Protecting Public Participation
Environmental Forum, May/June, 2011
8 Pages Posted: 8 Mar 2011 Last revised: 10 May 2011
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: Suggested Citation