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The National Environmental Policy Act (NEPA) introduced the environmental impact statement, transformed decision making by federal agencies, and spurred the growth of an extensive body of environmental law. This book takes a close look at the litigation of NEPA cases, including jurisdiction and related issues, standard and scope of judicial review, and the specific concerns of litigators. It identifies key NEPA issues and offers solutions to the challenges faced in practice, including climate change and its relationship to the NEPA process.
"This publication is a guide to understanding the National Environmental Policy Act (NEPA). This publication covers NEPA, the Endangered Species Act, and the Wilderness Act. It focuses on the environmental work of the 562 Indian tribes that play an important role in the environmental arena. The book uses chiefly Indian and tribal cases (162 case studies in all) to illustrate the finer points of NEPA doctrine as it exists in the broader field of Indian law."--The publisher's website.
"The National Environmental Policy Act has grown more, not less, important in the decades since its enactment. No one knows more about NEPA than Lynton Caldwell. And no one has a clearer vision of its relevance to our future. Highly recommended." —David W. Orr, Oberlin College What has been achieved since the National Environmental Policy Act was passed in 1969? This book points out where and how NEPA has affected national environmental policy and where and why its intent has been frustrated. The roles of Congress, the President, and the courts in the implementation of NEPA are analyzed. Professor Caldwell also looks at the conflicted state of public opinion regarding the environment and conjectures as to what must be done in order to develop a coherent and sustained policy.
Adopted at dozens of law schools, this book is a valuable resource for imparting practical skills. Authors Anderson, Hirsch, Sachs, and Tormey have drawn on their wide experience as environmental law professors and practitioners to develop realistic exercises that teach the craft of environmental lawyering. Readers will learn how to bring a federal enforcement action against a polluter; negotiate a Superfund settlement; prepare documents and strategy for a citizen's suit; counsel a corporation on environmental compliance; navigate the issues that arise in government agency litigation (e.g., limits on discovery, standards of review); comment on EPA rule making; and handle environmental issues that arise in permitting a complex real estate development, as well as many other relevant skills. Updated and expanded, the fourth edition of Environmental Law Practice is comprehensive in scope. It contains problems and exercises under each of the major environmental statutes. In addition, it places readers in the three key roles played by environmental lawyers--government attorney, corporate counsel, and public interest advocate--and provides practice pointers for each of these types of work. The book makes extensive use of original documents such as statutes, the Code of Federal Regulations (CFR), regulatory preambles, and agency guidance, exposing students to the materials that environmental lawyers use most. This book covers the most significant areas of environmental practice: compliance, enforcement, litigation, permitting, and policy. It gives in-depth treatment of substantive environmental law areas such as the Clean Air Act, Clean Water Act, CERCLA, RCRA, EPCRA, NEPA, and citizen suits. It incorporates current developments in environmental law, such as recent Supreme Court and circuit court cases. Of the many books on environmental law, Environmental Law Practice is the one to use to develop the skills to become a practice-ready environmental attorney.
The central concern of this book is the social intelligence that goes into environmental decisions. Not, what is the 'correct' balance when trade-offs must be made between environmental and economic values? But rather, how can the social thinking necessary for intelligent trade-offs be institutionalized? How, that is, can environmental impacts be recognized beforehand so that less costly trade-offs can be explored, relative risks assessed, and choices made in a manner acceptable to both the public and the government? This book evaluates the first ten years of the Environmental Impact Statement (EIS) process of the 1969 National Environmental Policy Act - in particular, how it has worked inside two federal agencies with important impacts on the environment, the Forest Service and the Army Corps of Engineers. It assesses how successful the EIS process has been in establishing a concern for environmental values in the federal bureaucracy, and how widely applicable the general impact statement approach is in other policy areas.
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
All phases of road developmentâ€"from construction and use by vehicles to maintenanceâ€"affect physical and chemical soil conditions, water flow, and air and water quality, as well as plants and animals. Roads and traffic can alter wildlife habitat, cause vehicle-related mortality, impede animal migration, and disperse nonnative pest species of plants and animals. Integrating environmental considerations into all phases of transportation is an important, evolving process. The increasing awareness of environmental issues has made road development more complex and controversial. Over the past two decades, the Federal Highway Administration and state transportation agencies have increasingly recognized the importance of the effects of transportation on the natural environment. This report provides guidance on ways to reconcile the different goals of road development and environmental conservation. It identifies the ecological effects of roads that can be evaluated in the planning, design, construction, and maintenance of roads and offers several recommendations to help better understand and manage ecological impacts of paved roads.