Department of General Business

BLW 478 - ENVIRONMENTAL REGULATORY LAW

College of Business, Stephen F. Austin State University

Note: This "standard" course syllabus is only a guide. Actual requirements for a particular course and section of this course are described in the course section syllabus, which should be obtained from the course instructor at the beginning of the respective semester. Requirements listed herein are subject to change without notice.

Course: BLW 478 – Environmental Regulatory Law

Catalog Description: A study of environmental regulation, including that directed at business activities and that intended to define the use and protection of natural resources. Both statutes and case law will be examined to provide an overview of the history and current requirements of selected environmental regulation.

Prerequisite: Junior standing or permission of instruction.

Course Objectives: Upon completion of this course, the student should be able to:

1. Recognize the legal terminology introduced in the course and apply or relate the terms to legal situations.
2. Integrate knowledge of the legal principles which are covered to solve problems which involve environmental regulation.
3. Describe the history of and reasons for environmental regulation.
4. Analyze information to recognize legal issues and legal problems in fact situations and to determine what legal principle(s) should be applied.
5. Demonstrate knowledge of the provisions and application of the principal statutes and administrative rules which are used for environmental regulation.
6. Apply problem-solving skills to legal issues, using logic and critical thinking.
7. Describe the impact of constant change and lack of certainty which are inherent aspects of the U.S. legal system.
8. Develop an awareness of the need

Topics/ Components:

1. Environmental ethics, law and policy
   1. History of environmental law
   2. Environmental values and goals
   3. Types of environmental regulation
   4. Risk assessment
   5. State v. Federal regulation
   6. Legal standing of environmental interest groups
2. American legal system
   1. Nature of civil law in lawsuits
   2. Sources of law
   3. Court structure
   4. Steps in a civil lawsuit
3. Introduction to the law of property
   1. Nature of property
   2. Categories of property
   3. Acquisition of property
   4. Scope of interests in real property
   5. Kinds of ownership
4. Common law remedies for environmental harm
   1. Intentional torts
   2. Negligence
   3. Multiple-party toxic torts cases
   4. Defenses
   5. Strict liability
5. Environmental liability
   1. General contract principles
   2. Contract warranties and disclaimers
   3. Product liability law
   4. Liability of insurers for environmental damages
6. Land use regulation and regulatory takings
   1. Zoning
   2. State controls
   3. Wetlands regulation
   4. Constitutional issues
   5. Regulatory takings
7. Federalism and the environment
   1. The commerce clause
   2. Federal preemption of state laws affecting the environment
   3. Federal public land law
   4. Endangered species and wildlife protection
8. Principles of administrative law
   1. Scope of agency authority
   2. The Administrative Procedure Act
   3. Other statutes affecting rule making
   4. Judicial review of agency action
9. Environmental laws regulating government actions
   1. The National Environmental Policy Act
   2. The Endangered Species Act
10. The Clean Air Act
    1. Sources of air pollution
    2. Statutory standards and provisions
    3. Policy implications
11. The Clean Water Act
    1. History of federal water pollution control
    2. Overview of the act
    3. Provisions for pollution control
    4. Wetlands protection
    5. Oil spills and hazardous substances
    6. Oceans
    7. Drinking water
    8. Water law in Texas
12. Regulation of toxic substances in pesticides
    1. The Federal Insecticide, Fungicide, and Rodenticide Act
    2. The Toxic Substances Control Act
    3. The federal laws regulating chemicals
    4. Risk assessment in controlling toxic substances
13. Regulation of solid and hazardous waste
    1. The Resource Conservation and Recovery Act
    2. The Comprehensive Environmental Response, Compensation, and Liability Act
14. Enforcement of Environmental Laws
    1. Civil v. criminal liability
    2. Establishing criminal intent
    3. Corporate liability
15. International environmental law
    1. International environmental concerns
    2. Sources of international environmental law
    3. Trade and the environment
    4. Extraterritorial application of US laws
    5. ISO 14000

Other legal topics related to the environment may be covered at the discretion of a faculty member.

Textbook: Powell, Frona M., Law and the Environment, West, 1998.

Evaluation: There will be a minimum of three exams, which may include objective and/or essay questions. The course will require at least one major graded writing assignment and at least one other writing assignment. A notebook of case summaries, article briefs, and other written materials may be required at the discretion of the instructor. The course will use a combination of lecture, discussion, small-group problem-solving and research activities, and writing assignments. Demonstrating evidence of having read the assigned materials and developing the ability to write with understanding about those readings will be a part of the class evaluation.

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