Environmental Law Syllabus - Spring 2021
Professor Johnson
Professor Johnson
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Attendance: If a student accumulates more than 6 unexcused absences during the semester, the student will not pass the course. (This may be modified if necessary to provide accommodations due to COVID-19).
Preparation: Class participation will be considered in grading.
Technology: The abuse of technological devices can be distracting to you, to your classmates, and to me, and can undermine the classroom experience for everyone. To this end, please refrain from displaying wallpaper, screen savers, or other material on your computer screen that may reasonably be expected to offend or distract your classmates. Please refrain from e-mailing, checking email, and messaging during class and limit web surfing to material related to the class. Please let me know if a classmate disregards these rules and is hindering your ability to learn.
Note-taking: Resist the temptation to take down everything that is said in class. Instead, process what is being discussed and be selective. Don’t let note-taking interfere with your thinking about what is being discussed.
Mercer University Health and Safety Protocols for Spring 2021 Semester in light of COVID-19 are linked here.
Preparation: Class participation will be considered in grading.
Technology: The abuse of technological devices can be distracting to you, to your classmates, and to me, and can undermine the classroom experience for everyone. To this end, please refrain from displaying wallpaper, screen savers, or other material on your computer screen that may reasonably be expected to offend or distract your classmates. Please refrain from e-mailing, checking email, and messaging during class and limit web surfing to material related to the class. Please let me know if a classmate disregards these rules and is hindering your ability to learn.
Note-taking: Resist the temptation to take down everything that is said in class. Instead, process what is being discussed and be selective. Don’t let note-taking interfere with your thinking about what is being discussed.
Mercer University Health and Safety Protocols for Spring 2021 Semester in light of COVID-19 are linked here.
Assignments by Week:
Week 1:
Tuesday, January 19: Environmental Philosophies and Values: Read Pages 3-7; Related Web Sites
Wednesday, January 20: Economics and Ecology: Read Pages 29-32; 41-43; 52-56; Questions to Think About
Thursday, January 21: Common law actions: Read Pages 65-67; 72-80; Related Web Sites
Week 2:
Tuesday, January 26: Common law actions: Read Pages 80-93
Wednesday, January 27: Public Law: Read Pages 104-116; 127-132; Related Web Sites
Thursday, January 28: Public Law (continued)
Week 3:
Tuesday, February 2: Regulation and its alternatives: Read Pages 142-147; 154-158; Hypothetical; Related Web Sites
Wednesday, February 3: Regulation and its alternatives (cont.): Read Pages 158-161; 33-37
Thursday, February 4: Basic Principles of Administrative Law: Administrative Law Chapter of Wetlands Book, Read Pages 1-16; CALI on the Basic Structure of the Federal Administrative Procedure Act (as preparation for this class). - Run the lesson from https://www.cali.org/lessonlink/366/ADM06/7489/jq; Related Web Sites
Week 4:
Tuesday, February 9: Basic Principles of Administrative Law: Administrative Law Chapter of Wetlands Book, Read Pages 16-24; Skim U.S. v. Mead
Wednesday, February 10: Endangered Species: Part I: Read Pages 1004-1013; 1029-1036; Skim pp. 999-1004;
Related Web Sites
Thursday, February 11: Endangered Species: Part II: Northern Spotted Owl v. Hodel; Read Pages 1040-1042
Week 5:
Tuesday, February 16: Endangered Species: Part III: Read pages 1059-1074
Wednesday, February 17: NEPA: Read Pages 911-914; 921-927; 943-962; Related Web Sites
Thursday, February 18: Judicial Review and Standing: Read Pages 116-127; 1156-1159; Hypotheticals
Week 6:
Tuesday, February 23: Standing (cont.): Read Pages 1159-1172; Skim pp. 1172-1179
Wednesday, February 24: Environmental Justice: Handouts; Read Pages 17-27; Related Web Sites
