Welcome to Environmental Law!
Environmental law is one of the most dynamic and exciting areas of legal practice, and it plays a pivotal role in protecting our personal health and welfare, guiding economic development and business life, and shielding our most precious natural treasures and resources from misuse or harm. Environmental lawyers explore and apply a complex set of federal and state statutory protections, administrative regulatory prohibitions, and convoluted judicial interpretations to handle challenges that cut across regulatory compliance, litigation, corporate transactions, criminal liability, and protection of vulnerable species and communities.
We will explore this broad field together with three goals:
The class will use a combination of lectures, class discussions, case studies, in-class exercises and sample problems. Where possible, I’ll introduce real-life on-going matters and projects to provide an opportunity to wrestle with some of the most active questions in current environmental practice. We will also use role-playing exercises to give you experience in environmental negotiations and enforcement situations.
As an outcome of taking this class, you should be able to identify key environmental legal issues that might affect government actions, business activities, human health, and environmental resources and species. In addition, you will learn to craft potential legal strategies and tools to oppose or promote actions that pose environmental risks or benefits.
We'll be meeting on Monday-Wednesday 10:30 to noon in Room BLB 144. My office hours are in TUII 142 on Tuesdays from 1:30 pm to 4:30 pm, or any other time by appointment.
You can also reach me at 713-743-1152 or tdheste2@central.uh.edu to schedule a visit at any other time.
We will use the following course book: R. Percival, C. Schroeder, A. Miller, and J. Leape, Environmental Regulation: Law, Science, and Policy (8th ed. 2018)
In addition, I'll distribute class handouts and supplemental materials as needed. We’ll also use a basic class website where you can access additional optional materials as well as recordings of class lectures.
Our reading assignments will follow the course syllabus, although we may vary a bit in pace and coverage as the semester progresses (i.e., expect changes as we go). Of course, you should read each day's assigned materials in advance and be prepared to discuss them in class.
In general, I will treat you in class the same way that I’d treat you as a new attorney working for me at a law firm. So please be prepared to discuss the readings assigned for that day as well as to think creatively about how to apply those materials to new situations and hypotheticals. I’ll call on you randomly, but we’ll make sure that everyone has a chance to participate in the discussion before the semester’s end.
You will also have a limited number of opt-outs (no excuses necessary), but you can’t get credit for the class unless you attend at least 80% of the sessions. You can also attend remotely via Zoom, but at this time you cannot use Zoom to attend for more than five classes over the semester without special permission.
Your grade in this class will be based on a final examination. This exam will last for three hours, and will include (1) multiple choice answers, (2) short fill-in-the blank answers, and (3) essay questions. You can bring your personal notes or outlines that you create, your text book for this class, and any handouts. No commercial outlines or briefs, please. We'll discuss the final exam’s format and other issues later in the semester.
I’ll adjust grades by one notch (i.e., a half-grade) based on class participation as merited. It works both ways - you can raise your grade with energetic and insightful participation, or you can lower it by consistently failing to prepare adequately for class.
Personal Resources
Counseling and Psychological Services (CAPS) can help students who are having difficulties managing stress, adjusting to the demands of a professional program, or feeling sad and hopeless. You can reach CAPS (www.uh.edu/caps) by calling 713-743-5454 during and after business hours for routine appointments or if you or someone you know is in crisis. No appointment is necessary for the “Let's Talk” program, a drop-in consultation service at convenient locations and hours around campus. Go to http://www.uh.edu/caps/outreach/lets_talk.html .