575.635.81 - Environmental Law for Engineers & Scientists

Environmental Planning and Management
Fall 2023

Description

This course explores fundamental legal concepts relevant to environmental issues, including the relationship between statutes, regulations, and court decisions. Also included are various forms of enforcement used in environmental rules: command and control, liability, and information disclosure. Specific issues include criminal enforcement, a survey of environmental statutes, regulations and case law, the purpose and misconceptions surrounding environmental audits and assessments, the concept of attorney-client privilege, unauthorized practice of law, and ethical conflicts between the attorney and engineer/scientist roles.

Instructors

Profile photo of Timothy Henderson.

Timothy Henderson

thenderson@richlaw.com

Profile photo of Anthony G. Gorski.

Anthony G. Gorski

agg@aggorski.com

Course Structure

The course materials are divided into modules which can be accessed by clicking Modules on the course menu. A module will have several sections including the overview, content, readings, discussions, and assignments. You are encouraged to preview all sections of the module before starting. Most modules run for a period of seven (7) days, exceptions are noted in the Course Outline. You should regularly check the Calendar and Announcements for assignment due dates. 

There are 13 ‘Modules’, or chapters. Module 1 is broken into two parts and lasts two weeks. Module 12 will span the Thanksgiving holiday and will last two weeks. The last Module, Module 13, is the final exam. A detailed schedule is shown on the online Calendar, available on the course site. Information for each upcoming week’s Module will be available to you on Canvas beginning at 12:00 AM EST each Monday. It is expected that the class will occupy approximately 4–7 hours of a student’s time per week: reading the assigned sections of the texts (approximately 2–3 hours per week) as well as some outside reading, listening to the audio annotated slide presentations(approximately 1–2 hours per week), and participating in the Group Discussions (approximately 1–2 hours per week). Preparing and participating in the Group Presentations later in the semester will require additional time, offset somewhat by reduced reading and audio listening obligations.  

Course Topics


This course explores fundamental legal concepts relevant to environmental issues and federal environmental laws designed to protect public health and the environment from air, water, hazardous waste, hazardous and toxic substances and to protect natural resources and species. We explore the relationship among statutes, regulations and court decisions and examine the various forms of enforcement used in environmental laws. The course provides a survey of the major environmental statutes (e.g. the Clean Air, Water, Solid Waste, Superfund, Toxic Substances Control, Endangered Species and Safe Drinking Water Acts), their implementing regulations and the cases interpreting them. It examines the purpose and misconceptions surrounding environmental audits and assessments; the concept of attorney-client privilege; unauthorized practice of law; and ethical conflicts between the attorney and engineer/scientist roles. We also provide an overview of zoning and local land use laws as they relate to environmental protection.

Course Goals

To provide engineers and scientists an overview of how the major environmental laws, which govern manufacturing, contaminant cleanups, and natural resource management and protection, work together and create the framework within which environmental engineers operate.

Course Learning Outcomes (CLOs)

Textbooks

Ferrey, S. (2019) Environmental law: Examples & Explanations Series (8th ed.). New York, NY: Wolters Kluwer. ISBN-13: 978-1543802290 ISBN-10: 154380229X Textbook information for this course is available online through the appropriate bookstore website: For online courses, search the MBS website at http://ep.jhu.edu/bookstore.

EP students may access electronic versions of textbooks through the Sheridan Libraries. Instructions on how to search for available textbooks are accessible through this link: Browse Electronic Textbook Instructions

Required Software

You should refer to General Technical Requirements for guidance on system requirements. Access suport resources from the Help menu if you encounter any technical issues.

Student Coursework Requirements

This course consists of four basic student requirements:

