Upper-division Writing Requirement Review Form (12/1/08) I. General Education Review – Upper-division Writing Requirement Dept/Program Course # (i.e. ANTH Environmental EVST 302 Subject 455) or sequence Studies Course(s) Title Intro to Environmental Regulation Description of the requirement if it is not a single course II. Endorsement/Approvals Complete the form and obtain signatures before submitting to Faculty Senate Office. Please type / print name Signature Instructor Len Broberg Phone / Email 5209 len.broberg@umontana .edu Program Chair Len Broberg III Overview of the Course Purpose/ Description Date The course reviews major principles of environmental regulation in the administrative and judicial context, using federal and state environmental law as examples. The focus of the course is on understanding regulatory approaches and alternatives AND developing legal analysis skills primarily in written form. IV Learning Outcomes: Explain how each of the following learning outcomes will be achieved. Students are given fact situations to analyze Student learning outcomes : using course materials and outside research Identify and pursue more sophisticated questions for academic inquiry Students are required to use at least one Find, evaluate, analyze, and synthesize outside source to support positions taken in information effectively from diverse sources (see http://www.lib.umt.edu/informationliteracy/) their papers beyond that in the course materials Students are asked to take the position of Manage multiple perspectives as appropriate judge or advocate on each issue and resolve issues from that perspective Students are instructed in the methods of Recognize the purposes and needs of legal writing, specifically the Issue Rule discipline-specific audiences and adopt the Analysis Conclusion rubric used to teach academic voice necessary for the chosen legal writing in law schools discipline The first paper is turned in as a draft, Use multiple drafts, revision, and editing in conducting inquiry and preparing written work reviewed by a grader and the student must meet with that grader to review the performance on the paper and go over suggestions for revision. They then are required to revise the paper and turn in a final draft Follow the conventions of citation, documentation, and formal presentation appropriate to that discipline Develop competence in information technology and digital literacy Students are required to give a citation to their outside source according to a format of their choice- either law review, MLA or APA and are provided with handouts to guide the application of proper citation format-proper citation is a part of the grade on the papers Students are instructed on how to use the Lexis-Nexis Academic database for legal source searches and given other search tools available on the internet V. Writing Course Requirements Check list Is enrollment capped at 25 students? If not, list maximum course enrollment. Explain how outcomes will be adequately met for this number of students. Justify the request for variance. Are outcomes listed in the course syllabus? If not, how will students be informed of course expectations? Yes X No The student writing work is evaluated by both the instructor and a graduate student teaching assistant. X Yes No Are detailed requirements for all written assignments including criteria for evaluation in the course syllabus? If not how and when will students be informed of written assignments? Yes X No Students are informed during class of writing expectations prior to the first draft of the first paper, during the meeting with the grader on the first paper draft and throughout the course both individually in meetings and through comments on papers and in class as a whole. (see the IRAC rubric reference above) Briefly explain how students are provided with tools and strategies for effective writing and editing in the major. A foundation course in research and writing is required EVST 201 Environmental Information Resources and students are required to take an upper-division writing course as part of the major and this course is an option to fulfill the policy requirements of the major Will written assignments include an opportunity for revision? If not, then explain how students will receive and use feedback to improve their writing ability. Are expectations for Information Literacy listed in the course syllabus? If not, how will students be informed of course expectations? X Yes No Yes X No Requirements for information literacy are covered in class several times prior to the first paper and they are reminded throughout the course VI. Writing Assignments: Please describe course assignments. Students should be required to individually compose at least 20 pages of writing for assessment. At least 50% of the course grade should be based on students’ performance on writing assignments. Clear expression, quality, and accuracy of content are considered an integral part of the grade on any writing assignment. Formal Graded Assignments Three seven page papers analyzing a common fact situation and applying environmental