Environmental Litigation And The Epa
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Author | : Richard J. Lazarus |
Publisher | : Belknap Press |
Total Pages | : 369 |
Release | : 2020-03-10 |
Genre | : Law |
ISBN | : 0674238125 |
Winner of the Julia Ward Howe Prize “The gripping story of the most important environmental law case ever decided by the Supreme Court.” —Scott Turow “In the tradition of A Civil Action, this book makes a compelling story of the court fight that paved the way for regulating the emissions now overheating the planet. It offers a poignant reminder of how far we’ve come—and how far we still must go.” —Bill McKibben, author of The End of Nature On an unseasonably warm October morning, an idealistic young lawyer working on a shoestring budget for an environmental organization no one had heard of hand-delivered a petition to the Environmental Protection Agency, asking it to restrict greenhouse gas emissions from new cars. The Clean Air Act authorized the EPA to regulate “any air pollutant” thought to endanger public health. But could carbon dioxide really be considered a harmful pollutant? And even if the EPA had the authority to regulate emissions, could it be forced to do so? The Rule of Five tells the dramatic story of how Joe Mendelson and the band of lawyers who joined him carried his case all the way to the Supreme Court. It reveals how accident, infighting, luck, superb lawyering, politics, and the arcane practices of the Supreme Court collided to produce a legal miracle. The final ruling in Massachusetts v. EPA, by a razor-thin 5–4 margin brilliantly crafted by Justice John Paul Stevens, paved the way to important environmental safeguards which the Trump administration fought hard to unravel and many now seek to expand. “There’s no better book if you want to understand the past, present, and future of environmental litigation.” —Elizabeth Kolbert, author of The Sixth Extinction “A riveting story, beautifully told.” —Foreign Affairs “Wonderful...A master class in how the Supreme Court works and, more broadly, how major cases navigate through the legal system.” —Science
Author | : A. James Barnes |
Publisher | : Rowman & Littlefield |
Total Pages | : 671 |
Release | : 2021-02-15 |
Genre | : Nature |
ISBN | : 1538147130 |
In conjunction with the 50th anniversary of the creation of the Environmental Protection Agency, this book brings together leading scholars and EPA veterans to provide a comprehensive assessment of the agency’s key decisions and actions in the various areas of its responsibility. Themes across all chapters include the role of rulemaking, negotiation/compromise, partisan polarization, judicial impacts, relations with the White House and Congress, public opinion, interest group pressures, environmental enforcement, environmental justice, risk assessment, and interagency conflict. As no other book on the market currently discusses EPA with this focus or scope, the authors have set out to provide a comprehensive analysis of the agency’s rich 50-year history for academics, students, professional, and the environmental community.
Author | : John F. McEldowney |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Environmental law |
ISBN | : 9780857938206 |
Featuring an original introduction by the editors, this important collection of essays explores the main issues surrounding the regulation of the environment. The expert contributors illustrate that regulating the environment in the UK is conceptually complex, involves a diverse range of institutions, techniques and methodologies and crosses geographical and national boundaries. In the USA it is more formalised, juridical, adversarial and formally dependent upon legal rules. The articles highlight the fact that despite differences in the UK and the USA's regulatory styles, environmental regulation today has much in common with both traditions.
Author | : |
Publisher | : |
Total Pages | : 372 |
Release | : 1981 |
Genre | : Environmental protection |
ISBN | : |
Author | : Robert D. Bullard |
Publisher | : Avalon Publishing - (Westview Press) |
Total Pages | : 257 |
Release | : 2008-03-31 |
Genre | : Social Science |
ISBN | : 0813344271 |
To be poor, working-class, or a person of color in the United States often means bearing a disproportionate share of the country’s environmental problems. Starting with the premise that all Americans have a basic right to live in a healthy environment, Dumping in Dixie chronicles the efforts of five African American communities, empowered by the civil rights movement, to link environmentalism with issues of social justice. In the third edition, Bullard speaks to us from the front lines of the environmental justice movement about new developments in environmental racism, different organizing strategies, and success stories in the struggle for environmental equity.
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 162 |
Release | : 2011-09-08 |
Genre | : Technology & Engineering |
ISBN | : 0309212553 |
Sustainability is based on a simple and long-recognized factual premise: Everything that humans require for their survival and well-being depends, directly or indirectly, on the natural environment. The environment provides the air we breathe, the water we drink, and the food we eat. Recognizing the importance of sustainability to its work, the U.S. Environmental Protection Agency (EPA) has been working to create programs and applications in a variety of areas to better incorporate sustainability into decision-making at the agency. To further strengthen the scientific basis for sustainability as it applies to human health and environmental protection, the EPA asked the National Research Council (NRC) to provide a framework for incorporating sustainability into the EPA's principles and decision-making. This framework, Sustainability and the U.S. EPA, provides recommendations for a sustainability approach that both incorporates and goes beyond an approach based on assessing and managing the risks posed by pollutants that has largely shaped environmental policy since the 1980s. Although risk-based methods have led to many successes and remain important tools, the report concludes that they are not adequate to address many of the complex problems that put current and future generations at risk, such as depletion of natural resources, climate change, and loss of biodiversity. Moreover, sophisticated tools are increasingly available to address cross-cutting, complex, and challenging issues that go beyond risk management. The report recommends that EPA formally adopt as its sustainability paradigm the widely used "three pillars" approach, which means considering the environmental, social, and economic impacts of an action or decision. Health should be expressly included in the "social" pillar. EPA should also articulate its vision for sustainability and develop a set of sustainability principles that would underlie all agency policies and programs.
Author | : Nicholas Askounes Ashford |
Publisher | : MIT Press |
Total Pages | : 1125 |
Release | : 2008 |
Genre | : Environmental law |
ISBN | : 0262012383 |
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.
Author | : William M. Alley |
Publisher | : Rowman & Littlefield |
Total Pages | : 303 |
Release | : 2020-01-30 |
Genre | : Science |
ISBN | : 153813151X |
As the U.S. Environmental Protection Agency (EPA) passes the half century mark, the public is largely apathetic towards the need for environmental protections. Today’s problems are largely invisible, and to many people’s eyes, the environment looks like it’s doing just fine. The crippling smog and burning rivers of yesteryear are just a memory. In addition, Americans are repeatedly told that the EPA is hurting the economy, destroying jobs, and intruding into people’s private lives. The truth is far more complicated. The War on the EPA: America’s Endangered Environmental Protections examines the daunting hurdles facing the EPA in its critical roles in drinking water, air and water pollution, climate change, and toxic chemicals. This book takes the reader on a journey into some of today’s most pressing environmental problems: toxic “forever chemicals” known as PFAS, pervasive agricultural pollution, dead zones in the Gulf of Mexico, and widespread air and water pollution from use of fossil fuels. Delving into the science, politics, and human dimension of these and other problems, the book illustrates the challenges of regulation through the EPA's first fifty years, how today’s war on science is undermining the scientific foundation upon which the agency’s legitimacy rests, and why a strong U.S. Environmental Protection Agency is more important than ever before.
Author | : Richard J. Lazarus |
Publisher | : University of Chicago Press |
Total Pages | : 335 |
Release | : 2008-09-15 |
Genre | : Law |
ISBN | : 0226470644 |
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.
Author | : Michael Gerrard |
Publisher | : American Bar Association |
Total Pages | : 796 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318164 |
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.