Environmental Law Clinic
Students in the Environmental Law Clinic represent local, regional, and national environmental and community organizations working to solve critical environmental challenges facing the metropolitan region.
Clinic students represent clients on a broad array of issues including clean water, wetlands preservation, endangered species, environmental justice, "smart growth," and clean air.
The students' work is key for the New York City metropolitan region and the United States overall as a nearly inexhaustible supply of environmental troubles is present. At the urban core and in outlying areas, communities face diverse challenges such as alarmingly high asthma rates, scarce open-space resources, brownfield redevelopment, and sprawl.
In weekly seminars, students lead strategic discussions of the issues to be resolved in their cases. This clinic emphasizes litigation skills that have broad applications beyond environmental law, such as drafting pleadings, arguing motions, and negotiating settlements. Students are also exposed to mechanisms, such as citizen suits, that are prevalent in both civil rights and environmental cases.
Students in the Environmental Law Clinic have worked with community groups concerned about pollution and public health as well as with statewide and national organizations and coalitions dealing with such issues as land conservation and transportation. Here are some examples of the work in recent years:
- In the wake of the attack on the World Trade Center, they counseled firefighters and others exposed to asbestos and other toxins.
- Students advocated for citizen and environmental groups before state and federal agencies to ensure that nuclear-power-plant owners maintain adequate resources to operate, maintain, and shut down the plants safely.
- With a heavy emphasis on client interaction, the clinic teaches students to counsel community groups to grapple with and settle their cases in ways that best achieve their goals.
- The clinic also addresses the interplay of economic development and environmental protection and the impact of contamination and regulation on communities of color and other economically disadvantaged groups.
"The Environmental Law Clinic showed me the broad range of roles that lawyers play. In one case, students litigated a case that went to trial. In another, we researched the law for several community and environmental groups so that we could advise them on the strategies they might use in convincing decision makers to do the right thing. We were also involved in filing formal complaints in a regulatory administrative process, which ultimately got the governor of New Jersey to come out and oppose the construction of a mall on wetlands."
– Ben Longstreth '02, Clerk, Chief Judge John M. Walker, Jr., U.S. Court of Appeals Second Circuit
In Action: Students' Work In The Environmental Law Clinic
In Spring 2015, Professor Edward Lloyd and a group of students in the Environmental Law Clinic, Olga Basko, Surbhi Sarang and Polly Silverman, published a memorandum, Clarifying IRS's View on Climate Change as a Charitable Purpose in Order to Mobilize Program-Related Investments for Climate Change Solutions. Read the memo here.
Scott Sneddon '07 was part of a team working on a multiyear project that involved the Clean Water Act. In particular, he looked at the requirement that the Environmental Protection Agency regulate power plants that take in large quantities of water from oceans, lakes, rivers, and streams to cool hot machinery. For many years, the EPA has not met this requirement.
Read about their work and the Environmental Law Clinic In Action.
A Breakthrough in Pollution Control
The clinic represented a community group in lower Manhattan seeking to minimize the adverse health effects of the expansion of a power plant. First, students petitioned for a rehearing from the New York State Board on Electric Generation Siting and the Environment. The board had previously refused to consider the impact of the small particles, known as PM 2.5, that the plant would emit. The rehearing, however, was granted. It was the first time the board acknowledged the potential impact of these particles.
To prepare for the rehearing, students worked with medical and engineering experts on direct and rebuttal testimony on the effects of emissions. They also prepared cross-examinations of expert witnesses presented by other parties.
After four days of complex settlement negotiations, the utility decided to dedicate nearly $4 million to reduce air emissions from the plant. The settlement has become a model for similar cases throughout New York and the students’ work has since led to similar consideration at other state power plants.
Environmental Law Clinic-In Action
Turning Science into Law
As a chemist and biologist working in the pharmaceutical industry, Scott Sneddon '07 did cutting-edge research into rare diseases. At 40, Sneddon, a Boston native, found himself increasingly concerned about how humans have scarred the environment and about the lack of scientific brawn involved in the effort to conserve it.
