This book examines the courts' interpretation of NEPA in its first three years, defeats and successes of citizens' actions in key cases, and implication of court rulings for the act's future effectiveness. Originally published in 1973
The National Environmental Policy Act (NEPA) introduced the environmental impact statement, transformed decision making by federal agencies, and spurred the growth of an extensive body of environmental law. This book takes a close look at the litigation of NEPA cases, including jurisdiction and related issues, standard and scope of judicial review, and the specific concerns of litigators. It identifies key NEPA issues and offers solutions to the challenges faced in practice, including climate change and its relationship to the NEPA process.
"The National Environmental Policy Act has grown more, not less, important in the decades since its enactment. No one knows more about NEPA than Lynton Caldwell. And no one has a clearer vision of its relevance to our future. Highly recommended." —David W. Orr, Oberlin College What has been achieved since the National Environmental Policy Act was passed in 1969? This book points out where and how NEPA has affected national environmental policy and where and why its intent has been frustrated. The roles of Congress, the President, and the courts in the implementation of NEPA are analyzed. Professor Caldwell also looks at the conflicted state of public opinion regarding the environment and conjectures as to what must be done in order to develop a coherent and sustained policy.
The passage of the National Environmental Policy Act (NEPA) in 1969 signaled a new era for American law, when both proponents and opponents of strict safeguards on the environment looked more and more to the courts to settle their disputes. Lettie M. Wenner examines the role of the federal judiciary in implementing environmental laws in the ten years after the passage of the NEPA. Her major focus is on the overall policy patterns that emerged from court decisions on environmental issues during this period, demonstrating the function of the courts as a public policy maker. The author concludes that, in general, the federal courts have proven to be more environmentally oriented when they have faced specific enforcement demands in the context of pollution control laws than when they have been asked to make broad policy decisions based on discretionary laws.
Environmental Policy and NEPA is a concise study of environmental policy-where we have come from, what we are facing and where we can go in the future. An outgrowth of initiatives taken by the Council of Environmental Quality (CEQ), and edited by the current Associate Director, this publication studies the effectiveness and efficiency of the implementation of the National Environmental Policy Act (NEPA). Divided into three main sections, part one covers the historical background and trends of NEPA. Part two addresses current substantive and conceptual issues associated with the environmental impact assessment (EIA) process. Part three discusses future opportunities including impact on humans, effective public participation in the EIA process and the need for sustainability. This excellent reference brings together 28 contributing authors who combine their expertise to address a multitude of topics. Environmental Policy and NEPA is mandatory reading for the professional, researcher, government policymaker, activist, student or anyone looking for a complete presentation of the EIA process.
This book examines the courts' interpretation of NEPA in its first three years, defeats and successes of citizens' actions in key cases, and implication of court rulings for the act's future effectiveness. Originally published in 1973
This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.
Amid all the laws and regulations on environmental protection and worker safety, what is the responsible business or landowner to do? What should the responsible consultant advise? Environmental Law and Enforcement provides you with a practical guide that takes the mystery out of environmental law and related land use controls. The author provides a synopsis of major environmental topics from A to Z and features citations to the major federal statutes in the United States Code (USC) and the Code of Federal Regulations (CFR) so you can easily find governing statutes and regulations. Special sections discuss the use of experts in case preparation and how to be an effective case witness. A checklist for compliance with the National Environmental Policy Act is included. The book covers strategies to cope with landowner liability for hazardous waste, consultant liability for mistakes in hazardous waste site assessments, and guidelines for emergency managers to minimize legal liability. The section on insurance liability provides practical approaches to dealing with insurance companies on hazardous waste claims. The successful organization will manage for environmental protection as a corporate goal, and consequently stays ahead of new government requirements-away from lawyers and lawsuits-and ahead of the competition. Environmental Law and Enforcement gives you the tools you need to achieve this mission.
The central concern of this book is the social intelligence that goes into environmental decisions. Not, what is the 'correct' balance when trade-offs must be made between environmental and economic values? But rather, how can the social thinking necessary for intelligent trade-offs be institutionalized? How, that is, can environmental impacts be recognized beforehand so that less costly trade-offs can be explored, relative risks assessed, and choices made in a manner acceptable to both the public and the government? This book evaluates the first ten years of the Environmental Impact Statement (EIS) process of the 1969 National Environmental Policy Act - in particular, how it has worked inside two federal agencies with important impacts on the environment, the Forest Service and the Army Corps of Engineers. It assesses how successful the EIS process has been in establishing a concern for environmental values in the federal bureaucracy, and how widely applicable the general impact statement approach is in other policy areas.