This book offers an interdisciplinary experiential study of environmental law unlike the typical environmental law textbook. Ex-panding beyond case studies, statutes, and rules, this book provides a unique, process-oriented introduction to law and legal research and its use in environmental policy and decision-making.
Introduction to U.S. Law, Policy, and Research--An Environmental Perspective offers an interdisciplinary experiential study of environmental law unlike the typical environmental law textbook. Expanding beyond case studies, statutes, and rules, this book provides a unique, process-oriented introduction to law and legal research and its use in environmental policy and decision-making. Covering the origins and structure of the U.S. legal system, Introduction to U.S. Law, Policy, and Research--An Environmental Perspective places special emphasis on the litigation process and specific cases that explain common law and toxic torts, environmental administrative law, and environmental regulation through application and testing of statutory law in the courts. In an effort to help students develop legal literacy as well as stronger research and writing skills, authors Dana Neacsu and Peter Bower provide the hands-on use of online legal resources, readings of opinions, statutes, and casebooks. Students will leave the text with a thorough understanding of: ?The origins, history, and structure of the U.S. legal system and how they apply to environmental policy and decision-making. ?The structure of the U.S. court system, including the importance of precedent and roles of the Constitution and Supreme Court. ?How to use legal research tools to find "good law" by analyzing precedent, find cases that determine the meaning of statute, and more. ?How to read, and brief cases, understand the structure of case-law writing etc. ?And much more! Complete with an interactive online resource to help guide students through the course material, provide in-depth case studies, and engage students in further reading, Introduction to U.S. Law, Policy, and Research--An Environmental Perspective is a must-read for those looking to understand the basis of U.S. law and environmental policy.
Written by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters include summaries of key concepts, discussion questions, and a glossary of terms, as well as informative "spotlights"—brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Law is a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this book with its companion, A Guide to EU Environmental Law, allows for a comparative look at how two of the most important jurisdictions in the world deal with key environmental problems.
Most books on environment law focus on the law first, and then look at how environmental problems are dealt with in relation to the law. Taking a fresh approach, Environmental Law from the Policy Perspective: Understanding How Legal Frameworks Influence Environmental Problem Solving examines environmental problems first, followed by an examination of legal frameworks and how they impact environmental issues. This approach provides a clearer understanding of the relationship between the law and environment by examining environmental issues from an applied perspective. By first focusing on environmental problems without constraining the analysis to a particular legal framework, this book fosters a more holistic discussion of environmental issues that include scientific, social, economic, and political contexts. It examines how laws affect the adaptation of policy, how policy is legitimized into statutory law, and how the law is impacted in practice. The text then underscores how interpretation of the law affects its application to different factual settings. Written by an environmental law expert who teaches environmental law to those not trained in legal theory, the book provides insights into the way environmental issues are "ingested" into a legal process. The author demystifies environmental law as a concept by applying it through the lens of environmental problem solving. Once you have a clear picture of the role legal frameworks have in managing environmental issues, you will be able to take a deeper policy-oriented approach to environmental problems.
Offering a big-picture perspective on Environmental Law and Policy, this brief introduction illuminates essential concepts with informal, approachable exposition. The Essentials: Environmental Law and Policy complements any casebook, bridging gaps in students' understanding of basic coverage. A lucid and succinct overview, The Essentials: Environmental Law and Policy features: basic coverage that traces the content of the leading casebooks, with particular attention given to complex and often baffling environmental statutes major environmental issues and their appropriate regulatory response substantive law in environmental regulation, such as administrative law, tort law, constitutional law, and criminal law an overview of the national infrastructure for environmental regulation Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act National Environmental Policy Act, Toxic Substances Control Act, Endangered Species Act - international environmental law, such as the Kyoto Protocol From a rising star in the field of Environmental Law comes this exciting new title that offers concise, focused coverage of the issues, law, and policy. Jonathan R. Nash's The Essentials: Environmental Law and Policy prepares your students to get the most out of their casebook reading assignments.
This important resource offers a comprehensive overview of the major U.S. environmental laws and approaches, strategies, standards, and enforcement techniques by which American law protects our environment and our health. Written for the non-lawyer, the book puts the spotlight on general concepts that go a long way to demystify the American legal system (what law consists of, who makes it, how it is made, and how it is enforced). The authors also introduce the major environmental laws and evaluate issues, controversies and developments in environmental policy.
