Environmental and Natural Resources Law / Edition 2

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Overview

Taken in its expansive sense, "environmental and natural resources law" encompasses pollution control law, energy allocation and conservation law, species and habitat protection, common law property rights, and a host of other areas. Often, this massive body of legal material is divided into two courses, the Environmental Law course dealing primarily with pollution control and the Natural Resources course covering the remainder. This casebook combines the two areas.

As a survey course, the expansion of subject matter coverage allows the student a fuller understanding of the "playing field" and the generic issues that arise across this wide spectrum of material. The wider coverage, moreover, should suit both students who want a once-through general understanding of this area of the law as well as those seeking a foundation for more intense future study.

Environmental and Natural Resources Law is divided into three parts:

•   First, the book presents "foundational" material, which includes information on common law remedies, federalism issues, and a bit of the history of the environmental movement that has led to the current network of legal controls.

•   Next, the book covers natural resources law, including the National Environmental Policy Act, the Endangered Species Act, and the public trust doctrine. Also included is optional coverage of federal lands and water rights.

•   Finally, the book surveys pollution control and remediation, discussing the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the "Superfund" law (CERCLA) in successive chapters.

Environmental and Natural Resources Law concentrates on the mechanics of regulatory programs so that students may learn how to read and understand complex statutes, why regulatory initiatives have come into being, and how the various regulatory programs are structured.

The Fourth edition of Environmental and Natural Resources Law has the following updates:
•   Survey coverage of both environmental law and natural resources law
•   Update on the domestic law of climate change
•   Emphasis on structure of regulation: federalism; statutory and common law; role of administrative agencies
•   Program-by-program coverage
•   Historical information about the environmental movement
•   Emphasis on developing students' abilities to work with complex statutes

This eBook features links to Lexis Advance for further legal research options.

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Editorial Reviews

From The Critics
In a textbook combining material pertinent to environmental law—primarily pollution control—and natural resources law, Pearson (Creighton U. School of Law) provides some theory, perspective, and a survey of foundational materials (e.g. the environmental movement's impact on legal controls, common law and Constitutional considerations for resolving environmental disputes). Coverage includes deep treatment of the Clean Air Act, the Clean Water Act, the Resource Conservation & Recovery Act, and the "Superfund Law"; and aspects of US natural resources law such as the National Environmental Policy Act, federal land management, and the Endangered Species Act. Includes a table of cases. Annotation c. Book News, Inc., Portland, OR
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Product Details

  • ISBN-13: 9780820562414
  • Publisher: LexisNexis Matthew Bender
  • Publication date: 1/28/2005
  • Edition description: REV
  • Edition number: 2
  • Product dimensions: 7.70 (w) x 10.30 (h) x 1.40 (d)

