JOEL B. EISEN

Professor of Law University of Richmond School of Law Mail: 28 Westhampton Way, University of Richmond, VA 23173 E-mail: [email protected] Phone: (804) 287-6511 Fax: (804) 289-8683 Law School Website: http://law.richmond.edu/people/faculty/eisen_joel.html Twitter: @joeleisen Skype: joeleisen LinkedIn: Joel Eisen University of Richmond Distinguished Educator, 2010 Fulbright Professor of Law (Spring 2009) China University of Political Science and Law, Beijing, China (taught International Environmental Law and Energy Law) COURSES TAUGHT Environmental Law Energy Law Law of Clean and Renewable Energy Law of Climate Change Property Environmental Law and Policy (to undergraduate students in the University of Richmond's Environmental Studies program) Occasional courses offered: Environmental and Energy Law in China; International Environmental Law; Urban Environmental Law; Environmental Dispute Resolution VISITING AND SUMMER APPOINTMENTS (ACADEMIC INSTITUTIONS) Environmental and Energy Law and Policy in China, University of Pittsburgh Law School/Graduate School of Public & International Affairs (Spring 2012) Comparative U.S.-China Environmental Law, Vermont Law School (Summer 2011) Law of Climate Change, William & Mary Law School (Spring 2009)

PUBLICATIONS Law Journal Articles Smart Regulation and Federalism For the Smart Grid, 37 Harvard Environmental Law Review ___ (2012) (forthcoming). Demand Response, Wholesale Markets, and the Smart Grid, __ San Diego Journal of Climate and Energy Law ___ (2012) (forthcoming; invited symposium issue). What Price a Negawatt? (work in progress). Distributed Energy Resources, “Virtual Power Plants,” and the Smart Grid, __ University of Houston Environmental and Energy Law and Policy Journal ___ (2012) (forthcoming; invited symposium issue). Finality in Brownfields Remediation and Reuse, ___ Southwestern Law Review ___ (2012) (forthcoming; invited symposium issue). Residential Renewable Energy: By Whom?, 31 Utah Environmental Law Review 339 (2011) (invited symposium issue). • Selected as one of the top 4 environmental law and policy articles of 2011 by the Environmental Law Institute and Vanderbilt University Law School, and excerpted in the 5th annual Environmental Law and Policy Annual Review. • Featured article in the 2012 Vanderbilt ELPAR symposium on “The Future of Energy Law: Residential Renewable Energy: By Whom?” • Excerpted in Richmond Law alumni magazine, Summer 2012. The New Energy Geopolitics?: China, Renewable Energy, and the “Greentech Race,” 86 Chicago-Kent Law Review 9 (2011). China’s Renewable Energy Law: A Platform for Green Leadership?, 35 William and Mary Environmental Law and Policy Review 1 (2010)(invited symposium issue). Can Urban Solar Become a “Disruptive” Technology?: The Case For Solar Utilities, 24 Notre Dame Journal of Law, Ethics & Public Policy 53 (2010) (invited symposium issue). Brownfields and BRAC: A Surprising “Compatibility,” 32 William and Mary Environmental Law and Policy Review 403 (2008) (invited symposium issue). Brownfields at 20, A Critical Reevaluation, 34 Fordham Urban Law Journal 721 (2007).

Rapanos, Carabell, and the Isolated Man, 40 University of Richmond Law Review 1099 (2006) (symposium issue). The Environmental Responsibility of the Regionalizing Electric Utility Industry, 15 Duke Environmental Law and Policy Forum 295 (2005) (invited symposium issue). Regulatory Linearity, Commerce Clause Brinksmanship, and Retrenchment in Electric Utility Deregulation, 40 Wake Forest Law Review 545 (2005). The Blackout of 2003: What Is Next?, 39 University of Richmond Law Review 709 (2005)(symposium remarks). The Trajectory of "Normal" After 9/11: Trauma, Recovery and Post-Traumatic Societal Adaptation, 14 Fordham Environmental Law Journal 499 (2003) (symposium issue). Brownfields Policies For Sustainable Cities, 9 Duke Environmental Law and Policy Forum 187 (1999) (excerpted in Economics, Equity, and the Environment 279-281 (Stephen M. Johnson, ed., Environmental Law Institute, 2004)). From Stockholm to Kyoto and Back to the U.S.: International Environmental Law's Effect on Domestic Law, 32 University of Richmond Law Review 1435 (1999). Are We Ready For Mediation in Cyberspace?, 1998 Brigham Young University Law Review 1305. "Brownfields of Dreams?": Challenges and Limits of Voluntary Cleanup Programs and Incentives, 1996 University of Illinois Law Review 883. Toward a Sustainable Urbanism: Lessons from Federal Regulation of Urban Stormwater Runoff, 48 Washington University Journal of Urban and Contemporary Law 1 (1995). Introduction: Policy in the Wake of the Kepone Incident, 29 University of Richmond Law Review 521 (1995). Antitrust Reform For Joint Production Ventures, 30 Jurimetrics Journal 253 (1990). Federal Preemption of Due-On Sale Clause Prohibitions, 15 The Urban Lawyer 858 (1983).

