An introduction to legal and policy issues of environmental protection and decision-making, including study of common law approaches to pollution control; and the theories and approach to federal laws governing environmental regulation.
Overview of the water allocation doctrines of riparian rights and prior appropriation; the origins of federal power over water resource allocation and controversies between the states and the federal government and between states over shared water resources; and practical aspects of water law and practice in the appropriation doctrine states.
Common law possessory and future interests, estates in land, landlord-tenant relationships, concurrent tenancies, adverse possession, private and governmental restrictions on the use of land, easements and covenants, and some elementary principles of personal property law.
Ocean & Coastal Law
This course explores laws and policies that affect decisions on United States ocean and coastal resources. We examine statutes, regulations, attitudes, and cases that shape how the use, manage, and protect the coasts and oceans. Class discussion typically covers the interrelationship of habitat, wildlife, and land use, as well as issues concerning jurisdictional conflicts.
As a legal subject, toxic torts constitute both the common-law origins of and a continuing companion to environmental law because they deal with state-law means of redressing harmful contamination. In popular culture, toxic torts have been the subject of numerous books and movies, including A Civil Action, Erin Brockovich and The Buffalo Creek Disaster. The toxic torts course explores the common-law legal remedies available to people who have been injured by exposure to, or whose properties have been contaminated by, toxic and hazardous materials. Specific topics discussed will include the common-law causes of action available, problems of proof and causation, and the relationship of common-law remedies to the federal environmental and medical statutes, such as RCRA, CERCLA, FIFRA, TSCA and the federal Food, Drug, and Cosmetic Act.
Federal and state administrative agencies not only adjudicate thousands more cases than all of the courts, they also legislate, making the bulk of rules that govern those cases. As the instrument of government charged with implementing government decisions, they also "execute the laws" as part of the executive branch. This course introduces the statutory policymaking roles of administrative agencies; the limits on their authority; the procedural requirements that structure agency decision-making; and the role of judicial review. The focus is on federal administrative agencies, though some aspects of state law are also discussed.
opics covered include jurisdiction (territorial, subject matter, and venue); forum non conveniens and transfer; state law in federal courts (Erie); pleading and motions; discovery and pretrial; summary judgment; and introduction to remedies.
CALI stands for Computer-Assisted Legal Instruction, and lessons produced are interactive computer programs designed to allow students to test their knowledge of specific areas of the law.
Professor Craig is the author of the following CALI lessons:
- “The Erie Doctrine: Erie Basics.” Civil Procedure; June 2011.
- “Climate Change 5: Addressing Climate Change Through Existing Federal Environmental Statutes.” Environmental Law; May 2011.
- “Climate Change 4: Common-Law Climate Change Lawsuits.” Environmental Law; August 2010.
- “Climate Change 3: An Introduction to and Overview of Climate Change Adaptation.” Environmental Law; June 2010.
- “Climate Change 2: Climate Change Mitigation: The International Dimension.” Environmental Law; April 2010.
- “Climate Change 1: Introduction to Climate Change.” Environmental Law; February 2010.
- “Water Law: The California Doctrine.” Natural Resources Law; December 2009.
- “Water Law: Regulated Riparianism—The Example of Florida.” Natural Resources Law; October 2009.
- “Water Law: Federal Reserved Rights.” Natural Resources Law; September 2009.
- “Water Law: Equitable Apportionment.” Natural Resources Law; August 2009.
- “Water Law: Ground Water Basics.” Natural Resources Law; July 2009.
- “Water Law: The Public Trust Doctrine.” Natural Resources Law; June 2009.
- “Water Law Basics: Prior Appropriation.” Natural Resources Law; June 2009.
- “Water Law Basics: Riparianism.” Natural Resources Law; May 2009.
- “Water Law Basics: Rights in Surface Water.” Natural Resources Law; May 2009.
- “Federal Preemption in Environmental Law.” Constitutional Law; January 2009.
- “FIFRA Basics.” Environmental Law; September 2008.
- “TSCA Basics.” Environmental Law; June 2008.
- “Standing in Environmental Citizen Suits.” Consttutional Law; April 2008.
- “Constitutional Aspects of Environmental Law: Fifth Amendment Takings.” Constitutional Law; March 2008.
- “Constitutional Aspects of Environmental Law: The Commerce Clause.” Constitutional Law; August 2007.
- “Introduction to Administrative Law for Environmental and Natural Resources Law Students.” Administrative Law; March 2007.
- “International Trade and Endangered Species.” Natural Resources Law; December 2006.
- “Introduction to International Environmental Law.” Environmental Law; September 2005.
- “Clean Air Act Stationary Sources and Hazardous Air Pollutants.” Environmental Law; April 2004.
- “Regulated Sources Under the Clean Air Act.” Environmental Law; March 2004.
- “Clean Air Act Stationary Sources and Criteria Pollutants.” Environmental Law; March 2004.
- “RCRA Hazardous Wastes.” Environmental Law; October 2003.
- “RCRA ‘Solid Wastes.’” Environmental Law; August 2003.
- “Clean Water Act Jurisdiction.” Environmental Law; March 2003.
- “Clean Water Act Permitting.” Environmental Law; March 2003.
- “ESA Basics.” Natural Resources Law; March 2003.