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Winner of the Julia Ward Howe Prize “The gripping story of the most important environmental law case ever decided by the Supreme Court.” —Scott Turow “In the tradition of A Civil Action, this book makes a compelling story of the court fight that paved the way for regulating the emissions now overheating the planet. It offers a poignant reminder of how far we’ve come—and how far we still must go.” —Bill McKibben, author of The End of Nature On an unseasonably warm October morning, an idealistic young lawyer working on a shoestring budget for an environmental organization no one had heard of hand-delivered a petition to the Environmental Protection Agency, asking it to restrict greenhouse gas emissions from new cars. The Clean Air Act authorized the EPA to regulate “any air pollutant” thought to endanger public health. But could carbon dioxide really be considered a harmful pollutant? And even if the EPA had the authority to regulate emissions, could it be forced to do so? The Rule of Five tells the dramatic story of how Joe Mendelson and the band of lawyers who joined him carried his case all the way to the Supreme Court. It reveals how accident, infighting, luck, superb lawyering, politics, and the arcane practices of the Supreme Court collided to produce a legal miracle. The final ruling in Massachusetts v. EPA, by a razor-thin 5–4 margin brilliantly crafted by Justice John Paul Stevens, paved the way to important environmental safeguards which the Trump administration fought hard to unravel and many now seek to expand. “There’s no better book if you want to understand the past, present, and future of environmental litigation.” —Elizabeth Kolbert, author of The Sixth Extinction “A riveting story, beautifully told.” —Foreign Affairs “Wonderful...A master class in how the Supreme Court works and, more broadly, how major cases navigate through the legal system.” —Science
Editor Michael Burger brings together a comprehensive assessment of how one statutory provision - Section 115 of the Clean Air Act, "International Air Pollution" - provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states and private sector to take national climate action. This collaborative effort reflects the most current thinking on Section 115 and how it relates to the Paris Agreement , the U.S. Supreme Court, and U.S. politics. The contributors dive deep into the key implementation issues EPA, the states and industry would need to address.Federal policymakers in a new presidential administration could use this book as a foundation for developing a national policy regulating greenhouse gas emissions. The book also provides detailed law and policy analyses for environmental lawyers and policy professionals, key to understanding the practice of climate law and policy in the U.S.
A 2022 Choice Reviews Outstanding Academic Title Through a green criminological perspective, Angus Nurse examines the contemporary reality of corporate environmental crime and illegal activities that have become normalized within many major corporations. Arguably this is an inevitable consequence of a corporate culture that prioritizes profits and the smooth operation of market activities over environmental concerns coupled with the increased political power of major corporations that can act almost with impunity and where problems do occur, can literally buy itself out of trouble. These same corporations are broadly perceived as being responsible actors. However, Nurse argues that corporate environmental offending is often deliberate and that corporations understand that they will often be allowed to continue with polluting and non-compliant behavior because the likely enforcement responses are fines and settlements rather than criminal prosecution. Using several case studies, Nurse explores biopiracy and the rights of indigenous peoples, the behavior of oil companies in African states, the regulation of corporate social responsibility and corporate environmental responsibility, an analysis of contemporary environmental legislation and the prosecution of environmental harm, and state-corporate crime and air pollution. Dealing with these problems requires a wider notion of crime and wrongdoing that directly engages with the types of environmental offending that represent a threat to human populations and non-human nature irrespective of whether these are defined as crime by justice systems.
This book examines lawsuits over climate change that have been brought around the world. It can serve as a resource for those interested in the problem of climate change and in the role that courts are playing in climate regulation. The chapters analyze examples of cases in state, national, and international tribunals, as well as this litigation's broader significance.
This 2008 Supplement updates the main text with recent developments. Topics discussed include the development and structure of the federal judicial system; cases and controversies; the original jurisdiction of the Supreme Court; the distribution of judicial power among federal and state courts; review of state court decisions by the Supreme Court; civil actions in the district courts; federal common law; jurisdiction of the district courts; suits challenging official action; limitations on district court jurisdiction; federal habeas corpus; problems of district court jurisdiction; and appellate review of federal decisions.
A comprehensive introduction to green criminology, this book is a discussion of the relationship between mainstream criminal justice and green crimes. Focused on environmental harm within the context of criminal justice this book takes a global perspective and Introduces students to different theoretical perspectives in green criminology Looks at the victims of environmental crime throughout Covers topics such as; wildlife crimes, animal abuse, the causes of environmental crime, regulation, exploitation, environmental activism, policing, prosecution and monitoring. Designed to help readers develop a thorough understanding of the principles of environmental justice and green criminology, as well as contemporary developments, this book will be excellent support to students of green criminology and environmental crime.
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.