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Author: Michael Allan Wolf
Publisher: Environmental Law Institute
ISBN: 1585760935
Category : Law
Languages : en
Pages : 387
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Book Description
Over the last 30 years, we have made great progress in curbing the most obvious pollution largely due to effective enforcement of federal and state environmental statutes. Now, however, there is increasing skepticism of the efficiency and even the constitutionality of our bedrock environmental laws from all branches of the federal government, including the courts. This book is the result of lively debate at the conference Alternative Grounds: Defending the Environment in an Unwelcome Judicial Climate, held on November 11, 2004, and co-sponsored by the University of Florida's Levin College of Law and the Environmental Law Institute. Topics ranged from U.S. Supreme Court trends in environmental law jurisprudence, to innovative federal and state constitutional and statutory arguments that defend environmental protections, to federal provisions most vulnerable to attack on federalism, takings, and separation-of-powers grounds. This thought-provoking and insightful collection of essays provides smart, realistic solutions to the profound and complex legal challenges facing defenders of our environmental protections. With contributions by: Richard J. Lazarus, Sean H. Donahue, Paul Boudreaux, William W. Buzbee, Robert L. Glicksman, Alyson C. Flournoy, Christopher H. Schroeder, Douglas T. Kendall, Susan George, J.B. Ruhl, Donald W. Stever, and Mary Jane Angelo.
Author: Michael Allan Wolf
Publisher: Environmental Law Institute
ISBN: 1585760935
Category : Law
Languages : en
Pages : 387
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Book Description
Over the last 30 years, we have made great progress in curbing the most obvious pollution largely due to effective enforcement of federal and state environmental statutes. Now, however, there is increasing skepticism of the efficiency and even the constitutionality of our bedrock environmental laws from all branches of the federal government, including the courts. This book is the result of lively debate at the conference Alternative Grounds: Defending the Environment in an Unwelcome Judicial Climate, held on November 11, 2004, and co-sponsored by the University of Florida's Levin College of Law and the Environmental Law Institute. Topics ranged from U.S. Supreme Court trends in environmental law jurisprudence, to innovative federal and state constitutional and statutory arguments that defend environmental protections, to federal provisions most vulnerable to attack on federalism, takings, and separation-of-powers grounds. This thought-provoking and insightful collection of essays provides smart, realistic solutions to the profound and complex legal challenges facing defenders of our environmental protections. With contributions by: Richard J. Lazarus, Sean H. Donahue, Paul Boudreaux, William W. Buzbee, Robert L. Glicksman, Alyson C. Flournoy, Christopher H. Schroeder, Douglas T. Kendall, Susan George, J.B. Ruhl, Donald W. Stever, and Mary Jane Angelo.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Commercial and Administrative Law
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 152
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Book Description
Author: Mary Jane Angelo
Publisher: Routledge
ISBN: 1317026179
Category : Law
Languages : en
Pages : 365
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Book Description
Although concerns over the ecological impacts of pesticides gave rise to the environmental movement of the late 1960s and 1970s, since that time, pesticide use and its effects have been largely ignored by the law and by legal scholars. This book addresses this omission by providing a unique and serious treatment of the significance of pesticide issues in environmental law and takes an ecological perspective on the legal issues. Dealing with a wide range of questions relating to pests and pesticides, the book focuses primarily on agricultural pesticide use as the largest contaminator in the US. It also examines the legacy of past pesticide use and analyzes how recent developments in ecological science can inform the law and increase our understanding of ecology. Interdisciplinary in its approach, the book will be of interest to academics, lawyers, scientists and environmental and agricultural professionals.
Author: Melvin I. Urofsky
Publisher: CQ Press
ISBN: 1452267286
Category : Political Science
Languages : en
Pages : 689
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Book Description
The recent dramatic shift in makeup of the U.S. Supreme Court has led to great interest in the rulings and legal opinions of its justices. Now, CQ Press brings you a comprehensive volume that analyzes the lives and legal philosophies of all past and present justices of the Court. Biographical Encyclopedia of the Supreme Court includes signed essays profiling the men and women who have served and are serving on the U.S. Supreme Court. This one-of-a-kind reference includes not only important biographical information, but also in-depth details of the legal contributions made by the men and women of the nation's highest bench. Keeping up with the recent changes to the Court, this volume includes all current justices. New essays profile Chief Justice John Roberts and Justice Samuel Alito. Justices are arranged in an easy-to-use alphabetical format. Each essay is prefaced with key biographical information for each justice such as: Birth and death dates Date of nomination to the Court The name of president who nominated the justice The date he or she was seated Date range of service on the Court Within each essay, written by a top legal expert, scholar, or journalist, Biographical Encyclopedia of the Supreme Court provides facts and context along with analysis of the opinions and legal philosophies for each justice. This new volume is an updated edition of The Supreme Court Justices: A Biographical Dictionary (1994). It will prove a valuable resource for academic, community college, law school, and public libraries.
Author: Cary R. Perlman
Publisher: American Bar Association
ISBN: 9781604423679
Category : Law
Languages : en
Pages : 630
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Book Description
The scope of what qualifies as environmental litigation is huge, while at the same time, this area is growing rapidly as a result of evolving issues such as climate change litigation. The authors examine the most critical issues in specialized litigation, including global climate change, litigating government enforcement matters in both the civil and criminal context, citizen-suit actions, toxic tort and pesticide litigation, natural resources damages claims, and insurance as a source of recovery.
