Summary:  The Environmental and Natural Resources Law Clinic is constantly involved in cases that benefit our environment locally and beyond. Rachel Stewart was a student clinician on the Jay Peak Stormwater team and worked to protect polluted rivers around Jay Peak Resort. The work of student clinicians and the staff at the ENRLC resulted in a beneficial ruling, which should improve the surrounding rivers. She shares this amazing learning experience that benefits students and our environment.

__________________________________________

By Rachel Stewart

Jay Peak, nestled in the picturesque Green Mountains of Vermont, is a well known and frequented ski resort by many Vermonters and out-of-state visitors alike. Before joining the Environmental and Natural Resources Law Clinic (ENRLC) at Vermont Law School, I knew next to nothing about this resort. That quickly changed and Jay Peak became the hot topic of my summer.

When students join the ENRLC, they select the cases they are most interested in working with. The “Jay Peak” issue was a fledgling case, dealing with possible stormwater pollution of streams near the resort. When describing the Jay Peak case to students, Laura Murphy and Doug Ruley explained that the case would take up a smaller percentage of our time because it was not yet fully active or in any phase of litigation at that point.

I chose the Jay Peak case because I recognized that this case would help teach me more about the Clean Water Act (CWA), and how stormwater runoff plays into the CWA regulations. I saw this as a chance to take on a large company and do something positive for the environment. Additionally, Jay Peak Resort needed to hold proper National Pollution Discharge Elimination System (NPDES) permits, which would allow for some level of pollution into the local streams and rivers. These permits are complex and require thorough investigation to completely understand what they entail. Real world experience with these permits was a huge driver for me to sign up for this case.

Initially, the ENRLC was not exactly sure what our involvement level on this case would be. The team, led by Rachel Stevens, had a short time window in which to file the potential suit against Jay Peak Resort. After hastened discussions with the Vermont Natural Resources Council (VNRC), the ENRLC decided to dive into the Jay Peak case head on and file paperwork with the Vermont Environmental Court.

The initially small case became a whirlwind of research, team meetings, and conference calls with the VNRC staff. There was a real case to be made, and through our research, students learned about the Jay Pek permits, the CWA, and how to file cases with the Environmental Court. Before too long, the ENRLC team had a phone meeting with the judge assigned to our case, and students were able to listen in on the conversation between Jay Peak, VNRC, and ENRLC staff and lawyers. This unique real world experience gave students a chance to see environmental litigation in action, and bring what we had learned in the classroom to a real case.

Towards the end of the summer, and after thorough preparation, Rachel Stevens brought the student clinicians to the first group mediation session, as required by the Environmental Court. The mediation session included lawyers and staff from Jay Peak, ENRLC, and VNRC. After some power poses, which Doug swears by, Rachel showed what a strong and well prepared lawyer could do. The extensive planning and research dedicated to the project showed, and the students knew, that the work they did was key to the success of the mediation.

The student clinicians were privy to a truly unique experience that summer. We all gained invaluable insight on how a case begins, how it progresses over time, and what is necessary to gain a successful outcome. The entire process contained plentiful learning opportunities, unexpected turns, and a bit of lawyerly drama. This small case became one of the larger projects for the ENRLC, perhaps to the surprise of those who were initially assigned to it. Happily, this story ends on a positive note. A settlement agreement required Jay Peak to clean up the polluted streams and adhere to NPDES permits fully. The streams around the resort must meet standards prior to further expansion. This amazing outcome will hopefully gain the attention of other resorts in Vermont, and alter the way permits are issued in the future. Perhaps now permits will not be so willingly given out to large resorts that are not attaining proper water quality. This exciting outcome would not have been possible without an amazing team, and I feel extremely lucky to have been a part of the process.

Rachel Stewart is a J.D. candidate for the class of 2016. Over the summer of 2014, she had the opportunity to work with Rachel Stevens and the ENRLC staff on the Jay Peak Stormwater case. She chose to enroll in the ENRLC for the summer after her first year as a way to gain a realistic view of environmental litigation. This proved to be an excellent choice, and has aided in her second year courses tremendously. She is now working for a judge in Arizona, and the writing and researching skills gained in the Clinic have been tremendously beneficial. Gaining this real world experience in her chosen field of law was one of the best decisions she could have made, and she is glad she followed the advice of fellow students and joined the ENRLC.

The post Ski Resort Rivers find a Friend at the ENRLC appeared first on Vermont Journal of Environmental Law.