2009 - 2010
Course Syllabus

Instructor: Chuck Treser, Senior Lecturer Office: Room E-179A, Warren G. Magnuson Health Science Center Phone: 206-616-2097 E-Mail: (ctreser@u.washington.edu) Office Hours: Usually Mondays - Fridays from 9:30-11:00 a.m. and 1:30-3:00 p.m., unless I have a class or am in a meeting. It is best to schedule an appointment. Course Website: http://courses.washington.edu/envh471 Revised: 1/06/09

Course Description:

This is an introductory course covering environmental health regulations and their implementation by government agencies. It introduces the major concepts and issues of U.S. administrative law and process which are important to understanding the nature and operation of environmental health services conducted within the context of the regulatory function of government. In the course we will examine the regulatory process and discuss the legal foundations, requirements and some instructive cases which affect program operations.

We will begin the course by discussing those aspects of law and the legal system in the United States which are necessary for comprehension of governmental regulation and enforce-ment in the field of environmental health. Next we will examine the legal issues involved with the conduct of inspections and investigations in the practice of environmental health; the options available to the practitioner which will assure compliance with environmental health regulations; and, the procedures for taking effective legal actions necessary to gain compliance with program goals. The final lessons deal with personal and agency liability.

Course Purpose:

This course is designed to provide students who are environmental health practitioners, or who are studying to become environmental health practitioners, with a background in, and an appreciation for, law and the legal process in the United States as they apply to the practice of environmental health. The purpose of this course is not to provide legal advise for specific situations. The actual legal remedy for a given problem will depend upon the nature of both the law and the facts in the case. These can only be determined with the assistance of an attorney.

This course should, however, help you to communicate with your attorney by making you more aware of the nature and practice of law in the United States.

Course Objectives:

1. Be able to discuss the legal basis, as well as the public health basis, of an environmental health regulatory program — regardless whether it involves air quality, food protection, drinking water, liquid waste treatment, solid waste disposal, or other environmental health program area;
2. Understand and be able to explain the source and proper use of police powers in environmental health;
3. Appreciate the necessity for, and be able to list three methods of, safeguarding individual rights at the same time they are protecting the public's health; and,
4. Understand, and be able to describe the use of, common legal processes and remedies used to accomplish program goals.

Course Structure:

1. Course Contents:  The complete course consists 15 lessons, but has been divided into two parts, ENVH 471B and ENVH 471C.  It is anticipated that the completion of each part will require an academic quarter, and you must complete ENVH 471B before registering for ENVH 471C.
 

a. Part I. The Legal Bases of Regulation - The first six lessons (ENVH 471B) contain information on the basic legal and governmental structure of environmental and public health practice, the nature of regulatory authority, and the requirements and procedures for conducting inspections and investigations.

b. Part II. Legal Tools & Enforcement Procedures - The second half (ENVH 471C) contains materials on specific regulatory tools, enforcement processes,including legal actions, and issues of personal and agency liability.

2. Lessons:  Each lesson consists of:

a. an introduction which describes what the lesson is about and how it is related to the other lessons in the course;

b. an outline of the key points which are important to the lesson;

c. an assignment, which includes;

1) an estimate of the time which is needed to complete the readings and the written exercises for the lesson;

2) a listing the specific materials in your textbooks and supplementary readings which are to be studied,

3) a progress assessment exercise which consists of a series of essay questions which are to be completed and mailed to the instructor; and,

d. a list of references and/or suggested readings for students who may wish to pursue a certain topic in greater depth.

3. Exercises and Examinations:

a. Progress Assessment Exercises.  Each lesson contains a series of progress assessment exercises.  These exercises are essay questions which are designed to stimulate you to think about the concepts presented in, or illustrated by, the readings.  These exercises should help you to understand that the "law" should not be thought of as black and white, but rather should be viewed as a complex conceptual formula applied to a range of fact situations.

b. Final Examination.  The final examination for this course will be a multiple-choice and essay exam covering the range of material, concepts and issues discussed.

The general instructions for completing the essay questions in both of these sets of exercises and examinations are as follows.
 

1) Responses should be brief, yet contain sufficient depth to demonstrate an understanding of the issues and/or concepts involved.

2) All papers must be typewritten.  You will be graded on the substance of your report and on the effectiveness of its organization and presentation.

3) The completed exercises are to be mailed to the course instructor, through the Extended Degree Program office, for evaluation and comment.

4. Registration and Credit:

a. Students in the Extended MPH Degree Program should enroll in ENVH 471B EH Regulation - Part I, (3.0 credits) for the first half of the course; and, ENVH 471C EH Regulation - Part II, (3.0 credits) for the second half.

b. Your final grade in each course will be the average of:  (1) the scores from each of your progress assessment exercises (60%); and, (2) your final examination score (40%).

Course Materials:

1. Textbooks:
   1. Grad, Frank P., Public Health Law Manual [3rd Edition], American Public Health Association, Washington DC, 2004.
   2. Buck, Susan J., Understanding Environmental Administration and Law, (2nd Ed.) Island Press, Washington DC, 1996.
      
2. Required Readings: This is a collection of cases and other readings compiled from a variety of sources. They are all available on the world wide web at "http://courses.washington.edu/envh471/Readings/Contents.htm". Several hard copies arealso available in E-179B.
   
3. Statutes & Regulations: A copy of many of the required statutes is available on-line on the World Wide Web, either through specific postings accessible from the course web site "http://courses.washington.edu/envh471/Statutes/Contents.htm" or by links to other sites.
   a. Federal Statutes: You may wish to purchase a compilation of the major federal environmental statutes such as Environmental Statutes published annually by the Government Institute, Inc. A copy of the current edition of Environmental Statutes is kept on reserve in the Departmental Library.
   b. Misc. Statutes: A collection of illustrative federal, state and local statutes, and rules and regulations is kept on reserve in the Departmental library. Most federal and state statutes are readily available in local libraries.
   
4. Recommended Materials:
   a. Kempin, Frederick G. Jr., Historical Introduction to Anglo-American Law, West Publishing Co., St. Paul, 1983.
   b. Sullivan TFP. Environmental Law Handbook [17th Ed.], Government Institutes, Inc. Rockville MD, 2003.
   c. Gellhorn, Ernest and Levin, Ronald M., Administrative Law and Process in a Nutshell [3d Ed.], West Publishing Co., St Paul, 1990.
   

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