ENVIRONMENTAL LAW

PENN LAW FACULTY

Penn Law Adjuncts & Lecturers

TOLL PUBLIC INTEREST CENTER PARTNERS AT PENN

PUBLIC SERVICE PLACEMENTS

City of Philadelphia Law Department
Clean Air Council
Manko, Gold, Katcher & Fox, LLP
National Center for Environmental Health Strategies
New York Lawyers for the Public Interest, Inc.
Penn Future
Pennsylvania Public Interest Research Group (PennPRIG)
Pew Center on Global Climate Change
Philadelphia Eagles
Public Interest Law Center of Philadelphia (PILCOP) – Environmental
Sugarman & Associates
U.S. Attorney’s Office – Delaware – Civil Division
Washington Legal Foundation

Penn Law Courses

This seminar course will focus both on fundamental questions, including whether conceiving of rights for animals is appropriate, and on an understanding of the current legal and administrative means through which the relationship between humans and animals is regulated. We will discuss the fact that nonhuman animals are not legally “persons” and 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 for animal suits, the definition of “animal” as applicable to anti-cruelty statutes 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 the Endangered Species Act, the Federal Animal Welfare Act and accompanying regulations.

The environmental justice movement developed in the late 1980s in response to findings that people of color suffer a disproportionate burden of environmental contaminants. This seminar will critically explore theories and practices challenging “environmental injustice.” Focusing primarily on the United States, we will examine the interplay of race and class in land use and environmental decision-making in the 20th and 21st centuries and the array of legal and non-legal challenges to government and industry practices. The reading for this course will be drawn from legal and non-legal sources, and will include personal accounts from members of communities engaged in environmental justice disputes. We will also invite outside speakers from a range of perspectives.

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.

This course offers a unique perspective on the day-to-day issues facing a practicing environmental lawyer. Using "real world" case studies and simulations throughout the semester, students will be asked to role-play as environmental attorneys in (1) acquiring an ongoing business with potential environmental concerns; (2) negotiating the contractual terms of the acquisition; (3) selecting a consulting engineer to perform the environmental due diligence as part of the acquisition; (4) deciding, how to report non-compliance to a regulatory agency; (5) defending citizens' suits; (6) litigating a toxic tort matter; and (7) wrestling with ethical issues relating to the above representation.

This course will explore selected theoretical and doctrinal aspects of the field known as federal Indian law. We will study the historical, conceptual and legal roots of tribal sovereignty; the development of federal doctrines concerning the powers of tribal governments; and the current state of federal law concerning tribal legislative, executive and judicial authority. Attention will be given to the division of authority among tribal, federal, and state governments, as well as to questions concerning possible tensions between governmental powers and individual rights. We will consider a number of current issues, which may include land claims; gaming; family law; economic development; religious and cultural rights; and natural resources.

During the past three and half decades, a sweeping and complex regulatory system has developed to address environmental problems in the United States and throughout the developed world. By and large, that regulatory system has contributed to real improvements in environmental quality over the years. But at the same time, there has also been growing and widespread disaffection with the current system of environmental law for at least the last fifteen years, particularly in the United States. The US system is viewed by some as incomplete - leaving important environmental problems like nonpoint pollution, energy consumption, or climate change effectively unaddressed. Others view US environmental law as too rigid and costly. Still others view its priorities as skewed, even nonsensical, as vast amounts of resources are spent chasing down relatively trivial risks while much larger ones go overlooked. This seminar will critically examine both the current US environmental law system and the complaints about its performance, paying particular attention to various innovations in environmental regulation that have either been attempted or proposed in recent decades. Examples of innovations we may examine include the Toxics Release Inventory, 33/50 Program, SO2 emissions trading program, E4E Initiative, Common Sense Initiative, Project XL, Strategic Goals Program, National Environmental Performance Track, Facility Reporting Project, and various state green tier initiatives. We will ask whether innovations such as these have achieved their goals -- and will consider how we can even answer such a question using empirical evidence. The overall objective will be to assess the strengths and weaknesses of the system of environmental law in the United States and of various innovations to that system.

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.

This course examines how land use is shaped and controlled through government regulation. Among the major issues this course will examine are: the history of land use regulations and the political and economic circumstances that have given rise to such regulations; relationship between regulatory and market-based tools to control land use, and; the relationship between individual rights and the needs of community regarding the use of land. The course will also examine the institutions of urban planning and zoning, and assess their ability to mediate disputes over land. In addition the course will explore several current topics in land use regulation, including exclusionary zoning, smart growth, new urbanism, and historic preservation. Students will approach these questions from both theoretical and practical vantage points, and will be required to conduct research on how land use regulations are implemented in "real world" situations.  (Course offered in Spring term only)

This seminar will introduce students to the scientific method, compare physical science methods with those of economics, and then look at the role that scientific and economic analysis play in three fundamental areas of environmental regulation. The focus in all areas will be on asking whether scientific and/or economic principles justify regulation in a particular area, or whether both the fact and style of regulation are instead explained by other factors, such as naked political preferences, media portrayal of the problem, and general, ascientific beliefs about the world, which may be referred to collectively as “faith.

Over ninety percent of Americans live in urban areas. This course will examine many of the issues facing urban America through an analysis of the function of local governments in the American legal and political system. We will consider federal, state and local statutes and case law that shape government institutions. Specific topics include: the formation of local and sublocal governments; the scope of local autonomy with respect to zoning and the provision of public services; federal-local, state-local, and inter-local relations; the relationship between cities and suburbs; and the impact of race on the structure of metropolitan governance. We will be employing legal doctrine as well as political and social theory in exploring these issues. Because local governments operate in a variety of jurisdictions (and because “local government law” intersects numerous areas of substantive law) this course will not primarily emphasize legal doctrine or the mastery of specific legal rules. Instead, the course is intended to familiarize you with those general concepts from which to draw more specific legal and political conclusions.

Societies have cultivated tobacco and have fought over its manufacture, sale, and consumption for centuries. As tobacco's health consequences have become more clear, increasingly volatile conflicts have emerged over taxing tobacco, regulating cigarette advertising and sales, and limiting where people can smoke. This seminar will explore the legal, political, ethical, and policy issues that underlie the current conflict over smoking in the U.S. , as well as in other industrialized democracies. Our focus will be on the clash between the rights of individuals who 'choose' to smoke, and the responsibility of the government to safeguard public health. We will read judicial opinions, scholarly articles, books, legislation, and popular materials.

This course will examine federal, state and local policies towards urban areas (broadly defined) with a focus on their impact in Pennsylvania. Among the topics we will examine are: the role of government in shaping housing development in cities and suburban areas, the application of zoning and other land use controls to urban areas, the impact of urban renewal and economic development policies on American cities, and the changing relationships between cities and suburbs. This course will operate as a seminar, and students will be encouraged to conduct research in a specific aspect of urban policy. This course will involve collaboration with members of the Pennsylvania state government, in particular the Pennsylvania State Planning Board. Under the supervision of the professor, students in the course will participate in researching and drafting proposed changes to state law regarding land use and economic development.