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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.
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. The NEPA Litigation Guide 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. Written by experienced practitioners and scholars, this comprehensive guide identifies key NEPA issues and offers solutions to the challenges faced in practice. This revised second edition includes a new chapter on climate change and its relationship to the NEPA process; the updated chapters highlight recent cases and provide information on new policies, such as monitoring and mitigation, from the Council on Environmental Quality (CEQ), the body created by the statute to provide guidance and oversight to other federal agencies on NEPA compliance. Throughout the book, experts summarize hundreds of key cases involving: Procedural or timing questions ; The public participation process ; Alternatives analysis ; Limits of knowledge ; And many more challenging issues Also included are appendices which include the act itself, CEQ regulations, and the Forty Most Asked Questions plus a table of cases and detailed index to assist in further research.
"The NEPA Reference Guide conveniently organizes and indexes the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) regulations and guidance, along with relevant federal case law, all in one place. Practitioners will use this as a reference tool to quickly learn the statutory, regulatory, and case law authority for a large number of NEPA subjects."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
The only book that covers the entire field of California environmental, land use, and natural resources law in a concise, user-friendly format. Authors Herson and Lucks have now thoroughly updated and expanded the first edition, includingSignificant updates to federal and state environmental law that occurred between 2008 and late 2016.An additional major chapter on international, national and state climate change law and policy.This book was written to serve the needs of planners, project applicants, developers, landowners, regulatory agency staff, consultants, attorneys, environmental managers, interested citizens, and students with a survey of California environmental law written for a general, non-technical audience.Written in non-technical language, the book comprehensively surveys the most important California environmental statutes and regulatory programs, as well as relevant federal environmental statutes and regulatory programs. It highlights landmark court cases and current policy issues, and provides practical tips on getting through the regulatory process successfully. To assist in more in-depth research, the book identifies sources of further information for each major program.
Under the best of circumstances, preparing an environmental impact assessment (EIA) can be a complex and challenging task. Experience indicates that the scope and quality of such analyses varies widely throughout the U.S. as well as internationally. Written to help practitioners and decision-makers apply best professional practices in the developme
This comprehensive, current examination of U.S. law as it relates to global climate change begins with a summary of the factual and scientific background of climate change based on governmental statistics and other official sources. Subsequent chapters address the international and national frameworks of climate change law, including the Kyoto Protocol, state programs affected in the absence of a mandatory federal program, issues of disclosure and corporate governance, and the insurance industry. Also covered are the legal aspects of other efforts, including voluntary programs, emissions trading programs, and carbon sequestration.
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.