The ENRLC represents Northern Plains Resource Council (NPRC) in its case against Tongue River Railroad Company, Inc., owned by Arch Coal, Inc. and BNSF Railway.
Last week, the federal Surface Transportation Board substantially granted an ENRLC motion to compel and "essentially ordered these corporate giants to open their books on this project to us," said Doug Ruley, director of the ENRLC. "This is a huge step forward in our case and likely will reverberate throughout the coal and railroad corporate world."
ENRLC attorneys Ken Rumelt, Jack Tuholske and Pat Parenteau, with the assistance of student clinicians, "had already obtained unprecedented discovery against Arch Coal and BNSF," Ruley added.
"Our next step is to review Arch and BNSF's internal records and prepare for depositions of their top executives," said Rumelt, who teaches at VLS in addition to practicing law at the clinic. "It's rewarding work that helps build the skills lawyers need in major litigation. At the end of the day, our students are going up against some of the biggest companies in the world, represented by white shoe firms—and winning."
The ENRLC has been working on the case since 2012.
"Our team spent numerous hours in the depths of the ENRLC basement, where we strategized, drafted interrogatories and requests for production, and challenged our adversaries to cooperate—which they failed to do," said VLS alumna Emily Remmel '14, who plans to use her juris doctor to solve complex water issues, and protect and conserve the nation's aquatic ecosystems. "The experience was truly enlightening and a real-world example of the fight between environmental advocates and corporate bigwigs. I am thrilled the clinic succeeded in its motion to compel."
In addition to the Montana coal case, ENRLC staff attorneys and students worked on behalf of the Vermont Right to Know Coalition in its fight for a GMO labeling bill, making national headlines, and on several other high-profile environmental cases. For more information about the ENRLC, visit www.vermontlaw.edu/ENRLC, email druley@vermontlaw.edu or call 802.831.1136. For more information about clinical training at Vermont Law School, visit www.vermontlaw.edu/academics/clinics-and-externships.