Environmental Law II
LAW 771 | 2-3 Hours
This course explores the regulation of toxic substances and the cleanup of uncontrolled releases of hazardous substances. This course begins with a focus on the way in which the regulation of toxic chemicals has evolved under the Clean Water and Clean Air Acts. It then proceeds to a more extended study of the two primary statutes that deal with toxics: the Resource Conversation and Recovery Act (which regulates the disposal of solid and hazardous waste) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). In addition to examining the regulatory and cleanup strategies contained in these statutes, we will pay particular attention to the issues of enforcement and judicial review. Finally, the course will look at the special way in which we regulate pesticides and the production and commercial use of toxic chemicals — and how we have tried to use the spotlight of public attention to reduce the discharge of toxics to the environment. The course has particular relevance for those who are aiming for a career in environmental law since much of the work done in the private sector was well as the governmental and NGO sectors involves either RCRA or CERCLA. Environmental Law I is NOT a prerequisite for the course.