Author: Erin Ryan
Publisher: Oxford University Press, USA
ISBN: 0199737983
Category : Law
Languages : en
Pages : 429
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Book Description
As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Author: Dennis C. Cory
Publisher: Edward Elgar Publishing
ISBN: 1781001405
Category : Political Science
Languages : en
Pages : 223
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Book Description
Within the United States, minority and low-income communities currently bear a disproportionate amount of risk associated with pollution and other harmful environmental practices. The environmental justice movement is working to change this fact, promoting the fair and non-discriminatory treatment of all people with respect to environmental issues, policies, and regulations. This fascinating and timely volume explores the relationship between environmental justice and the government, offering a comprehensive introduction to the legal, economic, and philosophical concerns involved in pursuing environmental justice goals within a federalist system. The authors discuss two case studies in their investigation of the complex interactions between environmental justice and government. These analyses offer a comprehensive view of both the siting and regulation of polluting activities, as well as a discussion of the effects on major natural resources such as clean air and drinking water. In each case, the authors both describe current government responses to the problem and offer specific recommendations regarding what actions should be taken in the future. This authoritative book will make an invaluable addition to courses in environmental law and policy. Professionals and policymakers working in disciplines such as law, economics, environmental science, philosophy and political science will also find this a comprehensive and critical reference.
Author: Douglas T. Kendall
Publisher: Environmental Law Institute
ISBN: 1585760862
Category : Central-local government relations
Languages : en
Pages : 175
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Book Description
If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
Author: Barry G. Rabe
Publisher: Rowman & Littlefield
ISBN: 0815796358
Category : Political Science
Languages : en
Pages : 232
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Book Description
No environmental issue triggers such feelings of hopelessness as global climate change. Many areas of the world, including regions of the United States, have experienced a wide range of unusually dramatic weather events recently. Much climate change analysis forecasts horrors of biblical proportions, such as massive floods, habitat loss, species loss, and epidemics related to warmer weather. Such accounts of impending disaster have helped trigger extreme reactions, wherein some observers simply dismiss global climate change as, at the very worst, a minor inconvenience requiring modest adaptation. It is perhaps no surprise, therefore, that an American federal government known for institutional gridlock has accomplished virtually nothing in this area in the last decade. Policy inertia is not the story of this book, however. Statehouse and Greenhouse examines the surprising evolution of state-level government policies on global climate change. Environmental policy analyst Barry Rabe details a diverse set of innovative cases, offering detailed analysis of state-level policies designed to combat global warming. The book explains why state innovation in global climate change has been relatively vigorous and why it has drawn so little attention thus far. Rabe draws larger potential lessons from this recent flurry of American experience. Statehouse and Greenhouse helps to move debate over global climate change from bombast to the realm of what is politically and technically feasible.
Author: Clifford Rechtschaffen
Publisher:
ISBN: 9781594605956
Category : Environmental justice
Languages : en
Pages : 0
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Book Description
Environmental justice is a significant and dynamic contemporary development in environmental law. Rechtschaffen, Gauna and new coauthor O'Neill provide an accessible compilation of interdisciplinary materials for studying environmental justice, interspersed with extensive notes, questions, and a teacher's manual with practice exercises designed to facilitate classroom discussion. It integrates excerpts from empirical studies, cases, agency decisions, informal agency guidance, law reviews, and other academic literature, as well as community-generated documents. This second edition includes new chapters addressing climate change, international environmental justice, and a capstone case study. It also adds expanded coverage of risk and the public health, empirical environmental justice research, and environmental justice for American Indian peoples.
Author: Tomas M. Koontz
Publisher: Georgetown University Press
ISBN: 9781589013223
Category : Political Science
Languages : en
Pages : 252
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Book Description
A love for nature and the forest drew Tomas Koontz to develop a keen interest in the workings of public forest management and forest policy. Beyond policy, however, this book is also about the very human issues of federalism, decentralization of control over public lands, citizen participation, and how agency policies, both state and federal, are formulated and exercised. Federalism in the Forest is the first book to examine and compare public policy performance across both state and national levels, explaining why state agencies excel at economic outputs and profitability, the management of land with state income in mind-while national agencies are stronger in citizen participation and the inarguably important role of environmental protection. Instead of focusing on historical development of federal-state roles or on state officials as affected by national polices, Koontz shows how officials, when given authority, both make and implement policy at the state versus the national level. Although arguments fly about the decentralization of public lands-most often based on ideology-Koontz offers empirical evidence that demonstrates not only that devolution matters, but how.
