Environmental Law and Policy Nature, Law, and Society, Fifth Edition

Zygmunt Plater, Robert Abrams, Robert Graham, Esq., Lisa Heinzerling, David Wirth, Noah Hall

$313.00

ISBN: 9781454868408

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Description
Environmental Law & Policy: Nature, Law & Society is a coursebook designed to access the law of environmental protection through a “taxonomic” approach, exploring the range of legal structures and legal methodologies of the field—rather than simply designing it according to air, water, toxics, etc. as subject media (which often results in duplicative legal coverage). All the major subject areas of pollution and resource conservation are covered, but they are covered according to the legal approaches they represent.
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The book is “Saxist,” because it originally arose and continues to carry on themes from the teaching, guidance, and writings of the late Joseph Sax, the eminent pioneer of the environment law field who emphasized the interaction between common law and public law statutory structures, and introduced the public trust doctrine as a thread undergirding and running through the entire field of environmental law.

Key Features:
- Includes teaching analysis of the completely-revised Toxics Substances Control Act by co-author Robert Graham, Esq. of Jenner & Block who is advising corporate clients on the new law.
- Coverage of the Dec 2015 Paris COP-21 climate agreement in its several different aspects, incorporating analysis by coauthor Prof David Wirth who played an active role in international preparations for the Paris accord.
- Expanded material on carbon pricing, until recently widely thought to be a politically impossible alternative avenue for mitigation of global climate disruption.
- Tracking major recent revisions in toxic substance regulation, with essential comparisons to the current European model of market access chemical regulation.
- An updated guide through the complexities of tensions between private property rights and environmental protections, and an innovative clarification of recent Supreme Court caselaw.
- An innovative chapter on official “planning”— a basic and problematic element of environmental governance, whether at the local level or national public lands level.

Details

Page Count	1120
Published	06/20/2016

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Detailed Table of Contents (PDF Download)

Summary of Contents

Table of Contents
Introduction

Part One: Basic Themes in Environmental Law
Chapter 1. Basic Themes in Environmentalism
Chapter 2. Cross-Cutting Themes in Environmental Law
Part Two: The Enduring Role of the Common Law in Environmental Protection
Chapter 3. The Common Law in Modern Environmental Law
Chapter 4. The Special Challenges of Toxic Tort Litigation
Part Three: The Structural Elements of the Regulatory State
Chapter 5. An Overview of Environmental Regulation in the United States
Chapter 6. The Administrative Law of Environmental Law and Administrative Agency Process
Chapter 7. Sovereignty in the Environmental Law Context
Part Four: A Taxonomy of Legal Approaches to Environmental Protection
Chapter 8. Federal Agency Disclosure: NEPA’s Stop-and-Think Logic, and the Power of Information
Chapter 9. Public Planning as a Management Tool: Governmental Oversight of Private & Public Resource Use, and the Challenge of Adaptive Management
Chapter 10. Roadblock Statutory Strategies & the Endangered Species Act: Stark Prohibitions and Their Viability
Chapter 11. From Harm-Based Standards to Tech-Based Standards: The Clean Air Act
Chapter 12. Technology-Based Standard Setting: The Clean Water Act
Chapter 13. Using Cost-Benefit Analysis in Agency Rulemakings & Review of Regulations
Chapter 14. Market-Enlisting Strategies: Achieving Environmental Protection Through Pollution Trading and Other Economic Incentives
Chapter 15. Front-End Strategies: Market Entry Controls, Pollution Prevention, Toxic Use Reduction
Chapter 16. Remedial Liability Regulatory Strategies: CERCLA
Chapter 17. Lifecycle Regulatory Strategies: RCRA
Part Five: Overarching Legal Perspectives
Chapter 18: Evolving Patterns of Enforcement and Compliance
Chapter 19: Environmental Criminal Law
Chapter 20: Public Environmental Rights and Duties: The Public Trust Doctrine
Chapter 21: Private Property and Public Rights: Constitutional Limits on Physical and Regulatory Takings
Chapter 22: International and Comparative Environmental Law

Afterword
Reference Materials
Acknowledgment of Permissions to Reprint
Glossary of Acronyms
Table of Cases
Table of Authorities — Books, Articles, Monographs, etc.
Table of Authorities — Statutes, Regulations, Treaties,
Constitutional Provisions, etc.
Statutory Capsule Appendix
Index
Author Information

