Pat Parenteau

Biography

Patrick A. Parenteau is Professor of Law and Senior Counsel in the Environmental and Natural Resources Law Clinic (ENRLC) at Vermont Law School. He previously served as Director of the Environmental Law Center at VLS from 1993-1999; and was the founding director of the ENRLC in 2004.

Professor Parenteau has an extensive background in environmental and natural resources law. His previous positions include Vice President for Conservation with the National Wildlife Federation in Washington, DC (1976-1984); Regional Counsel to the New England Regional Office of the EPA in Boston (1984-1987); Commissioner of the Vermont Department of Environmental Conservation (1987-1989); and Senior Counsel with the Perkins Coie law firm in Portland, Oregon (1989-1993).

Professor Parenteau has been involved in drafting, litigating, implementing, teaching, and writing about environmental law and policy for over three decades. His current focus is on confronting the profound challenges of climate change through his teaching, publishing, public speaking and litigation.

Professor Parenteau is a Fellow in the American College of Environmental Lawyers. In 2005 he received the National Wildlife Federation’s Conservation Achievement Award in recognition of his contributions to wildlife conservation and environmental education. In 2016 he received the Kerry Rydberg Award for excellence in public interest environmental law.

Professor Parenteau holds a B.S. from Regis University, a J.D. from Creighton University, and an LLM in Environmental Law from the George Washington U.

Publications

Articles

"A Bug's Eye View of the Sixth Extinction," Environment Forum May/June issue 2019.

Pat Parenteau & Laura Murphy, What a Long Strange Trip It’s Been: The Saga of EPA’s Water Transfers Rule, ABA Natural Resources & Environment (Fall 2016).

"Between a Pebble and a Hard Place: Using 404(c) to Protect a National Treasure," 33 Environmental Forum 4 (July/ August 2016).

"A Bright Line Mistake: How EPA Bungled the Clean Water Rule,” 46 Environmental Law 379 (2016) .

Carbon Trading in China, (with Mingde Cao) 46 ELR 10194, March 2016.

"The Pebble Mine Veto: Saving the Last Wild Salmon Runs," National Wetland Newsletter, March/April 2015.

Between a Pebble and a Hard Place: Using §404(c) to Protect a National Treasure, 37 National Wetlands Newsletter 2 (March/April 2015).

The Carbon Bubble, Fletcher Forum on World Affairs February 2014.

Rethinking Sustainability to Meet the Climate Change Challenge, (with several co-authors), 43 Environmental Law Reporter 10342-10357, (2014).

A Bridge Too Far: Building Off-ramps on the Shale Gas Superhighway (with Abigail Barnes), 49 Idaho Law Rev.325 (2013).

The Other Dam: Grayrocks vs the Whooping Crane, 80 Tenn. L. Rev. 543 (2012).

Wetlands Conservation and Climate Resilience, The National Wetlands Newsletter Vol. 34 No. 4 (2012).

Reinvigorating the Public Trust Doctrine: Expert Opinion on the Potential of a Public Trust Mandate in U.S. and International Environmental Law (with several authors), Environment: Science and Policy for Sustainable Development, Volume 52, Issue 5, 2010.

Come Hell and High Water: Coping with the Unavoidable Consequences of Climate Disruption, 34 Vermont Law Rev. 957 (2010).

Last One Standing: The Roberts Court and Article III, ABA Trends (November/December, 2009).

Lead, Follow, or Get Out of the Way: States Tackle Climate Change with Little Help from Washington, U. of Connecticut L. Rev. Vol. 40 (May 2008).

An Empirical Assessment of the Impact of Critical Habitat Litigation on the Administration of the Endangered Species Act, August 2005.

Conservation Science, Biodiversity, and the 2005 U.S. Forest Service Regulations (with Barry Noon and Steve Trombulak) Conservation Biology, Vol. 19 No. (5 October 2005).

Bushwhacked: The Impact of the President's Policies on Vermont, Vermont Environmental Reporter (May/June 2004).

"Citizen Suits Under the Endangered Species Act: Survival of the Fittest," Widner Law Review (2004).

"Whatever Industry Wants, Environmental Policy Under Bush II," Duke Environmental Law and Policy Forum (2004).

Unreasonable Expectations: Why Palazzolo Has No Right to Turn a Silk Purse into a Sow's Ear, 30 B.C. Envtl. Aff. L. Rev. 101 (2002).

A Biodiversity Plan for Vermont? Vermont Environmental Reporter (Summer 2001).

