JASON J. CZARNEZKI

At my panel on eco-labeling yesterday, I engaged in a fascinating discussion with fellow panelist from Consumers Union (the nonprofit publisher of Consumer Reports) about whether the FDA has the authority under the Food, Drug and Cosmetic Act to require mandatory labeling on of genetically modified foods.  My initial answer is no.  It is my understanding that no federal law requires mandatory labeling of GM foods, and that the FDA will only require labeling if a health safety issue arises which the FDA has not determined to be the case for current GM foods (in which case the GM food will likely not be approved for use in the first place).  Here’s a nice article in the Post which lays it out in lay terms.

More litigation over genetically modified food is sure to arise within the next few years. Currently, the FDA is reviewing whether to approve genetically modified salmon as safe for human consumption, and salmon may change this whole debate from a political and public awareness standpoint (which GM alfalfa and sugar beets have failed to do).[1]  The farm-grown salmon contain an extra growth hormone gene that allows them to grow to a marketable size twice as fast as a conventional fish.[2] FDA analysis will primarily focus on whether genetically modified salmon are safe compared to conventional salmon, yet the ecological consequences of allowing genetically modified salmon on the market remain unclear.[3] It is clear that if these salmon do become the first genetically modified animal to enter the American food supply, they will likely pave the way for other genetically modified animals to enter the market.

What is interesting, is that while FDA, in my view, will not require labeling of GM foods in general,  salmon may create an opening for labeling if the FDA can be convinced that it is a GM food not “substantially equivalent” to a food product already in the human food supply (non-GMO salmon).[4]  What’s also unusual is that the FDA may attempt to stop ‘GM-free’ labels due to the difficulty of proving some contains absolutely no GM traits; though I imagine companies could say something like ‘not made through bioengineering.’  What is clear is that these are some initial views of mine, and I really need to sit down and do some serious statutory interpretation; especially on the narrow issue of whether the FDA could require labeling of some GM foods in some circumstances, and whether GM fish and meats could fit any such circumstances.

Sitting here listening to the Deputy Secretary of USDA, I’m struck by how lucky I am to have the Vermont lifestyle when it comes to food. We have a garden, my kids understand cooking and healthy food (and think school lunch needs improvement), we can get (at least in the summer) all our produce and dairy locally, and we know our farmer.

The next talk is by Ted Turner, who is sitting behind me.

See here.

Email dispatch from Monterey Bay Aquarium:
Just finished my panel on food Eco-labels where I questioned the notion of "sustainable seafood" and discussed the relationship between industrial organic food and environmental labeling for food.
Watched a lectured by Anna Lapped and the author of Four Fish, Paul Greenberg, and have chatted with media folks from NPR, major newspapers and top chefs.
The day’s highlight was that someone came up to me and said: "It’s nice to meet an academic who actually knows what he’s talking about."

See here.

I write this post in route to the Cooking for Solutions Event at Monterey Bay Aquarium, where I’m on a panel titled “Eco-labels: The road to sustainability?” The panel will be moderated by Beth Daley of the Boston Globe, and my fellow panelists include Wendy Gordon, Editorial Director, NRDC Smarter Living; Dr. Jon Johnson, Co-director, The Sustainability Consortium; and Dr. Urvashi Rangan, Director, Technical Policy, Consumers Union. I’m excited to talk about food eco-labeling in light of the publication of my recent article on the subject, and since I was just in Sweden researching organic and eco-labeling efforts.

The event in Monterey also has an exciting assortment of participants and topics, to list a few below, as well as a number of celebrity chefs attending:

· Anna Lappé: Sustainable food advocate and author of “Diet for a Hot Planet: The Climate Crisis at the End of Your Fork and What You Can Do About It.”

· Paul Greenberg, Author of “Four Fish: The Future of the Last Wild Food.”

· A conversation with Ted Turner, Chairman and CEO, Turner Enterprises, Inc

· A conversation with Maria Rodale and Myra Goodman, Chairman and CEO, Rodale Inc. and author of “Organic Manifesto,” and Co-founder, Earthbound Farm and author of “The Earthbound Cook”

It should be an interesting and engaging event designed to increase awareness of sustainable food issues. Most of the attendees are members of the media.

I must acknowledge that a drawback to such great events, and my new appointment as Faculty Director of the U.S.-China Partnership for Environmental Law, is an increased carbon footprint due to increased airline travel (in addition to missing my family). But despite the many comments from others that I should not even bother trying to limit by carbon footprint now, I’m still trying to be judicious when deciding to fly (or drive), especially when telecommuting will work. I do think that little efforts matter in the aggregate (as I’ve argued in my book) since they play a role in shaping social and cultural norms, and improving the environment, especially in the face of climate change— environmental change is a long-term product that will require the shifting of societal and economic norms over time. So, while my carbon footprint wants to move from X to 2X, I will strive to make it 1.5X. The only benefit of flying is getting tons of work done; today I read my student’s paper on water permitting in China, writing a paper about the challenges of biodiversity legislation in China (which I’m co-authoring with a Chinese colleague, a fantastic experience so far which really helps cultural understanding and establishing environmental law in the developing world), and have been able to stay connected with my new Droid Incredible 2 phone (which I highly recommend as its syncing with Google is amazing).

