V.

1 (August 19, 2014)

University of San Francisco
ENVA 363: Environmental Law
Syllabus, Fall Semester 2014
Professor:

Samuel L. Brown, Senior Attorney

Hunton & Williams LLP
E-mail: slbrown4@usfca.edu
Phone: (202) 997-8947

Course Time:

Tuesday & Thursday, 6:30pm to 8:15pm

Course Location:

Cowell 312

Office Hours:

Tuesday & Thursday, 8:15pm to 9:00pm; or By Appointment

Course Description:
Environmental Law examines the legal, regulatory and policy structures for the protection of the
environment. Topics include an introduction to basic legal principles; federalism and the U.S.
legal system; the history of environmental harms and the modern environmental movement; the
creation of modern environmental laws, both from a practical and political perspective; the role
of science and economics in implementing environmental laws; an overview of administrative
agencies, administrative law, and how those agencies implement and enforce environmental
laws; the role of the judicial system and how it impacts environmental laws; the role of the
public and its direct involvement in enforcing environmental laws; understanding the substantive
requirements of select federal and California environmental laws; international environmental
law; and an examination of select hot issues such as hydraulic fracturing, electronic-waste and
international trade, climate change, and environmental issues in China.
The federal environmental laws that are substantively covered in the course include: Clean Water
Act (CWA); Safe Drinking Water Act (SDWA); Clean Air Act (CAA); Resource Conservation
and Recovery Act (RCRA); Superfund (CERCLA); Toxic Substances Control Act (TSCA);
National Environmental Policy Act (NEPA); and Endangered Species Act (ESA). The primary
focus will be on federal environmental laws; however, the course will also touch on the
regulation of local land use and relevant California environmental laws, e.g., AB 32 (climate
change); and SB4 (hydraulic fracturing).
Course Objectives:
By the end of the course it is the expectation that the students will be able to:

Understand how modern environmental laws are created and the rationale behind their
enactment and implementation;
Understand how administrative agencies implement and enforce environmental laws and
the basics of administrative law;

V.1 (August 19, 2014)

Possess a basic understanding of the substantive requirements of the major federal and
California environmental laws;
Know how to read a legal decision; identify legal, policy and factual issues and be able to
differentiate between them; and have an understanding of basic legal concepts;
Utilize critical thinking skills to be able to analyze a set of facts and apply the substantive
requirements in existing environmental laws to current domestic and global
environmental issues; and
Understand the role of negotiations in resolving environmental disputes and develop
basic negotiating skills.

Course Materials:

(Percival) Environmental Regulation: Law, Science, and Policy. Percival, Robert V. 7th
Edition. Wolters Kluwer Law & Business (2013). This book should be available for
purchase in the USF bookstore or you can obtain it through your preferred online source.

(Ortolano) Teaching Negotiation in the Context of Environmental Regulatory

Enforcement: An Experiential Learning Approach. Leonard Ortolano, Marisa S. Choy,
Stephen A. Johnson (2012). This reading and all materials associated with the negotiation
component of the course will be posted to Canvas and/or via e-mail to the students
@usfca.edu accounts.

(Supplemental Reading) Topic specific supplemental reading will be posted to Canvas

and/or via e-mail to the students @usfca.edu accounts.

Grades:
Assignment

Points

Exam 1
Exam 2
Memorandum 1
Memorandum 2
Negotiation
Final Exam
Total End of Semester Points

40
40
10
10
20
40
160

1. Exams: Exams 1 & 2 and the Final Exam will be in-class multiple-choice and/or short
answer exams. All Exams will be cumulative and will be based on: (i) the course reading,
(ii) the in-class lectures, and (iii) the power point presentations utilized in conjunction
with the in-class lectures.
2. Memoranda: Students will be presented with a hypothetical 1-page fact pattern and
assignment from a hypothetical client seeking legal advice from the students acting as the
clients attorney. Each student will draft a 1-2 page response memorandum to the client:
(i) identifying the issue(s) presented in the fact pattern; (ii) identifying the law(s) and
2