Thursday, February 25: Environmental Justice (cont.): Handouts; Landfill Hypothetical
Week 7:
Tuesday, March 2: Environmental Justice (cont.): Handouts; Read text pp. 507-515; 27-29 (Mercury Problem)
Wednesday, March 3: Introduction to RCRA: Read Pages 356-368; Skim sections 2002 [42 USC 6912], 3006 [42 USC 6926], 3009 [42 USC 6929] and 7006 [42 USC 6976] of RCRA; Related Web Sites
Thursday, March 4: The definition of solid waste under RCRA: Read Pages 368-380; Skim 40 C.F.R.sections 261.1 and 261.4.; Related Web Sites; CALI on "RCRA Solid Wastes" (Do the RCRA CALI after this class). Run the lesson from https://www.cali.org/lessonlink/757/ENV08/7489/jq
Week 8:
Tuesday, March 9: Identifying Hazardous Waste: Read Pages 381-386; Shell Oil handout; Related Web Sites
Wednesday, March 10: Identifying Hazardous Waste (cont.): Read Pages 386-396
Thursday, March 11: RCRA Subtitle D; Introduction to CERCLA: Read Pages 403-407; 409-415; Related Web Sites
Week 9:
Tuesday, March 16: Responsible Parties under CERCLA (Owners/Operators): Read Pages 419-426
Related Web Sites
Wednesday, March 17: Responsible Parties under CERCLA and response costs: Read Pages 435-447
Skim CERCLA sections 104(i) [42 USC 9604(i)]; 107(a)(4) [42 USC 9607(a)(4)]; 107(e) [42 USC 9607(e)]; and 107(f) [42 USC 9607(f)]; Related Web Sites
Thursday, March 18: Class cancelled
Week 10:
Tuesday, March 23:Liability under CERCLA: Read Pages 449-458
Wednesday, March 24:Liability under CERCLA (cont.): Read Pages 463-480; CALI on "Superfund Basics" (Do the CALI after this class). Run the lesson from https://www.cali.org/lessonlink/519/ENV02/7489/jq; Related Web Sites
Thursday, March 25: Introduction to the Clean Water Act: Read Pages 665-673; 801-803; Related Web Sites
Clean Water Act Permit
Week 11:
Tuesday, March 30: In Class Assignment - Petition for Review
Wednesday, March 31: Effluent standards under the Clean Water Act: Read Pages 696-697; 714-729
Thursday, April 1: Effluent standards under the Clean Water Act: Read Pages 733-746; Related Web Sites
Week 12:
Tuesday, April 6: Water quality standards: Read Pages 746-749; 751-758; 772-773
Wednesday, April 7: Wetlands: Part I: Read Pages 786-788; 696-704; 795-801; Related Web Sites
Thursday, April 8: Wetlands: Part II: Read Pages 673-678; 683-696; Skim 679-682
Week 13:
Tuesday, April 13: Wetlands permitting and "takings" issues: Skim text pp. 832-840; Read 840-853; CALI on "Wetlands" (Do the Wetlands CALI after this class). Run the lesson from https://www.cali.org/lessonlink/520/ENV03/7489/jq
Wednesday, April 14: Enforcement of Environmental Laws; Read Pages 1085-1090; 1098-1101; 1107-1112; 1120-1123;
Related Web Sites
Thursday, April 15: Enforcement of Environmental Laws (cont.): Read Pages 1139-1141; 1147-1156; 1189-1191
Week 14:
Tuesday, April 20: Enforcement of Environmental Laws (cont.): Read Pages 1197-1203; Skim 1191-1196
Wednesday, April 21: Exam Review: Environmental Law Exam to Review
Thursday, April 22: Class cancelled
Exam Period:
Wednesday, May 5: Final Exam
Week 1:
Tuesday, January 19: Environmental Philosophies and Values: Read Pages 3-7; Related Web Sites
Wednesday, January 20: Economics and Ecology: Read Pages 29-32; 41-43; 52-56; Questions to Think About
Thursday, January 21: Common law actions: Read Pages 65-67; 72-80; Related Web Sites
Week 2:
Tuesday, January 26: Common law actions: Read Pages 80-93
Wednesday, January 27: Public Law: Read Pages 104-116; 127-132; Related Web Sites
Thursday, January 28: Public Law (continued)
Week 3:
Tuesday, February 2: Regulation and its alternatives: Read Pages 142-147; 154-158; Hypothetical; Related Web Sites
Wednesday, February 3: Regulation and its alternatives (cont.): Read Pages 158-161; 33-37
Thursday, February 4: Basic Principles of Administrative Law: Administrative Law Chapter of Wetlands Book, Read Pages 1-16; CALI on the Basic Structure of the Federal Administrative Procedure Act (as preparation for this class). - Run the lesson from https://www.cali.org/lessonlink/366/ADM06/7489/jq; Related Web Sites
Week 4:
Tuesday, February 9: Basic Principles of Administrative Law: Administrative Law Chapter of Wetlands Book, Read Pages 16-24; Skim U.S. v. Mead
