Course Title Environmental Law and Institutions Global Sustainability Certificate Program UCLA Extension Course Description A comprehensive understanding of existing environmental laws and institutions is essential to those seeking to work with environmental policy and sustainability. This online course provides an overview of the history, current requirements, and emerging policy issues associated with environmental laws and institutions at the California, United States, and international levels. It also examines the role of judicial decisions in environmental policy. On the state and national levels, specific California and US laws and institutions are covered for: the public trust doctrine, environmental impact assessment, pollution control, water resources, fish and wildlife, wetlands, and climate change. On a global scale, the course reviews laws and institutions related to population, biodiversity and climate change. Students are encouraged to scan newspapers, magazines, and online sources for current news related to environmental laws and institutions, and share these developments with the class. 1
Course Goal and Objectives Goal: The course goal is to provide students with a broad, practical understanding of California, US, and international environmental law, policy, and institutions. Objectives: After completing the class, students will be able to: Describe California, US & international environmental policy issues, laws and institutions Gain a deeper understanding of the interaction among environmental science, politics, policy and law Evaluate which laws and institutions are working well and which need improvement 2
Instructor Expectations Welcome! I'm looking forward to working with you, learning about what you're doing, and what you hope to take away from the course. Here are a few expectations I would like to share before we begin: Reading assignments, lecture notes, discussion questions and work assignments (two worksheets) are listed in this Course Syllabus. These items are also available in folders organized by Course Week in the Syllabus area of your online Course Platform ( Course Week Folder ). Reading Assignments. Reading assignments selected from the main class texts are listed on the Syllabus by chapter and page number. Other reading assignments are available as web links or PDF documents in the appropriate Course Week Folder.. Lecture notes summarize the most important information in the readings, and also contain additional important notes and examples. Lecture notes are available as PDF documents in the appropriate Course Week Folder. You are expected to read all materials and complete all assignments contained within each Course Week folder no later than midnight on Sunday each week. s. For the online portion of the course, I expect that you will make the commitment to participate in discussion questions on an ongoing basis each week. Participation in discussion is mandatory and points for participation are part of your grade. Ideally, the online classroom will be active all week and not just on weekends. Keep in mind that the discussion questions require that you respond to at least one of your classmate s posts by midnight Sunday each week; postings as early in the week as possible will facilitate an ongoing and robust discussion. To receive credit for discussion, the discussion question (including a response to a classmate s post) must be answered no later than midnight on Sunday of the week in which the question was assigned. Your postings should incorporate your opinions, pertinent information from things that you ve read, and any examples from your experience. A well done posting might include an objective and critical analysis of what you read, and what you experienced. Your posts should be wellwritten, professional, and use good netiquette. See the Discussion Rubric later in this Syllabus for guidelines on posting quality responses. You are encouraged to reply to everyone else s responses, as well as to the original question (remember that at least one reply is mandatory). Put my name in the beginning of messages that are intended for me (to Jennifer Harder). Do the same for responses to anyone else. Assignments. The course requires completion of two Worksheets (in addition to Discussion Questions). To obtain full credit, Worksheets must be turned in no later than the due date listed on the Syllabus. Worksheets may be turned in late, but points will be subtracted. 3
Staff Information Hello and welcome to the class! Facilitator:, J.D. Email: jharderrobinson@sbcglobal.net Work Phone: 916.813.9233 (cell) Office Location: virtual but often physically in Sacramento Office Hours: 24/7 but most often reached between 10 and 2 weekdays Bio: is an attorney specializing in environmental and natural resources law, with a focus on water resources, endangered species, environmental impact analysis and regulatory compliance. She teaches a water rights course for second and third year law students at UC Davis School of Law. She also teaches several UC Extension courses including Water Rights and Sustainability, Environmental Law & Institutions, and "Environmental Compliance for Water Projects." Jennifer was previously a partner in the Water Group at the Sacramento law firm of Downey Brand LLP. Her practice focused on water rights counseling and litigation for public agencies, individuals, business and agricultural interests, as well as environmental compliance counseling and litigation related to the California Environmental Quality Act, the National Environmental Policy Act and federal and state endangered species laws. Jennifer's additional experiences include clerking for Justice Alexander O. Bryner of the Alaska Supreme Court, interning with the California Department of Water Resources, Office of the Chief Counsel, and teaching as a Legal Writing instructor for UC Davis School of Law and UC Davis Extension (Masters in International Commercial Law Program). Communicating with Instructor. If you have questions or want to chat, you can use discussion board postings, e-mail me, or give me a phone call. I generally respond to posting and e-mails within 24 hours. Do feel free to call me between 10 am & 6 pm (best availability generally between 10 and 2 pm). If I am not available please leave a name, callback number and a good time to reach you. Calls after 6 pm will be returned the next day. 4
