Alliance fights law clinic
Dear Editor: The recent decision by the University of Pittsburgh to maintain the Environmental Law Clinic as an official part of the university raises considerable concern for community groups that support advancement of the Mon Valley/Fayette Expressway and Southern Beltway as a major, economic-revitalization strategy for southwestern Pennsylvania.
The university’s decision does not address actions of the clinic regarding the expressway project including statements by the director that the clinic is opposed to the expressway project and will seek to stop it.
The director is listed as the incorporating attorney for CANTR on non-profit incorporation forms filed in Harrisburg. The incorporating address for CANTR is listed as 3900 Forbes Avenue, Pittsburgh – the address for the University Law School. CANTR originally named Citizens Against New Toll Roads, was changed to Citizens for Alternatives to Toll Roads in the incorporation filing.
Based on the director’s statements, it appears that by taking on CANTR’s case it afforded him an opportunity to further his pre-existing agenda. CANTR has a long-standing position in opposition to the expressway. The leadership of CANTR was listed in a previous federal lawsuit against the expressway.
The clinic accepted CANTR as a client in mid-2001 without proper discovery or evidence of any violation of environmental law by the Pennsylvania Turnpike Commission.
The law school’s dean applauded the “legal activist posture” of the clinic on the expressway project. In meetings with the University’s Law School Dean Herring and the Director of Governmental and Community Relations (Sept. 4, 2001 and Dec. 19, 2001), Dean Herring stated that evidence of violation of environmental law was not necessary for the clinic to accept the case.
There are several major concerns that the Mon-Fayette Expressway and Southern Beltway Alliance has regarding the involvement of the University of Pittsburgh Environmental Law Clinic in the Expressway issue.
Actions of the clinic, whether privately or publicly funded, represent official actions of the university.
The stated position of the clinic is contrary to the policy of the commonwealth of Pennsylvania on the expressway project. In 1986, the state legislature acted to assign the expressway project to the Pennsylvania Turnpike Commission. State legislation was passed in 1991 and 1997 to fund the project.
The legal advocacy position of the clinic on the expressway project has actually thwarted the free and open exchange of ideas between community groups in support of the expressway project and the University’s law students. On July 11, 2001, the clinic’s director refused to allow a meeting of expressway proponents with law students stating that because the clinic represents CANTR such a meeting would be a violation of legal ethics.
An official action of the university to engage in a “legal activist posture” to seek to stop a major community project is inconsistent with the mission of the university and without precedent for any Pennsylvania state-supported institution.
We are concerned that the actions of the University of Pittsburgh Environmental Law Clinic, a university-sponsored program, are in direct conflict to the policy of the commonwealth of Pennsylvania. In addition, there is a broad consensus of local, political leadership and community groups that the expressway project is essential for the economic recovery of the Mon Valley and will address severe traffic congestion issues in the eastern part of Allegheny County. Obstructing the Expressway project will result in significant economic harm by permitting the persistence of economically, distress conditions.
Based on a review of case law commissioned by the Mon Valley Progress Council, the University of Pittsburgh is accountable for actions by the Environmental Law Clinic on the expressway project. We are asking the region’s legislative delegation to advise the chancellor of the University of Pittsburgh and its Board of Trustees of the gravity of the matter regarding a university-sponsored program engaging in actions that are intended to obstruct or halt the expressway project
Joseph P. Kirk
Mr. Kirk is chairman of the Mon-Fayette Expressway and Southern Beltway Alliance.