ARE 309 Course Syllabus ARE 309 Environmental Law and Economic Policy Section 601 SPRING 2013 3 Credit Hours Special Notes WHAT THE COURSE COVERS: We will study current federal and North Carolina environmental law and regulations as well as the common law foundations of environment law. The course covers basic environmental issues that students are likely to face in a wide variety of careers including agribusiness, engineering, environmental consulting, law, science, forestry and others. The course emphasizes the legal, economic, and policy considerations that have given rise to current environmental laws and regulations. These issues include the American federal system, the use and structure of administrative agencies, methods of resolving disputes, as well as organizational response through risk management. Substantive legal emphasis will be on environmental laws having the greatest relevance in North Carolina, including protection from toxic chemicals, management of land resources, management of water resources including water and wetlands policy, protection of air quality, managing biological diversity, and planning for catastrophic events including those associated with warfare and climate change. Course Description Catalogue description: Current federal and state environmental laws and regulations and their common law foundations. Relationship of the law and its regulatory mechanisms to economic policy issues: externalities, pollution taxes, incentives, permit trading, and cost-benefit analysis. Major environmental topics including water and wetlands, solid and hazardous wastes, pesticides, clean air, endangered species and nuisance actions. Overview of the legal system. Additional information: Environmental Law and Economic Policy is a survey course designed to touch upon some of the major areas of environmental law while providing understanding of the institutional structures that support these laws. The first unit is an introduction to the course, including an introduction to the software that will be used in the class. Given that most students will have no prior legal background the second unit of the course is designed to provide a basic understanding of the American federal system in the context of the international system of nation states, international organizations, and non-state actors of which it is a part. The third unit provides an introduction to administrative agencies through which most environmental law is enforced. The fourth unit provides a discussion of how environmental disputes are resolved. The fifth unit explores how risks 1
to an organization are managed with reference to environmental law. The remaining six units explore substantive areas of environmental law. Students are not expected to become legal experts. Although some students have found this class to be excellent preparation for law school, that is not the primary purpose of the course. The purpose of the class is to provide students with sufficient knowledge of the legal system and environmental law in particular to allow them to recognize legal problems and understand how to obtain the resources to address those problems. Learning Outcomes Students will be able to.. 1. explain at a layperson s level the roles of the three branches of government, legislative, judicial, and executive, and how they interact. 2. explain at a layperson s level the relationship between the three branches of government and administrative agencies. 3. list and describe at a layperson s level, elements of the relationship between the states and the federal government. 4. identify the major federal agencies and some state agencies responsible for protection of the environment and how their jurisdictions overlap, complement, and conflict. 5. compare and contrast the key features of the U.S. common law legal system and the civil code systems used in most non-english speaking countries. 6. obtain and use public records related to real property and environmental contamination on such property. 7. read and interpret judicial decisions, including identifying the various parts of judicial decisions, on a layperson s level. 8. list and describe the major areas of environmental law. 9. at a layperson s level, given case examples, analyze how economic policy shapes, restricts, or expands regulation of the environment. 10. demonstrate through clear and concise written and oral communication the ability to communicate legal needs and problems through the use of correct spelling, grammar, punctuation, and word choice in written submissions. 11. construct as a group a white paper that has followed a business story (multiple articles) over time with implications for environmental law and policy. 12. work effectively in groups, through self, peer, and instructor-evaluation of online and class. Course Structure Each unit in the class builds upon previous units. A student who missed earlier units, in particular, would be disadvantaged for the remainder of the class so it is very important that students study all units in the order presented. Student activities will be primarily conducted and assessed (graded) through Moodle. Moodle quizzes: Low-stakes quizzes will be provided throughout the class. Moodle forums: 2
