Georgetown University Law Center



Hope M. Babcock

Georgetown University Law Center

600 New Jersey Avenue, NW

Washington, D.C. 20001

(202) 662-9481

babcock@law.georgetown.edu

EDUCATION: Yale Law School; LL.B. 1966; Smith College; B.A. 1963 magna cum laude; departmental and student government prizes

BAR ADMISSION: New York and District of Columbia; U.S. Supreme Court

TEACHING EXPERIENCE

Georgetown University Law Center, Professor of Law/Director, Institute for Public Representation (2000-present), Associate Professor/Associate Director Institute for Public Representation (1995-99); Visiting Associate Professor of Law/Visiting Associate Director Institute for Public Representation (1991-1995)

Clinic Experience. Institute for Public Representation:

Developed and am currently directing a clinical program providing legal services on environmental issues to minority and low income communities (including a Virginia Indian tribe), local/regional environmental groups, and citizen associations in the Washington, DC metropolitan area. The program involves student representation of client interests before federal, state, and local agencies, federal and state courts, and local legislative bodies. Clinic duties include managing 6-8 projects each semester, supervising the work of 6 students and 2 graduate teaching fellows, teaching academic seminars, and sharing in clinic administration.

Clinic students successfully prosecuted the first environmental citizen suit claim in a bankruptcy proceeding, and the first case under the District’s Environmental Policy Act. Projects have focused on trash transfer facilities, abandoned hazardous waste sites, air and water pollution, water resources, urban sprawl, and lead poisoning.

Students have filed comments in federal and state administrative proceedings, drafted local legislation, testified before legislative committees and federal, state and local agencies, argued in state court and before local zoning boards, written briefs, motions and related pleadings in both federal and state court proceedings, prepared witnesses for depositions, interviewed prospective witnesses, worked with non-legal experts, advised clients, and engaged in complex legal and factual research. All projects involve close supervision of student work, and, through faculty/fellow role modeling and critical evaluation, provide opportunities to teach students to be self-critical and reflective about their work.

The clinic has a national reputation, has served as a model for other clinics, and, in 1996, was recognized for its contribution to the quality of the environment of the District of Columbia by U.S. Department of the Interior Secretary Babbitt and U.S. Environmental Protection Agency Administrator Browner.

Classroom Experience. Subjects Taught:

Environmental Law. Three-credit introduction to environmental law (10 years)

Natural Resources Law. Three-credit introduction to natural resources/public land law (8 years)

Advanced Environmental Law. Three-credit course designed to teach students how to navigate the complex system of statutes, regulations, and informal agency practices in the context of addressing concrete environmental problems. Specific topics vary from year to year. Materials include problem sets prepared by the professor involving timely, complicated, practice-oriented scenarios. (1 year)

Environmental Conflicts Resolution. Developed this three-credit writing seminar, in which students are introduced to the complexity of environmental conflicts and, through cases studies of actual environmental disputes and participation in an in-class negotiation, learn to think broadly and strategically about their resolution. Several papers from the seminar have been published in scholarly journals. (3 years)

Environmental Equity. Develop this three-credit writing seminar developed, in which students are exposed to and asked to think critically about the phenomenon of environmental injustice, its causes, and the barriers to its potential elimination. Several papers from this seminar have been published in scholarly journals. (2 years)

Environmental Research Workshop. Three-credit writing seminar, which models scholarship for students through the presentation of papers by leading academic scholars in environmental and natural resource law and their critique by high level individuals from the public or private, non-profit sector, after which students produce and present their own scholarship on a topic of their choosing. (3 years)

In addition, I have received numerous summer writing grants; directed independent studies papers; reviewed tenure/promotion applications for faculty members from other institutions; served on the Faculty Appointments, Finance, Academic Standards, Clinic, Teaching, Legal Research & Writing, and Environmental Awareness committees; helped develop the environmental curriculum guide and the environmental brochure; reviewed papers for the Roscoe Pound Competition; assisted students participating in the Pace Environmental and Frederick Douglas moot court competitions, and served as a judge in the Pace competition.

Pennsylvania Law School, Adjunct Professor of Law (Practitioner) (Fall, 1990). Taught Environmental Conflicts Resolution, a three-credit writing seminar. Directed independent studies paper. Supervised student extern.

