The primary focus of the clinic will be the representation of residents of Western Pennsylvania who are appellants in cases that come before the Pennsylvania Environmental Hearing Board (EHB). Working in cooperation with counsel for the EHB and with the Pennsylvania Bar Association’s environmental law pro bono project, the clinic will accept referrals of cases involving individuals who file appeals from Pennsylvania Department of Environmental Protection (DEP) administrative orders or permits, and who would otherwise be acting pro se. The appellants referred through this mechanism are low-income individuals who cannot afford attorneys fees or expert witness fees.
Substantive and procedural topics and skills addressed in classroom and individual meetings will include: Rules of Professional Conduct and Code of Civility; Pennsylvania statutes and regulations applicable to EHB litigation; organization and functioning of the Pennsylvania Department of Environmental Protection; client interviewing; preparing and interviewing environmental experts; preparing pleadings and helping pro se appellants prepare pleadings; EHB rules and procedure, including appeal procedure and burden of going forward and burden of proof.
Because EHB appeals often require expert evidence, clinic students and teaching staff hope to work in conjunction with the Duquesne University Bayer School’s Center for Environmental Research and Education to procure the volunteer services of faculty and graduate students who are willing to act as expert witnesses. In clinic cases where expert testimony is an element, students will have the unique opportunity to have practical experience in preparing and interviewing experts, culminating with direct examination of the experts during the hearing process.
Students may also visit sites in order to understand the issues concerning the site, and will also observe proceedings before the EHB.
Beyond representation of EHB appellants, matters addressed by the clinic may include: commenting on proposed state and federal environmental regulations; reviewing subsidence claims; assisting property owners in environmental justice issues; and educational outreach to lmunicipalities and community organizations. The clinic will participate in these matters to the extent practical, given time constraints and pedagogical considerations. The mission of the clinic is to provide representation to low-income, underserved individuals and communities who otherwise would not have access to legal services in environmental matters. The clinic will not participate in large-scale environmental impact litigation or advocacy.
The clinic will be open to students who have completed at least three semesters of law school. Where possible, students will be certified according to Pennsylvania Supreme Court rules to enable them to appear before the EHB. There are no prerequisites. In the initial semester, the clinic will be limited to 4 to 6 students. This is a one-semester clinic carrying 3 clinical credits.
The clinic will be supervised by Ms. Zelda Curtiss, L’78 and Dr. Kirk W. Junker, L '84. Both are licensed to practice in Pennsylvania. Ms. Curtiss is also licensed to practice in New York State. Ms. Curtiss spent 28 1/2 years working for the Pennsylvania Department of Environmental Protection (DEP) prior to coming to the clinic. Prof. Junker worked for the DEP for 9 years. Since 2001 he has been a full-time member of the law school teaching faculty, where he teaches courses related to environmental law, international law, law and science, and civil procedure. He also serves as the law school's Director of International Programs. Prof. Nancy Perkins will provide support to the classroom component of the clinic.
