Environmental Regulation : Law, Science, and Policy

by Percival, Robert V.

• ISBN13: 9780735557857
• ISBN10: 0735557853
• Edition: 5th
• Format: Hardcover
• Copyright: 2006-07-30
• Publisher: Wolters Kluwer

Summary

For its Fifth Edition, Environmental Regulation: Law, Science, and Policy retains its distinctly accessible tone while incorporating important new material that reflects the exciting activity in the field. These popular features make the casebook a favorite of both students and instructors: comprehensive coverage with self-contained chapters that allow great flexibility in organizing the course a detailed examination of policy that focuses not only on the substance of environmental statutes but also on how they are translated into regulations and on the factors that affect how they influence real-world behavior effective teaching and study aids, including charts and diagrams mapping the structure of each of the major environmental statutes, real-world-based problems and questions, "pathfinders" explaining where to locate crucial source materials for every major subject area, an extensive glossary, and a list of acronyms clear writing style that is easy for the non-specialist to understand an extensive Teacher's Manual and annual statutory and case supplement This meticulous revision addresses new topics and updates existing issues: chapter on Air Pollution Control substantially revised and reorganized chapter on Regulation of Toxic Substances reorganized and refocused on the theme of "Preventing Harm in the Face of Uncertainty" new problem exercises on control of mercury emissions, global warming, environmental justice, and regulatory takings renewed efforts to open the Alaska National Wildlife Refuge (ANWR) to oil drilling new developments in regulatory policy, including the debate over "sound science" and strategic use of the Information Quality Act controversy over regulatory default principles, including the use of cost-benefit analysis and the precautionary principle brownfields cleanups, innocent landowners, and bona fide purchasers the constitutional reach of federal authority to protect wetlands and endangered species expanded coverage of global warming and climate change, including the entry of the Kyoto Protocol into force, carbon emissions trading, and the prospects for a new global approach for controlling greenhouse gas emissions the impact of voluntary, corporate environmental policies a redesigned website at www.law.umaryland.edu/environment/casebook that will include timely updates of post-publication developments New cases include: Rapanos v. United States, the Supreme Court's June 2006 decision on the reach of federal jurisdiction under the Clean Water Act Miccosukee Tribe, the Supreme Court's decision on what constitutes a point source discharge Cooper Industries, Inc. v. Aviall Services, Inc. on bringing contribution actions under 113 of CERCLA Bates v. Dow Agrosciences, the Supreme Court's decision on FIFRA preemption The Lingle and Kelo decisions and their impact on eminent domain and regulatory takings jurisprudence Engine Manufacturers Ass'n v. South Coast Air Quality Management District on the scope of federal preemption Alaska Department of Environmental Conservation v. EPA on EPA's authority to reject state BACT determinations Department of Transportation v. Public Citizen on Mexican trucks and NEPA Southern Utah Wilderness Alliance on control of off-road vehicle use on public lands

Table of Contents

Preface	xxvii
Acknowledgments	xxix
Environmental Values and Policies: An Introduction	1	(60)
Environmental Problems and Progress	3	(5)
American Environmentalism: Sources and Values	8	(18)
Environmental Philosophy: A Pathfinder	14	(2)
