Environmental Law and Policy

by Plater, Zygmunt J. B.

• ISBN13: 9780735541436
• ISBN10: 0735541434
• Edition: 3rd
• Format: Hardcover
• Copyright: 2004-04-01
• Publisher: Wolters Kluwer Law & Business

Summary

To give your students a solid foundation in environmental law doctrine as well as experience building their analytical skills, you can depend on this user-friendly casebook, now in its Third Edition. Environmental Law and Policy: Nature, Law, and Society is noted for its comprehensive legal-process approach To The depth and complexity of modern environmental law: Broad topical coverage is augmented by a reference section, including a Statutory Capsule Appendix and an annotated Glossary of Acronyms and Abbreviations. Extensive author-written explanations are reinforced by a selection of visuals, including charts, graphs, and photographs. The legal-process approach builds on a base of common law and constitutional law, then continues on to statutory and administrative law to show both the structure And The operation of the law. Statutory and regulatory materials show the various ways in which statutes address environmental problems and point out the strengths and weaknesses of each generic statutory type to ensure that student knowledge does not become obsolete as statutes and regulations change. In addition to traditional environmental law staples, The authors address hot topical areas, such as "brownfielding" of contaminated sites, risk assessment, regulation of toxics, hazardous materials, and discussion of the ongoing politics of environmental protection law. The casebook is accompanied by a Teacher's Manual, An annual Professor's Update, and a website with supplementary materials for adopters. Significant changes and improvements For The third edition include: Two completely new chapters: International Law as a Backdrop for Domestic Law and Cost-Benefit Procedures for Standard Setting. Expanded coverage of market-enlisting approaches and government-industry partnerships for achieving environmental quality, The debates over command-and control, And The political history of environmental law. Important new cases, including the Supreme Court's regulatory takings decisions in Palazzolo v. Rhode Island and Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, American Trucking, Norfolk & Western Ry., Laidlaw Environmental Services, Solid Waste of Northern Cook County, and Borden Ranch, plus international arbitral decisions under NAFTA, including the first successful citizen-initiated fact finding procedures in the Migratory Bird treaty Act inquiry. From the common law foundation to globalization and convergence, Environmental Law and Policy: Nature, Law, and Society, Third Edition, will keep your course at the forefront of the ever-developing body of environmental law. An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/plater3

Table of Contents

Preface	xxiv
Introduction	xxix
PART ONE: BEGINNINGS... BASIC THEMES AND THE COMMON LAW CONTEXT OF ENVIRONMENTAL LAW	1	(280)
Basic Themes in the Legal Process of Environmental Law	3	(39)
The Environmental Perspective	3	(24)
The Breadth and Scope of Environmental Law	3	(6)
The Ecological and Ethical Bases of Environmental Law	9	(1)
The Science of Ecology (Micro and Macro)	9	(1)
Aldo Leopold, A Sand County Almanac	9	(1)
Rachel Carson, Silent Spring	10	(4)
Talbot Page, A Generic View of Toxic Chemicals and Similar Risks	14	(4)
G. Tyler Miller, Living in the Environment: Principles, Connections, and Solutions	18	(3)
Sancton, What on Earth Are We Doing?	21	(2)
Environmental Ethics	23	(1)
Aldo Leopold, A Sand County Almanac	23	(4)
The Problem of the Commons	27	(8)
Hardin, The Tragedy of the Commons	28	(7)
