Despite Oil Spill, Louisiana Seeks Ban on Enviro Law Mavericks

In theory, the massive oil spill off the Gulf Coast would inspire Louisiana lawmakers to get more serious about environmental regulation. In reality, the state's legislature is taking steps to withhold state funding from Tulane University's environmental law clinic unless it provides the state with currently confidential client information.

Proponents of law clinics say it gives law students real-world experience and empowers the "little guy" to take on giant corporations. Critics say that it's jam-packed with bleeding heart liberals who just want to stick it to "the man." And according to the bill's sponsor, state Sen. Robert Adley, that's not something the taxpayers should be a part of. "The intent is fairly simple," says Adley. "Philosophically, I'm opposed to taking taxpayer money and turning around to suing taxpayers. If you're going to take money from the taxpayers and the government, you out not to be able to sue the taxpayers and the government."

Faulty logic aside, Adley and his supporters are ignoring the achievements of Tulane's environmental law clinic. Last year, for example, it contributed to a major settlement from an oil and gas management company accused of causing a mercury leak. Before that, the clinic helped prevent a power plant's conversion to a petroleum burning facility. This isn't a clinic that's just blowing off steam. It's achieving tangible and important results for the environment.

The challenge to Tulane's environmental clinic is consistent with others being targeted across the country. The University of Maryland's environmental law clinic, for example, challenged the environmental record of one of the state's largest employers: Perdue Poultry. Echoing Adley's worries, Maryland Republican Michael Smigiel painted environmental protection as a pesky left-wing issue. "I'm pretty sure that there are a lot of taxpayers who would be uncomfortable funding the legal clinic if it was solely interested in just promoting the death penalty or pro-life issues," he said.

In a letter to Tulane law Dean Stephen M. Griffin, leaders of the Society of American Law Teachers said the legislation could make law clinics less likely to pursue egregious environmental infringements against major polluters. "Legislative oversight of lawyer activities is an unacceptable government intrusion into the necessary and confidential lawyer-client relationship and an expansion of government regulation of the rights of private citizens," they wrote.

We've written here about the incomplete and inadequate response to this month's oil spills. They clearly indicate that, like nuclear energy, offshore drilling is not worth the risk of environmental catastrophe. But while the government continues refusing to withdraw support for offshore drilling, state governments are also being swept up by a movement to limit environmental litigation that could hold people accountable. This time, let's hope Louisiana doesn't choose to protect future spills.

Photo credit: USCGD8