ENVS 6900 Introduction to Natural Resource Policy

ENVS 6310 Introduction to Environmental Laws and Policy

Instructor

Judy Kurtzman, Consultant Shipley Group, Inc. Senior Instructor Environmental Law

435-563-4046

435-764-8779 (cell)

Course Objectives

Introduce the objectives and requirements of federal environmental laws and policies used in public (and private) land and resource management. In this course we will explore 16 laws, regulations, and polices passed by the Congress, or issued by the President of the United States, to protect both natural and cultural resources. The laws and policies studied in this this course are those most frequently encountered by resource managers and specialists. By the end of this course students will be able to:

• Identify the difference between laws, regulations, and policies and their compliance requirements.
• Understand the role federal courts play in enforcing and interpreting environmental laws.
• Recognize the need for and role of environmental laws and policies in managing public lands and resources.
• Become familiar with compliance requirements for the 16 federal natural and cultural resource laws and polices covered in the course.

Course Description

This course will begin with a discussion on the background and differences between laws, regulations and policies, and the role federal courts have played in interrupting and shaping compliance with them. We will also discuss the history of environmental laws and policies, and how public perception of the need for them has changed over the years. As mentioned above, we will focus on 16 federal natural and cultural resource laws, regulations, and policies public land managers (and some private) should be familiar with to effectively manage the lands and resources they hold in trust for citizens of the U.S. The most important objective for this course is for students to understand the purpose of the laws, and compliance requirements.

Each week students are asked to watch an audio lecture (usually 20-30 minutes) with PowerPoint slides in which I introduce the law and describe compliance requirements. I also assign weekly readings to reinforce the information presented in the lecture, and that I believe (hope?) students will find interesting. Based on the reading (and lecture) a weekly discussion topic is presented to the students, which is intended to help them use their critical thinking skills, and share their own professional experiences with these laws and policies. Students are also required to review and comment on an Environmental Assessment (EA) for the session on the National Environmental Policy Act (NEPA) and write a term paper on how the controversies associated with the Endangered Species Act (ESA) and share their views on those controversies. Additionally, the course includes a mid-term short-answer essay exam, and a final exam stating which laws they feel are most effective and meet their purposes.

The course is divided into the following eight sections:

1. Introduction to Laws, Regulations and Policies
2. What is the difference between these terms; and the role of the judiciary in interpreting and enforcing Federal laws, regulations and policies
3. History of Environmental Laws and Policies

1. National Environmental Policy Act (NEPA) and Environmental Justice

1. Water Policy
2. Clean Water Act (CWA)
3. Executive Order 11990 Wetlands
4. Executive Order 11988 Floodplains

1. Wildlife Policy
2. Endangered Species Act (ESA)
3. Migratory Bird Treaty Act (MBTA)
4. Executive Order 13186 Migratory Birds

1. Clean Air Act (CAA) and Climate Change Policies

1. Wilderness Act and Recreation Policy
2. Wilderness Act of 1964
3. National Federal Land Policy and Management Act of 1976 (BLM)
4. Federal Land Management Act of 1976 (USFS)

1. Cultural Resource Policies
2. National Historic Preservation Act (NHPA)
3. Archeological Resources Protection Act (ARPA)

1. Native American Cultural Resource Policies
2. Native American Graves Protection and Repatriation Act (NAGPRA)
3. American Indian Religious Freedom Act (AIRFA)
4. Executive Order 13007 Indian Sacred Sites
5. Executive Oder 13084 Consultation and Coordination with Indian Tribal Governments

Grading

Grading will be based on the following:

Discussion - 30%

Assignments (2) - 20%

Mid-term - 25%

Final Exam - 25%

My teaching Philosophy

I would like to share with you the following quote I found in a weekly online journal, (Faculty Focus, July 25, 2011) written by Simon Yisrael Feuerman, an adjunct professor of psychology at Kean University. In his article he discusses the problem of grade inflation, often due to graduate students’ expectations they should receive an A in every course they take. He notes, “Woody Allen is famous for saying that 90% of life is just showing up. But that’s just it, you don’t get an A for just showing up. You have to be extraordinary to get an A. You do not get an A in life for just showing up and complying or even for cooperating. You get an A for adding to the experience, for giving, for risking, for showing enthusiasm, for adding life.”