A Salty Paradigm: Road Salt, a Problem that Has Not Yet Met Its Legal Process	35	(7)
Wurster, Of Salt	36	(6)
Cross-Cutting Themes in Environmental Law	42	(61)
A Milestone Pollution Case in Historical Context: Allied Chemical and Kepone Pesticide	42	(23)
A Short Historical Sketch of the Evolution of U.S. Environmental Law	42	(6)
Allied Chemical's Kepone Pesticide Pollution Disaster	48	(1)
Kepone: A Case Study	48	(17)
Beyond Kepone: Tracking Several Decades of Environmental Law Development	65	(12)
A Modern Statutory Array	66	(11)
Themes, Contexts, and Arguments for Change: Politics, Economics, and Tactics	77	(26)
Political Context	77	(5)
The Tactical Logic of Citizen Enforcement of Environmental Law	82	(3)
Economics, and Three Economies	85	(3)
Arguments for Reformation of Environmental Law	88	(8)
A Summary of Cross-Cutting Themes	96	(7)
The Common Law in Modern Environmental Law: Nonstatutory Causes of Action	103	(97)
Tort Causes of Action in the Environmental Arena	104	(42)
Transforming Traditional Common Law Torts into Modern Environmental Law	104	(2)
Invoking Nuisance Law to Remedy Environmental Problems	106	(1)
Boomer et al. v. Atlantic Cement Co	107	(8)
Village of Wilsonville v. SCA Services	115	(10)
New York v. Schenectady Chemical Co.	125	(3)
Spur Industries v. Del Webb Development Co	128	(6)
Adapting Trespass, the Most Traditional of Torts	134	(1)
Borland v. Sanders Lead Co.	134	(3)
The Role of Negligence in Environmental Cases	137	(4)
Strict Liability	141	(1)
Branch v. Western Petroleum	142	(4)
Defenses in Environmental Tort Suits	146	(6)
New York v. Schenectady Chemical Co.	146	(6)
Causation in Conventional Environmental Tort Suits	152	(11)
Causation-in-Fact	152	(2)
Multiple Defendants and the Doctrine of Joint and Several Liability	154	(1)
Velsicol Chemical Corp. v. Rowe	154	(6)
Proximate Causation	160	(1)
Pruitt v. Allied Chemical Corp.	160	(3)
Remedies in Environmental Litigation	163	(31)
Equity and Injunctions	163	(1)
Plater, Statutory Violations and Equitable Discretion	163	(8)
Damages	171	(4)
Branch v. Western Petroleum	175	(1)
Fischer v. Johns-Manville Corp.	175	(10)
Natural Resources Remedies	185	(1)
In the Superior Court for the State of Alaska Third Judicial District	186	(8)
Environmental Uses of Other Nonstatutory Causes of Action	194	(6)
The Special Challenges of Toxic Tort Litigation	200	(81)
Remedies for Victims of Toxic Contamination	200	(27)
Lessons from the Woburn Toxics Civil Action	201	(1)
Schlichtmann, Eight Families Sue W.R. Grace and Beatrice Foods for Poisoning City Wells with Solvents, Causing Leukemia, Disease, and Death	201	(6)
Anderson v. W.R. Grace & Co.	207	(8)
Compensable Elements of Damage in Toxic Tort Cases	215	(1)
Ayers v. Township of Jackson	215	(12)
Proof of Complex Causation	227	(17)
Donaldson v. Central Illinois Public Service Co.	228	(10)
Landrigan v. Celotex Corp.	238	(6)
Law and Science in the Toxic Tort Context	244	(16)
Competing Conceptions: Law, Science, and Popular Perception	244	(2)
Sandman, Risk Communication: Facing Public Outrage	246	(2)
The Standards for Expert Testimony	248	(2)
Daubert v. Merrell Dow Pharmaceuticals	250	(10)
Litigating Toxic Tort Cases	260	(5)
Relationships Between Toxic Tort and Public Law	265	(16)
Contrasting Private and Public Law	265	(6)
Risk Management Concerns	271	(1)
Huber, Safety and the Second Best: The Hazards of Public Risk Management in the Courts	271	(10)
PART TWO: DIFFERENT SOVEREIGNTIES IN MODERN ENVIRONMENTAL LAW	281	(188)
The Development and Structure of Environmental Public Law	283	(40)
The Evolution of Environmental Regulation	285	(8)
Early Efforts and Their Legacy	285	(1)
Laitos, Legal Institutions and Pollution: Some Intersections Between Law and History	285	(2)
