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273.4 sec. 1 - The Law of Hazardous Waste: CERCLA, RCRA and the Common Law Claims (Spring 2012)

Instructor: Robert D. Infelise  (view instructor's teaching evaluations | profile)
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Units: 3
Meeting Time: MW 2:10-3:25
Meeting Location: 111

Course Start: January 09, 2012
Course Control Number (Non-1Ls): 49897


Most environmental lawyers are litigators. The most 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 common law claims. This class is designed for two kinds of students: those interested in working in the environmental field and those seeking to develop a subspecialty in what will otherwise be a practice emphasizing some other area of law. Environmental Litigation is designed to immerse students in the complexities of litigation involving hazardous waste and, therefore, to give students an advantage in finding employment in the environmental field. This course explores three universal stages of the litigation process, all in the context of hazardous waste: (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, the class will focus on the peculiarities of the law governing hazardous waste, as well as the strategic considerations unique to the environmental arena. Students will be exposed to the latest developments regarding CERCLA, RCRA and relevant common law schemes. 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.

Mr. Infelise welcomes your participation.

Exam Notes: TH
Course Category: Environmental Law

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