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BUS 478 – ENVIRONMENTAL LAW
Spring 2014
Associate Professor L. Johnson, PhD, JD
McIntyre Hall Room 111F
(253) 879-2870 (Please feel free to leave a message.)
ljohnson@pugetsound.edu
OFFICE HOURS:
Please check “Announcements” in Moodle for changes to office hours, which may be made if
necessary to meet the demands of other university business. If office hour changes are necessary,
those changes will be posted there.
Mondays 2:30 pm – 3:45 pm, EXCEPT 3/24, when office hours are cancelled
Wednesdays 10:30 am – noon, EXCEPT 4/23, when office hours are cancelled
Tuesdays & Thursday by appointment only (appointments on Tuesday and Thursdays may be
scheduled between 7:00 am – 7:45 am and at 12:30 pm)
Sign-up sheet for Monday and Wednesday office hours are on my office door. Please sign up if
you need to see me during office hours. You can also simply stop by during the Monday and
Wednesday office hours if you need to see me.
If you need an appointment outside of regular Monday or Wednesday office hours, appointment
requests must be made by email. If a student does not show up for a scheduled appointment
outside of regular Monday or Wednesday office hours, then the student will need to come during
regularly scheduled office hours in the future. This means that you must not schedule an
appointment and then not show up.
EMAIL POLICY: Email is checked one time each day between Monday and Friday. Email is not
checked on Saturday or Sunday. If you send a question via email, you will receive a response.
However, since email is only checked one time each weekday, then you may not receive a return
email until as late as midnight the following calendar date, depending upon whether email has
already been checked that day. Note, too, if you send an email on Friday, you may not receive a
response until Monday.
CLASS MEETING TIMES AND ROOM ASSIGNMENT:
T TH 8:00 – 9:20 am OR 9:30– 10:50 am in Mc320
You must come to class on time. Do not arrive late. Arriving late is highly disruptive to the other
students in class. Attending class is required.
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ELECTRONICS IN THE CLASSROOM: Do not engage, use, or otherwise employ recording devices
of any kind in the classroom. You may use an electronic device (e.g., computer) to read class
materials, take notes, or engage in class assignments in the classroom. If you are using your
computer to do anything else, then you will no longer be able to use your computer in class. You
are not permitted to surf the Internet, participate in social networking sites, make or receive
emails, make or receive telephone calls, take photographs, read or send texts, listen to music or
other audio materials, watch videos, record audio or visual material from class or any person in
class, or engage in any other activity during class that is not directly related to class activities.
Your electronic devices must be silent at all times. Google Glass is prohibited. If your electronic
devices are distracting, or if you violate these policies, you will not be permitted to bring your
electronic devices to class in the future.
REQUIRED MATERIALS:
Johnson, L. & Powell, F. (2014). Environmental Law. Cengage Publishing (in press). Students,
please note that this book is in press and not yet available for purchase. Therefore, chapters will
be posted on Moodle for your exclusive use.
Additional readings will be posted on Moodle. We will develop a comprehensive bibliography as
part of our class exercise in developing a reading list.
COURSE DESCRIPTION
This class examines substantive domestic and international environmental law and natural
resource law to better understand how those laws relate to businesses in the United States and
internationally. Students also consider more general issues related to environmental and natural
resource legislation and regulation. These issues include the tension between business and the
environment, the concept of sustainability, the appropriate goals of environmental regulation, the
problems of monitoring and enforcement, and the roles of science and risk assessment, including
valuation of environmental injuries and environmental benefits. Studies of environmental legal
history and environmental ethics are interwoven throughout the course. Students use case
method studies, statutes, and legal cases to explore these concepts in contemporary situations.
Students are responsible for substantial class leadership responsibilities including leading and
contributing to substantive discussions reflecting an understanding of class material. Students
identify suitable topics for exploration, formulate research questions, conduct independent
research, write a substantial research paper, and present their work to the class.
Prerequisites: BUS 205, 305/320, 310/335, 315, 340, and senior standing or permission of
instructor. Satisfies the senior research seminar requirement for business majors.
LEARNING OBJECTIVES
Mechanics: One of the primary objectives of this senior research seminar is for you to develop
research, analysis, and writing skills. You will develop an original work that answers a researchworthy question about environmental law and business. Students should pick an environmental
law topic related to business that they find interesting.
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Substantive environmental law: Another primary learning objective of this senior research
seminar is to learn about the substantive areas of environmental law.
