Handbook home
US Environmental Law and Policy (LAWS90116)
Graduate courseworkPoints: 12.5Not available in 2022
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
Overview
Fees | Look up fees |
---|
This subject focuses on legal and policy issues concerning the regulation of environmental quality. The first part of the subject considers the theoretical foundations of environmental regulation, including economic and non-economic perspectives on environmental degradation; the scientific predicate for environmental regulation; the objectives of environmental regulation; the valuation of environmental benefits; the distributional consequences of environmental policy; and the choice of regulatory tools, such as command-and-control regulation, taxes, marketable permit schemes, liability rules and informational requirements. The second part analyses the political dimensions of environmental law, including the role of the various institutional actors, the allocation of regulatory authority in a federal system, and public choice explanations for environmental regulation. The third and major part of the subject analyses, from legal and policy perspectives, the principal United States (US) environmental statutes, particularly the Clean Air Act, the Clean Water Act and the statutes regulating hazardous substances.
Principal topics include:
- Economic and non-economic perspectives on environmental degradation
- Scientific predicate for environmental regulation: Risk assessment
- Objectives of environmental regulation: Risk management
- Distributional consequences of environmental policy
- Choice of regulatory tools: Command-and-control regulation, marketable permit schemes and effluent fees
- Choice of regulatory tools: Deposit-refund systems, liability rules and informational approaches
- Federalism and environmental regulation
- Environmental law and public choice
- US Clean Air Act
- US Clean Water Act
- US Resource Conservation and Recovery Act (RCRA)
- US Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): Introduction; potentially responsible parties.
Intended learning outcomes
A student who has successfully completed this subject will have the following skills:
- Ability to critically analyse choices among environmental policies
- Sophisticated understanding of the political and institutional backdrop to the design of environmental regulatory programs
- Facility at interpreting complex environmental statutory schemes
- Understanding and ability to evaluate and criticise the major strands of the academic literature.
Last updated: 12 November 2022
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
Corequisites
None
Non-allowed subjects
LAWS70466 US Environmental Law and Policy
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 12 November 2022
Assessment
Description | Timing | Percentage |
---|---|---|
Take-home examination
| 11 - 14 May | 100% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 12 November 2022
Quotas apply to this subject
Dates & times
Not available in 2022
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 12 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 12 November 2022