Environmental Law
Spring term, Block E
M,T 1:00 PM - 3:00 PM
Professor Jody Freeman
4 classroom credits LAW-35500A Spring
2, 3, or 4 optional clinical credits LAW-35500C Spring
This introductory course will focus on the variety of legal mechanisms we use to address environmental harms such as air and water pollution, global climate change, and habitat destruction. We begin with common law property doctrines such as nuisance, but most of the course focuses on the key federal environmental statutes: the National Environmental Policy Act, the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act and Superfund (which regulate hazardous waste), and the Endangered Species Act. These statutes will be studied in some detail so that students emerge with a basic understanding of their key provisions. Thematically, the statutes serve as illustrations of different regulatory approaches to environmental problems. Students need not be self-identified "environmentalists" to benefit from this course. Nearly every area of law is now affected by environmental regulation, including corporate law, real estate and bankruptcy. The legal issues presented by environmental problems offer ample opportunities for students to develop important and transferable legal skills, including statutory interpretation, constitutional analysis and regulatory design. In addition to federal statutes, we will discuss important matters of policy, including state efforts to address climate change as well as recent developments in Commerce Clause, Takings and Standing jurisprudence that affect federal environment regulation; the role of cost-benefit analysis and science in environmental regulation; and the emergence of "contractual" or negotiated approaches to environmental regulation. Finally, we will discuss the political economy of environmental regulation, specifically the role played by interest groups (both industry and environmental organizations) in producing, implementing and enforcing environmental law. Students wishing to earn clinical credit in environmental law for Fall 2007 must do so under the supervision of the Environmental Law and Policy Clinic Director. Beginning in Spring 2008, students may enroll directly in the new HLS Environmental Law and Policy Clinic. The course on administrative law would be helpful but is not a pre-requisite.
Laptops cannot be used in class.
Students who would like to participate in the clinical component must enroll through clinical course registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical for clinical course registration dates, drop/add deadlines, and other clinical registration information.