Center for Progressive Reform: Perspective on Environmental Justice	16	(2)
Notes and Questions	18	(5)
Environmental Justice: A Pathfinder	23	(1)
Problem Exercise: Mercury Contamination	24	(2)
Economics and the Environment	26	(12)
The Role of Prices and Markets	27	(1)
Goodstein, Economics and the Environment	27	(1)
Notes and Questions	28	(2)
Cost-Benefit Analysis	30	(1)
Notes and Questions	31	(3)
Valuing Ecosystem Services	34	(1)
Salzman, Creating Markets for Ecosystem Services	35	(2)
Notes and Questions	37	(1)
Ecological Perspectives	38	(11)
Paehlke, Environmentalism and the Future of Progressive Politics	40	(3)
Botkin, Adjusting Law to Nature's Discordant Harmonies	43	(4)
Notes and Questions	47	(2)
Common Pool Resources	49	(12)
Hardin, The Tragedy of the Commons	49	(2)
Notes and Questions	51	(2)
Problem Exercise: Should the Arctic National Wildlife Refuge Be Opened to Oil Exploration and Development?	53	(1)
Risks Worth Taking for Oil	54	(3)
The Missing Energy Strategy	57	(1)
Rolf, Stick with the Science and Keep the Emotionalism Out of ANWR	58	(3)
Environmental Law: A Structural Overview	61	(104)
Sources of Environmental Law	62	(54)
Common Law Roots	63	(1)
Private Nuisance	64	(3)
Madison v. Ducktown Sulphur, Copper & Iron Co.	67	(2)
Notes and Questions	69	(3)
Harmonizing Conflicting Interests: To Balance or Not to Balance in Fashioning Remedies for Nuisances?	72	(3)
Public Nuisance	75	(2)
Missouri v. Illinois	77	(3)
Notes and Questions	80	(2)
Georgia v. Tennessee Copper Co.	82	(2)
Notes and Questions	84	(4)
Regulatory Legislation	88	(1)
Environmental Statutes: A Historical Perspective	88	(1)
Six Stages in the History of U.S. Environmental Law	88	(3)
Chronology of Significant Federal Environmental Legislation	91	(7)
The Impact of Regulatory Legislation on Common Law Actions	98	(2)
International Paper Co. v. Ouellette	100	(1)
Notes and Questions	101	(2)
Environmental Federalism: Three Models of Federal-State Relations	103	(4)
New York v. United States	107	(3)
Notes and Questions	110	(2)
The Commerce Clause and Congressional Authority to Protect the Environment	112	(3)
Notes and Questions	115	(1)
Approaches to Regulation: Assessing the Options	116	(28)
Regulation and Its Alternatives	116	(5)
Case Study: Liability, Regulation, and the Prevention and Remediation of Oil Spills	121	(3)
Provisions of the Oil Pollution Prevention, Response, Liability, and Compensation Act of 1990 (OPA 90)	124	(1)
Notes and Questions	124	(2)
The Regulatory Options	126	(1)
Regulatory Targets	127	(3)
Bases for Controls	130	(2)
Types of Regulation	132	(3)
Comparing Regulatory Strategies	135	(2)
Case Study: Oil Spill Liability and Section 311 of the Clean Water Act	137	(1)
Notes and Questions	138	(1)
Assessing Regulatory Strategies and Their Effect on Technological Innovation	139	(2)
Notes and Questions	141	(3)
The Regulatory Process	144	(21)
Law, Policy, and Agency Decision Making	144	(2)
Rulemaking Procedures	146	(1)
The Regulatory Process: A Pathfinder	147	(3)
Reforming Rulemaking	150	(1)
Negotiated Rulemaking	150	(1)
Generic Approaches to Rulemaking	151	(1)
Reinventing Regulation	152	(1)
Presidential Oversight of Rulemaking	153	(1)
Sierra Club v. Costle	154	(2)
Notes and Questions	156	(1)
Judicial Review and the Regulatory Process	157	(3)
Chevron U.S.A. v. Natural Resources Defense Council	160	(2)
Notes and Questions	162	(3)
Preventing Harm in the Face of Uncertainty	165	(144)
Precursors of Modern Regulatory Approaches	167	(34)
Identifying Activities Subject to Regulation	167	(2)
Reserve Mining Company v. EPA	169	(5)
Notes and Questions	174	(2)
Ethyl Corp. v. EPA	176	(1)
Notes and Questions	177	(5)
Quantifying Risks Subject to Regulation	182	(1)
Industrial Union Dept., AFL-CIO v. American Petroleum Institute	183	(10)
Notes and Questions	193	(2)
