Course Description
Discussion of economic and political choices regarding environmental quality that involve trade-offs. Environmental laws and regulatory actions that necessitate costly actions will be reviewed. The liability causes of action that create potential costs that affect business performance will also be discussed.
Athena Title
Business of Environ Law Honors
Equivalent Courses
Not open to students with credit in AAEC 4050, AAEC 4050E, ENVM 4250, EHSC 4250, ENVM 4930, AAEC 4930, ENVM 4930E, AAEC 4930E, AAEC 6050, AAEC 6050E, ENVM 6250, EHSC 6250, ENVM 6930, AAEC 6930, ENVM 6930E, AAEC 6930E
Prerequisite
Third year standing and (POLS 1101 or POLS 1101E or POLS 1105H or HIST 2111 or HIST 2111E or HIST 2111H or HIST 2112 or HIST 2112E or HIST 2112H) and permission of Honors
Semester Course Offered
Offered spring
Grading System
A - F (Traditional)
Course Objectives
To combine environmental quality with business and political objectives to enable students to see the tradeoffs. The substantive information will allow students to discuss conflicts and compromises, and to enunciate ways that businesses and environmentalists might work together to achieve common objectives for a healthy society. To introduce students to the basics of environmental law to learn how laws and regulations affect their lives, jobs, and businesses. To discuss eliminating prejudices through legislation. To become aware of the requirements to start a lawsuit and appear in a court. To discern how to meet the standards of care required to avoid a lawsuit in negligence. To evaluate alternative property assessment options for qualifying agricultural and conservation use property. To analyze damages accompanying tort litigation, conflicting interests of compensating victims, and prejudices incorporated in recovery statutes. To learn how statutory provisions change common law and affect business activities. To discern how legislatures may react to individual needs and special interest requests to change the law. To evaluate annoyances under nuisance law and how property owners, businesses, and people can respond to competing interests and conflicting land uses. To learn the basics of zoning, the resolution of conflicting interests, provision of public services, and providing for the community good. To analyze the options of responding to conflicts involving wastes and the proper disposal of wastes. To learn how agencies operate and presumptions concerning their activities. To learn about administrative requirements for adopting new regulations and prosecuting violations. To analyze the permitting requirements of the Clean Water Act and how they are implemented. To identify and discuss choices in energy policy and societal goals. To analyze requirements of the Clean Air Act and opposing health and business objectives. To identify the basics of real property law and the defense of property. To enunciate governmental responsibilities in large projects affecting the quality of the environment. To discuss our country’s response to international obligations. Special Honors Assignment: Every student will be a member of a debate team and prepare a topic for an oral debate. Prior to the debate, each team will write a legal brief supporting their position. The teams will then debate each other in class.
Topical Outline
-Introduction and Nuisance Law: Anti-nuisance legislation, capital investments, coming-to-the nuisance, injunctive relief -Real Property: Contracts, deeds, defense of property, co- ownership, transfers, liens, leases, easements, covenants -Environmental Tort Liability: amount of care, comparative negligence, assumption of risk, citizen suits -Environmental Tort Liability: collateral sources, damages limitations, business organizations, agency, ADR -Hazardous Wastes and Wastes: potential parties, joint and several liability, releases, insurance, preferences, audits -Preemption: municipal and state rights -Water Pollution: Clean Water Act, discharges, permitting system, enforcement -Land Use and Zoning: Petitions for rezoning, variances, special permits, spot zoning -Taxation and Assessment, Takings: assessed value, eminent domain, inverse condemnation -Becoming Green and Sustainability -Debates -Energy Policy, Treaties and International Environmental Law