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Tag: Emmett Environmental Law & Policy Clinic (page 1 of 2)

Clinic Files Amicus Brief in the D.C. Circuit in Support of Mercury and Air Toxics Rule

Via Emmett Environmental Law and Policy Clinic

On January 25, 2017, the Clinic filed an amicus brief in the U.S. Court of Appeals for the D.C. Circuit in Murray Energy Corporation, et al. v. United States Environmental Protection Agency, et al. on behalf of Elsie M. Sunderland and eight other scientists in the latest round of the Mercury and Air Toxics Rule litigation. This case involves challenges to the Environmental Protection Agency’s regulations limiting emissions of mercury and other hazardous air pollutants from power plants. After the Supreme Court remanded the Rule to EPA in Michigan v. EPA, 135 S. Ct. 2699 (2015), EPA completed a supplemental consideration of the costs associated with the regulation. In this brief, the Clinic argued that 1) mercury is a dangerous toxic metal and that power plants are the largest domestic source of mercury emissions; and 2) that the scientific literature confirms EPA’s conclusion that there are significant benefits to regulating power plant mercury emissions.

Clinic student Joshua Lee (JD’18) wrote the brief with Senior Clinical Instructor Shaun Goho.

Harvard strengthens ‘living laboratory’ to help mitigate climate impact

Via HLS News

Wendy Jacobs, clinical professor and director of Harvard Law School’s Emmett Environmental Law and Policy Clinic, will lead the Living Lab Course and Research Project
2016_03_10_living_lab__graphic_605x403

Credit: Graphic by Judy Blomquist/Harvard Staff

Healthy buildings and clean air keep people healthy.

That simple premise is driving a series of studies being conducted by Harvard researchers, some of which have gathered insights from University dorms and office buildings. It is part of a multiyear partnership between the Office for Sustainability and the T.H. Chan School of Public Health’s Center for Health and the Global Environment to usecampus spaces to inform public health research and apply the findings in capital projects and renovations.

This partnership and another involving faculty and students working to reduce greenhouse gas emissions are being hailed as models for the type of collaborative work that the University wants to stimulate as it launches a reinvigorated “campus as a living laboratory” initiative. The effort will support projects that use the campus as a test site for developing solutions that enhance well-being and mitigate climate impact, or help neighboring communities tackle these problems. The outcomes will be specifically designed for sharing at local, regional, and global levels.

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Clinic’s Shaun Goho Authors Paper on the Legal Implications of Report-Back in Household Exposure Studies

Via Emmett Environmental Law and Policy Clinic

Staff Attorney Shaun Goho recently authored a paper that was accepted for publication in the peer-reviewed journal Environmental Health Perspectives entitled The Legal Implications of Report-Back in Household Exposure Studies.

In a household exposure study, researchers sample the air or dust in a home and analyze those samples to determine the presence and concentration of different chemicals. It is common in such studies to notify the owners or occupants of those homes about the results of the analysis of the samples taken from their homes—a process known as report-back. Because report-back in household exposure studies provides information about the presence of potentially-harmful chemicals inside a home, it is possible that the receipt of such results will create legal duties for the study participants.

This paper is the first study to systemically examine the potential legal implications of report-back in household exposure studies. After reviewing federal and state hazardous waste laws, real estate transfer laws, landlord/tenant laws, and premises liability tort laws, Goho concludes that in most circumstances, study participants will not have any legal duties to disclose their individual study results to other people or government agencies. In the rare circumstances when such a duty will arise, it is usually when the identified chemical is one that could be harmful to the occupants of the home—meaning that the study participants are still better off learning their individual results, even if a legal disclosure duty might therefore arise.

Goho recommends that researchers should continue to share the results of household exposure studies with participants, but that they should disclose these legal risks through the informed the consent process. The paper includes recommended language for informed consent forms.

This paper results from a multi-year collaboration between the Clinic and the Silent Spring Institute.

Click here to view the abstract and review the advance publication on the Environmental Health Perspectives website.

From Practicing Corporate Law to Making the Case for Dolphins: Alice Lee’s journey

Via HLS News

Alice Lee LL.M. ’16

Credit: Lorin Granger/HLS Staff Photographer
Alice Lee LL.M. ’16

As Alice Lee LL.M. ’16 talks about her decision to pursue an LL.M. degree in the United States, she breaks into a smile. “I love animals and wildlife. I just feel something for them.” After two years practicing corporate law in Taiwan following her undergraduate dual degrees in law and biology, she decided that it was time to finally pursue her dream: work to protect animals and the environment.

As the daughter of two Harvard postdocs in biochemistry, Lee was born just across the river from HLS in the Longwood area of Boston, but grew up in Taiwan. “At every point in my schooling, my parents said, ‘What about going to the U.S.?’ After junior high, after high school, after college, and then finally I realized it was time.”

In 2012, while awaiting her Taiwan bar exam results, Lee embarked on her first formal role in environmental protection. She donned her Greenpeace outfit, and armed with her clipboard, she approached passersby on the street with petitions and a plea for donations. To her surprise, it was quite rewarding. “It’s fun. You see who you’re sharing the planet with, and these people, collectively, have the power to shape the political debate. It’s good to know what they’re thinking and why they do or don’t have a lot of concern for the environment. Even if they don’t want to become a supporter, it’s always good talking with them,” recalls Lee.

At HLS, Lee participated in the Environmental Law and Policy Clinic; enrolled in Environmental Law with Professor Jody Freeman, Wildlife Law with Lecturer on Law Jonathan Lovvorn, and the Supreme Court and Environmental Law seminar with Professor Richard Lazarus; and also audited Animal Law with Professor Kristen Stilt.