Moodle forums are key components of the course. No personal information, such as information about grades, home address, etc., that you do not want shared with other students should be posted to a Moodle forum. Questions that pertain to such information should be handled in office hours, either in person or by telephone, or through e-mail (recognizing that if you are using a public wireless network you have no effective security). Etiquette appropriate to a business setting should be observed. Announcements - This is my tool for providing you information about the class, due dates for assignments and quizzes, and information about tests. I will also provide you with information about upcoming events of general interest in which you may wish to participate. General course questions - This is a tool for you to use to ask questions of general interest about the mechanics and subject matter of the course. I expect students to answer each other s questions. I will only intervene when it appears that other students cannot address the question asked. I will pick several of the most interesting questions to discuss in my weekly problem session that is offered through Collaborate. Introduce Yourself - The purpose of this forum is to introduce yourself to the class and to me. You will each make one post to this forum. Again, please note that your post should contain no information that you do not wish to reveal to other students in the class. Group discussion - Each substantive unit (starting with unit 2) will have group discussion forums. Through these forums you should discuss the substance of the unit, preparation of your unit s short analysis of assigned judicial decisions, work on your preliminary environmental site assessment including preparation of your group s short paper, and preparation of your Jing presentations on your Wall Street Journal topics. Live Collaborate sessions: Weekly problem sessions and review sessions for tests will be conducted through Collaborate. While live participation is not required it is strongly encouraged. All such sessions will be recorded for those who cannot participate live. It is expected that students will either participate live or listen to the recorded session. Students may use Collaborate for group discussions. If you want your Collaborate session to count as evidence of group participation it should be recorded and the link and password information provided to me. Groups: All students in the class will be randomly assigned to a group of no more than 6 students. Several of the grade components, including case analyses, the site assessment project, and the Wall Street Journal project, will be completed in groups. Almost all work done in our society today is done as part of a group. The ability of groups to work well together and the ability of individuals to work well in groups are essential component of virtually every successful endeavor. Conflict and disagreement among group members is to be expected. The extent, to which members of a group are able to resolve conflicts and disagreements, will often be determinative of the success of the group effort. Group members are strongly encouraged to resolve their differences without the intervention of 3
the instructor; however, should irreconcilable difference arise group members may seek assistance from the instructor. Technology summary and links for additional information: Moodle: Learning with Moodle Collaborate: Using Blackboard Collaborate Jing: Creating web videos* *Created by TechSmith, an outside organization Course Policies A STUDENT S DUTY: 1. To read and understand this syllabus and all other administrative materials relevant to the class. 2. To read and/or view and listen to assignments before due and participate in class discussions and group activities. 3. To notify the instructor promptly of any situations likely to affect the student s performance in the class. Instructors Theodore A. Feitshans - Instructor Email: ted_feitshans@ncsu.edu Web Page: http://www.ag-econ.ncsu.edu/faculty/feitshans/feitshans.htm Phone: 919-515-5195 Fax: 919-515-6268 Office Location: Room 3340 Nelson Hall Office Hours: Monday 4:30 p.m. - 5:00 p.m. through a live Collaborate (session recorded); Tuesday 9:00 a.m. -9:50 a.m., 3:30 p.m. - 5:00 p.m. (in person at my office); Appointments in person or by phone are available upon request. Course Meetings Lecture Days: N/A Time: N/A Campus: Internet Location: Internet Meeting Notes Unit written materials, narrated PowerPoint slides, and short MediaSite videos are available through Moodle. 4
Course Materials Textbooks Coursepack - Optional Additional information will be provided at a later time. Wall Street Journal - Multiple Edition: Daily ISBN: N/A Web Link: www.wsj.com Cost: about $30-40 for student subscription Required Expenses None Materials None Requisites and Restrictions Prerequisites ARE 201 or EC 201 or EC 205, or equivalent beginning economics course Co-requisites None. Restrictions None General Education Program (GEP) Information GEP Category Social Sciences GEP Category Outcomes 1. All human societies are governed by culturally determined legal systems of some sort, be these formal or informal. This course examines how the legal system regulates human behavior, organizational processes, and institutional processes in the context of the relationships of humans to their environments. Students will discover that the legal system seeks to regulate even mental processes and the behaviors resulting therefrom through elaborate systems economic incentives and disincentives. Students will learn to recognize environmental legal issues in their professional and personal lives and how legal counsel can assist them. 2. The science of economics seeks to explain how these incentives function and predict the likely success or failure of various incentives. Students will develop an 5
