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  • Case Docket | Pace Law School
    on Hudson ARCO Site The old has become new again In 2003 Riverkeeper entered into a consent decree with ARCO concerning the investigation and remediation of this site which sits on the Hudson River and is heavily contaminated with PCBs After years of cleanup delays resulting primarily from technical disagreements between ARCO and the DEC we have recently begun considering taking action to enforce the consent decree or to otherwise pressure the parties into moving forward with making remedial decisions and moving forward with the cleanup In connection with these efforts we have been meeting over the past two years with representatives of the DEC the village and ARCO and we anticipate continuing to stay involved to ensure that this site will finally get the remediation equivalent to that which we bargained for in the 2003 consent decree Last winter 2012 we submitted comments on a Proposed Remedial Action Plan issued by NYSDEC for the site and the Record on Decision was issued last Spring 2012 The next step will be negotiations with BP ARCO and the Village concerning modifications to the old federal consent decree top of page Kentucky Mountaintop Removal Mines In October 2010 the Clinic issued notices of intent to sue three companies two ICG subsidiaries and one Trinity Coal subsidiary operating in eastern Kentucky for fraudulent DMR reporting and other permit violations The notices were served on behalf of Waterkeeper Alliance Kentucky Riverkeeper Appalachian Voices and Kentuckians for the Commonwealth Last week two days before the notice period elapsed the State announced that it had filed enforcement proceedings against all three companies and simultaneously submitted consent judgments for the court s approval The Clinic submitted intervention papers and a hearing was conducted before a Kentucky state court judge on December 14 2010 Clinic intern Peter Harrison participated in the argument at the hearing The state court ultimately granted our motion to intervene and then engaged in a contentious and difficult discovery period An evidentiary hearing was conducted in August 2011 for the purpose of testing whether the proposed consent judgments are fair reasonable and in the public interest and the Court has reserved decision on that issue Following the hearing the Court issued a mediation order requiring all parties to spend a day with a mediator in an effort to resolve the disputes The mediation was conducted in January 2012 and led to extensive settlement negotiations with the coal companies and the Cabinet The Clinic has been working with its clients and local counsel to support their settlement efforts We received excellent news last Spring 2012 that buttressed our negotiating leverage The Kentucky Supreme Court issued an opinion in which it rejected applications by the coal companies and the Cabinet for extraordinary relief in the form of a writ of prohibition The coal companies sought a ruling that Judge Shepherd was acting outside of his jurisdiction when he allowed our limited intervention but the Kentucky Supreme Court roundly rejected all of their arguments See Comm r of the Energy Environmental Cabinet v Shepherd 2012 WL 1454163 April 26 2012 Ky This Fall 2012 we reached agreement with ICG that resulted in a court approved settlement of that case The settlement requires inter alia that ICG 1 pay approximately double the amount it had originally agreed to pay in its proposed consent judgment with the Cabinet 2 pay for plaintiffs to independently monitor effluent parameters through a split sampling regime 3 pay for an independent consultant to regularly audit ICG s DMRs and 4 pay plaintiffs legal fees Our litigation in Kentucky against Frasure Creek Mining continues top of page Poughkeepsie public trust issues Licensing of Waryas Park public dock to Empire Cruise Lines The Clinic sued the City of Poughkeepsie and Seaway Navigation Ltd a for profit tour boat company this last summer on behalf of Riverkeeper and local citizens to challenge determinations made by the City to license the only public dock in the City to Seaway The City determined without explanation that the license is a SEQRA type II action and ignored Riverkeeper s letter insisting that it cease and desist from violating SEQRA and the public trust doctrine The City also ignored its obligations under its own local waterfront management plan and completely circumvented its Waterfront Advisory Committee in its review of the project The Waryas Park public dock has been heavily used for decades by the public for boating fishing and sightseeing and the license agreement with Empire Cruise lines has virtually eliminated the public s ability to use its dock This past winter we were approached by the respondents about trying to resolve the matter We then engaged in trilateral discussions with the City and Seaway over a period of several months that culminated in a court approved settlement whereby the City has agreed to expand the public dock to make up virtually all of the dock space lost to the public as a result of the license agreement The City is required to have the dock with 60 feet of new dock extensions installed no later than May 15 2013 and we will be monitoring the installation with the assistance of Riverkeeper s boat captain to be sure that this obligation is met top of page Riverkeeper v Entergy Indian Point Spent Fuel Pools and NRC Relicensing In September 2005 Entergy and the Nuclear Regulatory Commission announced that the underground pools containing spent nuclear fuel at the Indian Point Nuclear Power Plant were leaking contaminated water This water is contaminated with radioactive tritium strontium 90 and cesium These radioactive elements are reaching the Hudson River Although Indian Point is regulated by the Nuclear Regulatory Commission certain aspects of hazardous nuclear waste including underground storage tanks are regulated by EPA Pursuant to Resource Conservation and Recovery Act regulations Entergy was required to notify EPA promptly upon its discovery that its underground waste storage tanks were leaking This notice would invoke a public EPA remedial process pursuant to 40 C F R