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Harvard Law School Group Pushes Virtual Power Plants in Massachusetts

Via Microgrid Knowledge 

virtual power plantA Harvard Law School group is urging Massachusetts regulators to test virtual power plants – possibly as part of microgrids – as the state moves to modernize its electric grid.

The school’s Emmett Environmental Law and Policy Clinic raised the idea of utilities demonstrating virtual power plants in comments filed last week before the Massachusetts Department of Public Utilities. The DPU is reviewing grid modernization plans proposed last year by its investor-owned utilities.

Akin to microgrids, virtual power plants are a collection of intelligently controlled distributed energy resources that can act like a single power plant in relation to the grid and energy markets. They often serve a group of customers that are either identified by a utility or aggregated by a private entity.

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Hunting polluting gases around Boston

Climate fund grant supports efforts to track sources of mysterious leaks

Via Harvard Gazette

Video thumbnail for Wofsy-UrbanLab-FINAL

Harvard students, faculty, and fellows are training new high-tech instruments on Boston’s skies, searching for one well-known troublemaker and one escapee among the atmosphere’s invisible gases.

The old troublemaker is carbon dioxide, the greenhouse gas released by burning fossil fuels that long has been known as the main cause of climate change. The escapee is methane, an even more powerful emission that is the main component of the natural gas burned in home furnaces and in the electricity-generating power plants that are shouldering aside coal-fired plants across the country.

Though both are fossil fuels, burning natural gas is better than burning coal when it comes to the environment, because natural gas releases half as much carbon dioxide for an equal amount of energy generated. In addition, it is far cleaner than other pollutants in its burning, including in the fine particles that can cause health problems.

Unburned natural gas, however, is another story.

Methane is a far more powerful greenhouse gas than carbon dioxide and, if it escapes into the atmosphere unburned, can trap between 15 and 100 times more solar radiation than carbon dioxide can. Understanding how methane gets into the atmosphere from both natural and manmade sources has become an important focus of climate research.

Steven Wofsy, Harvard’s Abbott Lawrence Rotch Professor of Atmospheric and Environmental Science, said it’s pretty clear that a significant amount of unburned natural gas is escaping in the Boston region. He is leading a project to find the source of the leak or leaks and, in collaboration with faculty and students from Harvard Law School, seeking to design technical, legal, or regulatory solutions to reduce the emissions. …

The project is being conducted in collaboration with Hutyra and Wendy Jacobs, clinical professor of law and director of the Emmett Environmental Law and Policy Clinic at Harvard Law School.

Jacobs said the interdisciplinary nature of the project is key, and the goal is not just to use science to illuminate the problem of methane and carbon dioxide emissions in the city, but to design laws and regulations to address the problem.

“Laws, regulations, and public policy will not be effective unless informed by reliable science and data. Reliable science and data can effectively be deployed to solve a problem when integrated into new technologies, laws, regulations, and public policies,” Jacobs said. “The collaboration of our distinct disciplines is more powerful than either discipline alone.”

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Expanding my Horizons through the Environmental Law Clinic

By Cade Carmichael, J.D. ’17

I must admit that during the 1L clinical registration period, I was a bit worried about transitioning into the “life” of a clinical student. Sure, I had put many hours into my Student Practice Organization work as a 1L, but being a clinical student seemed a bit daunting. That said, I knew that I wanted to register for a clinic, specifically the Emmett Environmental Law and Policy Clinic (ELPC). Of course, it wasn’t until I got started with ELPC that my 1L fears were put to rest.

Cade Carmichael, J.D. '17

Cade Carmichael, J.D. ’17

For starters, despite wanting to be involved with the clinic, I had no background in environmental law – at least not in comparison to many of my peers. Turns out, this wasn’t a problem in the least, and my guess is that “lacking a background” isn’t a barrier to many of HLS’ clinics, precisely because they are here to give us substantive experience and to improve as lawyers. In the case of ELPC, there was a conscious effort on the part of the clinic to get me involved even before the semester had started! Through early discussions with clinic supervisors, I found a real opportunity to craft the kind of clinical experience I had hoped to have.

Since I started, I have dealt with wonderful projects that I never would have expected, including everything from a petition to the Office of Management and Budget at the White House designed to reduce CO2 emissions from university research laboratories, to researching questions of whether synthetic rhinoceros horn is “derived” from a real animal product, to analyzing applications of the “Rights of Nature” section of the Ecuadorian constitution, to revising decades old noise ordinances in order to bring them into the 21st century. These and other projects have entailed duties ranging from direct client interaction, to more high-level regulatory research, which is precisely what has made my time with the clinic so enjoyable: every project is a unique experience. In turn, I’ve not only improved my skills in areas that might be expected, such as writing memos, but I’ve also had a chance to explore completely new areas such as writing portions of a suggested regulatory amendment and digesting a flurry of ideas coming from a room full of motivated clients.

When looking back at these past two semesters with ELPC, I realize that they have been the most interesting and engaging portion of my law school experience thus far. So if I had one piece of advice for anyone considering a clinic, it would be to go for it, as your horizons will certainly expand as a result!

Clinic and Environmental Defense Fund (EDF) Release Fisheries Co-Management Paper

Via Environmental Law and Policy Clinic

Fisheries Co-Management in the United States: Incentives, Not Legal Changes, KeyThe Emmett Environmental Law & Policy Clinic, in collaboration with Environmental Defense Fund (EDF), released a new report entitled Fisheries Co-Management in the United States: Incentives, Not Legal Changes, Key, which finds that legal or regulatory barriers to the co-management of fisheries are largely non-existent or easily navigated where stakeholder support exists. Co-management is a process in which both regulators and stakeholders share responsibility for managing a fishery. It can result in more sustainable fisheries by providing participants in the fishery with a stake in its long-term health and by reducing antagonisms between regulators and participants. It can also lead to better informed and more flexible management. The paper reviews the Magnuson-Stevens Fishery Conservation and Management Act as well as other federal laws and regulations to identify whether they could pose problems for co-management of fisheries, concluding that these laws present no serious barriers. Building on a comparative analysis of fisheries in New Zealand and Canada, the paper shows that co-management develops when stakeholders are encouraged to participate through a bottom-up process.

