Environmental Law, Policy, and Decision-making
Syllabus Spring 2020 (EESC BC3040)
The ceiling tondo Justice by Raffaelo Sanzio in the Stanza della Segnatura in the Vatican Palace. Iustitia, the Roman goddess of justice, is seated with her symbols of the law, the scales of justice that weigh the evidence pro and con and the sword of righteous enforcement. She wears no blindfold in this depiction. The Stanza della Segnatura (or room of the tribunal) takes its name from the highest court of the Holy See that used to meet in this room in the mid-16th century after the frescoes were painted in 1508-1511. (Photo P. Bower)
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#1-Jan. 21
#2-Jan 23 |
Introduction to the Course; The Importance of Studying Law for the Undergraduate; Historical Origins and Nature of the U.S. Legal System.
Bower/Neacsu: pp 1-53 > Introduction to U.S. Law, Policy and Research – An Environmental Perspective “Introduction” “Chapter 1 - Historical Origins and Nature of the U.S. Legal System” “Chapter 2 - The Structure and Function of the U.S. Legal System and Its Lawmaking Institutions” Law as Multifaceted Normativity. The Structure and Function of the U.S. Legal System and Its Lawmaking Institutions Bower/Neacsu: pp 53-82 Chapter 3 – Thinking about Law as an Object of Research – Basic Principles of Legal Research” “Chapter 4 – Applying the Principles of Legal Research - Using Secondary Sources” In-class Quiz #1: Law as Multifaceted Normativity, pages 82-83 |
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#3-Jan. 28
#4-Jan. 30 #5-Feb 4 #6-Feb. 6 #7-Feb. 11 #8-Feb. 13 |
Basic Principles of Legal Research
Bower/Neacsu: pp 54-96 “Chapter 3 – Thinking about Law as an Object of Research – Basic Principles of Legal Research” “Chapter 4 – Applying the Principles of Legal Research - Using Secondary Sources” “Chapter 5 – Using Primary Sources” In-class Quiz #2: Law as Multifaceted Normativity (part II), pages 96-100 Applying the Principles of Legal Research to Environmental Law Research Bower/Neacsu: pp 134-142 > Introduction to U.S. Law, Policy and Research – An Environmental Perspective - “Chapter 7 – Learning to Write a Brief: Whalen v. The Union Bag and Paper Co.” A. Facts, Issues, Rule, Application to the Facts Briefing a Case: Whalen v. The Union Bag and Paper Co Bower/Neacsu: pp 101-133 > Introduction to U.S. Law, Policy and Research – An Environmental Perspective -“Chapter 6: Learning to Read a Case: Environmental Torts and the Boomer Decision” Briefing a Case: Boomer v. Atlantic Cement Co. > Exercise #1 = writing a brief – due February 18 Boomer v. Atlantic Cement Co. A. Procedure and the Litigation Process B. Remedies: Equity, Injunctions, and Damages in Boomer C. Private Nuisance and Intentional Tort D. Facts, Issues, Rule, Application to the Facts Boomer v. Atlantic Cement Co. (continued) |
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#9-Feb. 18
#10-Feb. 20 #11-Feb. 25 #12-Feb. 27 #13-March 3 #14-March 5 |
The making of Environmental law: Wilsonville v. SCA Services, 86 Ill.2d 1, 426 N.E.2d, 824 Ill. (1981)
> Bower/Neacsu: pp 143-182
The making of Environmental law: Environmental cases - Spur Industries, Inc. v. Del Webb Development Co., 108 Ariz. 178, 494 P.2d 700 (1972) A. Externalities: An Economic Analysis of the Commons B. Cost-Benefit Analysis, Uncertainty, and Risk C. Facts, Issues, Rule, Application to the Facts > Bower/Neacsu: pp 182-197 > Exercise #1 = writing a brief – due today (Whalen and Boomer) Exercise #2: Briefing a precedential case and its subsequent application Due March 3 Exercise #2: Legal Research: Briefing a precedential case and its subsequent application. The exercise requires you to create a word document which should include a cover page with the title, Exercise #2: Legal Research: Briefing a precedential case and its subsequent application, your name, date, course, and professor’s name. The document will also contain the following sections:
The making of Environmental law: Borland v. Sanders Lead Co., 369 So.2d 523 (1979) Bower/Neacsu: pp 197-215 >– see the Companion Website > Read the relevant section in Introduction to U.S. Law, Policy and Research – An Environmental Perspective - “Chapter 8 – Case Studies in Common Law Environmental Torts” A. Facts, Issues, Rule, Application to the Facts The making of Environmental law: Branch v. Western Petroleum, Inc., 657 P.2d 267 (1982) Borland v. Sanders Lead Co. > Exercise #2 due Bower/Neacsu: pp 216-238 > Read the relevant section in Introduction to U.S. Law, Policy and Research – An Environmental Perspective - “Chapter 8 – Case Studies in Common Law Environmental Torts” A. Facts, Issues, Rule, Application to the Facts Exercise 2 discussion |
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#15-March 10
#16-March 12 March 14-22 |
The Making of Environmental law: Mid-term review. The role of private litigation (Wilsonville, Spur, Borland, and Branch) in the making of environmental law. Using your own words, please explain how (private and public) nuisance and trespass litigation helped create US environmentalism.
