Pace Environmental Litigation Clinic

06/22/2023

New York Supreme Court in Albany County has granted the motion to intervene filed by the Clinic in a groundbreaking Green Amendment action regarding a hazardous waste incinerator in upstate New York. The Clinic brought claims on behalf of Lights Out Norlite and local residents, arguing that the Norlite facility – which has been repeatedly fined over the past two decades – cannot be operated in a way that protects the health and environment of the residents, including an environmental justice neighborhood directly adjacent to the facility. The Court granted the motion to intervene, rejecting both Norlite’s and DEC’s arguments that intervention was unnecessary or prejudicial. As the Court states, the fact that DEC claims it “‘already seeks to protect the rights of the intervenors to clean air and a healthful environment’ cannot be considered an adequate substitute for the intervenors' Green Amendment claim, especially in light of DEC's enforcement history against Norlite, and certainly cannot be a basis upon which this Court denies their intervention.” Link below.

03/27/2023

Clinic intern Megan Gaddy (pictured) argued our petition on behalf of Clean Air Action Network of Greater Glens Falls today in the Saratoga County Supreme Court. The Petition seeks to compel an Environmental Impact Statement for a proposed first of its kind biosolid facility. The Judge was incredibly well prepared and knew the record and the issues in detail, but so was Meggie, who argued the matter extraordinarily well. We hope to get a ruling in 2 months.

03/14/2023

Since 2017, residents of Ossining and Croton-on-Hudson have been plagued by extremely loud, low-frequency noise produced by the Croton Harmon Yard and Croton Harmon Station. The consistency and volume of the noise, most often heard between 10 PM and 5:30 AM, prevents residents from sleeping, and has caused loss of hearing, tinnitus, confusion, loss of appetite, headaches and lethargy.

On February 23, 2023 the Clinic filed a Complaint for Declaratory and Injunctive Relief in the Supreme Court of New York Westchester County against the MTA and Metro North on behalf of Neighbors Opposing Noise, Inc. Neighbors Opposing Noise, Inc. is challenging the noise pollution produced at the Croton Harmon Yard and Croton Harmon Station, which continues to impact the health and wellness of nearby residents. Ossining and Croton-on-Hudson residents faced similar issues in the early 2000s; however, at that time the MTA and Metro-North cooperated with local officials, ultimately mitigating noise pollution to the communities surrounding the Croton Harmon Yard and Station.

Despite their past cooperation with affected communities, the MTA and Metro-North deny responsibility for the ongoing noise pollution. Neighbors Opposing Noise, Inc. seeks to permanently end the noise pollution produced by the MTA and Metro North, allowing Ossining and Croton-on-Hudson residents much needed sleep.

Pace Environmental Litigation Clinic | 31 followers on LinkedIn. A legal clinic devoted to representation of non-profit environmental groups. | The Pace Environmental Litigation Clinic represents a wide variety of environmental groups, from nationwide groups like NRDC, to smaller, more local groups....

01/31/2023

New job alert posted on LinkedIn. Come over and follow our new LinkedIn page! We'll be posting job openings and other content of particular interest to clinic alumni and interns.

01/29/2023

All, we have created a LinkedIn page for the clinic alums and interns. Given the decreasing use of Facebook and Twitter, and the nature of many of our posts (job openings), much of our content will migrate to LinkedIn. We’ll keep FB too for now, but may drop Twitter. Give us a follow on LinkedIn for clinic news and enviro law positions!!

Pace Environmental Litigation Clinic | 31 followers on LinkedIn. A legal clinic devoted to representation of non-profit environmental groups. | The Pace Environmental Litigation Clinic represents a wide variety of environmental groups, from nationwide groups like NRDC, to smaller, more local groups....

12/20/2022

Today, the Clinic filed a Motion to Intervene in the State of NY and New York State Department of Environmental Conservation v. Norlite, LLC on behalf of Lights Out Norlite in the Supreme Court of New York Albany County. Lights Out Norlite seeks to intervene in the State case to sue the Norlite Facility for its members’ decade-long exposure to harmful air contaminants. Lights Out Norlite also seeks to challenge DEC’s lack of enforcement action with regard to the Facility as a violation of its members’ constitutional rights to clean air and a healthful environment, pursuant to the recently enacted Green Amendment.

The Norlite Facility, an aggregate production and hazardous waste incineration facility, has long plagued the community in Cohoes, NY through its emission of harmful pollutants. Nearby residents are severely impacted by the Facility’s production of fugitive dust emissions, which blanket their homes, cars, and other property in a sheet of dust. The air contaminants in this dust significantly increase the risk of adverse health effects in the surrounding communities. Despite voicing their grievances to DEC for years, DEC has only issued mere slaps on the wrist in the form of penalties. Lights Out Norlite through its motion to intervene seeks to ensure that the proper remedy is awarded – the immediate and proper closure of this Facility.

Link to Complaint:

12/16/2022

Job Alert! CT’s Dept. of Energy and Environmental Protection (DEEP), Public Utilities Regulatory Authority (PURA) is looking to hire a Staff Attorney in New Britain. PURA's Office of Education, Outreach and Enforcement is looking for an enthusiastic recent law school graduate! For info:

The State of Connecticut is an equal opportunity/affirmative action employer and strongly encourages the applications of women, minorities, and persons with disabilities.