Protecting Public Participation

Environmental Forum, May/June, 2011

8 Pages Posted: 8 Mar 2011 Last revised: 10 May 2011

See all articles by Adam Babich

Adam Babich

Tulane University Law School

Brandon Sousa

affiliation not provided to SSRN

Date Written: March 4, 2011

Abstract

This essay takes major themes from two forthcoming articles about retaliation against environmental law clinics and boils them down to about 3000 words. The focus is on a 2010 attempt by the Louisiana Chemical Association and Louisiana Senator Robert Adley to strip legal representation from clients of the Tulane Environmental Law Clinic. The essay shows that such attempts to "de-lawyer" opponents are out of step with our nation’s values. Further, the essay argues that mandates for public participation found in federal environmental statutes would preempt state-law attempts to strip legal representation from environmental law clinics' clients.

Keywords: Preemption, Access to Justice, Clinic

JEL Classification: K32, K42

Suggested Citation

Babich, Adam and Sousa, Brandon, Protecting Public Participation (March 4, 2011). Environmental Forum, May/June, 2011, Available at SSRN: https://ssrn.com/abstract=1777346 or http://dx.doi.org/10.2139/ssrn.1777346

Adam Babich (Contact Author)

Tulane University Law School ( email )

6329 Freret Street
New Orleans, LA 70118
United States

Brandon Sousa

affiliation not provided to SSRN ( email )

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