regulations to those fact situations to take a position, supported by facts and law or making a decision likewise supported. The first paper has a draft, review and revision requirement as described above. All three papers must be completed to pass the course. In addition, meeting with the first paper grader is required or the final revision drops a grade increment. The three papers are graded for content and writing including organization, coherent expression of ideas and positions, proper grammar, use of outside sources, citation format. Students are also required to lead a discussion day where a question or topic is supplied, they do the research to present material and then lead the class in an interactive exercise about the material (debate, game, discussion etc). An optional short answer essay exam is available that can replace a single paper grade. Informal Ungraded Assignments An optional pre-paper assignment is given out the first day of class and is due the next class period. The pre-paper assignment is a shorter, simpler fact situation with the legal rules applicable to the situation and the student is asked to take a position using the facts and law. An extra credit point for class participation is awarded for those that complete the pre-paper. This allows the teaching staff to understand the strengths and weaknesses of the students for this type of writing and to adjust teaching accordingly and to do course outcome assessement by comparing performance on a similar paper assignment near the end of the course. VII. Syllabus: Paste syllabus below or attach and send digital copy with form. ⇓ The syllabus should clearly describe how the above criteria are satisfied. For assistance on syllabus preparation see: http://teaching.berkeley.edu/bgd/syllabus.html Introduction to Environmental Regulation EVST 302.1- Spring 2009 Professor: Len Broberg 107A Rankin Hall 243-5209 Teaching Assistant: Elsa Gruen M-1C Rankin Hall len.broberg@umontana.edu Ofc. Hours: W 12:30-2:30, Th 11:00-12:30 pm Purpose: The purpose of this class is to introduce the student to the history, law and theory of environmental regulation in the United States using public and private land regulation mechanisms as case studies. Basic principles of constitutional and administrative law relevant to environmental regulation, substantive environmental law and the history of environmental problems and their regulation will be covered. Text: FacPac on Ereserve- marked with ERES in syllabus Tentative Syllabus: Readings are identified below. There is a copy of an old hard copy Faculty Pac on reserve-some but not all of the readings are in that faculty pac. The readings are on EReserve and there are no new hard copies for sale. The E-Res web address is http://eres.lib.umt.edu. The password is “takings”. STUDENTS MUST COMPLETE ALL THREE PAPERS TO PASS THE COURSE!!!! Jan 27 Class Intro- Why regulate? Review of Government Structure ERES: Environmental Law: To What does it apply? and Chap 03: Setting regulatory agendas Jan 29-Feb 5 Federalism- The balance of State and Federal Power; ERES: Power Relationships Between Federal and State Government; The Administrative Law of Environmental Law Feb 10- Democracy in Environmental Regulation- The National Environmental Policy Act and Access to Information ERES: Chap 02: National Environmental Policy Act (NEPA) Feb 12 Paper 1 Draft Due Feb 12- The Clean Air Act ERES: Pollution Law Feb 17 Discussion day Feb 19 Climate Change- international regulatory approaches: ERES: The International Regime Feb 24 - Discussion day Paper 1 Returned- Students must meet with paper reviewer prior to revision! Feb 26- TBA March 3 The Endangered Species Act ERES: Citizen’s Guide to the ESA March 5-10 The takings clause and environmental regulation ERES: Meltz(3); Gest March 5 Paper 1 Revisions Due March 12 Discussion Day March 17 Private Conservation: HCPs, Land Trusts and Conservation Easements ERES: Plum Creek HCP- USFWS; Plum Creek Views: HCPs; HCPs: A Sweet Idea Gone Sour March 19 Discussion Day March 19- Paper 2 due March 24 The Mining Law of 1872 ERES: Wilkinson Chap 2 March 31-April 2 No class Spring Break April 7 Montana mining regulation- The State Constitution and Reclamation ERES: Montana Constitution and Metal Mine Reclamation Act April 9 Permitting process and restoration project development April 14 The Organic Acts - Forests and Preserves- National Forests -The Multiple Use Sustained Yield Act- The National Forest Management Act: provisions and implementation ERES: Wilkinson Chap 4; Barker April 16 Discussion Day April 21 Montana’s approach - State Trust Lands, the Forestry Practices Act and Streamside Protection Act ERES: Managing Montana’s Trust Lands; Revenue from Trust Lands; Forest Management on Trust Lands April 21- Paper 3 due April 23 Montana Logging Association April 28 Discussion day April 30 Field Trip Montana Logging Association May 5 Discussion Day May 7 Water resources law ERES: Wilkinson Chap 6 Tuesday, May 12, 8-10 am, Test 1 Grading: Three papers (of at least seven pages each) and one test will be given in the course of the