Environmental Law and Policy: The Essentials

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  • Format: Paperback
  • Copyright: 4/28/2010
  • Publisher: Wolters Kluwer Law and Business
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Each Essentials book offers an engaging and highly personal view of a law school course-a "forest but not the trees" view of the subject-authored by leading teacher/scholars. Each Essentials invites students to share the insights culled from the authors' years of classroom experience.

Author Biography

Jonathan Nash is a Professor of Law at Emory University, where he specializes in environmental law and also teaches courses and conducts research in the areas of property law, civil procedure, and the study of courts and judges. Professor Nash is a prolific scholar, publishing in many top-ranked law journals.

Table of Contents

Prefacep. xv
Environmental Policy and the Contours of Environmental Lawp. 1
Economics and Environmental Regulationp. 4
The Common Law and Environmental Problemsp. 9
The Development of Modern Federal Environmental Lawp. 13
The Tools of Modern Environmental Lawp. 13
Environmental Law and Federalismp. 20
Environmental Law and the Administrative Statep. 25
Enforcement in Environmental Regulationp. 26
Environmental Justicep. 29
Chapter Recapp. 32
Environmental Regulation, Constitutional Law, and Administrative Lawp. 35
Constitutional Lawp. 35
Commerce Clausep. 36
Dormant Commerce Clausep. 37
Supremacy Clausep. 39
Eminent Domain and the Takings Clausep. 41
Administrative Lawp. 45
Promulgating Regulationsp. 46
Other Agency Responsibilities: Administrative Adjudication and Enforcementp. 49
Interpreting Statutes and Regulationsp. 50
Chapter Recapp. 51
The Regulation of Air Pollution: The Clean Air Actp. 53
Categories of Sourcesp. 55
NAAQSp. 55
State Implementation Plansp. 57
SIP Callsp. 58
Sanctions for Inadequate SIPsp. 58
Specific Federal Programsp. 58
Requirements Based on the Area's Ambient Air Qualityp. 59
Nonattainmentp. 59
Prevention of Significant Deteriorationp. 60
New Source Reviewp. 61
Hazardous Air Pollutantsp. 63
Sulfur Dioxide Emissions Tradingp. 64
Regulation of Interstate Pollution Transportp. 66
State Freedom to Regulate Beyond the Clean Air Actp. 68
Title V Permittingp. 68
Mobile Sourcesp. 69
The Clean Air Act and International Lawp. 71
Chapter Recapp. 72
The Regulation of Water Pollution: The Clean Water Actp. 75
Clean Water Actp. 76
Goalsp. 76
The Federalism of the Clean Water Act: "Waters of the United States"p. 76
Point Sources versus Nonpoint Sourcesp. 78
Point Source Regulation and NPDES Permitsp. 80
Effluent Limitations Under Section 402 Permitsp. 81
Nonpoint Sourcesp. 84
State Freedom to Regulate Beyond the Clean Water Actp. 85
Water Quality Standardsp. 85
TMDLsp. 87
Water Quality Standards and Interstate Considerationsp. 88
The Clean Water Act and Foreign Disputesp. 89
Section 401 Certificationp. 89
Section 404 Permittingp. 90
Safe Drinking Water Actp. 92
Chapter Recapp. 93
The Regulation of Hazardous Wastes: RCRA and CERCLAp. 97
Solid Wastep. 98
Hazardous Wastep. 99
RCRA - Substantive Requirementsp. 101
Generatorsp. 101
Transportersp. 101
TSDFsp. 101
Landfill Regulationp. 102
Cerclap. 102
Hazardous Substancesp. 103
Responses to Releases and Substantial Threats of Releasesp. 103
Cercla Liabilityp. 104
Overviewp. 104
Scopep. 105
Who Is Liable?p. 106
The Nature of Liabilityp. 108
Defensesp. 109
Severability and Contributors of Small Amountsp. 110
CERCLA Exceptions: Lendersp. 111
CERCLA Exceptions: Innocent Landownersp. 112
The Future of CERCLA Sites and the Problem of Brownfieldsp. 113
Other Federal Regulation of Hazardous Substancesp. 113
Chapter Recapp. 114
The Protection of Endangered and Threatened Species: The Endangered Species Actp. 117
Administration of the ESAp. 117
Listing Speciesp. 118
Controversy over Listingp. 120
Downlistings and Delistingsp. 120
Designation of Critical Habitatp. 121
ESA Restrictionsp. 121
Restrictions on Federal Government Action: Consultationp. 121
Irrelevance of Cost and the Availability of Injunctive Reliefp. 123
Exemptions from ESA Coveragep. 124
Restrictions on Public and Private Actionsp. 124
Protection of Endangered Plantsp. 125
Protection of Threatened Speciesp. 126
Incidental Take Permitsp. 126
Chapter Recapp. 126
Introduction Environmental Concerns to Government Decision Making: NEPAp. 129
NEPA-Introductionp. 129
Overview of NEPA Procedurep. 131
When Must an EIS Be Prepared?p. 132
What Is a Major Federal Action?p. 133
When Does a Major Federal Action Significantly Affect the Human Environment? - Substancep. 134
When Does a Major Federal Action Significantly Affect the Human Environment? - Procedurep. 136
Timing of the EISp. 137
EIS Adequacyp. 138
Other Federal Information-Based Regulatory Provisionsp. 140
Chapter Recapp. 141
Methods of Enforcementp. 143
Government Enforcement of the Environmental Laws Against Alleged Violatorsp. 144
Administrative Enforcementp. 144
Civil Enforcementp. 145
Calculating Penaltiesp. 145
Criminal Enforcementp. 145
Citizen Suits - Introductionp. 146
Citizen Suits Against EPAp. 147
Citizen Suits Against Violatorsp. 148
Standingp. 150
Executive and Legislative Control over EPAp. 153
Executive Branch Control over EPAp. 153
Legislative Branch Control over EPAp. 153
Chapter Recapp. 154
Regulation of the Environment at the International Levelp. 157
The Genesis of International Environmental Lawp. 157
International Environmental Treaty Regimesp. 159
Ozone Depletion, the Vienna Convention, and the Montreal Protocolp. 159
Global Warming, the Framework Convention for Climate Change, and the Kyoto Protocolp. 160
The Relevance of Domestic Lawp. 162
Chapter Recapp. 164
Glossaryp. 167
Indexp. 179
Table of Contents provided by Ingram. All Rights Reserved.

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