Category Archives: Law

My boss is on vacation…

I can’t seem to get motivated to work this week.

The problem with being one’s own boss is having to oversee your own work. When I am not in the mood to accomplish much, it’s very hard to crack the whip at myself and get myself into gear. It’s much easier to pretend I have a million other non-work things to do that are more important.

Dishes, laundry, taking the kids to the park, reorganizing their room, grocery shopping, facebook, blog reading, etc. They can all fit the bill when I am looking for a reason to step away from my desk.

This week has been full of reasons and the days I have cracked the whip have been full of conference calls between fractious opposing parties. It seems I have only gotten a few hours of actual research and writing done in a week when my goal was to finish.

Maybe if I give myself a promotion I will be motivated again…

Hurry up and wait…

Working for the environment has a sense of urgency to it. Last week I wrote a complaint for a species that hasn’t been seen alive in nearly a decade. Most of my species are very close to extinction, have vanished from most of their historic ranges, and are unlikely to recover without immediate and intensive action on the part of the government.

Which is why it can be very frustrating to file a complaint, and then wait sixty days for the government to respond. Then, of course, there is more waiting while we answer the response, motions are filed, etc.

All the while the species is degenerating, losing what little chance it had to be saved. Yet I have to fit my filings into my practice and my life, have to schedule savings these endangered species in between dental appointments and back to school nights.

Sometimes I feel as though I could lock myself in a room and do nothing but file complaints on behalf of vanishing species. Sometimes I wonder if my work has any positive effect, or if it’s too late after all. Most of the time I try to manage the sense of urgency that comes with my work, reminding myself that I have a life too and that this is my job, not my life.

Still, it’s mighty nerve-wracking to wait.

Here is the press release from last month’s case.

Diving down the rabbit hole…

Today I went to work at my favorite community center/coffee house. After the great loss of the laptop yesterday I spent frenzied minutes trying to come up with a quick money making scheme only to realize that working my ass off on the plans already under way is a more likely way to get Lee a laptop sooner, rather than later.

So this morning, infused with a new sense of purpose, off into the land of legal research I went.

One of the things I love about research is the sense of archaelogy I get when I am stuck in the middle of it. I often feel as though I am digging into the vastness of the earth, dusting off bits of information one moldy bit at a time and trying to piece together bits of information into a picture that turns into a cognizant legal claim. Today was a total Indiana Jones day. At one point in time I was buried under my laptop, fifteen tabs open in firefox, shifting back and forth between scientific publications about various types of insects and looking for references to the de-watering of the Ogallala Aquifer. I briefly wondered if my clients would be better served by an entomologist turned lawyer while I tried to understand the classification language I was sorting through.

Finally, glinting out from within the internet dust, there was an article I could use as a starting point to my claim! Success!! I delicately removed it from the pile of detritus surrounding it and emailed it to myself, feeling triumphant and happy that my diligence had been rewarded.

Of course tomorrow I have to look up the articles behind that article, so I will have to break out my virtual dust brush and leather brim hat once again.

We aren’t in Kansas anymore…

One Lawyer and two children drove off to Kansas to camp in Lake Scott State Park and shore up standing in an environmental suit I am filing later in the summer. We packed a tent, a king sized air mattress, a queen sized sleeping bag, a pile of camping food, dishes, camp stove, and other necessary gear.

We forgot the bug spray.

We remembered the hammock and the travel DVD player.

We drove 5 and a half hours, with over 7 stops, through the wilds of eastern Colorado. We stopped at fast food places, and gas stations. We stared in wonder at Kanarado, and signs for the largest prairie dog ever. We ate snacks, and I listened to Shrek, over and over again, and the kids paused and rewound favorite parts to get themselves through almost six hours in the car with nothing to look at but highway and wheat fields.

“Look kids, look at the lovely colors of the native prairie grasses! See all the pinks and purples! The silver sagebrushes and deep greens!”

“Look kids, cows!”

“Look kids! A baby cow!”

“Look kids! Horses!”

“Look kids! I see more cows!”

“Look kids! — “We know mom! Cows.”

