Careers
Education and Career Guidance in Environmental Law
Nancy Marks is a Senior Attorney with the Natural Resources Defense Council in New York City, where she represents national and local public interest groups in defending the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and other environmental litigation in Federal courts.
EE: Tell us about your career and how it unfolded.
In 1976, I started in a Ph.D. program in geology, planning to become a marine sedimentologist. By 1978, I had decided I would never have an original scientific idea, so I dropped out with an M.S. For my next three jobs, I worked briefly as a geologist in Redwood National Park, a carpenter in Bolinas, California, and a secretary in Grantham, New Hampshire. One day I woke up and decided it would be cool to be a public interest environmental lawyer. Of course, I had awakened on many other days, thinking it would be cool to be a scientific journalist, or a high school earth sciences teacher, or a weaver. But for some reason, this idea took root. The environment had never been at the top of my political priorities list, but, while working in Redwood National Park, I was impressed that Sierra Club's lawyers had saved the tallest trees in the world from the chainsaw. I also liked the idea of using my science background for political ends.
EE: What do you enjoy most about your work?
There are rewards at so many levels. I prefer working as part of a team, and my colleagues are the best - smart, committed, supportive. Everyone who works here could easily be making a much higher salary in the private sector, so I am surrounded by idealists. I like piecing together a million bits of evidence to construct the narrative of a case. A lawsuit should be a great story, and the facts should largely speak for themselves. I like translating scientific and technical material into concepts that make sense to a judge. I like to write, and that has always been a big part of my job. The most rewarding thing is taking on a major corporation or government agency, along with all their lawyers, and beating them in court.
EE: Please tell us about one of your greatest successes.
My favorite victory so far just happened a little over a year ago. We brought a lawsuit against some chemical companies in Maine that were responsible for dumping mercury into the Penobscot River. When the case went to trial, the other side put on a parade of very articulate guys with Ph.D.s, with hundreds of charts and graphs, all testifying that the mercury was not a problem. To make matters worse, witnesses from state and federal agencies also testified that everything was under control. We had one biologist, with nearly 40 years of experience, who calmly explained to the judge (without charts and graphs) what really happens when mercury gets into an aquatic ecosystem, and why the polluters' story was based on junk science. When I found out that the judge ruled in our favor, I burst into tears. We had worked so hard, and I really believed we were right, but that's never a guarantee of success in this business.
EE: Describe a typical day of work for you.
That's a tough one, because they vary so much. But the main point is that litigators like me actually spend a minuscule amount of time in court. Most of our work involves phone calls, email, legal and factual research, document review, meetings, and writing. Once every few years, we go to trial, which requires months of tremendously intense effort. If I had to be in trial mode all the time, I couldn't sustain this job. I am not Perry Mason.
EE: What are some of the important contributions that you feel Environmental Law has made to society?
The United States has a highly developed body of environmental law embodied in state and federal statutes, agency regulations, and court opinions. Almost all of this law has developed over just the past 35 years. It gives us a set of tools to address many of the pressing environmental problems of our times, although there are obviously limitations. Perhaps the most important contribution is the grant of power to ordinary citizens to participate in environmental decision-making and to file lawsuits when things go wrong. Because of the tremendous resources brought to bear by industry and the government, it's not always easy for citizens to have their voices heard, but we can be pretty noisy.
EE: What kinds of jobs do entry-level graduates usually get? Is internship experience or other work experience helpful in landing a job?
I usually recommend to law students that they try to get judicial clerkships, especially if they want to be litigators. I never even applied for one, because I was too impatient to begin practicing law, but it would have been very helpful to me. There are also a number of one- to two-year legal fellowships in public interest environmental law (including some at NRDC) that provide great training. Like clerkships, they are generally highly competitive, but they can be found all over the country. Some state and federal government agencies and attorney generals' (or U.S. Department of Justice) offices hire new law graduates into jobs that I would consider a good start to a public interest career, depending on the political mission of the particular office. Of course, on the other side, many recent graduates go straight to law firms, where training quality varies widely. Some associates get valuable hands-on litigation experience from the beginning, while others may spend years without any real responsibilities (beyond having to work extremely long hours).
EE: What can graduates expect to earn in the beginning of their careers?
