Environmental Law & Policy: Nature, Law, and Society, Third Edition / Edition 3

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Overview

To give your students a solid foundation in environmental law doctrine as well as experience building their analytical skills, you can depend on this user-friendly casebook, now in its Third Edition.

Environmental Law and Policy: Nature, Law, and Society is noted for its comprehensive legal-process approach to the depth and complexity of modern environmental law:

  • Broad topical coverage is augmented by a reference section, including a Statutory Capsule Appendix and an annotated Glossary of Acronyms and Abbreviations.
  • Extensive author-written explanations are reinforced by a selection of visuals, including charts, graphs, and photographs.
  • The legal-process approach builds on a base of common law and constitutional law, then continues on to statutory and administrative law to show both the structure and the operation of the law.
  • Statutory and regulatory materials show the various ways in which statutes address environmental problems and point out the strengths and weaknesses of each generic statutory type to ensure that student knowledge does not become obsolete as statutes and regulations change.
  • In addition to traditional environmental law staples, the authors address hot topical areas, such as "brownfielding" of contaminated sites, risk assessment, regulation of toxics, hazardous materials, and discussion of the ongoing politics of environmental protection law.
  • The casebook is accompanied by a Teacher's Manual, an annual Professor's Update, and a website with supplementary materials for adopters.

Significant changes and improvements for the third edition include:

  • Two completely new chapters: International Law as a Backdrop for Domestic Law and Cost-Benefit Procedures for Standard Setting.
  • Expanded coverage of market-enlisting approaches and government-industry partnerships for achieving environmental quality, the debates over command-and control, and the political history of environmental law.
  • Important new cases, including the Supreme Court's regulatory takings decisions in Palazzolo v. Rhode Island and Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, American Trucking, Norfolk & Western Ry., Laidlaw Environmental Services, Solid Waste of Northern Cook County, and Borden Ranch, plus international arbitral decisions under NAFTA, including the first successful citizen-initiated fact finding procedures in the Migratory Bird treaty Act inquiry.

From the common law foundation to globalization and convergence, Environmental Law and Policy: Nature, Law, and Society, Third Edition, will keep your course at the forefront of the ever-developing body of environmental law.

An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/plater3

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Product Details

  • ISBN-13: 9780735541436
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 4/1/2004
  • Edition description: Older Edition
  • Edition number: 3
  • Pages: 1440
  • Sales rank: 1,102,814
  • Product dimensions: 7.32 (w) x 10.12 (h) x 2.13 (d)

Table of Contents

Preface
Introduction
Ch. 1 Basic themes in the legal process of environmental law 3
Ch. 2 Cross-cutting themes in environmental law 42
Ch. 3 The common law in modern environmental law : nonstatutory causes of action 103
Ch. 4 The special challenges of toxic tort litigation 200
Ch. 6 Power relationships between federal and state governments in environment regulation 323
Ch. 7 The administrative law of environmental law 376
Ch. 8 International agreements as domestic environmental law 435
Ch. 9 Federal agency disclosure : NEPA's stop-and-think logic, and the power of information 471
Ch. 10 Corporate disclosure : shaping private response by required production of information 471
Ch. 11 Harm-based ambient standards : the Clean Air Act 551
Ch. 12 Technology-based standard-setting : the Clean Water Act 620
Ch. 13 Standard-setting via cost-benefit procedures 676
Ch. 14 Market-enlisting statutory strategies : pollution trading and other economic incentives 712
Ch. 15 Technology-forcing standards 743
Ch. 16 Roadblock strategies : stark prohibitions and their viability 772
Ch. 17 Product regulation and market-access strategies : pesticides and toxics 816
Ch. 18 Life-cycle waste control strategies : RCRA's "cradle-to-grave" regulation 845
Ch. 19 Remedial liability strategies : toxic cleanups and their funding under CERCLA and state programs 886
Ch. 20 Environmental criminal law 957
Ch. 21 Evolving patterns of enforcement and compliance 999
Ch. 22 Public environmental rights and duties : the public trust doctrine 1065
Ch. 23 Private property and public rights : constitutional limits on physical and regulatory takings 1112
Ch. 24 Public resource management statutes 1178
Ch. 25 Land use-based environmental protection statutes 1216
Ch. 26 International and comparative environmental law 1257
Afterword : facing the future 1308
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