ENVIRONMENTAL LAW PRACTICUM:
COURSE SYLLABUS
Spring 2020
BLB 113
Professor Tracy Hester
4170 Martin Luther King Blvd
Houston, TX 77204-6060
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), large and small law firms, 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 the following allocation: 40% based on your completion of a semester-long project for presentation to a prospective client in an individual meeting; 40% performance on three to four smaller work projects provided to you directly from guest speakers; and 20% for class participation. 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 receive a final grade 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
ZOOM LINK FOR REMOTE PARTICIPATION
| No. | Date | Topics | Guest Speaker(s) | Assigned Readings | Extra Resources and Comments |
|---|---|---|---|---|---|
MASTER TRACKING LIST FOR CLIENT PROJECTS MASTER TRACKING LIST FOR SEMESTER PROPOSALS MASTER TRACKING LIST FOR ALL PROJECTS SORTED BY STUDENT |
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| 1. | Jan. 13, 2020 | 1. Class introduction and environmental legal research tools; list of potential topics for semester projects 2. Information practice and FOIA requests |
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Draft FOIA request (Word and .pdf) Practicum Style Tip Sheet (.pdf) Lecture not recorded due to technical difficulties |
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. 15, 2020 | CLASS CANCELLED |
While attendance is voluntary, all class members are invited to attend the 2020 Energy Conference at Phillips 66 headquarters. If you wish to go, email Prof. Hester by Jan. 14 at 2 pm for security clearance purposes. |
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| 3. | Jan. 20, 2020 | MLK Holiday |
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| 4. | Jan. 22, 2020 | 1. Regulatory Comments and Rulemaking Advocacy 2. Overview of Client Project Options and Selections |
EPA Semiannual Regulatory Index NEPA NPRM NEPA NPRM draft comment letter Sample FOIA complaint |
Nomadic Aggregates public hearing with TCEQ, Jan. 30, 6:30 pm Soto Ready Mix contested case hearing, Jan. 23, 10:30 am Regional Air Quality Planning Committee meeting, Jan. 30, 2:30 pm |
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| Jan. 22, 2020 | SIGN-UP SHEET FOR SEMESTER PROJECT INTERVIEWS |
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| 5. | Jan. 27, 2020 | Regulatory Compliance Counseling Workshop | Win Colbert, environmental counsel, City of Houston | PowerPoint (.pdf) |
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| 6. | Jan. 29, 2020 | Overviews on Compliance Counseling; Advocacy and Strategy |
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TCEQ Central Records Database . EPA Sector Notebooks TCEQ Form P1-1 General Application for Permit |
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 |
| 7. | Feb. 3, 2020 | Environmental Permitting, Contested Cases, and Citizen Suits | Kristen Schlemmer, Legal Director, Bayou City Waterkeeper |
Broad Reach League City wetlands letter Amicus brief |
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| 8. | Feb. 5, 2020 | Environmental Permitting, Contested Cases, and Citizen Suits - review session |
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Changes to Contested Case Hearing Process (TCEQ PowerPoint) U.S. v. City of Houston consent decree Bayou City Waterkeeper comments to City of Houston consent decree GBF Comment Letter 00306 U.S. Army Corps of Engineers Permit Website |
| 9. | Feb. 10, 2020 | Environmental Justice and CERCLA Practice Workshop | Amy Din Lone Star Legal Aid |
Lone Star Legal Aid introductory video | |
| 10. | Feb. 12, 2020 | Contamination Litigation and CERCLA Practice
Environmental Justice |
EJ PowerPoint | CERCLA Enforcement Training Module VCP Program Houston Municipal Setting Designations |
Sample Conservation Easement |
| 11. | Feb. 17, 2020 | Endangered Species Management, Impact Statements, and Natural Resources Protection |
Tom Campbell and Asheligh Acevedo, Pillsbury LLP |
PowerPoint (.pdf) |
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| 12. | Feb. 19, 2020 | Endangered Species Management, Impact Statements, and Natural Resources Protection | ESA and NRDA PowerPoint (.pdf) | ||
| 13. | Feb. 24, 2020 | Civil Enforcement, Privileged Investigations, and Auditing |
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EPA Notice of eDisclosure System EPA Oil & Gas Owner policy |
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| 14. | Feb. 26, 2020 | Civil Enforcement, Privileged Investigations, and Auditing |
Rock Owens and Sarah Utley, Harris County Attorney's Office |
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Sample Audit Findings Spreadsheet Sample NOV Sample CAFO Sample Consent Decree |
| 15. | March 2, 2020 | Individual Projects and Writing Review | |||
| 16. | March 4, 2020 | Individual Projects and Writing Review | |||
| March 9-13 | SPRING BREAK! | ||||
| March 16-18, 2020 | Classes cancelled for COVID-19 outbreak | ||||
| 17. | March 23, 2020 | Emergency Response and Disaster Practice - environmental issues from COVID-19 | Jim Vines, King & Spalding Zoom Session |
Delaying Environmental Compliance Because of Coronavirus Emergency by Arnold & Porter (2020) Processing Requests for Enforcement Discretion, EPA (1995) TCEQ notice of enforcement discretion LDEQ Emergency Order U.S. v. Murphy Oil consent decree excerpts re force majeure and dispute resolution |
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| 18. | March 25, 2020 | Emergency Response and Disaster Practice Workshop | We have been invited to join a town hall briefing with EPA Administrator Andrew Wheeler at 2:15 pm CDT. Please join as soon as you can, and we will resume class discussion after the town hall ends. | ||
| 19. | March 30, 2020 | Environmental Criminal Liability - Federal |
Walt James, Walt James PLLC PowerPoint (.pdf) FDB Sampling video clip Zoom Session |
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| 20. | April 1, 2020 | Environmental Criminal Liability - Federal |
PowerPoint (.pdf) EPA Guidance re COVID-19 Implications for EPA's Enforcement and Complaince Assurance Program (3/25/20) 10 Tips to Prepare for Search Warrants |
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| 21. | April 6, 2020 | Transactions and Sustainability workshop |
Anna Kuperstein, TC Energy PowerPoint (.pdf)
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| 22. | April 8, 2020 | Transactions and Sustainability -- access agreements, contractual allocations of responsibility and indemnification |
PowerPoint (.pdf) |
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| 23. | April 13, 2020 | Environmental Criminal Liability - State | Roger Haseman, former chief environmental prosecutor, Harris County DA PowerPoint (.pdf) |
New DOJ Policy on Useo SEPs (March 2020) | |
| 24. | April 15, 2020 | Environmental Criminal Liability - State SIGN-UP SHEET FOR SEMESTER PROJECT INTERVIEWS |
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| 25. | April 20, 2020 | Submit semester projects to Prof. Hester for class discussion on 4/22/20 Prepare for final class project presentations |
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| 26. | April 22, 2020 | Final class project presentations | Schedule for Semester Project Presentations |
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Flores short presentation |
| April 24, 2020 | Soft deadline to submit final semester project results by 4/24/20 at 5:00 pm CDT. | ||||