| No. | Date | Topics | Guest Speaker(s) | Readings | Comments |
|---|---|---|---|---|---|
| 1. | Aug. 22, 2016 | Introduction - Orientation and Overview |
Campbell, Jackson, Hester | No readings Lecture video |
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| 2. | Aug. 24, 2016 | Traditional tort remedies Standard statutory remedies (CERCLA, RCRA, state law) |
Jackson and/or Hester |
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| 3. | Aug. 29, 2016 | Introduction to NRD law and science | Campbell and Halter | Pierson v. Post, 2 Cai. R. 175, 2. Am. Dec. 264 (NY 1805) Commonwealth of Puerto Rico v. The SS Zoe Colocotroni, 456 F.Supp. 1327 (1978) |
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| 4. | Aug. 31, 2016 | Guest lecture: Robert Haddad |
Robert Haddad | Boehm and Ginn, The Science of Natural Resource Damage Assessments (2013) |
Bullock & O’Shea, Valuing environmental damage remediation and liability using value estimates for ecosystem services(2016) Gala et al, Ecological Risk Assessment and Natural Resource Damage Gouget et al, Effective Coordination and Cooperation Between Ecological Munns et al, Translating Ecological Risk to Ecosystem Service Loss (2009) Knudson, The Long-Term Tort: In Search of a New Causation Framework for Natural Resource Damages (2014) |
| 5. | Sept. 5, 2016 | LABOR DAY - NO CLASS |
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| 6. | Sept. 7, 2016 | Natural Resource Damages 101: remediation, restoration, baseline, and risk v. injury |
Halter (and Campbell, if available) |
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| 7. | Sept. 12, 2016 | NRD statutory framework: OPA and CERCLA | Hester | CERCLA - focus on sections 9607 (including defenses and limitations), 9601 (for relevant definitions), and 9606 (emergency abatement orders) Oil Pollution Act (particularly sections 2701 and 2702) |
MOU between NOAA and EPA re NRD actions |
| 8. | Sept. 14, 2016 | NRD valuation and remedies | Halter and Unsworth/Devousges counterpoint (via Skype) | Essex Chemical trial court ruling and appellate decision Boyle ruling on Daubert issues |
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| 9. | Sept. 19, 2016 | Case example 1: valuation of groundwater resources (New Mexico, New Jersey) | Hester |
No readings - we will on the cases provided for the Sept. 14 class. |
South Valley GW |
| 10. | Sept. 21, 2016 | Guest Lecture - NRD actions in Texas with the Texas AG's office | Mark Walters, Jackson Walker LLP |
Any readings assigned by Prof. Walters will be posted here. |
Texas Oil Spill Prevention and Loss Act of 1991 Memorandum of Understanding between Texas and Federal Natural Resource Trustees |
| 11. | Sept. 26, 2016 | Open Issues 1: causation, joint & several liability, federal governmental liability |
Jackson and Hester |
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| 12. | Sept. 28, 2016 | Open Issues 2: cultural use and non-use recoverability; indigenous peoples; cultural desecration; scope of trusteeships and relative rights | Campbell and Halter | Spiritual and Cultural Resources as a Component of Tribal NRD Claims |
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| 13. | Oct. 3, 2016 | Integration of ecological services assessment into remediation and corrective action | Campbell |
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| 14. | Oct. 5, 2016 | Use of mitigation banking for natural resource damage responses | Hester and Campbell |
Final Compensatory Mitigation Rule for wetlands mitigation Proposed Compensatory Mitigation Policy for Endangered Species Act Frequently Asked Questions on Proposed ESA Compensatory Mitigation Policy |
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15. |
Oct. 10, 2016 | International NRD claims and comparative perspectives | Hester |
PowerPoint and .pdf |
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| 16. | Oct. 12, 2016 | Emerging issues 1: crimal liability and natural resource damages |
Hester |
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| 17. | Oct. 17, 2016 | Difficulties around cotrusteeship on natural resource damages |
Jackson | ALI-ABA Paper On Scope of NRD Trustee's Authority |
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| 18. | Oct. 19, 2016 | Emerging issues 2: aerial emissions | Campbell and Halter | Pakootas Tribe v. State of Washington (III) CERCLA Section 107(a), (f) and (j) Teck smelter map Please note that this class will not have an audio or video recording. |
Sign-up for Energy in Texas event Sign-up for student meeting with Bill Reilly (Oct. 25 at 2:30 pm at the Houstonian) |
| 19. | Oct. 24, 2016 | Emerging issues 3: climate change and NRD | Hester |
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| 20. | Oct. 26, 2016 | Settling NRD Claims from the Responsible Parties' Perspective | Jackson | Standard of Review for NRD Settlements With Government Agencies To promote a freer exchange, this class has no recording of the lecture. |
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| 21. | Oct. 31, 2016 | Emerging issues 4: natural trust doctrine and NRD claims | Campbell and Hester | Atmospheric Recovery Litigation by Wood and Galpern Order denying motion to dismiss in Our Children's Trust federal lawsuit |
Expert affidavit by Dr. James Hansen |
| 22. | Nov. 2, 2016 | Emerging issues 5: restoration of submerged or marine resources | Campbell and Bob Haddad | Valero Refinery visit information for class members attending the Nov. 4 visit. | |
| 23. | Nov. 7, 2016 | NRD settlement negotiations and strategy | Campbell and Halter |
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| 24. | Nov. 9, 2016 | In-class negotiation exercise: preparation and briefing |
Hester |
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| 25. | Nov. 14, 2016 | NRD settlement negotiations and strategy | Jackson | ||
| 26. | Nov. 16, 2016 | In-class negotiation exercise - class session |
Jackson and/or Campbell and Halter |
Oso Negro NRD Negotiation Package |
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| 26. | Nov. 21, 2016 | 1. Wrap-up on class negotiation and review of results 2. Final overview of NRD concepts, practice and opportunities |
Hester and Halter | Elements of Oso Negro NRD Settlement |
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| 27. | Nov. 28, 2016 | Final class review session | Hester | Sample Final Exam Question |
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| Dec. 3 -5, 2016 | Final Exam - 8-hour take-home examination. You can check out the exam at the reference desk of the UHLC library starting at 9:00 am on Friday, Dec. 2, and you must submit your exam answers by 5:00 p.m. on Wednesday, Dec. 7. Please send me any email queries by Dec. 1 at noon - I will compile responses and distribute before the exam period opens on Dec. 2. |
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