| No. | Date | Topics | Guest Speaker(s) | Readings | Comments |
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| 1. | January 19, 2011 | Introduction | As you read this overview, prepare to identify other emerging technologies that environmental laws might need to regulate |
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| 2. | January 24, 2011 | Overview of Environmental Law and Agency Actions |
Summaries of U.S. Environmental Statutes |
Handout - U.S. Environmental Law Concepts | |
| 3. | January 26, 2010 | Direct Regulation of Emerging Environmental Issues; role of uncertainty and the precautionary principle |
Massachusetts v. EPA, pages 1-10, 24-32 Prof. Percival, Who's Afraid of the Precautionary Principle?, pages 1-22, 54-57, 62-76 Prof. Livermore, Reviving Environmental Protection: Preference-Directed Regulation and Regulatory Ossification, pages 22-36 |
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| Jan. 31, 2011 | Class rescheduled |
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| 4. | Feb. 2, 2011 | Regulation through markets, economic incentives, and mandatory information disclosure (including labeling and self-reporting mechanisms) | Plain English summary of California Proposition 65 |
Remember to review the summary of EPCRA in your environmental statutes package |
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| 5. | Feb. 7, 2011 | Reflexive regulation and voluntary self-regulation |
Green Business and the Importance of Reflexive Law (pages 25-75) A Reflexive Model of Environmental Regulation Rethinking Environmental Regulation: Perspectives on Law and Governance (pages 1-9) |
Handouts: Science article on transgenic poultry study | |
| 6. | Feb. 9, 2011 | Role of Emerging Technologies in Environmental Regulation and Enforcement (including technology forcing) |
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PowerPoint | |
| 7. | Feb. 14, 2011 | Nanomaterials - background and review |
Overview of U.S. Nanotechnology Policy (skim only) Muted Reaction to First Reports of Fatalities from Nanomaterials |
Timeline for Nanoregulation (only a resource for future use; not assigned reading) |
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| 8. | Feb. 16, 2011 | Nanomaterials - regulation of nanomaterials under federal environmental laws | ABA White Papers on Regulation of Nanomaterials Under Clean Air Act, CERCLA and RCRA |
PowerPoint | |
| 9. | Feb. 21, 2011 | Nanomaterials - mandatory data production, labeling and disclosure (TSCA, tort liability) |
EPA Significant New Use Rule (SNUR) on Carbon Nanotubes Nano Data Request and Form from California under Cal. Health & Safety Code EPA LOREX approval letter (redacted) TSCA and Nanomaterials (skim Appendix) |
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| 10. | Feb. 23, 2011 | Climate Change and Geoengineering - background | Prof. Barry Lefer, University of Houston | PowerPoint (version from class) | Initial paper topics due |
11. |
Feb. 28, 2011 | Nanomaterials - focus on carbon nanotubes and potential applications (including energy production), effect of nanotechnology on environmental regulation |
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Applications of Nanotechnology to Oil and Gas Industries EPA Fact Sheet on Remediation with Nanotechnology Letter to EPA opposing use of nanodispersants in Macondo spill |
PowerPoint on Use of Nanotechnology in Energy Exploration & Production |
| 12. | March 2, 2011 | Climate Change - application of federal environmental law to greenhouse gas emissions |
Defending America’s Affordable Energy and Jobs Act (skim only) Supplemental Explanation of Basis for Listing Polar Bear as Threatened (focus on pp. 15 - 18) EPA Ocean Acidification Memo (pp. 1-5) |
Congressional Research Service Report on Climate Change Public Nuisance Litigation (reference only; not required reading for class) | |
| 13. | March 7, 2011 | Wrap-up on climate change and existing federal environmental law Introduction to Climate Engineering Concepts |
Royal Society Report on Geoengineering Remaking the World to Save It: Applying U.S. Environmental Laws to Climate Engineering Projects (working draft, awaiting publication) |
Full report by Royal Society on Geoengineering the Climate: Science, Governance and Uncertainty (for reference only; not required reading) |
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| 14. | March 9, 2011 | Climate Engineering - legal strategies for regulation and control |
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Retooling the Planet (report from Etc Group) |
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| 15. | March 21, 2011 | Climate Engineering - strategies to oppose |
Draft strategy to oppose example geoengineering project - see handout |
