John Suttles, Southern environmental lawyer, answers questions 0

John Suttles.

What work do you do?

I'm a senior attorney with the Southern Environmental Law Center in Chapel Hill, N.C.

How does it relate to the environment?

For the past 20 years, the Southern Environmental Law Center -- the biggest environmental organization headquartered in the Southeast -- has used the full power of the law to conserve clean water, healthy air, wild lands, and livable communities throughout our region. In addition to working to improve and strengthen environmental laws and policies, SELC uses targeted legal action to stop or prevent environmental abuses and ensure that existing laws and policies are enforced. By choosing our cases carefully, we are able to set far-reaching precedents.

What are you working on at the moment? Any major projects?

Clean air and clean water. For the better part of the past year, I've focused on mercury pollution from coal-fired power plants. At the federal level, I'm the lead SELC attorney representing four prominent national health-care groups suing EPA to overturn its unlawful and ironically named "Clean Air Mercury Rule," which actually exempts the biggest source of mercury air pollution from the hazardous air-pollution standards of the Clean Air Act. I'm also working with other SELC attorneys in a coordinated effort to implement stronger state-level mercury rules in the Southeast region.

How do you get to work?

I walk when I can. But far too often, out-of-office commitments prompt me to drive.

What long and winding road led you to your current position?

I entered law school hoping to practice public-interest environmental law. I left law school with the same hope. Unfortunately, I also left with crushing debt. So I entered private practice with a New Orleans law firm, where I focused on toxic tort defense work for 12 years. The work was challenging and exciting, and we did very well. My watershed moment came at a celebratory weekend sponsored by our client in New York. During the banquet, one of the New York attorneys gave a toast acknowledging the first successful asbestos-injury lawsuit and all the profitable work that case subsequently generated for us defense lawyers. The plaintiff in that case died of an asbestos-related disease. I decided at that moment I could not continue that work and enrolled in a part-time master of laws (LL.M.) program at Tulane. After obtaining my LL.M., I accepted a position as the deputy director of the Tulane Environmental Law Clinic. When a position opened at SELC two and a half years later, I took the opportunity to get back into active practice with a great organization as a public-interest environmental lawyer -- finally fulfilling my earlier dream.

Where were you born? Where do you live now?

I was born in the mountains of Virginia and reared on its beaches. After 20 years in New Orleans, however, I consider that my home. I currently live in Chapel Hill, N.C.

What has been the worst moment in your professional life to date?

There's the worst and then there's the most embarrassing. As a litigator, every case that I lost when I thought I should have won (which is every case) seemed like the worst moment at the time. But I have one most embarrassing moment: As a second-year lawyer sitting second chair in a federal RICO (Racketeer Influenced and Corrupt Organizations Act) trial, my lead attorney nudged me and told me to object to opposing counsel's line of questioning. I jumped up and forcefully stated, "Objection, your Honor!" without any idea on what grounds I was objecting. Opposing counsel, who was much more senior than I, asked that I state the grounds. When nothing lawyer-sounding came to mind, I blurted, "This has gone on long enough!" Opposing counsel, the judge, the jury, and even my own senior counsel couldn't stifle their laughter.

What's been the best?

Every time I watched my students at the Tulane Environmental Law Clinic argue a case or examine a witness in court. Each time reaffirmed for me that enthusiasm, desire, and hard work can overcome experience and financial resources.

Who is your environmental hero?

Of course I admire the early environmental crusaders, like Rachel Carson, who had enough foresight to anticipate and enough courage to first sound the alarm. But mostly I admire so-called average people with the courage to stand up, take unpopular positions, and speak out for themselves and their neighbors against goliaths of self-serving industry and indifferent government agents.

What's your environmental vice?

I drive entirely too much (and too fast).

How do you spend your free time (if you have any)? Read any good books lately?

Riding my road bike (preferably on the Blue Ridge Parkway), yoga, surfing, scuba diving, listening to music, and reading. I'm currently reading Edward Abbey (The Fool's Progress), Tom Robbins (Jitterbug Perfume), and the latest issue of Harper's Magazine.

What's your favorite meal?

A soft-shell crawfish po' boy at Jazz Fest in New Orleans. Make that two.

What's your favorite place or ecosystem?

A coral reef, anywhere from 15 to 100 feet beneath clear, warm water.

Who was your favorite musical artist when you were 18? How about now?

When I was 18, I was a Who fan, first and foremost, with a little Beatles, Rolling Stones, Bob Dylan, Bob Marley, and Grateful Dead thrown in for variety. After living in New Orleans, I've come to appreciate many different styles and artists. Currently, I'm listening to a lot of Son Volt, Cat Power, Jack Johnson, Los Lobos, and Ben Harper.