Yale Law School, Adjunct Professor of Law (Fall, 1989). Taught Environmental Conflicts Resolution, a three-credit writing seminar.

Pace University School of Law, Visiting Professor of Law (Fall, 1988). Taught Environmental Law, a three-credit introduction to the field of environmental law. Co-directed environmental law clinic, which involved supervising 6 students on 5 projects arising under federal environmental laws. Co-taught the clinic academic seminar.

Columbus School of Law, Catholic University of America, Adjunct Professor of Law (1985 -1987). Taught Environmental Law, a two-credit introduction to the field of environmental law. Directed 2 independent studies papers.

Antioch Law School, Adjunct Professor of Law (1984-1985). Taught Environmental Law, a two-credit introduction to the field of environmental law. Directed independent studies paper.

NON-ACADEMIC PROFESSIONAL EXPERIENCE

General Counsel and Director Public Lands & Waters Program, National Audubon Society (1987-1991). Managed Audubon's litigation docket, supervised work of outside and in-house counsel, and represented Audubon in judicial, administrative, and legislative proceedings involving pollution control, public lands, and natural resources/public lands protection issues. Served on various advisory committees to government agencies; presented papers at numerous conferences on pollution control and natural resources issues; testified before House and Senate Committees; filed comments on proposed federal regulations. Advised Audubon staff on non-profit tax, contract, and employment matters.

Deputy General Counsel and Director Public Lands & Waters Program, National Audubon Society. (1981-1986). Similar to above, except legal work under direction of General Counsel

Partner, Blum & Nash (1979-1980). Energy and environmental practice before federal administrative agencies; corporate and tax work for non-profit organizations

U. S. Department of the Interior, Deputy Assistant Secretary - Energy and Minerals (1977-1979). Developed policy initiatives and legislative strategies for the Department's energy and minerals programs; supervised development and implementation of new regulatory programs under the Surface Mining Control and Reclamation Act and the Outer Continental Shelf Lands Act. Principal advisor to the Assistant Secretary - Energy and Minerals.

Lowenstein, Neuman, Reis & Axelrad, Associate (1977). Nuclear licensing, environmental practice before federal administrative agencies and courts

LeBoeuf, Lamb, Leiby & MacRae, Associate (1970-1977). Nuclear licensing, environmental practice before federal administrative agencies and courts

Shaw, Pittman, Potts, Trowbridge & Madden, Associate (1968-1969). Aviation hull insurance litigation practice

Office of Economic Opportunity, Northeast Regional Office, Deputy Regional Counsel

(1967-1968). Reviewed grant proposals; advised program staff on legal issues.

PUBLICATIONS

Academic Publications

Babcock, H.M., Responsible Environmental Behavior, Energy Conservation, and Compact Fluorescent Bulbs: You Can Lead a Horse to Water, But Can you Make It Drink? __ Hofstra L. Rev. __ (forthcoming 2009).

Babcock, H.M., The Problem with Particularized Injury: The Disjuncture between Broad-Based Environmental Harm and Standing Jurisprudence, __ J. L.& Envtl. Lit. __ (forthcoming 2009).

Babcock, H.M., Civic Republicanism Provides Theoretical Support for Making Individuals More Environmentally Responsible, 23 Notre Dame J.L. Ethics & Pub. Pol’y 515 (2009).

Babcock, H.M., Assuming Personal Responsibility for Improving the Environment: Moving Toward a New Environmental Norm, 33 Harv. Envtl. L. Rev. 117 (2009).

Babcock, H.M., Global Climate Change: A Civic Republican Moment for Achieving Broader Changes in Environmental Behavior, 26 Pace Envtl. L. Rev. 1 (2009).