Clinic student Lucia Bizikova contributed to the research, analysis, and preparation of this paper under the supervision of Senior Clinical Instructor Shaun Goho.

Clinic’s Jacobs, Goho Co-Author Commentary on Health Benefits of Mercury Regulation

Via Emmett Environmental Law and Policy Clinic

Clinic Director Wendy Jacobs and Staff Attorney Shaun Goho recently co-authored a perspective commentary with faculty from several universities and departments, including Harvard’s School of Engineering and Applied Sciences (SEAS) and Syracuse University’s College of Engineering and Computer Science, on how the benefits associated with mercury emissions reductions outweigh the costs to industry. The commentary draws three conclusions: 1) the societal benefits of implementing Mercury Air Toxics Standards are much larger than estimated; 2) the unquantified benefits to human health and wildlife are substantial; and 3) the EPA underestimated the benefits of mercury reduction from coal-fired power plants.

Read the news article from Harvard SEAS on the commentary.

Read the commentary from the Clinic’s Publications page.

Harvard law clinic joins Albany County in oil train challenge

Via timesunion

Lawyers and students from Harvard Law School will help Albany County make its case in a lawsuit that claims a new federal rules on oil train safety are not strict enough, County Executive Daniel McCoy said Thursday.

The school’s Emmett Environmental Law and Policy Clinic will help the county draft its argument to the U.S. Circuit Court of Appeals in Washington, D.C., in support of a lawsuit brought against the U.S. Transportation Department this fall by a coalition of environmental groups.

“This is an extremely positive development for the county and our case against the DOT,” said McCoy. “By working with Harvard Law School, we will be able to have access to the highest legal analysis on this important environmental issue with no legal costs to our taxpayers for this service.”

This the first time the clinic has joined in national litigation over crude oil train issues, said Shaun Goho, a professor who is senior clinical instructor. The number of such trains has risen dramatically since 2013 due to the hydrofracking boom in the Bakken fields of North Dakota.

“So far, we are assisting only Albany County, but we could become involved later with other local governments,” Goho said.

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Clinic Submits Comments on Proposed Regulations for Offshore Drilling in the Arctic

Via Emmett Environmental Law and Policy Clinic 

The Emmett Environmental Law & Policy Clinic submitted comments today on the Department of the Interior’s (“DOI”) proposed regulations for offshore exploratory oil drilling in the Arctic.  The Emmett Clinic supported the agency’s proposals to require that operators maintain a secondary drill rig in the Arctic to respond to potential losses of well control and that operators have prompt access to, and immediately deploy, source control and containment equipment in the event of an oil spill.

The Clinic also identified areas in which the proposal could be improved.  In particular, the Clinic criticized DOI’s reliance on a performance-based standard for the secondary drill rig requirement.  The Clinic proposed that the regulations should instead mandate that a relief rig always be available within a minimum distance from the drill site, while still including a performance-based standard as a backstop.  In addition, the Clinic suggested several ways that the regulations could be changed to improve public access to information and provide better opportunities for public participation in the regulatory process.

The comments were part of the Emmett Clinic’s on-going focus on the impacts of offshore drilling, especially in the Arctic.  Previous Emmett Clinic offshore drilling work is available here.

Clinic student James Zhu, JD ’16, took the leading role in drafting the comments.  Abhishek Banerjee-Shukla, JD ’15, and Pradeep Singh, LLM ’15 also contributed to them.  The students worked under the supervision of Clinic Director Wendy Jacobs and Senior Clinical Instructor Shaun Goho.

Two Win 2015 Exemplary Clinical Student Award

Harvard Law School’s Office of Clinical and Pro Bono Programs recognizes two graduating students who exemplify putting theory into practice through clinical work. The honorees are Seth Hoedl ’15 and Seth Packrone ’15. They have demonstrated excellence in representing individual clients and undertaking advocacy or policy reform projects. In addition, both students are recognized for demonstrating thoughtfulness and compassion in their practice and for contributing to the clinical community at HLS in a meaningful way.

Seth Hoedl, J.D. ’15

Seth Hoedl (Clinical Award)

Credit: Lorin Granger

As a student in the Emmett Environmental Law and Policy Clinic, Seth Hoedl demonstrated exceptional skills and experience in tackling significant environmental problems. During his four semesters in the clinic, he examined whether a European nation was in violation of the Espoo Convention, developed a legal strategy to help the City of Boston provide energy resilience to its residents through microgrids, and identified new ways that universities and others can decrease and offset their greenhouse gas emissions.

“In each project, Seth demonstrated a level of commitment, initiative, and ability far beyond a typical law student,” said Clinical Professor of Law Wendy Jacobs. “Seth has also contributed to the clinic through his self-reflection and team spirit. In particular, his self-assessments have always been thoughtful and considered. Both through these and through other conversations, Seth has suggested concrete ways that we can improve the clinic and the learning experience for all students.”

“I am originally trained as a physicist and I came to law school to bridge divides between scientists, engineers, lawyers and policymakers with regards to energy and climate change,” said Seth. The clinic enabled me to start building these bridges and help both engineers and lawyers overcome real world challenges before I even graduated. It far exceeded my expectations.”