In re: Utilex, Inc.: A Case Study from ``The Old Days''	287	(1)
The Utilex Case File	288	(5)
Why Did the Parade of Tougher Federal Statutes Begin in the 1970s?	293	(9)
Elliott, Ackerman, and Millian, Toward a Theory of Statutory Evolution: The Federalization of Environmental Law	293	(9)
The Conceptual Building Blocks of Regulation	302	(3)
An Introduction to Cooperative Federalism	305	(13)
Save the Valley v. EPA	306	(6)
Steinzor, EPA and Its Sisters at 30: Devolution, Revolution, or Reform?	312	(6)
Rethinking Command-and-Control Regulation, the Standard Approach to Environmental Protection	318	(5)
Power Relationships Between Federal and State Governments in Environment Regulation	323	(53)
Constitutional Federalism and Environmental Law Controversies	323	(5)
The Roles of Federalism in Determining Environmental Outcomes	324	(2)
Basic Federalism Precepts	326	(2)
Preemption of State Law	328	(12)
Express Preemption	329	(1)
Association of International Automobile Manufacturers v. Massachusetts Department of Environmental Protection	329	(7)
Preempting State Interference with Federal Resource Programs	336	(4)
``Dormant Commerce Clause'' Overrides of Subordinate Legislation	340	(11)
Evenhandedness and the Rule of Virtual Per Se Invalidity of Discriminatory State Laws	342	(1)
City of Philadelphia v. New Jersey	342	(7)
The Market Participant Doctrine and Legislated Overcharges to the Citizenry	349	(1)
Swin Resource Systems v. Lycoming County	349	(2)
Limitations on Federal Power	351	(25)
The Tenth Amendment	351	(1)
New York v. United States	352	(5)
The Commerce Clause and Limitations on Federal Power	357	(1)
Lopez v. United States	358	(4)
Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers	362	(7)
The Eleventh Amendment Thicket	369	(7)
The Administrative Law of Environmental Law	376	(59)
The Evolution of the Administrative Process	376	(2)
Administrative Process and Administrative Law in a Nutshell	378	(10)
Rybachek v. EPA	384	(1)
Hiram Hill, et al. v. TVA	385	(3)
Overton Park --- A Judicial Review Paradigm	388	(10)
The Overton Park Case	388	(1)
Citizens to Preserve Overton Park v. Volpe	389	(9)
Citizen Enforcement in the Courts	398	(30)
The Importance of Citizen Enforcement	398	(3)
Stewart, The Reformation of American Administrative Law	401	(1)
Standing and the Institutionalization of Citizen Enforcement	402	(2)
Scenic Hudson Preservation Conference v. FPC	404	(13)
Political Resistance to Citizen Enforcement: Removing Courts' Ability to Grant Relief to Citizens	417	(1)
Department of Interior and Related Agencies Appropriations Act, 1990	417	(1)
Citizens' Attempts to Expand Agency Procedures	418	(1)
Vermont Yankee Nuclear Power Corp. v. NRDC	419	(9)
Statutory Interpretation: How, by Whom?	428	(7)
Judicial Review of Agency Interpretations of Law	428	(1)
Chevron U.S.A. v. NRDC	428	(7)
International Agreements as Domestic Environmental Law	435	(34)
Shared Natural Resources: Bilateral Treaties	436	(7)
Migratory Birds in North America	437	(1)
The Constitutional Law of Treaty Formation	438	(1)
Missouri v. Holland	439	(4)
Protecting the Global Commons: Multilateral Treaties and Executive Agreements	443	(11)
Multilateral Treaties to Prevent the Tragedy of the Commons: Saving the Whales	445	(1)
Birnie, Whaling: End of an Era	445	(3)
Executive Agreements: Tensions with Statutory Mandates	448	(2)
Japan Whaling Association v. American Cetacean Society	450	(4)
International Trade Agreements: The Trade and Environment Problem	454	(15)
Multilateral Agreements on Trade: The WTO	454	(1)
Domestic Implementation of International Trade Agreements: Congressional-Executive Agreements	455	(1)
Trade and the Environment: Collision with Domestic Environmental Law?	456	(2)
