COURSES OF INSTRUCTION
6449 Environmental and Toxic Torts (2)
103
Hicks, McNamara
The use of common law and statutory remedies to compensate those experiencing personal injuries or economic harm caused by exposure to toxic products or toxins in the environment. Topics covered include novel and emerging theories of recovery (e.g., medical monitoring), class actions/mass torts, preemption, and methods of proving scientific causation. (Research paper or take-home examination)
6450 Federal Facilities Environmental Law Issues (2)
Borro
Analysis of the legal framework governing environmental law compliance at federal facilities. Review of a wide range of environmental, fiscal, and other laws that uniquely regulate federal installations and operations. Topics include the National Environmental Policy Act, statutes governing management and conservation of federal property, expenditure of federal funds, public involvement in federal environmental decision making, federal–state sovereignty issues, federal agency litigation, and professional responsibility issues. Prerequisite or concurrent enrollment: Law 6432, 6434, and 6442. (Problem assignments)
6452 Environmental Issues in Business Transactions (2 or 3)
Mounteer
Focus on applied environmental law. Emphasis on environmental compliance counseling, identifying environmental issues in business and real estate transactions, and drafting techniques to avoid environmental problems. Topics include environmental audits, securities disclosure issues, green advertising, criminal liability for officers, environmental liability for purchase of stock and corporate assets, lender liability, and partnership liability. Prerequisite: any environmental law course. (Take-home examination)
6454 International Environmental Law (2 or 3)
Pendergrass
The treaty negotiation process, role of international institutions in developing and implementing environmental agreements, relationship between environmental law and international issues, developing countries’ perspectives on environmental issues, and social and cultural changes that affect the implementation of environmental law. Issues covered include climate change, export of hazardous waste, deforestation and biodiversity, Antarctica, and environmental concerns in war, human rights, and development financing. (Examination)
6455 International Climate Change Law (2 or 3)
Freestone
Analysis of the legal regimes created by the United Nations Framework Convention on Climate Change (UNFCCC) and by the Kyoto Protocol. Carbon finance and trading mechanisms created by Kyoto and national and regional schemes to assist parties to the treaty in meeting their obligations. Forest carbon sequestration schemes, structure and legal aspects of carbon finance transactions, and the drafting of carbon agreements. Proposals for federal legislation and emerging state and voluntary carbon credit schemes in the United States. Potential conflicts with WTO law and proposals for a successor regime to Kyoto post–2012. (Take-home examination)
6457 Sustainable Regional Growth Seminar
Benfield, Schilling
Focus on the emerging field of smart growth—regional development that takes into account economic, environmental, and social considerations. Factors influencing sprawl; urban trends in the U.S. and abroad; and new legal and interdisciplinary approaches to promote comprehensive planning, urban redevelopment, and regional competitiveness. (Research paper)
6458 Environmental Negotiations (2)
Juni
Negotiation and alternative dispute resolution theories and processes, focusing on complex environmental disputes and transactions involving multiple parties and scientific or technical issues. Students participate in negotiation and mediation exercises both in and outside of class, using diagnostic and other tools useful for pre-negotiation preparation, mid-negotiation analysis, and post-negotiation evaluation of proposed agree-