Pace Environmental Litigation Clinic

New York Supreme Court in Albany County has granted the motion to intervene filed by the Clinic in a groundbreaking Green Amendment action regarding a hazardous waste incinerator in upstate New York. The Clinic brought claims on behalf of Lights Out Norlite and local residents, arguing that the Norlite facility – which has been repeatedly fined over the past two decades – cannot be operated in a way that protects the health and environment of the residents, including an environmental justice neighborhood directly adjacent to the facility. The Court granted the motion to intervene, rejecting both Norlite’s and DEC’s arguments that intervention was unnecessary or prejudicial. As the Court states, the fact that DEC claims it “‘already seeks to protect the rights of the intervenors to clean air and a healthful environment’ cannot be considered an adequate substitute for the intervenors' Green Amendment claim, especially in light of DEC's enforcement history against Norlite, and certainly cannot be a basis upon which this Court denies their intervention.” Link below.

Decision on Motion to Intervene.pdf

Clinic intern Megan Gaddy (pictured) argued our petition on behalf of Clean Air Action Network of Greater Glens Falls today in the Saratoga County Supreme Court. The Petition seeks to compel an Environmental Impact Statement for a proposed first of its kind biosolid facility. The Judge was incredibly well prepared and knew the record and the issues in detail, but so was Meggie, who argued the matter extraordinarily well. We hope to get a ruling in 2 months.

Since 2017, residents of Ossining and Croton-on-Hudson have been plagued by extremely loud, low-frequency noise produced by the Croton Harmon Yard and Croton Harmon Station. The consistency and volume of the noise, most often heard between 10 PM and 5:30 AM, prevents residents from sleeping, and has caused loss of hearing, tinnitus, confusion, loss of appetite, headaches and lethargy.

On February 23, 2023 the Clinic filed a Complaint for Declaratory and Injunctive Relief in the Supreme Court of New York Westchester County against the MTA and Metro North on behalf of Neighbors Opposing Noise, Inc. Neighbors Opposing Noise, Inc. is challenging the noise pollution produced at the Croton Harmon Yard and Croton Harmon Station, which continues to impact the health and wellness of nearby residents. Ossining and Croton-on-Hudson residents faced similar issues in the early 2000s; however, at that time the MTA and Metro-North cooperated with local officials, ultimately mitigating noise pollution to the communities surrounding the Croton Harmon Yard and Station.

Despite their past cooperation with affected communities, the MTA and Metro-North deny responsibility for the ongoing noise pollution. Neighbors Opposing Noise, Inc. seeks to permanently end the noise pollution produced by the MTA and Metro North, allowing Ossining and Croton-on-Hudson residents much needed sleep.

Pace Environmental Litigation Clinic | LinkedIn Pace Environmental Litigation Clinic | 31 followers on LinkedIn. A legal clinic devoted to representation of non-profit environmental groups. | The Pace Environmental Litigation Clinic represents a wide variety of environmental groups, from nationwide groups like NRDC, to smaller, more local groups....

New job alert posted on LinkedIn. Come over and follow our new LinkedIn page! We'll be posting job openings and other content of particular interest to clinic alumni and interns.

www.linkedin.com

All, we have created a LinkedIn page for the clinic alums and interns. Given the decreasing use of Facebook and Twitter, and the nature of many of our posts (job openings), much of our content will migrate to LinkedIn. We’ll keep FB too for now, but may drop Twitter. Give us a follow on LinkedIn for clinic news and enviro law positions!!

Pace Environmental Litigation Clinic | LinkedIn Pace Environmental Litigation Clinic | 31 followers on LinkedIn. A legal clinic devoted to representation of non-profit environmental groups. | The Pace Environmental Litigation Clinic represents a wide variety of environmental groups, from nationwide groups like NRDC, to smaller, more local groups....

