Environmental Law: Examples and Explanations

Environmental Law: Examples and Explanations
ISBN-10
1567065341
ISBN-13
9781567065343
Series
Environmental Law
Category
Law / Environmental
Pages
525
Language
English
Published
1997
Publisher
Aspen Law & Business
Author
Steven Ferrey

Description

This paperback reference in our renowned Examples & Explanations Series helps students navigate the maze of acts, regulations, and topics that characterize environmental law courses today. The 13 chapters of ENVIRONMENTAL LAW: Examples and Explanations are divided into four parts that correspond To The major casebooks: -Decision-making and litigation -Air and water pollution regulation -Toxic substances -Regulation of resources and their uses Within each chapter, material is divided by statute -- rather than by concept -- for rapid retrieval. In the characteristic style of the Examples & Explanations Series, Ferrey introduces a topic by way of a real-life example, then explains it in context. Some of the many subjects he reviews include: -NEPA -Clean Water Act -regulation of wetlands -regulation of wastes -Superfund -RCRA -CERCLA -energy/utility regulation ENVIRONMENTAL LAW: Examples and Explanations shows students both sides of the issues - advising the private polluter And The governmental regulators. Be sure to recommend this dependable paperback, and list it on your book requisition. Table of Contents Contents Preface Acknowledgements Chapter 1: Environmental Standards, Markets, And The Common Law The Concept of Environmental Regulation - Ethics and Efficiency: The Moral Basis of Pollution Control - the EPA and Its Authority to Permit and Enforce - Setting the Standard for Emissions To The Environment - Tools and Techniques of Environmental Protection Common Law Environmental Remedies - Key Distinctions - Nuisance - Trespass - Negligence - Strict Liability - Public Trust Doctrine - the Availability of Criminal Sanctions Chapter 2: Administrative Procedure for Environmental Regulation Where the Action Is - Drawing the Line: The Nondelegation Doctrine - Staying Within the Tent: The Ultra Vires Doctrine The Administrative Procedure Act - Types of Agency Actions - the Process and Judicial Review - Standards of Judicial Review Remedies and Fees - Federal Tort Claims Act - Equal Access to Justice Act - Public Access to Information Chapter 3: The National Environmental Policy Act The Structure of NEPA The EIS Process - the Administrative Process - the Threshold Decision - Judicial Review Under NEPA Timing and Scope of the EIS - When: Timing of the EIS - Who, What, and Where: Scope of the EIS - When Again: The Supplemental EIS Adequacy of the EIS: Analysis and Alternatives - Analysis of Sufficient Environmental Impacts - Treatment of Alternatives - Mitigation Measures - Judicial Review of Adequacy: Substance vs. Procedure - Exemptions from NEPA - International Environmental Effects Chapter 4: Constitutional Issues: The Commerce Clause and Environmental Preemption The Commerce Clause and Environmental Regulation - Issue One: The Plenary Power of Congress to Regulate Interstate Commerce Issue Two: Restriction of State Power - the Dormant Commerce Clause Federal Preemption of State Environmental Regulation - Express Preemption - Implied Preemption - Savings Clauses in Environmental Statutes Chapter 5: Air Quality Regulation The Basics of Air Pollution Regulation - Sources of Air Pollution - Air Pollution Regulation Prior to 1970 - the Clean Air Act Amendments of 1970 The Clean Air Act Amendments of 1977 - the Concept of Nonattainment: Geographic Standards The Clean Air Act Amendments of 1990 - Attainment and Maintenance of NAAQS: Title I - Regulating Mobile Sources: Title II - Hazardous Air Pollutants (NESHAPs): Title III - Acid Deposition Control: Title IV - Stratospheric Ozone Protection: Title VI - Enforcement Provisions: Title VII Chapter 6: Water Pollution The Importance of Water

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