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This important resource offers a comprehensive overview of the major U.S. environmental laws and approaches, strategies, standards, and enforcement techniques by which American law protects our environment and our health. Written for the non-lawyer, the book puts the spotlight on general concepts that go a long way to demystify the American legal system (what law consists of, who makes it, how it is made, and how it is enforced). The authors also introduce the major environmental laws and evaluate issues, controversies and developments in environmental policy.
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.
Presents comprehensively the currently un-mapped constellation of issues related to climate change, public health, and the law.
Is there potential for a U.S. regulatory system that is more efficient and effective? Or is the future likely to involve 'paralysis by analysis'? Improving Regulation considers the challenges faced by the regulatory system as society and technology change, and our knowledge about the effects of our activities on human and planetary health becomes more sophisticated. While considering the difficulty in linking regulatory design and performance, Improving Regulation makes the case for empowering regulatory analysis. Studying applications as diverse as fire protection, air and water pollution, and genetics, its contributors examine the strategies of different stakeholders in today's complex policymaking environment. With a focus on the behavior of institutions and people, they consider the impact that organizational politics, science, technology, and performance have on regulation. They explore the role of technology in creating and reducing uncertainty, the costs of control, the potential involvement of previously unregulated sectors, and the contentious public debates about fairness and participation in regulatory policy. Arguing that the success of many regulations depends upon their acceptance by the public, Fischbeck, Farrow, and their contributors offer extensive, inductive evidence on the art of regulatory analysis. The resulting book provides 'real world' examples of regulation, and a demonstration of how to synthesize analytical skills with a knowledge of physical and social processes.
Advances in environmental protection and public health result from democratic processes that debate environmental health concerns and propose legislative and other policy solutions. Delineating the delicate relationship between environmental policy and public health, Environmental Policy and Public Health explores the development of environmental health policies, the statutes that address public health concerns about specific environmental hazards, and policy issues that impact environmental health programs. Covering the fundamentals of environmental policy, this concise guide identifies the steps in environmental policy making, the federal government's environmental health structure, and the general environmental status. It focuses on environmental hazards, including air contamination, water pollution, unsafe food, pesticides and toxic substances, and hazardous waste that have been associated with degraded human health. The book provides a unique description of international environmental health organizations and programs and describes how risk assessment has become an integral policy in environmental health legislation. Presenting a historical perspective of how environmental health has evolved, Environmental Policy and Public Health is the first book to bridge human health concerns and environmental protection. The book relates the relationship between controlling environmental hazards and the impact on human health and public health practice. It outlines how environmental justice has evolved and has been integrated into government environmental policies.