Really, there are only so many times you can look at cows before you are bored of them I suppose.

Finally, after way too many hours in the car, and one wrong turn into some poor farmers wheat field courtesy of the GPS, We ended up at Lake Scott State Park. A beautiful, spring fed oasis on the western plains containing more species of grasses, birds, and reptiles than nearly any other place in North America. Oh yeah, and it’s hotter than a frying pan on a camp stove in July.

Once we got to the camp ground, things got a little, more interesting. My mentor and his lady love joined us at the camp site, and we chose a spot that prevented the children from launching themselves into the 100 acre lace without first running around a blockade of bushes, giving us adults a chance to prevent consistent attempts at drowning.

Jay and Nicole assisted in child watching while I set the tent up in the shade of a tree. Otter and Monkey ran around, investigating the surroundings, picking up Canadian goose feathers, and assisting me in finding tent parts.

Otter attempted to drive the car, climbing up in the front seat each time the door was opened.

Once we were all settled in and the tent was set up I unpacked the car and Nicole noticed our bush enclosure was riddled with large clumps of poison ivy.

Crap, so much for letting the kids run free within the enclosure. Camping became a lot more preventative from that point forward, with shouts of “Otter! Don’t touch that please!” resounding throughout the camp. It only got worse once we lit the fire and added potential burning to the list of imminent harm.

It was hot. Blazing hot. Un-fucking-believably hot. We were in a little valley in Kansas, so there seemed to be no wind (until later that night during the wind storm of death) and the sun beat down on us mercilessly. We ended up swimming in the lake far sooner than we expected to, simply to get some relief from the heat.

The kids and I enjoyed swimming a lot, after I convinced Monkey the lake water was not full of Crocodiles and was indeed shallow enough for her. Soon she was paddling around like a duck. Otter stayed glued to my hip the whole time, but was generally pleased  to be cooling down in the water instead of red-faced and miserable out on the sand. Nicole kindly took Monkey out further into the lake, and Jay swam out to the other side to investigate a nested cormorant.

We swam for ages, and then dried off on the ancient playground by the swimming area. The playground reminded me of the many my brother and I enthusiastically visited during our youth while on the way to my grandparents farm in Eastern Colorado. There were creaky swings, and a round-a-bout, and about three million tumbleweeds. Somehow, these rundown playgrounds are always more enticing to me than the fancier gadget filled ones we see all over the city today. Maybe it’s because seeing them meant freedom from restraint and a break from the car when I was younger, or maybe it’s because their memory comes with the sense of hot weather, dry earth, warm wind, and the awareness of a quiet deeper than any you can find in the city. The memory of the sun beating down on my back comes to me from years past, haunting me with the sound of rusty chains attached to tire swings, and the constant squeak of the un-oiled hinges deep inside the round-a-bout, as my brother and I traded off the burden of running along in the well worn path, with the joy of being made sick to our stomachs in its center.

Monkey screamed in glee while Jay pushed the round-a-bout, and Nicole tried valiantly to hold onto Otter so he wouldn’t fly out and break an arm. Sadly, all she got for her consideration was an upset stomach and a screaming Otter.

Once we had satisfied the playing needs of our small charges we headed back into the camp to settle into dinner by camp stove and a night of marshmallow roasting, wine, and mead. While dinner was cooking, Monkey and Jay rescued a Monarch butterfly floating out on the lake, and Monkey held it aloft while Otter yelled “Me! Me!” and tried to get it out of her reach. Jay took over the cooking while Nicole took the kids over to some Queen Anne’s Lace and instructed Monkey in the proper way to safely place the butterfly on the flower so its wings would dry.

Once dinner was eaten and the dishes cleaned up we settled around the fire for marshmallow cooking. After painstakingly picking out sticks and sharpening their points, the kids decided they preferred the marshmallows un-roasted and proceeded to devour them at will. Having filled up on more of those than they did anything else I finally got them into the tent and to sleep. Of course, it took about an hour to do that, and Otter clinging desperately to me because our air mattress hadn’t filled up very well and every time we moved we careened into each other. The poor kid was terrified. However, exhaustion won over terror eventually and the late night hours found Jay, Nicole, and I trading life stories and future environmental plans over a dying fire, a fleet of bugs, and the remainder of the wine.

