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					     By Jeri Zeder




     Startup
     for
     an


Ailing Planet
     Rising sea
     levels, melting ice
     caps, increasing
     temperatures,
     struggling
     ecosystems,                                                  A new
     frequent and                                         progrAm Aims
     destructive                                              to chAnge
     storms—these are                                           the wAy
                                                               we think
     the early warning                                            About
     signs of global                                     environmentAl
     climate change.                                                lAw
     No one can
     predict all their
     implications, but
     experts say what is
     foreseeable could
     be devastating:
     diminishing fresh
     water supplies,
     destruction of
     coastal societies,
     droughts and
     floods, mass
     extinctions

20   Photograph by dav i d b u r d e n y/ i r i s ga l l e ry             summer 2008 harvard law bulletin   21
                                               In March 2006, a group of leading          and international policy-makers, ad-        pect to work as environmental lawyers,         in environmental risk and regulation,
and rampant                                    scholars, politicians and policy-mak-      vocates, scholars, practitioners and        because no matter what they do in the          will join them (see sidebar, p. 27).
                                               ers gathered quietly at Harvard Law        investors.                                  public or private sector, they’ll have            The program also relies on a cadre
disease.                                       School to answer that question during         “The timing is fortuitous,” says         an opportunity to impact the environ-          of visiting practitioners renowned in
  To avoid the                                 a day of frank, off-the-record work-       Antonio Rossmann ’71, an environ-           ment.”                                         the field. One of this year’s visitors,
worst impacts,                                 shops, away from the media and other       mental law teacher at Boalt Hall and            When environmental law emerged             Roger Ballentine ’88, was a key White
                                               distractions that might have hindered      attorney with Rossmann & Moore in           as a discipline in the late 1960s, the         House adviser on climate change dur-
scientists say,                                the free exchange of ideas. The partici-   San Francisco. “Harvard will redefine       priorities were all about cleaning up          ing the Clinton administration, and is
the global                                     pants included U.S. Sen. Jeff Bingaman     environmental law education and set         the air, water and land. The tools were        widely recognized as a leading expert
community                                      (D-N.M.), chairman of the Senate En-       the national standard.”                     legislation, regulation, enforcement           on the subject. In his seminar this past
                                               ergy & Natural Resources Committee,           That’s precisely what HLS Dean           and litigation. Today, climate change          winter, students benefited from ex-
must drastically                               and 17 other political, academic and       Elena Kagan ’86 had in mind when she        represents a new frontier, Freeman             tensive interaction with guest experts,
reduce                                         industry leaders representing diverse      made environmental law a priority           says, where we must rethink the                including U.S. Sen. and former Demo-
greenhouse gas                                 perspectives. HLS students were in-        upon becoming dean. “I wanted us to         world’s energy systems, invest in tech-        cratic presidential nominee John Kerry,
                                               vited, and about a hundred of them en-     focus on these critical issues in really    nology and engage with the developing          who lectured and fielded questions
emissions—a                                    gaged with the panelists, brainstorm-      creative ways,” says Kagan. “Environ-       world. Increasingly, environmental             for nearly two hours. Kerry, says Bal-
task that will                                 ing about how law can best address the     mental problems will require solutions      questions will be answered by what             lentine, was one of the earliest national
require a                                      problem of climate change.                 across borders and disciplines, both        Freeman calls a “transactional market          leaders on the issue of climate change
                                                   “That was a big event, in terms of     regulatory and market-based, and Jody       model”—at least as often as by the old         and is an expert in his own right.
massive effort                                 announcing, ‘HLS is here and wants to      Freeman, a superb scholar and teacher       litigation model.
by individuals,                                make a difference,’” says Professor Jody   and a natural institution builder, is the       “We are in an era when people are          A new clinic
businesses,                                    Freeman LL.M. ’91 S.J.D. ’95, a leading    perfect person to lead our efforts.”        using markets as an approach to regu-          Another major goal was accomplished
                                               scholar of environmental and admin-           Freeman brings a vision that’s in-       lation, alongside and sometimes in-            in 2007 with the launch of an ambitious
NGOs and                                       istrative law, who had just been hired     tended to differentiate Harvard’s pro-      stead of command-and-control regula-           new clinical program (see related story,
governments                                    from UCLA with a mandate to build a        gram from others, and to bring fresh        tion, where government sets standards          p. 28). Under the direction of Clinical
to develop and                                 major center for environmental law at      ideas and solutions to the field. An in-    and requires firms to meet them,”              Professor Wendy B. Jacobs ’81 (see side-
                                               Harvard Law School. For Freeman, the       stinctive convener and collaborator, she    Freeman says. “We’ve been building up          bar, p. 33), students now have a broad
use regulatory,                                conference on climate change marked        canvassed other leading law profes-         to this point for a long time, but we’re       array of opportunities to work on com-
market and                                     the unofficial debut of the school’s new   sors—including Georgetown’s Richard         now full-fledged in an era when regula-        plex environmental law projects and