    Original URL path: http://law.pace.edu/case-docket (2016-02-12)
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  • Affiliates | Pace Law School
    Robert F Kennedy Jr joined Riverkeeper Kennedy is Riverkeeper s chief prosecuting attorney and along with Karl Coplan he co directs the Pace Environmental Litigation Clinic where ten students and two professors do nothing but prosecute Hudson River polluters To date Riverkeeper and its network of citizens have prosecuted over 100 environmental lawbreakers The Waterkeeper Alliance is the umbrella organization for the more than 80 Waterkeeper programs located throughout North

    Original URL path: http://law.pace.edu/affiliates (2016-02-12)
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  • Environmental Citizen Suit Brief Bank | Pace Law School
    of Law in Support of its Motion for an Order pursuant to Rule 65 a of the Federal Rules of Civil Procedure enjoining the Yorktown Heights Sewer District Town of Yorktown Aaron Bock Town Supervisor Allen Chadwick Assistant Town Supervisor and Daniel Ciarcia Town Engineer Defendants from allowing any new sewer connections to the Yorktown Heights Wastewater Treatment Plant Sewage Plant until the Sewage Plant complies with its permit As described in the accompanying affidavits the Defendants illegal discharges of improperly treated sewage cause Plaintiff irreparable harm Plaintiffs Memorandum in Support of Motion for Preliminary Injunction Summary Plaintiff an environmental organization whose members recreate and fish in and drink from the waters into which Defendants sewage treatment plant discharges brought this citizen suit under 505 of the Clean Water Act CWA 33 U S C 1365 Defendants admit thousands of violations of the effluent parameters in their State Pollutant Discharge Elimination System SPDES permit In a desperate attempt to avoid liability for violations they concede Defendants now contend Plaintiff lacks standing and have moved for summary judgment dismissing the Complaint Plaintiffs Memorandum in Opposition to Motion for Summary Judgment Long Island Soundkeeper Fund v NYC DEP Nitrogen Case Summary In this citizen suit under the Clean Water Act CWA 505 33 U S C 1365 1997 Plaintiffs seek to enforce State Pollutant Discharge Elimination System SPDES permit provisions requiring Defendants to lower their discharge of pollutants particularly nitrogen into the East River and Jamaica Bay from eight of their water pollution control plants WPCPs Plaintiffs Memorandum in Opposition to Motion to Dismiss San Francisco Baykeeper et al v Carol Browner Summary Defendant EPA s motion for judgment on the pleadings regarding Plaintiffs Third Claim for Relief should be denied for the reasons set forth in this brief Defendant EPA s motion for judgment on the pleadings regarding Plaintiffs Fourth Claim for Relief should be moot by the hearing on this motion because Plaintiffs concurrent with the filing of this opposition brief have filed a motion to amend their First Amended Complaint to dismiss without prejudice their Fourth Claim for Relief EPA s motion does not challenge Plaintiffs first two claims for relief Conversely Plaintiffs have concurrently filed their motion for summary judgment on their First Second Third and proposed Fifth claims for relief Plaintiff s Opposition to Defendants Motion for Judgment on the Pleadings on Claim s 3 and 4 Summary In this action plaintiffs San Francisco Baykeeper et al collectively Baykeeper seek an order from the Court compelling defendants Carol Browner et al collectively EPA to establish total maximum daily loads TMDLs for over 400 waterbodies in the State of California Baykeeper bases its claim on the contention that California has constructively submitted to EPA a determination that the state will submit no TMDLs for its waters This contention is contrary to the facts and relevant case law California has submitted over 20 TMDLs to EPA is currently in the process of developing another 200 TMDLs and has scheduled

    Original URL path: http://law.pace.edu/environmental-citizen-suit-brief-bank (2016-02-12)
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  • About the Clinic | Pace Law School
    Litigation Clinic LAW 767A and 767B 6 credits 4 clinical 2 academic Professors Robert F Kennedy Jr and Karl S Coplan Co Directors The Environmental Litigation Clinic represents public interest environmental groups bringing citizen enforcement actions in state and federal courts on a variety of environmental and land use issues The major client of the Clinic is the Riverkeeper Inc Amicus curiae briefs in significant national environmental litigation are also