Students who complete the course will learn how to:
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Develop writing, research, and presentation skills
Develop discussion/seminar leadership skills
Examine existing domestic and international law as it relates to the natural environment
Apply environmental law to contemporary environmental challenges related to business
Develop familiarity with environmental ethics and the history of environmental
regulation
Recognize competing approaches to pollution and natural resource regulation
Develop an original argument and orient it within the existing literature
COURSE TOPICS
Foundations of Environmental Law: We will examine different environmental philosophies and
ethical theories, environmental legal history, alternatives to environmental law, and sources of
environmental law.
Natural Resource Preservation; Pollution & Waste Management: We will examine the domestic
substantive laws and other mechanisms that regulate (or could regulate) pollution, waste
management, and natural resources.
International Environmental Law: We will focus on international environmental problems, the
multinational legal mechanisms that seek to address those issues, and the interaction between
those restraints vis-à-vis the concept of sovereignty.
Research and writing skills: Students will research, prepare, and present a substantial paper
related to environmental law and business. This is a semester-long project. Accordingly, we will
spend substantial class time discussing the mechanics of such an undertaking, as well as
developing skills and knowledge to undertake the individual components of that project.
GRADING CRITERIA: Your work will be assessed based upon your performance level or points
earned as shown in the table below. Remember that I do not “give” grades; rather, you earn your
grade.
Grade
A
AB+
Grading Criteria
Percent Earned
Performance Level
94-100
90-93
87-89
Student demonstrates excellent performance in
written work and oral presentations. Content,
organization, originality, analysis, demonstration of
understanding, and application of course material
significantly exceed the minimum requirements.
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B
BC+
84-86
80-83
77-79
C
CD+
74-76
70-73
67-69
D
D-
64-66
60-63
F
0-59
Student demonstrates above average performance
in written work and oral presentations. Student
exceeds the minimum requirements in some, but not
all, of the above mentioned areas.
Student demonstrates average performance in
written work and oral presentations. Student has
satisfactorily completed the content and structure of
the assignment.
Student demonstrates below average performance
in the quality of the written and oral presentations.
The quality of work is not acceptable for a college
student.
ACADEMIC HONESTY
Academic honesty is highly valued at the University of Puget Sound. Please review the
University’s Academic Honesty Policy. Plagiarized documents will receive a zero.
GENERAL EXPECTATIONS
AND CLASS POLICIES
Carefully read the entire syllabus, including this section of policies. You are responsible
for knowing and abiding by all policies in the syllabus. Policies may be added as needed.
Written work & reading
Assignments must be submitted free from grammar, punctuation, and spelling errors. All
work written outside of class must be submitted in APA format. If you do not know how to
format papers in APA, please consult with the Center for Writing, Learning, and Teaching.
You are expected to read and understand the material presented in the assigned readings
prior to the day of class for which it is assigned. If you see a word that you do not understand,
look up the definition in a dictionary. Try not to skip over words that you do not understand.
We will spend a great deal of in-class time working problems and learning legal analysis.
It is essential that you prepare for each class before the class begins, so that you may apply the
concepts that you learned in your reading to the in-class exercises. If you do not come to class
prepared, you will not be successful in class.
Extra credit
Extra credit will not be available in this class.
Incomplete
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Grades of incomplete will not be available except under extraordinary circumstances.
Late policy, class attendance policy & responsibility for assignments
If you do not attend on the day of an exam or other in-class assignment, you will earn a
zero. Please note that if you miss class for any reason, it is your responsibility to catch up. I will
not conduct a private lecture for you. If you miss class, do not come to my office and ask if we
did “anything important.” We did. In general, late assignments will not be accepted. If you
have specific permission from me to submit a late assignment, and you have secured that
permission before the assignment is due, then your score will be reduced 10% per day for each
day that the assignment is late. Permission will not be granted to submit a late assignment if
permission is sought after the assignment is due. Do not ask me to waive the late policy. The late
policy applies to all assignments.
It is your responsibility to know when assignments are due. Calendar those assignments.
You should notify me by email prior to the beginning of any class that you intend to
miss. Your email should set forth the reasons for your anticipated absence. If your absence is
excused – which is at my discretion – you will be permitted to make up any in-class writing that
was given during the missed class. However, it is your responsibility to ask me for the
assignment, and the assignment must be submitted no later than one class period after your return
to class. If your absence is not excused, no make-up assignment will be accepted for credit. If
you do not email me prior to the beginning of the class that you intend to miss, no make-up
assignment will be accepted for credit. The email must be received by the professor prior to the
beginning of class, as determined by the time/date stamp on the email when it is received in the
professor’s email inbox. An exhaustive list of excused absences cannot be listed here, but they
do NOT include missing class to fulfill obligations for other classes, work, travel related to a
holiday, or personal interests. Participation points cannot be made up. Note that if participation
credit is awarded on a day that you have an excused absence, you will still receive “0” for
participation. As a special note, please recognize that we DO have class on the Tuesday before
Thanksgiving. We DO have class during the week prior to Spring Break. We DO have class on
the last day of class. This is true, even if you have already purchased airline tickets. If you do not
come to class those days or on any day because you are traveling or due to some other unexcused
absence, you will not be permitted to make up the work. Additionally, you will not be permitted
to do the work in advance.
