Environmental Law Survey

This course is designed to give students an introductory working knowledge of the major federal environmental laws addressing toxic substances, waste management, air pollution, water pollution, environmental impact assessment, and biodiversity. Some of these laws are implemented by state regulatory agencies (e.g., the New Mexico Environment Department) and have state law counterparts. Fundamentally, environmental regulation reflects a delicate balance among conflicting ecological, social justice and economic values. Active citizen involvement presents challenges to technology-oriented regulatory agencies. Scientific uncertainty and the global scale of climate disruption also present special complications. This course will examine these and other contemporary issues in environmental regulation.

LEARNING OBJECTIVES: Students will: (a) understand how the different environmental laws are structured and the range of regulatory strategies they use to address environmental problems; (b) learn to recognize actionable “triggers” under various regulatory regimes; and (c) be familiar with the regulatory processes that could pertain to the plans and actions of a potential client.

Environmental Justice, Climate, and Disasters Seminar

What is “environmental justice?” How does it relate to climate change? And what do either of these two concepts have to do with disasters? Increasingly, legal scholars and practitioners are recognizing the connections among these three areas of concern, breaking down conceptual boundaries and synthesizing new fields of inquiry, such as “climate justice” and, most recently, “disaster justice.” Together, all three of these “justice” concerns recognize that environmental problems may impose disparate impacts on vulnerable segments of a population. Each of these concerns may find their roots or exacerbation in common bases, such as poverty, land use, or energy policy. Similarly, each of these concerns may also find commonality of solutions, such as community engagement, contingency planning, and creative application of environmental laws.

This course will introduce students to the foundational legal frameworks concerning environmental justice, climate change, and disaster response. In the process, students will develop analytical skills to identify related legal issues and potential legal solutions in order to serve clients and promote justice in an era of changing climate and increasing threats from a variety of natural and manmade disasters. Students will also refine their skills in written and oral communications, ensuring their readiness for the practice of law and related pursuits.

Environmental Enforcement

"Ultimately, enforcement of the law is what really counts." Evans v. Jeff D., 475 U.S. 717, 743 (1986) (Brennan, J., dissenting).

Environmental Enforcement takes students beyond what environmental law is to how it is applied. The course introduces students to the major mechanisms available to government agencies for enforcing environmental laws: administrative proceedings, civil litigation, and criminal prosecution. Enforcement by private plaintiffs through citizen suits will also be examined. Throughout the course, readings and discussions will focus on enforcement of major federal pollution statutes to protect land, air, water, and public health. Guest speakers will provide diverse perspectives from citizen plaintiffs, defense counsel, and others engaged in practice involving environmental enforcement. Through successful completion of Environmental Enforcement, students will become better prepared to represent any client, public or private, that may require legal counsel to address environmental violations. Students will also apply learning from many other courses and subject areas, including administrative law, constitutional law, civil procedure, criminal procedure, and evidence, as they work to solve problems through the practical context of environmental law. No prerequisites, but prior completion of Environmental Law and Administrative Law is recommended.

International Environmental Law

Acid rain, ozone depletion, marine pollution, species depletion, hazardous waste, global climate disruption – many of the most challenging environmental problems of our time cross political boundaries and require international cooperation to address. International Environmental Law will examine how elements of international law and institutions coordinate with domestic law, state actors, and non-governmental organizations in order to address environmental problems that reach beyond any one state’s capacity to solve. The course will also provide students with a practical foundation for engagement on these issues in their future practice of law.