The Tulane Environmental Law Clinic (TELC) is a legal clinic that Tulane Law School has operated since 1989 to offer law students the practical experience of representing real clients in actual legal proceedings under state and federal environmental laws.
Mission TELC's mission is to 1) train effective and ethical lawyers by guiding law students through actual client representation; 2) expand access to the legal system, especially for those who could not otherwise afford competent legal help on environmental issues; and 3) bolster community members' capacity to participate effectively in environmental decisions.
TELC is part of Tulane University School of Law's environmental law program and has become one of Louisiana's premier public interest legal services organizations, known especially for its work on environmental justice issues.J. Timmons Roberts and Melissa M. Toffolon-Weiss, Chronicles of the Environmental Justice Frontline (Cambridge University Press 2001); Steve Lerner, Diamond: A Struggle for Environmental Justice in Louisiana's Chemical Corridor (MIT Press 2005), see also Adam Babich, Environmental Justice in Louisiana, 51 LA. B.J. 90 (Aug. 2003), http://www.tulane.edu/~telc/assets/articles/08-15-03%20Babich,Env%20Justice%20in%20La.pdf On behalf of their clients, TELC studentsJason T. Barbeau, Practicing Before the Bar Exam, Envtl.F., July-Aug 2001, at 5, http://www.tulane.edu/~telc/assets/articles/07-01%20Before%20The%20Bar%20Ex.pdf and supervising attorneys litigate environmental citizen suits to abate industrial pollution,Transcript, Formula for Disaster?, NOW with David Brancaccio, July 15, 2005, https://www.pbs.org/now/transcript/transcriptNOW128_full.html appeal permits for environmental pollution or destruction of wetlands,O'Reilly v. U.S. Army Corps of Engineers, 477 F.3d 225 (5th Cir. 2007) challenge agency regulations that fall short of legislative mandates,South Coast Air Quality Management District v. EPA, 472 F.3d 882 (D.C. Cir., 2006) and prod agencies to perform statutory duties.See, e.g., EPA letter demanding reform of Louisiana water quality program following TELC petition for withdrawal of program (Feb. 14, 2003), http://www.tulane.edu/~telc/assets/agency/2-14-03_epa_demand.pdf Louisiana state courts,Louisiana Supreme Court Rule XX,http://www.lasc.org/rules/supreme/RuleXX.asp and most federal courts in Louisiana,Uniform Local Rules Of The United States District Courts For The Eastern, Middle, And Western Districts Of Louisiana, LR83.2.13, have adopted "student practice" rules that allow TELC students to appear and argue in court.Elizabeth Amon, Law Clinic Battles It Out On Bayou, National Law Journal, Oct. 7, 2002, see http://www.law.com/jsp/article.jsp?id=900005532587
The American Bar Association honored TELC as co-recipient of its first "Award for Distinguished Achievement in Environmental Law and Policy" in 2000.Pamela Coyle, Tulane Law Clinic Honored For Work Communities Got Help In Environmental Cases, New Orleans Times-Picayune, July 5, 2000 In 2010, the New Orleans chapter of the Federal Bar Association honored TELC with its Camille F. Gravel Jr. Pro Bono Award In addition, TELC was a runner up for the National Law Journal's Lawyer of the Year award in 1998.(the award went to President Bill Clinton)
Cases Attorney Suzanne S. Dickey has explained that TELC student attorneys have "handled cases involving all aspects of environmental law, including air pollution, conservation of natural resources, urban land use and siting of waste facilities."Suzanne S. Dickey, The Tulane Environmental Law Clinic: A Voice for Louisiana Citizens, La. B.J., Aug./Sept. 2001, http://www.tulane.edu/~telc/assets/articles/Voice%20for%20La%20Citizens.pdf Some examples appear below.
Air pollution: TELC student-attorneys filed a Clean Air Act citizen suit in which the court ruled that a St. Bernard Parish oil refinery violated the Clean Air Act more than 2600 times.St. Bernard Citizens for Environmental Quality, Inc. v. Chalmette Refining, L.L.C., 399 F. Supp. 2d 726 (E.D. La. 2005), http://www.tulane.edu/~telc/assets/Court%20Orders/10-14-05%20St.%20Bernard%20Chalmette%202d%20SJ%20Ord.pdf A court in another TELC-handled case vacated a Louisiana Department of Environmental Quality (LDEQ) permit which purported to waive Clean Air Act requirements for prevention of deterioration of air quality.Judgment, In re: Waste Management of Louisiana, LLC, Woodside Landfill Air Permitting Decisions, 529640 (La. App. 1 Cir. 8/22/07), http://www.tulane.edu/~telc/assets/pdfs/08-22-07%20Woodside%20PSD%201st%20Cir.pdf On behalf of the Louisiana Environmental Action Network (LEAN),See http://leanweb.org TELC has prosecuted a series of cases to promote cleaner air in Baton Rouge, Louisiana.See, e.g., South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006), http://www.tulane.edu/~telc/assets/Court%20Orders/12-22-06%20South%20Coast%20-%20DC%20Cir.pdf; see also July 8, 2008 Notice of Intent of the Louisiana Environmental Action Network to file Clean Air Act Citizen Suit Against EPA and the LDEQ Secretary, http://www.tulane.edu/~telc/assets/Notice%20Letters/7-8-08%20Ozone%20FIP%20NOV.pdf As part of this effort, TELC obtained court orders that 1) vacated an EPA attempt to extend Louisiana's deadline for achieving health protection standards for ozone air pollution in