George E. Warren Corp. v. EPA	458	(2)
The NAFTA Environmental Side Agreement: Citizen Submissions on Enforcement	460	(2)
Final Factual Record for Submission SEM-99-002 (Migratory Birds)	462	(7)
PART THREE: A VARIETY OF STATUTORY APPROACHES	469	(486)
Federal Agency Disclosure: NEPA's Stop-and-Think Logic, and the Power of Information	471	(57)
NEPA, the National Environmental Policy Act	472	(6)
Public Law 91-190	473	(5)
NEPA in Court: The First Generation	478	(45)
NEPA in the Judicial Process: The Chicod Creek Controversy	479	(1)
NRDC v. Grant (Chicod Creek)	479	(28)
Recurrent Issues in Implementing NEPA	507	(6)
Kleppe v. Sierra Club	513	(10)
NEPA's International Implications	523	(5)
Public Citizen v. U.S. Department of Transportation	523	(5)
Corporate Disclosure: Shaping Private Response by Required Production of Information	528	(23)
The Emergency Planning and Community Right-to-Know Act	529	(5)
California's Proposition 65	534	(8)
Nicolle-Wagner v. Deukmejian	535	(7)
Legal Challenges to Regulating Information: The First Amendment	542	(9)
International Dairy Foods Association v. Amestoy	542	(9)
Harm-Based Ambient Standards: The Clean Air Act	551	(69)
The Clean Air Act: History and Structure	552	(5)
Ambient Standards, the Commons, and American Federalism	557	(3)
Harm as the Threshold of Regulation	560	(17)
Which Pollutants Are Covered by the NAAQSs?	560	(1)
NRDC v. Train	561	(3)
What Are the Standards for Setting the NAAQSs?	564	(1)
American Trucking Associations v. EPA	565	(3)
Whitman v. American Trucking Associations	568	(9)
Moving from Identifying Harm to Regulating Polluters: Implementation Plans	577	(34)
The Federal-State Relationship in the Implementation Process	578	(1)
Union Electric Co. v. EPA	578	(5)
Reverse Engineering from Standards to Allocations: Air Quality Modeling and Agency Expertise	583	(2)
Cleveland Electric Illuminating Co. v. EPA	585	(8)
Translating Statutory Obligations into Permits	593	(3)
Which Sources May Be Permitted, Under What Conditions?	596	(1)
Citizens Against the Refinery's Effects (CARE) v. EPA	596	(8)
Adding Environmental Justice Concerns to the Permit Program	604	(1)
EPA, Draft Revised Guidance for Investigating Title VI Administrative Complaints Challenging Permits	604	(7)
Prescribing the Path to Attainment	611	(5)
Whitman v. American Trucking Associations	612	(4)
Transboundary Airflows	616	(4)
Technology-Based Standard-Setting: The Clean Water Act	620	(56)
An Overview of the Clean Water Act	620	(7)
EPA, National Water Quality Inventory: 1994 Report to Congress	622	(5)
The Origin and Evolution of TBELs	627	(9)
EPA v. California	627	(9)
Implementing TBELs Through the NPDES Process	636	(19)
Rybachek v. EPA	636	(14)
Atlantic States Legal Foundation v. Eastman Kodak Co.	650	(5)
Water Quality-Based Permitting under the CWA	655	(16)
Sierra Club v. EPA	656	(15)
Controlling Nonpoint Source Pollution Without Federal Regulation	671	(3)
A Complex Hypothetical: The Average River	674	(2)
Standard-Setting via Cost-Benefit Procedures	676	(36)
Open-Ended Cost-Benefit Balancing: The Toxic Substances Control Act	678	(6)
Corrosion Proof Fittings v. EPA	679	(5)
The Practice and Theory of Cost-Benefit Analysis	684	(16)
How Cost-Benefit Analysis Works	684	(1)
Ackerman and Heinzerling, Pricing the Priceless: Cost-Benefit Analysis of Environmental Protection	684	(3)
The Case for Cost-Benefit	687	(1)
American Trucking Associations v. Browner	687	(4)
The Case Against Cost-Benefit	691	(1)
Ackerman and Heinzerling, Pricing the Priceless: Cost-Benefit Analysis of Environmental Protection	691	(9)
Formal Cost-Benefit Analysis: The Safe Drinking Water Act	700	(7)
EPA, National Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring	701	(6)