Do not come to class ill. You will be sent home if you come to class ill.
Do not ask for any of the policies to be waived.
Emails
Treat an email from your professor as you would an email from an employer. Do not
ignore it. Do not lose it. If you have a technological problem, contact technical support and
correct it. Technological problems are not a valid excuse for not reading and responding to
emails from your professor.
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Moodle
You are responsible for checking our Moodle site regularly for class related materials.
Office Hour Policies
Do not come to office hours to hang out. When you visit your professor in office hours,
make sure to have well-formulated, prepared questions that you have already attempted to
answer on your own. Your professor is not your study partner. If you would like to have a study
partner, please acquire one among your classmates. When you visit during office hours, we will
not systematically go through in-class worksheets or other study questions. Part of learning law
is gaining confidence in your ability to identify relevant issues, knowing the relevant rule of law,
applying the rule of law to the facts, and reaching a supportable conclusion. Gaining confidence
requires independent practice.
Do not sign up for more than one slot of office hours at a time. If you need additional
time, then we will schedule more office hours periodically in the future, after we have assessed
the challenges that you are facing with the class material. However, no one is permitted to sign
up for a block of office hours, because that deprives other students – including “drop in”
appointments – from being able to use office hours.
Legal advice is never given or offered. Do not ask for any legal advice. If you need the
services of an attorney, please hire one.
Do not ask to use your professor’s computer or telephone.
Professor Johnson’s office is a cell phone free office. Please turn off your phone before
entering. Do not consult your telephone for telephone messages or text messages or for any other
purposes when visiting your professor.
Do not come to office hours if you ill.
Do not ask for your Professor to read your assignments and give feedback before they are
due. If you need assistance with proofreading, organization, or making clear your writing, please
visit the Center for Writing, Learning, and Teaching. Assignments will not be previewed before
they are graded. If you have specific questions related to law, please ask those questions, and
then incorporate your understanding of law into your paper.
Please note that Professor Johnson is not a personal counselor. If you are experiencing
personal problems, please make use of the resources on campus to help you with those issues.
Please do not ask Professor Johnson to become involved in disagreements with other students,
your coach, other professors, your parents, or any other personal challenges that you may be
facing. While Professor Johnson has great empathy for all persons affected by life’s challenges,
she is neither qualified nor authorized to intervene in circumstances of a personal nature.
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EMERGENCY STATEMENT RESPONSE GUIDANCE
Please review university emergency preparedness and response procedures posted at
www.pugetsound.edu/emergency/. There is a link on the university home page. Familiarize
yourself with hall exit doors and the designated gathering area for your class and laboratory
buildings.
If building evacuation becomes necessary (e.g. earthquake), meet your instructor at the
designated gathering area so she/he can account for your presence. Then wait for further
instructions. Do not return to the building or classroom until advised by a university emergency
response representative.
If confronted by an act of violence, be prepared to make quick decisions to protect your
safety. Flee the area by running away from the source of danger if you can safely do so. If this is
not possible, shelter in place by securing classroom or lab doors and windows, closing blinds,
and turning off room lights. Lie on the floor out of sight and away from windows and doors.
Place cell phones or pagers on vibrate so that you can receive messages quietly. Wait for further
instructions.
STUDENT BEREAVEMENT POLICY
Upon approval from the Dean of Students Office, students who experience a death in the
family, including parent, grandparent, sibling, or persons living in the same household, are
allowed three consecutive weekdays of excused absences, as negotiated with the Dean of
Students Office. For more information, please see the Academic Handbook.
OFFICE OF ACCESSIBILITY AND ACCOMMODATIONS
If you have a physical, psychological, medical or learning disability that may impact your
course work, please contact Peggy Perno, Director of the Office of Accessibility and
Accommodations, 105 Howarth, 253.879.3395. She will determine with you what
accommodations are necessary and appropriate. All information and documentation is
confidential.
SPECIAL NOTICE
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This is not a lecture based class. This is a seminar. You should come to class with the same
level of preparation for which you would prepare for a professional meeting with your
supervisor and colleagues. You will NOT be passive recipients of information in this
course. If you do not like to participate and actively engage in class, then you should drop
this class.
