Sustainability Ecology Policy: Environmental Law

An introduction to the dynamic and interdisciplinary field of environmental law in the United States. Examines the history of federal and state involvement in environmental decision-making and the most critical environmental problems we face today, including issues related to air and water pollution, biodiversity protection, and climate change. Prerequisites: NR 2040, POLS 1013, or POLS 1300; minimum Junior standing.

Prereq enforced by the system: NR 2530; Minimum Junior standing Open to Degree and PACE students.

Course Description: This course is an introduction to the dynamic and interdisciplinary field of environmental law in the United States. Students will examine the history of federal and state involvement in environmental decision-making and the most critical environmental problems we face today, including issues related to air and water pollution, biodiversity protection, and climate change. Students will begin to understand and critically assess the dynamic relationships between statutes, regulations, and caselaw that are critical to the resolution of these issues. We will examine the common law foundations of environmental law and the evolution of statutory controls and direct regulations. Students will explore some of the major federal environmental statutes, including the Clean Water Act, Endangered Species Act, Clear Air Act, and National Environmental Policy Act. Students will develop a deeper understanding of administrative rulemaking processes and the role of agencies in environmental regulation. We will also start to develop important skills, such as reading statutes and judicial opinions, writing legal memoranda, and critically evaluating the impact of environmental regulatory regimes. Learning Outcomes: By the end of this course, students should be able to: • Identify and explain the potential drivers of environmental law and policy, including the different theoretical frameworks for environmental regulation. • Describe the concept of federalism and assess the role federalism plays in the structure and function of environmental laws. • Describe and discuss the role of the three branches of government in creating, implementing, administering, interpreting, and enforcing environmental policies. • Distinguish between common law, statutory law, and regulatory mechanisms for environmental protection. • Read and summarize a legal case and assess the impact of the court’s decision. • Read and analyze environmental statutes and regulatory rules. • Distinguish between the structure and function of several major environmental statutes and critically assess their overall efficacy. • Summarize the basic tenants of administrative law and assess the role of agencies in environmental regulation. • Describe how public standing is used to bring environmental concerns to the courts, and assess contemporary standing issues related to climate change. • Reflect on the evolution of environmental law over time and argue for which policies will best address current and foreseeable future environmental problems. • Integrate several different facts, theories, and ideas into a coherent policy recommendation. • Demonstrate essential legal writing skills and produce concise, cogent legal memoranda.