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SKILL SHARPENER
Boalt Hall offers specialization certificate in environmental law—and other paths as well [by Erica Winter] In a region known for its environmental activism, the Boalt Hall School of Law, University of California, Berkeley, is an epicenter of environmental legal education, with an environmental law program that includes a certificate of specialization, a top scholarly quarterly, and a highly active and involved student body.
Having a certificate in a legal specialty is
broader civil rights law, found the certificate
law there are several detailed statutes
more than just proof of completion, says
curriculum too limited because she had not
addressing specific problems, such as clean
Professor Daniel Farber, Director of Boalt’s
yet decided exactly what path she wanted her
air, clean water, and disposal of hazard-
environmental law program for the past
legal career to take.
three years. A certificate program moves the
ous waste. The problem is that there is no link between these laws. There is no unified
student away from “the cafeteria approach
Despite not pursuing the certificate, Thrailkill
environmental statute, says Farber, such as
of law school education,” says Farber. Of
is deeply involved in Boalt’s environmental
the Unified Commercial Code.
course, should they choose to do so, law stu-
law community. She is active in the Environ-
dents can go through the cafeteria line and,
mental Law Society and an Executive Editor
Numerous snags result from the gaps
so to speak, “load up on desserts and skip
with the Ecology Law Journal. Last summer,
between environmental laws, says Farber.
the salad,” says Farber; but if the student
Thrailkill worked with The Center for Law
Businesses have disparate and sometimes
knows ahead of time that she wants to be an
and the Public Interest, Santa Monica, which,
conflicting regulations to learn and follow.
environmental lawyer, then she can “get a
among other projects, seeks to expand the
For example, a program to prevent air pollu-
menu to show how to do it right.”
green space available to people in low-in-
tion may result in the production of hazard-
come Los Angeles communities. She hopes
ous solid residue, which is not addressed in
Boalt’s environmental law certificate pro-
to do public interest law after receiving her
air pollution laws. This waste might qualify
gram is one of the first in the nation, says
J.D.
for incineration under hazardous waste disposal rules, yet that same incineration might
Farber, and is one of the most prominent. Students do indeed come to Boalt specifically
Thrailkill’s pursuit of public interest law and
to study environmental law, although not
environmental law is just one example of en-
violate air quality laws.
necessarily for the certificate. Boalt’s envi-
vironmental law’s compatibility with several
And no law “trumps” another, so there is
ronmental law certificate demonstrates the
other fields.
no way to determine which one would take precedence if two laws clash-or if they inter-
school’s commitment to the field, however, even for students who decide to take a more
In addition to public interest concerns, real
sect. For example, says Farber, some water
a la carte approach.
estate and development have major environ-
pollution is air pollution, such as when mer-
mental components, says Farber, in envi-
cury form the air gets in to the water. Even
While there are usually 12 law students
ronmental impact and waste cleanup issues.
when lawyers need to talk about both at the
pursuing the environmental law certificate
Constitutional law and environmental law
same time, the laws themselves do not. The
each year, Farber estimates there are many
are linked through questions on federalism,
Environmental Protection Agency does try to
more who are involved in Boalt’s prestigious
property rights, and limits on interstate com-
splice all the different legal ends together,
Ecology Law Journal and in the Environmen-
merce. Also, environmental law is becoming
says Farber, but it’s a hard job, because the
tal Law Society.
more connected with international law and
laws were all designed separately.
trade law, as the North American Free Trade Melissa Thrailkill came to Boalt Hall wanting
Agreement (NAFTA) opens roads to trucks
All of this makes the environmental specialty
to study environmental law and work on envi-
from Mexico with different emissions stan-
“fascinating,” says Farber, and strangely
ronmental justice issues, but she decided not
dards, for example.
similar to being a tax lawyer, requiring a large time investment to master complex
to pursue the certificate. To receive the specialization certificate in environmental law,
Despite all these external connections, envi-
a student’s choices are assigned after the
ronmental law remains internally fragment-
first year. Thrailkill, who also has interests in
ed, notes Farber. Currently, in environmental
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regulations and rules.