Author: Paul Nolette
Publisher: University Press of Kansas
ISBN: 0700620893
Category : Political Science
Languages : en
Pages : 296
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Book Description
“It is one of the happy incidents of the federal system,” Justice Louis Brandeis wrote in 1932, “that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” It is one of the features of federalism in our day, Paul Nolette counters, that these “laboratories of democracy,” under the guidance of state attorneys general, are more apt to be dictating national policy than conducting contained experiments. In Federalism on Trial, Nolette presents the first broadscale examination of the increasingly nationalized political activism of state attorneys general. Focusing on coordinated state litigation as a form of national policymaking, his book challenges common assumptions about the contemporary nature of American federalism. In the tobacco litigation of the 1990s, a number of state attorneys general managed to reshape one of America’s largest industries—all without the involvement of Congress or the executive branch. This instance of prosecution as a form of regulation is just one case among many in the larger story of American state development. Federalism on Trial shows how new social policy regimes of the 1960s and 1970s—adopting national objectives such as cleaner air, wider access to health care, and greater consumer protections—promoted both “adversarial legalism” and new forms of “cooperative federalism” that enhanced the powers and possibilities open to state attorneys general. Nolette traces this trend—as AGs took advantage of these new circumstances and opportunities—through case studies involving drug pricing, environmental policy, and health care reform. The result is the first full account—far-reaching and finely detailed—of how, rather than checking national power or creating productive dialogue between federal and state policymakers, the federalism exercised by state attorneys general frequently complicates national regulatory regimes and seeks both greater policy centralization and a more extensive reach of the American regulatory state.
Author: Sheldon Kamieniecki
Publisher: Oxford University Press
ISBN: 019974467X
Category : Business & Economics
Languages : en
Pages : 783
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Book Description
Prior to the Nixon administration, environmental policy in the United States was rudimentary at best. Since then, it has evolved into one of the primary concerns of governmental policy from the federal to the local level. As scientific expertise on the environment rapidly developed, Americans became more aware of the growing environmental crisis that surrounded them. Practical solutions for mitigating various aspects of the crisis - air pollution, water pollution, chemical waste dumping, strip mining, and later global warming - became politically popular, and the government responded by gradually erecting a vast regulatory apparatus to address the issue. Today, politicians regard environmental policy as one of the most pressing issues they face. The Obama administration has identified the renewable energy sector as a key driver of economic growth, and Congress is in the process of passing a bill to reduce global warming that will be one of the most important environmental policy acts in decades. The Oxford Handbook of U.S. Environmental Policy will be a state-of-the-art work on all aspects of environmental policy in America. Over the past half century, America has been the world's leading emitter of global warming gases. However, environmental policy is not simply a national issue. It is a global issue, and the explosive growth of Asian countries like China and India mean that policy will have to be coordinated at the international level. The book will therefore focus not only on the U.S., but on the increasing importance of global policies and issues on American regulatory efforts. This is a topic that will only grow in importance in the coming years, and this will serve as an authoritative guide to any scholar interested in the issue.
Author: A. James Barnes
Publisher: Rowman & Littlefield
ISBN: 1538147130
Category : Nature
Languages : en
Pages : 671
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Book Description
In conjunction with the 50th anniversary of the creation of the Environmental Protection Agency, this book brings together leading scholars and EPA veterans to provide a comprehensive assessment of the agency’s key decisions and actions in the various areas of its responsibility. Themes across all chapters include the role of rulemaking, negotiation/compromise, partisan polarization, judicial impacts, relations with the White House and Congress, public opinion, interest group pressures, environmental enforcement, environmental justice, risk assessment, and interagency conflict. As no other book on the market currently discusses EPA with this focus or scope, the authors have set out to provide a comprehensive analysis of the agency’s rich 50-year history for academics, students, professional, and the environmental community.
Author: Ronald Sandler
Publisher: MIT Press
ISBN: 0262195526
Category : Environmental justice
Languages : en
Pages : 369
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Book Description
In ten essays, contributors from a variety of disciplines consider such topics as the relationship between the two movements' ethical commitments and activist goals, instances of successful cooperation in U.S. contexts, and the challenges posed to both movements by globalisation and climate change.