Books, Book Chapters, and Periodical Articles Energy, Economics and the Environment: Cases and Materials (4th ed. forthcoming)(Co-lead editor; other authors are Fred Bosselman, Hannah Wiseman, Emily Meazell, Jim Rossi, David Spence, and Jacqueline Lang Weaver). Energy and Environmental Law (chapter forthcoming in 2012 in a primer on American law for students in China, in press at Peking University Press, Beijing, China). Renewable Energy--China, in The Law and Politics of Sustainability, Encyclopedia of Sustainability (Berkshire Publishing, 2012). Sustainability Strategies For Urban Brownfields Redevelopment, in Acting as if Tomorrow Matters: Accelerating the Transition to Sustainability (John Dernbach ed., Environmental Law Inst., 2012). Stigmatized Sites and Urban Brownfields Redevelopment, in The Oxford Handbook of Land Economics (Joshua M. Duke and JunJie Wu eds., Oxford University Press, expected 2012). China’s Greentech Programs and the USTR Investigation, 11 Sustainable Development Law and Policy, Climate Law Reporter 3 (2011). Environmental Law in China, Chinadialogue.net (book review of Charles R. McElwee, Environmental Law in China: Mitigating Risk and Ensuring Compliance (2011), June 2011). Utilities Regulation, in The Law and Politics of Sustainability, Encyclopedia of Sustainability (Berkshire Publishing, 2011). Energy, Economics and the Environment: Cases and Materials (3d ed. 2010) (co-authored with Fred Bosselman, Jim Rossi, David Spence, and Jacqueline Lang Weaver). Brownfields Development: From Individual Sites to Smart Growth, 39 Environmental Law Reporter 10,285 (2009). Sino-American Relations: Environmental Protection & Climate Change: A Framework For Discussion, Sino-American Relations Workshop, The Fulbright Program, Hopkins-Nanjing Center, Fudan University, Nanjing, China, May 2009.

“Smart” Brownfields Development, in Agenda For a Sustainable America (Environmental Law Institute, 2008). Energy, Economics and the Environment: Cases and Materials (2d ed. 2006) (co-authored with Fred Bosselman, Jim Rossi, David Spence, and Jacqueline Lang Weaver). A Critique of the Regulations Revising the U.S. Clean Air Act’s New Source Review Program, in Proceedings of the 13th World Clean Air and Environmental Protection Congress, London, England, August 2004. A Case Study of Sustainable Development: Brownfields, in Stumbling Toward Sustainability, Ch. 40 (Environmental Law Institute, 2002). A Case Study of Sustainable Development: Brownfields, 32 Environmental Law Reporter 10,420 (2002). Tenancy in Common, Tenancy in Partnership, and Tenancy in Coparcenary, in Powell on Real Property, Ch. 50 (2000). Practice, Policy, and Pedagogy in a Mandatory Environmental Law Course, in Environmental Challenges (Shimshon Belkin and Shoshana Gabbay eds. 2000) (with Michael Allan Wolf). Practice, Policy, and Pedagogy in a Mandatory Environmental Law Course, 123 Water, Air, & Soil Pollution 409 (2000). Alternative Dispute Resolution at the Environmental Protection Agency, in Federal Administrative Dispute Resolution Deskbook for Practitioners, Ch. 13 (ABA Section of Admin. Law and Regulatory Practice, Marshall J. Breger et al. eds., 2000). Structuring Commercial Real Estate Workouts: Alternatives to Foreclosure (2d ed. 1999)(Author, with W. Wade Berryhill and Michael J. Herbert). Also served as Contributing Editor for Supplements to this book. Brownfields Policies For Sustainable Cities (presented at the National Town Meeting For a Sustainable America, Detroit, MI, May 4, 1999, and accepted for publication in the NTM Conference Proceedings). American “Brownfields” Programs and Voluntary Remediation of Contaminated Land in New South Wales, Environmental and Planning Law Journal, University of Sydney, Australia (1999).

