1:00-3:30pm
PoLegFo: INTRODUCTION TO THE LAW AS A LIVING ORGANISM;
LEGAL RESEARCH AND ANALYSIS:
Key Topics
Class overview of environmental law, court systems, administrative decisions, reading and
briefing a case; legal writing and research; court systems
(continue page 4)
Readings
Scenic Hudson Preservation Conference v. FPC, 354 F2d 608 (2d Cir 1965) (Handout)
Percival, Robert V. 2003-2004. Environmental Law. Statutory Supplement and Internet Guide.
New York, NY: Aspen Press. Introduction (Text)
Questions
1.
2.
3.
How do lawyers read and interpret cases?
What is the role of precedent?
What basic legal precedents can you find in the Sierra Club v. Morton case?
Assignment: DUE THURSDAY, SEPTEMBER 15
You are an intern for Citizens United to Preserve the Hudson River. The group consists entirely
of boating, fishing and other recreational enthusiasts. A new Executive Director has recently been
appointed and has asked whether the organization can intervene (join) an ongoing citizens suit
filed against the Environmental Protection Agency (EPA) intended to prevent EPA and General
Electric from dredging along the segment of the river most contaminated by PCBs. Use Sierra
Club v. Morton to write a single-spaced one page memorandum (maximum 250 words) addressing
the Director’s question. Your memo should include a brief statement of the purpose of the memo,
the identification of the issue, the rule of law established by the case, a brief comparative analysis
of the rule and facts of the Morton case to your situation, and a conclusion.
1:00-3:30pm
PoLegFo: THE LOGIC OF THE COMMONS
Key Topics
Commons problems; collective action problems; discounting the future, property rights, policy
goals, policy tools, monitoring, enforcement
Readings
Hardin, Garrett. 1968. “The Tragedy of the Commons.” Science, 162: 1243-1248. (Reserveweb)
Ostrom, Elinor. 1994. “Reflections on the Commons.” In Elinor Ostrom, Governing the
Commons. Cambridge: Cambridge University Press. xiii-xvi, 1-28 (skim games), 69-82, 88-102.
(Reserveweb)
Questions
1.
The central question is “how can a group of principals who are in an interdependent situation
organize and govern themselves to obtain continuing joint benefits when all face temptations
2.
1:00-3:30pm
to free-ride, shirt, or otherwise act opportunistically.” (Ostrom, p. 29)
What are some mechanisms that would enable them to do so?
PoLegFo: COMMON LAW OF TORTS, PRIVATE AND PUBLIC NUISANCE
Key Topics
State common law, federal common law, torts, private nuisance, public nuisance, unreasonable
interference, damages, injunctions, abatement of nuisance, trespassing.
Readings
Percival, Robert V. et al. 2003. Environmental Regulation: Law, Science, and Policy 4th edition.
(text): 59-95. Read carefully questions and comments as well as the text and cases. (Text)
Note: Although this is a revised edition of Percival et al, students should monitor the
accompanying University of Maryland site www.law.umaryland.edu/environment/casebook for
updates.
Questions
1.
What did the plaintiffs in Madison v. Ducktown Sulphur, Copper & Iron Co. (p.65) need to
prove in order to win their case? Why did the Court decide that they should receive money
damages but not an order shutting the plants down? What difference did the choice of remedy
make to the plaintiffs and to the defendant company?
(continue page 8)
2. What did the state of Georgia have to prove in order to win its case in Georgia v. Tennessee
Copper Co. (p. 80)? Why did the court decide that Georgia should be granted an injunction
even though nearby private plaintiffs had failed to obtain such an order?
(continued next page, 8)
3. In the nuisance cases, how does the court go about finding the relevant facts? How does it
determine what are the relevant legal requirements?
4. What is the relevance of economic considerations in deciding on the “right” level of pollution
in the common law cases? What is the relevance of technological feasibility?
1:00-3:30pm
PoLegFo: STATUTORY AND REGULATORY APPROACHES
Key topics
History of environmental statutory/regulatory scheme, agency discretion, mandatory duties,
legislative intent, scope of judicial review, deference to administrative decisions, administrative
appeals, deferential judicial review, “arbitrary, capricious, and abuse of discretion or otherwise not
in accordance with the law,” citizen suits.
Readings
Percival, Robert. V, et al. 2003. Environmental Regulation: Law, Science, and Policy, 4th ed. New
York, NY: Aspen Publishers, pp. 85-100; 121-131; 141-161 (Text). Read carefully questions and
comments as well as text and cases. (Text)
Administrative Procedure Act §§ 706.
ASSIGNMENT: Handout in Class, DUE MONDAY, SEPTEMBER 26
Questions
1.
2.
3.
What difficulties/obstacles are presented by the media-specific, fragmentary nature of
environmental laws?
What does it mean to say the federal statutory/regulatory scheme of environmental law has
supplanted common law?
Do you think technology-based approaches to regulation are more effective than health-based,
risk-based standards? If so, why?
1:00-3:30pm PoLegFo: THE CLEAN AIR ACT : HISTORICAL, POLITICAL AND LEGAL
OVERVIEW
Guest Speaker: Walter Mugdan, EPA Region 2 Director of the Division of Environmental
Policy and Planning
Key Topics
History and politics behind the passage of the CAA and CAA Amendments, overview of the
statutory and regulatory framework of the CAA and its amendments, criteria pollutants, air quality
criteria, national ambient air quality standards (NAAQS), primary and secondary NAAQS, criteria
pollutants and new source review; margin of safety, public health, welfare, cooperative federalism.
Readings
Kubasek, Nancy K. and Gary S. Silverman. 2005. Environmental Law. 5th edition. New Jersey:
Prentice Hall. Chapter 5, pp. 165-209 (ReserveWeb)
Percival, Robert V. et al. 2003. Environmental Regulation: Law, Science, and
Policy, 4th ed. New York, NY: Aspen Publishers, pp. 491-521 (Text) and
Textbook update:
http://www.law.umaryland.edu/environment/casebook/chap5.asp
Clean Air Act §§ 108, 109, 304
Resources/Websites to Review:
1.
2.
3.
4.
Greenwire: http://www.greenwire.com/. Track progress of major air legislation (Clear
Skies/Clear Air/Clean Power Proposals) and recent politics. (Online)
Thomas Legislative Information on the web: http://thomas.loc.gov/. Review the various clean
air bills in Congress, and their main attributes. (Online)
http://www.loc.gov/law/guide/uscode.html
http://www.epa.gov/region5/defs/html/cwa.htm
Questions
1.
2.
3.
What policy innovations do we see in the case of air quality management?
What were the positions of the major actors involved in the passage of the CAA and CAA
amendments?
What have been some of the major constraints impeding implementation and effectiveness of
the CAA?
4.
5.
What is the relevance of economic considerations under the NAAQS program of the Clean
Air Act? What is the relevance of technological feasibility?
What happens if the EPA fails to make or revise the NAAQS for some harmful pollutant?
1:00-3:30pm PoLegFo: SIPS, NONATTAINMENT, TRANSBOUNDARY AIR POLLUTION
Key Topics
State Implementation Plans (SIPs), nonattainment, SIP calls, major stationary sources, offsets,
bubbles, "reasonable further progress," new source review, lowest achievable emission rate
(LAER), prevention of significant deterioration (PSD), acid deposition, ozone and smog.
Readings
Percival, Robert V. et al. 2003. Environmental Regulation: Law, Science, and Policy, 4th
ed. New York, NY: Aspen Publishers, pp. 521-568 (Text).
Clean Air Act §§ 110, 171-178, 502-507
Clean Air Act §§ 126 on Transboundary Air Pollution
Statutes can be downloaded from the web. Suggested readings include:
http://www.loc.gov/law/guide/uscode.html
http://www.epa.gov/region5/defs/html/cwa.htm
Questions
1.
2.
3.
4.
5.
1:00-3:30pm
What principles should states follow in allocating acceptable pollution emissions among
polluting sources? What regulatory and economic tools could a state use to achieve an
acceptable level of pollution through its State Implementation Plan? What are the advantages
and disadvantages of the various available approaches?
In Union Electric Company v. EPA (p. 523) why did the court conclude that EPA had no
authority to disapprove of the state's pollution control requirements in its SIP? When does the
EPA have the power to disapprove of a state's implementation plan? If a polluter thinks a
state's pollution control requirements are illegal or unfair, how might it go about challenging
the requirements?
What happens when a state fails to take measures that are sufficient to achieve the air quality
specified in the NAAQS?
How and why are new polluting sources and existing sources treated differently in areas that
fail to meet the NAAQS? What are the effects of treating new and old polluters differently?
Why is interstate pollution (e.g., smog and acid rain) still such a problem when the EPA and
the states have broad regulatory authority to insist on attainment of "clean" air through
NAAQS and SIPs? Do the new and enhanced regulatory programs created by the 1990 Clean
Air Act Amendments effectively ensure that interstate air pollution problems will be
eliminated? Consider in particular the new acid deposition program created by Title IV.
PoLegFo: CASE STUDY/ROUNDTABLE DISCUSSION

Prepare to divide in groups and advocate the government’s position and/or the
power plants’ position United States v. Duke Energy Corp., 411 F.3rd 539 (4th
Cir. 2005) (found in Percival online supplement).


1:00-3:30pm
Prepare also to discuss what issues the United States Supreme Court might
consider if it decides to hear/review the 4th Circuit’s decision.
In your preparations, review previous lectures and the materials regarding New
Source Performance Standards and Prevention of Significant Deterioration.