We dove for cover when the stars disappeared and the winds began to whip into our tents in a rather epic manner. Reminded of the thunderstorms experienced back home of late, I gathered all the remaining belongs at the front of the tent, tucked them inside, and dashed into the tent to ready myself for a horrible rainstorm.

It never came.

Instead, I was jerked awake all night by intense and violent winds whipping at my rain flap. The tent shuddered and shook, and Otter woke randomly, to sit up, bleat like an angry baby dragon, and crash into my lap. Monkey would kick Otter and I throughout the night as the noisy wind woke her enough to make her toss and turn. I woke up again and again prepared to batten down the rain-flaps, left open to cool the tent in the still oppressive heat, only to discover each time that there was still no rain, only wind. Finally, around five in the morning, it cooled enough to close the flaps and the wind died enough to calm the babies. We slept.

We awoke bundled in a heap, roasting like bacon, and blinking blearily at each other. We scrambled out of our jammies, tossed on clothes, changed diapers, and began the morning routine. For me, that included breaking down a tent that would not continue to stay put in the wind without us in it.

Then, breakfasted and packed up, we wandered off in search of beetle habitat, the purpose of the trip in the first place. We drove to the spring wherein our endangered species was supposed to lie, and, avoiding the poison ivy lacing the trial, hiked along its habitat enjoying the view and the morning.

First we came upon the bridge under which the beetle lives, and snapped photos of it (the bridge, not the beetle) We didn’t walk along it, as we did not wish to imperil either the beetle, or ourselves, by carelessly wandering through the rocky, and aged, habitat.

The Riffle Beetle Habitat

The Riffle Beetle Habitat

We hiked above the bridge on the neighboring nature trail, which was cool and lovely, though quite overgrown with spiny nettle and poison ivy. Monkey was wearing pants, but Otter had to hitch a ride on Jay’s shoulders, as his fat baby legs and arms were exposed to the plethora of poisonous plants growing in abundance around us.

The spring fed pond from the nature trail above the bridge.

The spring fed pond from the nature trail above the bridge.

Poison Ivy grows over the hiking trail.

Poison Ivy grows over the hiking trail.

At the end of the hike, we looked around the pond and Monkey inspected some rocks. The habitat, at the other end of the spring, was in no danger from her scientific inquiry here, so Jay and Nicole helped her apply her magnifying glass to a few slimy rocks and river bed critters.
Otter, less interested in viewing slimy insects and more interested in being down and free, watched the inquiry from a few feet away, occasionally investigating the butterflies alighting about.

Jay, Nicole, and Monkey search for critters

Jay, Nicole, and Monkey search for critters

Otter watches the science team from afar.

Otter watches the science team from afar.

One of Otter's butterflies

One of Otter

The Oasis

The Oasis

After our habitat adventure was completed, we drove back to the lake for another swim, and then ended our camping adventure with peanut butter and honey sandwiches and fresh water. Then, we took the long drive back into Denver, this time with me listening to Aladdin the whole way home.

Oddly, despite the bone weary exhaustion that struck me upon returning, the tick that attached itself to my right hip somewhere between the last swim and home, and the constant vigilance required by camping with small children, I would actually do this again.

Jaguarundi lawsuit goes live, June 17th…

On behalf of my client, WildEarth Guardians, who has graciously granted permission to discuss the details of the case in the press and blogosphere, I filed suit against Secretary of the Interior Ken Salazar on June 17th for failure to prepare and implement a recovery plan for two sub-species of Jaguarundi.

As we chose to file in Texas, I filed pro hac vice, through local counsel Pete Thompson of Thompson Marsh. Filing Pro Hac basically means Pete kindly agreed to let me file under his license and reputation with the Texas bar, as I am not licensed in that jurisdiction.

