Current Critical Issues In Environmental Law

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KEY DEVELOPMENTS IN ENVIRONMENTAL LAW.

Author : STANLEY D. BERGER
Publisher : Unknown
Page : 128 pages
File Size : 50,6 Mb
Release : 2016
Category : Electronic
ISBN : 0888049498

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KEY DEVELOPMENTS IN ENVIRONMENTAL LAW. by STANLEY D. BERGER Pdf

A Guide to U.S. Environmental Law

Author : Arden Rowell,Josephine van Zeben
Publisher : University of California Press
Page : 275 pages
File Size : 48,8 Mb
Release : 2021-02-23
Category : Law
ISBN : 9780520295230

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A Guide to U.S. Environmental Law by Arden Rowell,Josephine van Zeben Pdf

Written by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters include summaries of key concepts, discussion questions, and a glossary of terms, as well as informative "spotlights"—brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Law is a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this book with its companion, A Guide to EU Environmental Law, allows for a comparative look at how two of the most important jurisdictions in the world deal with key environmental problems.

Comparative and Global Environmental Law and Policy

Author : Tseming Yang,Anastasia Telesetsky,Lin Harmon-Walker,Robert V. Percival
Publisher : Aspen Publishing
Page : 1222 pages
File Size : 45,7 Mb
Release : 2019-09-13
Category : Law
ISBN : 9781543815184

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Comparative and Global Environmental Law and Policy by Tseming Yang,Anastasia Telesetsky,Lin Harmon-Walker,Robert V. Percival Pdf

Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.

Climate Law and Developing Countries

Author : Benjamin J. Richardson,Yves Le Bouthillier,Heather McLeod-Kilmurray,Stepan Wood
Publisher : Edward Elgar Publishing
Page : 443 pages
File Size : 51,5 Mb
Release : 2009-11-27
Category : Science
ISBN : 9781849802321

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Climate Law and Developing Countries by Benjamin J. Richardson,Yves Le Bouthillier,Heather McLeod-Kilmurray,Stepan Wood Pdf

'The phenomenon of anthropogenic climate change has become of critical importance to all countries. However, while the majority of developing countries contribute the least to global greenhouse gas emissions, they will generally bear the major burden of the social, environmental and economic impacts of climate change imposed upon them by developed countries. This cutting-edge book contains outstanding contributions by scholars from around the world on the need to expand the range of legal and policy mechanisms and strategies required to bridge the gaps between the north and the south to achieve global climate justice.' - Ben Boer, University of Sydney and former Co-director of the IUCN Academy of Environmental Law This timely book examines the legal and policy challenges in international, regional and national settings, faced by developing countries in mitigating and adapting to climate change. With contributions from over twenty international scholars from developing and developed countries, the book tackles both long-standing concerns and current controversies. It considers the positions of developing countries in the negotiation of a new international legal regime to replace the Kyoto Protocol and canvasses various domestic issues, including implementation of CDM projects, governance of adaptation measures and regulation of the biofuels industry. Through a unique focus on the developing world, this book makes a significant contribution to understanding current challenges and future directions of climate law.

EU Environmental Governance

Author : Amandine Orsini,Elena Kavvatha
Publisher : Routledge
Page : 218 pages
File Size : 40,7 Mb
Release : 2020-09-13
Category : Law
ISBN : 9781000176391

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EU Environmental Governance by Amandine Orsini,Elena Kavvatha Pdf

This book presents an overview of the field of environmental law and policies within the European Union, from theoretical foundations to major issues and applied governance solutions. Drawing on expertise from renowned academics and practitioners from different disciplines, EU Environmental Governance: Current and Future Challenges helps readers to understand the main legal, political and economic issues of environmental protection since the adoption of the Paris Agreement by the European Union in 2015, until the 2020 Brexit, European Green Deal and coronavirus outbreak. The authors examine a broad range of sensitive and topical environmental issues including climate change, air pollution, waste management and circular economy, nuclear waste, biodiversity, agriculture, chemicals, nanotechnology, the environmental impacts of trade and environmental conflicts, presenting both current insights and future challenges. Overall, this volume exposes the reader to a vast array of empirical case studies, which will bolster their training and help tackle the environmental challenges faced by Europe today. This book is a valuable resource for students, researchers and policymakers across a broad range of fields, including environmental law and policies, environmental economics, climate science and environmental sociology.

Environmental Law and Economics

Author : Klaus Mathis,Bruce R. Huber
Publisher : Springer
Page : 534 pages
File Size : 44,6 Mb
Release : 2017-04-07
Category : Law
ISBN : 9783319509327

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Environmental Law and Economics by Klaus Mathis,Bruce R. Huber Pdf

This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.