the Baton Rouge Area, and 2) vacated EPA's approval of an inter-pollutant trading plan that would have allowed Louisiana to increase emissions of volatile organic compounds in return for reductions in oxides of nitrogen (NOx).Louisiana Environmental Action Network v. EPA, No. 02-60991 (5th Cir. 2004) (noting the Court's earlier remand of an EPA attempt to extend the five parish Baton Rouge nonattainment area's deadline for meeting the health protection standard for ozone air pollution, and noting the Court's earlier vacatur of an EPA attempt to approve a trade-off of increased emissions of volatile organic compounds for decreased emissions of nitrogen oxides in the same area, and vacating EPA's approval of a contingency plan for the area based on historical emission reductions from a facility located outside of the area), http://www.tulane.edu/~telc/assets/pdfs/9-08-04%20EPA_extend_5.pdf For an analysis of the EPA/Louisiana interpollutant trading scheme, see The Sting, How Louisiana's Emission Credit Trading System Dirties the Air, Second Generation Issues ABA Committee Newsletter (May, 2003), http://www.tulane.edu/~telc/assets/articles/05-03%20The%20Sting%20-%20La%20Emission%20Trading.pdf TELC and LEAN also obtained a court order that required EPA to make a determination that increased the stringency of emission controls in the Baton Rouge area,Louisiana Environmental Action Network v. Whitman, No. 00-879-A (M.D. La., Feb. 27, 2002), http://www.tulane.edu/~telc/assets/pdfs/02-27-02_SJ.pdf and obtained statements from EPA and LDEQ admitting that Louisiana was operating a "bank" for emissions trading that failed to meet minimum Clean Air Act requirements.See LDEQ acknowledgment of illegalities in emission credit reduction "bank" (Oct. 5, 2000), http://www.tulane.edu/~telc/assets/agency/10-5-00_epa_illegal_bank.pdf, EPA response to petition to object to a Borden permit (regarding emission credit trading issues) (Dec. 12, 2000), http://www.tulane.edu/~telc/assets/agency/12-22-00_borden.pdf Water pollution: TELC student attorneys engage in administrative actions to convince LDEQ to implement the Clean Water Act's anti-degradation provisions, including rules to protect streams designated as "outstanding natural resource waters."See, e.g., Comments on behalf of the GreenZone Task Force, Louisiana Environmental Action Network, and O'Neil Couvillion to the LDEQ (Feb. 15, 2007), http://www.tulane.edu/~telc/assets/Comments/2-15-07_landfill.pdf; LDEQ letter summarizing changes made to a Clean Water Act permit in response to comments (Feb. 26, 2007), http://www.tulane.edu/~telc/assets/agency/2-26-07_deq.pdf TELC settled a case on behalf of coalition of environmental organizations to require cleanup of mercury leaked from meters used to monitor gas wells near Monroe, Louisiana, where many streams are under mercury advisories.See Stipulated Judgment, Gulf Restoration Network v. EnerVest Operating, L.L.C., No. 07-817 (W.D. La. July 2, 2009), http://www.tulane.edu/~telc/assets/pdfs/7-2-09_Enervest.pdf In addition, TELC is prosecuting a case to enjoin discharges of waste that allegedly passes through and interferes with a municipal sewage treatment plant in the Town of Independence, Tangipahoa Parish, Louisiana, causing violations of Clean Water Act standards for discharges into the Tangipahoa River.Complaint, Concerned Citizens of Independence v. DoRan Seafood, LLC, No. 09-CV-2833 (E.D. La. Feb. 19, 2009), http://www.tulane.edu/~telc/assets/complaints/2-19-09%20Comp%20STMP.pdf On October 9, 2001, TELC filed a petition on behalf of a coalition of community groups that asked EPA to withdraw Louisiana's authority to administer the Clean Water Act's discharge permitting program because of inadequate enforcement and LDEQ's failure to comply with requirements for issuance of permits.Petition for Withdrawal of the National Pollutant Discharge Elimination System Program Delegation from the State Of Louisiana (filed 10/9/01, supplemented 2/22/02 & 9/17/02), http://www.tulane.edu/~telc/assets/petitions/9-17-02%20Pet%20to%20EPA%20to%20Withdraw%20NPDES%20&%20Supplements.pdf EPA responded with a February 14, 2003, letter to Louisiana Governor Mike Foster raising "serious concerns" about the state program and setting forth a list of "performance measures" and schedule for the state to restore "program integrity."EPA Letter re: Louisiana's administration of the LPDES program (Feb. 14, 2003), http://www.tulane.edu/~telc/assets/agency/2-14-03_epa_demand.pdf On May 13, 2004, EPA "notified [Louisiana] Governor Kathleen Blanco of the completion of the performance measures."70 Fed. Reg. 810, 810 (Jan. 5, 2005) Stormwater: On April 12, 2001, TELC provided notice to the owner of a local dairy of the Felicity Street Redevelopment Project, Inc.'sSee http://www.felicitystreet.org intent to take action about pollutant discharges into storm water drains.Notice of Intent of Felicity Street Redevelopment Project, Inc. to sue Suiza Foods (April 12, 2001), http://www.tulane.edu/~telc/assets/Notice%20Letters/4-12-01_Suiza_NOI.pdf The dairy owner responded by detailing steps it had taken to achieve compliance and invited TELC's client to inspect the improved facility.Suiza Foods response to notice of stormwater control violations (June 14, 2001), http://www.tulane.edu/~telc/assets/agency/6-14-01%20Suiza.pdf