| No. | Date | Topics | Guest Speaker(s) | Readings | Comments and Reference Materials |
|---|---|---|---|---|---|
| 1. | August 26, 2013 | Introduction to class; Foundations of Environmental Law | Percival, et al. (PSML) pp. 1-15, 38-49 |
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| 2. | August 28, 2013 | Economic Approaches to Environmental Law and Alternative Approaches | PSML 26-38, 49-51, 57-60 | ||
| 3. | Sept. 2, 2013 | NO CLASS - LABOR DAY | |||
| 4. | Sept. 4, 2013 | Common Law -Private Nuisance | PSML 61-76 |
Crye v. Reichhold Chemicals (234th Dist. Ct. 1999) (dismissal of Ship Channel nuisance action) |
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| 5. | Sept. 9, 2013 | Common Law - Public Nuisance |
PSML 76-89, 100-111 |
Background reference materials: lead paint public nuisance ruling FPL Farming Ltd v. Environmental Processing Systems LC (Tex. Aug 26, 2011) |
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| 6. | Sept. 11, 2013 | Overview of Federal Environmental Regulation: Congress' Commerce Power, Citizens' Standing to Sue, Rulemaking, and Takings Rise of the Statutory Framework |
PSML 111-122, 131-136 PSML 89-100 |
Sample citizen suit notice letter and affidavit Cross-State Air Pollution Rule (CSAPR) -- petition for reconsideration CSAPR -- petition for review |
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| 7. | Sept. 16, 2013 | Statutory Framework (cont'd) Review of Administrative Law Principles |
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PSML 168-190 (skim if you have already had some exposure to administrative law or regulatory practice) |
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| 8. | Sept. 18, 2013 | Clean Air Act: Air Pollutants, Mobile Sources |
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PSML 523-34, 555-563 Sources of Air Pollution handout |
Texas reply to EPA's demand for GHG regulations (NOT required reading - solely for your reading pleasure) |
| 9. | Sept. 23, 2013 | Clean Air Act: NAAQS/SIP Program |
PSML 569-594, 598-601 |
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| 10. | Sept. 25, 2013 | Clean Air Act: New Source Review/Prevention of Significant Deterioration, Hazardous Air Pollutants |
PSML 608-628 |
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| 11. | Sept. 30, 2013 | Clean Air Act: Wrap-up on NSR/PSD and HAPs, Acid Rain, Multi-State Air Quality Issues | PSML 628-656, 303-317 |
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| 12. | Oct. 2, 2013 | Clean Air Act: Multi-State Air Quality Issues |
PSML 628-656 (refresh) |
Briefs and Petitions for U.S. Supreme Court review of EPA v. EME Homer City Generation |
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| 13. | Oct. 7, 2013 | Climate Change Law - Regulations |
Guest speaker: Steven Cook, senior EHS counsel, Lyondell Chemical | PSML 1207-1235, 534-555 |
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| 14. | Oct. 9, 2013 | Climate Change Law - Litigation | Review prior reading on American Electric Power v. Connecticut at PMSL 105-110 Comer v. Murphy Oil, pp. 1-8, 13-30, 34-35
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Climate Change Litigation mini-Powerpoint Kivalina v. ExxonMobil (9th Cir.), pp. 11647-11657 Bonser-Lain v. TCEQ letter opinion Alec L v. Jackson Memorandum in Support of Motion to Dismiss by United States |
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| 15. | Oct. 14, 2013 | Clean Water Act: Structure of Act; "Waters of the United States" and Jurisdiction | PSML 666-693
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Clean Water Act Intro PowerPoint |
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| 16. | Oct. 16, 2013 | Update on Climate Change Regulation and Litigation | Guest Speaker: David Bookbinder, Element VI (formerly Sierra Club) | West Virginia State Board of Education v. Barnette (suggested reading only; focus on Justice Frankfurter's dissent) |
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| 17. | Oct. 21, 2013 | Clean Water Act: Definitions of "Point Source", "Discharge" and "Pollutant" Clean Water Act: Water Quality Standards and technology requirements in NPDES permits |
