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Race in Ethics and Professionalism - Shared screen with speaker view
Haley Gentry (she/her)
23:04
For CLE participants - if you could change your name in this meeting to your first and last name (so we can track attendance), that would be helpful! Thank you.
David Ivy-Taylor
30:49
For CLE participants: The codeword for this session is PURPLE
Margie Vicknair-Pray (she)
45:41
Question for Tracie Washington and Suzette Bagneris: I've always wondered why we can't do a class-action lawsuit against corporations and/or State departments or the State-employed individuals who oversee the departments responsible for the protection of the citizens and the environment as is laid out in the Louisiana Constitution? If they are harming us and our environment, why can't we sue them for dereliction of duty, or intention to do harm, or similar concepts? I'll sign on as will many residents in areas along the river, like those being harmed in St James Parish.
WillD
45:48
I cut my teeth doing plaintiff class action work. The committees were always comprised of the same guys. I called them the usual suspects.
James Nieset
53:40
should the rules provide for a meeting or hearing before selection of interim or permanent class counse?
Kenneth Orie
53:45
As a practical matter, the clients may be powerless and ignorant. It takes the lawyer to seek out such clients, empower them with knowledge about their rights and how they may seek and obtain justice. It makes sense then that the lawyer would choose the clients in such cases. The ethics should morph to accommodate this dynamic. What do you think about making this ethical, Prof. Westley?
Margie Vicknair-Pray (she)
53:56
hahaha
Katharine Poole
54:35
do you have any tips or effective strategy for combating the oil & gas industry propaganda?
Margie Vicknair-Pray (she)
55:36
Tracie, I'm not an attorney, I'm an environmentalist. I want to go after the people who are allowing the corporations to poison us. Slow motion murder is still murder.
Tracie L. Washington
56:46
Yes maam. I really want Suzette and Lynn to expand on your point because its excellent.
Theresa Bewig
01:01:40
I think Margie might be asking about proactive impact litigation versus reactive event-based class litigation. I have been counsel in disability rights impact litigation with class representatives. There seems to be a distinction between enforcing private rights to compensation versus systemic change.
suzette bagneris
01:04:22
James, there should be a hearing before appointment of interim class counsel but that does not occur
Margie Vicknair-Pray (she)
01:05:42
Yes!
suzette bagneris
01:06:03
It should happen before interim class counsel is appointed, if you are looking out for claimants
Kenneth Orie
01:07:43
Proactive litigation: Seek injunction against the potential projects but demonstrating immediate irreparable harm to obtain the injunction is the challenge.
Lynn Luker
01:08:56
Need expert reports, etc.
Tracie L. Washington
01:09:43
That's a lot of fish fries Suzette!
Courtney Strickland
01:11:05
Lol at the fish fry comment
suzette bagneris
01:12:12
A whole lot of supper sales
Khatia Zukhubaia
01:12:41
Hello, I am from Georgia (Country not the state). We are in the transitional period and your experience on environmental law will help a lot. Thank you for organizing!
Margie Vicknair-Pray (she)
01:13:45
That's valuing profits over life.
Rebecca Malpass
01:24:03
Slightly off-topic: Will this panel's conversation be posted for later viewing?
Christopher Dalbom
01:24:23
Rebecca, yes!
Haley Gentry (she/her)
01:24:29
Yes! All sessions at this year’s summit are recorded.
Rebecca Malpass
01:24:40
Wonderful - thanks!
Margie Vicknair-Pray (she)
01:25:56
I like that! The Citizens group can sue!
Andrew Jacoby
01:40:29
Margie, Regarding suing public entities (DEQ, EPA, etc.), it is often done, but the general dereliction of duty you note is that public officials have a giant amount of discretion to choose what actions to take. There are times when suits are possible, but the hurdles to suing public officials and public entities are often extremely high.
Margie Vicknair-Pray (she)
01:43:09
Other way around though. It is a deliberate action to built toxic plants near poor and black communities.
Kenneth Orie
01:45:49
There is a body of scientific work in denial of the cancer alley phenomenon. There is scanty scientific push back, but robust scientific research to support cancer from environmental exposure appears elusive. Wondering if that has played out in class action litigation?
WillD
01:45:55
As for notice of violations, perhaps have the local papers post the violations. They are not privileged.
