Search: Boalt School of Law, Ground Pollution

The most common source of environmental litigation is soil and groundwater pollution. The three principal bodies of law governing these disputes are the federal Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601, et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901, et seq.), as well as certain common law claims. This class is designed for two kinds of students: those interested in working in the environmental field and those that would like to develop a subspecialty in what will otherwise be a practice emphasizing some other area of law. CERCLA, RCRA and Common Law Claims (formerly known as Environmental Pollution) is designed to immerse students in the complexities of litigation involving soil and groundwater contamination. We will identify practical, realistic approaches to environmental advocacy and achieving results in the courtroom. Upon completion of the course, students will have a sophisticated appreciation of the tactical intricacies of litigation involving soil and groundwater pollution comparable to most lawyers with three or four years of experience. This course explores three universal stages of the litigation process, all in the context of soil and groundwater pollution: (i) analyzing potential theories of liability and available defenses; (ii) determining the appropriate sources of recovery; and (iii) selecting the desired remedy. Within each stage, the class will focus on the peculiarities of the law governing soil and groundwater contamination, as well as the strategic considerations unique to the environmental arena. Students will be exposed to the latest developments regarding CERCLA, RCRA and certain relevant common law schemes.