PoLegFo: OZONE DIPLOMACY
Key Topics
Ozone-depleting substances (ODS), common but differentiated responsibility,
compliance/noncompliance, Mario Molina, Sherwood Rowland, Vienna Convention, Montreal
Protocol and its Amendments, Multilateral Fund (MF), Methyl Bromide, Global Environment
Facility (GEF).
Reading
Benedick, Richard Elliot. 1998. Ozone Diplomacy. New Directions in Safeguarding the Planet.
Cambridge, MA: Harvard University Press. Paperback enlarged edition (Text)
Resources/Websites to Review
1.
2.
UNEP, Secretariat of the Montreal Protocol: http://www.unep.org/ozone/activities.shtml.
Read through the Treaties and Status of Ratification, and the recent reports from conferences
of the Montreal Protocol. (Online)
US EPA, Ozone Depletion Homepage: http://www.epa.gov/ozone/index.html. Review the
US regulations pertaining to stratospheric ozone depletion. (Online)
Questions
1.
2.
3.
4.
1:00-3:30pm
What were the positions of the key actors involved in US and international action on the
ozone layer issue?
What were principal incentives and constraints to reaching agreement and how they were
resolved?
What are some of the current key challenges and critical issues to protecting the stratospheric
ozone layer?
Does the Montreal Protocol provide a framework for addressing other global environmental
problems?
PoLegFo: CLIMATE DIPLOMACY: THE ROAD AFTER KYOTO -- WHAT
NOW?
Key Topics
Global commons, “Common but differentiated responsibility” concept, north/south issues,
compliance/noncompliance, uncertainty, formation and effectiveness of international regimes,
breakdown/failure of international environmental regimes.
Readings
Kolbert, Elizabeth. 2005. “The Climate of Man -I“ New Yorker.18:10, p. 56-71; “The Climate of
Man – II, 81:11, pp.56-63; “The Climate of Man – III, 81:12, pp.52-63. (Reserveweb).
Victor, David G. 2004. Climate Change: Debating America’s Policy Options. Washington, DC:
Council on Foreign Relations.(Online) ) http://www.cfr.org/pdf/climate_change.pdf Read pp. 18, 19-75, 76-103 (speeches) and pp. 117-129; 150-156 (Appendices A and D).
Resources/Websites to Read
1.
2.
United Nations Framework Convention on Climate Change: http://unfccc.int/. Read the texts
of the UNFCCC and the Kyoto Protocol. Compare the documents and review the status of
ratification. (Online)
US EPA, Global Warming Site:
http://yosemite.epa.gov/oar/globalwarming.nsf/content/index.html. Skim the contents and
presentation. (Online)
Also review your notes from NYSERDA and DEC about the Regional Greenhouse Gas Initiative and
whatever online sources you may consult for U.S. responses to the global climate change challenge.
Questions
1.
2.
3.
1:00-3:30pm
What were the positions of the major actors involved in passage of the UNFCCC and Kyoto
Protocol?
How does the US political system affect ratification and implementation of international
agreements such as the Kyoto Protocol, and how does US policy influence the success or
failure of the agreement?
Where do we go from here? Which policy option proposed by the Council on Foreign
Relations would you propose to the President and how would you defend that proposal: 1)
Adaptation and Innovation; 2) Reinvigorating Kyoto; or 3) Making a Market, or a hybrid
approach?
PolLegFo: INSTITUTIONS AND REGIMES: HISTORY AND OVERVIEW OF
THE MAJOR PROVISIONS OF THE CLEAN WATER ACT
Key Concepts
Navigable waters, National Pollutant Discharge Elimination System (NPDES), NPDES permits,
point source and nonpoint source pollution, publicly owned treatment works (POTWs),
pretreatment, water quality standards, TMDLs
Readings
Percival, pp 581-587, 604-625, 632-649, 662-671 (Text)
The Clean Water Act (in the statutory/case supplement) (Text) (Skim)
South Florida Water Management District v. Miccosukee Tribe of Indians, et al. (March 23,
2004), found at http://straylight.law.cornell.edu/supct/html/02-626.ZO.html (For assignment, not
class discussion.)
Questions
1.
What are some of the underlying policy reasons for the CWA’s distinction between point
source and nonpoint source discharges?
2.
Could EPA and the courts begin to interpret the provisions in the CWA in a way that would
lead to greater controls on all sources of pollution entering navigable waters? If so, how?
3.
Has EPA’s mandate to states to set TMDLs for the protection of surface waters been
successful?
Assignment due by class on Monday, October 17
The SFWMD v. Miccosukee case was declared a victory on both sides. Half of the class will
represent the tribe’s position and half the class will represent the SFWMD’s position. Write a
press release for the Friends of the Everglades (co-plaintiff with the tribe) or SFWMD, as
applicable to your assigned position, discussing the Supreme Court’s decision and why your group
claims victory. You may be asked to speak as though you are conducting a press conference
during class in the coming weeks. Alternatively, you may be asked to participate in a brief debate
with a classmate who has been assigned the opposing view. Be prepared to answer questions and
orally defend your position. The written portion of your assignment should be no more than 1
single spaced page or 2 double-spaced pages (12 pt font, 1 inch margins).
1:00-3:30pm
PolLegFo: “LAKE BETWEEN” IN-CLASS EXERCISE
1:00-3:30pm
PolLegFo: THE SAFE DRINKING WATER ACT, INCLUDING THE
UNDERGROUND
INJECTION CONTROL PROGRAM, AND WETLANDS REGULATION
Key Concepts
Public water systems, Underground Source of Drinking Water (USDW), injection zone, UIC
permits, containment, 5 classes of injection wells, injection of hazardous waste, definition of
wetland, U.S. Corps of Engineers, Section 404 permit process, no net loss
Readings
Safe Drinking Water Act (SDWA) (Text) (Skim)
Review the UIC regulations found at 40 C.F.R. Parts 144-148 and 40 C.F.R. (Text)
Part 264, Subpart R (use your research skills and look them up!) (Text) (Skim)
Percival, pgs. 427-443, 673-694 (Text)
Review Section 404 of the CWA (Text)
Solid Waste Agency of Northern Cook County, v. United States Corps of Engineers, 531 U.S. 159
(2001), discussed in previous Percival reading and found at
http://straylight.law.cornell.edu/supct/html/99-1178.ZO.html
Questions
1.
Do you agree with the regulatory scheme that permits the injection of hazardous waste?
2.
Should injection wells be permitted at all? What are the long-term risks?
3.
How was the Commerce Clause used in SWA v. US Corps of Engineers to limit the federal
authority to regulate and protect wetlands?
4.
How have politics and policy debates entered into the definition of “navigable waters”?
5.
Is it fair to transfer the burden of wetlands protection primarily to the states? Is it prudent?
1:00-3:30pm
PolLegFo: CONTINUATION RE THE CWA (COMPLIANCE AND
ENFORCEMENT) AND GENERAL PRINCIPLES OF WATER RIGHTS AND
POLITICAL DEBATES
Key Topics
Re CWA: enforcement authority and tools, penalty policies, settlement; re Water Rights/Political
Debates: major constraints/actors involved in policymaking, historical legacies of US water use
policy, watershed protection, new directions in US water policy.
Readings
Complaint and penalty calculations regarding CWA violations in U.S. v. Morton (ReserveWeb)
EPA’s Interim CWA Settlement Penalty Policy found at
http://www.epa.gov/Compliance/resources/policies/civil/cwa/cwapol.pdf
Dworsky, L.B., and Allee, D.J., “The Western Water Policy Review Advisory Commission: An
Opportunity Not to be Lost” (April 1998). Journal of Contemporary Water Research and
Education. Found at http://www.ucowr.siu.edu/updates/pdf/V111_A2.pdf
Maryland v. Virginia (Dec. 9, 2003), found at
http://www.supremecourtus.gov/opinions/03pdf/129orig.pdf
Suggested Additional Readings
Adler, Robert W., 1995. “Addressing Barriers to Watershed Protection”, Envtl. L. 973
(ReserveWeb)
Earth Justice. 2004. Reckless Abandon, found at http://www.earthjustice.org/news/documents/804/CWA_Jurisdiction_8-12-04.pdf
Questions
1.
Why does EPA as a matter of policy settle penalty cases for significantly less than the
statutory maximum amounts allowed under the enforcement provisions of the CWA?
2.
What are the major factors that have led to water scarcity in the West, including institutional
factors? What are some of the proposed policy changes recommended by the Western Water
Policy Review Advisory Commission?
3.
Why do existing federal management schemes inadequately protect watersheds? Is a federal
regulatory approach to watershed management feasible?
4.
In response to the court’s decision in Maryland v. Virginia, Jeff Welsh, spokesman for the
Maryland Department of the Environment, said his agency ``doesn't think there is going to
be any noticeable impact on the river or our relationship with Virginia.'' Do you agree?
1:00-3:30pm
PolLegFo: FEDERAL AND INTERNATIONAL FISHERIES MANAGEMENT
FRAMEWORKS
Key Topics
Straddling fish stocks, the international management of waters and oceans, the privatization of
water, shipping wastes, the Ocean Dumping Act, the Oil Pollution Act
Readings
Gleick, Peter H., et al. February 2002. "The New Economy of Water” in The Risks and Benefits of
Globalization and Privatization of Fresh Water. Oakland, California: Pacific Institute, 25
September 2002, found
http://pacinst.org/reports/new_economy_of_water/new_economy_of_water_low_res.pdf
New York Times, August 22, 2004, “Rescuing the Law of the Sea.” (ReserveWeb)
Overview of MARPOL, found at
http://www.imo.org/Conventions/contents.asp?doc_id=678&topic_id=258
Van DeVeer, Stacey. 2002. “International Environmental Cooperation at Sea: Caspian,
Mediterranean and North Sea Cases” in Global Environmental Politics: February: Vol. 2: Issue 1:
111-119. (ReserveWeb)
Suggested Additional Readings
UN Division for Ocean Affairs and Law of the Sea (UNCLOS), historical perspective, found at
http://www.un.org/Depts/los/convention_agreements/convention_historical_perspective.htm
NOAA Legislative Summary of the Ocean Dumping Act, found at
http://www.csc.noaa.gov/opis/html/summary/oda.htm
EPA’s Oil Pollution Act Overview, found at http://www.epa.gov/oilspill/opaover.htm (also review
links)
Questions
1.