Today, the Clinic filed a Motion to Intervene in the State of NY and New York State Department of Environmental Conservation v. Norlite, LLC on behalf of Lights Out Norlite in the Supreme Court of New York Albany County. Lights Out Norlite seeks to intervene in the State case to sue the Norlite Facility for its members’ decade-long exposure to harmful air contaminants. Lights Out Norlite also seeks to challenge DEC’s lack of enforcement action with regard to the Facility as a violation of its members’ constitutional rights to clean air and a healthful environment, pursuant to the recently enacted Green Amendment.

The Norlite Facility, an aggregate production and hazardous waste incineration facility, has long plagued the community in Cohoes, NY through its emission of harmful pollutants. Nearby residents are severely impacted by the Facility’s production of fugitive dust emissions, which blanket their homes, cars, and other property in a sheet of dust. The air contaminants in this dust significantly increase the risk of adverse health effects in the surrounding communities. Despite voicing their grievances to DEC for years, DEC has only issued mere slaps on the wrist in the form of penalties. Lights Out Norlite through its motion to intervene seeks to ensure that the proper remedy is awarded – the immediate and proper closure of this Facility.

Link to Complaint:https://law.pace.edu/sites/default/files/PELC/Norlite%20Nuisance%20Complaint%20-%20FINAL.pdf

law.pace.edu

Job Alert! CT’s Dept. of Energy and Environmental Protection (DEEP), Public Utilities Regulatory Authority (PURA) is looking to hire a Staff Attorney in New Britain. PURA's Office of Education, Outreach and Enforcement is looking for an enthusiastic recent law school graduate! For info: https://www.jobapscloud.com/CT/sup/bulpreview.asp?R1=220929&R2=0087AR&R3=001

Job Opening: Staff Attorney 1 - Department of Administrative Services The State of Connecticut is an equal opportunity/affirmative action employer and strongly encourages the applications of women, minorities, and persons with disabilities.

Job Alert! The Abrams Environmental Law Clinic, at the University of Chicago Law School, is hiring a clinical fellow to start this academic year. The Abrams Environmental Law Clinic Fellowship is a great opportunity for someone interested in clinical teaching specifically or transitioning to plaintiff-side environmental and energy work generally. For more info: https://apply.interfolio.com/118158

Legal Fellowship opportunity! Riverkeeper is seeking a new law school graduate for a full time, six month attorney position with full benefits and the potential to renew through one year. Details:https://www.riverkeeper.org/wp-content/uploads/2022/11/Riverkeeper-Legal-Fellow-Position-Description-November-2022.pdf

www.riverkeeper.org

Job Alert! Riverkeeper is seeking a Staff Attorney or Senior Attorney to join their well-respected legal team and contribute to Riverkeeper’s presence and effectiveness in the Hudson River, its tributaries, and the watershed that provides NYC’s drinking water. More info:https://www.riverkeeper.org/wp-content/uploads/2022/11/Staff-Attorney-11-22-2022.pdf

www.riverkeeper.org

Job Alert! The Environmental Law Clinic at UC Berkeley School of Law is seeking an additional Clinical Supervising Attorney to start in time for the spring 2023 semester. More info: https://aprecruit.berkeley.edu/JPF03748

Clinic Supervising Attorney - Environmental Law Clinic - School of Law University of California, Berkeley is hiring. Apply now!

Opportunity Alert! The Sabin Center for Climate Change Law is seeking a Climate Justice Fellow. This is an early-career, one year fellowship with an option for a second year, beginning in September 2023. For more info: https://climate.law.columbia.edu/content/jobs-internships-sabin-center

Jobs and Internships at the Sabin Center | Sabin Center for Climate Change Law Jobs and Internships at the Sabin Center Fellowship in Climate Change Law The Sabin Center for Climate Change Law seeks a Climate Justice Fellow for a one-year appointment, with an option for a second year, starting in September 2023. Under the supervision of Michael Gerrard, Faculty Director and Mi...

