This course provides an introduction to federal environmental laws. Topics include common law, toxic torts, federalism, statutory law, regulatory strategies, private property and takings, public trust and international environmental law. Federal environmental laws include National Environmental Policy Act; Clean Air Act; Clean Water Act; Resource Conservation and Recovery Act; and Comprehensive Environmental Response, Compensation and Liability Act. Regulatory strategies, such as technology based standards, road block statute, harm based standards and pollution trading are examined.
(A requirement that must be completed before taking this course.)
Upon successful completion of the course, the student should be able to:
- Summarize the developmental history of environmental law, including changing roles of individuals and corporations, the increase in scientific knowledge, changing role of the legal system, and the role of media.
- Analyze environmental cases to determine the complaint, facts, rule of law and decision for assigned cases.
- Differentiate between common law and statutory law.
- Compare the Clean Water Act's technology based effluent standards and water quality based effluent standards.
- Explain the policies and goals of the National Environmental Policy Act (NEPA).
- Explain the relationship between the federal government and the states, including the concepts of federalism and the dormant commerce clause.
- Evaluate effective regulatory strategies, including market enlisting, technology forcing, and roadblock statutes, designed to meet specific environmental goals.
- Identify the major elements that contribute to the formulation of environmental policy at the state and federal level.
- Summarize the responsibilities of individuals/companies that generate hazardous waste, transport hazardous waste, and dispose of hazardous waste.
Currently no sections of this class are being offered.