Environmental Drafting and Negotiating: Statutes, Rules, and Treaties

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Prerequisite: Administrative Law, or Environmental Law, or International Law, or Legislation. 

This is a course about the tasks of lawyers representing clients in, or before, the legislative and executive branches of the US government. Although focused on environmental problems and governmental processes, the course will develop skills that will be of general use in negotiating and resolving policy issues in complex institutional settings for either public or private clients. Substantively, the course will examine two environmental problems in depth--one focused purely on US environmental policy (such as the impending re-authorization of the Clean Water Act) and one with a strongly international flavor (such as global warming). Procedurally, the course will emphasize simulations. You will negotiate and draft a variety of documents, from position papers to legal instruments to press releases, relating to each environmental problem. With respect to the domestic environmental problem, you will work through inter-agency discussions to develop an administration bill, congressional lobbying and debate to enact a statute based on that bill, and a notice-and-comment rule-making to implement some portion of the enacted statute. With respect to the international environmental problem, you will work through formulating an initial US bargaining position, reaching agreement on a treaty text in international negotiations, and implementing that treaty text through legislation in the US Congress. At each phase in each problem, you will need to tailor your drafted documents and bargaining positions to the interests of the particular client that you represent at that point in the simulations--whether that client is a governmental agency, an entire government, a private corporation, or a not-for-profit public-interest group. 

Written Requirements: Drafts of legal documents or policy-position memoranda in association with the various simulations.