Environmental Law

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This almanac provides an overview of environmental law presented in an accessible fashion for those who may be encountering this complex area of law for the first time. Through this book, the reader will gain an understanding of the major environmental regulatory statutes, including those addressing air and water quality, hazardous materials and wastes, pesticides and other toxic substances, wetlands preservation, and endangered species. The reader will also be introduced to the agencies responsible for ...
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Overview


This almanac provides an overview of environmental law presented in an accessible fashion for those who may be encountering this complex area of law for the first time. Through this book, the reader will gain an understanding of the major environmental regulatory statutes, including those addressing air and water quality, hazardous materials and wastes, pesticides and other toxic substances, wetlands preservation, and endangered species. The reader will also be introduced to the agencies responsible for implementing and enforcing these statutes. This book also covers the common law principles which are of continuing importance in environmental law and from which modern environmental law directly descends. The reader will further gain an understanding of environmental restrictions on private property development, the increasingly important issue of global climate change, and the ability of the public to obtain access to environmental information through community right to know laws and other environmental statutes. This publication is also an invaluable reference guide for anyone already familiar with environmental law who is seeking access to the most recent information in the field.
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Product Details

  • ISBN-13: 9780199730209
  • Publisher: Oxford University Press, USA
  • Publication date: 4/14/2010
  • Series: OCEANA'S LEGAL ALMANAC Series
  • Pages: 252
  • Product dimensions: 6.00 (w) x 9.10 (h) x 0.70 (d)

Meet the Author

Professor Ronald J. Rychlak is Mississippi Defense Lawyers Association Professor of Law and Associate Dean for Academic Affairs at the University of Mississippi School of Law where he has been on the faculty since 1987. He is a graduate of Wabash College (BA, 1980, cum laude) and Vanderbilt University (JD, 1983, Order of the Coif). Prior to joining the faculty, Ron practiced law with Jenner & Block in Chicago, and he served as a clerk to Hon. Harry W. Wellford of the U.S. Sixth Circuit Court of Appeals.

Ron is an advisor to the Holy See's delegation to the United Nations and a member of the committee appointed by the Mississippi Supreme Court to revise that state's criminal code. He serves on the editorial boards of The Gaming Law Review and Engage: The Journal of the Federalist Society Practice Groups, and he is a member of the Mississippi Advisory Committee to the U.S. Civil Rights Commission. He also serves as the university's Faculty Athletic Representative.

Ron is the author or co-author of six other books, including Real and Demonstrative Evidence: Applications and Theory (1995, 2nd ed., 2003), and he has been published in Notre Dame Law Review, UCLA Law Review, Boston College Law Review, Environmental Law (Lewis & Clark Law School), The Stanford Environmental Law Journal, The Fordham Environmental Law Journal, The Washington Post, The Wall Street Journal, and several other periodicals and journals. He lives in Oxford, Mississippi with his wife, Claire, and their six children.

Professor David W. Case is Associate Professor of Law at the University of Mississippi School of Law where he has been on the faculty since 2007. He is a graduate of the University of Mississippi (B.A., 1985; J.D., 1988, cum laude), Columbia University (LL.M., 1993), and Vanderbilt University (Ph.D., 2004). His Ph.D. is in Interdisciplinary Studies: Environmental Law, Management and Policy. Prior to joining the faculty, Professor Case was a Bridgestone Americas Fellow in Environmental Management at Vanderbilt University and a Research Associate with the Vanderbilt Center for Environmental Management Studies (VCEMS). David also previously practiced law with Ott & Purdy in Jackson, Mississippi, served as an attorney in the Civil Division of the U.S. Department of Justice in Washington, D.C., and served as a clerk to Hon. Rhesa H. Barksdale of the U.S. Fifth Circuit Court of Appeals.
David has published articles in the Emory Law Journal, the Environmental Law Reporter, the Mississippi College Law Review, the Mississippi Law Journal, the University of Colorado Law Review, the University of Memphis Law Review, the Washington & Lee Law Review, and the William & Mary Environmental Law & Policy Review, and several other book chapters and essays. He lives in Hernando, Mississippi with his wife, Catherine, and their four children.

ACKNOWLEDGEMENT: Professors Rychlak and Case gratefully acknowledge the invaluable research assistance of Megan Black and Lori Johnson, both third-year law students at the University of Mississippi School of Law, in the preparation of this book.