Robert H. Abrams

Robert H. &"Bo” Abrams currently is Professor of Law at Florida A & M University, College of Law. Previously he served on the law faculty at Wayne State University for 27 years during which time he also taught frequently at the University of Michigan Law School and School of Natural Resources & Environment. He is an expert in both Water Law and Environmental Law. In addition to his work on Environmental Law and Policy: Nature, Law, and Society, he is co-author of Legal Control of Water Resources (with Joseph Sax, Barton Thompson, Jr., and John Leshy, 5th ed. 2012). Professor Abrams is a past Chair of the ABA Water Resources Committee and is serving as a Vice Chair of that committee. Professor Abrams is an elected life member of the American Law Institute and has been inducted into the August Order of Water Buffalo. Professor Abrams attended both Stanford Law School and the University of Michigan Law School, earning his J.D. from the latter in 1973.

David A. Wirth

David A. Wirth is Professor of Law at Boston College Law School in Newton, Massachusetts, where he teaches primarily in the field of public international law, with a specialty in international environmental law. Professor Wirth began his career as Attorney-Adviser for Oceans and International Environmental and Scientific Affairs in the Office of the Legal Adviser of the U.S. Department of State in Washington, D.C., where he had principal responsibility for all international environmental issues. Prior to entering academia, Professor Wirth was Senior Attorney and Co-Director of the International Program at the Washington, D.C. office of the Natural Resources Defense Council (NRDC), a nonprofit public interest law firm specializing in environmental issues. Professor Wirth is a 1981 graduate of the Yale Law School and served as law clerk to Judge William H. Timbers of U.S. Court of Appeals for the Second Circuit in New York for a year thereafter. He holds undergraduate and graduate degrees in chemistry from, respectively, Princeton and Harvard Universities. Professor Wirth has served on advisory boards to Vermont Law School, the Environmental Protection Agency and the European Bank for Reconstruction and Development. He has been a consultant to the United Nations Development Program, the United Nations Environment Program, the North American Commission for Environmental Cooperation, the C.S. Mott Foundation, the German Marshall Fund of the United States, and the Belgian State Secretary for Energy and Sustainable Development. He has been awarded two Fulbright Fellowships, to the Higher School of Economics in Moscow and to the Organization for Security and Cooperation in Europe. Professor Wirth is the author of more than five dozen books, articles, monographs, and reports on international environmental law and policy for legal, academic, professional, and popular audiences. He is a life member of the Council on Foreign Relations.

Lisa Heinzerling

Lisa Heinzerling is Professor of Law at the Georgetown University Law Center. She received an A.B. from Princeton University and a J.D. from the University of Chicago Law School, where she was editor-in-chief of the Law Review. She clerked for Judge Richard A. Posner on the United States Court of Appeals for the Seventh Circuit and for Justice William J. Brennan, Jr. on the United States Supreme Court. She served as an assistant attorney general in Massachusetts, specializing in environmental law, before becoming a faculty member at Georgetown. She has been a visiting professor at the Yale and Harvard Law Schools. In 2003 she won the faculty teaching award at Georgetown. Professor Heinzerling is also a member-scholar of the Center for Progressive Reform, a think tank dedicated to making the positive case for health, safety, and environmental protection. Her book, written with Frank Ackerman and entitled Priceless: On Knowing the Price of Everything and the Value of Nothing, was published by The New Press in February 2004. Most recently, Professor Heinzerling was the primary author for petitioners in Massachusetts v. EPA, in which the Supreme Court held that the Clean Air Act grants the EPA authority to regulate greenhouse gases. More information regarding Professor Heinzerling and her publications are available at http://www.law.georgetown.edu/faculty/Heinzerling/.

Noah D. Hall

Noah D. Hall is a law professor at Wayne State University Law School in Detroit, Michigan specializing in environmental and water law. In addition to co-authoring Environmental Law and Policy: Nature, Law, and Society, he is also the co-author of Modern Water Law: Private Property, Public Rights, and Environmental Protection. His journal articles include &"Political Externalities, Federalism, and a Proposal for an Interstate Environmental Impact Assessment Policy” (Harvard Environmental Law Review), &"Protecting Freshwater Resources in the Era of Global Water Markets: Lessons Learned from Bottled Water” (Water Law Review), and &"Toward a New Horizontal Federalism: Interstate Water Management in the Great Lakes Region” (Colorado Law Review). He writes the popular Great Lakes Law blog, www.greatlakeslaw.org. Professor Hall graduated from the University of Michigan Law School and the University of Michigan School of Natural Resources and Environment, concentrating in environmental policy. He previously served as the founding Executive Director of the Great Lakes Environmental Law Center and has extensive litigation experience and numerous published decisions in state and federal courts. Most recently, he was appointed Special Assistant Attorney General for the State of Michigan for the Flint water crisis.