What are the arguments for and against the privatization of water rights?
2.
What factors cause difficulty in negotiating transboundary or international environmental
agreements to manage and protect global common resources, such as international water
resources and oceans?
3.
What in your view is the most important focus (and result) lacking in the existing framework
to manage international water resources?
Tuesday, October 25 and Wednesday October 26
NYSERDA Conference in Albany
Friday, October 28
9:00-11:30am
PolLegFo: THE EXXON-VALDEZ CASE
Guest Speaker: Zygmunt Plater, Boston College Professor of
Law
Key Topics
The Kepone incident’s relation to the CWA and the analogous birth of the OPA
resulting from the Exxon-Valdez oil spill, the role of local advocacy tribalism.
Readings
Plater, Zygmunt J.B. Keynote Essay: A Modern Political Tribalism in Natural Resources
Management, 11 Pub. Land L. Rev. 1 (1990). Read with special attention to pgs. 6-10
(ReserveWeb)
Plater, Zygmunt J.B. Facing a Time of Counter-Revolution – the Kepone Incident and a Review
of First Principles (draft), 29 U. Richmond Law Review 657 (1995) (ReserveWeb)
Questions
1.
Who were the blocks of stakeholders at the local, state and federal levels in the ExxonValdex matter?
2.
What were their respective degrees, expertise and commitments to environmental protection?
What were the political and economic relationships between them over time – both before
and after the spill?
1:00-3:30pm
PoLegFo: MIDTERM – IN CLASS
3.
Friday, November 4
1:00-3:30pm PoLegFo: LAND USE REGULATION, SUSTAINABLE DEVELOPMENT AND
“COMMUNITY TOOL BOXES”
Key Topics
Land use regulation, zoning, police power, sustainable development through planning, community
tool boxes, American Battlefield Protection Program
Readings
Percival pgs. 719-773. Note especially Percival update issues and pay special attention to
questions below. (text)
In the Matter of Smith v. Town of Menden, 4 N.Y. 3 rd 1 (December 21, 2004) found at
http://caselaw.lp.findlaw.com/data/ny/cases/app/177opn04.pdf
Daniels and Sampson, Open Space for Tomorrow: A Capital District Sprawl and Open Space
Action Strategy. http://www.osiny.org/AnnualReports_List.asp
Civil War Sites Advisory Commission Report on Nation’s Civil War Battlefields. 1993,
rev.1999.Technical Volume 1: chapter 5. (ReserveWeb)
Questions
1.
What are the constitutional underpinnings of zoning?
2.
What tests are used to determine whether or not a “taking” has occurred?
3.
Can private property be taken for purposes of community economic development?
What is a “public use?” A “public purpose?”
4.
How can communities deal with “sprawl without growth?”
Paying for protection: where does the money to buy land come from?
5.
How does the Department of Interior’s Battlefield Protection Program give guidance
to communities in combating loss of space and character?
Assignment: Handout in class - due by start of class, Monday, November 14.
1:00-3:30pm
PoLegFo: SPRAWL CONTINUED AND CONSERVATION EASEMENTS
Key Topics
Conservation easements, IRS compliance, what is Washington up to?
Readings
Washington Post 4-part series on The Nature Conservancy, available at
http://www.washingtonpost.com/wp-dyn/nation/specials/natureconservancy/
Conservation Easement (we will draft an easement in class) (ReserveWeb)
Byers and Ponte. 2005. The Conservation Easement Handbook, Land Trust Alliance and Trust
for Public Land. (Selected Chapters handout week before)
Questions
1.
What are the basic elements of a conservation easement?
2.
Can land under easement be developed?
3.
Can easements be extinguished?
Friday, November 11
:00-3:30pm
PolLegFo: FIDUCIARY RESPONSIBILITY OF LANDOWNERS
Guest Speaker: Professor Lori Knowles – Affiliated Faculty
Associate for law and bioethics and director of education and outreach, Hastings Center.
Key Topics
Fiduciary duties and responsibilities associated with land trusts, donations and sales, common
property
Readings
Revkin, Andrew C. “Nonprofits Facing Ethical Challenges over Sales of Land.” New York Times.
September 16, 2000 (ReserveWeb)
Sax, Joseph L. 1990. “Heritage Preservation as a Public Duty: the Abbe Gregoire and the Origins
of an Idea.” 88 Michigan Law Review 1142. (JSTOR)
Sax, Joseph L. nondated. “Legal and Policy Challenges of Environmental Restoration.” Chapter
10 (ReserveWeb)
White, Jennifer L. February 1996. “When its OK to Sell the Monet: A Trustee-Fiduciary-Duty
Framework for Analyzing the Deaccessioning of Art to Meet Museum Operating Expenses.” 94
Michigan Law Review 1041 (JSTOR)
Questions
1.
What factors should be weighed in determining whether something ought to be common
property?
2.
Provide 4 examples of resources that you believe ought to be community rather than
individually owned? Why do you think they deserve that status?
3.
Can you think of any dangers in designating something common property?
4.
What has been gained in the primacy of individual land ownership, what has been lost?
5.
What duties exist to individual landowners?
6.
What duties ought to exist?
1:00-3:30pm
STATES
PoLegFo: FORESTRY MANAGEMENT AND POLICY IN THE UNITED
Key Topics
Natural resource management and forestry policy, common-pool resources, wildfires, multiple-use
management, Healthy Forests Restoration Act of 2003, Roadless Rule, Forest Certification,
institutional legacies
Readings
American Forests. 2003. Browse website at http://www.americanforests.org
2003 New York Times online, “Washington outlook - debate on President Bush's "Healthy Forests
Initiative", found at http://www.findarticles.com/p/articles/mi_m1016/is_2_109/ai_106141718
Nelson, Robert. 2000. “Restoring Forest Health and Avoiding Catastrophic Fire on Federal
Lands.” Testimony to the Task Force on Natural Resources and the Environment., House Budget
Committee, September 13, 2000. College Park, MD. Found at
http://www.cei.org/gencon/027,01848.cfm
Second Century: Options for the Forest Service, A Report to the American People by the Forest
Options Group, January 1999, pgs. 1-22. Found at http://www.ti.org/2cfinal.html#RTFToC1
Oates, Wallace E., Ed. 1999. The RFF Reader in Environmental and Resource Management.
Resources for the Future: Washington, D.C.: chapter 23, pgs. 149-153; chapter 24, pgs. 155-160
(ReserveWeb)
Questions
1:00-3:30pm
1.
What new directions or options for legislative and regulatory policies for forestry
management might the US consider?
2.
Which options do you view as most promising/least promising in light of US history of
forestry management?
PolLegFo: ENDANGERED SPECIES ACT (Part 1 of 2)
ASSIGNMENT – HANDOUT IN CLASS: FIRST PART DUE BY START OF CLASS
THURSDAY, DECEMBER 8; SECOND PART DUE IN CLASS MONDAY, DECEMBER 12.
Key Topics
Endangered species, threatened species, listing, God Squad, "likely to jeopardize",
critical habitat, biological assessment, biological opinion, "best available" scientific
data, "reasonable and prudent" alternatives
Readings
Percival textbook pp. 853-887. (Text)
Endangered Species Act sections 3, 4, 7, 11 (Text)
Websites to Review
US Fish and Wildlife Service/NOAA, Endangered Species Program and Act:
http://endangered.fws.gov/whatwedo.html#General: review the administration of the program and
text of Endangered Species Act.
The Biodiversity Partnership and Defenders of Wildlife: http://www.biodiversitypartners.org/.
2002. Conservation in America: State Government Incentives for Habitat Conservation.
http://www.biodiversitypartners.org/pubs/CinAReport/Conservation_in_America.pdf (Online).
Read Introduction, Overall Results, and Pick a state to review its policies.
Environmental Defense: http://www.backfromthebrink.org/index.cfm. Review ED’s work on
endangered species.
Questions
1.
The Endangered Species Act only protects species and their habitats in certain circumstances.
What are the
key definitions and provisions that limit the scope of the Act? What
problems of species protection does the Act leave unaddressed?
2.
Section 7 of the Endangered Species Act only applies to federal actions. In Roosevelt
Campobello Int’l Park Comm’n v. EPA, what was the federal action that triggered the
application of Section 7? Who was responsible for ensuring that the whales were not
“jeopardized”? Why was a private company (Pittston) involved in the case?
3.
In addition to NEPA and the Endangered Species Act, we have studied other laws that address
biodiversity protection in various ways. What protections are provided by the federal Clean
Air Act and Clean Water Act?
In what ways are these laws broader than the Endangered Species Act in the scope of their
protections? In what ways are they less protective?
4.
What have been some of the major constraints impeding implementation and effectiveness of
the ESA and what strategies might environmentalists and federal land managers consider to
improve protection of endangered species and biodiversity in the United States?
