The Committee on Innovation, Management Systems, Trading encourages public-service minded attorneys to participate in the following U.S. EPA partnership programs. These are well-resourced programs whose managers would welcome assistance from attorneys.

1. CARE Program

U.S. EPA, through the Community Action for Renewed Environment (CARE) program, gives grants to community organizations to address local environmental issues.

Generally, the programs focus on toxic pollutants that enter the environment through spills, environmentally insensitive business practices, improperly discarded waste, and the like. The stakeholder groups – in partnership with other local organizations – work collaboratively with small businesses and residents to provide education and advice about environmentally sensitive business practices, and thereby achieve clean-up goals.

In the fall of 2005, EPA announced the first set of CARE Federal grants to 12 community groups around the country. EPA intends to announce, by the fall of 2006, an additional $2.7 million in grants to another set of community groups around the country. EPA intends to continue to expand the CARE program in future years.

The CARE program presents numerous opportunities for public-service minded attorneys to provide legal services, and other services, to the CARE stakeholder groups. Although those groups have different needs, many would benefit from, among other things —

• Legal advice as to what environmental requirements apply to small businesses in the community.
• Legal advice as to any liability concerns for the stakeholder groups when they give advice to small businesses concerning, for example, more environmentally sensitive business practices.
• Assistance by attorneys with mediation skills in working with small businesses and residents.
• Assistance in educating the public and small businesses about local environmental concerns.
• Legal or practical advice about how to structure the working relationships among the stakeholder groups and their partner organizations.

In addition, for communities that do not at present have a funded CARE program, EPA officials encourage public-service minded attorneys to help identify environmental problems; either identify stakeholder groups or facilitate the formation of stakeholder groups; develop plans to address those environmental problems; and take steps to participate in the CARE program.

For more information about the CARE program, please visit this Web site: http://www.epa.gov/care/

Currently, public service opportunities are available for the following community groups around the country. The following is a list of these groups, along with information about contacts in EPA's headquarters and regional offices.

The EPA Headquarters contact for the EPA CARE program is:

Marva E. King
Environmental Protection Agency
The CARE Program
1200 Pennsylvania Ave., NW (6101A)
Washington, DC 20460
Phone: 202-564-2599, Fax: 202-564-8892 king.marva@epa.gov

The community groups and their EPA regional contacts are:

City of New Haven CARE recipient in New Haven, CT EPA Regional Contact Marybeth Smuts Project Officer EPA Region 1 One Congress Street, Ste 1100 Boston, MA 02114
Phone: 617-918-1512
E-mail: smuts.marybeth@epa.gov

DeKalb County Board of Health CARE recipient from Decatur, GA EPA Regional Contact Mary Jo Bragan Region 4 CARE Project Officer
61 Forsyth Street
Atlanta, GA 30303
Phone: 404-562-8323
Email: bragan.maryjo@epa.gov

Grace Hill Settlement House CARE recipient from St. Louis, MO EPA Regional Contact Gwen M. Yoshimura Region 7 CARE Project Officer Air Planning and Development Branch (APDB)
901 North 5th Street
Kansas City, KS 66101
Phone: 913.551.7073
Email: yoshimura.gwen@epa.gov

RCAP Solutions, Inc. CARE recipient from Sullivan County, NH EPA Regional Contact Davina Wysin Region 1 CARE Project Officer
1 Congress Street, Suite 1100
Boston, MA 02114
Phone: 617-918-1020
Email: wysin.davina@epa.gov

Northwest New Mexico Council of Governments CARE recipient from Gallup, NM EPA Regional Contact Donna Cooper Region 6 CARE Project Officer
1445 Ross Ave., Suite 1200
Dallas, TX 75202
Phone: 214-665-2226
Email: cooper.donnal@epa.gov

Center for Environmental Information, Inc. CARE recipient from Rochester, NY EPA Regional Contact Derval Thomas Region 2 CARE Project Officer 290 Broadway, 21st Floor New York, NY 10007-1866
Phone: 212-637-4028
Email: thomas.derval@epa.gov

Oneida County Health Department CARE recipient from Utica, NY EPA Regional Contact Derval Thomas Region 2 CARE Project Officer 290 Broadway, 21st Floor New York, NY 10007-1866
Phone: 212-637-4028
Email: thomas.derval@epa.gov

International District Housing Alliance CARE recipient from Seattle, WA EPA Regional Contact Sally Hanft Region 10 CARE Project Officer 1200 Sixth Avenue Seattle, WA 98101
Phone: 206-553-1207
Email: hanft.sally@epa.gov

The Committees on Environmental Transactions and Brownfields, and Environmental Enforcement and Crimes, have also adopted, as a public service project, encouraging attorneys to participate in CARE.