Seth Packrone, J.D. ’15 

Seth Packrone (Clinical Award)

Credit: Lorin Granger

Seth Packrone spent several semesters in the Clinical and Pro Bono Programs working with the Child Advocacy Clinic, Criminal Justice Institute (CJI), Education Law Clinic, and Mississippi Delta Project. “Seth is the rare combination of hard work, integrity and compassion,” said Clinical Professor of Law Dehlia Umunna who supervised him in the Criminal Justice Institute.

Seth joined CJI in the fall of 2014 and worked on a variety of cases in juvenile and adult court. He represented several clients, including a 55 year old man with mental health and substance abuse issues. Seth visited this client at the jail, arranged for social services to aid with his transition back into the community, and successfully resolved all of his cases.

“Seth has received glowing compliments from judges, prosecutors, other defense counsel and his colleagues,” said Dehlia. “In addition to the brilliant job he did on his cases, he is a kind, helpful member of the clinical community. He is always eager to assist his colleagues with investigating, brainstorming, trial preparation and research. Although he had one of the highest case loads, he never murmured or complained. Seth represents the very best of what a clinical student should be.”

“My clinical work has been the most meaningful part of my time at HLS. I will always be thankful for my experiences working with such incredible clients, students, faculty, and staff and everything they taught me about the important work that public interest lawyers do,” said Seth. “I am truly honored by this award.”

Clinic Files Amicus Brief in the U.S. Supreme Court in State of Michigan v. Environmental Protection Agency

Via the Emmett Environmental Law and Policy Clinic 

On March 4, 2015, the Clinic filed an amicus brief in the U.S. Supreme Court on behalf of the Union of Concerned Scientists in State of Michigan, et al. v. Environmental Protection Agency, et al. (U.S. 14-46 and consolidated cases). This case involves challenges to the Environmental Protection Agency’s regulations limiting emissions of mercury and other hazardous air pollutants (HAPs) from power plants. In its brief, the Clinic argued that Congress, in directing EPA to regulate power plant HAP emissions if “appropriate and necessary,” intended that the agency make a decision based on a scientific analysis of the public health impacts of the industry’s emissions, and that cost would be factored in later when setting the regulatory standards.

Clinic student James Zhu (J.D.’16) wrote the brief with Clinic Director Wendy Jacobs and Senior Clinical Instructor Shaun Goho.

 

Emmett Environmental Law and Policy Clinic Releases New Offshore Drilling White Paper

emmettVia the Emmett Environmental Law and Policy Clinic 

Just ahead of the New England blizzard, the Emmett Environmental Law & Policy Clinic has released two new documents, building on its pioneering legal analysis of offshore drilling regulation in the Arctic and other U.S. waters.

Clinic comments on the Bureau of Ocean Energy Management’s draft Environmental Impact Statement for an oil and gas lease sale in the Chukchi Sea.  The comments focused on BOEM’s analysis of the impacts of a Very Large Oil Spill, particularly (1) the assumption that operators could stop an end-of-season spill during an Arctic winter and (2) shortcomings in the analysis of impacts of oil spill dispersants on wildlife and indigenous communities.

The latest in a series of Clinic offshore drilling white papers, Offshore Drilling: Coordinating and Improving Access to Information.  This paper recommends improvements to the Department of the Interior’s mechanisms for facilitating public access to, and inter-agency sharing of, information from companies engaged in offshore drilling.

Other Emmett Clinic papers on offshore drilling include Suggested Indicators of Environmentally Responsible Performance of Offshore Oil and Gas Companies Proposing to Drill in the U.S. Arctic and Recommendations for Improved Oversight of Offshore Drilling Based on a Review of 40 Regulatory Regimes.  The Clinic also submitted comments on a federal Draft Safety Culture Policy Statement for Offshore Drilling.  Some Clinic students have traveled to Washington, DC, to present their work to officials at the Department of Interior and to legislative staff on Capitol Hill.

The Emmett Environmental Law & Policy Clinic gives students the opportunity to do real legal work on today’s most pressing energy and environmental issues.  The Clinic is part of the Harvard Environmental Law Program, working alongside Harvard’s world-class environmental law faculty and the Harvard Environmental Policy Initiative.

Environmental Policy Initiative Submits Comments on EPA Clean Power Plan

HLSVia the Environmental Law and Policy Clinic 

On November 5, 2014, the HLS Environmental Policy Initiative submitted comments on EPA’s Clean Power Plan, which proposes to regulate greenhouse gas emissions from existing stationary sources for the first time in U.S. history. The comments are in the form of an Energy Efficiency Evaluation Tool, which states and stakeholders can use to determine whether energy efficiency (EE) programs can be included in their emission reduction plans. The Evaluation Tool contains a series of questions that guide the evaluation of EE programs, organized around four attributes of Clean Air Act compliant emission reduction credits: quantifiable, enforceable, permanent, and non-duplicative. The Tool also integrates past EPA guidance and summarizes EE programs that have received past EPA approval to provide additional clarity to stakeholders. Finally, the Tool provides concrete suggestions for EPA to consider prior to finalizing the Clean Power Plan.

In its cover letter, the Environmental Policy Initiative expresses support for EPA’s plan, and in particular praises the flexibility offered to individual states in allowing them to achieve compliance through end-use energy efficiency programs.

Clinic Submits Comments on Proposed Rulemaking Regarding Oil Spill Response Planning by Railroads

Via the Emmett Environmental Law & Policy Clinic 

The Emmett Environmental Law & Policy Clinic, in collaboration with Earthjustice, the Sierra Club, ForestEthics, and Oil Change International, submitted comments today on an Advanced Notice of Proposed Rulemaking issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the U.S. Department of Transportation (DOT) on potential revisions to its rules establishing the threshold for comprehensive oil spill response planning (OSRPs) by railroads carrying crude oil.

