Spring 2009 Course Schedule

Advanced Environmental Law (LAW-844-001)
Breen

Meets: 07:30 PM - 10:10 PM (M) - Room 601

Enrolled: 20 / Limit: 30

Administrator Access


Notices

There are no notices at this time.

Description

Focuses on advanced issues in liability under federal 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

The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.

First Class Readings

Bring the following materials for the first class:
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.) 2008-2009 is the current edition; if you already own an earlier edition, you could use 2002-2003 or any later edition. Do not use anything older than 2002-2003.
3. Bound supplemental materials photocopied for this course, available through the law school.

Read the following for the first class:

  1. Casebook pages 621-635.
  2. CERCLA sec. 107(a) (c) and 101(20)(A) from the statutory supplement.
  3. The following items in the photocopied supplemental materials:
      a. US v. Aceto
      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 only need to read the majority opinion carefully)
      e. EPA / DOJ Policy on CERCLA Enforcement Against Lenders.
  4. CERCLA sec. 101(20)(E),(F), and (G) and sec. 107(n), all added to the statute in 1996.

Optional reading for the first class is Morton v. Staley Manufacturing, from the supplemental material.