Cost-Benefit Analysis at OMB/OIRA	707	(5)
Market-Enlisting Statutory Strategies: Pollution Trading and Other Economic Incentives	712	(31)
Clean Air Act Sulfur Dioxide Trading: The ``Cap-and-Trade'' Poster Child	716	(3)
EPA, Title IV Acid Deposition Program	716	(3)
More Varied Trading Regimes	719	(8)
Ellerman, Joskow, and Harrison, Emissions Trading in the United States: Experience, Lessons and Considerations for Greenhouse Gases	719	(8)
Flawed Trading Systems, and Hotspots (Adverse Local Effects)	727	(9)
Drury, Belliveau, Kuhn, and Bansal, Pollution Trading and Environmental Injustice: Los Angeles' Failed Experiment in Air Quality Policy	727	(9)
Trading to Improve Water Quality	736	(7)
EPA, Water Quality Trading Policy: Issuance of Final Policy Text	736	(7)
Technology-Forcing Standards	743	(29)
Reducing Auto Emissions Through Technology-Forcing	744	(10)
International Harvester v. Ruckelshaus	744	(5)
Waxman, Wetstone, and Barnett, Cars, Fuels and Clean Air: A Review of Title II of the Clean Air Act Amendments of 1990	749	(5)
International Technology-Forcing: The Phaseout of Ozone-Depleting Substances	754	(18)
Shimberg, Stratospheric Ozone and Climate Protection: Domestic Legislation and the International Process	755	(17)
Roadblock Strategies: Stark Prohibitions and Their Viability	772	(44)
An Introduction to Roadblock Statutes	772	(3)
The Delaney Clause	773	(1)
Weighing Roadblocks	774	(1)
The Endangered Species Act as a Roadblock Statute	775	(23)
The ESA	775	(2)
A Fish, a Dam, and ESA §7	777	(2)
TVA v. Hiram Hill, et al.	779	(9)
Spotted Owls and Ancient Forests	788	(1)
Seattle Audubon Society v. Evans	788	(6)
ESA §9 and the ``No Take'' Provision	794	(1)
Babbitt v. Sweet Home Communities for a Great Oregon	794	(4)
``Roadblock Bypasses'': Subsequent Modifications Can Change the ESA's Stark Standards (and What Lessons Can Be Drawn from That?)	798	(18)
ESA §7 God Committee Amendments	800	(3)
ESA §9 Prohibition Gets Modified by the ESA §10 ``Incidental Take'' Exemption Amendment	803	(13)
Product Regulation and Market-Access Strategies: Pesticides and Toxics	816	(29)
Pesticides: The Federal Insecticide, Fungicide, and Rodenticide Act	818	(12)
Miller, Federal Regulation of Pesticides, Environmental Law Handbook	818	(3)
Environmental Defense Fund v. EPA	821	(9)
Regulating Market Access of Toxics: The Toxic Substances Control Act	830	(15)
Druley and Ordway, The Toxic Substances Control Act	830	(2)
Chemical Manufacturers Association v. EPA	832	(13)
Life-Cycle Waste Control Strategies: RCRA's ``Cradle-to-Grave'' Regulation	845	(41)
Tracking and Controlling the Life Cycle of Hazardous Waste Materials	846	(24)
RCRA's Enactment and Initial Implementation	847	(1)
Florio, Congress as Reluctant Regulator: Hazardous Waste Policy in the 1980s	848	(1)
RCRA's Administrative Thicket: Defining Hazardous Wastes	849	(4)
Dithiocarbamate Task Force v. EPA	853	(4)
Regulating Participants in the Hazardous Waste Life Cycle	857	(13)
The ``Land Ban'' and the Use of ``Hammers'' to Control Agency Action	870	(11)
Hazardous Waste Treatment Council v. EPA	873	(8)
RCRA Citizen Suits to Obtain Cleanup and Potential Cost Recovery	881	(5)
Meghrig v. KFC Western	882	(4)
Remedial Liability Strategies: Toxic Cleanups and Their Funding Under CERCLA and State Programs	886	(69)
CERCLA's Liability Rules as Developed Through the Judicial Process of Statutory Interpretation	888	(39)
The Basics of Statutory Remedial Liability for Cleanup of Hazardous Materials	889	(1)
Rich, Personal Liability for Hazardous Waste Cleanup: An Examination of CERCLA §107	890	(6)
The Government's Relaxed Burden of Proof of Causation in CERCLA Cases	896	(1)
United States v. Wade (Wade II)	897	(1)