Our Wetland Dominoes, National Law Journal (2001).

Rearranging The Deck Chairs: Endangered Species Act Reforms in an Era of Mass Extinction, 22 Wm. & Mary Envtl. L. & Pol'y Rev. 227 (1998).

She Runs With Wolves: In Memory of Mollie Beattie, 14 Trumpeter 4 (1997).

With Dean Suagee, Fashioning a Comprehensive Environmental Review Code for Tribal Governments: Institutions and Process, 21 Am. Indian L. Rev. 297 (1997).

Who's Taking What? Property Rights, Endangered Species, and the Constitution, 6 Fordham Envtl. L.J. 619 (1996).

Babbitt v Sweet Home: The Court Protects Endangered Species Habitat, 5 Rivers 216 (1996).

A Bum Rap for Vermont's Endangered Species Act, The Vermont Bar Journal and Law Digest (October, 1995)

With Don Baur, Overview of Federal Wildlife Law, Nat. Resources & Env't (Spring, 1990; updated Fall, 1994).

Everything You Need to Know About Environmental Law You Learned in Kindergarten, 23 Envtl. L. 223 (1993).

With Craig Johnston, The Big Chill: The Impact of Fleet Factors on Lenders, Chemical Waste Litig. Rep., August 1990, at 20.

Small Handles, Big Impacts: When Do Corps Permits Federalize Private Development?, 20 Envtl. L. 747 (1990).

NEPA at Twenty, 6 Envtl. F. 14 (1989).

With Nancy Tauman, The Effluent Limitations Controversy, 6 Envtl. L.Q. 1 (1977).

With R. Catz, Public Assessment of Biological Technologies: Can NEPA Answer the Challenge?, 64 Geo. L.J. 679 (1976).

Regulation of Nuclear Power Plants: Constitutional Dilemma for the States, 6 Envtl. L. 675 (1976).

Commentaries

“Supreme Court to Visit Maui,” American College of Environmental Lawyers Blog, Feb. 21, 2019.

"Channeling Scalia: Does the Clean Water Act Regulate Indirect Discharges “to” Navigable Waters Via Groundwater?" American College of Environmental Lawyers (ACOEL.org), December 11, 2018.

"Kozinski Resignation Complicates Mandamus Ruling in Kids’ Climate Lawsuit," American College of Environmental Lawyers (ACOEL), December 22, 2017.

"Gorsuch likely to be skeptical of environmental rules, but that could bite Trump, too," Grist, February 3, 2017.

"Trump Greenlights Keystone and Dakota Access Pipelines, but the Battle is Far From Over," American College of Environmental Lawyers, January 26, 2017.

“Sending a Message on WOTUS?”, American College of Environmental Lawyers Blog, June 6, 2016.

"The Clean Power Plan Will Survive: Part 2," Law360, September 29, 2015.

"The Clean Power Plan Will Survive: Part 1," Law360, September 28, 2015.

Dirty Money vs. Clean Power: How the Fossil Fuel Industry Hopes to Kill EPA’s Climate Rule, Desmog Blog, June 22, 2015.

Don't Gut Environmental Review, Rutland Herald and VtDigger May 13, 2013.

In Praise of Public Interest Journalism Huffington Post (October 2011).

"Wetlands and Climate Change" National Wetlands Newsletter, March 2009.

The First One Hundred Days: Ten Things President Obama Should Do to Confront the Climate Crisis, ELQ Currents, December 2008.

"Preemptive Surrender: How Corps Districts are Giving Away Clean Water Act Jurisdiction," National Wetlands Newsletter (2005).

Environmental Clinic Works for People Burlington Free Press (November 2004).

Trashing Vermont, The Rutland Herald (November 13, 2003).

Playing Games with Critical Habitat, Northern Woodlands (Sept/Oct 2003).

Leahy's Careful Scrutiny Is Necessary, Valley News (VT) (May 23, 2002)

Don’t Squander Best Chance To Clean Up Elizabeth Mine, Valley News (VT)( March 23, 2002).

Opponents Threaten To Unravel Champion Plan, Burlington Free Press (VT) (Jan. 15, 2002).

Court Should Nix Takings Argument, Boston Globe (2002).

Coming EPA Policy Ruling Gives Court Opportunity to Clear the Air, The Philadelphia Inquirer (PA) (Nov. 3, 2000).

Let Regulation Evolve, Naturally, Legal Times (May 13, 1996).

Twenty-Five Years of Environmental Progress Comes to a Screeching Halt, Valley News (VT) (April 23, 1995).

