Law (LAW)

 

Note: Some courses listed here may run only once per academic year, or every other academic year. Not all courses are available on both campuses. The catalog is constantly changing. Visit the pace website to view the most current class schedule, class descriptions, and required or suggested prerequisites.

 

LAW 501 Land Use Law Survey (1 credit  – Env Summer Program)
This course will give an overview of the basics of zoning and planning and cover topics including tools and techniques that create flexibility in zoning and land use planning. Other special topics such as regulatory takings and intermunicipal agreements will also be discussed. A hypothetical project will be used to discuss the legal authority and tools that can be used in the land use process. In addition, students will reference a sample zoning law adopted in a New York community.

LAW 502 Administrative Law for Environmental Lawyers (1 credit  – Env Summer Program)
This course provides a basic overview of the federal Administrative Procedure Act and explains the role of federalism in carrying out national environmental law and policy. The course will take students from the basics of "what is a regulation" through judicial review of rule-making. The course will cover key provisions of the Administrative Procedures Act, the role of the non-delegation doctrine, administrative rule-making, administrative adjudication and judicial review of agency action and inaction. The course will cover some of the major cases in administrative law, including Chevron v NRDC and Mass. v. EPA. The course will also address the importance of the access to information in rule-making processes by highlighting the role of the Freedom of Information Act. The course will also discuss the role of the National Environmental Policy Act in agency action and decision-making.

LAW 503 Basics of Energy Law & Regulatory Structure (1 credit  – Env Summer Program)
This 4-day seminar provides a basic introduction to energy law and regulation in the United States. It focuses on the key sources of energy (both nonrenewable and renewable) driving the U.S. economy, and identifies the various challenges in their production and distribution. It also considers the key regulations and laws governing energy production as well as the jurisdictional and regulatory divisions between federal and state governments. The seminar will also address related legal, policy, and societal concerns including environmental, land use, regulatory, and economics as they relate to each energy source. To the extent time permits, we also will consider related climate change concerns and regulation.

LAW 504 Sustainable Development Law Survey (1 credit  – Env Summer Program)
Sustainability is often defined as a balance of the three E's: the environment, the economy, and social equity. This course will cover sustainable development topics such as local water and land resource protection laws, smart growth, preventing urban decay, transit-oriented development, and fair and affordable housing. In addition, collaborative decision-making tools and techniques will be taught due to the complex nature of sustainable development law. A particular focus will be put on the equitable inclusion of all stakeholders. A hypothetical project will be used to cover the basics of the land use system and reflect on the authority and power given to local board members. It will also be used to understand the foundations of the required decision-making process and explain why this process is not very effective in sustainable development situations or public engagement. While normally thought of as rigid and inaccessible, the process can be made more flexible and inclusive to help reduce energy spent on unproductive and divisive controversy. Students will receive a description of the Collingsburg hypothetical development project. Each student will be assigned a role and participate in daily class exercises.

LAW 505 - Environmental Law Overview (1 credit  – Env Summer Program)
This course provides a basic context for all US environmental laws, by providing an overview of their constitutional and common law origins and regulatory structure. The Clean Water Act, Clean Air Act, solid and hazardous waste laws, and Endangered Species Act, will all be discussed.

LAW 506 - Oil, Gas & Fracking Law (1 credit  – Env Summer Program)
This 5-day seminar provides a basic introduction to oil and gas law in the United States. It explores legal structure for owning, allocating, and managing rights and interests in oil and gas resources. It also considers the rights and obligations of landowners and operators, provisions in oil and gas leases, and regulations dealing with exploration, production, and conservation of oil and gas deposits. The seminar also will consider environmental issues arising in the context of oil and gas production with a focus on hydraulic fracturing.

LAW 507 - Land Use & Climate Adaptation (1 credit  – Env Summer Program)
There are a number of ways that land use laws can mitigate the acceleration of human-caused climate change and help bring it under control. There are also a number of ways that local and state governments and land managers can design and redevelop communities to help people adapt to climate change – a particularly compelling task in low-lying coastal areas. This course explains how land use law can be used to accomplish these results.

LAW 508 - Clean Air Act & Climate Change (1 credit  – Env Summer Program)
This course provides an exploration of the major programs and regulatory strategies embodied in the Clean Air Act that are used to address conventional air pollution, toxic air pollution, and greenhouse gas emissions. The course will cover regulation of mobile sources, the NAAQS/SIP program, new source review and prevention of significant deterioration, hazardous air pollutants and multi-state issues. Students will emerge with an appreciation for the complexities and potential of this major environmental statute.

LAW 509 - Coal & Mining Law (1 credit  – Env Summer Program)
This course covers a number of environmental law statutes in relation to coal mining. It addresses the pros and cons of coal production and use, mining law origins, mining on federal lands, severance of surface and mineral ownership, permitting and regulation of coal mining, environmental and personal injury hazards and claims, and coal mining agreements and contracts.

LAW 510 - Natural Resources Law Survey (1 credit  – Env Summer Program)
This course provides a quick overview of natural resources law governing resource use on federal and private lands. There will be intensive reading in the first four days. Students will learn and discuss the laws and administrative agencies of the “big 3 resource commodities” -- mining, timber, and water. The course will also touch on laws and agencies governing grazing, rangeland, and endangered species. Students should emerge from this lecture and discussion course with a basic working knowledge of resource use law and enforcement across the United States. This course will be evaluated by a take-home open-book short answer and essay exam.

LAW 511 - Clean Water Act & Wetlands (1 credit  – Env Summer Program)
This course provides a more in-depth approach to the Clean Water Act and its mechanisms, and will cover the laws governing wetlands. Key provisions of the CWA covered include NPDEs permitting, water quality standards, definitions (e.g., water of the United States), and enforcement and citizen suit provisions. The course will also discuss evolving legal issues with the scope of the CWA under the Commerce Clause, Rapanos, etc., as well as wetlands issues relating to sea level rise, wetlands banking, and takings defenses.

