COURSE DESCRIPTION
The oil-slicked shores of the Gulf Coast and Valdez, the contamined sediments of New Jersey Bay, the million-gallon spills of acid mining wastewater into the Animas River, the radioactive groundwater of the Hanover nuclear weapons plant — some of the largest, most complex and expensive environmental fights in the United States now center on broad regions of contamination that have injured natural resources, ecological systems and endangered species. These environmental injuries have led to the rise of a new type of environmental action: natural resource damage regulations and litigation, which seek to either restore an ecosystem or obtain compensation for its loss. These legal actions often seek to recover billions of dollars in restitution or to compel enormous remediation efforts.
This course will explore the fundamental legal issues that drive natural resource damage litigation. By adopting a classroom laboratory approach, we will explore how natural resource damage actions must navigate challenges based on constitutional constraints, standing, political question doctrine, equitable tolling and remedy restrictions, proof of causation, identification of restoration methods, and measurement of damages.
Instructors: Tracy Hester and two guest instructors. Prof. Bill Jackson is the name partner of Jackson, Gilmour LLP, and is one of the leading natural resource damage plaintiff’s attorneys in the United States. Prof. Tom Campbell, the managing partner of Pillsbury LLP’s Houston office, is the former general counsel of the National Atmospheric and Oceanic Administration and a leading defense counsel on large natural resource damage and Superfund cost recovery claims.
This class will not use a textbook. Instead, we will provide materials from this website and handouts in class.
If you are interested in practicing in this area, we will also provide a set of supplemental reference materials for purchase or check-out at the Law Library reference desk.
Our class reading assignments will follow the course syllabus listing. Of course, you should read each day's assigned materials in advance and be prepared to discuss them in class. If we need to adjust the reading assignments, I'll be sure to announce the changes in class and post them to the class website as quickly as possible.
Pursuant to the Law Center's policies and ABA requirements, you will need to attend at least 80% of the classes to receive credit for this class. While we won't take daily attendance, you will have to verify on your final examination that you have complied with the Law Center's rules and attended at least 80% of class sessions. We also reserve the right to adjust your final grade to reflect class attendance if you miss more than four classes (i.e., 80%).
If we need to cancel any classes, we will reschedule a make-up class as soon as possible. According to the Law Center's policy, we will likely hold the make-up class on a Friday.
Please be prepared to discuss the readings assigned for that day. We will call on students, and will expect that you have completed the assigned reading. Of course, you can also volunteer comments and questions.
We will adjust grades by one notch (i.e., a half-grade) based on class participation. 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.
Your grade will come primarily from a final examination. The open-book examination will consist solely of essay questions, and will have a page limit. We will discuss the specific format of the examination towards the end of the semester in a review session.
As per Law Center policy, we reserve the right to make adjustments to grades based on attendance and class participation. This adjustment can be upward or downward.
Professor Hester's office is located at Faculty Suites TU-II in office 142. You can reach him during his regular office hours at 2:00 to 5:00 pm on Tuesdays, and you can call him to schedule a meeting at any other convenient time (including evening hours). You can reach him at 713-743-1152 (office) or at tdheste2@central.uh.edu .