Martha Judy

Biography

Professor Martha Judy specializes in the Comprehensive Environmental Response, Compensation, and Liability Act (commonly known as Superfund), the cleanup of hazardous substances, and the effect of environmental liabilities on behavior. At Vermont Law School, she has taught Torts, two courses that focus on the law of toxics and hazardous substances (CERCLA and RCRA, the Resource Conservation and Recovery Act), Natural Resources Law, and a unit on environmental problem-solving within the General Practice Program. She speaks and writes on topics related to CERCLA and Brownfields liability, cost recovery, contribution, and natural resources damages.

Professor Judy contributed to the brief submitted to the U.S. Supreme Court in support of the respondent in United States v. Atlantic Research Corp., on behalf of amicus curiae Natural Resources Defense Council and a group of law professors, among whom she was also named. Her research focuses on how this landmark decision on CERCLA liability and cost recovery may encourage voluntary cleanup of brownfields and other sites. She wrote a chapter on cost recovery for the forthcoming third edition of Todd S. Davis' "Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property" (published by the American Bar Association).

 
Other Superfund work by Professor Judy includes heading Vermont Law School's Superfund project and directing research for the National Commission on Superfund, a group of environmentalists, corporate CEOs, citizens, and government leaders seeking consensus on ways to improve the cleanup of Superfund sites. She also facilitated discussions for the U.S. Environmental Protection Agency as it sought feedback from citizens, environmentalists, local governments, and industry on how to improve Superfund.
 
Professor Judy earned her BSF degree in wildlife management and forestry from Purdue University in 1981 and her JD from Yale Law School in 1989. Upon graduation, she worked as policy analyst in the Office of Policy Research and Coordination for Vermont Gov. Madeleine Kunin. Professor Judy joined the faculty at Vermont Law School in 1994 and was the first director of the law school's Environmental Semester in Washington, D.C., program. She has testified on hazardous materials, solid waste, recycling, and planning legislation before the Vermont Legislature and has testified before the Michigan Legislature on forestry and wildlife issues. She serves as a member of the Brookfield (Vermont) Planning Commission.

Publications

Chapters

​Martha L. Judy & O. Thomas Armstrong, Jr., Chapter 3: Cost Recovery under CERCLA: The Impact of Aviall and Atlantic Research on Voluntary Cleanups in the third edition of BROWNFIELDS: A COMPREHENSIVE GUIDE TO REDEVELOPING CONTAMINATED PROPERTY, edited by Todd S. Davis. 2010.
​"Negotiation: The Key to Surviving Superfund," in Managing Superfund's Impact: A First-Aid Kit (1993).​

Articles

​Cooper v. Aviall: A Monkey Wrench in the Cost-Recovery Toolbox or a Second Chance for Section 107(a)(4)(B)?, 26 Andrews Envtl. Litig. Rep. (July 14, 2006).
​With Anthony Z. Roisman and Daniel Stein, Preserving Justice: Defending Toxic Tort Litigation, XV Fordham Envtl L. Rev. 191 (2004).

Legal Advocacy

Collaborated with environmental law professors from Lewis and Clark, Boston College, University of Michigan, and Pace Law Schools to write a Brief for Amici Curiae Natural Resources Defense Council and Several Environmental Law Professors in Support of Respondent before the U.S. Supreme Court for U.S. v. Atlantic Research Corporation ​(April 2007).​
​With William F. Funk, Craig N. Johnston, Nina A. Mendelson, Jeffrey G. Miller, Patrick A. Parenteau, Zygmunt J.B. Plater, and Natural Resources Defense Council, ​Amici Curiae Brief submitted to U.S. Supreme Court in the case of ​U.S. v. Atlantic Research Corporation (2007).

