Baruch College approved this graduate course syllabus this spring - see below for teaching ideas! Congrats and thanks to Marya (marya.cotten@baruch.cuny.edu) for forwarding this syllabus!
COURSE INFORMATION SHEET
Course Title: Sustainability: Law & Policy
Course Number: Law 9____
Name of Instructor: Professor Marya Cotten
Department: Department of Law, VC 9-225
Phone: (646) 312-3605
Office: VC 9-217
Office Hours: [TBD] Please note you do not need an appointment during office hours. If the
Department of Law door is closed, please call me and I will let you in. If the scheduled times do not work for you, please contact me and we can make an appointment for a mutually convenient
time. I am also accessible by email for questions.
E-Mail: marya.cotten@baruch.cuny.edu
Course Description: “Sustainability” means the use of the planet’s resources in a manner that
satisfies society’s current needs without compromising the needs or options of future
generations. This course examines the concept of environmental “sustainability” and the law
and policy governing the operation of businesses with respect to their impact on sustainability.
Topics covered include sustainable business practices, relevant international law and government
policies, challenges and successes in the implementation of laws and strategies related to
sustainability, and legal compliance, disclosure and risk assessment with respect to business
operations and the planet. Analyzing legal risk (current and future) to inform management
decisions will be emphasized.
Syllabus: A week-by-week syllabus is attached to this information sheet.
Specific Learning Objectives: After completing this course, the student should be able:
To define “sustainability” and discuss the different ways business has an impact on the
environment and have a basic understanding of the laws governing such impact.
To identify an alternative model for business that takes its impact on the environment
into account in operating, developing and producing products, and delivering services.
To analyze examples of global sustainable business practices and policies and discuss the
benefits and challenges of such policies and practices in terms of legal compliance,
government incentives and risk management.
To distinguish environmental law requirements from “soft law” standards and industry
codes, as well as involuntary disclosure from voluntary disclosure requirements.
To discuss possible legal, policy and market-based solutions to issues of sustainability
especially those resulting from, or related to, the operation of business.
To analyze hypothetical factual problems related to sustainability which are facing a
business and produce a written analysis of the business challenges and opportunities
presented by these facts, as well as an analysis of the relevant legal issues and how the
law may apply to these particular facts, and produce a recommended course of action.
To understand the role that ethical and inspired business leadership may play in
generating profit while serving as concerned stewards of the environment and complying
with international regulation.
BBA Learning Goals Addressed in this Course: The faculty of the Zicklin School of Business
has adopted eight (8) “Learning Goals” for MBA students. The purpose of these goals is to
create a common understanding between students, faculty and potential employers of the core
objectives for a business education. The eight goals, together with assessment criteria, can be
viewed at:
http://www.baruch.cuny.edu/assessment/documents/MBA_LearningAssurance_Goals_web_vers
.pdf
The following Zicklin Learning Goals will be addressed in this course:
Teamwork and Leadership: Students will develop skills that permit them to function
effectively in teams and be given opportunities to experience, understand and develop
their competencies as leaders.
Ethical Awareness: Students will be sensitive to ethical issues in business, understand
the importance of their behavior and their responsibilities as business people to uphold
ethical principles in their dealings.
Communication: Students will be effective oral and written communicators as leadership
and teamwork in business is dependent on developing shared meaning and commitment
to action fostered through communication.
Knowledge Integration: Students will have working knowledge of all functional areas in
business and apply them in a holistic, analytical and integrative manner to effectively
understand and recommend solutions to business problems.
Global Awareness: Students will be sensitive to differences in perspectives, institutions
and practices among business people from around the world as our global economy puts
a premium on global business relationships.
Expectations of Students/Grades:
Assignments: If you are not in class when an assignment is scheduled to be handed in,
you must email the assignment to me prior to the relevant class period. If you miss a class, you
are required to get notes and other relevant information discussed during class from one of your
classmates. If you have any questions after you review the notes, you should schedule a time to
meet with me.
Readings: Students must read the assigned portions of the text as well as any additional
readings posted on Blackboard or provided in a course packet. From time to time, I may
provide you with additional readings or give you in class quizzes or exercises on the
readings.
Homework Assignments: In addition to the assigned readings which are essential for
classroom discussion, you will turn in three (3) case analysis papers. I will provide a
hand-out with the questions to be addressed in your analysis.
Mid-Term Exam: As a general rule, there will not be any make-up exams given for the
mid-term exams. Mid-term exams will be given in class and are closed book exams.
(Exceptions for serious illness with advance notice to the professor prior to the time of
exam administration and written doctor notes will be considered.) The mid-term exam for
this class will be an in-class essay exam which may include mini-cases where you will
need to apply the theories that you have learned in the readings to a hypothetical business
case.
Final Project: There will be a written final research project, which has an individual and
team component. You will also make an oral presentation on your paper in class with
your team member(s). I will provide more detail for this project and a list of suggested
topics. There will be interim deadlines for this final project to ensure your steady
progress over the semester.