LAW 512 - Nuclear Energy & Waste Disposal Law (1 credit  – Env Summer Program)
Nuclear Energy and Waste Disposal Law provides an introduction to the basic concepts and mechanisms of the law governing the operation of nuclear power plants and nuclear waste storage and disposal in the United States. The course covers the history and evolution of the statutes, regulations, cases, policies, and procedures that control the “normal” as well as “abnormal” operation of the 104 existing U.S. nuclear reactors, including an examination of how the terrorist attacks of 9/11 and the recent Fukushima nuclear disaster have altered the regulatory landscape. The course considers the future of U.S. nuclear power plants in a prospective “Nuclear Renaissance,” as well as the laws governing the ultimate decommissioning of America’s nuclear fleet. The course further probes, from a legal perspective, the question that has been plaguing the United States for decades and remains as-yet unanswered: what are we as a country ultimately going to do with all the radioactive waste? The course considers nuclear energy public policy perspectives as well as the relevance and interrelationship of other environmental statutes to the laws that control the operation of nuclear power plants and nuclear waste disposal, in order to provide overarching insights into the controlling legal framework.

LAW 513 - Historic/Cultural Preservation (1 credit  – Env Summer Program)
This course will cover major federal statutes governing historical preservation (e.g., national Historic Preservation Act and NEPA’s consultation requirements), the development of historic preservation through case law, preservation planning and zoning, and constitutional issues under the due process clause.

LAW 514 - Wildlife Law (1 credit  – Env Summer Program)
This course will take an in depth look at the Endangered Species Act, including key provision of and major litigation relating to the statute. The class might also examine biodiversity loss and its causes and discuss whether or not the ESA’s “deathbed approach” to conservation has been a success. The course will also provide some grounding in the international law of wildlife protection.

LAW 515 - Solar & Wind Energy Law & Policy (1 credit  – Env Summer Program)
Wind and solar energy are the major sources of renewable electricity (other than hydropower) in use around the world. This course will focus on three legal and policy factors that arise with these technologies, using case studies and legal materials from the U.S. and Europe. First, what steps have governments taken or considered using to promote the development of these energy supplies? Second, what issues arise in locating wind and solar facilities, and what legal strategies have governments used to overcome local resistance and to address environmental concerns? For wind, both onshore and offshore siting will be considered. For solar, deployment of photovoltaic panels and construction of concentrated solar power plants will be discussed. Finally, what legal and regulatory strategies are used or under consideration with respect to the distribution and use of wind and solar electricity?

LAW 516 - Food & Agriculture Law (1 credit  – Env Summer Program)
This course will give an overview of the laws regulating the U.S. food and agriculture system. It will touch upon the various practice areas affecting production agriculture and food entrepreneurs including farm programs, disaster assistance, environmental law, financing, right-to-farm, employment/labor law, livestock sales, humane livestock slaughter, farm animal welfare, biotechnology, food safety, and the National Organic Program. This course will also touch upon some policy discussions and trends including sustainability, food labeling, urban/ suburban agriculture, food justice, and local food movement (including the direct marketing of food products such as farmers markets and Community Supported Agriculture).

LAW 517 - Solid & Hazardous Waste (1 credit  – Env Summer Program)
This course will cover the roles of RCRA and CERCLA in regulating solid and hazardous waste. It will introduce students to the key provisions, regulation, and interpretation of the both statutes and will touch upon environmental justice issues (e.g., with siting facilities), whether or not certain hazardous waste programs have been a success, and EDR techniques for resolving related disputes.

LAW 518 - Ocean & Hydro Energy Law (1 credit  – Env Summer Program)
This course will examine the issues related to creating electricity from water. First, the course will focus on traditional hydropower and dams, then on more recent development of offshore wave energy. Development and the public interest, balancing environmental impacts with development and inter-agency disputes will be explored.

LAW 519 - Environmental Risk Assessment & Insurance (1 credit  – Env Summer Program)
Natural weather events, such as the wind blowing, can cause financial and other risks to unwary commercial wind project developers. Extreme weather events, such as hurricanes, floods, and other climate change-induced occurrences, can leave ordinary companies at risk and vulnerable to serious economic losses. In the future, these weather and climate patterns may play a significant role in shaping future policy, from offshore wind farm development to water rights allocation. Awareness of scientific data, applicable laws, and policies, coupled with risk avoidance and risk mitigation techniques – including the use of insurance –can enhance a person’s or business’s ability to make well-informed decisions, implement a prudent risk management strategy, decrease climate change-induced and other weather-related vulnerabilities, and increase resilience to weather-related risks. This course will examine such matters as risk avoidance and/or insurance issues, as well as legal and policy matters, with respect to the following: (1) strategies for addressing wind wakes; (2) the role of insurance in the future of U.S. offshore wind farm development; (3) how far the zone of impact may reach in pollution liability-related claims under a greenhouse gas/climate change causation theory; (4) flooding, storm damage, and other water-related impacts that can harm businesses in both expected and unanticipated ways, and (5) types of insurance policies a company may want to have in place to protect against certain of these occurrences.

LAW 520 - International Environmental Law (1 credit  – Env Summer Program)
The purpose of this course is to provide an overview of the role of law in the management of international environmental problems. Although the entire vast field of International Environmental Law cannot be taught within a week, this course will review the major concepts. The course will begin with a historical review of environmental conferences and treaties. Following this introduction, the nature of international organizations and the functioning of international environmental law making will be analyzed. We will then focus on three subjects (oceans, biodiversity and climate change) which are of great current interest.

