Adv Env Law (LAW-844-001)
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Focuses on advanced issues in liability under U.S. statutory environmental law, particularly advanced issues in Superfund, and an extensive survey of common law issues of environmental torts. In addition, the course surveys issues of environmental federalism, including commerce clause and choice of law issues arising in environmental cases.
Textbooks and Other Materials
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LAW OF ENVIRONMENTAL AND TOXIC TORTS: Madden and Boston 3rd Ed. 2005- Required
SELECTED ENVIRONMENTAL LAW STATUTES, EDUCATION EDITION: Thomson Reuters/ Westlaw 2014-2015Ed. 2014- Required. Earlier editions are also fine, as far back as 2002-2003. Do not use anything older than 2002-2003.
First Class Readings
Required texts for this course are: 1. Casebook: Madden & Boston, Law of Environmental and Toxic Torts: Cases, Materials, and Problems, third edition (Thomson West Publishing, 2005). 2. Statutory supplement: Selected Environmental Law Statutes (West Publishing Co.) You can use either the current edition or any earlier edition as far back as 2002-2003. Do not use anything older than 2002-2003. 3. Bound supplemental materials photocopied for this course, available through the law school. First Class Readings: The first class is Monday, January 12, from 7:30 to 10:10 pm. Read the following for the first class: 1. Casebook pp. 621 through 635. 2. CERCLA sec. 107(a) - (c), and 101(20)(A). 3. the follow items from the Supplemental Material (Supp. Mat.): a. Burlington Northern and Santa Fe Railway v. U.S. (we are reading just a portion of this decision at this point in the course: Majority opinion pp. 1-13, 20; and dissent pp. 1-4) b. US v. Fleet Factors c. 40 CFR 300.1100 (scan this regulation quickly; you do not need to study it carefully as we will highlight key points in class) d. Kelley v. US EPA (the dissent can be read quickly; you need only read the majority opinion carefully) e. EPA / DOJ Policy on CERCLA Enforcement Against Lenders f. CERCLA sec. 101(20)(E),(F), and (G), and sec. 107(n), all added to the statute in 1996.