Law 742 - Regulatory Lawyering

Timothy Malloy

Timothy Malloy

Professor of Law
Faculty Director, UCLA Sustainable Technology and Policy Program
B.A. Villanova University, 1982
J.D. University of Pennsylvania, 1986
UCLA Faculty Since 1998
Course Description:

Legal practice in the modern world requires the ability to deal with complex regulatory regimes, including tax, environmental, telecommunications, and others. Thus, the operation of a business raises a host of regulatory issues to be resolved and integrated into the broader context of managing the business. This experiential course will introduce students to regulatory practice, with the goal of developing the basic skills and experience needed in such a practice. While taught in the context of environmental law, the skills covered in the course are central to a broad range of regulatory practice areas.

In a series of simulated scenarios, the course will focus on a number of industrial or commercial facilities facing a variety of environmental regulatory issues. The scenarios include: (1) regulatory analysis and compliance counseling under various California air quality regulations or federal hazardous waste regulations; (2) review and analysis of draft state and federal permits, and preparation of permit comments on behalf of the company or interested environmental groups; (3) review and analysis of draft regulations, and preparation of written and oral public comments on those draft regulations; and (4) negotiation and drafting of consent order(s) or variances with regulators regarding identified regulatory violations.  Discussion of professional responsibility issues will also be integrated throughout the course.

The course will be self-contained. In other words, those aspects of substantive environmental and administrative law needed for the course will be taught as part of the course. Previous experience in courses such as Environmental Law or Administrative Law is unnecessary.

Course Learning Outcomes:

By the end of this course, students should gain the following substantive knowledge and skills:

Be able to identify and understand key concepts in major environmental regulations and the regulatory
Have an understanding of the role of regulation in public policy
Be able to engage in regulatory analysis (particularly of federal and state environmental regulation) including integration of preamble statements, guidance documents and case law, and application to concrete facts.
Be able to engage in critical analysis of regulatory policy
Be able to write effectively and to communicate orally in legal and business settings</span>