LAW 521 - Smart Grid, Distributed Generation, Demand Response (1 credit  – Env Summer Program)
This course explores the challenges and opportunities that come with new policies seeking to promote distributed (decentralized) sources of energy and “demand response” (“DR”), strategies by which end-use customers reduce consumption of electricity. We will also look at the “Smart Grid,” the revolutionary transformation of consumers’ relationship with the electric grid in which customers with “smart” electric meters can have increased control over their electricity usage. The course takes an intensive look at legal developments and the effectiveness of various policy instruments in state, regional, national, and international forums where this evolving body of law is being made. We will cover mandates and goals for distributed renewable energy (including renewable portfolio standards and feed-in tariffs); federal, state, and local demand response laws, including their relationship to the Smart Grid; state and federal tax and other incentives for demand response and renewables; ratemaking, wholesale markets and other aspects of the sale of electricity; and financing mechanisms for transactions involving efficiency and renewables.

LAW 522 - Brownfields Redevelopment (1 credit  – Env Summer Program)
This 2-1/2 day field course will take students into the field where they will study brownfields development law in situ. Accompanying readings on brownfields redevelopment law will be augmented by meetings with city officials, banking officers, restoration scientists and construction company officers at the sites of brownfields redevelopments.

LAW 523 - Brazilian Environmental Law (1 credit  – Env Summer Program)
The main objective of this course is to provide an overall and as deep as possible view of Brazilian Environmental Law. We will analyze most of its regulation, having the 1988 Federal Constitution as a starting point and going through the main statues (laws, decrees, resolutions, etc.). Also we will examine the Brazilian jurisprudence in the field, especially the most important opinions issued by the Supreme Court and the High Court of Justice. By the end of the course, we expect the student to have a general understanding of most of the topics in Brazilian Environmental Law, as well as how the courts in the country address the different issues.

LAW 524 - Energy Law Practice (1 credit  – Env Summer Program)
This one-week, 1-credit course will introduce participants to energy regulatory law. Course participants will learn how electricity is regulated with a special focus on the opportunities for lawyers representing clients who wish to develop renewable or other distributed energy projects, drive energy efficiency, or otherwise influence the production or delivery of electricity in a particular state. Understanding the past and current structure of utility regulation is essential to the practice of energy law. This course begins with a review of how the present electricity system and energy regulatory structures came into existence. Next, the course will focus on electricity supply. How is new electricity generation sited and by whom? How is new capacity financed? How do electricity markets work? Third, the course will turn to the delivery of electricity. How does electricity get from generators to consumers and by whom? How are electricity supply and delivery rates determined? How does distributed generation like rooftop solar or small wind or high-efficiency cogeneration fit into this regulatory context? What financing mechanisms are available for these “non-traditional” projects? Where does end-use energy efficiency fit in? Can we fit the future into a regulatory structure designed for the past?

LAW 525 - UN Environmental Law (1 credit  – Env Summer Program)
The United Nations is multifaceted with the variety of departments and programs encompassed within it. The purpose of this course is to provide students with a general understanding of how environmental issues have been addressed at the UN. During the first class, students will be assigned or will choose (still to be determined) geographic groups (i.e. G77 , EU, etc.) or countries to represent for the duration of the class. When we begin to discuss different UN environmental conferences as well as multilateral environmental agreements, students will be expected to represent their particular country or geographic group. This course will start out by providing an overview of the UN and then introduce the students to the ideas of international negotiations and global governance. Throughout the class, students will also receive electronic and/or hard copies of the UN Journal and Earth Negotiations Bulletins published by the International Institute for Sustainable Development. This will help expose the students to how advisers working for UN Missions spend their time and will give them practical exposure and experience as to what may take place in the day-to-day life of an individual employed at a UN mission.

LAW 526 - Renewable Energy (1 credit  – Env Summer Program)
This one-week, 1-credit course will allow participants to tour actual renewable energy projects and speak to project developers and other experts on how to get projects done. Course participants will first spend some time in the classroom getting their legal and policy bearings for developing projects. Participants will then “hit the road” as a group to explore real-world project sites while learning more about the law and policy that applies to the projects.

LAW 527 – Introduction to Climate Change Negotiations (1 credit )
No description available.

LAW 528 - Climate Change and Displacement Seminar (1 credit )
No description available.

LAW 602 Environmental Diplomacy Practicum (4 credits)
Externship; Environmental Diplomacy Practicum LAW 602A; 4 credit course (2 academic and 2 experiential). In this course, students study the decision-making process and negotiation of environmental treaties in the United Nations (UN) system. Students in the Diplomacy Practicum provide assistance to UN country Missions by attending meetings on behalf of the Missions and by preparing memoranda and/or research papers on a range of issues such as climate change, renewable energy, fisheries protection, and forest management. Students meet weekly at Pace Law School in a two credit seminar, and then spend two days per week working at UN Missions. UN assignments are made in consultation with the Instructor, and close supervision is provided. Transportation costs to/from the UN are at the student’s expense. Prerequisite: International Environmental Law or International Law [or similar background], Application, Interview, and Permission of the Instructor.

LAW 602B Externship Environmental Diplomacy Practicum (4 credits)
This course allows selected students who have taken LAW 602A to continue working two days a week at the United Nations. The student’s placement may be the same, or may be different, from their placement when enrolled in LAW 602A. Transportation costs to/from the UN are at the student’s expense. Students must keep a journal, prepare written papers and conduct research as needed by the UN agency or Mission, and meet regularly with the Instructor for guidance. Prerequisite: LAW 602A and Permission of the Instructor.

LAW 622AA - Advanced Research Skills: Environmental Law (2 credits )
This course will enhance students’ research skills in Environmental Law. It is highly recommended for any student taking more than 4 credits in Environmental Law or Environmental Law classes requiring a paper. The course will cover specialized research materials in print and on Westlaw and Lexis, Legislative history, administrative law resources, practice materials, and will include foreign and international law sources. While it is an advanced course, basic research and citation skills will also be strengthened. Lecture topics will be reinforced by hands-on assignments and students will benefit from immediate feed-back on those assignments. The final project is a research outline that could serve as the basis for an upper-level writing assignment or a focused research project.

