Earthrise

Earthrise, Green Energy Institute, and Global Law Alliance news.

Michael Benjamin Smith ?21 Michael Benjamin Smith ’21Students Present Oral Arguments for Māui Dolphins, Idaho Waters

Earthrise Legal Fellow Dani Replogle ’19 argued in front of the Court of International Trade in July 2021 on behalf of Sea Shepherd New Zealand and Sea Shepherd Conservation Society to protect the 57 remaining Maui dolphins. The argument and supporting brief requested a ban on the import of fish caught in gillnet and trawl fisheries, and strict enforcement of the Marine Mammal Protection Act (MMPA).

“We want to hold the U.S. government accountable for its obligations under the Marine Mammal Protection Act,” said Replogle. “We’re such a big seafood importer, if we were truly holding other countries to the MMPA’s standards, we could have a really big impact on marine mammal conservation worldwide.”

In August 2021, Michael Benjamin Smith ’21 appeared before Judge David Nye of the U.S. District Court for the District of Idaho in an Earthrise lawsuit involving aquatic species and mercury pollution in Idaho.

The court adopted the arguments of Earthrise and Smith, finding that the Environmental Protection Agency (EPA) had violated its mandatory duty under the Clean Water Act to adopt mercury water quality standards for Idaho after the state’s failure to do so. “This is a win for aquatic life in Idaho and will likely have implications beyond this specific case as far as EPA’s responsibilities under the Clean Water Act,” said Smith.

Earthrise Protects Salt Pondas in the Bay Area

On behalf of their client San Francisco Baykeeper, Earthrise recently won an important case in the U.S. District Court for the Northern District of California to protect salt ponds in Redwood City, California.

Earthrise Files Lawsuit Challenging Dams on Columbia and Snake Rivers

Representing a broad coalition of environmental and fishing organizations, Earthrise filed an eighth supplemental complaint with the U.S. District Court for the District of Oregon over the federal hydropower systems in the Columbia and Snake rivers and the failure of several federal agencies to comply with the Endangered Species Act and National Environmental Policy Act.

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Green Energy Institute (GEI) Protects Marginalized Communities While Reducing Emissions

Amy Schlusser ?13 Amy Schlusser ’13 Credit: Craig MitchelldyerGEI Staff Attorney Amy Schlusser ’13 is one of 34 individuals advising the Oregon Department of Environmental Quality (DEQ )as it develops regulations to cap and reduce greenhouse gas emissions from transportation fuels and natural gas through the Oregon Climate Protection Program.

Schlusser advocated for incorporating environmental justice (EJ) protections into the program through “Community Climate Investments,” a mechanism that allows regulated entities—such as oil companies that sell gasoline in Oregon—to purchase credits from DEQ-certified nonprofits that invest in projects and programs that reduce emissions and provide other cobenefits in EJ communities.

Schlusser hopes that this mechanism for reinvesting funds back into impacted communities will generate revenue that will be used for projects that increase energy efficiency and help electrify buildings and vehicles in communities at risk of being left behind by the transition to a decarbonized economy.

Global Law Alliance (Formerly IELP) at Lewis & Clark Law School

The Global Law Alliance for Animals and the Environment (GLA) is a champion for wild animals and wild spaces, and provides clinical opportunities for students interested in international animal and environmental law.

GLA offers the International Animal and Environmental Law Clinic for JD students and the International Wildlife Law Clinic for LLM students. Students participate in the work of the clinics, becoming effective advocates through training and practical experience. See more on page 38.

Training Climate Change Leaders

Events

Students and alumni mentioned in this article received support through one or more of the following scholarships: the Dean’s Scholarship and Harpole Memorial Scholarship.

#1 in Environmental Law—Again

U.S. News & World Report ranks the law school’s Environmental Law Program the best* in the country for 2022, continuing Lewis & Clark’s record of taking the first or second spot in the rankings for the last 25 years.

Student Recognition

The students mentioned received support through one or more of the following scholarships: the Dean’s Scholarship, Steven Manas Memorial Scholarship, Trillium Grant, and the Rose E. Tucker Charitable Trust Annual Scholarship - Law.