The New Leaf: Autumn 2020

Page 7

Clinic Co-Pilots Legislation to

PROTECT VERMONT’S SURFACE WATERS

For evidence of Vermont’s unusually dry summer season, look no further than Vermont Law School’s backyard. This past summer the White River—a mecca for swimmers, tubers, fishers and kayakers that flows past campus—dropped to its lowest level in years. “Water levels in Vermont and across much of New England are scary right now. Fish are stressed and schooled up next to cool-water springs and the mouths of tributaries”, said Mason Overstreet MELP’13/JD’16/LLM’19, who is an avid fly fisherman, whitewater paddler, and an Environmental Advocacy Clinic (EAC) Staff Attorney. “The drought is a wake-up call that Vermont is not immune to the effects of climate change.” At the same time, demands for surface water from Vermont’s industrial, agricultural, and municipal users are growing, further stressing surface water levels strained from erratic weather patterns. That risk is magnified by a lack of clear policy. In particular, there is no permit system in place for most surface water diversions (the act of withdrawing water for a specific use, such as crop irrigation). That means diversions can occur essentially unnoticed and without regulation. That’s why Overstreet, along with a group of student clinicians in the EAC, has been working tirelessly to pass legislation aimed at protecting Vermont’s surface waters. Most recently, the EAC represented a coalition of environmental organizations—including National Wildlife Federation and the Vermont Natural Resources Council—to introduce and advocate for a new bill to protect water resources: Act H.833. Act H.833 would establish a Surface Water Diversion and Transfer Working Group to investigate the environmental, economic, and

recreational impacts of surface water diversions. The group would research current surface water diversions in the state, evaluate the need for quantifying and regulating surface water diversion, and, if appropriate, propose legislative changes to protect the state’s watersheds. “The group is tasked with giving the aquatic environment a voice at the negotiating table when multiple cumulative uses of the same surface water are under discussion,” said Grey Hagwood of Trout Unlimited State Council, one of the coalition members. “We might actually know for the first time how much of our surface waters are diverted from our rivers, streams, lakes, and ponds.” This summer, H.833 passed the Vermont House of Representatives, followed by the Vermont Senate. In October it offically became law, and that is a major step in the right direction, says Overstreet. “On first glance, it looks like a small piece of legislation,” Overstreet said. “But it’s a huge step forward toward Vermont proactively protecting its precious surface waters in an era of climate change and competing uses.”

The Environmental Advocacy Clinic (EAC) is a public interest law firm housed within VLS, focused on safeguarding climate, protecting waters, championing wildlife and habitats, and fighting for healthy communities. EAC students learn how to be lawyers by tackling real-world environmental cases. They represent clients ranging from major conservation organizations like National Wildlife Federation to marginalized communities struggling to access justice.

Shutting Down DAPL Aided by a brief filed by the Environmental Advocacy Clinic, a federal judge ordered the shutdown of the Hillary Hoffmann Dakota Access Pipeline in July. Vermont Law School Professors Hillary Hoffmann and Ken Rumelt LLM’12, along with Environmental Advocacy Clinic Director Jim Murphy LLM’06, contributed to the historic July ruling. They filed a “friend of the court” amicus brief in the case earlier this summer on behalf of 37 members of Congress, including Senators Kamala Harris, Cory Booker, Elizabeth Warren, and Representatives Raul Grijalva, Alexandria Ocasio-Cortez, Debra Haaland (Pueblo of Laguna), and other champions of indigenous rights. “This is a victory for good government and protection of our waters and other resources,” said Hoffmann. “And above all, it gives a voice to the marginalized communities who are most directly affected by major federal actions like the approval of potentially dangerous pipelines.” Hoffman, an expert on federal Indian law, natural resources law, and public lands law, also released a new book this summer detailing the history, context, and future of the ongoing legal fight to protect indigenous cultures. Titled A Third Way: Decolonizing the Laws of Indigenous Cultural Protection, the book discusses how tribes are reshaping various laws in a way that protects and invigorates their own cultural values.

“ This is a victory for good government and protection of our waters and other resources. And above all, it gives a voice to the marginalized communities who are most directly affected by major federal actions like the approval of potentially dangerous pipelines.” The banks of the White River in Vermont Law School’s backyard T H E

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— P ROFESSOR HILLARY HOFFMANN

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