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A private lawyer representing a private client is seldom a crusader. When environmental justice is relevant to a particular matter – the client proposes to build a facility and engages the lawyer to help secure necessary governmental approvals, for example-the lawyer's primary duty must be to the client.

The client in such a case faces two primary types of questions: substantive, such as where and how to build the facility; and procedural, deciding what processes to follow and how much to involve the community in the planning. Typically, by the time the lawyer is brought in, the client already has made most of the substantive decisions. (Although many environmental justice controversies focus on the siting of facilities in low-income, minority communities already burdened with heavy industry, these decisions generally are made before the private lawyers are engaged.)


Environmental Law | Law


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