ENVIRONMENTAL LAW

PENN LAW FACULTY

Penn Law Adjuncts & Lecturers

TOLL PUBLIC INTEREST CENTER PARTNERS AT PENN

Penn Environmental Group
    • dolphin.upenn.edu/~pennenv/

Department of Earth and Environmental Studies
    • www.sas.upenn.edu/earth/

Institute for Environmental Studies
    • www.sas.upenn.edu/earth/ies/

Wharton Environmental Management Program
    • environment.wharton.upenn.edu/

POSSIBLE PRO BONO PLACEMENTS FOR STUDENTS INTERESTED IN ENVIRONMENTAL LAW INCLUDE:

City of Philadelphia Law Department
Clean Air Council
Environmental Protection Agency
Manko, Gold, Katcher & Fox, LLP (assisting with pro bono work)
National Center for Environmental Health Strategies
New York Lawyers for the Public Interest, Inc.
Penn Future
Penn Law Environmental Law Project
Pennsylvania Public Interest Research Group (PennPRIG)
Pew Center on Global Climate Change
Public Interest Law Center of Philadelphia (PILCOP) – Environmental

Penn Law Courses

3 sem. hrs.
We live in an administrative state, populated by thousands of governmental bodies that collectively exercise pervasive authority over the entire economy and the lives of every citizen. Unlike courts, which enjoy explicit constitutional independence, administrative agencies constitute a more constitutionally ambiguous “fourth branch of government.” Also unlike courts, most agencies have authority to wield a wide variety of regulatory powers other than adjudication, including rulemaking, licensing, advice-giving, and prosecution. Administrative law is the body of constitutional, statutory, executive, and “common law” principles that constrain and thereby seek to legitimate the exercise of these powers. This course will provide a critical examination of these principles, preparing you for the inevitable encounters lawyers have with administrative agencies in their professional practice. This is a 1L elective course and 1Ls will receive priority in enrollment.

3 sem. hrs.
Housing crises, bank failures, health care reform - understanding any of these dramatic events requires a basic understanding of analytical methods. Even in less tumultuous times, a familiarity with quantitative reasoning and statistics is an increasingly important part of a lawyer’s job. This course will prepare students to use quantitative tools from statistics, finance, and economics to problems of legal importance. The course is introductory and is especially aimed at students with little background in economics and statistics. Topics covered include decision analysis, hypothesis testing, linear regression, game theory, microeconomics, and finance. Legal applications include litigation, negotiation, environmental law, corporate law, criminal law, employment law, antitrust, and intellectual property. In addition to a main textbook, sources for course material are drawn from legal cases, scientific studies, and journal and newspaper articles. The goal of the course is for students to develop their quantitative intuition through practical application, including the use of computer tools such as Excel. No specific mathematics background is required, and students with little or no quantitative coursework are especially encouraged to take the course. Students with more extensive math or economics backgrounds should consult with the professor to determine whether the course is appropriate.

3 sem. hrs.
This seminar course will focus both on fundamental legal and ethics questions, including human duties toward animals and whether conceiving of rights for animals is appropriate, as well as on an understanding of the current legal and administrative means through which the relationship between humans and animals is regulated. We will discuss the varying viewpoints expressed by animal advocates, generally falling into the category of either "animal welfare" or "animal rights" positions. We will discuss the fact that nonhuman animals are not legally "persons" and currently have no legal rights, per se, only limited legal "protections." Discussion of animal rights will necessarily entail an examination of the sources and characteristics of fundamental rights, why animals have historically been denied them, and whether legal rights are appropriately limited to humans. Further, we will discuss whether, if any such rights were recognized, what nonhuman animals should be entitled to them and, if so, to which legal rights they should be entitled. The class will also consider such issues as establishing standing to bring suits on behalf of animals, constitutional issues raised in animal protection cases and an analysis of the law and theory behind the protections afforded (or not afforded) animals under various federal and state laws. The focus will be on the status of animals as property, the doctrine of standing, and the nature of legal rights as applied to nonhuman animals. We will examine the content and enforcement of state anticruelty laws, the Endangered Species Act, the Federal Animal Welfare Act and accompanying regulations. We will have guest speakers for several sessions. In the past, these speakers have included including litigators and legislative advocates from the Humane Society of the United States and public interest law firms, a prosecutor who specializes in animal fighting, and leading legal scholars on animal ethics. Three short papers will be submitted based on the assigned readings in lieu of a final exam. As this course is intended, in part, as an opportunity to engage in an open dialogue on the potential for developments in this nascent area of law, attendance and participation in class discussion is crucial and laptops are not permitted.