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By remaining in this class, you expressly agree that you will devote 5 hours at a minimum
each week* to the active research, reading, study, and writing involved in this class in
addition to time spent in class. If you come to class unprepared, you will be asked to leave
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the classroom. If this happens more than once, I will ask the Registrar to drop you from the
class.
GRADE COMPONENTS
Grade Components
Assignment
Assessments (5 points each x 4)
Research mechanics exercises (ongoing)
Research paper
Participation (including discussion
leadership) (ongoing)
TOTAL
Points
20
20
50
10
100
COURSE SCHEDULE
The course schedule may change depending upon our pace.
Course Schedule
Date
Tuesday, January 21
Thursday, January 23
Tuesday, January 28
Thursday, January 30
Tuesday, February 4
Thursday, February 6
Assignment
Topics: Introduction to course; leading a discussion
Read: Syllabus
Substantive e-law topic: Environmental ethics, law &
policy
Research paper mechanics topic: identifying a topic
and narrowing the focus
Read: Johnson & Powell, Chapter 1
Substantive e-law topic: The American legal system
Research paper mechanics topic: developing a
research question
Read: Johnson & Powell, Chapter 2
Assessment #1
Substantive e-law topic: Property
Research paper mechanics topic: developing a thesis
statement
Read: Johnson & Powell, chapter 3
Substantive e-law topic: Property
Research paper mechanics topic: legal research
Read: Johnson & Powell, chapter 3
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Tuesday, February 11
Thursday, February 13
Tuesday, February 18
Thursday, February 20
Tuesday, February 25
Thursday, February 27
Tuesday, March 4
Thursday, March 6
Tuesday, March 11
Thursday, March 13
Tuesday, March 18
Thursday, March 20
Substantive e-law topic: Common law remedies for
environmental harms (torts)
Research paper mechanics topic: methods
Read: Johnson & Powell, chapter 4
Substantive e-law topic: Common law remedies for
environmental harms (torts)
Research paper mechanics topic: developing a
research plan
Read: Johnson & Powell, chapter 4
Substantive e-law topic: Contract liability for
environmental harm
Research paper mechanics topic: defending a research
proposal
Read: Johnson & Powell, chapter 5
Substantive e-law topic: Contract liability for
environmental harm
Research paper mechanics topic: structure of research
papers
Read: Johnson & Powell, chapter 5
Substantive e-law topic: Land use and the Bill of
Rights
Research paper mechanics topic: types of sources;
primary versus secondary
Read: Johnson & Powell, chapter 6
Assessment #2
Substantive e-law topic: Constitutional law
Research paper mechanics topic: annotated
bibliography
Read: Johnson & Powell, chapter 7
Substantive e-law topic: Constitutional law
Research paper mechanics topic: formatting
Read: Johnson & Powell, chapter 7
Substantive e-law topic: Administrative law
Research paper mechanics topic: full sentence outline
Read: Johnson & Powell, chapter 8
Substantive e-law topic: Administrative law
Research paper mechanics topic: literature review
Read: Johnson & Powell, chapter 8
Spring break!
Spring break!
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Tuesday, March 25
Thursday, March 27
Tuesday, April 1
Thursday, April 3
Tuesday, April 8
Thursday, April 10
Tuesday, April 15
Thursday, April 17
Tuesday, April 22
Thursday, April 24
Tuesday, April 29
Thursday, May 1
Tuesday, May 6
Substantive e-law topic: Major federal environmental
statutes - federal environmental policy, animals,
federal public lands; presentation skills
Research paper mechanics topic: audience
Read: Johnson & Powell, chapter 9
Assessment #3
Substantive e-law topic: Major federal environmental
statutes - air and water pollution control
Research paper mechanics topic: full project draft
Read: Johnson & Powell, chapter 10
Substantive e-law topic: Major federal environmental
statutes - air and water pollution control
Research paper mechanics topic: presentation skills
Read: Johnson & Powell, chapter 10
Substantive e-law topic: Major federal environmental
statutes - toxic substances
Research paper mechanics topic: publication outlets
Read: Johnson & Powell Chapter 11
Substantive e-law topic: Major federal environmental
statutes - hazardous waste
Research paper mechanics topic: revision versus
editing
Read: Johnson & Powell Chapter 12
Substantive e-law topic: International environmental
law
Research paper mechanics topic: the abstract
Read: Johnson & Powell, chapter 13
Substantive e-law topic: International environmental
law
Research paper mechanics topic: final paper revision
Read: Johnson & Powell, chapter 13
Assessment #4
Professor conference - no class
Prepare your presentations and work on your research
papers!
Presentations
Presentations
Presentations