EcoJurist

EPA Announces It Will Establish Fracking Wastewater Guidelines

2011-10-21T08:07:00.003-04:00

At least we're moving in the right direction.

Yesterday, the EPA announced in a press release that it will establish wastewater standards for discharges from the natural gas production process. That's the good of it.
The bad? EPA will not be accepting public comment until 2013 and a Proposed Rule is scheduled for sometime in 2014.

I expect the next 3 years to be a frenzy of some sort from natural gas producers. Expect heavy lobbying from the natural gas industry and a smearing campaign against the EPA.

The truth is that the stuff coming back from the ground is worse than what's going in. This is because the voluminous concoction of chemicals, water and sand used in the exploration process act as catalyst in transporting heavy metals and radioactive material to the surface. That stuff can't be good.

These regulations are long over-due. More is still needed.

Community-focused environmental justice conference. (Aug 23-26, Detroit, MI)

2011-08-15T21:15:00.000-04:00

Next week (8/23 - 8/26), Detroit will play host to EPA's 2011 Environmental Justice Conference. Don't be discouraged by the registration being closed*, members of the public are still welcome to attend!

*don't expect a name badge though.
Targeted at community-focused individuals, attendees can expect to learn about opportunities to work towards environmental justice in their communities. Topics include:

Community Capacity
Strategies for Addressing Pollutions Sources that Impact EJ Communities
Federal Interagency Working Group on EJ
Environmental Workforce Development Training and Job Creation
Updates: Federal Agencies' Priorities for EJ
Hands-on Demonstrations of Tools & Resources
Funding Opportunities
Title VI , Human Rights, Delegation Agreements and other Tools for Accountability

Dates: Tuesday, August 23, 2011 - Friday, August 26, 2011

Where: Downtown Marriott at the Renaissance Center

More details HERE.

AEP v. Connecticut: The Ruling and its Implications

2011-06-24T14:21:00.000-04:00

AEP v. Connecticut (June 20, 2011) is this year's blockbuster environmental law case. AEP is the first decision of the Supreme Court on climate change since Massachusetts v. EPA (2007) and a titanic piece of litigation pitting some of the largest states against some of the country's largest utilities. AEP involves a plethora of constitutional issues (political question, standing and displacement of federal common law) together with equally important issues of judicial management of large-scale environmental litigation.

The Court in AEP split 4-4 on certain preliminary issues that resulted in an affirmation of part of the lower court ruling, followed by an 8-0 decision reversing the rest of the Second Circuit's decision. The Court agreed with the utility defendants on one core point: That highly complex climate change environmental regulation is more suited to expert agencies set up by Congress than by federal judges issuing "case-by-case injunctions." Justice Ginsburg, writing for the Court, also managed to raise one other constitutional issue not briefed by the parties -- potential federal preemption of state nuisance claims.

On Thursday, July 7, 2011 the American Bar Association Section of Environment, Energy and Resources will be hosting a teleconference to discuss the legal, environmental and regulatory implications of this decision. This is a FREE program and will not provide CLE credits.

The lawyer who represented the defendant utility companies, Peter Keisler of Sidley & Austin, and the former senior climate change policy counsel to the EPA Administrator, Professor Lisa Heinzerling of Georgetown University Law Center, will discuss the Court's holding and its implications.

Click here for more information about this program.

The world gets hotter, and we're becoming hungrier

2011-06-10T15:02:00.000-04:00

For nearly two decades, scientists had predicted that climate change would be relatively manageable for agriculture, suggesting that even under worst-case assumptions, it would probably take until 2080 for food prices to double.

In part, they were counting on a counterintuitive ace in the hole: that rising carbon dioxide levels, the primary contributor to global warming, would act as a powerful plant fertilizer and offset many of the ill effects of climate change.

Until a few years ago, these assumptions went largely unchallenged. But lately, the destabilization of the food system and the soaring prices have rattled many leading scientists.

Obama and House Republicans moving swiftly for natural gas exploration

2011-05-18T11:30:00.001-04:00

picture: seekingalpha.com

Expansion of the National Petroleum Reserve in Alaska get's the "OK" from President Obama. At the same time, House Republicans are passing oil and gas legislation at record rates. So far this term, the House has passed four pieces of legislation that would make it easier for oil and gas companies to conduct natural gas exploration.

One of the most popular ways of extracting natural gas in the Marcellus Shale is by using the hydraulic fracturing method ("fracking") --- a method where a mixture of sand, water and chemicals are used to fracture the bedrock, allowing pressurized natural gas to escape. Fracking is controversial because of the several environmental and social consequences that are attributed to it.

Covering just about every type of environmental media (air, land, water, etc.), fracking negatively impacts the environment. It's an industrial process just like coal mining and petroleum exploration; it's supposed to be messy! Since it's obvious that we still haven't found a way to do it cleanly, and in environmentally-friendly manner, why are we rushing to extract all of this natural gas?

Several reasons: (i) gas prices are rising and they're rising quickly (consumers are making strong push); (ii) there's a lot of money to be made on natural gas extraction; (iii) industry lobbying on federal AND state levels; (iv) "independence from foreign oil" (aka national security issues); and (v) industry is moving faster than the rate of regulation.

Take (v) in New York, for example. Right now, New York does not have comprehensive regulations that sets standards for the natural gas exploration industry. Instead, New York relies on a General Environmental Impact Statement, which provide broad, non site-specific, guidelines with no teeth. There is essentially no oversight over this practice and will be, for the most part, unregulated. It's the old "industry can regulate itself" theory. This is not by accident either. Industry has played an influential role in lobbying for pro-exploration legislation.

For example, industry was integral in the New York Legislature instituting its "compulsory integration" law. This law does not allow landowners an opportunity to opt-out, but instead forces them to give up their land. Landowners have 3 integration options: (1) not invest, get a small percentage; (2) not invest, but possibly incur costs, get a bigger percentage; (3) invest, get biggest percentage. Landowners have no opportunity to opt out. If the well is dry, you will not be compensated...talk about your regulatory taking.

U.S. Supreme Court to hear oral arguments next week on landmark greenhouse gas case

2011-04-16T21:57:00.004-04:00

On Tuesday April 19, 2010 the Supreme Court of the United States is scheduled to hear oral arguments on the biggest greenhouse gas/global warming related case since Massachusetts v. EPA (2007) (where the Supreme Court held that the Clean Air Act allows the EPA to regulate GHG emissions from automobiles).

In American Electric Power v. Connecticut, a conglomerate of 6 states*, 3 not-for-profits and New York City ("States") will take on the nation's 5 largest GHG emitters (large electricity generators).
*NJ and WI are no longer part of this suit.

The legal issues to be argued: (1) whether states may sue for injunction under the common-law tort theory of "public nuisance" based on global warming-related injuries ; (2) whether the "political question doctrine" prevents the courts from hearing this suit; and (3) whether the Clean Air Act or EPA regulations preempt this action.

Don't think anyone is interested? Think again. As of Saturday evening, there have been at least 22 amicus briefs for the respondents (power plants) and 9 for the petitioners (the states ).

The power plants include: American Electric Power; Duke Energy Corp. (d/b/a Duke Power) (formerly Cingergy Corp); Southern Company (which is spread out across 5 southern states); Xcel Energy (serving 8 mid-west and western states), and the Tennessee Valley Authority.

The stage will be set for the Supreme Court (minus recently minted J. Kagan) to decide this pivotal environmental case. Because this case is in the "motion to dismiss" stage, the Supreme Court will be decide this case "on the pleadings," with discovery yet to occur. For that reason this case important for both environmental and federal litigation reasons.

Some posit that the case would "open the floodgates to GHG litigation" and that GHG "limits" are better left for the "political branches" to, while others believe that this case is important for advancing human health and our environment.

The Supreme Court is without a doubt going to aggravate a large group of people. Either power generators (which include the U.S. government) or environmental advocates. The funny thing is that even if the States "win," the case is likely to be remanded to the District Court; back to the same judge who granted the power plants' motion to dismiss in the first place.

A 4-4 split, I believe, would allow the case to move along, with J. Kennedy probably being the swing-vote.

I wonder how this one is going to play out...

A few things to consider: will allowing this litigation to proceed increase electricity rates across the country because smaller generators will begin preparing for litigation? If dismissed under the political question doctrine, will the Congressional Republicans continue their attempts at stripping the EPA and the Clean Air Act of GHG-regulating powers? Will the Supreme Court overturn Mass. v. EPA?

Pace Law School program on hydraulic fracturing in NY, April 14 @6:30pm (FREE for students. Live webcast!)

2011-04-07T05:27:00.008-04:00

The Pace Law School Center for Environmental Legal Studies and Center for Continuing Legal Education present -

HYDROFRACKING: THE EXPLOSIVE ISSUE OF NATURAL GAS DRILLING
Natural gas can play an important role in the transition to cleaner energy supplies since it produces less carbon emissions than coal or oil. However, there are significant environmental and public health issues associated with the natural gas extraction process known as hydraulic fracturing or hydrofracking.

Thursday, April 14, 2011 -- 6:30pm-9:30pm
Pace Law School -- 78. N.Broadway, White Plains, NY -- Moot Courtroom Law Library

Discussion will focus on natural gas drilling within the Marcellus Shale in New York State.

The program will present an overview of the various legal, economic, public health and environmental implications at issue in the hydrofracking debate.

Speakers were chosen to reflect a broad range of perspectives and include:

-Stuart Gruskin, Attorney, Gruskin and Gordon, Former Executive Deputy Commissioner, NYS DEC

-Deborah Goldberg, Managing Attorney, Earthjustice

-Thomas West, Attorney, The West Firm, PLLC

-William J. Dubanevich, Attorney, Napoli Bern Ripka, LLP

-Moderator: James Van Nostrand, Executive Director, Pace Energy & Climate Center

To register, call (914) 422-4062 or email lmaccarrone@law.pace.edu

Earthjustice responds to Obama's Energy Plan: 1 thumb up, 1 thumb down.

2011-04-05T11:48:00.003-04:00

Last week, Earthjustice, the non-profit environmental law firm, issued a statement responding to President Obama's energy address. In its statement, Earthjustice said that "some elements of the plan are flawed and signal a lingering attachment to outdated ways of thinking."

Earthjustice is referring to the possibility of offshore drilling in America's Artic, corporate loopholes that limit liability for hydraulic fracturing, and monetary incentives for the oil and gas companies.

Read Earthjustice's statement in its entirety...

Why you should come to the ELS screening of "Gasland" (Thurs. 3/31, 12:45pm, WA10)

2011-03-29T07:32:00.002-04:00

Thursday, March 31 * 12:45-2:00pm * Room WA10

Gas drilling in New York? I thought that only happened in other places. Lured by rising gas prices, oil and gas companies like Exxon and BP are at New York's doorstep, clamoring for access to underground reserves throughout the state and demanding the right to blast millions of gallons of chemically-treated water into the earth to extract the gas. This controversial technique is known as "hydraulic fracturing." And if it sounds scary, that's because it is. Of particular interest to oil and gas companies is a geologic formation known as the Marcellus Shale, which stretches primarily from New York to Pennsylvania, Ohio, and West Virginia.

What? They want to blast millions of gallons of water laced with chemicals into the ground? Yes. What's more, the companies won't tell us what chemicals they're using. And that may end up being the least of our problems. Once the oil and gas companies are done with the water, it's even more contaminated, sometimes even radioactive. If not handled properly, this wastewater can poison drinking water wells and public water supplies. Not to mention the air pollution, heavy truck traffic, and destruction of forests that comes with all of this industrial activity.

How will I be affected? The areas where oil and gas companies want to drill stretch through the Southern Tier and Catskill areas of Upstate New York. These areas supply drinking water for more than 13 million people—including people upstate, in New York City, and in Westchester, Rockland, Dutchess, and Putnam counties. So if you live in these areas or if you've ever taken a hike through the Catskills, gone for a swim in the Finger Lakes, enjoyed fresh milk and cheese from one of New York's dairies, chances are none of these things will be the same once the drill rigs roll in from Texas.

How do you know that all of this terrible stuff might happen? We've witnessed what has happened right next door in Pennsylvania, where the pace of drilling has tripled over the past year. Oil and gas companies are contaminating water faster than the state's treatment plants can handle it. In some cases, people's wells have even exploded, residents can light the water from their faucet on fire, and pets have gotten sick from drinking tap water. The Monongahela River, a drinking water source for 350,000 people, was poisoned. Pristine state forest is being handed over to oil and gas companies.

Radioactive waste and flaming tap water? What can I do to help? We are facing the fight of our lives to keep oil and gas companies at bay while we figure out how to keep New Yorkers safe. Our state leaders need to hear from you. Email the New York State Department of Environmental Conservation, telling them not to issue any drilling permits until state-of-the-art regulations have been put in place to protect New Yorkers from the impacts of gas drilling.

