2010-2050: The Next Generation of Environmental Law/Lawyers

This past April, the US and world celebrated the 40th Anniversary of Earth Day. 

For many veterans in the environmental movement the day marked a historic milestone. Those who experienced the event while in law school, many of whom have retired or will retire in the next few years, have spent the past four decades working tirelessly to pass, block, amend, interpret, enforce, and advise on a slate of landmark environmental statutes. 

But back in 1970. these young advocates were at the forefront of a new era of environmental protection. The National Environmental Protection Act was enacted less than five months prior. The Clean Air Act extension of 1970 followed shortly thereafter. From 1970-1990, the US Congress would pass no less than fifteen laws governing everything from clean water to indoor environmental quality, noise to endangered species, clean water to the identification, prevention, and clean-up of toxic and hazardous waste in industrial processes that still dominate todays environmental law textbooks.

For the graduating law school class of 1970, as they made their way into the profession at law firms, in government offices and the halls of congress, and with various public interest organizations, these laws formed the nucleus of their careers.

For those who feel that the environmental movement of the 1970's - and the laws, regulations, and case law it depended upon - has failed today's generation, it is important to look at these laws and this movement in the context of a fast-changing world. In 1970, the US population stood at 203 million and world population at 3.7 Billion. Since that time, the US has added more than 100 million people and the world more than 3 billion. In this light, environmental efforts can be seen as efforts to save an increasingly leaky ship with a small bucket. And the road ahead is no easier. Population projections have the US around 420 million people by 2050 and the world somewhere around 9 billion.

In this context, today's law students have their work cut out for them. According to leading scientists, they must come together to find a way to provide shelter, heating, cooling, food, health care, and transportation not just for today's lives but those that will come into being over the next four decades - all with new processes that emit 80% fewer greenhouse gases - a Herculean task in a world powered by fossil fuels.

With the limited tools available to the enviromentalists of the 1970's, I feel confident in saying that this task would be impossible. But for today's generation - who have access to the best minds in the world, open source data, virtual maps, and, most importantly, one another, with a small tap of their index finger - much more is possible. And necessary.

And just as the young leaders of 1970 rode a wave of new legislation, regulation, and case law into the modern era, today's students sit in a similar position. In 2009, for the first time ever, legislation directed at limiting carbon dioxide emissions passed a body of Congress in the US. Although no bill has yet made it through the US Senate, it is hard to imagine that the next several years will not see legislation enacted to limit carbon and other harmful greenhouse gas emissions in an attempt to stave off dangerous climate change. Today's law students, then, will spend the bulk of their careers using law to revolutionize transportation, electricity production, agriculture, construction, and urban planning in this country and beyond. As this historic transition takes place, it will be important for today's student to take lessons from the movers and shakers of the past 40 years both to replicate their successes and to avoid their mistakes.

In recognition of this fact, the theme here at NAELS for 2010-2011 will be supporting The Next Generation of Environmental Law (and Lawyers). From indivdual actions to international treaties, NAELS will work to connect today's law students to professionals in the field who have spent their careers working at the individual, home, neighborhood, city, state, national, and international levels to create sustainable, healthy, clean, liveable communities in the midst of a fast-growing world.

Whether you are a student or professional in the legal field, NAELS wants you to get involved.

In 2050, many of you will be close to retirement and will look back on your law school careers, and the four subsequent decades, much as folks like Denis Hayes, Bill Cinton, Gus Speth, and Durwood Zaelke look at their careers today. Your collective work will play a central role in determining what type of world your children and the next generation of law students inherit. Please don't hesitate to let us know what we can do to help.