Autumn Quarter 2005
2:30 – 3:50 PM
295 Mary Gates Hall http://courses.washington.edu/sma47605/
Instructor:
Beth Bryant, J.D.
MAR 229
(206) 685-2417 bcbryant@u.washington.edu
Office hours by appointment
Required Texts
Bass, Ronald E., Albert I. Herson, and Kenneth M. Bogdan, The NEPA Book, (2 nd
Ed.), Solano
Press Books (2001). Available at University Bookstore.
Course Pak for SMA/ENVIR 476. Available at Odegaard Copy Center.
Helpful Websites http://dictionary.law.com
(easy-to-use online law dictionary) http://lib.washington.edu/databases/LexisNexis (basic online legal research tool, free to students) http://lib.law.washington.edu/research/research.html
(links to a variety of internet legal resources, courtesy of our very own UW Law School library)
Course Introduction
This is an introductory environmental law course, with emphasis on the practical use and application of legal concepts within the context of living marine resource management. The course features three integrated elements: basic legal skills, substantive legal concepts, and a case study.
Basic Legal Skills: We begin by learning how to locate and decipher legal research materials, including statutes, regulations, judicial opinions, and law review articles. You will also try your hand at summarizing cases in a page or two, an important skill known as “briefing.” This part of
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the course is designed to give you transferable skills that will help you approach legal issues in any context, including this course, other law-related courses, and in the workplace.
Substantive Legal Concepts : We explore basic principles of administrative law and process, with emphasis on judicial review of agency decisions. We then review key statutes in North Pacific marine resource management. The focus here is on NEPA, which is arguably the most important and influential environmental law in existence, as well as being the law you’re most likely to encounter in the “real world” on a regular basis.
Case Study: The course culminates in a participatory case study, in which you will integrate and apply what you’ve learned to an actual resource management dilemma. You do not need to do any additional research for this project; all materials will be given to you in advance.
One of the major themes running throughout the course is the challenge of integrating science and law in environmental management. Most people know that environmental science is fraught with scientific uncertainty, but the management implications tend to go unrecognized. Research in this area often challenges conventional wisdom about the proper role of science and scientists in the environmental policy process. I suggest that you keep this issue in mind as you read the course materials and participate in class discussions.
Environmental law and process is a vast subject that cannot be conveyed in its entirety within the scope of a 3-credit introductory course. Because this is an SMA course, the materials focus primarily on coastal and marine topics. However, it is my hope and intention that the basic legal skills and environmental law concepts taught in this class will ultimately prove useful to all of you, no matter what type of environmental career you pursue.
Course Goals and Objectives
• Understand the basics of administrative process in environmental law
• Overview of major statutes relevant to marine resource management
• Learn how to use online databases to retrieve legal materials
• Become familiar with the structure and function of judicial opinions
• Gain a deeper understanding of the science-law-policy interface
• Lay a foundation for further legal studies
Assignments
(1) Readings. All students should come to class prepared to discuss the readings that have been assigned for that day. The readings are listed in the syllabus according to the date on which they will be discussed. To improve in-class participation, each student will have a pre-assigned
“reading expert week.” During your week, I will expect you to be very well acquainted with the materials and ready to answer any questions that may come your way!
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(2) Exercises. I will assign four graded exercises, which are designed to help you develop and apply your basic legal skills. Please turn in your completed exercises at the beginning of class on the due date. Late penalties apply (see below).
(3) Case Study: You will have a choice of four case study scenarios based on actual resource management dilemmas. All materials needed to do the case study exercise will be given to you in advance; no additional research is required. You’ll choose a stakeholder role and spend one class period meeting with you’re the other members of your case study group to discuss the issue. Each group will compile the results of this discussion into a single paper which will serve as the foundation for an in-class presentation. Each group will be graded as a whole for the group paper and presentation, and each student is expected to actively participate.
(4) Participation and attendance: Please come to class prepared to discuss the assigned reading for that day. Don’t hesitate to ask questions about things you don’t understand. I encourage you to continue your discussions on ePost (accessible through the course website). All students must participate in ePost discussions at least once per week.
Those of you who prefer written to verbal participation should post more often to maximize class participation points. Regular attendance is also very important. Excessive unexcused absences will affect your final grade.
Grading
Exercises:
Case Study:
60 points total (4 exercises worth 15 points each)
30 points total (divided among papers and presentations)
Participation: 10 points (regular attendance, in-class participation, ePost)
There is no formal, pre-ordained grading curve. However, students who make the extra effort to turn in superior work will be rewarded accordingly. I will grade undergraduates separately from graduate students.
Late Assignments
Please complete your assignments on time . Your exercises will be turned in via Catalyst E-
Submit. They will be time-stamped and you’ll get an electronic receipt, which should eliminate any ambiguities or misunderstandings regarding timeliness, lost papers, or technical problems with email attachments. Exercises turned in late (without advance instructor approval) will lose one point per day.
Approval will be granted freely if you’re facing some kind of unusual unfortunate circumstances, such as sickness, family matters and the like. Be sure to email, call, or drop by my office before the assignment due date to discuss your situation. Extensions will not be granted if the request is made on or after the due date.