Zygmunt J.B. Plater

Zygmunt J.B. Plater is Professor of Law at Boston College Law School, teaching and researching in the areas of environmental, property, land use, and administrative agency law. Over the past years he has been involved with a number of issues of environmental protection and land use regulation, including service as petitioner and lead counsel in the extended endangered species litigation over the Tennessee Valley Authority's Tellico Dam, representing the endangered snail darter, farmers, Cherokee Indians, and environmentalists in the Supreme Court of the United States, federal agencies, and congressional hearings. See: The Snail Darter & the Dam (Yale U. Press), the travels of a tiny endangered fish through the corridors of American power; goo.gl/ecQ158. Among other initiatives he has been: Chairman of the State of Alaska Oil Spill Commission’s Legal Task Force over a two-year period after the wreck of the M/V Exxon-Valdez; consultant to plaintiffs in the Woburn toxic litigation, Anderson et al. v. W.R. Grace et al., the subject of the book and movie A Civil Action; coordinator of multiple research memoranda submitted to the presidential commission on the BP Deepwater Horizon oil blowout. Professor Plater has taught on seven law faculties. While teaching public law for three years at the national university of Ethiopia, he redrafted the laws protecting parks and refuges, assisted in publication of the Consolidated Laws of Ethiopia, and helped organize the first United Nations Conference on Individual Rights in Africa. He earned his A.B. from Princeton University, his J.D. from Yale University, and his LL.M. and S.J.D. from the University of Michigan.

Robert L. Graham

Robert L. Graham is a partner at Jenner & Block LLP in Chicago. He is the founder of the firm’s Environmental, Energy and Natural Resources Law Practice and a former Managing Partner of the firm. Mr. Graham is a nationally recognized authority in environmental, health, safety, natural resources, and energy matters, including disputes involving the National Environmental Policy Act, Superfund, the Resource Conservation and Recovery Act, the Endangered Species Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, natural resource damages, and toxic torts. He has handled numerous civil and criminal cases nationwide involving those types of claims for over 30 years. Mr. Graham has served as a member of the Board of the Environmental Law Institute, the Environmental Law and Policy Center (&"ELPC”), and the Lawyers Committee for Civil Rights Under Law. He is also one of the founders of ELPC, the leading Midwest environmental public interest law center. He has lectured on matters of environmental concern at numerous conferences and seminars, served as editor of Illinois Environmental Laws and Regulations, and written extensively on environmental law issues. He also has more than a decade of experience teaching environmental law at both Northwestern University School of Law and Loyola University School of Law. Mr. Graham attained his B.A. from the University of Michigan and his J.D. from the Harvard Law School. More information regarding Mr. Graham is available at http://www.jenner.com/people/bio.asp?id=113.
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Supplementary Materials by Chapter

Introduction

Chapter 1 - Basic Themes in Environmentalism

Chapter 2 - Cross-Cutting Themes in Environmental Law

Chapter 3 - The Common Law in Modern Environmental Law

Chapter 4 - The Special Challenges of Toxic Tort Litigation

Chapter 5 - An Overview of Environmental Regulation

Chapter 6 - The Administrative Law of Environmental Law

Chapter 7 – Sovereignty in the Environmental Law Context

Chapter 8 - Disclosure Statutes—NEPA

Chapter 9 - Public Planning as a Management Tool

Chapter 10 - Roadblocks-Endangered Species Act

Chapter 11- Harm-Based Regulation: The Clean Air Act

Chapter 12 - Tech-Based Regulation: The Clean Water Act

Chapter 13 - Using Cost-Benefit Analysis in Agency Rulemakings

Chapter 14 - Market-Enlisting Strategies

Chapter 15 - Overhaul of ToSCA

Chapter 16 – Remedial Liability Regulatory Strategies: CERCLA

Chapter 17 - Lifecycle Regulatory Strategies: RCRA

Chapter 18 - Evolving Patterns of Enforcement and Compliance

Chapter 19 - Environmental Criminal Law

Chapter 20 - Rights & Duties: The Public Trust Doctrine

Chapter 21 - Private Property and Public Rights

Chapter 22 - International and Comparative Environmental Law