Syllabus Outline and Calendar DATE/TOPIC ASSIGNMENTS READING Week One (April 2-8): Introduction to Environmental Law & Institutions Week One Policy, Chapter 1 Federal & California Tragedy of the Commons Common Law v. Statutes (Cooperative) Federalism The Fourth Branch Precautionary Principle Ruhl et al, The Practice and Policy of Environmental Law, Chapter One (Foundation Press) (NOTE: you may skim the first 14 pages; read the remaining pages with more focus) www.practiceandpolicyofenvironm entallaw.com/display.asp?displayi D=chapter1.pdf EPA Environmental Justice Citizen s Guide (NOTE: skim through p.37; take note of resources available to you in appendices) www.epa.gov/compliance/ej/resour ces/reports/annual-projectreports/citizen_guide_ej.pdf Week Two (April 9-15): Environmental Impact Assessment: NEPA and CEQA Informational Purpose Baseline Alternatives Mitigation Public Process Week Two Discussion Question Policy, Chapter 2 Environmental Law Stories, Ch. 3, The Story of Calvert Cliffs: A Court Construes the National Environmental Policy Act To Create a Powerful New Cause of Action Frequently Asked Questions About CEQA: http://ceres.ca.gov/ceqa/more/faq.h tml NEPA Basics (EPA): http://www.epa.gov/compliance/ba sics/nepa.html 5
DATE/TOPIC ASSIGNMENTS READING Week Three (April 16-22): Week Three Air Quality & Climate Change Policy, Chapter 5 Clean Air Act Environmental Protection Agency Cooperative Federalism Cost Benefit Analysis Market Tools (Cap & Trade) Climate Change 101: What Is Cap & Trade? http://www.c2es.org/docuploads/c ap&trade.pdf Week Four (April 23-29): Toxics/Hazardous Waste Toxics & Risk Assessment CERCLA Liability RCRA Week Five (April 30-May 6): Water Quality Clean Water Act/NPDES Non-Point Source Pollution Porter Cologne Act Regional Water Quality Control Boards Week Six (May 7-13): Water Resources Riparian Rights Appropriative Rights Groundwater State Water Resources Control Board Week Four Week Five Worksheet One (due May 7) Week Six Optional: International Environmental Law in a Nutshell, Chapter 6 Policy, Chapters 7 & 8 Environmental Law Stories, Chapter 5: The Story of the Benzene Case: Judicially Imposed Regulatory Reform through Risk Assessment Policy, Chapter 10 (NOTE: skip pages 261-265 re: Oil Management we will not cover this topic) EPA Clean Water Act Basics http://www.epa.gov/lawsregs/laws/ cwa.html Policy, Chapter 13 Western States Water Law (summary by BLM) http://www.blm.gov/nstc/waterla ws/appsystems.html 6
DATE/TOPIC ASSIGNMENTS READING CA State Water Resources Control Board, Water Rights Information http://www.waterboards.ca.gov/wa terrights/board_info/water_rights_ process.shtml National Audubon Society et al. v. Superior Court (1983) 33 Cal.3d 419 (PDF link on course site) Week Seven (May 14-20): Fish and Wildlife Federal Endangered Species Act Best Available Science Natural Communities Conservation Planning Week Eight (May 21-27): Wetlands Clean Water Act section 404 ( dredge and fill ) Waters of the U.S. Rapanos Note: May 28-June 3 is a holiday week. Week Nine (June 4-10): International Environmental Law: Sources, History & Implementation Week Ten (June 11-17): International Environmental Law: Population & Biodiversity Week Eleven: Final Exam (opens June 18; due no later than midnight June 25) Week Seven Week Eight Worksheet Two (due June 4th) Week Nine Week Ten Final Exam: Open Book/Note Must be completed independently Policy, Chapter 14 Environmental Law Stories, Chapter 4: The Story of TVA v. Hill: A Narrow Escape for a Broad Law Policy, Chapter 15 Environmental Law Stories, Ch. 9, The Story of SWANCC: Federalism and the Politics of Locally Unwanted Land Uses International Environmental Law in a Nutshell, Chapters 1-3 International Environmental Law in a Nutshell, Chapters 4 & 5 None 7
Course Grading Policies % 15 15 55 15 Grade Worksheet One (Weeks 1-4) Worksheet Two (Weeks 5-8) Online participation in Discussion Board questions Requires at least two posts per week: initial response to question & response to a classmate s post Final Exam: The exam will be open book, and must be completed independently. Students are expected to participate actively in discussions, and post responses of reasonable quality by the due dates each week. Student grades may be lowered if postings are late unless advance arrangements are made with the instructor. See the discussion rubric later in this Syllabus for guidelines on posting quality responses. Please note that ALL COURSE GRADES ARE FINAL. Incompletes: The interim grade Incomplete may be assigned when a student's work is of passing quality, but a small portion of the course requirements is incomplete for good cause (e.g. illness or other serious problem). It is the student s responsibility to discuss with the instructor the possibility of receiving an I grade as opposed to a non-passing grade. The student is entitled to replace this grade by a passing grade and to receive unit credit provided they complete the remaining coursework satisfactorily, under the supervision of and in a time frame determined by the instructor in charge, but in no case later than the end of the next academic quarter. At that time, the Registrar will cause all remaining Incompletes to lapse to the grade "F". Note: Receiving an I does not entitle a student to retake all or any part of the course at a later date. Academic Policies Student Behavior involving cheating, copying other work, and plagiarism will not be tolerated and will result in disciplinary action. Students are responsible for being familiar with the information on Student Conduct in the General Information Section of the UCLA Extension Catalog or on the website at www.uclaextension.edu 8
