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August 2017
Chautauqua Institution
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CWRU Law School
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CWRU Law School
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CWRU Law School
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The Law and Policy of Hydraulic Fracturing: Addressing the Issues of the Natural Gas Boom
Law Review Symposium
NOV 16, 2012
9:00 AM - 4:45 PM
Moot Courtroom (A59)
CLE Credit
6 hours of in-person CLE credit available, pending approval
$100.00 for Case Law Alumni
$200.00 for all other attorneys

Over the last decade, the extraction of natural gas from underground deposits has increased significantly through the use of a process known as hydraulic fracturing, or “fracking.” In addition to stirring up fierce debate over potentially adverse environmental consequences, fracking has created several legal questions that have been left unanswered and largely unaddressed. How should authority to regulate this practice be allocated between federal, state, and local governments? What potential causes of action, if any, may a private citizen pursue? What are the tax implications of the expanding practice? How should claims concerning the ownership rights to underground deposits be decided? Case Western Reserve Law Review’s annual symposium will address the most pressing and challenging legal issues associated with the expanding practice of hydraulic fracturing.
Speaker Information
Thomas Merrill
Charles Evans Hughes Professor of Law
Columbia University

Thomas W. Merrill is the Charles Evans Hughes Professor of Law at Columbia University. He teaches Property, Environmental Law, Administrative Law, Eminent Domain, and the U.S. Supreme Court. Before his present appointment, he was the John Paul Stevens Professor of Law at Northwestern University and also has taught at Harvard, Yale, the University of Chicago, and the University of Virginia. Professor Merrill received a B.A., with honors in history, from Grinnell College; a B.A., with first-class honors in philosophy, politics, and economics, from Oxford University, where he was a Rhodes Scholar; and his J.D., cum laude, from the University of Chicago. He was law clerk to Justice Harry A. Blackmun, U.S. Supreme Court, and to Judge David L. Bazelon, U.S. Court of Appeals for the District of Columbia Circuit. He also practiced with Sidley, Austin, Brown & Wood. From 1987 to 1990, while on leave from Northwestern, Professor Merrill served as deputy solicitor general in the Department of Justice, where he represented the United States before the Supreme Court. A prolific and influential scholar, his publications have appeared in such journals as the Harvard Law Review, the Yale Law Journal, the Columbia Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Northwestern University Law Review, the Georgetown Law Journal, the Cornell Law Review, and the UCLA Law Review.

Additional Information
At one-hour CLE activities, Ohio Supreme Court regulations require attorneys to be present for the entire hour to obtain credit. Therefore, registration for one-hour lectures will close at the time the event is scheduled to start. Everyone is welcome to attend the lecture, but we cannot submit CLE credit for late arrivals.

At events longer than one hour, we will submit credit based on an attorney’s arrival time and duration of attendance, but no less than the minimum of one full hour of attendance.

We encourage attendees to arrive at registration 20 minutes prior to the start of a lecture to sign in, obtain materials, and be seated.

There is no law school parking, however, public parking, for a fee, is available in the Cleveland Botanical Garden parking underground garage. Also, meter parking might be available.

Recording in any form is prohibited.

Supplemental Readings:

8:30 – 9:00 a.m. — Registration
Ground Floor Rotunda
9:00 – 9:15 a.m. — Introduction
Dean Lawrence E. Mitchell, Joseph C. Hostetler - Baker & Hostetler Professor of Law, Case Western Reserve University
9:15 – 10:15 a.m. — Keynote Address
Fear of Fracking

Introduction: Jonathan L. Entin, Associate Dean for Academic Affairs, David L. Brennan Professor of Law, and Professor of Political Science, Case Western Reserve University
Speaker: Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia University
10:15 – 10:30 a.m. — Break
10:30 – 11:45 a.m. — Panel I
Evaluating the Economic, Property, and Administrative Issues that May Accompany the Push for Clean Energy

Moderator: Jessie Hill, Associate Dean for Faculty Development and Research and Professor of Law, Case Western Reserve University
Joseph Tomain, Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law, University of Cincinnati
Peter Gerhart, Professor of Law, Case Western Reserve University
Kalyani Robbins, Associate Professor of Law, University of Akron
11:45 a.m. – 1:00 p.m. — Lunch
1:00 – 2:15 p.m. — Panel II
Hydraulic Fracturing and Associated Environmental Concerns

Moderator: Noah Hall, Associate Professor of Law, Wayne State University
Nick Schroeck, Executive Director of the Great Lakes Environmental Law Center, Wayne State University
Timothy Fitzgerald, Assistant Professor of Economics, Montana State University
Heidi Gorovitz Robertson, Associate Dean for Academic Enrichment and Professor of Law, Cleveland State University
2:15 – 2:30 p.m. — Break
2:30 – 4:15 p.m. — Panel III
The Regulation of Hydraulic Fracturing

Moderator: Jonathan H. Adler, Johan Verheij Professor of Law and Director, Center for Business Law and Regulation, Case Western Reserve University
Joel Zipp, Senior Counsel, Holland & Knight LLP
Elizabeth Burleson, Associate Professor of Law, Pace University
John Nolon, Professor of Law, Pace University
Chris Kulander, Assistant Professor of Law, Texas Tech University
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