1. Preparation and Participation (Class Discussions) (15% of Final Grade Calculation) Except for Modules 1 and 13, each Module focuses upon a specific area of environmental law which corresponds with a chapter in the text or designated outside reading, typically a United States Supreme Court decision which interprets the subject law. Given that a large part of the focus is on group discussions in the Discussion forum, reading too far in advance is not recommended. The text must always be read BEFORE proceeding to research the assignments. Attempting to read the court decisions before reading the text will almost always prove frustrating and more difficult. Additionally, please note that students may choose to utilize Westlaw or LexisNexis search tools available online through the Johns Hopkins library system to identify certain portions of court opinions. Many of the Supreme Court cases are long and complicated- you are not required to know and understand these cases inside and out! You do not necessarily have to read every word of the opinion. You are encouraged to utilize other sources that help you reach and understand the basis and reasoning behind the Court’s opinion. Each Module contains one or more PowerPoint presentations with audio. There are also required self-check tasks which prompt the student to answer questions from the text or posted by the Professors, or to visit a website for further reading on the topic. In addition to viewing the Module PowerPoint presentations and completing the self-check tasks, the students will be required to participate in the online class discussion. One Discussion question will be assigned each week for the class. It will derive from the information covered in the assigned reading and the PowerPoint presentations. The Professors will also be reading the threaded discussion, and will participate as necessary to assist and guide the discussion. Each student needs to participate, comment, ask questions and provide what they believe is the correct response. Students need to interact with the other members of the class (i.e., responding to classmate postings with thoughtful responses, critical thinking on various facets of the discussion questions, etc.). Just posting your response to the discussion question is not sufficient; interact with your classmates. For full credit you need to provide thoughtful and substantive posts as well as responses to at least three of your fellow student posts. Be detailed in your postings and in your responses to your classmates' postings. Each student has an independent and unique perspective or approach to problem solving. Use your knowledge and experience to form your posts and responses as it will add depth to the overall discussion. Feel free to agree or disagree with your classmates or the Professors. Please ensure that your postings are civil and constructive. Please remember- we’re not looking for you to provide one certain, 􀀁nal answer- your discussion and deliberative journey to your answer are just as important!

2. Module Exams (30% of Final Grade Calculation) A key part of online education is to ensure that all students are keeping up with the assigned work. Therefore, instead of a mid-term exam, there are short Module exams at the end of each Module and a 􀀁nal exam. You must complete each Module Exam and post your answers to Blackboard by Sunday at 11:59 pm (EST) of each Module week.

3. Class Presentation (25% of Final Grade Calculation) The class will be divided up into groups for Class Presentations once topics are determined. The topics will be posted approximately two weeks after class begins. We will divide the class into groups and each group will select from the topics the hypothetical problem they wish to cover. Selection will occur on a first come-first serve basis, so be sure to promptly discuss the topics and hypotheticals with the other members of your Presentation Group. These group presentations will be due at 11:59 pm on Sunday, at the end of Week 11 (Module 10: The Process of Enacting, Implementing and Enforcing Environmental Laws and Regulations). Your presentations will respond to one of several hypothetical real-world problems. Each Presentation Group should assume they are presenting a client with answers and solutions to better understand and address their particular problems. You should seek to impress your client with not only your knowledge of the subject matter but should also seek to instill confidence in your general abilities and demonstrate your overall competence. Presenting groups will be required to collectively create a presentation and then post their completed presentation and materials. Group members will be required to be available for class discussion and to answer questions from classmates and instructors regarding their presentations. Students are free to use PowerPoint, with the audio recording feature, videos, or other instructor-approved tools for their presentations.

4. Final Exam (30% of Final Grade Calculation) The final exam is cumulative and will cover all of the material addressed throughout the semester. The Final Exam will consist primarily of short essay questions; it may also contain multiple choice and/or short answer questions. The Final Exam will be available during the entire week of Module 13, but the time that you spend actually taking the exam will be limited as per the instructions you receive at the time of the exam. It will be an open-book exam. Once you open the exam document online you will be required to submit your answers within three and a half (3.5) hours!

Grading Policy

Timely feedback on students' performance is an established learning tool, so we will endeavor to grade and return to you, as quickly as possible, all material that you submit. Assignments are due according to the dates posted in your Blackboard course site. You may check these due dates in the Course Calendar or the Assignments in the corresponding modules. We will post grades one week after assignment due dates. Assignments will normally be graded and returned via the website before the next assignment is due. If you do not receive a grade on an assignment that you have turned in, please inquire as to its whereabouts; it may need to be resubmitted. In the event you encounter technical problems when submitting an assignment, do not delay contacting the Professors. Complete the online submission within the Course and, if possible, email a copy of the completed assignment with which you encountered a submission problem to the Professors right away. The module tests, module discussions, class participation project and 􀀁nal exam are all qualitative assignments which are evaluated by the following grading elements: 1. Each part of question must be answered (20%) 2. Writing quality and technical accuracy (30%) (Writing is expected to meet or exceed accepted graduatelevel English and scholarship standards. That is, all assignments will be graded on grammar and style as well as content.) 3. Provided the rationale for your answer (20%) 4. Included examples to illustrate your rationale (15%) (If you do not have direct experience related to a particular question, then you are to provide analogies versus examples.) 5. Included outside references (15%) These qualitative assignments are graded as follows: • 100–90 = A—All parts of question are addressed; Writing Quality/ Rationale/ Examples/ Outside References [rich in content; full of thought, insight, and analysis]. • 89–80 = B—All parts of the question are addressed; Writing Quality/ Rationale/Examples/ Outside References [substantial information; thought, insight, and analysis has taken place]. • 79–70=C—Majority of parts of the question are addressed; Writing Quality/ Rationale/ Examples/ Outside References [generally competent; information is thin and commonplace]. • <70=F—Some parts of the question are addressed; Writing Quality/Rationale/ Examples/ Outside References [rudimentary and super􀀁cial; no analysis or insight displayed]. A grade of A  indicates achievement of consistent excellence and distinction throughout the course—that is, conspicuous excellence in all aspects of assignments and discussion in every week. A grade of B indicates work that meets all course requirements on a level appropriate for graduate academic work. These criteria apply to both undergraduates and graduate students taking the course. EP uses a +/- grading system which will be used for the 􀀁nal grade in this Course (see “Grading System”, Graduate Programs catalog, p. 10). You should contact your Program Chair for guidance on the breakdown used by your program. Example: 100–98 = A+ 97–94 = A 93–90 = A− 89–87 = B+ 86–83 = B 82–80 = B− 79–70 = C

