Aspen Publishing

Environmental Protection: Law and Policy, Eighth Edition

Robert L. Glicksman, David L. Markell, William W. Buzbee, Daniel R. Mandelker, Daniel Bodansky, Emily Hammond


  • ISBN: 9781454899617

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  • Description

    Environmental Protection: Law and Policy, widely respected for its intellectual breadth and depth, is an interdisciplinary and international overview of the fundamental issues of Environmental Law, incorporating history, theory, litigation, regulation, policy, science, economics, and ethics. It includes a complete introduction to the history of environmental protection; laws and regulations; regulatory design strategies; policy objectives; and analysis of constitutional federalism and related policy questions concerning the design and implementation of environmental protection programs. Coverage includes the major federal pollution control laws (the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA, and more); climate change (a chapter discussing important scientific, policy, and program design questions); natural resource management issues (two chapters focusing on the National Environmental Policy Act and the Endangered Species Act); and national forest management.

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  • Additional Product Details
    Publication Date: 2/1/2019
    Copyright: 2019
    Pages: 1272
    Paperback + Casebook Connect: 9781454899617
    Looseleaf + Casebook Connect: 9781543812343
    Digital Only Casebook Connect: 9781543812367
    Rental + Casebook Connect: 9781543812350

    Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes— portability, meaningful feedback, and greater efficiency.

    Detailed Table of Contents (PDF Download)
    Preface to the Eighth Edition

    Summary of Contents

    Preface to the Eighth Edition

    I. Environmental Law’s Foundations
    II. Environmental Federalism
    III. The Administrative Law of Environmental Protection
    IV. The National Environmental Policy Act
    V. Biodiversity Conservation
    VI. Protecting the Air Resource
    VII. Protecting the Water Resource
    VIII. Controlling Toxic Substances and Hazardous Wastes
    IX. Environmental Contamination Liability and Remediation
    X. Enforcement of Environmental Law
    XI. International Environmental Law
    XII. Climate Change Law and Policy Choices

    Table of Acronyms
    Table of Cases

  • Author Information

    Emily Hammond

    Emily Hammond’s expertise centers on administrative law, energy law, and environmental law. A former civil engineer who practiced in the environmental and water resources fields prior to attending law school, her research focuses on two themes: the various responses of legal institutions to scientific uncertainty and the relationship between procedural and substantive legitimacy. Her articles have appeared in the Duke Law Journal, the Columbia Law Review, the Michigan Law Review, and the Harvard Environmental Law Review, among others. She is a co-author of the nation’s leading energy law text, Energy, Economics, and the Environment, and the environmental law text Environmental Protection: Law and Policy, in addition to numerous book chapters and shorter works.

    A member scholar of the Center for Progressive Reform, Professor Hammond has also provided service to the International Atomic Energy Agency. She has served as a Hearing Examiner for the Oklahoma Water Resources Board, is an elected member of the American Law Institute, and is a member of the Executive Committee of the Association of American Law Schools’ Administrative Law Section. Professor Hammond was also honored as the 2014 Distinguished Young Environmental Scholar by the Stegner Center, University of Utah.

    Professor Hammond began her legal career as a law clerk to Judge Richard W. Story of the U.S. District Court for the Northern District of Georgia. Following her clerkship, she practiced law with Bondurant, Mixson & Elmore, LLP in Atlanta, Georgia. While with the firm, she worked on all aspects of civil litigation in cases ranging from complex business disputes to pro bono civil rights suits. She was previously a professor at Wake Forest School of Law and the University of Oklahoma College of Law, where she won numerous teaching awards while serving as Associate Dean for Academic Affairs and Associate Director of the Law Center. She has visited at the University of Texas, Florida State University, and the University of Georgia.

    Daniel Bodansky

    Daniel M. Bodansky is a preeminent authority on global climate change whose teaching and research focus on international environmental law and public international law. He teaches courses in international law and sustainability and is a key player in the College of Law’s new Program on Law and Sustainability.

