Environmental law is a relatively new legal specialty that developed in the 1970s with the passage of the country's first federal environmental statutes and the establishment of the Environmental Protection Agency (EPA). A wide range of federal environmental statutes have followed, including the Clean Air Act, the Clean Water Act, and the Comprehensive Environmental Response Compensation and Liability Act (the Superfund Program).
Environmental law practitioners work in a variety of settings. In government, environmental lawyers work for federal, state, and local agencies. These jobs primarily deal with the enforcement and development of environmental regulations. Litigation is often involved. For instance, a lawyer at the EPA might have to defend the agency in a case brought by an industry group accusing an EPA regulation of being too burdensome. Environmental lawyers may also work as public interest lawyers or as attorneys for environmental advocacy organizations. Organizations of this sort include the Environmental Defense Fund (EDF), the Sierra Club, and Clean Wisconsin (formerly Wisconsin's Environmental Decade).
In the private sector, environmental lawyers find jobs in law firms or as in-house attorneys for corporations. A large amount of work in this area concerns the necessary environmental permits that businesses need when they build or expand and involves the application of administrative law to obtain, challenge, or defend permits. Corporate environmental lawyers also counsel their clients on the environmental liabilities associated with purchasing existing real estate. Private practice may also involve efforts to develop or modify agency rules and legislation relating to environmental issues and defending private or municipal parties in enforcement proceedings.
Law students with a strong interest in environmental law can earn either a certificate in environmental studies or a dual degree in environmental studies through the University of Wisconsin's Gaylord Nelson Institute for Environmental Studies.
Core/Foundation Courses
These are the basic courses offered at the UW that -- at a minimum -- employers expect a student interested in this specialty to have.
- Administrative Law
- Introduction to Environmental Law or Environmental Law and Practice
- Land Use Controls
Recommended Courses
Students interested in this practice area should consider including one or more of the following courses as electives.
- Advanced Legal Writing
- Constitutional Law I
- Constitutional Law II
- Environmental Justice
- Legislation
- Local Government Law
- Negotiation/Mediation
- Selected Problems in Environmental Law
- Water Rights Law
(Note that whether a particular course is scheduled depends on faculty availability and student demand.)
Enrichment Courses
These courses deepen or broaden the skills and substantive information that a lawyer in this field needs and may also provide advanced courses for students interested in a specialty within this area of practice.
- Business Organizations I
- Evidence
- Environmental Litigation
- Federal Law & Indian Tribes
- Oral Communication
- Regulated Industries: Energy
- Remedies
Clinical Programs, Internships, and Externships
The Judicial Internship Program places students with trial and appellate judges throughout Wisconsin, including placements with the Wisconsin Supreme Court and Seventh Circuit Court of Appeals. Student work varies but always emphasizes research and writing.
Wisconsin Department of Justice Externship
This program offers the opportunity to gain hands-on experience in civil litigation and public advocacy as it relates to environmental law at the Department of Natural Resources and Midwest Environmental Advocates.
Student Organizations and Related Activities
Environmental Law Society
This student organization studies problems related to both
environmental preservation and the impact of environmental
regulations on businesses and individuals.
There are three student journals -- Wisconsin Law Review , Wisconsin International Law Journal , and Wisconsin Journal of Law, Gender & Society -- that give students an opportunity to assist with and contribute to the Law School's scholarly publications. These publications provide invaluable training in legal research and writing. Published articles sometimes concern environmental law.
Mock Trial
provides real trial experience at a competitive level. Students
participate in nationwide competitions that give them opportunities
to give opening and closing statements and direct- and
cross-examine witnesses. For the student interested in litigation
it is an invaluable experience to learn skills you may not get in
the classroom.
Moot
Court
Moot Court is a mock appellate advocacy program that provides invaluable experience for students in brief writing and oral advocacy.
Wisconsin Public Interest Law Foundation (UW-PILF)
This student-run organization is committed to supporting law students who want to work in public interest law. The UW-PILF offers grants to students who pursue public interest work during the summer, including public interest work in environmental law.
Environmental Law Faculty
Here are some of the faculty who teach or have an interest in this subject area:
Richard
Monette
Room 6112
(608) 263-7409
rmonette@wisc.edu
Stephanie
Tai
Room 7104
608-890-1236
tai2@wisc.edu
Advice From Faculty & Friends
Paul Kent, Adjunct
Anderson & Kent, S.C.