The Individual Liability of Managerial Officers	898	(1)
United States v. NEPACCO	899	(11)
The Classes of Parties Who May Be Held Liable Under CERCLA	910	(6)
Corporate Liabilities Under CERCLA	916	(1)
United States v. BestFoods Corp.	916	(7)
Private Litigation Under CERCLA §107	923	(4)
EPA's Administrative Order Process	927	(4)
Identifying Sites, Funding, and Setting the Standards for Cleanups	931	(14)
Starfield, The 1990 National Contingency Plan --- More Detail and More Structure, But Still a Balancing Act	934	(11)
EPA's Strategy for Cost Recovery and Loss Allocation	945	(10)
O'Neil v. Picillo	948	(7)
PART FOUR: COMPLIANCE, ENFORCEMENT, AND DISPUTE RESOLUTION	955	(108)
Environmental Criminal Law	957	(42)
Tactical Rediscovery of Criminal Provisions: The 1899 Refuse Act	958	(4)
An Increasing Willingness to Prosecute Environmental Crimes	962	(6)
People v. Film Recovery Systems	962	(2)
Ferrey, Hard Time: Criminal Prosecution for Polluters	964	(4)
Criminal Liability: Problems of Knowledge and Intent	968	(9)
United States v. Ahmad	968	(2)
United States v. Weitzenhoff	970	(7)
Problems Raised in Corporate and Executive Prosecutions	977	(11)
The Fifth Amendment and the Corporation	977	(1)
Difficulties in Proving Collective Activity Crimes	978	(1)
Goldfarb, Kepone: A Case Study	979	(4)
Executive Liability for Acts or Omissions by Subordinates	983	(1)
United States v. Park	983	(5)
Regulatory Prosecutions and the Effect of Federal Sentencing Guidelines	988	(11)
United States v. Hansen	988	(11)
Evolving Patterns of Enforcement and Compliance	999	(64)
The Continuing Debate over Environmental Enforcement Strategies	999	(3)
The Governmental Enforcement Process	1002	(25)
Phases in the Enforcement Process	1002	(1)
Mintz, Enforcement at the EPA	1002	(2)
The Flow of the Enforcement Process	1004	(2)
Enforcement Tools	1006	(11)
Brownfields Federalism and Its Policy of Greater Flexibility and Cooperation	1017	(1)
EPA, Brownfields Action Agenda	1018	(3)
Superfund Memorandum of Agreement: Illinois Environmental Protection Agency, EPA Agency, Region V	1021	(2)
Administrative Reforms in Environmental Enforcement	1023	(4)
Citizen Enforcement to Complement Governmental Efforts	1027	(15)
Boyer and Meidinger, Privatizing Regulatory Enforcement: A Preliminary Assessment of Citizen Suits Under Federal Environmental Laws	1028	(1)
Comfort Lake Association v. Dresel Contracting	1029	(13)
Alternative Dispute Resolution Processes	1042	(7)
Why Alternative Dispute Resolution?	1042	(1)
Environmental ADR	1043	(1)
National Institute for Dispute Resolution, Paths to Justice: Major Public Policy Issues of Dispute Resolution	1043	(3)
Negotiated Rulemaking	1046	(1)
Susskind and McMahon, The Theory and Practice of Negotiated Rulemaking	1046	(3)
The Impetus to Self-Generated Corporate Compliance	1049	(14)
The Triggers for Environmental Compliance	1049	(1)
Friedman and Giannotti, Environmental Self Assessment	1050	(2)
Frankel, Full Disclosure: Financial Statement Disclosures Under CERCLA	1052	(4)
Due Diligence, Audits, and Other Avenues Toward Voluntary Compliance	1056	(7)
PART FIVE: PRIVATE AND PUBLIC RIGHTS AND RESPONSIBILITIES	1063	(192)
Public Environmental Rights and Duties: The Public Trust Doctrine	1065	(47)
Beyond Direct Threats to Human Health and Property: The Modern Rediscovery of the Public Trust Doctrine	1065	(12)
Sax, Defending the Environment: A Strategy for Citizen Action	1068	(1)
Sax, The Public Trust Doctrine in Natural Resource Law: Effective Judicial Intervention	1069	(5)
Marks v. Whitney	1074	(3)
Applying the Modern Public Trust Doctrine	1077	(27)
Public Trust Balancing: Diversion	1077	(1)
Paepke v. Building Commission	1077	(3)
Public Trust Protections Against Derogation	1080	(1)
