ENVIRONMENTAL LAW AND AGENCIES
ESC4100, Section
1, CRN 20040, T,Th 10:50a.m.- 12:05p.m., Spring 2012
Room 209
Holt Hall
Overview
of Agency Responsibilities
Professor: John Tucker
Office Hours: T, Th 2:30 - 3:20, W
11-11:40, and by advance appointment.
Office Location: 215 Holt Hall; Telephone: 425-4341; Email:
John-Tucker@utc.edu
Course Description
The course will examine the role of law
and policy in regulation and management of natural resources and the
environment. Topics include an overview of the role of the legislative,
executive, and judicial branches of government in development, implementation,
and enforcement of environmental law and policy; an overview of the principal
federal environmental laws; the responsibilities and scope of authority of
government agencies; the role and authority of local governments; the role of
citizens in development and enforcement of environmental law; and constitutional
constraints on local, state, and federal authority. The course will also
examine the process of policy development, with particular focus on how science
interfaces with political, legal, social, economic, and institutional factors.
Course Requirements
All students are expected to attend and
participate in class. Please note that 14% of your grade is based on
quizzes over the assigned reading material. Also, 10% of your grade is
based on oral participation in the class, thus you should be prepared to
discuss assigned readings and other matters in class, and you must participate
in the policy exercise. There will be three examinations. Questions may be
multiple choice, fill in the blank, short answer, and
essay.
|
Quizzes |
14% |
|
2 Exams (23% each) |
46% |
|
Policy Exercise & Class Participation |
10% |
|
Final Exam (cumulative) |
30 % |
Exam Policy
There will be NO EARLY EXAMS OR MAKE UP
EXAMS, except under special circumstances and ONLY if you are
granted permission from the professor prior to the exam.
Materials
1. Nancy
K. Kubasek & Gary S. Silverman, Environmental
Law (7th ed. 2011) (ISBN 9780136088837)
(available in UTC bookstore).
2.
Materials posted to the class syllabus, accessible through UTC Online
(Blackboard).
Other Assignments
There will be occasional homework
assignments and in-class exercises.
Grades
Grades are based upon the quizzes, three
exam scores, exercises, homework, and class participation.
A 90 - 100
points B 80-89
points C 70-79 points
D 60-69
points
F 0-59 points
Cell Phones & Other Electronic
Equipment
Turn off your cell phone or other
electronic equipment before you enter class. Sending or receiving text
messages or calls is distracting and will not be tolerated. You may use a
laptop computer to take notes during class.
Honor Code
The Honor Code is based upon the
assumption that the student recognizes the fundamental importance of honesty in
all dealings within the University community and that education is a
cooperative enterprise between student and teacher and between student and
student. Any act of dishonesty violates and weakens this relationship and
lessens the value of the education which the student
is pursuing.
Honor Code
Pledge: I pledge that I will neither give nor receive unauthorized aid on any
test or assignment. I understand that plagiarism constitutes a serious
instance of unauthorized aid. I further pledge that I will exert every effort
to insure that the Honor Code is upheld by others and
that I will actively support the establishment and continuance of a campus-wide
climate of honor and integrity.
Honor Code Violations: Violation of the
honor Code will result in an automatic zero on the assignment or exam, an F in
the class, and referral to UTC Honor Court.
Attention: If you are a
student with a disability (e.g. physical, learning, psychiatric, vision,
hearing, etc.) and think that you might need special assistance or a special
accommodation in this class or any other class, call the Office for Students
with Disabilities at 425-4006 or come by the office, 102 Frist Hall.
University Communications
To enhance student services, the
University will use your UTC email address (firstname-lastname@utc.edu) for
communications. Please check your UTC email on a regular basis. If
you have problems with accessing your email account, contact the Help Desk at
423/425-4000.
ESC4100
Environmental Law and Agencies
Course
Outline
I. Introduction
A.
American Legal System
B.
Rationale and Approaches to Protect the Environment
C.
History of Environmental Law
II. Administrative Law
A.
Agencies
B.
Authority and Limitations
C.
Standing
III. Comprehensive
Environmental Policy and Assessment – National Environmental Policy Act (NEPA)
IV.
Natural Resources
A. Biodiversity Conservation –
Endangered Species Act (ESA)
B. Wetlands – Section 404 Dredge
and Fill Program (CWA)
C.
