Catching up with Emmett Environmental Law and Policy Clinic alumni

These alumni profiles are a part of the Emmett Environmental Law and Policy Clinic 2024 Annual Report. Click here to read the full report.

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Rachel Kenigsberg ’16

Rachel Kenigsberg graduated from HLS in 2016, where she was Editor-in-Chief of the Harvard Environmental Law Review. She joined National Parks Conservation Association (NPCA) in 2020. In her role as Senior Associate General Counsel, Rachel manages litigation on behalf of NPCA to support and protect national parks and also provides general legal counsel to the organization. Prior to joining NPCA, Rachel practiced environmental law at Baker Botts LLP, where she focused on environmental litigation and regulatory compliance. Rachel has held internships at a number of government and non-profit offices, including the U.S. Department of Justice Environment & Natural Resources Division, Environmental Crimes Section, the Massachusetts Attorney General’s Office Environmental Protection Division, and the Sierra Club’s Legislative Office.

Emmett Environmental Law and Policy Clinic (ELPC): What did you do after graduating from HLS in 2016, and how did you come to working at National Parks Conservation Association (NPCA)?

Rachel Kenigsberg (RK): I joined Baker Botts in DC in the environmental practice, focusing on regulatory and litigation matters. I enjoyed my time at Baker Botts and learned the basics of litigation and advocacy to federal agencies. But my long-term aspiration was to help advance environmental protection; and I’ve always had a passion for national parks. So when my current position opened at NPCA, it seemed like a perfect fit. I am truly lucky to have a job where I believe in the work that I do every day.

ELPC: Tell us more about your work at NPCA – what are some of the highlights and what are some of the challenges? What are you looking forward to working on this year?

RK: There are many environmental issues that impact our park system, and we have a small legal team, so I get to do a little of everything. I manage environmental litigation under the Organic Act, Clean Water Act, Endangered Species Act, Clean Air Act, National Environmental Policy Act, and other statutes to protect and enhance our national parks. Collaborating with our government affairs and regional staff on writing comment and other strategic planning is also a big part of my job. One highlight of my job is getting to work with clinical students on cutting-edge environmental law topics and litigation. A major challenge of my job—and probably for every environmental lawyer—is that environmental laws do not get updated frequently, so we often have to think creatively about how to best protect national parks and other federal lands from the problems of today from climate change to data center proliferation to hardrock mining. I particularly enjoy our wildlife matters, and I’m hoping to see the reintroduction of grizzly bears to the North Cascades. We’re also assisting in the defense of several environmental regulations that have been promulgated recently, and I’m looking forward to those being finalized.

ELPC: In what ways did your experiences at HLS shape your career trajectory and where you are today (e.g., your work in the Clinic and on the HLS Environmental Law Review, HLS courses or other graduate level coursework, externships, networking/mentors, and/or any other activities at HLS or beyond that you were involved in)?

RK: I majored in environmental science and interned at several environmental non-profits before attending law school, so I knew I wanted to work in environmental protection. HLS has superb environmental law opportunities and talented professors who became my mentors. My favorite class at HLS was Environmental Law and the Supreme Court with Professor Richard Lazarus, where we dissected a different landmark environmental case each week. It was not only eye-opening, but also enormously helpful in learning how to craft persuasive arguments. I also got the chance to engage with this important Clinic and serve as Editor-in-Chief of the Harvard Environmental Law Review. These experiences were invaluable in teaching me how to think about the intricate web of statutes, regulations, and precedent that comprise our environmental laws.

ELPC: What advice do you have for our current law students who are interested in practicing environmental law after graduation?

RK: Three pieces of advice for current students:

• Explore the environmental offerings at Harvard. You are at such an exceptional institution with so many opportunities. Take environmental law classes, join the journal, participate in the Clinic, and get to know your classmates with similar interests.
• Try to intern and work in organizations that focus on different aspects of environmental law to see what kind of work and work environment you enjoy. During my time at law school, I was able to spend time at state and federal agencies, a nonprofit, and the private sector. Those experiences were key for learning how different groups approach environmental law.
• Reach out to alumni in jobs you want to explore. During my first year, with the help of OPIA, I spoke with several recent alumni at places where I was considering spending my 1L summer. Usually, they are willing to do a brief chat, and it can be helpful to learn about a position firsthand before you apply. If you are nervous, feel free to reach out to me – I’m always happy to chat with a current student!

ELPC: What is your favorite national park and why?

RK: Toughest question yet! Yellowstone will always have a special place in my heart as the first national park I visited, which started my lifelong love for the park system. Honorable mentions go to (1) Denali, because it is an extraordinary landscape where we were lucky enough to see several bears, (2) Acadia, where I went on stunning hikes with law school classmates, and (3) Everglades, where I recently went on a work trip and got to see the most adorable baby manatee.

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James Pollack ’20

James Pollack is an attorney at Marten Law, an environmental law firm based in Seattle, WA. James leads Marten’s consumer products regulatory practice where he helps trusted national brands bring sustainable products to market. He counsels apparel, footwear, and outdoor gear manufacturers on the complicated regulatory and litigation environments surrounding material inputs, emerging contaminants, green marketing claims, packaging regulations, and climate impacts. James is a thought leader on per- or polyfluoroalkyl substances (PFAS or “forever chemicals”) through his publication of the PFAS Deskbook (Environmental Law Institute Press, 2023). James maintains a pro bono practice focused on gun violence prevention and indigent defense in tribal courts.

ELPC: You received your J.D. from HLS and an M.P.P. from Harvard Kennedy School of Government (KSG) in 2020. What aspects of your experiences at HLS and KSG do you think were most influential on your career path?

