The Making of Environmental Law

The Making of Environmental Law

Author: Richard J. Lazarus

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 335

ISBN-13: 0226470644

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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.


Taking Back Eden

Taking Back Eden

Author: Oliver A. Houck

Publisher: Island Press

Published: 2012-06-22

Total Pages: 259

ISBN-13: 1610911504

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Taking Back Eden is a set of case studies of environmental lawsuits brought in eight countries around the world, including the U.S, beginning in the 1960s. The book conveys what is in fact a revolution in the field of law: ordinary citizens (and lawyers) using their standing as citizens in challenging corporate practices and government policies to change not just the way the environment is defended but the way that the public interest is recognized in law. Oliver Houck, a well-known environmental attorney, professor of law, and extraordinary storyteller, vividly depicts the places protected, as well as the litigants who pursued the cases, their strategies, and the judges and other government officials who ruled on them. This book will appeal to upperclass undergraduates, graduate students, and to all citizens interested in protecting the environment.


The Impact of Environmental Law

The Impact of Environmental Law

Author: Rose-Liza Eisma-Osorio

Publisher: Edward Elgar Publishing

Published: 2020-05-29

Total Pages: 193

ISBN-13: 183910693X

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This cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Illustrating narratives of successful developments in environmental law, contributors draw out key lessons and practices for effective reform and highlight opportunities by which we can respond to environmental challenges facing the planet.


Environmental Law: A Very Short Introduction

Environmental Law: A Very Short Introduction

Author: Elizabeth Fisher

Publisher: Oxford University Press

Published: 2017-10-19

Total Pages: 169

ISBN-13: 0192512625

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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.


Law's Environment

Law's Environment

Author: John Copeland Nagle

Publisher: Yale University Press

Published: 2010-05-25

Total Pages: 313

ISBN-13: 030016291X

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John Copeland Nagle shows how our reliance on environmental law affects the natural environment through an examination of five diverse places in the American landscape: Alaska's Adak Island; the Susquehanna River; Colton in California's Inland Empire; Theodore Roosevelt National Park in the badlands of North Dakota; and Alamogordo in New Mexico. Nagle asks why some places are preserved by the law while others are not, and he finds that environmental laws often have unexpected results while other laws have surprising effects on the environment. Nagle argues that sound environmental policy requires better coordination among the many laws, regulations, and social norms that determine the values and uses of our scarce lands and waters.


Client Earth

Client Earth

Author: James Thornton

Publisher: Scribe Publications

Published: 2017-05-11

Total Pages: 323

ISBN-13: 1925307999

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Environmentally, our planet lacks the laws to keep it safe and those laws we do have are feebly enforced. Every new year is the hottest in human history, while forest, reef, ice, tundra, and species are disappearing forever. It is easy to lose all hope. Who will stop the planet from committing ecological suicide? The UN? Governments? Activists? Corporations? Engineers? Scientists? Whoever, environmental laws need to be enforceable and enforced. Step forward a fresh breed of passionately purposeful environmental lawyers. They provide new rules to legislatures, see that they are enforced, and keep us informed. They tackle big business to ensure money flows into cultural change, because money is the grammar of business just as science is the grammar of nature. At the head of this new legal army stands James Thornton, who takes governments to court, and wins. And his client is the Earth. With Client Earth, we travel from Poland to Ghana, from Alaska to China, to see how citizens can use public interest law to protect their planet. Foundations and philanthropists support the law group ClientEarth because they see, plainly and brightly, that the law is a force all parties recognize. Lawyers who take the Earth as their client are exceptional and inspirational. They give us back our hope. PRAISE FOR JAMES THORNTON AND MARTIN GOODMAN ‘Humanity's grace and dignity are restored each time a case is successfully brought and won … by these exceptional environmental lawyers.’ Sculpture


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


The Environmental Case

The Environmental Case

Author: Judith A. Layzer

Publisher: CQ Press

Published: 2023-06-05

Total Pages: 518

ISBN-13: 1071870254

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Answers to environmental issues are not black and white. Debates around policy are often among those with fundamentally different values, and the way that problems and solutions are defined plays a central role in shaping how those values are translated into policy. The Environmental Case captures the real-world complexity of creating environmental policy, and this much-anticipated Sixth Edition contains 14 carefully constructed cases, including a new study of the Salton Sea crisis. Through her analysis, Sara Rinfret continues the work of Judith Layzer and explores the background, players, contributing factors, and outcomes of each case, and gives readers insight into some of the most interesting and controversial issues in U.S. environmental policymaking.


Environmental Ethics and Law

Environmental Ethics and Law

Author: Robert Jay Goldstein

Publisher: Ashgate Publishing

Published: 2004

Total Pages: 734

ISBN-13:

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This collection explores a broad range of topics approaching environmental ethics from many different angles. A common thread running through the volume is the analysis of ethical principles as the backbone of practical policies and law for the benefit of the environment, and ultimately for the benefit of its inhabitants. The contributors are all at the forefront of their respective fields and fall into two essential categories: well-established scholars in the field of environmental ethics; and a group of newer voices that have followed what might be characterized as the first wave of environmental ethics scholarship.


Toxic Loopholes

Toxic Loopholes

Author: Craig Collins

Publisher: Cambridge University Press

Published: 2010-03-15

Total Pages: 288

ISBN-13: 9780521760850

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The EPA was established to enforce the environmental laws Congress enacted during the 1970s. Yet today lethal toxins still permeate our environment, causing widespread illness and even death. Toxic Loopholes investigates these laws, and the agency charged with their enforcement, to explain why they have failed to arrest the nation's rising environmental crime wave and clean up the country's land, air, and water. This book illustrates how weak laws, legal loopholes, and regulatory negligence harm everyday people struggling to clean up their communities. It demonstrates that our current system of environmental protection pacifies the public with a false sense of security, dampens environmental activism, and erects legal barricades and bureaucratic barriers to shield powerful polluters from the wrath of their victims. After examining the corrosive economic and political forces undermining environmental law making and enforcement, the final chapters assess the potential for real improvement and the possibility of building cooperative international agreements to confront the rising tide of ecological perils threatening the entire planet.