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Author: Michael S. Greve Publisher: American Enterprise Institute ISBN: 9780844739809 Category : Law Languages : en Pages : 168
Book Description
Michael S. Greve argues that environmental values no longer play a formative role in American law -- a sharp and recent change. Although ecological presumptions have some force, the author shows, the emerging legal doctrines are consistent with more efficient and sensible regulation. It would be a mistake, Greve cautions, to look to the judiciary for wholesale regulatory reform: such reform can come only from Congress.
Author: Michael S. Greve Publisher: American Enterprise Institute ISBN: 9780844739809 Category : Law Languages : en Pages : 168
Book Description
Michael S. Greve argues that environmental values no longer play a formative role in American law -- a sharp and recent change. Although ecological presumptions have some force, the author shows, the emerging legal doctrines are consistent with more efficient and sensible regulation. It would be a mistake, Greve cautions, to look to the judiciary for wholesale regulatory reform: such reform can come only from Congress.
Author: Karl Boyd Brooks Publisher: University Press of Kansas ISBN: 0700618937 Category : Law Languages : en Pages : 288
Book Description
Most Americans--even environmentalists--date the emergence of laws protecting nature to the early 1970s. But Karl Boyd Brooks shows that, far from being a product of that activist decade, American environmental law emerged well before the first Earth Day, often in unexpected places far from Capitol Hill. Surveying the landscape from the end of World War II to Earth Day 1970, Brooks traces a dramatic shift in Americans' relationship to the environment and the emergence of new environmental statutes. He takes readers into legislative hearing rooms, lawyers' conferences, and administrators' offices to describe how Americans forged a new body of law that reflected their hopes for rescuing the land from air pollution, deforestation, and other potential threats. For while previous law had treated nature as a commodity, more and more Americans had come to see it as a national treasure worth preserving. Brooks explores the way key features of the New Deal's legal legacy influenced environmental law. This path-breaking environmental history examines how cultural, intellectual, and economic changes in postwar America brought about new solutions to environmental problems that threatened public health and degraded natural aesthetics. Visiting riverbanks and freeways, duck blinds and airsheds, Before Earth Day reveals the new strategies and efforts by which the unceasing process of legal change created environmental law. And through real-world examples-how Los Angelenos pressed cases about water and air quality, how an Idaho lawyer helped clients pursue new environmental regulations, how citizens challenged government and corporate plans to dam rivers-Brooks demonstrates that key changes in property, procedure, contract, and other legal rules in those early years stimulated the national environmental laws to come. Gracefully written and meticulously researched, Brooks's work dramatically updates our understanding of the origins of environmental law. By taking the postwar years more seriously, he shows that earlier actions across the country played a central role in shaping the structure and goals of well-known federal laws passed during the "environmental decade" of the seventies. Before Earth Day describes nothing less than an entirely new way of thinking, as environmental law emerged from local jurisdictions to reshape national agendas, firing the popular imagination and only then remodeling law school curricula. A long-needed corrective to standard political and legal history, it demonstrates both the longstanding environmental concerns of Americans and the resilience of law.
Author: Jedediah Purdy Publisher: Harvard University Press ISBN: 0674368223 Category : History Languages : en Pages : 337
Book Description
An Artforum Best Book of the Year A Legal Theory Bookworm Book of the Year Nature no longer exists apart from humanity. Henceforth, the world we will inhabit is the one we have made. Geologists have called this new planetary epoch the Anthropocene, the Age of Humans. The geological strata we are now creating record industrial emissions, industrial-scale crop pollens, and the disappearance of species driven to extinction. Climate change is planetary engineering without design. These facts of the Anthropocene are scientific, but its shape and meaning are questions for politics—a politics that does not yet exist. After Nature develops a politics for this post-natural world. “After Nature argues that we will deserve the future only because it will be the one we made. We will live, or die, by our mistakes.” —Christine Smallwood, Harper’s “Dazzling...Purdy hopes that climate change might spur yet another change in how we think about the natural world, but he insists that such a shift will be inescapably political... For a relatively slim volume, this book distills an incredible amount of scholarship—about Americans’ changing attitudes toward the natural world, and about how those attitudes might change in the future.” —Ross Andersen, The Atlantic
Author: Michael Allan Wolf Publisher: Environmental Law Institute ISBN: 1585760935 Category : Law Languages : en Pages : 387
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: J. Michael Martinez Publisher: CRC Press ISBN: 1466559705 Category : Law Languages : en Pages : 435
Book Description
Protecting the natural environment and promoting sustainability have become important objectives, but achieving such goals presents myriad challenges for even the most committed environmentalist. American Environmentalism: Philosophy, History, and Public Policy examines whether competing interests can be reconciled while developing consistent, coherent, effective public policy to regulate uses and protection of the natural environment without destroying the national economy. It then reviews a range of possible solutions. The book delves into key normative concepts that undergird American perspectives on nature by providing an overview of philosophical concepts found in the western intellectual tradition, the presuppositions inherent in neoclassical economics, and anthropocentric (human-centered) and biocentric (earth-centered) positions on sustainability. It traces the evolution of attitudes about nature from the time of the Ancient Greeks through Europeans in the Middle Ages and the Renaissance, the Enlightenment and the American Founders, the nineteenth and twentieth centuries, and up to the present. Building on this foundation, the author examines the political landscape as non-governmental organizations (NGOs), industry leaders, and government officials struggle to balance industrial development with environmental concerns. Outrageous claims, silly misrepresentations, bogus arguments, absurd contentions, and overblown prophesies of impending calamities are bandied about by many parties on all sides of the debate—industry spokespeople, elected representatives, unelected regulators, concerned citizens, and environmental NGOs alike. In lieu of descending into this morass, the author circumvents the silliness to explore the crucial issues through a more focused, disciplined approach. Rather than engage in acrimonious debate over minutiae, as so often occurs in the context of "green" claims, he recasts the issue in a way that provides a cohesive look at all sides. This effort may be quixotic, but how else to cut the Gordian knot?
Author: William Robert Irvin Publisher: American Bar Association ISBN: 9781604425802 Category : Endangered species Languages : en Pages : 484
Book Description
"As Secretary of the Interior, implementing the Endangered Species Act was one of my most important, and challenging, responsibilities. All who deal with this complex and critical law need a clear and comprehensive guide to its provisions, interpretation, and implementation. With chapters written by some of the foremost practitioners in the field, the new edition of Endangered Species Act: Law, Policy, and Perspectives is an essential reference for conservationists and the regulated community and the attorneys who represent them."---Bruce Babbbitt, former Secretary of the Interior --
Author: Fritjof Capra Publisher: Berrett-Koehler Publishers ISBN: 1626562083 Category : Law Languages : en Pages : 285
Book Description
Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly
Author: Arden Rowell Publisher: University of California Press ISBN: 0520295234 Category : Law Languages : en Pages : 275
Book Description
Written by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters include summaries of key concepts, discussion questions, and a glossary of terms, as well as informative "spotlights"—brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Law is a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this book with its companion, A Guide to EU Environmental Law, allows for a comparative look at how two of the most important jurisdictions in the world deal with key environmental problems.
Author: Michael S. Greve
Author: Michael S. Greve
Author: Lynn L. Bergeson
Author: Karl Boyd Brooks
Author: Ted Nordhaus
Author: Jedediah Purdy
Author: Michael Allan Wolf
Author: J. Michael Martinez
Author: William Robert Irvin
Author: Fritjof Capra
Author: Arden Rowell