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This book investigates the consequences of redundant state and federal environmental regulations in the United States. Drawing on the most exhaustive statistical analysis of US federal wetland permits ever constructed, the book uncovers the disjointed world of wetland regulation. The author starts by examining the socioeconomic and environmental factors driving individuals to apply for environmental regulatory permits and the regional inconsistencies encountered in federal environmental regulatory program performance. The book goes on to demonstrate that states have more power in federal relationships than scholars often believe and that individual state policies are important even in a time of strong federal governance. Evidence shows that such intergovernmental redundancy serves to increase overall regulatory program effectiveness. This book breaks new ground in the subjects of federalism and environmental regulation by rejecting the traditional approach of picking winners and losers in favour of a nuanced demonstration of how redundancy and collaboration between different levels of governance can make for more effective governmental programs. The book is also innovative in its use of the perspectives of regulated citizens not as a point of judgment, but as a means of introducing a constructive new way of thinking about political and administrative boundaries within a federalist system of governance. The book provides relevant context to wider political debates about excessive and duplicative regulatory oversight and will be of interest to Environmental Policy students and administrators.
Wetlands are a valuable natural resource, yet over 200,000 acres are destroyed in the United States per year. This book examines whether states should assume the role of protecting wetlands rather than the federal government.
Environmental Regulation: Law, Science, and Policy demystifies the complexity of environmental law. It provides up-to-date, comprehensive and accessible coverage of this rapidly changing field. After exploring the causes of environmental problems and the moral values they implicate, the casebook provides a structural overview of the regulatory system. It considers how environmental law seeks to protect public health and the environment from climate change, toxic chemicals, hazardous wastes, and air and water pollution. This casebook covers land use regulation, protection of biodiversity, environmental impact assessment, environmental enforcement, and international environmental law. Written in a style accessible to the non-specialist, this casebook affords instructors flexibility in organizing courses. Effective teaching and study aids include outlines of the structure of each environmental statute, real-world-based problems and questions, “pathfinders” explaining where to find crucial source materials for every major topic, an extensive glossary, and a list of acronyms. The accompanying Website is kept current with annual statutory and case supplements. New to the 9th Edition: The most comprehensive updating and editing of this classic casebook since the first edition helped define the field nearly thirty years ago, including: Biden administration reversals of Trump changes to federal environmental policy How efforts to combat the climate crisis are affecting all areas of environmental law New material on environmental justice throughout the casebook The impact of the global pandemic on environmental law and policy New material on the social cost of carbon, PFAS and chemical testing, the Navigable Waters Protection Rule, the Migratory Bird Treaty Act, environmental enforcement, and private environmental governance Excerpts from important new court decisions including: County of Mauiv. Hawaii Wildlife Fund (groundwater and the Clean Water Act) ARCO v. Christian (the impact of CERCLA on state remedies for environmental contamination) Weyerhaeuser v. US Fish & Wildlife Service (critical habitat for endangered species) American Lung Ass’n v. EPA (DC Circuit’s 2021 decision invalidating the Trump administration’s Affordable Clean Energy regulations for greenhouse gas emissions under the Clean Air Act) Juliana v. US (9th Circuit decision dismissing claims that the federal government violated constitutional environmental rights by promoting fossil fuels) McKiverv. Murphy-Brown (4th Circuit decision on private nuisance, CAFOS and environmental justice) Jam v. International Finance Corporation (immunity of international development bank for financing coal-fired power plant in India) New and improved problem exercises Streamlined and more tightly edited and featuring a new Teacher’s Manual Professors and students will benefit from: Comprehensive and up-to-date coverage in a style accessible to the non-specialist Self-contained chapters for flexibility in organizing courses A detailed examination of policy Focus on environmental statutes How statutes translate into regulations Factors that affect real-world behavior Effective teaching and study aids Outlines of the structure of each environmental statute Real-world-based problems and questions “pathfinders” explaining where to find crucial source materials for every major subject area Extensive glossary List of acronyms
If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.
Aims to bring together the work of leading scholars of Constitutionalism, Constitutional law, and politics in the United States to take stock of the field to chart its progress, and point the way for its future development.
Wetlands law operates at the junction of private property rights and natural resource protection. While wetlands provide rich and diverse species habitat, protecting and promoting water quality, the vast majority of U.S. wetlands are on private property. Federal law addresses wetlands protection and development in a complex manner. Those interested in protecting wetlands or developing wetland property must navigate challenging legal waters. The Wetlands Deskbook organizes wetlands law for the novice and points out pitfalls to the experts. This must-have reference book combines insights from one of the nation's premier wetlands experts and provides all the background materials needed. This Third Edition includes updates on the most recent court decisions, agency policies and regulations.
This edited volume provides a variety of insights into the context in which ocean and wetlands policy is placed at the sub-continental level. The governments of Mexico, Canada, and United States of America have recognized the importance of conserving, protecting, and enhancing the environment in their territories. As a result, they have developed an institutional structure aimed at furthering environmental cooperation. However, marine environment has played a secondary role, characterized by scientific cooperation that does not develop into regional policies. This project analyzes how ocean and wetlands preservation is omitted from the North American Agreement on Environmental Cooperation, meaning that collaborative efforts under-perform or remain largely sidelined from mainstream issues. As contributors come from a mix of the social and natural sciences (politics, international relations, law studies, sociology, oceanology, and oceanography), this book presents diverse viewpoints on how to address wetlands protection, deep ocean research collaboration, and the marine context of the Sustainable Development Goals.