International Environmental Law and the Allen Chair Visiting Scholars Series, Education & Practice section newsletter, Virginia State Bar, Winter 1998. International Environmental Law: From Stockholm to Richmond, Richmond Law magazine, Spring 1998. Alternative Dispute Resolution In American Environmental Conflicts: A Framework For Analysis And Application To Environmental Protection In Israel, in VI(A) Proceedings of the Sixth International Conference, at 321 (Israel Society for Ecology & Environmental Quality Sciences, 1996). Symposia, Presentations and Media Appearances “Virtual Power Plants” and the Smart Grid, University of San Diego School of Law, Fourth Annual San Diego Climate & Energy Law Symposium, San Diego, CA, November 2012 (invited speaker at annual symposium). The Law of Sustainability, Dominion Virginia Power Sustainability Committee, Richmond, VA, October 2012. Smart Regulation and Federalism For the Smart Grid, Harvard Law School and Kennedy School of Government, Cambridge, MA, March 2012 (presentation of work in progress). Distributed Energy Resources and the Smart Grid, Environmental & Energy Law & Policy Journal, University of Houston Law Center, Houston, TX, March 2012 (invited speaker at annual symposium). Faith and the Law, University of Richmond School of Law, March 2012 (panelist). The Future of Energy Law: Residential Renewable Energy: By Whom?, Vanderbilt Law Review and Climate Change Research Network, Nashville, TN, February 2012 (keynote presentation at symposium organized to feature the article “Residential Renewable Energy: By Whom?,” honored as one of four top environmental law and policy articles of 2011). Smart Regulation and Federalism For the Smart Grid, Johns Hopkins University, Energy and Climate Program, Washington, DC, January 2012 (presentation of work in progress). CERCLA and the Future of Liability-Based Environmental Regulation, Southwestern Law School, Los Angeles, CA, November 2011 (invited panelist).

Harvard China Energy & Environment Conference, Cambridge, MA, April 2011 (invited speaker and panel moderator). Perspectives on Energy Law and Climate Change in China, MIT Energy Club, Cambridge, MA, April 2011. Prospects For Offshore Wind In The Aftermath of the Deepwater Horizon Disaster, William and Mary Environmental Law and Policy Review, Williamsburg, VA, January 2011 (invited speaker at annual symposium). Residential Renewable Energy: By Whom?, University of Utah, S.J. Quinney College of Law, January 2011 (invited speaker at The Future of Energy Law symposium). Panelist, Environmental Awareness Group and First Year Seminar on Green Schools expert panel on renewable energy, University of Richmond, Richmond, VA, December 2010. Chesapeake Bay TMDL Fall 2010 Public Meeting, Jepson Alumni Center, University of Richmond, October 2010 (presented public comment on EPA’s draft TMDL, written and edited with students in the Environmental Law and Policy course; led student presentations of oral comments at the meeting). Renewables and Climate Change, Intrinergy Anniversary Event, Richmond, VA, September 2010. The Challenges of Teaching Law in China, Academy of Legal Studies in Business, Richmond, VA, August 2010 (invited keynote speaker at academic conference). View on the Gulf of Mexico Oil Spill, 12 News First At 4, WWBT-12, Richmond, VA, April 2010. Law and the Environment, University of Richmond Chemistry Department, Spring Seminar Speakers’ Series, April 2010. Teaching in China, University of Richmond School of Law, Internal Speakers Series Spring 2010, April 2010. The Future of Energy Regulation, Vision 2020: A View of Our Energy Future, University of Richmond School of Law, April 2010.

