Environmental Law

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  • Edition: 5th
  • Format: Paperback
  • Copyright: 2005-01-01
  • Publisher: Pearson College Div
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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 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.


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

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