Use of Blackboard: Additional material, including specific readings, handouts,
problems, or exercises will be posted on Blackboard throughout the semester. It is your
responsibility to access Blackboard to retrieve these materials. If you do not have computer and
Internet access that allows you to reach Blackboard, please speak to me so that we can arrange
for you to get course materials.
Use of Other Technology: An e-mail written to a professor (like an e-mail to a boss or
business colleague) should be considered professional correspondence and should be written
accordingly. It should be in formal English, spell-checked, and have a subject line that properly identifies the subject of the e-mail. All e-mail communication from the professor to the students will be sent to the student’s official Baruch e-mail account. Cell phones should be turned off and put away during class. Laptops may be used but if their use becomes distracting, the professor
may ban continued use.
Grading: Your final grade for this course will be computed as follows:
Homework: (3 short papers) 25%
Mid-Term Exam:(essays/mini-cases) 25%
Final Research Project:(oral and written reports): 50%
Your obvious completion of the readings and thoughtful participation in class may be taken into
consideration in determining your overall final grade.
Students should read the Zicklin School of Business Written and Oral Communication
Assessment Criteria, located in the Syllabus section of this course’s Blackboard site. Students
are additionally expected to adhere to writing standards described in The Little, Brown Writing
Handbook, (10th edition) by Fowler and Aaron.
Materials:
Required Textbook(s):
Green to Gold: How Smart Companies Use Environmental Strategy to Innovate, Create
Value and Build Competitive Advantage by Daniel C. Esty & Andrew S. Winston
Course packet: Selected news articles, statutes and codes, case studies and excerpts from
current books (see below)
Course Packet/Required Supplementary Readings:
Additional readings, including the case studies, which are assigned are located in the course
packet available for purchase for this course, posted on Blackboard, or are on e-reserve. Current relevant news articles not listed on the syllabus may be added to Blackboard and assigned by the professor throughout the semester. In addition, the readings may be excerpts or chapters from the following books (this list also serves as optional book recommendations for students interested in reading more on this subject):
Cradle to Cradle: Remaking the Way We Make Things by William McDonough &
Michael Braungart
The Natural Step for Business by Brian Nattrass & Mary Altomare
Mid-Course Correction by Ray C. Anderson
Getting Green Done: Hard Truth from the Front Lines of the Sustainability Revolution
by Auden Schendler
The Ecology of Commerce by Paul Hawken
Stirring it Up: How to Make Money and Save the World by Gary Hirshberg
Natural Capitalism by Paul Hawken, Amory Lovins, & L. Hunter Lovins
Ecological Intelligence: How Knowing the Hidden Impacts of What We Buy Can Change
Everything by Daniel Goleman
Making Sustainability Work: Best Practices in Managing and Measuring Corporate
Social, Environmental and Economic Impacts by Marc J. Epstein
Additional Optional Resources: The professor will post on Blackboard a list of additional books,
articles, and movies which may be of interest to you, or may serve as a resource for your final
project.
Recording Policy: There is no recording of class sessions without prior approval by the
instructor.
Attendance Policy: Class attendance significantly affects success in this course. Students who
are not present for 4 or more occasions will have a maximum possible grade of B, regardless of
grade points. At my own discretion, I may waive this requirement if attendance is deemed
satisfactory. Lateness will not be tolerated. A student who is more than 15 minutes late for a
class session may be marked absent by the instructor.
Academic Integrity: Students are expected to know and adhere to the Baruch College
Academic Honesty Policy, found at
http://www.baruch.cuny.edu/academic/academic_honesty.html. It states, inter alia, that
Academic dishonesty is unacceptable and will not be tolerated. Cheating, forgery,
plagiarism and collusion in dishonest acts undermine the college's educational
mission and the students' personal and intellectual growth. Baruch students are
expected to bear individual responsibility for their work, to learn the rules and
definitions that underlie the practice of academic integrity, and to uphold its ideals.
Ignorance of the rules is not an acceptable excuse for disobeying them. Any student
who attempts to compromise or devalue the academic process will be sanctioned.
I fully support Baruch College’s policy on Academic Honesty. Academic sanctions in this class
will range from an F on the assignment to an F in the course. A report of suspected academic
dishonesty will be sent to the Office of the Dean of Students.
Professor Marya Cotten
The syllabus below is subject to change. Any changes will be announced in class and posted on
Blackboard.