In the comments, the Clinic and other organizations urge the PHMSA to : 1) require the preparation of comprehensive OSRPs for all trains carrying crude oil; 2) provide greater specificity regarding requirements for comprehensive OSRPs; and 3) mandate that comprehensive OSRPs be provided to state, tribal, and local emergency response commissions and committees as well as the general public.

Clinic student Justin Lu (JD’16) worked on the comments with Senior Clinical Instructor and Staff Attorney, Shaun A. Goho.

Clinic Releases Report on Microgrids in Massachusetts

1Via the Emmett Environmental Law & Policy Clinic 

The Emmett Environmental Law & Policy Clinic released a new report today, Massachusetts Microgrids: Overcoming Legal Obstacles, which summarizes the conclusions of the Clinic’s research into legal constraints on the ownership structure of microgrids in Massachusetts. The Clinic undertook this work at the behest of the City of Boston, to help promote the development of microgrids in the City and elsewhere in the Commonwealth.

A microgrid is a spatially defined area in which the heat, electricity, and sometimes cooling distribution systems are coordinated. The City of Boston wants to enable the creation and use of multi-user microgrids, due to their potential as a climate change adaptation measure. Combined with renewable sources of energy, microgrids can provide significant efficiency and greenhouse gas emission reduction benefits. In addition, microgrids can increase the resilience of a community to storms and other disruptions by having the ability to operate independently of the macrogrid (larger electrical grid), thus enabling the microgrid to continue to provide heat and electricity to critical functions.

Clinic student Seth A. Hoedl, Ph.D, JD’15, took the lead on the research and analysis for this project and preparation of this report. In addition, Seth presented preliminary findings at two workshops organized by the Massachusetts Clean Energy Center and the Pace Energy and Climate Center earlier this year. Seth’s work on this project was supervised by Clinic Director Wendy B. Jacobs and Senior Clinical Instructor Shaun A. Goho.

T.A. Barron Fellows Reflect On Their Work With the Environmental Law and Policy Clinic

This summer, the Environmental Law Program announced its 2014 T.A. Barron Fellows, all of whom ventured out to different cities across the United States to work on environmental issues involving advocacy, litigation, and legal research. In addition to their passion for environmental justice, the T.A. Barron Fellows also discussed the Emmett Environmental Law and Policy Clinic. You can read their comments below.

Cecilia Segal, J.D. '15

Cecilia Segal, J.D. ’15

Cecilia Segal, J.D. ’15 

“The clinic was a great experience for me. I had an offsite placement with the Clean Air Task Force in Boston. It gave me the opportunity to participate in huge developments in environmental law as it was happening. The projects I worked on were so relevant and fascinating; I helped prepare comments on EPA’s new power plant rules, and also provided research for the environmentalists’ brief in the UARG case, which was recently decided by the Supreme Court. Both projects gave me invaluable hands on experience and exposure to environmental lawyers, litigation, and policy work. The whole experience really solidified my goal of pursuing environmental law as a career.”

Seth Hoedl, J.D. '15

Seth Hoedl, J.D. ’15

Seth Hoedl, J.D. ’15 

“The Environmental Law Clinic has been a fantastic experience that has greatly enriched my time at HLS. I learn just as much, if not more, in the clinic than in formal classes and I feel that my work in the clinic has had just as much, if not more, impact on real-world issues as my summer positions. The clinic staff makes a real effort to match each student with projects that fit their interests. For me, it has become a true home at HLS and I look forward to continuing to work with the clinic during my 3L year. “

Sean Lyness, J.D. '15

Sean Lyness, J.D. ’15

Sean Lyness, J.D. ’15

“The Environmental Law and Policy Clinic has provided me with the support to seek out opportunities based on how passionate I am about them, not how lucrative they are. Some of the best, most important legal work out there does not come with a summer paycheck. The clinic has allowed me to pursue that work and thrive while doing it.” 

Samantha Caravello, J.D. '15

Samantha Caravello, J.D. ’15

Samantha Caravello,
J.D. ’15 

“The Environmental Law and Policy Clinic helped me secure an externship placement with a nonprofit organization defending EPA’s greenhouse gas rules before the Supreme Court. I was able to work on what I feel is the defining issue of my generation while learning from some of the country’s most talented environmental attorneys, an experience for which I am very grateful.” 

Read more about the fellows and their work through the fellowship here.

Clinic Students Visit Historic Dam They Seek to Protect

Emmett Environmental Law and Policy Clinic students visit dam

Emmett Environmental Law and Policy Clinic students visit dam

Via the Emmett Environmental Law and Policy Clinic

Clinic students Sarah Peterson (JD ’15) and Albert Teng (JD ’15) started their academic year seeing the real world impact of their work. First, they attended oral arguments in the case of United States Department of the Interior v. Federal Energy Regulatory Commission before the First Circuit Court of Appeals (No. 13-2439). Second, the Clinic team traveled to Lowell, Massachusetts to visit the dam that was the subject of the case.Last semester, working with Clinic Director Wendy Jacobs and Clinical Instructor Aladdine Joroff, Sarah and Albert submitted an amicus brief in the case on behalf of nonprofit organizations regarding historic preservation issues relating to a Federal Energy Regulatory Commission (FERC) decision to amend the license for a hydroelectric project that impacts the Pawtucket Dam in the Lowell National Historical Park. Lowell’s history as the first large-scale planned industrial city in the United States, powered by its hydropower system, is protected by the Lowell National Historical Park Act (the “Lowell Act”). In its brief, the Clinic argued that the project approved by FERC would adversely affect the Pawtucket Dam, a historic resource of the Park, in a manner that contravenes the Lowell Act’s prohibition of adverse effects on the Park’s resources.