2. “Adopt Your Watershed” Program

U.S. EPA, through its “Adopt Your Watershed” program, encourages local watershed organizations to protect and restore watersheds valued for swimming, fishing, drinking and other important uses. www.epa.gov/adopt EPA has identified approximately 4,000 local organizations, most of which, while effective in their efforts, have limited staff and resources.

A public-service minded attorney may support these organizations in their collaborative watershed protection and restoration efforts. Specifically, attorneys could assist these organizations in the following ways, among others:

• Obtain and maintain 501(c)(3) non-profit status;
• Provide advice on liability issues;
• Provide advice concerning insurance for projects, volunteers and employees;
• Provide advice concerning contracts, real estate issues, copyrights (trademarks, and logos), bookkeeping, IT, and other issues;
• Build partnerships with industry as well as with other private and nonprofit stakeholders;
• Apply for permits for stream restoration projects;
• Use conservation easements and other types of innovative legal mechanisms to protect wetlands, wellhead protection areas, buffers and riparian corridors;
• Research local ordinances that can used to protect drinking water sources, water quality, wetlands and habitat (examples of model local ordinances are also available on EPA’s Web site at http://www.epa.gov/owow/nps/ordinance/preface.htm);
• Educate watershed organizations about the provisions of the Clean Water Act, Safe Drinking Water Act, Brownfields, RCRA, and other natural resource protection programs and authorities;
• Offer ideas on integration of programs, authorities, and funding opportunities to promote comprehensive watershed planning efforts;

Attorneys could participate in this program by contacting watershed organizations and offering legal assistance. Attorneys may use the on-line database at http://www.epa.gov/adopt/network.html to identify watershed groups active in their community. One easy way to search the database is to type in one’s zip code at http://epa.gov/surf/ (click on Locate your Watershed). After locating one’s watershed, simply scroll down to the link entitled, Citizen-based groups at work in this watershed. (Provided by Adopt your Watershed). EPA’s Water Resource Center can also provide phone assistance at: (202) 566-1729 or at 1-800-832-7828.

U.S. EPA contact: Patty Scott. Tel: (202) 566-1292. Email: scott.patricia@epa.gov

3. Clean School Bus USA Program

U.S. EPA sponsors a voluntary program, Clean School Bus USA, to reduce both children's exposure to diesel exhaust and the amount of air pollution created by diesel school buses. EPA notes that “24 million children ride the school bus every day,” that “[o]n average, students spend an hour and a half each weekday in a school bus,” and that although “[s]chool buses are the safest way for children to get to school.... pollution from diesel vehicles has health implications for everyone, especially children.” http://www.epa.gov/cleanschoolbus/

One component of the Clean School Bus USA program is encouraging policies and practices to eliminate unnecessary public school bus idling. EPA’s Web site provides information, including a sample school bus idling policy that school districts could adopt. http://www.epa.gov/cleanschoolbus/antiidling.htm

Public-service minded attorneys could contact neighboorhood schools or school districts to inquire about, and encourage implementation of, a school bus idling policy.

U.S. EPA contact: Jennifer Keller. Email: Keller.Jennifer@epa.gov; Tel: (202) 343-9541.

4. Indoor Air Quality Tools for Schools Program

U.S. EPA sponsors a voluntary program, the Indoor Air Quality Tools for Schools (IAQ TfS) program, which encourages schools to develop an indoor air quality management program. According to EPA staff, the nation has some 118,000 schools, only about 26,000 of which have some type of indoor air quality management program. Common problems include mold, particulates, chemicals, and many other pollutants from both outdoor and indoor sources.

EPA’s Web site, http://www.epa.gov/iaq/schools, includes information, including a “toolkit” http://www.epa.gov/iaq/schools/toolkit.html. In reviewing this information, a good place to start is the backgrounder piece in tool kit: http://www.epa.gov/iaq/schools/tfs/pdf_files/backgrounder.pdf In addition, the toolkit includes a walkthrough inspection checklist, which offers a convenient way to determine whether any particular school – even one that already has an indoor air quality management program – presents opportunities to improve indoor air quality.

