Finals
The last of the final presentations finished yesterday morning. The finals were broken up into a multipart process. First, students read a fact patter Jared and I created. Here is what they were faced with:
The Tennessee Valley Authority (TVA) is a federal-owned public power company and regional economic development agency whose purpose is to improve navigation, control flooding, and provide electricity to the Tennessee Valley region. Due to the ever-growing population of Tennessee, the TVA has undertaken a new project just outside the city of Knoxville, where they intend to build a new energy facility (facility) near the Tennessee River. This facility is expected to be built on land recently purchased by the TVA, formerly referred to locally as the Claypatch Wetlands, and is currently registered as a wetland through the Tennessee Department of Conservation (TDEC) Wetland Screening Tool. The Wetland Screening Tool is a technical app used to determine where wetlands are likely to occur. Notably, this app clarifies that it does not definitively confirm the presence or absence of jurisdictional wetlands specifically. The facility is a continuation of a project to replace retired coal plants across the region with new energy facilities.
The Claypatch Wetlands work as an overflow repository for the Tennessee River during periods of heavy rainfall, in which the Tennessee River flows into the wetlands as a sink, and that water slowly flows back to the River through underground systems. During this time, surface water flows in such a way that establishes a connection between Claypatch Wetland and the Tennessee River. However, for the remainder of the year, there is no surface connection between the two, and the remaining flow is estimated to occur purely through connected groundwater systems.
Notably, the Claypatch Wetland is also home to the Claymire Catfish, a subspecies of catfish that is known across the world to only exist within this wetland. The Claymire Catfish makes its home in small burrows it forms at the bottom of the wetland and is known only to survive in the specific clay soils of Tennessee waters. The Claymire Catfish also draws in a considerable amount of “extinction tourists,” people who travel to specifically see rare wildlife across the globe, and many small towns outside of the Claypatch Wetlands derive a not insignificant amount of income from parties looking to see the creatures.
As a result of this projected construction, several dozen local business owners and community members have formed a small coalition called the “Tennesseeans Against TVA” or TAT. Members of TAT have closely followed the progression of TVA’s construction plans around the Claypatch Wetlands and posted comments on an Environmental Impact Statement (EIS) about their concerns with the Claymire Catfish being listed as an endangered species whose existence would be jeopardized by the construction of the facility or at least have its habitat destroyed in the process. TAT also placed several comments regarding the Clean Water Act (CWA) and Endangered Species Act (ESA) issues.
TVA made a final determination to move forward with the project, sending TAT a denial letter of their concerns. TVA made plans to start construction in 60 days.
Plaintiffs: TAT retained you to sue TVA for the CWA and ESA issues.
Defendants: TVA retained you as outside counsel to defend them.
Plaintiffs filed suit, Defendants responded with a 12(b)(6) motion to dismiss for failure to state a claim.
Parties are scheduled for oral arguments on the two issues disputed on the motion to dismiss.
Once they familiarized themselves with the situation, they were separated into four groups of three; two plaintiff groups and two defendant groups. We split them up with a random generator from the internet in the spirit of fairness and impartiality. Then, the students engaged in “discovery,” where they were able to add to the fact pattern with supporting content for their side, based on what we learned was persuasive from the case readings. After a week of prepping their facts, they exchanged their discovery with their opposing counsel. Each group had a class workday to prepare with their group, as well as out of class meeting times. There were two plaintiff and defendant pairs, and so each presented on a separate day.
The experience was nothing short of astonishing. Each student entered the arena thoroughly researched, impeccably prepared, and remarkably articulate. They transformed our classroom into a bustling legal forum, armed not merely with data, but with compelling arguments that captivated everyone present.
Initially, I was a whirlwind of nerves, because I was unsure if I adequately prepared them for the task ahead, and wondered if I should anticipate some less than stellar performances. My advisor, Professor Jacobs, had voiced concerns that our material might be overly complex for them. But, they proved us wrong. They approached each legal issue with the precision expected of seasoned attorneys, deftly outlining the facts, legal principles, and governing statutes we had meticulously studied throughout the semester.
Observing them felt akin to being a proud parent at a science fair. They eloquently drew parallels between the issues at hand and cases we had dissected together, establishing connections as if it were second nature. Their expertise in statutory interpretation was evident; they navigated the statutory texts well, throwing in terms like “plain language” and “congressional intent” like they had studied for years and not just a few months.
By the conclusion of their presentations, I found myself utterly speechless. They transcended mere success; they redefined what it means to excel in the classroom. It was one of those rare, enchanting moments when a teacher realizes their students have not only comprehended the material but have transformed it into something uniquely their own, demonstrating their intellect and passion in a manner that exceeded all expectations. They didn’t just excel; they elevated the entire process into a sophisticated art form. I felt so proud, and when a few students gave us cards and gifts at the end, I couldn’t help but shed a few tears.