Tuesday, November 29
1:00-3:30pm
PolLegFo: ENDANGERED SPECIES ACT (Part 2 of 2)
Key Topics
Takings of species, incidental take permits, habitat conservation plans, "no
surprises" policy, "safe harbor" programs, the future of the ESA
Readings
Percival textbook: pp. 887-930 (Text).
Endangered Species Act, sections 9, 10, 11 (Text)
House Passes Historic Endangered Species Improvement Bill, Website of
Congressman Richard Pombo, September 29, 2005, available at:
http://www.house.gov/pombo/press/press2005/sept29_05.htm
The Threatened and Endangered Species Recovery Act (TERSA)
Section by section analysis of TERSA, found at:
http://resourcescommittee.house.gov/issues/more/esa/TESRA/section_by_section.p
df
Congressional Research Service Bill Summary and Status for the 109 th Congress,
found at: http://thomas.loc.gov/cgibin/bdquery/z?d109:HR03824:@@@D&Summ2+m&
Questions
1.
What difference does it make if an endangered or threatened species is found on private land
rather than on public land? How does the Endangered Species Act treat the responsibilities of
federal officials and private parties differently in regulating their management of natural
resources?
2.
In Babbitt v. Sweet Home, the majority opinion (Stevens, et al.), the concurrence (O’Connor)
and the dissent (Scalia) interpreted Section 9 of the Act differently. What were they
disagreeing about? What activities are prohibited under the majority opinion that the dissent
thinks should be allowed? What types of harms to biodiversity go unaddressed under all of
these interpretations of the Act?
3.
Even though the Endangered Species Act can impose strict controls on uses of land where
endangered species are found, it has not resulted in widespread constitutional challenges
under the Takings Clause of the U.S. Constitution. How do you think the government has
avoided successful constitutional claims for compensation by private landholders?
4.
What types of decisions under the Endangered Species Act will be most vulnerable to attack
under the Commerce Clause of the U.S. Constitution?
5.
What are the main provisions of TERSA? What arguments are made in its support?
1:00-3:30pm PolLegFo: BIOTECHNOLOGY: INTELLECTUAL PROPERTY RIGHTS AND
ENVIRONMENTAL DIVERSITY
Guest lecturer: Lori Knowles, Esq.
Key Topics
Biodiversity protections, biotechnology threats, patents, TRIPS, bioprospecting, biopiracy, ethical
concerns.
Readings
Linarelli, John 2004. “Treaty Governance, Intellectual Property And Biodiversity” Intellectual
Property and Biodiversity. Environmental Law Review 6: pp. 21 –38. (ReserveWeb)
Rosendal, Kristen, February 28, 2003. “Interacting International Institutions: The Convention on
Biological Diversity and TRIPs – Regulating Access to Genetic Resources” The Fridtjof Nansen
Institute.(ReserveWeb)
Burgiel, Stanley, W. 2001. “The Cartagena Protocol on Biosafety: Taking the Steps from
Negotiation to Implementation”. RECIEL 11 (1): pp. 53 – 61.(ReserveWeb)
Gepts, Paul, April 2004. “Who Owns Biodiversity, and How Should the Owners be
Compensated?” Plant Physiology, American Society of Plant Biologists (ReserveWeb)
Knowles, Lori. 2001. "Biodiversity and Bioprospecting: Conflicting Worldviews." On
Frankenfoods and Golden Rice. University of Wisconsin Academy of Sciences, Arts and Letters:
Madison, WI. (ReserveWeb)
Questions
1.
Assuming that IPRs are here to stay, what things/goods should be outside the realm of
property (think of five
examples) and why? [you will be
asked for this in class]
2. Identify three points of conflict between the CBD and TRIPS. How can these conflicts be
reconciled?
1:00-3:30pm
PolLegFo: GLOBAL EFFORTS TO PROTECT ENDANGERED SPECIES AND
BIODIVERSITY:
CITES
ASSIGNMENT DUE: HAND IN WRITTEN ASSIGNMENT AND BE PREPARED TO
DEFEND YOUR COUNTRY’S POSITION ON RELEVANT/KEY ISSUES BEFORE THE
CITES AND CBD CONVENTIONS AND TO INTERACT WITH OTHER HEADS OF
DELEGATIONS TO THE COP (NOTE: AS A GOOD STRATEGIST AND DIPLOMAT,
YOU’LL NEED TO ANTICIPATE THEIR POSITIONS AS WELL).
First Part of Assignment Due
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES):
http://www.cites.org: become familiarized with the history, general nature and operations of
CITES, convention bodies, parties, and principal issues currently under negotiation.
International Institute for Sustainable Development (IISD), Biodiversity and Wildlife Section:
http://www.iisd.ca/process/biodiv_wildlife.htm#cbd: for summary information on recent CITES
negotiations, country concerns, general assessments of progress.
Key Topics
International environmental regime formation, conference of the parties, implementation, and
measures of effectiveness; North/South issues, environmental leaders and laggards, institutional
arrangements, domestic influence on international regimes.
Readings
Weiss, Edith Brown. 1998. “The Five International Treaties: A Living History.” In Engaging
Countries: Strengthening Compliance with International Environmental Accords. Edith Brown
Weiss and Harold K. Jacobson, eds. Cambridge: MIT Press: p. 89-93, and 105-116 (sections of
chapter that deal with CITES). (ReserveWeb).
Note: This article was written almost a decade ago, so read first as a basis for understanding
the issues involved in compliance and then as a means to compare the progress since then.
Peluso, N.L. “Coercing Conservation: The Politics of State Resource Control.” In R.D. Lipschutz
and Ken Conca. The State and Social Power in Global Environmental Politics. Columbia
University Press: New York: 48-70. (ReserveWeb)
Sand, Peter H. 2001. “A Century of Green Lessons: The Contribution of Nature Conservation
Regimes to Global Environmental Governance.” International Environmental Agreements:
Politics, Law and Economics I: 33-72. (ReserveWeb)
Questions
1.
Drawing on the articles by (Peluso, Sand and Brown Weiss as well as your own reflections:
How do domestic factors affect implementation and effectiveness of international biodiversity
management
in different countries? What are the implications for addressing threats to biodiversity and
other global environmental problems?
2.
What are some of the "lessons learned" from the many initiatives over the past 100 years to
manage living resources and do you see them reflected in your respective country’s position?
1:00-3:30pm
PolLegFo: GLOBAL BIODIVERSITY PROTECTION: CONVENTION ON
BIOLOGICAL DIVERSITY AND SYNTHESIS
ASSIGNMENT: SECOND PART DUE IN CLASS. BE PREPARED TO DISCUSS
INTERACTIVELY WITH REPRESENTATIVES FROM THE CONVENTION PARTIES,
SECRETARIAT, AND ACCREDITED OBSERVERS. Hand in a copy of the written assignment
and be prepared to defend your country’s position on relevant/key issues before the Conference of
the Parties and to interact with other heads of delegations to the COP. (Note: as a good strategist
and diplomat, you’ll need to anticipate their positions as well.)
REVIEW WEBSITES FROM LAST WEEK AND READINGS BELOW IN
PREPARATION FOR YOUR PRESENTATION AND CLASS DISCUSSION.
Convention on Biological Diversity (CBD): http://www.biodiv.org: become familiar with the
history, general nature and operations of the CBD, major bodies, parties and principal issues
currently under negotiation.
International Institute for Sustainable Development (IISD), Biodiversity and Wildlife Section:
http://www.iisd.ca/process/biodiv_wildlife.htm#cbd: for summary information on recent CITES
negotiations, country concerns, general assessments of progress.
Key Topics
Assessment of global biodiversity agreements, North/South issues, environmental leaders and
laggards, institutional arrangements, domestic influence on international regimes.
Readings
Cooney, Rosie. 2001. “CITES and the CBD: Tensions and Synergies.” RECIEL 10(3):259267.(ReserveWeb)
McGraw, Desiree M. 2002. “The CBD: Key Characteristics and Implications for
Implementation.” RECIEL: Vol. 11, Issue 1: p. 17-28. (ReserveWeb).
Downie, David Leonard. 2005 “Global Environmental Policy: Governance through Regimes.” in
The Global Environment, Axelrod, Downie and Vig, eds. Washington, DC: CQ Press. p. 64-82.
(ReserveWeb).
Raustiala, Kal. 1997. "Domestic Institutions and International Regulatory Cooperation:
Comparative Responses to the Convention on Biological Diversity" World Politics, 49:4: 482-509
(ReserveWeb).
Questions
1.
What would you expect to be perceived differences or tensions between CITES and the CBD?
How might synergies between the two treaties be increased?
2.
What factors might explain why some developing countries have become leaders in
addressing global environmental problems, and are the lessons learned applicable to other
countries?
1:00-3:30pm
PolLegFo: TVA V. HILL: KEY ISSUES AND IMPLICATIONS
Guest speaker: Zygmunt Plater, Esq.
Key Topics
Discussion of hallmark ESA decision, as referenced above
Readings
Percival textbook: review relevant sections to TVA v. Hill (Text)
Boston College Law School Casebook, Chapter 16, Roadblock Strategies: Stark Prohibitions and
Their Viability: pp. 775 – 788, 788 – 798 (Skim), 798 – 803, 807 – 813 (ReserveWeb).
Mann and Plummer. 1996. Noah’s Choice. "The Awful Beast Is Back." Pp. 147 – 175
(ReserveWeb).
NWF Analysis, Rep. Pombo’s “Threatened and Endangered Species Recovery Act” (as approved
by House Resources Committee). (ReserveWeb)
Questions
1.
In TVA v. Hill, what role did NEPA play in protecting aquatic species? What role did the
Endangered Species Act play? How do the protections for wildlife provided by these two
statutes differ? How are the two statutes related to each other in administrative practice?