Table of Contents

Preface v
Note on Administrative Law vii
Chapter 1 Introduction 1
A. Background 1
Lobsenz, Washington News (UPI) 3
B. Some Theory And Perspective 5
Coase, The Problem Of Social Cost 6
Hardin, The Tragedy Of The Commons 7
Gore, Earth in the Balance, Ecology and the Human Spirit 12
Easterbrook, A Moment on the Earth, the Coming Age of Environmental Optimism 13
Chapter 2 Common Law Considerations 15
A. Introduction 15
B. Property Law: The Law of Waste 15
C. Tort Law: The Law of Strict Liability, Negligence, Trespass, and Nuisance 16
Morgan v. High Penn Oil Co. 17
Weinhold v. Wolff 21
A Note on Reserve Mining Co. v. Herbst 32
D. Conservation and Preservation Servitudes 34
Chapter 3 Constitutional Considerations 37
A. Introduction 37
B. Enumerated and Sovereign Powers 38
Garcia v. San Antonio Metropolitan Transit Authority 38
Gibbs v. Babbitt 41
C. Considerations of Federalism 57
1. The Tenth Amendment 57
New York v. United States 57
2. Preemption 72
Feikema v. Texaco, Inc. 72
3. Dormant Commerce Clause 81
C & A Carbone, Inc. v. Town of Clarkstown, New York 81
Sporhase v. Nebraska 91
D. Rights of Individuals 102
1. Eminent Domain 102
Hawaii Housing Authority v. Midkiff 102
2. The Takings Clause 109
a. Total Takings 113
Lucas v. South Carolina Coastal Council 113
Loveladies Harbor, Inc. v. United States 122
b. Less Than Total Takings 124
Penn Central Transportation Co. v. New York City 124
Chapter 4 The National Environmental Policy Act 137
A. Introduction 137
Twentieth Annual Report of the Council of Environmental Quality 137
Calvert Cliffs' Coordinating Committee, Inc. v. U.S. Atomic Energy Commission 141
NEPA at 19: A Primer on an 'Old' Law with Solutions to 'New' Problems 152
B. Exceptions to Applicability 155
C. Whether to Prepare an Environmental Impact Statement ("EIS") 157
National Parks & Conservation Association v. Babbitt 159
Sierra Club v. United States Forest Service 174
D. Environmental Impact Statements 178
1. The Role of EISs in Decisionmaking 178
Robertson v. Methow Valley Citizens Council 179
2. EIS Content and Availability Requirements 190
A Note on Environmental Justice 195
A Note on NEPA [section] 102(1) 198
Chapter 5 Federal Lands 201
A. Introduction 201
B. Historical Background 202
1. Acquisition of the Public Lands 202
2. Phases of Federal Land Policy 203
a. Alienation of the Public Lands 204
b. Retention and Management 209
Clawson, Uncle Sam's Acres 209
C. Power over Federal Land 211
1. Constitutional Authority 211
Kleppe v. New Mexico 212
2. Power to Withdraw and Reserve Federal Lands 218
United States v. Midwest Oil Co. 219
3. Federal Reserved Water Rights 227
Cappaert v. United States 227
4. Indian Reserved Rights 236
Winters v. United States 236
5. The Wilderness Act of 1964 239
Stupak-Thrall v. United States 241
D. Federal Land Management 246
1. Managing Agencies 246
2. Management Regimes 248
a. Mineral lands 248
i. The General Mining Act of 1872 249
United States v. Coleman 251
A Note on the Federal Land Policy and Management Act 258
Federal Land Policy and Management Act of 1976 258
ii. The Mineral Leasing Act of 1920 262
iii. The Outer Continental Shelf Lands Act 264
b. Timber Lands 266
Sierra Club v. Peterson 269
c. Grazing lands 277
Public Lands Council v. Babbitt 279
d. Recreation and Wildlife lands 293
i. National Park System 293
a. National Parks 293
b. National Monuments 294
c. Other Federal Lands 296
Alternative Land Designations in The National Park System 296
ii. National Wildlife Refuges 298
Chapter 6 The Public Trust Doctrine 301
A. Introduction 301
B. Illinois Central 302
Illinois Central Railroad v. Illinois 302
C. The Public Trust Doctrine in State Law 310
National Audubon Society v. Superior Court of Alpine County 311
Chapter 7 Endangered Species Act 321
A. Introduction 321
Sheldon, Overview of Wildlife Law 322
B. Section 4 330
1. The Listing Process 330
Southwest Center for Biological Diversity v. Babbitt 331
Defenders of Wildlife v. Babbitt 336
2. Designation of Critical Habitat 343
Natural Resources Defense Council v. U. S. Department of Interior 344
New Mexico Cattle Growers v. U.S. Fish and Wildlife Service 350
C. Section 7 356
Tennessee Valley Authority v. Hill 357
D. Section 9 374
Babbitt v. Sweet Home Chapter of Communities for a Great Oregon 374
E. Statutory Flexibility Initiatives 384
Loggerhead Turtle v. County Council of Volusia County, Florida 386
F. Administrative Flexibility Initiatives 396
A Note on the Animal Welfare and Animal Rights Movements 398
Chapter 8 Water Rights 399
A. Introduction 399
B. Surface Waters 401
1. Riparianism 401
2. Prior Appropriation 403
Irwin v. Phillips 403
A Note on Diffuse Waters 407
C. Groundwater 407
D. Federal Water Rights 408