Public Lands Management, Ecosystem Management – Multiple Use Sustained
Yield Act (MUSY),
National Forest Management Act (NFMA)
V.
Pollution Control
A.
Solid and Hazardous Wastes - Resource Conservation and Recovery Act (RCRA)
B.
Hazardous Substances - Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA)
C.
Air Pollution - Clean Air Act (CAA)
D.
Pesticides - Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
E.
Water Pollution - Clean Water Act (CWA)
ESC4100
Environmental Law and Agencies
TENTATIVE
CLASS SCHEDULE*
|
T |
1/10 |
Course Overview & Intro to Law, American Legal System (Kubasek and Silverman 6th ed, pages 3-47, 52-63, 77-79 (appellate procedure),
Homework – page 47 questions 3,6,8) (Kubasek and Silverman 7th ed, pages 1-42, 48-58, 71-73 (appellate procedure),
Homework – page 43 questions 3,6,8) |
|
Th |
1/12 |
Administrative Law and Standing (Kubasek and Silverman 6th ed, pages 89-122, 63-70 (thru ripeness) (Kubasek and Silverman 7th ed, pages 82-113, 58-64 (thru ripeness) |
|
|
1/17 |
Administrative Law and Standing (Kubasek and
Silverman 6th ed, pages 89-122, 63-70
(thru ripeness) (Kubasek and
Silverman 7th ed, pages 82-113, 58-64
(thru ripeness) |
|
Th |
1/19 |
Administrative Law and Standing continued |
|
T |
1/24 |
National Environmental Policy Act (NEPA) (Kubasek and Silverman 6th ed, pages 149-164) (Kubasek and Silverman 7th ed, pages 137-151) |
|
Th |
1/26 |
NEPA continued |
|
T |
1/31 |
Endangered Species Act (ESA) (Kubasek and Silverman 6th ed, pages 409-418) (Kubasek and Silverman 7th ed, pages 375-383) |
|
Th |
2/2 |
ESA continued ESA Flowchart |
|
T |
2/7 |
EXAM 1 |
|
Th |
2/9 |
ESA continued |
|
T |
2/14 |
CWA Dredge and Fill (Kubasek and Silverman 6th ed, pages 395-408) (Kubasek and Silverman 7th ed, pages 363-373) EPA Wetlands
Internet Site
Why Protect Wetlands? (Review all)
Section 404 Permitting
Wetlands
Mitigation Banking |
|
Th |
2/16 |
Dredge and Fill continued |
|
T |
2/21 |
Public Lands Management (Kubasek and Silverman 6th ed, pages 386-395) (Kubasek and Silverman 7th ed, pages 354-362) |
|
Th |
2/23 |
Public Lands Management continued |
|
T |
2/28 |
Resource Conservation and Recovery Act (RCRA) (Kubasek and Silverman 6th ed, pages 295-314) (Kubasek and Silverman 7th ed, pages 275-293) |
|
Th |
3/1 |
RCRA continued, Comp Envtl Response,
Compensation, & Liability Act (CERCLA) (Kubasek and Silverman 6th ed, pages 314-332) (Kubasek and Silverman 7th ed, pages 294-308) |
|
T |
3/6 |
CERCLA continued |
|
Th |
3/8 |
EXAM 2 |
|
T |
3/13 |
Spring Break |
|
Th |
3/15 |
Spring Break |
|
T |
3/20 |
CERCLA continued |
|
Th |
3/22 |
Clean Air Act (CAA) (Kubasek and Silverman 6th ed, pages 168-211) (Kubasek and Silverman 7th ed, pages 156-192) |
|
T |
3/27 |
CAA continued |
|
Th |
3/29 |
Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (Kubasek and Silverman 6th
ed,
pages 271-281) (Kubasek and Silverman 7th
ed,
pages 252-261) |
|
T |
4/3 |
FIFRA
continued |
|
Th |
4/5 |
Clean Water Act (CWA) NPDES (Kubasek and Silverman 6th ed, pages 217-255) (Kubasek and Silverman 7th ed, pages 198-234) |
|
T |
4/10 |
CWA continued |
|
Th |
4/12 |
CWA continued |
|
T |
4/17 |
TBA |
|
Th |
4/19 |
In-Class Exercise |
|
TH |
4/26 |
FINAL EXAM 11:00a.m. -
1:00 p.m.,
Holt 209 |
*This schedule is tentative and may be adjusted depending
upon the progress of the class and student needs.