Professor Tracy Hester
(713) 743-1152 (office)
(832) 868-1680 (cell)
(713) 221-1212 (fax)
Course Subject Matter: This course will focus on how agencies and courts enforce environmental laws and the critical role that enforcement plays in assuring compliance and protecting the environment. We will review the principles of civil and criminal liability under environmental laws, assess ways to design effective environmental regulations, examine how federal and state agencies use these tools, and craft techniques to help clients minimize their potential liability. Our examination will center on practical strategies to manage these liabilities particularly in regard to the Clean Air Act, CERCLA, RCRA and the Clean Water Act.
This course will use a combination of lectures, class discussions, in-class exercises and sample problems, and case studies. We will use role-playing exercises to give students experience in real-life enforcement negotiations and prosecutions.
Course objectives: To prepare students to counsel clients on environmental enforcement matters and ways to reduce enforcement risks.
Textbook: I will provide a collection of selected readings to students. If you are interested in practicing in this area, I will also provide a set of supplemental reference materials for purchase or check-out at the Law Library reference desk. I will also try to have these materials posted on a class website.
Office Hours: My office is at TUII 142, and my office hours are on Tuesdays at 9:00 to 10:30 am, and on Wednesdays at 4:00 to 5:00 pm. I'm also glad to schedule any direct conferences or meetings if you have difficulty getting to my office during those hours.
Grading and Explanation: Final grades will be based on a final examination, class participation, and in-class assignments and exercises. The final examination will consist of essay questions.
I will follow the Law Center attendance policy. You will not be allowed to take the final examination unless you attend 80% of the classes. Excused absences will be liberally granted.