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Author: Roger E. Meiners
Publisher: Rowman & Littlefield
ISBN: 9780847697090
Category : Law
Languages : en
Pages : 300
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Book Description
Since 1970, when the Clean Air Act was passed and the Environmental Protection Agency was created, the primary means for addressing environmental problems in the U.S. has been through comprehensive federal statutes and detailed regulations. Evaluating almost three decades of experience with the Clean Air Act, Superfund, the Clean Water Act, the Endangered Species Act, and other major federal environmental statutes, the contributors to this volume question the effectiveness and impact of the legal regime that created these regulations. While most studies of environmental policy paint a picture of improvement through government initiatives, these essays argue the contrary. Pointing to Cleveland's burning river, the death of Lake Erie, smog in Los Angeles, and Love Canal, the contributors demonstrate that command-and-control regulation of the environment has not delivered the great improvements in environmental quality as promised. The Common Law and the Environment offers principles for a new approach to protecting the environment and looks to evidence of the successes of alternative legal systems to address significant problems.
Author: Roger E. Meiners
Publisher: Rowman & Littlefield
ISBN: 9780847697090
Category : Law
Languages : en
Pages : 300
Get Book Here
Book Description
Since 1970, when the Clean Air Act was passed and the Environmental Protection Agency was created, the primary means for addressing environmental problems in the U.S. has been through comprehensive federal statutes and detailed regulations. Evaluating almost three decades of experience with the Clean Air Act, Superfund, the Clean Water Act, the Endangered Species Act, and other major federal environmental statutes, the contributors to this volume question the effectiveness and impact of the legal regime that created these regulations. While most studies of environmental policy paint a picture of improvement through government initiatives, these essays argue the contrary. Pointing to Cleveland's burning river, the death of Lake Erie, smog in Los Angeles, and Love Canal, the contributors demonstrate that command-and-control regulation of the environment has not delivered the great improvements in environmental quality as promised. The Common Law and the Environment offers principles for a new approach to protecting the environment and looks to evidence of the successes of alternative legal systems to address significant problems.
Author: Richard J. Lazarus
Publisher: University of Chicago Press
ISBN: 0226470644
Category : Law
Languages : en
Pages : 335
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Book Description
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.
Author: James May
Publisher:
ISBN: 9781312338661
Category :
Languages : en
Pages : 0
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Book Description
The need for environmental protection is all around: air and water pollution; severe weather; sea level rise; loss of species, wetlands, glaciers and biodiversity; water and food shortages; disease and pandemics; and food and water insecurity. It's also close at hand: the water from the tap; the local air quality index; local land use and development; flooding and storm damage. There are also constant reminders, as young people demand, and future generations deserve, continued vigilance in the face of environmental challenges and the climate crisis. Modern Environmental Law is a current casebook that examines signature federal, state, international and global laws, including common law and public trust, the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, the Clean Air Act, climate change, environmental rights, water rights, international environmental law, and environmental justice. The contents are torn from the headlines, including recent decisions from the 2021-2022 and 2022-23 Terms of the United States Supreme Court (e.g., West Virginia v. EPA; Sackett v. EPA, etc.). The casebook also integrates many related concepts, including separation of powers, federalism and individual rights, and interacts with other areas of law, including constitutional law, administrative law, property and civil procedure, and land use law.
Author: Pierre-Marie Dupuy
Publisher: Cambridge University Press
ISBN: 1108423604
Category : Law
Languages : en
Pages : 597
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Book Description
A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.
Author: Maria Lee
Publisher: Hart Publishing
ISBN: 9781841134109
Category : Law
Languages : en
Pages : 0
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Book Description
Contemporary environmental regulation is having to adapt to significant challenges. These challenges come from all directions, including the quest for economic efficiency, popular mistrust of experts and frequent observation of poor practical results. At EU level, criticisms of regulatory activity are accentuated by the significant questions that surround the legitimacy of certain EU institutions and processes. EU Environmental Law examines a range of substantive EU environmental laws and policies and considers far-reaching endeavors to improve environmental regulation.
Author: Ronald J. Rychlak
Publisher:
ISBN: 9780314605108
Category : Environmental law
Languages : en
Pages : 234
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Book Description
Author: Richard J. Lazarus
Publisher: University of Chicago Press
ISBN: 022669559X
Category : Law
Languages : en
Pages : 462
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Book Description
An updated and passionate second edition of a foundational book. How did environmental law first emerge in the United States? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular? Since its first edition, The Making of Environmental Law has been foundational to our understanding of these questions. For the second edition, Richard J. Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, Lazarus provides a theoretical overview of the challenges that environmental protection poses for lawmaking, related to both the distinctive features of US lawmaking institutions and the spatial and temporal dimensions of ecological change. The book explains why environmental law emerged in the manner and form that it did in the 1970s and traces how it developed over sequent decades through key laws and controversies. New chapters, composing more than half of the second edition, examine a host of recent developments. These include how Congress dropped out of environmental lawmaking in the early twenty-first century; the shifting role of the judiciary; long-overdue efforts to provide environmental justice to disadvantaged communities; and the destabilization of environmental law that has resulted from the election of Presidents with dramatically clashing environmental policies. As the nation’s partisan divide has grown deeper and the challenge of climate change has dramatically raised the perceived stakes for opposing interests, environmental law is facing its greatest challenges yet. This book is essential reading for understanding where we have been and what challenges and opportunities lie ahead.
Author: Nicolas de Sadeleer
Publisher: Oxford University Press
ISBN: 0192582674
Category : Law
Languages : en
Pages : 593
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Book Description
This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.
Author: Steven Ferrey
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 664
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Book Description
In addition to the wide range of quality textbooks specially created for paralegal programs, Aspen Law & Business also offers a number of law school resources that you may find suitable for use in your course area.Each book in this popular series offers a winning combination of text, examples, and explanations as it guides students to a more thorough understanding of the subject at hand.
Author: Elizabeth Fisher
Publisher: Oxford University Press
ISBN: 0192512625
Category : Law
Languages : en
Pages : 169
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Book Description
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.