LAW 633 - Sustainable Development Law Survey (3 credits )
The course illustrates the initiatives taken by local governments to achieve sustainable development, showing these initiatives provide important opportunities to manage, mitigate and adapt to climate change. The course provides an introduction to how the U.S. legal system fosters greenhouse gas reduction, energy conservation, and sustainable patterns of growth, including energy-efficient and sustainable buildings, the use of renewable energy resources, the protection of sequestering open space, and the adaptation of buildings and communities to sea level rise and natural disasters.

LAW 645 - Climate Change (2 credits )
Climate Change is perhaps the most important environmental and public policy issue of our generation. As greenhouse gas emissions increase, temperatures rise, and the impacts of climate change increasingly can be observed, appropriate legal mechanisms are necessary to address the problem. In the absence of comprehensive federal legal structures to respond to the climate change crisis, there has been a proliferation of state, local and regional climate change regulation as well as litigation under numerous environmental statutes. In addition, climate change implicates fields of law as broad as securities disclosure, insurance, and land use. Within the framework of existing and potential federal, regional, state, and local solutions, this course will examine a wide variety of domestic legal issues on climate change including topics such as proposed federal legislation, cap-and-trade programs, climate ethics and justice, legal issues in carbon sequestration, carbon trading, carbon finance and mitigation through offsets, permitting, and environmental litigation. We will also examine existing international structures to address climate change. Throughout the course we will look at cutting edge issues and the latest developments in the field of climate change law and policy.

LAW 654 - Food And Drug Law (2 credits )
This is a course in federal regulation of food, drugs, cosmetics, and medical devices, designed to provide an understanding of the statutory provisions and administrative actions that govern the marketing of these consumer products. The course studies both case law and administrative decision-making by examining a variety of actions taken by the Food and Drug Administration in implementing the Federal Food, Drug, and Cosmetic Act.
 

LAW 681 Water Resource Law (2 credits)
This course explores common law and statutory protection of water resources, including water supply, wetlands and navigable waters, examining how and why the law governing private water rights developed very differently in the humid east and the arid west in the United States. It examines the constitutional and political aspects of the roles of state and federal governments in the allocation and regulation of water resources and safeguarding of water supply. The topics covered include interstate allocation and protection of water supplies, river basin planning, and ground water management. It studies the resolution of competing demands for water for municipal, agricultural, power, industrial, navigational, recreational and environmental purposes. Enrollment limited to 12 students.

LAW 681A The Law of Water (3 credits)
Water law occupies a unique niche in the American legal landscape. At one level, it is about property. At another level, water law is about the public rights inhering in a shared and biologically crucial resource. And at still another level, water law is about federalism, navigable waterways, and fisheries and wildlife management. This course is about all those things and more. It examines the evolving law of water, looking at the differences between states and between regions, and at whether current laws remain applicable and relevant to a changing hydrologic landscape.

LAW 686A (Theory) / 686B (Skills) Advanced Land Use and Sustainable Development Seminar (2 credits)
This seminar explores specific land use, environmental, and/or sustainability topics that are of current concern and relevance to the field, to the curriculum, and to society. The specific topic will be identified each term by the professors teaching the course and relate to the work of the Land Use Law Center and related law school research centers. Field trips relevant to the topic(s) covered are a part of this course.

LAW 689 Energy and Natural Resources Law (2 credits)
This course traces the evolution of the regulatory framework within which economic energy issues have been decided. It reviews the various systems which have been used to regulate both traditional and non-traditional energy sources, and examines the interaction among traditional public utility concepts, government social policies, and market forces. The legal aspects of energy conservation are considered.

LAW 715A International and Comparative Environmental Law (2 credits)
International agreements and organizations address a wide range of environmental protection issues. The course examines the Environmental Law of the Sea and regional seas conventions, the treaties on migratory species, the Convention on the International Trade in Endangered Species (CITES), air pollution control treaties, and transboundary environmental issues. The role of the United Nations and other multilateral agencies is examined.

LAW 715A Comparative Environmental Law – Brazil (2 credits)
This course compares the environmental laws of the United States and Brazil. It will meet once a week for much of the spring semester, during which time we will study the respective environmental regimes of the United States and Brazil. The course aims is to build students' capacity to assess the environmental laws of both countries and to consider national policies concerning environmental quality. The last third of the class will take place in the summer, in Brazil. We will travel to Rio de Janeiro as well as several other regions of Brazil to continue classes as well as attend seminars conducted by prominent scholars and attorneys in Brazil. Students also participate in field trips to the fragile yet crucial ecosystems of Brazil. The Brazil-based portion of the class will occur over a period of approximately 10 days. This course requires students to write a research paper comparing some aspect of the environmental laws in both Brazil and the United States.

LAW 728 Environmental Justice (2 credits)
Environmental Justice is the fair treatment and meaningful involvement of all people with respect to the development and implementation of laws impacting environmental and human rights. Environmental rights, increasingly recognized as a new category of human rights as well as an application of existing rights, are both substantive and procedural. This class will present recent developments in international law and national laws. It will address direct and indirect links between the protection of the environment and the enjoyment of human rights, as well as on obligations and responsibilities of States and other actors under human rights treaties and multilateral environmental agreements. Certain human rights, especially access to information, participation in decision-making, and access to justice in environmental matters, are essential to good environmental decision-making and have a range of direct and indirect implications for the effective enjoyment of human rights. Each participant gives a presentation and writes a legal research paper.

