ENVIRONMENTAL LAW

ENVIRONMENTAL LAW

Francesco Fonderico, Maria Laura Maddalena

Instructional goals

Learn the main juridical issues concerning environment protection; acquire knowledge of the environmental regulatory framework at a national, European and international level; acquiring knowledge of the main legal concepts of environmental law also through the discussion of jurisprudential cases. The level of knowledge will be verified through the on campus exercises and the oral exam.

Intended learning outcomes

Knowledge and understanding: The student - through participation in the lectures and practical activities of the course - will have acquired full knowledge of the notions and main institutes of environmental law provided for by the environmental code (Legislative Decree 152/2006) and by special laws, also in light of the supranational framework. The acquisition of knowledge will also be ascertained through intermediate checks. At the end of the course an oral interview will be held Ability to apply knowledge and understanding: The student - by acquiring the correct tools and method - will be able to interpret and apply, also with respect to specific cases, the principles and institutions of environmental law. The student will be able to correlate these principles with those enshrined at supranational level. The presence of online content in the digital platform of the course and the development of practical workshops will allow to verify in real time the skills acquired by the students. The acquisition of knowledge will also be ascertained through intermediate checks. At the end of the course an oral interview will be held Autonomy of judgment: The student, through the use of the methodologies acquired during the course, will be able to collect data and materials to analyze the regulatory sources and relevant guidelines in doctrine and jurisprudence with reference to the discipline of environmental law and will acquire the ability to independently evaluate these data by formulating their own critical judgment on the application of them to concrete cases, identifying the appropriate solutions to the cases practical submitted to his attention Communication skills: At the end of the course, the student will be able to master, with adequate terminological precision, the technical-legal lexicon proper to environmental law. By participating in the various course activities - lessons with classroom discussions, oral exams, simulated process, written tests, group exercises - the student will learn to put these communication skills into practice in different contexts, adapting the lexicon using the interlocutor of reference, so acquiring additional rhetorical and argumentative skills, essential for one's professional career Learning skills: The technical-legal knowledge acquired during the course will allow the student to understand and autonomously interpret the regulatory, doctrinal and jurisprudential news related to the discipline of environmental law. The student will develop a solid knowledge of the fundamental aspects of the subject that will allow him to continue to investigate the topics dealt with independently and to undertake the different post-graduate professional training courses.

Course Contents

The course will be focused on: general concepts; sources of environmental law; public and private entities in environmental law; rights to information and participation and judicial protection; environmental impact and planning assessments; environmental permissions; protection of the landscape; climate change law; circular economy and waste management models; remediation of contaminated sites; environmental damage; models of protection against pollution; green finance

Reference Books

1) Alessandro Crosetti, Rosario Ferrara, Fabrizio Fracchia, Nino Olivetti Rason, Introduzione al Diritto dell'ambiente, Laterza, ult. Edizione (except pp. 156-160 and 330-341) 2) R.Ferrara, F. Fonderico, A. Milone, Casi di diritto dell’ambiente, Giappichelli, ult. ed. 3) It is also recommended to read at least one chapter of the volume by F. de Leonardis, Lo Stato Ecologico, Giappichelli, 2024 (choice of chapters, 2, 3, 4, 5 and 6); 4) Slides of the lessons 5) Italian enviromental code (Codice dell’ambiente, Legislative Decree No. 152/2006)

Teaching Methods

lectures case method individual and group exercises

Assessment Method

During the oral exam the student will be required to show that he/she knows and understands notions and principles of Environmental Law and that he/she is able to apply them to practical cases. There is a differentiation between attending students (attending more than 70% of the classes) and non-attending students. For both categories, the first question will focus on a case taken from the book 'Casi di diritto dell'ambiente' last ed. and it will be followed by two others on the institutes of environmental law. However, regarding the first question, the attending student must bring to the exam four cases, chosen one from each chapter of the casebook (one from the chapter "Principi", one from the chapter " Competenze", one from the chapter "Procedimenti" and one from the chapter "Voci dall'Europa"), while the non-attending student must bring to the exam eight cases, chosen two from each chapter of the casebook. The Exam Committee will choose which case the student should present. A second question on the recommended textbook and slides (A. Crosetti, R. Ferrara, F. Fracchia, N. Olivetti Rason "Introduzione al Diritto dell’ambiente") and a third question on the student's chosen chapter of the book (between chapters 2, 3, 4, 5 and 6) F. De Leonardis "Lo Stato Ecologico" will then be asked to all students. The student is expected to be able to independently analyse sources and relevant theories of Environmental Law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the notions and principles of Environmental Law and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study method (35%). Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter. Forms of monitoring and intermediate verification of the preparation of the course participants are possible, it being understood that the attribution of the grade will take place only at the outcome of the final exam which will take place, at the end of the course, according to the methods and evaluation criteria specified above in detail

Thesis assignment criteria

Environmental law examination mark not less than 28/30 Compliance with the thesis criteria uploaded on the Luiss learn page of the course.

Week 1

Introductory and historical profiles of environmental law. International environmental law and the principle of sustainable development Analysis and discussion of case law

Week 2

European environmental law: evolutionary profiles, sources, organization Analysis and discussion of case law

Week 3

Profiles of constitutional law, division of State-regions competences, subjective situations; access to justice and environmental NGO legal standing; Aharus Convention Analysis and discussion of case law

Week 4

Codification and environmental legislation. Principles of environmental law Central and local administrative organization; organizational networks Analysis and discussion of case law

Week 5

Protection of landscape; relationships between landscape and environment; constraints and differentiated protections; Parks and natural reserves Analysis and discussion of case law

Week 6

Circular economy and waste management Analysis and discussion of case law

Week 7

Environmental Impact Assessment (VIA) and Strategic Environmental Assessment (VAS) and principles of precaution / prevention; the approach of European law; analysis of the relevant directives in the light of EU jurisprudence; the environmental code: analysis of the rules governing the VIA and the VAS in our internal law; Habitats Directive - assessment of environmental implications for the site (VINCA) Analysis and discussion of case law

Week 8

Simplification procedural forms; Environmental authorizations: - integrated environmental authorization (A.I.A); - single environmental authorization (A.U.A.); - relations with other single authorizations Analysis and discussion of case law

Week 9

Water resources. Discharge regulation and protection from water pollution; Part III of Legislative Decree 152/2006. Analysis and discussion of case law

Week 10

Kyoto Protocol and discipline of climate change Analysis and discussion of case law

Week 11

Environmental risk – renewable energy sources Green Finance Analysis and discussion of case law

Week 12

Compensation for environmental damage Remediation of contaminated sites. Moot trial in the Courtroom