An examination of the legal limits of state and federal executive action; rule-making; adjudicative and investigative actions of administrative agencies; relevant statutes, such as the Administrative Procedure Act; and the concepts of delegation, ripeness, standing, judicial review, and due process.
An introduction to the major issues in environmental law; the role of legislative, administrative, and executive bodies and judicial review; land and resource management; air and water pollution control; pesticide and toxic substance regulation; solid waste policy; and federal and state administrative procedures.
California Environmental Law Seminar
A Survey of California Environmental Law is a twelve week course designed to introduce students to environmental laws promulgated by and specific to the State of California. Instruction and discussion will be scheduled for the first ten weeks of the course. The latter two weeks of the course will be devoted to student presentation of final papers. Content will be designed to briefly examine each of the following statutory schemes: the California Environmental Quality Act; the California Endangered Species Act; the Porter Cologne Act; the California Clean Air Act; and, the California Coastal Act. Given that each of these statutory schemes is extremely intricate, and given that the course is limited to ten weeks, mastery of the statutory schemes is not expected. Instead, it is anticipated that students will acquire an understanding of the purpose of each Act, the general procedures associated with each Act, and how each Act is used to protect California’s environment. Throughout the course, students will be expected to evaluate whether each of the statutory schemes presented achieves the goal and policy of environmental protection.
This course considers the moral and legal issues surrounding the relationship between humans and domestic and non-domestic animals. The connection of morality to the law will be explored as will major moral theories relating to the relationship between animals and humans. In this context the concept of ‘rights’ will be analyzed and its potential application to animals will be discussed. With this theoretical background, the course then looks at the use of animals in agriculture and experimentation, and the application of the federal Animal Welfare Act to these practices. Thereafter the course focuses on state law, which is where a great deal of the domestic law on animals resides. In this connection, the course reviews the concept of animals as property, liability for and damages recoverable for injuries to and by animals, and wills and trusts problems relating to bequests for the benefit of animals. Finally, the course discusses certain intellectual property issues, including patenting of animals and copyright of artwork by animals, as well as selected issues of international and comparative law relating to animals.
Environmental Enforcement Seminar
This course focuses on the various aspects of environmental practice against the backdrop of environmental enforcement and policy issues. The intention is to provide those students with an interest in environmental law an opportunity to engage in the fundamental principles of environmental enforcement from both the perspective of the complainant as well as the defendant. The course is designed to focus upon developing skills and creative approaches which may be applied to concrete problems within the universe that is environmental enforcement. Reliance will be placed upon classroom discussion, hypothetical fact situations, and role plays in addition to lectures in order to absorb the material which is presented.
This quasi-clinical course will combine a substantive introduction to environmental justice with practical experience in that area. The class will be divided into groups, based on students’ interests and substantive backgrounds, to work on specific projects with organizations. In a weekly seminar, the first hour will be devoted to substantive topics in environmental justice law and the second will focus on learning from the group projects. The class will rely on active learning techniques, such as brainstorm and simulation.
International Animal Law
This class looks at Animal Law from an international and comparative law perspective. While the class is focused on issues relating to animals, it covers a number of subjects of general applicability relating to international law, international trade, intellectual property, and environmental law. Some of the subjects covered include analysis of moral theories relating to the relationship between humans and non-human animals; review of laws of numerous jurisdictions, including Australia, Austria, Brazil, Canada, the EU, Germany, India, New Zealand, South Africa, Sweden, Switzerland and the U.K., relating to the use of animals in agriculture, scientific experiments, sport and entertainment, including film, circuses and animal exhibitions; analysis of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; study of the impact of international trade agreements on Animal Law issues, with a focus on the World Trade Organization, the General Agreement on Tariffs and Trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights; consideration of the recent trend toward attempting to protect the interests of animals through constitutional provisions; and analysis of animal-related intellectual property issues including cloning, patenting of life forms, trade secrets, and sales of artwork created by animals. Another major topic of discussion will be the economic, moral, social and cultural foundations of the various approaches taken to Animal Law in different jurisdictions. The class requires a paper based solely on the readings and presentations in the class, and this paper will be due about a month after the class concludes. One or more field trips related to the class are possible and the class will visit a vegetarian restaurant in Toulouse. For those students who successfully complete their paper on a (pre-approved) intellectual property-related topic, this course will provide 2 units of intellectual property elective credit for purposes of the Intellectual Property Certificate.
International Environmental Law
A survey of international environmental principles and problems, treaties and conventions. Topics to be covered include planning processes, global climate change, trans-boundary air and water pollution, hazardous substances, and marine conservation.
Natural Resources Seminar
This seminar surveys and evaluates federal and state law regulating the use of natural resources, with special emphasis on mining, water, and timber issues. Today’s international situation and economic downturn have sharpened conflicts over the exploitation and preservation of these raw materials, so along with traditional sources such as cases and statutes, the class will discuss relevant articles from natural resource periodicals such as High Country News. There is no prerequisite for this course, although some subjects introduced in Real Property, such as takings and the public trust doctrine, will be considered in greater depth. A 15-20 page paper is required, and for at least two weeks the class will not meet while students conduct their research. The last week will be devoted to brief student presentations on individual paper topics.
Ocean and Coastal Environmental Law
This course concerns jurisdiction over ocean and coastal waters, including public international law and U.S. policy regarding regulation of marine areas and resources, boundaries, and territorial claims. The class will address environmental and management issues related to water quality and habitats, coastal development and public access, ocean energy and mineral rights, and marine species.
Water Law and Policy Seminar
In the Old West, it was said that “whiskey is for drinking and water is for fighting over.” For the practicing attorney today, understanding water rights is crucial in real estate development, land use planning, environmental regulation, and international law. The course covers the surface water doctrines of prior appropriation and riparianism, groundwater, interstate allocation, ecosystem protection, and cross-border allocation. Students will discuss cases and contemporary news articles, as well as visit a local water agency. An in-class presentation and a 20-30 page research paper are required.