Winter 2015 Academic Quarter
An unprecedented number of students—eight full-time students and ten advanced students—made this past quarter one of the Environmental Law Clinic’s most dynamic. Clinic students:
- wrote briefs in cases in state trial court, the California Supreme Court, the U.S. Court of Appeals for the D.C. Circuit, and the U.S. Supreme Court;
- presented oral argument in two state trial courts and the U.S. Court of Appeals for the Ninth Circuit;
- researched and drafted memoranda to clients on cutting-edge legal issues; and
- filed comments on draft resource management plans before state and federal administrative agencies.
All told, Clinic students wrote nine briefs in six cases, presented oral argument at four court hearings in two cases, prepared memoranda for Clinic clients on emerging legal issues in two matters, and submitted administrative comments in one matter. A few highlights are described below.
The Clinic kicked off the quarter with a two-day visit to Monterey Bay, which would form the basis for much of the work performed by students over the course of the winter quarter. Students first met with client The Otter Project/Monterey Coastkeeper to learn about two Clinic cases aimed at cleaning up fertilizer and pesticide pollution from farms in the Salinas Valley and other areas. In the first case, filed against the agency that regulates agricultural discharges (the State Water Resources Control Board), full-time students Ted Karch (JD ’16), Carolina de Armas (JD ’16), and Aaron Stanton (JD ’16), over the course of the quarter, authored an opposition to a demurrer and a merits reply brief in Monterey Superior Court.
|In the second agricultural pollution case, filed against the agency that collects and pumps farmers’ discharges to other water bodies and ultimately the Monterey Bay (the Monterey County Water Resources Agency), full-time students Malia McPherson (JD ’16) and Adam Bowling (JD ’16) authored several briefs and presented argument at two hearings, while advanced student Philip Womble (JD ‘16/PhD ’18) presented argument at a third hearing, all in Monterey Superior Court. The court issued an intended decision in Monterey Coastkeeper's favor on April 24, 2015, ruling that the Water Resources Agency must obtain a discharge permit under state law.|
On their initial trip to Monterey, Clinic students also spent a day with staff from the Center for Ocean Solutions and Clinic client Resources Legacy Fund to learn about how seawalls, which are intended to protect shoreline properties and structures, actually make coastal erosion worse. Thus, when full-time students Malia McPherson and Adam Bowling were not trying to remedy agricultural pollution, they worked on matters aimed at supporting innovative legal approaches to mitigating coastal erosion.
Full-time students John Drdek (JD ’16) and Michael Todisco (JD ’16) also wrote cutting-edge legal memoranda on coastal erosion for Clinic clients. In addition, John and Mike, joined by advanced student Liz Jones (JD '16), helped draft portions of a merits brief filed in the California Supreme Court, in Friends of the Eel River v. North Coast Railroad Authority. The brief for the plaintiffs argues that federal law does not pre-empt the California Environmental Quality Act, which requires environmental review of state projects, including rail lines.
Much of the Clinic’s work in Winter 2015 concerned other issues in places far from Monterey. Advanced students Evan Stein (JD ’15) and Jason George (JD ’15) presented oral argument before a three-judge panel in the U.S. Court of Appeals for the Ninth Circuit in San Francisco. The case will help decide the future of the Medicine Lake Highlands, an area of northeastern California that is sacred to, and has been used for spiritual and cultural purposes by, members of the Pit River Tribe and other Tribes for over 10,000 years. The Highlands also serve as a major water supply source for California and hold exceptional recreational, habitat, and other environmental resources. At the argument, Evan and Jason represented the Tribe and a number of environmental organizations in their challenge to plans to further expose the Highlands to industrial geothermal development. Advanced students Rose Stanley (JD ’16), Amanda Prasuhn (JD ’15), and Philip Womble worked on a variety of related policy matters.
