Environmental Law Syllabus - Spring 2024
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.
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.
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.
Assignments by Week:
Week 1:
Tuesday, January 16: Environmental Philosophies and Values: Post Introductory Video or Audio Clip to Canvas before the first class meeting per the Assignment Instructions on Canvas; Read Pages 3-8; Google Doc Sign-Up Sheet for Virtual Guest Speakers (complete AFTER explanation in class); Related Web Sites
Wednesday, January 17: Economics and Ecology: Read Pages 28-32; 42-44; 46-49; Questions to Think About
Thursday, January 18: Common law actions: Read Pages 59-61; 65-73; Related Web Sites
Week 2:
Tuesday, January 23: Common law actions: Read Pages 80-93
Wednesday, January 24: Public Law: Read Pages 104-110; 130-135; Related Web Sites
Thursday, January 25: Public Law: Read Pages 110-116; 130-135.
Week 3:
Tuesday, January 30: Regulation and its alternatives: Read Pages 138-143; 150-152; Hypothetical; Related Web Sites
Wednesday, January 31: Regulation and its alternatives (cont.): Read Pages 153-160; 32-38
Thursday, February 1: 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/ADM06/10412/jq; Related Web Sites
Week 4:
Tuesday, February 6: Basic Principles of Administrative Law: Administrative Law Chapter of Wetlands Book, Read Pages 16-24; Skim U.S. v. Mead
Wednesday, February 7: Endangered Species: Part I: Read Pages 904-914; 923-930; Skim pp. 901-904; Related Web Sites
Thursday, February 8: Endangered Species: Part II: Northern Spotted Owl v. Hodel; Read Pages 940-943
Week 5:
Tuesday, February 13: Endangered Species: Part III: Read pages 951-968
Wednesday, February 14: NEPA: Read Pages 813-816; 823-828; 845-865; Related Web Sites
Thursday, February 15: Judicial Review and Standing: Read Pages 116-127; 1026-1029; Hypotheticals
Week 6:
Tuesday, February 20: Standing (cont.): Read Pages 1029-1041; Skim pp. 1041-1050
Wednesday, February 21: Environmental Justice: Handouts; Read Pages 16-28; Related Web Sites
Thursday, February 22: Environmental Justice (cont.): Handouts; Landfill Hypothetical
Week 7:
Tuesday, February 27: Environmental Justice (cont.): Handouts; Read text pp. 434-442; Mercury Contamination Problem
Wednesday, February 28: Introduction to RCRA: Read Pages 307-318; 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, February 29: The definition of solid waste under RCRA: Read Pages 318-328; 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/ENV08/10412/jq
Week 8:
Tuesday, March 5: Identifying Hazardous Waste: Read Pages 329-334; Shell Oil handout; Related Web Sites
Wednesday, March 6: Identifying Hazardous Waste (cont.): Read Pages 334-342
Thursday, March 7: Asynchronous Module on RCRA Subtitle D; Introduction to CERCLA - due before class begins on Tuesday, March 12; Related Web Sites
Week 9:
Tuesday, March 12: Responsible Parties under CERCLA (Owners/Operators): Read Pages 353-360
Related Web Sites
Wednesday, March 13: Responsible Parties under CERCLA and response costs: Read Pages 368-379
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 14: Liability under CERCLA: Read Pages 382-390
Week 10:
Tuesday, March 19: Liability under CERCLA (cont.): Read Pages 395-412; CALI on "Superfund Basics" (Do the CALI after this class). Run the lesson from https://www.cali.org/lessonlink/519/ENV02/10412/jq; Related Web Sites
Wednesday, March 20: Introduction to the Clean Water Act: Read Pages 584-591; 713-716; Related Web Sites
Clean Water Act Permit
Thursday, March 21: Point Sources and effluent limits under the Clean Water Act: Read Pages 612; 631-645
Spring Break: Monday, March 25 - Friday, March 29
Week 11:
Tuesday, April 2: Effluent standards under the Clean Water Act: Read Pages 649-662; Related Web Sites
Wednesday, April 3: Water quality standards: Read Pages 662-665; 667-673; 685-687
Thursday, April 4: Wetlands: Part I: Read Pages 698-701; 619-626; 707-713; Related Web Sites
Week 12:
Tuesday, April 9: Wetlands: Part II: Read Pages 591-596; Sackett v. EPA; Skim 596-612
Wednesday, April 10: Wetlands permitting and "takings" issues: Skim text pp. 741-748; Read 748-761; CALI on "Wetlands" (Do the Wetlands CALI after this class). Run the lesson from https://www.cali.org/lessonlink/520/ENV03/10412/jq
Thursday, April 11: In Class Assignment - Petition for Review (due before class on Thursday, April 18)
