Re: [Paddlewise] Environmental frustration

From: Sailboat Restorations, Inc. <sailboatrestorations_at_worldnet.att.net>
Date: Thu, 11 May 2000 09:00:12 -0700
Wes,

I rarely publicly admit that I'm a lawyer, but alas, I am.  For years, I
have been wondering about the use of various common law causes of action in
environmental cases.  I'm not an environmental lawyer, just a regular
corporate lawyer.  And I wouldn't be surprised if the environmental groups
(like NRDC) have already explored this.  (I do know that groups like NRDC
have established their standing under federal environmental laws to
challenge private conduct.)  But I would bet if you filed a private lawsuit
alleging "public nuisance" (a private cause of action in all states, I
believe), there wouldn't be anyone smart enough to figure out whether it
should or shouldn't be allowed to proceed.  That usually means you win, at
least on the first round.  I'd be happy to offer some informal advice or
suggestions.  I'm not admitted in Michigan (just in NY, and in lots of
federal districts around the US), so I can't "officially" give legal advice
under Michigan law, but I'm just as fed up with it as you are.  My home
state of North Carolina has the same "pro farmer" problem.  And my adopted
state of Maine has a similar range of problems, with the strong support of
lobstermen and fishermen (whom I respect greatly, but not all of whom are
sufficient aware of environmental problems) sometimes overshadowing other,
more important issues.  Drop me a note if you want to talk about it.

Mark Lane

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Received on Thu May 11 2000 - 05:58:07 PDT

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