Routledge Handbook of International Environmental Law

Author : Erika Techera
Publisher : Routledge
Page : 854 pages
File Size : 48,5 Mb
Release : 2012-11-12
Category : Law
ISBN : 9781136202865

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Routledge Handbook of International Environmental Law by Erika Techera Pdf

The Routledge Handbook of International Environmental Law is an advanced level reference guide which provides a comprehensive and contemporary overview of the corpus of international environmental law (IEL). The Handbook features specially commissioned papers by leading experts in the field of international environmental law, drawn from a range of both developed and developing countries in order to put forward a truly global approach to the subject. Furthermore, it addresses emerging and cross-cutting issues of critical importance for the years ahead. The book is split into six parts for ease of reference: The Legal Framework, Theories and Principles of International Environmental Law - focuses on the origins, theory, principles and development of the discipline; Implementing International Environmental Law - addresses the implementation of IEL and the role of various actors and institutions, including corporations, intergovernmental organisations and NGOs; Key Issues and Legal Frameworks - brings fresh perspectives of the common general issues of international environmental law, such as biological diversity and marine environmental law; Regional Environmental Law - explores the specific regimes developed to address regional environmental issues, considering the evolution, prospects and relationship of regional law and mechanisms to IEL; Cross-Cutting Issues - considers the engagement of international environmental law with other key fields and legal regimes, including international trade, human rights and armed conflict; Contemporary and Future Challenges - analyses pressing current and emerging issues in the field including environmental refugees and climate change, REDD and deforestation, and ‘treaty congestion’ in IEL. This up-to-date and authoritative book makes it an essential reference work for students, scholars and practitioners working in the field.

Environmental Law, Disrupted

Author : Keith H. Hirokawa,Jessica Owley
Publisher : Unknown
Page : 128 pages
File Size : 53,9 Mb
Release : 2021
Category : Environmental law
ISBN : 1585762369

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Environmental Law, Disrupted by Keith H. Hirokawa,Jessica Owley Pdf

Current Critical Issues in Environmental Law

Author : Mark J. Bennett,J. Cullen Howe,James L. Newman
Publisher : LexisNexis/Matthew Bender
Page : 70 pages
File Size : 52,7 Mb
Release : 2008
Category : Architecture
ISBN : STANFORD:36105064266179

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Current Critical Issues in Environmental Law by Mark J. Bennett,J. Cullen Howe,James L. Newman Pdf

Environmental Law, Policy, and Economics

Author : Nicholas Askounes Ashford,Charles C. Caldart
Publisher : MIT Press
Page : 1125 pages
File Size : 42,6 Mb
Release : 2008
Category : Environmental law
ISBN : 9780262012386

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Environmental Law, Policy, and Economics by Nicholas Askounes Ashford,Charles C. Caldart Pdf

The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.

Ecological Systems Integrity

Author : Laura Westra,Janice Gray,Vasiliki Karageorgou
Publisher : Routledge
Page : 306 pages
File Size : 50,9 Mb
Release : 2015-05-22
Category : Nature
ISBN : 9781317501329

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Ecological Systems Integrity by Laura Westra,Janice Gray,Vasiliki Karageorgou Pdf

Environmental law and governance are the cornerstones of global efforts to conserve the environment, protect resources and ensure fair and equitable outcomes for all of the planet's inhabitants. This book presents a series of thought-provoking chapters which consider the place of governance and law in the defence against imminent and ongoing threats to ecological, social and cultural integrity. Written by an international team of both established and early-career scholars from various disciplines and backgrounds, the chapters cover the most pressing and contemporary issues in environmental law and governance. These include access and benefit-sharing; the right to food and water; climate change coping and adaptation; human rights; the rights of indigenous communities; public and environmental health; and many more. The book has a general focus on environmental governance and law in the European Union and offers points of comparison with Canada and North and South America.

Global Environmental Governance

Author : Louis J. Kotzé
Publisher : Edward Elgar Publishing
Page : 361 pages
File Size : 42,8 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781002537

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Global Environmental Governance by Louis J. Kotzé Pdf