The Case For Solar Utilities, Washington and Lee University School of Law, March 2010 (invited participant in annual Journal of Energy, Climate, and Environment (JECE) and Environmental Law Society symposium on Intersection of Renewable Energy Development and Geoengineering). University of Richmond News (with Joan Tupponce), Teaching in China: Law professor teaches environmental law in Beijing, February 2010 (article about Fulbright Scholar experience reprinted from October 2009 issue of Richmond Now). China’s Renewable Energy Law: The “Green” To China’s “Black,” William and Mary Environmental Law and Policy Review, January 2010 (invited participant in annual symposium on renewable portfolio standards). Copenhagen Climate Change Simulation, November 2009 (multinational negotiation exercise conducted via videoconferencing with universities in Hong Kong and mainland China). The Challenge of Global Warming and the Copenhagen Negotiations, October 2009, via videoconference to Hong Kong Baptist University, Hong Kong (introductory lecture in multinational climate change negotiation exercise). Experience As A Fulbright Scholar in China, Presentation to University of Richmond Board of Trustees, Richmond, VA, September 2009. U.S. Climate Change Policy in the Obama Administration, Peking University, Beijing, China, June 2009. U.S. Energy and Environmental Policy in the Obama Administration, Southwest University of China, Chongqing, China, June 2009. Addressing Global Warming at the Domestic and International Levels, Southwest University of China, Chongqing, China, June 2009. U.S. Climate Change Legislation and Administrative Proposals: Implications For International Agreement on Global Warming, Hongik University, Seoul, South Korea, June 2009. Environmental Issues in Real Estate Transactions: Brownfields, Ocean University of China, Qingdao, China, May 2009. U.S. Energy and Environmental Policy in the Obama Administration, Ocean University of China, Qingdao, China, May 2009.

Sino-American Relations: Environmental Protection & Climate Change: A Framework For Discussion, Sino-American Relations Workshop, The Fulbright Program, Hopkins-Nanjing Center, Fudan University, Nanjing, China, May 2009. Energy and Environmental Law and Policy in the Obama Administration, University of International Business and Economics, Beijing, China, May 2009. International Law of Global Warming: Kyoto Protocol and Recent Negotiations, United International College, Zhuhai, China, April 2009. Environmental Issues in Real Estate Transactions: Brownfields, Renmin (Peoples’) University of China, Beijing, China, April 2009. Energy, Environment, and the Election, Temple Beth El, Richmond, VA, September 2008. National Regulatory Conference, Williamsburg, VA, May 2007 (invited panel moderator on Virginia’s electricity “re-regulation” law). Panelist, Seven Hills School for Boys, Richmond, VA, May 2007, Eighth Grade Symposium on Climate Change and the Kyoto Protocol. Mission Impossible?, The Compatibility of Military and Environmental Goals, William and Mary Environmental Law and Policy Review, February 2007 (invited participant in annual symposium). Preserving the Chesapeake: Law, Ecology, and the Bay, University of Richmond School of Law, October 2006 (panel moderator). Jepson Leadership Forum, University of Richmond, October 2006 (panelist for discussion of the global warming movie "An Inconvenient Truth"). Incentives for Renewables in the Energy Policy Act of 2005: Some Optimism, Caution and Historical Perspective, presented at Making Renewable Energy Mainstream, American Council for an Energy-Efficient Economy, Richmond, VA, March 2006. The End of Oil: How Will the U.S. Power the Future?, University of Richmond VOICES public panel discussion, October 2005. Recent Supreme Court Cases, 5400 Men’s Club, Weinstein JCC, Richmond, VA, April 2005.

Environmental Regulation, Energy, and Market Entry, Duke Environmental Law and Policy Forum, Duke Law School, Durham, NC, November 2004. 13th World Clean Air and Environmental Protection Congress, London, England, August 2004. The Blackout of 2003: What’s Next?: Transmission Investment, Restructuring, and the Future of the Electric Utility Industry, University of Richmond School of Law, Richmond, VA, April 2004 (symposium organizer, leader, and panelist). Terror in the Air: Environmental Fallout from 9/11, Fordham Environmental Law Journal, Fordham Law School, New York, NY, March 2003. Richmond Bar Association, Environmental Law, November 2000 (moderator and speaker). Seventh International Conference on Ecology and Environmental Quality Sciences, Jerusalem, Israel, June 1999. National Town Meeting on Sustainable Development, Detroit, MI, May 1999. Program for the Enhancement of Teaching Effectiveness, University of Richmond, Richmond, VA, April 1998 (faculty leader for training seminar on “Atmospherics in the Classroom”). Making Peace With The Earth: Our Responsibility and Response, Ginter Park Presbyterian Church, Richmond, VA, April 1998. Sixth International Conference on Ecology and Environmental Quality Sciences, Jerusalem, Israel, June 1996. State of the Chesapeake Bay Symposium, University of Richmond Law Review, Richmond, VA, April 1995 (panel moderator and speaker; introductory remarks published in the Law Review). Other Activities Recipient of Fulbright Scholar Program grant for law teaching in China, 2008-09 academic year (taught spring semester 2009 at China University of Political Science and Law, Beijing). Discipline Peer Reviewer (Law) for the Fulbright Scholar Program, responsible for comprehensive review and recommendation decisions on over 30 applications

