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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: Lynn L. Bergeson
Publisher: Environmental Law Institute
ISBN: 1585761109
Category : Law
Languages : en
Pages : 449
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Book Description
Publisher Description
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: John Lowry
Publisher: Bloomsbury Publishing
ISBN: 1847310850
Category : Law
Languages : en
Pages : 300
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Book Description
Within the broad framework of the common law of tort,the torts of nuisance and the rule in Rylands v. Fletcher are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the inter-relationship between private law sphere of tort and public regulatory schemes. The contributors to this volume of essays include many of the UK's leading academics in the relevant fields of private and public law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Environmental common law litigation has reemerged in recent years as a powerful second pathway alongside statutory avenues for practitioners, communities, and governments to seek redress to environmental wrongs. Creative Common Law Strategies for Protecting the Environment vividly illustrates that "environmental common law" has never been more alive, and perhaps more needed for meeting complex environmental challenges, than it is today. This book provides an overview of the major common law remedies, and describes the limits of using statutory remedies under environmental citizen suit provisions. The authors describe their experiences in bringing cutting-edge public nuisance actions against car manufacturers and large power producers because of their greenhouse gas emissions; successful products liability actions against the manufacturers of PERC and MTBE for groundwater contamination; path-breaking litigation filed by public entities against the lead paint industry; lawsuits under the public trust doctrine and other common law doctrines to protect water, fish, and wildlife . . . and much more.
Author: Steven J. Eagle
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 86
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Book Description
Author: Elizabeth Brubaker
Publisher: Routledge
ISBN: 0429535236
Category : Business & Economics
Languages : en
Pages : 362
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Book Description
First published in 1995. In this study, the author provides a lively and accessible account of the failure of the legal regime to protect the environment. Elizabeth Brubaker explores how legal reliance on property rights has been useful in opposing pollution of land and water. This title will be of interest to students of Environmental Studies, as well as to all those interest in a more secure future for the environment.
Author: Kegan A. Brown
Publisher:
ISBN: 9781641053662
Category : Environmental law
Languages : en
Pages :
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Book Description
Author: Winston Anderson
Publisher:
ISBN: 9781585761579
Category : Environmental law
Languages : en
Pages : 0
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Book Description
"Describes the basic rules governing the environment in the jurisdictions of the 15-member states of the Caribbean Community with a particular emphasis on those in the British Commonwealth. This one-of-a-kind coursebook explores relationships between the environment and traditional legal subjects, such as international and constitutional law, contracts, torts, and trusts; and undertakes a detailed examination of such specific topics as town and country planning, environmental impact assessments, pollution regulation, management of wastes, protection of endangered species and habitats, and coastal zone management. Justice Anderson provides a detailed analysis of the relationship between international trade and environmental protection. He also demonstrates how international law is the primary driver of domestic regulation and illustrates its influence on municipal law. This book reflects the policy aspirations of the Caribbean people toward the environment"--Page [4] of cover.
Author: T. Anderson
Publisher: Springer
ISBN: 0312299737
Category : Science
Languages : en
Pages : 243
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Book Description
The original edition of this seminal book, published in 1991, introduced the concept of using markets and property rights to protect and improve environmental quality. Since publication, the ideas in this book have been adopted not only by conservative circles but by a wide range of environmental groups. To mention a few examples, Defenders of Wildlife applies the tenets of free market environmentalism to its wolf compensation program; World Wildlife Federation has successfully launched the CAMPFIRE program in southern Africa to reward native villagers who conserve elephants; and the Oregon Water Trust uses water markets to purchase or lease water for salmon and steelhead habitats. This revised edition updates the successful applications of free market environmentalism and adds two new chapters.
Author:
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 454
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Book Description
