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Johnson in Law

Bern Johnson, environmental lawyer, answers readers' questions


06 Oct 2006
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question What can be done to prevent the polluting of poor countries by richer ones, such as the recent toxic scandal in Ivory Coast?    -- Juliette Hauville, Bologna, Italy

answer The key is to empower people to protect themselves and their environment. ELAW gives partners in less-industrialized countries the legal and scientific tools they need to challenge polluters. When would-be polluters know that skilled, committed lawyers -- armed with the best legal and scientific tools -- are ready to hold them accountable in every country around the world, they will be less likely to export environmental abuses.

question If your firm was given a million dollars to support your activism, what work would you support where you could have the biggest long-term impact? Is it within your organization's capacity to actively promote a national carbon tax?    -- Scott Pope, Eugene, Ore.

answer With a million dollars, I would focus on three major initiatives:

I would help lawyers around the world protect the global climate through law. The damage we are doing to our climate threatens to be one of the worst injustices of all time -- the people least responsible for damaging our climate will be the ones most harmed by the consequences. We should be engaging legal systems to prevent and remedy this injustice.

I would support ELAW's Rapid Response Network. Lawyers all over the world call on us for help in challenging environmental abuses. Often, these lawyers are racing to protect communities or ecosystems. We need to respond instantly to give these lawyers the legal and scientific tools they need to win.

I would give communities a voice in decisions about the environment. Communities all over the world want to build a sustainable future. We want to work with our partners to ensure that disadvantaged communities have the right to participate in decisions about the environment and that their voices are heard.

Our work is focused outside the U.S., so we would not be working to promote a national carbon tax in the U.S. We are, however, looking at policy tools that our partners around the world can use to help protect the global climate.

question Who foots the bill for the resource your organization provides?    -- Marie Fisher, Telford, Pa.

answer ELAW helps partners around the world at no charge. We support our work with gifts from individuals, foundation grants, and occasional government grants. Because we use electronic communication tools to empower local partners with the legal and scientific resources they need, we achieve big bang for the buck. I appreciate your question and would be thrilled to have your support!

question Do you have any words of advice for aspiring environmental lawyers like me? Anything you wish you had done differently in law school or shortly thereafter?    -- Michael Kopp, Denver, Colo.

answer I'm glad to hear you are an aspiring environmental lawyer. My first advice is simple: Find ways to work to protect the environment through law. We need more lawyers working to protect the environment.

While you are in school, find ways to work with practicing environmental lawyers. Whether you earn credit toward your degree, volunteer, or even get paid, you will learn a lot. Remember that many people who call themselves "environmental lawyers" are not actually working to protect the environment. In fact, some of them are helping corporations find ways to avoid complying with environmental laws.

Live simply and save money. My first job out of law school was working in a private firm that paid me pretty well. I was able to pay off my student loans and save some money, so in a few years I could afford to take a big pay cut to go to work for a nonprofit and work full time to protect the environment. Saving money can open the door to working for the planet.

question When I was looking into law schools, I was told that you don't study environmental law. Instead, you get the law coursework and hope to find an environmental firm to get the specific experience upon graduating. Is this the reality, and what was your undergrad major?    -- Jared Webb, Rocky Mount, Va.

answer I studied political economy at Williams College, which enabled me to learn about how political systems make decisions about natural resources. I cannot imagine a law school that does not offer courses in environmental law. In your first year of law school, you generally take the prescribed mainstream courses, but you should be able to take plenty of environmental law courses during your second and third years of law school.

I suspect that you will learn the most about protecting the environment through law by working with lawyers who are doing that work. When you are looking at law schools, find out if they offer clinical opportunities to work with environmental defenders -- internships, externships, etc. -- and then pursue whatever is available while you're in school. You should be able to earn credit for working to protect the environment.

question How has technology impacted your ability to do your work internationally?    -- Dean Ericksen, Seattle, Wash.

answer Communications technology makes it possible for ELAW to give a grassroots lawyer in the farthest corners of the globe the latest scientific research about environmental problems and solutions. We can connect grassroots lawyers with the best environmental law minds in 60 countries around the globe. We can hold multinational corporations accountable for environmental abuses on the other side of the globe. We can share news of environmental victories and work to replicate them around the world. We can empower grassroots organizations to collaborate with partners all over the world in ways that were impossible a few years ago, and unthinkable 30 years ago.

I am a big believer in the power of communications technology to advance progressive causes. Most progressive causes -- including protecting the environment -- are hindered by a lack of organization and a lack of resources. If they are used wisely, electronic communication tools can help overcome these hurdles.

question When people come at you with the argument that global warming doesn't exist, what do you use to counter them? Also, what can we do to make the government respond to global warming?    -- Taylor Sorensen, Seattle, Wash.

answer It is difficult to convince people who refuse to recognize science. I agree with British Energy Minister Malcolm Wicks, who told Reuters: "The people in denial now are the equivalent of the Flat Earth Society." We need to educate and motivate reasonable, informed people, and ignore those who refuse to recognize science.