Margie Vicknair-Pray (she)
01:47:01
Andrew, how do we change that? If a plant, Formosa, for example, has a history and record of having done bad actions in other places as well as here, why do we have to prove damage to a certain group when there is a record of abuse?
wendyking
01:48:16
Louisiana Bucket Brigade and communities use air sampling and lab tests to document the presence of toxic chemicals affecting a community
Kenneth Orie
01:49:19
Margie, No two cases are exactly the same. You need to prove each specific injury case. The same people may be exposed to the same chemical but experience different effects.
WillD
01:50:55
For even minor air releases, you can use the vicinage articles from the civil code, such as trespass.
Margie Vicknair-Pray (she)
01:53:05
It feels like we bought into the corporate paradigm - we should not have to prove that certain people were hurt, but that the potential is that they will harm everyone and the surrounding environment since they have done it before. They should be having to prove that they will not do harm.
Kenneth Orie
01:57:07
Gary, Louisiana does not have an efficient environmental review process prior to issuing permits. This has been a long standing problem in the state. How may the legislators bring Louisiana closer to the federal model of NEPA - requiring environmental review prior to executing projects?
Margie Vicknair-Pray (she)
01:58:20
yes, Suzette!
WillD
01:58:52
My observations have been that it is not only black people located near the plants and RR tracks. Poor whites are there too. I see the common element as economic vulnerability. It is our less fortunate, poorer, citizens who suffer in common.
Callie Shaw
02:00:16
GREAT points Suzette!
Kenneth Orie
02:05:25
Tracie, Just do not have the votes in the Louisiana legislature right now.
Lynn Luker
02:06:44
Let us know if you have a question.
Courtney Strickland
02:08:20
Re these panels being recorded? I would love to watch any that I miss
Courtney Strickland
02:08:36
Are*
Ryan Anderson (she/her)
02:08:45
All the panels this year will be recorded and posted to the website!
Ryan Anderson (she/her)
02:09:06
Also, participants should be able to unmute themselves and ask questions.
Courtney Strickland
02:09:11
Great! Thanks
Margie Vicknair-Pray (she)
02:10:25
We can unmute ourselves.
Theresa Bewig
02:12:10
when the laws are there, the enforcement is often weak, but there standing is a difficult issue for citizen suits
suzette bagneris
02:13:34
Reports need to be posted on LDEQ website for all to see
Stephanie Morris
02:15:42
A helpful LDEQ website:
Stephanie Morris
02:15:46
https://www.deq.louisiana.gov/page/edms
Kenneth Orie
02:16:11
Organizers: Do you send a link to our emails for claiming CLE credits?
Haley Gentry (she/her)
02:17:20
Kenneth: we had a CLE registration. If you could PM me your email, I will get you signed up!
Kenneth Orie
02:18:25
korie@tulane.edu
Tracie L. Washington
02:19:28
Excellent!
Kenneth Orie
02:22:41
Haley, Kenneth's email is: korie@tulane.edu
Stephanie Morris
02:24:17
Reports posted at the LDEQ EDMS website
WillD
02:25:15
MDL is multi district litigation.
Andrew Jacoby
02:28:12
This may be of interest to only a few, but I wrote an article on constitutional protections for future victims in class-action cases. Specifically, it addresses the problem that often comes up in environmental/public health cases whereby victims' injuries do not manifest for many years, sometimes after litigation has taken place and fund benefits run out. My article is specific to environmental class-actions, and notes the important Hansberry v. Lee precedent. Here is a link: https://www.americanbar.org/content/dam/aba/publications/nr_newsletters/cl/201302_cl.authcheckdam.pdf
Haley Gentry (she/her)
02:29:35
Thank you, Andrew!
WillD
02:32:01
/As to what Lynn is saying, Trump has made it possible for all that repressed white is right shit to come to the fore. They don't feel like they need to keep it under wraps any longer. I'm white by the way.
Margie Vicknair-Pray (she)
02:34:49
We've allowed the oppressors to write the laws and amend the constitution to favor them. We need to rewrite the rules!
judibrawer
02:37:33
This was fantastic, thank you!
Kenneth Orie
02:39:38
Interesting session. Are we not out of time yet?
Ryan Anderson (she/her)
02:39:50
We have until 10:30!
Kenneth Orie
02:40:13
Great. Thanks
Kenneth Orie
02:42:41
Suzette: Inequity and unfairness in disbarment is concerning. Is the Louisiana Supreme Court failing in this?
lawrencekahn
02:45:50
This panel discussion was fantastic.
Angie Reilly
02:47:13
The panel discussion was Very enlightening indeed to me!
Mike Brown (he/him)
02:47:25
Thank you!
Kenneth Orie
02:47:33
Thanks