Pace Law School Creates Kheel Center on Resolution of Environmental Interest Disputes

This Friday, May 4, a briefing on the environmental law initiative announced below will be conducted by Theodore Kheel, one of best-known mediators in America; Stephen J. Friedman, the President of Pace University and a former SEC Commissioner; and several noted environmental attorneys.

MEDIA BREAKFAST BRIEFING: This Friday, May 4, a briefing on the environmental law initiative announced below will be conducted by Theodore Kheel, one of best-known mediators in America; Stephen J. Friedman, the President of Pace University and a former SEC Commissioner; and several noted environmental attorneys.

Kheel and Friedman will sign the agreement establishing the new center, in the presence of the acting dean of the Pace Law School, Michelle Simon; former Pace Law dean and US Congressman Richard Ottinger; Erik Schmertz, a Pace Law faculty member who is a former dean of the Hofstra law school; and Robert Kheel, President of the Nurture Nature Foundation and a partner in the law firm of Willkie Farr & Gallagher LLP.

Continental breakfast will be served. Briefing at 9 AM sharp, Charles Evans Hughes Room, Bar Association of the City of New York, 42 West 44th St. RSVP to Chris Cory at Pace, ccory@pace.edu, 212 -346-1117 or cell 917-608-8164.

Contact
Chris Cory, Public Information, Pace University,
212-346-1117, cell 917-608-8164, ccory@pace.edu

NOTE: Photos available on request of key Pace Law School people with Ted Kheel
Additional background materials are attached

PACE LAW SCHOOL CREATES
KHEEL CENTER ON RESOLUTION OF ENVIRONMENTAL INTEREST DISPUTES

Global warming to be a focus

White Plains, NY, April 4, 2008 – The Pace University School of Law today announced establishment of the Kheel Center on Resolution of Environmental Interest Disputes. The Center will provide educational programs for law students and lawyers in the techniques of discovery, fact-finding and other means of alternative dispute resolution to resolve environmental “interest disputes,” those that do not lend themselves to resolution by litigation.

The Center is being established with a $1 million grant to Pace Law School from Theodore W. Kheel, the famed mediator, through the Nurture Nature Foundation that he established and chairs. The grant will be supplemented by additional funding obtained through a fund raising campaign.

The Center will have a focus on using alternative dispute resolution techniques to resolve the many issues surrounding global warming. The Center also plans to assist law firms in establishing legal practices in this field.

Converging strengths. The Pace law school has one of the top environmental law programs in the country, offering J.D., LL.M., and S.J.D, degrees with an emphasis on advanced environmental law research and law reform. As a national leader in environmental studies and activities, and particularly through its Land Use, Energy Law and Riverkeeper programs and its leadership in international environmental law in collaboration with the International Union for the Conservation of Nature and Natural Resources (IUCN) and the IUCN Academy of Environmental Law, as well its special standing in the legal community, Pace is well suited to reach those groups likely to be confronted with environmental conflicts.

Theodore W. Kheel has spent many years of his working life resolving conflicts between labor and management. In that capacity, his work has fallen into two categories, arbitration and mediation. In thousands of cases, Kheel, as arbitrator, decided the rights and obligations of the parties to collective bargaining agreements in individual disputes.

Based on his experience, Kheel wrote The Keys to Conflict Resolution, a book on both the resolution of rights and interest conflicts. He is recognized as one of the country’s most eminent practitioners of alternative dispute resolution.

In recent years Kheel has devoted himself to environmental causes, particularly those associated with addressing climate change. He attended the 1992 Earth Summit, published its daily newsletter and created and chairs the Earth Pledge Foundation. He also is of counsel to the law firm of Paul, Hastings, Janofsky & Walker LLP.

Appendixes:
1. Newly-approved Pace Law courses in environmental dispute resolution
2. Background on Pace Law School and the environment
3. Theodore W. Kheel involvement in rights and interest disputes
4. Excerpts from the agreement

Appendix 1: Newly-approved courses at Pace Law School in environmental dispute resolution

ENVIRONMENTAL LAW SEMINAR: ENVIRONMENTAL DISPUTE RESOLUTION (THEORY)
2 credits (Spring 2009) (prerequisite: Environmental Skills & Practice)

Course Description
The course is designed to explore the common characteristics of environmental disputes and the range of resolution options from rights-based approaches, such as litigation and appellate advocacy, to interest-based approaches, such as consensus building, mediation, collaborative governance, and facilitation. In addition, the course will examine the roles that lawyers can play in these varied approaches. A major theme of this course will be to compare the advantages and disadvantages of adversarial and collaborative approaches in environmental disputes.

