Environmental Law & Policy: Nature, Law & Society is a coursebook designed to access the law of environmental protection through a “taxonomic” approach, exploring the range of legal structures and legal methodologies of the field—rather than simply designing it according to air, water, toxics, etc. as subject media (which often results in duplicative legal coverage). All the major subject areas of pollution and resource conservation are covered, but they are covered according to the legal approaches they represent. The book is “Saxist,” because it originally arose and continues to carry on themes from the teaching, guidance, and writings of the late Joseph Sax, the eminent pioneer of the environment law field who emphasized the interaction between common law and public law statutory structures, and introduced the public trust doctrine as a thread undergirding and running through the entire field of environmental law. Key Features: Includes teaching analysis of the completely-revised Toxics Substances Control Act by co-author Robert Graham, Esq. of Jenner & Block who is advising corporate clients on the new law. Coverage of the Dec 2015 Paris COP-21 climate agreement in its several different aspects, incorporating analysis by coauthor Prof David Wirth who played an active role in international preparations for the Paris accord. Expanded material on carbon pricing, until recently widely thought to be a politically impossible alternative avenue for mitigation of global climate disruption. Tracking major recent revisions in toxic substance regulation, with essential comparisons to the current European model of market access chemical regulation. An updated guide through the complexities of tensions between private property rights and environmental protections, and an innovative clarification of recent Supreme Court caselaw. An innovative chapter on official “planning”— a basic and problematic element of environmental governance, whether at the local level or national public lands level. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
DIVThe untold story of a notorious environmental case and the citizen crusade that carried a little fish through Washington politics and the Supreme Court/div
DIVEven today, thirty years after the legal battles to save the endangered snail darter, the little fish that blocked completion of a TVA dam is still invoked as an icon of leftist extremism and governmental foolishness. In this eye-opening book, the lawyer who with his students fought and won the Supreme Court case—known officially as Tennessee Valley Authority v. Hill—tells the hidden story behind one of the nation’s most significant environmental law battles. /divDIV The realities of the darter’s case, Plater asserts, have been consistently mischaracterized in politics and the media. This book offers a detailed account of the six-year crusade against a pork-barrel project that made no economic sense and was flawed from the start. In reality TVA’s project was designed for recreation and real estate development. And at the heart of the little group fighting the project in the courts and Congress were family farmers trying to save their homes and farms, most of which were to be resold in a corporate land development scheme. Plater’s gripping tale of citizens navigating the tangled corridors of national power stimulates important questions about our nation’s governance, and at last sets the snail darter’s record straight. /div
Environmental Law & Policy: Nature, Law & Society is a coursebook designed to access the law of environmental protection through a “taxonomic” approach, exploring the range of legal structures and legal methodologies of the field—rather than simply designing it according to air, water, toxics, etc. as subject media (which often results in duplicative legal coverage). All the major subject areas of pollution and resource conservation are covered, but they are covered according to the legal approaches they represent. The book is “Saxist,” because it originally arose and continues to carry on themes from the teaching, guidance, and writings of the late Joseph Sax, the eminent pioneer of the environment law field who emphasized the interaction between common law and public law statutory structures, and introduced the public trust doctrine as a thread undergirding and running through the entire field of environmental law. Key Features: Includes teaching analysis of the completely-revised Toxics Substances Control Act by co-author Robert Graham, Esq. of Jenner & Block who is advising corporate clients on the new law. Coverage of the Dec 2015 Paris COP-21 climate agreement in its several different aspects, incorporating analysis by coauthor Prof David Wirth who played an active role in international preparations for the Paris accord. Expanded material on carbon pricing, until recently widely thought to be a politically impossible alternative avenue for mitigation of global climate disruption. Tracking major recent revisions in toxic substance regulation, with essential comparisons to the current European model of market access chemical regulation. An updated guide through the complexities of tensions between private property rights and environmental protections, and an innovative clarification of recent Supreme Court caselaw. An innovative chapter on official “planning”— a basic and problematic element of environmental governance, whether at the local level or national public lands level. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
