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In its refined Third Edition, this popular casebook responds to both changes in the field and user feedback. ENVIRONMENTAL REGULATION: Law, Science, and Policy, Third Edition, Is skillfully designed to help students and professors navigate this complex area of law. The authors bring clarity and coherence To The study of environmental regulations And The policy considerations that shape them, with: comprehensive coverage that supplies a complete introduction to environmental law while it allows professors flexibility to choose which topics to emphasize a detailed examination of policy that goes beyond an explanation of the regulatory structure to explore the political, economic, and ethical concerns that influence policy and enforcement effective teaching and study aids including charts and diagrams that map the structure of each major environmental statute, problems and questions based on real-life situations, and 'pathfinders' to explain where to locate crucial source materials a website (http://www.law.umaryland.edu/courses/environment) that continually updates subjects covered in the book with links that enable students to learn more about topics of interest detailed suggestions for teaching from the book provided in an extensive Teacher's Manual engaging and student-friendly text that demystifies the field Updated features of ENVIRONMENTAL REGULATION: Law, Science, and Policy, Third Edition, include: Updated coverage of the Clean Air Act New chapter on Land Use Regulation and Regulatory Policy Broader coverage of issues of federalism and congressional authority New problem exercises, and cases, including the Supreme Court's year 2000 Laidlaw decision on standing in citizen enforcement actions When you select materials for your next course, consider the book that provides you with the most recent information and lets you organize it to suit your individual teaching preferences - ENVIRONMENTAL REGULATION: Law, Science, and Policy, Third Edition. Authors' website: http://www.law.umaryland.edu/courses/environment
This book is a remarkable case study of an environmental policy initiative for a national environmental regulatory system in the information age. In 1995 the Indonesian Ministry of Environment took the bold step to launch an environmental disclosure initiative called the Program for Pollution Control, Evaluation and Rating (PROPER). Under PROPER, environmental performance of companies is mapped into a five-color grading scale - Gold for excellent, Green for very good, Blue for good, Red for non-compliance, and Black for causing environmental damage. These ratings are then publicly disclosed through a formal press conference and posted on the internet. Not only did this simple rating scheme create a major media buzz and enhanced environmental awareness of the general public, but it also unleashed a wide range of performance incentives that showed how markets with environmental information could function in a developing country setting. The authors provide a multidisciplinary analysis of how the PROPER program harnessed the power of public disclosure to abate the problem of industrial pollution. They describe how the program has successfully improved the average environmental compliance rate from close to thrity per cent in 1995 to as high as seventy per cent in 2011. This improvement was driven primarily by information disclosure, which avoided expensive and unpredictable legal enforcement through the court system of Indonesia. The combination of institutional history and detailed economic and analyses sheds light on the role of policy entrepreneurs who laid the foundation for disclosure and transparency, despite the constraints of the Suharto regime. The PROPER program is now internationally recognized and continues to serve as a model for many developing countries.
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.
Simplify the enormous array of U.S. environmental regulations. This popular handbook simplifies the complex world of environmental law and regulations so you can quickly see which ones impact your job, project, or course of study. This quick guide provides: Easy to read research on a huge amount of environmental laws and regulations that will cut down your research time History and summary of major U.S. laws and regulations Definitions of acronyms This book simplifies numerous federal environmental regulations, including pollution prevention, spills and notifications, dumping, hazardous waste, storage tanks, workplace safety, nuclear energy, marine mammal protection, forests, soil/water conservation, ecosystems, wetlands, federal lands management, and wilderness protection. This completely updated edition contains a new appendix on federal environmental regulations by act.
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.
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.
Over the last decade, market-based incentives have become the regulatory tool of choice when trying to solve difficult environmental problems. Evidence of their dominance can be seen in recent proposals for addressing global warming (through an emissions trading scheme in the Kyoto Protocol) and for amending the Clean Air Act (to add a new emissions trading systems for smog precursors and mercury--the Bush administration's "Clear Skies" program). They are widely viewed as more efficient than traditional command and control regulation. This collection of essays takes a critical look at this question, and evaluates whether the promises of market-based regulation have been fulfilled. Contributors put forth the ideas that few regulatory instruments are actually purely market-based, or purely prescriptive, and that both approaches can be systematically undermined by insufficiently careful design and by failures of monitoring and enforcement. All in all, the essays recommend future research that no longer pits one kind of approach against the other, but instead examines their interaction and compatibility. This book should appeal to academics in environmental economics and law, along with policymakers in government agencies and advocates in non-governmental organizations.
A detailed analysis of the policy effects of conservatives' decades-long effort to dismantle the federal regulatory framework for environmental protection. Since the 1970s, conservative activists have invoked free markets and distrust of the federal government as part of a concerted effort to roll back environmental regulations. They have promoted a powerful antiregulatory storyline to counter environmentalists' scenario of a fragile earth in need of protection, mobilized grassroots opposition, and mounted creative legal challenges to environmental laws. But what has been the impact of all this activity on policy? In this book, Judith Layzer offers a detailed and systematic analysis of conservatives' prolonged campaign to dismantle the federal regulatory framework for environmental protection. Examining conservatives' influence from the Nixon era to the Obama administration, Layzer describes a set of increasingly sophisticated tactics—including the depiction of environmentalists as extremist elitists, a growing reliance on right-wing think tanks and media outlets, the cultivation of sympathetic litigators and judges, and the use of environmentally friendly language to describe potentially harmful activities. She argues that although conservatives have failed to repeal or revamp any of the nation's environmental statutes, they have influenced the implementation of those laws in ways that increase the risks we face, prevented or delayed action on newly recognized problems, and altered the way Americans think about environmental problems and their solutions. Layzer's analysis sheds light not only on the politics of environmental protection but also, more generally, on the interaction between ideas and institutions in the development of policy.