Course Content Reflection
After taking some time to reflect on our course flow, I've conjured up a different strategy to weave a more cohesive narrative through the often confusing tangle of environmental law. Currently, we begin with common law, then tackle waste through CERCLA and RCRA before diving into the CAA. While the transition from tort to waste law makes sense when attempting to bridge the gap of understanding for statutory law, it interrupts what could potentially be a very neat climate unit.
Instead of launching into Roth as the first case, let’s grab the audience’s attention with an equally riveting tort case, like the Kingston Coal Ash Spill Litigation. This will set the stage for Roth, allowing us to slide effortlessly into discussions on the development of fracking and the climate implications of natural gas.
With that solid footing, we can approach tort climate suits, giving students the chance to engage critically with the intersection of science and law. From there, the journey takes us through the CAA, Massachusetts v. EPA, and AEP—that brings us right back to other climate claims outside the CAA's purview. Because AEP explains how the CAA displaces federal common law due to the pervasive occupancy of CAA in the subject, we could talk about what AEP leaves out, coming back to state common law and utilizing the Sabin Law Center Climate Database to explore other climate theories and causes of action.
After exploring the CAA and discussing other ways to target climate, that smoothly leads into the details of Juliana and Green Amendments movement spreading through State Constitutions. If still relevant next year, we could continue examining the emerging Climate Superfund laws taking root in various states. This is a rich field of information, integrating complex topics within a focused climate unit.
After climate, we can transition into Water, and then circle around to Waste Laws, perhaps bringing back common law to spotlight how tort acts as the backbone of environmental law. Each significant federal pollution law could even start with a tort case, demonstrating the origins of these crucial statutes! Each law emerges like a character with its backstory, born from an environmental disaster that ignited public outrage and legal action. As we follow the journey of these laws, we see how courtroom battles not only shaped policy but also united communities in their fight against pollution.
Ultimately, this revamped course structure promises not just a lecture but a spirited gathering of minds, where rich discussions flourish. It could be interesting to try out this structure for future classes.