Interested in what the movie is about? Watch the trailer for Gasland at http://www.gaslandthemovie.com.

This information was written and originally published by Earthjustice and is available at http://earthjustice.org/our_work/campaigns/a-new-yorkers-guide-to-industrial-gas-drilling.

Environmental Law Society screening of "Gasland"

2011-03-29T07:20:00.000-04:00

Environmental Law Society screening of "Gasland"

2011-03-29T07:07:00.000-04:00

Environmental Law Society screening of "Gasland"

2011-03-29T07:03:00.000-04:00

ELS Executive Board nominations due Friday, April 1st- We Need Candidates!

2011-03-18T12:23:00.006-04:00

In less than three semesters, the Environmental Law Society of New York Law School has gone from a non-existant, dormant Society to one with over 80 members! We have hosted public speakers, screened environmental documentaries, participated in community service and research projects, and successfully petitioned the NYLS administration to add more environmental law courses to our curriculum.

This is because our Members care and so does our Executive Board. Now its your chance to step up!

If you would like to run for an E-Board position, please submit a "STATEMENT OF INTEREST" to Jose Almanzar (jose.almanzar@law.nyls.edu) BY FRIDAY, APRIL 1ST, 11:59PM. The Statement should include: your name, your current year at NYLS and a brief statement (1-2 para.) expressing your interest in one of the positions and why you are qualified for that position.

Electronic elections will be held the following week from April 8th - April 9th.

Below please find a description of each position and its responsibilities. If you have any questions, please contact Jose Almanzar (jose.almanzar@law.nyls.edu). Thank you!

President
The President shall be the chief executive officer for ELS; set agendas and preside over all ELS meetings; make executive decisions in the interests of ELS; delegate duties to other Executive Board members as necessary in the interest of ELS.

Vice-President
The Vice-President shall assist and support the President in running the ELS; preside over ELS meetings in the absence of the President; succeed the President in the event the President is no longer able to fulfill duties of the office.

Treasurer
The Treasurer shall be responsible for the financial accountability of ELS; along with the President, be the sole liaison between ELS and NYLS staff regarding financial matters; assist and support the President, as needed, in the interest of ELS.

Secretary
The Secretary shall maintain a written record of all Executive Board Meetings and General Membership Meetings; be responsible for communicating events, news and updates to ELS members; be responsible for maintaining and regularly updating the ELS blog, Ecojurist, and the ELS Facebook page; assist and support the President, as needed, in the interest of ELS.

Marketing Officer
The Marketing Officer shall be responsible for creating all flyers and marketing content for ELS; assist the Secretary in maintaining and regularly updating the ELS blog and Facebook page; assist and support the President, as needed, in the interest of ELS.

EPA Proposes Nation's First Emissions Standards for Power Plants

2011-03-18T11:16:00.000-04:00

This is long over-due, no?

Earlier this week the EPA proposed the first national standards for the emissions of mercury and other pollutants from coal-burning power plants. This rule could lead to the early closing of a number of power plants (this is probably a good thing!).

My question is "why did this take so long?!"

As the EPA Administrator, Lisa Jackson, put it "[t]oday's announcement is 20 years in the making..."

China unveils economic plan with focus on raising incomes and reining in pollution

2011-03-06T19:04:00.000-05:00

BEIJING — China’s leaders unwrapped a new five-year economic blueprint on Saturday that set ambitious goals to raise ordinary people’s incomes, rein in pollution and energy use, and build advanced-science industries in fields like biotechnology and environmental protection.

Environmental Law Society meeting next Tuesday (3/8), 12:50pm-1:50pm in W303

2011-03-03T11:10:00.000-05:00

Mark your calendars! The Environmental Law Society of New York Law School will be hosting a General Membership Meeting next Tuesday, March 8th from 12:50pm-1:50pm in room W303.

On the Agenda: new environmental law courses at NYLS; internships and jobs; PlaNYC 2030; tree planting; West Virginia Law's Energy Moot Court Competition; "Gasland" and "Last Mountain"; Mike Gerrard; 2011-2012 ELS EBoard elections; and more!

Join us! Come with ideas! SNACKS AND DRINKS WILL BE PROVIDED!

If you have any questions or would like to add something to the agenda, please contact Jose Almanzar (jose.almanzar@law.nyls.edu).

Climate Change in Real Estate and Business Transactions

2011-03-02T09:06:00.001-05:00

You ask and you shall receive.

Last semester, Environmental Law Society students requested that NYLS administration take a look at its academic curriculum and consider adding more environmental law-related courses.

Our message was heard! Next fall NYLS will be offering a new climate change course, Climate Change in Real Estate and Business Transactions.

Wohoo!

Boiler and incinerator regulations are so hot

2011-02-24T08:19:00.001-05:00

In an attempt to reduce pollution from boiler and incinerator emissions, the U.S. EPA establishes new standards under the Clean Air Act.

These standards are set to cover more than 200,000 boilers and incinerators that emit harmful pollution including mercury, cadmium, and particle pollution.

Read more...

"Home," a film about the effects of climate change sends a strong message

2011-02-14T17:02:00.000-05:00

This film was recommended by one of our ELS members. This is what she had to say about "Home"-

This documentary was so moving I was crying. It's so important to please at least watch parts of it when you have nothing to do. Our planet is SO PRECIOUS and everyone is in immediate danger from climate change and humanity's depletion of our Earth's resources. Please pass this on because it was such an amazing and real documentary.

Wao. What an endorsement. I should check it out.

See the whole film here: Home.

NYC looking at sewage treatment as source of renewable energy

2011-02-10T00:10:00.001-05:00

I think it's incredible that New York City is thinking of more ways to make money out of our wastewater treatment by-products. This type of local innovation that helps the country take bigger strides towards clean(er)* energy.

Think about what's going on here: NYC collects all of our wastewater (via combined sewer and storm water system); filters out the organic material; cleans the water before sending it into the environment; and will now be selling energy (in the form of natural gas) in the open-market.

"Through a partnership with National Grid that is already in the works, officials said, the Newtown Creek Wastewater Treatment Plant in Brooklyn is expected to add enough methane gas to the city’s natural gas network next year to heat 2,500 homes."

It's not like the City is new to this industry; it already sells "biosolids,"the end-product of dried sewer sludge, in the open market.

Hey, way to make the most of the situation, New York.

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*Clean energy from wastewater. The irony makes me laugh.

Carbon Nation: A climate change solutions movie [that doesn't even care if you believe in climate change]

2011-02-08T18:11:00.002-05:00

Carbon Nation, is an optimistic, forward-looking film, exploring potential alternatives to carbon fuel.

"From one-armed Texas cotton farmer Cliff Etheridge’s efforts to pull together an enormous wind farm, to green jobs innovator Van Jones, Peter Byck’s film presents vital solutions to a thorny problem and in the process reveals a thriving tradition of American ingenuity."

The Film Society of Lincoln Center is screening Carbon Nation THIS THURSDAY, February 10 at 6:30pm. BUY YOUR TICKETS NOW!

For more information, see the Film Society's page.

EPA: Brooklyn's Gowanus Canal is disgusting!

2011-02-03T10:03:00.001-05:00

"EPA’s investigation confirmed the widespread presence of more than a dozen contaminants, including polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons (PAHs) and various metals, including mercury, lead and copper, at high levels in the sediment in the Gowanus Canal."

Why am I not surprised?

The EPA's "Human Health Risk Assessment" also found that people who eat fish and crabs from the Canal are at risk from exposure to PCBs. My question is, who the heck is eating fish from the Gowanus Canal?

As the EPA moves forward with the Draft Feasibility Study, a lot of questions remain, namely: can we really "revitalize" the Gowanus Canal? How long is this going to take? 10, 20, 30 years? How much is this costing the taxpayers? Can the EPA track down the "Potentially Responsible Parties"? And who is ultimately benefiting from the Superfund process?

40th Annual Conference on Environmental Law! Conference scholarship opportunity for law students! Application deadline Feb.8th!

2011-01-30T18:49:00.002-05:00

The ABA Section of Environment, Energy and Resource conferences are always a great place for law students to meet and network with today's environmental practitioners and policy leaders.

Law students interested in a conference scholarship for the upcoming 40th Annual Conference on Environmental Law (Salt Lake City, UT) please read below. You may be eligible to attend the conference for FREE!

A limited number of scholarships are available to law students interested in attending the 40th Annual Conference on Environmental Law, being held from March 17-19, 2011 in Salt Lake City, UT.

To be considered, you must be a member of the ABA Section of Environment, Energy, and Resources. Law students must also submit a 2-3 paragraph "Letter of Interest" indicating your interest in environmental, energy, or resources law and why you wish to attend the meeting. The Letter of Interest must be submitted by Tuesday, February 8, 2011.

The letters will be reviewed and scholars will be selected and notified no later than Tuesday, February 15, 2011. Send all letters to Yumeka Brown, via e-mail at BrownY@staff.abanet.org, or fax to (312) 988-5572, or by mail to American Bar Association, Section of Environment, Energy, and Resources, Attn: Yumeka Brown, 321 N. Clark St., Chicago, IL 60654.

CLICK HERE for the conference brochure.

Student Membership to the Environmental Law Institute are now FREE!

2011-01-30T18:30:00.001-05:00

Law students now have FREE ACCESS to FULL student membership benefits with the Environmental Law Institute (ELI).

ELI benefits include:

An online subscription to our award-winning policy magazine The Environmental Forum, a unique magazine offering cutting edge analysis by expert authors drawn from all sectors of the environmental debate
Career opportunities through access to new job postings on our bulletin board and in our weekly email newsletter.
Networking and educational opportunitiesthrough the online ELI Associates Directory and our seminars and policy forums that are FREE for members.
Exclusive and instantaneous access to a members-only library of MP3 files of ELI seminars and educational programs, in addition to current and archived editions of The Environmental Forum.

To learn more about membership, visit www.elistore.org/member.asp

Michael Gerrard Speaking at NYLS February 9th 2011 at 12:50PM

2011-01-26T17:38:00.001-05:00

Michael Gerrard is an award winning author and professor of environmental law, energy law, and climate change law at Columbia University. He will be joining the Environmental Law Society and The Center for Real Estate Studies on February 9 in Room W220 from 12:50PM until 1:50PM for a Master Class and discussion on issues pertaining to Environmental Law, The Law of Green Buildings, Energy Law, and Climate Change Law.

FREE PIZZA WILL BE SERVED

If you are interested please RSVP at RealEstateRSVP@nyls.edu

"Environmental Justice" Writing Competition! Get Published and Win Cash!

2011-01-21T14:44:00.000-05:00

The winning entry will be awarded a prize of $1000 and will be published in a special issue of the Mississippi Law Journal together with other articles and materials from the Symposium. In addition to the first prize, the Competition will award a second prize of $500 and a third prize of $250. The first place paper will also be published on the ABA-SEER website as will the second and third place papers

-OPEN TO ALL CURRENTLY ENROLLED LAW STUDENTS-

Any relevant article, case comment, note, or essay may be submitted, including writing submitted for academic credit. Jointly authored pieces are eligible only if all authors are students and consent to submit. Previously published pieces, or pieces that are already slated for publication, are ineligible.

For more information, CLICK HERE

Win $5k CASH! Writing Contest! Must submit "intent to enter" by Jan.31st! HURRY!

2011-01-21T12:48:00.003-05:00

Topic for the 2011 contest is "The Gulf Oil Spill: Who Are They and How Do They Get Compensated"

The author of the winning essay will receive a $5,000 cash prize; recognition in the Public Justice newsletter and on the website; publication of the essay in the Vermont Law School’s online Journal of Environmental Law; and a free Public Justice Foundation membership for the Contest Year.

Any student currently enrolled in an accredited American law school may enroll in the contest. Each entry must be submitted through a faculty adviser. All entrants must submit an INTENT TO ENTER FORM by January 31, 2011. The deadline for the essay is March 31, 2011. A panel of nationally renowned trial lawyers and law professors will judge the entries.

CLICK HERE for more informations.

MEDIA ADVISORY: Listen in TODAY (Press Telebriefing) from 1-2 pm ET - Coalfield Citizens React To EPA's Spruce Mine Decision‏

2011-01-19T08:42:00.015-05:00

Coalfield Citizens React To EPA's Spruce Mine Decision

Citizens from communities threatened by mountaintop removal mining and Spruce mine comment on value of veto

WHAT: Coalfield citizens and community members affected by destructive mountaintop removal mining host on Wednesday, January 19, 1:00-2:00 pm ET, a press telebriefing to discuss the U.S. Environmental Protection Agency's historic Clean Water Act veto of the water pollution permit for the proposed Spruce No. 1 mine and the significance of this important decision to enforce basic legal protections for their health, livelihood, and the future of their communities. They also will comment on the reactions of some elected political leaders and correct mischaracterizations about this decision by some politicians.

