Making Environmental Law
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| 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 | : Lesley McAllister |
| Publisher | : Stanford University Press |
| Total Pages | : 288 |
| Release | : 2008-05-30 |
| Genre | : Law |
| ISBN | : 0804758239 |
Making Law Matter presents the first book-length treatment of an innovative prosecutorial institution, the Brazilian Ministrio Publico, which refashioned itself in the 1980s into a powerful defender of citizen rights in environmental protection, as well as in other areas of public interest such as disability rights, consumer protection, and anti-corruption.
| 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 | : Jerry Linn Anderson |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2018 |
| Genre | : Environmental law |
| ISBN | : 9781531005313 |
Adopted at dozens of law schools, this book is a valuable resource for imparting practical skills. Authors Anderson, Hirsch, Sachs, and Tormey have drawn on their wide experience as environmental law professors and practitioners to develop realistic exercises that teach the craft of environmental lawyering. Readers will learn how to bring a federal enforcement action against a polluter; negotiate a Superfund settlement; prepare documents and strategy for a citizen's suit; counsel a corporation on environmental compliance; navigate the issues that arise in government agency litigation (e.g., limits on discovery, standards of review); comment on EPA rule making; and handle environmental issues that arise in permitting a complex real estate development, as well as many other relevant skills. Updated and expanded, the fourth edition of Environmental Law Practice is comprehensive in scope. It contains problems and exercises under each of the major environmental statutes. In addition, it places readers in the three key roles played by environmental lawyers--government attorney, corporate counsel, and public interest advocate--and provides practice pointers for each of these types of work. The book makes extensive use of original documents such as statutes, the Code of Federal Regulations (CFR), regulatory preambles, and agency guidance, exposing students to the materials that environmental lawyers use most. This book covers the most significant areas of environmental practice: compliance, enforcement, litigation, permitting, and policy. It gives in-depth treatment of substantive environmental law areas such as the Clean Air Act, Clean Water Act, CERCLA, RCRA, EPCRA, NEPA, and citizen suits. It incorporates current developments in environmental law, such as recent Supreme Court and circuit court cases. Of the many books on environmental law, Environmental Law Practice is the one to use to develop the skills to become a practice-ready environmental attorney.
| Author | : Elizabeth Fisher |
| Publisher | : Oxford University Press |
| Total Pages | : 169 |
| Release | : 2017-10-19 |
| Genre | : Law |
| ISBN | : 0192512625 |
Environmental law is the law concerned with environmental problems. It is a vast area of law that operates from the local to the global, involving a range of different legal and regulatory techniques. In theory, environmental protection is a no brainer. Few people would actively argue for pollution or environmental destruction. Ensuring a clean environment is ethically desirable, and also sensible from a purely self-interested perspective. Yet, in practice, environmental law is a messy and complex business fraught with conflict. Whilst environmental law is often characterized in overly simplistic terms, with a law being seen as be a magic wand that solves an environmental problem, the reality is that creating and maintaining a body of laws to address and avoid problems is not easy, and involves legislators, courts, regulators and communities. This Very Short Introduction provides an overview of the main features of environmental law, and discusses how environmental law deals with multiple interests, socio-political conflicts, and the limits of knowledge about the environment. Showing how interdependent societies across the world have developed robust and legitimate bodies of law to address environmental problems, Elizabeth Fisher discusses some of the major issues involved in environmental law's: nation statehood, power, the reframing role of law, the need to ensure real environmental improvements, and environmental justice. As Fisher explains, environmental law is, and will always be, necessary but inherently controversial. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
| 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 | : Michael Gerrard |
| Publisher | : American Bar Association |
| Total Pages | : 920 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 9781604420838 |
Environmental justice is the concept that minority and low-income individuals, communities and populations should not be disproportionately exposed to environmental hazards, and that they should share fully in making the decisions that affect their environment. This volume examines the sources of environmental justice law and how evolving regulations and court decisions impact projects around the country.
| Author | : Arden Rowell |
| Publisher | : NYU Press |
| Total Pages | : 349 |
| Release | : 2021-02-16 |
| Genre | : Psychology |
| ISBN | : 1479812307 |
Offers psychological insights into how people perceive, respond to, value, and make decisions about the environment Environmental law may seem a strange space to seek insights from psychology. Psychology, after all, seeks to illuminate the interior of the human mind, while environmental law is fundamentally concerned with the exterior surroundings—the environment—in which people live. Yet psychology is a crucial, undervalued factor in how laws shape people’s interactions with the environment. Psychology can offer environmental law a rich, empirically informed account of why, when, and how people act in ways that affect the environment—which can then be used to more effectively pursue specific policy goals. When environmental law fails to incorporate insights from psychology, it risks misunderstanding and mispredicting human behaviors that may injure or otherwise affect the environment, and misprescribing legal tools to shape or mitigate those behaviors. The Psychology of Environmental Law provides key insights regarding how psychology can inform, explain, and improve how environmental law operates. It offers concrete analyses of the theoretical and practical payoffs in pollution control, ecosystem management, and climate change law and policy when psychological insights are taken into account.
| Author | : Maria Lee |
| Publisher | : Hart Publishing |
| Total Pages | : 0 |
| Release | : 2005-04-21 |
| Genre | : Law |
| ISBN | : 9781841134109 |
Contemporary environmental regulation is having to adapt to significant challenges. These challenges come from all directions, including the quest for economic efficiency, popular mistrust of experts and frequent observation of poor practical results. At EU level, criticisms of regulatory activity are accentuated by the significant questions that surround the legitimacy of certain EU institutions and processes. EU Environmental Law examines a range of substantive EU environmental laws and policies and considers far-reaching endeavors to improve environmental regulation.
| Author | : Tuomas Kuokkanen |
| Publisher | : Routledge |
| Total Pages | : 252 |
| Release | : 2016-01-29 |
| Genre | : Law |
| ISBN | : 131753025X |
Bringing together contributions from diplomats, UN agency officials, lawyers and academics, this book provides insight into the evolution of international environmental law, diplomacy and negotiating techniques. Based on first-hand experiences and extensive research, the chapters offer a blend of practice and theory, history and analysis, presenting a range of historical episodes and nuances and drawing lessons for future improvements to the processes of law-making and diplomacy. The book represents a synthesis of the most important messages to emerge from the annual course on Multilateral Environmental Agreements, delivered to diplomats and negotiators from around the world for the last decade by the University of Eastern Finland and the United Nations Environment Programme. The book will be of interest as a guide for negotiators and as a supplementary textbook and a reference volume for a wide range of students of law and environmental issues.