A Note on Regulation of Benzene by OSHA Following the Benzene Decision	195	(1)
What We Know about Toxics Exposures	196	(1)
Information about Chemical Risks	197	(1)
EPA, Chemical Hazard Data Availability Study	198	(1)
Notes and Questions	199	(1)
Information about Environmental Releases of Toxic Substances	200	(1)
Notes and Questions	201	(1)
Modern Approaches to Assessing Risk	201	(22)
Hazard Identification Then and Now: Exploding Boilers versus Cancer-Causing Substances	202	(6)
Notes and Questions	208	(3)
Chlorine Chemistry Council v. EPA	211	(2)
Notes and Questions	213	(3)
Case Study: Mercury from Power Plants	216	(7)
How Safe is Safe?---Modern Approaches to Managing Risk	223	(65)
Introduction: Remedial Approaches in Reserve and Ethyl Corp.	224	(2)
Statutory Authorities for Regulating Risks	226	(4)
Risk-Benefit Balancing Approaches	230	(1)
Introduction	230	(1)
Example: The Toxic Substances Control Act	230	(1)
Principal Provisions of the Toxic Substances Control Act	231	(1)
EPA, Asbestos: Manufacture, Importation, Processing, and Distribution in Commerce Prohibitions	232	(3)
Corrosion Proof Fittings v. EPA	235	(7)
Notes and Questions	242	(5)
(Technology-Based) Feasibility-Limited Regulation	247	(1)
First Example: The OSH Act	248	(1)
Notes and Questions	248	(1)
Second Example: The Safe Drinking Water Act	249	(1)
Principal Provisions of the Safe Drinking Water Act	250	(3)
Case Study: Regulation of Arsenic in Drinking Water	253	(9)
Notes and Questions	262	(2)
Health-Based Regulation	264	(1)
De Minimis Risk and Comparative Risk Assessment	264	(5)
Notes and Questions	269	(2)
Acceptable Risk and Section 112 of the Clean Air Act	271	(2)
EPA, National Emission Standards for Hazardous Air Pollutants; Benzene Emissions from Maleic Anhydride Plants, Ethylbenzene/Styrene Plants, Benzene Storage Vessels, Benzene Equipment Leaks, and Coke By-Product Recovery Plants	273	(3)
Notes and Questions	276	(4)
Problem Exercise: Regulation of Toxic Substances	280	(1)
The ``Sound Science'' Debates	280	(4)
Reducing Risk through Comparative Risk Assessment?: The Case of Radon	284	(3)
Regulation of Toxic Substances: A Pathfinder	287	(1)
Regulation Through Revelation	288	(21)
California's Proposition 65: A Burden-Shifting Approach to the Information Problem	291	(5)
Rechtschaffen, How to Reduce Lead Exposures with One Simple Statute: The Experience of Proposition 65	296	(3)
Notes and Questions	299	(1)
The Emergency Planning and Community Right-to-Know Act (EPCRA)	300	(1)
Principal Provisions of the Emergency Planning and Community Right-to-Know Act	300	(3)
Hamilton, Regulation through Revelation	303	(1)
Notes and Questions	304	(5)
Waste Management and Pollution Prevention	309	(158)
Waste Management and Pollution Problems	310	(4)
Notes and Questions	313	(1)
Statutory Authorities Affecting Waste Management	314	(5)
Regulation of Waste Management: A Pathfinder	317	(2)
The RCRA Regulatory Program	319	(47)
RCRA: An Introduction	319	(1)
History of the RCRA Program	319	(5)
Structure of the RCRA Program	324	(1)
Structure of the Resource Conservation and Recovery Act	324	(5)
What Substances Are ``Solid Wastes''?	329	(2)
American Mining Congress v. EPA	331	(6)
Notes and Questions	337	(4)
Identifying ``Hazardous Waste''	341	(4)
Notes and Questions	345	(2)
Incinerator Ash and the Household Waste Exclusion	347	(2)
City of Chicago v. Environmental Defense Fund	349	(6)
Notes and Questions	355	(1)
Avoiding TSD Status	356	(1)
Stoll, Coping with the RCRA Hazardous Waste System: A Few Practical Points for Fun and Profit	356	(5)
Notes and Questions	361	(2)
Subtitle D and the Regulation of ``Nonhazardous'' Waste Disposal	363	(2)
Notes and Questions	365	(1)
Cercla Liability	366	(72)
CERCLA's Basic Principles	366	(2)
Principal Provisions of CERCLA	368	(1)