Baruch College
Zicklin School of Business
Department of Law
Sustainability: Law & Policy – [course number]
Instructor – Marya Cotten
OUTLINE OF COURSE
WEEK TOPIC
1-3 Introduction: Environmental Sustainability & the Role of Business
Class 1: Overview of environmental issues (energy, water, natural
resources, pollution/toxic materials, and waste) and what
“sustainability” means
Class 2: Introduction to environmental concerns for business:
issues (legal risk) & opportunities (competitive advantage)
Class 3: Case discussion: Patagonia
[** Case Analysis #1 on Patagonia Due**]
Class 4 & 5: The traditional business model & new paradigms (“cradle to
cradle” design and life cycle analysis)
Class 6: Case discussion: Herman Miller (or McDonalds)
[**Case Analysis #2 on Herman Miller (or McDonalds) Due**]
4-6 Legal Issues in Implementation of Sustainable Business Practices
Class 7: Environmental compliance & risk with toxic materials [Chevron
case]
Class 8: Raw materials [The Lacey Act & Gibson Guitars]
Class 9: “Greening” your supply chain [international standards for supply
chain management]
Class 10: Greening your buildings [LEED, building codes & incentives]
Class 11: Promoting your green victories [FTC “green guides”]
Class 12: Case discussion: IKEA (or Wal-Mart)
[**Case Analysis #3 on IKEA (or Wal-Mart) Due**]
7-9 Regulations and Reporting (Legal Compliance, Disclosure and Assessment)
Class 13 & 14: Environmental standards (ISO 14001, EMAS)
Class 15: [Current proposed legislation]
[**Topic Selection for Final Project Due**]
Class 16: Case discussion: BMW
Class 17: Tools of reporting & assessment (UN Global Compact, Global
Reporting Initiative and SEC directives)
Class 18: **Mid-term exam**
10-11 Approaching the Future: Market Trends & Government Policy-Setting
Class 19: Government-based solutions: tax breaks, subsidies & regulation
Class 20: Market-based solutions: PPAs, green tags, & emissions trading
Class 21: NGO/third-party certification: Eco-labels for products
Class 22: Case discussion: E-Waste
12 Victories and Challenges in Sustainable Business Practice
Class 23: Success: what has worked and why
Company discussion: Interface (Ray C. Anderson)
[**Final Project Research Outline Due**]
Class 24: Why environmental initiatives by companies fail
Company discussion: Aspen (Auden Schendler)
13-14 Your Role: Inspired Business Leader, Educated Consumer & Investor
Class 25: Your role as a business leader, consumer & investor
Class 26: Begin oral presentations of final projects
[**Written Final Projects Due in Class**]
Class 27: Oral presentations of final projects
Class 28: Finish oral presentations of final projects
Thursday, July 22, 2010
Friday, February 19, 2010
Greener Company = Happier Employees
Charlton College of Business Undergraduate Honors student Cassandra Walsh suggested a thesis topic: does the relative reputation of a company for being green impact employee satisfaction? Thesis advisor Prof. Adam Sulkowski and Cassandra found data on the relative reputation of companies for being green and relative employee satisfaction and financial performance information for a total of 113 companies. A regression test was conducted and two hypothesis were tested. The first hypothesis was that relative greeness causes a company to have more satisfied employees. The second hypothesis was that the financial value of a companies impacts employee satisfaction. Firm financial value was shown to have no impact on employee satisfaction. However, the relative reputation of companies for being green was shown to cause companies to have more satisfied employees. This assertion - that a company's reputation for being green positively impacts employee satisfaction - can be made with more than 99.99 percent certainty. A link to the abstract and full paper (soon to be submitted for publication) can be found at http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=482263.
The Charlton College of Business is located at University of Massachusetts Dartmouth (www.umassd.edu).
The Charlton College of Business is located at University of Massachusetts Dartmouth (www.umassd.edu).
Wednesday, December 2, 2009
December 2009 Spotlight on Research
Paulette L. Stenzel, Professor of International Business Law, Michigan State University traveled to Amsterdam and England recently for conferences and research. She presented two workshops: “Eagle and Condor: Fair Trade and Sustainability from the Perspective of Indigenous People of the Andes of Ecuador” at the First International Youth Fair Trade Conference at Coventry University October 30 – November 1, 2009. In addition, she was a delegate to a Fair Trade Conference at the SAID Business School, Oxford University on November 7. During the interim days, she conducted interviews and did research on Fair Trade in the UK and the European Union.
Here is Paulette's contact information and a link to slides co-presented with Janet Hale of Texas State University, San Marco, Carol Miller of Missouri State University and Linda Reid of University of Wisconsin-Whitewater:
http://www.tradeandsustainability.com/malsb-annual-meeting.html
Paulette L. Stenzel
Professor of International Business Law
309 Eppley Center
Michigan State University
E. Lansing, Michigan 48824
stenzel@msu.edu
www.tradeandsustainability.com
Here is Paulette's contact information and a link to slides co-presented with Janet Hale of Texas State University, San Marco, Carol Miller of Missouri State University and Linda Reid of University of Wisconsin-Whitewater:
http://www.tradeandsustainability.com/malsb-annual-meeting.html
Paulette L. Stenzel
Professor of International Business Law
309 Eppley Center
Michigan State University
E. Lansing, Michigan 48824
stenzel@msu.edu
www.tradeandsustainability.com
Monday, November 2, 2009
2010 ALSB meeting speaker!
Joel Eisen, a distinguished expert on, among things, brownfielding (the practice of redeveloping previously polluted real estate) and hence hopefully an interesting speaker to our general ALSB membership, has agreed to speak at the 2010 ALSB conference in Richmond! Prof. Eisen's profile is available at: http://law.richmond.edu/faculty/jeisen.php .
