Environmental and Natural Resource Law

Administrative law establishes the legal controls over the operation of government and hence it relates to almost every legal practice, from security regulation to social programs to criminal justice. This coure is an introductory examination of the rules and procedures government federal agencies. It explores: (1) the Constitutional background and limitations on agency action, (2) the procedural requirements (from various sources) that an agency must follow, and (3) the doctrines of judicial review that apply whenever a court evaluates agency decisions. Close Window

A study of the nature and causes of environmental pollution and of the main legal techniques for its control. The course will consider the common law, the environmental impact assessment process (e.g., the National Environmental Policy Act), and the basic regulatory framework for air, water and solid and hazardous waste control (the Federal Clean Air Act, Clean Water Act and Resource Conservation and Recovery Act), with attention given under each statute to the basic regulatory framework and the main policy issues presented by it. Close Window

An analysis of the legal principles governing the use and management of land and the fundamental values underlying those principles. While focusing primarily on government regulation of land use, the course also will examine common law rules which affect the way that land is used. Topics that might be considered include judicial control of land use, zoning and the rights of landowners, zoning and the rights of neighbors, land use planning, public regulation of land development, aesthetic regulation, and the preservation of natural and historic resources. Close Window

This seminar offers a practical survey of legislative and regulatory effects and litigation on behalf of animals under U.S. and International law. The course will address the historical status of animals in the law; the current application of animal protection laws for companion animals, wildlife, and farm and other domesticated animals; legislative efforts and citizen initiatives to strengthen animal protection laws; and the limitations on implementation and enforcement of laws addressing anti-cruelty, wildlife, marine mammal and other areas of animal protection and the impacts of free speech, religious expression, and other Constitutional provisions on animal protection statutes will be explored. Close Window

This course takes a multi-disciplinary approach to the law and policy concerns of disasters, such as Hurricane Katrina and the coronavirus pandemic. Frameworks for analysis include governmental power to respond; the role of public and private actors; statutory and regulatory responses; social vulnerability and loss of culture; compensation and risk spreading; and political leadership. This course counts towards the "Group B" requirements of the Environmental Law concentration. Close Window

Property rights and the sovereign's power of eminent domain have been essential components of Anglo-American law for centuries, and the protection of the right of private property ownership is one of the foundations on which the U.S. Constitution, the Bill of Rights, and the post-Civil War Amendments are built. This course will introduce students to the practical lawyering and analysis necessary for eminent domain practice, including the nuts and bolts of takings practice as well as the study of recent (and ongoing) U.S. Supreme Court cases. In addition, this course will focus on the history, policy, and, to some extent, the politics of property rights, eminent domain law, and related legal topics. We will examine how the right of private property was developed in common and constitutional law, the relationship of property rights to other civil rights and the sovereign's power to take land, the role of federal and state courts in protection of property rights, how private property squares with environmental law, and the proper "place" of property rights in the modern administrative state. Course materials will be cases and selected portions of books and journal articles, and other materials which will be made available. Grading will be based on a take home paper and class participation. Close Window

This course will focus on the intellectual and doctrinal framework that governs Federal Indian law: its origins (and, some hope, its future) in international law; the sources and scope of Federal authority over Indian affairs; allocation (among Tribal, State, and Federal governments) of civil, criminal, and regulatory jurisdiction in Indian country; and Tribal sovereign immunity. The course also will examine the recent acknowledgment - both administrative and legislative - of seven Indian Tribes in Virginia. Close Window

The course provides an introduction to federal natural resources law, with an emphasis on living resources. We will examine the theoretical conflicts that underlie various approaches to resource management, as well as the special qualities of natural resource problems that render management efforts difficult. Focusing on the legal treatment of fisheries and marine mammals, wildlife and biodiversity, water resources, forests and preserved public lands, we will probe the complex interplay between environmental, economic, cultural, and political factors in natural resource decision making. Note: this class does not meet every year. Close Window

This course will provide an in-depth examination of a specialized area of environmental law – toxic substances and hazardous waste. Principal coverage will focus on federal regulation of hazardous waste under the Resource Conservation and Recovery Act (RCRA) and the remediation of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). The course will also address, to a more limited extent, the manufacture, import and use of industrial chemicals under the Toxic Substances Control Act (TSCA) and the sale and use of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The basic science of toxic substances and their effects and the policy foundations upon which the law of toxic substances and hazardous wastes has been built will also be reviewed. There is no pre-requisite; however, LAW 424 Environmental Law is recommended. Close Window

What do rivers on fire, giant floating mats of seaweed, and coal mining in Appalachia all have in common? The Clean Water Act. This course will explore the history of the Clean Water Act, discuss its mechanisms for limiting water pollution, and analyze how far we've come in achieving Congress' goal of protecting water quality so that America's water bodies are 'fishable and swimmable.' Close Window

This course will combine a general survey of U.S. water law and policy with an examination of water law doctrines, institutions, and policy issues. One goal of this course is to give students a basic introduction to the laws and institutions that have shaped the use, development, and preservation of water throughout the United States. Thus, we will examine the legal principles and doctrines that have shaped the use of surface water and groundwater in different jurisdictions across the United States, as well as the evolution of public and private rights in these resources. In addition, this course will examine how water law doctrines and water law institutions have evolved to influence the development and preservation of other important resources, including but not limited to biodiversity, coastal and marine resources, energy, and land use. Close Window