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SKILL SHARPENER
Boalt Hall’s environmental law students are activists both on campus and off [by Erica Winter] Students play a key role in the environmental law program at the Boalt Hall School of Law, University of California, Berkeley—not only as participants, but also as advocates for and designers of the program’s future.
Third-year Boalt student Sky Stanfield chose
“There was a lot of student interest in that.”
field, who did some work on cases involving takings litigation and work on the California
the school expressly for the environmental law program and the certificate of special-
Dean Edley, formerly a Harvard Law profes-
ization. Boalt’s environmental program
sor who is known for his civil rights and pub-
Environmental Quality Act.
is distinguished by its location in the San
lic policy work, has pinpointed environmental
One legal issue in the Lake Tahoe region
Francisco Bay area, says Stanfield. It’s a
law as being a big issue in the future, says
illustrates the environmental law specialty
community with a high number of practicing
Thrailkill, who sees an overall commitment
well, Stanfield explains. A temporary morato-
environmental attorneys and environmental
at Boalt to strengthen the environmental
rium was put on development on Lake Tahoe
activism.
law program. The upcoming changes are
to give the Tahoe Regional Planning Agency
“exciting,” even though she too will graduate
time to decide on a land-use plan for the
before being able to take advantage of them.
area. Real estate owners sued, saying that
Boalt’s program has good classes in the field, says Stanfield, and only lacks a legal
they should be able to build or be compen-
clinic focusing on environmental law. That
Despite the lack of a clinic, Stanfield feels
sated by the government. The United States
could soon change, however, with an effort
extremely well prepared by Boalt’s program,
Supreme Court Ruled on April 23, 2002
underway to introduce a clinic to an already-
with a good foundation to go out and practice
strong environmental law program. Getting
environmental law. In addition to following
a clinic going is “one of the primary goals of
the specific certificate curriculum, Stanfield
the program,” says Stanfield.
is an articles editor at Boalt’s Ecology Law
(Tahoe-Sierra Preservation Council, Inc., et al. v. Tahoe Regional Planning Agency et al), that no compensation was necessary. Because the moratorium was temporary, it was not “takings of property” under the Takings Clause. Americans have “a rich sense of their property rights,” notes Stanfield.
Quarterly, a highly regarded publication. Students are contributing to the clinic’s de-
Also, the school helped her to connect with
velopment by researching other law schools’
summer jobs, giving her a wide range of ex-
public interest clinics and comparing various
perience in the environmental law specialty. After graduation, Stanfield hopes to work
models against Boalt’s needs. Meanwhile, faculty members are handling the funding
For the summer after her first year, Stanfield
with an environmental nonprofit or a law
and logistics side of the planning. Current
went to Thailand, working for EarthRights
firm that works with them. With a particular
first-year law students may be able to take
International and doing research on the
interest in air pollution and climate change
advantage of an environmental law clinic,
environmental legal aspects of the Alien Tort
issues, Stanfield hopes to one day do inter-
says Stanfield.
Claims Act. The organization has a project in
national law. It will be “good to build up some
nearby Burma (Myanmar) focusing on factory
expertise,” she says, before setting out for
pollution and its effects on local people.
other shores.
There is a new Dean at Boalt—Christopher Edley, Jr.—and a very active student body, says second-year law student Melissa
Last summer, Stanfield worked at the law
Thrailkill. In addition to advocating for the
firm Shute, Mihaly & Weinberger, San
development of the law clinic, members of
Francisco. The firm represents nonprofit
the Environmental Law Society urged the
environmental organizations, such as the
school to bring in a lecturer on agricul-
Sierra Club, as well as public agencies, such
ture and environmental law. This past fall,
as the Tahoe Regional Planning Agency. The
Barclay Rogers, with the Sierra Club, San
firm has its summer clerks work for a short
Francisco, offered the course, said Thrailkill.
time in several areas of the firm, says Stan-
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