Under the leadership of new Environmental law Professor Michael Chappell, University Legal Assistance has opened the Gonzaga Environmental Law Clinic.
"This area is something students were clamoring for. It fills a hole in the curriculum," Chappell said. "The great thing for us is we're going to be protecting the river, a great resource for Spokane." University Legal Assistance features clinics for other areas of law, such as tax or insurance, but the environmental clinic is new this fall. The clinic is run essentially like a law firm, Chappell said.
Second and third-year law students work under a supervising attorney, take a class on the subject and spend 12 hours a week working on real cases as if they were in a law firm. They meet with clients, perform research and assist in bringing suits. Chappell began working with his students this summer on a case involving the Spokane River. He has a background with the Clean Water Act, which is a citizen suit provision that allows anyone to sue companies, industries or individuals for polluting water sources.
"Storm water urban runoff is the highest source of pollution in the country," Chappell said.
Human waste, for example, is sent through treatment before it is discharged into the river, but storm water that runs across asphalt, picking up chemicals, paint chips, metals, etc., is not filtered before flowing into the river. Chappell and his students are bringing suit on behalf of the Spokane Riverkeeper against the Federal Highway Administration. The Spokane Riverkeeper is designated by the Waterkeeper Alliance, a national organization that appoints individuals to patrol treatment of local waters and lead citizens in the community to preserve the resource, according to cforjustice.org. The Spokane Riverkeeper is Rick Eichstaedt, who is the Center for Justice's water lawyer. The Center for Justice is a Spokane nonprofit law firm.
The Waterkeeper Alliance has 191 waterkeepers across six continents, according to Chappell. Before coming to Gonzaga, Chappell worked with an organization called "Lawyers for Clean Water" for eight years, representing 12 keepers.
This past summer the students worked to bring suit against the Federal Highway Administration (FHA) on behalf of the Kootenai Environmental Alliance and Idaho Conservation League. The FHA is working on a road-widening project, and although they have been trying to prevent sediment from running down into Fernan Lake, a site visit has revealed the correct safeguards are not being enforced to protect the water. When sediment drains into the water, it disturbs fish habitat, including their food sources and spawning grounds, Chappell said.
Chappell and his students have filed a 60-day notice on behalf of the KEA and the ICL. When facts are brought in a suit, a mediation of both parties' experts occurs, and if a solution is not reached a court order by a judge will be delivered. When picking students to work for the clinic, Chappell looked for students with experience in either an undergraduate degree or volunteer work with some type of environmental organization.
"This is a commitment by students who want to work in the environmental field in some capacity," Chappell said.
Second-year law student Sean Hackett has been working with Chappell since the end of August. He has become oriented with the Clean Water Act, worked on the letter of intent for the KEA and ICL and filed FOIA requests.
"I have a long-standing commitment to conservation and the environment," Hackett said. "I plan on dedicating my career to environmental law."
The clinic provides a tremendous advantage for students. In a law firm, students would have been doing more officework, but in the clinic they are able to do what they would if they were practicing law, and with attorney supervision, Hackett said.
Hackett reiterated how the Environmental Law Clinic is necessary for Gonzaga Law. "The field of environmental law is one of the fastest growing," he said. "The University would be foolish not to have it." n
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