Environmental Law Syllabus - Spring 2026
Professor Johnson
Professor Johnson
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Attendance: If a student accumulates more than 5 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 12: Environment and Economics: Post Introductory Video or Audio Clip to Canvas before the first class meeting per the Assignment Instructions on Canvas; Skim Pages 3-8; Read Pages 28-32; 46-49; Google Doc Sign-Up Sheet for Virtual Guest Speakers (complete AFTER explanation in class); Related Web Sites; Questions to Think About
Wednesday, January 14: Common Law actions: Read Pages Pages 59-61; 65-73; Related Web Sites
Asynchronous Module for Public Nuisance (on Canvas) - due before class begins on Wednesday, January 21
Week 2:
Monday, January 19: Holiday - No Class
Wednesday, January 21: Public Law: Read Pages 105-110; Related Web Sites
Asynchronous Module for Public Law (on Canvas) - due before class begins on Monday, January 26
Week 3:
Monday, January 26: Regulation and its alternatives: Read Pages 138-143; 150-152; Hypothetical; Related Web Sites
Wednesday, January 28: Regulation and its alternatives (cont.): Read Pages 153-160; 32-38
Asynchronous Module for Basic Principles of Administrative Law (on Canvas) - due before class begins on Monday, February 2
Week 4:
Monday, February 2: Basic Principles of Administrative Law (cont.): Read pages 469-481 of this attachment and Skim pages 483-505 of this attachment.
Wednesday, February 4: Endangered Species: Part I: Read Pages 900-910; 919-926; Skim pp. 897-900; Related Web Sites
Asynchronous Module for Endangered Species (on Canvas) - due before class begins on Monday, February 9
Week 5:
Monday, February 9: Endangered Species: Part III: Read pages 951-968
Wednesday, February 11: NEPA: Read Pages 811-814; 821-826; Skim Pages 843-848; Read Pages 848-862; Related Web Sites
Asynchronous Module for Judicial Review and Standing (on Canvas) - due before class begins on Monday, February 16
Week 6:
Monday, February 16: Standing (cont.): Read Pages 122-127; 1024-1036; Skim pp. 1036-1045
Asynchronous Module for Environmental Justice (on Canvas) - due before class begins on Wednesday, February 18
Wednesday, February 18: Environmental Justice (cont.): Handouts; Landfill Hypothetical
Thursday, February 19 at 1:10: Environmental Justice (cont.): Handouts; Read text pp. 432-440; Mercury Contamination Problem
Week 7:
Monday, February 23: 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
Wednesday, February 25: 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 - due before class on March 4). Run the lesson from https://www.cali.org/lessonlink/757/ENV08/11933/jq
Asynchronous Module for Identifying Hazardous Waste (on Canvas) - due before class begins on Monday, March 2
Week 8:
Monday, March 2: Identifying Hazardous Waste (cont.): Read Pages 334-342
Asynchronous Module for RCRA Subtitle D; Introduction to CERCLA (on Canvas) - due before class begins on Wednesday, March 4
Wednesday, March 4: Responsible Parties under CERCLA (Owners/Operators): Read Pages 353-360
Related Web Sites
Week 9:
Monday, March 9: 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
Wednesday, March 11: Liability under CERCLA: Read Pages 382-389; CALI on "Superfund Basics" (Do the CALI after completing the module on Superfund Contribution - due before class on March 23). Run the lesson from https://www.cali.org/lessonlink/519/ENV02/11933/jq
Asynchronous Module for Superfund Contribution (on Canvas) - due before class begins on Monday, March 23
Spring Break: Monday, March 16 - Friday, March 20
Week 10:
Monday, March 23: Introduction to the Clean Water Act: Read Pages 582-589; 712-715; Related Web Sites
Clean Water Act Permit
Asynchronous Module for Point Sources under the Clean Water Act (on Canvas) - due before class begins on Wednesday, March 25
Wednesday, March 25: Effluent standards under the Clean Water Act: Read Pages 648-661; Related Web Sites
Week 11:
Monday, March 30: Water quality standards: Read Pages 661-664; 666-672; 684-686
Wednesday, April 1: Wetlands: Part I: Read Pages 697-699; 618-624; 706-712; Related Web Sites
Asynchronous Module for Waters of the United States (on Canvas) - due before class begins on Monday, April 6
Week 12:
Monday, April 6: Wetlands permitting and "takings" issues: Skim text pp. 741-748; Read 706-712; 748-761; CALI on "Wetlands" (Do the Wetlands CALI after this class - due before class on April 13). Run the lesson from https://www.cali.org/lessonlink/520/ENV03/11933/jq; Post-Class Assignment - Petition for Review (due before class on Monday, April 13)
Wednesday, April 8: Enforcement of Environmental Laws; Read Pages 970-975; 980-991; 994-998; Related Web Sites
No Asynchronous Module this week
Week 13:
Monday, April 13: Enforcement of Environmental Laws (cont.): Read Pages 1011-1021; 1053-1055
Wednesday, April 15: Enforcement of Environmental Laws (cont.): Skim Pages 1055-1060; Read Pages 1062-1065
Week 14:
Monday, April 20: Exam Review: Environmental Law Exam to Review
Exam Period:
Monday, April 27: Final Exam @ 1:30
Week 1:
Monday, January 12: Environment and Economics: Post Introductory Video or Audio Clip to Canvas before the first class meeting per the Assignment Instructions on Canvas; Skim Pages 3-8; Read Pages 28-32; 46-49; Google Doc Sign-Up Sheet for Virtual Guest Speakers (complete AFTER explanation in class); Related Web Sites; Questions to Think About