                                                                                                                                                                                                                                      phil farnsworth
technological                                  Environmental Law Program.                 Lazarus ’79, Duke’s James Salzman ’89       tors are going to be using instruments         cases. Some are off campus with gov-
                                                   The conference couldn’t have been      and Robert Verchick ’89 of Loyola—and       like markets more often, meaning the           ernment agencies and nonprofit orga-
innovations.                                   more timely, according to Jonathan         numerous prominent practitioners and        enterprise of system design on the             nizations. Others are on campus, under
  How can                                      Black, Bingaman’s lead staff member.       policy-makers. The result: a program        front end, and enforcement on the back         Jacobs’ supervision—working on what
lawyers help?                                  For many attendees, it served as a re-     that is changing the way lawyers think      end, are both different. It calls for a dif-   she describes as “cutting-edge, real-                              Sen. John Kerry (D-Mass.) came
                                               hearsal for a hearing convened a month     about environmental law.                    ferent role for lawyers.”                      time projects and cases.” A sampling                               to HLS in January to talk to
                                               later by Bingaman’s committee, and                                                         To prepare students for that role,         of the projects includes greenhouse gas                            students in Visiting Professor
                                               was particularly helpful in framing        “A different role for lAwyers”              the law school now offers an expand-           litigation; fighting false and misleading                          Roger Ballentine’s class on the
                                               issues related to cap and trade sys-       Because environmental issues cut            ing number of environmental law                “green” product claims; a proposal for                             law of climate change. “We only
                                               tems—programs that create financial        across every area of human endeavor,        courses—a “suite” ranging from intro-          a permitting regime for ocean energy                               have about a 10-year window
                                               incentives for reducing greenhouse         Freeman says, the program must train        ductory basics to advanced and even            projects; and development of a liability                           left to try to get this right,”
                                               gas emissions. According to Black,         not only students who are planning          cutting-edge legal work.                       framework for carbon capture and se-                               Kerry said.
                                               the Washington conference, in turn,        environmental careers but also those                                                       questration here and in China.
                                               helped inform the Bingaman-Specter         who will practice in other areas of law.    Key plAyers And prActitioners                      The clinic’s popularity is testimony
                                               Low Carbon Economy Act of 2007,            Litigation—the cornerstone of environ-      Freeman teaches administrative law,            to Jacobs’ ingenuity—she’s been known
                                               which was introduced as Senate Bill        mental law practice in the 1970s and        environmental law, legislation and reg-        to dream up clinical opportunities
                                               1766 in July 2007.                         1980s—will always have its place, she       ulation, and natural resources law. Sev-       from brief news flashes on NPR, and to
                                                                                          says, but it’s now just one of many tools   eral other faculty members, including          encourage students to form interdisci-
                                               A broAd And growing curriculum             for addressing environmental issues.        Assistant Professor Matthew Stephen-           plinary collaborations with programs
                                               Since that first conference, the program   “Law students might wind up in busi-        son ’03 and Tyler Giannini, the clinical       throughout Harvard. “I’ve been match-
                                               has come a long way. It boasts a broad     ness; they might wind up practicing         director of the Human Rights Program,          making like a yenta,” Jacobs says.
                                               and growing curriculum; a new law          law; they might wind up in politics.        teach related courses. And, when he                In a similar vein, Freeman has
                                               and policy clinic; a mentoring program     But they need to be exposed to a range      arrives from the University of Chicago         launched the biannual Junior Scholar-
                                               for emerging environmental law schol-      of environmental issues, even if they       this summer, the newly hired Cass              ship Workshop, in partnership with
                                               ars; and discussion forums for national    don’t view themselves as ‘green’ or ex-     Sunstein ’78, who has a strong interest        the environmental law programs at

