LAW 659LEC - Environmental Litigation

This short course, co-taught by a practicing environmental litigator and the director of the clinical program, investigates principles of environmental litigation. The course will cover fundamental elements of litigating environmental cases including topics like standing, ripeness, administrative courts, and basics of administrative law and civil procedure. While environmental litigation involves principles and struggles common to all litigation endeavors, environmental cases face a particular challenge when it comes to justiciability and jurisdiction. It is frankly harder for environmental litigants to meet standing requirements. Determining the appropriate timing or venue for an environmental case is an added challenge. To the benefit of environmental litigants, many laws also provide specific provisions that enable citizen challenges to environmental degradation. This course will give an introduction to some of the aspects of litigation that pose a particular problem for environmental litigants as well as cover some of the main tools (citizen suits and the Administrative Procedure Act) that help environmental litigants obtain relief. There is no exam for this course. Instead students will be graded on in class exercises and written work. This course qualifies as credit toward the environmental law certificate. It will be of interest to any environmental students as well as any students interested in litigation generally. It is required for the students on the National Environmental Law Moot Court team.

Credits: 1