Opportunity Alert! NYC DEP is hiring two early career attorneys to work in the DEP's upstate office in the Catskills! For more information: https://www.linkedin.com/pulse/environmental-attys-needed-nycdep-catskills-marla-e-wieder/?trackingId=qnlXijf6QeayFGlA1VvJsA%3D%3D

Environmental Attys needed @ NYCDEP - Catskills! Exciting career opportunity for 2 early career attorneys to work in DEP’s Upstate Office in the Catskills! You’d handle a broad (and interesting) array of legal work required for DEP in matters including, but not limited to NYC’s drinking water supply and watershed preservation, in some/all th...

"The Real Purpose of CAAN's Lawsuit" - a guest essay by Clinic intern Meggie Gaddy

The real purpose of CAAN’s lawsuit A guest essay about the lawsuit filed by the Clean Air Action Network of Glens Falls involving the Saratoga Biochar proposal.

Clinic Director Todd Ommen, who has been very involved in New York’s Green Amendment, recently published an article regarding common misunderstandings about Environmental Rights Amendments. https://www.americanbar.org/groups/environment_energy_resources/publications/trends/2022-2023/november-december-2022/environmental-rights-amendments/

Environmental rights amendments: Misconceptions and application What is really going on with Environmental Rights Amendments, and what we can expect to happen next?

Job alert! Suffolk Law in Boston is hiring a Visiting Clinical Professor, at any faculty rank, to launch a new Environmental Law Clinic during the 2023-2024 academic year. For more info: https://jobs.jobvite.com/suffolkuniversity/job/od2vkfwO

Suffolk University is looking for Visiting Clinical Professor – Environmental Law Clinic. Suffolk University is looking for Visiting Clinical Professor – Environmental Law Clinic. Learn more or Jobvite a friend.

On October 17th, 2022, the Clinic filed a Notice for Leave to File an Amici Curiae Brief on behalf of Adirondack Wild: Friends of the Wild Preserve and Sierra Club. This brief challenged the Adirondack Park Agency’s (“APA”) decision to grant a permit application for the construction of a marina project on the Lower Saranac Lake. The APA approved this permit without conducting carrying capacity analysis of the lake, despite the fact that this project is one of the largest marina projects ever to be authorized by the APA and carrying capacity analysis is required under New York law. Carrying capacity analysis is necessary to assess the full environmental impact the project could have on the Lower Saranac Lake. Student Attorney Mia Petrucci prepared the documents, and the Third Department granted the brief amici curiae on November 3rd, 2022.

Opportunity alert! Riverkeeper has posted a Legal Fellowship position! They are seeking a new law school graduate who will contribute to Riverkeeper’s presence and effectiveness in protecting the Hudson River, its tributaries, and the watershed that provides New York City’s drinking water. The Fellowship is a full-time, six-month attorney position with full benefits and the potential to renew through one year. For more info: https://www.riverkeeper.org/riverkeeper-mission/jobs/ #

Jobs We offer paid positions and internships that provide strong experience in policy, litigation, development, and communications.

Job Alert! Environmental Advocates NY is seeking to hire a Legislative and Communities Associate. More info: https://eany.org/job/environmental-advocates-ny-seeks-a-legislative-and-communities-associate

Legislative and Communities Associate - EANY Environmental Advocates NY seeks a Legislative and Communities Associate.

"Ensuring that state and local government agencies abide by the New York State Environmental Quality Review Act [SEQRA] is crucial in preventing hasty and unsupported approvals of industrial facilities like this one. We hope that filing this Article 78 Petition will be the first step in holding the Town of Moreau Planning Board accountable and in keeping the community safe,” said Megan Gaddy in the statement. Gaddy is a third-year Pace University law student and student intern at the Pace Environmental Litigation Clinic.

CAAN sues Moreau Planning Board over Biochar environmental review Petition challenges environmental study.