22   harvard law b u l l e t i n su m m e r 2 0 0 8                                                                                                                                                                       summer 2008 harvard law bulletin                         23
Berkeley and UCLA, to enable young             a full-time policy person to convene                                     Professor Jody Freeman LL.M.               as fun, because it can sound
scholars to submit their research and          high-level events and engage with pol-                                   ’91 S.J.D. ’95 joined the faculty          perverse—I mean, sea levels
writing for critiques by seasoned aca-         icy-makers in Washington, D.C., and                                      in 2005. She recently told the             are rising, hurricanes are in-
demic mentors. The Environmental               the states. (The ELP now relies on an                                    Bulletin why climbing Mount                tensifying, national security is
Law Program has also been a boon               environmental law fellow—a paid stu-                                     Kilimanjaro didn’t turn her                being compromised by climate
to HLS’s Environmental Law Society             dent position—to help plan events and                                    into an environmentalist—                  change, and it’s all sort of bad
and the Environmental Law Review.              coordinate speakers. So far, Miriam                                      and what did.                              news. But in fact these issues
Students have turned to Freeman and            Seifter ’07 and Meghan Morris ’08 have                                                                              are exhilarating to me because
Jacobs for strategic advice and ideas,         done so ably, Freeman says, but the im-                                  HLB: What led you to this field?           there is such opportunity for
says the review’s managing editor,             pact of the position could be leveraged.)                                JF: I’m a skier and a hiker. I’m           innovation and creativity, both
Matt Krauss ’09. Funding from the pro-         More money for additional staff would                                    from Vancouver; we spend                   by government and nongov-
gram has enabled the Environmental             also make it easier to achieve another                                   all our time outside. But it               ernment actors. There is so
Law Society to hold more events, invite        goal: injecting environmental law into                                   wasn’t primarily that. I came              much good academic scholar-
more speakers and send more students           the entire law school curriculum.                                        to environmental issues more               ship to write, and so much to
to high-level environmental conferenc-             “We need people to help us draft                                     intellectually, I confess, as              do to train students for the
es across the country, says Eric Ritter        curriculum ideas and think about little                                  someone who is interested in               future. Strangely, my optimism
’09, the society’s president. In January       modules—a set of examples that you                                       how systems work, how regula-              just deepens at the darkest,
2008, the Environmental Law Society            could integrate into other courses,”                                     tion works. I like design. The             bleakest moments. When Hur-
and the National Security Law Society          says Freeman. “What if we developed                                      question is: How do we create              ricane Katrina happened, like
co-sponsored a talk at HLS by former           a set of materials for the bankruptcy                                    governance institutions to deal            many people who care about
CIA Director R. James Woolsey on the           courses about the relationship between                                   with high-stakes problems in a             climate change, I actually
relationship between national security         environmental problems and bank-                                         context of tremendous interest             thought, Finally, a catastroph-
and climate. Says Freeman: “I know             ruptcy? What if we designed a set of                                     group conflict? I’m a lawyer               ic event that will make people
I’ve got a successful event when the           materials for the securities course that                                 who thinks like an institutional           realize that something serious
groups that think they’re right-lean-          could expose students to environmen-                                     architect.                                 and strange is going on in the
ing and the groups that think they’re          tal liability issues?” she asks, adding                                  What do you enjoy about what               natural world! If anything will
left-leaning co-sponsor it with equal          that lawyers will increasingly be ex-                                    you’re doing?                              bring this home and force gov-
enthusiasm.”                                   pected to advise their business clients                                  It’s hard to describe these                ernment to act, it’s going to be
                                               about legally mandated environmental                                     serious environmental issues               the terrible impact of Katrina.
stArtup venture                                disclosures.                                                                                                        With the Environmental Law



                                                                                            EvErything …
Looking ahead, Freeman and Jacobs                  As the program grows, Harvard                                                                                   Program, you’ve accomplished
say there’s much more that they want           Law School is putting the full force of                                                                             a tremendous amount in a
to do. “We need people who believe in          its influence and talent behind solv-                                                                               very short time.



