Pro Bono Legal Assistance for Communities Pilot – a Second Generation Approach to Environmental Protection

Brenda Hustis Gotanda

What experiences have you had with Second Generation approaches to environmental protection efforts? If you’ve had little or no prior experience, would you like to gain first-hand experience implementing a Second Generation approach and become one of those select few attorneys with this cutting-edge expertise? If your experience is substantial, would you like to demonstrate your expertise and continue to build your reputation as a leader in this area? If either option sounds appealing, our committee has a terrific opportunity for you! It’s called the Pro Bono Legal Assistance for Communities (PBLAC) Pilot and it will afford you the opportunity to demonstrate your skills and gain practical experience with a significant new approach to environmental protection.

What is the PBLAC Pilot?

The purpose of the PBLAC Pilot is to provide legal support to communities undertaking second generation community-based environmental protection (CBEP) efforts. The Pilot attempts to match the legal assistance needs of those communities with volunteer attorneys from the ABA Section of Environment, Energy, and Resources (the “Section”) who will provide pro bono legal support for specifically defined tasks or projects. The volunteer attorneys gain first-hand experience in these cutting-edge environmental approaches, while also providing a critical service to communities.

CBEP is considered a “Second Generation” approach to environmental protection as it moves beyond the traditional media-specific, command and control focus (i.e., First Generation approaches) and explores the use of more integrated systems that may provide better and more cost-effective environmental protection. The Special Committee on Second Generation Issues developed the PBLAC Pilot project in cooperation with U.S. EPA’s CBEP coordinators and other Section committees, including the Coordinating Group on Alternative Dispute Resolution and the Native American Resources Committee.

What is a CBEP Approach?

CBEP is a place-based approach to environmental protection, which takes into account the interrelationships within an entire ecosystem. It attempts to move beyond the more traditional, narrow focus on a particular media or problem and, instead, broadens the environmental considerations so as to recognize and address all interrelated resource issues in an ecosystem, including the place of humans in the system. As such, it allows stakeholders to forge a comprehensive long-term plan to address the needs of the community and the environment. Such an approach typically involves a great number of stakeholders and often requires collaboration between diverse public and private participants. EPA supports and encourages CBEP efforts throughout the country and has CBEP coordinators in each of its regions to provide assistance, support, and leadership, as needed, to the communities. Additional information regarding CBEP may be found on EPA’s Web site at www.epa.gov/ecocommunity.

What Types of Legal Services are Offered? How Do I Get Involved?

The types of assistance needed under the PBLAC may include: analysis, counseling, policy development, drafting of sustainable development tools (i.e., conservation easements or plans, local ordinances, environmental or resource management plans), facilitation, mediation, alternative dispute resolution and other non-litigation types of support. Communities interested in participating in PBLAC will complete an application specifically describing their CBEP project, the type of legal assistance needed, and the expected time commitment involved for the attorney.

Attorneys interested in volunteering for the PBLAC Pilot will receive periodic announcements of volunteer opportunities as PBLAC applications for assistance are received. The complete community application forms will be circulated electronically to the volunteer group to review. If a volunteer is interested and able to provide the requested assistance to any of the applicants, they will contact the PBLAC coordinator to advise of their intent to accept the pro bono representation and then proceed to contact the applicant. Upon acceptance of the matter, the volunteer will work directly with the pro bono client to establish the terms of their attorney-client relationship and scope of services. After the conclusion of these matters, we hope to publicize the success stories and educate the Section further on the Second Generation approaches implemented through the PBLAC Pilots.

If you are interested in participating as a volunteer attorney, please contact the PBLAC Coordinator, Brenda Hustis Gotanda, vice-chair of the Special Committee on Second Generation Issues, at bgotanda@mgkflaw.com or 484/430-5700.

Brenda Hustis Gotanda is a partner in the environmental law firm of Manko, Gold, Katcher & Fox, LLP