Clinic student Albert Teng said that “working on the National Trust for Historic Preservation’s amicus brief for the Pawtucket Dam case was one of the best practical experiences of [his] legal education at Harvard.”

“The work involved was challenging yet also rewarding. We were called upon to synthesize and master a complex administrative record while also determining the relevant administrative law. We then translated these findings into an amicus brief for the First Circuit. The process of writing an amicus brief was different from my other legal writing experiences. The role of amici is to educate the court and I learned to adjust my writing tone to reflect that role. Throughout the process, we had tremendous support from our clinical supervisor, Aladdine Joroff; clinical director, Wendy Jacobs; and our client, the National Trust.”

Green Infrastructure (GI) Certification Report Released by Clinic and Policy Initiative

CaptureThe Emmett Environmental Law & Policy Clinic and the Environmental Policy Initiative released a new report, Certifications for Green Infrastructure Professionals – The Current State, Recommended Best Practices, and What Governments Can Do to Help.  The report surveys the current state of Green Infrastructure (GI) professional certification programs, discusses obstacles to the development of widely accepted certifications, recommends best practices for certification program design, and suggests measures that governments can take to promote certification programs. The report was written for various GI stakeholders, including regulators, certifying bodies, customers (e.g., municipalities and private property owners), employers and contractors, and community development and environmental groups.

This report is part of the Clinic and Policy Initiative’s ongoing green infrastructure pilot partnership with EPA, and was authored by Clinic Director Wendy B. Jacobs and Policy Initiative Director Kate Konschnik, with significant contributions from clinic student Ryland Li, JD’15.

Environmental Law and Policy Clinic Releases Newly Revised Edition of Fracking Guide

Capture6Via the Emmett Environmental Law and Policy Clinic 

The Clinic released a newly revised edition of their fracking guide today, entitled A Landowner’s Guide to Hydraulic Fracturing: Addressing Environmental and Health Issues in Oil and Gas Leases (Revised Edition, July 2014). This expanded version of the guide builds upon the previous edition. In particular, it is aimed at landowners across the country and contains information relevant for property owners who are considering whether to sign a lease to allow either oil or gas extraction by hydraulic fracturing, including proposed lease language. The guide was prepared and revised by Clinic students, including Joshua Herlands (JD’12), Humu-Annie Seini (LLM’11), Zachary Kearns (JD’14), Sarah Peterson (JD’15), and Albert Teng (JD’15), together with the Clinic’s lawyers Shaun Goho, Wendy Jacobs, and Aladdine Joroff.

The Clinic and Policy Initiative Announce New Report on Regional and Municipal Stormwater Management

Via the Emmett Environmental Law & Policy Clinic

The Emmett Environmental Law & Policy Clinic and the Environmental Policy Initiative released a new report, Regional and Municipal Stormwater Management: A Comprehensive Approach. This report analyzes options for addressing stormwater pollution at both the regional and municipal level, encourages the adoption of green infrastructure by municipalities as a stormwater pollution reduction strategy, and recommends that municipalities consider participating in a regional program as a comprehensive and cost-effective way to address stormwater pollution.

This report is part of the Clinic and Policy Initiative’s ongoing green infrastructure pilot partnership with EPA, and was authored by Clinic Director Wendy B. Jacobs and Policy Initiative Director Kate Konschnik. The following students also contributed to the report: Dakotah Burns, JD’15; Tsuki Hoshijima, JD’15; Carl Lisberger, JD’14; Sean Lyness, JD’15; and Chrystel Marincich, JD’15.

All Ford Fellows Participated in Clinical Education

Last month, three graduating students, Samuel Weiss ’14, Catherine B. Cooper ’14, and David Baake ’14, received Ford Foundation Law School Public Interest Fellowships. The fellowship is designed to identify and help develop new leaders in social justice. All three students participated in the Clinical and Pro Bono Programs. Here is what they had to say about their experiences:

Catherine B. Cooper ’14

Catherine B. Cooper ’14

“My clinical experience at HLS was instrumental in preparing me to be a Ford Fellow at the Center for Reproductive Rights. Through the International Human Rights Clinic, I gained skills in litigation, documentation, and human rights advocacy that are essential for both my fellowship and long-term career.  But I am particularly grateful for the incredible people I have had the opportunity to work with.  Through the International Human Rights Clinic, the Harvard Immigration and Refugee Clinic, and Harvard Immigration Project, I found brilliant mentors who were both inspiring and challenging and a community of public interest students who were mutually supportive and extremely dedicated to clinical work.”

Catherine will serve as a legal fellow at the Center for Reproductive Rights. She will be advocating for reproductive freedom both domestically and globally.

David Baake ’14

David Baake ’14

David Baake, who participated in the Emmett Environmental Law and Policy Clinic said “My experience… was one of the highlights of my time in law school. I was able to work on a variety of interesting and important projects, including a memorandum for a Massachusetts state representative, a Supreme Court amicus brief, and a white paper on offshore drilling. These experiences allowed me to develop practical skills that were not emphasized in other aspects of the law school curriculum. They also allowed me to develop a relationship with Professor Jacobs, who has been an excellent teacher and mentor.”

David will be working as a legal fellow in the Natural Resources Defense Council’s Climate Center in Washington, D.C. He will be supporting the Obama Administration’s Climate Action Plan through advocacy and litigation.