Thanks to Janet Hale for this!
Thanks to Janet Hale for this!
November 2009 Spotlight on Research (and more)
This month's spotlight on research features Bruce Rockwood.
Below is:
- the part of his original e-mail that pertains to research and
- the abstract and copyright information for his paper.
Excerpt from Bruce's e-mail:
In June-July 2008, I presented a paper on my MBA Ethics class exercise on climate change at the World Association of Case Method Research and Application (WACRA) annual meeting held at Napier University in Edinburgh, Scotland. I attach the peer reviewed version of that paper which was published in December, 2008.
I have a paper on corporate disinformation using the tobacco and climate change cases accepted for publication in the next issue of JNABET – more information on that when it comes out.
We had an excellent local one day conference connected to the National Teach-in On Climate Change in February, 2009, and I am on the committee to prepare our involvement for the February, 2010 teach-in.
I recommend people interested in the field join as associates of the Environmental Law Institute (ELI) ---they have a lot of good on-line mid-day conferences on current issues you can watch from your office. And John Dernbach edited an excellent work, “Agenda for a Sustainable America” (ELI, 2009) that I highly recommend.
Take care. Bruce L. Rockwood, J.D. , Professor of Legal Studies and Chair, Finance & Legal Studies Department, Bloomsburg University (Pa).
Copyright information and abstract
International Journal of Case Method Research & Application (2008) XX, 4
© 2008 WACRA®. All rights reserved ISSN 1554-7752
EXPLORING CORPORATE SOCIAL RESPONSIBILITY FOR CLIMATE CHANGE MITIGATION WITH THE STABILIZATION WEDGE ROLE-PLAYING EXERCISE IN AN MBA ETHICS CLASS
Bruce Lindsley Rockwood
Bloomsburg University
BLOOMSBURG, PENNSYLVANIA, U.S.A.
An emerging consensus agrees that anthropogenic global warming causes extreme weather patterns, resulting in flooding, droughts, fires, high insurance costs, threats to human health and the world’s food supply. The business community in the United States has been slow in adapting to this development.
The dual goal of this paper is to present the case for climate change as a genuine challenge and to explain the pedagogical methods the author uses to make students aware of the urgency of the problem and the opportunities created through the acceptance of socially responsible investments in alternative energy projects. The stabilization wedge game (developed at Princeton University) is a useful interdisciplinary exercise for exploring and developing, through teamwork, innovative solutions that are socially responsible and profitable at the same time.
KEY WORDS: Climate change, global warming, business ethics, socially responsible investing, corporate citizenship, corporate social responsibility (CSR), greenhouse gases, scientific consensus, stabilization wedge game, sustainable development, alternative energy, IPCC.
Below is:
- the part of his original e-mail that pertains to research and
- the abstract and copyright information for his paper.
Excerpt from Bruce's e-mail:
In June-July 2008, I presented a paper on my MBA Ethics class exercise on climate change at the World Association of Case Method Research and Application (WACRA) annual meeting held at Napier University in Edinburgh, Scotland. I attach the peer reviewed version of that paper which was published in December, 2008.
I have a paper on corporate disinformation using the tobacco and climate change cases accepted for publication in the next issue of JNABET – more information on that when it comes out.
We had an excellent local one day conference connected to the National Teach-in On Climate Change in February, 2009, and I am on the committee to prepare our involvement for the February, 2010 teach-in.
I recommend people interested in the field join as associates of the Environmental Law Institute (ELI) ---they have a lot of good on-line mid-day conferences on current issues you can watch from your office. And John Dernbach edited an excellent work, “Agenda for a Sustainable America” (ELI, 2009) that I highly recommend.
Take care. Bruce L. Rockwood, J.D. , Professor of Legal Studies and Chair, Finance & Legal Studies Department, Bloomsburg University (Pa).
Copyright information and abstract
International Journal of Case Method Research & Application (2008) XX, 4
© 2008 WACRA®. All rights reserved ISSN 1554-7752
EXPLORING CORPORATE SOCIAL RESPONSIBILITY FOR CLIMATE CHANGE MITIGATION WITH THE STABILIZATION WEDGE ROLE-PLAYING EXERCISE IN AN MBA ETHICS CLASS
Bruce Lindsley Rockwood
Bloomsburg University
BLOOMSBURG, PENNSYLVANIA, U.S.A.
An emerging consensus agrees that anthropogenic global warming causes extreme weather patterns, resulting in flooding, droughts, fires, high insurance costs, threats to human health and the world’s food supply. The business community in the United States has been slow in adapting to this development.