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PSML 694-701, 710-725 (from our original 10/16 reading assignment) |
Draft EPA Study on Connectivity of Streams and Wetlands to Downstream Waters |
| 18. | Oct. 23, 2013 | Clean Water Act: TMDLs, Wetlands Protection | PSML 767-793
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PSML 725-747 (skim; will cover in lecture) Sample NPDES Permit Fact Sheet |
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| 19. | Oct. 28, 2013 | Guest Speaker: Carlos Rubenstein, Chairman of Texas Water Development Board, former Commissioner of Texas Commission on Environmental Quality |
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| 20. | Oct. 30, 2013 | RCRA - Solid Waste, Hazardous Waste, TSDs, Generators and Transporters | PSML 354-360, 365-384 Download the Philern Case Study materials and supplement and review Part I only. Keep them in mind as you prepare to represent your clients in the class Case Study. |
Statutory definitions handout Read the solid waste statutory definition and regulatory definition at 40 CFR 261.2, but skim only the lengthy exemptions from the solid waste definition in 40 CFR 261.4 |
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| 21. | Nov. 4, 2013 | RCRA - Solid Waste, Hazardous Waste, TSDs, Generators and Transporters |
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| 22. | Nov. 6, 2013 | RCRA - Solid Waste, Hazardous Waste, TSDs, Generators and Transporters Philern Case Study |
PSML 399-406 See class reading assignment for Oct. 30 Because of technical difficulties, this lecture was not recorded. |
Hazardous Waste Facility PowerPoint | |
| 23. | Nov. 8, 2013 (Friday) | Tour - Valero, Texas City refinery |
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| 24. | Nov. 11, 2013 | CERCLA - the National Contingency Plan, Potentially Responsible Parties, Defenses, Liability and Allocation |
Start preparing to advocate your clients' interests in the CERCLA negotiation exercise |
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25. |
Nov. 13, 2013 | CERCLA - the National Contingency Plan, Potentially Responsible Parties, Defenses, Liability and Allocation |
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Practice Exam Review (handout) |
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| 26. | Nov. 18, 2013 |
CERCLA - the National Contingency Plan, Potentially Responsible Parties, Defenses, Liability and Allocation |
PSML 458-484 |
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| 27. | Nov. 20, 2013 | CERCLA Negotiation and Enforcement Exercise |
See reading for class on Nov. 11, 2013 No lecture recording for this class. |
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| 28. | Nov. 25, 2013 | Environmental Justice Overview
Endangered Species Act - Listing, Endangerment, Consultation Process |
Environmental Justice mini-PowerPoint PSML 984-993, 1009-1017, 1029-1047 |
In re Endangered Species Act Section 4 Deadline Litigation (May 10, 2011) |
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| Thanksgiving Holiday - no class |
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| 29. | Dec. 2, 2013 | Endangered Species Act - Private Takings |
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PSML 1047-1064 |
Ridge Top Ranch LLC v. U.S. Fish & Wildlife Service (complaint) S. 1731 (Endangered Species Management Self-Determination Act) |
| 30. | Dec. 4, 2013 | National Environmental Policy Act: Major Actions, FONSI, Environmental Impact Statements |
PSML 895-897, 905-918, 932-939, 943-945, 950 n.3-953, 970-973
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Sample Environmental Impact Statement (new nuclear unit at South Texas Project) Petition for writ of habeas corpus for Tommy (N.Y. Sup. Ct., Fulton County, filed Dec. 2, 2013) and supporting memorandum |
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| 31. | Dec. 6, 2013 |
Voluntary final review session - in classroom 144 TUII from 9:00 to 10:00 am. |
Final exam will take place on Dec. 11 from 9:00 am to noon at 211 TUII. |
Finals Review Worksheets 1 and 2 Answers to Email Questions for Finals Review |
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