To summarize our claim a little; the Endangered Species Act requires the Secretary of the Interior develop and implement recovery plans for endangered and threatened species as ultimate purpose of the Act is to recover species to the point that the protections of the Act are no longer necessary. Well, these two sub-species of Jaguarundi were listed as endangered one year before Star Wars, A New Hope hit the big screen, and the Secretary still doesn’t have a recovery plan in place to help insure these species survival. We are arguing that this is undue delay and are asking the court order the Secretary prepare and implement such a plan posthaste.

There is a lot more legalese in the complaint, which you can read in the press release linked to above or again here. (You really don’t have to read it though. I won’t be hurt if you choose not to. I promise.)

Wish us luck!!

ESA Recovery Plan World Cloud

* ESA Recovery Plan word cloud created using Wordle

Cats, Mussels, Insects, and the air you breathe….

Environmental law is a strange legal creature. I like to imagine it looks a little like a hybrid car would ten to fifteen years in the future, still in pretty good shape, but with some parts held together with duct tape here and there. Our environmental laws require businesses to clean up the toxic messes they made in the past, even though it used to be legal to make them, prevent business and government from making them in the future,  protect and recover species from extinction, try to prevent or at least unravel the mess that is environmental racism and inequity in this country, lower the particulate matter in our air and clear the toxins from our water, to name a few.

The hodge podge series of laws that make up our nation’s envrionmental legal arena often seem hobbled together, in part because they were. Many of the laws were written in haste and enacted in response to seeming environmental disasters during the Nixon administration. They often refer to each other, instead of being whole laws unto themselves, requiring those who practice environmental law to flip between statutes to get the exact meaning of certain terms and conditions.

But they are, I believe anyway, fun.

Which is why my summer will be spent fighting on behalf of some cats, some mussels, some beetles, and the air we breathe. Sound like a party to you?

The guest list is a distinguised one, as the U.S. Secretary of the Interior Ken Salazar will be invited to dance with me at each and every one of my shindigs, well, everyone but the Clean Air Act case, I think that one gets to go to someone else. I will find out soon.

My first case goes live on the 18th. Once the press release goes live, I will copy it here so you all can read up on it.

An Epileptic Lawyer walks into a courtroom…

I went to court today for a hearing and nothing unusual happened during the hearing!!

I didn’t have a seizure, my face didn’t twitch or flutter, I didn’t have trouble focusing or staying awake, and I wasn’t unfocused or forgetting half the words in the English language!!

Of course, the second it was over my blood sugar crashed, my right thumb started to spasm and my face began it’s wierd little muscle dance but during the stressful and emotionally charged hearing itself I held it together!! Thank god!! I was so afraid I was going to go into court and have a moment where my face twitched just visibly enough that the Judge thought I was laughing at her.

“Counselor. Do you find something amusing?”asks the woman in the flowing black robes as she holds my clients future in her hands.

“No your Honor, I apologize, I’m Epileptic and my medication causes odd and unfortunately timed facial twitching. I swear I am not laughing at you.”

I could barely sleep last night as images of this and other side effect related issues flooded my imagination. I was so stressed out this morning on my way in. I so rarely appear in court these days anyway, as most of my practice is settlement, that appearing in court under these circumstances just seemed really unduly stressful.

Not only did I not fall apart and seize uncontrollably in reaction to the added stress, I kicked ass in the hearing too.

Today is a good day.

Mixing cardstock and the practice of law…

I never thought my addiction to scrapbooking would be a useful problem solving tool in my law practice but today, it was.

Tomorrow I have clients arriving to formally execute my first Last Will and Testament. After agonizing over the legality of it all and insuring that nothing is getting past their wishes, I sat at my desk staring at the neatly typed language and feeling sad that word processing has taken the fanfare out of trusts and estates. I remembered my T&E professor gently reminding us that our clients would likely only ever commission one will, and that we should make a big deal out of it, take our time with the formal execution, and go through a little drama with the finalization of the document.

Now, larger firms can afford to send their wills out for fancy binding, but I charge my clients about a fourth of market cost for a will, so I really, really can’t.

Which is why I suddenly found myself in the scrapbooking aisle of Hobby Lobby eyeballing a lovely grey linen cardstock and a watermark stamp pad. Hmmm….

