2024 Environmental Law Clinic Highlights
Environmental Law Clinic faculty and students at the 2024 clinic orientation camping trip.
The University of Denver Sturm College of Law Environmental Law Clinic (ELC) has had an exciting year so far working in a variety of substantive areas of environmental law, in both state and federal courts, and with many different types of clients.
This fall our students attended oral arguments in Center for Biological Diversity v. EPA at the 10th U.S. Circuit Court of Appeals. This case is about the approval by the U.S. Environmental Protection Agency (EPA) of Colorado’s State Implementation Plan for Ozone. The opening and reply briefs for this case were written by 2023-24 ELC students and discussed Colorado’s continued failure to meet ozone reduction goals in the Denver Metro Area required by EPA. The brief asked the court to vacate the inadequate submittal so Colorado and EPA can put a stronger plan in place. The case was argued in September by our co-counsel at the Center for Biological Diversity and this year’s students took the lead in all aspects of preparation. ELC continues to support various efforts to improve air quality and reduce greenhouse gas emissions in Colorado including working with community-based health and environmental justice groups in North Denver/Commerce City whose advocacy focuses on the Suncor Oil Refinery.
For several years, the ELC has been litigating over the Colorado General Permit for Concentrated Animal Feeding Operations' lack of representative monitoring provisions as required by the Clean Water Act. Earlier this calendar year, the Colorado Department of Public Health and Environment affirmed the permit without the required monitoring provisions, wrapping up a lengthy administrative review process before the agency. Clinic students then drafted a complaint seeking judicial review in Colorado state court, starting a new phase in this matter. This year’s students are currently briefing the matter in state court pursuant to the Colorado Administrative Procedure Act.
With so many DU law students interested in careers as water lawyers in Colorado, the ELC has developed a Colorado water court docket giving students opportunities to learn about this practice area unique to Colorado. For example, Colorado law allows “any person” to file a Statement of Opposition to ensure that conditional water rights holders continue to exert “reasonable diligence” to develop their water right. Student attorneys prepared and filed two Statements of Opposition in water court on behalf of our environmental nonprofit client and are currently litigating these cases, learning more about water court in the process.
In ELC faculty news, Professor Kevin Lynch, Associate Dean of Academic Affairs, is included in the new publication, Adapting to High-Level Warming: Law, Governance, and Equity (West Academic), which focuses on how governments and institutions can prepare for the impacts of high levels of temperature change. Lynch has two chapters in this book, one solely authored and another co-authored.
