Environmental Law / Edition 4

Environmental Law / Edition 4

by Steven Ferrey

ISBN-10: 0735563128

ISBN-13: 9780735563124

Pub. Date: 07/03/2007

Publisher: Wolters Kluwer Law & Business

Using the proven Examples & Explanations format, this fully updated study guide is an invaluable supplement to any environmental law, energy law or land use course. Through liberal use of chapter cross referencing, Examples & Explanations: Environmental Law, Fourth Edition, helps students develop a deep and integrated understanding of the


Using the proven Examples & Explanations format, this fully updated study guide is an invaluable supplement to any environmental law, energy law or land use course. Through liberal use of chapter cross referencing, Examples & Explanations: Environmental Law, Fourth Edition, helps students develop a deep and integrated understanding of the many areas in environmental law.

This outstanding study guide is unique in its coverage. Its highly regarded attributes include

  • comprehensive coverage of 20 areas of environmental, energy and land use law in 15 separate chapters that are integrated through extensive cross referencing, along with a glossary of scientific and environmental terms, a translated list of all acronyms, and a cross reference to coverage in other environmental case books
  • accessible and user-friendly structure with the text following the order of topics as they appear in most environmental law casebooks
  • detailed exploration of basic concepts, rules, acts, and agencies using the student-tested Examples & Explanations format
  • an approach that is especially useful for courses employing a problems and simulations model; lucid explanations draw the pieces together to give students a more complete understanding of the subject
  • in the Fourth Edition, there is more explanation of the environmental science, and an integration of scientific topics into the text at a level appropriate to law students
  • format allows the professor to bring students quickly up the learning curve and teach environmental material at a more advanced level, even in an introductory format. By providing a foundation in complex areas, professors can move on quickly to have students work on or solve the types of real-world legal issues that confront the profession today.
  • text can be used to help students find a paper topic: the student can choose a topic, then pick one of the identified legal controversies or splits in the circuits identified in the text and pursue that as an in-depth paper topic. This allows students to be more self-directing in pursuing their interests and facilitates more productive use of scarce class time.

Highlights of the Fourth Edition:

  • more scientific explanation of the various environmental and ecological cycles and the impact of human activities on them
  • new material on global warming issues and carbon trading
  • material in the text is cross referenced with material in the leading environmental law casebooks in an easy-to-use table at the front of the book
  • greater depth of coverage on key cases
  • new coverage of recent Supreme Court, federal appellate, and leading state law cases.

Product Details

Wolters Kluwer Law & Business
Publication date:
Examples and Explanations Series
Edition description:
Older Edition
Product dimensions:
1.44(w) x 10.00(h) x 7.00(d)