ENVIRONMENTAL LAW SEMINAR: ENVIRONMENTAL DISPUTE RESOLUTION (SKILLS)
2 credits (Fall 2010) (prerequisite: Environmental Dispute Resolution (Theory))

Course Description
Through mock negotiations, mediations, facilitations, and consensus-building exercises, this course will emphasize the skills used by neutral third parties to resolve disputes and evaluate how those techniques can be used by attorneys to create a problem-solving climate. A major focus of this course is the transmission of skills used by third parties to transform adversarial interactions into collaborative interactions that emphasize building relationships and identifying and implementing mutually beneficial outcomes.

— # —

Appendix 2:

PACE UNIVERSITY SCHOOL OF LAW AND THE ENVIRONMENT

Pace Law School has one of the top environmental law programs in the country. It offers J.D., LL.M., and S.J.D, degrees with an emphasis on advanced environmental law research and law reform. As a national leader in environmental studies and activities, and particularly through its Land Use, Energy Law and Riverkeeper programs, and its leadership in international environmental law in collaboration with the IUCN and its Academy of Environmental Law, as well its special standing in the legal community, Pace is well suited to reach those groups likely to be confronted with environmental conflicts.

Pace Law School Professor Nicholas Robinson edited and published the proceedings of the United Nations Conference on Environment and Development (UNCED) in six volumes. Pace Law School works on implementation of UNCED’s Agenda 21 through its association with The International Union for the Conservation of Nature and Natural Resources (IUCN, also known as the World Conservation Union).

The Center will benefit from Pace Law School’s credibility and reputation for impartiality as a leading center for the study of environment law and policy. It also will benefit from the availability of the Pace Law School’s Faculty. The Center will build on the significant record of accomplishment and the core of work underway at the Pace School of Law, including:

1. Faculty and students from the Pace Environmental Law Clinic (representing the Riverkeeper) who participated in the Hudson River power plant settlement that resulted in the endowment of the Hudson River Foundation, as well as the Pace National Environmental Law Moot Court Competition, (the leading national moot in the United States), which uniquely features three parties (the government and economic and non-economic interests).

2. The 4th IUCN Academy of Environmental Law Colloquium organized by and held at Pace Law School that focused on environmental compliance and enforcement including the role of alternative dispute resolution in environmental compliance and enforcement.

3. The Land Use Leadership Alliance at the Pace Land Use Law Center that works with communities on dispute resolution techniques.

4. The Center for Environmental Legal Studies, which is a leading American environmental law institute, specializing in legal education, research and national and international environmental policy. The Center is co-directed by Dean Emeritus Richard L. Ottinger and Nicholas A. Robinson, Gilbert & Sarah Kerlin Distinguished Professor of Environmental Law. The Center represents the Law School as a member of IUCN.

5. Research by Adjunct Professor Joe Siegel on alternative dispute resolution within the United States Environmental Protection Agency, where he serves in the Agency’s Regional Counsel’s Office.

6. A close working relationship with Professors Du Qun, Qin Tianbar and Lou Ji at Wuhan University, who conduct extensive research on environmental dispute resolution in China.

7. The work of the Pace Energy Project in addressing global warming conflicts between the environmental and corporate communities. This includes collaboration in China with Shanghai Jiao Tong University’s Energy and Natural Resources Law Institute headed by Professor Wang Xi and the Wuhan and Southwest law schools in China.

8. A growing effort in Brazil to include alternative dispute resolution among the issues that are part of the ongoing work between Pace Law School and the Institute of Law For A Green Planet (Brazil’s leading environmental law educational institute), and the Rio de Janeiro City Attorney’s Office as well as the work done with the Catholic University of Rio de Janeiro, and other Brazilian law schools.

9. The Pace relationship with the International Union for the Conservation of Nature and Natural Resources (IUCN) and its IUCN Academy of Environmental Law linking worldwide academic environmental law programs.