2.
Why did the court in TVA v. Hill decide that it did not have the authority to refuse an
injunction stopping the construction and operation of the Tellico Dam?
3.
What were the expected outcomes of the decision in favor of the dam?
1:00-3:30pm
PoLegFo: US AGRICULTURAL AND ENVIRONMENT POLICY (PART 1)
Key Topics
Farm Security & Rural Investment Act of 2002 (the Farm Bill), the 2007 Farm Bill, farm subsidy
issues, farmland conservation and protection programs, Right to Farm laws
Readings
Becker, Geoffrey & Womach, Jaspar. 2002. The 2002 Farm Bill: Overview and Status, Report
for Congress. Washington, DC: Congressional Research Service, found at:
http://www.cnie.org/nle/crsreports/agriculture/ag-112.pdf
Ikerd, John. 2002. “New Farm Bill and US Trade Policy: Implications for Family Farms and
Rural Communities.” Found at: http://fb-net.org/FB/FarmBill-Trade.htm
Transcript of the Washington State Farm Bill Forum with Agriculture Secretary Mike Johanns and
Moderator Bob Hoff, Northwest AG Information Network, Cheney, Washington, November 3,
2005. Found at: http://www.usda.gov/documents/FBFWA110305.pdf
Review the 2007 Farm Policy Reform section of the Environmental Working Group, found at:
http://www.farmland.org/policy2/2007FarmBill/index.htm
Town of Lysander v. Haffner, 2001 NY Int. 112, found at:
http://www.law.cornell.edu/nyctap/I01_0112.htm
Review NYS right to farm laws, also known as the Agricultural Protection Act, found at:
http://www.agmkt.state.ny.us/AP/agservices/agdistricts.html
Questions
1. Why do some critics claim the current Farm Bill provides neither farm security nor food
security?
2. What are the crucial issues presented by the drafters of the 2007 Farm Bill?
1:00-3:30pm
PoLegFo: US PROTECTION OF FOOD QUALITY, REGULATION OF TOXICS
AND THE ENVIRONMENT
Key Topics
The Toxic Substance Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), the Food Quality Protection Act (FQPA), endocrine disrupters, persistent organic
chemicals (POPS), risk analysis
Readings
Kubasek, Nancy K., and Silverman, Gary S. Environmental Law, 5th Ed., 2005. Prentice Hall.
pgs. 252–273 (ReserveWeb)
Review website re “Our Stolen Future” and endocrine disrupters, found at:
http://www.ourstolenfuture.org/
Review EPA website re pesticide regulation, found at:
http://www.epa.gov/pesticides/regulating/index.htm
Thayer, Dr. Kristina, and Houlihan, Jane, 2004. “Symposium Issue II Pesticides: What Will the
Future Reap?: Pesticides, Human Health, and the Food Quality Protection Act”. 28 Wm. & Mary
Environmental Law and Policy review. 257 (LexisNexis Environmental – Stevenson Library)
Haight, Laura A., 2004 . “Local Control of Pesticides in New York: Perspectives and Policy
Recommendations”.
9 Albany Law Environmental. Outlook 37 (LexisNexis Environmental – Stevenson Library)
Questions
1. Should EPA be regulating toxic substances based on the risks associated with endocrine
effects? To what extent is EPA already doing this? To what extent is the agency not
adequately addressing this issue?
2.
1:00-3:30pm
RIGHTS?
What provision in FIFRA weakens the overall effectiveness of the regulatory scheme,
especially regarding protection of human health?
PoLegFo: ANIMALS AND OTHER LIVING THINGS: DO THEY HAVE
Guest Speaker David Cassuto, Esq., Pace Law School, Pace University
Key Topics
Animal rights, utilitarianism, anthropocentric/nonanthropocentric, factory farming, animal
welfare/anticruelty laws
Readings
Dawn, Karen, 2006. “Moving the Media”, in In Defense of Animals, the Second Wave,edited by
Peter Singer. Blackwell Publishing. pp 196-205 (ReserveWeb)
Francione, Gary L., 2004. “Animals – Property or Persons?”, in Animal Rights, Current Debates
and New Directions, edited by Cass R. Sunstein and Martha C. Nussbaum. Oxford University
Press. pp. 108-142 (ReserveWeb)
Posner, Richard A., 2004. “Animal Rights Legal, Philosophical, and Pragmatic Perspectives”,
Chapter 2. Animal Rights: Current Debate and New Directions. Oxford University Press, NY pp.
51-77 (ReserveWeb)
Singer, Peter, 2004. “Ethics Beyond Species and Beyond Instincts”. Chapter 3. Animal Rights:
Current Debate and New Directions. Oxford University Press, NY pp. 78-92 (ReserveWeb)
Questions
1. The law generally recognizes two classes of rights – property rights and personal rights. How
does animal welfare fit into this construct?
2. What are the key arguments for and against medical testing of animals?
3. What ethical construct, if any, allows us, as moral people, to eat meat?
Friday, February 3, 2006
1:00-3:30pm
PoLegFo: AGRICULTURE, THE ENVIRONMENT AND WORLD TRADE
Key Topics:
General Agreement on Tariffs and Trade (GATT), World Trade Organization (WTO), North
Atlantic Free Trade Agreement (NAFTA), North-American Agreement on Environmental
Cooperation (NAAEC), foreign direct investment, IPRs, multinational corporations, most-favored
nation status, environmental exceptions, non-tariff barriers.
Readings
Hanrahan, Charles E. 2004. “The Agriculture Framework Agreement in the WTO Doha Round.”
Congressional Research Service, The Library of Congress p. 1-6:
http://www.ncseonline.org/NLE/CRSreports/04Aug/RS21905.pdf
Percival, Robert V., et al. 2003. Environmental Regulation. Law, Science and Policy. 4th ed.,
New York, NY: Aspen Publishers: p. 1075-1096 (Text).
United Nations Environment Programme and International Institute for Sustainable Development:
http://www.iisd.org/trade/handbook/toc.htm. Review 2000 Handbook on Environment and Trade.
Websites and Reports for Review:
Truth about Trade Organization: http://www.truthabouttrade.org/: nonprofit advocacy group led
by American farmers supporting free trade and agricultural biotechnology.
US Trade Representative, http://www.ustr.gov/: agricultural issues in the WTO, biotechnology,
and trade and environment issues.
The World Trade Organization, Trade and Environment Section:
http://www.wto.org/english/tratop_e/envir_e/envir_e.htm
Questions
1. What are the principle attributes and mechanisms of the WTO, GATT, and NAFTA?
2. Who benefits and who loses from trade in agricultural products?
3. How do differing country positions on biotechnology in agricultural products affect trade
negotiations and what do you view as potential areas for consensus?
4. How do differing cultural, societal, environmental and ethical factors help to explain
resistance to the introduction of genetically engineered food and crops? How might each be
addressed?
Wednesday, February 8, 2006
1:00-3:00
Special talk: AGRICULTURE, ENVIRONMENT AND INTERNATIONAL
TRADE DEBATES
Guest speakers from UNCTAD and the European Union
Thursday and Friday, February 9 and 10, 2006
Conference in New York City: “POLITICS AND SCIENCE” at the New School
Transport arrangements to be announced
1:00-3:30pm
PoLegFo: NATIONAL ENERGY POLICY PLANS – A HISTORICAL
PERSPECTIVE
Key Topics
The oil embargo of 1973, the federal government’s role in energy, national response to crises,
access to public lands, subsidies
Readings
Congressional Research Service. 2004. “Energy Policy: Historical Overview, Conceptual
Framework, and Continuing Issues.”
http://www.ncseonline.org/nle/crsreports/04dec/RL31720.pdf
The Cato Institute: “The Real Oil Problem”, found at:
http://www.cato.org/pubs/regulation/regv27n1/v27n1-1.pdf
Miller, Alan S. 1995. “Symposium on Clinton’s New Land Policies: Energy Policy From Nixon
to Clinton: From Grand Provider to Market Facilitator”. 25 Envtl. L. 715. pp. 1-10 (without
footnotes) (Stevenson Library – LexisNexis Environmental)
President Carter’s April 18, 1977 Address to the Nation on the energy crisis.
http://www.pbs.org/wgbh/amex/carter/filmmore/ps_energy.html
Questions
1. What lessons did the Oil Embargo of 1973 teach us? What lessons should it have taught us?
2.
Was there a political turning point in energy policy during the period of 1970-2000? If so,
what do you believe it was? How has it shaped and affected current debate?
3.
Regulation has taken a back seat to market reliance in the past 20 years of energy policy – do
you agree or disagree with this trend? Why?
Assignment Handout –due on Monday, February 20.
1:00-3:30pm
ACT OF 2005
PoLegFo: THE CURRENT ADMINISTRATION AND THE ENERGY POLICY
Key Topics
Renewed focus on coal as an energy source, Arctic National Wildlife Refuge, modification to New
Source Review standards (CAA), subsidies, “innovative technologies”, tax incentives, peak oil,
clean coal technology
Readings
Review the provisions of the Energy Policy Act, found at:
http://energycommerce.house.gov/108/energy_pdfs_2.htm
A Responsible Energy Plan for America, prepared in April 2005 by the NRDC, found at:
http://www.nrdc.org/air/energy/rep/rep.pdf
Resignation Letter of Eric Schaeffer, former EPA chief of enforcement, found at:
http://www.grist.org/news/muck/2002/03/01/
Review EPA website re its Coal-Fired Power Plant Enforcement Initiative, found at:
http://www.epa.gov/compliance/resources/cases/civil/caa/coal/
Review (skim for relevant parts) an example of a recently entered EPA Consent Decree that is part
of EPA’s power plant enforcement initiative, found at:
http://www.epa.gov/compliance/resources/decrees/civil/caa/dmgfinal-cd.pdf
Time Magazine. April 28, 2001. “Dick Cheney: ‘We Need Adequate Energy Supplies and a
Clean Environment. We Can Do Both.” Found at:
http://www.time.com/time/nation/printout/0,8816,107921,00.html
Review Clean Coal technology overview, found at:
http://www.fossil.energy.gov/programs/powersystems/cleancoal/
Questions
1. Which do you agree with more: the Clinton administration’s expansion of the CAA NRS
standards, especially as applicable to the power plants, or the current Bush administration’s
relaxation of those standards? Why?
