Download or read book The Law and Policy of Environmental Federalism written by Kalyani Robbins and published by Edward Elgar Publishing. This book was released on 2015-12-18 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.
Download or read book Environmental Law and Policy in a Federal System written by National Environmental Law Association of Australia. Conference and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reinventing Environmental Enforcement and the State federal Relationship written by Clifford Rechtschaffen and published by Environmental Law Institute. This book was released on 2003 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most controversial issues in environmental law and policy-and one that of considerable importance to the EPA-is the allocation of power and authority between the federal and state governments. The recent evolution in approaches of environmental enforcement highlights many of the tensions inherent in this debate. During the past several years, the federal and state governments have spent a good deal of energy attempting to "reinvent" their relationship. The shifts in federal/state enforcement relations are highly significant, with the potential to fundamentally reorder the division of authority that has existing over the past 25 years. This book thoroughly documents the changing nature of federal/state relations in enforcing environmental law. It breaks new ground in analyzing the federal/state enforcement relationship, particularly in light of the many recent developments that have occurred in this area. The author's findings provide important lessons about the interplay between federal and state efforts in other regulatory areas, and for the structure of federal/state relations generally. Professors Rechtschaffen's and Markell's clear, in-depth analysis will be essential reading for legal and regulatory experts, attorneys who are involved in environmental enforcement matters, the judiciary, legislators, political scientists, public policy experts, and anyone with an interest in environmental law and policy.
Download or read book Federalism and Environmental Policy written by Denise Scheberle and published by Georgetown University Press. This book was released on 2004-03-17 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Giving particular attention to intergovernmental working relationships, this revised edition of Federalism and Environmental Policy has been significantly updated to reflect the changes that have taken place since the highly praised first edition. Denise Scheberle examines reasons why environmental laws seldom work out exactly as planned. Casting federal-state working relationships as "pulling together," "coming apart," or somewhere in-between, she provides dozens of observations from federal and state officials. This study also suggests that implementation of environmental policy is a story of high stakes politics—a story rich with contextual factors and as fascinating as the time the policy was formulated. As four very different environmental programs unfold—asbestos (updated to include the fallout from the World Trade Center), drinking water, radon, and surface coal mining—Scheberle demonstrates how programs evolve differently, with individual political, economic, logistical, and technical constraints. The policy implementation framework developed for the book provides the lens through which to compare environmental laws. Federalism and Environmental Policy goes beyond the contents of policy to explore the complex web of federal-state working relationships and their effect on the implementation of policy. It is unique in how it portrays the nuts-and-bolts, the extent to which the state and federal offices work together effectively—or not. Examining working relationships within the context of program implementation and across four different environmental programs offers a unique perspective on why environmental laws sometimes go awry.
Download or read book Using Federalism to Improve Environmental Policy written by Henry N. Butler and published by A E I Press. This book was released on 1996 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The centralisation of environmental regulation has led to inflexibility on America's federal government as it attempts to respond to various problems. This analysis of current policies proposes a restructuring of the environmental regulatory authority to lead to better environmental enforcement.
Download or read book Environmental Law Policy and Economics written by Nicholas Askounes Ashford and published by MIT Press. This book was released on 2008 with total page 1125 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.
Download or read book A Guide to U S Environmental Law written by Arden Rowell and published by University of California Press. This book was released on 2021-02-23 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Making Environmental Law written by Nancy E. Marion and published by Bloomsbury Publishing USA. This book was released on 2011-08-10 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Eisenhower to Obama, this book provides a comprehensive analysis of the policies Congress and the president have proposed and passed to protect the environment over time. The U.S. federal government first began to consider legislation to protect the environment and natural resources in 1940s. Since that time, Congress and the president have considered and passed numerous environmental policies—laws that serve to protect the quality of the air we breathe, the water we drink, the natural beauty of the land, and the animals that live both on land and in the water. In Making Environmental Law: The Politics of Protecting the Earth, experienced and accomplished environmental law researcher Nancy E. Marion shows what policies Congress have proposed and passed to protect the environment over time. Each chapter focuses on the members of Congress's response to a different environmental concern, such as ocean dumping, pesticides, and solid waste. With "green" awareness now affecting every aspect of our modern world, this text serves as an invaluable reference for students and researchers who need a deeper historical background on the political aspects of these issues.
Download or read book Foundations of Environmental Law and Policy written by Richard L. Revesz and published by Oxford University Press, USA. This book was released on 1997 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in the Interdisciplinary Readers in Law series is a collection of 40 readings by lawyers, economists, environmentalists, and legal scholars, which introduce students to the major theoretical approaches in the field. The selections have been edited to facilitate accessibility, and each chapter includes an introduction highlighting the most important contributions of the readings. The chapters end with an extensive set of notes and questions, designed both to provide a deeper understanding of the readings as well as to introduce and critique a broader set of perspectives. This book can be used as a companion volume to the case materials used in a survey course on environmental law, as a textbook for law school seminars on environmental law and policy, and for undergraduate and graduate seminars on environmental policy in a variety of disciplines, including government, public policy, forestry, and resource management. This volume is part of the Interdisciplinary Readers in Law series (Roberta Romano, General Editor). Designed as a collection of supplementary texts for law school courses, the series collects important essays from leading lawyers, economists, political scientists, philosophers, historians, and legal scholars, reflecting the broad range of scholarship that informs contemporary law. Other volumes in the series include Foundations of Corporate Law (Roberta Romano, Editor) Foundations of Administrative Law (Peter Schuck, Editor), Foundations of Contract Law (Richard Craswell and Alan Schwartz, Editors), Foundations of Tort Law (Saul Levmore, Editor), and Foundations of Employment Discrimination Law (John J. Donohue III, Editor).
