Dear friends and alumni,
A week into an already abnormal Zoom semester, the Berkeley campus poised for rolling blackouts. A month in, local temperatures soared past 90 degrees, and Death Valley broke global temperature records at 129F. Days later, wildfires ignited, roared, and massed into “complexes,” as the smoke-filled sky went white, yellow, and orange. For ELC students, these surreal, apocalyptic events have only confirmed their main reason for coming to law school: to combat climate change with all available tools.
Students have responded to eco-catastrophe by redoubling their efforts. They’ve put their face masks on, their heads down, and their fingers to keyboards, engaging in litigation and advocacy to complexify fossil fuel development and speed the transition to a clean, just energy system. In parallel, they’ve helped to draft state legislation to expose the use of hazardous, often petroleum-based chemicals in everyday cosmetic and personal care products, from cologne to moisturizer to deodorant.
In this moment when good news feels scarce and thus doubly precious, we celebrate their recent successes!
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Planning for (inevitable) oil spills
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On behalf of clients including a fisher on Louisiana’s Gulf Coast, an Inupiaq health worker in Alaska, and a marine toxicologist, the clinic sued the U.S. Environmental Protection Agency in early 2020 for the agency’s unlawful failure to update the 25-year-old National Contingency Plan governing the nation’s response to offshore oil spills. This plan permitted use of vast quantities of toxic chemicals to disperse oil in the BP Deepwater Horizon disaster, sickening coastal residents and spill response workers. Many now have chronic health conditions. Our clients are concerned about the potential for future oil spills and renewed toxic responses in light of the Trump Administration’s expansive offshore oil drilling plans. In June, we defeated EPA’s motion to dismiss our Clean Water Act claim, with a federal trial court ruling — on an issue of first impression nationally — that the Clean Water Act requires EPA to maintain a scientifically current oil spill clean-up plan that reflects lessons learned from previous spills. Our victory was covered in the Gulf Coast media, Native Alaskan media, and the environmental trade press, among other outlets. Read more about the clinic’s work to fight toxic exposures in federal court and at the state house.
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Investigating fossil fuel insurance
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How can the public identify and exert political pressure on the insurers of fossil fuel projects, given the accident and climate risks such projects pose? At the request of the Sunrise Project, an ELC team investigated who insures fossil fuel infrastructure, including the controversial Keystone XL pipeline, and made some (mostly disturbing) findings. First, there is no general requirement nationally that regulators demand proof of insurance or its adequacy when permitting fossil fuel projects. Second, many fossil fuel companies self-insure through “captive” insurance companies, and may underinsure against accidents. An ELC student clinician offers his perspective on the team's research findings here.
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Advocating for a clean, equitable energy future
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In three ongoing proceedings before California’s Public Utilities Commission (PUC), the clinic has advocated on behalf of environmental justice clients to achieve key victories for clean energy and climate justice.
- The clinic has increased disadvantaged communities' participation in clean energy pilot projects by advocating for changes in eligibility requirements, including projects in Allensworth, the first California town established by African Americans.
- ELC advocacy convinced the PUC, California Energy Commission, and Air Resources Board to consider equity when implementing California's ambitious renewables law, Senate Bill 100. In response to an extensive ELC comment letter that garnered support from community organizations and environmental groups, the agencies agreed to analyze a scenario phasing out fossil fuels from the electric grid by 2045.
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The clinic worked with client Breast Cancer Prevention Partners to conceive and draft California Senate Bill 312 (first introduced as Senate Bill 574), the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020. The bill forces manufacturers of cosmetic and personal products sold in California to inform the public health department of any toxic or allergenic fragrance or flavor ingredients. The department must then share this information with the public. As ELC’s director explains in this op-ed, fragrances in particular may cause hormone disruption, provoke allergies, or induce workplace asthma. Toxic-ingredient disclosure laws typically affect consumers’ purchasing behavior, and incentivize manufacturers to detoxify product formulations to avoid market stigma. Gov. Newsom signed the bill in September 2020. The bill was among seven signed bills spearheaded by Berkeley Law’s clinics and centers this year.
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Clinical Program Releases First Annual Report
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It’s been a busy year in Berkeley Law’s clinical program. We rise to meet the demands of the moment, and across our 14-clinic program, our faculty, staff, and 300 students annually are providing direct legal services, litigating cutting-edge issues, and conducting policy-based research. View our Annual Report to learn how clinical faculty and students are working to advance social justice.
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