Public-service minded attorneys could contact neighboorhood schools or school districts to inquire about, and encourage implementation of, an appropriate indoor air quality management program.

Contacts may be found at: http://www.epa.gov/iaq/whereyoulive.html

5. Volunteer Water Quality Monitoring Program

U.S. EPA encourages voluntary efforts by individuals and organizations to conduct water quality monitoring. EPA encourages interested individuals and organizations to identify waterbodies that they wish to help assess, and then contact EPA regions, state or local governments, or community-based organizations that protect local waterbodies and that offer training and water quality monitoring equipment or technical information. After receiving training and procuring the appropriate equipment, individuals or organizations may proceed to gather monitoring data for the identified waterbodies.

Here is the EPA Web site for this program: http://www.epa.gov/owow/monitoring/volunteer/ Here is a directory of organizations that protect waterbodies, and that can provide training and technical assistance: http://yosemite.epa.gov/water/volmon.nsf/Home?readform

Public-service minded attorneys could participate in this program in one of many ways, including on an individual basis, in conjunction with the member’s firm or colleagues, or in conjunction with a school.

U.S. EPA contact: Alice Mayio. Tel: (202) 566-1184. Email: mayio.alice@epa.gov

Note that the In-house Counsel Committee, in partnership with the non-profit organization, Earth Force, has developed a community service project that matches middle and high school science classes with private sector sponsors to study and improve water quality in their community. Here is a link to the In-house Counsel Committee’s public service project: http://www.abanet.org/environ/committees/counsel/pubservice.html.

6. “Energy Star” Program for Congregations

U.S. EPA sponsors a voluntary program, Energy Star, which encourages individuals, businesses, and other entities to improve energy efficiency and thereby protect the environment. http://www.energystar.gov/ The Energy Star program provides “a proven energy management strategy that helps in measuring current energy performance, setting goals, tracking savings, and rewarding improvements.” http://www.energystar.gov/index.cfm?c=about.ab_index

Entities that participate in Energy Star receive recognition from EPA as “Energy Star Partners.” http://www.energystar.gov/index.cfm?fuseaction=estar_partner_list.showPartnerSearch
In addition to this public recognition, benefits of participation in Energy Star include energy savings as well as good citizenship benefits relating to energy security and the environment.

Public-service minded attorneys could encourage congregations with which they may be affiliated to participate in Energy Star.

EPA has tailored energy strategies for various categories of businesses and other entities, including the subcategory of service and product providers: congregations. EPA provides, on its Web site, a checklist for energy management, as well as a detailed guideline, a monthly newsletter, and other information

http://www.energystar.gov/index.cfm?c=small_business.sb_congregations

EPA Contact: Jerry Lawson, Email: LawsonJerry@epa.gov, Tel: (202) 343-9314.

7. Best Workplaces for Commuters — a program for law firms

Attorneys inclined towards energy stewardship could encourage their own law firms to enroll in EPA’s Best Workplaces for Commuters program (“Commuters program”). EPA, in conjunction with the U.S. Department of Transportation, sponsors this program, which encourages employers to offer commuter benefits such as free or low-cost mass-transit passes, strong telework programs, carpooling incentives, or vanpool subsidies. http://www.bwc.gov/ To participate in this program, an employer selects from a menu of commuter benefit choices approved by EPA as promoting energy conservation, and thereby creates its own package of benefits to offer its employees. The employer must also agree to achieve a minimum level of employee participation: generally, that at least 14% of employees do not drive alone to work. The Commuters program also provides a mechanism for participating employers to calculate the energy savings and environmental benefits of participating in the program.

Employers who meet these requirements achieve recognition from EPA and DOT as one of the nation’s "Best Workplaces for Commuters". EPA requires that a participating employer file annually a brief report describing its commuter program and certifying that the program continues to meet the 14% employee participation level. To date, some 45 law firms have achieved this recognition. http://www.ergweb.com/projects/ccli/search/search_for_bwc_employer.asp (in drop-down box for “industry,” select “legal” and then click on “search”).