Liability Provisions of CERCLA	369	(2)
United States v. Olin Corp.	371	(3)
Notes and Questions	374	(1)
Responsible Parties	374	(1)
Owners	374	(1)
New York v. Shore Realty Corp.	375	(4)
Notes and Questions	379	(2)
A Note on Property Transfer Statutes	381	(3)
Notes and Questions	384	(1)
Operators	384	(1)
United States v. Bestfoods	385	(4)
Notes and Questions	389	(2)
Generators	391	(1)
United States v. Aceto Agricultural Chemicals Corp.	392	(4)
Notes and Questions	396	(3)
A Note on Shrinking the Net of CERCLA Liability	399	(2)
Problem Exercise: CERCLA Liability	401	(1)
Strict, Joint, and Several Liability	401	(2)
O'Neil v. Picillo	403	(5)
Notes and Questions	408	(3)
Liability: Amount and Allocation	411	(1)
Standards and Costs of Removal and Remediation	411	(5)
Allocation of Liability	416	(1)
Cooper Industries, Inc. v. Aviall Services, Inc.	417	(4)
Notes and Questions	421	(2)
United States v. Vertac Chemical Corp.	423	(5)
Notes and Questions	428	(2)
AKZO Nobel Coatings, Inc. v. Aigner Corp.	430	(3)
Problem Exercise: CERCLA Cost Allocation, Settlements, and Contribution	433	(1)
Has Superfund Worked?	434	(3)
Notes and Questions	437	(1)
Dumpsite Regulation, the Dormant Commerce Clause, and Environmental Justice Concerns	438	(29)
Commerce Clause Limitations	439	(1)
Philadelphia v. New Jersey	439	(6)
Notes and Questions	445	(4)
C & A Carbone, Inc. v. Town of Clarkstown	449	(4)
Notes and Questions	453	(2)
Siting Controversies and the Environmental Justice Movement	455	(1)
In the Matter of Louisiana Energy Services, L.P.	456	(5)
Notes and Questions	461	(2)
Factors Affecting Siting Decisions: The Yucca Mountain Case Study	463	(1)
Problem Exercise: Should the Nation's High-Level Radioactive Waste Be Deposited in Yucca Mountain?	463	(4)
Air Pollution Control	467	(114)
The Air Pollution Problem	467	(3)
The Clean Air Act: Basic Principles	470	(5)
Air Pollution Control: A Pathfinder	473	(2)
Major Provisions of the Clean Air Act	475	(1)
National Ambient Air Quality Standards	475	(20)
Establishing NAAQSs	476	(2)
Lead Industries Association v. EPA	478	(1)
Notes and Questions	479	(2)
Problem Exercise: A NAAQs for Co2?	481	(1)
Revising NAAQSs	482	(4)
Whitman v. American Trucking Ass'ns	486	(6)
Notes and Questions	492	(3)
Attaining and Maintaining the NAAQSs	495	(67)
Implementation and Compliance---The Basic Structure	495	(2)
Union Electric Company v. EPA	497	(2)
Notes and Questions	499	(2)
Virginia v. EPA	501	(2)
Notes and Questions	503	(1)
Alaska Department of Environmental Conservation v. Environmental Protection Agency	504	(6)
The Evolution of the Programs to Achieve and Maintain the NAAQS	510	(1)
Nonattainment and Prevention of Significant Deterioration	510	(4)
New Source Review for PSD and NA	514	(4)
United States v. Duke Energy Corp.	518	(5)
Notes and Questions	523	(3)
New York v. EPA	526	(5)
Notes and Questions	531	(3)
Multi-State Air Quality Problems	534	(2)
Michigan v. EPA	536	(6)
Notes and Questions	542	(1)
Appalachian Power Co. v. EPA	543	(5)
Notes and Questions	548	(2)
Cap-and-Trade and Other Economic Incentive Programs	550	(1)
Problem Exercise: Economic Incentive Programs	551	(2)
Acid Deposition	553	(3)
Notes and Questions	556	(3)
Alliance for Clean Coal v. Bayh	559	(2)
Notes and Questions	561	(1)
Mobile Source Controls: A Technology-Forcing Venture	562	(19)
Emissions Standards	564	(3)
Notes and Questions	567	(1)
Fuel Content	568	(1)
Alternative Vehicles	569	(2)
Notes and Questions	571	(2)
Engine Manufacturers Association v. South Coast Air Quality Management District	573	(3)
Notes and Questions	576	(1)
Transportation Control Plans and Other Measures Directly Affecting Drivers	577	(2)
Notes and Questions	579	(2)
Water Pollution Control	581	(128)
Water Pollution Problems	582	(8)
Browner and Glickman, Clean Water Action Plan: Restoring and Protecting America's Waters	582	(4)