    Prior to his arrival at the College of Law in 2010, Professor Bodansky was the Associate Dean for Faculty Development and Emily and Ernest Woodruff Chair in International Law at the University of Georgia School of Law. He has served as the climate change coordinator and attorney-advisor at the U.S. Department of State, in addition to consulting for the United Nations in the areas of climate change and tobacco control. Since 2001, Professor Bodansky has been a consultant and senior advisor on the &"Beyond Kyoto” and &"Pocantico Dialogue” projects at the Pew Center on Global Climate Change. He serves on the board of editors of the American Journal of International Law, is the U.S.-nominated arbitrator under the Antarctic Environmental Protocol, and is a member of the Council on Foreign Relations and the American Society of International Law. Awards include an International Affairs Fellowship from the Council of Foreign Relations, a Pew Faculty Fellowship in International Affairs, and a Jean Monnet Fellowship from the European University Institute.

    Professor Bodansky’s scholarship includes three books and dozens of articles and book chapters on international law, international environmental law and climate change policy.

    David L. Markell

    Recognized with several national scholarship awards, David Markell has published five books and more than forty articles and book chapters on a wide range of administrative law and environmental law topics, including climate change, compliance and enforcement, and North American environmental law and policy. One of his books received the ABA Section of Administrative Law and Regulatory Practice Award for Scholarship in 1995 and was cited as ''the most outstanding work of legal scholarship in the field'' published that year. Three of his articles have been selected among the best environmental and land use law review articles published since 2000.

    Professor Markell currently serves on EPA’s National Advisory Committee for the NAFTA Environmental Commission and on the Environmental Law Advisory Group for the Organization of American States Department of Sustainable Development. He is a member of Florida’s Statewide Community Resiliency Focus Group and its Building Resilience Against Climate Effects (BRACE) Technical Advisory Group.

    Professor Markell previously served as the first Director of the NAFTA Environmental Commission’s Submissions on Enforcement Matters Unit, as Acting Deputy Commissioner for the New York Department of Environmental Conservation’s Office of Environmental Remediation and as Director of DEC’s Division of Environmental Enforcement. He also was an attorney with the United States Department of Justice's Environmental Enforcement Section and with U.S. EPA Region 1. Professor Markell has been a mediator and expert witness and served as an External Advisor to the Government of Canada’s Office of the Auditor General.

    Professor Markell was Associate Dean for Academic Affairs at the College of Law for the 2007-2008 academic year and currently is the Associate Dean for Environmental Programs. Prior to joining the faculty at Florida State Law in 2002, Professor Markell was a professor at Albany Law School. He has been a visiting professor at the University of Virginia School of Law and at Lewis and Clark College of Law.

    William W. Buzbee

    William W. Buzbee is a professor of law at Georgetown University Law Center. In his teaching and scholarship, he specializes in environmental law, legislation and regulation, and administrative law. Recent publications focus on climate regulation, deregulation and law governing agency policy change, and federalism. He also offers seminars on advanced environmental, regulatory, and constitutional law subjects, with his most recent seminar focused on &"The Art of Regulatory War.”

    Professor Buzbee’s books include the recently published Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War that Transformed New York City (Cornell University Press 2014) and Preemption Choice: The Theory, Law and Reality of Federalism’s Core Question (Cambridge University Press, hardcover 2009, paperback 2011) (William W. Buzbee editor and contributor). He has been a co-author of the 5th , 6th, 7th and 8th editions of Environmental Protection: Law and Policy. Three of his articles have been named among the 10 best environmental or land use law articles of that year and republished in the Land Use and Environment Law Review. He regularly assists with appellate and Supreme Court environmental, federalism, and regulatory litigation, and also has testified before congressional committees on environmental and regulatory matters. He has published op-eds on regulatory and environmental issues with The New York Times, The Hill, CNN, and been quoted and interviewed by numerous press and media outlets.

