Environmental Law Syllabus - Spring 2025
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:
Monday, January 13: 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
Tuesday, January 14: Economics and Ecology: Read Pages 28-32; 42-44; 46-49; Questions to Think About
Thursday, January 16: Common law actions: Read Pages 59-61; 65-73; Related Web Sites
Week 2:
Monday, January 20: Holiday - No Class
Tuesday, January 21: Common law actions: Read Pages 79-92
Thursday, January 23: Public Law: Read Pages 105-110; 130-135; Related Web Sites
Week 3:
Monday, January 27: Public Law: Read Pages 110-116; 130-135
Tuesday, January 28: Regulation and its alternatives: Read Pages 138-143; 150-152; Hypothetical; Related Web Sites
Thursday, January 30: Regulation and its alternatives (cont.): Read Pages 153-160; 32-38
Week 4:
Monday, February 3: Basic Principles of Administrative Law: Read this portion of the Administrative Law Chapter of my CALI Wetlands Book; 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/ADM06/11391/jq; Related Web Sites
Tuesday, February 4: Basic Principles of Administrative Law: Read this portion of the Administrative Law Chapter of my CALI Statutory Interpretation Book
Thursday, February 6: Endangered Species: Part I: Read Pages 900-910; 919-926; Skim pp. 897-900; Related Web Sites
Week 5:
Monday, February 10: Endangered Species: Part II: Northern Spotted Owl v. Hodel; Read Pages 936-939
Tuesday, February 11: Endangered Species: Part III: Read pages 947-963
Thursday, February 13: NEPA: Read Pages 811-814; 821-826; Skim Pages 843-848; Read Pages 848-862; Related Web Sites
Week 6:
Monday, February 17: Judicial Review and Standing: Read Pages 116-122; 1021-1024; Hypotheticals
Tuesday, February 18: Standing (cont.): Read Pages 122-127; 1024-1036; Skim pp. 1036-1045
Thursday, February 20: Environmental Justice: Handouts; Read Pages 16-28; Related Web Sites
Week 7:
Monday, February 24: Environmental Justice (cont.): Handouts; Landfill Hypothetical
Tuesday, February 25: Environmental Justice (cont.): Handouts; Read text pp. 432-440; Mercury Contamination Problem
Thursday, February 27: 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
Week 8:
Monday, March 3: The definition of solid waste under RCRA: Read Pages 318-329; 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/ENV08/11391/jq
Tuesday, March 4: Identifying Hazardous Waste: Read Pages 329-334; Shell Oil handout; Related Web Sites
Thursday, March 6: Identifying Hazardous Waste (cont.): Read Pages 334-342
Week 9:
Monday, March 10: RCRA Subtitle D; Introduction to CERCLA: Read Pages 342-345; 347-353; Related Web Sites
Tuesday, March 11: Responsible Parties under CERCLA (Owners/Operators): Read Pages 353-360
Related Web Sites
Thursday, March 13: Responsible Parties under CERCLA and response costs: Read Pages 368-378
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
Week 10:
Monday, March 17: Liability under CERCLA: Read Pages 382-389
Tuesday, March 18: Liability under CERCLA (cont.): Read Pages 394-410; CALI on "Superfund Basics" (Do the CALI after this class). Run the lesson from https://www.cali.org/lessonlink/519/ENV02/11391/jq; Related Web Sites
Thursday, March 20: Introduction to the Clean Water Act: Read Pages 582-589; 712-715; Related Web Sites
Clean Water Act Permit
Spring Break: Monday, March 24 - Friday, March 28
Week 11:
Monday, March 31: Point Sources and effluent limits under the Clean Water Act: Read Pages 610-611; 629-644
Tuesday, April 1: Effluent standards under the Clean Water Act: Read Pages 648-661; Related Web Sites
Thursday, April 3: Water quality standards: Read Pages 661-664; 666-672; 684-686
Week 12:
Monday, April 7: Wetlands: Part I: Read Pages 697-699; 618-624; 706-712; Related Web Sites
Tuesday, April 8: Wetlands: Part II: Read Pages 589-594; Skim 594-601; Read Sackett v. EPA; Read Pages 609-610
Thursday, April 10: Wetlands permitting and "takings" issues: Skim text pp. 739-746; Read 746-760; CALI on "Wetlands" (Do the Wetlands CALI after this class). Run the lesson from https://www.cali.org/lessonlink/520/ENV03/11391/jq
Week 13:
Monday, April 14: In Class Assignment - Petition for Review (due before class on Monday, April 21)
Tuesday, April 15: Enforcement of Environmental Laws; Read Pages 970-975; 980-991; 994-998; Related Web Sites
Thursday, April 17: Enforcement of Environmental Laws (cont.): Read Pages 1011-1021; 1053-1055
Week 14:
Monday, April 21: Enforcement of Environmental Laws (cont.): Skim Pages 1055-1060; Read Pages 1062-1065
Tuesday, April 22: Exam Review: Environmental Law Exam to Review
Exam Period:
Thursday, May 1: Final Exam @ 2:00
Week 1:
Monday, January 13: 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
Tuesday, January 14: Economics and Ecology: Read Pages 28-32; 42-44; 46-49; Questions to Think About
Thursday, January 16: Common law actions: Read Pages 59-61; 65-73; Related Web Sites
Week 2:
Monday, January 20: Holiday - No Class
Tuesday, January 21: Common law actions: Read Pages 79-92
Thursday, January 23: Public Law: Read Pages 105-110; 130-135; Related Web Sites
Week 3:
Monday, January 27: Public Law: Read Pages 110-116; 130-135
Tuesday, January 28: Regulation and its alternatives: Read Pages 138-143; 150-152; Hypothetical; Related Web Sites