Download or read book Environmental Regulation written by Robert V. Percival and published by Aspen Publishing. This book was released on 2021-08-16 with total page 1726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks Environmental Regulation: Law, Science, and Policy demystifies the complexity of environmental law. It provides up-to-date, comprehensive and accessible coverage of this rapidly changing field. After exploring the causes of environmental problems and the moral values they implicate, the casebook provides a structural overview of the regulatory system. It considers how environmental law seeks to protect public health and the environment from climate change, toxic chemicals, hazardous wastes, and air and water pollution. This casebook covers land use regulation, protection of biodiversity, environmental impact assessment, environmental enforcement, and international environmental law. Written in a style accessible to the non-specialist, this casebook affords instructors flexibility in organizing courses. Effective teaching and study aids include outlines of the structure of each environmental statute, real-world-based problems and questions, “pathfinders” explaining where to find crucial source materials for every major topic, an extensive glossary, and a list of acronyms. The accompanying Website is kept current with annual statutory and case supplements. New to the 9th Edition: The most comprehensive updating and editing of this classic casebook since the first edition helped define the field nearly thirty years ago, including: Biden administration reversals of Trump changes to federal environmental policy How efforts to combat the climate crisis are affecting all areas of environmental law New material on environmental justice throughout the casebook The impact of the global pandemic on environmental law and policy New material on the social cost of carbon, PFAS and chemical testing, the Navigable Waters Protection Rule, the Migratory Bird Treaty Act, environmental enforcement, and private environmental governance Excerpts from important new court decisions including: County of Maui v. Hawaii Wildlife Fund (groundwater and the Clean Water Act) ARCO v. Christian (the impact of CERCLA on state remedies for environmental contamination) Weyerhaeuser v. US Fish & Wildlife Service (critical habitat for endangered species) American Lung Ass’n v. EPA (DC Circuit’s 2021 decision invalidating the Trump administration’s Affordable Clean Energy regulations for greenhouse gas emissions under the Clean Air Act) Juliana v. US (9th Circuit decision dismissing claims that the federal government violated constitutional environmental rights by promoting fossil fuels) McKiver v. Murphy-Brown (4th Circuit decision on private nuisance, CAFOS and environmental justice) Jam v. International Finance Corporation (immunity of international development bank for financing coal-fired power plant in India) New and improved problem exercises Streamlined and more tightly edited and featuring a new Teacher’s Manual Professors and students will benefit from: Comprehensive and up-to-date coverage in a style accessible to the non-specialist Self-contained chapters for flexibility in organizing courses A detailed examination of policy Focus on environmental statutes How statutes translate into regulations Factors that affect real-world behavior Effective teaching and study aids Outlines of the structure of each environmental statute Real-world-based problems and questions “pathfinders” explaining where to find crucial source materials for every major subject area Extensive glossary List of acronyms
Download or read book California Environmental Law and Policy written by Albert I. Herson and published by . This book was released on 2017-03-28 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Managing Green Mandates written by Pietro S. Nivola and published by Brookings Institution Press. This book was released on 2004-06-23 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and American Enterprise Institute publication Federal policies have made great progress protecting the environment. But the policies sometimes have imposed inordinate costs on local governments. Managing Green Mandates describes how various federal environmental directives do not suit diverse conditions at the local level, and compel local communities to spend their revenues on reducing relatively minor risks to the public health. While policymakers have thrown far-reaching requirements at the feet of local authorities, the federal government is providing them less aid to comply with the increasingly stringent standards. The burden of these underfunded mandates can further disadvantage many overtaxed municipalities. Pietro Nivola is a senior fellow in the Governmental Studies program at the Brookings Institution. He is the author of The Laws of the Landscape: How Politics Shape Cities in Europe and America (Brookings 1999). Jon Shields is a graduate student in the Department of Government and Foreign Affairs at the University of Virginia.
Download or read book Comparative and Global Environmental Law and Policy written by Tseming Yang and published by Aspen Publishing. This book was released on 2019-09-13 with total page 1222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.
Download or read book Environmental Federalism written by Terry Lee Anderson and published by . This book was released on 1997 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over a quarter century, the federal government has been the primary determinant of environmental regulation and policy. The contributors to this volume provide a wide variety of strategies to challenge what they consider to be Washington's unsophisticated, ineffective, and harmful approaches. The original essays demonstrate how states can improve environmental regulations as they apply to land, water, wildlife, and pesticides, and they provide a general framework for how states can regain control of their environmental destiny. Important reading for anyone interested in environmental policy studies.
Download or read book The Making of Environmental Law written by Richard J. Lazarus and published by University of Chicago Press. This book was released on 2008-09-15 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Common Law and the Environment written by Roger E. Meiners and published by Rowman & Littlefield. This book was released on 2000 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1970, when the Clean Air Act was passed and the Environmental Protection Agency was created, the primary means for addressing environmental problems in the U.S. has been through comprehensive federal statutes and detailed regulations. Evaluating almost three decades of experience with the Clean Air Act, Superfund, the Clean Water Act, the Endangered Species Act, and other major federal environmental statutes, the contributors to this volume question the effectiveness and impact of the legal regime that created these regulations. While most studies of environmental policy paint a picture of improvement through government initiatives, these essays argue the contrary. Pointing to Cleveland's burning river, the death of Lake Erie, smog in Los Angeles, and Love Canal, the contributors demonstrate that command-and-control regulation of the environment has not delivered the great improvements in environmental quality as promised. The Common Law and the Environment offers principles for a new approach to protecting the environment and looks to evidence of the successes of alternative legal systems to address significant problems.
Download or read book Environmental Law and Policy written by James Salzman and published by . This book was released on 2007 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