3 sem. hrs.
This seminar takes an economic approach to explaining and normatively critiquing the environmental regulatory systems of the U.S. and Europe. It will focus on topics involving environmental federalism that are common to both the U.S. and Europe. These topics include: the judicial role in the evolution of regulatory centralization; the economic rationale and positive political-economic explanations for regulatory centralization (federalization); transboundary pollution; environmental standard-setting; institutions for public participation in environmental decisionmaking; and, climate change. Students are expected to attend all meetings of the seminar, and the course grade will be based 20% on class participation and 80% on participation on a 24 hour take-home examination.

3 sem. hrs.
Federal and state governments, and the U.S. public, are increasingly turning to cost-benefit analysis and risk assessment to guide rulemaking decisions and to set priorities among interventions intended to protect health, safety, environmental quality, homeland security, financial assets, etc. This course prepares students to critically evaluate risk and cost-benefit analyses, in order to help make decisions that are responsive to law, science, economics, and public values. Students will analyze recent and pending decisions by EPA, FDA, OSHA, and other agencies, to explore how analysis has informed or obscured important controversies, and how the courts have shaped both analysis and outcome. We will also discuss the art of crafting cost-effective controls, considering both traditional rulemaking and innovative proposals for new policy instruments. Required readings will include a mix of journal articles about methods of analysis and regulatory policy, along with close analysis of several major court decisions. The course instructor is an environmental health scientist, but the course will not require any particular science or math background. Rather, lectures and class discussion will emphasize insights the instructor gleaned during 10 years as the chief rulemaking official at OSHA and member of numerous EPA advisory committees, including many details of regulatory analyses, court decisions, and enforcement actions that are poorly captured in the public record. Because of the MLK holiday on January 18, there will be a first organizational class meeting scheduled for Friday, January 15th, 10:30-11:50 in Silverman Ground 48. Depending on the interests of the students who attend this meeting, the course content might be modified to emphasize topic areas of particular interest (e.g., bioethics aspects, scientific integrity and whistleblowing issues, specific regulatory controversies ongoing at the time of the course).

3 sem. hrs.
This course focuses on both the substance and process of environmental law in the United States. The goal is for students to become familiar with the basic structure of federal environmental law and regulation, both to prepare for legal counseling and advocacy as well as to be able to engage in policy evaluation and design of environmental law. The course will cover key federal environmental statutes, such as the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Superfund, and the Emergency Planning and Community Right to Know Act, as well as selected EPA regulations. The course will focus on the major legal and policy issues underlying environmental statutes, as well as on legal methods of statutory interpretation. Classroom attendance and preparation is expected. There will be an in-class exam.

2 sem. hrs.
Environmental law has moved to the forefront both nationally and internationally. This course offers a unique opportunity to learn substantive environmental law and practical lawyering that cuts across most areas of legal practices (real estate, corporate, administrative and litigation). Using “real world” case studies and simulations throughout the semester, students will be asked to role-play as environmental attorneys in, among other things, (1) acquiring, financing and selling an ongoing business with potential environmental concerns; (2) negotiating with the federal EPA regarding a client’s non-compliance with environmental laws; (3) litigating a toxic tort matter; (4) pursuing and defending a citizens’ environmental suit; and (5) wrestling with ethical issues relating to the above presentations. Guests include an EPA official, an environmental consultant and a state or federal judge. The course is for students interested in learning environmental law and/or in just learning lawyering skills.