                                                                                               and right now
this program model,” says Freeman,             ing the problem of climate change: In                                                                               Life is short. Once, my family
“one that focuses on a wide range of           April 2008, the school held its second                                                                              sat around and talked about
regulatory tools, cares about business         major conference on environmental                                                                                   what we’d each be if we could
and seeks to engage students who are           law in two years, “Carbon Offsets: Op-                                                                              be summed up by book titles.
not already self-identified environmen-        portunities and Challenges for State                                                                                And my book title was Every-
talists. We need people who believe            Carbon Trading Schemes.” In addition
                                                                                                                        The founding                               thing and Right Now. With
that Harvard Law School can have               to scholars, the 18 panelists included                                   direcTor of                                these issues in particular—en-
more of an impact than any other law           representatives of state agencies, envi-                                 harvard’s new                              vironmental impacts and es-
school, who will be willing to finance it      ronmental organizations, industry and                                    environmenTal                              pecially climate change—you
as it gets off the ground.” The program        the banking sector.                                                      law Program                                can’t sit around and wonder
is a startup, she says, and it needs ven-          For Freeman, bringing all of these                                   wasTes no Time—                            what you should do in the next
ture capital. With Kagan’s enthusiastic        interests to the table is essential. It                                  and says There’s                           10 or 20 years. It’s too urgent
backing, she has logged thousands              reflects the kind of program HLS is
                                                                                                                        no Time To wasTe.                          for that kind of luxury. This is
of miles flying around the country to          building: cooperative, interdisciplinary                                                                            not to say I’m a doomsayer. I’m
drum up support.                               and innovative. And it mirrors what’s                                                                               not. But if we don’t figure out
    What would the school do with the          necessary to thwart disaster and pro-                                                                               how to make some transitions
money? Hire more faculty members to            tect life on Earth. P                                                                                               to a smarter, high-tech and
further strengthen teaching and schol-                                                                                                                             more energy-efficient way of
arship. Expand the clinical program            Jeri Zeder is a freelance writer living in                                                                          doing things, and if we don’t
by adding staff attorneys. Dedicate            Lexington, Mass.

24   harvard law b u l l e t i n su m m e r 2 0 0 8                                         Photograph by leah fasten                                 summer 2008 harvard law bulletin          25
do it fast—in the next two,
                                                  the Baykeeper’s Legacy
three, four, five years—we                                      A longtime
could be facing some very bad                            environmentAlist
consequences. So I have a kind                          wAnts lAw to cAtch
of impatience that’s helpful.                                 up to science
Did something happen in your
life that makes you feel life is                  When Dan A. Emmett attended
short?                                            Harvard Law School in the early
I’ve had some wonderful                           1960s, there was no such thing as an
adventures, like climbing Kili-                   environmental movement, let alone
manjaro and scuba diving in                       an environmental law class or clinic.
some of the greatest spots in                     But five years after his 1964 gradua-        on mt. everest in
