Spring 2021 Course Schedule

Adv Environmental Law: Liability/Torts (LAW-844-001)
Barry Breen

Meets: 07:25 PM - 10:15 PM ( M)

Enrolled: 17 / Limit: 22

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This course focuses on advanced issues in liability under U.S. statutory environmental law, particularly advanced issues in Superfund, the imminent endangerment provisions in major environmental statutes, and the citizen suit provisions in major environmental statutes. The course also focuses on environmental torts, including causes of action, remedies, issues in causation, and potential defenses. In addition, the course surveys issues of environmental federalism, including commerce clause and choice of law issues arising in environmental cases. The method of assessment is a final examination (in the short-answer format), and class participation can adjust that by one-third grade. ULWR: If requested, the ULWR can be met in connection with this course by adding the necessary written work, when arranged with the instructor.

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.

Required Texts: There are two course materials needed for this course: The Statute Book, and the Supplemental Materials. Each is explained below. 1. The Statute Book: Selected Environmental Law Statutes (West Publishing Co.) You can use the current edition, for 2020-2021 (ISBN 978-1-64708-077-8), or you can suitably use the 2019-2020 edition. Do not use anything older than 2019-2020. It is fine to get this book new or used, and from any source. This statute book, from West Publishing, is the standard statute book that most environmental lawyers use. (You might already have it from my introductory environmental law course.) Still, if you already own a different statute book, check with me before you buy a replacement; I'll help you know if the statute book you already own might also be fine. 2. The Supplemental Materials photocopied for this course, to be posted on the course's MyWCL web site. Included as part of the Supplemental Materials are selected pages from the course Casebook, which is Madden & Boston, Law of Environmental and Toxic Torts: Cases, Materials, and Problems, third edition. Everything you need from the Casebook is included in the Supplemental Materials.

First Class Readings

Not available at this time.