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Author: Richard J. Lazarus Publisher: University of Chicago Press ISBN: 0226470644 Category : Law Languages : en Pages : 335
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: Richard J. Lazarus Publisher: University of Chicago Press ISBN: 0226470644 Category : Law Languages : en Pages : 335
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: Lesley McAllister Publisher: Stanford University Press ISBN: 0804758239 Category : Law Languages : en Pages : 288
Book Description
Making Law Matter presents the first book-length treatment of an innovative prosecutorial institution, the Brazilian Ministrio Publico, which refashioned itself in the 1980s into a powerful defender of citizen rights in environmental protection, as well as in other areas of public interest such as disability rights, consumer protection, and anti-corruption.
Author: Dionysia-Theodora Avgerinopoulou Publisher: Springer Nature ISBN: 3030214176 Category : Law Languages : en Pages : 419
Book Description
The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future.
Author: Richard J. Lazarus Publisher: Belknap Press ISBN: 0674238125 Category : Law Languages : en Pages : 369
Book Description
A renowned Supreme Court advocate tells the inside story of Massachusetts v. EPA, the landmark case that made it possible for the EPA to regulate greenhouse gasses--from the Bush administration's fierce opposition, to the internecine conflicts among the petitioners, to the razor-thin 5-4 victory.
Author: Nancy E. Marion Publisher: Bloomsbury Publishing USA ISBN: 031339363X Category : Science Languages : en Pages : 376
Book Description
From Eisenhower to Obama, this book provides a comprehensive analysis of the policies Congress and the president have proposed and passed to protect the environment over time. The U.S. federal government first began to consider legislation to protect the environment and natural resources in 1940s. Since that time, Congress and the president have considered and passed numerous environmental policies—laws that serve to protect the quality of the air we breathe, the water we drink, the natural beauty of the land, and the animals that live both on land and in the water. In Making Environmental Law: The Politics of Protecting the Earth, experienced and accomplished environmental law researcher Nancy E. Marion shows what policies Congress have proposed and passed to protect the environment over time. Each chapter focuses on the members of Congress's response to a different environmental concern, such as ocean dumping, pesticides, and solid waste. With "green" awareness now affecting every aspect of our modern world, this text serves as an invaluable reference for students and researchers who need a deeper historical background on the political aspects of these issues.
Author: Richard J. Lazarus Publisher: University of Chicago Press ISBN: 022669559X Category : Law Languages : en Pages : 462
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: Tim Jewell Publisher: Oxford University Press ISBN: 9780198260776 Category : Law Languages : en Pages : 338
Book Description
This collection of essays adopts a distinctive approach to environmental legal issues. The contributors represent a variety of specialisations, ranging from public law to international law and international relations. Some essays are written from within a UK domestic law perspective, butothers adopt a broadly comparative, supra-national or international approach.The contributors do not assume that problems and solutions in 'environmental law' should be perceived as wholly distinct from the preoccupations of existing legal specialisms. New and proposed legal responses inevitably build on or employ established legal techniques, rather than startingcompletely afresh. The contributors do however, regard environmental problems as posing or at least illuminating significant challenges to received patterns of legal thought. In the light of this, the contributors therefore investigate aspects of law's influnce in environmental decision-making, andconsider whether legal institutions and forms of thought can respond adequately to the challenge of environmental change.
Author: Jerry Linn Anderson Publisher: ISBN: 9781531005313 Category : Environmental law Languages : en Pages : 0
Book Description
Adopted at dozens of law schools, this book is a valuable resource for imparting practical skills. Authors Anderson, Hirsch, Sachs, and Tormey have drawn on their wide experience as environmental law professors and practitioners to develop realistic exercises that teach the craft of environmental lawyering. Readers will learn how to bring a federal enforcement action against a polluter; negotiate a Superfund settlement; prepare documents and strategy for a citizen's suit; counsel a corporation on environmental compliance; navigate the issues that arise in government agency litigation (e.g., limits on discovery, standards of review); comment on EPA rule making; and handle environmental issues that arise in permitting a complex real estate development, as well as many other relevant skills. Updated and expanded, the fourth edition of Environmental Law Practice is comprehensive in scope. It contains problems and exercises under each of the major environmental statutes. In addition, it places readers in the three key roles played by environmental lawyers--government attorney, corporate counsel, and public interest advocate--and provides practice pointers for each of these types of work. The book makes extensive use of original documents such as statutes, the Code of Federal Regulations (CFR), regulatory preambles, and agency guidance, exposing students to the materials that environmental lawyers use most. This book covers the most significant areas of environmental practice: compliance, enforcement, litigation, permitting, and policy. It gives in-depth treatment of substantive environmental law areas such as the Clean Air Act, Clean Water Act, CERCLA, RCRA, EPCRA, NEPA, and citizen suits. It incorporates current developments in environmental law, such as recent Supreme Court and circuit court cases. Of the many books on environmental law, Environmental Law Practice is the one to use to develop the skills to become a practice-ready environmental attorney.
Author: Jeffrey G. Miller Publisher: Environmental Law Institute ISBN: 1585761257 Category : Law Languages : en Pages : 985
Book Description
The study of water pollution control regulation is a study of statutes and their administration. This casebook explores water pollution and the federal statute chiefly designed to control it, the Clean Water Act, and examines how water pollution is addressed, first by the common law and then by statute. An introduction provides the student with an understanding of what constitutes water pollution, where it originates, and how it can be controlled. These materials were originally designed for the introductory course in environmental regulation/environmental law at Pace Law School. A Teachers Manual includes exercises that teach students advanced legal research, familiarity with administrative law mechanisms, and the ability to integrate what they have learned about the Clean Water Act.
Author: Nicholas Askounes Ashford Publisher: MIT Press ISBN: 0262012383 Category : Environmental law Languages : en Pages : 1125
Book Description
The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.
Author: Richard J. Lazarus
Author: Richard J. Lazarus
Author: Lesley McAllister
Author: Dionysia-Theodora Avgerinopoulou
Author: Richard J. Lazarus
Author: Nancy E. Marion
Author: Richard J. Lazarus
Author: Tim Jewell
Author: Jerry Linn Anderson
Author: Jeffrey G. Miller
Author: Nicholas Askounes Ashford