Luke Cole
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Luke Winthrop Cole (July 15, 1962 - June 6, 2009) was an
environmental law Environmental laws are laws that protect the environment. The term "environmental law" encompasses treaties, statutes, regulations, conventions, and policies designed to protect the natural environment and manage the impact of human activitie ...
yer and the co-founder of the Center on Race, Poverty & the Environment, in San Francisco, California. He was a pioneer in the
environmental justice movement Environmental justice is a social movement that addresses injustice that occurs when poor or marginalized communities are harmed by hazardous waste, resource extraction, and other land uses from which they do not benefit. The movement has gene ...
and used his legal knowledge to combat illegal environmental action against disadvantaged communities.


Education and personal life

Luke Winthrop Cole was born on July 15, 1962, in
North Adams, Massachusetts North Adams is a city in Berkshire County, Massachusetts, United States. It is part of the Pittsfield, Massachusetts Metropolitan Statistical Area. Its population was 12,961 as of the 2020 census. Best known as the home of the largest contempor ...
, to Herbert Cole and Alexandra Chappell Cole. Cole was raised with his three siblings, Peter, Thomas, and Sarah in
Manhattan Manhattan ( ) is the most densely populated and geographically smallest of the Boroughs of New York City, five boroughs of New York City. Coextensive with New York County, Manhattan is the County statistics of the United States#Smallest, larg ...
, and
Nigeria Nigeria, officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of Guinea in the Atlantic Ocean to the south. It covers an area of . With Demographics of Nigeria, ...
then moved to Santa Barbara in 1968 as a result of his fathers career. In the 1972–1973 school year Cole spent the year split between Ghana and Kenya. Cole graduated high school from the
Phillips Academy Phillips Academy (also known as PA, Phillips Academy Andover, or simply Andover) is a Private school, private, Mixed-sex education, co-educational college-preparatory school for Boarding school, boarding and Day school, day students located in ...
, a private boarding school in Andover Massachusetts. Herbert Cole, Lukes father, was an emeritus professor of art history at
UC Santa Barbara The University of California, Santa Barbara (UC Santa Barbara or UCSB) is a public land-grant research university in Santa Barbara County, California, United States. Tracing its roots back to 1891 as an independent teachers college, UCSB joined ...
. While his mother Alexandra Cole, was an architectural preservationist. Cole graduated with honors from
Stanford University Leland Stanford Junior University, commonly referred to as Stanford University, is a Private university, private research university in Stanford, California, United States. It was founded in 1885 by railroad magnate Leland Stanford (the eighth ...
in 1984 gaining a political science degree in the process. While at Stanford University Cole was a member of the Delta Upsilon fraternity. Cole graduated ''
cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'' from
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
in 1989. While at Harvard Law School Cole developed a reputation for his student activism. Cole and his wife Nancy Shelby, gave birth to Zane Shelby, who now is a computational research engineer at
MIT The Massachusetts Institute of Technology (MIT) is a private research university in Cambridge, Massachusetts, United States. Established in 1861, MIT has played a significant role in the development of many areas of modern technology and sc ...
for the Department of Brain and Cognitive Sciences. Cole died while on a sabbatical with his wife Nancy Shelby, who sustained an eye injury on June 6, 2009, in a car crash in Queen Elizabeth National Park,
Uganda Uganda, officially the Republic of Uganda, is a landlocked country in East Africa. It is bordered to the east by Kenya, to the north by South Sudan, to the west by the Democratic Republic of the Congo, to the south-west by Rwanda, and to the ...
. Cole's interest outside of law included ornothology (particularly in Africa), which was the reason for his 2009, trip to
Uganda Uganda, officially the Republic of Uganda, is a landlocked country in East Africa. It is bordered to the east by Kenya, to the north by South Sudan, to the west by the Democratic Republic of the Congo, to the south-west by Rwanda, and to the ...
.


Career

Between his undergraduate and law studies (1984–1987), Cole worked under
Ralph Nader Ralph Nader (; born February 27, 1934) is an American lawyer and political activist involved in consumer protection, environmentalism, and government reform causes. He is a Perennial candidate, perennial presidential candidate. His 1965 book '' ...
editing a consumer advocate newsletter. His father Herbert Cole described described this period as what "solidifed his affinity for the less fortunate of the world .... ndspurred him onto the law". In the fall of 1989, Cole would Co-found the Center on Race, Poverty, and the Environment with his longtime mentor and fellow environmental lawyer Ralph Abascal of
California Rural Legal Assistance California Rural Legal Assistance, Inc. (CRLA) is a 501(c)(3) non-profit legal service organization created to help California's low-income individuals and communities. CRLA represents all types of individuals and communities, including farmworke ...
. Cole also co-founded and edited the journal, ''Race, Poverty & the Environment'' with Carl Anthony''.'' From 1996 to 2000 Cole served on the United States
Environmental Protection Agency Environmental Protection Agency may refer to the following government organizations: * Environmental Protection Agency (Queensland), Australia * Environmental Protection Agency (Ghana) * Environmental Protection Agency (Ireland) * Environmenta ...
's, National Environmental and Justice Advisory Council

Cole taught courses in
environmental justice Environmental justice is a social movement that addresses injustice that occurs when poor or marginalized communities are harmed by hazardous waste, resource extraction, and other land uses from which they do not benefit. The movement has gene ...
at
UC Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California), is a public land-grant research university in Berkeley, California, United States. Founded in 1868 and named after the Anglo-Irish philosopher George Berkele ...
,
UC Hastings The University of California College of the Law, San Francisco (abbreviated as UC Law SF or UC Law) is a public law school in San Francisco, California, United States. It was known as the University of California, Hastings College of the Law (a ...
and
Stanford Law Stanford Law School (SLS) is the law school of Stanford University, a private research university near Palo Alto, California. Established in 1893, Stanford Law had an acceptance rate of 6.28% in 2021, the second-lowest of any law school in the c ...
.