Job Alert! WE ACT for Environmental Justice is hiring two lawyers to work in their Washington DC office. Job descriptions:
Policy Director, Clean Air & Water (Attorney):https://www.weact.org/wp-content/uploads/2022/08/WE-ACT-Policy-Director-Clean-Air-Water-Attorney-August-2022.pdf
Federal Regulatory Affairs Manager (Attorney):https://www.weact.org/wp-content/uploads/2022/08/WE-ACT-Federal-Regulatory-Affairs-Manager-Attorney-August-2022.pdf

www.weact.org

On September 26, 2022, the clinic filed an Article 78 Petition on behalf of Clean Air Action Network, challenging the Town of Moreau Planning Board's approval of a site plan via a Negative Declaration to build a facility that would burn sewage to produce carbon fertilizer. The Planning Board approved this facility without independent study of the many potential negative environmental impacts, despite the fact that this would be the first facility of its kind in New York and in violation of SEQRA. Intern Megan Gaddy prepared the documents, and the case is currently pending in the Saratoga County Supreme Court. You can read the Petition here:https://law.pace.edu/sites/default/files/PELC/PETITION_1.pdf

law.pace.edu

Job Alert! Potomac Riverkeeper Network is seeking candidates for a senior position with their organization, as legal and program director. They are looking for attorneys with at least 5 years of experience. Job posting: https://www.potomacriverkeepernetwork.org/category/employment/

Employment - Potomac Riverkeeper Network Vice President of Programs and Litigation – August 2022 08/12/202208/12/2022 Join our passionate and dynamic team as Vice President of Programs and Litigation, working with our three talented and experienced Riverkeepers to protect the beautiful and historic Potomac and Shenandoah Rivers. The Poto...

The Clinic has filed an Article 78 Petition, challenging the town of Gardiner’s approval of a site plan to build a home on the ecologically sensitive Shawangunk Ridge. Despite its own town code requiring such development to be on the “lowest feasible elevation” of the property, the planning board approved plans to build higher up on the ridge, in an environmentally protected section of the Ridge. The Petition challenges this decision and the environmental review that led to it as arbitrary, capricious and contrary to law. The papers were drafted by clinic intern Daniel Krupa. Article: https://www.timesunion.com/hudsonvalley/realestate/article/Shawangunk-Ridge-developments-Gardiner-17406946.php

Shawangunk developments spark controversy over land use Several disputes between property owners, environmentalists and local government are...

Job Alert! Potomac Riverkeeper Network is seeking a new Vice President of Programs and Litigation. Exciting job opening for a mid-level to senior environmental lawyer! Job posting: https://www.potomacriverkeepernetwork.org/vice-president-of-programs-and-litigation-august-2022/

Vice President of Programs and Litigation - August 2022 - Potomac Riverkeeper Network Join our passionate and dynamic team as Vice President of Programs and Litigation, working with our three talented and experienced Riverkeepers to protect the beautiful and historic Potomac and Shenandoah Rivers. The Potomac Riverkeeper Network (PRKN) is the sole nonprofit combining assessment, advo...

Job alert! Scenic Hudson is seeking an advocacy attorney. Excellent opportunity for a junior lawyer interested in environmental issues! Job posting: https://www.scenichudson.org/news/jobs/advocacy-attorney/

Advocacy Attorney - Scenic Hudson Reporting to: Director of Environmental Advocacy and Legal Affairs Mission of Position: The Advocacy Attorney will collaborate with a team of attorneys, policy analysts, land use planners and community organizers advancing environmental campaign goals. The Advocacy Attorney will advance Scenic Hudso...

Job Alert! Earthjustice is seeking an Associate Attorney to join their team focusing on advocacy and litigation before the Federal Energy Regulatory Commission and other federal agencies and in the courts to stop a buildout of new gas infrastructure projects. Job posting: https://jobs.jobvite.com/earthjustice/job/ol7xkfw3?nl=1&fr=false

Earthjustice is looking for Associate Attorney, Climate & Energy. Earthjustice is looking for Associate Attorney, Climate & Energy. Learn more or Jobvite a friend.

