THE UNIVERSITY of EDINBURGH

DEGREE REGULATIONS & PROGRAMMES OF STUDY 2020/2021

Information in the Degree Programme Tables may still be subject to change in response to Covid-19

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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: Climate Law Formation: Movement Building, Lawmakers, and Equity (LAWS11465)

Course Outline
SchoolSchool of Law CollegeCollege of Arts, Humanities and Social Sciences
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) AvailabilityNot available to visiting students
SCQF Credits20 ECTS Credits10
SummaryThis course addresses the process of climate law formation by interactions between movement-building, the private sector, and government law-writing, with a particular focus on equity and just transition concepts affecting the formation of law. The course considers how litigation is one tool among many involved in the formation of climate law. It investigates the political and organizing forces that create the law, and the way lawyers (including students) might work with them. It starts with the interactions between litigation, legislation, and political negotiation and then builds to more specific climate law examples. The course is intended to be complementary to Climate Change Litigation: Practice and Theory (LAWS11421).
Course description Provisional seminar outline:

Week 1: Movements and law formation: theory and history;
Week 2: Environmental aw formation: US statutory and regulatory examples;
Week 3: Climate law formation overview: movements and examples;
Week 4: Climate Law and equity: redlining, environmental justice, and just transitions;
Week 5: Negotiated aw formation: rulemaking and legislative processes;
Week 6: Strategic litigation for movement-building: public trust and common law cases;
Week 7: Litigation as Corporate Accountability and Source of Commercial Law ¿ fraud and disclosure cases and resulting law;
Week 8: Climate market law and movements: pro and con;
Week 9: Sub-nationals and law formation;
Week 10: Summation.
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Students MUST have passed: Introduction to International Environmental Law (LAWS11422)
Co-requisites
Prohibited Combinations Other requirements None
Course Delivery Information
Academic year 2020/21, Not available to visiting students (SS1) Quota:  25
Course Start Semester 2
Timetable Timetable
Learning and Teaching activities (Further Info) Total Hours: 200 ( Seminar/Tutorial Hours 20, Programme Level Learning and Teaching Hours 4, Directed Learning and Independent Learning Hours 176 )
Assessment (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
Additional Information (Assessment) Formative Assessment:«br /»
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Students will be able to submit a practice contribution to the class wiki prior to assessment of the wiki commencing.«br /»
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Summative Assessment:«br /»
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1) Contribution to Class Wiki (30%)«br /»
Students will contribute up to five 300-word posts of to the class wiki from week 3 to week 7 of the course. Contributions should explain and evaluate specified regulation, statutes, or judgments relevant to the topic of the seminar. A mark on a 10-point scale will be given for each week, with the total mark for the assessment being the average of the best four marks. Details of the scale will be provided in the Course Guide.«br /»
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2) Essay of 3500 words (70%)«br /»
The essay will allow students to explore in more depth the governance challenges relating to one particular issue dealt with in seminars 4-10.
Feedback Feedback on the formative assessment may be provided in various formats, for example, to include written, oral, video, face-to-face, whole class, or individual. The course organiser will decide which format is most appropriate in relation to the nature of the assessment.

Feedback on both formative and summative in-course assessed work will be provided in time to be of use in subsequent assessments within the course.

Feedback on the summative assessment will be provided in written form via Learn, the University of Edinburgh's Virtual Learning Environment (VLE).
No Exam Information
Learning Outcomes
On completion of this course, the student will be able to:
  1. Critically discuss the emergence and development of key sources of climate law;
  2. Understand and evaluate the main processes of climate law formation through interactions between movement-building, the private sector, and government, and the development of legal rules utilised in climate action;
  3. Identify key gaps and weaknesses of the processes of climate law formation and critically discuss options for reform.
Reading List
Indicative Bibliography:

Ann Carlson, The Clean Air Act¿s Blind Spot, 65 UCLA L. Rev. 1036 (2018)

Clean Power Plan, 80 Fed. Reg. 64,661 (2015)

Connecticut v. American Electric Power, 564 U.S. 410 (2011)

Jody Freeman, The Obama Administration¿s National Auto Policy: Lessons from the ¿Car Deal¿, 25 Harvard Environmental Law Review 344 (2011)

Selections from John Hart Ely, Democracy and Distrust: A Theory of Judicial Review, Harvard University Press (1980)

Selections from All We Can Save: Truth, Courage, and Solutions for the Climate Crisis, Penguin Random House (2020)

Elena Kagan, Presidential Administration, 114 Harv. L. Rev. 2245 (2001)

Friends of the Irish Environment v. The Government of Ireland, Supreme Court of Ireland (2020)

Massachusetts v. EPA, 549 U.S. 497 (2007)

Jedediah Purdy, The Long Environmental Justice Movement, 44 Ecology Law Quarterly 809 (2018)

Juliana v. United States, U.S. Ninth Circuit Court of Appeals (2020)

Selections from Gerald Rosenberg, The Hollow Hope: Can Courts Bring About Social Change? University of Chicago Press (2008)

Urgenda Foundation v. The State of the Netherlands, Supreme Court of the Netherlands (2020)

Utility Air Regulatory Group v. EPA, 573 U.S. 302 (2014)
Additional Information
Graduate Attributes and Skills Knowledge and understanding
- Critically discuss the emergence and development of key sources of climate law;
- Understand and evaluate the main processes of climate law formation through interactions between movement-building, the private sector, and government, and the development of legal rules utilised in climate action;
- Identify key gaps and weaknesses of the processes of climate law formation and critically discuss options for reform.

Skills and Abilities in Research and Enquiry

- Find and contextualise key materials relating to climate law formation;
- Critically evaluate the relevant legal documents, including regulations, statutes, and judgments of domestic courts and tribunals;
- Explain key concepts relating to climate law;
- Participate in debates about the effectiveness and challenges of climate law.
- Graduate Attributes: Skills and abilities in Personal and Intellectual Autonomy
- Work by themselves in order to complete assignments;
- Manage their time in order to complete assignments within set deadlines.

Skills and Abilities in Communication
- Communicate fluently the nature of legal processes pertinent to climate law formation.

Skills and Abilities in Personal Effectiveness
- Present legal arguments coherently and with authority.

Technical/practical Skills
- Write wiki posts and essays, using appropriate conventions of academic writing.
KeywordsClimate Change,LLM,Level 11,Postgraduate,Global Environment,Law
Contacts
Course organiserMr Navraj Ghaleigh
Tel: (0131 6)50 2069
Email: N.Ghaleigh@ed.ac.uk
Course secretaryMiss Chloe Culross
Tel: (0131 6)50 9588
Email: Chloe.Culross@ed.ac.uk
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