LAW 733 Land Use Law (3 credits)
This course encompasses in-depth study of the law of land use planning and zoning, both generally and as it has developed in New York, New Jersey, and Connecticut. The constitutional and statutory basis of land use controls is thoroughly examined, along with contemporary procedures involved with land use changes, cluster zoning, contract zoning, planned unit developments, subdivision and site plan review, and environmental impact assessment. The course utilizes a combination of the casebook and problem methods, and pays some attention to practical problems of representing clients before municipal bodies

LAW 735 Non-Profit Organizations (2 credits)
This is a 2 credit course with a final examination. Class participation will be 10 percent of the grade. During meetings of the class we will focus on the problems at the end of each section of the casebook. It is essential to read both the materials assigned in the casebook and supplement, and the statutory citations indicated in bold at the beginning of sections of the casebook. Students who wish to fulfill the upper level writing requirement may register for a third credit under guided research. Students who elect the extra credit to write a paper will have a one question mini-examination. The research paper will count for 75 percent of your final grade. The mini examination will count for 15% of your grade and class participation for 10%. The paper can be a maximum of twenty-five pages. Footnotes must be in Bluebook form, and the format of the paper is that of a law review note. The paper can fulfill the upper level writing requirement. A student who registers for a third credit and changes his/her mind can drop the extra credit in accordance with the rules of the Registrar. A student who chooses the 2 credit option cannot change their mind and register for a third credit after the second week of the semester.

LAW 743 Historic Preservation Seminar (2 credits)
This seminar examines the law applicable to archaeological, architecturally significant and other historic structures and cultural sites. The legal rationale behind police power regulations is studied, as are the alternative means of protection at local, state and federal levels of government. Private property tools and tax incentives are reviewed. The conflicts between preservation laws and other social values, the use of religious sites protected by the First Amendment, and the scope of "regulatory takings" are featured as a case study. Students are graded based on class participation and either a research paper or a project applying preservation laws to an actual factual setting. Both papers and projects must be presented orally to the class and two tutorial meetings with the professor must be scheduled to explore either the paper's research or the project's preparation.

LAW 760 - New Jersey Environmental Law (2 credits )
No description available.

LAW 761 - Environmental Legislation (3 credits )
No description available.

LAW 767A, 767B Environmental Litigation Clinic (6 credits)
The Environmental Litigation Clinic represents public interest environmental groups bringing citizen enforcement actions in state and federal courts on a variety of environmental and land use issues. The major client of the Clinic is the Riverkeeper, Inc. Amicus curiae briefs in significant national environmental litigation are also prepared. In addition to the case work, two weekly seminars focus on substantive environmental law and on lawyering skills encountered in major civil litigation. Skill areas include: case planning, integration of facts and law, client counseling, negotiation, drafting legal documents, and pretrial and trial advocacy. The Environmental Litigation Clinic requires a substantial time commitment. The minimum time commitment outside of class is 20 hours a week. Clinical students must continue client responsibilities throughout exams and holidays when necessary. Schedules must be planned to accommodate the demands of the program. Permission of the professors, based upon application and interview, is required. Evidence and Environmental Skills are required and Environmental Survey is recommended. (Prerequisites may be waived by the professors). Students must be in good academic standing to be considered for the clinic (and maintain that standing if accepted). Students must be available for clinic work and classes during the day and must be a second, third, or fourth year student Though grades are important for selection into the Clinic, other factors are: 1) balance in the program of students’ skills, needs, interests and background: 2) the demands of the anticipated caseload; 3) interest in the environment and litigation as a career.

LAW 771 - Risk & the Environment (2 credits )
No description available.

LAW 772 Environmental Commercial Transactions (2 credits)
Every commercial law practice today requires environmental due diligence. This course examines the reporting requirements, audits, and other disclosures that the attorney must provide for the purchase or sale of real property, for mergers and acquisitions, for disclosures under the federal securities laws, and under environmental permitting for real estate development. The course examines warranties, covenants, and other representations available in structuring transactions to avoid or limit environmental liability. The course examines related issues of environmental income and property taxes.

LAW 775 Conservation Law (2 credits)
The protection of nature in parks, wilderness areas, and wildlife refuges has produced a special body of law throughout the states and the one-third of the United States which constitutes public lands. Fish and game laws are examined along with newer regulations of private lands to protect ecological systems or rare geological features such as wild and scenic rivers. Marine sanctuaries, international parks, and habitat protection for migratory species are examined. The relative rights of Native Americans, private property owners, state governments, and federal agencies are analyzed.

LAW 784 Protection of Cultural Resources (2 credits)
The looting of archaeological resources not only is a local issue with respect to the actual removal of artifacts from the ground or from museums but it is also an international issue when those items are sold for hundreds of thousands of dollars on the international black market. One report estimates that 80% of Pakistan's archaeological resources have already been destroyed by looters. Besides Pakistan, archaeological resources have been (and still are) being destroyed in Iraq, Afghanistan, Israel, Egypt, Italy Syria, Iran and Malta. Even the United States is not immune. Ancient funeral pots from the Southwestern United States can fetch on average $50,000 to $60,000 a pot on the black market and other types of ceremonial or religious artifacts can also fetch tens of thousands of dollars. Between 1998 and 2001, there have been on average 230 federal prosecutions a year for the looting or attempted looting of archaeological sites situated on federal and Indian lands. This course will emphasize the historical development and continued evolution of laws designed to protect both archaeological resources and cultural property situated in the United States as well as artifacts and objects of antiquities transported to or sold within the United States. The course will begin with an overview of the major laws designed specifically to protect cultural and archaeological resources situated on Federal and Indian lands in the United States including various criminal statutes as well as those laws enacted to insure that artifacts or objects illegally removed from other countries cannot be imported into the United States. In addition, common-law property issues, takings law, Native American rights, and maritime law (relating to historic or archaeological shipwrecks) will also be discussed.