The PA DEP is hiring! The Pennsylvania Governor’s Office of General Counsel (OGC) is seeking an attorney to serve as Assistant Counsel in the Department of Environmental Protection (DEP). They are looking for candidates with a strong interest in environmental law. Job posting:https://www.ogc.pa.gov/Careers/Documents/DEP%20Atty%20Job%20External%20Posting%20(BRC)%2007-2022.pdf

www.ogc.pa.gov

In 2020, the citizens of Troy were introduced to an apartment complex project that would destroy forest land and animal habitat on the outskirts of Troy. This parcel of land constitutes the last untouched forest along the Hudson River within the City of Troy and is of high historical, archeological, and cultural significance due to its sacredness to local Indigenous peoples. On July 2nd, the Clinic filed an Article 78 petition challenging two decisions by the Troy City Council relating to this potential apartment complex development. First, the decision to rezone the particular parcel of land for the purposes of allowing the apartment complex development and second, the decision by the Council to declare a Negative Declaration and concluding there are no significant environmental impacts associated with the rezoning decision. Legal intern, Logan O’Connell, prepared the papers and the case is currently pending in the NYS Rensselaer County Supreme Court.
Petition:https://law.pace.edu/sites/default/files/PELC/Art%2078%20Petition.pdf

law.pace.edu

On June 26, 2022, Pace Environmental Litigation Clinic filed an Article 78 petition on behalf of the not for profit Friends of the Shawangunks challenging the Town of Gardiner Planning Board’s approval of a special use permit construction of a home in a highly ecologically sensitive zoning district within the Shawangunk Ridge Protection Area. Due to the fragile ecosystem, Gardiner Town Code requires individuals to develop at the lowest possible elevation on their property to protect the ecosystems at higher elevations. The Clinic aims to prove that the Planning Board’s decision to approve the special use permit in violation of the unambiguous Town Code is arbitrary, capricious, and contrary to law. Intern Daniel Krupa prepared the documents, and the case is currently pending in the Ulster County Supreme Court. Petition: https://law.pace.edu/sites/default/files/PELC/Petition.pdf

law.pace.edu

Fossil fuel power plants devoted to crypto mining are one of the most wasteful and harmful activities that could be undertaken. Director of the Clinic Todd Ommen, along with alum Maya van Rossum, argue against such enterprises in today's Daily News.

Say no to New York as a crypto mining hub, gov Awaiting Gov. Hochul’s action are two crucial decisions with major implications for our state and our planet. One is a bill that would put a two-year pause on granting new and renewed permits for proof-of-work cryptomining in fossil-fuel power plants, and require a thorough environmental impact st...

Jobs alert! 3 positions available in environmental protection: https://ag.ny.gov/job-postings/attorneys

Attorney Job Postings | New York State Attorney General How to Apply: Unless otherwise indicated in the posting, all applications must be submitted online. Click on the Adobe PDF icon to open the posting details for a particular job.  Review the job description and position qualifications.  At the bottom of the posting you will find instructions outlin...

Job alert! Vermont Law School is hiring an Environmental Justice Center Director. This new administrative faculty position will direct all aspects of the new Environmental and Climate Justice Center (EJ Center) at the law and graduate school. https://recruiting.paylocity.com/recruiting/jobs/Details/1051626/Vermont-Law-School/Environmental-Justice-Center-Director

Vermont Law School - Environmental Justice Center Director Environmental Justice Center DirectorVermont Law School is committed to cultivating and preserving a culture of inclusion and connectedness. We grow and learn better together with a diverse group of faculty, staff, and students. In recruiting for faculty and staff, we seek unique backgrounds to enri...