The dual goal of this paper is to present the case for climate change as a genuine challenge and to explain the pedagogical methods the author uses to make students aware of the urgency of the problem and the opportunities created through the acceptance of socially responsible investments in alternative energy projects. The stabilization wedge game (developed at Princeton University) is a useful interdisciplinary exercise for exploring and developing, through teamwork, innovative solutions that are socially responsible and profitable at the same time.
KEY WORDS: Climate change, global warming, business ethics, socially responsible investing, corporate citizenship, corporate social responsibility (CSR), greenhouse gases, scientific consensus, stabilization wedge game, sustainable development, alternative energy, IPCC.
November 2009 Spotlight on Teaching (and more)
This month's Spotlight on Teaching features an e-mail and course information and wisdom from Bruce Rockwood of Bloomsburg University.
His original e-mail and course information are all included below.
Note that the e-mail also includes news on research and his advice that we join ELI.
Thanks, Bruce, for being willing to share your teaching ideas and syllabus!
------
BRUCE'S E-MAIL:
After five years of struggle my course “Environmental Law and Policy for Business” was finally made permanent last April after being offered twice experimentally. It is an elective in our Legal Studies Minor and listed also as a business elective and approved for General Education as part of our “Values, Ethics and Responsible Decision-Making” requirement. I attach my most recent class syllabus as well as the more formal curriculum committee document we had to prepare.
In June-July 2008, I presented a paper on my MBA Ethics class exercise on climate change at the World Association of Case Method Research and Application (WACRA) annual meeting held at Napier University in Edinburgh, Scotland. I attach the peer reviewed version of that paper which was published in December, 2008.
I have a paper on corporate disinformation using the tobacco and climate change cases accepted for publication in the next issue of JNABET – more information on that when it comes out.
We had an excellent local one day conference connected to the National Teach-in On Climate Change in February, 2009, and I am on the committee to prepare our involvement for the February, 2010 teach-in.
I recommend people interested in the field join as associates of the Environmental Law Institute (ELI) ---they have a lot of good on-line mid-day conferences on current issues you can watch from your office. And John Dernbach edited an excellent work, “Agenda for a Sustainable America” (ELI, 2009) that I highly recommend.
Take care. Bruce L. Rockwood, J.D. , Professor of Legal Studies and Chair, Finance & Legal Studies Department, Bloomsburg University (Pa).
------
BRUCE'S SYLLABUS:
BLOOMSBURG UNIVERSITY PROF. BRUCE L. ROCKWOOD
COLLEGE OF BUSINESS
BLOOMSBURG, PA. 17815 SPRING 2009
98-350-01. Environmental Law & Policy. T-Th, 2pm - 3:15pm Sutliff 131.
1. Texts:
a. Richard J. Lazarus and Oliver A. Houck, eds. Environmental Law Stories, Foundation Press/Thomson West, New York: 2005 (paper). [ELS]
b. James Salzman & Barton H. Thompson, Jr., Environmental Law and Policy, 2nd ed., Foundation Press/Thomson West, New York: 2007. [EL&P, 2nd]
c. In-class handouts & videos, and references on Blackboard.
2. Catalog Description:
Introduces environmental law and policy, emphasizing the origins, purposes and methods of contemporary environmental law, its scientific, ethical and global context, and its impact on business and society. Topics include: common law and statutory foundations; the regulatory toolkit; constitutional law issues (e.g., property rights); citizen participation in environmental litigation; and the major acts and treaties, including the Clean Air Act, Clean Water Act, Endangered Species Act, Resource Conservation Recovery Act, CERCLA (Superfund), Waste Management, NEPA, the Montreal Protocol, and Climate Change.
3. Goals & Objectives:
Provide a foundation in environmental law and policy for students in business and environmental studies who will face careers where environmental regulatory training and compliance will increasingly be emphasized. Provide students with an understanding of the range of ethical, legal, and practical perspectives that are brought to bear in developing and implementing environmental law and policy. Provide students with an opportunity to see how science and technology impact law, policy and responsible business decision-making in the face of environmental externalities.
4. Evaluation Procedures: Paper presented in class; objective & essay exams, and a final take-home essay exam. Attendance & participation will be taken into account.
5. Office hours: Monday through Thursday, 10am-10:50am, and 12:50-1:50pm, & by appointment, in Sutliff 223. I am often in at other times, so feel free to stop by anytime. Office phone is: Ext. 4760. You can e-mail me at anytime & expect a prompt reply: rockwood@bloomu.edu
6. Experimental Course: This is the second of two offerings of this class as an experimental course, as we revise it and seek to make it permanent. It has been approved for this offering as an elective in the Environmental Planning option in the Geography & Geosciences Major, and is a part of the Legal Studies Minor (LSM) and a business elective. I would like to consider whether it can also be approved as a Values, Ethics & Responsible Decision-Making course in general education, and to incorporate your advice in assessing the value of various videos, readings and projects as we determine how best to refine the course. For now, for example, it has no prerequisites, so those of you who have not taken another law related class such as 98-331 Law & the Legal Environment may not be familiar with some of the terms (common law, equity, injunctions, etc.) used in the text. I will try to review and clarify any questions you have as we go along. My goal is to have this be an interdisciplinary class in which we can learn from each other, with those having backgrounds in science, statistics, economics, political science, risk assessment and/or business helping each other to see connections and spot issues and areas worth discussing. I would also like to pursue further collaboration across our various Colleges at BU, and see if we can establish an Environmental Institute in which business, science and social concerns can be addressed and a contribution to our regional community can be explored.
