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Environmental Law The Big Picture. Exam Preparation Strategy Read the book, carefully. Most of the chapters have one or two problems. (These are called.

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Presentation on theme: "Environmental Law The Big Picture. Exam Preparation Strategy Read the book, carefully. Most of the chapters have one or two problems. (These are called."— Presentation transcript:

1 Environmental Law The Big Picture

2 Exam Preparation Strategy Read the book, carefully. Most of the chapters have one or two problems. (These are called problems in the detailed TOC.) These are designed to test your ability to use the material in the chapter to analyze an environmental problem. You should think about how you might answer each of these problems as a review of the chapter. 2

3 Chapter 1 Introduces the pollutants with the major health effects The Lazarus piece sets up the major issues that complicate environmental law. The ongoing climate disruption problem is introduced. This is important to understand, because future problems build on it. 3

4 Chapter 2 This chapter introduces common law remedies for environmental pollution. The book presumes that you are familiar with these from your common law property course. If you have not taken common law property yet, do not despair, you only have to know what is covered in the chapter. A key issue is the interplay between the remedies and cost benefit analysis as described in the Coase paper. 4

5 Chapter 3 This is your basic introduction to administrative law Read it especially carefully if you have not taken administrative law Overton Park and Chevron are key cases in environmental law A key issue in this chapter is the interplay between the common law remedies from Chapter 2 and the modern environmental laws. Make sure you understand preemption 5

6 Chapter 4 This is an introduction to the goals of the main environmental laws. While is mostly a setup for the rest of the book, I would look through the notes to each law. 6

7 Chapter 5 Effects based standards You should understand why we started with these, and why they often prove very difficult to administer. Lead is the paradigmatic example, and one we refer to in later chapters. The discussion about dams and anti-degradation clauses is also a recurring theme. This chapter introduces the Atrazine problems, which we see again later. 7

8 Chapter 6 Technology based standards Why use these? What are the tradeoffs? How is CBA used in these standards? This chapter's problem introduces the issues in regulating mercury 8

9 Chapter 7 Cost benefit analysis How does this play out in the different examples? Why is it the dominate theme in all environmental law? This chapter's problem is an important analysis of CBA for auto emissions. 9

10 Chapter 8 Traditional regulation, i.e., command and control regulation What is the tension between these standards and innovation? This chapter introduces criminal intent issues in environmental enforcement. How does this change the game from civil enforcement? 10

11 Chapter 9 Economic incentives Using the market to reduce pollution What programs have been successful and why? What do think about in designing an incentive based program? Make sure you understand the offset problem What are environmental justice issues in market based solutions? 11

12 Chapter 10 Information based approaches How does the NEPA process drive better environmental decisionmaking if the agency can ignore the EIS once is done? How can public interest litigators and others use NEPA to stall projects? This chapter adds to the atrazine problem saga. 12

13 Chapter 11 The solid waste laws How is the approach in these laws fundamentally different from the other pollution laws? Why do these laws generate much more litigation than the other laws? Why are economic stakes so high? What does this chapter's problem add to our understanding? 13

14 Chapter 12 Environmental restoration Why is the potentially impossible? What are the limitations to restoration? What are the strategies? How is compensation and mitigation different form restoration? How do we decide which to do? What do we learn from the Colorado River projects? 14

15 Chapter 13 Private cleanup Why is apportioning liability so much of a problem? How does CERCLA attempt to do this? How can be liable? Are there defenses? What do we learn from the pig farm case? This problem is based on how to counsel a client. 15

16 Chapter 14 Allocating governmental responsibility What are the roles of the different branches of government in protecting the environment? What do we learn from the tailpipe emissions story? What about the allocation of authority between the state and federal governments? Why have the state approaches often failed? 16

17 Chapter 15 International law Why is the problematic? How is international law expressed domestically? What international responses have worked? How do these differ from the problems posed by global warming? 17

18 Chapter 16 How do we know if there are violations of the environmental laws? How much latitude does the government have in forcing companies do detect and report violations? Why isn't this a self-incrimination problem? What are the issues with the audit privilege? 18

19 Chapter 17 Governmental enforcement What are the theories of the best level of civil penalty for deterrence? Why are civil penalties often not fully collected? What are the pros and cons of criminal enforcement? What are the problems with proving intent? Can you have strict liability crimes? This problem deals with climate change law enforcement. 19

20 Chapter 18 Citizen enforcement Why allow citizen enforcement of state and federal law? What are the objections to citizen enforcement? What are the standing issues? Where does Mass v. EPA fit into the standing analysis? When can you get attorney's fees? 20

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