PowerPoint Presentation on Climate Engineering and International Law |
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| 16. | March 23, 2011 | Remote sensing and advanced detection techniques - background |
Dr. Alex Cuclis, Houston Advanced Research Center Jed Anderson, The Anderson Law Group |
Environmental Integrity Project comments on refinery emission estimation methods Dr. Cuclis' final presentation Webcast of Profs. Cuclis' and Anderson's class presentation |
Prof. Hester in DC to present at GWU Emerging Technologies symposium. The entire symposium, including Prof. Hester's panel, will be webcast. |
| 17. | March 28, 2011 | Remote sensing and advanced detection techniques - environmental legal issues and technology forcing strategies | Steven Cook, Lyondell Corporation |
Outline of papers due Guests from Admitted Students program will attend class |
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| 18. | March 30, 2011 | Lecture by John Cruden |
Please attend John Cruden's lecture at noon to 1:00 in 144 TUII. He has agreed to discuss emerging technologies and environmental enforcement as part of his speech. You can also talk with Mr. Cruden directly in a reception immediately afterward during our normal class hours (1:00 to 2:00). The reception will take place in the Heritage Room. |
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| 19. | April 4, 2011 | Genetically Modified Organisms (GMOs) and Synthetic Biology - - regulatory strategies, tort liability, restrictions on international use, disclosure mechanisms | Overview from ELI Biotechnology Deskbook |
For reference: |
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| 20. | April 6, 2011 | GMOs and Synthetic biology - environmental legal issues related to production and potential release, Endangered Species Act issues | New Directions: The Ethics of Synthetic Biology and Emerging Technologies, Presidential Commission - read only pp. 35 - 102 and skip endnotes Monsanto Corporation v. Gertson Seed, U.S. Supreme Court, 2010, read only pp. 1 - 24 Riceland Foods v. Bayer Cropscience news story |
Synthetic Biology PowerPoint |
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| 21. | April 11, 2011 | Advanced Energy Technology - background | Creating Law for Next Generation Energy Technologies, A. Bradbrook Criminal Information and plea bargain by Hawk Energy Corporation Dr. Richard Smalley on Energy Challenge and New Technologies |
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| 22. | April 13, 2011 | Advanced Energy Technology - legal issues related to hydraulic fracturing, wind energy and biofuels | Legal regulation of biofuels (pp. 1-6, 38-50, 59-63) Regulation of Shale Gas Hydraulic Fracturing (1-27, 37-47) New York Times article on water pollution from hydraulic fracturing |
Reference Materials for Wind Energy Challenges: Fact sheet on Horse Hollow facility Rankin v. FPL Energy complaint Rankin v. FPL Energy opinion |
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| 23. | April 18, 2011 | Guest lecture: Prof. Peter Bishop |
PowerPoint presentation by Prof. Bishop Additional articles by Prof. Bishop: |
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| 24. | April 20, 2011 | Paper preparation and individual review sessions - no class session |
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First set of rough drafts due for next week's presentation. Everyone will need to submit their rough draft one week prior to their class presentation. |
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| 25. | April 25, 2011 | Paper presentations and comments |
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Five presentations per class Geoengineering and Weather Modification Law Geosequestration in the U.S.: Environmental and Legal Implications Hydrofracking and Natural Gas Supply Effects on Environmental Law |
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| 26. | April 27, 2011 | Paper presentations and comments |
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Five presentations per class Faster, Better, Cheaper: Transgenic Salmon Environmental Issues Affecting Algal Biofuels U.S.A. Phytoremediation as a Model for Choco-Columbia Mining Waste Remediation Emerging Centrifugal Technology in Shale Play Drilling Waste Management |
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| 27. | May 2, 2011 | Paper presentations and comments |
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Five presentations per class |
| 28. | May 3, 2011 | Final wrap-up class (optional) | |||
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| May 11, 2011 | Deadline to submit final papers |
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