4 sem. hrs.
PLEASE SEE IMPORTANT ENROLLMENT PROCEDURES FOR EXTERNSHIPS AVAILABLE ON THE REGISTRATION INSTRUCTIONS PAGE. Established in 1988, Delaware Riverkeeper Network (“DRN”) is the only advocacy organization working throughout the entire Delaware River Watershed. The Delaware Riverkeeper is an individual who is the voice of the River, championing the rights of the River and its streams as members of our community. The Delaware Riverkeeper is assisted by seasoned professionals and a network of members, volunteers and supporters. Together they form DRN, and together they stand as vigilant protectors and defenders of the River, its tributaries and watershed. DRN is committed to restoring the watershed's natural balance where it has been lost and ensuring its preservation where it still exists. DRN has an active legal clinic that uses environmental laws to enforce legal protections of our waterways and educate law students interested in environmental and public interest law. DRN maintains a docket of robust citizen enforcement actions and other unique environmental cases. DRN has an active legal clinic that uses environmental laws to enforce legal protections of our waterways and educate law students interested in environmental and public interest law. DRN maintains a docket of robust citizen enforcement actions and other unique environmental cases. DRN’s staff attorney is the primary litigator for the organization. DRN has been involved in matters in federal and state court in the watershed states of New York, Pennsylvania, New Jersey and Delaware. Recent cases have addressed sewage permits, floodplain development and wetlands violations. The extern will take an active role in all aspects of the daily litigation practice at DRN, including case development, research and drafting, court appearances, depositions and discovery, meetings and coordination with other attorneys and advocates. Working with DRN at this level provides the extern with a unique opportunity to develop critical litigation skills in a nonprofit setting. Although some research work may be done elsewhere, the extern should expect to be on site at least 1-2 times during the week to participate in meetings, conferences, etc. (DRN’s office is located in Bristol, PA, approximately ½ mile from the Bristol train station [SEPTA R7]. Whether you drive or take the train, please consult a map to ensure that your timing and transportation needs can be met.)

3 sem. hrs.
This course will begin by critically examining the scientific and economic work on the causes and consequences of global warming, with special attention to the political economy of international efforts to curb global warming, the structure and process of the Intergovernmental Panel on Climate Change (IPCC), and the methodologies underlying economic estimates of costs and benefits. The course will then proceed to consider both domestic and international legal and political developments in the climate change area. These include the Kyotol Protocol, the European Emissions Trading Scheme, and -- in the U.S. -- the history and political economy of efforts to pass federal climate change legislation, state legislation and regulation (with a focus on California), regulation under existing federal environmental statutes and regulation via common law public nuisance actions. The course will conclude by discussing the many substantial environmental impacts from the new "green" energy projects funded by the 2009 stimulus bill and justified by the need to avert global warming, and the treatment of those impacts under existing state, local and federal environmental and land use laws."

3 sem. hrs.
The course will focus on the development of international law, institutions, and regimes that respond to international environmental problems. Topics will include transboundary air pollution, ozone depletion, climate change, whaling, and fisheries conservation. The course will begin with introductions to economic and ethical issues in environmental law, to the sources of public international law, and to the problem of making that law effective. The course will also examine how international trade law and institutions, including the World Trade Organization, affect efforts to protect the environment.

