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The Demise Of Environmentalism In American Law
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Book Synopsis The Demise of Environmentalism in American Law by : Michael S. Greve
Download or read book The Demise of Environmentalism in American Law written by Michael S. Greve and published by American Enterprise Institute. This book was released on 1996 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael S. Greve argues that environmental values no longer play a formative role in American law -- a sharp and recent change. Although ecological presumptions have some force, the author shows, the emerging legal doctrines are consistent with more efficient and sensible regulation. It would be a mistake, Greve cautions, to look to the judiciary for wholesale regulatory reform: such reform can come only from Congress.
Book Synopsis American Environmentalism by : J. Michael Martinez
Download or read book American Environmentalism written by J. Michael Martinez and published by CRC Press. This book was released on 2013-06-20 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting the natural environment and promoting sustainability have become important objectives, but achieving such goals presents myriad challenges for even the most committed environmentalist. American Environmentalism: Philosophy, History, and Public Policy examines whether competing interests can be reconciled while developing consistent, coherent, effective public policy to regulate uses and protection of the natural environment without destroying the national economy. It then reviews a range of possible solutions. The book delves into key normative concepts that undergird American perspectives on nature by providing an overview of philosophical concepts found in the western intellectual tradition, the presuppositions inherent in neoclassical economics, and anthropocentric (human-centered) and biocentric (earth-centered) positions on sustainability. It traces the evolution of attitudes about nature from the time of the Ancient Greeks through Europeans in the Middle Ages and the Renaissance, the Enlightenment and the American Founders, the nineteenth and twentieth centuries, and up to the present. Building on this foundation, the author examines the political landscape as non-governmental organizations (NGOs), industry leaders, and government officials struggle to balance industrial development with environmental concerns. Outrageous claims, silly misrepresentations, bogus arguments, absurd contentions, and overblown prophesies of impending calamities are bandied about by many parties on all sides of the debate—industry spokespeople, elected representatives, unelected regulators, concerned citizens, and environmental NGOs alike. In lieu of descending into this morass, the author circumvents the silliness to explore the crucial issues through a more focused, disciplined approach. Rather than engage in acrimonious debate over minutiae, as so often occurs in the context of "green" claims, he recasts the issue in a way that provides a cohesive look at all sides. This effort may be quixotic, but how else to cut the Gordian knot?
Book Synopsis Before Earth Day by : Karl Boyd Brooks
Download or read book Before Earth Day written by Karl Boyd Brooks and published by University Press of Kansas. This book was released on 2012-03-09 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Americans--even environmentalists--date the emergence of laws protecting nature to the early 1970s. But Karl Boyd Brooks shows that, far from being a product of that activist decade, American environmental law emerged well before the first Earth Day, often in unexpected places far from Capitol Hill. Surveying the landscape from the end of World War II to Earth Day 1970, Brooks traces a dramatic shift in Americans' relationship to the environment and the emergence of new environmental statutes. He takes readers into legislative hearing rooms, lawyers' conferences, and administrators' offices to describe how Americans forged a new body of law that reflected their hopes for rescuing the land from air pollution, deforestation, and other potential threats. For while previous law had treated nature as a commodity, more and more Americans had come to see it as a national treasure worth preserving. Brooks explores the way key features of the New Deal's legal legacy influenced environmental law. This path-breaking environmental history examines how cultural, intellectual, and economic changes in postwar America brought about new solutions to environmental problems that threatened public health and degraded natural aesthetics. Visiting riverbanks and freeways, duck blinds and airsheds, Before Earth Day reveals the new strategies and efforts by which the unceasing process of legal change created environmental law. And through real-world examples-how Los Angelenos pressed cases about water and air quality, how an Idaho lawyer helped clients pursue new environmental regulations, how citizens challenged government and corporate plans to dam rivers-Brooks demonstrates that key changes in property, procedure, contract, and other legal rules in those early years stimulated the national environmental laws to come. Gracefully written and meticulously researched, Brooks's work dramatically updates our understanding of the origins of environmental law. By taking the postwar years more seriously, he shows that earlier actions across the country played a central role in shaping the structure and goals of well-known federal laws passed during the "environmental decade" of the seventies. Before Earth Day describes nothing less than an entirely new way of thinking, as environmental law emerged from local jurisdictions to reshape national agendas, firing the popular imagination and only then remodeling law school curricula. A long-needed corrective to standard political and legal history, it demonstrates both the longstanding environmental concerns of Americans and the resilience of law.