Another Broken Promise? The Oregonian (OR) (Aug. 30, 1994).

Lessons from the Spotted Owl for Vermont, Burlington Free Press (VT) (April 3, 1994).

Court Finds New Basis for Liability (with Craig Johnston and Mary Wood), National Law Journal (May 13, 1991).

Exporting Extinction–Or Building a Future? Legal Times (Mar 4, 1991).

Work to Protect People and Owl, The Oregonian (April 24, 1990).

NEPA at Twenty: Disappointment or Success?, Audubon, Mar. 1990, at 104.

Environmental Paper Trail Twenty Years Later, Oregonian, Nov. 12, 1989, § K (Forum), at 1.

Green Justice Revisited: Dick Brooks on the Laws of Nature and the Nature of Law, (forthcoming) Vermont J. of Env. Law, Fall 2018.

Co-author, Brief Amici Curiae of Environmental Law Professors in Weyerhaeuser v USFWS US S. Ct. 2018.

The Clean Water Rule: Not Dead Yet, 48 Environmental Law 377 (Summer 2018).

Legal Advocacy

Unopposed Motion by Former State Energy and Environmental Officials for Leave to Participate As Amici Curiae, West Virginia v EPA, March 28, 2016.

Chapters

ClimateChange in the Marine Environment (lead author), in Ocean and Coastal Law and Policy 2d Ed. (ABA 2015).

Legal Authorities for Ecosystem-Based Management in U.S. Coastal and Ocean Areas (with several co-authors), in Ocean and Coastal Law and Policy 2d Ed. (ABA 2014).

Cities on Stilts: The Myth of Large Scale Climate Adaptation in Rethinking Sustainability in an Age of Climate Change Environmental Law Institute (2014).

Species and Ecosystem Impacts, in The Law of Adaptation to Climate Change ABA 2012.

Go Back it's a Trap: On the Perils of Geologic Sequestration of Carbon Dioxide, in The Climate Reader Carolina Press 2010

The Take Prohibition, in Endangered Species Act Deskbook, Section of Environment, Energy and Resources (SEER) of the American Bar Association (2008).

An Overview of Wildlife Law in the United States, in Wildlife Law: A Global Perspective, edited by Raj Panjwani, ABA 2008.

Overview of Wildlife Law in the United States (with Don Baur) in Wildlife Law: A Global Perspective (ABA 2008).

Overview of Federal Wildlife Law in Natural Resources Law (ABA 2008).

The Endangered Species Exemption Process and the God Squad, in The Endangered Species Act: Law, Policy and Perspectives, American Bar Association (2002).

Vermont Environmental Law, in State Environmental Laws: A Deskbook For Practitioners (Martindale-Hubbel 2002).

Vermont Environmental Law, in Environmental Law Practice Guide: State and Federal Law, Michael Gerrard (general editor) (Matthew Bender & Co. 2001).

The God Squad, in The Endangered Species Deskbook (ABA 2000).

"Federal Wildlife Law," ABA Nat. Resources L. Handbook (1994).

Wetlands Regulation under The 404 Program, in Federal Wetlands Regulation (Gov’t. Institutes Inc. 1991).

Other

Are We Resting on Our Laurels? Vermont Environmental Report, Fall 2008.

Books

With Don Baur, Overview of Federal Wildlife Law, Natural Resources & Environment, a publication of the ABA Section of Natural Resources, Energy, and Environmental Law (Fall, 1995).

Presentations

“Trump’s ‘America First Energy Plan’ - Part 3” episode 5 of VLS’s Hothouse Earth podcast, July 25, 2019.

“Climate Change in the Courts,” in VLS’s Hot Topics in Environmental Law summer lecture series, July 16, 2019.

“Implications of Clean Water Act Rollbacks in New Mexico,” Los Alamos National Laboratories, May 9, 2019.

“WOTUS 2.0: The Implications of the Clean Water Rule Revisions for the West,” New Mexico Bar Association, April 2, 2019.

“Recovery after Trump,” Public Interest Environmental Law Conference, University of Oregon, February 28, 2019.

“The Great Debate: Is Global Warming a Public Nuisance?” Antonin Scalia School of Law at George Mason U sponsored by the Law and Economics Program, May 22, 2018.

"Climate Change Litigation Heating Up." University College Cork Ireland on April 25, 2018.

"Environmental Protection in the Trump Era," Lewis & Clark Law Review Symposium on April 9, 2018.