Jason George (JD '15) and Evan Stein (JD '15), with clients,
at the Ninth Circuit in San Francisco (Mar. 2015)
Equally concerned with how to appropriately manage public lands, longstanding Clinic client the National Parks Conservation Association enlisted advanced student Elizabeth Hook (JD ’15) to author comments on the draft California Desert Renewable Energy Conservation Plan, which will, when finalized, guide renewable energy development on public lands in the desert Southwest for the foreseeable future. The comments concern the Conservation Plan’s effects on National Park System resources, especially those in and near Joshua Tree National Park.
Meanwhile, full-time student Elizabeth Berardi (JD ’15) joined advanced students Heather Kryczka (JD ’16) and Liz Jones in authoring an opening brief in the U.S. Court of Appeals for the D.C. Circuit. The case, litigated with the Environmental Law Clinic at the University of California–Irvine on behalf of the Sierra Club and Galveston Baykeeper, is one of several cases challenging decisions by the Federal Energy Regulatory Commission (FERC) to allow liquefied natural gas stations along the Gulf Coast to switch from importing to exporting natural gas. At issue is whether FERC complied with the Clean Air Act and the National Environmental Policy Act in approving the switch.
In another case concerning FERC, advanced student Raza Rasheed (JD ’15) prepared for the possibility that the U.S. Supreme Court would take an important case out of the DC Circuit concerning whether FERC may regulate “demand response,” an alternative to building more power plants when there is high demand by allowing power users to agree to reduce their demand during peak load. Sure enough, on May 4, 2015, the Supreme Court accepted the case for review, and Raza is now drafting an important amicus brief on behalf of energy economists and academics arguing in favor of FERC's regulatory jurisdiction.
Finally, back on California’s Central Coast, full-time students Ted Karch and Aaron Stanton prepared legal memoranda for Clinic clients on the legal challenges to local bans on hydraulic fracturing (“fracking”) in San Benito County and other jurisdictions.
And full-time students Elizabeth Berardi and Carolina de Armas, along with advanced student Abigail Barnes (JD ’16), continued the Clinic’s work on a challenge to a desalination project in the city of Cambria on behalf of Landwatch San Luis Obispo County. Despite the need for long-term and deliberative planning about how to best manage Cambria’s spare water resources, the project was hastily built without the environmental review required by state law. Abby, Elizabeth, and Carolina authored a preliminary injunction motion, reply in support of that motion, and other pleadings, and Abby argued the motion in San Luis Obispo Superior Court.
In the spring, the Clinic will continue its work on many of these matters with advanced students.
Fall 2014 Academic Quarter
The Environmental Law Clinic had a fantastic fall quarter with seven full-time students and four advanced students. The Clinic kicked things off with a three-day field trip to Medicine Lake in northeastern California, the site of one of the Clinic’s longest-running cases. The Clinic represents the Pit River Tribe, Tribal coalitions, and environmental organizations in their efforts to protect the Medicine Lake Highlands from geothermal fracking. During the trip students met with the clients, presented at a Pit River Tribal Council meeting, and visited some of the sites that make the Highlands so special. The trip served as the foundation for work by full-time students Philip Womble (JD’16/PhD ‘18) and Rose Stanley (JD ’16) on a variety of policy matters, which will contribute to the Clinic’s continuing litigation against the decision by the Bureau of Land Management to continue to expose the Highlands to the specter of industrial development.
Shortly after visiting Medicine Lake, the Clinic spent a day in the historic Presidio in San Francisco, a National Landmark whose long-term future is the subject of a Clinic case currently being litigated in the Ninth Circuit. The Presidio Trust, the organization charged with overseeing the public Presidio, has proposed building a large commercial hotel in the Main Post, at the very center of the Presidio. The Clinic represents the Presidio Historical Association and the Sierra Club, who believe the Trust’s plans are inconsistent with the Trust’s legal obligations and with the Presidio’s exceptional historic character and value. Full-time students Abigail Barnes (JD ’16) and Raza Rasheed (JD ’15) wrote the Ninth Circuit reply brief during the fall quarter.