ÔThis book is a novel, sophisticated, broad ranging and insightful study of the idea of global environmental governance but from a legal dimension and perspective. While recognising that concepts and ideas used to describe governance are generally abstract, vague and slippery, this project brings clarity to the field by being theoretically informed, contextually sensitive and pragmatically circumscribed. Its conclusions and arguments open up a field of inquiry that has to be genuinely interdisciplinary and in that sense has great potential to contribute to a better understanding of environmental themes and issues. This book is destined to become a landmark for legal academics who will write about environmental governance in that its concern is with the global governance of nature rather than a text that uses the environment as a pretext for understanding governance. It is well written, easy and enjoyable to read and while it traverses through diverse bodies of literature it manages to effectively communicate with a variety of scholarly communities.Õ Ð Afshin Akhtarkhavari, Griffith Law School, Australia ÔFourth generation global environmental regulation attempts to address the complex realities of an interconnected environment, global environmental problems and collective regulatory responses. It merits conceptual clarity. Louis KotzŽ reveals the legal contours and content of global environmental governance by chipping away such parts of the conceptual marble block as are not needed. For the environmental lawyer, it is a welcome Ð and much needed Ð process of elimination. This book provides a toolkit for lawyers to engage critically with the extra-legal concept of environmental governance. Its scrutiny and careful analysis contribute meaningfully to the environmental discourse.Õ Ð Christine Voigt, University of Oslo, Norway ÔGlobal Environmental Governance is a truly important book. Drawing on a multitude of disciplines, award-winning environmental law Professor Louis KotzŽ masterfully explains the emerging concept of Òglobal environmental governanceÓ and its elements of globalism, environmental law, regulation, and governance theory. He makes a compelling case that the world has outgrown the ÒsustainabilityÓ model and moved toward this more all-encompassing approach to environmental regulation. This admirable book makes global environmental governance theory understandable and pertinent so environmental leaders, lawyers, and regulators can engage comfortably with this new vision for an ecologically and economically healthy world.Õ Ð George (Rock) Pring, University of Denver Sturm College of Law, US ÔThis book, in examining the relationship between global environmental governance and environmental law, provides an important and timely contribution to the quest to fashion a more viable approach to regulating the relationship between humanity and the environment. While the term ÒgovernanceÓ is much employed in international environmental law scholarship, its conceptual underpinnings have not, on the whole, been adequately addressed in the legal sphere and understanding of the symbiotic relationship between the two areas has suffered as a result. This book makes a welcome start to tackling these issues and, it is to be hoped, will trigger renewed vigour in this socially and legally vital area of inquiry.Õ Ð Karen Morrow, University of Swansea, Wales, UK ÔFor years, scholars of international law and international relations have developed parallel literatures. In Global Environmental Governance, Louis KotzŽ offers a common conceptual, theoretical, and normative ground in the global environmental field. As a skillful lawyer, he dissects terminology, explains core assumptions, and constructs causal chains. But he does not stop there. His shrewd analysis of power and authority, individual incentives and collective action, management and regulation builds a bridge between law and politics as disciplines concerned about what global environmental governance is and how it can be improved.Õ Ð Maria Ivanova, University of Massachusetts, US ÔIn search of shelter from the buffeting blasts of climate change, biodiversity loss, resource depletion, famine and disease, states and public agencies, community representatives, resource users, advocacy networks and citizens huddle together under the vast and varied institutional umbrellas of environmental governance. Louis KotzŽÕs innovative study systematically describes the role of environmental law as the springs, stretchers, ribs and handles of the decision-making umbrellas we so desperately hope will hold firm when they are opened up in times of need.Õ Ð Jamie Benidickson, University of Ottawa, Canada ÔThe concept of Òglobal environmental governanceÓ has been part of the lexicon in accounts of global environmental politics for some time. Yet to date it has escaped comprehensive assessment from a legal perspective. This groundbreaking work fills this gap in the literature. It offers a masterful analysis of the theoretical underpinnings of the environmental governance, and highlights the critical importance of environmental regulation in ensuring that environmental governance lives up to its promise as a means for achieving truly ecologically sustainable development.Õ Ð Tim Stephens, University of Sydney, Australia This timely book brings much-needed clarity to the concept of Ôenvironmental governanceÕ as manifested in the global regulatory domain. The author argues that despite being used as a fashionable term by many Ð including economists, political scientists, environmentalists and, increasingly, lawyers Ð its theoretical contours and conceptual content remain unclear, incoherent, and inconsistent. In addressing this problem, the book begins by describing globalization as a general context of governance. It comprehensively interrogates and clarifies both the governance and global governance concepts, and then explains aspects and components of global environmental governance. Finally it investigates the role of law in global environmental governance. Providing a much-needed definition of environmental governance and global environmental governance, this comprehensive study will appeal to academics and researchers, post-graduate and under-graduate students, intergovernmental organizations such as UNEP, WTO, IUCN, as well as governments and governmental agencies involved with environmental regulation.

Emerging Principles of International Environmental Law

Author : Sumudu Atapattu
Publisher : BRILL
Page : 564 pages
File Size : 47,6 Mb
Release : 2007-04-30
Category : Law
ISBN : 9789047440147

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Emerging Principles of International Environmental Law by Sumudu Atapattu Pdf

Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity.