Wednesday, January 14: Common Law actions: Read Pages Pages 59-61; 65-73; Related Web Sites
Asynchronous Module for Public Nuisance (on Canvas) - due before class begins on Wednesday, January 21
Week 2:
Monday, January 19: Holiday - No Class
Wednesday, January 21: Public Law: Read Pages 105-110; Related Web Sites
Asynchronous Module for Public Law (on Canvas) - due before class begins on Monday, January 26
Week 3:
Monday, January 26: Regulation and its alternatives: Read Pages 138-143; 150-152; Hypothetical; Related Web Sites
Wednesday, January 28: Regulation and its alternatives (cont.): Read Pages 153-160; 32-38
Asynchronous Module for Basic Principles of Administrative Law (on Canvas) - due before class begins on Monday, February 2
Week 4:
Monday, February 2: Basic Principles of Administrative Law (cont.): Read pages 469-481 of this attachment and Skim pages 483-505 of this attachment.
Wednesday, February 4: Endangered Species: Part I: Read Pages 900-910; 919-926; Skim pp. 897-900; Related Web Sites
Asynchronous Module for Endangered Species (on Canvas) - due before class begins on Monday, February 9
Week 5:
Monday, February 9: Endangered Species: Part III: Read pages 951-968
Wednesday, February 11: NEPA: Read Pages 811-814; 821-826; Skim Pages 843-848; Read Pages 848-862; Related Web Sites
Asynchronous Module for Judicial Review and Standing (on Canvas) - due before class begins on Monday, February 16
Week 6:
Monday, February 16: Standing (cont.): Read Pages 122-127; 1024-1036; Skim pp. 1036-1045
Asynchronous Module for Environmental Justice (on Canvas) - due before class begins on Wednesday, February 18
Wednesday, February 18: Environmental Justice (cont.): Handouts; Landfill Hypothetical
Thursday, February 19 at 1:10: Environmental Justice (cont.): Handouts; Read text pp. 432-440; Mercury Contamination Problem
Week 7:
Monday, February 23: 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
Wednesday, February 25: 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 - due before class on March 4). Run the lesson from https://www.cali.org/lessonlink/757/ENV08/11933/jq
Asynchronous Module for Identifying Hazardous Waste (on Canvas) - due before class begins on Monday, March 2
Week 8:
Monday, March 2: Identifying Hazardous Waste (cont.): Read Pages 334-342
Asynchronous Module for RCRA Subtitle D; Introduction to CERCLA (on Canvas) - due before class begins on Wednesday, March 4
Wednesday, March 4: Responsible Parties under CERCLA (Owners/Operators): Read Pages 353-360
Related Web Sites
Week 9:
Monday, March 9: 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
Wednesday, March 11: Liability under CERCLA: Read Pages 382-389; CALI on "Superfund Basics" (Do the CALI after completing the module on Superfund Contribution - due before class on March 23). Run the lesson from https://www.cali.org/lessonlink/519/ENV02/11933/jq
Asynchronous Module for Superfund Contribution (on Canvas) - due before class begins on Monday, March 23
Spring Break: Monday, March 16 - Friday, March 20
Week 10:
Monday, March 23: Introduction to the Clean Water Act: Read Pages 582-589; 712-715; Related Web Sites
Clean Water Act Permit
Asynchronous Module for Point Sources under the Clean Water Act (on Canvas) - due before class begins on Wednesday, March 25
Wednesday, March 25: Effluent standards under the Clean Water Act: Read Pages 648-661; Related Web Sites
Week 11:
Monday, March 30: Water quality standards: Read Pages 661-664; 666-672; 684-686
Wednesday, April 1: Wetlands: Part I: Read Pages 697-699; 618-624; 706-712; Related Web Sites
Asynchronous Module for Waters of the United States (on Canvas) - due before class begins on Monday, April 6
Week 12:
Monday, April 6: Wetlands permitting and "takings" issues: Skim text pp. 741-748; Read 706-712; 748-761; CALI on "Wetlands" (Do the Wetlands CALI after this class - due before class on April 13). Run the lesson from https://www.cali.org/lessonlink/520/ENV03/11933/jq; Post-Class Assignment - Petition for Review (due before class on Monday, April 13)
Wednesday, April 8: Enforcement of Environmental Laws; Read Pages 970-975; 980-991; 994-998; Related Web Sites
No Asynchronous Module this week
Week 13:
Monday, April 13: Enforcement of Environmental Laws (cont.): Read Pages 1011-1021; 1053-1055
Wednesday, April 15: Enforcement of Environmental Laws (cont.): Skim Pages 1055-1060; Read Pages 1062-1065
Week 14:
Monday, April 20: Exam Review: Environmental Law Exam to Review
Exam Period:
Monday, April 27: Final Exam @ 1:30
Course Requirements and Grading: Grading for the course is based on:
Asynchronous Modules: Eleven class meetings for this course are taught through asynchronous course modules. While the modules are asynchronous, each module must be completed by the deadline provided for the module, because the subsequent synchronous classes in the semester will build on the material presented in the asynchronous modules. Thus, if the third class “meeting” for the semester is an asynchronous meeting, the fourth class meeting will likely present material that builds on the material presented in the third class. For that reason, it is imperative that you complete each asynchronous course module by the deadline for the module.