Babcock, H.M., The National Environmental Policy Act in the Urban Environment: Oxymoron or a Useful Tool to Combat the Destruction of Neighborhoods and Urban Sprawl? 23 J.Envtl. L. & Litig. 1 (2008)

Babcock, H.M., Administering the Clean Water Act: Do Regulators Really Have “Bigger Fish to Fry” When It Comes to Addressing the Practice of Chumming on the Chesapeake Bay?, 21 Tul. Envtl. L.J. 1 (2007)

Babcock, H.M., Chumming on the Chesapeake Bay and Complexity Theory: Why the Precautionary Principle, Not Cost-Benefit Analysis, Makes More Sense as a Regulatory Approach, 82 Wash. L. Rev. 505 (2007)

Babcock, H.M, National Security and Environmental Law: a Clear and Present Danger? 25 U. VA. Envtl L.J. 105 (2007)

Babcock, H.M., Grotius, Ocean Fish Ranching, and the Public Trust Doctrine: Ride ‘Em Charlie Tuna, 26 Stan. Envtl. L.J. 3 (2007). Selected as one of Selected as one of 22 best articles published in 2008 by Chicago-Kent College of Law review panel

Babcock, H.M., Reserved Indian Water Rights in Riparian Jurisdictions: Water, Water Everywhere, Perhaps Some Drops For Us, 91 Cornell L. Rev. 1203 (2006)

Babcock, H.M., A Civic-Republican Vision of ‘Domestic Dependent Nations’ in the Twenty-First Century: Tribal Sovereignty Re-envisioned, Re-invigorated, and Re-empowered (2005 Utah L. Rev. 443)

Babcock, H.M., The Effect of the Supreme Court’s Eleventh Amendment Jurisprudence on Environmental Citizen Suits: Gotcha!, 10 Widener L.J. 205 (2003)

Babcock, H.M., The Effects of the United States Supreme Court’s Eleventh Amendment Jurisprudence on Clean Water Act Citizen Suits: Muddied Waters, 83 Or. 47 (2004)

Babcock, H.M., Does Lucas v. South Carolina Coastal Council Protect Where the Wild Things Are? Of Beavers, Bob-O-Links, and Other Things that Go Bump in the Night, 85 Iowa L. Rev. 849 (March 2000)

Babcock, H.M., Democracy's Discontent in a Complex World: Can Avalanches, Sandpiles, and Finches Optimize Michael Sandel's Civic Republican Community?, 85 Geo. L.J. 2085 (July 1997)

Babcock, H.M., Dual Regulation, Collaborative Management, or Layered Federalism: Can Cooperative Federalism Models from Other Laws Save Our Public Lands, 3 W.-NW. J. of Envtl L. & Pol'y 193 (1996)

Babcock, H.M., Has the Supreme Court Finally Drained the Swamp of Takings Jurisprudence: The Impact of Lucas v. South Carolina Coastal Council on Wetlands and Coastal Barrier Beaches, 19 Harv. Envtl. L. Rev. 1 (1995). Selected as one of the 30 best articles published in 1995 by Chicago-Kent College of Law review panel

Babcock, H.M., Environmental Justice Clinics: Visible Models of Justice, 14 Stan. Envtl. L.J. 3 (1995)

Babcock, H.M., Federal Wetlands Regulatory Policy: Up to Its Ears in Alligators, 8 Pace Envtl. L. Rev. 307 (1991)

Eichbaum, W.M. & H. Babcock, A Question of Delegation: The Surface Mining Control and Reclamation Act of 1977 and State-Federal Relations. An Inquiry into the Success With Which Congress May Provide Detailed Guidelines for Executive Agency Action, 86 Dick. L. Rev., 615 (1982)

Non-Academic Journals and Publications

Hansen, N.R., H.M. Babcock & E.H. Clark II, Controlling Nonpoint Source Pollution (Washington, D.C., 1988), 170 pp.

Book Review: Unequal Protection: Environmental Justice and Communities of Color (Bullard ed.), Chemical and Engineering News (January 1995)

Babcock, H.M., An Assessment of the Capability of the Legal System to Assess Damages and Recover Costs for Damages to Natural Resources from a Large Oil Spill: The Case of the Exxon Valdez, published in, The Effects of Oil on Wildlife: Research, Rehabilitation, and General Concerns, Proceedings from: The Oil Symposium, Herndon, Virginia, October 16-18, 1990. The International Wildlife Research, Tri-State Bird Rescue and Research, Inc. and International Bird Rescue Research Center, Hanover, Pa. (1991)

Babcock, H.M., Filling Cracks in the Wetlands Protection System, published in, Stemming the Tide of Coastal Fish Habitat Loss, A Symposium on Conservation of Coastal Fish Habitat, Baltimore, Md., March 7-9 (1991). National Coalition for Marine Conservation, Inc.