National Audubon Society v. Superior Court of Alpine County (Mono Lake)	1080	(11)
How Far Does the Public Trust Doctrine Go?	1091	(13)
Environmental Rights from Constitutions and Statutes	1104	(8)
State Constitutional Environmental Rights	1105	(1)
Commonwealth v. National Gettysburg Tower	1105	(7)
Private Property and Public Rights: Constitutional Limits on Physical and Regulatory Takings	1112	(66)
Eminent Domain Condemnations	1116	(6)
The Domain of Deference	1116	(1)
Challenging an Eminent Domain Condemnation	1117	(5)
Inverse Condemnation: A Constitutional Tort?	1122	(5)
Thornburg v. Port of Portland	1122	(5)
Challenges to Regulations as Unconstitutional ``Takings''	1127	(51)
Regulatory Takings	1127	(1)
President's Council on Environmental Quality, Our Nation's Wetlands	1128	(3)
State of Maine v. Johnson	1131	(2)
K & K Construction and JFK Co. v. Department of Natural Resources	1133	(2)
Pennsylvania Coal Co. v. Mahon	1135	(7)
The U.S. Supreme Court's Classic Takings Cases, and an Emerging Consensus on Takings Balancing?	1142	(23)
A Takings Role for the Public Trust Doctrine?	1165	(1)
Babcock, Has the U.S. Supreme Court Finally Drained the Swamp of Takings Jurisprudence?	1165	(2)
Other Property Regulation Issues: Remedies, Exactions, and Innocent Landowner Liability	1167	(7)
Eastern Enterprises v. Apfel	1174	(4)
Public Resource Management Statutes	1178	(38)
The Public Lands	1179	(2)
The BLM, FLPMA, and Grazing on the Public Lands	1181	(12)
Coggins, The Law of Public Rangeland Management IV: FLPMA, PRIA, and the Multiple Use Mandate	1183	(10)
Federal-State and Public-Private Issues on the Public Lands	1193	(6)
Kleppe v. New Mexico	1193	(6)
The BLM and Off-Road Vehicles: A Case Study	1199	(9)
Sheridan, Off-Road Vehicles on Public Lands	1200	(3)
Sierra Club v. Clark	1203	(5)
Public Lands and Resources Planning	1208	(8)
Sierra Club v. Thomas	1208	(8)
Land Use-Based Environmental Protection Statutes	1216	(39)
The Federal Coastal Zone Management Act	1219	(5)
Ruhl, Biodiversity Conservation and the Ever-Expanding Web of Federal Laws Regulating Nonfederal Lands: Time for Something Completely Different?	1220	(4)
State Hazardous Waste Facility Siting Statutes	1224	(9)
Critical Area Protection Statutes	1233	(12)
Site-by-Site Permitting: §404 of the Clean Water Act	1233	(1)
Bersani v. EPA	1234	(10)
Single-Purpose Regional Critical Area Protection: The Federal Wild and Scenic Rivers Act	1244	(1)
Comprehensive State and Regional Planning and Management	1245	(1)
Traditional Land Use Controls and the Environment: Zoning, Subdivision Regulation, et al.	1246	(4)
Subdivision Regulations	1246	(2)
Zoning	1248	(2)
The ``Smart Growth'' Movement and the Environment	1250	(5)
Pollard, Smart Growth: The Promise, Politics, and Potential Pitfalls of Emerging Growth Management Strategies	1251	(4)
PART SIX: GLOBALIZATION AND CONVERGENCE	1255	(51)
International and Comparative Environmental Law	1257	(49)
Customary International Law	1258	(5)
Trail Smelter Arbitration (United States v. Canada)	1258	(5)
International Conferences and Soft Law	1263	(7)
Rio Declaration on Environment and Development	1265	(5)
Comparative Environmental Law	1270	(5)
Mehta v. Union of India	1271	(4)
Multilateral Environmental Agreements	1275	(15)
The Global Warming Framework Convention	1278	(2)
UN Framework Convention on Climate Change	1280	(3)
The Kyoto Protocol	1283	(1)
Bodansky, U.S. Climate Policy After Kyoto: Elements for Success	1284	(6)
International Institutions	1290	(16)
The World Bank	1290	(3)
Inspection Panel's Report and Findings on the Qinghai Project: Executive Summary	1293	(4)
The World Trade Organization	1297	(2)
United States --- Restrictions on Imports of Tuna	1299	(7)
Afterword: Facing the Future	1306