which previously had
support from both environmental groups and industry. The amendments
proposed a two year moratorium on fracking in Illinois. As a result,
industry-friendly lawmakers blocked the bill from voting and Illinois
remains lawless. Beyond the moratorium, the proposed amendments were
a bit extreme. If the bill had passed, only Alaska would have
regulated fracking more tightly. Perhaps worried lawmakers were
justified. Would this bill not only prevent future jobs for
constituents, but force current companies to pack up and ship out of
Illinois?
It is clear that fracking is here to
stay. The U.S. EPA is involved6,
but the issues of community health and safety are traditionally left
to the States to regulate. Therefore, Illinois needs to step up and
speak about the elephant-in-the-room: its lack of laws. Any proposed
regulation should not be taken hastily, as the dangers (both health
and economic) could be devastating. Take your time Illinois, but
please do something!7
-----------------------------
1
Taking a queue from Bill Simmons of ESPN’s Grantland, I will
sporadically add footnotes to my posts. They may not be as witty as
his, but hopefully they are better than Bluebook cites.
2
Documentary film lover? Watch this:
http://www.imdb.com/title/tt1558250/
3
Are we left with a Hobbesian Choice of coal/Climate Change or
natural gas/fracking contamination? But see wind and
solar power.
4
Fun fact: Our oil connected former President George W. Bush got his
start as a landman in Texas.
5
When did he say that?! 2012 State of the Union,
http://www.whitehouse.gov/the-press-office/2012/01/24/remarks-president-state-union-address
6
EPA draft guidance for permitting of hydro-fracturing operations is
open for public comment until Aug. 23. Act now!
7
Spin-off Legal Issue: Fracking chemicals as trade-secrets and the
resulting “doctor gag rule.”
http://www.npr.org/2012/05/17/152268501/pennsylvania-doctors-worry-over-fracking-gag-rule
Tuesday, July 24, 2012
Hello World!
Now is an exciting time for the DePaul
Environmental Law Society! Over the last few years, ELS has been
progressively expanding its base within the college of law and the
2012-13 academic year promises to be the organization's tipping
point. The officers for the upcoming academic year have several
exciting new plans for the organization, including: launching this
blog, which will become a vehicle for developing a student written
and published newsletter; increased opportunities for community
involvement, such as the fall beach clean-up and another, as yet
undetermined, fall volunteer day; and, the return of our annual fall
environmental law career panel. Other new initiatives are in the
works, but are most appropriate to announce closer to the spring
semester.
Perhaps the most exciting new development is this blog. New law students are continuously encouraged to hone their writing skills, and for good reason. An attorney's trade-in-stock is words; those who are able to bend the language to their will are more effective advocates for their clients. And, as with any other skill, “practice makes perfect.” Therefore, the ELS leadership is very excited to unveil this blog and announce its grand purpose. Of course, part of the reason for its existence is to aggregate information relevent to ELS members and those interested in environmental law in general, but more than that — and more to the point — it is intended to provide an arena in which new ELS members may develop their skills as writers.
Beginning in the fall, it is the plan of the ELS leadership to turn the blog over to new members — one small group after another. For a month or so at a time, these small groups — under the supervision of senior ELS members — will write regular posts on developments in environmental law, highlight general interest stories related to environmental issues, advertise upcoming ELS events, report on past ELS events, and generally write, write, write and then write some more! In this way, ELS will benefit from an increased online presence, but more than that, new ELS members will have the opportunity to develop a body of writing that highlights their skills as wordsmiths, while simultaneously sharpening those very same skills.
The ELS leadership is very excited about this new endeavor and we hope you are too. And yet, since this is our shiniest new toy, we aren't yet ready to hand it over to our newest members — call us greedy, but to be perfectly frank, we don't have “newest members” yet anyway. So, for the remainder of the summer and until we get settled into the new school year, we plan to run this blog through the paces ourselves. So please indulge us this wish, and check back often to see what we each have to say. And continue to come back throughout the fall and the entire academic year to see what ELS — and our new members — are up to!
Perhaps the most exciting new development is this blog. New law students are continuously encouraged to hone their writing skills, and for good reason. An attorney's trade-in-stock is words; those who are able to bend the language to their will are more effective advocates for their clients. And, as with any other skill, “practice makes perfect.” Therefore, the ELS leadership is very excited to unveil this blog and announce its grand purpose. Of course, part of the reason for its existence is to aggregate information relevent to ELS members and those interested in environmental law in general, but more than that — and more to the point — it is intended to provide an arena in which new ELS members may develop their skills as writers.
Beginning in the fall, it is the plan of the ELS leadership to turn the blog over to new members — one small group after another. For a month or so at a time, these small groups — under the supervision of senior ELS members — will write regular posts on developments in environmental law, highlight general interest stories related to environmental issues, advertise upcoming ELS events, report on past ELS events, and generally write, write, write and then write some more! In this way, ELS will benefit from an increased online presence, but more than that, new ELS members will have the opportunity to develop a body of writing that highlights their skills as wordsmiths, while simultaneously sharpening those very same skills.
The ELS leadership is very excited about this new endeavor and we hope you are too. And yet, since this is our shiniest new toy, we aren't yet ready to hand it over to our newest members — call us greedy, but to be perfectly frank, we don't have “newest members” yet anyway. So, for the remainder of the summer and until we get settled into the new school year, we plan to run this blog through the paces ourselves. So please indulge us this wish, and check back often to see what we each have to say. And continue to come back throughout the fall and the entire academic year to see what ELS — and our new members — are up to!
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