WHO: Cindy Rank, Chair of the Mining Committee, West Virginia Highlands Conservancy Bo Webb, Board Member, Coal River Mountain Watch Chuck Nelson, Board Member and Retired Deep Miner, Ohio Valley Environmental Coalition Joe Lovett, Executive Director and Attorney, Appalachian Center for the Economy & the Environment Bill Price, Environmental Justice Program Organizer, Sierra Club TBD, Southern Appalachian Mountain Stewards TBD, Statewide Organizing for Community eMpowerment Also attending: Joan Mulhern, Senior Legislative Counsel, Earthjustice Jim Hecker, Environmental Enforcement Project Director and Attorney, Public Justice

WHEN: Wednesday, January 19, 2011 from 1:00 to 2:00 p.m. ET CALL INFORMATION Participants: (866) 548-2699 (no PIN required). Please wait for an available operator. Outside the U.S. & Canada: (904) 271-2009. Please wait for an available operator.

House Republicans waste no time in 2011, propose legislation to delay and block global warming protection

2011-01-07T08:01:00.037-05:00

Republicans strike first in 2011 and look to block EPA from enacting global warming related regulations.

Earthjustice did not take this lightly, firing that "these pieces of legislation are bad for the health of the American people, bad for American competitiveness in the global economy, bad for our national security, and bad for air quality across America."

Of course, republicans focused on the EPA's "job killing" regulations that "overreach." Apparently the EPA shouldn't be able to regulate carbon dioxide and methane under the Clean Air Act. Ohh, and they're going to kill the West Virginia economy.

But who should regulate CO2 and CH4 if not the EPA? I think we're beyond the point of no regulation, so why delay this?

ABA Business Law Section 2011 Diversity Clerkship

2011-01-06T11:05:00.002-05:00

Corporate attorneys need to know environmental law as well. Here's an opportunity for law students of diverse backgrounds who are interested in business law.

APPLICATION DEADLINE: JANUARY 21, 2011
ABA Business Law Section - 2011 Diversity Clerkship

Newly Knighted Cuomo "State of the State"

2011-01-05T18:43:00.004-05:00

Hi everyone! Welcome back! Happy New Years! Let's get right to it ---

NY's 56th governor, Andrew Cuomo, delivered his first "State of the State" address today. As expected, the main focus was the state of the economy.

The few worthy environmental issues included: creating green jobs; reducing pollution; furthering environmental justice; inviting the private market to participate in the "greening" of NY; and increasing the number of greenmarkets in NY's urban areas.

I wonder where he stands on hydro-fracking within the NY watershed...

For the "State of the State" video, click here.

The Environmental Symposium Series: Highlighting U.S.-Israel Research & Development Cooperation in Green Technology

2010-12-13T21:45:00.000-05:00

The Environmental Symposium Series: Highlighting U.S.-Israel Research & Development Cooperation in Green Technology
December 15, 2010 (4:00 pm)
Embassy of Israel, Washington, D.C.
The Embassy of Israel, the U.S.-Israel Science and Technology Foundation, and ZAG/S&W, an Israeli-U.S. law firm, have organized this third Environmental Symposium on the theme of U.S.-Israel cooperation in the development of clean energy technology and renewable energy sources. The program panelists will offer a variety of perspectives, including an executive of a GreenTech Incubator that is cultivating the development of Israeli technologies in the Commonwealth of Virginia, a State of Israel Economic Affairs Minister promoting trade and R&D cooperation, and a U.S. Department of Energy representative who oversees bi-national programs to facilitate the teaming of Israeli and U.S. companies on clean energy technology R&D projects.
Panel speakers include:
Assaf Vitman, Minister for Economic Affairs, Israel Ministry of Finance
David Lohr, Executive Director, Dominion Resources GreenTech Incubator
U.S. Department of Energy Representative, Energy Efficiency and Renewable Energy Division
Moderator:
Jeffrey M. Karp, Partner and Co-Leader of Climate-Related Business and Technology Practice, ZAG/S&W
This seminar is complimentary. Registration with full name and date of birth is required. To RSVP, please email the U.S.-Israel Science & Technology Foundation at eve@usistf.org. A photo ID is required to enter the Embassy. To speed the security process, bags and laptops are discouraged.

Criminal Charges for Brooklyn Businesses, Dumping Raw Sewage

2010-12-09T10:17:00.000-05:00

Four individuals and four businesses at a Brooklyn shopping center face criminal charges over dumping raw sewage and restaurant grease into Sheepshead Bay. The charges are punishable with charges of $75k per day and up to three years imprisonment.

Groups Applaud NY State Assembly for Passing a "Timeout" on Fracking for Natural Gas

2010-12-01T10:11:00.000-05:00

Yesterday, the New York State Assembly voted to protect NY's watershed by passing legislation that puts a timeout on hydraulic fracturing for natural gas. By passing this bill, A.11443, the Assembly has taken a stand, and recognizes the potential hazards of fracking activities.

The bill suspends the issuance of permits to hydraulically fracture natural gas wells in New York State until May 15, 2011.

For more info, check out this EarthJustice Press Release.

Norfolk, VA Prepares for Rising Sea Levels

2010-11-29T11:16:00.001-05:00

The city of Norfolk (Virginia) will not sit around and just wait for sea-levels to rise. Situated just west of the mouth of Cheasapeake Bay, it is bordered on 3 sides by water, and has, thus far, experienced the highest relative increase in sea level on the East Coast (14.5" since 1930).

I sure hope other coastal cities (ahem...NYC...) follow suit. This is not a drill, people!

Save the date! 2/9/10 @12:50pm - Mike Gerrard will be speaking!

2010-11-22T22:28:00.002-05:00

I know, I know. I'm being ridiculous, but I'm really excited about this one. Thank me later.
-----------------------------------
The NYLS Center for Real Estate Studies & the Environmental Law Society of NYLS invite you to---

Lunch with Michael E. Gerrard: Climate change, its impacts on New York and where lawyers fit into this whole mess.

Michael E. Gerrard is the leading legal-theorist on Climate Change and the Law. He is Director of Columbia Law School's Center for Climate Change Law, and teaches courses on environmental law, climate change law, and energy law.

He has written or edited eight books, including Global Climate Change and U.S. Law, the leading work in its field. His eighth book, The Law of Green Buildings (with Cullen Howe), was published in August 2010. Since 1986 he has been an environmental law columnist for the New York Law Journal.

Join us, as we discuss climate change.

Wednesday, February 9th / 12:50pm - 1:50pm / Room: TBD (but at NYLS)

Lunch will be provided.

------------------Please RSVP so that we don't waste food!------------------

NYC Dept. of Environmental Protection: We need Spring and Summer Interns!

2010-11-18T09:15:00.003-05:00

The NYC Department of Environmental Protection (DEP) is seeking law students interested in environmental and administrative law for legal intern positions (spring & summer). Only currently enrolled law students are eligible to apply for an internship. DEP is particularly interested in students planning careers in the public sector or seeking experience in environmental and administrative law.

DEP legal interns will have the opportunity to work on a number of legal and administrative issues, including: statutory research, conducting administrative hearings before the Environmental Control Board (ECB), drafting appeals against adverse ECB decisions, and assisting DEP attorneys on any matters that may arise.

Spring Internships are unpaid, part-time positions (no more than 20-hours per week based on your schedule). Summer Internships are 10-to-12 week full-time positions. Funding may be available for the summer positions, either through DEP directly or your school's financial aid office.

For more information, please contact Jose Almanzar (jose.almanzar@law.nyls.edu).

DEP Mission Statement

The NYC-DEP is a City agency of nearly 6,000 employees that manages and conserves the City's water supply; distributes more than one billion gallons of clean drinking water each day to nine million New Yorkers and collects wastewater through a vast underground network of pipes, regulators and pumping stations; and treats the 1.3 billion gallons of wastewater that New Yorkers produce each day in a way that protects the quality of New York Harbor. To achieve these mandates, DEP oversees one of the largest capital constructions programs in the region. As the City agency responsible for New York City's environment, DEP also regulates air quality, hazardous waste, and critical quality of life issues, including noise.

Corporations Aren't People

2010-11-17T15:58:00.001-05:00

The Community Environmental Legal Defense Fund has been working for years to teach communities how to reclaim their rights from major corporations. On November 16, they won a major victory.

This morning, the Pittsburgh City Council became the first municipality in the United States to ban natural gas extraction within its boundaries. The ordinance isn’t just a ban – it consists of a new Bill of Rights for Pittsburgh residents (which includes a right to water along with rights for ecosystems and nature), and then proceeds to ban those activities – including natural gas extraction - which would violate those rights.

The CELDF has promoted a number of legal measures for use by small, resource-rich, communities over the years, including stripping corporations of their legal personhood and guaranteeing constitutional rights for the natural environment. While "Pittsburgh's Community Protection from Natural Gas Extraction Ordinance" does not attempt to overturn the manifold rights of personhood guaranteed to corporations, it does protect the right to water, the rights of natural communities, the right to self-government, and the people as sovereign.

The City Council of Pittsburgh finds that the commercial extraction of natural gas in the urban environment of Pittsburgh poses a significant threat to the health, safety, and welfare of residents and neighborhoods within the City. Moreover, widespread environmental and human health impacts have resulted from commercial gas extraction in other areas. Regulating the activity of commercial gas extraction automatically means allowing commercial gas extraction to occur within the City, thus allowing the deposition of toxins into the air, soil, water, environment, and the bodies of residents within our City.

Meaningful regulatory limitations and prohibitions concerning Marcellus Shale natural gas extraction, along with zoning and land use provisions, are barred because they conflict with certain legal powers claimed by resource extraction corporations. The City Council recognizes that environmental and economic sustainability cannot be achieved if the rights of municipal majorities are routinely overridden by corporate minorities claiming certain legal powers.

Industry representatives have, predictably, attacked the ban as "short-sighted," while

City Councilman Doug Shields, the bill's sponsor, talked about what he called the "arrogance of this industry" that he said puts money ahead of trying to figure out the health, environmental and municipal effects of drilling.

Buffalo's City Council was set to vote on a similar ordinance on November 10, while another ban was rejected in Fort Worth. Good start.

EPA Releases the 2010 Fuel Economy Trends Report

2010-11-17T13:19:00.003-05:00

Carbon dioxide decreases as fuel economy increases

WASHINGTON - For the sixth consecutive year, the U.S. Environmental Protection Agency (EPA) is reporting a decrease in average carbon dioxide (CO2) emissions and a slight increase in the average fuel efficiency for new cars and light duty trucks, according to EPA’s annual report “Light-Duty Automotive Technology, Carbon Dioxide Emissions, and Fuel Economy Trends: 1975 through 2010”.

EPA projects a small improvement in 2010, based on pre-model year sales estimates provided by automakers, to 395 grams of CO2 per mile and 22.5 miles per gallon (mpg), though there is uncertainty in these projections as they were made during the atypical automotive market in 2009. The 2010 final data will be available in next year’s report.

For 2009, the last year EPA has final data from automakers, the average CO2 emissions from new vehicles were 397 grams per mile and the average fuel economy value was 22.4 mpg.

See below for more on this report...

The report confirms that average CO2 emissions have decreased and fuel economy has increased each year beginning in 2005. Average CO2 emissions have decreased by 64 grams per mile, or 14 percent, and average fuel economy has increased by 3.1 mpg, or 16 percent, since 2004. The positive trend beginning in 2005 reverses a long period of increasing CO2 emissions and decreasing fuel economy from 1987 through 2004.

The annual report provides data on the CO2 emissions, fuel economy and technology characteristics of new light-duty vehicles (cars, minivans, sport utility vehicles, and pickup trucks).

The CO2 emissions and fuel economy values reflect EPA’s best estimates of real world CO2 emissions and fuel economy performance. They are consistent with the fuel economy estimates that EPA provides on new vehicle window stickers and in the fuel economy guide. These real world fuel economy values are about 20 percent lower, on average, than those used for compliance with the corporate average fuel economy (CAFE) program.

More information on the 2010 report: http://www.epa.gov/otaq/fetrends.htm

2010 Green Scissors Report

2010-11-14T11:58:00.001-05:00

This annual report identifies existing federal subsidies and programs that harm our environment and economy. For the 2010 fiscal year, the Friends of Earth have found "more than $200 billion in wasteful government subsidies that are damaging to the environment and harmful to consumers."

This in-depth and comprehensive report explores four sectors that, for a long time, have received billions upon billions in tax subsidies that eventually harm our environment and consumers.
-Energy (oil & gas, coal, nuclear)
-Agriculture & Biofuels (commodity crops, market access program, ethanol and other biofuels)
-Infrastructure (Army Corp of Engineers, transportation)
-Public Lands (hardrock mining, timber subsidies, grazing)

Republican and Democrats alike must come together and stop these wasteful programs and subsidies, for the sake of our pockets and our environment.

