Overview

This seminar will explore current legal and policy controversies in environmental law. Special attention will be paid to recent Supreme Court decisions and issues that are presently before federal courts. Issues likely to be discussed include: federalism, standing, property rights, regulatory takings, cost-benefit analysis, and environmental justice.

Students are expected to have a basic knowledge of environmental law and regulation, and some familiarity with administrative law. The introductory environmental law course is recommended, but not required.

READING ASSIGNMENTS

Requirements

Attendance: This class meets only twelve times during the semester. Therefore, it is expected that all students will arrive on time and fully prepared for each class session. Attendance will be taken at the beginning of each class. If a student is more than 15 minutes late for class, it will count as an absence. If a student has more than one unexcused absence, additional work may be required in order to receive full class credit.

Reading Assignments: Reading assignments will be posted on Blackboard. For the first nine (9) classes, the reading will consist of court opinions or other materials (articles, briefs, etc.) concerning a contemporary issue in environmental law. Students are expected to read the assigned material before each class and arrive prepared to discuss it in some detail. Class participation will be graded. At times, supplemental reading will be posted as well. Supplemental readings are optional, but may provide valuable context and background, particularly for those students less familiar with environmental law.

For the final 3 weeks of class, the reading assignment will consist of student papers. Students are expected to read each rough draft before it is presented in class, and be prepared to offer comments, critiques or questions about the draft.

Research Paper: Each student will be expected to complete a substantial (25-page minimum, double-spaced) paper on a current environmental issue confronting the courts or legal system. The paper should identify the issue, provide necessary background and context, and reach specific conclusions about the state of the law, likely legal developments, or specific policy proposals. You may select topics related to the assigned materials, or they may choose to focus on another issue in environmental law. All paper topics must be approved. To avoid duplication, paper topics will be approved on a first-come, first-served basis.

A one-page description and outline of the proposed paper topic is due no later than October 2. If the topic is approved, the outline will be returned with comments by October 9.

Two(2) copies of your rough draft are due on Friday, November 9 – one for grading, the other for distribution to the class. The draft paper should be typewritten (minimum 15 pages) and constitute a complete (albeit rough) treatment of the selected topic. The draft should address all of the issues identified in the approved outline. Any gaps should be clearly identified (e.g. include notations indicating what will be added to the final draft). Draft papers will be graded on organization, content, and style. Complete footnoting and bluebooking is not required for the rough drafts, though they should be relatively free of typos, spelling errors, and the like. Failure to proofread and spell-check a draft may result in a lower grade.

Final papers are due on December 7. There will be no extensions. The final paper should be no less than 25 pages, type-written, double-spaced. Final papers must be fully footnoted and free of typos, spelling mistakes, etc. Citations should be bluebooked in accordance with either the 16^th or 17^th edition of A Uniform System of Citation (the “Bluebook”) with the following exceptions: You may use underlining in lieu of italics, and no small caps are required for books and law review articles. (Note: While you may use either the 16^th or 17^th edition of the Bluebook, citation form should be consistent, i.e. use the same edition throughout the entire paper.)

Oral Presentations: Each student will be required to give a short (10-12 minute), polished presentation of his or her research paper. Each presentation will be followed by approximately fifteen (15) minutes of class discussion, during which the presenting student will answer questions from his or her classmates. Significant issues and concerns raised during class discussion should be addressed in the final paper.

Writing Requirement: The paper written for this class can be used to fulfill the law school’s writing requirement, with advance permission of the instructor. In order to meet writing requirement standards, additional work may be required during the semester following the seminar. Your grade in the course, however, will be based on the paper you submit in December.

Grades

The grade for this course will be based upon a combination of the research paper, oral presentation, and class participation (including weekly comments). Each grading component will be weighted as follows:

Research Paper – 60 percent

Oral Presentation – 20 percent

Class Participation – 20 percent

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