the world. You really do marvel                   tion, an ecological disaster awakened        1976: (from right)
at the wonder of it all when                      Emmett and many of his fellow Cali-          dan emmett ’64,
                                                                                               frank morgan ’63
you’re standing there at 19,000                   fornians to the cause of environmen-         and Phil Trimble ’63
feet, or when you’re staring at                   tal protection.
an ocean of life 80 feet below                        An oil platform off the coast of
sea level. And now it’s all at                    Santa Barbara ruptured, sending 3
risk—the reefs are bleaching,                     million gallons of crude oil onto the
Kilimanjaro’s snow is melting,                    city’s beaches and surrounding chan-         tal laws,” says Emmett. “The Clean
and the polar ice cap is retreat-                 nels and killing tens of thousands of        Air Act and the Clean Water Act are
ing. It gives me real pause,                      birds, seals and dolphins. Emmett,           very good, but lawyers have to un-
and at the same time I find it                    who witnessed the disaster from a            derstand how to use them. And in the
motivating. I want to write                       shared beach house, recalls: “There          climate change catastrophe, science
scholarship that is both intel-                   was a foot of oil along the coast. It gal-   is way ahead of the law in regulation
lectually interesting and able                    vanized people to get organized.”            and policy, so we have to train young
to have an impact, and I want                         Emmett has made his career in real       lawyers to work on these issues.”
to train students to tackle the                   estate management and development.               Emmett has seen some of his fa-
future’s problems.                                He co-founded the Santa Monica-              vorite places on earth degraded—from
You received awards for                           based firm Douglas Emmett and Co.            Santa Monica Bay to the hills of
teaching when you were at                         in 1971, and he is now chairman of its       Northern California, where he grew
UCLA. Do you have a vision of                     successor public company, Douglas            up. He has also been saddened by
teaching that you bring into                      Emmett Inc. An avid outdoorsman—             the pollution around Mount Everest,
the classroom?                                    he climbed Mount Everest in 1976 and         which he came close to summiting
I’m a high-energy person in the                   was headed on a helicopter skiing trip       along with climbing buddies Phil
classroom. I try to bring the                     to the Cariboo Mountains in British          Trimble ’63 and Frank Morgan ’63 in
students into my excitement                       Columbia this spring—Emmett has              1976. For that expedition, the group
and interest. The challenge                       held environmental concerns close to         hiked for three weeks in Tibet to reach
is to teach analytic tools                        his heart since the Santa Barbara spill.     base camp. Last year, Emmett drove
and legal skills in a way that                    He helped found the Santa Monica             along newly constructed roads to that
connects with students and                        Baykeepers, to restore and protect the       same base camp, which was teeming
makes them feel part of a                         Santa Monica Bay, and his real estate        with 30 climbing groups and littered
shared experience. It’s a rela-                   company has pioneered energy and             with gear. Though he gave up high-
tional thing. When it works,                      water conservation in commercial             altitude climbing when his children
it’s to their credit as much as                   buildings. Now, a $5 million grant           were young, at 68, Emmett is still an
mine. There’s no way to be a                      from Emmett has aided in the creation        avid biker, kayaker and skier. Protect-
good teacher by yourself. It                      of the law school’s Environmental            ing the outdoors is his passion.
doesn’t exist.                                    Law and Policy Clinic, which will                “The law and policy clinic has
                                                  soon bear his name.                          great potential,” says Emmett. “The
—interview by Jeri Zeder                              “The political machinery and the         student interest is there, and with the
                                                  juggernaut that is doing the damage to       team of Dean Kagan, Jody Freeman
                                                  the environment are unstoppable un-          and Wendy Jacobs, there is a chance
                                                  less you have very good environmen-          to make a difference.”         —M.B.D.



