Law and the Environment

by Percival, Robert V.; Alevizatos, Dorothy C.

• ISBN13: 9781566395243
• ISBN10: 1566395240
• Format: Paperback
• Copyright: 1997-04-15
• Publisher: Temple Univ Pr

Summary

Law and the Environment: A Multi-disciplinary Reader brings together for the first time some of the most important original work on environmental policy by scientists, ecologists, philosophers, historians, economists, and legal scholars. Each of the book's four parts provides a different focus on the nature and scope of environmental problems and attempts to use public policy to address these concerns. Part I examines how ecology, economics, and ethics analyze environmental problems and why they support collective action to respond to them. Part II examines the history and present state of environmental law, from early attempts to engage the government to the current debate over the effectiveness of environmental policy. Part III explores the process by which environmental law gets translated into regulatory policy. Part IV considers the future of environmental law at a time when international environmental concerns have become a major force in global diplomacy and international trade agreements.In drawing together a wide variety of perspectives on these issues, Robert V. Percival and Dorothy C. Alevizatos offer a comprehensive examination of how society has responded to the difficult challenges posed by environmental problems. The selections provide a rich introduction to the complexities of environmental policy disputes. Author note: Robert V. Percival is Professor of Law, Robert Stanton Scholar and Director of the Environmental Law Program of the University of Maryland School of Law. He is the principal author of Environmental Regulation: Law, Science, and Policy, and numerous articles on law and the environment. >P>Dorothy C. Alevizatos is an environmental lawyer with a Baltimore law firm. She has an M.S. in conservation biology from the University of Maryland.