What's your favorite TV show? Movie?

I probably shouldn't admit this, but I'm a South Park fan. Sure, it's crude and profane, but it may be the most honest show on TV. As for movies, I like everything from black-and-white classics like Citizen Kane and M, to the documentaries of Errol Morris, to This is Spinal Tap.

Which actor would play you in the story of your life?

Is Alf still around?

If you could have every InterActivist reader do one thing, what would it be?

Think about this and, if you believe it, act on it: our unsustainable patterns of production and consumption won't destroy the earth, just our ability to live on it.

John Suttles, Southern Environmental Law Center.

Docket Man

Would you recommend entering the law profession with the intention of becoming a public-interest attorney? There already seem to be a flood of people with the exact same idea. Can someone realistically earn a living as a public-interest lawyer?    -- Jesse Langdon, Seattle, Wash.

The short answer is: "yeah, but it ain't necessarily easy." Of course, few things worth doing are. Environmental law is complicated, the field is competitive, law school is expensive, and public-interest gigs cannot pay what the private sector can. But as for me, I can't imagine doing anything else. So it's challenging, but it's also rewarding. Yes, it's competitive, but that makes it exciting. No, it doesn't give you the same cash rewards that private practice can, but it's important and necessary work. You may have to scale back on the designer clothes, forget the Mercedes, and limit your reservations at the most expensive restaurants, but you can make a fairly comfortable and immensely satisfying living.

I'm a 40-something CFO making a huge left turn and starting law school this fall. However, the school I will be attending doesn't have a specific environmental law program. Do you have any suggestions regarding how to best position myself for a possible future career as an activist pro-environment attorney?    -- Sonja Stupel, Tucson, Ariz.

First, let me congratulate you. It's bold, exhilarating, and frightening to make such a big career change. Certainly, taking as many environmental courses as you can is helpful. To that end, in your second or third years, I would try a semester at a program that offers environmental classes -- and take as many as possible -- if that option is available to you. Regardless, I would volunteer or seek internships with environmental organizations. Many public-interest groups rely heavily on volunteers and can provide good learning and networking opportunities.

I am a college senior, and I'm torn between pursuing law school with a goal to practice environmental law and spending less time and money to get a master's degree in a similar field. Do you see benefits one way or another? Do you feel you have contributed more to the planet by being able to litigate?    -- Sierra Schneider-Williams, Knoxville, Tenn.

I have to admit that one of the reasons I went to law school was to escape math. I love words and analytical thought, and numbers give me a headache. So for me, I've definitely contributed more to environmental protection by litigating -- and I'm happier doing it. Many of my colleagues, however, have backgrounds in the physical sciences as well as law degrees. (Both come in handy.) The fact is lawyers rely on scientists to help inform policy development and to provide technical expertise in litigation. And scientists rely on lawyers to develop or vindicate policies and laws. I think you'll provide the greatest contribution by pursuing the career that best uses your particular skills and that you most enjoy.

I am looking to go into law school in the fall of 2007. I want to make myself as competitive as possible, but that usually means choosing a school with a huge price tag. If you had to do it all over again, how would you balance your moral ideals with today's cost of law school?    -- Patrick Cunningham, San Jose, Costa Rica

It's a dilemma, and there are no easy answers. Public-interest environmental law is challenging and competitive. So having the best possible credentials is a plus, both in getting a job and positioning yourself to capably do the work. If I were to do it all over again, I'd rank law schools (both in an absolute sense and for their environmental programs), apply to a good cross section, enroll in the program that best positions me to do the work I want, and seek out every grant and scholarship I could find. In the meantime and during your law-school career, volunteer or seek internships with as many environmental organizations as you can. This will help you decide which environmental subject area you want to focus on and also bolster your chances of landing a job in that focus area when you graduate.

I'll be moving to Pennsylvania next year and am wondering if you could recommend a reputable environmental law program in the state. Is Vermont Law my only option in the Northeast?    -- Alba Roldan, Sunnyside, N.Y.

Vermont has a great environmental program, but there are other schools with environmental course offerings, if not programs per se. I'd check course directories online at schools that interest you. Also, keep in mind that administrative law, civil procedure, con law, federal jurisdiction, and many others are important in environmental practice.

Radioactive waste, mercury emissions, pesticide residues, pharmaceuticals and antibacterials in sewage, and even carbon dioxide from smokestacks and tailpipes are all examples of products that do not have their full life cycles incorporated into their price. Why can't we have an economic system that requires price to include the full life cycle?    -- William Belknap, Boulder City, Nev.