This semester there is a BU campus event linked to the National Teach-In on Climate Change on Thursday, February 5th and I ask you to participate in that program on that day as part of this course. Details will be distributed shortly, and you can check the national program’s goals and plans at their web site: http://www.nationalteachin.org/ .
7. Recommended viewing at home to give you background on the course :
On your own time, try during the next month to watch the video or DVD of either “A Civil Action” (Toxic exposure caused childhood leukemia cluster in Woburn, Mass.), based on Jonathan Harr’s excellent book; see: http://www.usfca.edu/pj/articles/Civil_Action-Asimow.htm or
“Erin Brockovich” (suit for contamination of drinking water with chromium VI, which led to $333 million settlement; see: http://en.wikipedia.org/wiki/Erin_Brockovich) .
When you watch either (or both) films, think about the role of citizens in pursuing redress for their injuries, even in the face of scientific uncertainty; the role of tort (plaintiffs) attorneys in providing representation (on a contingent fee); and the actions of the corporations and their attorneys in terms of whether or not they provide complete and accurate discovery, and how they participate in the legal process.
Questions we will consider over the entire semester include: Does civil litigation, either under the common law, or in enforcing environmental rules, provide an adequate solution to the needs of injured parties, and the protection of environmental values? If not, do agencies like the EPA or FWS, in enforcing the statutes, regulations and treaties that make up contemporary environmental law, do a significantly better job? Does the success of environmental policy depend on research, politics, protest, citizens suits and publications, in the manner of Rachel Carson, David Brower, Amory Lovins, & other individual citizen activists? Is the success or failure of environmental law of greater importance than other types of law? Consider the impact of Al Gore’s slide show and film, “An Inconvenient Truth.” See: EL&P, at 75-84.
8. Paper assignment: Write an 8 to 10 page, double-spaced term paper on one of the “stories” discussed in ELS, or on a topic in climate change, or another agreed topic, to be presented in class during the last few weeks of the semester. You should prepare power point slides to go with your in-class presentation. 20% of your grade. Details to be distributed in class.
8. Schedule this semester:
Week One:
Tuesday January 13:Introduction. Go over Syllabus, and information on Blackboard. Play
DVD: “Rachel Carson’s Silent Spring.”
Homework for this week: Read the Introduction to ELS & Chapter 1 (the Boomer case), and the Preface & Chapter 1 of EL&P.
Thursday, January 15: Discuss background of the environmental movement of the 20th century and the role of Rachel Carson. Discuss readings, including questions at page 12 of EL&P. Begin playing DVD: “Monumental: David Brower’s Fight for Wild America.”
Homework: Become familiar with the work of environmental NGOs through their web sites, some of which are posted on Blackboard, and others listed in the Syllabus. Read EL&P Chapter 2.
Week Two:
Tuesday, January 20: Discuss the themes & frameworks on environmental law in Chapter 2 of EL&P, & the evidence of the Boomer case on the need for statutes & regulation to go beyond common law protections for environmental harms, such as nuisance and trespass. Discuss the questions at pp 41-42. Continue watching “Monumental.”
Homework: Since this is inauguration day, be sure to review the articles I posted on Blackboard about the transition to the Obama environmental & energy team, so we can discuss the implications of the transition on Thursday.
Thursday, January 22: Discuss the differences between presidential administrations and enforcement of environmental law.
Homework: EL&P, Chapter 3. Prepare to discuss questions at pp 84-85.
Week Three:
Tuesday, January 27: Discuss Chapter 3 of EL&P.
Thursday, January 29: Complete discussion of Chapter 3. Video on legislative process involving the Clean Air Act Amendments of 1977.
Homework: To prepare for Climate Teach-in, read EL&P, pp 111-136, & Chapter 10.
Week Four:
Tuesday, February 3: Discuss the Ozone depletion case and how it set the paradigm for subsequent international discussions of Climate Change. Video on climate change basics.
Thursday, February 5: Participate in Climate Teach-In. I will play a DVD on climate issues during class time, and ask that you participate in at least one other activity during the teach-in and report to the next class on what you did and what you learned.