3 sem. hrs.
Federal and state governments, and the U.S. public, are increasingly turning to cost-benefit analysis and risk assessment to guide rulemaking decisions and to set priorities among interventions intended to protect health, safety, environmental quality, homeland security, financial assets, etc. This course prepares students to critically evaluate risk and cost-benefit analyses, in order to help make decisions that are responsive to law, science, economics, and public values. Students will analyze recent and pending decisions by EPA, FDA, OSHA, and other agencies, to explore how analysis has informed or obscured important controversies, and how the courts have shaped both analysis and outcome. We will also discuss the art of crafting cost-effective controls, considering both traditional rulemaking and innovative proposals for new policy instruments. Required readings will include a mix of journal articles about methods of analysis and regulatory policy, along with close analysis of several major court decisions. The course instructor is an environmental health scientist, but the course will not require any particular science or math background. Rather, lectures and class discussion will emphasize insights the instructor gleaned during 10 years as the chief rulemaking official at OSHA and member of numerous EPA advisory committees, including many details of regulatory analyses, court decisions, and enforcement actions that are poorly captured in the public record. There will be a first class meeting scheduled for Friday, January 16th, 10:30-11:50 in Silverman Ground 48.

3 sem. hrs.
This seminar will provide students with an opportunity to learn about cutting-edge research in law and economics through presentations by some of the leading scholars in the field. In preparation for the outside speaker sessions, students write short (two to three page) critiques of the author's paper. Final grades will be based on the critiques and seminar participation, including a group presentation. Some background in economics or law and economics is very helpful; however, knowledge of technical economics is unnecessary.

3 sem. hrs.
This course covers laws and regulations that govern the ownership and use of natural resources, both those located on the public (federal) lands and those found on or under private lands. Particular areas covered include: the National Environmental Policy Act (NEPA) – the original law creating the obligation for federal project agencies to file an environmental impact statement under certain circumstances; the Endangered Species Act; the National Forest Management Act and other laws governing the use of the National Forests; the General Mining Law, and the Wilderness Act. In addition, water law (in particular western water law) will also be covered. The three objectives of the course are for students to: a) acquire a mastery of the stylized statutory and regulatory interpretive arguments that are appropriate (and sometimes persuasive) in these areas of the law; and 2) get a sense of the political and economic factors that account for the creation and survival of the American natural resource legal regime and how those factors influence regulatory and judicial decisions in this area; and, 3) develop familiarity with the structure of economic, scientific and ethical criticisms of the existing system and proposals for reform. The course grade will be based 80 per cent on a take home, 24 hour final examination and 20 per cent on class participation. Class participation includes two required 8-12 page double-spaced written exercises.

3 sem. hrs.
Lawyers play a key role in making public policy, whether in legislative, executive, or judicial settings. This course will focus on the skills lawyers need when serving as policy analysts or decision makers, as well as when serving clients who must interact with policymakers. The course will examine core methods and skills of research, analysis, and exposition suitable for effective policy counseling and decision making. Specific analytic concepts and tools, such as benefit-cost analysis, will be addressed, but overall emphasis will be placed on a general framework for analyzing any kind of social or economic problem and assessing different types of alternative legal solutions. Working either individually or in teams (at their choosing), students will prepare and present their own original policy analysis of an important problem they select, geared in a format to inform an actual decision maker. There will be no final exam. Grades will be based primarily on the final policy analysis, but class participation, short reaction papers written during the term, and an in-class presentation will be factored as well. The senior writing requirement may be satisfied with permission.

3 sem. hrs.
Society faces a range of risks, from both natural sources and economic activities. A core challenge for society’s major institutions – governments, businesses, non-profits – is to understand these risks and learn to manage them effectively and efficiently. This seminar will focus on how society deals with risks, ranging from, on the one end of the spectrum, voluntary action by business to, on the other end, strict rules imposed by government on the private sector – with many variants in between. These risk management responses also include the design of institutions to identify, monitor, and provide information about risks. Understanding what makes for effective institutional responses to risk is especially challenging, for it calls for not just an understanding of institutions themselves -- e.g., law and business -- but also an understanding of how these institutions interact with and affect the risks they are supposed to reduce or mitigate. This seminar will meet on alternating Tuesday afternoons throughout the entire 2010-2011 academic year. One seminar meeting each month will feature a guest speaker presenting new scholarship or policy analysis related to risk regulation. The other sessions will provide general background on risk regulation, further consideration of the specific topics covered by the guest speakers, and discussion of research papers seminar participants will be expected to complete by the end of the spring term.