MVV159K A Review of Environmental Law and Natural Resources Law in the United States

Faculty of Law
Spring 2015
Extent and Intensity
0/1. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
David L Ganje (seminar tutor), doc. JUDr. Ilona Jančářová, Ph.D. (deputy)
Ing. Mgr. et Mgr. Hana Šmerda Musilová (assistant)
Guaranteed by
doc. JUDr. Ilona Jančářová, Ph.D.
Department of Environmental Law and Land Law – Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Department of Environmental Law and Land Law – Faculty of Law
Timetable of Seminar Groups
MVV159K/01: Mon 4. 5. 11:10–12:40 038, 13:30–15:00 038, Wed 6. 5. 13:30–15:00 038, Mon 11. 5. 16:40–18:10 038, Tue 12. 5. 18:15–19:45 038, Wed 13. 5. 18:15–19:45 038
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 0/30, only registered: 0/30
fields of study / plans the course is directly associated with
Course objectives
At the end of the course students should be able to:
• understand and explain the general principals of US environmental law and natural resources law;
• work with information on concepts used in the US on environmental law and natural resources law; • create a better appreciation for the benefits and problems that the US has experienced in its environmental law and natural resources law;
• make reasoned decisions about what can be learned from the US experience in adopting and using environmental regulations and natural resources laws and rules;
• make deductions based on acquired knowledge make reasons decisions about comparing US environmental and natural resources law and comparing with current laws of the student’s areas of practice;
• interpret the legislative intent and political motivation behind the creation of environmental law and natural resources law in the US.
Syllabus
  • I. US Governmental Structure, The Concept of Federalism
  • 1. The branches of government, separation of powers, checks and balances
  • A. Executive
  • i. Enforcing the laws of congress
  • ii. Executive orders iii. Agencies
  • B. Legislative
  • i. Body who creates laws
  • ii. Oversight of executive branch
  • C. Judicial
  • i. Reviews the laws
  • ii. Importance of injunctions
  • 2. Federalism generally
  • A. Relationship between the federal government and the states
  • i. Scope of federal power
  • ii. Federal preemption
  • iii. Equal footing doctrine
  • B. State Court systém
  • C. State agencies
  • II. Judicial Review of Government Decisions
  • 1. The role of the courts in environmental law
  • i. Test for standing
  • ii. Reviewability
  • iii. Standard of review
  • a. Chevron deference
  • iv. Remedies
  • III. Pollution Control
  • 1. Common Law Remedies
  • A. Nuisance
  • B. Trespass
  • 2. Regulation under the Clean Air Act (CAA)
  • A. Overview
  • B. Economic and technological considerations
  • 3. Regulation under the Clean Water Act (CWA)
  • A. Overview
  • B. Economic and technological considerations
  • 4. Economic Incentives for Environmental Protection
  • A. Effluent charges and penalties
  • B. Cap and trade programs
  • C. Marketable discharge permits
  • IV. Toxic Chemicals and Hazardous Waste
  • 1. Toxic Substances Control Act
  • A. Overview
  • 2. The Resource Conservation and Recovery Act (RCRA)
  • A. overview
  • B. What is waste
  • i. “solid” and “hazardous” waste identified and defined
  • C. Civil liability and responsibility
  • 3. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
  • A. Overview
  • B. Identifying contamination and implementing cleanups
  • C. Liability of parties
  • D. Cost sharing and the right of contribution
  • E. Damages and settlements
  • 4. Criminal Liability
  • A. Knowing violations
  • B. Negligence and negligent violations
  • C. Responsibility of corporate officers and organizational structure
  • V. Natural Resources and Protection of Natural Areas
  • 1. Preservation versus conservation
  • A. Silent Spring, Tragedy of the Commons
  • 2. Restrictions of development on private land
  • A. Takings
  • B. The Public Trust Doctrine
  • 3. Protecting Coastal Waters
  • 4. Protection of Public Lands
  • A. Public Lands
  • B. Withdrawal
  • C. Federal oversight
  • 5. Wildlife
  • A. Endangered Species Act (ESA)
  • 6. National Forests
  • 7. National Monuments
Literature
  • Study materials/cases for discussion will be distributed prior to the start of the seminars.
Teaching methods
lectures, discussions
Assessment methods
paper
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
The course is also listed under the following terms Autumn 2014, Autumn 2018.
  • Enrolment Statistics (Spring 2015, recent)
  • Permalink: https://is.muni.cz/course/law/spring2015/MVV159K