1. Federal Legislation and Water Projects 408
California v. Federal Energy Regulatory Commission 409
2. The Navigational Servitude 413
United States v. Cherokee Nation of Oklahoma 413
A Note on Interstate Allocation 418
Chapter 9 The Clean Air Act 421
A. Introduction 421
B. The 1970 Act 423
1. Regulation of Criteria Pollutants 423
a. National Ambient Air Quality Standards 423
Lead Industries Ass'n, Inc. v. U.S. Environmental Protection Agency 427
Whitman v. American Trucking Assn's 431
Ruckelshaus, Risk, Science and Democracy 435
b. Emissions Limitations 439
2. New Source Performance Standards 443
a. Applicability 443
Potomac Electric Power Co. v. U.S. Environmental Protection Agency 443
b. Operation 450
Lignite Energy Council v. U.S. Environmental Protection Agency 451
3. Hazardous Air Pollutants 454
C. The 1977 Amendments 456
1. Nonattainment 457
Southwestern Pennsylvania Growth Alliance v. Browner 457
2. Prevention of Significant Deterioration 469
Alabama Power Company v. Costle 470
Wisconsin Electric Power Company v. Reilly 475
A Note on Emissions Trading 488
EPA Emissions Trading Policy Statement 488
D. The 1990 Amendments 492
1. National Ambient Air Quality Standards 492
2. Hazardous Air Pollutants 493
Cement Kiln Recycling Coalition v. U.S. Environmental Protection Agency 494
3. Acid Deposition Control 507
Senate Report No. 101-228, 101[superscript st] Cong. 2d Sess. 507
4. Permits 511
5. Stratospheric Ozone Protection 512
A Note on Global Warming 513
Chapter 10 The Clean Water Act 519
A. Introduction 519
B. Issues of Applicability 523
Washington Wilderness Coalition v. Hecla Mining Co. 523
C. Point Source Regulation 529
1. Effluent Limitations 529
Reynolds Metals Company v. U.S. Environmental Protection Agency 532
a. Best Practicable Technology (BPT) 542
Weyerhaeuser Co. v. Costle 542
b. Best Available Technology (BAT) 546
Kennecott v. U.S. Environmental Protection Agency 546
c. Water Quality Standards 556
Natural Resources Defense Council v. U.S. Environmental Protection Agency 557
2. Section 401: Certification 563
American Rivers, Inc. v. Federal Energy Regulatory Comm'n 563
PUD No. 1 of Jefferson County and City of Tacoma v. Washington Department of Ecology 568
3. The National Pollution Discharge Elimination 577
Atlantic States Legal Foundation v. Eastman Kodak Co. 577
American Forest and Paper Association v. U.S. Environmental Protection Agency 582
D. Total Maximum Daily Loads 586
Pronsolino v. U.S. Environmental Protection Agency 589
E. Wetlands Protection 608
United States v. Riverside Bayview Homes, Inc. 610
Solid Waste Agency v. U.S. Army Corps of Engineers 618
United States v. Brace 626
National Mining Association v. U.S. Army Corps of Engineers 634
Chapter 11 Resource Conservation and Recovery Act 645
A. Introduction 645
American Mining Congress v. U.S. Environmental Protection Agency ("AMC I") 646
B. Subchapter IV-Solid Waste Regulation 653
C. Subchapter III-Hazardous Waste Regulation 655
1. Applicability 655
Mobil Oil Corp. v. U.S. Environmental Protection Agency 655
2. Regulatory Structure 658
3. Hazardous and Solid Waste Amendments of 1984 661
a. Land Disposal Restrictions 661
Columbia Falls Aluminum Company v. U.S. Environmental Protection Agency 663
Chemical Waste Management, Inc. v. U.S. Environmental Protection Agency 670
b. Corrective Action 679
c. Underground Storage Tanks 681
D. Federal and State Relations in Enforcement 684
Harmon Industries, Inc. v. Browner 685
Chapter 12 The Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") 697
A. Introduction 697
Environmental Protection Agency, National Priorities List for Uncontrolled Hazardous Waste Sites 703
United States v. Alcan Aluminum Corp. 709
B. Personal Liability 714
1. Prima Facie Liability 714
a. Owners and Operators 714
Commander Oil Corp. v. Barlo Equipment Corp. 714
A Note on Passive Migration 722
United States v. Gurley 725
United States v. Bestfoods 731
A Note on the Special Case of Lenders 742
b. Arrangers 743
Catellus Dev. Corp. v. United States 743
c. Transporters 749
United States v. Western Processing Co. 749
2. Defenses 751
Westwood Pharmaceuticals, Inc. v. National Fuel Gas Distrib. Corp. 752
C. Issues of Liability and Damages 759
Bedford Affiliates v. Sills 759
Bell Petroleum Services, Inc. v. U.S. Environmental Protection Agency 769
United States v. R.W. Meyer, Inc. 779
D. Natural Resources Damages 783
A Note on CERCLA and Comprehensive General Liability Insurance 786
A Note on CERCLA Reforms 787
E. RCRA and CERCLA 787
United States v. Rohm and Haas Co. 788
Appendix 1 Table of Acronyms 1
Appendix 2 Canons of Statutory Interpretation 7
Table of Cases 1
Index 1
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