Law 271: Environmental Law and Policy

Law 271: Environmental Law and Policy (Spring 2008, UC Berkeley). Instructor: Professor Holly Doremus. 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 - What is Environmental Law?
Lecture 02 - The Role of Values
Lecture 03 - Common Law Environmental Doctrines
Lecture 04 - Common Law Versus Public Law
Lecture 05 - Introduction to Standing
Lecture 06 - Standing (continued)
Lecture 07 - Judicial Review
Lecture 08 - Introduction: NEPA and the Power of Information
Lecture 09 - The Duty to Prepare an EIS
Lecture 10 - Contents of the EIS - Evaluating NEPA: Other Information Based Strategies
Lecture 11 - NEPA (continued)
Lecture 12 - Risk Assessment and Management
Lecture 13 - From Risk Assessment to Regulation
Lecture 14 - Air Quality Criteria and Standards
Lecture 15 - State Implementation Plans
Lecture 16 - Make-up session: Grandfathering and New Source Review
Lecture 17 - Automobile Emissions and Technology Forcing
Lecture 18 - Tradeable Emission Permits
Lecture 19 - Introduction and Overview: The NPDES Program
Lecture 20 - The Scope of NPDES Regulation (continued)
Lecture 21 - Effluent Standards for Point Sources
Lecture 22 - Nonpoint Source Pollution - Water Quality Standards
Lecture 23 - Introduction: Civil Enforcement
Lecture 24 - Criminal Enforcement
Lecture 25 - Citizen Suits
Lecture 26 - Historical and Theoretical Background: Cooperative Federalism
Lecture 27 - Sources and Limits of Federal Power
Lecture 28 - Preemption