Course Policies

Students are expected to participate/submit the following to receive a grade for the course: • Preparation and Participation (Class Discussions) • Module Exams • Class Presentation • Final Exam Late submissions will be reduced by one letter grade for each week late (no exceptions without prior coordination with the instructors).

Academic Policies

Deadlines for Adding, Dropping and Withdrawing from Courses

Students may add a course up to one week after the start of the term for that particular course. Students may drop courses according to the drop deadlines outlined in the EP academic calendar (https://ep.jhu.edu/student-services/academic-calendar/). Between the 6th week of the class and prior to the final withdrawal deadline, a student may withdraw from a course with a W on their academic record. A record of the course will remain on the academic record with a W appearing in the grade column to indicate that the student registered and withdrew from the course.

Academic Misconduct Policy

All students are required to read, know, and comply with the Johns Hopkins University Krieger School of Arts and Sciences (KSAS) / Whiting School of Engineering (WSE) Procedures for Handling Allegations of Misconduct by Full-Time and Part-Time Graduate Students.

This policy prohibits academic misconduct, including but not limited to the following: cheating or facilitating cheating; plagiarism; reuse of assignments; unauthorized collaboration; alteration of graded assignments; and unfair competition. Course materials (old assignments, texts, or examinations, etc.) should not be shared unless authorized by the course instructor. Any questions related to this policy should be directed to EP’s academic integrity officer at ep-academic-integrity@jhu.edu.

Students with Disabilities - Accommodations and Accessibility

Johns Hopkins University values diversity and inclusion. We are committed to providing welcoming, equitable, and accessible educational experiences for all students. Students with disabilities (including those with psychological conditions, medical conditions and temporary disabilities) can request accommodations for this course by providing an Accommodation Letter issued by Student Disability Services (SDS). Please request accommodations for this course as early as possible to provide time for effective communication and arrangements.

For further information or to start the process of requesting accommodations, please contact Student Disability Services at Engineering for Professionals, ep-disability-svcs@jhu.edu.

Student Conduct Code

The fundamental purpose of the JHU regulation of student conduct is to promote and to protect the health, safety, welfare, property, and rights of all members of the University community as well as to promote the orderly operation of the University and to safeguard its property and facilities. As members of the University community, students accept certain responsibilities which support the educational mission and create an environment in which all students are afforded the same opportunity to succeed academically. 

For a full description of the code please visit the following website: https://studentaffairs.jhu.edu/policies-guidelines/student-code/

Classroom Climate

JHU is committed to creating a classroom environment that values the diversity of experiences and perspectives that all students bring. Everyone has the right to be treated with dignity and respect. Fostering an inclusive climate is important. Research and experience show that students who interact with peers who are different from themselves learn new things and experience tangible educational outcomes. At no time in this learning process should someone be singled out or treated unequally on the basis of any seen or unseen part of their identity. 
 
If you have concerns in this course about harassment, discrimination, or any unequal treatment, or if you seek accommodations or resources, please reach out to the course instructor directly. Reporting will never impact your course grade. You may also share concerns with your program chair, the Assistant Dean for Diversity and Inclusion, or the Office of Institutional Equity. In handling reports, people will protect your privacy as much as possible, but faculty and staff are required to officially report information for some cases (e.g. sexual harassment).

Course Auditing

When a student enrolls in an EP course with “audit” status, the student must reach an understanding with the instructor as to what is required to earn the “audit.” If the student does not meet those expectations, the instructor must notify the EP Registration Team [EP-Registration@exchange.johnshopkins.edu] in order for the student to be retroactively dropped or withdrawn from the course (depending on when the "audit" was requested and in accordance with EP registration deadlines). All lecture content will remain accessible to auditing students, but access to all other course material is left to the discretion of the instructor.