Halliburton Subpoenaed After Failing to Meet EPA’s Voluntary Requests for Information

2010-11-10T17:45:00.003-05:00

The EPA announced yesterday that eight of nine U.S. companies that deal in hydraulic fracturing (aka "fracking") for natural gas extraction will work with the agency in studies on fracking. Who was the ninth? Of course, our old friends, Halliburton.

Halliburton has failed to provide EPA the information necessary to move forward with this important study. As a result, and as part of the Agency's effort to move forward as quickly as possible, today EPA issued a subpoena to the company requiring submission of the information that has yet to be provided.

What a shady bunch of characters, that Halliburton. Then again, the company is a perfect fit for someone like Mr. Dick Cheney. I guess shady companies invite shady individuals.

Next Week's Breakfast Forum - Building for New York's Future with Joseph B. Rose‏

2010-11-10T13:28:00.004-05:00

Professors Andrew R. Berman and Ross Sandler cordially invite you to a Breakfast Forum on

Building for New York's Future

Co-sponsored by the Center for Real Estate Studies and the Center for New York City Law

Keynote Speaker: Joseph B. Rose, Partner, The Georgetown Company and Former Chairman, NYC Planning Commission

Date/Time: Wednesday, November 17, 2010 from 8:15-9:30 a.m.
Location: New York Law School, 185 West Broadway, between Leonard and Worth Streets

Registration: Online by clicking the invitation image below OR calling 212-431-2135

Work for Earthjustice Northeast! Summer 2011 Interns Wanted!

2010-11-09T17:07:00.004-05:00

Earthjustice’s Northeast regional office (in New York City) is hiring full-time legal interns for the summer of 2011. Students who have completed at least two years of law school are preferred.

Legal interns work under the direct supervision of attorneys in the development and prosecution of environmental litigation and other advocacy. In general, the intern becomes a participant in the process of researching, investigating, preparing, and prosecuting environmental lawsuits. Virtually all interns undertake legal research, write memoranda, and help evaluate factual issues. Depending upon the needs of the case and the experience of the intern, attendance at client meetings, court appearances, meetings with public agency representatives, and drafting of pleadings, briefs, and discovery documents may be part of the internship experience. Interns are included in staff meetings and are invited to attend informal topical discussions and social events.

See below for Qualifications and Application Procedure.

Qualifications: Applicants must have excellent research, analysis, and writing skills; initiative, commitment, attention to detail, and an ability to meet deadlines are essential. A strong interest in environmental issues is a plus.

Application Procedure: Offers are made on a rolling basis, so applications should be submitted as soon as possible. Please send a cover letter, resume, legal writing sample, and names and contact information of three references (including at least one law professor or legal employer) by e-mail to: eajusny@earthjustice.org. Subject line should read: Summer 2011 Intern Application.

Earthjustice is an equal opportunity employer and encourages applications from women, people of color and other members of under-represented groups who will contribute to the diversity of its staff.

New Speaker, Old Mentality

2010-11-08T16:03:00.021-05:00

"I voted in the 2010 mid-term elections, and all I got was this lousy Boehner." I want this on a t-shirt. Someone please mass produce. I will pay you $25.

It's true. Nancy Pelosi will be out and it's reported that John Boehner (should be pronounced "boner"), will be knighted as the new Speaker of the House. No surprise that the republican from Ohio "fought bitterly" against the cap-and-trade bill that was passed by the House last year.

"The idea that carbon dioxide is a carcinogen that is harmful to our environment is almost comical," Mr. Boehner told ABC News in an April 2009 interview. "Every time we exhale, we exhale carbon dioxide. Every cow in the world, you know, when they do what they do, you've got more carbon dioxide."

No, Mr. Boehner. That's not comical. What's comical is that you think CO2 emissions and a cap-and-trade regulatory scheme have to do with cancer. That, along with the pronunciation of your last name.

Simultaneous Nuclear Emergencies a "Coincidence"

2010-11-08T15:33:00.000-05:00

The Entergy Indian Point Energy Center is seen from across the Hudson River September 24, 2002. (Photo by Monika Graff/Getty Images)

Two nuclear power plants operated by Entergy Corp. have been shut down due to near-simultaneous incidents the company has described as coincidental. The Vermont Yankee plant in Vermont shut down one of its two reactors Sunday evening after a leak of radioactive water was detected. This is not the first such problem at Vermont Yankee:

In January, officials announced that tritium, a radioactive isotope of hydrogen that has been linked to cancer when ingested in large amounts, had turned up in a test well on Vermont Yankee's property on the banks of the Connecticut River in Vernon. Later, other radioactive substances were found to have leaked into groundwater and soil surrounding the plant.

Also in January, legislators learned that Vermont Yankee personnel had misled them and state regulators by saying Vermont Yankee did not have the type of underground piping that would leak tritium.

In February, the state Senate voted to kill a bill to allow regulators to issue a new state license for Vermont Yankee to operate after 2012, when the plant's current state and federal licenses expire. Lawmakers could revisit the issue in their session next year.

Entergy has been trying to find a buyer for the thirty-eight year-old plant after the Vermont Senate voted not to allow it to seek relicensing in 2012.

The second shutdown occurred at Indian Point, twenty-five miles north of New York City, after a transformer exploded at the plant.

The explosion happened after 6:30 p.m. and triggered an alert at one of the plant's two main electrical transformers, said officials with Entergy Corp., the plant's owner. An alert is the second-lowest of four classification levels for emergency events.

The alert ended at around 10:20 p.m., but workers would continue to monitor the transformer, Entergy spokesman Jim Steets said.

The affected reactor, Indian Point 2, would remain offline until investigators determined the cause of the explosion, Steets said. The reactor began operating in 1973 and generates about 1,000 megawatts of electricity.

The plant's other main reactor, Indian Point 3, was operating normally, he said. Indian Point 1 was shut down in 1974 because the emergency core cooling system failed to meet regulatory requirements.

Also recently in the news, the predictable consequences of operating aging nuclear power plants for, and past, their life expectancy have been plaguing the Oyster Creek facility in New Jersey.

The Vacuum from the Sea

2010-11-04T10:45:00.001-04:00

Remember that huge Island of garbage in the Pacific Ocean? Well one company is actually doing something about it by taking the adrift plastic and turning it into something usable by consumers.

Enter: the Electrolux Vac from the Sea

To read more about this product click on this link: http://links.everyguyed.com/87aa77433c933d56/?web=35eb38&dst=http%3A//leberpr.com/blog/%3Fp%3D931%23

Protecting and Licensing Green Energy Technologies Speaking Engagement

2010-11-04T10:08:00.004-04:00

Greentech Committee meeting on Monday, November 15, 2010 at 12:30 pm. Rory Radding will be hosting the meeting (see address below). Lunch will be provided, courtesy of Rory and Morrison & Foerster, LLP.

Discussion Topic:

REVISED: “Protecting and Licensing Green Energy Technologies.” Speaker - Alex Sousa, in house counsel at Innovalight, Inc.

Call-in Information for Phone Participants: Please call 800-650-4949 at 12:45 pm and use pass code 4688146#

Location of Meeting:

Rory J. Radding, Esq.
Partner
Morrison & Foerster, LLP
Conference Room on 43rd Floor
1290 Avenue of the Americas (at 51st St) New York, NY 10104-0185
Telephone (212) 468-8146
Secretary Telephone: Sally McFarland (212) 336-4059

Security Check-in at Morrison & Foerster:

1) Attendees must RSVP today to Naomi Pitts at npitts@nysba.org so that the names can be provided at Morrison & Foerster security. Unfortunately, unexpected attendees will not be admitted by Morrison & Foerster security.

2) All attendees must show a photo ID to the lobby security desk upon arrival.

3) Take the Elevator to 39th Floor receptionist area where you will be provided with an escort to the conference room on the 43rd Floor.

Join Committee:

If you would like to join this newly formed committee, please contact Naomi Pitts at npitts@nysba.org.

Greentech Committee Co-Chairs:

Rory J. Radding
Tel: 212-790-6511
E-Mail: rradding@mofo.com

Gaston Kroub
Tel: (212) 801-2126
E-Mail: kroubg@gtlaw.com

November 4th: NYLS Center for Real Estate Studies Master Class on Preservation (12:50pm-2pm)

2010-11-03T14:16:00.003-04:00

You preservation junkies should enjoy this one. And there's free pizza lunch involved! Win-win!

The New York Law School Center for Real Estate Studies (CRES) will be hosting another one of its Master Class Series this Thursday, November 4th from 12:50pm-2pm in W320.

See full details below.

Master Class: Balancing Progress with Preservation - A Discussion with Chief Counsel of NYC's Landmarks & Preservation Commission.

Speaker: Mark Silberman, Chief Counsel, NYC Landmarks & Preservation Commission and NYLS Adjunct Professor

Location: Room W320

Date: Thursday, November 4, 2010

Time: 12:50pm FREE PIZZA LUNCH, 1pm Discussion

PLEASE RSVP TO RealEstateRSVP@nyls.edu

Research and Environmental Policy Opportunity!

2010-11-01T17:15:00.000-04:00

There are 3 things you should know about New York City over the next 25 years: (1) We will be getting BIGGER; (2) our infrastructure will be getting OLDER; and (3) our environment will be AT RISK. PlaNYC 2030 is a comprehensive sustainability plan for New York that addresses each of these challenges.

The Mayor's Long Term Planning and Sustainability Office wants to update PlaNYC 2030 and has reached out to us, the ELS of NYLS, for help.

We are looking for INTERESTED STUDENTS to work with us on this project.

We are still in the planning stage, but anticipate beginning on this project in early January 2011 (with a chance of starting even earlier). Before proceeding we need to gauge student interest, so...

If you ARE INTERESTED in tackling this research project with us and want more information, please contact Dorian Iafeliece (dorian.iafeliece@law.nyls.edu) by Monday, Nov. 8th, 2010. Students interested in sustainable development, green infrastructure and environmental law are encouraged to join us.

You will get an opportunity to work with top New York City Officials on how to make NYC are greener and better city to live in!

TV manufacturers will have to disclose energy-use data, starting 2011

2010-11-01T08:23:00.001-04:00

I wonder how much of a fight the big TV manufacturers (Sony, Samsung, et al.) put up against this FTC regulation...

In the consumer-based economy that we live in, this type of disclosure rule is essential before we move towards sustainable living. We should be doing this for most appliances. I like the fact that the FTC is on board.

More internships! NY State Dept. of Environmental Conservation (Albany, NYC)

2010-10-28T15:30:00.010-04:00

The New York State Department of Environmental Conservation ("DEC") is looking for law-student interns to work within 2 of its legal departments. Those interested in environmental law, administrative law or New York State law, you are strongly encouraged to apply.

DEC's Central Office (Albany, NY) and Region 2 Office (Long Island City, NY) are seeking 2L and 3L legal interns.

DEC Central Office (Albany, NY): DEC's Central Office is in Albany. Its large legal department (70+ attorneys) handles all of the Department's legal concerns. Interns will have opportunities to work on a number of legal matters, including research, drafting orders and enforcement hearings.

To apply for a fall, spring or summer legal internship with DEC-Central Office, please send a resume and cover letter to Caren Spreitzer (cespreit@gw.dec.state.ny.us). Writing samples are not mandatory but if you include one, please keep it to less than 5 pages.

NOTICE: FOR CENTRAL OFFICE SUMMER 2011 INTERNSHIPS, APPLICATION PERIOD BEGINS AFTER JANUARY 1ST. DECISIONS WILL BE MADE IN MID-MARCH. PLEASE DO NOT SEND CORRESPONDENCES BEFORE JANUARY 1ST.
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DEC Region 2 (Long Island City, NY): DEC Region 2 oversees state environmental activities in New York, Bronx, Queens, Kings and Richmond counties. Its small team of 7 attorneys review permits, enter into consent decrees (settlements), and other legal and administrative functions that impact our environment in the Region.

Region 2- Fall/Spring Semesters: Fall and spring ("F&S") interns work part-time, roughly 12-hours per week (normally an 8-hour day and a 4-hour day each week). F&S interns will be assigned to one of the regional attorneys and will work on all legal matters and cases that the attorney is working on.

To apply for a spring or fall legal internship with DEC-Region 2, please send a resume and cover letter to John Byrne (jfbyrne@gw.dec.state.ny.us). The cover letter should answer any (or as many) of the following questions:
-why are you interested in environmental law?
-why are you interested in working for DEC?
-what academic courses have you taken that are relevant to DEC?
-what work experience do you have that is relevant to DEC?

Region 2 Summer (1st Monday of June - July/August): Summer interns work full-time, beginning the first week of June (for 2011, it will be June 6th). Summer interns generally work through July and into August. Summer inters, like F&S interns, will be assigned to one of the regional attorneys and will work on all legal matters and cases that the attorney is working on.