Notes and Questions	586	(4)
Statutory Authorities for Protecting Water Quality	590	(26)
Water Pollution Control: A Historical Perspective	590	(2)
Statutory Authorities	592	(1)
Principal Federal Laws Addressing Water Pollution	593	(1)
The Structure of the Clean Water Act	594	(1)
Major Provisions of the Clean Water Act	594	(3)
Notes and Questions	597	(2)
The Scope of Federal Authority to Regulate Water Pollution	599	(1)
United States v. Riverside Bayview Homes, Inc.	600	(3)
Notes and Questions	603	(1)
Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers	604	(3)
Notes and Questions	607	(1)
Rapanos v. United States	608	(7)
Notes and Questions	615	(1)
Regulation of Discharges from Point Sources	616	(44)
Defining the ``Addition of Any Pollutant''	617	(1)
National Mining Association v. Army Corps of Engineers	617	(5)
Notes and Questions	622	(2)
South Florida Water Management District v. Miccosukee Tribe of Indians	624	(4)
Notes and Questions	628	(1)
Defining ``Point Sources'' Subject to Permit Requirements	629	(1)
NRDC v. Costle	630	(4)
Notes and Questions	634	(2)
United States v. Plaza Health Laboratories, Inc.	636	(6)
Notes and Questions	642	(2)
Technology-Based Effluent Limitations	644	(1)
Application to Industrial Discharges	644	(1)
The Development of Effluent Limitations	644	(3)
Effluent Standards for Toxic Water Pollutants	647	(2)
Variances	649	(1)
Chemical Manufacturers Association v. NRDC	649	(4)
Notes and Questions	653	(1)
Effluent Limitations: The State of the Art	654	(1)
Notes and Questions	655	(1)
POTWs and the Pretreatment Program	656	(2)
Notes and Questions	658	(1)
Water Pollution Control: A Pathfinder	659	(1)
Water Quality-Based Controls: The Regulatory ``Safety Net''?	660	(35)
Water Quality Standards	661	(1)
Designated Uses and Antidegradation	661	(1)
Water Quality Criteria	662	(1)
Notes and Questions	663	(1)
Water Quality Criteria: Sources of Scientific Uncertainty	664	(1)
The Impact of Water Quality Standards on Permit Limits	665	(1)
Application of Water Quality Standards to Interstate Pollution	666	(1)
Arkansas v. Oklahoma	666	(5)
Notes and Questions	671	(1)
Individual Control Strategies for Toxic Pollutants	672	(2)
State Water Quality Certification under Section 401	674	(1)
PUD No. 1 of Jefferson County v. Washington Department of Ecology	674	(9)
Notes and Questions	683	(1)
Total Maximum Daily Loadings (TMDLs)	684	(2)
Pronsolino v. Nastri	686	(7)
Notes and Questions	693	(1)
Water Pollution Control: A Problem Exercise	694	(1)
Wetlands Protection and the Section 404 Permit Program	695	(8)
The Structure of the Section 404 Program	695	(2)
A Note on Wetlands Identification and Delineation	697	(1)
The Section 404 Permit Process	698	(2)
Notes and Questions	700	(1)
``No Net Loss,'' Mitigation Banking, and the Future of Wetlands Protection	701	(2)
Future Directions in Water Pollution Control: Nonpoint Source Controls, Watershed Protection, and Effluent Trading	703	(6)
Federal Efforts to Control Nonpoint Source Pollution	703	(2)
Toward a Watershed Approach to Pollution Control	705	(1)
Notes and Questions	706	(3)
Land Use Regulation and Regulatory Takings	709	(86)
Land Use and the Environment	710	(2)
Turner and Rylander, Land Use: The Forgotten Agenda, in Thinking Ecologically	710	(2)
Notes and Questions	712	(1)
Federal Regulation of Land Use	712	(9)
Federal Management of Public Lands	713	(1)
Public Land and Natural Resources Law: A Pathfinder	713	(3)
Federal Programs Affecting Private Land Use	716	(3)
Notes and Questions	719	(1)
Land Use Regulation: A Pathfinder	720	(1)
Land Use Regulation by State and Local Governments	721	(10)
Zoning and State Authority to Regulate Land Use	722	(1)
Village of Euclid v. Ambler Realty Co.	722	(2)
Notes and Questions	724	(1)