LAW 796 Legal Management of Urban Environments (2 credits)
Principal responsibility for implementing environmental protection laws rests with the states. The varied state law approaches to environmental protection are compared. Federal delegation of many environmental laws to state and local government is examined. An entire body of environmental protection measures is found exclusively at the municipal level: the course examines how a local government integrates its land use, noise, wetlands, shade trees, refuse, and regulations through its administrative structure, to control issues as urban sprawl.

LAW 797 Environmental Conflict Resolution (3 credits )
No description available.

LAW 797A Environmental Law Seminar: Clean Air Act (2 credits )
This course, a seminar on current environmental law topics, involves in-depth analysis of selected environmental legal issues and policy problems. The seminar covers sophisticated legal and interdisciplinary issues of environmental decision-making, including economic and cost analysis, proof, identification of policy tradeoffs, environmental politics and similar issues. Topics to be covered ordinarily include a full semester seminar on the Federal Clean Air Act.

LAW 797B Environmental Seminar: Negotiations (2 credits )
No description available.

LAW 797C Environmental Law Seminar: NEPA/SEQRA (2 credits)
This seminar will deal with federal and state environmental impact procedures required by NEPA, the New York State Environmental Quality Act (SEQRA) and little NEPA’s from other states. Impact assessment is essential to real estate development, government projects, and a wide range of law practices. The subjects covered will include the legislative history and development of the case law, the Council on Environmental Quality (CEQ) Regulations, the State Regulations, and the environmental assessment process and the work of attorneys, planners, and professionals of other disciplines in the process. This course is open to all students without pre-requisites, and students will take a final examination at the end for the course. Students, who wish to do a research project for the Upper Division Writing Credit, can apply to the instructor and do this in lieu of the exam.

LAW 797F Environmental Law Seminar: Coastal & Marine Law (2 credits)
The course explores major legal issues related to protection of critical aquatic environmental systems, from deep oceans beyond areas of national jurisdiction to US coastal land and waters. Students will become familiar with the laws and policies relating to water quality and habitat protection, fisheries and marine wildlife preservation, ocean energy and mineral resources, pollution of coastal and ocean waters, and management of the coastal zone. They will study international conventions and agreements including the UN Convention on the Law of the Sea and such others as International Convention for the Prevention of Pollution from Ships (MARPOL), the Convention on Biological Diversity, and the Marine Mammal Protection Act. At the national level the Coastal Zone Management Act and common law doctrines provide focus for review of coastal issues. This is an exam course, but a paper may be substituted for the exam with the permission of the professor. Because it is a seminar in which student participation is essential, laptops or other devices may not be used in class. Recommended: Environmental Skills or Survey.

LAW 797H Environmental Law Seminar: Compliance and Enforcement (2 credits)
Sound legislation is the foundation for effective environmental programs. However, even the best legislation will not succeed in the absence of well-structured compliance and enforcement programs. This seminar will explore the full range of compliance and enforcement programs starting with the question of what motivates compliance and then examining the role of compliance assistance, civil and criminal enforcement, and citizen suits. The course will conclude with a review of the economic and ethical forces that motivate compliance with environmental laws. The course will provide students the background they will need to understand and deal with compliance and enforcement programs whether they are working in government, an advocacy organization or the private sector. A unique feature of the course is that it will be integrated with a major international conference on environmental compliance and enforcement (the International Union for the Conservation of Nature’s Academy of Environmental Law Colloquium) to be held at the law school from October 16-20, 2006. Students will have an opportunity to meet and interact with environmental enforcement experts from around the world through the Colloquium.

LAW 797K Environmental Law Seminar: Conservation Easements and Land Trusts (2 credits)
Conservation easement is a type of property right in land held by someone other than the landowner. Additionally, the rights must have a conservation purpose. Over the past thirty years, conservation easements have emerged as a favored land-preserving tool of both public and private entities. They now protect over seven million acres of land nationwide, and the number of nonprofit organizations using the tool (called Land Trusts) is burgeoning. In this seminar, we will examine this popular tool, the reasons for its emergence, and its use. Along with exploring the strengths and weaknesses of conservation easements, we will investigate alternative methods of land conservation. This course will involve a substantial research paper and class presentations. Recommended: Environmental Law Survey

LAW 797L - Environmental Law Seminar: Eco Markets and Trading (2 credits)
No description available.

LAW 797M Environmental Law Seminar: Human Rights and the Environment (2 credits)
Environmental rights are coming into their own as a new category of human rights, as well as an application of existing rights -- both substantive and procedural. This course will evaluate the relationship between human rights and the environment, using key developments in law from around the world. Students will study various mechanisms for ensuring human rights in the environmental arena, including international instruments, national constitutions, legislation, citizen suit and access to information provisions. New court cases interpreting and applying these rights will be studied, as will reports and documents from the Office of the High Commissioner of Human Rights and the UN Environmental Program. The course will address rule of law and access to courts issues, and also review the international status of environmental courts and tribunals. Paper course.

LAW 797N Environmental Dispute Resolution (3 credits)
This course explores the common characteristics of environmental disputes and introduces students to a range of resolution options -- from rights-based approaches, such as litigation and appellate advocacy, to interest-based approaches like consensus building, mediation and facilitation. The course examines the roles that lawyers play in these varied approaches. A major theme of this course is comparing the advantages and disadvantages of adversarial and collaborative approaches in environmental conflicts. The course will use mock negotiations, mediations, facilitations, and consensus-building exercises to build in students the skills used by neutral third parties and legal counsel for the parties to resolve disputes. The course also will emphasize the role of legal advisors for each party in problem-solving when a third party neutral is involved. Another key focus of this course is transmission of the skills used by lawyers to transform adversarial interactions into collaborative interactions. It will include consideration of a number of factors in addition to the law that must be considered when resolving environmental interest disputes.