To apply for a summer internship with DEC, please send a resume and cover letter to John Byrne (jfbyrne@gw.dec.state.ny.us). The cover letter should answer the same question(s) as the cover letter for the F&S internships (above).

NOTICE: DEC-Region 2's main source for summer interns is NYU's annual Public Interest Fair. It is highly recommended that law students seeking a summer internship with DEC-Region 2 ALSO attend the NYU career fair in addition to submitting documents to Mr. Byrne.

Dilution's the solution!

2010-10-27T17:22:00.000-04:00

The Oyster Creek nuclear power plant's operating license was due to expire in early 2009. The Nuclear Regulatory Commission deemed the plant good to go for another 20 years, despite some serious questions regarding the integrity of the drywell containment shell (think big metal can that keeps the bad stuff in). Not two weeks after relicensing, tritium (carcinogen, half-life: 12.3 years) turned up in local groundwater outside the plant.

The spill at Oyster Creek - the nation's oldest, continuously operating nuclear plant - measured as high as 6 million picocuries in some monitoring wells, about 300 times the level the federal Environmental Protection Agency considers unsafe for drinking water. Since then, some of the drawn samples have fallen to safe levels during the past year, even without human intervention.

In response to public outcry, Exelon, the plant's owner-operator, promised to address the problem immediately (read: whenever they felt like it?). So it is that almost 18 months later, the company has finally arrived at a winning solution to a problem that has already leaked upwards of 180,000 gallons of tritium tainted water. Pump contaminated groundwater back into the plant, use it in the cooling process, and then discharge it with the flood of cooling water into public waterways. (Aside: When did we stop arguing about closed cycle cooling?)

"This water will be extensively diluted as it cycles through the plant. The amount of tritium released will be indiscernible from background radiation levels," Benson said. "It won't impact the discharge canal or the Barnegat Bay."

Cap'n trade detractors, rejoice!

2010-10-26T14:25:00.000-04:00

Carbon offsets and international trading have long been weak links in cap and trade scheming. Ensuring that offsets generated abroad are legitimate is a mammoth undertaking, particularly when they come from areas with notoriously lax environment oversight. Now, the European Commission is set to ban carbon permits generated by Chinese industrial gas entities from trading inside the E.U.

The European commission is planning to clamp down on a £1.6bn carbon trading scam. The use of carbon permits from industrial gas projects in China could be banned because of their "total lack of environmental integrity", the climate change commissioner, Connie Hedegaard, has told the Guardian.
Billions of euros' worth of the controversial permits were used between 2008-09 in the European Union's emission trading scheme (ETS), in which companies must exchange pollution permits for any emissions produced. The ETS allows some of those permits to be bought in from developing countries.

U.S. proponents of cap and trade as a means to control domestic carbon emissions have looked to the ETS as a model for the successes, and undoubtedly pitfalls, of implementing market-based approaches to environmental regulation. The ETS is the largest multi-national carbon trading scheme in the world. The E.C. reports that their scheme has created certain perverse incentives, in this instance the building of carbon-generating facilities in China and India for the purpose of creating negotiable carbon permits.

DOT, EPA Propose the Nation’s First Greenhouse Gas and Fuel Efficiency Standards for Trucks and Buses

2010-10-25T15:29:00.002-04:00

EPA and DOT logos (2010)

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) today announced the first national standards to reduce greenhouse gas (GHG) emissions and improve fuel efficiency of heavy-duty trucks and buses. This comprehensive national program is projected to reduce GHG emissions by about 250 million metric tons and save 500 million barrels of oil over the lives of the vehicles produced within the program’s first five years.

EPA and DOT’s National Highway Traffic Safety Administration (NHTSA) are proposing new standards for three categories of heavy trucks: combination tractors, heavy-duty pickups and vans, and vocational vehicles. The categories were established to address specific challenges for manufacturers in each area. For combination tractors, the agencies are proposing engine and vehicle standards that begin in the 2014 model year and achieve up to a 20 percent reduction in carbon dioxide (CO2) emissions and fuel consumption by 2018 model year.

External Pressure Builds on CA Climate Change Initiative

2010-10-25T13:09:00.000-04:00

With federal legislation on climate change stalled, the fight rages over whether California's own climate change law will be overturned by Proposition 23, on the ballot next week.

On Friday, Tesoro and Valero, the Texas oil companies that are largely funding Prop 23, contributed $1.5 million to the campaign in the first seven-figure donation since Sept. 2, when the billionaire Koch brothers dropped $1 million into campaign coffers, according to California Secretary of State records.

Check out this N.Y. Times article dishing on the longterm political maneuverings of influential billionaires Charles and David Koch.

Minority Fellowships in Environmental Law

2010-10-25T08:50:00.005-04:00

This fellowship program is designed to encourage minority law students to enter the field of environmental law.

Presented by: NYSBA Environmental Law Section

Co-Sponsored By: NYC Bar Association Committee on Environmental Law and the ABA Section of Environment, Energy, and Resources.

Nomination Deadline: November 19, 2010

Contact: Lisa Bataille

Date Presented: Annual Meeting - January 28, 2011

Award Criteria: Minority law students -- first-year, second-year and third year (evening only) -- are eligible for the fellowship program if they are either enrolled in a New York law school or were permanent residents of the state and enrolled in a law school in the United States. As fellows, they also participate in activities of the state and city bar associations.

Prize Awarded: $6,000 for use during the summer while working on environmental cases for government or not-for-profit law offices.

Click to view the application (pdf).

Click to view the informational flyer (pdf).

Previous Award Recipients

Return to Awards List

Searching For Science In Marcellus Shale Decisions (Law360)

2010-10-25T08:25:00.006-04:00

-Image: Geology.com

Law360, New York (October 20, 2010) -- Along with lower energy costs and new jobs, investment in the development of natural gas resources in the Marcellus Shale formation in Pennsylvania has brought claims of groundwater contamination and litigation to the commonwealth. Marcellus Shale development has also precipitated increased scrutiny by federal and state lawmakers and regulators.
Critical and scientific evaluation of reports and other information concerning the potential link between Marcellus Shale production activities and environmental problems is essential to reasoned decisions in the courtroom and in setting public policy for this industry.

Recently, 13 families in Lenox Township, Pa., filed a lawsuit in Susquehanna County Court in which they allege that hydraulic fracturing — a natural gas production method that involves pumping fluid and sand into a rock formation under pressure to open cracks in the rock and allow gas to flow to a well — has contaminated their drinking water supply and made them ill.
In support of their claims, the families cite the results of testing performed on their water wells which show elevated levels of barium, manganese, strontium and iron.[1]
Seventeen families in Dimock, Pa., have filed a lawsuit for contamination of their water supply. They claim that drilling and operation of natural gas wells near their homes caused methane and various chemicals to flow into their wells.[2]
A Washington County resident has claimed that hydraulic fracturing of gas wells on his property resulted in elevated levels of arsenic, benzene and naphthalene in his groundwater.[3]
Media reports of landowner complaints alleging problems with drinking water wells due to nearby Marcellus Shale operations abound. Like the lawsuits, reports by media leave one with the impression that Marcellus Shale drilling and production operations have caused widespread problems.
In fact, the Pennsylvania Department of Environmental Quality (PA DEP) has found that the opposite is true. The PA DEP’s Marcellus Shale Fact Sheet notes, “Disruption of water quality or flow in water wells from drilling activities is often rare and generally temporary.”[4]
PA DEP Secretary John Hanger has also observed that his office has not found any instance in Pennsylvania where hydraulic fracturing fluids injected into the Marcellus Shale have contaminated an underground source of drinking water.[5] In addition, according to Secretary Hanger, problems with gas migration into water wells are not new or the unique result of Marcellus Shale drilling.[6]
THE CASE FOR REASON AND SCIENTIFIC INVESTIGATION
Speculation about a possible connection between hydraulic fracturing and groundwater contamination, and the potential for Marcellus Shale production to generate waste containing naturally occurring radioactive materials (NORM) have fueled opposition to drilling, production and waste management practices, as well as lawsuits.
For example, the State of New York imposed a moratorium on new drilling in the Marcellus Shale formation.[7] In justifying the moratorium, the bill’s sponsor noted only possible, but unidentified, “catastrophic effects on our natural resources and families” and concluded, without support, that hydraulic fracturing chemicals injected into the Marcellus Shale formation “work their way into the regular water supply.”[8]
The Delaware River Basin Commission also imposed a de facto moratorium on drilling, requiring that all natural gas extraction projects in shale formations within designated areas of the basin receive commission approval; approvals will not be granted until after the commission adopts new rules.
In announcing this policy, the Delaware River Basin Commission executive director noted simply that natural gas extraction projects in the Marcellus Shale formation in areas of the basin “may individually or cumulatively affect the water quality ... by altering ... physical, biological, chemical or hydrological characteristics” of waters in those areas.[9]
So far, the U.S. Environmental Protection Agency has responded to recent concerns regarding the impact of hydraulic fracturing on human health and the environment in a deliberate manner.
Presently, although subject to regulation by state oil and gas and state, and some federal, environmental regulations, hydraulic fracturing and management of those fluids is exempt from the EPA’s authority pursuant to the Safe Drinking Water Act. The Energy Policy Act of 2005 specifically excluded underground injection for purposes of hydraulic fracturing from regulation under the Safe Drinking Water Act, except where it involves injection of diesel fuels.[10]
Nevertheless, prompted by recent public concerns regarding hydraulic fracturing, Congress instructed the EPA to conduct a scientific study to investigate the possible relationships between hydraulic fracturing operations and drinking water.[11]
The mandated study is not the EPA’s first effort to evaluate hydraulic fracturing’s potential impact on drinking water. Between 1997 and 2004, the EPA investigated the potential impacts to drinking water from hydraulic fracturing in coalbed methane reserves.
The EPA’s investigation included review of more than 200 peer-reviewed publications, interviews with 50 employees from state or local government agencies and input from approximately 40 citizens who expressed concern that coalbed methane production had impacted their drinking water wells.[13] The EPA found no evidence suggesting that the fracturing of shallow coalbed methane wells had contaminated drinking water wells.
Given the significant investment in planning and efforts to solicit input regarding the study’s design and scope,[14] the EPA’s new study promises to yield scientifically reliable data concerning the costs and benefits of Marcellus Shale development. Such data is vital to reasoned policy and judicial determinations.
USING RELIABLE DATA AND METHODS TO ADDRESS GROUNDWATER CONTAMINATION CLAIMS
When groundwater contamination claims reach the pretrial motion and trial stage, state and federal court rules for admission of expert opinions and requirements for proof of elements of groundwater claims should serve as a limit on the influence of media reports and political agendas on the outcome of these cases.
Courts applying Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), examine whether scientific evidence will assist the trier of fact and whether the evidence is the product of a reliable and scientifically valid methodology. Pennsylvania courts use a different, but related standard, outlined in Grady v. Frito-Lay Inc., 839 A.2d 1038 (2003) (holding that scientific evidence is admissible if the methodology underlying it has general acceptance in the relevant scientific community and that judges should be guided by scientists when assessing the reliability of a scientific method).
These rules prevent the admission of scientific evidence which is not the reliable product of generally accepted scientific methods and exclude consideration of opinions offered by unqualified lay persons.
Litigants should not be permitted to recover damages for groundwater contamination simply by demonstrating that Marcellus Shale operations occurred near their property and that their wells contain elevated concentrations of certain contaminants. Additional evidence is necessary, including proof of a potential pathway between the Marcellus Shale and the water well.
Modeling of the possible movement of Marcellus Shale fluids or gas to a water well can be used to evaluate the potential path that the fluids or gas follow, how a path was created, and the rate at which fluids or gas are capable of moving through rock formations or soil.
Petroleum engineers and hydrogeologists can examine gas well records and permits to evaluate operational issues, such as the performance of the well and the effect of drilling and production on the underground pressure in the rock formation. Geologists can provide information about the type and characteristics of the rock formations in the area, and determine whether it is possible or likely that fluids from deep in the ground could have migrated from one rock formation into another.
Geologists can also help locate old, improperly closed or abandoned wells or coal mines which could be pathways for methane gas and other substances to contaminate drinking water wells.
Many of the substances which claimants allege are present at elevated concentrations due to Marcellus Shale production operations occur naturally or as the result of other common activities, such as farming; handling and disposal of common materials such as gasoline, household trash or sewage; or other industrial operations near the property, including coal mining.
Therefore, it is important to obtain as much information as possible regarding other potential sources for contaminants allegedly detected in drinking water.
Using standard sampling plans, methods and laboratories which have been reviewed and approved by the Pennsylvania Department of Environmental Protection or other relevant authoritative agency will help to ensure that field data are reliable and admissible.
Chemical concentrations in wells subject to litigation should be compared with corresponding concentrations in wells which are believed to be unaffected by hydraulic fracturing. For example, regarding barium, one of the contaminants identified by the Lenox Township claimants, the EPA has noted that the drinking water of “communities in Illinois, Kentucky, Pennsylvania, [and] New Mexico contains concentrations of barium that may be 10 times higher than the drinking water standard. The source of these supplies is usually well water."[15]
This observation was also reported many years before efforts to produce gas from the Marcellus Shale.[16] Likewise, exceedances of drinking water standards of substances such as iron, total dissolved solids, manganese and low pH in groundwater quality testing in Pennsylvania have been determined to be the result of naturally elevated concentrations of those substances.[17]
Scientific evidence and expert testimony will also play a significant part in deciding claims that exposure to contaminants from natural gas operations has caused residents to experience various illnesses or adverse health effects. In evaluating those claims it is helpful to establish thorough health histories for claimants and to identify for each claimant relevant occupational, lifestyle and environmental exposures to agents other than the alleged contaminants.
This information may reveal the most likely cause of a claimant’s alleged disease. Medical doctors can assist with analyzing these data and performing differential diagnoses.
To prevail on a claim for injury based on exposure to a contaminant, a claimant must produce more proof than test results showing that constituents in his water well exceed a regulatory standard. First, the claimant must demonstrate that one or more of the contaminants to which he was exposed has been identified as a potential cause of his alleged injury or disease.
For example, Lenox County residents claim that at least one plaintiff has suffered from neurological symptoms due to contamination of drinking water by barium, magnesium and strontium.[18] However, the EPA has not reported that these substances have been shown to cause neurological symptoms in humans. An expert toxicologist can evaluate the findings of health effects studies and offer testimony regarding the extent to which the studies may support a conclusion that alleged contaminants can cause adverse health effects in humans.
In addition to showing that one or more of the contaminants found in his well have been identified as a cause of his alleged injury, a claimant must also demonstrate that his exposure to one or more of those contaminants was more likely than not the cause of his alleged injury. In most cases, a claimant must offer evidence of the amount of his exposure to the contaminants.
The estimated exposure can then be compared to exposure levels reported in studies of groups of people who have been exposed to the same agent and were observed to have suffered from illnesses or diseases associated with that agent.
This evidence must be offered through an expert who is experienced and qualified to evaluate the claimant’s potential exposure to the alleged contaminants, and an expert who can competently diagnose the claimant as exhibiting signs of exposure to the substance.
CONCLUSION
The success of efforts to explore and develop Marcellus Shale natural gas resources progress depends on continued critical and scientific evaluation of information concerning all aspects of this enterprise, including the appropriate level of regulation, best practices for producers and allocation of resources to address environmental impacts and potential health effects.
--By Lynn K. McKay, Blank Rome LLP
Lynn McKay (McKay@BlankRome.com) is a partner in Blank Rome's Washington, D.C., office.
Blank Rome’s attorneys are involved in investigating, researching and counseling clients on matters involving the Marcellus Shale.
The opinions expressed are those of the author and do not necessarily reflect the views of the firm, its clients or Portfolio Media, publisher of Law360.
[1] Suzanne Berish, et al., v. Southwestern Energy Production Co., et al., Susquehanna County Court of Common Pleas, Commonwealth of Pennsylvania, No. 2010-1882CP, Complaint, ¶¶ 16 and 18.
[2] “Residents Charge Natural Gas Company with Chemical and Methane Releases,” BNA Toxics Law Reporter, 24 TXLR 1349, Dec. 3, 2009.
[3] Janice Crompton, “Residents reported gas odors before explosion,” Pittsburg Post-Gazette, April 1, 2010. [4] Pennsylvania Department of Environmental Protection, “Marcellus Shale Fact Sheet,” January 2010, p. 2. [5] Donald Gilliland, “Pennsylvania Department of Environmental Protection chief defends regulation of Marcellus Shale drilling,” The Patriot-News, Sept. 11, 2010.
[6] Id. [7] Mike Soraghan, “Northeast Regulator Lightens Shale Drillers’ Load,” The New York Times, Sept. 17, 2010. [8] Antoine M. Thompson, “Senator Antoine Thompson, Residents & Advocates Urge Moratorium on Gas Drilling Which Could Pollute New York’s Drinking Water,” Press release, Aug. 17, 2010.
[9] Carol R. Collier, “Determination of the Executive Director Concerning Natural Gas Extraction Activities in Shale Formations Within the Drainage Area of Special Protection Waters,” Delaware Basin Commission, May 19, 2009. See also, Mike Soraghan, “Obama Admin Rejects Timeout for Natural Gas Drilling in N.Y., Pa.,” The New York Times, Sept. 22, 2010.
[10] Mary Tiemann, “Safe Drinking Water Act (SDWA): Selected Regulatory and Legislative Issues,” Congressional Research Service Report for Congress, April 22, 2010, p. 18.
[11] Request for Nominations of Experts for the SAB Hydraulic Fracturing Review Panel 75 Fed. Reg. 42087 (July 20, 2010).
[12] U.S. Environmental Protection Agency, “Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs; National Study Final Report,” Fact Sheet, June 2004, p. 2.
[13] Id. [14] See, e.g., Informational Public Meetings for Hydraulic Fracturing Research Study, 75 Fed. Reg. 35023 (June 21, 2010), Request for Nominations of Experts for the SAB Hydraulic Fracturing Review Panel 75 Fed. Reg. 42087 (July 20, 2010), Notification of a Public Meeting of the Science Advisory Board; Environmental Engineering Committee Augmented for the Evaluation and Comment on EPA’s Proposed Research Approach for Studying the Potential Relationships Between Hydraulic Fracturing and Drinking Water Resources, 75 Fed. Reg. 13125 (March 13, 2010).
[15] U.S. Environmental Protection Agency, “Technical Factsheet on: Barium.” [16] See, Safe Drinking Water Committee, National Research Council. Drinking Water and Health, vol.1. National Academy of Sciences (Washington, D.C., 1977), p. 231.
[17] S. Reese, and J. Lee, “Summary of Groundwater Quality Monitoring Data (1985-1997), Pennsylvania’s Ambient and Fixed Station Network (FSN) Monitoring Program, Selected Groundwater Basins in Southwestern, Southcentral and Southeastern Pennsylvania,” Commonwealth of Pennsylvania Department of Environmental Protection, June 1998, pp. 1-2 and 21.
[18] Suzanne Berish, et al., v. Southwestern Energy Production Co., et al., Susquehanna County Court of Common Pleas, Commonwealth of Pennsylvania, No. 2010-1882CP, Complaint, ¶¶ 16 and 18.e.