Table of Contents

Preface
Introduction
Perspectives on Environmental Problems	p. 1
Ecological Perspectives	p. 3
The Earth as Modified by Human Action (1877)	p. 6
A Sand Country Almanac (1949)	p. 10
Fundamentals of Ecology (1959)	p. 15
The Diversity of Life (1992)	p. 18
The Nonequilibrium Paradigm in Ecology and the Partial Unraveling of Environmental Law (1994)	p. 25
Economic Perspectives	p. 33
The Economic Theory of a Common-Property Resource: The Fishery (1954)	p. 36
The Fisherman's Problem: Ecology and Law in the California Fisheries, 1850-1980 (1986)	p. 40
The Problem of Social Cost (1960)	p. 46
The Economy of the Earth (1988)	p. 49
Environmental Faust Succumbs to Temptations of Economic Mephistopheles, or, Value by Any Other Name Is Preference (1989)	p. 54
The Shadow of the Future: Discount Rates, Later Generations, and the Environment (1993)	p. 60
Ethical Perspectives	p. 65
The Historical Roots of Our Ecologic Crisis (1967)	p. 68
Ways Not to Think about Plastic Trees: New Foundations for Environmental Law (1974)	p. 75
The Case for Animal Rights (1983)	p. 83
Review of Tom Regan, The Case for Animal Rights (1985)	p. 91
The Deep Ecological Movement: Some Philosophical Aspects (1986)	p. 96
Environmental Justice	p. 101
The Threat of Environmental Racism (1993)	p. 103
The Poison Poor Children Breathe (1982)	p. 109
Environmental Equity: A Law and Planning Approach to Environmental Racism (1992)	p. 111
Locally Undesirable Land Uses in Minority Neighborhoods: Disproportionate Siting or Market Dynamics? (1994)	p. 118
Principles of Environmental Justice (1991)	p. 125
The Meaning and Promotion of Environmental Justice (1994)	p. 127
Environmental Law and Regulatory Policy	p. 135
Environmental Regulation in Historical Perspective	p. 137
Nuisance Law and the Industrial Revolution (1974)	p. 139
Wilderness and the American Mind (1982)	p. 150
A "Gift of God"?: The Public Health Controversy over Leaded Gasoline during the 1920s (1985)	p. 158
A Fierce Green Fire (1993)	p. 166
The Politics of Environmental Legislation	p. 169
Federal Regulation in Historical Perspective (1986)	p. 171
Toward a Theory of Statutory Evolution: The Federalization of Environmental Law (1985)	p. 179
Politics and Procedure in Environmental Law (1992)	p. 184
Beauty, Health, and Permanence: Environmental Politics in the United States, 1955-1985 (1987)	p. 192
The Lesson of the Owl and the Crows: The Role of Deception in the Evolution of the Environmental Statutes (1989)	p. 199
Environmental Regulation: Structural Overview	p. 203
Environmental Regulation: Law, Science, and Policy (1996)	p. 205
Why the Clean Air Act Works Badly (1981)	p. 211
Environmental Regulation: Law, Science, and Policy (1996)	p. 217
Rehabilitating Interstate Competition: Rethinking the "Race-to-the-Bottom" Rationale for Federal Environmental Regulation (1992)	p. 223
Safety and the Second Best: The Hazards of Public Risk Management in the Courts (1985)	p. 227
Risk, Courts, and Agencies (1990)	p. 235
Alternative Approaches to Regulation	p. 239
Reforming Environmental Law: The Democratic Case for Market Incentives (1988)	p. 241
Ideal Versus Real Regulatory Efficiency: Implementation of Uniform Standards and "Fine-Turning" Regulatory Reforms (1985)	p. 247
Not So Paradoxical: The Rationale for Technology-Based Regulation (1991)	p. 254
Rethinking Environmental Controls: Management Strategies for Common Resources (1991)	p. 260
Environmental Policy Tools: A User's Guide (1995)	p. 268
Sustainable America: A New Consensus - Building a New Framework for a New Century (1996)	p. 275
The Regulatory Process in a Participatory Democracy	p. 281
Who Speaks for the Environment?	p. 283
The Monkey Wrench Gang (1975)	p. 286
DDT: Scientists, Citizens, and Public Policy (1981)	p. 291
Defending the Environment: A Strategy for Citizen Action (1971)	p. 300
Should Trees Have Standing? - Toward Legal Rights for Natural Objects (1972)	p. 306
The Regulatory Process	p. 313
Implementing Federal Environmental Policies: The Limits of Aspirational Commands (1978)	p. 315
The Seven Statutory Wonders of U.S. Environmental Law: Origins and Morphology (1994)	p. 320
Regulatory Failure, Administrative Incentives, and the New Clean Air Act (1991)	p. 328
Risk Assessment and Regulatory Priorities	p. 335
Risk in a Free Society (1984)	p. 338
The Gospel of Risk Management: Should We Be Converted? (1984)	p. 345
The Role of the Courts in Risk Management (1986)	p. 348
Reclaiming Environmental Law: A Normative Critique of Comparative Risk Analysis (1992)	p. 353
Global Environmental Concerns and the Future of Environmental Law	p. 363
International Environmental Policy	p. 365
International Environmental Policy: Emergence and Dimensions (1990)	p. 367
Our Common Future (1987)	p. 373
Declaration of Principles (1992)	p. 378
Environmental Impacts of a North American Free Trade Agreement (1991)	p. 382
From Adjustment to Sustainable Development: The Obstacle of Free Trade (1992)	p. 385
Sustainable America: A New Consensus - International Leadership (1996)	p. 389
The Future of Environmental Law and Policy	p. 395
Stopping the Pendulum (1995)	p. 397
A Moment on the Earth: The Coming Age of Environmental Optimism (1995)	p. 401
A Moment of Truth: Correcting the Scientific Errors in Gregg Easterbrook's A Moment on the Earth (1995)	p. 406
Earth in the Balance: Ecology and the Human Spirit (1992)	p. 409
Toward a New Environmental Paradigm (1993)	p. 413
The Gnat Is Older Than Man: Global Environment and the Human Agenda (1993)	p. 417
Contributors	p. 425
Index	p. 431
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