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Canyon College

COURSE SYLLABUS: Environmental Law

Course Title: Department: Instructor: Prerequisites:

LS386 - Environmental Law Legal Studies Barry B. Eskanos, MPA, J.D. E-Mail Vita None

Required Text: Online Bookstore

Materials on Environmental Law, John-Mark Stevensvaag, West Group: American Casebook Series, 1999
ISBN #: 0314211470

Seminar Day and Time:

Wednesdays from 12:30 p.m. to 1:00 p.m. EDT
Thursdays from 10:30 p.m. to 11:00 p.m. EDT

Course Description:

After completing this course, the student is expected to have acquired the basic skills necessary for understanding the basic issues surrounding environmental law; the applicable statutes, or where to find them; the administrative law issues impacting environmental law; and also the relevant contract and tort issues. The course is designed to give the student exposure to case law, statutory law, and the relevant acts.

Course Outcome:

Upon completion of this course, you should be able to do the following:

1. Understand and Prepare a legal memorandum relating to Environmental Law;
2. Understand the Environmental Degredation;
3. Understand Environmental Economics;
4. Understand Non-economic goals;
5. Understand Environmental Law in the Court system;
6. Understand Environmental Law in the Legislative arena (including the Clean Air Act, Federal Regulation; the Clean Water Act; etc.).

Learning Activities:

This course is comprised of instructor led discussions, written assignments, submissions, and exams. Students are encouraged to contribute to the discussions with their own knowledge and experiences. Reinforcement of learning is accomplished through course and/or chapter objectives and quizzes for each lesson. Written assignments provide students with the opportunity to sharpen their analytical and writing skills. Direct communication occurs between students and instructor through the classroom setting, e-mail, message board, chat rooms, or phone. Attendance at the live chat is not mandatory, but it has been found to be enjoyable by the students and a great way to interact with the professor and classmates.

Policies and Procedures:

Exams and projects are graded on a scale of 100 with 73 or above being satisfactory or at the 2.0 GPA level. An academic average of 63% is required in order to receive credit for the course. Students are encouraged to be in class weekly and class participation is weighted in the final grade computation. It is the student’s responsibility to complete the material covered if lessons are missed and to see that all missed lessons are made up in compliance with the College guidelines. Make-up work undertaken to complete a course after the course has ended may sometimes satisfy grading criteria. A total of 100 points is available for this course, as follows:

Grading:

Message Board Participation Seminar Participation Overall Participation Quizzes Mandatory Project Part I Examination Part II Examination

4 points 3 points 5 points 13 points 15 points 25 points 35 points

Class expectations for message board postings and seminar participation:

The expectation for student messages on the message board and in the seminar are that the messages will reflect a solid understanding of the materials. The message should contain an analysis of the issues involved in the posted discussion questions. In order to perform this analysis, the student will have read and reviewed all of the materials for the week. They will have reviewed the posted questions and postulated answers as well as follow up questions. Students should post messages that demonstrate that they have analyzed the information covered in connection with the discussion questions to come to logical conclusions.

Postings to the message board must be complete by the end of the lesson week. (Sunday, midnight, EDT.) Postings after that time will impact the overall participation grade but will not affect the message board grade for that week.

Seminars begin at __:00 EDT. Those turning in assignments late or failing to turn in assignments may have a reduction in their grade. Those who arrive at __:15 pm EDT or later will be required to submit the alternative assignment to receive full credit.

Written Assignments, Message Board Participation, Seminar Participation and your Overall Participation grade will be graded in the following manner on a weekly basis and is a required element of the course:

Points	Participation Grading Rubric
0	Student failed to post any messages either on the message board or in the seminar.
1	Student posted brief messages to either the message board and/or the seminar, however they did not meet posted class expectations. These messages did not add to the substantive discussion of the topics for that lesson.
2	Student added more detail to the messages posted on the message board or the seminar discussion, but not both. They identified important issues or concepts but failed to provide substantial original contribution in both settings.
3	Students were able to make a substantial, original contribution to the message board and the seminar discussion by identifying important issues or concepts but did not provide evidence of original analysis of the discussion questions.
4	Student's work met the posted expectations for student work. Student provided evidence of original analysis of the discussion question on the message board and in the seminar discussion.