Mid-term: The role of private litigation (Wilsonville, Spur, Borland, and Branch) in the making of environmental law. Using your own words, please explain how (private and public) nuisance and trespass litigation helped create US environmentalism. Spring Break: No Classes > March 24 is first day back from break and I will begin a discussion of Civil Action and Ex. #4. Please read A Civil Action by Jonathan Harr. The questions, especially those concerning the law and the sequence of events, found in The Guide to the Reading of A Civil Action (posted on the Companion Website.) will help focus your reading. |
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#17-March 24
& #18-March 26 #19-March 31 |
Litigating Toxic Torts: A Civil Action: The Lessons of Woburn
A. Civil Action: Lessons of Woburn B. Proof of Complex Causation Bower/Neacsu: pp. 239-243; 354-361 > Jonathan Harr – A Civil Action > Anderson v. W.R. Grace & Co., Beatrice Foods Co., et al. 628 F.Supp. 1219 (1986) – (to be handed out) > Introduction to U.S. Law, Policy and Research – An Environmental Perspective - “Chapter 11: Environmental Statutes and the Modern Environmental Movement” A. Facts, Issues, Rule, Application to the Facts Introducing Endangered Species Act – A Congressional Success Story Bower/Neacsu: pp. 244-251 > Introduction to U.S. Law, Policy and Research – An Environmental Perspective - “Chapter 10: The Endangered Species Act of 1973” > The Endangered Species Act of 1973 => pages 244-245 > First Section: Declaration of Purposes and Policy (§ 1531) => 246-247 > Second Section: Definitions (§ 1532) => 247 > Sixth Section: Far Reaching Mandate (§ 1536) => 248 > Ninth Section: Powerful Prohibitions (§ 1538) => 249-251 > Third and Eleventh Sections: CITIZENS STANDING AND PARTICIPATION (§ 1533-1540) Þ251 =>252 (You must turn in your chosen statute and case for the Final Research Paper on or before April 9) |
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#20-April 2
#21-April 7 |
Early Supreme Court Jurisprudence Regarding Environmental Law – Overton Park v. Volpe, 401 U.S. 402, 91 S.Ct. 814 (1971) and Tennessee Valley Authority v. Hiram Hill, 437 U.S. 153, 98 S. Ct. 2279 (1978)
Bower/Neacsu: pp. 252-263 > Read the relevant sections of Introduction to U.S. Law, Policy and Research – An Environmental Perspective - “Chapter 10: The Endangered Species Act of 1973” A. Facts, Issues, Rule, Application to the Facts > 16 USCA § 1531; P.L. 93-205 (1973) (You must turn in your chosen statute and case for the Final Research Paper on or before April 9) Environmental law in action: Tennessee Valley Authority v. Hiram Hill, 437 U.S. 153, 98 S. Ct. 2279 (1978) Bower/Neacsu: pp. 252-263 > Read the relevant sections of Introduction to U.S. Law, Policy and Research – An Environmental Perspective - “Chapter 10: The Endangered Species Act of 1973” A. Facts, Issues, Rule, Application to the Facts > 16 USC § 1531; P.L. 93-205 (1973) (You must turn in your chosen statute and case for the Final Research Paper on or before April 9) |
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#22-April 9
#23-April 14 #24-April 16 #25-April 21 #26-April 23 #27-April 28 #28-April 30 |
Environmental law in action:
Bower/Neacsu: pp. everything covered so far. In class Quiz #3 1. Bring your laptop to class. 2. Write your name on top of the word document. 3. Choose a case, and indicate the heading of the case below your name. Choose either Overton Park, Scenic Hudson, or Tennessee Valley Authority. 4. Locate a statutory issue discussed in that case (whether a particular statutory provision applies and why). 5. Write it down. 6. Find the court’s holding, and its rationale. 7. Write down the court’s judicial interpretation of that specific statutory provision. 8. Support or criticize the court’s position in 500 words or less. (FINAL DAY to turn in your chosen statute and case for the Final Research Paper on or before April 9) Environmental law in action: A Rare Bird and Critical Habitat Palila v. Hawaii, 649 F.Supp. 1070 (1986) and Grizzly Bears and the Listing Process Bower/Neacsu: pp. 263-277 A. Facts, Issues, Rule, Application to the Facts Regulatory Public Law: The Evolution of Environmental Statutes and Legal Research: Statutes, CFRs, Citators and Final Research Paper: How Case Law Defines a Statute Final Research Paper: How Case Law Defines Statutory Law (Review the requirements for the Final Research Paper on the Companion Website.) Bower/Neacsu: pp. 362-371 Introduction to U.S. Law, Policy and Research – An Environmental Perspective - “Chapter 12: Environmental Law Research Combines Decisional, Statutory, and Administrative Law Research Environmental law in action: The Florida Panther and Enforcement by the Federal Government U.S. v. Billie, 667 F.Supp. 1485 (1987 Bower/Neacsu: pp. 288-296 A. Facts, Issues, Rule, Application to the Facts Environmental law in action: Overton Park v. Volpe, 401 U.S. 402, 91 S.Ct. 814 (1971) Bower/Neacsu: pp. 372-386 > Introduction to U.S. Law, Policy and Research – An Environmental Perspective - “Chapter 13: The Role of Administrative Law in Protecting the Environment” A. Facts, Issues, Rule, Application to the Facts The Role of Environmental Law – The Role of Administrative Agencies – Final Lecture Wrapping up; Final paper is due. |
