Environmental Law

Broadly speaking, the courses in the Environmental area group allow students to explore the legal frameworks governing the protection of the environment and the extraction of environmental resources.

Environmental Law is the core course offered in the area group. It introduces the key issues that need to be confronted in establishing virtually any regime for protecting an environmental resource. These issues include: What are the reasons for protecting environmental resources, as suggested by existing legal frameworks and theoretical perspective on environmental protection? How should policymakers determine the desirable level of environmental protection? What level (or levels) of government should regulate the environment? What are the tools that can be used to protect the environment, and what are the advantages and disadvantages of these tools, which include regulation, taxes, cap and trade programs, and information disclosure? After laying out the foundational issues, the course shifts to carefully examining landmark US federal environmental laws focusing on controlling pollution, specifically the Clean Air and Water Acts, the Comprehensive Environmental Response, Compensation, and Liability Act, and other federal statutes as feasible.

Other classes allow students to investigate the legal frameworks governing resource extraction (e.g. Natural Resources Law), and the regulation of electricity and natural gas (Energy Law Regulation and Policy).

Environmental law comes from many sources and the area group offers classes allowing students to explore environmental law at the international, federal, state and local levels (e.g. International Environmental Law; Global Environmental Law, Science and Governance; Environmental Law; Urban Environmental Law).

Students also have the opportunity to pursue specialized classes in topics such as Animal law, Climate Change law, Environmental Justice, Food law, and Trade and Investment law relevant to changing energy markets.

Along with doctrinal classes, the area group offers a number of clinics and labs that enable students to gain experience working on concrete legal and policy issues. These clinics and labs include the Environmental Law clinic, run by the Natural Resources Defense Council; the Regulatory Policy Clinic; The Earth Rights Research and Action (TERRA) Clinic; the UN Diplomacy Clinic; and the Environmental Justice Lab.

From completing a course of study in the area, students will gain the experience and competence to:

1. Demonstrate Substantive Knowledge of Environmental and Energy Law: Explain and apply foundational US environmental and energy law statutes, such as the Clean Air, Clean Water, Endangered Species and Federal Power Acts, and key international environmental treaties, such as the treaties concerning climate change.
2. Interpret Statutes and Regulations and Judicial Decisions Interpreting These Sources: Read and interpret complex statutes and regulations from US environmental and energy law, and judicial decisions interpreting these statues and regulations.
3. Communicate Legal and Policy Analysis in a Regulatory Context: Communicate legal and policy analysis effectively in writing, including drafting objective analyses or advocacy-oriented arguments related to environmental law.
4. Apply Policy and Planning Perspectives: Identity key environmental policy issues, and different policy options for addressing these issues, drawing on existing legal frameworks and other sources.
5. Exercise Professional Judgment in the Practice of Environmental Law: Recognize professional responsibilities in practicing environmental law in the US and at the international level, including navigating community and stakeholder interests.

Other Individual Course Learning Outcomes

Environmental and Energy Law Colloquium (LAW-LW.12882)

Students should come way familiar with current academic scholarship on environmental and energy law, and different methodological approaches in legal scholarship. Students should demonstrate competence in analyzing and critiquing scholarship, and communicating verbally and in writing their analysis.

Natural Resources Law and Policy (LAW-LW.10028)

Students should come away from the seminar familiar with key legal and policy issues pertaining to the management of natural resources. Students should also have opportunities to improve their analytical skills and to advance legal and policy positions through written and oral argument.