The Clinic has put the final nail in the coffin of a Homeowners Association’s attempt to prevent access to a conservation easement created to protect and honor an historic Native American site. On behalf of the not-for-profit Friends of Wickers Creek Archeological Site (FOWCAS), the Clinic sued the HOA back in 2017. We defeated a motion to dismiss, a motion for summary judgment, and won our own motion for summary judgment. The Clinic then briefed and won in the Appellate Division when the HOA appealed. Finally, the HOA sought leave to appeal to the New York Court of Appeals, which the Clinic opposed. On March 22, 2022, the Court of Appeals agreed with us and denied the motion, finally ending the litigation in favor of FOWCAS.

Friends of Wickers Creek Archaeological Site FOWCAS is pleased to provide a  treasure trove of resource materials regarding the indigenous people  of this area.  We are grateful to Frederick Charles for sharing this.

Yesterday, the Clinic filed a Petition on behalf of the Adirondack White Lake Association and Protect the Adirondacks, challenging the Adirondack Park Agency’s 13 year-long refusal to hold any adjudicatory hearings on permit applications. The permit at issue was granted to a mining company to mine granite in a residential and recreational area next to the pristine White Lake. The permit was approved despite serious unresolved questions regarding noise impacts, legal access to the site, and other environmental impacts. The APA’s refusal to hold a hearing on these issues, despite a clear regulatory mandate, was arbitrary, capricious and contrary to law.
The Petition:https://law.pace.edu/sites/default/files/PELC/White%20Lake%20Quarry%20Article%2078%20Petition%20-%20Final%20Verified.pdf

law.pace.edu

Jobs Alert! Vermont Law School has posted two jobs for the Environmental Advocacy Clinic: (1) Professor of Law and Environmental Advocacy Clinic Director and (2) Assistant Professor and Senior Attorney, Environmental Advocacy Center. Info for the Director position:
https://recruiting.paylocity.com/recruiting/jobs/Details/955792/Vermont-Law-School/Professor-of-Law-and-Environmental-Advocacy-Clinic-Director Info for the Assistant Professor position:
https://recruiting.paylocity.com/recruiting/jobs/Details/955779/Vermont-Law-School/Assistant-Professor-and-Senior-Attorney-Environmental-Advocacy-Clinic

Job Alert!
Faculty Position – The University of California, Berkeley, School of Law is seeking applicants for an Assistant Clinical Professor of Law to serve as the Associate Director of Berkeley Law’s Environmental Law Clinic (ELC). Info: https://aprecruit.berkeley.edu/JPF03252.

Associate Director - Environmental Law Clinic - School of Law University of California, Berkeley is hiring. Apply now!

Fellowship Opportunity - Yale climate communication training! 2022 Public Voices Fellowship on the Climate Crisis is a year-long initiative to accelerate the ideas and impact of 20 new and necessary thought leaders working at the intersection of climate change, environmental communication, and social justice. Application Deadline: 2/14. For info: https://ypccc.submittable.com/submit/215157/2022-public-voices-fellowship-on-the-climate-crisis

Yale Program on Climate Change Communication - 2022 Public Voices Fellowship on the Climate Crisis Application Deadline - 5pm EST, February 14, 2022Note: You can begin, save and return to your application multiple times until you are finished.Please contact us with any questions at [email protected], subject line "Public Voices Fellowship."If you have any issues with the application itself,....

Job alert! Los Angeles Waterkeeper is searching for a Senior Attorney to lead their litigation and regulatory advocacy efforts to protect and restore inland and coastal waterways throughout Los Angeles County and promote sustainable water policies for the region. Details: https://lawaterkeeper.bamboohr.com/jobs/view.php?id=23&source=aWQ9MjM%3D

Senior Attorney Senior Attorney Los Angeles Waterkeeper (Los Angeles, CA) Los Angeles Waterkeeper (LAW) is a dynamic environmental nonprofit organization seeking a highly motivated individual to join our team as Senior Attorney. The Senior Attorney will lead our litigation and regulatory advocacy efforts to protect...