Environmental Law Seminar Syllabus - Spring 2021
Professor Johnson
Professor Johnson
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Attendance: If a student accumulates more than 3 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: Introduction: Basic Themes
Week 2:
Tuesday, January 26: Information Disclosure Laws
Week 3:
Tuesday, February 2: Pollutant Trading and Marketable Permits - Air Programs
** HAND IN PAPER TOPIC - For guidance on selecting a topic, click here. For a list of potential paper topics, click here.
Scholarly Writing for Law Students, on reserve in the Library, includes useful guidance on research (Chapter 4) and selecting a thesis on a topic (Chapter 3).
** Before you begin to write your paper, read "Really Basic Rules for Writing Good Papers in Law School",
by Allison Christians.
Week 4:
Tuesday, February 9: Pollutant Trading and Marketable Permits - Water Programs
Week 5:
Tuesday, February 16: Pollution Taxes, Fees and Charges
Week 6:
Tuesday, February 23: Cost Benefit Analysis
** HAND IN PAPER OUTLINE - Scholarly Writing for Law Students, on reserve in the Library, includes useful guidance on creating an outline.
Week 7:
Tuesday, March 2: Climate Change
Week 8:
Tuesday, March 9: Student Meetings
** HAND IN PAPER DRAFT
Week 9:
Tuesday, March 16: Hydraulic Fracturing (Fracking)
Week 10:
Tuesday, March 23: Student Meetings
Week 11:
Tuesday, March 30: Safe Drinking Water Act / Flint Drinking Water Crisis
Week 12:
Tuesday, April 6: Tri-State Water Wars
Week 13:
Tuesday, April 13: Student paper presentations
Rubric for assessment
Week 14:
Tuesday, April 20: Student paper presentations
Rubric for assessment
Exam Period:
Thursday, May 14: HAND IN FINAL PAPER ON OR BEFORE THIS DATE AT 5:00 P.M.
Week 1:
Tuesday, January 19: Introduction: Basic Themes
- Read pages 1267-1324 of Howard Latin, Ideal Versus Real Regulatory Efficiency: Implementation of Uniform Standards and ‘Fine-Tuning’ Regulatory Reforms;
- Read pages 1333-1351 of Bruce A. Ackerman & Richard B. Stewart, Reforming Environmental Law;
- Read Handout materials
- Questions to Think About for Class
- Related Web sites
Week 2:
Tuesday, January 26: Information Disclosure Laws
- Read pages 187-199, 201, 203-206, 209-227 of text; (Skip article and note on page 200, section IIA3 (state information disclosure laws); and IIC (planning laws));
- Browse the Technical and Economic Development Document and the Health Services Industry Detailed Study: Dental Amalgams which support EPA's Dental Effluent Guidelines
- Questions to Think About for Class
- Related Web sites
- Pre-class assignment
Week 3:
Tuesday, February 2: Pollutant Trading and Marketable Permits - Air Programs
- Read pages 123-151 of text;
- Read MIT Center for Energy and Environmental Policy Research Report on the SO2 Allowance Trading System;
- Skim EPA's Clean Air Act in a Nutshell
- Questions to Think About for Class
- Related Web sites
** HAND IN PAPER TOPIC - For guidance on selecting a topic, click here. For a list of potential paper topics, click here.
Scholarly Writing for Law Students, on reserve in the Library, includes useful guidance on research (Chapter 4) and selecting a thesis on a topic (Chapter 3).
** Before you begin to write your paper, read "Really Basic Rules for Writing Good Papers in Law School",
by Allison Christians.
Week 4:
Tuesday, February 9: Pollutant Trading and Marketable Permits - Water Programs
- Read pages 152-154, 167-179 of text
- Read EPA's Overview of Clean Water Act Section 404;
- Wetlands Course Source - Chapter 7 (download from CALI)
- Read J.B. Ruhl, The Effects of Wetland Mitigation Banking on People
- Questions to Think About for Class
- Related Web sites
Week 5:
Tuesday, February 16: Pollution Taxes, Fees and Charges
- Read pages 17-53 of text
- Questions to Think About for Class
- Related Web sites
Week 6:
Tuesday, February 23: Cost Benefit Analysis
- Read pages 287-323 of text; Executive Order 13563
- Skim the Economic Analysis for EPA's "Waters of the United States" rulemaking
- Questions to Think About for Class
- Related Web sites
** HAND IN PAPER OUTLINE - Scholarly Writing for Law Students, on reserve in the Library, includes useful guidance on creating an outline.
