October 2006

ARTICLES  
     

  2006 Minority Fellowships in Environmental Land Use Law
  Latasha Marshall-Scott

      

About the Fellowship:

The American Bar Association (ABA) Section of Environment, Energy, and Resources partnered with the Florida Bar Association to announce the sponsorship of a Fellowship for eligible minority law students during the summer of 2006. The ABA Minority Fellowships in Environmental Law program is designed to encourage minority law students who want to study and pursue careers in environmental law. The program is open to first and second year law students and third year night students.

Environmental justice is coordinated with not-for-profit organizations that represent traditionally underserved groups, other not-for-profit environmental organizations, and local, state and federal governmental organizations that provide placements for the minority law student summer fellows.

The Fellowship guidelines require an at least an 8-10 week commitment wherein the recipient will work on legal matters for a government agency or public interest organization in the fields of environmental, energy or resources law. Additionally, each recipient will participate in meetings of the bar association’s relevant committees and be assigned a mentor to aid in his or her pursuit of a career in environmental law.

Each successful recipient received a $5,000 stipend in exchange for participation in the Fellowship program. It is important to note that the Fellowship is open to minority group members who are African-American, Latino, Native American, Alaskan Native, Asian or Pacific Islander.

In 2005, two persons from Florida A & M University College of Law were recipients of the Fellowship. Latasha Marshall-Scott, a law student at the University of Florida, was the recipient of the ELUL fellowship for the state of Florida in 2006.

 

Latasha Marshall-Scott: 2006 ELUL Minority Fellowship Recipient

I am a second year law student at the University of Florida’s Levin College of Law. I graduated with honors from the University of Notre Dame in 2001 with a B.A. in English Literature and Computer Applications. In 2004, I earned a Master’s Degree in English literature from the University of Notre Dame. I grew up in Bradenton, Florida and intend on practicing law in Florida.

This past summer, I worked at the Hillsborough County Environmental Protection Commission in Tampa, Florida. The EPC Legal Department functions as counsel for the Commission, the Executive Director, and staff in all aspects of agency activities. Generally, the Legal Department interprets, implements, and enforces local, state, and federal environmental regulations, assists staff in developing programs to prevent environmental problems from occurring and in the negotiation of resolutions when problems do occur. The department also assists in permit reviews, the development and adoption of local regulations, provides administrative support to the Citizens Environmental Advisory Committee, drafts and reviews contracts, and attends meetings as requested by staff or the Commission.

I had the pleasure of working with the Legal Department under Richard Tschantz, Esq., Ricardo Muratti, Esq. and T. Andrew Zodrow, Esq. In addition to routine legal assignments, I participated in a number of field trips to wetlands, sink holes, the City of Tampa dam, Sulfur Springs, and Hillsborough River to discuss water law issues. I also completed the following tasks at the EPC:

Meetings
• Attended CEAC (Citizens Environmental Advisory Committee) meetings (budget approvals from PRF- Pollution Recovery Fund)
• Attended Conflict of Interest Legal workshop
• Attended Wetland Mitigation meetings between the Respondent, Wetland Staff, and EPC attorneys
• Attended license renewal meetings
• Participated in Penalty Negotiation meetings
• Attended Legal Refresher workshop on Privacy rights and EPC’s investigatory exercises in the field

Research
• Completed research on Service of Process on an agency
• Conducted research on performance bonds
• Conducted research and prepared memorandum for Executive Director Dr. Richard Garrity on International Environmental law and Federal Free Trade Agreements
• Researched Florida Administrative Law ?120.536 – constraining agency power and the precedent of agency deference
• Briefed attorney and prepared memorandum on rules of removal for a civil procedure research project.
• Conducted research to update EPC Standard Operating Procedure for hire (American Disability Act and “Reasonable Accommodations”) for senior staff

Writing
• Identified and briefed attorneys on all issues and findings of law when writing memorandums
• Drafted a Tolling Agreement between EPC and a Respondent
• Researched and wrote memorandum on special service charge and attorney fee pursuant to Florida Statutes, Drafted EPC Standing Operating Process (policy) on Service of Process
• Drafted a complaint for air violations regarding asbestos, hydro chlorine emissions, etc
• Drafted a complaint lawsuits for waste violations regarding landfill gases and storage tanks
• Drafted a complaint for failure to comply with an agency final order
• Drafted complaints for water quality violations regarding phosphate spills, etc.
• Proofread Consent Orders issued by the EPC
• Drafted a Wetland Performance Bond template
• Wrote Request for Authority Agenda Item Coversheet requesting BOCC EPC Chair’s approval to sue respondent for –Air Violations
• Researched all relevant governing bodies of Florida law, statutes, and rules: e.g. Florida Constitution, Florida Statutes, Florida Administrative Code, Rules of the EPC, EPC Enabling Act, Florida and Federal rules of Civil Procedure
• Proofread and provided feedback on the Order of Delegation Agreement between Department of Environmental Protection (DEP) and EPC on regulating Mangroves

Discovery
• Began process of Discovery with EPC attorney for emission of Landfill Gases (methane)

My experience at the EPC was rewarding and exciting. I especially enjoyed the boat trip to Bahia Beach in EPC’s investigatory capacity.

I wish to thank the American Bar Association for making this experience possible. Diversity is an important component of learning and working together. A diverse talent base provides a range of experience, approach, and judgment necessary to achieve the best results for clients and creates the most collegial and interesting workplace environment. Special Thanks to Ricardo Muratti who served as my mentor, Andy Zodrow, Rick Tschantz and Jeannette Figari who guided my career and professional growth within the field of Environmental law. All of the attorneys worked together to ensure that I was exposed to a variety of issues involving Environmental and Land Use Law. I also wish to thank Executive Director of the Hillsborough County EPC, Dr. Rick Garrity for the opportunity to work with the Commission. I extend a heartfelt thanks to Professor Allyson Flournoy of UF, who encouraged me to apply for the Fellowship. Finally, an appreciative thanks to Michelle Diffenderfer, Esq. of Lewis, Longman & Walker, P.A. for facilitating the Florida Bar’s participation in the ELUL Minority Fellowship. Thank you to everyone who contributed in making this Fellowship possible.


 

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