Thursday, January 30: Regulation and its alternatives (cont.): Read Pages 153-160; 32-38
Week 4:
Monday, February 3: Basic Principles of Administrative Law: Read this portion of the Administrative Law Chapter of my CALI Wetlands Book; 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/ADM06/11391/jq; Related Web Sites
Tuesday, February 4: Basic Principles of Administrative Law: Read this portion of the Administrative Law Chapter of my CALI Statutory Interpretation Book
Thursday, February 6: Endangered Species: Part I: Read Pages 900-910; 919-926; Skim pp. 897-900; Related Web Sites
Week 5:
Monday, February 10: Endangered Species: Part II: Northern Spotted Owl v. Hodel; Read Pages 936-939
Tuesday, February 11: Endangered Species: Part III: Read pages 947-963
Thursday, February 13: NEPA: Read Pages 811-814; 821-826; Skim Pages 843-848; Read Pages 848-862; Related Web Sites
Week 6:
Monday, February 17: Judicial Review and Standing: Read Pages 116-122; 1021-1024; Hypotheticals
Tuesday, February 18: Standing (cont.): Read Pages 122-127; 1024-1036; Skim pp. 1036-1045
Thursday, February 20: Environmental Justice: Handouts; Read Pages 16-28; Related Web Sites
Week 7:
Monday, February 24: Environmental Justice (cont.): Handouts; Landfill Hypothetical
Tuesday, February 25: Environmental Justice (cont.): Handouts; Read text pp. 432-440; Mercury Contamination Problem
Thursday, February 27: 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
Week 8:
Monday, March 3: The definition of solid waste under RCRA: Read Pages 318-329; 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/ENV08/11391/jq
Tuesday, March 4: Identifying Hazardous Waste: Read Pages 329-334; Shell Oil handout; Related Web Sites
Thursday, March 6: Identifying Hazardous Waste (cont.): Read Pages 334-342
Week 9:
Monday, March 10: RCRA Subtitle D; Introduction to CERCLA: Read Pages 342-345; 347-353; Related Web Sites
Tuesday, March 11: Responsible Parties under CERCLA (Owners/Operators): Read Pages 353-360
Related Web Sites
Thursday, March 13: Responsible Parties under CERCLA and response costs: Read Pages 368-378
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
Week 10:
Monday, March 17: Liability under CERCLA: Read Pages 382-389
Tuesday, March 18: Liability under CERCLA (cont.): Read Pages 394-410; CALI on "Superfund Basics" (Do the CALI after this class). Run the lesson from https://www.cali.org/lessonlink/519/ENV02/11391/jq; Related Web Sites
Thursday, March 20: Introduction to the Clean Water Act: Read Pages 582-589; 712-715; Related Web Sites
Clean Water Act Permit
Spring Break: Monday, March 24 - Friday, March 28
Week 11:
Monday, March 31: Point Sources and effluent limits under the Clean Water Act: Read Pages 610-611; 629-644
Tuesday, April 1: Effluent standards under the Clean Water Act: Read Pages 648-661; Related Web Sites
Thursday, April 3: Water quality standards: Read Pages 661-664; 666-672; 684-686
Week 12:
Monday, April 7: Wetlands: Part I: Read Pages 697-699; 618-624; 706-712; Related Web Sites
Tuesday, April 8: Wetlands: Part II: Read Pages 589-594; Skim 594-601; Read Sackett v. EPA; Read Pages 609-610
Thursday, April 10: Wetlands permitting and "takings" issues: Skim text pp. 739-746; Read 746-760; CALI on "Wetlands" (Do the Wetlands CALI after this class). Run the lesson from https://www.cali.org/lessonlink/520/ENV03/11391/jq
Week 13:
Monday, April 14: In Class Assignment - Petition for Review (due before class on Monday, April 21)
Tuesday, April 15: Enforcement of Environmental Laws; Read Pages 970-975; 980-991; 994-998; Related Web Sites
Thursday, April 17: Enforcement of Environmental Laws (cont.): Read Pages 1011-1021; 1053-1055
Week 14:
Monday, April 21: Enforcement of Environmental Laws (cont.): Skim Pages 1055-1060; Read Pages 1062-1065
Tuesday, April 22: Exam Review: Environmental Law Exam to Review
Exam Period:
Thursday, May 1: Final Exam @ 2:00
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 )
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 )
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. Information about law school related academic success resources are available at: https://law.mercer.edu/academics/academic-success-and-bar-preparation/services-and-resources/
AI Use:
If you wish to use AI tools for any aspect of your coursework, you must first obtain written permission from Professor Johnson. Requests will be considered on a case-by-case basis. If approved, you will receive specific guidelines for use and required attribution. Unapproved use of AI tools will be treated as plagiarism as defined by the University Honor Code.
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. Information about law school related academic success resources are available at: https://law.mercer.edu/academics/academic-success-and-bar-preparation/services-and-resources/
AI Use:
If you wish to use AI tools for any aspect of your coursework, you must first obtain written permission from Professor Johnson. Requests will be considered on a case-by-case basis. If approved, you will receive specific guidelines for use and required attribution. Unapproved use of AI tools will be treated as plagiarism as defined by the University Honor Code.