Professional Writing: Successful completion of appropriate written work in this offering satisfies the professional writing requirement for matriculants to the J.D. program.

Prerequisites: Students must have completed at least one of the following offerings: Environmental Law, Administrative Law, and/or Environmental Law Clinic.

Exam Type: No Exam

Federal environmental law is governed by a host of statutes enacted between the 1970s and 1990. These statutes are challenged by the dramatic and expanding scope of the climate crisis, the proliferation of toxics and plastics, and the biodiversity crisis. As Congress has struggled legislatively, some states have pursued innovative environmental legislation. This lab course introduces students to the legislative and regulatory drafting skill set. Competent legislative drafting is key to the future of federal and state environmental law.

The lab has three components:

1. The Classroom Component: Classroom exercises and discussions will focus on drafting best practices. Classroom discussions will also explore the need for new environmental legislation and the relationship between delegation, legislation, and regulation. State and federal legislators have different constraints and opportunities, and the course will explore when and how detailed statutory and regulatory text are deployed. In the federal sphere, particular attention will be paid to the changing administrative law landscape and what this means for legislative and regulatory drafting. Time will also be spent on ethical considerations and the political realities that influence outcomes.
2. Expert Briefing and Discussion: The second component of the course will involve expert conversations and discussions in DC and Boston. Substantial time will be spent with experts on the legislative process in both Massachusetts – where we will partner with the Massachusetts Department of Environmental Protection and MassWildlife – and DC, where students will meet with lawmakers, Hill staff, lobbyists, NGOs, and members of the Office of Legislative Counsel and the Congressional Research Service. We expect to meet with members and staff from both political parties. We will be in DC from Sunday, 1/11 to Friday, 1/16.
3. Course work: Each student will be required to submit a proposal for future state or federal legislation. This paper will satisfy the professional writing requirement. It is intended to be akin to a proposal that might be prepared by a lobbyist or public interest group.

Students will be provided transportation to and from Washington, D.C., as well as housing (students should plan to share rooms, subject to change based on guidance from Harvard or public health officials). Housing will not be provided for students’ spouses or significant others.