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Clinic’s success could hurt funding
By John Higgins
Emerald Contributor
Students and professors tn
the Unlvorslty law school's on
vlronmontal law clinic have
won severol cases dealing with
pollution, land use and other
environmental Issues since tho
clinic opened shop 17 voars
ago. However, every case has a
loser as well.
l-'or example. In 1<tR4 the
clinic succeeded In gelling the
Bureau of Land Management
and tho U S Lores! Service to
stop spraying aerial herbicides
on tho Oregon lands because
they submitted on illegal envi
ronmental impact statement.
Last March, tho clinic battled
Oregon Pulp mills to limit the
amount of certain chemicals
the mills released into rivers
The mills lost and the State En
vironmental Quality Commis
sion became the first state agen
cy in the country to set such
limits
I his sprint;, me clinic asKeci
a district in an ongoing
case to ban logging on BLM
lands until the BLM compile*
witli the National Environmen
tal Policy Act.
in these and similar cases,
the! clinic has conspicuously
opposed industry and has made
enemies among conservatives
in the Oregon Stale Legislature.
As Measure 5 squeezes out an
other round of cuts, the clinic's
reputation makes it and the law
school vulnerable to political
attacks.
The clinic may also be vul
nerable to cuts from within the
school. Law school Doan Dave
Frohnmavor singled out the
clinic us the most expensive
clinic by far within the school,
drawing criticism from stu
dents about his cm leu la (ions.
Opponents of the law school
usually cite economic reasons
to close it. They argue that the
state already has two law
schools (Willamette University
and Lewis und (dark College,
both private schools) and
doesn't need to bankroll anoth
er.
However, unolher agenda
emerges in the details.
'iTiough the ostensible reason
state Senator Mae Yih, K-Allca
ny. and Rep Rod )ohnson, R
Roseburg. co-sponsored a bill
Iasi year to close the law school
was to save money, the politi
cal hostility toward the clinic
was obvious.
Yih said a budget note at
tached to the bill asked that the
clinic adopt a mores balanced
viewpoint regarding Iho cases il
accepted. The noto was re
moved for procedural reasons
and the hill died in committee
without a hearing
When the House considered
u Senate appropriations hill for
higher education last June.
Johnson attached a budget note
to the bill and made a floor
speech criticizing the clinic
Four members of the House
joined Johnson in his futile at
tempt to kill the bill.
Those who voted against the
appropriations bill represented
limber communities like Med
ford, Kiddie, Lebanon and
Kosnhurg. Their constituents
complained the clinic only rep
resents environmentalists and
doesn't act in the state’s best in
terest,
Merrilee Peay, coordinator
for the Yellow Ribbon Coali
tion, said her group is opposed
to "about 90 percent" of what
the clinic does.
The Yellow Ribbon Coalition
represents about 5,000 people
in Lane County. It belongs lo
the Oregon Lands Coalition,
which represents HI,000 mem
bers ranging from miners, log
gers and ranchers to sheep
herders and off-road vehicle en
thusiasts.
"1 believe that environmental
law can ho balanced." Peay
said "Their idea now is to to
tally shut down the industry."
Those complaints are old hat
to the law school. In l(i88,
Maurice Holland, then dean of
the law school, put together an
independent committee to ex
amine the criticisms of tho clin
ic. The committee's report con
cluded that the criticisms hud
no basis, assuring University
officials tho clinic operated
well within acceptable bounda
ries.
The clinic's two attorneys,
professors John Donine and Mi
chael Axline. admit 10 students
each semester to work with 10
advanced students on actual
cases, it operates as a law firm
with two senior partners und
many associates. Bonino and
Axline accept cases based on
potential educational value.
Every March, a student group
loosely associated with the en
vironmental law program. Land
Air and Water, organizes the
Public interest Environmental
Law Conference, which draws
an international field of law
yers und scholars to Eugene to
discuss environmental laws
and issues.
These activities make the
program and the school highly
visible — both to its supporters
and detractors
Axline argues the school is
only representing citizens and
groups who want environmen
tal laws enforced Conserva
tives want laws enforced, right?
The environmental law clinic
is the only ono ot lour clinics
the law school offers that Is run
on campus with professors. 'Hie
other throe are "downtown
clinics."
For example, in the criminal
prosecution class, students as
sist felony trial lawyers with
circuit court cases. The school
also offers a criminal dofonse
clinic and a civil practice clin
ic. These classes are considered
less expensive than "In house"
clinics like the environmental
law clinic because students
aren't working under direct fac
ulty supervision.
7 will not deny I am
opposed to the
way the clinic has
operated. I think
it's a misuse of
public funds, and
that flavors my
desire to see it
stopped
— Rep. Rod Johnson,
R-Roseburg
“Clinical education is an im
portant component to many le
gal and academic programs,"
Axline said. "The quality of the
(environmental law) program
has attracted students and sup
porters nationally and interna
tionally."
He said people on the losing
sido of the clinic's successful
cas(!S art; bitter that students are
learning by practicing law.
This unhappiness in industry
and stale government makes
the clinic vulnerable to cuts in
at loast two ways: The Legisla
ture could cut the law school,
or administrators could cut the
clinic to save political energy
for other fights
Though legislative efforts to
close the school have failed in
the past, Johnson speculated
that the clinic's record of taking
on anti-business cases will
jeopardize the school’s funding
when the 1992-93 Legislature
spends Its money.
Johnson argues that the state
doesn't need another law
school pumping out lowyers.
but the issue of the clinic's rep
utation also figures in his
thinking
"I will not deny I am op
posed to tho way the clinic has
operated,” ho said. "I think It's
a misuse of public funds, and
that flavors my desire to see it
stopped."
He thinks ho con get the
Turn to CUNIC, Page 7A
SUMMER
Continued from Page 4A
announced ho would loavo tho University to bo
come athletic director for tho University of Ne
braska.
Byrne said he fools ho rain bo more successful at
his job in Nebraska becuusc there is traditionally
more support for higher education anti athletics
there.
Byrne said, for example, that Nebraskans re
cently voted for a one cent sports tax, similar to
one that recently failed In Oregon.
Howovor. ho said he does regret not having
seen Oregon teams play In tho NCAA basketball
tournament or play in the Kose Bowl.
• Unlvorstty head football Coach Rich Brooks
donned a now hat by becoming tho University's
nuw athletic director. He will continue with his
coaching duties.
The appointment upset some who boliove
Brooks should not servo in both capacities. Oth
ers believe tho University should have used tho
athletic director vacancy to appoint a woman or
minority to the post.
Still other* question Brooks' qualifications
But Dan Williams, vice president for adminis
tration, said the University didn't need to look far
to find the lust person to succeed Bill Byrne.
"Wo asked ourselves if there was a person right
here at the University who had the abilities, the
necessary experience and the understanding of
athletics, our university and the state of Oregon,
to provide the leadership required,” Williams
said. "Tho answer to that question was 'yes.' ”
Brooks will receive $20,000 annually for his
new duties, added on to the S97.B50 base salary
he makes as foot lea II coach. Brooks' total compen
sation package will be nearly $200,000 per year.
The University, it turns out, gels a new athletic
director at a bargain if one considers Byrne made
about $8H,000 when ho was athletic director.
Williams insistod the hiring of Brooks was not
an economic move.