"Green" Lawyer Seeing Red over Environment

The first Earth Day was April 22, 1970. Today, more than half a billion people participate in Earth Day Network campaigns.

My travels take me to beautiful downtown Valparaiso. At Valparaiso High School, Kim Ferraro's eldest daughter wears a green singlet for the Viking track team.

Kim E. Ferraro Esq. is a "green" lawyer -- not green as in inexperienced. She is the founder and executive director of Legal Environmental Aid Foundation of Indiana Inc. (L.E.A.F.). She also started the Northwest Indiana chapter of "Green Drinks," where "eco-freaks" meet once a month to let their hair down and discuss environmental issues.

Ferraro, 44, was born and raised in Austin, Texas. She and her husband moved to the Midwest 22 years ago so she could attend the Valparaiso University School of Law. Her husband also is a lawyer.

They live in Valpo with their two daughters, ages 16 and 12. In October, Ferraro opened her not-for-profit law practice in Valparaiso.

"I've been an environmental activist for more than a decade," Ferraro begins. "That is the sole reason I went to law school and opened my law practice. Before I went to law school, I was a paralegal. I was very unchallenged and unhappy at work, but certainly recognized how lawyers can effect societal change for the good or bad, depending on the types of cases they're involved in and what side they're on.

"There are laws in the books that are not being enforced because most environmental lawyers go to work for companies like BP."

You work for PB -- pro bono.

"Yes, I don't charge my clients for the cases I take on. My funding comes from private donations and grants. The only way you can really do effective public-interest law is to make your services available to those who need it, not based on whether or not they can afford it."

Typical clients?

"Most are the local activist organizations such as Save the Dunes Council. For years, they have been trying to do good things to protect the environment on a legislative level, but they have not had good access to low-cost attorneys. So I'm filling that need for them."

You represent urban and rural communities. You go up against Davids and Goliaths. Let's start with a giant -- BP. Jobs versus the environment.

"That is a very false choice. Regarding the BP air permit, they framed that very issue. We don't want to stop the BP air permit. All that we want is for that air permit to have the most stringent standards, as it's supposed to under the Clean Air Act. This is not about stopping the Whiting expansion project.

"So, for the people of BP to come out at the hearing and say, 'This is for national security and our jobs are going to be lost' -- no. You can have your jobs and we can have environmental protection.

"Study after study shows that when you have a clean environment, the economy benefits. We'll have green jobs. You can have people working on projects that are good economically and environmentally; get me off of my soapbox."

You got my attention.

"How is a multibillion-dollar company like BP going to be put out of business just because it has to put in stringent environmental pollution controls at its new plant? Look at the price of oil. They are raking it in. They are making record profits."

Counselor, to paraphrase the late, great Carl Sagan, "BP's makin' billions and billions of bucks. Why 60 clams to gas up our trucks?"

"Sagan really said that?"

No, but I saw a chance to speak in rhyme and took it. An idiosyncrasy some find annoying -- editors in particular.

"I have a case fighting a local ethanol plant from being built in San Pierre. Ethanol is not a renewable energy source; in fact, it's very polluting to the surrounding communities. Ethanol made from corn is a horrible thing. Even the small plant that we're fighting uses 250,000 gallons of water per minute. Significant toxins end up in the local well-water supply.

"That's an example of a case where I'm representing the local community. They do not want the plant there, so we are challenging the Board of Zoning Appeal's decision to grant the plant a conditional use. The land where they want to build the plant is zoned for agriculture. An ethanol plant is industry, so you have to get it re-zoned or get a conditional use permit."

Kim, the ethanol plant would probably mean jobs for people living near San Pierre. It also could be a source of income for local farmers.

"The (company) is basically saying (it) will hire 32 people. Ethanol production seems like it would benefit local farmers, but the truth is, the corn that would be brought in for this plant would not come from local farmers. In fact, they'd also burn wood supply, old tires and garbage.

"OK, it might create a few jobs, but it's also going to cost the community in health problems and water issues. The water the plant uses is going to suck up the water the local farmers need for their crops.

"I represent more than 200 people in San Pierre as a community-action group. Not as sexy as BP ... ."

It is to the folks of San Pierre.

"The behemoths go out and spend millions of dollars and hire big-time lawyers to fight the things I'm bringing. We want to slow them down and raise awareness. And, if the judge agrees with what we're doing, that's great, too.

"We can go to meetings and (complain) all day long about the way things are, but to effect change against the powers that be respecting the environment, you need to educate yourself, know what your politicians' views are on environmental issues and support organizations like mine that do legal work for the environment. The only way to hold corporations accountable is to bring them into a court of law.

"At some point, we have to look at how we have become consumers at our own expense. At what point do we recognize that what we are doing is not sustainable? At what point do we say enough is enough?

"At some point, we're going to run out of oil. And we will have ruined the Earth in the process, so that our children's children's children have no place to live.

At what point do we say we can still have a good way of life and we can still maintain our existence on this Earth? We have to do it in a way that is not just for the for the almighty dollar; the environment always loses and, ultimately, we all lose."

One small planet, trashed by billions.