Wednesday, February 10: Endangered Species: Part I: Read Pages 1004-1013; 1029-1036; Skim pp. 999-1004;
Related Web Sites
Thursday, February 11: Endangered Species: Part II: Northern Spotted Owl v. Hodel; Read Pages 1040-1042
Week 5:
Tuesday, February 16: Endangered Species: Part III: Read pages 1059-1074
Wednesday, February 17: NEPA: Read Pages 911-914; 921-927; 943-962; Related Web Sites
Thursday, February 18: Judicial Review and Standing: Read Pages 116-127; 1156-1159; Hypotheticals
Week 6:
Tuesday, February 23: Standing (cont.): Read Pages 1159-1172; Skim pp. 1172-1179
Wednesday, February 24: Environmental Justice: Handouts; Read Pages 17-27; Related Web Sites
Thursday, February 25: Environmental Justice (cont.): Handouts; Landfill Hypothetical
Week 7:
Tuesday, March 2: Environmental Justice (cont.): Handouts; Read text pp. 507-515; 27-29 (Mercury Problem)
Wednesday, March 3: Introduction to RCRA: Read Pages 356-368; Skim sections 2002 [42 USC 6912], 3006 [42 USC 6926], 3009 [42 USC 6929] and 7006 [42 USC 6976] of RCRA; Related Web Sites
Thursday, March 4: The definition of solid waste under RCRA: Read Pages 368-380; Skim 40 C.F.R.sections 261.1 and 261.4.; Related Web Sites; CALI on "RCRA Solid Wastes" (Do the RCRA CALI after this class). Run the lesson from https://www.cali.org/lessonlink/757/ENV08/7489/jq
Week 8:
Tuesday, March 9: Identifying Hazardous Waste: Read Pages 381-386; Shell Oil handout; Related Web Sites
Wednesday, March 10: Identifying Hazardous Waste (cont.): Read Pages 386-396
Thursday, March 11: RCRA Subtitle D; Introduction to CERCLA: Read Pages 403-407; 409-415; Related Web Sites
Week 9:
Tuesday, March 16: Responsible Parties under CERCLA (Owners/Operators): Read Pages 419-426
Related Web Sites
Wednesday, March 17: Responsible Parties under CERCLA and response costs: Read Pages 435-447
Skim CERCLA sections 104(i) [42 USC 9604(i)]; 107(a)(4) [42 USC 9607(a)(4)]; 107(e) [42 USC 9607(e)]; and 107(f) [42 USC 9607(f)]; Related Web Sites
Thursday, March 18: Class cancelled
Week 10:
Tuesday, March 23:Liability under CERCLA: Read Pages 449-458
Wednesday, March 24:Liability under CERCLA (cont.): Read Pages 463-480; CALI on "Superfund Basics" (Do the CALI after this class). Run the lesson from https://www.cali.org/lessonlink/519/ENV02/7489/jq; Related Web Sites
Thursday, March 25: Introduction to the Clean Water Act: Read Pages 665-673; 801-803; Related Web Sites
Clean Water Act Permit
Week 11:
Tuesday, March 30: In Class Assignment - Petition for Review
Wednesday, March 31: Effluent standards under the Clean Water Act: Read Pages 696-697; 714-729
Thursday, April 1: Effluent standards under the Clean Water Act: Read Pages 733-746; Related Web Sites
Week 12:
Tuesday, April 6: Water quality standards: Read Pages 746-749; 751-758; 772-773
Wednesday, April 7: Wetlands: Part I: Read Pages 786-788; 696-704; 795-801; Related Web Sites
Thursday, April 8: Wetlands: Part II: Read Pages 673-678; 683-696; Skim 679-682
Week 13:
Tuesday, April 13: Wetlands permitting and "takings" issues: Skim text pp. 832-840; Read 840-853; CALI on "Wetlands" (Do the Wetlands CALI after this class). Run the lesson from https://www.cali.org/lessonlink/520/ENV03/7489/jq
Wednesday, April 14: Enforcement of Environmental Laws; Read Pages 1085-1090; 1098-1101; 1107-1112; 1120-1123;
Related Web Sites
Thursday, April 15: Enforcement of Environmental Laws (cont.): Read Pages 1139-1141; 1147-1156; 1189-1191
Week 14:
Tuesday, April 20: Enforcement of Environmental Laws (cont.): Read Pages 1197-1203; Skim 1191-1196
Wednesday, April 21: Exam Review: Environmental Law Exam to Review
Thursday, April 22: Class cancelled
Exam Period:
Wednesday, May 5: Final Exam
Course Requirements and Grading: Grading for the course is based on:
- an open book final exam - essay format; and
- successful completion of several non-graded formative assessment exercises during the semester, including four CALI exercises, preparation of a brief moot court argument, preparation of a notice of appeal, and preparation of questions for a virtual guest speaker program.