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Thursday 10/6
Tuesday 10/11
Thursday 10/13
Tuesday 10/18
Thursday 10/20
Course Schedule
Date
Thursday 10/29
Tuesday 10/4
Topic, Readings and Exercises
Course Introduction: What Is Environmental Law?
Introduction to the American Legal System
Reading:
N. Kubasek and G. Silverman, Environmental Law (5 th
ed.), pp. 3- 16 and
29-45 (Course Pak)
Legal Research Training Seminar: Finding the Law in Print
Presented by Ann Hemmens, Law School reference librarian
Meet at Gates Hall (the new law school building), Legal Research
Training Center, Rooms L201 and L202. See course website
“Announcements” section for details and a map.
Exercise #1: Legal Research in Print. Due Thursday 13 October
The Litigation Process and Alternative Dispute Resolution
Reading:
Kubasek and Silverman, pp. 50-82 (Course Pak)
Legal Research Training Seminar: Finding the Law Online
Guest speaker: Cheryl Nyberg, Law School reference librarian
Meet at Gates Hall, Legal Research Training Center, Rooms L201 and L202.
Exercise #2: Legal Research Online. Due Thursday 10/20
Deciphering and Briefing Legal Opinions
Readings:
(1) Calleros, Legal Method and Writing, pp. 89-112 (Course Pak)
(2) Berringer and Edinger, Finding The Law (11 th
ed.), pp. 28-34
(Course Pak)
Exercise #3: Prepare a brief of Greenpeace v. NMFS, 55 F.Supp.2d 1248
(1999). Due Tuesday 25 October
Discussion of Exercises #1 and #2
Administrative Law: Rulemaking, Adjudication, and Limitations on
Agency Powers
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Tuesday 10/25
Thursday 10/27
Tuesday 11/1
Thursday 11/3
Tuesday 11/8
Thursday 11/10
Tuesday 11/15
Readings:
Kubasek and Silverman, pp. 88-104 (Course Pak)
Discussion of Exercise #3
Judicial Review of Agency Decisions
Readings:
(1) Findley and Farber, Environmental Law in a Nutshell, Chapter 1:
Judicial Review of Government Decisions, pp. 1-20 (Course Pak)
(2) Rodgers, Environmental Law, §1.8 Scope of Judicial Review: Hard
Look or Soft Glance? pp. 90-99 (Course Pak)
National Environmental Policy Act: Structure and Function of NEPA
Readings: The NEPA Book, pp. 1-42
Deciding How to Apply NEPA: EA, FONSI, EIS
Readings : The NEPA Book, pp. 43-86
Content and Scope of an EIS
Readings : The NEPA Book, pp. 87-126
NEPA: Judicial Interpretations and Effectiveness
Readings: The NEPA Book, pp. 163-181 and 193-204
Exercise #4: Reviewing NEPA Documents. Due Tuesday 11/15
Endangered Species Act
Readings:
Ryan and Schuler, “The Endangered Species Act: A Primer.” Available at: http://www.mrsc.org/subjects/environment/esa/esaprime.aspx?r=1
Water Quality Control
Case Study Materials Distributed
Readings:
Kubasek and Silverman, pp. 223-240 (Course Pak)
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Thursday 11/17
Tuesday 11/22
Thursday 11/24
Tuesday 11/29
Thursday 12/1
Tuesday 12/6
Thursday 12/8
Ocean and Fisheries Management Overview
Readings:
(1) “Navigating the Council Process (What Is The Pacific Fisheries
Management Council?)”
Available at: http://www.pcouncil.org/guide/Guide-part1.html
(2) Robin Kundis Craig, “Regulation of U.S. Marine Resources: An
Overview of the Current Complexity”, 19 Natural Resources &
Environment 3 (Summer 2004) (available on Lexis)
Restrictions On Developing Private Lands and Coastal Waters
Readings:
(1) Findley and Farber, pp. 223-253 (Course Pak)
(2) Mark Dowie, “In Law We Trust: Can Environmental Legislation Still
Protect the Commons?” Orion (online) July/August 2003.
Available at: http://www.oriononline.org/pages/om/03-4om/Dowie.html
HOLIDAY
Challenges of Integrating Law and Science
Readings:
(1) Houck, O. (2003). Tales from a Troubled Marriage: Science and
Law in Environmental Policy. Science 302: 1926-1929.
Available at: http://www.sciencemag.org/cgi/content/full/302/5652/1926
(2) Lackey, R.T. (2004). Normative Science. Fisheries 29(7):38-39.
Available at: http://www.epa.gov/wed/pages/staff/lackey/recntpub.htm
Meet in class with your case study groups.
Assignment: Compile 2-3 pages of well-organized notes summarizing your preferred solution to the case study questions through the perspective of your stakeholder role. Bring to class and be prepared to discuss with your study group.
Case Study Presentations (Groups 1 and 2)
*** ALL GROUP PAPERS ARE DUE TODAY***
Case Study Presentations (Groups 3 and 4)
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