Understanding Environmental Administration and Law 2nd Edition / Edition 2

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Overview

More than any other field of public administration, environmental administration is defined by its legal content. Federal legislation has a direct and immediate impact on state and federal bureaucrats, and citizen groups must constantly adjust to changing standards for environmental protection and regulation.

In Understanding Environmental Administration and Law, Susan J. Buck examines the use of environmental law by exploring the policy process through which such law is made, the political environment in which it is applied, and the statutory and case laws that are critical to working within the regulatory system. The book provides an analytic framework for the legal context of environmental administration and familiarizes readers with the development and implementation of the federal regulatory structure.

First published in 1991, this revised and expanded edition includes new material on:

  • the continuing evolution of environmentalism in the United States
  • federalism and bureaucratic decision making within the context of the American legal system
  • citizen suits, counter suits, and the increasingly restrictive perspective of the federal judiciary toward standing
  • the property rights movement
  • the impact of political changes on policy development
Unlike most books that deal with environmental law, the focus of this volume is on understanding the law as a managerial tool and fitting it into the overall policy context. Anyone involved with the environment, from students to citizen activists to mid-level managers at the federal, state, and local level, will find it enormously valuable.
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Product Details

  • ISBN-13: 9781559634748
  • Publisher: Island Press
  • Publication date: 6/28/1996
  • Edition description: 2
  • Edition number: 2
  • Pages: 239
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.90 (d)

Meet the Author

Susan J. Buck is associate professor of political science at the University of North Carolina, Greensboro. She received her Ph.D. in public administration with a specialization in resource management.

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Table of Contents


Preface  
Acknowledgments  
 
Chapter 1. The American Legal System    
-Sources of Law   
-Judicial Decision Making
-Federalism  
 
Chapter 2. Environmentalism in the United  States   
-Beginnings of the Environmental Movement
-National Environmental Policy Act   
-Mandating a National Policy   
-Establishing Action-Forcing Requirements   
-Council on Environmental Quality   
-The Calvert Cliffs Case (1971)  
-Formation of the Environmental Protection Agency
-The Environmental Decade: The 1970s
-Environmental Action in the Eighties
-The Final Decade of the Twentieth Century
 
Chapter 3. The Public Policy Process
-Types of Public Policy
-Distributive Policy
-Competitive Regulatory Policy
-Protective Regulatory Policy
-Redistributive Policy
-Environmental Policy
-The Mechanics of Public Policy
-Agenda Setting
-Systemic and Institutional Agendas
-Reaching the Decision Agenda
-Policy Formulation and Legitimation
-Problem Definition
-Formulation
-Legitimation
-Implementation
-Bureaucratic Resources
-Administrative Discretion
-Variables Affecting Implementation
-Implementing Environmental Policy
-Evaluation
 
Chapter 4. Legal Concepts in Environmental Law
-Understanding Case Law
-Briefing a Case
-Standing
-Nuisance
-Property: Issues of Land Use Law
-Origins of Land Use Control
-Eminent Domain
-Due Process
-Zoning
-Regulation versus Taking
-Public Trust Doctrine
 
Chapter 5. Pollution Control and Hazardous and Toxic Substances
-The Administrative Procedure Act
-Definitions of Terms
-Fair Information Practices
-Rulemaking
-Cost-Benefit Analysis
-Administrative Adjudication
-Judicial Review
-Controlling Pollution
-Air Pollution
-Water Pollution
-Hazardous and Toxic Substances
-Federal Insecticide, Fungicide and Rodenticide Act of 1947
-The Clean Air Act and the Clean Water Act
-Resource Conservation and Recovery Act
-Toxic Substances Control Act
-Superfund and SARA
-A Recommendation for the Future
 
Chapter 6. Managing Wildlife and Public Lands
-Federal-State Cooperative Wildlife Management
-The Rise and Fall of the State Ownership Doctrine
-Federal Aid in Wildlife Restoration (Pittman-Robertson) Act
-Federal Aid in Sport Fish Restoration (Dingell-Johnson) Act
-Other Federal-State Programs
-Federal Wildlife Programs
-Regulating the Taking of Wildlife
-Conservation of Endangered Species
-Marine Mammal Protection Act
-Federal Acquisition and Management of Wildlife Habitat
-Public Lands
-Acquisition
-Disposal
-Reservation
-Custodial and Intensive Management
-Consultation and Confrontation
-Case Study: Fisheating Creek
 
Chapter 7. International Environmental Policy and Law
-International Organizations
-The United Nations
-Nongovernmental Organizations
-International and Global Commons
-Property Rights and Regimes
-Oceans
-Atmosphere
-Antarctica
 
Afterword
Finding Case Law
Acronyms
List of Cases
Legislation
Bibliography
Index
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