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The George Washington University Dan Jacobs
Political Science 2224.11, Fall 2013
ENVIRONMENTAL POLICY AND LAW
Synopsis: In this course, designed primarily for students who have completed at least their freshman year, we will examine the major issues of the day in environmental policy and law, with an emphasis on pollution prevention and control. General topics will include: the history of the environmental movement; the interplay between political and environmental issues; competition between private and public sector interests; the role of the government; major environmental statutes; global issues; and recent precedent-setting court cases. “Introduction to American Politics and Government” is a prerequisite; it can be waived only at the instructor’s discretion upon submission of a written request demonstrating good cause.
Course Requirements and Guidelines: Students are required to take two equally-weighted and timed (i.e., 1 hour, 50-minute) examinations, as scheduled below:
There is no final examination.
Exam 1: Monday, March 18, at 6:10 p.m.
Exam 2: On final exam date/time set by the University
No “makeup” exams will be given, and no alternative testing arrangements will be made, except in the event of a bona fide documented emergency and/or pre-arranged University-approved need for special accommodation (see below). Exams are graded anonymously; thus, students should identify themselves only by their GWid numbers on blue books. All grades are final. The University Code of Academic Integrity is incorporated by reference herein and will be strictly enforced.
Students are required to attend class having completed the reading assigned for each respective class (see below), and to have the reading with them in class. In the event of a missed class, students are responsible for contacting a classmate to review the material covered in class. Students are also required to be familiar, through the media, with current developments on major environmental issues, and to select one such issue in particular for which they will be responsible throughout the semester. Course grades may be adjusted at the instructor’s discretion to reflect classroom attendance/performance.
Student requiring any form of special accommodation for any reason must follow applicable University (e.g., DSS) procedures, and contact the instructor in writing during the first week of the semester. Students must also notify the instructor during the first week of each semester of planned absences for religious observances.
Learning Objectives: By the end of this course, students should thoroughly comprehend the course topics and materials listed herein, and be able to address and analyze major environmental issues and court cases verbally and in writing.
Office Hours: Office hours will be held after class on Monday evenings from 8:00-9:00pm, in Monroe 426, upon request.
Readings: Two of the books (Vig & Kraft and Haar) must be purchased. The remainder of the readings may be accessed electronically (primarily through Blackboard). Notice of additional readings, any revisions to the syllabus (which is subject to change), and major announcements will be posted on Blackboard.
CLASS SCHEDULE AND READING ASSIGNMENTS
I. Introduction, History, and Values
Aug. 28: Introduction
Sept. 4: The History of the Environmental Movement and Environmental Values. Norman J. Vig & Michael E. Kraft, eds., Environmental Policy, 8th ed., CQ Press (2013), ch. 1; Robert Gottlieb, Forcing the Spring, Island Press (1993), ch. 3; Aldo Leopold, “The Land Ethic,” in Environmental Philosophy, Prentice-Hall (2001); James Salzman, Drinking Water: A History, selected excerpts, Overlook Duckworth (2012).
II. Environmental Policy: Major Actors, Interests, and Issues
Sept. 11: The President and the Congress. Vig & Kraft, chs. 4-5.
Sept. 18: Environmental Health. The President’s Cancer Panel Report, Reducing Environmental Cancer Risk: What We Can Do Now? (2010), selected excerpts. Judith A. Layzer, “Government Secrets at Rocky Flats,” in The Environmental Case, CQ Press (2002); Peter Eisler, “Some Neighborhoods Dangerously Contaminated by Lead Fallout,” USA Today, April 20, 2012. www.usatoday.com/news/nation/story/2012-04-20/smelting-lead-contamination-soil-testing/54420418/1?loc=interstitialskip “Problems Plague Cleanup at Hanford Nuclear Waste Site,” USA Today, January 18, 2012. www.usatoday.com/news/nation/environment/story/2012-01-25/hanford-nuclear-plutonium-cleanup/52622796/1.
Sept. 25: EPA and Environmental Justice. Vig & Kraft ch. 7; Robert D. Bullard, “Environmental Justice: Mobilizing for the 21st Century” (Symposium), 23 Vermont Law Review 453 (1999).
Oct. 2: The Environmental Movement, Sustainable Development and Climate Change. Vig & Kraft chs. 3, 12, 13. Naomi Klein, “Capitalism v. the Climate,” The Nation, November 28, 2011.
Oct. 9: Industry and the BP Gulf Disaster. Vig & Kraft, ch. 10. Dennis A. Rondinelli, “A New Generation of Environmental Policy: Government-Business Collaboration in Environmental Management,” 31 Environmental Law Reporter 10891-10905 (2001). Additional Readings TBA.
Oct. 16: Exam 1.
III. Environmental Law: Foundations and Recent Court Precedents
Oct. 23: Enforcement by the Federal Government. Robert V. Percival, et al., Environmental Regulation, Aspen Publishers (6th ed. 2009), chapter 10 selected pages, including Sierra Club v. Cedar Point Oil, 73 F.3d 546 (5th Cir. 1996); Daniel Jacobs, “The Federal Enforcement Role in Controlling Ozone,” in McKee, ed., Tropospheric Ozone, CRC Press (1994).
Oct. 30: The Clean Air Act. Massachusetts v. EPA, 549 U.S. 497 (2007); Whitman v. American Trucking Associations, 531 U.S. 457 (2001); Coalition for Responsible Regulation v. EPA, 684 F.3d 102 (D.C. Cir. 2012).
Nov. 6: The Clean Water Act. Exxon Shipping Co. v. Baker, 554 U.S. 471 (2008). Friends of the Earth v. Laidlaw, 528 U.S. 167 (2000); United States v. Smithfield Foods, 191 F.3d 516 (4th Cir. 1999), cert. denied, 531 U.S. 813 (2000); United States v. Hanousek, 176 F. 3d 1118 (9th Cir. 1999), cert. denied, 528 U.S. 1102 (2000) (dissent from denial of cert. by Justice Thomas).
Nov. 13:CERCLA (Superfund). Percival chapter 4 selected pages, including United States v. Olin Corp., 107 F.3d 1506 (11th Cir. 1997); New York v. Shore Realty, 759 F.2d 1032 (2d Cir. 1985); United States v. Best Foods, 524 U.S. 51 (1998); Burlington Northern & Santa Fe Railway Co., et al v. United States, 556 U.S. 599 (2009) (two excerpts).
Nov. 20: Toxic Torts. Jonathan Harr, A Civil Action, Vintage Press ed. (1996).
Pages 1-263.
Dec. 3: Harr continued, Pages 265-end.