    Professor Buzbee joined Georgetown from Emory Law School, where he was a professor of law and directed its Environmental and Natural Resources Law Program. He also co-directed Emory’s Center on Federalism and Intersystemic Governance. He has been a visiting professor of law at Columbia, Cornell and Illinois law schools. He has also served as a professor for the Leiden-Amsterdam-Columbia Law School Summer Program in American Law. Professor Buzbee is a founding Member Scholar of the Center for Progressive Reform, a Washington D.C.-based regulatory think tank. Professor Buzbee was awarded the 2007-2008 Emory Williams Teaching Award for excellence in teaching. Professor Buzbee clerked for United States Judge Jose A. Cabranes, and before becoming a professor was an attorney-fellow at the Natural Resources Defense Council, and did environmental, land use and litigation work for the New York City law firm, Patterson, Belknap, Webb & Tyler. JD, Columbia Law School, 1986; BA, Amherst College, magna cum laude, 1983.

    Robert L. Glicksman

    Professor Glicksman is a nationally and internationally recognized expert on environmental, natural resources, and administrative law issues. A graduate of the Cornell Law School, his areas of expertise include environmental, natural resources, administrative, and property law. Before joining the Law School faculty in 2009, Professor Glicksman taught at the University of Kansas School of Law, where he joined the faculty in 1982 and was named the holder of the Robert W. Wagstaff Distinguished Professor of Law in 1995. Professor Glicksman has practiced with law firms in DC and New Jersey before joining and while on leave from academia, focusing on environmental, energy, and administrative law issues. He has consulted on various environmental and natural resources law issues, including work for the Secretariat of the Commission for Environmental Cooperation in Montreal, Canada.

    Professor Glicksman has extensive publications in his areas of expertise. He is co-author of two law school casebooks, Environmental Protection: Law and Policy (6th ed. Aspen Publishers) and Administrative Law: Agency Action in Legal Context (Foundation Press); the four-volume treatise, Public Natural Resources Law (2d ed. Thomson/West); two monographs, Risk Regulation at Risk: A Pragmatic Approach, and Pollution Limits and Polluters’ Efforts to Comply: The Role of Government Monitoring and Enforcement, both published by Stanford University Press); and Modern Public Land Law in a Nutshell (3d ed. West). He has written numerous book chapters and articles on a variety of environmental and natural resources law topics, concentrating recently on topics such as climate change, federalism issues in environmental law, the challenges facing the federal land management agencies, and environmental enforcement. His articles have been published in law reviews and journals that include the Texas Law Review, Pennsylvania Law Review, the Northwestern University Law Review, the Duke Law Journal, the Vanderbilt Law Review, the Wake Forest Law Review, the Indiana Law Journal, the Stanford Environmental Law Journal, the Virginia Environmental Law Journal, and the Administrative Law Review.

    Professor Glicksman has been a member scholar for the Center for Progressive Reform since 2002 and a member of the Center’s Board of Directors since 2008.

    Daniel R. Mandelker

    Professor Daniel R. Mandelker is one of the nation’s leading scholars and teachers in land use law. He is the co-author of a widely-used casebook on land use law, now in its eighth edition, and the author of a comprehensive treatise on land use law, currently in its fifth edition. He also focuses on environmental law and state and local government law, co-authoring a casebook on state and local government law, in its seventh edition, and writing a popular treatise on National Environmental Protection Act (NEPA) law and litigation. A member of the College of Fellows of the American Institute of Certified Planners, Professor Mandelker has lectured at national and international conferences and serves on editorial boards. He is the past recipient of the ABA Section on State and Local Government’s Daniel J. Curtin Distinguished Lifetime Achievement Award. He has been a consultant to local, state, and federal governments and to foreign countries in his areas of expertise. He was the principal consultant and contributor to the American Planning Association’s model zoning and planning legislation project, was the principal consultant to a joint ABA committee that prepared a model law on land use procedures that was adopted by the House of Delegates, and was the principal author of comprehensive planning amendments to the New Orleans city charter.

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