Environmental Protection: Law and Policy, Fifth Edition / Edition 5
The distinguished author team of Environmental Protection: Law and Policy, Fifth Edition, which now includes Professor William Buzbee of the Emory University School of Law, continues to explore fundamental issues of environmental law, from history and theory to litigation, regulation, and policy, while addressing important current issues, including the enforcement of international environmental law and the allocation of environmental law authority between U.S. federal and state governments. In addition to being thoroughly and thoughtfully updated, the revision of this widely respected casebook includes materials for enhanced accessibility and teachability.
Proven strengths include: a thorough and nuanced treatment of the history of environmental protection, existing laws and regulations, and current and developing policy objectives a distinguished author team with extensive practical, scholarly, and teaching experience an approach that is broad-based, international, and interdisciplinary and incorporates science, economics, and ethics organization of principal cases, text, questions, problems, and other materials into teachable units a pedagogy that includes extensive explanatory text supported by cases; accessible notes offering basic information and alternative and supplementary perspectives; supporting charts and other graphics; and numerous exercises and problems
Look for important new material in the Fifth Edition: A new chapter on Environmental Federalism addresses recurring questions concerning how the U.S. Constitution and the environmental statutes allocate authority to adopt, implement, and enforce environmental law between the federal and state governments A new chapter on International Environmental Law introduces an increasingly important component of environmental law, as globalization of business and trade continue and as interest grows in bilateral and multilateral approaches to environmental protection Greatly expanded coverage of global climate change, one of the most controversial and significant environmental policy battlegrounds, and of the materials on biodiversity protection through federal land management and implementation of the Endangered Species Act Increased emphasis in the introductory chapter on the common law component of environmental law, as well as consolidated materials examining economic perspectives on environmental harms and regulatory approaches Examination of new legislation that amends the scope of the National Environmental Policy Act and of new recommendations by the Council on Environmental Quality on how to improve implementation of the statute New principal and notes cases, including the Supreme Court's 2006 decision in Rapanos (scope of the Clean Water Act's dredge/fill permit program); the Supreme Court's 2004 decision in Norton v. Southern Utah Wilderness Alliance (availability of judicial review of agency failures to act); the Supreme Court's 2004 decision in Cooper Industries v. Aviall Services (availability of contribution actions under CERCLA); the Supreme Court's 2004 decision in Alaska DEC v. EPA (concerning EPA's authority to review state implementation of the PSD program under the Clean Air Act); the D.C. Circuit's 2005 decision concerning the EPA's authority to regulate greenhouse gas emissions under the Clean Air Act and the same court's 2005 and 2006 decisions in New York v. EPA (concerning the scope of the Clean Air Act's new source review program); recent lower court decisions concerning the Endangered Species Act's critical habitat designation and no jeopardy provisions Completely revised Teacher's Manual
Other improvements to the Fifth Edition include: Enhanced accessibility through textual and diagrammatic summaries of the principal bodies of law and expanded use of problems to illustrate how the environmental laws operate in concrete situations