The operation of a going concern raises a host of environmental issues to be resolved and integrated into the broader context of managing the business. This problem-based course will draw upon such issues to introduce and develop substantive law and regulatory skills. In a series of simulated scenarios, we will focus on a number of industrial or commercial facilities facing a variety of environmental issues. The scenarios will likely include: (1) analysis of compliance issues arising under various California air quality regulations or federal hazardous waste regulations; (2) review and analysis of draft state and federal permits, and preparation of permit comments on behalf of the company or interested environmental groups; (3) review and analysis of draft regulations, and preparation of written and oral public comments on those draft regulations; and (4) negotiation and drafting of consent order(s) or variances with regulators and environmental groups regarding identified regulatory violations. Discussion of professional responsibility issues will also be integrated throughout the course.
The course will be self-contained. In other words, those aspects of substantive environmental and administrative law needed for the course will be taught as part of the course. While previous experience in courses such as Environmental Law or Administrative Law could be helpful, those courses would not be prerequisites.