This user-friendly book - noted for its comprehensive legal process approach to the depth and complexity of modern environmental law - gives students a solid doctrinal footing in the law and helps build their analytical skills. Environmental Law and Policy: Nature, Law, and Society, Fourth Edition, uses the legal process approach, building on a base of common law and constitutional law and continuing on to statutory and administrative law, to illustrate both the structure of the law and how it works. Among the attributes that have made this classroom-tested casebook a favorite: coverage not only of the staples of environmental law but of hot topical areas of climate change law, regulation of toxics including consumer product exposures, natural ecological services, risk assessment, "brown-fielding" of contaminated sites, and the linkage between endangered polar bears and atmospheric loading broad topical coverage is supplemented with a reference section that includes a Statutory Capsule Appendix and an annotated Glossary of Acronyms and Abbreviations extensive author-written explanations accompanied by a large number of visuals, including charts, graphs, and photographs statutory and regulatory materials that build on the common law foundation of environmental law, showing the various ways in which statutes address environmental problems and pointing out the strengths and weaknesses of each generic statutory type accompanied by two Teacher's Manuals (one for law school professors and one for undergraduate professors), annual Professor's Updates, and a website with supplementary materials for adopters. The Teacher's Manuals and Updates suggest simulations and other exercises available online for integrating problem-solving, practical perspectives into the standard class format The Fourth Edition, which has been reorganized to bring related content together to better correspond to the amount of time usually spent on various topics, features: a new co-author, Noah D. Hall of Wayne State an array of significant materials not generally covered in other casebooks, including: The Copenhagen Climate Change Conference (the December 2009 international climate change greenhouse gas regulatory negotiations) Exxon Shipping v. Baker (oil spill punitive damages) Native Village of Kivalina v. ExxonMobil (climate change/public nuisance tort) National Assoc. of Homebuilders v. Defenders of Wildlife (endangered species and clash of statutes/ESA, CWA) Coeur Alaska v. SE Alaska Conservation Council ("When can a pristine river bea toxic disposal lagoon?" and the Supreme Court's recent parade of retreats from environmental protection) So. Utah Wilderness Alliance v. Norton (as a reflection of pressures on resources planning) Stop the Beach Renourishment v. Florida (sea-rise and oceanfront property) expanded coverage Part One Basic Themes Chapter 1 Basic Themes in Environmentalism Chapter 2 Cross-Cutting Themes in Environmental Law Part Two The Enduring Role of Common Law in Environmental protection Chapter 3 Common Law Tools for Environmental Protection Chapter 4 The Special Challenges of Toxic Tort Litigation Part Three The Basic Public Law of Environmental Law Chapter 5 An Introduction to Environmental Public Law and Regulatory Agencies Chapter 6 The Administrative Law of Environmental Law Chapter 7 Levels of Government & Sovereignty in the Environmental Context Part Four A Taxonomy of Public Law Approaches to Environmental Protection Chapter 8 Disclosure Statutes--: Public & Private Information, the Power of Required Disclosure, and the Stop-and-Think Logic of the National Environmental Policy Act Chapter 9 Planning as a Management Tool: Agency Oversight of Private & Public Resource Use, and the Challenge of Adaptive Management Chapter 10 Roadblock Statutes: The Endangered Species Act Chapter 11 From Harm-Based to Technology-Based Standards: Air Chapter 12 From Technology-Based to Harm-Based Standards: Water Chapter 13 The Use of Cost-Benefit Analysis and Risk Assessment Chapter 14 Market-Enlistment Environmental Strategies Chapter 15 Front-End Strategies: Market Entry Controls, Pollution Prevention, Toxic Use Reduction Chapter 16 Remedial Liability Regulatory Strategies: CERCLA Chapter 17 Life-Cycle Regulatory Strategies: RCRA Part Five Overarching Legal Perspectives Chapter 18 Enforcement & Compliance Strategies in the Civil Law Realm Chapter 19 Environmental Criminal Law Chapter 20 Public Rights and the Public Trust Doctrine Chapter 21 Public & Private Rights in Property: Eminent Domain & Regulatory Takings Chapter 21 International & Comparative Environmental Law Afterword
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