Professor Luke Cole
SPRING 2004
Tuesday, 12:40-1:30
Thursday, 12:40-1:30
Friday, 12:40-1:30
Office Hours (Room 341): Tuesdays 2:00-5:00 and by appointment
The textbook for the course is Percival, et al.’s Environmental Regulation: Law, Science & Policy (4th edition), published by Aspen and available at the bookstore. There is a statutory supplement which is also available. In this syllabus and the syllabi to follow, I will abbreviate the textbook as "ER." From time to time I will have Supplementary Material available; this will be abbreviated "SM" in the syllabi.
INTRODUCTORY UNIT:
THEMES IN ENVIRONMENTAL LAW
Thursday, January 15: Introduction to Environmental Law, and a Framework
Reading: ER 1-9
Friday, January 16: Environmentalism & Environmental Justice
Reading: ER 9-21, Supplementary Materials ("SM") 1-8 (Cole & Foster, "A History of the Environmental Justice Movement")
Tuesday, January 20: Economics and Other Themes
Reading: ER 24-33, 47-57
UNIT 2:
FOUNDATIONS OF
MODERN ENVIRONMENTAL LAW
Thursday, January 22: Common Law: Trespass and Private Nuisance
Assignment: ER 59-73
Friday, January 23: Public Nuisance
Assignment: ER 73-85
Tuesday, January 27: A History of Statutory Approaches
Assignment: ER 85-100
Thursday, January 29: Federalism
Assignment: ER 101-116
Friday, January 30: Regulatory Approaches
Assignment: ER 121-133, 135-140
UNIT 3:
Administrative Law and Standing
Friday, February 6 (double class period): ER 141-161 (particularly 157-161), 973-992.
Tuesday, February 10: ER 996-1004, 1006-1019.
Unit 4:
The Clean Water Act - REVISED
Thursday, February 12: Introduction and History
Assignment: ER 569-581
Friday, February 13: Overview of the Clean Water Act
Assignment: ER 581-592 (#3)
Tuesday, February 17: Jurisdictional Reach
Assignment: ER 592 (#4)-604
Thursday, February 19: Point Sources I, Definitions
Assignment: ER 604-619
Friday, February 20: Point Sources II, Technology-based Limitations
Assignment: ER 619-637
Tuesday, February 24: Point Sources III, the Law in Action
Assignment: SM 3 (bring SM 1, 2 to class)
Thursday, February 26: Water Quality-based Controls I, an Introduction
Assignment: ER 637-651
Friday, February 27: Water Quality-based Controls II, State Certification
Assignment: ER 651-662
Tuesday, March 2: Water Quality-based Controls III, TMDLs
Assignment: ER 662-673
Thursday, March 4: Wetland Protection
Assignment: ER 672-699
Friday, March 5: The Law In Action
Assignment: SM4
Tuesday, March 9: The Law In Action, redux
Assignment: SM 5
UNIT 5:
THE CLEAN AIR ACT- REVISED
Thursday, March 11: Introduction and Overview
ER 491-501
Friday, March 12: Methods of Pollution Control, NAAQS
ER 501-506
Tuesday, March 16-Friday, March 19 - spring break
Tuesday, March 23: NAAQS II
ER 506-511
Thursday, March 25: NAAQS III
ER 511-521
Friday, March 26: no class
Tuesday, March 30: Structure of Regulation
SM5 – Statutory Supplement
Thursday, April 1: State Implementation
ER 521-532
Friday, April 2 - no class
Tuesday, April 6: Attainment vs. Non-Attainment
SM6 – CBE v. BAAQMD
Thursday, April 8: New Source Review
ER 532-541 and SM7 – NY Times article
Friday, April 9: Pollution Trading I: Environmental Justice Concerns
SM8 – La Causa v. SCAQMD
Tuesday, April 13: Pollution Trading II: Can it work?
SM9 – Drury et al. article
Thursday, April 15: Transboundary Pollution – Acid Rain
ER 541-552
Thursday, April 15 (make-up class): Mobile Sources (and review of Clean Air Act)
ER 552-568
UNIT 6:
THE NATIONAL
ENVIRONMENTAL POLICY ACT
Tuesday, April 20: Statutory Overview and Early Interpretation
ER 783-792
Thursday, April 22: When do you prepare an EIS?
ER 792-807
Friday, April 23: When do you prepare an EIS, continued.
ER 807-826
Tuesday, April 27: Determining the Adequacy of EISs
ER 826-843
Thursday, April 29: More on Adequacy of EISs
ER 843-852