26   harvard law b u l l e t i n su m m e r 2 0 0 8                                                                                      summer 2008 harvard law bulletin   27
         By Michelle Bates deakin




                                                                                    getty images
       Jacobs’ Ladder
         a new clinic                                 In October 2007,
                                                      Kansas Secretary of
                                                                                  defend you.” Bremby
                                                                                  accepted, and was soon
         letS StudentS                                Health and Environ-         receiving advice and
         Step up to                                   ment Roderick L.            briefs from Jacobs and
         environmental                                Bremby denied an
                                                      application for two
                                                                                  the Harvard Law stu-
                                                                                  dents working in the
         challengeS—                                  new coal-fired power        clinic.
         and onto the                                 plants, basing the             Jacobs came to the
         firSt rungS of                               decision explicitly on
                                                      concerns about carbon
                                                                                  law school last sum-
                                                                                  mer, charged with cre-                                                        Branch office
         their careerS                                dioxide emissions and       ating a hands-on legal
                                                                                                                                                        A team of HLS students
                                                                                                                                                       helped a Kansas official
                                                      global warming. It was      clinic in which stu-                                                        fend of challenges
                                                      the first time that a       dents could put their                                                      to his denial off an
                                                                                                                                                          application to build a
                                                      high-level government       academic knowledge of                                                 coal-fired power plant.
                                                      official in the U.S. has    environmental law to                                                Clockwise: Alison Healey
                                                      denied such a permit        practical use. She has                                                 ’08, Eric Ritter ’09, Neil
                                                                                                                                                        Gormley ’09 and Jimmy
                                                      on those grounds.           drawn on her 27 years                                                           Richardson ’09
                                                         When Wendy B. Ja-        of environmental work
                                                      cobs ’81, director of the   and connections to cre-
                                                      HLS Environmental           ate a wide-ranging set
                                                      Law and Policy Clinic,      of opportunities for the
                                                      heard about Bremby’s        more than 20 students
                                                      decision, she knew          who have joined the
                                                      what would come next:       clinic in its inaugural
                                                      lawsuits. It was just the   year. In addition to
                                                      kind of novel opportu-      the Kansas litigation,
                                                      nity she was seeking        students have worked
                                                      for her students. So she    on a broad variety of
                                                      phoned Bremby’s office      projects. They’ve sub-
                                                      and said she had an of-     mitted comments to
                                                      fer he couldn’t refuse:     the Federal Trade Com-
                                                      “We at the Harvard          mission, urging it to
                                                      Law School Environ-         toughen its guidelines
                                                      mental Law and Policy       on what manufacturers
                                                      Clinic want to help         can say about the envi-