Week Five:
Tuesday, February 10: Discuss climate change and lessons of the teach-in. What are the risks that climate change poses to society? How should we address them? How can we overcome obstacles to success? Discuss implications of Massachusetts v. EPA, No. 05-120 (April 2, 2007, which found that the EPA can (and probably should) regulate CO2 as a pollutant under the Clean Air Act.
Homework: Read the balance of EL&P Chapter 4 (the Clean Air Act), and Chapter 6 of ELS (the Chevron story).
Thursday, February 12: Lecture on the Clean Air Act. Discussion of Chevron story.
Homework: Complete this unit, and review.
Week Six:
Tuesday, February 17: Video on informal rulemaking under the Clean Air Act. Discuss.
Thursday, February 19: Complete unit on Clean Air Act. Review session.
Week Seven:
Tuesday, February 24: In-Class Midterm exam: 25% of grade.
Homework: The Endangered Species Act (ESA) and TVA v. Hill: EL&P, Chapter 9, and ELS, Chapter 4.
Thursday, February 26: Begin discussion of the importance of the ESA.
Homework: Continue readings in this unit, and begin work on your term papers.
Week Eight: March 2-6: No classes: Spring Break. Drive Safely & Wear Your Seatbelts!
Week Nine:
Tuesday, March 10: Lecture & discussion of ESA and TVA v. Hill case.
Thursday, March 12: Continue this unit.
Homework: NEPA: EL&P, Chapter 11, & ELS, Chapter 3 (Calvert Cliffs).
Week Ten:
Tuesday, March 17: Discuss NEPA and its role in environmental law & policy.
Thursday, March 19: Continue this unit.
Homework: Water Pollution, EL&P, Chapter 5; Toxic Substances, EL&P, Chapter 6; and ELS, Chapter 2 (the Reserve Mining case); and the evolution of the precautionary principle.
Week Eleven:
Tuesday, March 24: Lecture & Discussion on water pollution, toxic substances, and the Reserve Mining case.
Thursday, March 26: Continue this unit.
Homework: Review for test.
Week Twelve:
Tuesday, March 31: Review session. Time permitting, begin video, “Trashed.”
Thursday, April 2: Second Midterm, 25% of grade.
Homework: EL&P, Chapter 7: Waste Management. Work through problems at p. 232.
Week Thirteen:
Tuesday, April 7: Discuss Waste Management Unit. Video “Trashed.”
Homework: Finish Chapter 7, EL&P.
Thursday, April 9: Finish Waste Management unit.
Week Fourteen:
Tuesday, April 14: 10% Objective quiz on waste management.
Homework: Prepare to present your in-class presentations on your term papers.
Thursday, April 16: In-class presentations begin. Time permitting, each person will get 15 minutes. Time for questions will be allowed, and papers may be revised after your in-class presentation before being submitted to me in writing.
Week Fifteen: Last week of class this semester.
Tuesday, April 21: Continue in-class presentations.
Thursday, April 23: Complete in-class presentations. Distribute take-home final essay exam questions, which will be worth 20% of the course grade. Final essay exams may be submitted in hard copy at my office by Friday, May 1, or e-mailed to me, NLT 4pm on Saturday, May 2, 2009: rockwood@bloomu.edu
Final drafts of term papers should be submitted to me by the end of finals week, 4pm on Friday, May 1. Term papers should be submitted in hard copy, and printed copies of power points used in class should be attached.
Thank you.
Selected Web Sites on Environmental Law & Policy. See also: Lexis/Nexis Academic Universe and Westlaw databases, on-line at Andruss Library; and links on Blackboard.
U.S. Law
American Bar Association, Section of Environment, Energy & Resources:
http://www.abanet.org/environ/
Findlaw: http://lp.findlaw.com/
Jurist: http://jurist.law.pitt.edu/
Legal Information Institute (LII), Cornell University Law School:
International Law
American Society of International Law (ASIL) Guide to Electronic Resources for International Law - International Environmental Law Link: http://www.asil.org/resource/env1.htm
Europa - European Commission - Sustainable Development: http://ec.europa.eu/environment/eussd/
UN Environmental Program (UNEP): http://www.unep.org/
Intergovernmental Panel on Climate Change (IPCC): http://www.ipcc.ch/
UN Development Reports: http://hdr.undp.org/en/statistics/
U.S. & State Government
NASA: http://www.nasa.gov/
NOAA (National Oceanic & Atmospheric Administration): http://www.noaa.gov/
U.S. Dept of the Interior: http://www.doi.gov/
U.S. Army Corps of Engineers: http://www.usace.army.mil/
Pa. Dept of Environmental Protection: http://www.depweb.state.pa.us/dep/site/default.asp
Academic, Newspaper, Consulting & Non-Governmental Organizations (NGOs) Web Sites