DRBC Again Delays Rules Covering Natural Gas Drilling

2010-10-24T19:18:00.008-04:00

The Delaware River Basin Commission is again delaying the release of rules covering the drilling of natural gas within the watershed.

In a statement, the commission announced that the proposed regulations, which were to be unveiled in September and then were delayed until mid-October, now won't come for at least another month. The commission said the delay was to give staffers time to ensure that it minimizes bureaucratic overlap with other regulators.

"The commissioners are working with staff to continue refining the draft regulations to ensure protection of basin waters while minimizing regulatory duplication," the statement said. "The draft regulations will likely be published in November or December 2010, and will be accompanied by a public rulemaking process. This process will entail two public hearings and a written comment period."

The Delaware Riverkeeper Network, which opposes drilling, urged supporters to lobby against releasing the proposed regulations until a federal study is completed. "This federally funded comprehensive study must be done first and then the information learned be used to inform the regulations that the DRBC will adopt regarding gas development in the Delaware River Watershed," said Riverkeeper Maya van Rossum in a statement. "This is essential to [prevent] … pollution and degradation to the Delaware River and the water supply for more than 15 million people."

Feds to propose FIRST EVER truck fuel efficiency rules

2010-10-24T13:20:00.006-04:00

From the Associated Press:

"Future tractor-trailers, school buses, delivery vans, garbage trucks and heavy-duty pickup trucks must do better at the pump under first-ever fuel efficiency rules coming from the Obama administration."

"The fleet of new cars, pickup trucks and SUVs will need to reach 35.5 miles per gallon by 2016, and the government is developing plans for future vehicle models that could push the standards to 47 mpg to 62 mpg by 2025."

Is this good enough?

Tea Party, Climate Change and God

2010-10-24T09:52:00.004-04:00

From the N.Y. Times:

"Climate change is real, and man is causing it,” Mr. Hill said, echoing most climate scientists. “That is indisputable. And we have to do something about it.”

A rain of boos showered Mr. Hill, including a hearty growl from Norman Dennison, a 50-year-old electrician and founder of the Corydon Tea Party.

“It’s a flat-out lie,” Mr. Dennison said in an interview after the debate, adding that he had based his view on the preaching of Rush Limbaugh and the teaching of Scripture. “I read my Bible,” Mr. Dennison said. “He made this earth for us to utilize.”

NYS Neighborhood Preservation Coalition’s Annual Conference

2010-10-22T18:45:00.015-04:00

NPCNYS’s Statewide Housing Conference
Revitalization: Building New York’s Future

Thursday & Friday October 28-29, 2010 New York Law School

On October 28 & 29, 2010 the New York State Division of Housing and Community Renewal and The Center for Real Estate Studies and Justice Action Centers of The New York Law School will be hosting the 2010 NPCNYS’s Conference on Affordable Housing and Community Development.

We will:

Discuss ways we are building New York’s future by revitalizing communities throughout the State.
Explore green building strategies, community revitalization efforts and more.
Discover innovations in planning, development and preservation in today’s housing industry.
Share ideas, tips, and approaches with fellow industry professionals and experts during our networking lunches and workshops.
Tackle solutions for all areas of sustainable communities, including environmental, transportation, and health.

A great chance to network with:

Affordable housing advocates
Architects and planners
Community development advocates
Lawyers
Legislators
Lending industry
Neighborhood groups
Nonprofit housing organizations
Public agencies
Researchers
Residential builders and developers
Sustainable development experts
Tenants/housing consumers

A full schedule of events can be found http://www.npcnys.org/conference2010.html.

Paterson Sacks DEC Head Grannis

2010-10-22T08:41:00.001-04:00

This is going to get real interesting real fast. On Tuesday, the Times-Union reported on a leaked DEC memo that set out the dire consequences of laying off more than 200 agency employees. On Thursday, DEC Commissioner Pete Grannis was fired by Gov. Paterson for “poor performance and insubordination.”

”Here I am being called on the carpet for doing what we were supposed to do, for being asked to tell the administration what the cuts they want meant,” Grannis said. “Apparently facts don’t sit well with this administration.”
Grannis protested that the memo was not leaked with his knowledge, and left two telephone messages with Paterson, one Wednesday evening and another Thursday morning, seeking a chance to make his case. “Larry Schwartz said the governor would not talk to me,” Grannis said.

Read the full article for details of the increasingly heated exchange between Grannis and Paterson aide he has called a “hatchet man” and a “thug".

Earthjustice Northeast Region Office (NYC) Looking for Summer 2011 Legal Interns!

2010-10-21T10:25:00.001-04:00

Earthjustice's Northeast Region Office (in NYC) is hiring full-time legal interns for the summer of 2011. They prefer 3Ls, but what the heck. Throw your name into the mix!

Legal interns work under the direct supervision of attorneys in the development and prosecution of environmental litigation and other advocacy. In general, the intern becomes a participant in the process of researching, investigating, preparing, and prosecuting environmental lawsuits. Virtually all interns undertake legal research, write memoranda, and help evaluate factual issues. Depending upon the needs of the case and the experience of the intern, attendance at client meetings, court appearances, meetings with public agency representatives, and drafting of pleadings, briefs, and discovery documents may be part of the internship experience. Interns are included in staff meetings and are invited to attend informal topical discussions and social events.

Qualifications: Applicants must have excellent research, analysis, and writing skills; initiative, commitment, attention to detail, and an ability to meet deadlines are essential. A strong interest in environmental issues is a plus.

Application Procedure: Offers are made on a rolling basis, so applications should be submitted as soon as possible. Please send a cover letter, resume, legal writing sample, and names and contact information of three references (including at least one law professor or legal employer) by e-mail to: eajusny@earthjustice.org. Subject line should read: Summer 2011 Intern Application.

Extreme Droughts Taking Toll on South, Midwest

2010-10-21T09:50:00.003-04:00

"Parts of Alabama, Louisiana, Arkansas, Mississippi, Tennessee, Missouri, Kentucky, Florida and southern Indiana are suffering 'extreme drought,' according to data expected to be released by the [National Drought Mitigation Center] Thursday."

"Climatologists say the dry weather likely will continue at least until spring, raising the possibility of prolonged drought in some areas next summer."

READ THE REST OF THE WSJ ARTICLE

BETTER YET, READ THE USER COMMENTS! The first comment is from a "climate change denier", who is using 3 straight days of rain as his sign that climate change is a hoax.