Samuel Weiss ’14

Samuel Weiss ’14

Samuel participated in the Capital Punishment Clinic and the Crimmigration Clinic. “While the idea of focusing immigration enforcement on folks with criminal convictions has intuitive appeal, in the Crimmigration Clinic we got to see how often good people faced devastating consequences for trivial crimes,” he said. “The statutes most relevant to crimmigration are extremely punitive, especially to people with drug convictions, and often suck discretion out of the system so that immigration judges are left to rubber stamp removal orders. The poor drafting of these statutes makes them confusing but also means that there is room for advocates to be creative in trying to win their clients’ relief. The fact that immigrants facing deportation have no right to counsel creates a huge opportunity for students to help folks navigate an incredibly complex and punitive system. As an experienced practitioner in exactly these types of cases, Phil Torrey was able to closely mentor us as we tried to help folks find some avenue for relief.”

Samuel will work as a legal fellow at the American Civil Liberties Union’s Center for Justice, in Washington, D.C. During his fellowship he will seek to end the use of prolonged solitary confinement through class-action litigation and policy advocacy.

Please read more about the students in the HLS News article Three from HLS named Ford Fellows; Harris is keynote speaker

 

Environmental Law and Policy Clinic Takes on Climate Change Issues

Credit: Asia Kepka
Clinical Professor Wendy Jacobs ’81

Via HLS News
From A Q&A with with Professor Jody Freeman, Director of Environmental Law and Policy Program 

What are some of the more innovative projects on climate change that students are working on now?

The practical, hands-on work our students get to do on issues related to climate change is really unparalleled. Led by Wendy B. Jacobs ’81 (Clinical Professor of Law and Director of the ELP’s Emmett Environmental Law and Policy Clinic), and supported by our two terrific staff attorneys, Clinical Instructor Shaun Goho and Aladdine Joroff, our clinical students have for several years advised the city of Boston about options for preparing to manage the impacts of climate change, and last year, drafted regulations to implement one of the city’s climate change mitigation measures, the Building Energy Reporting and Disclosure Ordinance. In 2012, the Clinic advised a major national environmental group on reducing methane emissions from a natural gas fracking operation in the Bakken shale in North Dakota. This year, the Clinic filed an amicus brief in the same U.S. Supreme Court climate change case that Richard Lazarus and his students attended for oral argument, Utility Air Regulatory Group v. U.S. Environmental Protection Agency, which involved challenges to the EPA’s regulation of greenhouse gas emissions from stationary sources. The Clinic’s brief, which argued that greenhouse gas permitting has not resulted in excessive delays or costs for regulated industries, even received a shout-out from the U.S. Solicitor General during oral argument. What’s notable here is the diversity of the projects we take on, and the variety of tools the students learn to use to address climate change.

Continue reading the full article on HLS News here.

Clinical Spotlight: Shaun Goho

Shaun Goho, Lecturer on Law and Senior Clinical Instructor, Emmett Environmental Law and Policy Clinic

Shaun Goho
Lecturer on Law and
Senior Clinical Instructor
Emmett Environmental Law and Policy Clinic

I have been working with the clinic since the summer of 2008. It’s hard to believe that it has already been close to six years.

In terms of substantive environmental issues, I am particularly interested in the regulation of shale gas and shale oil extraction as well as the promotion of renewable energy. From a procedural perspective, I am interested in citizen enforcement of environmental laws and the doctrines that govern access to the courts. I also have an interest in environmental history.

In the clinic, we have done a number of projects over the last few years in connection with shale gas and shale oil extraction. I mention an ongoing project below. Previous projects have included an investigation of the authority of municipalities to regulate, limit, or ban oil and gas extraction within their borders and the preparation of a guide for landowners who are negotiating with oil and gas company that wants a lease to drill on their land. As for renewable energy, we have been litigating for several years over the ability of renewable energy contractors to contract for, supervise, and perform the non-electrical portions of solar photovoltaic (PV) installations in Massachusetts. Last year, we also wrote a white paper suggesting ways to eliminate the current uncertainty over the scope of the property tax exemption for solar PV projects in the Commonwealth.

I have also worked with students on a number of amicus briefs over the last couple of years, including ones in cases involving the regulation water pollution from active logging roads under the Clean Water Act, the deregulation of Roundup-Ready Alfalfa by the Department of Agriculture, and the regulation of hazardous air pollution from power plants under the Clean Air Act. Most recently, we filed an amicus brief in the winter term on behalf of Calpine Corporation in the U.S. Supreme Court greenhouse gas permitting case, UARG v. EPA.

We are finishing up a paper with recommendations for ways that state agencies can improve their processes for responding to complaints about water contamination associated with oil and gas development. In another project, we are attempting to identify best practices for state and federal programs that promote conservation easements, either through providing tax breaks or through direct monetary grants. In a third project, we are examining the legal authority to create microgrids under Massachusetts public utility law.

Outside of work, I like to run, hike, read, go to movies and concerts, and hang out with my family.

Changing the Climate of Environmental Law

Via: HLS News

After the Deepwater Horizon oil spill in the Gulf of Mexico and the ensuing reorganization of the Department of the Interior, Frances Ulmer, a member of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, turned to Harvard Law School’s Emmett Environmental Law and Policy Clinic.

She asked the clinic to recommend best practices for regulating offshore drilling. “I leapt at the opportunity,” says Wendy B. Jacobs ’81, clinical professor of law and director of the clinic, who chooses complex projects that will challenge her students and provide opportunities to present their work to high-level officials – opportunities they would get nowhere else. “It was timely, and presented a novel and critically important set of issues.”