understanding of environmental policy from an economic perspective in the United States and North Carolina. 3. Students will recognize activities covered by environmental laws and understand the legal implications of those activities. Specific economic concepts such as externalities will be discussed in their practical, real-world context. 4. Students will recognize the spectrum of regulatory techniques that can be used to affect environmental outcomes and understand the limitations, which are inherent in the various approaches. Students will learn how analyses of economic costs and benefits may be applied to regulatory determinations. 5. Students will gain an understanding of the complexities and difficulty of enacting and enforcing environmental laws and regulations in light of technological uncertainty and competing societal interests. 6. Students will gain familiarity with the legal system of the United States. How This Course Will Fulfill GEP Category Outcomes 1. Students will study actual judicial decisions so as to understand real-world legal problems and how counsel assist their clients. 2. Students will study how the science of economics can be used to explain legal decision making through the study of regulatory efforts to address real-world problems. 3. Students will learn how to read a business newspaper to identify activities covered by environmental laws. 4. Students will study actual regulations to learn about regulatory techniques. 5. Through the study of judicial decisions students will learn the difficulties associated with using the legal systems to solve complex environmental problems. 6. Students will study specific U.S. and North Carolina legal institutions in their cultural context. GEP Co-requisites This course does not fulfill a General Education Program co-requisite. Transportation This course will not require students to provide their own transportation. Non-scheduled class time for field trips or out-of-class activities is NOT required for this class. Safety & Risk Assumptions None Grading Grade Components 6
Component Weight Details Group case analyses Group participation News analysis (Wall Street Journal) project 20 percent of total grade 20 percent of total grade 20 percent of total grade Students in each group will write a brief case analysis for all cases assigned for analysis. A rubric and an example analysis will be provided. Written case analyses should be brought to class on the day the analysis is assigned. Case analyses must be uploaded (in an MS Word file) to Moodle by the date and time due. The date and time due will always follow the weekly Collaborate discussion section in which the case analysis was discussed. Students in each group are expected to correct their analyses based upon this discussion. One member of the group should upload the completed analysis to Moodle. (At the option of the group each member may upload an identical copy of the analysis to Moodle.) The name of each group member who participated should be on the uploaded case analysis. Case analyses will be graded based upon the understanding and effort reflected in the analysis and the extent to which the rubric was followed. Group participation for each student will be assessed through contributions to assigned group projects. Contributions will be assessed through participation in group work as demonstrated in group Moodle forums and recorded Collaborate work sessions. In addition each group member will be asked for periodic assessments of peers and for a self-assessment. Regular feedback will be provided to each student throughout the semester so that each student can improve his or her group participation. Each student group will follow a particular topic in environmental law/science over the course of the semester, using the Wall Street Journal and wsj.com. Each student group will provide periodic reports on the topic to the class through Jing or Collaborate. Links to these reports are to be provided through the General course questions forum in Moodle. I will discuss options for accessing the Wall Street Journal and wsj.com in my first live Collaborate session and will provide additional information via Moodle. Additional details about this assignment are provided in the rubric. Assessment of this project is based solely upon Moodle activity. No credit shall be given for materials submitted in 7
Component Weight Details Quizzes Examinations 20 percent of total grade 20 percent of total grade paper or by e-mail. All quizzes are low stakes assessments with randomized questions delivered through Moodle. Students may use materials but are expected to do their own work. Multiple attempts (although not necessarily with the same questions) are allowed. The purpose of these quizzes is to help students improve their mastery of the material. Questions will be drawn from unit(s) under discussion and from legal, environmental, and related articles in the previous calendar week of the Wall Street Journal. There will be two, 75-minute exams, and one final exam. The window for the first exam opens as soon as Testing Services opens on Monday, February 18 and closes on Friday, February 22. The window for the second exam opens as soon as Testing Services opens on Thursday, March 21 and closes after Testing Services closes on Wednesday, March 27. The instructor will announce the format and material covered in class in advance of each exam. One 3X5 notecard of handwritten notes (front & back) is permitted. The window for the final exam will be the university exam period. Each exam will focus on material not covered on a previous exam. Since each course unit builds on prior units, each exam will be cumulative. Exams are closed book, except as noted above. No notebook computers, cell phones or other electronic devices may be used during any exam. Use of such a device shall be deemed a violation of the Code of Student Conduct <http://www.ncsu.edu/student_conduct/> and shall be reported as such. All section 601 students are required to take their examinations through DE Testing Services. Please go to: <http://distance.ncsu.edu/testing-services/> You may contact Testing Services by phone: 919.513.1513, or e-mail: deproctor@ncsu.edu 8