Week 13:
Tuesday, April 16: Enforcement of Environmental Laws; Read Pages 974-979; 984-989; 989-995; 999-1003; Related Web Sites
Wednesday, April 17: Enforcement of Environmental Laws (cont.): Read Pages 1016-1026; 1059-1061
Tuesday, April 18: Enforcement of Environmental Laws (cont.): Read Pages 1067-1071; Skim 1061-1065
Week 14:
Tuesday, April 23: Exam Review: Environmental Law Exam to Review
Exam Period:
Monday, April 29: 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 )
Mental Health and Wellness
Mercer University faculty and staff recognize that mental health concerns can impact academic performance and interfere with daily life activities. Because stress is a normal part of the college experience, learning to manage stress effectively is crucial to your well-being and overall success. Please notify your faculty member or academic advisor for academic assistance, as needed. CAPS can also provide support if you’re feeling anxious, overwhelmed, depressed, lost or are struggling with personal issues. Please call or visit the Counseling and Psychological Services (CAPS) website for more information. These services are free and confidential, and support non-traditional, graduate, and undergraduate students. Students may access CAPS at the location of their academic program: MACON – Counseling Center (#21 on the campus map, behind the MEP residential complex), 478-301-2862; ATLANTA – 215 Sheffield Student Center, 678-547-6060. Students at Regional Academic Center and other locations may obtain assistance in finding local services by contacting the CAPS Office nearest them, or utilizing WellConnectForYou.com , 866-640-4777. We also encourage students to call or text 988 to reach the National Suicide & Crisis Line if needed.Student
Mercer University faculty and staff recognize that mental health concerns can impact academic performance and interfere with daily life activities. Because stress is a normal part of the college experience, learning to manage stress effectively is crucial to your well-being and overall success. Please notify your faculty member or academic advisor for academic assistance, as needed. CAPS can also provide support if you’re feeling anxious, overwhelmed, depressed, lost or are struggling with personal issues. Please call or visit the Counseling and Psychological Services (CAPS) website for more information. These services are free and confidential, and support non-traditional, graduate, and undergraduate students. Students may access CAPS at the location of their academic program: MACON – Counseling Center (#21 on the campus map, behind the MEP residential complex), 478-301-2862; ATLANTA – 215 Sheffield Student Center, 678-547-6060. Students at Regional Academic Center and other locations may obtain assistance in finding local services by contacting the CAPS Office nearest them, or utilizing WellConnectForYou.com , 866-640-4777. We also encourage students to call or text 988 to reach the National Suicide & Crisis Line if needed.Student
Disability Statement
Students with a history or newly documented disability visible or invisible or who had an IEP or 504 Plan due to ADHD/ADD, visual or hearing impairments, Chronic Health Condition (ex. Diabetes, seizures, cancer other medical),pregnancy, child birth, lactation and medical condition related to pregnancy, mobility impairment, learning disability or a mental health concern (depression, anxiety, PTSD etc) should contact the Access and Accommodation Office (AAO) (https://access.mercer.edu) to complete the verification process to become approved for necessary accommodations and services.
In order to receive accommodation, each term, students will submit a Semester Request for faculty notification forms through the AAO online system Accommodate. Students are required to meet with each professor (during office hours or by appointment) in a timely manner to discuss implementation of accommodations. Students receiving accommodation for the administration of exams will receive instructions from the course faculty as to the time and location for their exam if different than class time.
Note – Disability accommodation or status are confidential and 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.
Students must request accommodation in a timely manner to receive accommodations in a timely manner. Please know accommodation is not retroactive.
