ENVIRONMENTAL LAW PRACTICUM:
COURSE SYLLABUS
University of Houston Law Center
Spring 2019
Professor Tracy Hester
Office: 142 TUII
Office hours: Tuesdays 1:30 pm - 4 pm
or
by appointment (including evenings)
(713) 743-1152 (work)
(713) 775-8874 (cell)
tdheste2@central.uh.edu
Course Subject Matter: This course will overview key areas of practice within environmental law such as regulatory counseling and permitting, civil enforcement, criminal liability, private litigation over environmental contamination, policy advocacy, and environmental aspects of commercial transactions. Each lecture topic will be paired with a separate presentation by a guest speaker who practices in that area, and who will provide examples of live projects and cases for class review. These speakers may include the Harris County Attorney (civil enforcement), the Galveston Bay Foundation (permitting), the Harris County District Attorney (criminal), the Audubon Society (policy advocacy) and others.
Course objectives: To prepare students to counsel clients on environmental law matters and ways to assure or enforce environmental compliance strategies and obligations.
Textbook: I will provide a collection of selected readings to students. I will also try to have these materials posted on a class website.
Office Hours: My office is at TUII 142, and my office hours are on Tuesdays at 1:30 pm to 4 pm. Many of you will likely have schedule conflicts based on other classes or daytime work obligations, so I'm also happy to schedule a meeting anytime if you have difficulty getting to my office during those hours. I can also rely extensively on e-mail queries to help students.
Grading and Explanation: Final grades will be based on performance on work projects provided by speakers, class participation, and brief papers to accompany special guest sessions. While classroom participation is very important, as per University policy I can only adjust a student's grade up or down one notch (e.g., from a B to a B+) on the basis of class participation.
I will follow the Law Center attendance policy. You will not be allowed to take the final examination unless you attend 80% of the classes. Excused absences will be liberally granted.
Grading and Explanation: Final grades will be based on class participation, in-class assignments, work product for clients, class presentations of that final work product at the end of the semester, and participation in discussions with special guest visitors to the class. If you wish, some of my students have also provided a self-evaluation of their own work and their project team members - but this additional input is wholly voluntary.
Attendance: I will follow the Law Center attendance
policy. You will not be allowed to take the final exam unless you attend 80% of the
classes. While I will liberally grant excused absences, I cannot grant an excused
absence that will drop your total attendance below 80 percent. Please contact me
immediately if personal circumstances will create attendance problems for you.
SCHEDULE
No. | Date | Topics | Guest Speaker(s) | Assigned Readings | Extra Resources and Comments |
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MASTER TRACKING LIST FOR CLIENT PROJECTS MASTER TRACKING LIST FOR SEMESTER PROPOSALS MASTER TRACKING LIST FOR CLIENT PROJECTS SORTED BY STUDENT DRAFT COMMENTS ON PROPOSED DEPARTMENT OF INTERIOR FOIA RULES |
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1. | Jan. 14, 2019 | 1. Introduction: Course Overview and Review of Work Process 2. Environmental Law Research Resources and Strategies 3. Initial Overview of Regulatory Comments and Rulemaking Advocacy |
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Draft FOIA request (Word and .pdf) Practicum Style Tip Sheet (.pdf) PowerPoint Lecture |
Environmental Law Research Guide Research Guide for Environmental Practicum Environmental Enforcement Databases Handout Sample CERCLA 104(e) Information Request Sample FOIA Complaint (Gulf of Mexico fracking) |
2. | Jan. 16, 2019 | Regulatory Comments and Rulemaking Advocacy Workshop 1 |
Elena Craft, Environmental Defense Fund Kim White, Baker Botts This class will start at noon at the Downtown Club at 1100 Caroline, 11th Floor. For-pay parking is available, as well as light rail access. We should finish by 2:30, but please leave early if you have conflicting class obligations. You can also arrive early (at 11:30) for the mixer reception. |
Workshop session will follow lunch presentation at Houston Bar Association Environmental Section meeting |
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3. | Jan. 21, 2019 | MLK Holiday |
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4. | Jan. 23, 2019 | 1. Completion of Regulatory Comments and Rulemaking Advocacy 2. Practice and Career Strategies; overview of Client Project Options and Selections Regulatory Comments and Rulemaking Advocacy - Workshop Session 2 |
