Purpose of the Assignment:
To synthesize and re-cap the material we have been discussing all semester
To require the student to do college-level independent research on a topic not covered in class but is tangentially related to the semester theme of real property laws, and
To have the student apply these semester-long themes to this new research material
Assignment: One topic that we did not cover in class this semester that has real property law implications is ENVIRONMENTAL LAW. For your Final Exam, write a four-page paper (using the class required format structure, so it is a full four pages plus at least some on page 5) that includes the following:
Define and give several examples environmental law. These could be federal, state, or local laws, statutes, or regulations.
Pick three of these topics we covered this semester (from the list below), and discuss how they intersect with environmental law:
Adverse possession
Public Records: Deeds, recordation, title, surveys, plats and subdivisions
Easements and other land use restrictions
Governmental powers over real estate, particularly:
Zoning
Eminent domain/condemnation
Interactions with government agencies / public hearings
Leases
Fair Housing Act and the history of housing discrimination / redlining
Affordable Housing
Mortgage financing/lending (commercial and residential)
Hints and Tips:
Hint/Tip #1: This is a real property law class, not a class on public policy or urban affairs, so your paper should be a discussion of what environmental law is and how the real property law concepts that we learned about in class intersect with environmental law. Your paper must not be an advocacy discussion of the pro’s and con’s of environmental policy/laws but, instead, a discussion of how one is affected by the other.
Hint/Tip #2: As with many of the topics we covered this semester, environmental law can be an entire semester-long course by itself so it is not my expectation that you become an expert in this material. That’s not the point of this exercise. Rather, I’d like you to learn just enough about environmental laws to apply those concepts to the material that you’ve learned this semester (from the list above.
Hint/Tip #3: This is a college paper so it should not have flowery language or be written as a marketing brochure – just the discussion of the topic, please. <See my note below about using artificial intelligence software like ChatGPT!)
Hint/Tip #4: This is only a four-page paper so do not try to learn everything about every environmental law then try to apply then to our class.
Hint/Tip #5: Your paper should have adequate sources to demonstrate the research that you did. This is a college paper for a 300-level class, so you are expected to follow the University of Baltimore guidelines on research and plagiarism. Papers will be downgraded without appropriate references and sources, as well as proper format of the footnotes or endnotes.
Hint/Tip #6: Also, papers will be downgraded that do not adhere to the class formatting paper requirements. Yes, I can tell when you use line spacing that is not single-spaced, that is more than 6 points between paragraphs and has more than 1” margins. Really, I can. Since this is your final exam, I will be grading down for not following these requirements. If you need some assistance in setting up your Word document to meet these requirements, please let me know and I will help.
Hint/Tip #7: The links below are to academic papers that cover some of this type of material – the intersection of environmental laws with real property laws. I am including these as a guide to help you see how these subjects overlap but feel free to find any additional web or academic literature that you would like to include. I’ve included these files in Canvas for you to access, if you want to use them. Just a note: A lot of this type of academic research is from researchers outside the US, but many of the real property and environmental concepts are similar enough for our class.
Article Title
Link to Article
Author(s)
Climate Change and Real Estate in California: Can Climate-Related Risk be a Required Disclosure for Residential Real Estate?
Paper for Final Exam – Climate Change and Real Estate in California (Jacques, 2022).pdfDownload Paper for Final Exam – Climate Change and Real Estate in California (Jacques, 2022).pdf
Lindsey Jacques
Conservation agreements and environmental governance: The role of nongovernmental actors
Paper for Final Exam – Conservation agreements and environmental governance (Boonrueang & Reid, 2020).pdfDownload Paper for Final Exam – Conservation agreements and environmental governance (Boonrueang & Reid, 2020).pdf
Surasak Boonrueang and Colin Reid
Environmental Law as Segregation
Paper for Final Exam – Environmental Law as Segregation (Ahmad & Bryan, 2021).pdfDownload Paper for Final Exam – Environmental Law as Segregation (Ahmad & Bryan, 2021).pdf
Nadia B. Ahmad and Melissa A. Bryan
The intersection of property rights and environmental law
Paper for Final Exam – The intersection of property rights and environmental law (Grinlinton, 2023).pdfDownload Paper for Final Exam – The intersection of property rights and environmental law (Grinlinton, 2023).pdf
David Grinlinton
Land, property and urban planning
Paper for Final Exam – Land, Property, and Urban Planning (De La Sala & Alterman, 2024).pdfDownload Paper for Final Exam – Land, Property, and Urban Planning (De La Sala & Alterman, 2024).pdf
Safira De La Sala and Rachelle Alterman
Property Rights and Power across Rural Landscapes
Paper for Final Exam – Property rights and power across rural landscapes (Graham, 2022).pdfDownload Paper for Final Exam – Property rights and power across rural landscapes (Graham, 2022).pdf
Nicole G. Graham and Jessica A. Shoemaker
Note: If these links don't work, please let me know and I'll email these papers to you
Hint/Tip #8: So, what are environmental laws and how do you research them?
State: Maryland Department of the Environment: https://mde.maryland.gov/Pages/index.aspxLinks to an external site.
Federal government: Over the years, the U.S. Congress has passed significant legislation governing environmental law and policy. Below, you will find the more prominent pieces of legislation. FYI: This is just a high-level list of the legislation – you will have to do additional research to better understand the purpose of the laws so that you can write about how they intersect with the concepts we discussed this semester.
Clean Air Act (CAA)
According to the Congressional findings and declaration of purpose of the CAA, the Act was designed to "protect and enhance the quality of the Nation's air resources" and to promote research and provide assistance to state and local governments in an effort to combat air pollution. The CAA is overseen by the Environmental Protection Agency (EPALinks to an external site.).
42 U.S.C.§7401, et seq.Links to an external site.
Clean Water Act (CWA)
The CWA's Congressional declaration of goals and policy states that the "objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." The act provides for research, enforcement, and state assistance in efforts to curb water pollution. The CWA is overseen by the Environmental Protection Agency (EPALinks to an external site.).
33 U.S.C. §1251, et seq.Links to an external site.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
CERCLA, also known as the Superfund program, is a law that placed a tax on certain businesses in industries engaged in work with hazardous materials. The purpose of the taxLinks to an external site. was to provide funding to clean up any hazardous materials disposal sites if those businesses no longer existed. CERCLA is overseen by the Environmental Protection Agency (EPALinks to an external site.).
42 U.S.C. §9601, et seq.Links to an external site.
Endangered Species Act (ESA)
The ESA governs the conservation of fauna in the United States. The policy section of the ESA states that it is "the policy of Congress that all Federal departments and agencies shall seek to conserve endangered species and threatened species." The act further provides that members from various agencies are to be placed on a task force, but final determination of animals that satisfy listing as endangered species is made by the Secretary of the Interior or the Secretary of Commerce. The ESA is overseen by the U.S. Fish and Wildlife ServiceLinks to an external site. and the National Oceanic and Atmospheric AdministrationLinks to an external site..
16 U.S.C. §1531Links to an external site.
Marine Protection, Research and Sanctuaries Act (MPRSA)
The MPRSA was passed to regulate dumping in the oceans. The Congressional finding, policy, and declaration of purpose section provides "it is the policy of the United States to regulate the dumping of all types of materials into ocean waters." The MPRSA further provides a framework for the regulation of dumping and enforcement of those regulations. The MPRSA is overseen by the Environmental Protection Agency (EPALinks to an external site.).
33 U.S.C. §1401Links to an external site.
National Environmental Policy Act (NEPA)
The passage of NEPA resulted in the creation of the Environmental Protection Agency. The Congressional declaration of purpose of the Act explains that NEPA's purpose is, "To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality." While the EPA is heavily involved with NEPALinks to an external site., the White House also appoints the Council on Environmental QualityLinks to an external site., which oversees the implementation of NEPA across all agencies.
42 U.S.C. §4321, et seq.Links to an external site.
Resource Conservation and Recovery Act (RCRA)
The RCRA was passed to regulate solid waste in the United States. In the Congressional findings section, it is further provided that due to the passage of other environmental laws and regulations (such as the Clean Air Act and Clean Water Act) more solid waste was being created, and there needed to be more regulation on hazardous waste disposal. The RCRA is overseen by the Environmental Protection Agency (EPALinks to an external site.).
42 U.S.C. §6901, et seq.Links to an external site.
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Paper notes and guidelines: Your paper should be at least four (4) pages adhering to the course writing requirements (stated on the syllabus and reiterated below), plus adequate references of outside sources. This means a minimum of four full pages plus at least some additional material on a fifth page. Clarity counts! Since this is our sixth paper of the semester, submissions will be downgraded if these requirements are not met.
Please specifically note the requirements on the use of Artificial Intelligence apps/software/programs (i.e., ChatGPT or similar) that you use to assist in researching or writing your paper. I do not mind if you use AI, but please let me know what sections of the paper you used AI for assistance. The reference to the AI-generated material should include the following (these are the Chicago Footnote Style requirements):
The creator of the content (e.g., ChatGPT, Smart Copy)
The text prompt you used to generate the content in quotation marks (if you included the prompt in the body of your text, you are not required to repeat the prompt in the footnote)
The organization or developer that created the tool (e.g., OpenAI, Unbounce)
The date the content was generated
If you have edited the AI-generated text, indicate this in either your footnote or the body of your text
Also, this paper will require you to use outside sources to complete the assignment. Please follow the UBalt writing guidelines for referencing your research and the use of either footnotes or endnotes (I do not have a preference which you use). And, please let me know if you need some additional help working with footnotes, endnotes, or references, or go to this UBalt library link: https://library.ubalt.edu/academic-success/writing-center/student-resources.cfmLinks to an external site.
General Formatting Structure for Papers and Assignments
It is a course requirement that students follow this formatting structure for all submissions (papers, tests, quizzes, etc.). I grade your papers, tests, and quizzes on a tablet, so this type of uniformity is easier on me, so failure to follow this structure will result in a grade deduction.
Font size: 11pt
Font: Calibri
1” margins: top, bottom and sides
Single-spaced
6pt between paragraphs
When a page-length is specified, that means that that is the minimum number of pages plusat least one more line on the next page. If an assignment is for five (5) pages, the student’s submission will be a full five (5) pages and at least one (1) extra line on the sixth (6th) page.
Footnote any sources you use; your grade will be lowered without appropriate references so any material, concept, fact, data, or statement that you use in a paper, quiz, or test that you got from another source must have a reference. I do not have a preference which of the various formats you use for your references/sources, and the UBalt library has more detailed information to help you with documenting your sources: https://library.ubalt.edu/academic-success/writing-center/student-resources.cfmLinks to an external site.
If you use Artificial Intelligence to create, edit, reference, source, or research any part of a paper, quiz, or test, you must reference the AI engine you use, the date of inquiry, and the prompts you used to run the AI engine. Without this information, your grade will be lowered.
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