    Original URL path: http://law.pace.edu/about-clinic (2016-02-12)
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  • Staff | Pace Law School
    Pace University Search form Search Pace Environmental Litigation Clinic You are here Home About the Clinic Staff Professor Robert F Kennedy Jr Co Director Phone 914 422 4343 Fax 914 422 4437 Professor Karl Coplan Co Director Phone 914 422 4343 Fax 914 422 4437 Adjunct Professor Daniel E Estrin Supervising Attorney Phone 914 422 4343 Fax 914 422 4437 Jennifer Ruhle Clinic Administrator Phone 914 422 4343 Fax 914

    Original URL path: http://law.pace.edu/staff-2 (2016-02-12)
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  • Contact Us | Pace Law School
    Quick Links A Z Index Apply Now Academic Calendar Academic Calendar January Admits Registrar Bursar Shuttle Bus Schedule Campus Map Departmental Directory Give to Pace Law School Web Mail Pace University Search form Search You are here Home About the Clinic Contact Us Pace Environmental Litigation Clinic Pace University School of Law 78 North Broadway White Plains NY 10603 Tel 914 422 4343 Fax 914 422 4437 Apply to Pace

    Original URL path: http://law.pace.edu/contact-us-7 (2016-02-12)
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  • BAILE Programs | Pace Law School
    and students with the Brazilian Environmental Agency IBAMA Professors Jeffrey Miller far left and David Cassuto far right with the Attorney General for the City of Rio de Janeiro Julio Horta and Pace Law LL M graduate Arlindo Daibert Pace Law School students attending class in Brazil Professors and students at a conference hosted by the Attorney General s Office in Rio de Janeiro Brazil Comparative Environmental Law Course Pace s Comparative Environmental Law course gives students hands on experience comparing the environmental regimes of the United States and Brazil This two credit Spring Semester course taught by Professor David N Cassuto offers a unique combination of classroom and field training The class studies the respective environmental regimes of the United States and Brazil and aims to build students capacity to assess environmental laws and national policies concerning environmental quality Following classroom instruction at Pace students travel to travel to Brazil over Spring Break to meet prominent Brazilian scholars and attorneys in Rio de Janiero and to visit the fragile yet crucial ecosystems of Brazil Faculty Scholarship in Brazil Pace Law School s faculty has a significant history of work in Brazil and is committed to Brazil s future Faculty

    Original URL path: http://law.pace.edu/baile-programs (2016-02-12)
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  • Publications, Events & Research | Pace Law School
    of 1946 Distinguished Visiting Professor of Environmental Law at Williams College 2011 present David Cassuto was a Fulbright Scholar and Visiting Professor at FGV Direito Rio 2010 Romulo Sampio named Visiting Professor at Georgia State University College of Law in Atlanta Georgia U S A Romulo Sampio has also been appointed as a Member of the Mata Atlântica Biosphere Reserve Committee of the State of Rio de Janeiro as a Member of the Specialist Group on Energy and Climate Change of the Commission on Environmental Law of the International Union for the Conservation of Nature and Natural Resources IUCN and as the Director of International Relations of the Brazilian Institute for the Management of the Judiciary System Instituto Brasileiro de Administração do Sistema Judiciário IBRAJUS Recent Events Participated in by BAILE Staff David Cassuto Juggling Water Transboundary Issues Facing the Guarani Aquifer UNESCO Conference on Tranboundary Aquifers Challenges New Directions Paris France December 2010 Animal Law in Brazil China Address to Animal Grantmakers Conference Baton Rouge LA November 2010 Water Law in the United States Brazil Two Approaches to Emerging Water Poverty in an Age of Climate Change Address to University of Illinois Center for Latin American Studies Urbana IL October 2010 The Impacts of Industrial Agriculture on Climate Change Keynote Speech IESB University Brasilia Brazil September 2010 Keynote Speech Institute for Applied Economic Research IPEA federal public foundation linked to the Strategic Affairs Secretariat of the Presidency of Brazil Brasilia Brazil September 2010 Keynote Speech Federal University of Parana Curitiba Brazil August 2010 Keynote Speech Federal University of Rio Grande do Sul UFRGS Law School Porto Alegre Brazil August 2010 NEPA after Winters A Look at the Landscape Federal University of Bahia Salvador Brazil June 2010 Standing and the Civil Action Federal University of Bahia Salvador Brazil June 2010

    Original URL path: http://law.pace.edu/publications-events-research (2016-02-12)
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