U.S. Department of Interior proposed rule to limit FOIA production Lecture PowerPoint (.pdf) |
Dept. of Energy Grid Resiliency Pricing Rule Notice of Proposed Rulemaking (.pdf) TCEQ Comments on EPA Clean Power Proposed Rules |
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5. | Jan. 28, 2019 | Emergency Response and Disaster Practice | |||
6. | Jan. 30, 2019 | Emergency Response and Disaster Practice Workshop | Ashleigh Acevedo Pillsbury LLP |
PowerPoint (.pdf) | |
7. | Feb. 4, 2019 | Overviews on Compliance Counseling; Advocacy and Strategy |
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TCEQ Form P1-1 General Application for Permit TCEQ Central Records Database EPA Sector Notebooks Proposed Rule on FOIA Disclosure Limits by U.S. Department of Interior Draft environmental law professor letter to request extension of comment period |
Texas Attorney General's Administrative Law Handbook EPA Environmental Appeals Board Practice Manual TCEQ Wastewater Permit Instructions Sample RCRA HSWA permit TCEQ storm water general permit TCEQ Calendar or Public Hearings and Meetings on Permits |
8. | Feb. 6, 2019 | Regulatory Compliance Counseling Workshop | Anna Kuperstein, TransCanada Corp. | PowerPoint Lecture |
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Feb. 11, 2019 | SIGN-UP SHEET FOR SEMESTER PROJECT INTERVIEWS |
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9. | Feb. 11, 2019 | Contamination Litigation and CERCLA Practice Environmental Justice |
CERCLA Enforcement Training Module VCP Program Houston Municipal Setting Designations Clean Power Plan EJ Provisions EJ Powerpoint |
Sample Conservation Easement |
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10. | Feb. 13, 2019 | Contamination Litigation and CERCLA Practice Workshop | Scott Sherman Sherman Collaborative, LLC |
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11. | Feb. 18, 2019 | Writing and Projects Review | |||
12. | Feb. 20, 2019 | Writing and Projects Review | |||
13. | Feb. 25, 2019 | Environmental Permitting and Contested Cases - Overview Lecture | Guest lecture - Jennifer Ronk (Dow Chemical) re corporate compliance and transactions |
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14. | Feb. 27, 2019 | Endangered Species Management, Impact Statements, and Natural Resources Protection - Overview Lecture | PowerPoint (.pdf) Freshwater mussel notice |
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15. | March 4, 2019 | Environmental Permitting and Contested Cases: Workshop | Charles Irvine, Irvine & Conner |
PowerPoint |
Changes to Contested Case Hearing Process (TCEQ PowerPoint) GBF Comment Letter 00306 U.S. Army Corps of Engineers Permit Website |
16. | March 6, 2019 | Workshop: Endangered Species Management, Impact Statements, and Natural Resources Protection |
Ben Cowan, Locke Lord |
PowerPoint (.pdf) |
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March 11-16 | SPRING BREAK! | ||||
17. | March 18, 2019 | Environmental Civil Enforcement, Privileged Investigations, and Auditing - Overview Lecture |
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EPA Notice of eDisclosure System EPA New Oil & Gas Owner draft policy |
Sample Audit Findings Spreadsheet Sample NOV Sample CAFO Sample Consent Decree |
18. | March 20, 2019 . | Civil Enforcement, Investigations, and Auditing Workshop | Rock Owen |
ITC Tank Fire video ITC sunrise 1 2 3 |
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19. | March 25, 2019 | Environmental Criminal Liability - State and Federal - Overview Lecture | PowerPoint (.pdf) |
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20. | March 27, 2019 | Workshop: Environmental Criminal Liability - State |
Alexander Forrest, Chief of Envtl Crimes Section, Harris County District Attorney |
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21. | April 1, 2019 | Transactions and Sustainability -- access agreements, contractual allocations of responsibility and indemnification - Overview Lecture |
| Texas City disaster simulation exercise | |
22. | April 3, 2019 | Transactions and Sustainability workshop |
Heather Palmer Sidley & Austin LLP |
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23. | April 8, 2019 | Writing break and individual review of projects |
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24. | April 10, 2019 | Writing break and individual review of projects |
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25. | April 15, 2019 | Writing break and individual review of projects |
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26. | April 17, 2019 | Writing break and individual review of project | |||
27. | April 22, 2019 | Writing break and individual review of project |
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28. | April 24, 2019 | Writing break and individual review of project - Last Day of Class |
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