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The Second Edition of this casebook provides an integrated approach to private and public law responses to toxic insults to individuals and to the environment. The book explores: the ability of various legal theories to resolve toxic tort cases, the use of various branches of science to address the question of causation, the unique features of toxic tort remedies in the workplace, the role of public law, both in controlling risk and its interaction with private law, special damage issues that arise in toxic cases such as the right to medical monitoring, the insurance issues that arise in toxic tort cases, and the complex legal environment (bankruptcy, multidistrict litigation, class actions) in which toxic tort cases are often litigated. The casebook stands alone as an upper-level introduction to the ever-expanding role of toxic tort and environmental law regulation and litigation.
The EPA was established to enforce the environmental laws Congress enacted during the 1970s. Yet today lethal toxins still permeate our environment, causing widespread illness and even death. Toxic Loopholes investigates these laws, and the agency charged with their enforcement, to explain why they have failed to arrest the nation's rising environmental crime wave and clean up the country's land, air, and water. This book illustrates how weak laws, legal loopholes, and regulatory negligence harm everyday people struggling to clean up their communities. It demonstrates that our current system of environmental protection pacifies the public with a false sense of security, dampens environmental activism, and erects legal barricades and bureaucratic barriers to shield powerful polluters from the wrath of their victims. After examining the corrosive economic and political forces undermining environmental law making and enforcement, the final chapters assess the potential for real improvement and the possibility of building cooperative international agreements to confront the rising tide of ecological perils threatening the entire planet.
Environmental justice is a significant and dynamic contemporary development in environmental law. Rechtschaffen, Gauna and new coauthor O'Neill provide an accessible compilation of interdisciplinary materials for studying environmental justice, interspersed with extensive notes, questions, and a teacher's manual with practice exercises designed to facilitate classroom discussion. It integrates excerpts from empirical studies, cases, agency decisions, informal agency guidance, law reviews, and other academic literature, as well as community-generated documents. This second edition includes new chapters addressing climate change, international environmental justice, and a capstone case study. It also adds expanded coverage of risk and the public health, empirical environmental justice research, and environmental justice for American Indian peoples.
In Whose Backyard, Whose Risk, environmental lawyer, professor, and commentator Michael B. Gerrard tackles the thorny issue of how and where to dispose of hazardous and radioactive waste. In Whose Backyard, Whose Risk, environmental lawyer, professor, and commentator Michael B. Gerrard tackles the thorny issue of how and where to dispose of hazardous and radioactive waste. Gerrard, who has represented dozens of municipalities and community groups that have fought landfills and incinerators, as well as companies seeking permits, clearly and succinctly analyzes a problem that has generated a tremendous amount of political conflict, emotional anguish, and transaction costs. He proposes a new system of waste disposal that involves local control, state responsibility, and national allocation to deal comprehensively with multiple waste streams. Gerrard draws on the literature of law, economics, political science, and other disciplines to analyze the domestic and international origins of wastes and their disposal patterns. Based on a study of the many failures and few successes of past siting efforts, he identifies the mistaken assumptions and policy blunders that have helped doom siting efforts. Gerrard first describes the different kinds of nonradioactive and radioactive wastes and how each is generated and disposed of. He explains historical and current siting decisions and considers the effects of the current mechanisms for making those decisions (including the hidden economics and psychology of the siting process). A typology of permit rules reveals the divergence between what underlies most siting disputes and what environmental laws actually protect. Gerrard then looks at proposals for dealing with the siting dilemma and examines the successes and failures of each. He outlines a new alternative for facility siting that combines a political solution and a legal framework for implementation. A hypothetical example of how a siting decision might be made in a particular case is presented in an epilogue.
This casebook is designed to be used in upper level courses by law students with little or no prior familiarity with Environmental Law. It includes chapters on permitting, the philosophical underpinnings of the field, climate change, and the recently amended Toxic Substances Control Act, as well as traditional core topics in Environmental Law such as controlling air and water pollution. The book also contains numerous practice problems that introduce students to the everyday realities of environmental lawyering. A substantial Teacher's Manual provides model syllabi, detailed pedagogical suggestions, ready-to-use exams and quizzes, answers to all practice problems, and other useful materials.