I thought we were past that...

EPA Proposes to Add Nine New Hazardous Waste Sites to Superfund's National Priorities List

2010-10-21T09:34:00.006-04:00

The Superfund National Priorities List (NPL) keeps getting bigger and bigger. On October 19, the EPA declared it was proposing to add another 9 contaminated sites to the list.

"To date, 1,627 sites have been listed on the NPL. There have been 346 sites deleted from the NPL with 1,281 sites remaining. With the proposal of nine new sites and one site being withdrawn from proposal, there are 62 proposed sites awaiting final agency action: 57 in the general Superfund section and five in the federal facilities section. There are a total of 1,343 final and proposed sites."

READ THE REST OF THE EPA PRESS RELEASE

Summer 2011 Legal Internship Opportunity with EPA Region 1 (Boston). DEADLINE for 2Ls: OCT 31st

2010-10-20T11:33:00.009-04:00

U.S. Environmental Protection Agency's office in Boston (Region 1) is accepting applications for their Summer 2011 legal internship program.

1Ls and 2Ls are encouraged to apply, but hurry! Deadlines are quickly approaching.

In 2010, 10 interns were hired for the Summer, out of over 1,000 applicants; 6 were paid and 4 were unpaid. Interns work on a range of issues involving federal environmental law and public policy.

The Summer program includes information sessions with EPA experts on homeland security, criminal enforcement, emergency response, and environmental justice; field trips to sites of environmental concern in the Region; office-wide legal retreat; and brown bag lunches with senior regional managers.

The 60+ attorneys of EPA New England are assigned to the Office of Environmental Stewardship, which manages enforcement of federal environmental statutes; or the Office of Regional Counsel, which handles all other legal work. They provide legal advice on implementation and enforcement of federal environmental protection statutes and regulations, review regulations of regional states and Indian tribes, advise the Agency on administration of EPA grants, and defend the Agency in lawsuits. Region 1, headquartered in Boston, serves Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.

PROGRAM REQUIREMENTS: Strong academic credentials and interest in public sector and/or environmental law.

APPLICATION PROCESS: Submit resume to internships.legal@epa.gov. DO NOT MAIL RESUMES TO REGION 1!

DEADLINES: The deadline for Summer 2011 placement is between Aug. 15 and Oct. 31, 2010 for 2Ls and between Jan. 1 and Feb. 28, 2011 for 1Ls (but sooner for best consideration because some offers may be made as early as November).

NEED MORE INFO? Contact Barbara Barreet at Region 1's Office of Environmental Stewardship (617-918-1700).

General Interest Meeting: Wednesday Oct 20, 2010 1-2 PM RM W303

2010-10-18T20:19:00.001-04:00

Among other things, we will be discussing:

-The ABA Environmental Law Conference in New Orleans

-The Pace Environmental Law Moot Court Competition

- West Virginia Environmental Law Moot Court Competition

- Job Opportunities in Environmental Law

- Labels for Household Cleaner Project

- EPA Open Government Project

- Does the Gowanus Canal really have gonorrhea?

Snacks will be served!

Alternative Food Channels for NYC Neighborhoods

2010-10-18T10:54:00.010-04:00

The evolution and outlook for food cooperatives as a strategy to bring healthy, affordable food to under resourced neighborhoods. What are the challenges and needs of these efforts? What are the potential resources? Is there a role for policy?

Food Systems Network NYC is hosting an open networking meeting to discuss alternative food channels for NYC neighborhoods this Wednesday. Panelists include: Joe Holtz, General Manager and founding member of the Park Slope Food Co-op in Brooklyn, Natalie Soleil from the Fourth St. Food Co-op in Manhattan, and Shira Shaham from the Bushwick Food Co-op.

Date: October 19, 2010

Time: 12:30 PM

Location: Fund for the City of New York, Main Conference Room

121 Avenue of the Americas, 6th Floor

New York, NY 10013-1590

Top EPA Official Opposes West Virginia Mountaintop Coal Mine

2010-10-17T11:59:00.015-04:00

E.P.A. Official Seeks to Block West Virginia Mine

By JOHN M. BRODER (New York Times)

Published: October 15, 2010

WASHINGTON — A top federal regulator has recommended revoking the permit for one of the nation’s largest planned mountaintop removal mining projects, saying it would be devastating to miles of West Virginia streams and the plant and animal life they support.

In a report submitted last month and made public on Friday, Shawn M. Garvin, the Environmental Protection Agency's regional administrator for the Mid-Atlantic, said that Arch Coal’s proposed Spruce No. 1 Mine in Logan County should be stopped because it “would likely have unacceptable adverse effects on wildlife.”

In 2007, the Bush administration approved the project, which would involve dynamiting the tops off mountains over 2,278 acres to get at the coal beneath while dumping the resulting rubble, known as spoil, into nearby valleys and streams. The Obama administration announced last year that it would review the decision, prompting the mine owner, Arch Coal, based in St. Louis, to sue.

In its review, the E.P.A. found that the project would bury more than seven miles of the Pigeonroost Branch and Oldhouse Branch streams under 110 million cubic yards of spoil, killing everything in them and sending downstream a flood of contaminants, toxic substances and life-choking algae.

Kim Link, a spokeswoman for Arch Coal, said in a statement that the company intended to “vigorously” challenge the recommendation.

“If the E.P.A. proceeds with its unlawful veto of the Spruce permit — as it appears determined to do — West Virginia’s economy and future tax base will suffer a serious blow,” Ms. Link said. She said the company planned to spend $250 million on the project, creating 250 jobs and tens of millions of dollars in tax revenues in a struggling region.

“Beyond that, every business in the nation would be put on notice that any lawfully issued permit — Clean Water Act 404 or otherwise — can be revoked at any time according to the whims of the federal government,” she said, referring to the federal law under which the original permit was granted. “Clearly, such a development would have a chilling impact on future investment and job creation.”

The E.P.A. said the construction of waste ponds as well as other discharges from the Spruce No. 1 mining operation would spread pollutants beyond the boundaries of the mine itself, causing further damage to wildlife and the environment.

Arch Coal had proposed to construct new streams to replace the buried rivers, but the E.P.A. said they could not reproduce the numbers and variety of fish and plant life supported by the indigenous streams.

An E.P.A. spokesman said that Mr. Garvin’s recommendation was a step in a long process and that the agency’s Office of Water and the E.P.A. administrator, Lisa P. Jackson, would review his report and thousands of public comments before making the final decision, likely before the end of the year.

The Sierra Club applauded the E.P.A. for “staring down Big Coal and industry lobbyists.”

“This mother of all mountaintop removal coal mines would destroy thousands of acres of land, bury seven miles of streams and end a way of life for too many Appalachian families,” the Sierra Club’s executive director, Michael Brune, said in a statement.

Client Counseling Competition (ABA Law Student Division). DEADLINE Oct. 22!

2010-10-17T11:24:00.001-04:00

A competition promoting preventative law and counseling functions. Entry forms and fees are due OCTOBER 22, 2010.

Team member names and ABA ID numbers are due JANUARY 25, 2011.

CLICK HERE for the Client Competition Homepage
CLICK HERE for the 2010-2011 Entry Form

2010-2011 Competition Topic: Professional Responsibility of Lawyers and Judges

Questions? Contact ccc@staff.abanet.org

NYC Mayor and DEP Commissioner Announce New Green Infrastructure to Reduce Sewer Overflows, Improve Quality of City Waterways and Save the City $2.4 Billion

2010-10-15T21:43:00.009-04:00

"Mayor Michael R. Bloomberg and Environmental Protection Commissioner Cas Holloway unveiled a new plan to utilize “green infrastructure” to improve the quality of waterways around New York City by capturing and retaining stormwater to reduce sewer overflows."

"The new plan, called NYC Green Infrastructure, will replace the existing approach for sewer overflow control, which relies solely on traditional investments like holding tanks and tunnels, with a mix of green infrastructure and cost-effective traditional infrastructure that will reduce sewer overflows into waterways by 40 percent by 2030 by capturing more stormwater."

CLICK HERE to read the rest of the Mayor's Press Release.

Student Writing Competition: "Endangered Environmental Laws" ($2000 cash prize!)

2010-10-15T21:21:00.002-04:00

Co-Sponsored by the Environmental Law Institute, the American Bar Association Section of Environment, Energy and Resources, and the National Association of Environmental Law Societies

---------------------------------------------------------------------------------

Award: $2000 cash prize, an offer of publication in the Environmental Law Reporter, and a one-year individual membership to ELI.

Topic: Any topic addressing recent developments or trends in U.S. environmental law that have a significant constitutional or “federalism” component. (See sample topics below.)

Eligibility: Students currently enrolled in law school (in the U.S. or abroad) are eligible, including students who will graduate in the spring or summer of 2011.

Any relevant article, case comment, note, or essay may be submitted, including writing submitted for academic credit. Jointly authored pieces are eligible only if all authors are students and consent to submit.

Previously published pieces, or pieces that are already slated for publication, are ineligible.

Deadline: Entries must be received no later than 5:00 PM ET on April 11, 2011.

Submission: Email essays (and questions) to Louise Yeung at yeung@eli.org. You will receive a confirmation by email.

ATTENTION RECENT LAW SCHOOL GRADUATES! DEADLINE EXTENDED: APPLICATIONS FOR EPA-REGION 9 HONORS PROGRAM.

2010-10-08T20:27:00.005-04:00

The U.S. Environmental Protection Agency's Region 9 Office (San Francisco) has extended the application deadline for their Honor's Program. The application deadline has been moved to next Friday, October 15th, midnight!

CAVEAT!

You must be a recent graduate of an accredited law school with bar results or bar results pending.

For more information check out: http://www.epa.gov/region9/orc/positions.html

I can't see 1 reason why an unemployed recent graduate would NOT apply for this one. You might be what they're looking for.

10/20: NYCLA Wants to Feed You and Help You Increase Your Professional Network

2010-10-08T19:14:00.001-04:00

The New York County Lawyers' Association (NYCLA) invites you to their Kick-Off Reception for the 2011 Minority Judicial Internship Program. The events is on Wednesday, October 20th, beginning at 6pm.

Go to meet practicing attorneys and other law students. Stay for cheese and crackers.

Details:
Wednesday, October 20, 2010 @ 6pm
New York County Lawyers' Association
14 Vesey Street (b/w B'way and Church) Manhattan
RSVP BY OCTOBER 18TH OR THEY WON'T LET YOU IN!

E-mail LDavis@NYCLA.org to RSVP for this program.

Need More Info? Check out the NYCLA website.

Established in 1989, the Minority Judicial Internship Program provides a unique opportunity for first and second year law students of color to be introduced to the judicial system during a paid summer internship. Under the program, each intern is assigned to a single state or federal judge for eight weeks. Interns are expected to perform legal research, draft memoranda, assist with the preparation of jury instructions, and observe court proceedings.

Intra-Law School ELS Potluck Dinner at Mercer Pub! (10/14 @7pm)

2010-10-08T09:48:00.000-04:00

NYU's Environmental Law Society will be hosting an "Intra-Law School Environmental Law Society Potluck Dinner" on Thursday, October 14th.

This is a great opportunity for students interested in environmental law to meet other like-minded students from other law schools. Come on down, have a few brews and munch on good food. At the very least, playoff baseball will be on the tube.

The event will be taking place at Mercer Pub and going from 7pm until midnight.

If you're interested in joining us, please contact Dorian Iafeliece (doria.iafeliece@law.nyls.edu).

National Energy Moot Court Competition!

2010-10-06T15:47:00.000-04:00

West Virginia University School of Law will be hosting its Innagural National Energy Moot Court Competition in the Spring 2011 semester. The NYLS Environmental Law Society is looking to send a team (of 2 students) to this competition.

For more information, please check out their website (http://energycomp.wvu.edu/). Registration deadline is November 15, 2010.

If you're interested in competing and are a 2L or 3L at NYLS, please contact Jose Almanzar (jose.almanzar@law.nyls.edu).

And in CERCLA news: EPA Adds Newtown Creek (NYC) to its Superfund List.

2010-09-28T07:30:00.001-04:00

The Environmental Protection Agency has added another NYC waterway to its Superfund National Priorities List (NPL). The designation of the four-mile-long Newtown Creek, which divides Brooklyn and Queens, was announced yesterday by Regional Administrator Judith Enck.

Like the Gowanus Canal in Carroll Gardens (Brooklyn), water samples from Newtown Creek have revealed the presence of P.C.B.s, metals, pesticides, volatile organic compounds and other contaminants. This is due to the "more than 50 industrial facilities" that were located along its banks since the mid-1800's, "including oil refineries, petrochemical plans, fertilizer and glue factories, sawmills and lumber and coal yards."

Newtown Creek is the second Superfund Site in the City. The EPA also added sections of the Black River in Jefferson County to the NPL, bringing the number of Superfund Sites in New York to 86.