It turns out the fancy binding the larger law firms pay for can be mimicked by some heavy high quality card stock, a little bit of glue, and some time. Add to that a custom watermark on each page and suddenly my clients are getting the custom touch the ABC’s firms give them, for about two thousand dollars less. Who knew my scrapbooking addiction would be such a help to me in my new venture?

I am sure, like all my scrapbooking experiences, this particular project will only evolve with time. I am already imagining having my logo made into a custom stamp and watermarking all my legal documents with the office logo. But really, for the first will ever, I have just produced a formally bound, professional document, with a little bit of flair.

It looks nothing like a term paper, it looks nothing like a word document. It’s printed on 24 pound linen paper, and bound with thick linen cardstock. I even designed a case for it, so they can tuck it safely away in their safe deposit box.

Best of all, I got to use glue and paper cutters in the practice of law. My creative side is beaming with joy.

Swearing in the nation’s capitol…

This Friday I will be in D.C. to take the oath of admission in the D.C. bar.

This important step means I will now be able to accept as many environmental cases as I wish, no longer being limited to 5 every 2 years by the Pro Hac Vice rule (A rule allowing an attorney licensed in another State to sue under the license of an attorney licensed in the forum State.) I am very excited about this, though trepidtious about leaving Otter and Monkey for so long. (I will be gone 5 days).

“It’s always darkest” or “In the clutches of a panic attack”…

Johnny, You can do it…. says Jaime Escalante to his students at Garfield High. I hear him repeating his favorite phrase in my ear each time I try to build this thing I intend to call a practice. Practice is a good word for it, I feel as though I am in rehearsal for my professional life, instead of in it. It would feel different if I wasn’t making it up as I went along, but instead was being told what to do. Damn it, I should have just gotten a job.

This is so incredibly hard, and there is no guarantee at all that all this hard work will result in money. (Though really, I would love to have some money, it’s nice to be able to buy things, pay bills, visit family from time to time.)

I have had great success in the long term, high risk/high reward side of my business. My one environmental client will give me as much work as I can handle and then some. Of course, I only get paid for that work as part of the damages portion of a settlement or winning lawsuit, so I can’t count on that money to pay my monthly bills for at least another year. (Try telling that to your creditors, “just one more year guys and I will be all set!”)

So, to balance out my business and pay those bills I have been building a “bread and butter” side to the practice. To begin with it was children’s advocacy. I have been working with the Office of the Child’s representative (OCR) for over six months now to get added to the contract for state pay cases. This would insure a modest, but consistent income I could use to pay those pesky monthly’s while I build my environmental empire. (Yes, I am queen of the nigh extinct creatures, the polluted waters, and the wasted resources.) Things were going along great until the OCR met with a huge budget crisis in the new economy and stopped hiring new attorneys. Including me.

So… no bread and butter there.

Then I thought I could get a job working with the various legal temp agencies doing document review. It pays even less than the kids work, but it’s still good money. So down I went to interview with two very nice women who are very interested in getting me work. Unfortunately, all the clients they have who are okay with me representing my own clients in my off hours require me to work Monday through Friday, 40 hours a week. The clients they have that will work with my schedule and let me work 30 hours on a M, W, F, schedule require me to take no additional clients.

So… no bread and butter there.

I sometimes panic, thinking I was a fool to believe I could work in the law, raise my children, and earn some money. It would seem the odds are stacked against me making one out of three of those things work. Either I can take everything on speculation and have no guaranteed income (a situation my creditors dislike heartily), or I can work for pay but only full time, or I can raise my kids and work at Taco Bell (Starbucks is likely way too popular for me to even try in this economy, I am sure there are hundreds of CEO’s trying to land jobs as Barista’s.)

I have reached out to a mentor of mine for advice and help, and he is noodling on the problem, so I am hopeful. However, I could use a little you can do it these days, there are so many indications that maybe I can’t. This business is the riskiest thing I have ever done. I would like to believe it is going to take off and get me flying, but there is a inside me saying I will land, Splat, flat on my face.