Contact information: https://access.mercer.edu for information, email [email protected] main office 478-301-2810 and Atlanta 678-547-6823
Academic Integrity and the Honor System
Academic integrity at Mercer University is preserved and promoted through the Honor System. The Honor System demands of each student the responsibility for honesty and assumes the responsibility that each student will report any violations of the Honor Code. Each student is personally responsible for knowing the rights and obligations as set forth in the Honor System and expected to cooperate completely and participate fully in the Honor System. Procedures are outlined in the specific handbooks and available on the Provost’s website at https://provost.mercer.edu/office-of-the-provost/honor-system/.
Sexual Misconduct /Title IX Reporting
Mercer University is committed to providing an educational and workplace environment free from all forms of sexual misconduct. If you (or someone you know) have experienced any form of sexual misconduct, including sexual harassment, sexual assault, dating or domestic violence, gender discrimination or harassment, sexual exploitation, or stalking, know that help and support are available. Mercer University strongly encourages all members of the community to seek support and report incidents of sexual misconduct to the Title IX Office. You may contact the Title IX Coordinator at 478-301-2788 or at [email protected] or learn more by visiting https://titleix.mercer.edu/titleix.cfm. All Mercer University employees are required to disclose information about suspected or alleged sexual misconduct to the Title IX Office. If the Title IX Office receives information about an incident, they will reach out to provide information on your options, rights, and supportive measures that are available to you as a member of the Mercer University community.
Required University Syllabus Statements: Please follow this link, https://provost.mercer.edu/curriculum-information/syllabus-statements/,to review the syllabus statements that apply to all course syllabi at Mercer University. These syllabus statements cover a range of important topics, including but not limited to, academic integrity and the honor system, access and accommodations, mental health and wellness, sexual misconduct/Title IX matters, and resources to enhance student success.
Students with a history or newly documented disability visible or invisible or who had an IEP or 504 Plan due to ADHD/ADD, visual or hearing impairments, Chronic Health Condition (ex. Diabetes, seizures, cancer other medical),pregnancy, child birth, lactation and medical condition related to pregnancy, mobility impairment, learning disability or a mental health concern (depression, anxiety, PTSD etc) should contact the Access and Accommodation Office (AAO) (https://access.mercer.edu) to complete the verification process to become approved for necessary accommodations and services.
In order to receive accommodation, each term, students will submit a Semester Request for faculty notification forms through the AAO online system Accommodate. Students are required to meet with each professor (during office hours or by appointment) in a timely manner to discuss implementation of accommodations. Students receiving accommodation for the administration of exams will receive instructions from the course faculty as to the time and location for their exam if different than class time.
Note – Disability accommodation or status are confidential and 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.
Students must request accommodation in a timely manner to receive accommodations in a timely manner. Please know accommodation is not retroactive.
Contact information: https://access.mercer.edu for information, email [email protected] main office 478-301-2810 and Atlanta 678-547-6823
Academic Integrity and the Honor System
Academic integrity at Mercer University is preserved and promoted through the Honor System. The Honor System demands of each student the responsibility for honesty and assumes the responsibility that each student will report any violations of the Honor Code. Each student is personally responsible for knowing the rights and obligations as set forth in the Honor System and expected to cooperate completely and participate fully in the Honor System. Procedures are outlined in the specific handbooks and available on the Provost’s website at https://provost.mercer.edu/office-of-the-provost/honor-system/.
Sexual Misconduct /Title IX Reporting
Mercer University is committed to providing an educational and workplace environment free from all forms of sexual misconduct. If you (or someone you know) have experienced any form of sexual misconduct, including sexual harassment, sexual assault, dating or domestic violence, gender discrimination or harassment, sexual exploitation, or stalking, know that help and support are available. Mercer University strongly encourages all members of the community to seek support and report incidents of sexual misconduct to the Title IX Office. You may contact the Title IX Coordinator at 478-301-2788 or at [email protected] or learn more by visiting https://titleix.mercer.edu/titleix.cfm. All Mercer University employees are required to disclose information about suspected or alleged sexual misconduct to the Title IX Office. If the Title IX Office receives information about an incident, they will reach out to provide information on your options, rights, and supportive measures that are available to you as a member of the Mercer University community.
Required University Syllabus Statements: Please follow this link, https://provost.mercer.edu/curriculum-information/syllabus-statements/,to review the syllabus statements that apply to all course syllabi at Mercer University. These syllabus statements cover a range of important topics, including but not limited to, academic integrity and the honor system, access and accommodations, mental health and wellness, sexual misconduct/Title IX matters, and resources to enhance student success.