``Public Use'' and the Kelo Decision	725	(1)
State Growth Management and Critical Area Protection Programs	726	(2)
Liberty, Planned Growth: The Oregon Model	728	(2)
Notes and Questions	730	(1)
Land Use Controls and Regulatory Takings	731	(64)
The Evolution of Regulatory Takings Doctrine	732	(1)
Penn Central Transportation Co. v. City of New York	733	(3)
Notes and Questions	736	(1)
The Modern Revival of Regulatory Takings Jurisprudence	737	(2)
Lucas v. South Carolina Coastal Council	739	(8)
Notes and Questions	747	(5)
The Impact of Post-Regulation Acquisition of Property: The Palazzolo Case	752	(1)
Palazzolo v. Rhode Island	752	(9)
Notes and Questions	761	(1)
Are Development Moratoria Temporary Takings? The Tahoe--Sierra Decision	762	(1)
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency	763	(8)
Notes and Questions	771	(1)
Regulatory Exactions	772	(1)
Dolan v. City of Tigard	773	(9)
Notes and Questions	782	(2)
Lingle v. Chevron, U.S.A., Inc.	784	(2)
Notes and Questions	786	(1)
Problem Exercise: Environmental Remediation and the Takings Clause	787	(1)
Regulatory Takings and Competing Conceptions of Property Rights	788	(2)
Titus, Rising Seas, Coastal Erosion, and the Takings Clause: How to Save Wetlands and Beaches Without Hurting Property Owners	790	(3)
Notes and Questions	793	(2)
Environmental Impact Assessment	795	(68)
The National Environmental Policy Act: An Overview	796	(9)
Structure of the National Environmental Policy Act	796	(2)
Calvert Cliffs Coordinating Committee v. United States Atomic Energy Commission	798	(3)
Notes and Questions	801	(1)
Strycker's Bay Neighborhood Council, Inc. v. Karlen	802	(2)
Notes and Questions	804	(1)
Under What Circumstances Must an Environmental Impact Statement Be Prepared?	805	(33)
``Proposals for Legislation and Other Major Federal Actions''	805	(1)
``Proposals for Legislation''	805	(2)
Implementing NEPA: A Pathfinder	807	(1)
``Major Federal Action''	808	(2)
Problems of Timing and Scope	810	(1)
Kleppe v. Sierra Club	810	(4)
Notes and Questions	814	(1)
Thomas v. Peterson	815	(3)
Notes and Questions	818	(1)
Sierra Club v. Peterson	818	(4)
Notes and Questions	822	(1)
``Significantly Affecting the Quality of the Human Environment''	823	(1)
Hanly v. Kleindienst	824	(4)
Notes and Questions	828	(1)
Procedure for Determining Whether or Not to Prepare an EIS	828	(1)
Determining the ``Significance'' of Action	829	(1)
Notes and Questions	830	(1)
What ``Effects'' Must Be Considered	831	(1)
Dept. of Transportation v. Public Citizen	832	(4)
Notes and Questions	836	(1)
Problem Exercise: Should the FCC Prepare an EIS Assessing the Cumulative Impact of Cellphone Tower Construction?	837	(1)
Is the EIS Adequate?	838	(19)
Alternatives	839	(1)
Vermont Yankee Nuclear Power Corp. v. NRDC	840	(3)
Notes and Questions	843	(1)
Analysis	844	(1)
Quality of the Analysis in an EIS	845	(1)
Sierra Club v. United States Army Corps of Engineers	845	(3)
Notes and Questions	848	(1)
Marsh v. Oregon Natural Resources Council	849	(2)
Notes and Questions	851	(1)
Timing and Scope Revisited	852	(1)
Notes and Questions	853	(1)
Analysis in Uncertainty	854	(1)
Notes and Questions	855	(1)
Problem Exercise: Should EISs for Nuclear Facilities Consider the Risks of Terrorist Attacks?	855	(2)
Epilogue: How Well Does Nepa Work?	857	(6)
Dreher, NEPA Under Seige	857	(3)
Notes and Questions	860	(3)
Preservation of Biodiversity	863	(74)
Why Should We Preserve Biodiversity?	864	(4)
Wilson, Biophilia	864	(2)
Notes and Questions	866	(2)
The Endangered Species Act: An Overview	868	(8)
Major Provisions of the Endangered Species Act	868	(2)
TVA v. Hill	870	(4)
Notes and Questions	874	(2)
Federal Authority to Preserve Biodiversity	876	(22)
National Association of Home Builders v. Babbitt	877	(9)
Notes and Questions	886	(1)
