Environmental Law

Credit Hours: 3

This course covers numerous substantive areas in environmental law, while exploring the theme that environmental law is perhaps the most significant area of the law where structural constitutional questions of federalism and the separation of powers regularly arise. After explaining some of the background constitutional provisions in the environmental area, such as the Commerce Clause, the Spending Clause, and Takings, we turn to analyzing particular statutory areas: (1) the Clean Air Act (a greater area of focus as the first complex regulatory statute encountered); (2) the Clean Water Act; (3) NEPA; (4) RCRA; (5) CERCLA; and (6) the Endangered Species Act. We also spend several class units on recurring administrative law issues in environmental law and on the topic of environmental enforcement. Modes of statutory and regulatory interpretation are also an important class theme.