Environmental Enforcement
Environmental Enforcement

Author: Joel A. Mintz

Publisher:

Published: 2007

Total Pages: 0

ISBN-13: 9781594600333

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This casebook is now availabe in paperback. To view the 2012 update supplement, click here. Environmental Enforcement is the first casebook devoted exclusively to environmental enforcement issues. Perfect for a specialized course or seminar, or as a supplement to existing survey courses, the book provides in-depth coverage of this emerging and dynamic field. Although literally thousands of attorneys in government, private practice, and public interest organizations are involved in environmental enforcement in all or nearly all of their practice, this subject too often receives only cursory treatment in traditional texts. This book introduces future lawyers to the full range of legal issues and practical challenges they will face when handling environmental enforcement cases. The book begins with an examination of the theories underlying the various models of environmental enforcement and the appropriate roles of the federal and state governments in enforcement. It then contains chapters on government investigative authorities and administrative, civil, criminal, and citizen enforcement. There also is a lengthy chapter devoted to the specialized issues arising in Superfund enforcement. The book then examines the burgeoning area of compliance incentives and assistance programs, and also discusses alternative enforcement strategies, such as permit bars, public spotlighting techniques, and common law theories. Problem exercises appear throughout the book.

Urban Stormwater Management in the United States
Urban Stormwater Management in the United States

Author: National Research Council

Publisher: National Academies Press

Published: 2009-03-17

Total Pages: 611

ISBN-13: 0309125391

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The rapid conversion of land to urban and suburban areas has profoundly altered how water flows during and following storm events, putting higher volumes of water and more pollutants into the nation's rivers, lakes, and estuaries. These changes have degraded water quality and habitat in virtually every urban stream system. The Clean Water Act regulatory framework for addressing sewage and industrial wastes is not well suited to the more difficult problem of stormwater discharges. This book calls for an entirely new permitting structure that would put authority and accountability for stormwater discharges at the municipal level. A number of additional actions, such as conserving natural areas, reducing hard surface cover (e.g., roads and parking lots), and retrofitting urban areas with features that hold and treat stormwater, are recommended.

The Rule of Five
The Rule of Five

Author: Richard J. Lazarus

Publisher: Belknap Press

Published: 2020-03-10

Total Pages: 369

ISBN-13: 0674238125

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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

Law and Leviathan
Law and Leviathan

Author: Cass R. Sunstein

Publisher: Belknap Press

Published: 2020-09-15

Total Pages: 209

ISBN-13: 0674247531

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Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal

Transit Noise and Vibration Impact Assessment
Transit Noise and Vibration Impact Assessment

Author:

Publisher:

Published: 1995

Total Pages: 238

ISBN-13:

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This manual provides direction for the preparation of noise and vibration sections of environmental documents for mass transportation projects. The manual has been developed in the interest of promoting quality and uniformity in assessments. It is expected to be used by people associated with or affected by the urban transit industry, including Federal Transit Administration (FTA) staff, grant applicants, consultants and the general public. Each of these groups has an interest in noise/vibration assessment, but not all have the need for all the details of the process. Consequently, this manual has been prepared to serve readers with varying levels of technical background and interests. It sets forth the basic concepts, methods and procedures for documenting the extent and severity of noise impacts from transit projects.

Encyclopedia of Ethical Failure
Encyclopedia of Ethical Failure

Author: Department of Defense

Publisher:

Published: 2009-12-31

Total Pages: 156

ISBN-13: 9781452863467

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The Standards of Conduct Office of the Department of Defense General Counsel's Office has assembled an "encyclopedia" of cases of ethical failure for use as a training tool. These are real examples of Federal employees who have intentionally or unwittingly violated standards of conduct. Some cases are humorous, some sad, and all are real. Some will anger you as a Federal employee and some will anger you as an American taxpayer. Note the multiple jail and probation sentences, fines, employment terminations and other sanctions that were taken as a result of these ethical failures. Violations of many ethical standards involve criminal statutes. This updated (end of 2009) edition is organized by type of violations, including conflicts of interest, misuse of Government equipment, violations of post-employment restrictions, and travel.