You raise a great question that's central to environmental law and, well, responsible living -- the question of externalities and who bears the cost. An externality is a secondary or unintended consequence of an action, usually imposing costs on people who never consented to them. I think the answer to your question boils down to education, accountability, and willingness to pay. First, people must know these costs are being imposed. This requires transparency in transactions. Second, those who reap private benefits and foist the costs onto the public must be identified and held accountable. Otherwise it's the old game of privatizing the benefits and socializing the costs. But this will come with some cost to the public as well. We must be willing to pay it. A good example is the price of gas. The price that Americans pay at the pump doesn't reflect some of the back-end costs, like air pollution. If it did, we'd be paying $4 to $6 a gallon at the pump as they do in Europe.

How is mercury produced in a coal-burning power plant, and what modifications in the plant would eliminate or reduce the problem?    -- Jeff Essen, Chapel Hill, N.C.

The coal itself contains small amounts of mercury that become released into the atmosphere when combusted. For some old plants, the right combination of controls to reduce soot- and smog-forming pollution also can eliminate about 90 percent or more of mercury pollution. Another method that has proved effective -- reducing 90 to 98 percent of mercury emissions from coal -- uses treated powdered carbon that acts like a sponge to literally absorb mercury from the waste gases. Other promising technologies that work in much the same way have been successfully tested. And technologies for new coal-gasification plants can entirely eliminate mercury emissions.

As you know, chlorine factories that continue to use mercury to make chlorine -- even though it's not necessary for that purpose -- rival power plants as a major mercury source. What legal mechanisms can be used to address this serious problem, which is partially focused in the Southeast?    -- Jackie Savitz, Churchton, Md.

(Hello, Jackie. We've met at a mercury conference or two.) I think the problem is two-fold. First, the process that uses large amounts of mercury to make chlorine is outdated ... damn near ancient. The fact is, mercury is a listed hazardous air pollutant, and EPA should require the seven remaining mercury-cell chlorine facilities to adopt the maximum pollution-reduction controls mandated by the Clean Air Act. This would mean switching to modern processes that don't use mercury. The second problem is that these old chlorine facilities that use mercury have already released hundreds of tons of mercury into the environment. If the government doesn't require these plants to clean up their mess, then citizens should sue to abate an imminent hazard under the Resource and Conservation Recovery Act.

Does your legal work address the significant environmental exposure coming from mercury use in the dental community?    -- Dorice Madronero, Suffern, N.Y.

No, SELC hasn't taken on that work as of yet. But a lot of groups do. If you're interested, you might check with the Mercury Policy Project or the New England Zero Mercury Campaign.

Currently, no laws regulate indoor air quality in South Carolina. Restaurant and bar owners have the freedom to allow or ban smoking in their venues. As a result, many public places expose employees and patrons to hazardous levels of polluted air. Legally, can anything be done?    -- Andrew Seidenberg, Columbia, S.C.

I think your best bet here is lobbying, either for an area-wide ban or to convince individual restaurants and bars that most of their patrons would prefer a smoke-free environment. I don't recall the outcome, but years ago flight attendants sued airlines claiming that their jobs exposed them against their will to secondhand smoke. You might check to see how those cases panned out.

Does a chemically sensitive person have any legal recourse to hang over neighbors' heads in order to get them to stop using toxic lawn chemicals?    -- Jenny Stevens, Midlothian, Va.

In true lawyerly fashion, I'll say, "maybe." With the disclaimer that I'm not licensed to practice law or give legal advice in Virginia, I will say that nuisance, trespass, or tort theories may provide a legal cause of action, assuming you can prove a physical intrusion, exposure, and a link between the exposure and any injury. My best advice, however, is to get the advice of a qualified Virginia attorney.

Have you ever been involved in a case where the value of trees was decided?    -- Guy Meilleur, Apex, N.C.

No. If you're looking for the replacement value of a single tree or a few trees, I'd check with local nurseries or arborists. If it's the larger ecological value you're interested in, you might check with conservation groups. Locally, you might try the Eno River Association.

Would you like to say something about Southern reactions to the reported rediscovery of the ivory-billed woodpecker, and to that rediscovery turning out to be a mirage? Has the ivory-billed woodpecker story helped the wetlands of eastern Arkansas? Has it helped other woodlands in the South?    -- Mark Stephen Caponigro, New York, N.Y.

The jury's still out on this, as far as I know. But this works both ways. If the ivory-bill sightings are confirmed, it will be because committed environmentalists protected large areas of virgin wetlands in Arkansas. By the same token, the presence of the ivory-bill should invoke Endangered Species Act habitat protections that will aid in continuing to protect that ecosystem.

Are you single?    -- Karen Simon, Carrboro, N.C.

Yes, I'm single. But sadly, my dating skills have become vestigial.

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