Law 271: Environmental Law and Policy

Law 271: Environmental Law and Policy (Fall 2009, UC Berkeley). Instructor: Professor Robert D. Infelise. This introductory course is designed to explore fundamental legal and policy issues in environmental law. Through examination of environmental common law and key federal environmental statutes, including the National Environmental Policy Act, Clean Air Act, and Clean Water Act, it exposes students to the major challenges to environmental law and the principal approaches to meeting those challenges, including litigation, command and control regulation, technology forcing, market incentives, and information disclosure requirements. With the addition of cross-cutting topics such as risk assessment and environmental federalism, it also gives students a grounding in how choices about regulatory standards and levels of regulatory authority are made.

What is Environmental Law?

Lecture 01 - Environmental Policy Perspectives: What Is Environmental Law?
Lecture 02 - Environmental Policy Perspectives: The Role of Values
Lecture 03 - Environmental Common Law 1: Common Law Environmental Doctrines
Lecture 04 - Environmental Common Law 2: Common Law Versus Public Law
Lecture 05 - The Administrative Law of the Environment 1: The Administrative Decisionmaking Process
Lecture 06
Lecture 07 - The Administrative Law of the Environment 3: Judicial Review of Agency Action Jurisdiction
Lecture 08 - Natural Resources 1: Introduction to NEPA and the Power of Information
Lecture 09 - Natural Resources 2: The Duty to Prepare an EIS
Lecture 10 - Natural Resources 3: Contents of the EIS; Evaluating NEPA; Beyond NEPA
Lecture 11 - Toxics and Waste 1: Risk Assessment and Management
Lecture 12 - Toxics and Waste 2: Introduction to Regulating Toxic Risks
Lecture 13 - Air Pollution Control 1: Introduction and Overview; National Ambient Air Quality Standards
Lecture 14 - Air Pollution Control 2: National Ambient Air Quality Standards; Implementing the NAAQS
Lecture 15 - Air Pollution Control 3: National Ambient Air Quality Standards; The Problem of Non-Attainment
Lecture 16 - Air Pollution Control 4: New Source Review and the Problem of Grandfathering
Lecture 17 - Air Pollution Control 5: Tradeable Emission Permits: Using the Power of Markets
Lecture 18 - Air Pollution Control 6: Automobile Emissions and Technology Forcing
Lecture 19 - Water Pollution Control 1: Introduction and Overview; Control of Point-Source Pollution
Lecture 20 - Water Pollution Control 2: The NPDES Program; Covered Waters; Covered Activities
Lecture 21
Lecture 22 - Water Pollution Control 4: Nonpoint Source Pollution; Water Quality Standards
Lecture 23 - Pollution Control: Environmental Enforcement 1: Introduction; Civil Enforcement
Lecture 24 - Pollution Control: Environmental Enforcement 2: Criminal Enforcement
Lecture 25 - Pollution Control: Environmental Enforcement 3: Citizen Suits
Lecture 26 - Environmental Federalism 1: Historical and Theoretical Background; Cooperative Federalism
Lecture 27 - Environmental Federalism 2: Sources and Limits on Federal Power
Lecture 28 - Environmental Federalism 3: Limits on State Power Preemption