In a single semester, three students under Jacobs’ direction analyzed 40 regulatory regimes and traveled to Washington, D.C., to present recommendations to the Department of the Interior and congressional staffers. They did such a remarkable job that last year, the clinic was asked to consider ways to predict whether companies proposing to drill for oil and gas in the Arctic would do so safely and in an environmentally protective way. A new group of students worked with Jacobs to develop such a set of indicators. Their report, released in December, suggests ways to protect the environment from the impact of routine drilling as well as major oil spills, and is currently being circulated among legislators and regulators.

Continue reading the full article on HLS News here.

Environmental Law and Policy Clinic: Student Spotlight

Credit: Heratch Photography
Margaret Holden ’14

Via: HLS News 

Margaret Holden ’14 – came to HLS to study environmental law and jumped right in as a 1L, joining Richard Lazarus’ reading group on the Deepwater Horizon oil spill and both the Environmental Law Society (ELS) and the Environmental Law Review (ELR). The summer after her 1L year, she worked at the Department of Justice in Washington, D.C. in the Environmental Crimes Section. As a 2L, she was elected co-president of the ELS, served as a research assistant for both Lazarus and Kate Konschnik, director of the ELP Policy Initiative, and during J-term, worked on a fracking project in the clinic. That summer she worked at the DC office of the Natural Resources Defense Council. As a 3L, she enrolled again in the clinic and was elected Editor-in-Chief of the Environmental Law Review. Holden traveled to India this past J-term to research a paper on the solar industry. Next year, she will be clerking for the DC Court of Appeals, then working in environmental policy with a focus on climate and energy issues.

Says Holden: “In terms of support, it’s been incredible. The clinic and classes are really great, and the faculty are so supportive and connected — they’ve really helped me to do everything I’ve wanted to do. Working at DOJ and NRDC were my dream summer internships, and the faculty recommendations and experience I’ve had with ELP definitely enabled me to get them.”

“One of the projects that I worked on for the clinic evaluated whether FracFocus, a voluntary chemical disclosure registry for fracking projects, was an adequate regulatory tool. We found major shortcomings with the registry, and published a report containing our findings that was distributed to relevant stakeholders and picked up in several media outlets.”

Credit: Heratch Photography
Genevieve Parshalle ’15

Genevieve Parshalle ’15is in a joint degree program at the Harvard Kennedy School, and matriculated at HLS after working at the National Wildlife Federation and the Natural Resources Defense Council. After her 1L year, Parshalle worked in the California Attorney General’s office in the Environment Section; last summer, she worked for the NRDC in San Francisco. In the fall, she worked on fracking issues in the clinic, and over J-term, she took a course in natural resources. This spring, she is heavily involved in organizing the ELS’s symposium, which, in recognition of the 20th anniversary of President Clinton’s Executive Order on Environmental Justice, is “Environmental Justice: Where Are We Now?”  She was recently elected Editor-in-Chief of the Harvard Environmental Law Review.

Says Parshalle: “I think by far most outstanding thing about the Environmental Law Program here are the professors and the students. If you look at professor evaluations, Jody Freeman and Richard Lazarus have outstanding evaluations, some of the highest of all the faculty I’ve seen. Students sign up to take environmental law because they’ve heard such great things about the faculty, even if they have no interest in environmental law.”

Continue reading the full article on HLS News here.

Environmental Law Clinic Amicus Brief Referenced During Supreme Court Oral Argument

Via: Environmental Law and Policy Clinic

During oral argument in UARG v. EPA, the greenhouse gas permitting case before the U.S. Supreme Court, Solicitor General Don Verrilli, arguing on behalf of EPA, cited the Emmett Environmental Law and Policy Clinic’s amicus brief. The clinic’s brief was filed on behalf of Calpine Corp., a Fortune 500 utility company, and described and defended the current greenhouse gas permitting regime. In response to a question about how the Best Available Control Technology requirement functions for greenhouse gases, General Verrilli explained, “Well, it’s an evolving process, Your Honor, and there are now 140 or so permits that have been issued applying BACT to greenhouse gas emissions. There is some very helpful discussion of this kind of specifics in two places: The State Respondents’ brief, pages 35 to 39, and the Calpine amicus brief.” The brief has also received significant press coverage from outlets such as NPR, Reuters, The Boston Globe, and Bloomberg Sustainability.

Environmental Clinic Files Three Amicus Briefs

Via: The News Section of the Environmental Law and Policy Clinic

On January 28, 2014, the Environmental Law and Policy Clinic filed an amicus brief in the U.S. Supreme Court case Utility Air Regulatory Group v. U.S. Environmental Protection Agency. This case involves challenges to EPA’s regulation of greenhouse gas emissions from stationary sources under the Prevention of Significant Deterioration program of the Clean Air Act. Clinic student William Cranch (JD ’15) wrote the brief under the supervision of Clinic Director Wendy Jacobs and Senior Clinical Instructor Shaun Goho.

The Clinic also filed two amicus briefs on February 14, 2014 in related cases before the Massachusetts Supreme Judicial Court involving a proposed power plant in Brockton, Massachusetts. Clinical students Alexandria Shasteen (JD ’14), Jean Tanis (JD ’15), and Zachary Kearns (JD ’14) worked with Clinic Director Wendy Jacobs and Clinical Instructor Aladdine Joroff on these briefs.

Kate Konschnik testifies before DOE Task Force

Kate Konschnik

Via: The Environmental Law Program Blog

EPI Director, Kate Konschnik, testified yesterday at a FracFocus Task force of the Secretary of Energy Advisory Board on shale gas information disclosure. Discussing the tendency of energy companies to claim trade secrets when asked to disclose specific chemicals used in the shale gas extraction process, Konschnik explained that in other industries, providing the public an opportunity to challenge the designation of trade secrets appears to increase disclosure rate. Read the write-up in EnergyWire here.

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