2.
What aspects of the Energy Policy Act of 2005 do you agree with? Which ones do you find
troublesome? Why?
Is the administration’s commitment to pursuing clean coal technology a disguised effort to
support the coal-fired power plants or is the pursuit justified from an environmental policy
perspective?
1:00-3:30pm
PoLegFo: US TRANSPORTATION POLICY
Guest Speaker: Deron Lovaas, NRDC
3.
Key Topics
TEA-21 reauthorization, oil exploration and reliance on fossil fuels, alternative vehicles, café
standards.
Required Readings
Benfield, F. Kaid and Michael Replogle. 2002. “The Roads More Traveled:
Sustainable Transportation in America—Or Not.” Environmental Law Reporter,
32 ELR 10633: p1-15. (ReserveWeb)
Lovaas, Deron. 2004. “Suburbanization and Energy.” Encyclopedia of Energy
(Volume 5): Elsevier Press. (ReserveWeb)
National Commission on Energy Policy. December 2004. “Ending the Energy
Stalemate: A Bipartisan Strategy to Meet America’s Energy Challenges.” Online:
http://www.energycommission.org/ewebeditpro/items/O82F4682.pdf. Read the
following sections of the Report: Key Recommendations; Introduction &
Summary of Recommendations; Chapter I (sections A and B) and Chapter IV
(Section E).
Greenwire. 2004: http://www.greenwire.com/: Read articles on the transportation bill (TEA-21)
in Congress.
Natural Resources Defense Council (NRDC): http://www.nrdc.org/breakthechain/indepth.asp.
Review the NRDC Project on Breaking the Chain of Oil Dependence, and review the report; and
Review NRDC’s work on TEA-21 at http://www.nrdc.org/air/transportation/tea3inx.asp.
Pew Center on Global Climate Change: http://www.pewclimate.org/. Review the Pew Center’s
work on transportation and climate change, particularly the report “Taking Climate Change into
Account in US Transportation”
http://www.pewclimate.org/docUploads/ustransp%5Fbrief%2Epdf)
Thomas Legislative information on the Internet: http://thomas.loc.gov/: search status of
transportation bill in Congress.
Questions
1. What are the major political and environmental issues in the transportation bill currently being
considered in Congress?
2.
Why has it been so difficult to get passage of a reauthorized transportation bill or revamped
CAFÉ standards?
3.
What would have to happen to reduce or end United State’s dependence on fossil fuels?
What policies can help bring about smart growth and more sustainable energy consumption
and transportation means?
1:00-3:30pm
PoLegFo: RENEWABLE ENERGY & ALTERNATIVE FUELS
Key Topics
Reliance on fossil fuels, alternative vehicles, alternative fuel sources, renewable energy
Readings
Yacobucci, Brent D. 2004. “Alternative Transportation Fuels and Vehicles: Energy,
Environment, and Development Issues.” Washington, DC: Congressional Research Service,
Washington, DC: The Library of Congress. Review report, found at:
http://www.cnie.org/nle/crsreports/04Jun/RL30758.pdf
Review DOE’s website re Energy Efficiency and Renewable Energy, found at:
http://www.eere.energy.gov
“Sunrise for renewable energy?” Dec. 14, 2005.The Economist. Found at:
http://www.ebusinessforum.com/index.asp?doc_id=7893&layout=rich_story
In Class Exercise
The students will present their research, information and issues identified regarding alternative
fuels, renewable energy sources and other legal and political issues relevant to the current energy
debate
Questions
1. What percentage of the country’s energy needs do you think could realistically be met
through the use of renewable energies?
2.
Which of the renewable energies do you find most promising? Why?
1:00-3:30pm PoLeFo Class: GLOBAL ENERGY POLITICS AND ENERGY
POLICIES
IN THE DEVELOPING WORLD
Key Topics
Linkages between energy and poverty; access to water, health, agriculture and biodiversity;
international development; population growth; energy vulnerability and security; technological
options; environmental consequences of energy production and consumption; energy efficiency
and conservation; renewable energy options.
Required Readings
Interntaional Energy Agency. “World Energy Outlook. 2005” www.iea.org.
International Institute for Sustainable Development (IISD). 2004. “Renewables 2004 Bulletin: A
Daily Report from the International Conference for Renewable Energies.” Vol. 95, No. 5, 7 June
2004. (Review report for background on issues and politics involved with the commercialization
of renewable energies and www.undp.org/energy ) (ReserveWeb)
United Nations. 2002. A Framework for Action on Energy. New York: WEHAB Working Group
August: 1-36. (ReserveWeb)
United Nations Development Programme et al., 2004, 2005. World Energy Assessment: Overview
and Updates. New York: UNDP. pp. 1-88. Pay close attention to the Executive Summary,
Introduction, and Parts II, III, V, and VI. Available online at:
http://www.undp.org/energy/docs/WEAOU_full.pdf.
Questions
1. How are the relationships between energy, poverty, health, environment, and development
different in developing vs. developed countries?
2.
What policies have led to global energy “insecurity” and what might help bring about energy
security in the US and abroad? Does energy security equal energy self-reliance?
3.
What changes need to occur to bring about more “sustainable” energy policies throughout the
World?
1:00-3:30pm
PoLegFo: THE NUCLEAR OPTION: CASE OF YUCCA MOUNTAIN, NEVADA
– ALL FACULTY
Key Topics
National geologic repository of nuclear waste, radiation protection standards,
Readings
Review EPA’s Yucca Mountain Protection Standards, found at:
http://www.epa.gov/radiation/yucca/
Comments on the U.S. Environmental Protection Agency's Proposed Rule for the Public Health
and Environmental Radiation Protection Standards for Yucca Mountain, Nevada
Submitted on Behalf of the Institute for Energy and Environmental Research, found at:
http://www.ieer.org/comments/waste/yuccaepa.html
Review the Department of Energy’s Final EIS re Yucca Mountain, found at:
http://www.ocrwm.doe.gov/documents/feis_2/index.htm
Review website, Institute for Energy and Environmental Research, particularly the pointcounterpoint entitled “If not Yucca Mountain, then what?” Found at:
http://www.ieer.org/fctsheet/yuccaalt.html
An MIT Interdisciplinary Study: The Future of Nuclear Power. Read the introduction and the
summary, found at: http://web.mit.edu/nuclearpower/
Questions
1. Do you believe the Yucca Mountain site is capable of isolating radioactive waste from
humankind and the environment?
2.
What alternatives exist regarding the storage of spent nuclear fuels and other radioactive
wastes?
3.
What are the arguments for and against increased domestic reliance on nuclear energy?
URBAN ECOLOGY
1:00-3:30pm
PoLegFo: DECLINE AND GROWTH OF METROPOLITAN AREAS IN THE US
Key Topics
Urbanization process, urban flight, highway legislation, Section 8 housing, urban sprawl, home
rule, land use regulation, urban planning, introduction to smart growth principles
Readings
Swope, Christopher. 2003. “Section 8 is Broken”. Shelterforce Online, pp. 1-15.
http://www.nhi.org/online/issues/127/section8.html
Cox, Wendell. 2005. “The Role of Urban Planning in the Decline of American Central Cities”.
Demographia,
pp.. 1-18. Found at: http://www.demographia.com/db-xplannerscities.pdf
Percival, Robert V., et al. 2003. Environmental Regulation. Law, Science and Policy. 4th ed.,
New York, NY: Aspen Publishers: pp. 701-719 (Text)
Freilich. 1999. “From Sprawl to Smart Growth”. American Bar Association. Chapters 1 & 2.
pp. 1-38 (ReserveWeb)
Review (skim if necessary) “Our Built and Natural Environments”. 2001 EPA publication. pp. 182. http://www.epa.gov/dced/pdf/built.pdf
Assignment – due by start of class Thursday, March 23
You are the director of [Your Hometown’s] Coalition for Sustainable Development. Review the
Town
Paper’s
website
re:
TND
Neighborhoods
(http://www.tndtownpaper.com/neighborhoods.htm) Conduct any other research you deem
necessary re: TNDs and the current planning status of your hometown and write a proposal to be
submitted to your home village, town or city council regarding the adoption and implementation
of a TND plan. If your hometown has already adopted a TND Plan, choose a nearby area familiar
to you. International students may choose to submit a proposal based upon their own hometown
(preferred) or upon a US town of their choosing. This is your opportunity to make a pitch to your
local village/town/city council and the content of your proposal, though it should be eye-catching
and professional, is up to you. 1500 word limit (please include word count).
Questions
1. How did traditional land use regulation contribute to the decline of American cities? How can
new land use management principles be used to reverse this phenomenon?
2.
How did post-WWII urban planning strategies contribute to the decline of American cities?
3.
Do Home Rule states have an advantage or disadvantage over non-Home Rule states in terms
of Smart Growth planning principles?
