COURSE DESCRIPTION & OBJECTIVES

This is a survey course that will give you a broad, practical understanding of some important federal environmental statutes and case law. The course is designed to introduce you to the fascinating variety of important environmental challenges

LOYOLA UNIVERSITY NEW ORLEANS

COLLEGE OF LAW, FALL 2020 PROFESSOR KAREN SOKOL

ENVIRONMENTAL LAW

TUESDAY & THURSDAY 2:00-3:15 P.M.

ROOM TBA

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addressed by environmental laws, the difficult policy issues surrounding environmental problems, and the legal complexities of environmental regulatory and administrative schemes. The emphasis will be on pollution, anthropogenic disruption of the climate system, and toxic and hazardous substances, but students will also learn about the protection of wildlife and biodiversity.

Environmental laws can be extremely complex. No one person can master them all, and a single semester course cannot provide detailed review of all (or even very many of) the federal environmental statutes. This course, however, gives you the foundation by covering the “fundamentals” of environmental law. You will also develop some critical analytical and research skills (such as analyzing problems and reading statutes) that are transferable to all areas of environmental law.

Successful completion of the course will assist you in achieving the

following “Learning Outcomes” adopted by the College of Law: § Knowledge of substantive law and processes. Students will demonstrate

knowledge of substantive and procedural rules of law, the processes through which law is created, applied, and changed, the policies underlying laws, and the methods used to resolve legal disputes. (1(a))

§ Analysis and reasoning. Students will be able to identify legal issues, apply the rules of law and policy to facts, construct arguments and analyze counter arguments, adapt arguments as facts change and are discovered, exercise practical judgment, and use facts, law, and policy to persuade. (2(A)-(F))

§ Commitment to public service. Students will be able to recognize issues facing vulnerable populations in society and the tools available to lawyers to affect change. (6(B))

COURSE MATERIALS

Required (1) TEXT TBA (2) Other readings available on our class Blackboard site at

http://blackboard.loyno.edu (under the “Reading Assignments” tab).

Resources Here are some helpful resources. These and others will be posted on Blackboard under the “Resources” tab on the left.

(1) Regulatory Information by Topic. Occasionally, you may want to refer to

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the fuller version of statutes presented in the reading. You can find the full text of major federal environmental statutes and other resources (regulations, compliance and enforcement information, and policies and guidance) at this EPA site: https://www.epa.gov/regulatory-information-topic.1

(2) Summaries of Laws and Executive Orders (EOs). Environmental law is shaped like a big pretzel, and that will be frustrating sometimes. I’ll try to lay the framework out in plain language, and you should of course ask questions whenever you need clarification. But if you want extra help, I suggest this EPA site: https://www.epa.gov/laws-regulations/laws-and-executive-orders.

(3) Loyola Environmental Law Society FB Page. If you are on Facebook, I recommend joining the Environmental Law Society’s Facebook Page. There is no obligation to participate, but it is a good source of local information on events.

GRADING & ATTENDANCE Your final grade will be based on class participation (15%) and a 24-hour take-home final exam (85%). Class participation includes attendance, preparation, contributions to class discussion, and participation in class exercises.

Pursuant to the College of Law’s academic regulation on attendance, you will not be given credit for any work if you miss more than 20% of all scheduled classes. It is your responsibility to track your own attendance and to know how many absences you have accumulated at any point during the semester. You are responsible for all material, announcements, and assignments given during classes that you missed.

COURSE GUIDELINES Assignments & Other Course Communications. Reading assignments will be posted on Blackboard approximately one week in advance (under the “Reading Assignments” tab). I will also post all course materials and resources on Blackboard. So, please be sure that you are registered on the Blackboard account

1 The Trump administration has continually made significant changes to the EPA’s website since taking office. Much of the information and resources that used to be there no longer are. If that happens with the links I’ve provided, please let me know so I can try to find alternative sources for you.

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for this course. Importantly, if a weather event or other emergency requires closure of the school, I will post information about continuance of the course online if necessary. I will use your official Loyola law school e-mail for all course news and communications. It is your responsibility to check that account regularly. Electronics. Laptops are great when they help you take notes quickly and later organize your thoughts. But they can lead to rote learning and, worse, to class-wide distractions. Thus, some advice and a rule: Advice: When taking notes, try not to transcribe what I say in class. That takes too much time and distracts you from what you should be doing in class, which is following the discussion in your mind and thinking ahead to difficulties or other issues that may result from the ideas expressed. It is better to take brief notes in class, then to expand and organize them within the next twenty-four hours. I guarantee that this is a more effective use of your time. Rule: You may not access any electronic network through your laptop, cell, or any other device while class is in session, unless I make an exception. Doing so will be considered a failure to prepare for class, which could ultimately lead to a reduction in the participation portion of your grade.

Staying in touch with me. My office is room 449, and my office hours are Tuesdays from 3:30 to 5:30 p.m. and Wednesdays from 2:00 to 4:00 p.m. If you can’t make it then, email (kcsokol@loyno.edu) e-mail or call (504-861-5593), and we’ll set a different time. I am also available any time you walk by my office and see my door open. I am happy to respond to quick questions by e-mail (kcsokol@loyno.edu) and will do my best to be prompt. STUDENT RESOURCES Law school presents unique challenges that sometimes require special assistance. To support students who may need assistance, the College of Law has resources dedicated to promoting academic success. Please contact Marie Tufts, Director of Academic Success, for further information (LS 402E; mdtufts@loyno.edu; 504-861-5689). Loyola is committed to offering classes that are inclusive in their design. To find out more about the accommodations process or if you need to discuss the accommodations for which you may be eligible, please contact the Office for Accessible Education (OAE) as follows: students with A-L last names contact

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Samantha Pollard, smpollar@loyno.edu, 504-865-2070, and students with M-Z last names contact Dario Bayardo, dbayardo@loyno.edu, 504-865-2108. Andrea Rodriguez directs the office, alrodrig@loyno.edu, 504-865-3265. The OAE is in the Monroe Library on main campus, second floor, Pan American Life Student Success Center, suite 229. Front office: 504-865-2990, email: oae@loyno.edu; website: http://success.loyno.edu/accessible-education. Any student who faces challenges securing their food or housing and believes this may affect their performance in the course is urged to contact Associate Dean of Students Davida Finger, dfinger@loyno.edu, 504-861-5596, for support. Furthermore, please notify me if you are comfortable in doing so. This will enable me to provide any resources that I can.