Environmental Law and Policy

Author : Zygmunt J.B. Plater,Robert H Abrams,Robert L Graham,Lisa Heinzerling,Noah D. Hall
Publisher : Aspen Publishing
Page : 1520 pages
File Size : 45,8 Mb
Release : 2016-06-20
Category : Law
ISBN : 9781454880141

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Environmental Law and Policy by Zygmunt J.B. Plater,Robert H Abrams,Robert L Graham,Lisa Heinzerling,Noah D. Hall Pdf

Environmental Law & Policy: Nature, Law & Society is a coursebook designed to access the law of environmental protection through a “taxonomic” approach, exploring the range of legal structures and legal methodologies of the field—rather than simply designing it according to air, water, toxics, etc. as subject media (which often results in duplicative legal coverage). All the major subject areas of pollution and resource conservation are covered, but they are covered according to the legal approaches they represent. The book is “Saxist,” because it originally arose and continues to carry on themes from the teaching, guidance, and writings of the late Joseph Sax, the eminent pioneer of the environment law field who emphasized the interaction between common law and public law statutory structures, and introduced the public trust doctrine as a thread undergirding and running through the entire field of environmental law. Key Features: Includes teaching analysis of the completely-revised Toxics Substances Control Act by co-author Robert Graham, Esq. of Jenner & Block who is advising corporate clients on the new law. Coverage of the Dec 2015 Paris COP-21 climate agreement in its several different aspects, incorporating analysis by coauthor Prof David Wirth who played an active role in international preparations for the Paris accord. Expanded material on carbon pricing, until recently widely thought to be a politically impossible alternative avenue for mitigation of global climate disruption. Tracking major recent revisions in toxic substance regulation, with essential comparisons to the current European model of market access chemical regulation. An updated guide through the complexities of tensions between private property rights and environmental protections, and an innovative clarification of recent Supreme Court caselaw. An innovative chapter on official “planning”— a basic and problematic element of environmental governance, whether at the local level or national public lands level. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

Environmental Protection

Author : Robert L. Glicksman,David L. Markell,William W. Buzbee,Daniel R. Mandelker,Daniel Bodansky
Publisher : Aspen Publishing
Page : 1757 pages
File Size : 48,6 Mb
Release : 2019-02-15
Category : Law
ISBN : 9781543812718

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Environmental Protection by Robert L. Glicksman,David L. Markell,William W. Buzbee,Daniel R. Mandelker,Daniel Bodansky Pdf

Environmental Protection: Law and Policy, widely respected for its intellectual breadth and depth, is an interdisciplinary and international overview of the fundamental issues of Environmental Law, incorporating history, theory, litigation, regulation, policy, science, economics, and ethics. It includes a complete introduction to the history of environmental protection; laws and regulations; regulatory design strategies; policy objectives; and analysis of constitutional federalism and related policy questions concerning the design and implementation of environmental protection programs. Coverage includes the major federal pollution control laws (the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA, and more); climate change (a chapter discussing important scientific, policy, and program design questions); natural resource management issues (two chapters focusing on the National Environmental Policy Act and the Endangered Species Act); and national forest management. New to the Eighth Edition: Thoroughly updated coverage, including how various actors—Congress, the President, political and career staff at agencies such as EPA, and regulatory beneficiaries—influence shifts in environmental law and policy, including Trump Administration initiatives that raise novel administrative and environmental law issues that have been or are likely to be addressed by the courts Coverage of evolving agency approaches to the scope of Clean Water Act mandates through repeal of or revisions to the "waters of the United States" rule, and of controversies surrounding the Trump Administration's climate change policies, including repeal of the Clean Power Plan and its announced withdrawal from the 2015 Paris climate agreement to which virtually every other nation is a party Inclusion of new principal cases such as the Supreme Court's decision in Michigan v. EPA, which addressed the role of cost in regulation, and the Third Circuit's decision in American Farm Bureau Federation v. EPA, which involved implementation of the total maximum daily load program under the Clean Water Act Comprehensive treatment of 2016 amendments to the Toxic Substances Control Act, the first major revisions to a core environmental statute enacted by Congress in 20 years Treatment of compliance and enforcement issues and their importance to the development and implementation of environmental law Coverage of ongoing controversial litigation in courts throughout the country on application of the public trust doctrine to force government action to mitigate climate change through controls on greenhouse gas emissions Professors and students will benefit from: Thorough and nuanced treatment of the history of environmental protection, existing laws, regulations, and cases, regulatory design strategies, and current and developing policy objectives Broad-based international and interdisciplinary approach incorporating science, economics, and ethics Coverage of major federal pollution control laws Landmark and cutting-edge cases Notes and questions Charts and graphics Numerous exercises and problems Distinguished authorship with extensive practical, scholarly, and teaching experience