LAW 797O Environmental Law Seminar: Constitutional Protection of Wilderness (2 credits)
New York State enacted the first, and still the strongest, Constitutional provision for protection of an environmental value, wilderness. In 1894, a State Constitutional Convention proposed, and the voters adopted this mandate: “The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leases, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed.” NYS Constitution, Article XIV, Section 1. In emulation of New York’s Constitution, Pennsylvania adopted an environmental mandate in its Constitution, and Congress enacted the federal Wilderness Act to emulate New York. Other nations have adopted environmental provisions in their constitutions. Every decade New Yorkers decide whether to convene a new Constitutional Convention. In 1966 the New York Constitutional Convention proposed an Environmental Bill of Rights, but voters rejected the proffered new Constitution. In anticipation of the coming state-wide debate about revising the Constitution, this seminar will make a comparative study of how state constitutions provide for environmental protection, in the USA and in other countries. The specific theme of the class will be to critically research what New Yorkers could enact as new environmental constitutional provisions. At a minimum, there will be a debate about whether (a) to retain the “forever wild” clause in the Constitution “as is,” or (b) to strengthen its provisions, or (c) to weaken its provisions, or (d) to eliminate it. Over the decades, the State’s highest court has obliged the State to honor this Constitutional mandate, and the voters and both executive and legislative branches have enhanced and refined the “forever wild forest lands” in the Adirondack and Catskill mountains. The ecosystems in the Forest Preserve are a reservoir of biodiversity, the hydrologic source for much of the State’s rivers and reservoirs, an essential “living library” of aesthetic, cultural and spiritual values for those who visit the Preserve, and an economic mainstay for those in and around the “Blue line” and across the State. Student will research and prepare original papers on different aspects of comparative constitutional law and specifically on proposals that will inform the forthcoming constitutional debate in New York. An elective field trip into the Forest Preserve may be scheduled during the fall semester. Final papers will be delivered in class, before invited environmental law experts. The Seminar is limited to 12 students. This seminar will satisfy the ULWR. Please submit a letter indicating he reasons you wish to enroll in this seminar, along with your resume.

LAW 797P Sustainable Development in the Practice of Real Estate (2 credits)
This course provides a bridge for students moving from their prior academic course work toward working as a lawyer practicing in whole or in part in emerging areas of sustainable real estate development. Topics covered will change annually to ensure that students become familiar with issues and tasks they will face as they begin practice. Emphasis will be placed on opportunities lawyers possess and strategies they can pursue, within the confines of evolving commercial real estate practice, to encourage environmental best practices, energy conservation, green buildings, creative financing and land use techniques and, thus, sustainable development. Guest practitioner lecturers will supplement faculty teaching.

LAW 797Q Environmental Law Seminar: Energy Law, Climate Change and Good Governance (2 credits)
This course considers the challenge of addressing the increase in energy demand within a carbon-constrained world. It studies the use of coal, oil, gas, nuclear, wind, solar, hydro, and biofuels. Participants will consider electricity generally, cogeneration, transmission line expansion, human exposure, and environmental factors in considering a sound energy policy that meets society's energy needs. Each participant gives a presentation and writes a legal research paper. Enrollment limited to 18 students.

LAW 797R Environmental Law Seminar: Current Challenges (2 credits)
This seminar will examine selected environmental challenges, unresolved or unimplemented mandates, or new and cutting edge problems in Federal and State environmental statutory programs. Students would examine the selected topics and think about and discuss, and then each student would research a separate topic and present a paper (with outlines, a first draft, and the final draft and class participation). This course will satisfy the ULWR.

LAW 797S Environmental Law Seminar: Comparative Environmental Adjudication (3 credits)
This unique seminar course offers students the opportunity to study and do research with Judge Merideth Wright, recently retired from the Vermont Environmental Court, one of the foremost specialized environmental courts in the world. Readings and classroom work throughout the course will provide insight into comparative legal systems, and the different ways in which environmental protection and regulation can be carried out within those systems, with an emphasis on court jurisdiction and process. Each student will undertake a project of original research and analysis into judicial practices with respect to environmental issues in a chosen country, culminating in a paper and a brief oral scholarly presentation to interested judges and law professors. Qualifying research will be published on-line to help advance the understanding of environmental courts and tribunals around the world. The seminar is suitable for advanced students with an interest in judicial and administrative tribunal systems around the world, as well as those with an interest in the effectiveness of environmental regulation. Previous course work in substantive environmental law is helpful but not required.

LAW 802 Science for Environmental Lawyers (2 credits)
Most environmental issues involve the attorney in a close professional working relationship with experts in the biological and physical sciences, or on technical fields such as engineering or hydrology. The first unit of this course discusses the basic structure of each of the four “spheres” of the earth, sources of natural and anthropogenic derived contaminants in each, dispersion of these contaminants within and between “spheres”, and ultimate fate of these contaminants. The second unit of the course discusses the principles and processes involved in global climate change and various models for predicting such change. The third course unit provides an overview of topics related to understanding exposure of humans to environmental pollutants, including principles of toxicology such as thresholds and dose-response, principles of exposure assessment, hazard v. risk, and risk assessment. The final unit of the course discusses integrity and credibility of science in the courtroom, including an overview of concepts related to understanding scientific and statistical concepts for credible presentation in toxic tort and public hearing cases. This course is required for LLM in Environmental Law students and recommended for JD students seeking the Environmental Law Certificate.

LAW 815 Animal Law (2 credits)
This course explores the animal law movement from its inception to its current status. This course examines the development, scope and current application of anti-cruelty laws governing laboratory test animals, trapping, animal fighting, animals used in entertainment, animals used for religious purposes or for educational purposes, and humane slaughter. The relationship of humane animal laws to conservation oriented fish and game laws are studied. Federal and selected state laws on transportation of animals and on zoological gardens are reviewed. The course studies law reform, resources, expanding the scope of animal law, and the connection between environmental issues and animal issues at both the local and global levels.

