Environmental Advocacy Project Work Product

Papers, Studies, Memoranda of Law

Designated Port Areas – A Manual for Lawyers (2009). This study, completed on behalf of citizen groups aiming to clean up and utilize the Massachusetts shoreline, examines the law and history of Massachusetts' Designated Port Areas.
Caitlin Beatty, Entergy v. Riverkeeper and the Difficulty of Assigning a Monetary Value to the Environment (2009). Entergy v. Riverkeeper involved a challenged EPA decision on whether and how the agency should engage in a cost-benefit analysis to determine whether power plants should be required to update their cooling systems.
Rebecca L. Castaneda, Wind Energy in Massachusetts in 2009 (2009). Overview of some of the federal and state laws and regulations impacting wind energy development projects in Massachusetts.
Rachel Cohen, The Constitutional Crisis with the Legislative Veto: A closer look into Immigration and Naturalization Service v. Chadha and its relationship to Section 204(e) of the Federal Land Policy and Management Act of 1976 (2009). Examines a January 2009 Department of Interior regulatory revision through which a debate has arisen over the constitutionality of the Federal Land Policy and Management Act emergency withdrawal provision.
Matthew Des Meules, Federal Cap-and-trade: A Seamless Web in a Global Economy (2009). Explores the debate surrounding federal “cap-and-trade” initiatives from a global perspective.
Victoria Turner, Massachusetts’ Smart Grid Pilot Program: Real-time Energy Consumption and Behavioral Modification (2009). Overview of the innovative Smart Grid Pilot Program developed by NSTAR, the largest Massachusetts-based, investor-owned, electric and gas utility.
Tiffany Zadi, Excess Corn: Why Industrial Food Corporations are Benefitting at Our Expense (2009). Discusses how our dependence on corn came to be and the many problems it causes, from the ethanol that feeds our cars to the beef that feeds our families.
Kristen Holt, An Analysis of South Florida Water Management District v. Miccosukee (2004). Analyzes the landmark case addressing the scope of Clean Water Act jurisdiction.
Luke Legere, Controlling Stormwater Runoff to Minimize Nutrient Loading into Queechy Lake (2004). A case study of Queechy Lake in Canaan, NY, encompassing the lake’s problems and legal solutions.
Julie Palmaccio, DOI vs. EPA: A Battle over Tribal Jurisdiction in Maine (2004). Examines the 2003 Environmental Protection Agency approval of Maine’s application to administer and enforce the Maine Pollution Discharge Elimination System. The approval would allow Maine to regulate some of the tribal territories of the Penobscot Nation and the Passamaquoddy Tribe.
Jeffrey J. Trapani, Revising Massachusetts' 40A: Guiding the Development of the Commonwealth Under the Principles of Smart Growth (Spring 2003): A discussion of the opportunities that the Commonwealth has to use the principles of smart growth.
Jeffrey J. Trapani, The Effects of Sandoval and South Camden (Spring 2003): A discussion of the Supreme Court and Third Circuit decisions on disparate impact and how the decisions may impact environmental justice claims.

Janet V. Keymetian, Reduction of Endocrine Disrupting Agricultural Chemicals and Federal Organic Farming Incentives (April 2002) : A discussion of the use of pesticides and other chemicals which adversely affect humans and the need for federal incentives to increase the use of organic farming.
Tracy LaChance, Socially Responsible Investing as a Method of Environmental Advocacy (April 2002): Examines the methods that can be used to invest in a manner that is socially and environmentally responsible while still allowing for an improvement in quality of life.
Kristen M. Ploetz, Informing the Green Consumer: The Growing Need for Corporate Disclosures in the Retail Sector (April 2002): As the consumer population strives to be more environmentally conscious, there is a greater need for clear information on all consumer goods. Ms. Ploetz offers an argument for greater clarity, depth of information, and ease of use so that the ordinary consumer may choose environmentally sound product.
Sara Goldman, The Broad Use of the Environmental Justice Rubric: Does it Help or Hinder the Movement? (December 2000): Has the expansion of the use of the term 'EJ' by a variety of groups and the lack of law on the subject stretched the environmental justice movement too thin? Through a discussion of several case studies in the Greater Boston area, this article looks at the use of environmental justice and the problems associated with its broad use.

New England Law Review Articles

Kristen M. Ploetz, Note, Light Pollution in the United States: An Overview of the Inadequacies of Common Law and State and Local Regulation (Summer 2002): A discussion of the myriad of attempts to regulate the ever growing problem of light pollution and the subsequent failures of each. The author argues for federal legislation to address the problem uniformly.
Paula J. Frasso, Note, The Massachusetts Anti-Cruelty Statute: A Real Dog – A Proposal for a Re-Draft of the Current Law (Summer 2001): A discussion of animal cruelty laws across the United States and an analysis of the best components of each that should be incorporated into Massachusetts' law to ensure the safety of our pets.
Joan M. Malik, Comment, Centerior Service Co. v. Acme Scrap Iron & Metal Corp.: Pleading for CERCLA Recovery (Fall 1999): CERCLA cost recovery actions and the differing opinions amongst the Circuits as to the applications of sections 107 and 113 for the contribution and recovery of cleanup costs.
Ann Berwick, Esq., Environmental Implications of Energy Industry Restructuring (Spring 1999 Symposium): A speech outlining the impacts of energy restructuring including the premature closure of nuclear power plants, the increase of coal and natural gas use, and the potential impact of various environmental regulations.
Mark Roberts, Esq. & Andy Morgan, Cleaning Up, Redeveloping and Reusing Contaminated Properties (Spring 1999 Symposium): This article discusses the early attempts to clean the myriad of hazardous waste sites across the country and the realization and change that occurred in the 1990s to push for redevelopment rather than litigation and cleanup.
Ann Brewster Weeks, Esq. Advising Nature: Can We Get Clean Air from the Old Dirties? (Spring 1999 Symposium): Can grandfathering of old power plants ever equal clean air? Attorney Weeks discusses the need for a new New Source Review Program and the sweeping changes necessary to "fight" air pollution.
Ethan H. Jessup, Environmental Crimes and Corporate Liability: The Evolution of the Prosecution of "Green" Crimes by Corporate Entities (Spring 1999 Symposium): The use of enforcement regulations has replaced industrial complacency towards environmentalism with alarm. Through the use of legal mechanisms that hold corporations and individuals personally responsible for industrial pollution, EPA and state environmental organizations have put teeth in the old regulations.