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The Environmental Decade In Court
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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 1982-06-22 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of the National Environmental Policy Act (NEPA) in 1969 signaled a new era for American law, when both proponents and opponents of strict safeguards on the environment looked more and more to the courts to settle their disputes. Lettie M. Wenner examines the role of the federal judiciary in implementing environmental laws in the ten years after the passage of the NEPA. Her major focus is on the overall policy patterns that emerged from court decisions on environmental issues during this period, demonstrating the function of the courts as a public policy maker. The author concludes that, in general, the federal courts have proven to be more environmentally oriented when they have faced specific enforcement demands in the context of pollution control laws than when they have been asked to make broad policy decisions based on discretionary laws.
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.
Book Synopsis The Rule of Five by : Richard J. Lazarus
Download or read book The Rule of Five written by Richard J. Lazarus and published by Belknap Press. This book was released on 2020 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned Supreme Court advocate tells the inside story of Massachusetts v. EPA, the landmark case that made it possible for the EPA to regulate greenhouse gasses--from the Bush administration's fierce opposition, to the internecine conflicts among the petitioners, to the razor-thin 5-4 victory.
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 Environmental Regulation by : Robert V. Percival
Download or read book Environmental Regulation written by Robert V. Percival and published by Aspen Publishers. This book was released on 2000 with total page 1302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its refined Third Edition, this popular casebook responds to both changes in the field and user feedback. ENVIRONMENTAL REGULATION: Law, Science, and Policy, Third Edition, Is skillfully designed to help students and professors navigate this complex area of law. The authors bring clarity and coherence To The study of environmental regulations And The policy considerations that shape them, with: comprehensive coverage that supplies a complete introduction to environmental law while it allows professors flexibility to choose which topics to emphasize a detailed examination of policy that goes beyond an explanation of the regulatory structure to explore the political, economic, and ethical concerns that influence policy and enforcement effective teaching and study aids including charts and diagrams that map the structure of each major environmental statute, problems and questions based on real-life situations, and 'pathfinders' to explain where to locate crucial source materials a website (http://www.law.umaryland.edu/courses/environment) that continually updates subjects covered in the book with links that enable students to learn more about topics of interest detailed suggestions for teaching from the book provided in an extensive Teacher's Manual engaging and student-friendly text that demystifies the field Updated features of ENVIRONMENTAL REGULATION: Law, Science, and Policy, Third Edition, include: Updated coverage of the Clean Air Act New chapter on Land Use Regulation and Regulatory Policy Broader coverage of issues of federalism and congressional authority New problem exercises, and cases, including the Supreme Court's year 2000 Laidlaw decision on standing in citizen enforcement actions When you select materials for your next course, consider the book that provides you with the most recent information and lets you organize it to suit your individual teaching preferences - ENVIRONMENTAL REGULATION: Law, Science, and Policy, Third Edition. Authors' website: http://www.law.umaryland.edu/courses/environment
Book Synopsis Prosecuting Environmental Harm before the International Criminal Court by : Matthew Gillett
Download or read book Prosecuting Environmental Harm before the International Criminal Court written by Matthew Gillett and published by Cambridge University Press. This book was released on 2022-05-19 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel and ground-breaking analysis of the prosecution of environmental harm before the International Criminal Court, addressing both the substance and procedure.
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 Dumping In Dixie by : Robert D. Bullard
Download or read book Dumping In Dixie written by Robert D. Bullard and published by Avalon Publishing - (Westview Press). This book was released on 2008-03-31 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: To be poor, working-class, or a person of color in the United States often means bearing a disproportionate share of the country’s environmental problems. Starting with the premise that all Americans have a basic right to live in a healthy environment, Dumping in Dixie chronicles the efforts of five African American communities, empowered by the civil rights movement, to link environmentalism with issues of social justice. In the third edition, Bullard speaks to us from the front lines of the environmental justice movement about new developments in environmental racism, different organizing strategies, and success stories in the struggle for environmental equity.
Book Synopsis Environmental Law, Policy, and Economics by : Nicholas Askounes Ashford
Download or read book Environmental Law, Policy, and Economics written by Nicholas Askounes Ashford and published by MIT Press. This book was released on 2008 with total page 1125 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.