"There's not a lot of money in protecting the environment," says Sneddon, "but organizations really need people who can turn the scientific numbers into meaningful points for legislation. I've decided to spend the second half of my working life doing just that."
The Environmental Law Clinic and another Law School offering, the Environmental Collaborative Decision Making Project, were key to Sneddon's decision to come to Columbia, and he is grateful that Columbia valued his scientific background in accepting him. In the clinic, he was part of a team working on a multiyear project that involves the Clean Water Act. In particular, he looked at the requirement that the Environmental Protection Agency regulate power plants that take in large quantities of water from oceans, lakes, rivers, and streams to cool hot machinery. For many years, the EPA had not met this requirement.
"Power plants draw in hundreds of billions of gallons of water every day from lakes and streams, killing billions of fish in the process," says Sneddon. "It is like a gigantic predator sitting on the edge of the lake, exchanging the entire contents of the lake every couple of weeks. Every time you turn on the light switch you're killing some fish."
Existing water recirculating technologies could cut the plants' water intake by 95 percent or more, and the Clean Water Act requires companies to use the best technology available. Indeed, a case settled in 1995 forced the EPA to impose rules on power plants, but thus far, companies have evaded upgrades.
Holding Power Plants Accountable
"Although companies are required to retrofit their intake structures to minimize the impact on water resources, they are under no time pressure to do so," says Sneddon. "Moreover, the EPA has allowed power plants to continue sucking in fish as long as they restock the lakes." Companies claim that they've minimized their impact on living creatures in the water, Sneddon says, but they haven't proved it. In addition, the plants kill dozens of different types of fish, crabs, shrimp, and turtles, while they restock only one or two species of fish, so real restoration is not taking place.
The Environmental Law Clinic has been working on a challenge to the EPA rules for several years. Sneddon's contribution was to research and write a legal analysis of the Clean Water Act's rules about water intake and what it requires the EPA to do. The lessons he learned in the clinic on writing briefs and crafting motions were immediately put into action.
Clinic students work under the watchful eye of highly skilled practitioner-teachers. Professor Edward Lloyd and Senior Clinical Attorney Reed Super work closely with the students to help them understand sometimes impenetrable environmental statutes and help pressure-test legal arguments as the students prepare briefs. Their decades of experience in environmental litigation provide clinic students with mentorship on environmental law and on lawyering generally. The ability for students to work on real environmental cases with real consequences is an educational experience that is difficult to match inside or outside of the academy.
Sneddon and his partners in the clinic wrote briefs, including a 4,200-page appendix so that the judges in the Second Circuit Court of Appeals can easily reference the material. He was hopeful that the court would rule that fish restoration is not allowed, that indefinite timelines are not allowed, and that the water recirculation technology must be used.
Once the judges have read the briefs, clinic students will go to oral arguments. Sneddon, a second-year student at the time, planned to follow the case after his clinic period ended and continue working on it for pro bono credit.
Sneddon compared clinical study at law school to clinical study at medical school. "First you do your book learning and then you work on a real patient," he says. "The Second Circuit is going to read what I've written and I have to persuade them that it's right, so it's very exciting, and a little scary, but that's what makes it so different from class work."
The clinic handles a wide variety of public interest environmental cases—locally, regionally, nationally, and internationally—addressing air, water, solid waste, and other types of pollution as well as land use and energy matters. Moreover, it has only served to reinforce Sneddon's career goals and has made him even more aware of the magnitude of our environmental footprint. "I'm doing exactly what I had hoped to do—combining what I'm learning in law school with science. It's been a pretty handy combination," he says.
Faculty Highlight: Professor Edward Lloyd
Edward Lloyd, the Evan M. Frankel Clinical Professor in Environmental Law. He joined the Columbia Law School faculty in 2000.
To read Lloyd’s full biography and to find his contact information, visit the Faculty Contacts page.
Jennifer Danis is a Staff Attorney and Lecturer-in-Law at Columbia Law School's
Environmental Law Clinic.
To read Danis's full biography and to find her contact information, visit her
Lecturer in law bio page.