Environmental Law

6430 Environmental Law (2 or 3)   Glicksman

Philosophical foundations, common law roots, and constitutional framework of U.S. environmental law. Major statutes dealing with endangered species, clean air, clean water, environmental impact assessment, and hazardous waste cleanup. Statutory objectives and regulatory strategies of these efforts and their relative effectiveness. Decision making in the face of scientific uncertainty, the role of cost–benefit analysis, and the relative distribution of environmental burdens and pursuit of environmental justice. Alternatives to conventional regulatory approaches. Not for credit toward an LL.M. in environmental law. (Examination or take-home examination)

6431   Wildlife and Ecosystems Law (2 or 3)   Eddy, Liebesman

In-depth study of the complex body of laws that protect or regulate wildlife, including laws that protect ecosystems and the habitats in which wild animals live. The course addresses more than two dozen wildlife-specific federal laws and their accompanying regulations, similarly intricate state law schemes, federal and state civil and criminal enforcement, constitutional and tribal issues that arise in wildlife cases, and a vivid common law history that stretches across several centuries. (Examination)

6432   Air Pollution Control (2 or 3)   M. Morrison

An in-depth analysis of the Clean Air Act. Topics include the history of air pollution control, air quality planning, standard setting, technology-based controls, incineration, indoor air pollution, permitting, and control of electrical utilities. (Examination or take-home examination)

6434   Water Pollution Control (2)   Downing

Introduction to water pollution control and the Clean Water Act, with emphasis on water quality requirements and policies affecting industrial, municipal, and agricultural/development interests. Related federal laws and policies involving wetlands, watersheds, coastal pollution, oil spills, groundwater, and safe drinking water. (Examination)

6435   Trade and Sustainable Development (2)   DiLeva, Petsonk

Overview of the major environmental treaties and other legal and institutional frameworks at the intersection of international trade issues and sustainable development efforts. Examination of the frequently conflicting views of judicial and quasi-judicial bodies, policymakers, and issue advocates. Emphasis on developing the theoretical bases and practical skills to address issues of trade and sustainable development that arise in governmental, private sector, and NGO practice, and effective legal strategies for addressing those issues on behalf of a wide range of clients. (Research paper)

6437   Coastal, Navigation, and Wetlands Resource Law (2)   Wood

Federal statutory and constitutional law governing the development, regulation, and protection of the waters of the United States, including wetlands. Focus on federal and state regulation and protection of wetlands and other aquatic resources, with special emphasis on Clean Water Act Section 404. Other topics include the evolution of federal authority over the navigable waters of the United States; legal issues involved in the planning, construction, and operation of federal water resource development projects by federal and state agencies (i.e., for navigation, flood control, hydropower, water supply, etc.); the federal navigation servitude; the Coastal Zone Management Act; the Marine Protection, Research, and Sanctuaries Act (i.e., the “Ocean Dumping Act”); the London Dumping Convention; and “regulatory takings.” (Examination)

6438   Energy Law and Regulation (2)   Sheridan, Yaffe

Survey of the law and regulation of energy production, distribution, and use. Topics include fuel production, electricity and natural gas utility regulation, nuclear and hydroelectric facility regulation, renewable energy, energy efficiency, and energy tax policy and financial incentives. Legislation and regulations developed in response to climate change concerns. (Writing assignments and class participation)

6439   Energy and the Environment (2)   Finken, Jacobson, Nordhaus, D. Smith

Legal and policy issues at the intersection of energy and environmental law. Petroleum consumption, energy efficiency, clean air, renewable energy, nuclear energy, facility siting, and project finance. (Class presentation and research paper)

6440   Natural Resources Law (2 or 3)   Finken

Introduction to federal public lands (BLM lands, national forests, national parks, and national wildlife refuges) and the legal issues related to their multiple resource uses—forestry, mining, water, recreation, wildlife, endangered species, and wilderness. Principles of federal and state authority over these lands. Administrative law and practice governing land-management agency decision making and litigation challenging such decisions. Focus on topical case studies, statutory materials, and case law. (Take-home examination)

