Download Professor Bradford Mank, James B. Helmer, Jr. Professor of Law,

Professor Bradford Mank, James B. Helmer, Jr. Professor of Law, [email protected].
ENVIRONMENTAL LAW II
Spring 2016
Class Schedule: Tues. & Thurs. 3:05-4:30 Room 208
This seminar will examine the emerging issue of climate change. It will also address energy law issues related to
climate change. The required casebook is Michael B. Gerrard & Jody Freeman Eds., GLOBAL CLIMATE CHANGE AND U.S.
LAW, Second Edition American Bar Association 2014 (ISBN: 978-1-62722-741-4). Please contact Lori Strait about
ordering for a special rate. If you do not order within the required time frame then you must pay a higher price (This is
the ABA’s price policy over which I have no control). I may also assign additional cases to read.
This three-credit seminar fulfills one of your writing requirements. You must write a thirty page (including
footnotes) paper. With my approval, you may write a paper on a wide range of environmental issues. You may write a
paper on a topic unrelated to climate change if I approve the topic.
First Assignment: Read Michael B. Gerrard’s Introductory chapter, pp. 3-31 (I will only assign the textual pages in each
chapter and not the footnotes, which are extensive for many chapters). However, We will watch the video, Six Degrees
Could Change the World during most of the first class.
On March 17th, you must give me a two-page outline of your proposed paper topic. On March 24th or 26th,
you must meet with me to discuss your progress on the paper. During April, you must “teach” a class and make a
presentation lasting approximately 40 minutes, which will count for 25% of your overall grade in the course. The
paper will be due on the first day of examinations, 5:00 p.m. on Monday, May 2nd, 2016. For good cause and if your
presentation is acceptable, I may grant an extension until the second deferred examination day, noon, on Friday, May
13th, 2015. All papers must be delivered to the Registrar's Office or sent to me by e-mail.
If you e-mail me your paper, your paper is not received until I acknowledge receipt and that I can open your attached
paper on my computer.
I reserve the right to take class attendance, preparation or performance into account in assigning a final grade. I
will give participation points only if you can meaningfully respond to my questions, which involves a judgment call on
my part. I may increase your grade for good class participation, up to one full letter grade, or reduce it to a failing grade
for lack of class attendance, preparation or performance. If you are a little shy or need a nudge to participate, please email me if you want me to call on you even when your hand is not raised.
I reserve the right to take class attendance, preparation, and performance into account in assigning a final grade.
I reserve the right to fail any student who has any unexcused absences.
You may not record or tape my class without my permission.
Laptop and Electronic Device Policy: You may use your laptop only for classwork. However, I think
that you would be better prepared for the examination and class participation if you do not use your laptop
for note taking and instead use a paper notebook. You may not use your laptop, cell phone or any other
electronic device during class to text, e-mail, chat, read, check the internet or play games during class. You
may use your laptop during our review session(s) at the end of the semester.
Learning Objectives:
(1) Learn the basic scientific arguments for why climate change may be occurring, and the international
political response to the issue
(2) Learn how the U.S. federal government and states have responded to climate change
(3) Learn how fossil fuels, nuclear power and renewable power currently supplies electricity in the U.S.
and how that might change in the future
(4) Give a 40-45 minute presentation that may or may not include Power Point at the student’s discretion
(5) Write a seminar paper that meets the College of Law’s expectations. The paper may be either legally
oriented, policy oriented or both. I give students significant choice in choosing a topic that relates to domestic or
international issues relating to climate change, energy or environmental laws, but I reserve the right to reject or
modify a topic.
Professor Mank’s office hours (Room 425) are usually immediately after class ends, but once a month on
Thursdays I have a meeting shortly after class. He can also make appointments for other times.
First Assignment: We will watch the video, Six Degrees Could Change the World. But please read Michael B. Gerrard’s
introductory chapter, pp. 3-31 (I will only assign the textual pages in each chapter and not the footnotes, which are
extensive for many chapters)
Second Class: The Evolution of U.S. Climate Change Policy pp. 83-107, which provides an overview of issues discussed
in more detail in other chapters.
Third Class: The International Climate Regime pp. 37-68
Fourth Class: Clean Air Act Regulation pp. 117-143 plus Massachusetts v. EPA, 549 U.S. 497 (2007); Utility Air
Regulatory Group v. EPA, 134 S. Ct. 2427 (2014); and summary of EPA’s Clean Power Plan proposed regulation of
Greenhouses Gases Under 111(d) of the Clean Air Act (I will provide a summary).
Fifth Class: Environmental Impact Review pp. 153-174 plus High Country Conservation Advocates v. U.S. Forest
Service, 2014 WL 2922751 (D.Colo.2014)
Sixth Class: Endangered Species Act, pp. 183-196 plus In re ENDANGERED SPECIES ACT LISTING AND
SECTION 4(D) RULE LITIGATION—MDL, 709 F.3d 1 (D.C. Cir. 2013); Alaska Oil And Gas Ass'n V.
Salazar, 916 F.Supp.2d 974 (D. Alaska. 2013)
Seventh Class: Corporate Disclosures Regarding Climate Change, pp. 205-230 and Civil Remedies, pp. 239-260
Eighth Class: Regional Initiatives to Reduce Greenhouses Gases, pp. 271-295 plus Rocky Mountain Farmers Union v.
Corey, 740 F.3d 507 (9th Cir. 2014) (denying rehearing en banc) and North Dakota v. Heydinger, 2014 WL 1612331 (D.
Minnesota 2014).
Ninth Class: State Initiatives, pp. 303-329 and Cap and Trade, pp. 341-363
Tenth Class: Local Initiatives pp. 375-399 and Electricity Background and Trends pp. 413-435
Eleventh Class: Electricity Background and Trends (2nd half of chapter) pp. 435-450 and Electric Power Generation
Fuels, pp. 461-488
Twelfth Class Transportation and Land Use 505-532 and Transportation Fuels pp. 543-571
Thirteenth Class: Carbon Capture and Sequestration, pp. 581-602 and Water and Climate Change pp. 621-640
Fourteenth Class: Agriculture and Forestry, pp. 649-667 (please re-read the section on international efforts to reduce
deforestation known as REDD+ activities, pp.52-60) and Climate Adaptation Law pp. 677-706
Fifteenth Class: Geoengineering, pp. 715-737 and NonClimate International Instruments, pp. 747-778
Sixteenth Class: U.S. Climate Change Law & Policy: Possible Paths Forward, pp. 795—822 plus make up of any missed
material
Thursday March 17th Presentation by Librarians Ron Jones and Jim Hart on International Law, International
Environmental Law and Energy Law research
Week Before Spring Break: Paper Topics & Short Outline Due
Spring Break, March 21st-25th
Week after Spring Break: Paper conferences
April: Paper Presentations
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Note: The information contained in this syllabus is subject to change, and you are responsible for all
revisions announced in class. The course outline is tentative and topics will be covered as time permits.