UNIVERSITY OF PITTSBURGH ENVIRONMENTAL LAW CLINIC SPRING 2009 SYLLABUS PROFESSOR EMILY A. COLLINS CONRAD DANIEL VOLZ, DRPH, MPH
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1 UNIVERSITY OF PITTSBURGH ENVIRONMENTAL LAW CLINIC SPRING 2009 SYLLABUS PROFESSOR EMILY A. COLLINS CONRAD DANIEL VOLZ, DRPH, MPH Class Meetings: 2:30-4:20 Tuesday and Thursday Room G-18 Required Text: SELECTED ENVIRONMENTAL LAW STATUTES, Educational Edition (Thomson West); Environmental Law Clinic Manual. Recommended Text: JEFFREY G. MILLER, ANN POWERS, AND NANCY LONG ELDER, INTRODUCTION TO ENVIRONMENTAL LAW: CASES AND MATERIALS ON WATER POLLUTION CONTROL (ELI Press 2008) (hereinafter Miller, Powers, Elder text ). If you have a disability for which you are or may be requesting an accommodation, you are encouraged to contact both your instructor and the Office of Disability Resources and Services, 216 William Pitt Union, / (TTY) as early as possible in the term. DRS will verify your disability and determine reasonable accommodations for this course. Religious Observance: The University of Pittsburgh has a tradition of recognizing religious observance of members of the University community in instances where those observances may conflict with University activities. On such dates, students should not be penalized for absences. Examples of such occasions are Yom Kippur and Good Friday, but other days of religious observance may also conflict with scheduled academic activity or evaluation. When such conflict occurs, students and faculty should make every effort to reach mutually agreeable arrangements to reschedule the academic activity or provide a substitute activity or evaluation. Students should be encouraged to alert faculty to potential for such conflicts as early in the term as possible. Week Date Topic Assignment Week 1 Jan 13, 2009 Introduction. Clinic offices orientation. Read Clinic Manual. Read Pa. RPC 5.5 and comments (2008) (Unauthorized Practice of Law) available at (last checked November 18, 2008).
2 Jan 15, 2009 Client Interviewing. case assignments. Read Pa. RPC 1.6 and comments (2008) (Confidentiality). Week 2 Jan 20, 2009 Giving Feedback and Accepting Feedback. Prepare team presentations of environmental statutes. Jan 22, 2009 Overview of: CWA & Clean Streams Law SMCRA SDWA Theory of the Client & Clientcentered Representation. Overview of: ESA NEPA CAA Common Law Causes of Action Prepare team presentations of environmental statutes. Read Pa.RPC 1.2, 1.4, 2.1 and comments (2008) (Scope of Representation and Allocation of Authority Between Client and Lawyer; Communication; Advisor).
3 Week 3 Feb 3, 2009 Community Outreach. Public Participation in Environmental Decisionmaking and Risk Assessment. Citizen Enforcement. Pa. RPC 7.1, 7.2, 7.3 and comments (2008) (Communications Regarding a Lawyer s Service, Advertising, Direct Contact with Prospective Clients). Read 35 P.S , , (2008) (abatement of nuisances; restraining violations; complaints; investigations; civil penalties). Read Eileen Gay Jones, Risky Assessments: Uncertainties in Science and the Human Dimensions of Environmental Decisionmaking, 22 WM. MARY ENVTL. L. & POL Y REV. 1 (1997). See Miller, Powers, Elder text, Chapter XI (Citizen Suit Enforcement). Feb 5, 2009 Week 4 Feb 10, 2009 Factual Investigation and the Role of the Expert. Read Associated Builders & Contractors, Inc. v. Pennsylvania Department of General Services, 747 A.2d 962 (2000) (regarding the Right to Know Law). Read Pa. RPC 3.1, 4.2, 4.3 and comments (2008) (Meritorious Claims and Contentions, Communication with Person Represented by Counsel, Dealing with Unrepresented Person). Read 25 Pa. Code (2008) (Prehearing Procedure). Read Pavlak v. Dyer, 2003 WL (Pa.Com.Pl. 2003) (regarding attorney work-product and required disclosure of the grounds for an expert witness opinion). Feb 12, 2009 Turn in Expert Retention letter (actual, if applicable, or hypothetical) by February 13 at 6:00.
4 Week 5 Feb 17, 2009 Media Relations & Media Strategy Guest Teacher: Jeanne K. Clark. Read Pa. RPC 3.6 and comments (2008) (Trial Publicity). Read John M. Stanton, Environmental Law s Path Through the 4 th Estate: Environmental Law and the Media; Symposium Article: Environmental Attorneys and the Media: Guidelines for Effectiveness, 33 B.C. ENVTL. AFF. L. REV. 593 (2006). Read Charlotte Ryan and Samuel Alexander, Environmental Law s Path Through the 4 th Estate: Environmental Law and the Media; Symposium Article: Reframing the Presentation of Environmental Law and Policy, 33 B.C. ENVTL. AFF. L. REV. 563 (2006). Feb 19, 2009 Week 6 Feb 24, 2009 Policy Formulation Feb 26, 2009 Week 7 Mar 3, 2009 Policy Evaluation Mar 5, 2009 Week 8 Mar 10, 2009 Spring Break Mar 12, 2009 Spring Break
5 Week 9 Mar 17, 2009 Discovery. Expert Consultant and Testifying Expert Role in Discovery. Expert Report preparation. Read Pa. R.C.P. Nos (2008) available at toc.html (last checked November 11, 2008). Read 25 Pa. Code , (2008) (EHB Discovery; Prehearing Memorandum). Mar 19, 2009 Turn in depositions on written questions by March 23, 2009, at 6:00 pm. Week 10 Mar 24, 2009 Negotiation and Alternative Dispute Resolution. Read Pa. RPC 4.1 and comments (2008) (Truthfulness in Statements to Others). Read 25 Pa. Code (2008) (EHB Voluntary Mediation). Handout. Mar 26, 2009 Turn in prehearing memorandum by March 27, 2009, at 4:00 pm. Week 11 Mar 31, 2009 Negotiation simulation. Prepare for negotiation. April 2, 2009 Week 12 Apr 7, 2009 Expert Witness Preparation. Laying a Foundation for Experts and Documents. Read Grady v. Frito-Lay Inc., 576 Pa. 546 (2003). Read Pa. R.E Read F.R.E Apr 9, 2009 Expert Direct, Cross Examination, Voir Dire Read Handouts.
6 Week 13 Apr 14, 2009 No class. Prepare for mock hearing. Apr 16, :00-5:00 Mock Hearing, Teplitz Memorial Moot Courtroom The Honorable Judge Renwand. Week 14 Apr 21, 2009 Review Mock Hearing. Comparative ethical considerations. Read J. William Futrell, Environmental Ethics, Legal Ethics, and Codes of Professional Responsibility, 27 Loy. L.A. L. Rev. 825 (1994). Read Public Health Leadership Society, Principles of the Ethical Practice of Public Health (2002). Read Professor Dorothy J. Glancy, Ethical Responsibilities in Regulatory Practice: Where does Kaye Scholer Leave Us?, American Bar Association, Section of Natural Resources, Energy, and Environmental Law, Ethical Issues Facing Natural Resources, Energy, and Environmental Lawyers, September 30, Apr 23, 2009 Case Review Students are responsible for their cases (including any court appearances) through the end of the exam period (May 12, 2009). Closing memos are due by May 12, 2009.
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