"Defending the ESA in the Era of Trump" and "Enforcing the Rule of Law in an Age of Deregulation," Tulane Environmental Summit, Mar 9-10, 2018.

Moderator, 8th Annual Colloquium on Environmental Scholarship, Vermont Law School, September 23, 2017.

Panelist, "Using Judicial Processes for Political Purposes," The Federalist Society Annual Convention, Washington, DC, November 19, 2016.

Keynote address, "Just Say No: Reducing Nutrient Pollution to Chesapeake Bay," sponsored by the Chesapeake Bay Foundation, Annapolis, MD, April 22, 2016.

Webinar presentation, “Waters of the U.S. Rule," Environmental Law Symposium: Waters of the United States, Lewis and Clark Law School, April 8, 2016.

Presentation, Law and Governance in the Anthropocene, April 8, 2016.

Presentation, “Ending the War on Wildlife: Reforming the Wildlife Services Agency within the US Department of Agriculture," Massachusetts School of Liberal Arts, March 31, 2016.

Keynote Address, "The Post Scalia Era of Environmental Law," 17th Annual Northeast Florida Environmental Summit, Florida Coastal Law School, February 25, 2016.

Keynote address, “Climate Change in the Caribbean” Climate Change in the Caribbean 2015: Puerto Rico and the U.S. Virgin Islands, San Juan, Puerto Rico, November 18, 2015.

Testimony, "Examining the Federal Regulatory System to Improve Accountability, Transparency and Integrity," Senate Committee on the Judiciary, Washington, DC, June 10, 2015.

Testimony, "Legislative Hearing on S. 1140, The Federal Water Quality Protection Act," Senate Committee on Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife, Washington, DC, May 19, 2015.

The Clean Power Plan: Legal and Moral Imperative for Action, 40th annual conference of the National Association of Environmental Professionals, Panelist, April 14, 2015.

Patrick Parenteau participated as a speaker on two panels, "Dead Zones, Hypoxia and Nutrient Loading: Is Pollution Trading the Answer?" and "ObamaAir: Greenhouse Gases, Clean Coal, Pollution Trading and Carbon Caps" at the Society for Environmental Journalists Annual Meeting, New Orleans, LA, September 3-7, 2014.

Patrick Parenteau testified before the U.S. House of Representatives Water Resources and Environment Subcommittee Hearing on "EPA's Expanded Interpretation of its Permit Veto Authority Under the Clean Water Act."

Running Out of Atmosphere: How Millennials Will Save Civilization from Runaway Climate Change, Thirtieth Annual Public Interest Environmental Law Conference, U of Oregon February 2014.

A Law like No Other: Celebrating the fortieth Anniversary of the Endangered Species Act, Public Interest Environmental Conference, U of Florida February 2103.

Species Conservation in the Anthropocene, ALI/ABA Course of Study Species Protection: Critical Legal Issues, May 2012.

Reinvigorating the Public Trust Doctrine, American Assn. for Advancement of Science Annual Meeting, May 2011.

Restoring the Clean Water Act, River Rally Baltimore, Md., May 29, 2009.

"How to Teach Climate Change," Natural Resources Law Professors Institute, Rocky Mountain Mineral Law Foundation, Yellowstone National Park, May 29, 2009.

"Climate Change in the Courtroom," Guest Lecture ENVS 20, Dartmouth, April 24, 2009.

"Life after Rapanos," Federalist Society, Boston, MA, March 26, 2009.

"Climate Change: A Crisis for Democracy," ILLEAD Lecture Series, Dartmouth, October 28, 2008.

"Meltdown: Can Law Save the Arctic?" Yale School of Forestry and Environmental Studies, October 21, 2008.

"Ecosystem Effects of Climate Change," Massachusetts School of Law, Andover, MA, October 11, 2008.

"The Role of State and Local Planning in Climate Change Mitigation and Adaptation," Windham County Regional Planning Commission, Brattleboro, VT, September 30, 2008.

"Is It Just Me or Is It Getting Hot in Here?" ABA Mid-Year Meeting, Clean Air Panel, Phoenix, Az., September 19, 2008.

"Wetlands and Climate Change," Association of State Wetlands Managers Annual Meeting, Portland, Oregon, September 16, 2008.

"Clean Water Act Jurisdiction After Rapanos," The Federalist Society, Capitol Hill, Washington, D.C., September 6, 2007.

"Clean Water Act Developments," Environmental Law in New England, ABA/ALI, Boston, May 8, 2007.