Other

​With David Bridgers,Cleaning Up the Old Springfield Landfill: A Case Study of the Superfund Process (1994). A report for the U.S. Environmental Protection Agency. Unpublished manuscript on file with Environmental Law Center, Vermont Law School​.​
Editor, Final Consensus Report Of The National Commission On Superfund (1994). A report for the National Commission on Superfund by the Environmental Law Center (Vermont Law School) and the Keystone Center, Keystone, CO. unpublished manuscript, on file with Environmental Law Center, Vermont Law School.​

Presentations

Superfund at 30 Fordham Environmental Law Review's Conference on "Environmental Lawsuits and Corporate Social Responsibility: The Role of Litigation in Promoting Good Environmental Practice", Fordham University, New York City, NY, March 5, 2010.​
Is the CERCLA Still Unbroken? Liability after the U.S. Supreme Court's Burlington Northern and Shell Oil Decision Summer 2009 Hot Topics in Environmental Law Montpelier, VT, July 17, 2009.​
Brown to Green Redeveloping Brownfields in the Green Mountain State, moderator and panelist, Vermont Land Use Institute Brownfields 2008 Conference, ​South​ Royalton, VT, June 2008.
"Rebuilding America Green," National Association of Environmental Law Societies Annual Conference, March 2008.​
"From Traffic Directing to Plain Meaning: U.S. v. Atlantic Research — ​Answers for the Supreme Court to Restore Voluntary Cleanup," Hot Topics in Environmental Law speaker series, Vermont Law School, July 2007.
​"The Historic Hudson River: Cleanup Controversy at a Superfund Mega Site," Society of Environmental Journalists, October 2006.​
"Life after Cooper Industries v. Aviall Services: Restoring Voluntary Cleanup to Superfund (or NOT)" Hot Topics in Environmental Law speaker series, Vermont Law School, June 2006.​
​Facilitator, "Land Use by Design," February 24, 2006.​
​"Repairing CERCLA (and Voluntary Cleanup) after the Supreme Court's Decision in Cooper Industries v. Aviall Services," Faculty Affairs, Vermont Law School, April 2005.​
"Cooper Industries v. Aviall Services: Will the Supreme Court End Voluntary Cleanup under Superfund?" Hot Topics in Environmental Law Speaker Series, Vermont Law School, June 2004.​
"Toxins in the Environment," Dartmouth Community Medical School, April 2000.​

​Environmental Clinical Faculty Meeting, Tulane University School of Law, January 1999.

AALS Environmental Law Section panel on Experiential Alternatives to Live Client Environmental Clinics, New Orleans, LA, January 1999.​​
CERCLA Operator Liability after CPC International, Vermont Bar Association, The Supreme Court in Review, South Royalton, VT 05068, April 1998.​​
​"Retroactive Liability After the Olin Decision," panelist, Environmental Law Institute, Washington, DC, 1996.​
Environmental law seminar for federal judges, Woodstock, VT, 1994.​
"Negotiation and Environmental Dispute Resolution for Citizens," San Francisco, Dallas, and Boston, 1994.​
​Facilitated numerous dialogues on Superfund with citizens, environmentalists, local governments, and industry for U.S. Environmental Protection Agency, 1991-94.​

​Federal judges seminar, Vermont Law School, 1993.

​EPA/ICMA Superfund Revitalization confer​​ences, San Francisco and Atlanta, 1993, and Chicago, 1992.

​"Superfund Seminar: Strategic Advice for Local Government Officials," Boston and San Francisco, 1992.​

Awards & Accomplishments

Affiliations

​Professor at Vermont Law School since 1994.

​Research Director, National Commission on Superfund, 1991-1994.

​Chair, State Agency Planning Working Group.

​Cofounder and Research Director, National Commission on Superfund, 1991–94.​

​Director, Superfund Project, Vermont Law School's Environmental Law Center, 1991-1994.

​Admitted to Practice, Vermont Bar, 1989.

​Policy Analyst, Office of Policy Research, Montpelier, Vt., 1989-1991.

Service Work

Two Rivers-Ottauquechee Regional Planning Commission Brownfields Steering Committee, 2002–present.​
​Testified on hazardous materials, solid waste, and recycling legislation before Vermont legislature, 1989–1990.​
Board of Directors, ​National Association of Environmental Law Societies, 2001–2005.​
Member, Brookfield (VT) Planning Commission, since 1997.​
​Coordinated preparation, public review, and editing of Act 200 state agency plans, 1989–1990.​
Two Rivers-Ottauquechee Regional Petroleum Brownfields Project, 2005.​
Member, Vermont Gender Bias Task Force, since 1996.​
Testified before Michigan legislature on forestry and wildlife issues, 1982–1984.​