The out-of-pocket costs to an individual law firm for participating in BWC would vary, depending on the package of benefits the firm selects. For example, a law firm whose benefits center around both a telework program and a small mass transit subsidy would have out-of-pocket costs at the lower end of the range. A law firm whose benefits center primarily around a mass transit subsidy at $105 per month per employee (the IRS ceiling for qualification as a tax-free fringe benefit), would of course have higher out-of-pocket costs.

The following illustrates the costs, for a hypothetical law firm with 50 attorneys and a total of 100 employees, of the BWC (Commuters) program, under different scenarios for type of benefit offered and amount of employee participation: 

Costs of Commuter Program for Hypothetical Law Firm  

Firm	Total Attorneys	Total personnel	Primary benefit and associated costs	Secondary benefits and associated costs	Total ann-ual costs
Firm A	50	100	Telework, on any given day, six employees participate: nominal cost	Transit subsidy, eight employees participate: $25 per month per employee Active membership in a local ozone awareness program: nominal cost Employee commuting awards program: nominal cost	$2,400
Firm B	50	100	Transit subsidy, 50 employees participate: $30 per month per employee	Telework, on any given day, one employee participates: nominal cost. Active membership in a local ozone awareness program: nominal cost Employee commuting awards program: nominal cost	$18,000
Firm C	50	100	Transit subsidy, 50 employees participate: $105 per month per employee	Telework, on any given day, one employee participates: nominal cost. Active membership in a local ozone awareness program: nominal cost Employee commuting awards program: nominal cost	$63,000

EPA contact: Robin Snyder, snyder.robin@epa.gov, 202-343-9288.

8. Green Power Partnership – for law firms

Attorneys inclined towards energy stewardship could encourage their own law firms to enroll in EPA’s Green Power Partnership. This program encourages organizations to purchase a minimum amount of green power, that is, power from renewable energy sources. Specifically, a participating firm agrees to purchase a minimum amount of MWh (megawatt hours) of green power products, which are electric power products generated by certain types of new sources of renewable energy. The required minimum amount is calculated by reference to a percentage of the firm’s annual electricity use (calculated in MWh). The program utilizes a sliding scale to ensure that all businesses are subject to similar levels of commitment, regardless of their size. The program further provides for two levels of participation. At the first level of participation, for which a firm is recognized as a “Partner,” a firm with annual electricity use less than or equal to 1,000 MWh would be required to make a purchase of 10% of the firm’s MWh, while a firm with annual electricity use greater than 100,000 MWh would be required to make a purchase of 2% MWh. For a multi-office firm, a single office may become a Partner based solely on its own energy usage. At the second level of participation, for which a Partner is recognized as a member of the “Leadership Club,” the firm must purchase ten times as much green power as is required to qualify as a Partner and in addition, for a multi-office firm, the amount of the purchase must be calculated with reference to the energy usage of all of the offices. For firms that lease space, the annual amount of their MWh of electricity use is calculated by multiplying their square footage of leased space by an EPA-specified standard amount of annual electricity usage per square foot.

For most organizations, the most accessible green power product would be renewable energy certificates (RECs). By purchasing RECs, a firm in effect would pay a source of renewable energy to generate and dispatch into the power grid a specified amount of electricity, which, in turn, would replace the same amount of electricity from non-renewable sources. These payments, while not charitable contributions, could perhaps be considered “stewardship contributions.” Eligible sources of green power include, among others, solar electric, wind, geothermal, certain hydropower, certain biomass, and biodiesel. The Green Power program provides a mechanism to calculate the amount of emissions avoided through the replacement of conventional power with green power.

To maintain recognition as a Partner or as a member of the Leadership Club, the firm must acquire the requisite amount of green power on an annual basis, and provide annual reports to EPA. To date, three law firms are recognized as Green Power Partners. http://www.epa.gov/greenpower/partners/gpp_partners.htm

The out-of-pocket costs to an individual law firm for participating in Green Power would depend on the amount of the firm’s electricity usage and the cost of the green power products. The following table presents some illustrative costs. These costs assume that the firm fulfills its green power purchase requirement by buying RECs. These costs are based on standard assumptions for amount of employees in a law firm, amount of square foot of space per employee, amount of electricity usage per square foot of space, and cost of RECs.