As far as moving the government, for now, I would focus on state and local governments. Write to your governor and mayor and ask what steps they have taken to protect the global climate; then urge them to do more.

question What will most Americans be using for transportation 25 years from now? On a three-day fishing trip would you rather act as fishing guide for Rush Limbaugh or Bill O'Reilly?    -- Tommy Bascom, Eugene, Ore.

answer In 25 years, we had better be using some form of transportation that is lighter on the earth than what we use now.

I'm no fishing guide, and I would only want to go on a fishing trip with someone who truly appreciated the fish and the healthy river they need.

question How can U.S. law students obtain legal internships from the partners listed on ELAW?    -- Elena Gil, San Francisco, Calif.

answer U.S. law students have worked with many of the organizations in the ELAW network. If you are interested, write to us, let us know where you might be interested in working, and we'll see what we can do. Keep in mind that our partners generally cannot pay legal interns.

question I am an environmental attorney who wants to work on bigger issues. Can you give me a job?    -- Dan Gildor, Austin, Texas

answer Thanks for asking. Right now, we are not looking to hire any attorneys. If we can find some more money, I would like to hire more lawyers and scientists to do more good for the planet.

question During my regular dog-walk loop, I sometimes encounter strong-smelling fumes coming from a freestanding car workshop in a neighborhood yard. Aren't there any regulations on chemicals we release into the environment? Who are the environmental police that should be notified?    -- Naomi Klass, Falls Church, Va.

answer The U.S. EPA issued a regulation [PDF] not too long ago that limits organic hazardous air pollutants from shops that engage in surface coating of automobiles and light-duty trucks.

You could call the air toxics office to learn who should be notified about a potential violation of this regulation in your area.

question You are lucky that your family is supportive of your environmental values. Any advice for those of us who live with people who cannot be convinced that they should at least religiously recycle, reduce, and reuse?    -- Elena Gil, San Francisco, Calif.

answer Yes, I am lucky to live with a family that shares my commitment to protecting the environment. If you are not so fortunate, I would recommend identifying simple steps that people close to you can take to reduce their impact on the planet. If you identify those steps and show that they will benefit the planet without reducing anyone's quality of life, you should be able to start moving people in the right direction.

question What suggestions would you give to phase out concentrated animal-feeding operations that pose a huge threat to our ground and surface water?    -- Ginny Botz-Taylor, Tempe, Ariz.

answer In 2003, the U.S. EPA finalized effluent limitations for CAFOs.

Waterkeeper Alliance, a nonprofit environmental organization, sued the EPA because the rule was too lax. You may want to contact Waterkeeper Alliance to get involved with their efforts.

question I've heard you're coping with the loss of two particularly amazing high-school volunteers. How are you dealing with this? More importantly, how are the office appliances dealing with this epic tragedy?    -- Kate Fickas and Rebekkah Meyer, Eugene, Ore.

answer I love working with volunteers. They bring energy, enthusiasm, and new ideas. We had two wacky high-school student volunteers who named all of our office equipment. We think of those crazy kids every time we turn on Archibald, the postage meter. Volunteers help us protect the planet, and we help them gain skills and experience.

question You see so much suffering around the world, and yet you maintain such a positive attitude. How do you do it?    -- Ashley Henry, Portland, Ore.

answer I am lucky to have a strong, supportive family. I am inspired by partners around the world who work against overwhelming odds to protect the planet. Children -- especially my two daughters -- make me laugh, and laughing always helps. Going outside and enjoying nature always lifts me up. Wild rivers, big mountains, and huge trees work great, but even a small weed struggling to grow through a crack in the concrete can lift me.

I keep an Edward Abbey quote by my desk: "One final paragraph of advice: do not burn yourselves out. Be as I am -- a reluctant enthusiast ... a part-time crusader, a half-hearted fanatic. Save the other half of yourselves and your lives for pleasure and adventure. It is not enough to fight for the land; it is even more important to enjoy it. While you can. While it's still here. So get out there and hunt and fish and mess around with your friends, ramble out yonder and explore the forests, climb the mountains, bag the peaks, run the rivers, breathe deep of that yet sweet and lucid air, sit quietly for a while and contemplate the precious stillness, the lovely, mysterious, and awesome space. Enjoy yourselves, keep your brain in your head and your head firmly attached to the body, the body active and alive, and I promise you this much; I promise you this one sweet victory over our enemies, over those desk-bound men and women with their hearts in a safe deposit box, and their eyes hypnotized by desk calculators. I promise you this; you will outlive the bastards."

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