Most environmental cases are won or lost on the briefing. Trials are a rarity, and many
merits cases are decided without oral argument. The reality of being an environmental litigator
is that your writing skills can determine the outcome of your case. This course will teach
students how to draft litigation documents for real-world cases in environmental law. As you are
learning how to draft litigation documents, you will also learn the various steps involved in
litigating an environmental case from start to finish so you will have some of the skills necessary
for environmental litigation when you enter practice. Drafting assignments will be based on a
case study adapted from an actual federal environmental case involving an environmental
plaintiff and federal defendant, and you will have the opportunity to write briefs from the
perspectives of each party. Students will begin by drafting a Complaint for the environmental
plaintiff that will be based on the facts provided as part of the case materials. The second
assignment will be a Motion to Dismiss by the federal defendant, and the third assignment will
be a Motion for a Preliminary Injunction by the environmental plaintiff. These drafting
assignments, along with class participation and attendance, will comprise the grade for the class.
Each writing assignment will involve legal and some limited factual research, and the instructor
will provide some of the key cases for topics covered in the briefs as a starting point for research.
The goal of the class is to provide you with exposure to drafting some of the more substantive
litigation documents that you will have to draft in environmental practice, as well as provide a
baseline of practical knowledge with respect to litigating a federal environmental case.