Week 7:
Tuesday, March 2: Climate Change
- Read Climate Change; Evidence and Causes;
- Primer on UNFCCC;
- Summary Chapter of CBO Study - Policy Options for Reducing CO2 Emissions;
- Carbon Tax Center - Dividends; Carbon Tax Center - No Tax Increase? How?;
- Pope Francis and Cap and Trade;
- Forbes editorial on Americans preference for regulation;
- New York Times editorial on the case for a carbon tax;
- EPA Web page on Climate change adaptation (removed in 2017);
- Handouts
- Questions to Think About for Class
- Related Web sites
Week 8:
Tuesday, March 9: Student Meetings
** HAND IN PAPER DRAFT
Week 9:
Tuesday, March 16: Hydraulic Fracturing (Fracking)
- Watch and compare Sierra Club Video - Fracking 101; and Energy Tomorrow Video - Modern Drilling Operations; Hydraulic Fracturing
- Read pages 431-468, 477-508 of David B. Spence, Federalism, Regulatory Lags, and the Political Economy of Energy Production;
- Read pages 995-1013 of John R. Nolon, Hydrofracking: State Preemption, Local Power and Cooperative Governance;
- Skim API Hydraulic Fracturing Primer;
- Read pages 1-9 of NCSL: Fracking Policymakers Guide;
- Skim pages 1-21 of RFF Report on the State of Shale Gas Regulation
- Related Web sites
- Questions to Think About for Class
Week 10:
Tuesday, March 23: Student Meetings
Week 11:
Tuesday, March 30: Safe Drinking Water Act / Flint Drinking Water Crisis
- Read “EPA - Understanding the Safe Drinking Water Act” (fact sheet);
- Read “Lead in Flint, Michigan’s Drinking Water: Federal Regulatory Role” (Congressional Research Service);
- Read “Lead-Laced Water in Flint: A Step-By-Step Look at the Makings of a Crisis” (NPR);
- Read “What’s in Your Water - Flint and Beyond: Executive Summary” (NRDC);
- Read pages 1, 2, and 6-9 of “Flint Water Advisory Task Force: Final Report” ;
- Skim “Safe Drinking Water Act (SDWA): A Summary of the Act and its Major Requirements” (Congressional Research Service Report)
- Questions to Think About for Class
- Related Web sites
Week 12:
Tuesday, April 6: Tri-State Water Wars
- Review the Water Wars Summary by ARC ;
- Read pages 1-34, 51-76 and skim pages 34-50 of the 11th Circuit Opinion in In Re: MDL-1824 Tri-State Water Rights Litigation;
- Read Florida’s complaint and brief in support of motion for leave to file a complaint (but not the appendices) in Florida v. Georgia;
- Read the Summary of the 2018 Supreme Court opinion ;
- Skim the ACF Compact legislation
- Questions to Think About for Class
- Related Web Sites
Week 13:
Tuesday, April 13: Student paper presentations
Rubric for assessment
Week 14:
Tuesday, April 20: Student paper presentations
Rubric for assessment
Exam Period:
Thursday, May 14: HAND IN FINAL PAPER ON OR BEFORE THIS DATE AT 5:00 P.M.
Course Requirements and Grading: Grading for the course is based on:
- 20-25 page paper on an environmental law topic of your choice (75% of course grade) - assessed based on this rubric. Each student must submit a topic, outline, first and final draft of the paper according to the schedule on this syllabus. Students may submit additional drafts for feedback. Formatting guidelines for the paper: (1) 12 point type; (2) one inch margins on the top, bottom, and each side; (3) double spaced; and (4) page numbers at the bottom center of each page. Footnotes should be in Blue Book format.
- 25 minute presentation of the paper (circulate a draft or synopsis the week prior to presentation) (25% of course grade) - assessed based on this rubric. Each student should provide a one page outline of their presentation to other students prior to the presentation and each student should complete critiques of the presentations of the other students that they attend.
- Research exercises and preparation of questions for the virtual guest speaker program. (required, but not graded numerically).
- Attendance
Learning Outcomes: By the end of the semester, each student should be able to (1) understand and evaluate the core legal principles and policy considerations underlying the command and control model of environmental regulation and the differences between that model and the use of economic incentives and other “second generation” environmental regulatory tools; understand the economic, political, ethical, cultural and social forces that affect the development and implementation of environmental policy, with particular emphasis on the issue of environmental justice; and develop an understanding of the legal principles and substantive rules of portions of the Clean Air Act, Clean Water Act, Safe Drinking Water Act, Resource Conservation and Recovery Act, and other environmental laws. (Legal Literacy and legal Communication; Cultural Competence); (2) critically analyze readings and formulate opinions that can be articulated in writing and verbally to the class (Legal Communication; Problem Identification; Problem Analysis; Critical Thinking); (3) use a variety of resources to efficiently conduct legal research in environmental law (Legal Literacy); (4) develop strategies to incorporate feedback and to edit and reflect on writing and to provide effective feedback to colleagues, while writing a persuasive and clearly articulated research paper which evaluates, critiques, or assesses a specific area of environmental law (Legal Communication; Problem Identification; Problem Analysis; Critical Thinking); (5) demonstrate the ability to reason about professional and ethical dilemmas (Forming Professional Identity); and (6) demonstrate active listening techniques and exhibit tact and diplomacy to others (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 )
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: [email protected]
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: [email protected]
Website: https://access.mercer.edu