term. The grade will be based on the three best scores (30% each) plus 10% class participation and will be on a plus/minus system. All students must complete 3 papers to pass the course. The final exam will be cumulative over the material for the entire term. It is optional, for those seeking to improve their grade following the papers. Grading will be on a curve. If all of the class is doing well the curve may be "high" with more students getting higher grades, or if the converse is true the curve may be "low". Papers: The paper topics will be supplied by the instructor. They will relate to some aspect of the course covered in that section of the course. Papers will be expected to be approximately 7 pages in length, typewritten and double-spaced. They will require the student to reference outside sources to support the positions taken in the paper. Paper 1 will be revised following comments and resubmitted for final grading. Papers with major writing errors will not receive an "A". Papers containing plagiarism or material not written by the student that is not attributed will receive an "F" and the student will be referred to the appropriate academic discipline procedure. All writing is to be the student’s own work, with references properly documented to outside sources. Papers are due at the beginning of class on the due date. Late papers will receive a grade reduction of one "-" per day they are late(an "A" paper will receive an A- for one day late, a B+ for two days late, a B for three days, etc.). No after-the-fact excuses will be accepted. The late paper penalty can only be waived by prior approval of the instructor before the beginning of the class in which it is due. If you are sick, call before the due date to get an extension. Following the return of the first draft of Paper 1, each student must schedule an appointment with the Teaching Assistant or Instructor to review their comments on the paper before the revision is turned in. Failure to meet with the Teaching Assistant or Instructor that reviewed the first draft will result in a full grade deduction on the final grade for the revision and will result in a lower score for class participation. Final: The final will be short answer essay. No early or late makeups will be allowed, unless specifically authorized by University policy (e.g., multiple exams on the same day). Class Participation Attendance will not be taken, but participation will be noted and accounted for during the class. A large part of the class participation grade will be based on the student’s performance in the class discussion leader role on the assigned day. Each student will be assigned one class day to participate as a discussion leader. A pre-paper will assigned and will count toward the class participation grade. Office Hours: The Instructor and the Teaching Assistants will be available for consultation during their scheduled office hours. These are the hours where "drop-ins" can see the teaching staff. If you want to meet in another time contact the teaching staff by phone or e-mail or during office hours and schedule an appointment. The Final Date to Drop this class with a late fee, but without a petition is 2/13/09 Introduction to Environmental Regulation EVST 302.1 Course Goals The goals of the course include: 1. Understanding of the need for regulation of environmental impacts. 2. Understanding the various methods of regulation possible and the contexts in which they are appropriate. 3. Developing written communication skills. 4. Understanding the current environmental regulatory framework. 5. Understanding the relationship between government and private property. 6. Understanding the relationship between different branches of government under the US Constitution. Expectations of Students By the end of the course students are expected to demonstrate the following skills: 1. Coherent, logical writing on topics of environmental regulation. 2. Ability to identify the issues surrounding environmental regulation in a particular context, including the relevant agencies and actors. 3. Ability to discuss and analyze possible regulatory alternatives for land use regulation. 4. Basic composition and grammar skills at a level commensurate with upper-division undergraduates. 5. Demonstrate an informed knowledge of the regulatory systems currently in use for land use in the United States. 6. Show basic research skills for locating and analyzing outside sources. 7. Ability to formulate and articulate a well-supported and reasoned argument. Niche in the EVST Major Environmental problem solving in the United States requires knowledge of regulatory mechanisms and the alternatives for avoiding or mitigating environmental impacts. This course serves as a basic introduction to the regulatory framework for land use and environmental protection in the United States. It also provides basic knowledge of regulation under the governmental system in place in this country. Students in an Environmental Studies major should be knowledgeable of regulation and the options for a given problem in order to be effective problem-solvers.