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Conference Schedule

This course has been approved for up to 10 CLE credits in South Carolina, with 8 CLE credits available for the first two days of the course, and an additional 2 CLE credits available for the optional third day in Charleston.  CLE approval for other states is pending.

Thursday, November 2, 2017

 
5–6:30 PM
WELCOME:

James Smith Harrison, III, Journal Student Editor in Chief

 
PANEL I: SOUTHEASTERN COASTAL LAND USE REGULATION IN LIGHT OF LUCAS

This panel will focus on the administrative regulation of coastal land use. Panelists will discuss recent administrative law rulings, rule comments, and practical effects of the regulation on the Southeastern coast. The panelists will also answer the central question of how Lucas affected the implementation of land use regulation along the coast.

Moderator:

Amy Armstrong, Executive Director and General Counsel, South Carolina Environmental Law Project

Speakers:

Miles Coleman, Nelson Mullins Riley & Scarborough, LLP
W. Andrew Gowder, Austen & Gowder, LLC
Christine Goebel, North Carolina Department of Environmental Quality
Mary D. Shahid, Nexsen Pruet, LLC

 
79 PM
DINNER AND KEYNOTE ADDRESS

The former Chief Justice of the South Carolina Supreme court will discuss the legislative background of the Beachfront Management Act, the factual background of the Lucas litigation, and how Lucas shaped South Carolina’s future. Chief Justice Toal will also discuss the legal arguments that dissuaded and persuaded the South Carolina Supreme Court.

Introduction:

Robert M. Wilcox, Dean, University of South Carolina School of Law

Speaker:

The Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court (ret.)


Friday, November 3, 2017

 
910:30 AM
PANEL II: THE LEGAL IMPACT OF LUCAS AFTER TWENTY-FIVE YEARS

This panel will examine the legal impact of Lucas through an academic lens. Law school professors from around the country will discuss the policy arguments of the Lucas case and how the same arguments are still present in recent coastal law litigation. Additionally, the panelists will talk about recent academic trends in coastal law management and litigation theories.

Moderator:

Nathan Richardson, Assistant Professor of Law, University of South Carolina School of Law

Speakers:

Carol Necole Brown, Professor of Law, University of Richmond School of Law
James L. Huffman, Professor and Dean Emeritus, Lewis and Clark Northwestern School of Law
Timothy M. Mulvaney, Professor of Law, Texas A&M University School of Law

 
10:3011 AM
COFFEE BREAK

 

11 AM12:30 PM
PANEL III: COASTAL MANAGEMENT AFTER LUCAS

The third panel on coastal management will examine essential components of successful strategies to manage coastal land. Additionally, the panelists will compare national coastal management practices to southeastern practices. Law professors will also discuss why certain management practices lead to more litigation and require heavier government enforcement.

Moderator:

F. Patrick Hubbard, Ronald L. Motley Distinguished Professor Emeritus of Tort Litigation, University of South Carolina School of Law

Speakers:

Josh Eagle, Solomon Blatt Professor of Law, University of South Carolina School of Law
Michael Allan Wolf, Professor of Law, Richard E. Nelson Chair in Local Government Law, Levin College of Law, University of Florida

 
12:452:15 PM
LUNCHEON
Introduction:

Steven J. Eagle, Professor of Law, Antonin Scalia Law School, George Mason University

Speaker:

J. Peter Byrne, John Hampton Baumgartner, Jr. Professor of Real Property Law, Georgetown University Law Center, Georgetown University

 
2:304 PM
PANEL IV: PUBLIC POLICY PANEL

Our Public Policy panelists will discuss the aftermath Lucas in terms of: policy changes in national land use planning, government efforts to protect state resources, and insurance regulation for coastal areas. Additionally, the policy discussion will aim to address the critical components for successful coastal management regulation and why some policies fall short.

Moderator:

Josh Eagle, Solomon Blatt Professor of Law, University of South Carolina School of Law

Speakers:

Steven J. Eagle, Professor of Law, Antonin Scalia Law School, George Mason University
Alexandra B. Klass, Distinguished McKnight University Professor, University of Minnesota Law School
Adam Scales, Professor of Law, Rutgers University — Camden Law School

 

 

Saturday, November 4

The final day of the symposium is an optional Field Trip to Wild Dunes in Charleston to visit the property at the center of Lucas and other nearby locations that provide interesting examples of legal issues associated with coastal development.