Via Politico: “Tommy Thompson, the Republican former Wisconsin governor and George W. Bush’s first HHS secretary, has told friends he plans to run for the open Senate seat in Wisconsin. Sen. Herb Kohl (D-Wis.) said Friday that he won’t seek a fifth term in 2012. Thompson’s announcement gives Republicans a popular former two-term governor of state to seriously challenge for this toss-up seat.”

Paul Ryan isn’t going to run for US Senate in WI.

I’m not surprised Trump isn’t running for President, and I’m also not surprised Huckabee isn’t running because he’s making more money than ever before working a Fox.

I still believe Huntsman’s simply positioning himself for 2016, and I’m still waiting for Palin or Bachmann to join the fray.

This is going to be fun political theater.

See here.

Herb Kohl won’t seek re-election in 2012, so I anticipate that Russ Feingold will seek a return to the US Senate.

UPDATE: Writes Politico: “The Russ Feingold-Paul Ryan campaign could be epic, pitting against one another two heroes of their parties’ bases who also have serious vulnerabilities with voters in the middle.”

Faculty Director of the Environmental and

Natural Resources Law Clinic at Vermont Law School

 POSITION DESCRIPTION

Vermont Law School seeks a Faculty Director for its Environment and Natural Resources Law Clinic (ENRLC) to commence in the summer or fall of 2012, or possibly earlier.

Vermont Law School

Vermont Law School’s top-ranked environmental program includes a curriculum of over 60 environmental law courses, as well as two advanced degrees in environmental law – the Masters in Environmental Law and Policy (MELP) and the Environmental LLM degree.  Between a third and a half of our JD students are enrolled as joint degree students in the MELP program.

Environmental and Natural Resources Law Clinic

The ENRLC forms a key component of the environmental education we offer our students.  The program functions as a public interest environmental law firm and gives students the opportunity to hone their skills in real-world cases and projects.  The ENRLC is organized into four main program areas – Water and Justice, Coal and Climate, Healthy Communities, and Biodiversity – and we retain the flexibility to take on cases and projects outside these areas as well.  The ENRLC’s work includes a mix of litigation, administrative agency proceedings, client counseling, and other forms of environmental advocacy.  Our clients are community groups and conservation organizations, and we partner with a wide variety of organizations at the local, regional, and national level.  The ENRLC offers students three enrollment options during the fall and spring:  part-time (6 credits), three-quarter time (9 credits), and full-time (13 credits).  Students may also participate in a summer session for up to 9 credits toward the JD or MELP degree. The ENRLC staff consists of a director, an assistant director, two staff attorneys, two clinic fellows (LLM students working part-time in the ENRLC while pursuing their LLM degrees), a litigation paralegal, and an administrative assistant.  The ENRLC selects up to 10 students for each of the fall, spring, and summer terms, and it may gradually expand the number of student clinicians as office space and supervisory capacity allow.  The ENLRC Director reports to the Associate Dean for Clinical and Experiential Programs and works in coordination with the Associate Dean for Environmental Law Programs. More information about the program is available on the ENRLC website:  http://www.vermontlaw.edu/x1389.xml.

Duties and Responsibilities

The ENRLC Director is charged with administering the ENRLC and supervising its faculty, staff, and student clinicians, including the following general duties and responsibilities:

• Evaluating and selecting new cases and projects in consultation with other ENRLC faculty and staff.
• Consultation with an environmental faculty case selection advisory committee.
• Serving as lead attorney in several cases and projects and providing close supervision and feedback to student clinicians involved in those matters.
• Supervising staff attorneys and student clinicians involved in other cases and projects.
• Overseeing weekly Strategy Sessions (case rounds) and Seminars (workshops on various environmental advocacy topics).
• Developing the program budget for administrative approval.
• Monitoring income and expenditures.
• Raising funds for the program through grants and donations, with the assistance of the administration.
• Developing and maintaining relationships with other environmental clinics and clinical organizations.

It is highly desirable for the ENRLC Director to participate in the broader academic life of Vermont Law School. For example, past directors and staff attorneys taught courses in the regular academic program or summer program (such as Environmental Law, Watershed Management, and Air Pollution Law & Policy); participated as guest lecturers in other courses; published scholarly articles and book chapters; attended faculty meetings; participated in faculty committees; served on panels at VLS conferences; represented VLS at AALS and ABA meetings and other gatherings; and interacted with new and traditional media on behalf of the school.

Qualifications

Candidates should have at least seven years of environmental litigation experience, substantial experience supervising staff attorneys and other personnel, and experience with office management and fundraising. A demonstrated commitment to teaching and mentoring is essential. Experience in clinical legal education is desirable.  Doctrinal teaching experience within the legal academy is helpful, but not necessary.

How to Apply

To apply, please send a cover letter, curriculum vitae, writing sample, and references to Diane Hayes, Director of Human Resources, Vermont Law School, PO Box 96, South Royalton, VT 05068.  Electronic applications are strongly preferred and can be sent to jobs@vermontlaw.edu.  Applications will be considered as they are submitted.  The position will remain open until filled.