annually for participation in the Program (three-year appointment by the Council for International Education of Scholars, commencing in fall 2010). External peer reviewer for promotion and tenure applications for environmental, energy, and property law professors. Most recent: Professor Lincoln Davies, University of Utah, fall 2011. Consultant/peer reviewer for numerous environmental, energy, and property law coursebooks, and for scholarly research projects at other universities. Most recent: contract with Cambridge University Press to review energy law book proposal (2012); contract with Routledge to review book proposal on China and the Clean Development Mechanism (2011). Faculty advisor (through Independent Research and courses) for numerous published student articles. Recipient of University of Richmond School of Law summer research grants in numerous years between 1995 through 2011. Advisor to Dr. Porcher Taylor’s First Year Seminar course in “Climate Change as a Business Challenge and National Security Threat” (provided my articles as course materials and advised on syllabus) (2010). Guest lecturer and teacher in law school’s Military Law course, and undergraduate Urban Environment course (developed simulation exercise for joint participation by law and undergraduate students). EDUCATION J.D., Stanford Law School (1985) Environmental Law Society, 1984 Writing Competition, 2nd place, for paper on Cogeneration and Small Power Production. B.S., Massachusetts Institute of Technology (1981) Civil Engineering, Concentration in Urban Transportation Planning and Policy PROFESSIONAL EXPERIENCE University of Richmond School of Law, Richmond, VA Professor of Law, 2000-present Associate Professor of Law, 1997-2000 Assistant Professor of Law, 1994-97 Visiting Assistant Professor of Law, 1993-94 Director, Robert R. Merhige, Jr., Center of Environmental Law, 1994-2005

University of the District of Columbia School of Law Adjunct Professor, 1992 George Washington University National Law Center Lecturer, 1989 U.S. House of Representatives Counsel, 1987-93 McCutchen, Doyle, Brown & Enersen, San Francisco, CA Associate Attorney, 1985-87 LAW SCHOOL & UNIVERSITY SERVICE ACTIVITIES Law School Faculty Leader, George E. Allen Chair in Law Visiting Scholars Series (1998) (theme: "Resolving International Environmental Disputes in the 1990s and Beyond"). Chair, Search Committee for Director of the Law Library (1996). Chair and Member, Distinguished Educator Committee (2010-12). Member and Co-Chair, Committee on Student and Alumni Affairs (2002-2006; 2010-2011). Member, Promotion and Tenure Committee (2001-2004; 2006-2010; chair of reappointment subcommittee for Professor Noah Sachs, 2011; chair of promotion and tenure committee for Professor Sachs, 2011-2012). Member, Tenure Subcommittee, Promotion and Tenure Committee (review of new hire, 2010; scholarship reviewer for two new hires, 2011). Member, Admissions and Financial Aid Committee (1995-present); Committee Chair (2009-10). Member, Library and Technology Committee (1995-2001). Member, Ad Hoc Committee on Loan Repayment (2004). Member, Ad Hoc Committee on Academic Success (2000; committee created position requirements for and hired to fill new position of Assistant Professor for Academic Success and Director, Academic Skills Program). Member, Faculty Colloquy Committee (1993-1995). Faculty Secretary (1994-1995). Faculty Representative, American Association of Law Schools House of Representatives (1994-95). Faculty Advisor, Robert R. Merhige, Jr. National Environmental Negotiation Competition (1994-2005). Judge, Barnett Moot Court Competition (1994).

