ES 660 –
Environmental Law
Course
Syllabus
The course serves as an introduction to all major federal environmental legislation and related state programs. Specifically, course coverage includes the Clean Water Act, Clean Air Act, Comprehensive Environmental Response, Compensation and Liability Act, Resource Conservation and Recovery Act, Toxic Substances Control Act, Safe Drinking Water Act, Endangered Species Act, and the National Environmental Policy Act. Interpretation, implementation, and practical effects of environmental laws will be examined and discussed.
Upon completion of the course, students should be able to: identify and interpret environmental statutes; understand judicial interpretations of statutory provisions; identify environmental legal issues associated with fact patterns; perform basic research on internet and other readily available sources of environmental laws and regulations; demonstrate a basic understanding of administrative, legislative, and judicial structures and procedures; apply legal concepts to specific fact scenarios.
Percival et al., Environmental Regulation: Law, Science, and Policy, 3d ed., Aspen Law & Business, 2000.
Michael C. Castle, J.D., M.B.A
Home: 304-757-9801
Cell: 304-389-0929.
Course Grading
In general, grades will be based on all examinations and other assignments, according to the course description sheet. A standard 10% differential scale will determine letter grades. However, adjustments may be made to the scale, as well as to test results, according to individual and collective class performance. Following is the make-up of the final grade:
Attendance: 10%
Assigned cases: 20%
Class participation: 10%
Mid-term (take home) 30%
Final (take home) 30%
100%
Attendance: 10%
Students are expected to attend class regularly and keep up with weekly reading assignments. Ten percent of the student’s final grade is based upon attendance. The first absence is free and every absence after that will result in a deduction of 3.33%. A student may be able to recover these deductions by briefing additional cases or other research, as agreed to by the instructor.
Assigned Cases: 20%
Discussion of cases, contained in the textbook, will be the primary method of instruction. During the semester, each student will be assigned a minimum of 2 cases to brief and lead the class in its discussion of the cases. A format for briefing the cases will be provided as a guideline.
Environmental law raises some of the most interesting issues of public policy. Interaction provides a means for raising these issues and gaining a better understanding of the development and evolution of the various environmental regulations. Students will be called upon during class to provide input into the discussions.
Exams: 60%
Two take home exams will be given during the semester. Each exam is worth 30% and will cover material presented up through the last class before the exam. The second exam will cover material presented after the first exam (the final exam is not comprehensive). Exams will include both essay and short answer/multiple choice questions. Exams must by typewritten.
Completed take home exams are due 1 week from the day the exam is handed out. One letter grade will be assessed for leach day the exam is late.
Cheating:
Cheating on any assignment or examination will result in failure of the course. Cheating is defined to include copying from other students and helping others on a take home exam, unless the exam is given as a group or team exam.
Class schedule:
There is much more in the casebook than can be taught in a 3-credit, one semester course. This course is intended to introduce students to virtually all of the major subject matter areas of environmental law. This approach, due to time limitations, seeks to provide broad coverage of the major areas and precludes in depth coverage of these issues. The following schedule attempts to cover these major areas but may be subject to change in order to spend more time on key issues.
There may be times when a conflict will force the cancellation of a class. If a cancellation is necessary, options include extending remaining classes or adding a make-up class. Students will have input on these options.
DATE TOPICS PAGES
January 14: (
Class 1: Introduction
· Policies, Problems, and Values 1-30
· Economics and Ecology 30-69
January 21: (Marshall Campus)
Class 2: Environmental Law: A Structural
Overview
· Common Law Roots 71-101
· Regulatory Legislation 101-133
· Approaches to Regulation: Assessing
the Options 133-167
· The Regulatory Process 167-191
January 28: (
Class
3: Waste Management and Pollution Prevention
· Waste Mgt & Pollution Problems 193-199
· Statutory Authorities Affecting Waste
Management, Introduction to RCRA 200-232
· Identifying Hazardous Waste, Household Waste
Exclusion, Subtitle D 232-263
February 4: (Marshall Campus)
Class
4: Waste Management and Pollution Prevention (cont)
· The Search for Disposal Alternatives 330-372
· The Toxic Substance Problem 373-382
· Statutory Authorities for Regulating
Toxic Substances 382-387
· Uncertainty& the Dilemma of
Preventative Regulation 387-453
February 11: (
Class 5: Regulation of Toxic Substances
· Introduction to CERCLA, CERCLA
Liability, Responsible Parties 263-330
· How Safe is “Safe”? 453-515
February 18: Marshall Campus)
Class
6: Regulation of Toxic Substances (cont)
· Alternatives to Conventional Regulatory
Approaches 516-538
· Regulatory Legislation 120-133
· Approaches to Regulation: Assessing
the Options 133-167
· The Regulatory Process 167-191
February 25: (
Hand
Out Mid-term exam Due back March 4 ( through class 7)
Class
7: Air Pollution Control
· The Air Pollution Problem 539-543
· The Clean Air Act: Basic Problems 543-551
· National Ambient Air Quality Standards 551-570
· Implementation: 570-590
· Transboundary Air Pollution: 590-604
· Mobile Source Controls: A
Technology-Forcing Venture 604-622
March 4: (
Class 8: Water
Pollution Control (SMCRA
backdrop)
· Water Pollution Control Problems 623-631
· Statutory Authorities for Protecting
Water Quality 631-661
· Effluent Limitations on Point Source Discharges 661-699
· Wetlands Protection and the § 404 Program 734-751
March 11: (
Class 9: Water Pollution Control (con’t)
· Water Quality-Based Controls:
The Regulatory “Safety Net” 699-734
· Future Directions in Water Pollution Control:
Protection and Effluent Trading 752-758
March 18: (Marshall Campus)
Class 10: Land Use Regulation and Regulatory Takings
· Land Use and the Environment 759-762
· Fed. Programs Affecting Land Use Mgt. 762-769
· Land Use Regulation by State & Local Gvts. 769-780
· Land Use Controls and Regulatory Takings 780-837
March 25: (
Class 11: Environmental Assessment & Biodiversity Protection
· The National Environmental Policy Act 839-905
April 1: (Marshall Campus)
Class 12: Environmental Assessment & Biodiversity Protection (cont)
· Preservation of Biodiversity 906-983
April 8: (
Exam
coverage class 8-class 13
Class
13: Environmental Enforcement M
Zeto &
· Monitoring & Detecting Violations 985-996
· Enforcement Authorities & Policies 996-1010
· Criminal Enforcement 1010-1029
· Standing & Citizen Access to the Courts 1029-1056
· Citizen Suits 1056-1092
· Enforcement Against Federal Facilities 1092-1096
April 15: (Marshall Campus)
Class 14: Protection of the Global Environment
· Case studies
· Introduction to Int’l Environmental Law 1097-1112
· Protection of the Global Environment 1112-1145
· International Trade & the Environment 1145-1182
· Compliance & Enforcement 1182-1191
· Compliance & Enforcement 1191-1195
· Future Directions for Int’l Environmental Law 1195-1202
April 22: (
Class 15: Environmental Progress and Prospects
· Environmental Progress 1203-1212
· Environmental Prospects 1212-1236