Discussion Rubric. This rubric will be used to assess the quality of your participation in the online discussion forums. Please use this tool as a guide when constructing your postings. Mechanics of the Posting Participation in the Discussion Content of Posting Critical Thinking Evidenced by Posting Unsatisfactory Basic Proficient Distinguished Uses incomplete Uses complete Uses complete Uses complete sentences, is sentences and the sentences, sentences, organization unstructured in its posting is organization is is clear and thoughtful, organization, and comprehensible. The evident, and the the posting is includes frequent or organization could be posting includes no grammatically correct, consistent errors in improved to present a more than one and free of spelling mechanics (grammar, more coherent mechanical error errors. The tone is clear spelling, usage) in argument, statement, (grammar, spelling, and respectful. each paragraph. The or question. Includes usage) per posting is unreadable 2-3 mechanical errors paragraph. The tone and there is a distinct grammar, spelling, is clear and lack of tone. usage) per paragraph. respectful Provides minimal comments and information to other participants in the forum. Writes a general or superficial posting that is unrelated to the discussion at hand and/or posts no comments. Provides no evidence of agreement or disagreement with an existing discussion. The tone is respectful. Provides comments, and some new information on a sporadic basis. Interacts with only 1-2 participants in the forum. Demonstrates a restricted understanding of the concepts, topics, and ideas as evidenced by posting information that could be derived from prior posts and/or including highly general comments. Indicates agreement or disagreement with an existing discussion but provides no justification or explanation for comments. Provides comments, discussion, questions, and new information on a fairly regular basis. Interacts with a few participants in the forum. Demonstrates an adequate understanding of the concepts, topics, and ideas as evidenced by posting superficial or general statements in the forum. Includes a few details in the posting. Indicates agreement or disagreement with an existing discussion including a limited explanation or justification. Provides comments, discussion, and questions without a clear connection to the course material at hand. Provides comments, discussion, questions, and new information on a regular, active, and weekly basis. Shows a high degree of interaction with other participants in the forum. Demonstrates a solid understanding of the concepts, topics, and ideas as evidenced by thoughtful responses and questions that show a clear connection (are integrated) with the course material at hand. The posting shows depth, and includes many supporting details. Demonstrates a critical analysis of an existing posted idea or introduces a different interpretation to an existing concept or idea. Includes comments, discussion, and questions that have a clear connection (are integrated) with the course material at hand. 9
Course Materials Required Texts (3) Comparison shop prices fluctuate and often differ between sellers. 1. Guruswami, L. International Environmental Law in a Nutshell. Thomson/West, 2007. Available through UCLA Extension, West Thomson at http://store.westlaw.com/guruswamys-international-environmental-law-in-a- nutshell- 4th/175575/13334228/productdetail?PromType=external&PromCode=622529I7 1426&MaterialNumber=13334228&AuRec=2000017250Auth or, typically, on Amazon.com. Students may choose to purchase in hard copy or as an e-book. E-book available for download at West Thomson and also on Amazon.com (latter may require download of one of several free Kindle reading apps.) 2. Herson, A. and Lucks, G. Policy: A Practical Guide. Solano Press Books. 2008. Available through UCLA Extension or Solano Press books, www.solano.com 3. Lazarus, R.J. & Oliver A. Houck, Environmental Law Stories. Foundation Press (Thomson/West) 2005. Available through UCLA Extension, West Thomson at http://store.westlaw.com/lazarus-environmental-law-storiesseries/131211/40238083/productdetail?setsystemavailablestatus=true or, typically, on Amazon.com. Students may choose to purchase in hard copy or as an e-book. E-book available for download at West Thomson and also on Amazon.com (latter may require download of one of several free Kindle reading apps.) NOTE: Other Required Readings Posted As Links in Online Course Syllabus Optional Resources: Nash, J. Environmental Law and Policy: The Essentials (Aspen Publishers 2010) I highly recommend this text as an optional supplement to the course materials easy-toread and concise, $20.00 at http://www.aspenpublishers.com/product.asp?catalog_name=aspen&category_name=& product_id=0735579660s 10