The Kheel Center will assist the Pace Law School’s distinguished group of legal scholars. In addition to participating faculty members, dispute resolution expert Professor Eric Schmertz (former Dean of Hofstra University Law School); and on the Pace Faculty, Dean Emeritus Richard L. Ottinger and Professor Nicholas A. Robinson; other Pace Law faculty members who can be called on include Professors Jill Gross, a mediation expert, John A. Humbach, Robert F. Kennedy, Jr., Academic Dean Jeffrey G. Miller and John R. Nolon; and Associate Professors David N. Cassuto, Karl S. Coplan, and Ann Powers.. Environmental Law Program Directors and managers participating include the Executive Director of the Pace Energy Project and Sean F. Nolon (Director of the Land Use Law Center). Labor and Civil Rights expert Professor Randolph Scott McLaughlin also has agreed to participate.

Appendix 3:

THEODORE W. KHEEL

INVOLVEMENT IN RIGHTS AND INTEREST DISPUTES

Theodore W. Kheel, a lawyer who has been a member of the bar of the State of New York since 1937, has spent many years of his working life resolving conflicts between labor and management. In that capacity, Kheel’s work fell into two categories, arbitration and mediation. In thousands of cases, Kheel, as arbitrator, decided the rights and obligations of the parties to collective bargaining agreements in individual disputes.

Based on his experience, Kheel wrote The Keys to Conflict Resolution, a book on the resolution of both rights and interest conflicts.

KHEEL AND THE CONFLICT BETWEEN ENVIRONMENTAL PROTECTION AND ECONOMIC DEVELOPMENT

In 1992, Kheel attended the United Nations Conference on environment and development in Rio de Janeiro, better known as the Earth Summit since virtually every nation of the world was in attendance. As its title indicated, the conference was about the conflict between environmental protection and economic development, both indispensable goals. The conferees concluded that the environment could best be protected by economic development that was sustainable.

Appendix 4: Excerpts from the Agreement.

The agreement between Pace University School of Law and Theodore W. Kheel, through the Nurture Nature Foundation, provides in significant part as follows:

1. Pace is deeply committed to the resolution of environmental disputes;

2. Kheel, a member of the bar of the State of New York since 1937, also is deeply committed to the resolution of environmental disputes;

3. A careful identification of the facts in dispute is key to the resolution of virtually all disputes;

4. Disputes charging a violation of law or contract are often referred to as “rights” disputes;

5. In the United States as compared to other common law countries, the parties can obtain the facts in a pending law suit charging a violation of law or contract through what is known as discovery;

6. There are critical environmental disputes, notably major aspects of global warming, that in the absence of legislation can only be resolved by agreement or voluntary consent;

7. Such disputes are often referred to as “interest” disputes; and

8. There are many environmental disputes between organizations and society with a growing number of spokespersons for society’s interests;

9. A growing number of organizations concerned about the environmental damage they are creating are seeking assistance to reduce their imprint;

10. Rights disputes as well as interest disputes relative to actions producing global warming are crying out for resolution throughout the world;

11. It is just as critical in the resolution of interest disputes as it is in rights disputes to discover the facts and to identify the parties in dispute.

Therefore, it is hereby agreed by and between Pace University School of Law and Theodore W. Kheel that:

12. Pace shall create the Kheel Center on Resolution of Environmental Interest Disputes.

13. Kheel shall serve as Advisor and Supporter of the Center.

14. Kheel shall arrange for the Nurture Nature Foundation, which he serves as president, to grant Pace a million dollars in support of the Kheel Center on Resolution of Environmental Interest Disputes.

15. Pace shall create a plan of action including voluntary agreements and the many applicable forms of discovery lawyers have developed in ascertaining the facts in rights disputes that can be used in discovering the facts in interest disputes.

16. The plan of action shall also include any additional techniques of resolution Pace can develop in association with an advisory panel of qualified lawyers and experts.

17 As part of the plan of action, the Center shall teach law students how to discover the basic facts in dispute in environmental interest disputes.

18 The Center shall also encourage and advise lawyers on using their unique fact finding skills in practice areas on the resolution of environmental interest disputes by relying to the extent possible on such procedures of discovery in rights disputes as pleadings, depositions, examinations and the like.

19. The Center shall also collaborate with scientists and other specialists in discovering the facts in interest disputes.

Leave a Reply

Your email address will not be published. Required fields are marked *