UNIVERSITY OF BALTIMORE SCHOOL OF LAW



UNIVERSITY OF BALTIMORE SCHOOL OF LAWSPRING 2019 – DRAFT 1/14/19Course:Environmental LawLAW 719.511Instructor: Don Jodreydjodrey@ubalt.edu240-224-4660 (mobile)Days/Time:TTH 7:45pm – 9:00pmLocation: Room 204Meetings: Welcome to Environmental Law! I am happy to meet with you before or after class on Tuesdays and Thursdays which are the two days I am at the University. You may also contact me via email or by phone on my mobile and I will return your email or call as soon as possible. Please set up a meeting by emailing or phoning me in advance so that we can book a room and schedule the time.Course Description:Legal processes for the management of natural resources and the control of pollution and other adverse influences on the environment; federal statutes and administrative devices affecting the environment; legal control of air and water pollution, noise, pesticides and environmental toxicants; land use planning and growth control; public lands management; energy conservation and regulation; wildlife protection; solid waste management; and private law remedies affecting the foregoing. Emphasis is on federal statutes and regulations. [Open Enrollment]Course Materials:Required Casebook: Environmental Regulation – Law, Science and Policy 8th Edition by Robert Percival et alOther materials TBD assigned in advanceStudent Learning Outcomes:Environmental law and regulation is incorporated at all levels of government (federal, state, tribal and local) and a healthy environmental is as critical to human life as is a healthy economy. Students taking this class will read and discuss the major areas of focus for environmental law, with an emphasis on sustainable solutions to some of today’s most pressing problems. The knowledge gained will help students evaluate individual choices (e.g,. the purchase of plastic bottles of water) as well as understand choices made in their communities and also nationally. This class will also allow students the opportunity to recognize environmental stressors and potential solutions at the national level and to identify the various legal statutes at the federal level that may come into play when encountering environmental issues that are often at the intersection of law, science and policy.GRADES:Grades will be determined on the following basis:Class participation: 10%First Formative Quiz Covering Assignments for Weeks 1-4: 20%Second Formative Quiz Covering Assignments for Weeks 6-10: 20%Final Exam (Summative Covering All Assignments): 50%The class participation grade will be determined based upon your participation in the class room discussion and also in any small group assignments that I may from time to time assign. I do cold call students so please be prepared to provide an answer. If you are not prepared or have not done the reading I will make a note of that in your class participation grade.The two formative quizzes will only cover the material for those weeks. The formative quizzes will be written short answer.The final exam will cover all assignments and class room discussion and will be a series of essay questions given on the assigned exam with a page length imposed on the answers. Professionalism – I expect everyone to conduct themselves professionally in class meaning to speak respectfully to other students and to allow everyone to express their opinions in a safe space as if you were in a legal setting with clients. If your conduct is unprofessional I will let you know and it may affect your grade negatively.Course Expectations & Attendance Requirements & Class Cancellations:The class is 3 credits and students should expect to spend between 4-6 hours per week reading the assigned readings before the start of the first class. I have not divided the readings up between the Mondays and the Wednesdays and it would be best for each student to read everything before the Monday class as we may have a guest speaker or some in-class activity on one or the other of the days.I do expect you to attend class per the University of Baltimore’s School of law attendance policy as follows:Class attendance is a primary obligation of each student whose right to continued enrollment in the course and to take the examination is conditioned upon a record of attendance satisfactory to the professor. A student who exceeds the maximum allowed absences may be compelled to withdraw from the course, or may be barred from the final exam. Students who are forced to withdraw for exceeding the allowed absences ay receive a grade of FA (failure due to excessive absence). This policy is