Late policy:

To earn full credit for an assignment, students are required to submit the assignment by midnight on Sunday (EDT), the last day of the lesson in which the assignment was posted. Students may submit an assignment up to two weeks after the close of the lesson in which the assignment was given. However, five points will be deducted for those assignments coming in 1 – 4 days late; ten points will be deducted for those assignments coming in 5 – 7 days late, fifteen points will be deducted for those assignments coming in 8 – 14 days late.

Online Attendance/Tardiness Policy:
(Effective July 15, 2002)

Canyon College Distance Education courses have both synchronous and asynchronous requirements. Synchronous (or real-time) learning experiences called “Seminars” happen at the same time for all students in a section. Asynchronous learning experiences happen throughout the course and do not require student participation at a scheduled time. The specific requirements for attendance are the following:

1) Students are required to attend class a minimum of two calendar days per week for each 2 or 4-credit course and a minimum of 3 calendar days per week for each 6-credit course by logging on to the course site. Courses are presented in weekly lessons. The weekly attendance period begins Mondays at 12:00a.m. EST and ends on Sundays at 11:59pm EST.

2) Students who are absent from classes 21 consecutive calendar days (excluding scheduled breaks) will be administratively withdrawn from the program.

3) Synchronous Seminars are an integral part of the learning experience. Lack of an appropriate level of course participation may affect the course grade. Alternative assignments must be completed for absences in synchronous Seminars according to the instructor’s syllabus.

4) Students dismissed due to non-attendance must apply for readmission by following re-entry procedures.

5) Students may appeal to the academic dean if they feel an error has been made in their attendance calculation.

6) Tardiness is a disruption to good learning environments and is discouraged. Students in attendance less that 50 percent of any scheduled class may be considered absent for that class.

Academic Dishonesty and Plagiarism:
(Effective April 15, 2002)

All academic assignments are to be the work of the individual student. The following are examples of dishonesty, or unethical and unprofessional behavior:

• Plagiarism - Using another person’s words, ideas, or results without giving proper credit to that person, giving the impression that it is a student’s own work
• Any form of cheating on examinations
• Altering academic or clinical records
• Falsifying information for any assignment
• Partly or wholly completing an assignment for another student or submitting assignments partially or wholly completed by another student.

Charges of academic dishonesty brought against a student shall be made in writing by the faculty member and submitted to the program chair or academic dean for investigation. Academic dishonesty is a serious offense and may result in the following sanctions:

Warning: written or verbal notice that any further misconduct may result in further disciplinary actions
Failure or forfeiture: loss of all or part of the credit for work conducted in association with academic dishonesty
Suspension: removal from the College for a determined period of time
Dismissal: permanent removal from the college

If you are going to properly use the ideas of another, you must do the following:

• Know the difference between paraphrasing and quoting.
• When paraphrasing, make sure it is not too close to the original AND credit paraphrases in the same manner you credit direct quotes.
• Put phrases, sentences, or paragraphs in quotation marks when copying a direct quote.
• Credit any source that you have used, either through paraphrasing or through direct quotes.
• To properly credit a source, you must identify the author, the publication title, date, publisher, place, and page number. For example:
• If you’re still unclear about when to attribute credit to an author, speak to your professor to help clarify this issue.

Review of drafts:

If a student wishes to have their writing assignments reviewed, they must submit it by midnight, Sunday at the end of each Lesson. Only one draft can be submitted. Comments on the draft will be general and will cover grammar, format, style and content. Sample responses will not be available. Because students are able to have a draft reviewed, students will not be permitted to resubmit a final writing project for a better grade. Office Hours: My office hours will be _______________________, from __pm to __ pm EDT.

You may contact me during those times via email or instant messenger. My email addresses are: bbeskanos@canyoncollege.edu; BBEskanos@aol.com; BBEskanos@Yahoo.com; BBEskanos@hotmail.com. If you wish to use the Instant Messaging service, my screen name for all of them are “BBESKANOS”. You can sign up for any of these services at www.aol.com, www.yahoo.com, or www.msn.com, and provide the class with your user name. If you try to contact me at any other time, I may not be able to talk to you at that moment. We hopefully can set up a time to discuss your questions or concerns.


