This course will examine the bases and assumptions that have driven the development of environmental law, as well as the intersection of this body of law and foundational legal principles (including standing, liability, and the Commerce Clause). Each form of lawmaking (statutes, regulations, and court decisions) will be examined, with emphasis on reading and understanding primary sources such as court cases and the laws themselves. The course also analyzes the judicial selection process in order to understand the importance of how the individuals who decide cases that determine the shape of environmental law and regulations are chosen.
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