Gibbs v. Babbitt	886	(10)
Notes and Questions	896	(2)
Which Species are Protected: Section 4	898	(5)
Species Listing Determinations: Resource Constraints	902	(1)
Protection of Biodiversity: A Pathfinder	903	(1)
Review of Federal Actions: Section 7	903	(12)
Thomas v. Peterson	904	(2)
Notes and Questions	906	(2)
Rooseveli Campobello International Park Commission v. EPA	908	(3)
Notes and Questions	911	(1)
Carson-Truckee Water Conservancy District v. Clark	912	(1)
Notes and Questions	913	(2)
Protection Against Private Action Section 9	915	(16)
Notes and Questions	916	(1)
Private Actions, Incidental Takings, and Habitat Conservation Plans	917	(1)
Babbitt v. Sweet Home Chapter of Communities for a Great Oregon	918	(7)
Notes and Questions	925	(4)
Ignoring Pleas of Environmentalists, Kansas Man Digs Up Virgin Prairie	929	(1)
Notes and Questions	930	(1)
Problem Exercise: The Endangered Species Act	931	(1)
New Approaches to Biodiversity Protection	931	(6)
The Northwest Forest Plan: An Ecosystem Approach	931	(3)
Reauthorizing the Endangered Species Act	934	(3)
Environmental Enforcement	937	(102)
Monitoring and Detecting Violations	938	(9)
EPA, Final Policy Statement on Incentives for Self-Policing of Violations	941	(4)
Notes and Questions	945	(2)
Enforcement Authorities and Policies	947	(15)
Enforcement Authorities	948	(1)
Enforcement Provisions of the Clean Water Act	948	(2)
Penalty Policies	950	(1)
Sierra Club v. Cedar Point Oil Co.	950	(2)
Notes and Questions	952	(1)
The Federal-State Enforcement Relationship	953	(1)
Harmon Industries v. Browner	954	(4)
Notes and Questions	958	(4)
Criminal Enforcement	962	(15)
United States v. Weitzenhoff	964	(9)
Notes and Questions	973	(4)
Standing and Citizen Access to the Courts	977	(21)
Sierra Club v. Morton	977	(4)
Notes and Questions	981	(2)
Standing Doctrine in Environmental Cases after Sierra Club v. Morton	983	(3)
Lujan v. Defenders of Wildlife	986	(8)
Notes and Questions	994	(3)
The Zone of Interests Test and Standing for Business Interests	997	(1)
Citizen Suits	998	(36)
Citizen Suit Provisions in the APA and the Federal Environmental Laws	998	(1)
Norton v. Southern Utah Wilderness Alliance	999	(6)
Notes and Questions	1005	(1)
Citizen Enforcement Actions and the Gwaltney Problem	1005	(2)
Gwaltney of Smithfield Ltd. v. Chesapeake Bay Foundation	1007	(4)
Notes and Questions	1011	(1)
The Congressional Response to Gwaltney	1012	(1)
The Gwaltney Remand	1013	(1)
Citizen Suits in the Aftermath of Gwaltney	1013	(1)
Standing in Citizen Enforcement Actions	1014	(3)
Friends of the Earth v. Laidlaw Environmental Services	1017	(5)
Notes and Questions	1022	(2)
Government Preclusion of Citizen Suits	1024	(2)
Permit Shields	1026	(1)
Atlantic States Legal Foundation, Inc. v. Eastman Kodak Co.	1027	(3)
Notes and Questions	1030	(1)
Problem Exercise: Citizen Enforcement of the Clean Water Act	1031	(2)
The Eleventh Amendment and Citizen Suits against States	1033	(1)
Enforcement Against Federal Facilities	1034	(5)
Protection of the Global Environment	1039	(88)
Introduction to International Environmental Law	1040	(10)
International Environmental Law: A Pathfinder	1041	(2)
The UN Conferences	1043	(1)
United Nations Conference on Environment and Development, Declaration of Principles	1044	(1)
Notes and Questions	1045	(1)
The World Summit on Sustainable Development	1045	(1)
Notes and Questions	1046	(1)
International Adjudication of Environmental Disputes	1047	(1)
International Court of Justice, Case Concerning the Gabcikovo-Nagymaros Project	1048	(1)
Notes and Questions	1049	(1)
Protection of the Global Atmoshpere	1050	(22)
Ozone Depletion	1050	(1)
Scientific Warnings	1050	(2)
The Montreal Protocol	1052	(1)
Accelerating the Phaseout	1053	(2)
Notes and Questions	1055	(1)
Global Climate Change	1056	(1)