V.1 (August 19, 2014)

rule(s) that are relevant; (iii) applying the law(s) and rule(s) to the facts and issue(s)
presented; and (iv) provide a recommendation to the client. Each memorandum will be
due at the beginning of the class that falls one (1) week after it is assigned.
3. Negotiation: Students will be divided into two teams, one representing the government
and the other representing industry, and presented with a hypothetical fact pattern
associated with a Clean Water Act civil enforcement action. The teams will meet
internally to develop a negotiating strategy based on the facts presented and the U.S.
EPAs Clean Water Act Settlement Penalty Policy. The teams will spend one class in a
negotiation in attempt to reach a settlement for a civil penalty.
Attendance is critical for this course as the material is cumulative and the beginning of the course
builds the foundation for understanding and applying legal principles to specific environmental
issues later in the course. Attendance will be taken. Students can have one (1) unexcused absence
from class without penalty. All subsequent unexcused absences will result in a deduction of one
(1) point from the students total end of semester point range.
The intent is for the course to be interactive with student participation. In order to be actively
engaged in the discussion and be prepared to ask relevant questions it is expected that the Course
Reading for a specific class will be completed prior to that class. In-class participation will be
factored into the students total end of semester point range. If a student is unprepared for class a
deduction of one (1) point per class may be applied. Additionally, students who are prepared and
actively engaged in class discussions may be rewarded at the Professors discretion with extra
points towards their total end of semester point range.
Point Range

Grade

Approximate
Percentage of
Total Point Range

A
AB+
B
BC+
C
CD+
D
DF

100-93%
92-90%
89-83%
82-80%
79-77%
76-74%
73-70%
69-68%
67-66%
65-60%
59-51%
50% or below

160-149
148-144
143-133
132-128
127-124
123-119
118-112
111-109
108-106
105-96
95-81
80 or below

V.1 (August 19, 2014)

Course Calendar & Reading:
Day
Week 1

Date

Topic(s)

Reading / Activity

8/19

1. Course Overview
a. Topics of Interests Survey
b. Negotiation Preferences Survey

8/21

Introduction to the United States Legal System

Supplemental Reading

8/26

Common Law Approaches to Addressing Environmental Harms

Percival at 61-89

8/28

History of the Modern Environmental Movement

1. Percival at 1-15, 89-92

2. A Fierce Green Fire
(Mark Kitchell)
select clips from
documentary film to
be viewed in class

9/2

Modern Environmental Law in the United States

Percival at 93-111, 122136

9/4

Administrative Agencies and Administrative Law: the Fourth

Branch of Government

Percival at 168-190

9/9

Environmental Regulation: Theories, Economics and Science

9/11

Clean Water Act

No Reading

Week 2
T

Week 3

Week 4
Percival at 148-168, 2638, 49-53
Percival at 657-672, 725730, 735-747, 754-756,
767-776

Week 5
Percival at 694, 702-705,
710-725
Memorandum 1
Percival at 672-693, 779790, 793-797

9/16

Clean Water Act

9/18

Clean Water Act

9/23

Safe Drinking Water Act & Water Rights

9/25

Hydraulic Fracturing

Week 7
T

9/30

Exam 1

Week 6

Percival at 279-295
Supplemental Reading
Percival at 58-60
Supplemental Reading

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R
Week 8

10/2

Toxics and Waste RCRA & CERCLA

10/7

Toxics and Waste TSCA, REACH, Green Chemistry and CECs

10/9

Public Lands, NEPA and the Endangered Species Act

Week 9
T
10/14
R

10/16

Week 10
T
10/21
R
10/23
Week 11
T

10/28

R
10/30
Week 12

Land Use Local Regulation of the Environment

Supplemental Reading

Case Study: Detroit, MI

Supplemental Reading

Exam 2
Enforcement of Environmental Laws

11/6

Enforcement of Environmental Laws

11/15

Percival at 815-820, 826873, 875-881

Supplemental Reading

Subject TBD Guest Lecturer

Sustainable Development & Green Infrastructure

11/4

Percival at 257-277
Supplemental Reading
Percival at 984-991, 805814, 895-904

Fall Break - No Class

Week 13
T
11/13

Percival at 360-487

Percival at 1071-1076,
1083-1096, 1104-1106
Percival at 1122-1160,
1172-1174

Negotiation
Percival at 1187-1207,
1291-1299
Memorandum 2

International Environmental Law

Week 14

11/18

R
11/20
Week 15

Toxics and Waste Electronic Waste & International Trade

Climate Change

11/25

Climate Change

11/27

Thanksgiving No Class

1. Percival at 1245-1248,
1267-1281
2. Supplemental Reading
3. Digital Dumping
Ground (Frontline
PBS) - select clips
from documentary
film to be viewed in
class
Supplemental Reading
Percival at 1207-1220,
533-555
Supplemental Reading

V.1 (August 19, 2014)

Week 16
T
TBD

12/2

Percival at 1220-1245
Supplemental Reading

Climate Change

12/TBD Final Exam