Alliance for Climate Change (Al Gore’s): http://www.climateprotect.org/
Carbon Mitigation Initiative (C.M.I.), Princeton University: http://www.princeton.edu/~cmi/
Carbon Tax Center: http://www.carbontax.org/
Ceres: Investors & Environmentalists for Sustainable Prosperity:
http://www.ceres.org/NetCommunity/page.aspx?pid=705
Dot Earth: New York Times Discussion on Climate Change & Sustainability:
http://dotearth.blogs.nytimes.com/
Earth Island Institute: http://www.earthisland.org/
Ecological Society of America: http://www.esa.org/
Energy Challenge, New York Times: http://www.nytimes.com/ref/science/earth/energy.html
EnviroLink Network: The On-Line Environmental Community: http://envirolink.org/sitemap.html
Environmental Defense: http://www.environmentaldefense.org/home.cfm
Environmental Law Alliance Worldwide (ELAW): http://www.elaw.org/
Environmental Law Institute (ELI): http://www2.eli.org/index.cfm
Erin Brockovich Official Site: http://www.brockovich.com/
Friends Committee on National Legislation: http://www.fcnl.org
Friends of the Earth (FOE): http://www.foe.org/
Greenpeace: http://www.greenpeace.org/usa/
International Organization for Standardization (ISO): International Standards for Business, Government & Society: http://www.iso.org/iso/pressrelease.htm?refid=Ref1099
National Association of Environmental Law Societies: http://www.naels.org/
National Audubon Society: http://www.audubon.org/
National Public Radio (NPR) Climate Connections: http://www.npr.org/templates/story/story.php?storyId=9657621
National Wildlife Federation: http://www.nwf.org/
Natural Resources Defense Council (NRDC): http://www.nrdc.org/
Penn Future: http://www.pennfuture.org/
Rocky Mountain Institute (RMI) (Amory Lovins): http://www.rmi.org/
Sierra Club: http://www.sierraclub.org/
Smart Growth Online: http://www.smartgrowth.org/default.asp
Stanford Environmental Portal: http://environment.stanford.edu/cgi-bin/index.php
Technology Review (published by M.I.T.): http://www.technologyreview.com/index.aspx
The Breakthrough Institute: http://www.thebreakthrough.org/
Union of Concerned Scientists (UCS): http://www.ucsusa.org/
Worldwatch Institute: http://www.worldwatch.org/
Textbook Concordance: Environmental Law & Policy, 2nd & Environmental Law Stories.
EL&P, 2nd : ELS:
Chapter 1: Introduction
Pollution, p 9, mentions Ch. 1, Boomer, shows limits
trespass and nuisance. of common law & equity.
Chapter 2: Perspectives
Basic Themes - Scientific Uncertainty. Ch. 2, Reserve Mining.
See: Cass Sunstein, Laws of Fear, for a
detailed discussion of risk & decision-
making in conditions of uncertainty.
Chapter 3: Practice of Environmental
Protection
Trespass and nuisance at p. 44. Ch. 1, Boomer.
Administrative Law & Rulemaking Ch. 5, Benzene rulemaking & risk
at pp 58-64. assessment.
Ch. 6, Deference to agency
interpretation of its own statute,
Chevron deference
Constitutional issues in rule-making
including commerce clause power (65-67) Ch. 9, SWANCC.
[see 203-209, dormant commerce clause]
& the non-delegation doctrine (68-70). Ch. 10, American Trucking.
5th Amendment: regulatory takings (70-75). Ch. 8, Lucas.
Citizen suits & standing to sue (77-84). Ch. 7, Laidlaw.
Chapter 4: Air Pollution Ch. 6, Chevron, CAA rulemaking.
CAA (87-111)
Ozone (111-120)
Climate Change, 120-135.
Climate change litigation, 133-135. Since the book was revised, the Supreme Court in
Massachusetts v. EPA, No. 05-120 (April 2, 2007) held that the CAA applies to CO2 and the EPA can regulate it. California & other states have asked the EPA to approve strict CO2 standards, the EPA declined to do so, and California filed suit against the EPA.
Chapter 5: Water Pollution Ch. 9, SWANCC. [See also p.67.]
[See Section 404, CWA, at
267-276 in Chapter 9.]
Chapter 6: Regulating Toxic Substances
Significant vs acceptable risk, Ch. 5, Benzene case.
168-169.
Precautionary principle, 174. Ch. 2, Reserve Mining.
Chapter 7: Waste Management Ch. 9, SWANCC concerns a waste-
Basel Convention (209-215) management facility opposed by
CERCLA (Superfund) (215-231) local communities, who use the
Clean Water Act in an attempt to
stop the landfill.
Chapter 8: Trade & Environment
Chapter 9: Wetlands, Endangered Species,
& the Public Trust
SWANCC (267-270) Ch. 9, SWANCC.
Section 7(a)(2) of the ESA, the
Precautionary Principle, & TVA v Hill, Ch. 4, TVA v. Hill.
at pp 283-288.
Constitutional challenges to
Section 9 of the ESA, 293-294. Ch. 8, Lucas.
Chapter 10: Energy & Water
Chapter 11: NEPA Ch. 3, Calvert Cliffs.
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