Environmental Law Program

Courses

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COASTAL CONSERVATION SEMINAR (3 credits)

This course explores legal approaches to avoiding and resolving conflicts between human use of coastal areas and the ecological integrity of coastal systems. We will cover relevant South Carolina and Federal law, looking at issues both above and below the tide line. Course readings represent a variety of disciplines, including law, economics, and the natural sciences. Students must participate actively in discussions, present their research proposals, and submit final research papers.

ENVIRONMENTAL ADVOCACY SEMINAR 804 (3 hours)

This course explores and develops practical advocacy skills in the area of environmental representation. Topics include: case planning; administrative, legislative, and litigation practice; policy development; settlement; negotiation; remedies; ethical considerations and effective communication between lawyers and environmental scientists, engineers, and other professionals. In order to facilitate meaningful learning regarding all aspects of advocacy, the course relies heavily on simulations, guest lecturers from lawyers and non-lawyers, and collaborative work. This course is required for students participating in the Environmental Law Clinic, but is open to non-clinical law students as well as graduate students from other schools in the University's School of the Environment.

ENVIRONMENTAL LAW: NATURAL RESOURCES (3 credits)

Natural resources laws are meant to ensure, among other things, that wildlife and fisheries are managed sustainably; that fresh water is conserved and allocated fairly; that endangered species are recovered to healthy populations; and that public and private lands provide a wide range of goods and services. Meeting these important objectives means resolving conflicts among various user groups and between current and future generations of users.

There are a number of reasons why resolving these conflicts is both challenging and politically charged. Incomplete science often prevents government agencies from accurately assessing the current status of natural resources and predicting how potential future actions will affect them. Psychological traits such as optimism and loss aversion often prevent resource users from even acknowledging that there is a problem in the first place. New laws must often overcome long-standing cultural beliefs and traditions that evolved in the context of fewer resource demands. Finally, natural resource issues are characterized by the inherent political economy problems that arise when difficult-to-represent interests like the environment and future generations are involved.

In this course we will study the ways that federal laws, including the Magnuson-Stevens Fishery Conservation and Management Act, the Marine Mammal Protection Act, the Endangered Species Act, and the National Forest Management Act, attempt to conserve and allocate natural resources. As part of our study, we will also examine theories of natural resources problems, including the tragedy of the commons, and solutions, including regulation and privatization.

ENVIRONMENTAL LAW CLINIC 805 (3 hours)

Students study aspects of environmental law by addressing real environmental situations in South Carolina. Under a professor's supervision, they will function as student attorneys, with environmental organizations or community groups as clients. Students are responsible for all aspects of representation, which may include developing and maintaining contracts with clients; investigating and developing facts; identifying, interviewing, and preparing the necessary witness; analyzing the legal issues, counseling clients, drafting documents, negotiating and/or presenting the project/case. The clinic is also specifically designed to give students the opportunity to improve problem-solving abilities; apply and expand collaboration/teamwork skills; explore and apply professionalism-inaction; and reflect on the process of becoming an attorney.

ENVIRONMENTAL LAW OF SOUTH CAROLINA 738 (2 hours)

This is a course in environmental law in South Carolina. Starting with the SC Pollution Control Act and case law interpreting that statute, the course will explore the relationship between Federal statutes (Clean Water Act, Clean Air Act, Safe Drinking Water Act, RCRA, CERCLA) and the counterpart state laws. Course materials will consist primarily of cases from South Carolina Sate and federal courts as well as rulings and interpretations of state administrative agencies.

FEDERAL ENVIRONMENTAL LAW 731 (3 hours)

This is an introductory course in environmental law. The purpose is to give interested students a background in a number of federal environmental statutes, including NEPA (National Environmental Policy Act) CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) ESA (Endangered Species Act) and CWA (Clean Water Act). There will also be some study of the relationship of environmental regulation and the taking of private property under the Fifth amendment.

INTERNATIONAL ENVIRONMENTAL LAW AND DEVELOPMENT 666 (3 hours)

Environmental concerns transcend national borders, but present distinctly different issues to differing groups of countries in an area where "soft" law predominates. This course looks at the nature of the international law process in this area (with its limited number of treaty and substantive law principles), economic perspectives on natural resource usage, state sovereignty and abiding tensions between industrialized and developing countries concerning pollution problems (beyond prohibitions, to technology transfer and the " who pays " question). Since established law is minimal, this course examines the public international law framework for international environmental law de lege ferenda.

INTRODUCTION TO ENVIRONMENTAL LAW AND POLICY 816 (1 hour)

Intensive one credit course on certain basics of environmental law and policy. The course will cover: relevant history of environmental law and policy; fundamental statutory, regulatory and case law as well as other authorities in the environmental field; an overview of the relevant federal agencies; and a case study.

LAND USE PLANNING 651 (3 hours)

A study of public and private regulation of land use, with emphasis on the planning process. Covers zoning practice, subdivision regulation, and eminent domain.

RELATED COURSEWORK

ADMINISTRATIVE LAW 709 (3 hours)

A study of the administrative process with emphasis on judicial control of the administrative decision-making process and the role of administrative agencies in the overall governmental structure, both Federal and State. Recommended for students interested in further course work involving administrative law problems such as labor law and environmental law.

INTERVIEWING, COUNSELING, AND NEGOTIATION 771 (3 hours)

This course provides an introduction to interviewing, negotiation, and counseling in a variety of legal contexts. Emphasis is placed on helping students improve those skills which are essential to accomplish these tasks competently, particularly problem solving skills.

REAL ESTATE TRANSACTIONS I 652 (3 hours)

Using South Carolina cases, this course studies the nature of real estate contracts, risk of loss, statute of frauds in South Carolina, remedies for breach, installment land sales contract, the law of Revised as of 3/4/2005 mortgages, quiet title actions and implied and express warranties in the sale of real estate will also be examined.

REAL ESTATE TRANSACTIONS II 653 (2 hours)

An in-depth analysis of advanced level real estate planning and transactional matters with an emphasis on problems, techniques, and solutions. Course coverage may include residential closings, full scale residential developments (including condominium and time share developments), commercial developments, and commercial leases. Appropriate material will also include examination of consumers’ rights in real estate matters, of financing problems and techniques, and of problems and techniques of dealing with default by various parties to the transaction.