Author: Gary Wickham
Publisher: Routledge
ISBN: 1136028560
Category : Law
Languages : en
Pages : 192
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Book Description
The environment has not always been protected by law. It was not until the middle of the 20th century that ‘the environment’ came to be understood as an entity in need of special care, and the law-politics duo firmly fixed its focus on this issue. In this book Wickham and Goodie tell the story of how law and politics first came upon the environment as an object in need of special attention. They outline the unlikely intersection of aesthetics and science that made ‘the environment’ into the matter of great concern it is today. The book describes the way private common-law strategies and public-law legislative strategies have approached the task of protecting the environment, and explore the greatest environmental challenge to have so far confronted environmental law and politics; the threat of global climate change. The book offers descriptions of many of the strategies being deployed to meet this challenge and present some troubling assessments of them. The book will be of great interest to students, teachers, and researchers of environmental law, socio-legal studies, environmental studies, and political theory.
Author: Christina Voigt
Publisher: Cambridge University Press
ISBN: 1108497179
Category : Law
Languages : en
Pages : 505
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Book Description
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
Author: Miriam Haritz
Publisher: Kluwer Law International B.V.
ISBN: 9041142703
Category : Law
Languages : en
Pages : 488
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Book Description
There is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities—implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance—demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures. This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage. In the process of responding to its fundamental question, the analysis explores such further questions as the following: What is the role of the precautionary principle in resolving uncertainty in scientific risk assessment when faced with inconclusive evidence, and how does it affect decision-making, particularly in the regulatory choices concerning climate change? To this end, what is the concrete content of the precautionary principle? How does liability law generally handle scientific uncertainty? What different types of liability exist, and how are they equipped to handle a climate change liability claim? What type of liability is best suited for precautionary measures or a lack thereof? Can the application of the precautionary principle make a difference to the outcomes of climate change liability claims? In order to draw conclusions concerning the legal uncertainties posed by climate change, the author draws examples from national legislations representative of the various legal systems, as well as from existing treaties. General rules and obligations relevant to climate change liability are examined, and a selection of actual legal cases from around the world concerning climate change, be it actual liability claims or litigation indirectly relevant to a claim, is also presented. As an overview of the different legal challenges created by climate change liability, this book is without peer. The practical meaning and impact of these findings for lawyers (whether corporate or activist), for regulators and policymakers, and for decision-makers in governmental bodies and private companies is immeasurable.
Author: Robert L. Glicksman
Publisher: Aspen Publishing
ISBN: 1543857833
Category : Law
Languages : en
Pages : 1072
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Book Description
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Environmental Protection: Law and Policy, respected for its intellectual breadth and depth, is an interdisciplinary overview of Environmental Law, incorporating history, theory, litigation, regulation, policy, science, economics, and ethics. It covers the history of environmental protection; policy objectives; regulatory design strategies; and constitutional federalism?and related statutory interpretation issues concerning the design and implementation of the environmental laws. Coverage also includes the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA, and other pollution control statutes; a chapter on climate change?that discusses scientific, policy, program design, and statutory authority questions; and natural resource management issues (including the National Environmental Policy Act, the Endangered Species Act, and limited coverage of national forest management). New to the 9th Edition: New co-author Alejandro Camacho, a leading scholar on natural resources and public land law Ch.1: New materials on the Flint, Michigan battles over lead contamination of the municipal water system Ch.2: Discussion of regulatory and judicial skirmishes resulting from policy differences among the Obama, Trump, and Biden administrations Ch.3: Changes, driven by the Supreme Court, to areas such as standard of judicial review (including the Courts endorsement of the major questions doctrine) and potential changes to entrenched law in areas such as the nondelegation doctrine Ch.4: Council on Environmental Qualitys overhaul of its 1978 NEPA regulations under the Trump administration and the Biden CEQs phased revision of those regulations; Food and Water Watch v. FERC; Sierra Club v. EPA Ch.5: Discussion of recent research and scholarship on biodiversity loss, the Trump administrations efforts to restrict the scope of the Endangered Species Act, and the Biden administrations attempts to reverse or revise these changes; recent developments on listing, critical habitat, federal agency consultation, taking prohibitions, and incidental takings Ch.6: Updated references to air pollution science Ch.7: Updates on ongoing litigation involving the waters of the United States definition in the Clean Water Act Ch.8: EPAs efforts to implement 2016 amendments to the Toxic Substances Control Act; League of United Latin American Citizens v. Regan Ch.9: New case law under CERCLA; discussion of the treatment in the Restatement (Third) Torts of joint and several liability Ch.10: Streamlined coverage of environmental enforcement process Ch.11: Updated coverage of climate change law, policy, and science to reflect opposed regulatory responses to climate change by the Trump and Biden administrations; West Virginia v. EPA Online environmental justice supplement Streamlined note material Benefits for instructors and students: Thorough, nuanced treatment of existing laws, regulations, and cases, regulatory design strategies, and current and developing policy objectives Interdisciplinary approach incorporating science, economics, and ethics Coverage of major federal pollution control, environmental assessment, and species protection laws Charts and graphics Exercises and problems Distinguished author team with extensive practical, scholarly, and teaching experience
Author: Colleen Murphy
Publisher: Springer
ISBN: 3319775448
Category : Science
Languages : en
Pages : 271
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Book Description
Responding to a need for a deeper and more nuanced understanding of the consequences of climate change, this book brings experts in climate science, engineering, urban planning, and conservation biology into conversation with scholars in law, geography, anthropology and ethics. It provides insights into how climate change is conceptualized in different fields. The book also aims to contribute to developing successful and multifaceted strategies that promote global, intergenerational and environmental justice. Among the topics addressed are the effects of climate change on the likelihood and magnitude of natural hazards, an assessment of civil infrastructure vulnerabilities, resilience assessment for coastal communities, an ethical framework to evaluate behavior that contributes to climate change, as well as policies and cultural shifts that might help humanity to respond adequately to climate change.