Book Synopsis Environmental Law and Policy by : James Salzman
Download or read book Environmental Law and Policy written by James Salzman and published by . This book was released on 2007 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law. Written to be read rather than used as a reference source, the authors provide a broad conceptual overview of environmental law while also explaining the major statutes and cases. The book is intended for four audiences ? students (both graduate and undergraduate) seeking a readable study guide for their environmental law and policy courses; professors who do not use casebooks (relying on their own materials or case studies) but want an integrating text for their courses or want to include conceptual materials on the major legal issues; and practicing lawyers and environmental professionals who want a concise, readable overview of the field. The first part of the book provides an engaging discussion of the major themes and issues that cross-cut environmental law. Starting with the first chapter's brief history of environmentalism in America, the second chapter goes on to explore the importance and implications of basic themes that occur in virtually all environmental conflicts, including scientific uncertainty, market failures, problems of scale, public choice theory, etc. It then presents three dominant perspectives in the field that drive policy development ? environmental rights, utilitarianism, and environmental justice. Chapter Three fills in the remaining legal background for understanding environmental protection, reviewing the theory of instrument choice, the basics of administrative law, core concepts in constitutional law (e.g., takings, the commerce clause), and the doctrines associated with how citizen groups shape environmental law (such as standing). The second part of the book examines the substance of environmental law, with separate sections on each of the major statutes. International issues such as ozone depletion, climate change, and transboundary waste disposal are also addressed. These chapters build on the themes and conceptual framework laid down in the first part of the text in order to integrate the discussion of individual statutes into a broad portrait of the law.
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 Environmental Protection by : Robert L. Glicksman
Download or read book Environmental Protection written by Robert L. Glicksman and published by Aspen Publishers. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class. Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook. Environmental Protection: Law and Policy welcomes Daniel Bodansky, a leading expert on global climate change and international law, as its distinguished new co-author. Completely updated and revised, the Sixth Edition offers a new chapter covering climate change and a substantially revised chapter on international environmental law. Environmental Protection: Law and Policy, now in its Sixth Edition, features a complete introduction to the history of environmental protection, laws and regulations, regulatory design strategies, and policy objectives analysis of constitutional federalism and related policy questions concerning the design and implementation of environmental protection programs an international and interdisciplinary approach that incorporates science, economics, and ethics coverage of the major federal pollution control laws--the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA, and more two chapters on natural resource management issues, focusing on the National Environmental Policy Act and the Endangered Species Act, but also including national forest management landmark and cutting-edge cases with explanatory text, notes and questions charts and graphics, plus numerous exercises and problems. Author website, Teacher's Manual, and annual summer Professor's Updates Completely updated, the Sixth Edition includes a new chapter on climate change that covers important scientific, policy, and program design questions coverage of the 2010 Deepwater Horizon oil spill and its implications for environmental assessment, common law liability, remediation of oil spills, and imposition of liability under the Oil Pollution Act a new section providing comparative analysis of remediation of chemical and oil spills under CERCLA, RCRA, and the Oil Pollution Act substantial revision of the chapter on international environmental law recent developments in preemption law important cases decided by the Supreme Court and the federal Courts of Appeals since the publication of the last edition new problems and streamlined text and note materials
Book Synopsis International Courts and Environmental Protection by : Tim Stephens
Download or read book International Courts and Environmental Protection written by Tim Stephens and published by Cambridge University Press. This book was released on 2009-02-12 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
Book Synopsis Environmental Law and American Business by : Joseph F. DiMento
Download or read book Environmental Law and American Business written by Joseph F. DiMento and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are in the second decade of modem environmental law. By some indicators this body of regulation has matured greatly. We can point to statutes and codes at the federal, state, and local levels which address almost every conceivable form of pollution and environmental insult. Yet, despite the existence of this large body of law, despite considerable expenditures on enforcement, and despite the energetic efforts of people sympathetic to environmental objectives, violations are numerous. Serious pollution problems are commonplace. Love Canal, the Valley of the Drums, Times Beach, and Stringfellow Acid Pits epitomize the national environmental quality challenge. Daily, a major illegal disposal of haz ardous waste is recorded; a new mismanaged dump site is discovered; a toxic substance is found in our drinking water; or a failure to meet a water or air quality standard is identified. Many of these violations involve American business. Failures to comply are of several types. A small businessman in Pennsylvania mistakenly allows a spillover of a pollutant into a protected stream. An industrialist in the Midwest adds to his fortune by illegally dumping dangerous chemicals. A series of errors by several firms, some of which no longer exist, combine to create a health threatening conflagration on the West Coast. An automobile company interprets one of the almost innumerable air pollution rules differently from government: It produces a car which the government says fails to comply with the Clean Air Act.
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 Contract with America by : Newt Gingrich
Download or read book Contract with America written by Newt Gingrich and published by Three Rivers Press. This book was released on 1994 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The November 1994 midterm elections were a watershed event, making possible a Repbulican majority in Congress for the first time in forty years. Contract with America, by Newt Gingrich, the new Speaker of the House, Dick Armey, the new Majority Leader, and the House Republicans, charts a bold new political strategy for the entire country. The ten-point program, which forms the basis of this book, was announced in late September. It received the signed support of more than 300 GOP canditates. Their pledge: "If we break this contract, throw us out". Contract with America fleshes out the vision and provides the details of the program that swept the GOP to victory. Among the pressing issues addressed in this important book are: balancing the budget, stopping crime, reforming welfare, reinforcing families, enhancing fairness for seniors, strengthening national defense, cutting government regulations, promoting legal reform, considering term limits, and reducing taxes.