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Table of Contents

CHAPTER 1:
THE ENVIRONMENTAL AGENCIES

I. Federal Agencies A. Environmental Protection Agency
1. The EPA's Office of Enforcement and Compliance Assurance
2. The Air Enforcement Division
3. The Water Enforcement Division
4. Hazardous Wastes and the Resource Conservation and Recovery Act Enforcement Division
5. Toxics and Pesticides Enforcement Division
6. The Multimedia Enforcement Division
7. The Federal Facilities Enforcement Office
8. The National Enforcement Investigations Center
9. The Criminal Investigations Division
10. The Office of Administrative Law Judges
11. The Environmental Appeals Board B. U.S. Army Corps of Engineers
1. Navigation and Commerce
2. Recreation and Education
3. Hydroelectric Power
4. Water Supply
5. Flood Control
6. Emergency Response
7. Wetlands
8. Ports and Harbors
9. Costal Protection C. U.S. Department of the Interior D. U.S. Fish and Wildlife Service E. National Marine Fisheries Service F. White House Council on Environmental Quality II. State Environmental Agencies

CHAPTER 2:
THE AUTHORITY TO PROTECT THE ENVIRONMENT

I. Common Law Remedies A. Nuisance and Negligence
1. Elements of the Case
2. Causation Problems B. Trespass C. Strict Liability D. Defenses E. Remedies
1. Money Damages
2. Injunctive Relief
3. Mootness II. Federal Legislation A. Citizen Suits B. The Scope of Federal Power C. Federal Preemption D. Judicial Review of Government Decisions
1. Standing
2. Reviewability

CHAPTER 3:
AIR POLLUTION

I. The Air Pollution Problem II. The Clean Air Act A. National Ambient Air Quality Standards for "Criteria" Pollutants B. Toxic Air Pollutants C. Mobile Sources of Air Pollutants D. Reducing Acid Rain E. Other Interstate and International Air Pollution Problems F. Stratospheric Ozone Layer Protection G. Permits and Enforcement H. Greenhouse Gas Emissions III. Indoor Air Pollution A. Second Hand Smoke B. The Tobacco Settlement C. Smoking Bans
1. Economic Impacts
2. Litigation a. The Americans with Disabilities Act b. Occupational Safety

CHAPTER 4:
WATER QUALITY

I. The Clean Water Act A. The National Pollutant Discharge Elimination System
1. The Permit Program
2. Permit Standards a. Best Practicable Control Technology Currently Available b. Best Available Technology c. Best Conventional Technology d. New Source Performance Standards e. General or Area Permits and Exemptions f. Water Quality Standards
3. Publicly Owned Treatment Works
4. Dredge and Fill Permits (Wetlands)
B. Nonpoint Source Pollution
1. In General
2. Storm Water Discharges C. The Oil Pollution Act D. Clean Water Act Enforcement
1. Compliance monitoring
2. Penalties
3. Citizen Suits II. The Safe Drinking Water Act A. Common Drinking Water Contaminants B. SDWA Standards C. Public Information

CHAPTER 5:
WETLANDS

I. Wetlands Regulation Under the Clean Water Act A. Introduction B. Identifying Wetlands II. The Section 404 Permit Program A. The Permitting Process B. Applying for a CWA Section 404 Permit C. Enforcement III. Other Federal Legislation A. North American Wetlands Conservation Act B. The National Coastal Wetlands Conservation Grant Program C. Swampbuster D. Mitigation and Restoration IV. Coastal Zone Management Act V. The Takings Issue