Course Outline:

Lesson 1

____ Read the Syllabus.
____ Introduce Yourself to Your Professor and Classmates.
____ Read Chapters 1-4, pages 2-138.
____ Go to the web site, www.Findlaw.com, and familiarize yourself with that site. Review the site and figure out how to find the various environmental statutes and case law for your state and the Federal Government. If the book asks you to review a statute, it is not mandatory due to the volume of information already being drilled into your heads. However, if you have the additional time, you can use WWW.Findlaw.com to access the statutes for free online.

WRITING ASSIGNMENT: Prepare and submit a written statute prohibiting "greenscamming". (Page 16).

____ Attend Seminar – Introduction to Environmental Law. Students and professor will discuss how to write a general issues facing the environmental lawyer, the judicial and legislative system, and mutual expectations.

Those unable to attend the live discussion:
Please read the live discussion and post your comments and respond to the hypothetical situations posted by the professor.

Lesson 2

____ Read Chapters 5-7, pp.140-234.

WRITING ASSIGNMENT: Prepare and submit a written legal memorandum responding toquestion 1, page 281; and question 5, page 284.

____ Attend Seminar. We will discuss Risk Assessment; and focus on the issues set forth in Chapter 7, the Public Trust Doctrine.

Those unable to attend the live discussion:
Please read the live discussion and post your comments and respond to the hypothetical situations posted by the professor.

Lesson 3

____ Read Chapter 9 pp. 291-546. Please note, I skipped Chapter 8, because of the sheer volume of Chapter 9. If you want extra credit, email me that you have read Chapter 8 and I will give you 32 extra credit points.

WRITING ASSIGNMENT: Brief Natural Resources Defense Council v. Train, pages 302-304; American Trucking Associations V. EPA, pages 322-327; Portland Cement Association V. Ruckelshaus, pages 350-360; Portland Cement Association v. Train, pages 360-362; and Union Electric Company v. EPA, pages 380-386.

____ Attend Seminar– Environmental Legislation. Should the legislature become scientists? How do we take specialized issues with technical information, and make meaningful laws? Do you think the legislature generally understands the intricacies of the harmful effects of the chemicals we are exposed to on a regular basis? Should there be any changes to the Clean Air Act given the enhanced security measures we are under due to terrorism? Should we be concerned about the use of terrorists of civilian plants to attack America? What if the terrorists attacked Portland cement factories, releasing dangerous toxins into the air?

Those unable to attend the live discussion:
Please read the live discussion and post your comments and respond to the hypothetical situations posted by the professor.

Preparation for Part I Examination

Study for the examination over Part I of Environmental Law.

Complete the examination over Part I of Environmental Law and submit it to Canyon College. The examination will cover the lecture and material covered over the first half of the book.

DO MID-TERM EXAMINATION:

Mid Term Examination: Think Paper: Prepare a paper that is no less than 3 pages, double spaced on any topic covered in the material covered through page 386 of the first half of the text, or the live discussions. Be sure to cover why you found the information interesting; what you found interesting about the topic; what you would change about the existing law (if applicable); etc. I am not interested in having the student regurgitate the law, but, more importantly, what you find interesting about the law.

Lesson 4

____ Read Chapters 10 - 11, pp. 547-654

WRITING ASSIGNMENT: In addition to the above reading be sure to carefully read the excerpt from Weyerhaeuser Co. v. Costle, pages 626-628. Should the courts become scientists? Practically speaking, how do you think the EPA and the attorneys for the various plants present the information to the court.

Please consider this hypothetical situation. Assume you are the attorney for a large manufacturing plant that discharges chemicals into a running stream. No one has complained as of yet, as you are in a remote part of the wilderness in Alaska. You get word that the EPA plans a visit to your plant, and you are directed to deal with the individuals visiting from the EPA. You discharge into the Ocean via a pipe that goes into international waters (3 miles long). Do you feel that the EPA has the authority to govern your discharge?

