College of
Information Technology and Engineering
ES 660 –
Environmental Law
Course
Syllabus
Spring, 2002
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., Little, Brown and Company, 2000.
Selected Environmental Statutes, West Publishing Company, current edition.
Betsy Ennis Dulin, J.D., P.E.
Associate Dean and Associate Professor of Environmental Engineering
Marshall University CITE
(304)746-2087
Course Grading
Exam #1 50%
Exam #2 50%
100%
The examinations, a mid-term and non-comprehensive final, will be completed at home and turned in via e-mail, fax or in the CITE offices. They will each consist of multiple choice, short answer, and one essay question. Students are expected to attend class regularly and keep up with weekly reading assignments. Individual grades may be adjusted upwards based on meaningful participation in classroom discussions and exercises.
Tentative
Class Schedule
Spring, 2002
And
RCRA caselaw
February
5 RCRA regulations and
current developments
Land disposal ban and other
policies
February
12 Comprehensive
Environmental Response, Compensation and
Liability
Act (Superfund Act): liability issues
and caselaw
development
February
19 CERCLA - requirements for remediation/removal actions
State and
federal brownfields programs and other recent
developments
February
26 Introduction to Clean
Water Act: primary statutory
requirements,
including effluent limitations, water quality
standards and NPDES program
March
5 Clean Water Act –
cont’d: industrial pretreatment, Section
404
dredge/fill permits, current
issues
March
12 Environmental
enforcement issues – caselaw and policies
Legal issues
associated with environmental audits
March
19 Introduction to
Clean Air Act
March
26 Clean Air Act –
specific statutory programs and current issues
April
2 No class – spring break
April
9 Legal System’s
Approach to Management of Risk:
Examples –
Toxic Substances Control Act and
Safe
Drinking Water Act
April
16 National
Environmental Policy Act – provisions and
Procedure,
including EIS process
April
23 NEPA – a
sampling of the caselaw
April
30 Endangered
Species Act
May
6 Make-up day
Course
Policies/Procedures
Betsy Ennis Dulin, J.D.,
P.E.
Marshall University CITE
1.
Course Grading
In general, grades will be based on all examinations, homework, and other assignments, according to the course description sheet.
Letter grades will be determined by a standard 10% differential scale. However, adjustments may be made to the scale, as well as to test results, according to individual and collective class performance.
2. Homework
Frequency of homework assignments is dependent upon class content and type. Unless the instructor is notified in advance of any potential problems or conflicts, late homework may receive a grade deduction.
3. Makeup Exams and Other Coursework
Makeup exams will be given to those students who present, prior to the date of the examination, a satisfactory excuse to explain the absence. However, makeup examinations will be given only during normal working hours, except in the case of extraordinary circumstances. Efforts will also be made to accommodate students with respect to work-related traveling and associated issues. Tapes will be made of all video-linked class sessions, and made available for check-out by students at CITE offices. However, the availability of tapes should not be used as an excuse to miss class.
4.
Cheating
Cheating on any assignment or examination will result in failure of the course. Cheating is defined to include copying from other students, helping others on a test or quiz, and being in the possession of forbidden materials during examinations.
5. Attendance Policy
Unless specified for a particular course or class meeting, class attendance is not mandatory. However, excessive absences by class members may result in the adoption of an attendance policy during the course of the semester.