Click here to read the rest of the EPA's Press Release.

Breakfast AND Sustainable Real Estate Development?! Sign me up!

2010-09-24T13:22:00.003-04:00

Attention Environnmental Real Estate Aficionados: October 6th @ 8:15am, the New York Law School Center for Real Estate Studies is hosting its 4th Annual Breakfast Forum on Sustainable Real Estate Development.

Panelists include David Bragdon (Director, NYC Office of Long-Term Planning & Sustainability), Fred Harris (Senior VP, AvalonBay Communities, Inc.), and Gail Suchman (Special Counsel, Stroock & Stroock & Lavman LLP)

CLICK HERE to RSVP for this FREE event!
Seating is limited, so don't wait for too long.

Pro-Environment Cases May Be In Danger

2010-09-24T12:56:00.006-04:00

The National Law Journal reports that environmentalists are concerned that the Supreme Court may grant review of the landmark decision Massachussetts v. EPA (2007), setting the stage for a "reversal of the rare, recent high court victory for environmentalists."

Should environmentalists fear that the high court will over-rule these important cases? What are the implications of these cases being overturned?

Click here to read the rest of the article.

Columbia University's Climate Center and Events

2010-09-23T16:49:00.001-04:00

Columbia University, within its Earth Institute, has a Climate Center. The Climate Center seeks to:

"... improve humankind's capacity to understand, predict, and respond to climate variability and change within a multidisciplinary approach to sustainable development. By integrating basic and applied research in climate science, engineering, public health, economics, social science and political science conducted throughout Columbia University, the Center will develop strategies for adaptation to and mitigation of climate change, while communicating the science and impacts of climate change to society and providing policy analysis and advising to stakeholders and decision makers."

They have some great events coming up and their calendar can be accessed here: http://climate.columbia.edu/?id=events
and for your convenience I have also posted their events on our calendar which can be accessed through the link on the top of the page or here: http://nylsels.blogspot.com/p/blog-page.html

New Green City Fair - Union Square NYC - September 29, 2010 10am-6pm

2010-09-23T16:25:00.002-04:00

GrowNYC presents NEW GREEN CITY welcoming more than 100,000 visitors to New York City’s largest annual green event in Union Square Park. Following the success of Green Brooklyn...Green City in September of 2009, this year's family-friendly event showcases government agencies, non-profits, entrepreneurs and community & corporate partners at the forefront of environmental stewardship, education and awareness.

New Green City is an official participant of the New York City Department of Parks & Recreation's Green Event Program.

Follow this link to read more: http://www.grownyc.org/newgreencity

Meet NY Environmental Attorneys! NYSBA Environmental Law Section's Fall Meeting (10/1-10/3)

2010-09-22T16:00:00.010-04:00

The Environmental Law Section of the New York State Bar Association (NYSBA) is hosting its annual "Fall Meeting" from October 1st thru October 3rd.

This annual meeting is a great opportunity for law students and recent graduates to meet practicing environmental attorneys and professionals. NYLS's very own Professor Schnapf will be in attendance and has offered to introduce students to some of the Section's leaders.

Speaker-panel topics include What Every Lawyer Should Know About Climate Change Law and Evolution of Common Law Environmental Jurisprudence: From Toxic Torts to Stigma Damage and Everywhere in Between. Click here to download the meeting program.

For more information, and reduced (or free) student rates, please contact Linda Castilla at lcastilla@nysba.org.

This year's Meeting will be held at The Otesaga Resort Hotel, in Cooperstown, NY (about 4-hrs from the City).

Sierra Club and American Littoral Society's 25th Annual Coastal Cleanup

2010-09-21T11:04:00.011-04:00

This Saturday (September 25th) the Sierra Club and the American Littoral Society are undertaking their 25th Annual International Coastal Cleanup. Last year, over 10,000 volunteers helped to clean and document over 140,000 pounds of debris along the NY shoreline.

This is a great opportunity to: clean the beach and document what litters our shores, compile data to devise strategies to combat pollution, increase public participation in solving the problem of pollution, and increase public awareness and appreciation of the coastal environment.

Contact Barbara Cohen if you'd like to get involved, cleanups will be taking place at Long Island Sound and along the Hudson River : ALSBeach@aol.com or (718) 471-2166

In addition the two organizations are also hosting a "Sunset Cruise", a special 3-hour narrated tour of Jamaica Bay aboard the“Golden Sunshine” out of Sheepshead Bay. It will take place from from 4 - 7PM and leaves from Pier 2 (Emmons Ave. & Bedford Ave., Brooklyn). This could be a fun way to learn about the history & ecology of the bay and not to mention see migrating hawks, falcons, osprey, herons, egrets, ibis, shorebirds and waterfowl. The tour/ cruise will be led by Mickey Cohen and Don Riepe of the Sierra Club. Cost: $45 includes narrated tour, wine & cheese, fruit, snacks. For more information call (718) 318-9344 or e-mail: driepe@nyc.rr.com

Environmental Law Panel at Brooklyn Law 9/21

2010-09-20T19:31:00.001-04:00

Tomorrow night (sorry for the late notice) there will be a panel on careers in environmental law and natural resources. The panel starts at 6-8PM and will take place in Room 503.

The panel will be moderated by Brooklyn Law's new environmental law professor Gregg Macey and will also include dinner.

The following are the bios for the panel members:

Suzanne Mattei

Suzanne Mattei joined the State Department of Environmental Conservation as Regional Director for Region 2 (New York City) on May 17, 2007, having been appointed to the position by Commissioner Pete Grannis. Ms. Mattei has over 25 years of experience in environmental law and policy. She graduated from Yale Law School in 1981. She has carried out environmental litigation on air pollution and coastal resources protection. She has also produced in-depth reports on the World Trade Center disaster response, childhood lead poisoning, waste incineration and recycling, toxic pollution from dry cleaning, and environmental safety in schools. Prior to her appointment as Regional Director, she served as the Executive for the Sierra Club's national field office in New York City. In the past, she served as Senior Environmental Policy Analyst for the Public Advocate and City Comptroller, Public Policy Director for the NYS Trial Lawyers Association on consumer rights issues, and as Director of the Connecticut Fund for the Environment.

2. Jeff Zimmerman

Jeff has been practicing environmental law for 35 years, first with the U.S. Department of Justice in the Land & Natural Resources Division during the 1970s. During the 1980s, he worked as in-house counsel on environmental matters with the American Mining Congress, ARCO Chemical Company, and Occidental Petroleum Corporation. He moved into private practice at the end of 1989. During his career, he has worked on matters involving virtually every aspect of environmental and natural resources law.

In August 2007 he opened his own firm and since then has been representing clients involved in renewable fuels, brownfields redevelopment, environmental land use regulation, contaminated site remediation, regulation of natural gas exploration and production, and water law.

A considerable amount of his time has been devoted to representing conservancy organizations in the ongoing debate over management of the water resources of the Delaware River Basin. Most recently, he has become deeply involved in the regulation of shale gas development, especially in
northeastern Pennsylvania and the southern tier of New York.

His brownfields and contaminated site remediation experience has included work on hundreds of sites in 37 states across the country. He has worked on renewable fuels projects in Florida, Georgia, North Carolina and Virginia.

Jeff has a degree in physics from Amherst College and a law degree from the National Law Center of the George Washington University.

3. Geraldine “Jerry” English

Jerry Fitzgerald English concentrates her practice in the environmental sector, including Brownfield’s transactions, policyholder insurance coverage, regulatory issues, Superfund, ISRA, permits, wetlands, air and water compliance, private party disputes and transactions and defense of regulatory matters. She is a former New Jersey Counsel to the Governor and Commissioner of the Department of Environmental Protection.

She has been a special master for the New Jersey courts to review attorney fees and discovery. She has been an expert witness for private clients in environmental cases.

She has served in the legislative and executive branches of the State as a State Senator, counsel to the Governor and counsel to the New Jersey Senate. She was appointed Commissioner of the Port Authority of New York and New Jersey. In addition, Jerry serves as a director on various boards, such as the Regional Plan Association of New York, New Jersey and Connecticut and the Federal Bar Association of New Jersey. She is a member of the National Academy of Sciences' Chemical Events Panel studying the destruction of chemicals at various U.S. Army Depots.

As co-chair of the American Bar Association Environmental Litigation Committee on eminent domain, she is a frequent lecturer and is a life fellow of the American Bar Association Foundation. She is an editor of the New Jersey Law Journal <http://www.law.com/jsp/nj/index.jsp> . Mrs. English is an adjunct instructor at the New Jersey Institute of Technology in a pioneering graduate level environmental problem solving course. She has been appointed to the New Jersey Institute of Technology's College of Science & Liberal Arts Board of Visitors. She serves as Master of the Environmental Inns of Court and Chairs the Election Law Enforcement Commission.

Gasland Screening and Q&A w/Director, 9/29, Central Park‏

2010-09-20T19:22:00.002-04:00

Gasland is a movie about fracking and its actual and potential effects on drinking water, our environment and the tectonic plates. The director will be having a screening and a question and answer session after the screening on Wednesday September 29, 2010 at the Arsenal Gallery - 830 5th Avenue at East 64th St.

Be sure to get your tickets early. Not only is this a great movie, but it has also been known to cause a ton of controversy among environmentalists, the government, and non believers. Please see this interesting article in the Huffington Post about the governments reaction to Gasland moviegoers in PA: http://www.huffingtonpost.com/alison-rose-levy/guess-what-seeing-a-movie_b_717241.htmlk

The MTA Wants to Raise Your Monthly Metrocard Price (or limit the number of rides/month)

2010-09-18T12:06:00.011-04:00

The MTA has been holding a series of public hearings regarding their proposed fare hikes for 2011. Several students from New York Law School will be attending next Tuesday's (9/21) public hearing at the Brooklyn Museum (begins at 6pm). Enough is enough MTA!

The truth is that anyone who uses the monthly Metrocard will be impacted by these fare increases. The MTA's two proposals for monthly Metrocards are: (a) raise the price of the current Unlimited Metrocard to $104 or (b) raise the price of the monthly Metrocard price to $99 and impose a 90-trip cap.

As a law-student, part-time employee and volunteer, I am not happy about either of these options. Like many graduate and law students, I am strapped for cash and need to take the subway to get around. Cabs are expensive in this City.

Also, on any given month, I swipe at least 100 times. Any cap on the number of rides I take per month would substantially impact me, forcing me to either not go to work or find alternative ways to get around (ie: jumping the turnstile, riding a bike, riding a donkey, etc.)

I'm seriously considering buying a bike and holding onto my $100/month. The MTA has lost its mind.

If you would like to join us, meet us in the basement of the C building of New York Law School (47 Worth Street) on Tuesday September 21st. We're leaving for the Brooklyn Museum hearing around 5pm.

Enough is enough!

-Jose Almanzar

NYLS, JD candidate (exp. 2011)

jose.almanzar@law.nyls.edu

Meet Over 130 Public Interest Employers!

2010-09-15T16:09:00.010-04:00

Equal Justice Works is hosting its annual "Equal Justice Works Conference and Career Fair" and invites 2Ls and 3Ls to meet with prospective Public Interest employers. This year's fair is in Bethesda, MD (righ outside of DC).

The application deadline is quickly approaching (Sept. 24th) so hurry up!

Don't miss this opportunity to meet over 130 public interest employers, practicioners and leaders.

For instructions and more information, please click on the Student Guide.

General Interest Meeting

2010-09-13T22:12:00.004-04:00

The Environmental Law Society of New York Law School is hosting our first general interest meeting of the year on Thursday, Sept. 16th from 12:50pm-1:50pm in room A600.

Please come and join us as we discuss upcoming Executive Board Elections, petitioning administration for more environmental law courses, upcoming conferences, what to look forward to in the upcoming year, events, and more.

Long Island Gets a Little Cleaner (according to the EPA)

2010-09-13T15:02:00.005-04:00

The SMS Instruments Superfund Site (Deer Park, NY) gets the "green thumbs up" from the EPA.

"After completing all the cleanup work needed to address contaminated soil and ground water, and assessing recent monitoring data, EPA has determined that the cleanup was successful and that the site no longer poses a significant threat to public health or the environment."

Considering how difficult it is for SF Sites to be removed from the NPL, the residents of Deer Park should be excited about this.

SMS Instruments Superfund Site had been on the NPL for over 2 decades.

Landfilling Plastic Bottles May be Better than Recycling?

2010-09-08T16:55:00.005-04:00

Just when you thought we had it right, this post from Eric Johnson (director of Atlantic Consulting, a Swiss-based strategic consulting company) claims that, in certain circumstances, landfilling plastic water bottles may have a lower carbon-footprint than recycling.

I'm not too sure if I buy into this just yet. I wonder if Thomas Friedman has anything to say about this claim... -JA