Learning Outcomes: By the end of the semester, students should be able to (1) understand and evaluate the core legal principles and policy considerations relevant to the practice of environmental law, including common law rules for protecting the environment; the Constitutional powers, roles, and responsibilities of the federal and state governments in the field of environmental law; the role of administrative agencies in developing and implementing environmental policy; the role of citizens in influencing and enforcing environmental policy; the economic, political, ethical, cultural and social forces that affect the development and implementation of environmental policy; and the major federal environmental laws and the key provisions of those laws (Legal Literacy; Legal Communication); (2) analyze factual scenarios in accordance with applicable environmental law principles to identify and assess relevant facts, formulate vital questions and problems clearly and precisely, and determine appropriate outcomes in legal proceedings (Problem Identification; Problem Analysis; Critical Thinking); (3) identify applicable environmental law principles and apply them in accordance with the best interests of the client, fairness and equity to all parties, and the rule of law, recognizing the practical and social/policy consequences of the application of those principles (Problem Analysis; Critical Thinking; Forming Professional Identity; Cultural Competency); and (4) communicate effectively and respectfully with others in solving complex problems in environmental law (Interpersonal Skills).
(Note: These outcomes are tied to the Law School’s learning outcomes, which are available at:
http://law.mercer.edu/www/mu-law/academics/upload/Learning-Outcomes-2017.pdf )
(Note: These outcomes are tied to the Law School’s learning outcomes, which are available at:
http://law.mercer.edu/www/mu-law/academics/upload/Learning-Outcomes-2017.pdf )
Student Accommodations:
Students in need of accommodation due to a disability should contact the Access and Accommodation Office to complete the verification process to become approved for services. In order to receive accommodations, each term, students will request accommodation through the Access Office online system Accommodate. Students requiring classroom accommodations (i.e. special seating, classroom recordings, etc.) are strongly encouraged to schedule a meeting with each professor in a timely manner to discuss arrangements. Students receiving only testing accommodations should instead discuss those matters with the Office of Access and Accommodation and with the appropriate Dean. Accommodations are not retroactive in nature.
Note - Disability accommodations or status are not reflected on academic transcripts.
Students with a history of a disability, perceived as having a disability, or with a current disability who do not wish to use academic accommodations are also strongly encouraged to complete the verification process with the Access Office.
The Access Coordinator for Macon Campus is Katie Johnson, Director and ADA/504 Coordinator.
Phone: (478) 301-2778;
email: johnson_kc@mercer.edu
Website: https://access.mercer.edu
Students in need of accommodation due to a disability should contact the Access and Accommodation Office to complete the verification process to become approved for services. In order to receive accommodations, each term, students will request accommodation through the Access Office online system Accommodate. Students requiring classroom accommodations (i.e. special seating, classroom recordings, etc.) are strongly encouraged to schedule a meeting with each professor in a timely manner to discuss arrangements. Students receiving only testing accommodations should instead discuss those matters with the Office of Access and Accommodation and with the appropriate Dean. Accommodations are not retroactive in nature.
Note - Disability accommodations or status are not reflected on academic transcripts.
Students with a history of a disability, perceived as having a disability, or with a current disability who do not wish to use academic accommodations are also strongly encouraged to complete the verification process with the Access Office.
The Access Coordinator for Macon Campus is Katie Johnson, Director and ADA/504 Coordinator.
Phone: (478) 301-2778;
email: johnson_kc@mercer.edu
Website: https://access.mercer.edu