ENVIRONMENTAL LAW PRACTICUM:
COURSE SYLLABUS
University of Houston Law Center
Spring 2014
Professor Tracy Hester
Office: 142 TUII
Office hours: Wed 1:30 - 3:00 pm
(713) 743-1152 (work)
(713) 775-8874 (cell)
tdheste2@central.uh.edu
Course Subject Matter: This course will overview key areas of practice within environmental law such as regulatory counseling and permitting, civil enforcement, criminal liability, private litigation over environmental contamination, policy advocacy, and environmental aspects of commercial transactions. Each lecture topic will be paired with a separate presentation by a guest speaker who practices in that area, and who will provide examples of live projects and cases for class review. These speakers may include the Harris County Attorney (civil enforcement), the Galveston Bay Foundation (permitting), the Harris County District Attorney (criminal), the Audubon Society (policy advocacy) and others.
Course objectives: To prepare students to counsel clients on environmental law matters and ways to assure or enforce environmental compliance strategies and obligations.
Textbook: I will provide a collection of selected readings to students. 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 onWednesdays at 1:30 to 3:00 pm. Many of you will likely have schedule conflicts based on other classes or daytime work obligations, so I'm also glad to schedule any direct conferences or meetings if you have difficulty getting to my office during those hours. I can also rely extensively on e-mail queries to help students.
Grading and Explanation: Final grades will be based on performance on work projects provided by speakers, class participation, and a brief final examination to reinforce class concepts. The final examination will consist of essay questions. While classroom participation is very important, as per University policy I can only adjust a student's grade up or down one notch (e.g., from a B to a B+) on the basis of class participation.
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.
Grading and Explanation: Final grades will be based on a final exam, class participation, and in-class assignments and exercises. The final will consist of essay questions.
Attendance: I will follow the Law Center attendance
policy. You will not be allowed to take the final exam unless you attend 80% of the
classes. While I will liberally grant excused absences, I cannot grant an excused
absence that will drop your total attendance below 80 percent. Please contact me
immediately if personal circumstances will create attendance problems for you.
SCHEDULE
| No. | Date | Topics | Guest Speaker(s) | Readings | Comments |
|---|---|---|---|---|---|
| 1. | Jan. 14, 2014 | Introduction: Course Overview and Review of Work Process Introductory Workshop Session - FOIA Requests and Information Gathering Authorities |
Readings | ||
| 2. | Jan. 16, 2014 | Administrative Practice and Practicalities
Environmental Law Research Resources and Strategies |
Katy Stein, Environmental Research Specialist, UHLC Library |
|
Environmental Enforcement Databases Handout |
| 3. | Jan. 21, 2014 | Regulatory comments and Rulemaking Advocacy | |||
| 4. | Jan. 23, 2014 | Regulatory Comments - Workshop Session | Larry Soward, Air Alliance of Houston |
Air Alliance GHG Permiting Rule --Comment Background Materials |
|
| Jan. 28, 2014 | Class cancelled - the Great Houston Ice "Storm" of 2014 | ||||
| 5. | Jan. 30, 2014 | Environmental Permitting, Hearings and Strategies; Contested Hearings and Permit Advocacy Strategies | Texas Attorney General's Administrative Law Handbook EPA Environmental Appeals Board Practice Manual Notice of Receipt of Application and Intent to Obtain Water Permit by Dos Republicas |
||
| 6. | Feb. 4, 2014 | Environmental Permitting Advocacy Workshop | Bob Stokes, Galveston Bay Foundation | GBF Wetlands Permit Review Study GBF Comment Letter 00306 GBF Comment Letter 00063 GBF Comment Letter 00933 GBF Comment Letter 00797 GBF Comment Letter 00749 |
High Island |
| 8. | Feb. 6, 2014 | Contested Environmental Hearing Workshop | Charles Irvine, Blackburn & Carter |
Contested Case Hearing Process Flowchart |
|
| 9. | Feb. 11, 2014 | Regulatory Compliance Counseling | Lecture | ||
| 10. | Feb. 13, 2014 | Regulatory Compliance Counseling - Workshop Session | Snehal Patel, ExxonMobil | PowerPoint Presentation | |
| 20. | Feb. 18, 2014 | Contamination Litigation and Cost Recovery (CERCLA, RCRA, Tort) | CERCLA Enforcement Training Module Closure of Waste Management Units Under TRRP TRRP Applicability and Grandfathering Municipal Immunity for CERCLA Liability for Involuntary State Action, EPA Guidance Memo (1995) |
||
| 21. | Feb. 20, 2014 | Contamination Litigation and Cost Recovery Workshop | John Jacob, Eastwood Civic Association Scott Sherman, Bracewell & Giuliani (former Assistant Administrator for EPA Office of Solid Waste and Emergency Respones) |
We will distribute a direct link to materials provided by Dr. Jacob. Until then, you can access the Google Drive folder here. | Public Meeting Briefing Slides |
| 13. | Feb. 25, 2014 | Auditing and Internal Investigations Emergency Response |
|||
| 14. | Feb. 27, 2014 | Auditing and Investigation Workshop | Ben Patton (for Mark Farley), Katten Muchin - Incident Response Practice Group | PowerPoint | |
| 11. | March 4, 2014 | Civil Enforcement - Regulatory Violations and Administrative Responses |
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| 12. | March 6, 2014 | Project Review and Strategy Assessment | |||
| 17. | March 11-13, 2014 | SPRING BREAK! | |||
| 18. | March 18, 2014 | Civil Judicial Enforcement | Adam Kushner, Lovell Hogans - former Director of EPA Civil Enforcement - CANCELLED |
Sample Complaint (Petition) Sample Answer |
|
| 19. | March 20, 2014 | Civil Judicial Enforcement Workshop | Rock Owen, Harris County Attorney's Office | ||
| 22. | March 25, 2014 | Environmental Criminal Liability and Enforcement | |||
| 23. | March 27, 2014 | Environmental Criminal Liability Workshop | Roger Haseman, Harris County District Attorney's office |
Lecture |
|
| 24. | April 1, 2014 | Environmental Criminal Liability and Enforcement | |||
| 25. | April 3, 2014 | Environmental Criminal Liability Workshop | George Wilkinson, Vinson & Elkins | Lecture | |
| 26. | April 8, 2014 | Environmental Transactions -- access agreements, contractual allocations of responsibility and indemnification |
|||
| 27. | April 10, 2014 | Environmental Transactions Workshop | Linda Aldrich, Anadarko |
Civil Penalty Policy for Section 311(b)(3) and Section 311(j) of the Clean Water Act Order re Cross Motions for Parital Summary Judgment on Liability in Deepwater Horizon Litigation (Feb. 22, 2012) |
|
| 28. | April 15, 2014 | Mini-lecture: Environmental Justice and Equity Completion of projects |
Mini-lecture | ||
| 29. | April 17, 2014 | Completion of projects |
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| 30. | April 22, 2014 | Completion of projects |
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| 31. | April 24, 2014 | Final class | |||