28   harvard law b u l l e t i n su m m e r 2 0 0 8                                                Photographs by l e a h fasten   summer 2008 harvard law bulletin         29
                                                     tailor-Made
                                           3L Jim Krenn’s clinical
                                              placement drew on
                                                his twin interests
                                               in finance and the
                                                     environment.


                                                                     tary Bremby. She met weekly with Jacobs and other ELPC            the ceres project                                                  memo describing current climate change litigation through-
                                                                     students to share what they learned reviewing the adminis-        Jim Krenn ’08 majored in finance at the University of Notre        out the U.S. He found that there has been an uptick in the
                                                                     trative record and the voluminous comments on Bremby’s            Dame, and while at HLS, he has been actively involved with         number and scope of lawsuits asking for injunctive relief
                                                                     denial of the permit.                                             Harvard University’s Green Living Program, which encour-           related to climate change, although few of them have been
                                                                         Last November, shortly after Bremby killed the plans for      ages students university-wide to conserve, recycle and live        successful. He believes that will change, however, in the
                                                                     the coal-fired plants, he and his department were sued in         sustainably. For him, the ELPC was a way to blend his twin         same way tobacco and asbestos lawsuits eventually made
                                                                     Kansas State Court by Sunflower Electric Power Corp., Tri-        interests in finance and the environment.                          headway.
                                                                     State Generation and Transmission Association, the Board             Jacobs strives to tailor clinical opportunities to individual       “Traditional law school classes are very heavily based on
                                                                     of Commissioners of Finney County, Kans., and the Garden          students. Given Krenn’s interests, she found an opportunity        reading cases,” says Krenn, who will be an associate at the
                                                                     City Area Chamber of Commerce. The suit claims that, in           for him to intern with Ceres during the fall of his 3L year.       San Diego office of Morrison & Foerster in the fall. “To be
                                                                     denying the coal plant permit, Bremby acted unlawfully by         Based in Boston, Ceres is a national coalition of investors,       able to take a more practical, hands-on approach adds a fur-
                                                                     altering public policy in the absence of state or federal laws    environmental organizations and other public interest              ther dimension to working with the theory.”
                                                                     governing carbon dioxide emissions. Bremby answered that          groups working with companies and other institutions to
                                                                     it was within his capacity as secretary of health and environ-    address sustainability challenges such as climate change. Its      consumer guides And ships in port
                                                                     ment to deny the permit application. (In an unusual move,         mission is to integrate sustainability into capital markets.       Benjamin Thibault ’09 isn’t interested in litigation. What
                                                                     the Kansas Supreme Court took the case sua sponte and,               Krenn’s work with the coalition focused on developing           drew him to the Environmental Law and Policy Clinic was
                                                                     after briefing, retained jurisdiction but remanded for further    a petition to the U.S. Securities and Exchange Commission,         the policy aspect.
                                                                     administrative proceedings—a victory for Bremby.)                 encouraging it to ask for more disclosure by companies                 Thibault describes himself as “a headstrong environ-
                                                                         Along with Jacobs and attorneys for the Kansas Depart-        about their environmental impacts. “Environmental report-          mentalist.” His e-mails end with a message to readers in
                                                                     ment of Health and Environment, the students drafted two          ing by companies is either not there or very inconsistent,”        two languages: “Before printing, think about the Environ-
                                                                     briefs in the case. They also made careful study of the in-       says Krenn. “There’s little ability for investors to compare       ment. Avant d’imprimer, il faut penser l’Environnement.” He is
                                                                     terplay between applicable state and federal regulations. “I      different companies and how they are managing risk. The            working for Greenpeace in Amsterdam this summer (and
                                                                     didn’t realize how intricate and detailed environmental work      petition was geared toward increasing transparency.”               is one of five students receiving summer funding from the
                                                                     was,” says Healey. “We’re working with real clients on issues        Krenn dug through 10-Ks and other financial reports to          Environmental Law Program’s newly established Covey Fel-
                                                                     that have implications for the future. It’s my generation’s       analyze corporate disclosure practices. He also prepared a         lowships).
                                                                     responsibility to be raising awareness about environmental
                                                                     issues and developing a plan of action.”
                                                                         Healey was also struck by the onslaught of shifting dead-
                                                                     lines that govern law practice. “It’s been eye-opening,” she
ronmental friendliness of their products. They’ve weighed            says. “In law school, we live in a bubble. This case has set                                                                                                                     “a headstrong
                                                                                                                                                                                                                                                 environMentalist”
in with the U.S. Environmental Protection Agency, explain-           deadlines and issues that change from week to week.”                                                                                                                      Benjamin Thibault ’09 is
ing why its jurisdiction to regulate air pollution extends to            As in real practice, that sometimes means dropping ev-                                                                                                                drawn to environmental
emissions by foreign ocean-going vessels that dock in U.S.           erything else to do something for your client. That’s what                                                                                                                     policy rather than
                                                                                                                                                                                                                                                             litigation.
ports. They’ve created a set of consumer-friendly brochures          three students working on the Kansas litigation did when
to facilitate purchasing of renewable energy. One student            they learned that Bremby had been summoned to testify in
has assisted a national investor advisory group in promot-           front of the U.S. House Select Committee on Energy Inde-
ing better corporate environmental policies. Others have             pendence and Global Warming. Kansas Team Leader Jimmy
worked with the Massachusetts Department of Environ-                 Richardson ’09, along with classmates Neil Gormley and
mental Protection, the Conservation Law Foundation or the            Eric Ritter, learned on a Monday that Bremby would be tes-
Environmental Law Institute.                                         tifying three days later. So they jumped on a plane to Wash-
    “There’s an old model of environmental program that              ington to help prepare Bremby for his appearance.
was created in the ’80s, where students would go sue pollut-             For Richardson, who had spoken with Bremby on the
ers and primarily learn about litigation. Our vision is very         phone, the D.C. trip was the first chance to talk with his cli-
different,” says Jacobs. “It’s about training students to do a       ent face to face. “It was an amazing honor to meet this gentle-
whole range of things now that we have a very different set          man, who really is something of an environmental hero,”
of environmental problems—especially problems around                 Richardson says.
climate change and global warming.”                                      With the hands-on experience he has gained in the case,
                                                                     Richardson is ready for his summer job doing environmen-
the KAnsAs cAse                                                      tal work in the Massachusetts Attorney General’s Office.
When she wasn’t attending class or studying cases this               After graduation, he plans to pursue a public interest job in
spring, Alison C. Healey ’08 was writing memos for Secre-            environmental enforcement.