"Fourth Annual Conference on Wetlands Law and Regulation." The American Bar Association Section of Natural Resources, Energy and Environmental Law, Water Quality Committee and the Environmental law Institute, Washington, D.C. (1989)

Managing Inflows to California's Bays and Estuaries. The Bay Institute, Monterey, California (1986). Proceedings published, Sausalito, Ca., January 1988

Babcock, H.M. Wetlands Legislation: Alice Through the Looking Glass, published in, Urban Wetlands, Proceedings of the National Wetlands Symposium, Oakland, California (1988). Association of Wetlands Managers, Inc.

Babcock, H.M. Rivers: Our Vanishing Heritage, 2 Envtl. F. 83 (February 1984)

Babcock, H.M. Point and Counterpoint: 404 Dredge or Fill Program Strengthened , Not Weakened, 1 Envtl. F. 20 (April 1983)

Expert Advisor to Authors of Other Publications

fostering Industry-Initiated environmental Protection Efforts: Report of the Committee on Industrial competitiveness and Environmental Protection (Board on Environmental Studies and Toxicology Commission on Geosciences, Environment and Resources and Manufacturing Studies Board Commission on Engineering and Technical Systems National Research Council (National Academy Press, Washington, D.C., 1997) 58 pp.

DiSilvestro, R.L. Fight For Survival (John Wiley & Sons, Inc., New York 1990) 284 pp.

Environmental Health Center, Reporter's Guide to Oceans and Coastal Issues (19__)

Protecting America's Wetlands: An Action Agenda, The Final Report of the National Wetlands Policy Forum. (The Conservation Foundation, Washington, D.C. 1988) 69 pp., and accompanying technical reports

Wallace, D.R. Life in the Balance (Harcourt, Brace Jovanovich, Orlando, Florida 1987) 309 pp.

State of the Environment: A View Toward the Nineties. Report (The Conservation Foundation, Washington, D.C. 1987) 614 pp.

Clark, E.H. II, J. Haverkamp, W. Chapman, Eroding Soils: The Off-Farm Impacts (The Conservation Foundation, Washington, D.C. 1985) 252 pp.

State of the Environment: An Assessment at Mid-Decade: Report (The Conservation Foundation, Washington, D.C. 1984) 586 pp.

Audubon Wildlife Reports (1989/90, 1988/89 and 1987) (Harcourt, Brace, Jovanovich, New York 1989) 585 pp., 817 pp., 697 pp., respectively

Audubon Wildlife Report 1986 and 1985 ( National Audubon Society, New York 1986) 1094 pp., 671 pp., respectively

MISCELLANEOUS

Participated in 2006 evaluation of Vermont Law School conducted by the New England Association of Schools & Colleges, Commission on Institutions of Higher Education; participated in a review of the qualifications of a nominee to the U.S. Supreme Court conducted by the ABA Standing Committee on the Federal Judiciary; Former Chair of the Natural Resources Section of the AALS (2004-05); Member 1993 Clinton-Gore Transition Team; member U.S. Department of Justice, National Institute of Justice, 1992 Environmental Crime Peer Review Panel; former member Enforcement Subcommittee of U.S. Environmental Protection Agency National Environmental Justice Advisory Committee; appointed to, but then withdrew from the Committee on Coal Competitiveness, National Research Council, National Academy of Sciences; member Committee on Industrial Competitiveness and Environmental Protection, National Research Council, National Academy of Sciences; former member U.S. EPA Peer Review Panel for University-Community Partnership Grants; expert advisor to US Environmental Protect Agency Statutory Integration Team.

Member American Bar Association, former member ABA Standing Committee on Environmental Law

Board Memberships: Georgetown Environmental Law & Policy Institute; former member Environmental Media Services, Resolve, Inc., Tuolumne River Preservation Trust, Natural Heritage Institute

Numerous speeches, papers presented to professional and academic symposia and conferences, including judicial conferences, Congressional testimony, and legal filings

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