1:00-3:30pm
PoLegFo: MIDTERM – IN CLASS
Friday, March 10
1:00-3:30pm
PoLegFo: REDEVELOPMENT AND PLANNING OF SUSTAINABLE CITIES
Guest Speaker: Robert Kulikowski, Director, Office of Environment Coordination,
City of NY
Key Topics
Smart growth continued, new environmentalism, green urbanism, measures of sustainability,
brownfields, affordable housing, comprehensive planning, use of moratoria, urban ecosystems,
traditional neighborhood development indicators and measures of sustainability
Readings
Lord, Charles P., and Strauss, Dr. Eric, 2003. “Natural Cities: Urban Ecology and the Restoration
of Urban Ecosystems”. 21 Va. Envtl. L.J. 317. pp. 1-32 (omitting footnotes) (LexisNexis
Environmental – Stevenson Library)
Review EPA’s Brownfields cite, found at: http://www.epa.gov/brownfields/
“Getting to Smart Growth: 100 Policies for Implementation”. The Smart Growth Network.
Found at: http://www.smartgrowth.org/pdf/gettosg.pdf
Owen, David. “Green Manhattan”. New Yorker; 10/18/2004, Vol. 80 Issue 31, pp. 111-123, 7p.
(EBSCO)
Questions
1. Should cities be studied as ecological systems? If so, why?
2.
What are the ethical and legal obstacles to using moratoria as a smart growth-planning tool?
3.
What measures of sustainability would you choose to evaluate a local or regional smart
growth plan?
1:00-3:30pm
PoLegFo: GREEN BUILDINGS AND GREEN DESIGN
Guest Speaker: John Krieble, Director, Office of Sustainable Design, Dept of
Design and Construction, City of New York
Key Topics
LEEDS criteria and certification, sustainable design, green design, green buildings, the Bank of
America building
Indicators of sustainability
Readings
Brainard, Gabrielle. 2004. “Environment: Green Goes Mainstream: Can LEED Transform the
Building Industry?” The Next American City, pp. 1-5. Found at:
http://www.americancity.org/article.php?id_article=43
Kibert, Charles J. 2004. “Green Buildings: An Overview of Progress”. 19 J. Land Use & Envtl.
Law 491. pp 1-7. (LexisNexis Environmental – Stevenson Library)
King, Nancy J., and King, Brian J. 2004. “Creating Incentives for Sustainable Buildings: A
Comparative Law Approach Featuring the United States and the European Union”. 23 Va. Envtl.
L.J. 397. (LexisNexis Environmental – Stevenson Library)
Del Percio, Stephen T. 2004. “The Skyscraper, Green Design, & the LEED Green Building
Rating System: The Creation of Uniform Sustainable Standards for the 21st Century or the
Perpetuation of an Architectural Fiction”. 28 Environs Envtl. L & Pol’y J. 117. (LexisNexis
Environmental – Stevenson Library)
Review the U.S. Green Building Council’s website, particularly section which defines LEEDS and
explains certification process/scheme. Found at: http://www.usgbc.org/
Questions
1. Should there be governmental incentives and/or regulation for green design? What type of
measures would you envision?
2.
What level of government (local, regional, state or federal) do you think is best suited to
steward green design/sustainable building.
1:00-3:30pm
PoLegFo: WASTE MANAGEMENT AND SUSTAINABLE COMMUNITY
DEVELOPMENT:
CASE STUDY -- BRONX ECOLOGY PROJECT
Guest speaker: Allen Hershkowitz, NRDC waste management expert and author
Bronx Ecology
Key Topics
Brownfields, community redevelopment, industrial development, recycling, environmental justice,
local participation in environmental policymaking, ecological justice globally
Readings
Herschkowitz, Allen. Bronx Ecology (Text)
Questions
1. Is there a solution to the unprofitability of environmentalism? How did the project’s
designers address this question?
2.
1:00-3:30pm
If you wanted to revive the Bronx Ecology project, how would you avoid or overcome the
problems encountered by Hershkowitz?
PoLegFo: ENVIRONMENTAL JUSTICE AT HOME AND ABROAD
Key Topics
Environmental justice, EPCRA, affordable housing, megacities, environmental impact of
development cooperation (aid, habitat for humanity), ICLEI, NGOs), hazardous waste exports,
Alien Tort Statute
Readings
Percival, Robert V., et al. 2003. Environmental Regulation. Law, Science and Policy. 4th ed.,
New York, NY: Aspen Publishers: pp. 316-326 (re environmental justice); 996-1026 (re citizen
suits); 1094 – 1008 (re hazardous waste exports and Alien Tort Statute) (Text)
Benjamin, James Reginald Jr. 2003. “The EPA’s Final Rule Lowering Reporting Thresholds of
Lead and Lead Compounds, EPCRA Section 313 and TRI: The Impact on Low-Income
Communities”. 10 U. Balt. J. Envtl. L. 101. pp. 1-10. (LexisNexis Environmental – Stevenson
Library)
“National Security vs. Public Disclosure: The War on Terrorism’s Implications Upon Federal
Emergency Planning and Right to Know Laws”. The Federalist Society, 2003.
http://www.fed-soc.org/Publications/Terrorism/environ.htm
Smith, Kristi M. 2004. “Who’s Suing Whom? A Comparison of Government and Citizen Suit
Environmental Enforcement Actions Brought Under EPA-Administered Statues, 1995-2000.” 29
Colum. J. Envtl. L. 359. pp. 1-23 (LexisNexis Environmental – Stevenson Library)
"Environmental Protection in the United States: A Right, a Privilege, or Politics?". Spring 2004.
The Carnegie Council on Ethics and International Affairs. Found at:
http://www.carnegiecouncil.org/viewMedia.php/prmID/4439
Questions
1. Should EPCRA be curtailed in the name of national security?
2.
What is the difference between the legal concept of standing and the various citizen suit
provisions?
3.
Are environmental justice goals being realized? Why or why not?
1:00-3:30pm
PoLegFo: MANAGEMENT OF HAZARDOUS WASTE – THE RESOURCE,
CONSERVATION AND RECOVERY ACT (RCRA)
Key Topics
“cradle to grave” regulatory framework, solid waste, hazardous waste, hazardous constituents,
listed v. characteristic waste, treatment, storage and disposal, generator, Subtitle C, Subtitle D,
land disposal restrictions, delisting petitions, small quantity generators, corrective action, clean
closure, financial assurance
Readings
Percival, Robert V., et al. 2003. Environmental Regulation. Law, Science and Policy. 4th ed.,
New York, NY: Aspen Publishers: p.p. 163-223 (Text)
“ Beyond RCRA: Waste and Materials Management in the Year 2020”. 2002. EPA Official
Publication. Found at: http://www.epa.gov/osw/vision.pdf
Questions
1. Do you agree with RCRA’s “cradle to grave” regulatory approach? Is it over-burdensome?
Why?
2.
Do you believe the current regulatory framework of RCRA encourages the sustainable use of
resources? Why?
3.
Should there be a different level of protection at hazardous waste landfills from that at
sanitary landfills? What is EPA’s position? What is yours?
4.
Does RCRA encourage the reduction in the overall volume of waste produced? If so, how?
Tuesday, April 4
1:00-3:30pm
PoLegFo: CLEANING UP THE DAMAGE: AN OVERVIEW OF THE
SUPERFUND
PROGRAM
Key Topics
Hazardous substances, release, emergency response, site remediation, removal actions, remedial
actions, RI/FS, RODs, potentially responsible parties (PRPs), retroactive liability, strict liability,
the Superfund
Readings
Percival, Robert V., et al. 2003. Environmental Regulation. Law, Science and Policy. 4th ed.,
New York, NY: Aspen Publishers: p.p. 223-288 (Text)
Assignment – Handout in class – due start of class, Monday, April 17.
Questions
1. What is the difference between a removal action and a remedial action?
2.
How much involvement must a company or individual have with a hazardous substance to be
considered a PRP under CERCLA?
3.
Why haven’t industry taxes been reinstated to finance the Superfund? Do you believe the
“polluter-pays” principle CERLA is necessary for the successful continuation of CERCLA?
Why?
1:00-3:30pm
PoLegFo: RCRA and CERCLA CASE STUDIES
Guest Speakers: Stanley Alpert, Esq., former Chief of Environmental Litigation,
Office of the
United States Attorney for the Southern District of NY and Carl P. Garvey,
Assistant Regional
Counsel, New York/Caribbean Superfund Branch, EPA Region II
Key Topics
Civil enforcement, civil penalties, injunctive relief, groundwater monitoring, environmentally
beneficial projects, natural resource damages, joint and several liability, 3 rd party insurance, past
costs, future costs,, orphan share, strict liability
Readings
U.S. v. Mobil Oil Corporation, Complaint and Consent Decree (ReserveWeb)
EPA’s press release re the ExxonMobil Settlement, found at:
http://www.epa.gov/r02earth/news/2001/01145b.htm
U.S. v. Mattiace Industries, Inc., Complaint and Consent Decree (ReserveWeb)
EPA’s press release re the Mattiace Settlement, found at:
http://www.epa.gov/Region2/news/2003/03068a.htm
Questions
1. What are the policy reasons for and against allowing a third party contractor (who is not a
statutory PRP) to become a signatory to a CERCLA CD?
2.
Do you agree with the strict liability aspect of the CERCLA regulatory scheme? Why or why
not?
3.
Do civil penalties create actual deterrents to noncompliance? Why or why not?