That is the reason I put the largest percentage of your grade for this course on your participation in the weekly discussions. This gives you the opportunity to show you read the material, thought about it, and shared your thoughts in a manner that allowed other students to think about the problem from a different perspective. Sometimes it is through articulating a thoughtful opinion that you give others food for thought, this is what I hope to do in this course.

Course Resources

Canvas

Canvas is a Learning Management System Utah State University uses for all online courses. You can login to Canvas at https://canvas.usu.edu/ using your USU A# and global password (the same one you use for Access or Aggiemail).

Begin Here

The “Begin Here” section of the Canvas site is provided to give you information on how to set up your computer in order to use Canvas and how to use the various tools in Canvas.

Software

The “Computer Setup” page provides information on the software you need for Canvas. If you have questions on how to use Canvas contact the IT Service Desk at: (877) 878-8325

Documents in this course will be presented in pdf format where possible. You will need Adobe Reader to view these files, which you can obtain for free at:

Written assignments should be submitted as a Microsoft Word document. If you do not have Microsoft Word installed on your computer, you may use Open Office Writer instead, which you can obtain for free at

Textbook

Unfortunately, legal textbooks are extremely expensive and I was unable to find one that included all of the laws and policies we are discussing in the course. So, instead of asking you to spend a small fortune on a few books, I have tried instead to find articles and legal summaries I think will be as useful and informative as the legal textbooks I reviewed (weekly reading assignments). Also, for those of you interested (though it is not required), you can purchase booklets on the following topics from Shipley Group, the private consulting firm USU partners with in doing the NEPA Certificate Program. These booklets summarize the legal compliance for the following three laws:

Overview of the NEPA Process

Overview of the ESA Section 7 Consultation Process

Overview of the NHPA Section 106 Consultation Process

Please contact Jeff Steward ( or 1-888-270-2157) if you are interested in purchasing them.

Additional Readings

Weekly readings are a mixture of government documents, peer-reviewed journal articles, and environmental law journals. Most readings will be available in Canvas in pdf format. Other readings will be available online, with a hyperlink provided in Canvas.

Presentation Videos and Slides

Weekly online presentations are posted on Canvas. A video of the slides with my narration can be accessed by connecting online to a media server (you will not need to have a media player installed on your computer). The slides are also provided as a pdf file which can be viewed on your computer, downloaded, and printed.

Applicable University Policies

Honor Pledge

Students will be held accountable to the Honor Pledge which they have agreed to: “I pledge, on my honor, to conduct myself with the foremost level of academic integrity.”

Academic Dishonesty

The Instructor of this course will take appropriate actions in response to Academic Dishonesty, as defined the University’s Student Code. Acts of academic dishonesty include but are not limited to:

1. Cheating: (1) using or attempting to use or providing others with any unauthorized assistance in taking quizzes, tests, examinations, or in any other academic exercise or

activity, including working in a group when the instructor has designated that the quiz, test, examination, or any other academic exercise or activity be done “individually”; (2) depending on the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) substituting for another student, or permitting another student to substitute for oneself, in taking an examination or preparing academic work; (4) acquiring tests or other academic material belonging to a faculty member, staff member, or another student without express permission; (5) continuing to write after time has been called on a quiz, test, examination, or any other academic exercise or activity; (6) submitting substantially the same work for credit in more than one class, except with prior approval of the instructor; or (7) engaging in any form of research fraud.

2. Falsification: altering or fabricating any information or citation in an academic exercise or activity.

3. Plagiarism: representing, by paraphrase or direct quotation, the published or unpublished work of another person as one's own in any academic exercise or activity without full and clear acknowledgment. It also includes using materials prepared by another person or by an agency engaged in the sale of term papers or other academic materials.

Full text of the Student Code available at available at available at http://www.usu.edu/studentservices/pdf/StudentCode.pdf

Special Needs

Students with ADA-documented physical, sensory, emotional or medical impairments may be eligible for reasonable accommodations. Veterans may also be eligible for services. All accommodations are coordinated through the Disability Resource Center (DRC) in Room 101 of the University Inn, (435)797-2444 voice, (435)797-0740 TTY, (435)797-2444 VP, or toll free at 1-800-259-2966. Please contact the DRC as early in the semester as possible. Alternate format materials (Braille, large print or digital) are available with advance notice.