Environmental Law and Policy: The Essentials

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Overview

Offering a big-picture perspective on Environmental Law and Policy , this brief introduction illuminates essential concepts with informal, approachable exposition. The Essentials: Environmental Law and Policy complements any casebook, bridging gaps, and more!

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Product Details

  • ISBN-13: 9780735579668
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 4/23/2010
  • Edition description: New Edition
  • Pages: 192
  • Sales rank: 866,872
  • Product dimensions: 5.10 (w) x 8.30 (h) x 0.60 (d)

Table of Contents

Preface xv

Chapter 1 Environmental Policy and the Contours of Environmental Law 1

Economics and Environmental Regulation 4

The Common Law and Environmental Problems 9

The Development of Modern Federal Environmental Law 13

The Tools of Modern Environmental Law 13

Environmental Law and Federalism 20

Environmental Law and the Administrative State 25

Enforcement in Environmental Regulation 26

Environmental Justice 29

Chapter Recap 32

Chapter 2 Environmental Regulation, Constitutional Law, and Administrative Law 35

Constitutional Law 35

Commerce Clause 36

Dormant Commerce Clause 37

Supremacy Clause 39

Eminent Domain and the Takings Clause 41

Administrative Law 45

Promulgating Regulations 46

Other Agency Responsibilities: Administrative Adjudication and Enforcement 49

Interpreting Statutes and Regulations 50

Chapter Recap 51

Chapter 3 The Regulation of Air Pollution: The Clean Air Act 53

Categories of Sources 55

NAAQS 55

State Implementation Plans 57

SIP Calls 58

Sanctions for Inadequate SIPs 58

Specific Federal Programs 58

Requirements Based on the Area's Ambient Air Quality 59

Nonattainment 59

Prevention of Significant Deterioration 60

New Source Review 61

Hazardous Air Pollutants 63

Sulfur Dioxide Emissions Trading 64

Regulation of Interstate Pollution Transport 66

State Freedom to Regulate Beyond the Clean Air Act 68

Title V Permitting 68

Mobile Sources 69

The Clean Air Act and International Law 71

Chapter Recap 72

Chapter 4 The Regulation of Water Pollution: The Clean Water Act 75

Clean Water Act 76

Goals 76

The Federalism of the Clean Water Act: "Waters of the United States" 76

Point Sources versus Nonpoint Sources 78

Point Source Regulation and NPDES Permits 80

Effluent Limitations Under Section 402 Permits 81

Nonpoint Sources 84

State Freedom to Regulate Beyond the Clean Water Act 85

Water Quality Standards 85

TMDLs 87

Water Quality Standards and Interstate Considerations 88

The Clean Water Act and Foreign Disputes 89

Section 401 Certification 89

Section 404 Permitting 90

Safe Drinking Water Act 92

Chapter Recap 93

Chapter 5 The Regulation of Hazardous Wastes: RCRA and CERCLA 97

Solid Waste 98

Hazardous Waste 99

RCRA - Substantive Requirements 101

Generators 101

Transporters 101

TSDFs 101

Landfill Regulation 102

Cercla 102

Hazardous Substances 103

Responses to Releases and Substantial Threats of Releases 103

Cercla Liability 104

Overview 104

Scope 105

Who Is Liable? 106

The Nature of Liability 108

Defenses 109

Severability and Contributors of Small Amounts 110

CERCLA Exceptions: Lenders 111

CERCLA Exceptions: Innocent Landowners 112

The Future of CERCLA Sites and the Problem of Brownfields 113

Other Federal Regulation of Hazardous Substances 113

Chapter Recap 114

Chapter 6 The Protection of Endangered and Threatened Species: The Endangered Species Act 117

Administration of the ESA 117

Listing Species 118

Controversy over Listing 120

Downlistings and Delistings 120

Designation of Critical Habitat 121

ESA Restrictions 121

Restrictions on Federal Government Action: Consultation 121

Irrelevance of Cost and the Availability of Injunctive Relief 123

Exemptions from ESA Coverage 124

Restrictions on Public and Private Actions 124

Protection of Endangered Plants 125

Protection of Threatened Species 126

Incidental Take Permits 126

Chapter Recap 126

Chapter 7 Introduction Environmental Concerns to Government Decision Making: NEPA 129

NEPA-Introduction 129

Overview of NEPA Procedure 131

When Must an EIS Be Prepared? 132

What Is a Major Federal Action? 133

When Does a Major Federal Action Significantly Affect the Human Environment? - Substance 134

When Does a Major Federal Action Significantly Affect the Human Environment? - Procedure 136

Timing of the EIS 137

EIS Adequacy 138

Other Federal Information-Based Regulatory Provisions 140

Chapter Recap 141

Chapter 8 Methods of Enforcement 143

Government Enforcement of the Environmental Laws Against Alleged Violators 144

Administrative Enforcement 144

Civil Enforcement 145

Calculating Penalties 145

Criminal Enforcement 145

Citizen Suits - Introduction 146

Citizen Suits Against EPA 147

Citizen Suits Against Violators 148

Standing 150

Executive and Legislative Control over EPA 153

Executive Branch Control over EPA 153

Legislative Branch Control over EPA 153

Chapter Recap 154

Chapter 9 Regulation of the Environment at the International Level 157

The Genesis of International Environmental Law 157

International Environmental Treaty Regimes 159

Ozone Depletion, the Vienna Convention, and the Montreal Protocol 159

Global Warming, the Framework Convention for Climate Change, and the Kyoto Protocol 160

The Relevance of Domestic Law 162

Chapter Recap 164

Glossary 167

Index 179

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