Table of Contents

Chapter 1.Environmental Ethics, Standards, Markets, and the Common Law1
The Concept of Environmental Regulation1
Ecosystems and Cycles1
Ethics and Efficiency: The Moral Basis of Pollution Control5
The EPA and Its Authority to Permit and Enforce6
Setting the Standard for Emissions to the Environment10
Tools and Techniques of Environmental Protection12
Common Law Environmental Remedies21
Key Distinctions21
Strict Liability29
Public Trust Doctrine30
The Availability of Criminal Sanctions32
Chapter 2.Administrative Procedure for Environmental Regulation37
Where the Action Is37
Drawing the Line: The Nondelegation Doctrine40
Staying Within the Tent: The Ultra Vires Docrine41
The Administrative Procedure Act42
Types of Agency Actions42
The Process and Judicial Review48
Standards of Judicial Review57
Remedies and Fees65
Federal Tort Claims Act65
Equal Access to Justice Act66
Public Access to Information68
Chapter 3.The National Environmental Policy Act75
The Structure of NEPA75
The NEPA Text77
In the Beginning: Substance and Procedure77
The EIS Process81
The Administrative Process81
The Threshold Decision82
Judicial Review Under NEPA91
Timing and Scope of the EIS99
When: Timing of the EIS100
Who, What, and Where: Scope of the EIS102
When Again: The Supplemental EIS108
Adequacy of the EIS: Analysis and Alternatives114
Analysis of Sufficient Environmental Impacts115
Treatment of Alternatives118
Primary Alternatives119
Secondary Alternatives119
Mitigation Measures120
Judicial Review of Adequacy: Substance Versus Procedure120
Exemptions from NEPA121
International Environmental Effects124
Chapter 4.Constitutional Issues: The Commerce Clause and Environmental Preemption135
The Commerce Clause and Environmental Regulation136
Issue 1The Plenary Power of Congress to Regulate Interstate Commerce136
Issue 2Restriction of State Power--The Dormant Commerce Clause140
Federal Preemption of State Environmental Regulation152
Express Preemption154
Implied Preemption154
Savings Clauses in Environmental Statutes158
Chapter 5.Air Quality Regulation161
The Basics of Air Pollution Regulation161
Sources of Air Pollution161
Air Pollution Regulation Prior to 1970162
The Clean Air Act Amendments of 1970163
Ambient Air Quality: Area Regulation164
Source Controls: Regulation of Individual Emitters of Pollutants170
The Clean Air Act Amendments of 1977173
The Concept of Nonattainment: Geographic Standards173
The Clean Air Act Amendments of 1990184
Attainment and Maintenance of NAAQS: Title I185
Regulating Mobile Sources: Title II194
Hazardous Air Pollutants (NESHAPs): Title III201
Acid Deposition Control: Title IV203
Stratospheric Ozone Protection: Title VI207
Enforcement Provisions: Title VII208
Chapter 6.Water Pollution217
The Importance of Water217
Water Quality and Pollution219
Primary Sources of Water Pollution219
Types and Measurements of Water Pollution221
Early Water Quality and Effluent Regulation225
The River and Harbors Act of 1899225
Twentieth Century Pre-1972 Water Pollution Control226
Federal Water Pollution Control Act228
The Structure228
Health-Based and Technology-Based Standards232
Amendments Regulating Specific Discharges234
Water-Quality Standards246
Additional Federal Water Pollution Statutes251
The Safe Drinking Water Act251
Other Water Pollution Statutes252
Chapter 7.Rights to Use Water259
Surface Water Rights260
Riparian Water Rights: Geographic Determination261
The System of Prior Appropriation: First in Time270
Dual System States274
Groundwater Allocation280
Riparian Rights280
Prior Appropriation Rights281
Federal and Tribal Rights281
Chapter 8.The Management of Hazardous and Solid Wastes: RCRA285
What Waste Is Regulated?286
RCRA's Purpose and Goals286
Trigger 1RCRA Regulates "Wastes"287
Trigger 2RCRA Regulates Hazardous Wastes289
Regulation of Hazardous Waste Generators298
Regulation of Hazardous Waste Transporters301
TSD Facility Regulation303
Interim Status Facilities304
Permanent Permitted Status Facilities305
Relation to Other Regulation306
The Land Ban307
State and Local Government Regulation310
Wrestling the Tiger: Enforcement by Agencies and Citizens313
Information Gathering by the EPA: [section]3007314
Monitoring and Testing: [section]3013316
Citizen Suits: [section]7002317
Imminent and Substantial Endangerment Actions: [section]7003321
Criminal Violations323
RCRA Remedies and Bankruptcy Powers327
Subsidiary RCRA Regulatory Programs328
Underground Storage Tanks (UST)328
Medical Waste Tracking Act of 1988330
Chapter 9.The Superfund: Hazardous Substance Remediation333
The Mechanics of CERCLA334
How Superfund Is Different from Other Environmental Laws334
Basic Structure338
EPA Tools to Accomplish Pollution Abatement and Impose Liability: [sections]106 and 107357
The Four Basic Tools357
Strict Liability359
Proximate Cause360
Basic Defenses366
Assignment and Allocation of Liability to Private Parties377
Joint and Several, or Several, Liability?377
Private PRP [section]107 Actions380
Private Party Allocation: [section]113382
Strategic CERCLA Litigation Choices and Outcomes384
The Application of CERCLA Liability in Special Situations398
Liability Status of Unconventional "Persons"398
Interrelationship of CERCLA and Other Law409
Insurance Compensation for Contamination: Who Ultimately Pays?418
Chapter 10.Local Environmental Controls427
Land Use, Property Rights, and Environmental Law428
Zoning and Critical Environmental Habitats429
Zoning and the Environment429
Environmental Zoning Techniques434
Regulation of Critical Environmental Resources443
The Coastal Zone443
Other Critical Areas446
Municipal Licensing for Environmental Goals448
The Municipal Power to License448
Building and Occupancy Permits449
Nonconforming Uses and Their Destruction450
Board of Health Environmental Authority452
Common Law Land Use Controls453
The Public Trust Doctrine453
Waste and Nuisance454
Legal Limitations on Environmental Land Use Regulation455
Spot Zoning455
Reverse Spot Zoning457
The "Takings" Clause Limitation458
Procedural Limitations461
Chapter 11.Preservation of Natural Areas: Wetlands and Open Space467
Wetlands and Waterways467
What Is a Wetland?468
Regulation of Wetlands471
Early Regulation471
The Federal Water Pollution Control Act Amendments of 1972472
Jurisdictional Overlaps in Implementing [section]404477
Initial Review of the Army Corps of Engineers478
EPA Veto479
Review of EPA or Corps' Decisions481
The Role of the States in Wetlands Protection484
State Control of the [section]404 Program484
State Wetlands Protection Jurisdiction484
Protected Natural Resource Areas487
The Agencies in Control488
Wilderness Areas491
Timber Exploitation493
Mineral Exploitation494
Chapter 12.Energy and the Environment497
Energy and the Environment498
The Role of Electricity498
The History of Power500
Regulation of Public Utilities514
Where Does It Come From--Where Does It Go?514
How Utility Rates Are Set515
Federal Versus State Regulation518
The Filed Rate Doctrine520
Deregulation of Power522
Deregulation of Power Generation522
Deregulation of Power and Wheeling526
Power Bidding526
Retail Sales and Wheeling528
Oil and Gas Rights532
Oil and Gas in the American Economy532
Environmental Repercussions533
Ownership and Transfer of Oil, Coal, and Gas Rights535
Chapter 13.The Endangered Species Act539
Key Statutes539
Key Definitions541
The Key Verb: "Take"543
Listing of Species and Consultation544
Listing Species and Habitat: [section]4544
Required Cooperation and Consultation for Listed Species and Habitat: [section]7545
Exemption from [section]7546
Takings: [section]9550
What Private Action Is Prohibited550
Incidental Takes Allowed552
Chapter 14.TSCA and FIFRA: Regulating Chemical Manufacture and Distribution555
The Toxic Substances Control Act (TSCA)556
What Is a Chemical Substance?557
Parties Regulated558
Testing Chemical Substances558
Regulating Existing Chemical Substances559
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)565
Pesticides Defined567
Export of Pesticides569
Chapter 15.International Environmental Law575
The Structure and Limitations of International Environmental Law576
General Principles of Law580
Judicial Decisions and Scholarly Writing581
International Forums for Justice583
Equity in International Justice583
The Application of International Environmental Law584
Judicial Decisions585
Trans-Boundary Harm586
Air Pollution586
Water Pollution587
Environmental Warfare588
Nuclear Power and Weapons589
Species and Toxins590
Table of Cases615

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