Download opportunities for law student interns with the environmental

STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL
ERIC T. SCHNEIDERMAN
DIVISION OF SOCIAL JUSTICE
ATTORNEY GENERAL
ENVIRONMENTAL PROTECTION BUREAU
OPPORTUNITIES FOR LAW STUDENT INTERNS WITH THE
ENVIRONMENTAL PROTECTION BUREAU
OF THE OFFICE OF THE ATTORNEY GENERAL
I.
OVERVIEW
Law students interning with the Environmental Protection Bureau (“EPB”) play an
important role in the work of the Bureau. Interns are assigned to work with individual EPB
attorneys on both long and short term matters, primarily traditional research and memo writing,
as well as more involved participation. Because our opponents are often major law firms whose
resources exceed ours, we rely on students to assist staff attorneys in conducting legal research,
which is the heart of solid legal work. They are also involved in preparing documents such as
pleadings, motions, briefs, and assisting in the development of case strategies. Students are
exposed to the negotiating process in resolving cases and to meetings with clients (the agencies).
Students are considered part of the office, and historically have served the Attorney General’s
office well, producing timely, quality work. The benefit has been mutual - students have
consistently found their experience in the EPB to have been very positive in terms of educational
value and development of professional contacts. Former interns have found positions with the
Department of Environmental Conservation, the U.S. Environmental Protection Agency, U.S.
Nuclear Regulatory Commission, environmental organizations, and private law firms handling
environmental cases, as well as the EPB itself.
II.
SUMMARY OF ENVIRONMENTAL PROTECTION BUREAU ACTIVITIES
In general, students assist lawyers and scientists in litigation, legislative and policy
development issues in the environmental arena. The EPB’s primary client is the Department of
Environmental Conservation (“DEC”), however, the Bureau also represents other agencies
addressing environmental issues, e.g., the Adirondack Park Agency (“APA”), the Department of
Health, the Department of Transportation, and the Office of Parks, Recreation and Historic
Preservation.
A.
Article 78 Proceedings.
When the State (generally DEC or the APA) is sued over an administrative decision
related to an environmental matter pursuant to Article 78 of the CPLR, law students assist EPB
attorneys in amassing the administrative record, preparing the answer (which generally includes
THE CAPITOL, ALBANY, N.Y. 12224-0341 ● PHONE (518) 473-3105 ● FAX (518) 473- 2534 ● WWW.AG.NY.GOV
legal and/or technical affidavits), and researching and writing the accompanying memorandum
of law. These special proceedings are generally handled expeditiously by the courts, thus often
allowing law students to see the end product of their efforts within the period of their placement
in the EPB. Since Article 78 rulings are often appealed, students may have the opportunity to
assist in the preparation of appellate briefs and in “moot courting” oral arguments.
B.
Air Pollution Litigation.
New York has led a number of Northeastern states in litigation against large coal-burning
power plants in Midwestern states, seeking the installation of state-of-the-art pollution control
equipment under the Clean Air Act’s “New Source Review” program. Air pollution from such
plants falls as acid rain over New York, devastating lakes and forests in the Adirondacks,
Catskills and Hudson Highlands and damaging water quality in Long Island Sound. The office
has successfully led multistate coalitions in challenging national particulate matter and ozone air
quality standards. New York has also been at the forefront of efforts to require the
Environmental Protection Agency to issue regulations limiting greenhouse gas emissions from
the largest sources of emissions. The office has also done cutting edge work in requiring electric
utilities to disclose in their securities filings the risks associated with climate change. These
lawsuits and investigations provide research assignments related to federal practice, common
law, administrative law and the interpretation of a complex, highly technical federal statute.
C.
Indian Point & Nuclear Regulatory Commission Litigation.
The office is currently involved in various judicial and administrative proceedings
concerning the Indian Point nuclear power plants and the National Environmental Policy Act
(NEPA), the Atomic Energy Act (AEA), and the Administrative Procedure Act (APA). The
State of New York opposes re-licensing of the plants because of various safety and
environmental concerns. The State has presented detailed and cutting edge challenges to the
proposed relicensing, which have been accepted by three-judge administrative law panel of the
Nuclear Regulatory Commission known as the Atomic Safety and Licensing Board (ASLB).
The State is awaiting decision on various contentions in the case and continues to address
regulations concerning the storage of nuclear waste at reactor sites around the country. The
office also participates in cases and proceedings concerning evolving regulatory issues such as
decommissioning, security, corporate re-structuring, and the Clean Water Act’s (CWA)
requirement that facilities that divert cooling water employ the best technology available to
minimize environmental impacts. These initiatives provide many opportunities for research
assignments related to the NEPA, AEA, APA, CWA, Federal Rules of Evidence, and NRC and
CEQ regulations.
D.
Toxic Waste Litigation.
Relying on the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA, or federal Superfund law) and New York’s common law of public nuisance, the
State sues site owners, transporters and/or generators of hazardous substances to obtain cleanup
of inactive hazardous waste sites and/or recovery of funds spent by DEC. CERCLA litigation
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often involves numerous defendants and complex third party practice, providing opportunities
for law students to assist attorneys in conducting discovery and in researching a variety of
procedural and substantive issues, many of which are not strictly environmental, but relate to
such diverse areas as corporate law, bankruptcy, insurance law, and real estate law.
E.
New York City Watershed
The New York City Watershed provides high quality drinking water to over half the
State’s population. Most of that water is unfiltered and protected by a variety of pollution
prevention programs financed and implemented by the City. The position of Watershed Inspector
General (WIG) within EPB was created by Executive Orders issued by four successive
governors. WIG engages in litigation and makes policy recommendations to protect water
quality in the New York City Watershed.
F.
Criminal Prosecutions.
In addition to civil enforcement, the Bureau works with another arm of the AG’s office
when violations under the Environmental Conservation Law, such as illegal disposal of
hazardous wastes and water pollution violations, rise to the criminal level.
G.
Miscellaneous Issues.
At any given time, the Bureau is in court attempting to shut down mines, auto junk yards,
tire dumps and/or landfills operating without a permit or otherwise violating the law. The
Bureau defends agencies on a wide variety of environmental issues, including determinations
involving wetlands, state forest preserve lands and the State Environmental Quality Review Act
(“SEQRA”). The Bureau recently successfully litigated the right of the public to paddle
Adirondack waterways that flow through private property. These and other Bureau cases present
learning opportunities for law interns on a wide range of legal issues.
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