Science and the ``Greenhouse Effect''	1056	(3)
National Research Council, Climate Change Science: An Analysis of Some Key Questions	1059	(2)
Climate Science: The Continuing Debate	1061	(1)
Legal and Policy Responses to Global Warming and Climate Change	1062	(1)
Kyoto Protocol to the Convention on Climate Change	1063	(3)
Notes and Questions	1066	(5)
Problem Exercise: Legal and Policy Strategies to Combat Climate Change	1071	(1)
International Trade and the Environment	1072	(34)
Overview	1072	(3)
Fredriksson, Trade, Global Policy, and the Environment: New Evidence and Issues	1075	(2)
Notes and Questions	1077	(1)
The GATT and WTO	1078	(1)
GATT Council, United States---Restrictions on Imports of Tuna: Report of the Panel 1991	1079	(3)
Notes and Questions	1082	(1)
The Tuna/Dolphin II Decision	1083	(2)
Notes and Questions	1085	(2)
The Shrimp/Turtle Decision	1087	(2)
Notes and Questions	1089	(2)
The North American Free Trade Agreement (NAFTA) and the Environment	1091	(3)
International Trade in Hazardous Substances	1094	(1)
Policy Issues	1094	(2)
Regulation of International Trade in Hazardous Substances	1096	(1)
Tort Litigation in the United States for Actions Abroad by U.S. Multinationals	1096	(3)
Notes and Questions	1099	(2)
Beanal v. Freeport-McMoran, Inc.	1101	(3)
Notes and Questions	1104	(2)
International Development Policy and the Environment	1106	(9)
Multilateral Development Banks	1106	(1)
Seymour and Dubash, World Bank's Environmental Reform, Agenda	1107	(2)
Notes and Questions	1109	(3)
The Global Environment Facility	1112	(1)
Horta, In Focus: Global Environment Facility	1112	(1)
Problems with Current U.S. Policy	1113	(1)
Notes and Questions	1114	(1)
Compliance and Enforcement	1115	(12)
Weiss and Jacobson, Getting Countries to Comply with International Agreements	1115	(2)
Zaelke, Stilwell, and Young, What Reason Demands: Making Laws Work for Sustainable Development	1117	(2)
Notes and Questions	1119	(1)
Promoting Voluntary Corporate Actions to Improve the Environment	1120	(2)
Notes and Questions	1122	(1)
Problem Exercise: Structuring an International Agreement to Regulate Persistent Organic Pollutants (POPs)	1123	(1)
The Equator Principles	1124	(1)
Notes and Questions	1125	(2)
Environmental Progress and Prospects	1127	(28)
Environmental Progress	1128	(6)
Council on Environmental Quality, Environmental Quality, 25th Anniversary Report	1128	(2)
Notes and Questions	1130	(1)
Graham, The Morning After Earth Day	1130	(3)
Notes and Questions	1133	(1)
Environmental Prospects	1134	(19)
A New Way of Living with Nature	1134	(1)
Notes and Questions	1135	(1)
Easterbrook, A Moment on the Earth: The Coming Age of Environmental Optimism	1136	(4)
Notes and Questions	1140	(1)
Environmental Defense Fund, A Moment of Truth: Correcting the Scientific Errors in Gregg Easterbrook's A Moment on the Earth	1141	(2)
Notes and Questions	1143	(1)
Easterbrook Round II? Bjorn Lomborg's ``Skeptical Environmentalist''	1143	(2)
Notes and Questions	1145	(1)
President's Council on Sustainable Development, Towards a Sustainable America	1146	(1)
The Environmental Protection System, Past and Future Goals	1146	(1)
Information and Data	1147	(1)
Evolution of the Regulatory System	1147	(1)
Expanded Set of Policy Tools	1148	(1)
Federal-State Partnerships	1148	(1)
Federal Policy Integration	1149	(1)
Other Themes in Next Generation Reports	1149	(1)
Notes and Questions	1149	(1)
Esty and Chertow, A Vision for the Future	1150	(3)
Notes and Questions	1153	(1)
Some Concluding Thoughts	1153	(2)
Appendix A Glossary	1155	(20)
Appendix B List of Acronyms	1175	(6)
Table of Cases	1181	(6)
Index	1187

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

Rewards Program

Currently unavailable

×

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.