ES 661 – Environmental Regulation Wednesdays 6:50 – 9:10 pm

Professor: Stephanie R. Timmermeyer

Phone: (304) 926-0440 Email: stimmermeyer@wvdep.org

Course Description: Environmental Law is a pre-requisite for this course. This course will introduce graduate students to the American system of environmental regulation. A considerable amount of time will be spent on reviewing the basics of Administrative Law, how the three branches of government play a role in environmental regulation, and how those regulations get noticed, promulgated, and interpreted. Additionally, constitutional limitations on government regulation will be explored. The course will then primarily focus on air pollution and water pollution regulations with a cursory review of waste disposal regulations and enforcement issues. Current topics in each subject area will be examined with particular attention on West Virginia environmental rules and issues. Finally, the course will address the theory of environmental regulation and emerging regulatory trends as well as the viability of new methods of regulation.

Text: Environmental Law Handbook, Seventeenth Edition, Thomas F. P. Sullivan, Editor. Please note there will be additional reading requirements via handouts and the web.

Class Discussion: Students are expected to thoroughly read all assignments and be prepared to discuss the readings in class. There will also be in-class exercises required periodically.

Assigments: Each student will be assigned a briefing exercise which will comprise a short written and oral presentation to the class. The briefings will mirror real-world issues. A 3 page memo to the class along with an approximately 20-minute oral presentation will be required.

Mid-term Exam: A mid-term examination will be handed out on March 2 and will be due by the start of class on March 9.

Final Exercise: A final exercise will be distributed which will require students to write a written paper of approximately 5 pages that will integrate themes and theories discussed and read about throughout the semester. No further research will be required.

Grading: Class Participation: 80 points

Briefing: 40 points

Mid-Term Exam: 40 points

Final Exercise: 40 points

1	January 12	Introduction Discussion on Administrative Law
2	January 19	Administrative Law cont. Read Chapter 1 and the Lucas v. South Carolina Coastal Council Case, other handouts
3	January 26	Air Pollution Standards and Permits - NAAQS, SIPs, NSPS, NSR read Chapter 5, p. 213 - 238
4	February 2	Air Pollution Standards and Permits cont . . . - toxics, MACT, BACT, Title V Operating Permits, read Chapter 5 p. 239 – 260 - Assignment #1: NSR Review
5	February 9	Recent Air Pollution Regulatory Issues - Assignment #2: Non-Attainment County - Assignment #3: Emissions Trading
6	February 16	No Class
7	February 23	Water Pollution Standards and Permits - tech based standards, water quality based standards, NPDES permits, storm water permits Read Chapter 6 p. 279- 304 - Assignment #4 – Air Toxics Issue
8	March 2 (mid-semester)	Previous Class cont. and Recent Water Pollution Regulatory Issues - Assignment #5: TMDL Regulation Mid-term Exam handed out, discussed – due start of class, March 9
9	March 9	Video Presentation DEP Day at the Capitol
10	March 16	Waste Disposal Regulation Intro to RCRA Read Chapter 3 p. 123 – 160 - Assignment #6: Non-point Source Regulation
11	March 23	SPRING BREAK
12	March 30	Waste Disposal Regulation cont. WV Rules on Solid Waste Disposal, Landfill Permitting In-Class Exercise on Solid Waste Disposal - Assignment #7: DSE Exclusion
13	April 6	USTs Read all of Chapter 4 - Assignment #8: TSD
14	April 13	Enforcement In-Class Exercise on Enforcement Scenario
15	April 20	The Future of Environmental Regulation - away from command-control - risk-based standards - sustainability - market-based approaches Final Exercise handed out and discussed – due to Professor via hand-delivery or email by 5 p.m. April 27.