Polluting Plant Goes On Trial

by Melinda Tuhus | May 28, 2009 8:17 AM | | Comments (2)

santiago.JPGThe defense lawyer (pictured) confronted the witness for the prosecution with pointed questions that eventually elicited a damaging admission. The prosecutor mimed a jubilant, under-the-breath “gotcha!” when a witness for the defense was forced to admit a statement that hurt his case. The tension built inside the courtroom as both sides made their arguments.

It was high drama — inside Jeremy Stone’s Advanced U.S. Government class at Common Ground High School.

The students — including freshmen through seniors — took on roles as witnesses or attorneys during a “trial” at the school Wednesday. Real-life lawyer Michael Sheehan (who also teaches at Yale Law School) played the role of judge. This journalist played courtroom reporter, to lend an air of realism.

The trial revolved around the issue of whether a fictitious aging coal-burning power plant in “Hazy Valley” failed to comply with the Clear Air Act and whether it should be allowed to engage in trading pollution credits, which would create even more local pollution.

Prosecutors also charged that the plant was a nuisance to local residents. They emphasized they were not trying to shut the plant down, but just force it to comply with its existing permit.

To that end, they marshaled expert witnesses, a former EPA [Environmental Protection Agency] inspector, and a neighbor of the plant — a mom whose kids developed asthma. She founded a group called FAIR — Fresh Air Is a Right, a name which, if it isn’t already taken by a real-world environmental justice group, should be snapped up immediately.

Attorneys representing the Paleotech plant said one mistake in reporting pollution data should not be blown out of proportion. They brought their own expert witnesses to the stand, as well as the CEO of the company, to explain what a committed corporate citizen it is, and how if it was forced to install scrubbers to reduce pollution, it would have to go out of business and lay off hundreds of workers.

michael%20sheehan.JPG“Judge” Sheehan (pictured) ran the classroom like a kinder and gentler version of many a real courtroom. He prompted lawyers and witnesses to state their names for the record, entertained objections from both sides — most of which he overruled, a few of which he sustained, explaining why — and reminded the attorneys that their job was to direct questions to the witnesses, not to opposing counsel, and to respond to his instructions.

Both sides presented cogent opening statements. They proceeded to question witnesses — some thoroughly, some less so. When a prosecuting attorney got the company CEO to admit that Paleotech had “slightly” exceeded its permitted pollution limits, he said, “No more questions.” He left it to the judge to ask by what percent the company was in violation. It turned out to be 300 percent.

The “jury” of fellow students and teachers filed out to the jury room (the classroom next door) to deliberate. In the interim, the tension was broken.

Unlike in a real court case, where this wait is the most excruciating part of the whole process, it was clear that the students were glad they had finished their performances. They explained they had tried to appear as much in character as possible — from the aggrieved mom to the nerdy experts to the supercilious CEO.

Of the six students who played attorneys, only one, freshman Santiago Achinelli (pictured at top of story), said he would consider the law as his profession. “I like to argue,” he explained.

chelsie.JPGOn the other side of the aisle, sophomore Chelsie Labreque (pictured) said, “I would never be a lawyer. I was having a heart attack” from the stress. She wants to be a veterinarian. Pediatrician and engineer were among their other career choices.

The jury filed in a short while later with a split decision, depriving either side of the kind of courtroom pandemonium that might have followed a clear-cut victory.

The students had only three weeks to prepare. Their command of the minutiae of indoor vs. outdoor air quality, pollution permits, the implications of industry-versus-government funding of research and other elements of the case was quite impressive.

sheehan%20at%20end.JPGSheehan congratulated everyone on a job well done. “It’s very hard to wing it,” he said, “and I thought you did an excellent job in that regard.” He also invited them to observe the proceedings in a real courtroom, which he called “great public theater,” and where, he said, lawyers don’t always get it right. “You can figure out that you can do it as well, and sometimes better” than practicing attorneys, he told them.

asst%20and%20chef.JPGWhile the courtroom saw a split decision, the decision of students in the cafeteria seemed unanimous: The food served at lunch was great. This reporter stopped in to sample the fare, which is prepared from fresh ingredients by Chef Rhonda DeLoatch and Assistent Chef Saralynn Tauras-Craig (pictured right to left).

fruit%20and%20beans.JPGWednesday’s menu included green salad, green beans, spinach soup, burgers (including veggie burgers) and fresh fruit salad for dessert.

happy%20eaters.JPGHere’s one group of enthusiastic eaters.







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Posted by: Jeremy Stone | May 29, 2009 1:58 PM

This mock trial came about through collaboration with Denise Grab, a student at Yale Law School. She had the idea of putting together an environmentally themed mock trial for high school students - something that would actually be used. Denise contacted Common Ground High School and we met last fall to start getting ideas together. We wanted a trial that would deal with a current environmental topic, and neither of us knew of a mock trial case that took on air pollution. We knew we wanted to get tradable pollution permits involved because of their relevance to current legislation. Denise worked over the winter to write the trial, and she did an outstanding job of creating a balanced case that had enough detail without overwhelming the students.

Finally, Denise was also instrumental in gathering additional support from other Yale students. Two Yale Law students, James Montana and Zach Jones, volunteered to help each trial team with opening and closing statements, objections, and cross-examinations. Two other Yale undergraduates from the mock trial club, organized by John Robinson, also helped coach Common Ground students on this case.

The entire Advanced U.S. History class would like to thank Denise and her associates from Yale for helping to make this mock trial project a complete success.

Posted by: Michelle | May 29, 2009 10:47 PM

Denise Rocks!

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