____ Attend Seminar – Clean Water Act. We will discuss various issues relating to the Clean Water Act. We will discuss the Act, and various amendments that have transpired. Also, in light of current scientific studies and breakthroughs, do you think that the Act should be updated more often? We will discuss the power of administrative agencies and their role in governing our lives.

Those unable to attend the live discussion:
Please read the live discussion and post your comments and respond to the hypothetical situations posted by the professor.

Lesson 5

___ Read Chapter 12, pp. 655-770.
___ For extra credit (25 points –watch the movie "Erin Brockovitch.")

WRITING ASSIGNMENT: Go to the attached site, and read the article.

http://tis.eh.doe.gov/oepa/law_sum/ldpfa.htm

Extra Credit (50 Points) Go to WWW.Findlaw.com or local law library and read Chemical Waste Management v. EPA, 976 F. 2d 2 (D.C. Cir. 1992).

____ Attend Seminar – We will discuss the following situation. A client purchases a large vast piece of property. After the sale, and without disclosure, the property had a lake that was used for a brief time as cooling water for a nearby plant that manufactured computer chips. Heated silicon would be cooled by the water, and the “dirty water” (water containing both hot water and silicon) is pumped back into the lake. The EPA comes to your client and tells your client that they are responsible for cleaning up the lake and surrounding 50 acres of property. (HINT: Your client does not think that the material is dangerous, as silicon is only sand). The EPA says it is hazardous as one of the four characteristics, but will not tell you which one. You have been retained to research the issue, advise your client on whether they should clean up the area; you have been retained to see if there is some way to cover the cost of the clean up; and basically represent them against the EPA to convince the EPA that a bunch of sand is not hazardous material.

Those unable to attend the live discussion:
Please read the live discussion and post your comments and respond the hypothetical situations posted by the professor.

Lesson 6

____ Read Chapters 13, pages 771-834.

____ WRITING ASSIGNMENT: Brief CALVERT CLIFFS’ COORDING COMMITTEE v. U.S. ATOMIC ENERGY COMMISSION. Pages 771-779.

____ Answer problem number 1.

____ Attend Seminar – Environmental Legislation – The role of our legislature and individual agencies. We will generally discuss the duties and the role that administrative agencies play in our system of government. We will discuss their tremendous power, and the frightening impact that these “un-elected officials” have on our daily lives.

Those unable to attend the live discussion:
Please read the live discussion and post your comments and respond to the hypothetical situations posted by the professor.

Preparation for Part II Examination (Final Exam)

Complete any reading you have not completed. Submit any assignments you have not previously completed. Take the week to “catch your breath”. Finally, submit the final exam “Think Paper” on the following topic of your choice.

CHOOSE ONE TOPIC:

Hypothetical Situation:

You have been contacted by an oil refinery that wishes to start drilling “off shore”, off the coast of Miami Beach, Florida. They have “greased the palms” of a number of Florida politicians, and have gotten the “green light” to start work. They were injecting steam into the ground to make the oil easier to remove, when the machine exploded. Oil from the ground leaked into the ocean. Even though the platform was more than three miles off shore (technically it was international waters), the oil leaked onto Miami Beach, and in addition to everyone else, several hotels are now suing your client. You are asked to advise your client as to whether they are responsible for complying with United States Laws regarding this spill, as it occurred in International Waters?

OR

Think Paper

You can write a think paper on any topic we discussed during the seminars, or, whatever was discussed in the second half of the book. The “think paper” should not be a regurgitation of the law, but a paper showing what you think about the topic; why you found it interesting enough to write on; what should be changed, if anything; what you liked about it; what you disliked, etc. Use the paper to show that you have an understanding of the material and applied the understanding in your paper.

Points System

Canyon College instructors use a numeric grading scale when evaluating quizzes, projects, exams, essays, and final grades:

A A- B+ B B- C+ C C- D+ D DA F AU CC EC TC I R P S U W WF WP

4.0 3.7 3.3 3.0 2.7 2.3 2.0 1.7 1.3 1.0 1.0 0.0 Audit Clep Credit Experiential Credit Transfer Credit Incomplete Repeat Pass Satisfactory Unsatisfactory Withdraw Withdraw Failing Withdraw Passing