Sue the Bastards!, Public Interest Environmental Law Conference, U. of Florida, Gainsville, March 2, 2007.

"Assault on the ESA," The Society of Environmental Journalists, Burlington, VT, October 2006.

"Clean Water Act Jurisdiction," Easter Water Law Conference, ABA/ALI Miami, May 11, 2006.

Defining Waters of the United States after SWANCC, The Association of State Wetlands Managers, Albuquerque, NM (October 2005).

What's in a Name? The Bush Administration's Environmental Record, The Society for Environmental Journalists 15^th Annual Conference, Austin, TX (September 2005)

"Implications of Miccosukee," ABA National Telecast, June 13, 2004.

Litigating the ESA Take Prohibition, ALI/ABA Conference on the Law of Protected Species, Washington DC, (April 2004).

"Clean Water Act Jurisdiction After SWANCC," The Federalist Society, National Press Club, Washington D.C., February 2004.

"The Rights of Critters," Society for Environmental Journalists Annual Meeting, October 2003.

"Practicing What We Preach: A Critical Review of the Bush Environmental Record," Rocky Mountain Mineral Law Foundation, Natural Resources Law Professors Institute, June 2003.

Testified before the Senate Agriculture Committee, HR1904 The Healthy Forest Restoration Act, June, 2003.

"Survival of the Fittest: Litigating the Endangered Species Act," Symposium on Citizen Suits, Widener University Law School, April 2003.

"No Such Thing as an Isolated Wetland," Symposium on the Thirtieth Anniversary of the Clean Water Act, Lewis and Clark Law School, October 2002.

Testified before the House Regulatory Reform Committee, Oversight Hearing on the SWANCC Decision, September, 2002.

"Watershed Protection," International Environmental Law Summer School, Petrozavodsk State University, Karelia, May 2002.

"The Public Trust Doctrine as a Background Principle of Property Law," Symposium on the Palazzolo Case, Boston College Law School, March 2002.

Forestry and Biodiversity, International Environmental Law School, Petrozavodsk State University, Karelia, Russia (June, 2001).

"Comparative Analysis of American and Russian Forestry Practice Laws," for Environmental Law Summer School, Petrozavodsk State University, Karelia, Russia, 2000.

"The Wilderness Act in Action," Federal Land Managers Training Program, Seattle, 2000.

"Wilderness Preservation," The Arthur Carhart Center, Seattle, 2000.

Citizen Enforcement of Environmental Laws in the United States, ABA-CEELI Conference, Moscow, Russia (May 1999).

"Forestry Law," Presentation to the Duma of the Republic of Karelia, Russia, 1999.

"The Future of the Endangered Species Act," Symposium at the Cornell Law School, 1998.

"The Politics of Extinction," Symposium on Endangered Species and Private Property Rights, William and Mary Law School, 1998.

Presentations to the Cuban Ministry of Environment and University of Havana School of Law, 1995.

Awards & Accomplishments

Awards, Honors or Grants

Scholar of the Month, The Center for Climate, Energy, Environment and Economics at the University of North Carolina School of Law, December 5, 2016.

Recipient, 2016 Kerry Rydberg Award for Environmental Activism, Public Interest Environmental Law Conference (PIELC), University of Oregon, March 5, 2016.

Connecticut River Conservation Council, River Champion (2009)

National Wildlife Federation, National Conservation Achievement Award (2006)

Service Work

Helped build strong advocacy program, National Wildlife Federation.

Administered environmental programs for state and federal agencies.

Developed legal theories to expand protection for wetlands and endangered species.

Drafted and helped enact many environmental laws at federal and state level.

Taught and mentored hundreds of students and young lawyers.

Regional Counsel for the New England office of the Environmental Protection Agency, Boston, 1984–87.

Vice-President for Conservation, National Wildlife Federation, Washington, DC, 1976–84.

Commissioner, Vermont Department of Environmental Conservation, 1987–89.

Affiliations

Professor at Vermont Law School since 1993.
Director of Vermont Law School's Environmental Law Center 1993-1999.
Director of Vermont Law School's Environmental and Natural Resources Law Clinic (ENRLC) 2003–07.
Currently serves as senior counsel to the ENRLC.

Admitted to practice in Nebraska, Oregon, District of Columbia, Second Circuit and US Supreme Court.

Member, American Bar Association, Society of Conservation Biologists

Board Member, Climate Law Institute

Other Accomplishments or Activities

Podcast, "The Environmental Protection Agency’s Waters of the United States Rule," The Federalist Society, April 22, 2015.