LAW 840 Environmental Litigation and Toxic Torts (2 credits)
This course will examine how a complex environmental tort case unfolds from notice to appeal. Using as a learning tool Anderson v. Cryovac, the toxic tort case portrayed in the bestseller A Civil Action, and actual documents from the case, as well as supplemental substantive materials and other case examples, this course will illuminate key phases of the environmental litigation process. Investigation, pleadings, management of complex document discovery, the intricacies of e-discovery, pre-trial advocacy and sophisticated application of the Federal Rules of Civil Procedure will be a focus of classroom discussion. Other topics to be addressed will be the management of scientific and expert evidence, medical causation, analysis of liability and damages, and special characteristics of environmental tort claims. The interplay between environmental statutory regulation and the common law will be explored, as will the unique challenges presented by trial management and the settlement of toxic tort litigation

LAW 841 Hazardous Waste (2 credits)
This course explores the law of hazardous waste disposal and of the remediation of contamination from past, mostly unregulated, disposal of hazardous waste. The primary focus of the course is on the Federal Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act, and their state counterparts. It emphasizes the analysis of complicated and interrelated status and regulations. The subject matter and the course represent the most active area of practice in contemporary environmental law. Prerequisite: Environmental Skills and Practice.

LAW 842 Environmental Litigation Seminar (2 credits)
This seminar examines a variety of litigation issues in the environmental arena, including typical EPA enforcement proceeding from governmental inspections and initiation of proceedings through final resolution, challenges to federal governmental permitting decisions (such as those of the Corps of Engineers), citizens' suits, and CERCLA litigation. It identifies and considers procedural, evidentiary, ethics and substantive issues which arise in these matters from the perspective of the government, private parties and public.

LAW 844A Class Actions, Mass Torts and Multiparty Litigation (2 credits)
Aggregate litigation figures center stage in many courtrooms around the country. Indeed, the Supreme Court currently has no fewer than five major class action cases before it covering different aspects of Fed. R. Civ. P. 23. This course will explore various topics employing the devices of class action and aggregate litigation. Students will learn the purposes and differences in the various aggregate litigation devices, the nuances and requirements of Rule 23 and class certification, the Class Action Fairness Act, multidistrict litigation procedures, and other aggregate litigation topics.

LAW 845 International Environmental Law (2 credits)
As our world grows smaller, dealing with global and transboundary environmental activities and impacts becomes increasingly important. The course examines international agreements and organizations and addresses a wide range of environmental protection issues. Included in the studies are environmental Law of the Sea provisions and regional seas conventions, the Convention on Biodiversity (CBD), the Convention on the International Trade in Endangered Species (CITES), treaties on migratory species, air pollution control, hazardous waste and other environmental topics. The role of the United Nations and other multilateral agencies is examined. Environmental Skills, is recommended; International Law helpful. Because it is a seminar in which student participation is essential, laptops may not be used in class.

LAW 856 Environmental Law Survey (3 credits)
Environmental law has become an integral part of most law practices in the United States today. This course provides an introduction to the framework of the major federal environmental statutes and how the lawyer encounters them in practice (the National Environmental Policy Act, Clean Water Act, Clean Air Act, and laws on solid and hazardous materials and wastes). Throughout the course, problems of professional responsibility are integrated into consideration of the substance of each Statute. This course is a foundation course for the advanced specialized environmental subjects, and provides the generalist with a solid understanding of the legislative, administrative and judicial system of environmental law today. Recommended: Environmental Skills and Practice.

LAW 857 Environmental Law Skills and Practice (4 credits)
Using a single statute, the Clean Water Act, as a sample, this course introduces the student to interpreting and working with complex statutes and regulations. Through a series of exercises and simulations it explores basic administrative and regulatory processes, such as rule making, permit issuance and enforcement. It explores how the three branches of government, in with federal and state governments, interact to develop environmental laws and policy and the role of lawyers in that process.

LAW 865 Health and Safety in the Workplace (2 credits)
No description available.

LAW 895 Environmental Externship in Washington (6 credits)
The Environmental Externship has two components: (1) a one-week classroom seminar conducted at Pace; and (2) seven weeks of supervised field work with a mentor attorney in a federal environmental agency, congressional office, public interest environmental organization or other appropriate institution located in the Washington, D.C. area. The program is supervised by full-time faculty members at Pace, and an adjunct professor in Washington, D.C. Students maintain work logs and journals, participate in a weekly seminar conducted by the Washington faculty member, and produce a substantial paper. This externship is designed to allow students to gain practical experience in the environmental legal arena C with special emphasis on the type of legal work conducted in Washington, D.C., but in a controlled learning situation which enriches the students' more traditional academic instruction. The externship work is supervised primarily by the placement attorneys, but with support from Pace faculty. The students may engage in a variety of work, including analyzing legislative and regulatory issues, drafting advice memoranda, assisting with briefs and other legal activities. Some weekly seminars are devoted to discussion of individual assignments, for mutual consultation. Some fieldwork may be library research or other tasks related to the individual placements. Placements may include the U.S. Environmental Protection Agency, the U.S. Departments of Justice, Interior, Energy and Agriculture; the Council on Environmental Quality, committees and subcommittees of Congress with environmental and land use responsibilities; and environmental public interest organizations such as the Natural Resources Defense Council, the Environmental Defense Fund, and the Sierra Club Legal Defense Fund, the National Wildlife Federation and the National Audubon Society. Trade associations and private law firms offering pro bono placements may also participate. Permission of the professor, based upon application and usually interview, is required.

 

Note: Some courses listed here may run only once per academic year, or every other academic year. Not all courses are available on both campuses. The catalog is constantly changing. Visit the pace website to view the most current class schedule, class descriptions, and required or suggested prerequisites.