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Environmental Law and Policy: Nature, Law, and Society / Edition 5

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ISBN-10:: 1454868406
ISBN-13:: 9781454868408
Pub. Date:: 06/20/2016
Publisher:: Wolters Kluwer Law & Business

ISBN-10:: 1454868406
ISBN-13:: 9781454868408
Pub. Date:: 06/20/2016
Publisher:: Wolters Kluwer Law & Business

Environmental Law and Policy: Nature, Law, and Society / Edition 5

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Overview

Environmental Law & Policy: Nature, Law & Society is a coursebook designed to access the law of environmental protection through a “taxonomic” approach. It explores the range of legal structures and legal methodologies of the field—rather than simply designing it according to air, water, toxics, etc. as subject media (which often results in duplicative legal coverage). All the major subject areas of pollution and resource conservation are covered, but they are covered according to the legal approaches they represent. The book is “Saxist,” because it originally arose and continues to carry on themes from the teaching, guidance, and writings of the late Joseph Sax, the eminent pioneer of the environment law field. Sax emphasized the interaction between common law and public law statutory structures, and introduced the public trust doctrine as a thread undergirding and running through the entire field of environmental law.

Features:

Coverage of the December 2015 Paris COP-21 climate agreement in its several different aspects, incorporating analysis by co-author Prof. David Wirth who played an active role in international preparations for the Paris accord.
Expanded material on carbon pricing—carbon taxes—until recently widely thought to be a politically impossible alternative avenue for mitigation of global climate disruption.
Fracking—case and discussion materials on fracking, the major new fossil energy extraction technology that is changing the energy profile and landscape of the U.S.
Tracking major recent revisions in toxic substance regulation, with essential comparisons to the contemporary European model of market access chemical regulation.
Regulation of Greenhouse Gases under the Clean Air Act and otherwise.
The Flint, Michigan toxic lead water pollution disaster, with both civil and criminal repercussions.
An updated guide through the complexities of tensions between private property rights and environmental protections, and an innovative clarification of recent Supreme Court caselaw.
An innovative chapter on official “planning”— a basic and problematic element of environmental governance, whether at the local level or the national public lands level.

Product Details
Table of Contents

Product Details

ISBN-13:	9781454868408
Publisher:	Wolters Kluwer Law & Business
Publication date:	06/20/2016
Series:	Aspen Casebook Series
Edition description:	Fifth Edition, New Edition
Pages:	1120
Product dimensions:	7.38(w) x 10.00(h) x (d)

Part One Basic Themes

Chapter 1 Basic Themes in Environmentalism
Chapter 2 Cross-Cutting Themes in Environmental Law

Part Two The Enduring Role of Common Law in Environmental protection

Chapter 3 Common Law Tools for Environmental Protection
Chapter 4 The Special Challenges of Toxic Tort Litigation

Part Three The Basic Public Law of Environmental Law

Chapter 5 An Introduction to Environmental Public Law and Regulatory Agencies
Chapter 6 The Administrative Law of Environmental Law
Chapter 7 Levels of Government & Sovereignty in the Environmental Context

Part Four A Taxonomy of Public Law Approaches to Environmental Protection

Chapter 8 Disclosure Statutes—: Public & Private Information, the Power of Required Disclosure, and the Stop-and-Think Logic of the
National Environmental Policy Act
Chapter 9 Planning as a Management Tool: Agency Oversight of Private & Public Resource Use, and the Challenge of Adaptive
Management
Chapter 10 Roadblock Statutes: The Endangered Species Act
Chapter 11 From Harm-Based to Technology-Based Standards: Air
Chapter 12 From Technology-Based to Harm-Based Standards: Water
Chapter 13 The Use of Cost-Benefit Analysis and Risk Assessment
Chapter 14 Market-Enlistment Environmental Strategies
Chapter 15 Front-End Strategies: Market Entry Controls, Pollution Prevention, Toxic Use Reduction
Chapter 16 Remedial Liability Regulatory Strategies: CERCLA
Chapter 17 Life-Cycle Regulatory Strategies: RCRA

Part Five Overarching Legal Perspectives

Chapter 18 Enforcement & Compliance Strategies in the Civil Law Realm
Chapter 19 Environmental Criminal Law
Chapter 20 Public Rights and the Public Trust Doctrine
Chapter 21 Public & Private Rights in Property: Eminent Domain & Regulatory Takings
Chapter 21 International & Comparative Environmental Law

Afterword

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