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Display AllABCs of Analyzing Energy and the Environment
Paul HinesJohn Burke
This course sets out, in three linked modules, the fundamental knowledge that professionals should have for working in the closely intertwined fields of energy and the environment. Students may take one, two, or three modules for one credit each.
Module A: Engineering Fundamentals for Analyzing Energy and the Environment
The engineering realities of electric power grids and natural gas pipelines greatly constrain the choices that lawyers and policy analysts might otherwise make. This module will cover the engineering fundamentals inherent in the current and expected energy infrastructure.
Module B: Business Fundamentals for Analyzing Energy and the Environment
The energy and electric power industries in the U.S. are facing unprecedented challenges in meeting our society’s demands for low-cost, high-reliability energy and electricity with lower environmental impacts. This module will introduce the major financial and economic factors that energy companies use in making production and investment decisions, and how emerging environmental regulations might affect these decisions. The module will also cover deregulated market structures in the petroleum, natural gas and electric power industries.
Module C: Legal Fundamentals for Analyzing Energy and the Environment
Decades of controversy and development have created a detailed legal and regulatory structure that channels and often defines the choices made by energy providers and users. This module will cover the key jurisdictional, procedural, and substantive elements of the federal and state laws most directly affecting energy and the environment.
Download Module A Syllabus
Download Module C Syllabus
Accounting and Business Fundamentals
This course offers an introduction to accounting and financial concepts and the application of those concepts in analyzing financial statements of large and small businesses. The mechanics of bookkeeping, an examination of balance sheets, cash flow, and profit and loss statements, the meaning of "generally accepted accounting practices," the auditor's role in passing on the validity of financial statements, and the relationship of financial concepts to general business issues will be explored.
Administrative Law
The course will examine the legal principles and framework of agency action. The goal is to provide not only a general understanding of agency processes, but also a good working knowledge of the legal principles and policy critiques that lawyers use to support or oppose agency action. Specifically, the course reviews the implementation of the legislative policy through administrative agencies, constitutional concerns about the operation of agencies, the rule-making and adjudicatory modes of agency action under the APA and the due process clause, and issues of review.
Administrative Procedure and the Environment
This course reviews the legal doctrines that empower and constrain the so-called fourth branch of government-administrative agencies. In many arenas, but particularly in the realm of environmental policy, administrative agencies often "make" more law than courts or legislative bodies, and that law generally has more direct consequences for industry and society. Administrative law is thus fundamentally concerned with whether and how unelected bureaucrats are held accountable as they implement legislative policies. Major topics include agency exercises of power, rulemaking, adjudication, individual participation in agency processes, and judicial review of agency action.
Required for MELP
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ADR and the Environment
This course explores the nature and characteristics of environmental disputes, examines alternative dispute resolution (ADR) processes, and assesses policy and practical considerations that are relevant when selecting a process (including litigation) for resolution of a particular dispute. Statutes, including the Administrative Dispute Resolution Act and the Negotiated Rulemaking Act, will be examined. Simulations, including mediation and arbitration of siting disputes, are used to provide practical exposure to the ADR processes studied. Students cannot take both this course and Alternative Dispute Resolution. Environmental Law and Administrative Law are recommended, but not required.
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Advanced Civil Procedure Seminar
This is a drafting course that satisfies the skills requirement. Students will be briefed on judicial rulemaking and style guidelines and will draft proposed amendments to sets of Vermont Rules used in proceedings of a civil nature, with explanatory notes. These amendments will apply the guidelines used in the December 2007 amendments to the Federal Rules of Civil Procedure, which completely "restyled" the language and format of those Rules. Students will participate in the judicial rulemaking process by orally presenting their drafts to the appropriate Advisory Committee, which will ultimately propose a restyled set of Rules to the Court.
Advanced Energy Writing Seminar
Seminar topics will include proposals for reducing the economic and environmental costs of meeting energy needs. Because of its importance for both finance and emissions, the electricity sector will be a major focus of this class. Efforts to reduce costs through more efficient delivery and end-use will be assessed, with specific attention to the statutory, regulatory, and contractual techniques for creating sound incentives. Each student will produce a significant written paper about a key area in energy policy and law. Successful students will emerge with many of the skills useful for contributing to the work of an energy commission, a law firm with an energy practice, an environmental group addressing energy issues, or a company delivering energy or efficiency services.
Advanced Environmental Legal Research
This seminar provides in-depth exposure to the most useful, efficient strategies and resources for environmental law research, including highly specialized information databases, advanced administrative law research, legislative history, and environmental news/updating services. The course goes well beyond the basics taught in introductory legal research classes and is designed to prepare students to research all types of environmental legal materials for use while in law school as well as in practice. Students will be evaluated on the quality of a research project focused on an environmental issue of their choosing, as well as class participation. This is a limited-enrollment course.
Advanced International Legal Research Seminar
This seminar will teach the most useful research strategies and resources for researching international, comparative, and foreign law competently. It will address relevant methods and sources, both print and electronic, to prepare students to research all types of international legal materials that they will use during their student years as well as in practice. Final grades will be based on a research project as well as class participation. The research project will be a research guide on an international, foreign, or comparative law topic.
Advanced Land Use
Governments, environmental groups, and land conservation organizations increasingly seek to protect and enhance the environment and provide community benefits through land development. This writing seminar examines the intersection of advanced forms of land use regulation in the context of an in-depth student investigation of a significant biodiversity challenge. Reading focuses on the relationship between local, state, and federal regulation and of the relationship between public regulation and private means of conserving biodiversity.
Not offered in 2009-10.