CHAPTER 6:
TOXIC SUBSTANCES AND HAZARDOUS WASTES

I. Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
A. The Pesticides Dilemma B. Congressional Enactment of FIFRA C. Pesticide Registration under FIFRA D. Cancellation or Suspension of Registrations E. Labeling Requirements II. Toxic Substances Control Act (TSCA)
A. The Toxic Substances Information Problem B. Congressional Enactment of TSCA C. Chemical Substances and Mixtures D. TSCA Testing Requirements E. Premanufacture Notification F. Regulation of Chemical Substances G. Reporting and Recordkeeping Requirements III. Resource Conservation and Recovery Act (RCRA)
A. The Solid and Hazardous Waste Problem B. Congressional Enactment of RCRA C. Hazardous Wastes
1. Regulated Entities
2. Manifest Requirement
3. Definition of Hazardous Waste a. Solid Waste b. Hazardous Waste D. Non-hazardous Solid Waste E. Underground Storage Tanks F. Used Oil IV. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
A. The Problem of Abandoned Hazardous Waste Dump Sites B. Congressional Enactment of CERCLA C. CERCLA Jurisdiction
1. Releases and Threatened Releases
2. Hazardous Substances D. EPA Options Under CERCLA E. CERCLA Liability
1. Potentially Responsible Parties (PRPs)
2. Extent of Liability
3. Defenses to CERCLA Liability F. Scope of Cleanup

CHAPTER 7:
THE NATIONAL ENVIRONMENTAL POLICY ACT

I. NEPA's Historical Context II. NEPA's Declaration of Environmental Policy III. NEPA's Purposes IV. Environmental Impact Statements A. "Major Federal Action"
B. "Significant Affect"
C. The Purpose of the EIS V. The NEPA Process A. Categorical Analysis B. Environmental Assessment C. Notice of Intent and Scoping D. Notice of Draft EIS and Public Comment Period E. Final EIS F. Record of Decision

CHAPTER 8:
ENDANGERED SPECIES

I. The Endangered Species Act A. Identifying Endangered Species
1. Listing
2. Delisting B. "Taking"
1. Tennessee Valley Authority v. Hill
2. Exemptions C. Critical Habitats
1. Habitat Conservation Plans
2. Safe Harbor Agreements
3. Candidate Conservation Agreements
4. Conservation Banks
5. International Trade D. Recovery Plans E. Enforcement and Penalties II. Marine Mammals Protection Act A. Overview B. "Taking" of Marine Mammals C. Exceptions

CHAPTER 9:
RESTRICTIONS ON DEVELOPMENT OF PRIVATE LAND

I. The Takings Clause A. Regulatory Takings B. Public Benefit C. Just Compensation D. Ripeness II. The Public Trust Doctrine A. Purpose of the Trust B. Extent of the Trust C. Limits on Disposal of Trust Property III. The Navigational Servitude A. Not a Taking B. The Rivers and Harbors Act

CHAPTER 10:
THE GREENHOUSE EFFECT AND CLIMATE CHANGE

I. The Greenhouse Effect and Climate Science A. The Greenhouse Effect B. Increasing Greenhouse Gas Emissions C. Global Warming and Climate Change II. International Protocols on Climate Change A. Intergovernmental Panel on Climate Change (IPCC B. United Nations Framework Convention on Climate Change (UNFCCC)
C. The Kyoto Protocol D. Weaknesses of the Kyoto Protocol E. Negotiations on Post-Kyoto Protocol Commitments III. United States Climate Change Policy A. Voluntary Programs B. Climate Change Legislation C. Clean Air Act D. National Environmental Policy Act E. Endangered Species Act F. Common Law Litigation

CHAPTER 11
PUBLIC ENVIRONMENTAL INFORMATION AND ENVIRONMENTAL ATTORNEYS

I. The Importance of Environmental Information II. The Emergency Planning and Community Right-to-Know Act (EPCRA A. Congressional Enactment of EPCRA B. Emergency Planning
1. State Emergency Response Commissions
2. Local Emergency Planning Committees
3. Facilities Subject to Emergency Planning Requirements C. Emergency Notification D. Community Right-to-Know Reporting Requirements
1. Material Safety Data Sheet (MSDS) Reporting
2. Inventory Reporting E. Toxics Release Inventory (TRI) Reporting Requirements III. Additional Sources of Publicly Accessible Environmental Information A. Envirofacts Data Warehouse
1. Water
2. Air
3. Waste
4. Land
5. Toxics
6. Radiation
7. Facilities Information
8. Mapping Capabilities B. Scorecard C. Right-to-Know Network D. ChemicalRight2Know.org E. ToxicRisk.com IV. Environmental Attorneys A. Federal and State Environmental Agencies B. Non-Governmental Environmental Organizations C. Business and Industry D. Private Attorneys

GLOSSARY COMMOM ACRONYMS AND ABBREVIATIONS

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