6442   Control of Solid and Hazardous Wastes (RCRA & CERCLA) (2 or 3)   Boxerman, Mounteer

Principal federal statutes governing the management and cleanup of hazardous substances and waste. Site and remedy selection processes, liability regime, and government and private enforcement rights under the Superfund statute. Rules for identifying industrial and commercial waste as hazardous; treatment, storage, and disposal standards; regulation of recycling; and operation of underground storage tanks. (Take-home examination)

6443   Oil and Gas Law (2)   Tice

Overview of oil and gas law, from its traditional roots in the common law of property and contract to more recent developments in administrative law and regulations. Topics include ownership and the rule of capture, correlative rights, geophysical trespass, leasing and implied covenants, royalties, land use regulation and compulsory pooling, oil production limits and cartels, environmental regulations, oil spill investigation, offshore drilling, and hydraulic fracturing. (Examination)

6444   Regulation of Toxic Substances Risk (2 or 3)   Glicksman

Government regulation of the production and use of toxic substances and the management of hazardous waste. The basic analytical processes of risk assessment and risk management; common law approaches to reducing risks from management of toxic substances; and precautionary legislation. Emphasis on federal legislation, including the Toxic Substances Control Act; the Federal Insecticide, Fungicide, and Rodenticide Act; the Safe Drinking Water Act; provisions of the Federal Food, Drug, and Cosmetic Act; the Resource Conservation and Recovery Act; and selected aspects of the Comprehensive Environmental Response, Compensation, and Liability Act. (Take-home examination)

6449   Environmental and Toxic Torts (2)   Hicks, McNamara

The use of common law and statutory remedies to compensate those experiencing personal injuries or economic harm caused by exposure to toxic products or toxins in the environment. Topics covered include novel and emerging theories of recovery (e.g., medical monitoring), class actions/mass torts, preemption, and methods of proving scientific causation. (Research paper or take-home examination)

6450   Federal Facilities Environmental Law Issues (2)   Borro

Analysis of the legal framework governing environmental law compliance at federal facilities. Review of a wide range of environmental, fiscal, and other laws that uniquely regulate federal installations and operations. Topics include the National Environmental Policy Act, statutes governing management and conservation of federal property, expenditure of federal funds, public involvement in federal environmental decision making, federal–state sovereignty issues, federal agency litigation, and professional responsibility issues. Prerequisite or concurrent enrollment: Law 6432, 6434, and 6442. (Problem assignments)

6452   Environmental Issues in Business Transactions (2 or 3)   Mounteer

Focus on applied environmental law. Emphasis on environmental compliance counseling, identifying environmental issues in business and real estate transactions, and drafting techniques to avoid environmental problems. Topics include environmental audits, securities disclosure issues, green advertising, criminal liability for officers, environmental liability for purchase of stock and corporate assets, lender liability, and partnership liability. Prerequisite: any environmental law course. (Take-home examination)

6454   International Environmental Law (2 or 3)   Pendergrass

The treaty negotiation process, role of international institutions in developing and implementing environmental agreements, relationship between environmental law and international issues, developing countries’ perspectives on environmental issues, and social and cultural changes that affect the implementation of environmental law. Issues covered include climate change, export of hazardous waste, deforestation and biodiversity, Antarctica, and environmental concerns in war, human rights, and development financing. (Examination)

6455   International Climate Change Law (2 or 3)   Freestone

Analysis of the legal regimes created by the United Nations Framework Convention on Climate Change (UNFCCC) and by the Kyoto Protocol. Carbon finance and trading mechanisms created by Kyoto and national and regional schemes to assist parties to the treaty in meeting their obligations. Forest carbon sequestration schemes, structure and legal aspects of carbon finance transactions, and the drafting of carbon agreements. Proposals for federal legislation and emerging state and voluntary carbon credit schemes in the United States. Potential conflicts with WTO law and proposals for a successor regime to Kyoto post–2012. (Take-home examination)

6457   Sustainable Regional Growth Seminar   Benfield, Schilling

Focus on the emerging field of smart growth—regional development that takes into account economic, environmental, and social considerations.  Factors influencing sprawl; urban trends in the U.S. and abroad; and new legal and interdisciplinary approaches to promote comprehensive planning, urban redevelopment, and regional competitiveness. (Research paper)