Illustrative Costs to Differently Sized Law Firms to Participate in Green Power Program**

Firm	Total attorneys	Total personnel	Office space (in sq. feet)*	Amount of electricity use per year (MWh) (mega-watt hours)**	Amount of RECs required to qual-ify as a “Partner”***	Annual cost of RECs to qualify as a “Partner”****
Firm X	10	20	4,400	59.4	6	$120
Firm Y	50	100	22,000	297	30	$600
Firm Z	300	600	132,000	1,782	107	$2,140

*Amount of office space is assumed to be 220 square feet per person, according to a commercial office-space finder: http://www.officefinder.com/officespacecalc.html

**Amount of electricity use: These prototype firms are assumed to use electricity only, and not gas, oil, or other form of energy). The amount of electricity use per year is calculated by multiplying square footage of leased space by 0.0135 MWh, which is an EPA-specified standard amount of annual electricity usage, expressed in megawatt hours (MWh) per square foot of office space. http://www.epa.gov/greenpower/pdf/gpp_partnership_reqs_5-06.pdf, at 3-4.

*** To determine the amount of RECs that must be purchased to qualify as a Partner, apply the appropriate percentage to qualify as a Partner to the firm’s annual MWh. Firms A and B have less than 1,001 MWhs, so their percentage is 10%. Firm D has between 1,001 and 10,000 MWhs,, so its percentage is 6%. Each firm is assumed to purchase its green power in RECs, and REC represents one MWh of green power.

**** To determine the cost of purchasing RECs to qualify as a Partner, assume that one REC costs $20. http://www.eere.energy.gov/greenpower/markets/certificates.shtml?page=1

EPA contact: Matt Clouse, clouse.matt@epa.gov, 202-343-9004.

9. Energy Star for law firms

Attorneys inclined towards energy stewardship could encourage their own law-firms to enroll in the EPA Energy Star program for small businesses, which includes law firms.

EPA administers the Energy Star program in conjunction with the Department of Energy. Energy Star is the crown jewel of EPA’s many partnership programs; its logo certifying energy efficiency is recognized, according to EPA staff, by some 60% of the American population, from consumers purchasing appliances, to commercial tenants of office buildings, to home builders. Energy Star is a multi-faceted program, and includes, as one component, encouraging individuals, businesses, and other entities to improve energy management. Energy Star offers different types of organizations different levels of recognition. For example, one Energy Star program encourages building owners with at least two locations to reduce energy consumption by 10%, 20%, or 30%, and offers recognition as an Energy Star Leader for doing so.

In its component most suitable for law firms, Energy Star offers a program under which the firm may submit to EPA a “partnership letter” that commits to an “energy management approach.” Specifically, the firm agrees to, among other things, (i) “[b]aseline, track, and benchmark [the firm’s] energy performance by using [certain calculation] tools such as those offered through Energy Star” or other tools; (ii) “[d]evelop and implement a plan to reduce energy intensity across [the firm’s] facilities and operations by following the energy management strategy provided through Energy Star;” and (iii) “share with EPA [the firm’s] progress and milestone achievements under Energy Star.” Upon submitting this letter, the firm becomes an “Energy Star Partner”, and may use the Energy Star logo. In designing its “energy management strategy provided through Energy Star,” the firm should refer to Energy Star’s detailed, step-by-step guideline that encourages, among other things, the purchase of Energy Star equipment; optimal operation and maintenance of heating, ventilation, and air conditioning equipment; optimal use of office equipment; and building operations and maintenance.

http://www.energystar.gov/ia/business/partnership_letter.doc. EPA refines the guideline for different types of businesses and organizations, and currently has one for “small business” product and service providers, a category that, as defined by EPA, would include law firms. http://www.energystar.gov/index.cfm?c=small_business.sb_index

Currently, the Energy Star program employs a calculation tool that can measure energy savings by owners of buildings who participate in Energy Star, but not by owners or lessees of part of a building.

Because the range of energy management practices that law firms could undertake is wide, it is difficult to estimate the cost to law firms of the Energy Star. EPA encourages the purchase of Energy Star products, and in some cases, those products have a purchase price that is higher than less energy-efficient products. Even so, because the goal is to reduce energy use, it is reasonable to project that in many instances, at least over the long term, a firm would save money by implementing an Energy Star management plan.

EPA contact: Jerry Lawson, Lawson.jerry@epa.gov, 202-343-9314.