273.4 sec. 001 - The Law of Hazardous Waste: CERCLA, RCRA and Common Law Claims (Fall 2024)
Instructor: Robert Donald Infelise (view instructor's teaching evaluations - degree students only | profile)
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Units: 3
Grading Designation: Graded
Mode of Instruction: In-Person
Meeting:
MW 11:20 AM - 12:35 PM
Location: Law 107
From August 19, 2024
To November 26, 2024
Course End: November 26, 2024
Class Number: 32565
Enrollment info:
Enrolled: 4
Waitlisted: 0
Enroll Limit: 18
As of: 05/04 09:48 PM
Most environmental lawyers are litigators, and a common source of environmental litigation is hazardous waste in soil and groundwater. The three principal bodies of law governing these disputes are the federal Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. §§ 9601, et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901, et seq.), as well as tort law. This course is designed for two kinds of students: those interested in working in the environmental field (and who wish to gain an advantage in finding employment as an environmental lawyer) and those seeking to develop a subspecialty in what will otherwise be a practice emphasizing some other area of law. It explores three universal stages of the litigation process, all in the context of soil and groundwater contamination: (i) analyzing potential theories of liability and available defenses; (ii) determining the appropriate sources of recovery; and (iii) selecting the desired remedy. Within each stage, we will focus on the peculiarities of the law governing dangerous substances, as well as the strategic considerations unique to the environmental arena. Students will be exposed to the latest developments regarding CERCLA, RCRA and tort law. We will identify practical, realistic approaches to environmental advocacy and achieving results in the courtroom. Upon completing the course, students will have a sophisticated appreciation of the tactical intricacies of litigation involving soil and groundwater pollution comparable to most lawyers with three or four years of experience.
Instructor Biography: Robert D. Infelise received his A.B. from Cal in 1977 and his J.D. from Berkeley Law in 1980. Upon graduating, Mr. Infelise joined the Los Angeles office of Cox, Castle & Nicholson LLP, one of the nation’s premier law firms specializing in the real estate and financial services industries. Since the mid-1980’s, he has specialized in litigation involving soil and groundwater contamination. In 1998, Mr. Infelise helped found Cox, Castle & Nicholson’s San Francisco office and later served as its managing partner.
Mr. Infelise writes and speaks on issues involving soil and groundwater pollution, as well as climate change. His scholarly work begins and ends with an article co-authored by Professor Robert A. Kagan entitled “American State Supreme Court Justices, 1900-70,” American Bar Foundation Research Journal, 1984 (Vol. 2, Spring). In addition to this course, Mr. Infelise teaches the Environmental Law and Policy; the Environmental Law Writing Seminar; Climate Change and the Law; Pathways to Carbon Neutrality; and Remedies. He is the former chair of the Advisory Committee, as well as former acting executive director, of Berkeley Law’s Center for Law, Energy and the Environment. In 2002-2003, Mr. Infelise was the acting head of Berkeley Law’s environmental law program. In 2014, he was given an honorific title, and is now a Christopher Edley, Jr. Lecturer. Mr. Infelise proudly serves as the faculty advisor to the Ecology Law Quarterly.
Prerequisites:
Prior completion of, or concurrent enrollment, in Environmental Law and Policy (Law 271) would be helpful, although not required.
Exam Notes: (TH) Take-home examination
Exam Length: 6 hours
Course Category: Environmental and Energy Law
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