Book Synopsis The Making of Environmental Law by : Richard J. Lazarus
Download or read book The Making of Environmental Law written by Richard J. Lazarus and published by University of Chicago Press. This book was released on 2023-02-15 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated and passionate second edition of a foundational book. How did environmental law first emerge in the United States? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular? Since its first edition, The Making of Environmental Law has been foundational to our understanding of these questions. For the second edition, Richard J. Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, Lazarus provides a theoretical overview of the challenges that environmental protection poses for lawmaking, related to both the distinctive features of US lawmaking institutions and the spatial and temporal dimensions of ecological change. The book explains why environmental law emerged in the manner and form that it did in the 1970s and traces how it developed over sequent decades through key laws and controversies. New chapters, composing more than half of the second edition, examine a host of recent developments. These include how Congress dropped out of environmental lawmaking in the early twenty-first century; the shifting role of the judiciary; long-overdue efforts to provide environmental justice to disadvantaged communities; and the destabilization of environmental law that has resulted from the election of Presidents with dramatically clashing environmental policies. As the nation’s partisan divide has grown deeper and the challenge of climate change has dramatically raised the perceived stakes for opposing interests, environmental law is facing its greatest challenges yet. This book is essential reading for understanding where we have been and what challenges and opportunities lie ahead.
Book Synopsis Strategies for Environmental Success in an Uncertain Judicial Climate by : Michael Allan Wolf
Download or read book Strategies for Environmental Success in an Uncertain Judicial Climate written by Michael Allan Wolf and published by Environmental Law Institute. This book was released on 2005 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last 30 years, we have made great progress in curbing the most obvious pollution largely due to effective enforcement of federal and state environmental statutes. Now, however, there is increasing skepticism of the efficiency and even the constitutionality of our bedrock environmental laws from all branches of the federal government, including the courts. This book is the result of lively debate at the conference Alternative Grounds: Defending the Environment in an Unwelcome Judicial Climate, held on November 11, 2004, and co-sponsored by the University of Florida's Levin College of Law and the Environmental Law Institute. Topics ranged from U.S. Supreme Court trends in environmental law jurisprudence, to innovative federal and state constitutional and statutory arguments that defend environmental protections, to federal provisions most vulnerable to attack on federalism, takings, and separation-of-powers grounds. This thought-provoking and insightful collection of essays provides smart, realistic solutions to the profound and complex legal challenges facing defenders of our environmental protections. With contributions by: Richard J. Lazarus, Sean H. Donahue, Paul Boudreaux, William W. Buzbee, Robert L. Glicksman, Alyson C. Flournoy, Christopher H. Schroeder, Douglas T. Kendall, Susan George, J.B. Ruhl, Donald W. Stever, and Mary Jane Angelo.
Book Synopsis The Common Law and the Environment by : Roger E. Meiners
Download or read book The Common Law and the Environment written by Roger E. Meiners and published by Rowman & Littlefield. This book was released on 2000 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1970, when the Clean Air Act was passed and the Environmental Protection Agency was created, the primary means for addressing environmental problems in the U.S. has been through comprehensive federal statutes and detailed regulations. Evaluating almost three decades of experience with the Clean Air Act, Superfund, the Clean Water Act, the Endangered Species Act, and other major federal environmental statutes, the contributors to this volume question the effectiveness and impact of the legal regime that created these regulations. While most studies of environmental policy paint a picture of improvement through government initiatives, these essays argue the contrary. Pointing to Cleveland's burning river, the death of Lake Erie, smog in Los Angeles, and Love Canal, the contributors demonstrate that command-and-control regulation of the environment has not delivered the great improvements in environmental quality as promised. The Common Law and the Environment offers principles for a new approach to protecting the environment and looks to evidence of the successes of alternative legal systems to address significant problems.
Book Synopsis A Guide to U.S. Environmental Law by : Arden Rowell
Download or read book A Guide to U.S. Environmental Law written by Arden Rowell and published by University of California Press. This book was released on 2021-02-23 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters include summaries of key concepts, discussion questions, and a glossary of terms, as well as informative "spotlights"—brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Law is a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this book with its companion, A Guide to EU Environmental Law, allows for a comparative look at how two of the most important jurisdictions in the world deal with key environmental problems.
