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Case Example: A Breakthrough in Pollution Control
Clinic students represented a community group in lower Manhattan that sought to minimize the adverse health effects of the expansion of a power plant on their community. First, the students successfully petitioned for a rehearing from the New York State Board on Electric Generation Siting and the Environment, which at first had refused to consider the impact of the small particles that the plant would emit. The grant of the rehearing marked the first time the Board had acknowledged the potential effect of these particles and has led to similar consideration at other plants throughout the state. Prior to the rehearing, the students worked with medical and engineering experts to prepare direct and rebuttal expert testimony on the potential effects of the emissions. The students also prepared cross-examinations of expert witnesses presented by the other parties in the case. Finally, the students spent four days negotiating a settlement of the case that resulted in the utility dedicating nearly $4 million to reduce air emissions from the plant and other sources in the neighborhood. This settlement has become a model for similar cases throughout New York.
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