Environmental Law

by Kubasek, Nancy K.; Silverman, Gary S

• ISBN13: 9780131479210
• ISBN10: 0131479210
• Edition: 5th
• Format: Paperback
• Copyright: 2005-01-01
• Publisher: Pearson College Div

Summary

Kubasek and Silverman's Environmental Law, Fifth Edition, explains the legal system and process in general, discusses specific environmental laws, and presents the scientific background necessary to understand each law. As always, Kubasek and Silverman's emphasis remains on making ethical decisions regarding our environment. Highlights of the new edition include: bull; bull;Full discussion of the controversial Clear Skies Initiative. bull;Coverage of the impact of the Bush Administration on environmental law, including how President Bush is changing the face of environmental law and increasing the responsibility of each state to protect the environment. bull;Updated cases throughout with new environmental law decisions highlighted and discussed. bull;Expanded coverage of natural resources protection. bull;Legal research database available at no charge. Prentice Hall is pleased to announce a new partnership with VersusLaw. See your rep for details.

Table of Contents

An Introduction To The Law

The American Legal System: The Source of Environmental Law

Sources of Law

Classifications of Law

Constitutional Principals Underlying the American Legal System

The Litigation Process and Other Tools for Resolving Environmental Disputes

The Adversary System

The U.S. Dual Court System

Primary Actors in the Legal System

Steps in Civil Litigation

Alternatives to Civil Litigation

Administrative Law and Its Impact on the Environment

Creation of Administrative Agencies

Functions of Administrative Agencies

Limitations on Agency Powers

Important Agencies Affecting the Environment

The Environmental Laws

An Introduction to Environmental Law and Policy

The Need for Regulation

Alternative Ways to Control Pollution

Evolution of Our Environmental Policy

National Environmental Policy Act. Pollution Prevention Act of 1990

Air Quality Control

The Major Air Pollutants

Some Significant Air Quality Problems

The Initial Approach to Air Quality Control

The Current Approach to Air Quality Control

The 1990 Clean Air Act Amendments

Solutions Beyond the Clean Air Act

Water Quality Control

The Major Water Pollutants

Some Significant Water Quality Problems

Radon and Other Radionucleotides

Protecting Water Through Government Actions

Controlling Toxic Substances

Identification of Potentially Toxic Substances

Federal Regulation of Toxic Substances

International Regulation of Toxic Substances

Toxic Torts

Waste Management and Hazardous Releases

Waste Control Techniques

The Problem with Waste

Requirements for Managing Waste

CERCLA: An Overview

Emergency Response Plans and Right to Know

Federal Response to Contaminated Sites

Underground Storage Tank Program

Energy

Energy Policy: A Historical Overview

Energy Consumption and Production

Coal: The Oldest Energy Source

Petroleum and Natural Gas

Nuclear Energy

Renewable Fuels

Natural Resources

Protecting Public Lands

Wetlands, Estuaries, and Coastal Areas

Protection of the Great Lakes

Wild and Scenic Rivers Program

Endangered Species

International Environmental Law

The Need for International Environmental Law

The Nature of International Law

Sources of International Environmental Law.

Institutions That Effectuate and Influence International Environmental Law

Addressing Specific International Environmental Problems

The Future of International Environmental Law

Environmentalism and Trade

Table of Contents provided by Publisher. All Rights Reserved.

Excerpts

When I began teaching environmental law to undergraduates in 1982, there were very few such courses offered outside of law schools. There were even fewer resources available for teaching courses to anyone other than law students. My first semester, I taught the course using one of the two available law school texts. The next year I began putting together my own materials, materials that over the next few years evolved into an environmental law "text" designed especially for nonlaw students that I made available to my students through a copy service. To improve the quality of the materials before attempting to publish them, I asked my colleague Dr. Gary Silverman, the director of our university's Environmental Health Program, to write the chapters on water quality control and management of waste and hazardous releases, areas in which he has special expertise. The result was the first edition ofEnvironmental Law,a book designed to introduce those without any legal or special scientific training to the system through which our nation attempts to preserve the environment. Although this book was written for college students at either the undergraduate or master's level, I had hoped that it would also be useful to anyone interested in learning about our system of environmental law, and that it would be a helpful reference for anyone in business who is attempting to negotiate the morass of environmental regulations that affect businesses today. From the comments that I have received from users of the book, it is clear that in some sense, the book is meeting these goals. Readers of the book range from graduate and undergraduate students to businesspersons and ordinary citizens interested in environmental law. Reflecting the fact that background knowledge is often important for understanding specific areas, this book provides two key types of background necessary for understanding environmental law. First, the initial chapters explain how our legal system functions in general. Second, the initial portions of the latter chapters provide the basic scientific knowledge necessary for understanding environmental law. Thus, the reader may gain a fundamental understanding of not only what the laws are but also why they are needed. Several people helped to make the first edition of this book, and consequently this fifth edition, a reality, and I would like to thank them for their contributions. Thorough and insightful reviews were provided by the following professors: James Carp, Syracuse University William Clements, Norwich University Frank Cross, University of Texas David Hoch, University of Southwestern Louisiana May Kieffer, Ohio University Richard Kunkle, The College of St. Thomas Patricia Tulin, University of Hartford Their reviews led to vast improvements of the final version of the first edition of this book. In fact, it is only because of a suggestion of one of these reviewers that a very important chapter of this book was written, the chapter on energy policy and natural resource protection. When changes in environmental law necessitated the first revision ofEnvironmental Law,helpful reviews were provided by Paula C. Murray, of the University of Texas, and Eric Oates, of the Wharton School. Numerous changes were made in response to their comments. Reviewers were once again helpful when it came to the third edition of this text. I would like to once again thank the following professors for their helpful insights: Donald A. Fuller, University of Central Florida Mary Keifer, Ohio University Michael Magasin, Pepperdine University Michael A. Tessitore, University of Florida Perhaps the most significant contributor to the third edition was Carrie Williamson, a former environmental law student and my research assistant at the time of the third revision. Having used the boo