Environmental Law
The Big Picture
Exam Preparation Strategy
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Read the book, carefully.
Most of the chapters have one or two problems.
(These are called problems in the detailed TOC.)
 These are designed to test your ability to use
the material in the chapter to analyze an
environmental problem.
 You should think about how you might answer
each of these problems as a review of the
chapter.
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Chapter 1
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Introduces the pollutants with the major health
effects
The Lazarus piece sets up the major issues that
complicate environmental law.
The ongoing climate disruption problem is
introduced.
 This is important to understand, because future
problems build on it.
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Chapter 2
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This chapter introduces common law remedies for
environmental pollution.
 The book presumes that you are familiar with
these from your common law property course.
 If you have not taken common law property yet, do
not despair, you only have to know what is
covered in the chapter.
A key issue is the interplay between the remedies and
cost benefit analysis as described in the Coase
paper.
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Chapter 3
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This is your basic introduction to administrative law
 Read it especially carefully if you have not taken
administrative law
Overton Park and Chevron are key cases in
environmental law
A key issue in this chapter is the interplay between
the common law remedies from Chapter 2 and the
modern environmental laws.
 Make sure you understand preemption
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Chapter 4
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This is an introduction to the goals of the main
environmental laws.
While is mostly a setup for the rest of the book, I
would look through the notes to each law.
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Chapter 5
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Effects based standards
You should understand why we started with these,
and why they often prove very difficult to administer.
Lead is the paradigmatic example, and one we refer
to in later chapters.
The discussion about dams and anti-degradation
clauses is also a recurring theme.
This chapter introduces the Atrazine problems, which
we see again later.
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Chapter 6
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Technology based standards
Why use these?
What are the tradeoffs?
How is CBA used in these standards?
This chapter's problem introduces the issues in
regulating mercury
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Chapter 7
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Cost benefit analysis
How does this play out in the different examples?
Why is it the dominate theme in all environmental
law?
This chapter's problem is an important analysis of
CBA for auto emissions.
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Chapter 8
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Traditional regulation, i.e., command and control
regulation
What is the tension between these standards and
innovation?
This chapter introduces criminal intent issues in
environmental enforcement.
 How does this change the game from civil
enforcement?
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Chapter 9
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Economic incentives
 Using the market to reduce pollution
What programs have been successful and why?
What do think about in designing an incentive
based program?
Make sure you understand the offset problem
What are environmental justice issues in market
based solutions?
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Chapter 10
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Information based approaches
How does the NEPA process drive better
environmental decisionmaking if the agency can
ignore the EIS once is done?
How can public interest litigators and others use
NEPA to stall projects?
This chapter adds to the atrazine problem saga.
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Chapter 11
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The solid waste laws
How is the approach in these laws fundamentally
different from the other pollution laws?
Why do these laws generate much more litigation
than the other laws?
Why are economic stakes so high?
What does this chapter's problem add to our
understanding?
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Chapter 12
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Environmental restoration
Why is the potentially impossible?
What are the limitations to restoration?
What are the strategies?
How is compensation and mitigation different form
restoration?
How do we decide which to do?
What do we learn from the Colorado River projects?
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Chapter 13
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Private cleanup
Why is apportioning liability so much of a
problem?
How does CERCLA attempt to do this?
 How can be liable?
 Are there defenses?
What do we learn from the pig farm case?
This problem is based on how to counsel a client. 15
Chapter 14
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Allocating governmental responsibility
What are the roles of the different branches of
government in protecting the environment?
 What do we learn from the tailpipe emissions
story?
What about the allocation of authority between the
state and federal governments?
 Why have the state approaches often failed?
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Chapter 15
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International law
Why is the problematic?
How is international law expressed domestically?
What international responses have worked?
How do these differ from the problems posed by
global warming?
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Chapter 16
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How do we know if there are violations of the
environmental laws?
How much latitude does the government have in
forcing companies do detect and report
violations?
 Why isn't this a self-incrimination problem?
What are the issues with the audit privilege?
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Chapter 17
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Governmental enforcement
What are the theories of the best level of civil penalty
for deterrence?
 Why are civil penalties often not fully collected?
What are the pros and cons of criminal enforcement?
 What are the problems with proving intent?
 Can you have strict liability crimes?
This problem deals with climate change law
enforcement.
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Chapter 18
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Citizen enforcement
Why allow citizen enforcement of state and federal
law?
What are the objections to citizen enforcement?
What are the standing issues?
Where does Mass v. EPA fit into the standing
analysis?
When can you get attorney's fees?
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