30   harvard law b u l l e t i n su m m e r 2 0 0 8                                                                                                                                                                     summer 2008 harvard law bulletin             31
                                                                 “nontraditional,
    In his clinical project, Thibault is team
leader of an effort to create user-friendly
consumer guides to purchasing renewable
                                                                   multifaceted and creative”
energy in the six New England states plus
                                                                                                                                                           After public
                                                                                                                                                            service And
New York and New Jersey. The guides will                                                                                                               privAte prActice,
help consumers understand the various                                                       Love Canal             1981, Jacobs signed                wendy b. JAcobs ’81
options available for purchasing and/or                                                     changed Wendy          on with the Depart-                brings worlds of
subsidizing the development of clean                                                        Jacobs’ life.          ment of Justice in                   experience to A
energy. They will also explain state rules                                                      In 1979, when      Washington, D.C.,                         new clinic
about how consumers can choose one                                                          newspapers began       in the Land and
form of energy—such as geothermal—over                                                      chronicling the        Natural Resources
another—such as wind or solar. And                                                          rampant illness        Division. The
they will include guidance on tax credits                                                   and birth defects      experience was for-     ronmental manage-      or endangered spe-
and installation of systems that generate                                                   among residents        mative—“Boy, did        ment and self-audit    cies, Jacobs wants
power. Guides for all eight states were                                                     of the Niagara Falls   I love it,” she says.   programs. She ad-      Harvard’s clinic to
expected to be completed by the end of the                                                  neighborhood built     “I was fortunate        vised them about       have a broader fo-
semester.                                                                                   on 21,000 tons of      to be able to argue     the environmental      cus—from enforce-
    “People don’t have time to figure out if                                                chemical waste,        in courtrooms all       risks attendant on     ment of existing
they can buy green energy directly or buy                                                   Jacobs—then a          across the country,     the purchase and       laws to working on
renewable energy credits,” says Thibault.                                                   student at Harvard     something that          sale of real estate,   consumer issues
“Our goal is to help them figure out their                                                  Law School—be-         none of my friends      the acquisition        to finding innova-
options in layman’s terms and reduce                                                        came apoplectic. “I    in the private sec-     and divestiture of     tive ways to help
their transaction costs.”                                                                   knew I wanted to       tor did. I was also     corporate units,       companies reduce
    Before working on the energy guides,                                                    force the bad ac-      able to work on         and the distribu-      their impact on the
Thibault joined other students in the                                                       tors to pay for the    policies affecting      tion of products       environment. Her
clinic to draft a comment-letter to the                                                     damage and inju-       the implemen-           overseas, where        goal is for the clinic
EPA, on behalf of the Environmental                                                         ries they caused.”     tation of envi-         some of the envi-      to be “nontradi-
Defense Fund, on how the EPA should                                                             It was a radical   ronmental laws          ronmental laws         tional, multifac-
regulate emissions from vessels in ports.                                                   shift for Jacobs,      throughout the          are more stringent     eted and creative,”
Ships spew ozone and noxious chemicals                                                      who had come           United States.” For     than in the U.S.       and she is com-
from burning marine diesel. The pollution                                                   to HLS to study        this reason, Jacobs     And she worked         mitted to training
affects the often economically disadvan-                                                    international          now encourages          extensively with a     law students to be
taged and minority communities that live                                                    law. Instead, her      her students to         host of state and      attuned to environ-
nearby. And, Thibault explains, many                                                        career has been        seek out similar op-    local governments      mental issues no
commercial vessels sail under foreign                                                       in environmental       portunities in the      in their develop-      matter what kind
flags, such as Liberia and Panama, which                                                    law, starting in the   public sector.          ment of rules and      of law they go on
have lax regulations. The clinical students                                                 earliest days of           Jacobs later        permits affecting      to practice.
argued that the EPA has the authority                                                       toxic tort cases and   headed into the         her clients.               “Students
to regulate vessels flagged under foreign                                                   shaping the laws       private sector,             Now, at HLS,       know what the
countries, even though it has never done                                                    designed to pro-       working first for       Jacobs is drawing      laws are, but they
so before.                                                                                  hibit and clean up     a large law firm in     on the full range of   don’t know how
    It was a valuable experience for                                                        hazardous waste        Seattle and later at    her experience to      agencies or corpo-
Thibault, a Canadian who would like to                                                      and chemical con-      another in Boston       create far-reach-      rations work,” she
eventually pursue environmental policy                                                      tamination. Having     where she was           ing opportunities      says. “My goal is to
work in Canada. “It was good to get our                             clinical Professor      worked in both the     a partner for 18        for students in the    bridge the gap be-
arguments out there,” he says. “It was                              wendy B. JacoBs ’81:    public and private     years. She coun-        Environmental Law      tween academics
good to point out to the EPA how egre-                             Committed to training    sectors, Jacobs re-    seled municipali-       and Policy Clinic.     and real practice. I
                                                                        ALL law students
gious it is to not act.” P                                               to be attuned to   turned to HLS last     ties, schools and       While other law        want my students
                                                                    environmental issues    year to launch the     corporate entities      schools have creat-    to learn how to use
Michelle Bates Deakin is a freelance writer                                                 Environmental Law      about environmen-       ed environmental       the law to protect
living in Arlington, Mass.                                                                  and Policy Clinic.     tal compliance          clinics that focus     and improve the
                                                                                                After graduat-     and helped them         on a single issue,     environment.”
                                                                                            ing from HLS in        develop their envi-     such as clean water    —M.B.D.

32   harvard law b u l l e t i n su m m e r 2 0 0 8   Photograph by asia kepka                                                     summer 2008 harvard law bulletin                  33

				
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