Legal work


''El Pueblo Para el Aire y Agua Limpio v. County of Kings (1991)''

Cole served as a petitioner on the side of El Pueblo Para el Aire y Agua Limpio, who challenged the application of a permit to build a hazardous waste incinerator in Kettleman Hills of Kings County California. They alleged that the decision was based on invalid information. The invalid information pertains to, an environmental impact report claiming the incinerator complied with the California Environmental Quality Act, and that the project was consistent with Kings County general planning and zoning ordinance. With the use of a Final Subsequent Environmental Impact Report (FSEIR) the court discovered that the incinerator would contribute to air pollution of the San Joaquin Air basin, and the pollution could not be mitigated to a level of insignificance with the methods provided. The court also discerned that there is a strong emphasis on environmental decision making my local officials. This would include informing constitutants of environmental plans, which Kings County did not provide for Spanish speaking residents. The monolingual population of Kettleman is roughly forty percent Spanish, who were vocal in an effort to for participation in environmental decisions. The California Supreme Court sided with the citizens of Kettleman and filed an injunction for the permit.


South Camden Citizens v. New Jersey Department of Environmental Protection (2001)

On behalf of the citizens of South Camden New Jersey, Luke Cole and the Center on Race, Poverty and the Environment (CRPE) sued the New Jersey Department of Environmental Protection (NJDEP) on the basis of a disparate adverse impact of zoning, and air permits granted to St. Lawrence Cement Co. (SLC). Cole and the CRPE alleged violations of title VI section 601, of the
Civil Rights Act of 1964 The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
, by the NJDEP. The Citizens of South Camden argued that due to the direct impact of trucking routes through residential communities (200 Cement trucks a day), and the exposure to articulate matter, mercury, lead, manganese, nitrogen oxides, carbon monoxide, sulfur oxides, and volatile organic compounds emitted by the SLC's granulated blast furnace slag grinding facility, they unreasonably interfere with the enjoyment of their homes, and caused harm and is a nuissance. With witness testimony from a Dr.Hazen a scientist for the NJDEP, discovering the fact the NJDEP created a pollution screening test to find areas that are exposed to pollutants on the basis of geographic area and ethnic race, finding they were exposed to "above average" level of pollutants. With Dr. Hazen even saying "African Americans and Hispanic Americans… had more than average exposure to air toxics". The United States District Court in New Jersey ruled in favor of the South Camden Citizens, Cole, and the CRPE in 2001. This has been overturned (2006) due to a precedent set after that individuals did not have the right to bring a claim of anti-discrimination regulations, only the federal government.


Kivalina Relocation Planning Committee v. Teck Cominco Alaska Inc. (2009)

Cole represented the community of
Kivalina, Alaska Kivalina () is a city and village in Northwest Arctic Borough, Alaska, United States. The population was 377 at the 2000 census and 374 as of the 2010 census. The island on which the village lies is threatened by rising sea levels and coa ...
in their suit against Teck Cominco Alaska for alleged erosion and destruction of Kivalina's natural environment forcing the relocation of approximately 400 residents. Kivalina's (an Inupiat Eskimo village who is self-governing, and a federally recognized tribe) complaint alleges due to global warming, the reduction of arctic sea ice that protects the village from winter storms. Cole sought damages from 24 corporations under the federal common law of nuisance, the state law of nuisance Civil Conspiracy and Concert of Action, based on their alleged contribution to excessive emission of carbon dioxide, methane, and other greenhouse gases causing global warming. Plaintiff's alleged the cost of relocation would be a range of 95-400 million dollars. The case was dismissed from the U.S. District court, but was settled out of court and Teck Cominco Alaska Inc was called upon to stop depositing mining tailings into the Kivalina river and must build a pipeline to the ocean 50 miles away. Cole passed away while defending Kivalina in other related environmental cases.


Impact

In 2009 Stanford Law School opened the Luke W. Cole Professorship and Directorship of the Stanford Law Clinic , endowed by John and Marsha Kleinheinz, who were close friends of Cole. The professorship "will enable Stanford law to continue it's deep commitment to the advancement of clinical education and promote scholarship and teaching in public interest law." Cole co-founded the Center on Race, Poverty and the Environment as an 501(c)(3) Public Charity meaning its non-profit and for a specific charitable cause. The IRS NTEE codes used to classify the organization are, (R20) meaning "Civil Rights, Advocacy for specific groups", and (R01) meaning "Alliance/Advocacy organization".


Publications

* . * Cole, Luke; Glover, Steven; Terrill, Scott; Rogers, Michael (2005). Middle ''Pacific Coast, North American Birds.'' Colorado Springs: Volume 59, Issue 1.


Awards

* Environmental Leadership Award (1997) –
UC Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California), is a public land-grant research university in Berkeley, California, United States. Founded in 1868 and named after the Anglo-Irish philosopher George Berkele ...
's ''
Ecology Law Quarterly ''Ecology Law Quarterly'' is an environmental law review published quarterly by students at the UC Berkeley School of Law. The journal also produces ''Ecology Law Currents'', an "online companion journal designed to publish pieces on a more frequen ...
''. * Award for Excellence in Environmental, Energy, and Resources Stewardship (2009) –
American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...


References

{{DEFAULTSORT:Cole, Luke 1962 births 2009 deaths Harvard Law School alumni Road incident deaths in Uganda Stanford Law School faculty Stanford University alumni University of California, Berkeley faculty University of California College of the Law, San Francisco faculty 20th-century American lawyers 21st-century American lawyers American environmental lawyers