6458   Environmental Negotiations (2)   Juni

Negotiation and alternative dispute resolution theories and processes, focusing on complex environmental disputes and transactions involving multiple parties and scientific or technical issues. Students participate in negotiation and mediation exercises both in and outside of class, using diagnostic and other tools useful for pre-negotiation preparation, mid-negotiation analysis, and post-negotiation evaluation of proposed agreements or deadlock. Prerequisite: completion of at least 6 credits of environmental law courses or permission of the instructor. Credit may not be earned for both Law 6458 and 6648. (Simulation and short papers) (Skills)

6459   Atomic Energy Law (2)   Abernathy, L. Brown

The evolution of the Atomic Energy Act, the regulatory structure for non-military nuclear materials, federal and state law related to nuclear waste; waste transportation; the contrasting stories of two deep geologic permanent waste repositories (Waste Isolation Pilot Plant [WIPP] and Yucca Mountain); the dilemma posed by nuclear wastes having no disposal pathway; the law and policies to avert nuclear terrorism; and compensation when the unexpected happens. (Class presentation and research paper)

6460   Environment and Energy Policy Practicum (2)   Paddock, Wentz

Students conduct in-depth law and policy development work on behalf of environmental or energy nonprofit organizations or government agencies, working closely with the client organization or agency to research one, or perhaps two, substantial policy issues during the semester. The research is expected to lead to rule comments, a white paper, policy recommendations, draft legislation, revised organization procedures, or other similar policy outcomes. Students regularly meet with faculty supervisors to discuss project developments. Corequisite: Law 6469. Students are evaluated with a letter grade based on the written work product for the client organization or agency. Enrollment is limited. (Skills)

6464   Environmental Crimes (2)   Dighe, Morgulec

Focus on crimes under various federal environmental statutes, including the interplay of statutory and regulatory provisions that define such crimes, development of investigations and prosecutions, the rationale for criminal sanctions for certain environmental violations, and salient policies and issues associated with environmental crimes. Prior experience with environmental law from either an academic or practical perspective is recommended. (Examination)

6465   Environmental Crimes Project (1 or 2)

Focus on litigation and legislative projects relating to environmental crime. Students work on federal or state legislation to enhance both the existing environmental criminal laws and the resources available for their enforcement. Students also work with the instructor on developing environmental criminal cases around the country. Prerequisite: Law 6430. The instructor’s approval is required for enrollment. Students may enroll concurrently in this course and Law 6668 only with permission of both instructors. This course is graded on a CR/NC basis. (Writing and project assignments) (Skills)

6466   Environmental Law Seminar (2)   Eastwood, Fulton, Malyshev

Selected topics in environmental law to be announced at the time of registration. May be repeated for credit provided the topic differs. Enrollment is limited. (Research paper)

6467   Environmental Legislation Project (1, 2, 3, or 4)   Turley

Open to second-, third-, and fourth-year students with permission of the instructor. Legislative research and drafting projects related to environmental issues. Students work under supervision of the instructor in conjunction with federal and state legislators and committees to draft specific bills or background papers for congressional committees or state bodies. Enrollment is limited. A grade of H, P, LP, or NC is given for this course. Prerequisite or concurrent registration: Law 6430. Students may enroll concurrently in this course and Law 6668 only with permission of both instructors. (Skills)

6468   Graduate Environmental Placement (1, 2, 3, or 4)   Paddock

The student works on a project in the environmental law field under the supervision of both the faculty director of the program and a lawyer practicing environmental law. The project may involve working with a government agency, a congressional committee, a private practitioner, or a nonprofit public-interest environmental organization. Admission to the course is limited to LL.M. students with permission of the environmental law program director. Students may earn no more than a total of 4 credit hours for this course. This course is graded on a CR/NC basis. Five hours of work per week are required for each credit.

6469   Environmental Lawyering (1 or 2)   Paddock, Wentz

The role of the lawyer in representing government agencies and nonprofit organizations in the fields of environmental and energy law, with specific emphasis on public policy formation and interactions with regulated entities and the public. Environmental regulation, advanced environmental legal research, ethical concerns related to the practice of public interest law, client counseling and negotiations skills, the art of commenting on regulations and legislative drafting, the role of state and local governments in environmental protection, and the basics of environmental transactions. This course is corequisite for students enrolled in Law 6668 who have an environmental placement, as determined by the assistant dean for field placement; it is also corequisite for students enrolled in 6460. (Writing assignments)

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