University of Richmond Affiliate Faculty, Modern Literatures and Cultures Department (2010-present). Member, Steering Committee, Chinese Studies major (2010-present). Member, Promotion and Tenure Committee, Jepson School of Leadership Studies (fall 2010; participated in tenure review of Professor Thad Williamson). Member, University Committee on Grievances (2010-present). Drafted report on a Grievance Committee matter (2012). Redrafting the grievance section of the Faculty Handbook (with Professor Jim Gibson) (summer 2012). Member, Committee to Draft Campus Climate Action Plan (2009-present). Member, Advisory Board, Center for Teaching, Learning, and Technology (2009present). Member, Fulbright Scholarship Evaluation Committee (2008-present). Member, Committee on Honorary Degrees (2002-present). Member, University Faculty Council (2001-2005). Contributor to the University of Richmond's Environmental Studies program (teach course in Environmental Law and Policy and consult on curricular matters). Activities as Director of the Merhige Center (1994-2005; highlights) Directed the Robert R. Merhige, Jr. National Environmental Negotiation Competition (annual competition for students from law schools throughout the nation) each year from 1994-2005. Duties included writing and editing of simulation exercises, supervision of student organization’s activities in planning the competition, recruitment of judges, supervision of competition activities and occasional service as a judge. Directed the Merhige Summer Stipend Program (program awarding stipends for summer placements in federal agencies and public interest organizations). Taught a course in Washington, D.C., to externs focusing on practical applications of environmental law and policy in the federal government. Directed the Merhige Fellows program (research and teaching assistant program for the first-year Environmental Law course). Organized a University of Richmond symposium on energy law (The Blackout of 2003: What’s Next?: Transmission Investment, Restructuring, and the Future of the Electric Utility Industry, held in 2004) which featured CEOs of three regional transmission organizations and numerous other presenters, and attracted hundreds of attendees.

Merhige Center Activities (2005-present) Judge, 2011 Robert R. Merhige Environmental Negotiation Competition. Public Comment on Virginia’s Watershed Implementation Plan, Chesapeake Bay TMDL, on behalf of the Merhige Center and University of Richmond students (November 2010). Chesapeake Bay TMDL Fall 2010 Public Meeting, Jepson Alumni Center, University of Richmond (October 2010) (led students in the law school’s Environmental Law course and the undergraduate Environmental Law and Policy course in presenting comments on the EPA’s draft TMDL; video available at http://www.youtube.com/watch?v=mzudmxyfdws). Panelist in conference on Vision 2020: A View of Our Energy Future (April 2010). Served as “moot” judge for negotiators taking part in the Robert R. Merhige, Jr. National Environmental Negotiation Competition (2005-2010), including winning Richmond participants in spring 2010. Organized visit of Rhodes Scholar Scott Moore to the University of Richmond for his presentation on Environmental Law, Policy, and Governance in China (September 2009). Final Round Judge, Robert R. Merhige, Jr. National Environmental Negotiation Competition (2007). Trainer for law school’s “Street Law” program on basics of environmental law (2009-present). Memberships/Miscellaneous Member, Board of Directors, Richmond Region Energy Alliance (2010-present) Member, ABA Section on Natural Resources and Environmental Law Member, Advisory Committee, Virginia Housing for the Environment (1998-2008) Member, Advisory Board, Legal Information Network for Cancer (1998-2002) Member, Board of Trustees, Richmond Shakespeare Volunteer, Richmond SPCA BAR ADMISSIONS District of Columbia; California

PERSONAL Hobbies include crossword puzzle construction. Published puzzles include: “Instant Messaging,” Washington Post Sunday Magazine, July 8, 2007 “Second Thoughts,” Washington Post Sunday Magazine, June 3, 2007 “Creative Propositions,” Washington Post Sunday Magazine, Apr. 30, 2006 “On The Rise,” Washington Post Sunday Magazine, June 26, 2005 “Cellular Connections,” Los Angeles Times Sunday Magazine, Apr. 17, 2005 “Odd Repetitions,” Washington Post Sunday Magazine, May 30, 2004 “Realtor’s Personal,” Washington Post Sunday Magazine, Mar. 28, 2004 (with Nancy Salomon) “Inside GE,” Wall Street Journal, Mar. 19, 2004 “Canadians Speak Out,” Washington Post Sunday Magazine, Jan. 4, 2004 “Players’ Market Tips,” Washington Post Sunday Magazine, May 4, 2003