James Pollack (JP): Both schools provided opportunities to explore environmental law. I didn’t come to school planning to specialize to the degree that I did. Harvard had made the investments necessary so that when I did discover my passion for environmental law, I had a wealth of opportunities to dive deeper. From classwork to the Clinic, from RA work to coursework, from EELP to HELR, there was no shortage of opportunities at HLS. Meanwhile, I had the opportunity to pair those opportunities with research, writing, and environmental economics coursework at KSG. I feel so lucky to have had those opportunities.

ELPC: Why did you choose to go work at Marten Law?

JP: I was excited to join Marten because of its status as a boutique environmental law firm with a national practice. I could specialize in environmental law and ensure that all my work fell within that subject while still exploring the diversity of an environmental practice. I get to work with litigators, water lawyers, air lawyers, property development lawyers, and others who are all united by a single interest: environmental practice. It is an extraordinary joy to walk the halls confident everyone I see will be excited to talk about environmental law topics.

ELPC: You’ve mentioned previously that you enjoy client counseling and find it to be rewarding. Why does client-facing work appeal to you more so than other types of legal work? What can current students do to prepare for this kind of work?

JP: Environmental law can be practiced in so many ways—I don’t think I realized the breadth of potential as a law school student. Trial attorneys, administrative litigators, appellate litigators, transaction attorneys, and permit attorneys may all fall under the same umbrella but experience their daily work and client interactions in entirely different ways. My practice is a regulatory compliance practice—I largely counsel consumer product manufacturers on their legal sustainability work. I enjoy the problem-solving nature of the work, the client interaction (my days are largely spent in client meetings), and explaining legal topics to non-lawyers. Every day is different! I may spend my morning listening to an agency hearing on proposed regulations, my late morning on a call with a product development team to explain how regulations will impact their next season of products, my early afternoon outlining regulatory comments for an industry association, and my afternoon on a call to identify potential sources of inadvertent contamination from a factory partner.

It is a very tangible practice that quickly goes from high-level legal analysis, such as how to read statutes to understand legal risk, into tangible logistics, such as what kind of and color sticker one should use for a disclosure. To prepare for this kind of work, I would recommend that current students consider administrative law as well as opportunities to teach non-law students or work with non-lawyer clients. Those experiences can help you learn the ways to effectively communicate the law to non-lawyers.

ELPC: You are known for your extensive expertise on PFAS regulatory compliance. How did you get into doing this work? What challenges have you encountered in counseling companies on PFAS, given the shifting and sometimes uncertain regulatory environment?

JP: Our firm has been working on PFAS issues for many years now. Emerging contaminant issues frequently arise first in the drinking water context, and PFAS was no exception. We represent many drinking water suppliers who have been working to understand the scope of their PFAS contamination and ultimately seek the funds necessary to clean those drinking water supplies. As regulations spread from the drinking water context into other arenas, we were able to use our past PFAS experience to inform compliance efforts in other realms, including real estate development, water permitting, and consumer products. Along with colleagues, I wrote the PFAS Deskbook, an omnibus resource on PFAS that exposed me to the array of PFAS regulations.

My own practice focuses on counseling consumer product manufacturers, As an outdoor enthusiast, I have long used products that relied on PFAS, including rain jackets, tents, climbing rope, cookware, and flyfishing gear. I have enjoyed the opportunity to support our clients in the outdoor, apparel, and footwear industries as they work to identify and phase out PFAS from their products. My experiences in this work have given me an appreciation for the complexity of even simple products I have long taken for granted. A tent sitting on a shelf implicates years of research and development, a value chain covering hundreds of suppliers around the world, and a complex web of laws covering topics as diverse as aluminum sourcing to flame retardants. That complexity translates into challenges at every step—challenges that attorneys can help clients navigate. I work to keep clients informed of regulatory developments, highlight salient differences between laws, minimize uncertainty through clear supplier engagements, and navigate green marketing around chemical transitions that involve some level of uncertainty and changes in product performance and care.

ELPC: In your work on ESG/sustainability issues, what opportunities do you think exist for developing strategies to encourage companies to incorporate and maintain ESG/sustainability initiatives in their operations?

JP: It is an interesting time in ESG/sustainability, where cross-pressures are moving these kinds of initiatives from “nice-to-haves” into “must-haves”. Those pressures include consumer demands, investor demands, and regulatory requirements. From chemical management to greenhouse gas reporting to green marketing, I see these issues as different framings of the same set of challenges. In each case, companies need to collect accurate information from their value chain and effectively communicate that information on the environmental impact of their operations. The challenge with the current ESG/sustainability climate is the constant uncertainty. A combination of fast-changing regulations, patchwork regulations at the state level, consistent litigation delaying implementation, and more have made it challenging for companies to thread the needle on their ESG/sustainability efforts. There is a growing need to create streamlined, flexible, easily updated frameworks for collecting accurate information and effectively communicating that information to regulators, investors, and consumers. It is an exciting moment.

ELPC: I understand that one of your hobbies is birding (which is also one of Professor Mergen’s favorite pastimes!). Where are your favorite places to go birding?

JP: Birding is such a great hobby! In Cambridge, we are so lucky to have Mt. Auburn Cemetery, a migratory hotspot where you can find a staggering number of species. If you have access to a car and can get out of Cambridge, I would highly recommend Parker River National Wildlife Refuge, a wildlife sanctuary on a barrier island that primarily serves migratory birds. Now that I live in Seattle, you’ll find me spending many weekends at the Union Bay Natural Area, a fantastic spot for waterfowl, osprey, and bald eagles! I now lead an annual trip with our summer associates to visit the Area, it’s a great time.