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Written by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters include summaries of key concepts, discussion questions, and a glossary of terms, as well as informative "spotlights"—brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Law is a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this book with its companion, A Guide to EU Environmental Law, allows for a comparative look at how two of the most important jurisdictions in the world deal with key environmental problems.
This Understanding treatise provides a comprehensive overview of environmental and land use law in the United States. While a major focus of Understanding Environmental Law, Third Edition (2013) is the federal framework of U.S. environmental law, many chapters include coverage of state-specific laws as well. Topics addressed include: The role the United States Constitution plays in protecting the environment; Policy issues affecting environmental law, such as the need to balance economic factors against specific environmental costs; Common law causes of action in the environmental arena; Environmental quality review issues that arise under the National Environmental Policy Act (NEPA) and state equivalents to NEPA; Air and water pollution laws; Hazardous waste laws and regulations; Endangered species laws including international controls applicable to endangered species; and International laws applicable to environmental issues, including international treaties, global climate changes, and ozone layer protection. Understanding Environmental Law, Third Edition (2013) contains excerpts from the EPA Terms of Environment. This treatise provides both students and professionals with a thorough grasp of this complex and rapidly-expanding area of law.
The unprecedented expansion in environmental regulation over the past thirty years—at all levels of government—signifies a transformation of our nation's laws that is both palpable and encouraging. Environmental laws now affect almost everything we do, from the cars we drive and the places we live to the air we breathe and the water we drink. But while enormous strides have been made since the 1970s, gaps in the coverage, implementation, and enforcement of the existing laws still leave much work to be done. In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund. Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.
The study of water pollution control regulation is a study of statutes and their administration. This casebook explores water pollution and the federal statute chiefly designed to control it, the Clean Water Act, and examines how water pollution is addressed, first by the common law and then by statute. An introduction provides the student with an understanding of what constitutes water pollution, where it originates, and how it can be controlled. These materials were originally designed for the introductory course in environmental regulation/environmental law at Pace Law School. A Teachers Manual includes exercises that teach students advanced legal research, familiarity with administrative law mechanisms, and the ability to integrate what they have learned about the Clean Water Act.
This textbook provides a concise introduction for students with little or no legal background, to the role of law in environmental protection. It describes and explains law and legal systems, the concept of the environment, sources of environmental law and some of the techniques used in environmental law. Interdisciplinary in approach, the book explores some of the major connections between law and the disciplines of ethics, science, economics and politics. Environment and Law offers a greater understanding of international and national environmental law and has case-studies from all over the world, including examples from UK, US and Australian law.
Drawing insight from a diverse array of sources -- including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies -- Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, "regulate from nowhere." As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we "can" afford.
Practical Environmental Law is a comprehensive, practical introduction to environmental law written exclusively for paralegal students. The concise, well-written text focuses on a broad understanding of the sources of environmental law and offers students numerous practical exercises as well as concrete methods for researching the law. It also includes methods for conducting due diligence in real estate transactions, a real-world concern of paralegals and a topic ignored by other textbooks. The Second Edition offers thoroughly updated exercises, websites, government forms and laws, and includes a new chapter on mining law. Features: Accessible, practical approach to environmental law, specifically designed for the paralegal student. Comprehensive coverage includes the basics of the judicial concepts, policies, agencies and institutions that shape environmental law. A brief overview of legal research and how it applies to environmental law. Intuitive organization starts with the implementation and sources of Environmental Law and moves on to specific statutes. Emphasis on conducting due diligence in real estate transactions, a real-world concern of paralegals and a topic no other book addresses. Engaging hands-on assignments, exercises and website resources teach students how to research local laws and access vital information. Strong pedagogical features reinforce the material, including crossword puzzles, key terms, review questions, and practice exercises. Features employment opportunities and ethical issues. Thoroughly updated, the revised Second Edition includes: New chapter on mining law
A critical and contextual overview of European environmental law examining today's key environmental challenges alongside traditional topics.
Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law. Written to be read rather than used as a reference source, the authors provide a broad conceptual overview of environmental law while also explaining the major statutes and cases. The book is intended for four audiences ? students (both graduate and undergraduate) seeking a readable study guide for their environmental law and policy courses; professors who do not use casebooks (relying on their own materials or case studies) but want an integrating text for their courses or want to include conceptual materials on the major legal issues; and practicing lawyers and environmental professionals who want a concise, readable overview of the field. The first part of the book provides an engaging discussion of the major themes and issues that cross-cut environmental law. Starting with the first chapter's brief history of environmentalism in America, the second chapter goes on to explore the importance and implications of basic themes that occur in virtually all environmental conflicts, including scientific uncertainty, market failures, problems of scale, public choice theory, etc. It then presents three dominant perspectives in the field that drive policy development ? environmental rights, utilitarianism, and environmental justice. Chapter Three fills in the remaining legal background for understanding environmental protection, reviewing the theory of instrument choice, the basics of administrative law, core concepts in constitutional law (e.g., takings, the commerce clause), and the doctrines associated with how citizen groups shape environmental law (such as standing). The second part of the book examines the substance of environmental law, with separate sections on each of the major statutes. International issues such as ozone depletion, climate change, and transboundary waste disposal are also addressed. These chapters build on the themes and conceptual framework laid down in the first part of the text in order to integrate the discussion of individual statutes into a broad portrait of the law.