Environmental Law Researchsyllabus

Environmental Law ResearchSyllabus

Wintersession 2015

Professor

Office: Law 167 (in the Law Library)
Phone: 243-6808 (office); 239-9024 (cell)
Email:

Course Information

Dates: Monday, January 5, 2015—Friday, January 9, 2015
Time: 9:00am—Noon
Location: LAW 215
Credits: 1

Course Description

This course will introduce students to the sources and skills necessary to researching environmental law issues. Environmental law is largely occupied by the federal government, so this course will focus on federal regulatory research (CFR & Federal Register), the Administrative Procedures Act and administrative hearings, and federal statutes and legislative history research. The course will also introduce students to state, tribal, and international environmental law sources. The course will not cover the substantive provisions of environmental law.

This course is a hands-on course and students will be working on in-class exercises each day. This is a graded, one-credit course.

GOALS. Upon completion of this course students should:

1.  Be aware of the important resources for environmental law research.

2.  Have some practice with basic and advanced research techniques.

METHODS.

1.  Lecture/Demonstration.

2.  Hands-on Research Exercises.

Required Texts & Readings

There are no required textbooks for this course. All required readings are available via the internet, Lexis, Westlaw, HeinOnline or the course Moodle page. The course Moodle page also contains links to additional sources discussed in class. The course Moodle page is an extension of the classroom and you are responsible for material posted there. Announcements will be made in class and via email through the Moodle page to students’ official UM email.

Disability Services

The University of Montana assures equal access to instruction through collaboration between students with disabilities, instructors, and Disability Services for Students (DSS). If you think you may have a disability adversely affecting your academic performance, and you have not already registered with DSS, please contact DSS in Lommasson 154. I will work with you and DSS to provide an appropriate accommodation.

Academic Honesty

All students must practice academic honesty. Academic misconduct is subject to an academic penalty by the course instructor and/or a disciplinary sanction by the University. All students need to be familiar with the University of Montana Student Conduct Code, and the Law School Honor Code, which is available on the UM Law Student Information Moodle page.

Assignments & Grading

Professionalism (25%)

Attendance at all classes is required. Students who miss more than three hours must withdraw from the course as per the law faculty attendance policy. Students who come to class late or leave class early will receive a reduction on their Participation grades as follows:

Absences / Grade /
0 Unexcused Absences / A
.5 Hour-1 Hour Unexcused Absence / A-
1.5 Hours-2 Hours Unexcused Absence / B+
2 Hours-3 Hours Unexcused Absence / B
3+ Hours Absence (Excused or Unexcused) / Must drop

The class participation portion of the Professionalism grade will be based primarily on active engagement in in-class exercises. Students will be expected to participate in discussions of their research methodology.

Many of the research tools used in this course are online and students should bring laptops to class to follow along with in-class demonstrations and work on in-class exercises. I expect that your class participation will reflect the type of professionalism expected of law practitioners. This includes limiting your use of laptops and other technologies in the classroom to class and law firm related activities. Repeated failure to adhere to this standard may result in the lowering of your professionalism grade.

Regulatory History (75%)

Each student will compile the regulatory history of an assigned environmental regulation. Each student must work alone on this assignment. This assignment will be available on the first day of class and is due Sunday, January 11 at 5:00pm. Completed assignments should be submitted via Moodle.

Grading Scales

The Regulatory History assignment will be graded using a rubric to assign letter grades based on the percentage scale below. Final grades will be calculated using the grading scale in the Student Handbook.

Lawyering Fundamentals: Research Page 1

Grade / Percentage Scale /
A+ / > 100%
A / 93-100%
A- / 90-92%
B+ / 87-89%
B / 83-86%
B- / 80-82%
C+ / 77-79%
C / 73-76%
C- / 70-72%
D / 60-69%
F / < 60%
Grade / Grade Points /
A+, A / 4.0
A- / 3.70
B+ / 3.30
B / 3.00
B- / 2.70
C+ / 2.30
C / 2.00
C- / 1.70
D / 1.00
F / 0

Lawyering Fundamentals: Research Page 1

Course Schedule

Date
/
Topics
/
Assignment
/
Jan. 5
/ Course Introduction & Syllabus
Basic Sources for Researching Environmental Law
Administrative Law
·  Administrative Procedures Act
·  Administrative regulations
o  CFR
o  Federal Register
·  Administrative guidance
·  Administrative hearing decisions
Environmental Impact Statements / 1.  James T. O’Reilly, Administrative Rulemaking: Structuring, Opposing, and Defending Federal Agency Regulations ch. 2 (2d ed. 2010) (available on the course Moodle page).
2.  Administrative Law Research Tutorial, Georgetown L. Lib., http://www.law.georgetown.edu/library/research/tutorials/admin/index.cfm (last visited Dec. 28, 2014). You do not have to do all the tutorials, just the ones on Finding Federal Regulations and Finding Agency Decisions.
3.  OPTIONAL: Students who have not taken Intro. to Environmental Law may want scan Daniel A. Farber, Environmental Law in a Nutshell (9th ed. 2014) (available in the library and on the West Study Aids Subscription).
Jan. 6
/ Researching federal environmental statutes and interpretation
Compiling a federal legislative history / Peggy Jarrett & Cheryl Nyberg, Federal Legislative History Research Guide, Gallagher L. Lib., http://lib.law.washington.edu/ref/fedlegishist.html (last updated Feb. 28, 2011).
Jan. 7
/ Researching environmental case law
Researching secondary sources
Current awareness tools / Wests Analysis of American Law: Environmental Law (available of course Moodle page)
Jan. 8
/ State environmental law research
/ James R. May & William Romanowicz, Environmental Rights in State Constitutions in Principles of Constitutional Environmental Law ch. 12 (James R. May, ed. 2011) (available on the course Moodle page).
Jan. 9
/ International environmental law
Indigenous environmental law
Course evaluations / 1.  Lakshman D. Guruswamy, International Envrionmental Law in a Nutshell ch. 1 (4th ed. 2012) (available on West Study Aids Subscription).
2.  Mary Christina Wood & Zachary Welcker, Tribes as Trustees Again (Part I): The Emerging Tribal Role in the Conservation Trust Movement, 32 Harv. Envtl. L. Rev. 373 (2008) OR Jeanette Wolfley, Tribal Environmental Programs: Providing Meaningful Involvement and Fair Treatment, J. Envtl. L. & Litig. 389 (2014).

Lawyering Fundamentals: Research Page 1