The Clinic also visited the Salinas Valley in Monterey County, whose surface and groundwaters are increasingly polluted by fertilizers and pesticides from the Valley’s intensive agricultural operations. The question of how to effectively deal with pollution from irrigated agriculture is at the heart of two of the Clinic’s cases, one against the agency that regulates agricultural discharges (the State Water Resources Control Board) and the other against the agency that collects and pumps those discharges to other water bodies and ultimately the Monterey Bay (the Monterey County Water Resources Agency).
On behalf of Monterey Coastkeeper, Environmental Justice Coalition for Water, and four other plaintiffs, full-time students Caroline Parke (JD ’16), Heather Kryczka (JD ’16), and Liz Jones (JD ’16) wrote the opening brief in the Clinic’s case against the State Water Board, while advanced student Jason George (JD ’15) presented oral argument at an all-day hearing in Monterey Superior Court in the case against the Water Resources Agency. Jason’s excellent representation spurred actions by the court and state regulators to bring the water management agency one step closer to addressing the problems caused by agricultural pollution.
The impacts of agriculture also formed the basis for work by advanced student Amanda Prasuhn (JD ’15), who led research into how to limit antibiotics in factory animal farms in California. Amanda also spearheaded research into the corporate governance and tax obligations of non-profit entities involved in the Clinic’s ongoing projects.
A mix of full-time and advanced students worked on one of the Clinic’s new matters, a challenge to a desalination project in Cambria, on the central California coast. Despite the need for long-term and deliberative planning about how to best manage Cambria’s spare water resources, the project was hastily built without the environmental review required by state law. Full-time clinic students Abigail Barnes, Raza Rasheed, and Liz Jones, along with advanced student Elizabeth Hook (JD ’15), worked with clients Landwatch San Luis Obispo County, the Sierra Club, and Greenspace to write and file a petition for a writ of mandate and public record requests, as well as learn the matter’s unusually complicated factual and procedural history. Abigail and Liz also visited the project site and represented the clients at a case management conference in San Luis Obispo Superior Court.
|Clinic students appeared at, and worked on, a number of other hearings and matters. Advanced student Evan Stein (JD ’15) presented argument in the California Court of Appeal in Sacramento. The case concerns a challenge to the California Department of Fish & Wildlife’s fish-stocking program; every year, the Department stocks lakes throughout the State with non-native fish, with devastating impacts on native fish, amphibians, and other species.|
On behalf of the Center for Biological Diversity, Evan argued before an engaged panel of judges that the Department of Fish & Wildlife needed to conduct more thorough environmental review for the stocking program.
Fish were also at the center of a court appearance by full-time students Rose Stanley and Philip Womble, who appeared in Marin Superior Court to argue on behalf of the Salmon Protection and Watershed Network. In spring 2014, the Clinic won a huge victory in the California Court of Appeal (briefed by former Clinic students Will Cooper (JD’ 14) and Chris Jones (JD’ 14), and argued by Chris), which held that Marin County’s environmental review for its general plan failed to adequately account for impacts of streamside development on the imperiled coho salmon. During the fall quarter, Rose and Philip authored opening and reply briefs on the appropriate remedy and argued their cause in the trial court.
Last but not least, the Clinic celebrated two fantastic victories in cases aimed at protecting California’s Mojave Desert. The first case, which has been part of the Clinic’s docket since the Clinic opened its doors in 1997, involved a challenge to a landfill on the flanks of Joshua Tree National Park. The Clinic successfully challenged a decision by the Bureau of Land Management to convert public land into private land so the landfill could be built. In December 2014, the parties agreed to a settlement under which the land will once again be public, and perhaps eventually become part of Joshua Tree National Park.
In the second case, the Bureau of Land Management denied an application to build a large-scale solar facility in the Silurian Valley, an unusually intact and beautiful expanse in the heart of the Mojave Desert. Advanced student Elizabeth Hook prepared extensive comments during the decisionmaking process.
Silurian Valley, California (©2013 Michael E. Gordon / www.Michael-Gordon.com)
In the winter, the Clinic will continue its work on many of these matters, as well as some new ones, with an unprecedented eight full-time students and ten advanced students. We look forward to another great quarter.
For more recent Clinic events, please visit the Stanford Mills Legal Clinic Blog - Environmental Law.
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