Environmental Justice Committee

Results of the Second Annual ABA Environmental Justice Essay Competition
Sponsored by the Section of Individual Rights & Responsibilities
Co-sponsored by the Section of Environment, Energy & Resources

The American Bar Association is pleased to announce, during National Native American Heritage Month, the winners of the Second Annual ABA Environmental Justice Essay Competition. The ABA challenged students to explain how the Federal Government can protect Native American religious and cultural sites located on federally managed lands while maintaining the integrity of the First Amendment constitutional line that separates church and state. With growing population pressures, increased interest in outdoor recreation, and continued natural resource development, the ABA asked, "How should sacred lands on federal lands be protected in light of the Bear Lodge Multiple Use Association v. Babbitt?"

A panel of six expert practitioners and professors of law selected the winning essays from among the excellent submissions. The judges described the first place essay, Prioritizing Multiple Uses on Public Lands after Bear Lodge, written by Erik Bluemel, as "scholarly," and "pointing toward genuine solutions." Mr. Bluemel suggests that Federal land managers act well within their authority and in accord with the Constitution if the cultural-as opposed to religious- value of the resource is the focus of the protection.

As part of the first place prize, Boston College Environmental Affairs Law Review will publish Mr. Bluemel's thirty-page, 184 footnote, article in Spring 2004. Mr. Bluemel, who was graduated from New York University School of Law in 2004, will also receive a check for $1000.00.

In a tie for second and third place, the judges noted that the essay written by Gillian K. Bearns, of the Western New England School of Law, demonstrated "originality," in addition to "excellent use of primary and secondary materials." And, Sarah Wheelock, who graduated from the University of Iowa School of Law in 2004, wrote an essay that was recognized for its "clarity of thought and depth of research." Both the Ms. Wheelock and Ms. Bearns will receive $500.00 and have their articles published on the Environmental Justice Committee's website at http://www.abanet.org/irr/committees/environmental/home.html.

The Committee is grateful to the judges who gave of their time and provided considered comments: Elizabeth A. Bell, Holland & Knight LLP; Professor Eileen Gauna, Southerwestern University School of Law; Barry E. Hill, Esq., Director, Office of Environmental Justice, USEPA; Professor Zygmund Plater, Boston College School of Law; Jack Trope, Esq., Executive Director, Association on American Indian Affairs; and Jon Witten, The Witten Law Firm. The Committee is also grateful for the generous financial contributions of Beveridge & Diamond, P.C., Committee-Vice Chair, Benjamin Wilson, and Steven Herman, both Partners at Beveridge & Diamond, P.C.

First Place - Erik Bluemel, Prioritizing Multiple Uses on Public Lands after Bear Lodge

Second/Third Place tie - Gillian K. Bearns and Sarah Wheelock