Component Weight Details Site Assessment Project 20 percent of total grade For those students who cannot arrange to take exams locally please arrange remote proctoring through DELTA Proctoring Services. Students are strongly encouraged to schedule all examinations prior to January 15. Student groups will conduct steps, as assigned, in a preliminary environmental site assessment (very much abbreviated) of a commercial property. Assessments of residential properties are not acceptable. Example documents will be provided through electronic reserve. Under no circumstances should students enter private property without permission of the owner. The course component with the lowest percentage grade will be dropped. The group participation grade cannot be dropped. Letter Grades This Course uses Standard NCSU Letter Grading: 97 A+ 100 93 A < 97 90 A- < 93 87 B+ < 90 83 B < 87 80 B- < 83 77 C+ < 80 73 C < 77 70 C- < 73 67 D+ < 70 63 D < 67 60 D- < 63 0 F < 60 Requirements for Credit-Only (S/U) Grading 9
In order to receive a grade of S, students are required to take all exams and quizzes, complete all assignments, and earn a grade of C- or better. Conversion from letter grading to credit only (S/U) grading is subject to university deadlines. Refer to the Registration and Records calendar for deadlines related to grading. For more details refer to http://policies.ncsu.edu/regulation/reg-02-20-15. Requirements for Auditors (AU) Information about and requirements for auditing a course can be found at http://policies.ncsu.edu/regulation/reg-02-15-4. Policies on Incomplete Grades If an extended deadline is not authorized by the instructor or department, an unfinished incomplete grade will automatically change to an F after either (a) the end of the next regular semester in which the student is enrolled (not including summer sessions), or (b) the end of 12 months if the student is not enrolled, whichever is shorter. Incompletes that change to F will count as an attempted course on transcripts. The burden of fulfilling an incomplete grade is the responsibility of the student. The university policy on incomplete grades is located at http://policies.ncsu.edu/regulation/reg-02-50-3. Since this class requires group work, requests for an incomplete will rarely be granted. Dropping the course in a timely manner is usually a better option. Late Assignments No late (make-up) exams will be given, except by prior arrangement with the instructor or due to documented illness or other emergency. The format of all make-up exams is within the sole discretion of the instructor. No other assignments will be accepted late. Attendance Policy Attendance This class is given asynchronously through Moodle. All students are expected to read/listen/view all materials, fully participate in groups and all other assignments. For complete attendance policies, please see http://policies.ncsu.edu/regulation/reg- 02-20-3 Absences Since the class is given asynchronously through Moodle, absence policies will generally be inapplicable. Students who miss assignments or exams due to extend illness or other emergencies should contact the Counseling Center for guidance. <http://www.ncsu.edu/counseling_center/> Health Center 10
2815 Cates Avenue Campus Box 7304 Raleigh, NC 27695-7304 919.515.2563 Students who add the class after the first day of classes are responsible for all missed work (to be completed as soon as possible but no later than 72 hours of adding the class). Course Information and Technology prior to the beginning of class 1. Read this syllabus thoroughly. 2. Familiarize yourself with the Announcements and General Course Questions forums on Moodle. 3. Review the information on Moodle, Blackboard Collaborate, and Jing. Unit 1 Getting Started & Introduction to ARE 309 01/7/2013-01/11/2013 1. Read the course materials 2. Introduce yourself through Moodle forum. 3. Answer the poll question. ------------------------------------------------------------------------------------------------------ Units 2-11 Common components: Each of the units 2-11 have the following common components that should be completed. 1. Individual work a. readings b. MediaSite video and/or narrated PowerPoint c. short quiz or quizzes d. poll question e. peer and self-evaluation 2. Group work a. case analysis b. site assessment component c. news analysis (Wall Street Journal) component Unit 2 Introduction to law and government 01/7/2013-01/18/2013 Read the following: 1. Read website on legal research <http://www.lib.ncsu.edu/courses/are309/>. 11
2. Read the Wake County Clerk's office web site: <http://web.co.wake.nc.us/courts/>. 3. Read the Constitution of the United States. 4. Read An Introduction to Law for North Carolinians on electronic reserve. * January ** - last day to add. Unit 3 Introduction to administrative agencies 01/22/2013-01/25/2013 Unit 4 Introduction to dispute resolution 01/22/2013-01/31/2013 Read on electronic reserve, the materials: 1.) "When You Need a Lawyer" 2.) "On the Stand", 3.) the client letter, and 4.) the two charts on the federal and state court systems. Unit 5 Introduction to risk management 02/01/2013-02/08/2013 Unit 6 Protection from toxic chemicals 02/11/2013-02/19/2013 1.) Read the unit 6 materials. 2.) Skim and be prepared to discuss National Audubon Society v. Department of the Navy. 3.) Read and submit a case analysis for Winter v. Natural Resources Defense Council, Inc. Unit 7 Managing land resources 02/20/2013-03/01/2013 * Spring break - March 4-8 Unit 8 Managing water resources 03/11/2013-03/19/2013 Unit 9 Managing air resources 03/20/2013-04/02/2013 *Spring holiday March 28-29 Unit 10 Managing water resources 04/03/2013-04/12/2013 * March 12 - last day to drop. Unit 11 Planning for catastrophic events 04/13/2013-04/25/2013 * Schedule subject to adjustment as needed. 12