Download or read book Break Through written by Ted Nordhaus and published by Houghton Mifflin Harcourt. This book was released on 2007 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher description
Book Synopsis The Greening of America by : Charles A. Reich
Download or read book The Greening of America written by Charles A. Reich and published by Three Rivers Press. This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 25th Anniversary of the Groundbreaking Classic. "If there was any doubt about the need for social transformation in 1970, that need is clear and urgent today....I am now more convinced than ever that the conflict and suffering now threatening to engulf us are entirely unnecessary, and a tragic waste of our energy and resources. We can create an economic system that is not at war with human beings or nature, and we can get from here to there by democratic means."--from the new Preface by Charles A. Reich.
Book Synopsis Should Trees Have Standing? by : Christopher D. Stone
Download or read book Should Trees Have Standing? written by Christopher D. Stone and published by Oxford University Press. This book was released on 2010-04-07 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.
Download or read book After Nature written by Jedediah Purdy and published by Harvard University Press. This book was released on 2015-09 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nature no longer exists apart from humanity. The world we will inhabit is the one we have made. Geologists call this epoch the Anthropocene, Age of Humans. The facts of the Anthropocene are scientific—emissions, pollens, extinctions—but its shape and meaning are questions for politics. Jedediah Purdy develops a politics for this post-natural world.
Book Synopsis Geography, Environment, and American Law by : Gary L. Thompson
Download or read book Geography, Environment, and American Law written by Gary L. Thompson and published by . This book was released on 1997 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most thorough and riveting account ever written of Southwestern life in the early seventeenth century, A Harvest of Reluctant Souls is at once medieval and a tale of the Renaissance - a portrait of the Pueblos, the Apaches, and the Navajos at a time of fundamental change in their lives.
Book Synopsis The Environmental Rights Revolution by : David R. Boyd
Download or read book The Environmental Rights Revolution written by David R. Boyd and published by UBC Press. This book was released on 2011-11-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Book Synopsis Slow Violence and the Environmentalism of the Poor by : Rob Nixon
Download or read book Slow Violence and the Environmentalism of the Poor written by Rob Nixon and published by Harvard University Press. This book was released on 2011-06-01 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: The violence wrought by climate change, toxic drift, deforestation, oil spills, and the environmental aftermath of war takes place gradually and often invisibly. Using the innovative concept of "slow violence" to describe these threats, Rob Nixon focuses on the inattention we have paid to the attritional lethality of many environmental crises, in contrast with the sensational, spectacle-driven messaging that impels public activism today. Slow violence, because it is so readily ignored by a hard-charging capitalism, exacerbates the vulnerability of ecosystems and of people who are poor, disempowered, and often involuntarily displaced, while fueling social conflicts that arise from desperation as life-sustaining conditions erode. In a book of extraordinary scope, Nixon examines a cluster of writer-activists affiliated with the environmentalism of the poor in the global South. By approaching environmental justice literature from this transnational perspective, he exposes the limitations of the national and local frames that dominate environmental writing. And by skillfully illuminating the strategies these writer-activists deploy to give dramatic visibility to environmental emergencies, Nixon invites his readers to engage with some of the most pressing challenges of our time.
Book Synopsis The Environmental Decade in Court by : Lettie M. Wenner
Download or read book The Environmental Decade in Court written by Lettie M. Wenner and published by . This book was released on with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of the National Environmental Policy Act (NEPA) in 1969signaled a new era for American law, when both proponents and opponents of strictsafeguards on the environment looked more and more to the courts to settle theirdisputes. Lettie M. Wenner examines the role of the federal judiciary inimplementing environmental laws in the ten years after the passage of the NEPA. Hermajor focus is on the overall policy patterns that emerged from court decisions onenvironmental issues during this period, demonstrating the function of the courts asa public policy maker. The author concludes that, in general, the federal courtshave proven to be more environmentally oriented when they have faced specificenforcement demands in the context of pollution control laws than when they havebeen asked to make broad policy decisions based on discretionary laws.
Download or read book Silent Spring written by Rachel Carson and published by Houghton Mifflin Harcourt. This book was released on 2002 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essential, cornerstone book of modern environmentalism is now offered in a handsome 40th anniversary edition which features a new Introduction by activist Terry Tempest Williams and a new Afterword by Carson biographer Linda Lear.
Book Synopsis The Ecology of Law by : Fritjof Capra
Download or read book The Ecology of Law written by Fritjof Capra and published by Berrett-Koehler Publishers. This book was released on 2015-10-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly
