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NATURAL RESOURCES AND ENVIRONMENTAL LAW Prof. Antonio G.M. La Via Prof. Brenda Jay Angeles Mendoza Prof.

Ma. Aleta C. Nunez DLSU College of Law First Trimester, 2013-2014 Course Description and Objectives This course is designed with the following objectives. At the end of the course, the students should be able to: understand the basic legal and constitutional concepts that underpin Philippine environmental and natural resources law and policy; appreciate the environmental and natural resources governance system of the Philippines, including understanding the role of key government agencies and other actors in the system; acquire knowledge on specific areas of Philippines environmental and natural resources law; have a sense of legal remedies available for environmental cases using the environmental rules of procedure appreciate the linkage between national laws and international environmental law acquire knowledge on specific international environmental issues such as climate change and biological diversity.

Textbook: Philippine Law and Ecology by Prof. Antonio G.M. La Via (Volumes 1 and 2). Requirements: Each professor will explain their respective requirements and grading system. We are aiming however for one final class project that will serve as the final exam, which will be an inter-class environmental moot court competition. I. INTRODUCTION

(1) Course expectations and overview (2) Overview of Philippine Environmental Issues (3) The Constitutional and Legal Framework on Natural Resources and the Environment *Preface and Chapter 1 of Volume 1 (pp. 1-121), Philippine Law and Ecology *Full texts (including other opinions) of: Oposa v. Factoran (G.R. No. 101083 July 30, 1993) Concerned Citizens vs. MMDA (G.R. Nos. 171947-48, December 18, 2008), Carino vs. Insular Government (212 U.S. 449,1909) Cruz vs. NCIP (G.R. No. 135385, December 6, 2000)

II. Institutional Framework for Natural Resources and the Environment (1) (2) (3) (4) The DENR and other agencies in the executive branch The role of Congress The emergence of the Judiciary Other relevant actors

*Chapter 2 of Volume 1 (pp. 122-152), Philippine Law and Ecology III. Environmental Impact Assessment (1) (2) (3) (4) The rationale of the EIA system The legal framework for EIA in the Philippines EIA as a regulatory and planning tool Social acceptability in the EIA system

*Chapter 3 of Volume 1 (pp. 153-207), Philippine Law and Ecology IV. Forests (1) State of our forests (2) Legal Framework on forests (3) Reversing deforestation and degradation *Chapter 4 of Volume 1 (pp. 208-264), Philippine Law and Ecology V. Protected Areas, Wildlife and Biodiversity (1) State of protected areas, wildlife and biodiversity in the Philippines (2) The legal framework for protected areas, wildlife and biodiversity (3) The international context of biodiversity and species protection *Chapters 5 and 6 of Volume 1 (pp. 273-322), Philippine Law and Ecology *Biodiversity chapter in Volume 2, Philippine Law and Ecology (specific chapter and pages to be provided later) VI. Fisheries, Coastal and Marine Resources 1. State of Philippine fisheries, coastal and marine resources 2. The legal framework for fisheries and marine resources 3. International agreements on fisheries and marine pollution *Chapters 7 of Volume 1 (pp. 333-364), Philippine Law and Ecology *Fisheries and marine chapter in Volume 2, Philippine Law and Ecology (specific chapter and pages to be provided later)

VII.Mining 1. The challenge of mining in the Philippines 2. The legal framework on mining 3. Towards responsible mining *Chapters 8 of Volume 1 (pp. 365-454), Philippine Law and Ecology VIII. Solid Waste Management

1. Solid waste management issues In the Philippines 2. The legal framework on waste management 3. Overcoming the solid waste challenge *Chapter 9 of Volume 1 (pp. 455-486), Philippine Law and Ecology IX. Industrial, Air and Water Pollution 1. Toxic and Hazardous Wastes 2. Cleaning the air 3. Cleaning the water *Chapter 10 of Volume 1 (pp. 487-535), Philippine Law and Ecology X. The Rules of Court for Environmental Cases 1. 2. 3. 4. 5. Overall framework of environmental litigation The Writ of Kalikasan Continuing Mandamus SLAPP cases Precautionary principle as rule of evidence

*See Part 2 of Volume 2 of Philippine Law and Ecology XI. Overview of International Environmental Law 1. The evolution of international environmental law 2. A survey of multilateral environmental agreements 3. A focus on Climate Change *See Part 1 of Volume 2 of Philippine Law and Ecology, and Chapter 11 of Volume 1 (pp. 536-555).