Whether in the context of controversial oil pipelines, commercial wind farms off the coast of New England, or general public lands management, the Administrative Procedure Act (“APA”) provides a central, or sometimes the only, cause of action to challenge federal natural resources management and decision-making. This course emphasizes practical aspects of civil litigation in environmental and natural resources law at the federal level. It provides an overview of the life of an environmental and natural resources case, including jurisdictional prerequisites, complaints, emergency injunctive relief, dispositive motions, administrative records, hearings, appeals, and remedies.
Students in this class will learn, from start to finish, how to litigate federal environmental and natural resources cases brought under the APA. The emphasis will not be on mastering the substance of the various environmental laws (although some of that will be necessary), but instead on the mechanics of litigation in this specialized area and the practical skills and knowledge necessary to successfully prosecute and defend these suits.
Each class will focus on a specific aspect of the litigation process and will rely in significant part on briefs and other practice materials from actual situations environmental and natural resources lawyers have addressed. The focus will be on federal court litigation and, in particular, “record review” litigation that is common for many public interest environmental cases.
Current & Previous Instructors:
|312 (CRN: ) Credits: 2|
Spring, 2016 (Evening).