Environmental Law: Examples & Explanations

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This paperback reference in our renowned Examples & Explanations Series helps students navigate the maze of acts, regulations, and topics that characterize environmental law courses today. The 13 chapters of ENVIRONMENTAL LAW: Examples and Explanations are divided into four parts that correspond to the major casebooks: -Decision-making and litigation -Air and water pollution regulation -Toxic substances -Regulation of resources and their uses Within each chapter, material is divided by statute — rather than ...

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Overview

This paperback reference in our renowned Examples & Explanations Series helps students navigate the maze of acts, regulations, and topics that characterize environmental law courses today. The 13 chapters of ENVIRONMENTAL LAW: Examples and Explanations are divided into four parts that correspond to the major casebooks: -Decision-making and litigation -Air and water pollution regulation -Toxic substances -Regulation of resources and their uses Within each chapter, material is divided by statute — rather than by concept — for rapid retrieval. In the characteristic style of the Examples & Explanations Series, Ferrey introduces a topic by way of a real-life example, then explains it in context. Some of the many subjects he reviews include: -NEPA -Clean Water Act -regulation of wetlands -regulation of wastes -Superfund -RCRA -CERCLA -energy/utility regulation ENVIRONMENTAL LAW: Examples and Explanations shows students both sides of the issues - advising the private polluter and the governmental regulators. Be sure to recommend this dependable paperback, and list it on your book requisition. Table of Contents Contents Preface Acknowledgements Chapter 1: Environmental Standards, Markets, and the Common Law The Concept of Environmental Regulation - Ethics and Efficiency: The Moral Basis of Pollution Control - The EPA and Its Authority to Permit and Enforce - Setting the Standard for Emissions to the Environment - Tools and Techniques of Environmental Protection Common Law Environmental Remedies - Key Distinctions - Nuisance - Trespass - Negligence - Strict Liability - Public Trust Doctrine - The Availability of Criminal Sanctions Chapter 2: Administrative Procedure for Environmental Regulation Where the Action Is - Drawing the Line: The Nondelegation Doctrine - Staying Within the Tent: The Ultra Vires Doctrine The Administrative Procedure Act - Types of Agency Actions - The Process and Judicial Review - Standards of Judicial Review Remedies and Fees - Federal Tort Claims Act - Equal Access to Justice Act - Public Access to Information Chapter 3: The National Environmental Policy Act The Structure of NEPA The EIS Process - The Administrative Process - The Threshold Decision - Judicial Review Under NEPA Timing and Scope of the EIS - When: Timing of the EIS - Who, What, and Where: Scope of the EIS - When Again: The Supplemental EIS Adequacy of the EIS: Analysis and Alternatives - Analysis of Sufficient Environmental Impacts - Treatment of Alternatives - Mitigation Measures - Judicial Review of Adequacy: Substance vs. Procedure - Exemptions from NEPA - International Environmental Effects Chapter 4: Constitutional Issues: The Commerce Clause and Environmental Preemption The Commerce Clause and Environmental Regulation - Issue One: The Plenary Power of Congress to Regulate Interstate Commerce Issue Two: Restriction of State Power - The Dormant Commerce Clause Federal Preemption of State Environmental Regulation - Express Preemption - Implied Preemption - Savings Clauses in Environmental Statutes Chapter 5: Air Quality Regulation The Basics of Air Pollution Regulation - Sources of Air Pollution - Air Pollution Regulation Prior to 1970 - The Clean Air Act Amendments of 1970 The Clean Air Act Amendments of 1977 - The Concept of Nonattainment: Geographic Standards The Clean Air Act Amendments of 1990 - Attainment and Maintenance of NAAQS: Title I - Regulating Mobile Sources: Title II - Hazardous Air Pollutants (NESHAPs): Title III - Acid Deposition Control: Title IV - Stratospheric Ozone Protection: Title VI - Enforcement Provisions: Title VII Chapter 6: Water Pollution The Importance of Water Water Quality and Pollution - Primary Sources of Water Pollution - Types and Measurements of Water Pollution Early Water Quality and Effluent Regulation - The River and Harbors Act of 1899 - Twentieth C

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Editorial Reviews

Booknews
Ferrey (law, Suffolk U.) presents an introductory textbook to United States environmental law that seems directed towards beginning law school students. Arguing that the scientific background is a necessary component of any understanding of environmental law, he has incorporated scientific information as an integral part of the text. Covering issues, statutes, agency regulations, and court decisions throughout, the work is organized by broad subject matter, including chapters on air quality, water pollution, water use rights, hazardous and solid waste management, energy and power, endangered species, preservation of natural areas, constitutional issues, and international environmental law. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9781567065343
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 7/28/1997
  • Series: Examples and Explanations Series
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 550

Table of Contents

Preface
Acknowledgments
Ch. 1 Environmental Ethics, Standards, Markets, and the Common Law 1
Ch. 2 Administrative Procedure for Environmental Regulation 37
Ch. 3 The National Environmental Policy Act 75
Ch. 4 Constitutional Issues: The Commerce Clause and Environmental Preemption 135
Ch. 5 Air Quality Regulation 161
Ch. 6 Water Pollution 217
Ch. 7 Rights to Use Water 259
Ch. 8 The Management of Hazardous and Solid Wastes: RCRA 285
Ch. 9 The Superfund: Hazardous Substance Remediation 333
Ch. 10 Local Environmental Controls 427
Ch. 11 Preservation of Natural Areas: Wetlands and Open Space 467
Ch. 12 Energy and the Environment 497
Ch. 13 The Endangered Species Act 539
Ch. 14 TSCA and FIFRA: Regulating Chemical Manufacture and Distribution 555
Ch. 15 International Environmental Law 575
Glossary 593
Abbreviations 609
Table of Cases 615
Index 623
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