consistent with the ABA Standards for Law Schools.This class is 3 credits and meets two times per week therefore if you exceed 5 absences you may be compelled to withdraw from the class as determined by the Dean’s Office. If you are absent several times I am likely to let the Dean’s Office know so that they can follow-up with you.I will take attendance in class every day thru a sign in sheet and if you are 15 minutes late to class you will be marked absent for that day so please do not be late.Of course I recognize that life happens so if you are missing class or are late please send me an email and let me know and that information will be provided to the Dean’s Office in the event you are in a situation where your grade is dependent upon attendance requirements.If I cancel class you will receive an email and the cancellation will be posted on the door and I will work with the Law School to provide a make-up class during the puters:I do not allow the use of laptops in class. I will provide a summary of my lecture notes at the end of each week which will contain the high points of the material that we have covered and will assist you as a study aid.Cell phones:Please turn off your cell phone during class. If you need to have your cell phone on for a family emergency please speak to me before class and have it on vibrate mode only. Academic Integrity/Title IX Misconduct and Nondiscrimination Policy:The University of Baltimore’s School of Law’s Honor Code and information about the process for violations of the Honor Code is available on the University’s Website and I will not repeat it here but it applies to my class.In addition, the University of Baltimore has a Title IX Sexual Misconduct and Nondiscrimination Policy also applies and can also be found on the University’s website and it is incorporated by referenceDisability Policy: If you have a documented disability and require an accommodation please contact Leslie Metzger, Director of Student Services at 410-837-5623 or lmetzger@ubalt.edu.ASSIGNMENTS – PLEASE NOTE THE FOLLOWING IS THE DRAFT ANTICIPATED SEQUENCE OF ASSIGNMENTS AND SCHEDULED READINGS.THIS WILL BE UPDATED AND A REVISED SET OF READINGS AND SCHEDULE WILL BE DISTRIBUTED AS SOON AS POSSIBLE AFTER THE ADD/DROP PERIOD CONCLUDES AND I MAY NEED TO UPDATE THE SYLLABUS FURTHER TO ACCOMMODATE GUEST SPEAKERS OR READING ASSIGNMENTS WHICH MAY BE ADJUSTED.THE FIRST THREE WEEKS WILL NOT CHANGE AND YOU CAN ASSUME THAT WE WILL COVER THIS MATERIAL EACH WEEKI WILL DISTRIBUTE MY LECTURE NOTES AS SOON AS POSSIBLE AFTER CLASS TO ASSIST YOU IN YOUR STUDYWEEK 1 – Jan 8 & 10 – Introduction to Environmental Law & PolicyCasebook: Read pp 3-56WEEK 2 – Jan 15 & 17 – Environmental Law Structure & RegulationCasebook: Read pp 65-196 (but skim 65-93 & 142-173) (Skim means look over but we are unlikely to discuss in class but it is useful information)WEEK 3 – Jan 22 & 24– Environmental Impact Assessments (National Environmental Policy Act {NEPA})Casebook: Read pp 912-14; 921-931; 936-37; 943-44; 948-955; 971-978; 983-989; 992-997WEEK 4 – Jan 29 & 31 - Biodiversity and Endangered Species ActJan 29:Casebook Read pp 999-1013; 1029-1045; 1059-77Jan 31:Guest lecture - former Assistant Secretary of the Army for Civil Works Jo-Ellen DarcySee guest lecture bio and read at: \WEEK 5 – Feb 5 & 7 – Quiz covering first 4 weeks of class (via TWEN)Feb 5: Quiz part 1Feb 7: Quiz part 2WEEK 6 – Feb 12 & 14 – Environmental EnforcementFeb 12: TBDFeb 14: Casebook pp. 1139-1155 (Citizen Suits in Environmental Enforcement)Guest Lecturer – Rachel Jacobson, Special Counsel, Wilmer Hale, Washington, DCSee and read bio at: 7 – Feb 19 & 21 – Land Use Regulation & Regulatory TakingsSeptember 24: Casebook Read pp 808-834; 838-853; 890-98 (Regulatory Takings)Carol Rose, “The Story of Lucas” (handout via TWEN)WEEK 8 - Feb 26 & 28 - Water Pollution Control/Clean Water ActCasebook Read pp. 657-753; 679-710; 745-751WEEK 9 – March 5 & 7 – Clean Air ActClean Air ActCasebook Read pp 521-553; 557-569WEEK 10 March 12 & 14 – Quiz 2 covering weeks 6-9March 5: Quiz part 1March 7: Quiz 2 part 2SPRING BREAK - No Classes March 19 & 21WEEK 11 March 19 & 21: Managing Risk in the Face of UncertaintyCasebook: 262-300; 336-341WEEK 12 March 26 & 28 – Waste Management Pollution Prevention: RCRA & CERCLACasebook: pp. 345-407; 409-484WEEK 13 April 2 & 4 - TBDWEEK 14 April 9 & 11 - International Environmental LawCasebook pp 1205 – 1308WEEK 15 April 16 & 18 – Environmental Progress and Future of Environmental LawCasebook pp. 1309 – 1341 ................
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