Leading the Way in Environmental Justice

Delaware Law School’s Environmental and Natural Resources Law Clinic is a model for corporate social responsibility and community engagement

BY TODD J. CLARK, ESQ.

ENVIRONMENTAL LEGAL ADVOCACY is nothing new. Whether it’s the Federal Clean Water Act, Clean Air Act, Endangered Species Act, or National Environmental Policy Act, federal, state, and local regulations continue to evolve. This evolution has led to policies reflecting new environmental concerns and reevaluating policies already in place. New policies lead to new complexities and considerations of these laws. While these policies affect communities on all levels, it is the underrepresented who are left without proper education, protection, and advocacy on environmental issues.

Under the supervision of a licensed attorney, Delaware Law School offers six student-led legal clinics, many who serve clients from underrepresented communities. When it comes to environmental rules, regulations, and laws, Delaware Law School’s Environmental and Natural Resource Clinic gives a voice to those who need it most.

Winner of the 2024 Governor’s Outstanding Volunteer Service Award, the students reveal a commitment to environmental stewardship and public service. Having served more than 250 clients through over 25,000 hours of pro-bono legal work over more than 35 years, the clinic—the fourth oldest environmental clinic to represent clients in the world—supports the public good by engaging with the intricacies of law, regulation, and jurisprudence at no cost to its clients. In turn, the clinic serves as a model for corporate social responsibility and community engagement.

In 2023, the clinic provided pro-bono legal support to environmental justice communities in New Castle County, advocated for accountability in the case of Jennings v. Monsanto, and facilitated legislation on excessive vehicle noise. Additionally, the clinic prepared a Citizen’s Guide to Environmental Advocacy, aimed at empowering residents statewide.

The clinic has also had a substantial impact on a national and global level. For example, the clinic contributed to a petition to the U.S. Government to regulate greenhouse gases in 1999, which eventually led to the case of Massachusetts v. EPA, in which the U.S. Supreme Court upheld EPA’s authority to regulate greenhouse gases. In 2021, Professors May and Daly petitioned the Inter-American Commission on Human Rights and lodged a complaint with the UN Human Rights Council to address human rights violations in Haiti, including those resulting from climate change. Both actions garnered special attention from these international and regional bodies.

The clinic’s collaborative approach to environmental advocacy exemplifies how businesses can catalyze positive change by working hand-in-hand with community stakeholders. Rather than imposing a predetermined agenda, the clinic actively engages with clients to address their specific concerns and priorities. By centering the needs and aspirations of the community, the clinic fosters a sense of ownership, empowerment, and knowledge among its clients, ensuring that legal interventions are not only effective but also sustainable in the long run.

This commitment to inclusivity and accessibility demonstrates how businesses can leverage their resources and expertise to uplift and empower those in need within their communities and, in turn, sets the stage for the students to bring their legal advocacy work to the business world after graduation.

Todd J. Clark is the Dean of Widener University Delaware Law School.