Each of the 11 asynchronous modules includes (1) reading assignments; (2) 2 or 3 videos to watch; and (3) 1 or 2 short CALI exercises to complete. Four of the modules include an additional assignment requiring students to answer questions in short essay form.
"Grading" for the asynchronous modules is based on completion of the assignments for the modules in a timely manner. Thus, when you complete each CALI exercise, please remember to click on the button at the end of the lesson that “finalizes” your score. In addition, when you complete the short essay assignments for the modules that include those assignments, please remember to upload your assignments from the assignment page in Canvas. Finally, when you complete the assignments for each module, please remember to click on the “Mark as Done” Block on the module in Canvas to indicate that you have completed the module.
Grading for the Asynchronous Modules: There are a maximum of 92 points available for the asynchronous modules. Students must earn 64 points to "satisfactorily complete" the asynchronous modules. If students do not "satisfactorily complete" the asynchronous modules, their final course grade will be reduced by the following number of points: 1 point if students earn 61-64 points; 2 points if students earn 58-60 points; 3 points if students earn fewer than 58 points. Points for the asynchronous modules are earned as follows:
- an open book final exam - essay format;
- satisfactory completion of all asynchronous modules
- successful completion of several non-graded formative assessment exercises during the semester, including three 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.
Asynchronous Modules: Eleven class meetings for this course are taught through asynchronous course modules. While the modules are asynchronous, each module must be completed by the deadline provided for the module, because the subsequent synchronous classes in the semester will build on the material presented in the asynchronous modules. Thus, if the third class “meeting” for the semester is an asynchronous meeting, the fourth class meeting will likely present material that builds on the material presented in the third class. For that reason, it is imperative that you complete each asynchronous course module by the deadline for the module.
Each of the 11 asynchronous modules includes (1) reading assignments; (2) 2 or 3 videos to watch; and (3) 1 or 2 short CALI exercises to complete. Four of the modules include an additional assignment requiring students to answer questions in short essay form.
"Grading" for the asynchronous modules is based on completion of the assignments for the modules in a timely manner. Thus, when you complete each CALI exercise, please remember to click on the button at the end of the lesson that “finalizes” your score. In addition, when you complete the short essay assignments for the modules that include those assignments, please remember to upload your assignments from the assignment page in Canvas. Finally, when you complete the assignments for each module, please remember to click on the “Mark as Done” Block on the module in Canvas to indicate that you have completed the module.
Grading for the Asynchronous Modules: There are a maximum of 92 points available for the asynchronous modules. Students must earn 64 points to "satisfactorily complete" the asynchronous modules. If students do not "satisfactorily complete" the asynchronous modules, their final course grade will be reduced by the following number of points: 1 point if students earn 61-64 points; 2 points if students earn 58-60 points; 3 points if students earn fewer than 58 points. Points for the asynchronous modules are earned as follows:
- Completion of modules - 2 points for on-time completion of each module; 1 point for late completion of each module (Maximum of 22 points for the 11 modules).
- Completion of CALI exercises - 2 points for each CALI exercise completed on-time; 1 point for each CALI exercise completed late (Maximum of 42 points for the 21 CALI exercises);
- Completion of short essay assignments in the modules - There are 4 modules that includes short essay assignments Students earn 2 points for each question in the assignment if the assignment is completed on-time and 1 point for each question if the assignment is completed late. (Maximum of 28 points for the 14 questions in the assignments).
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.