Environmental Protection: Law and Policy, widely respected for its intellectual breadth and depth, is an interdisciplinary and international overview of the fundamental issues of Environmental Law, incorporating history, theory, litigation, regulation, policy, science, economics, and ethics. It includes a complete introduction to the history of environmental protection; laws and regulations; regulatory design strategies; policy objectives; and analysis of constitutional federalism and related policy questions concerning the design and implementation of environmental protection programs. Coverage includes the major federal pollution control laws (the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA, and more); climate change (a chapter discussing important scientific, policy, and program design questions); natural resource management issues (two chapters focusing on the National Environmental Policy Act and the Endangered Species Act); and national forest management. New to the Eighth Edition: Thoroughly updated coverage, including how various actors—Congress, the President, political and career staff at agencies such as EPA, and regulatory beneficiaries—influence shifts in environmental law and policy, including Trump Administration initiatives that raise novel administrative and environmental law issues that have been or are likely to be addressed by the courts Coverage of evolving agency approaches to the scope of Clean Water Act mandates through repeal of or revisions to the "waters of the United States" rule, and of controversies surrounding the Trump Administration's climate change policies, including repeal of the Clean Power Plan and its announced withdrawal from the 2015 Paris climate agreement to which virtually every other nation is a party Inclusion of new principal cases such as the Supreme Court's decision in Michigan v. EPA, which addressed the role of cost in regulation, and the Third Circuit's decision in American Farm Bureau Federation v. EPA, which involved implementation of the total maximum daily load program under the Clean Water Act Comprehensive treatment of 2016 amendments to the Toxic Substances Control Act, the first major revisions to a core environmental statute enacted by Congress in 20 years Treatment of compliance and enforcement issues and their importance to the development and implementation of environmental law Coverage of ongoing controversial litigation in courts throughout the country on application of the public trust doctrine to force government action to mitigate climate change through controls on greenhouse gas emissions Professors and students will benefit from: Thorough and nuanced treatment of the history of environmental protection, existing laws, regulations, and cases, regulatory design strategies, and current and developing policy objectives Broad-based international and interdisciplinary approach incorporating science, economics, and ethics Coverage of major federal pollution control laws Landmark and cutting-edge cases Notes and questions Charts and graphics Numerous exercises and problems Distinguished authorship with extensive practical, scholarly, and teaching experience
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world'Äôs leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. ¬+ Providing a comprehensive overview of the current and developing state of environmental governance in the United States, this Advanced Introduction lays out the foundations of US environmental law. E. Donald Elliott and Daniel Esty explore how federal environmental law is made and how it interacts with state law, highlighting the important role that administrative agencies play in the creation, implementation, and enforcement of US environmental law. ¬+ Key features include: ¬+ an examination of the key statutes, case law, and controversies involved in the regulation of natural resources a survey of the broad range of regulations and legal principles that govern the protection of the environment in the United States analysis of relevant statutes for specific issues including air and water pollution, climate change, endangered species, wilderness preservation, hazardous waste, and pesticides. ¬+ This Advanced Introduction will be a valuable resource for scholars and students of environmental law. It will also be beneficial for environmental lawyers, business executives, NGO leaders, policymakers, and think tank analysts who work on environmental issues.
If you're ready to tackle the fundanmental questions surrounding modern environmental law, this comprehensive revision of the classic casebook is your ideal teaching tool. In ENVIRONMENTAL PROTECTION: Law and Policy, Third Edition, The authors closely examine the premise that environmental law has progressed from an anti-pollution, and anti-public works movement to a more established perspective that influences all decisions on the use of natural resources. ENVIRONMENTAL PROTECTION: Law and Policy, leads students to a deep understanding of the legal, policy, and regulatory aspects, one step at a time by: Opening the book with two cases that raise basic issues - 'What is environmentalism?' and 'What are the sources of environmental law/' - that immediately show the relevance of the interdisciplinary material. Advancing the discussion with a blend of foundational cases And The latest court decisions to explore important topics. Offering more accessible notes that present basic information about the purpose of regulatory programs and also provide alternative and supplementary perspectives on the principle cases. Integrating domestic and international environmental law to show how U.S. law has shaped international law and how evolving international norms are influencing U.S. law. Drawing interdisciplinary materials from the three major sources of environmentalism - science, ethics, and economics - convey the underpinnings of environmental law a well as their limits. Asking pointed questions so students can develop their own perspectives on the pros and cons of various policy instruments. Incorporating charts and graphics throughout the book for more engaging discussions and greater accessibility. The authors cover all the traditional course topics, including: the extent to which environmental law builds on the common law of torts the changing nature of regulatory programs, with separate chapters on the Clean Water And The Clean Air Acts They also incorporate new material on: emissions trading global climate change efforts to reduce automobile usage sustainable development biiodiversity protection environmental justice pollution prevention greater individual-consumer responsibility for environmental protection endangered species the tension between biodiversity protection And The protection of private property enforcement issues
This text is organised into six parts (1) introductory materials, which include significant historical economic and political perspectives, along with traditional common law influences which have shaped modern environmental policy (2) major constitutional challenges affecting environmental issues (3) the protection of endangered species (4) National Environmental Policy Act (5) federal pollution control regulation, and (6) federal regulation of toxic substances. This text was designed to address each of these important topics in a conventional study of environmental law by providing the fundamentals in each major substantive area. Those fundamentals typically include a blend of historical landmark cases with the most recent significant Supreme Court opinions. Also the principle regulatory policies and themes underlying each federal regulatory scheme are highlighted with attention to statutory topics receiving the most current attention in the courts.