1:00-3:30pm
STUDY
PoLegFo: MORTON INTERNATIONAL, INC., MOSS POINT, MS – CASE
Key Topics
Hazardous waste management practices, enforcement, criminal and civil penalties, environmental
audits, information gathering, compliance, Supplemental Environmental Projects (SEPs)
Readings
Civil Judicial Complaint, US and the State of Mississippi v. Morton International, Inc.
(ReserveWeb)
Consent Decree, US and the State of Mississippi v. Morton International, Inc. (ReserveWeb)
Questions
1. Do you believe the penalty collected in the Morton case was sufficient as a deterrent, both to
the corporation and the regulated community? Why or why not?
2.
What reasons explain why and how a chemical manufacturing plant like Morton operated
unchecked and in contravention of so many different federal and state laws for more than 20
years?
3.
From an enforcement perspective, what are the advantages and disadvantages of accepting
SEPs in lieu of cash penalties?
1:00-3:30pm
PoLegFo: DRIVERS FOR CORPORATE & SOCIAL RESPONSIBILITY:
BEYOND
COMPLIANCE
Guest Speaker: Caroline Williams, shareholder resolutions and former CFO,
Nathan Cummings Foundation
Key Topics
Globalization, global compact, environmental management systems, ISO, screening, shareholder
resolutions, codes, incentives, liability of multinational corporations; drivers for change
Readings
Anderson, Ray. 1998. Mid-Course Correction: Toward a Sustainable Enterprise: The Interface
Model. White River Junction, VT: Chelsea Publishing Co: p.p.101-137 and 191-207. (a good
story of one CEO’s personal conversion to sustainability) (ReserveWeb)
GEMI. 2004. ‘Forging New Links. Enhancing Supply Chain Value through Environmental
Excellence.” Copies distributed in December 2005.
Gunningham, Neil et al. 2003. Shades of Green: Business, Regulation and the Environment:
Beyond Compliance Corporate Environmental Performance: Theory and Evidence. Stanford:
Stanford U. Press: p.p. 20-40 and 163-167. (ReserveWeb)
Nathan Cummings Foundation website, found at: www.nathancummings.net. Review
Environment Program. For information about the work of Caroline Williams: click on News &
Reports on the buttons at the top; then click on NCF News, then Caroline Williams to Oversee
NCF Shareholder Activities.
Carbon Disclosure Project website, found at: www.cdproject.net
CERES, Investors and Environmentalists for Sustainable Prosperity. Found at: www.ceres.org
Questions
1. If you were aiming to move a corporation towards more sustainable business practices, what
policies do you think could best accelerate the development of corporate practices that benefit
the environment? What is your rationale for each choice?
2.
What measures would you put in place to help ensure compliance or beyond compliance
behavior of businesses with environmental safeguards and cleaner processes and products?
3. How much of a role should industry self-regulation and voluntary agreements play in
environmental policy?
Thursday, April 20
The regular SciFo and PoLegFo classes are being held together in the 10:30-12noon
class and there is a field trip on Wednesday, April 26th which students are expected
to attend.
10:30-12:00noon
Combined SciFo and PoLegFo: "CHINESE GOVERNMENT
REGULATIONS, INDUSTRIAL DEVELOPMENT AND THE QUEST FOR SUSTAINABLE
SOLUTIONS"
Guest Speaker: Pearl Liao-Hong, former consultant, EU project
This presentation will examine the EU-China Environmental Management Cooperation Program (EMCP),
and its role in developing strategies and solutions regarding China's industrial development. The
presentation will explain what the EMCP is, and what are its goals (implementing strategic solutions to
Chinese eco-industrial development) as well as lessons
1:00-3:30pm
PoLegFo: EMERGENCY PROVISIONS OF ENVIRONMENTAL STATUTES
AND TOXIC TORTS
Key Topics
Section 7003 of RCRA; Section 504 of CWA, Section 303 CAA, imminent and substantial
endangerment standard, Section 106 of CERCLA, toxic torts, class actions, compensatory and
punitive damages, environmental federalism
Readings
Read above-listed sections of environmental statutes in the Statutory and Case Supplement (Text)
Percival, 4th edition: pp. 100-111 and online update (Text)
EPA Guidance on the Use of Section 7003 of RCRA. October 1997. Found at:
http://www.epa.gov/compliance/resources/policies/cleanup/rcra/971020.pdf
Elements of a Civil Lawsuit. Found at:
http://www.riskworld.com/profsoci/SRA/RiskScienceLawGroup/Casebook/98fulltx/postr68.HTM
In re Hanford Nuclear Reservation Litigation, 193 F.3d at 643 (9th Cir. 2003). Found at:
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0E49B0222F33C10388256BDB007C03E0/
$file/9836142.pdf?openelement
Questions
1. Why aren’t the nonemergency, traditional enforcement mechanisms in the various
environmental statutes sufficient to address environmental violations and endangerments, and
what would you propose to overcome these insufficiencies?
2.
Explain two theories of liability on which a plaintiff exposed to a toxic substance might base a
lawsuit.
3.
What is the rationale for allowing a private party to recover punitive damages in a toxic tort
case?
9:00-11:30am
PoLegFo: OVERVIEW OF ENVIRONMENTAL ENFORCEMENT PROVISIONS,
INCENTIVES FOR SELF-POLICING, AND ENVIRONMENTAL CRIMES
Key Topics
Enforcement authorities under the CAA, CWA, UIC, RCRA and CERCLA, review of
federal-state enforcement relationship, “knowing” and “willful” violations of
environmental laws, criminal negligence, intent, “should have known”, responsible
corporate officer, criminal penalties, contractor listing sanctions under the CAA and
CWA, parallel proceedings
Readings
Percival, 4th edition: pp. 931-973 (Text)
EPA Enforcement of Environmental Laws (Criminal) Assessment, from ExpectMore.gov. Found
at: http://www.whitehouse.gov/omb/expectmore/detail.10001134.2005.html
The Department of Justice’s Brief for the United States in Opposition (to the petition for a writ of
certiorari to the United States Court of Appeals re Hong v. US, entered on March 8, 2001). Found
at: http://www.usdoj.gov/osg/briefs/2001/0responses/2000-1867.resp.html
Whitley, Joe D., Weinstein, David B., & Meezan, David M. (2002) “Hanousek, Hong, and
Hansen: Pushing the Envelope of the Criminalization of Environmental Law”. Found at:
http://www.nacdl.org/public.nsf/legislation/overcriminalization/$FILE/FLCC.pdf
Questions
1. What are the main enforcement mechanisms for ensuring compliance with federal
environmental laws?
1:00-3:30pm
2.
What is the rationale for not requiring a showing of specific intent to violate
environmental regulations when “public welfare” offenses are involved?
3.
What type of offenses are considered public welfare offenses? What type of defenses
should be considered public welfare offenses?
4.
Do you agree with the concept of criminal negligence for purposes of criminal
enforcement of environmental violations?
PoLegFo: SPECIAL INTEREST GROUPS, INSTITUTIONS, AND RISKS
Key Topics
Special interest groups, lobbying, public welfare
Readings
Grossman, G.M. and E. Helpman. 2001. “Introduction.” Special Interest Politics. MIT Press:
Cambridge, MA. pp.1-38. (ReserveWeb).
Stiglitz, Joseph. 1998. “The Private Uses of Public Interests: Incentives and Institutions” in The
Journal of Economic Perspectives. 12:2 (Spring): 3-22. (JSTOR)
Questions
1. What role do special interest groups play in a democracy? What do you consider as the
advantages or disadvantages of the influence of any one group?
2. Reflecting on Stiglitz’s experiences in government, do you see any alternative avenues he
might have followed to avoid some of the policy failures he mentions?
3. Do Stiglitz’s conclusions have to lead to serious depression or what are the antidotes you
could envision for the future?
1:00-3:30pm
PoLegFo: ENVIRONMENTAL DISASTERS AND HUMAN RIGHTS
Key Topics
Environmental rights, contingency planning, risk communication, international obligations,
compensation
Reading
Weiss, Edith Brown et al. 1998. “Introduction to Human Rights Law,” pp. 393-451, and
“Environmental Disasters,” pp. 453-501. In E. Brown Weiss et al. International Environmental
Law and Policy. Aspen Law & Business: Gaithersburg, NY. (ReserveWeb)
Questions
1. What do you view as the connections between environment and human rights? How might
they be strengthened in the international arena?
2.
What do you view as the interaction between environment and health as they relate to natural
disasters and what policies would you propose to lessen the negative impacts?
3.
How might the fair treatment of groups adversely affect particular individuals? Is this fair? Is
this just?
PoLegFo REVIEW: HURRICANE KATRINA – STATE OF THE
ENVIRONMENT – JOINT FACULTY
1:00-3:30pm
Key Topics
Federalism, the Commerce Clause, emergency response authorities, national security, the role of
NGO’s, environmental justice
Readings
Hurricane Katrina Task Force Subcommittee Report, February 2006. Found at:
http://www.abanet.org/natsecurity/scolns_hurricane_katrina_report_feb_2006_2.pdf
Houck, Oliver. “Can We Save New Orleans?” Tulane Environmental Law Journal. Spring
2006:19:1-68.
Question
1. What role does the concept of federalism play in terms of the government’s response to
natural catastrophes? What challenges does federalism present to such response?
2.
What role do NGO’s play in response to natural catastrophes? What role should they play?
How has their role changed over time?
3.
Why is the Commerce Clause relevant to a discussion regarding the Hurricane Katrina
response?
4.
Can New Orleans be saved?
Friday, May 12
9:00-11:30 am
JOINT CLASS: MANAGEMENT OF NATURAL DISASTERS (WITH A FOCUS
ON HURRICANE KATRINA)
Guest Speaker: Howard Kunreuther, University of Pennsylvania