My perspective may be skewed from being in New York City, but the range is enormous - from the somewhere around the $30,000 range (or less, especially if you're basically creating a position that doesn't exist, like I did my first year out of school) for some public interest organizations, fellowships, or state/local government jobs, to 4-5 times that (with bonuses) for some big law firms. Federal clerkships fall somewhere in between, and some public interest groups offer higher starting salaries than the low end of the range. At the senior level, the gap widens. I figure that some law firm partners with experience equivalent to mine are earning 7-10 times my salary. All of these figures are strictly ballpark, but it gives you some idea about the differences between the public and private sectors. Put it this way - after 20 years as a lawyer, I earn considerably less than a first-year associate in a New York City law firm. I should also add that I've never been tempted for one moment to join that world, for reasons that should be obvious by now.
EE: What advice can you give aspiring Environmental Lawyers to help them stand out in the crowd and get the job they want?
I can speak only to those who want to be public interest lawyers:
Study whatever you want in college, as long as you find it exciting and challenging. Go to the best law school you can get into, regardless of whether it has an environmental program. You might also choose a public law school that will allow you to pursue a lower-paying public-interest career, because you will not be crippled by educational debt (and some of these are the best schools). Demonstrate your commitment to the public interest (whether environmental or in other areas) in many ways, from your campus/community activities to your summer and full-time jobs. (I'd probably be more inclined to hire someone who has served in the Peace Corps or written reports for a civil liberties organization than someone who worked as a paralegal for the environmental department of a big law firm.)
Get a judicial clerkship if you can; it will really advance your analytical and writing skills. Be creative and persistent; don't just grab any job because you're nervous about all your friends having their employment offers at the beginning of their third year in law school. And, finally, don't take my advice too literally; everyone has different ideas about what leads to success.
EE: What is the job market like today for environmental lawyers? How do you expect it to change in the next 5 years? 10 years?
When I first went into environmental law, some people thought it was a slightly obscure, limiting sort of career. A number of years later, when I told someone what I did, they said "Oh, the hot field!" There are a lot of lawyers practicing environmental law today, and I expect there to be a lot in 5 or 10 years. I wish I could say that salutary events would put me out of a job, but I'm afraid that's not happening. Although it seems to violate the laws of supply and demand, it remains more difficult to land a public interest job that pays less (because there are fewer of those jobs). But I believe that anyone who works hard, is highly motivated, and has some geographic flexibility can find a rewarding job in the field.
EE: Would you recommend that environmental law students have a science-based background?
Although I rarely call upon actual academic knowledge or experience, it has been very helpful for me to have a general science background, as well as an abiding interest in science. (Since I haven't studied geology for 25 years, it's a good thing I'm not relying on the particulars of my education.) It is important to be willing and able to become conversant in the scientific and technical concepts with which our cases are invariably intertwined. We work with experts who help us master the concepts we need to know -- whether it's aquatic ecology, epidemiological studies, or the workings of coal-fired power plants. The bottom line is that a science background is not a prerequisite for the successful practice of environmental law, but I would not recommend this field to anyone who is reluctant to grapple with technical issues.
EE: What are the three greatest challenges in the field of Environmental Law today?
In my work, the biggest challenges are rebutting the increasingly-sophisticated presentations of industry consultants, convincing judges that they should not defer to government action (that may appear appropriate but is actually ineffective), and remaining hopeful in the face of daily bad news.
EE: Is there anything else you can tell us about yourself, your career or the profession that would be interesting or helpful to others aspiring to enter and succeed in Environmental Law?
I just want to say that it's possible to have both an intense career and a full family life, but it requires sacrifices at both ends. I consciously avoid some professional activities that might advance my career (like environmental law conferences) because of the extra time they require. And, for many years, I have worked only four days a week (except when I'm approaching a trial, when I work seven). On the other hand, I do spend a fair number of days on the road for my cases. I am lucky to have a supportive spouse who is a highly capable (and flexible) single parent, as well as kids who think what I do is cool and are used to having me travel. Without that, it would be very difficult to keep all the balls in the air. Also, while we all work hard, NRDC is a very family-friendly workplace.
I think people starting their careers need to reflect upon the whole package and envision what kind of life they want - from the start, and also 10 or 20 years down the road. Consider such questions as whether a big law firm leaves enough time for your personal life, or whether litigation is too stressful, or whether to opt for a stable civil service agency position over a more exciting political agency appointment. Fulfillment comes from many quarters, and some lawyers limit their lives in ways that they may eventually regret.
This article first appeared on EnviroEducation.com, a Web site designed to help people find colleges, universities, and training opportunities in any environmental field.