Reinventing Environmental Enforcement And The State Federal Relationship

Author : Clifford Rechtschaffen,David L. Markell
Publisher : Environmental Law Institute
Page : 468 pages
File Size : 47,6 Mb
Release : 2003
Category : Environmental law
ISBN : 1585760439

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Reinventing Environmental Enforcement and the State/federal Relationship by Clifford Rechtschaffen,David L. Markell Pdf

One of the most controversial issues in environmental law and policy-and one that of considerable importance to the EPA-is the allocation of power and authority between the federal and state governments. The recent evolution in approaches of environmental enforcement highlights many of the tensions inherent in this debate. During the past several years, the federal and state governments have spent a good deal of energy attempting to "reinvent" their relationship. The shifts in federal/state enforcement relations are highly significant, with the potential to fundamentally reorder the division of authority that has existing over the past 25 years. This book thoroughly documents the changing nature of federal/state relations in enforcing environmental law. It breaks new ground in analyzing the federal/state enforcement relationship, particularly in light of the many recent developments that have occurred in this area. The author's findings provide important lessons about the interplay between federal and state efforts in other regulatory areas, and for the structure of federal/state relations generally. Professors Rechtschaffen's and Markell's clear, in-depth analysis will be essential reading for legal and regulatory experts, attorneys who are involved in environmental enforcement matters, the judiciary, legislators, political scientists, public policy experts, and anyone with an interest in environmental law and policy.

Author : Mariachiara Alberton,Francesco Palermo
Publisher : Martinus Nijhoff Publishers
Page : 557 pages
File Size : 49,9 Mb
Release : 2012-10-04
Category : Law
ISBN : 9789004235243

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Environmental Protection in Multi-Layered Systems by Mariachiara Alberton,Francesco Palermo Pdf

The book aims at understanding the current distribution and use of powers over the environment among various layers of government and their consequences on environmental protection, comparing federal, regional and unitary State models and drawing theoretical and practical consequences.

Author : Joel A. Mintz
Publisher : University of Texas Press
Page : 324 pages
File Size : 40,8 Mb
Release : 2012-04-01
Category : Political Science
ISBN : 9780292728400

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Enforcement at the EPA by Joel A. Mintz Pdf

The only published work that treats the historical evolution of EPA enforcement, this book provides a candid inside glimpse of a crucial aspect of the work of an important federal agency. Based on 190 personal interviews with present and former enforcement officials at EPA, the U.S. Department of Justice, and key congressional staff members—along with extensive research among EPA documents and secondary sources—the book vividly recounts the often tumultuous history of EPA’s enforcement program. It also analyzes some important questions regarding EPA’s institutional relationships and the Agency’s working environment. This revised and updated edition adds substantial new chapters examining EPA enforcement during the Clinton and George W. Bush administrations. Its treatment of issues of civil service decline and the applicability of captive agency theory is also new and original.

Author : United States. Congress. House. Committee on Commerce. Subcommittee on Oversight and Investigations
Publisher : Unknown
Page : 120 pages
File Size : 52,5 Mb
Release : 1997
Category : Law
ISBN : PSU:000031632959

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The Federal-state Relationship by United States. Congress. House. Committee on Commerce. Subcommittee on Oversight and Investigations Pdf

Author : Carl Bruch,United Nations Environment Programme
Publisher : UNEP/Earthprint
Page : 796 pages
File Size : 51,5 Mb
Release : 2006
Category : Law
ISBN : 9280727036

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Manual on Compliance with and Enforcement of Multilateral Environmental Agreements by Carl Bruch,United Nations Environment Programme Pdf

This Manual expands upon Guidelines on Compliance with and Enforcement of MultilateralEnvironmental Agreements (MEAs). Many States participated in the developmentand negotiation of the Guidelines, which were adopted by the UNEP GoverningCouncil in 2002. While this Manual is not a negotiated document, it also is the result ofa collaborative process involving a wide range of numerous individuals around the world.These people assisted in drafting case studies and other contributions, reviewing the text,and suggesting substantive and formatting changes.

Author : Robert L. Glicksman,David L. Markell,William W. Buzbee,Daniel R. Mandelker,Daniel Bodansky
Publisher : Aspen Publishing
Page : 1757 pages
File Size : 40,5 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

Author : Robert T. Nakamura,Thomas W. Church
Publisher : Rowman & Littlefield
Page : 172 pages
File Size : 54,8 Mb
Release : 2003-10-27
Category : Law
ISBN : 0815796161

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Taming Regulation by Robert T. Nakamura,Thomas W. Church Pdf

Despite three decades of vigorous efforts at deregulation across the government, regulation remains ubiquitous. It also continues to be unpopular because it forces individuals and businesses to do things—frequently costly and unpleasant things—that they don't want to do. If regulatory programs are to survive and remain effective, the challenge posed by their endemic unpopularity and political vulnerability must be met. Unlike much of the existing literature on regulation, Taming Regulation begins with the assumption that the government's capacity to utilize regulation as a policy tool is vital. The book examines the questions of how to make the inherently coercive aspects of regulation more politically acceptable in the present antiregulatory environment and how the legal and administrative challenges of reform in ongoing regulatory programs might best be approached. The authors explore these issues through a case study of administrative reform in the Superfund program. Chartered with an ambitious mission to clean up the nation's hazardous waste sites, Superfund was from its inception a uniquely aggressive and unpopular program. Yet despite the election in 1994 of a Republican Congress committed to fundamental changes in environmental regulation, the Superfund program weathered the storm and remains intact today. The authors credit this political and programmatic success to a series of artfully designed and orchestrated internal reforms that softened Superfund's implementation, thus increasing its political support while retaining its potent coercive tools. Taming Regulation provides a cautionary discussion of both the necessity and the difficulty of regulatory reform. It is essential reading for students of regulation and environmental policy, for practitioners contemplating reform of ongoing regulatory programs, and for those interested in the checkered history of Superfund.

Author : Anonim
Publisher : Unknown
Page : 856 pages
File Size : 55,5 Mb
Release : 2002
Category : Environmental law
ISBN : STANFORD:36105063883990

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The Environmental Forum by Anonim Pdf

Author : Dietrich H. Earnhart,Robert L. Glicksman
Publisher : Stanford University Press
Page : 336 pages
File Size : 51,7 Mb
Release : 2011-04-14
Category : Business & Economics
ISBN : 9780804777605

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Pollution Limits and Polluters’ Efforts to Comply by Dietrich H. Earnhart,Robert L. Glicksman Pdf

This book integrates the fields of economics and law to empirically examine compliance with regulatory obligations under the Clean Water Act (CWA). It examines four dimensions of federal water pollution control policy in the United States: limits imposed on industrial facilities' pollution discharges; facilities' efforts to comply with pollution limits, identified as "environmental behavior"; facilities' success at controlling their discharges to comply with pollution limits, identified as "environmental performance"; and regulators' efforts to induce compliance via inspections and enforcement actions, identified as "government interventions." The authors gather and analyze data on environmental performance and government interventions from Environmental Protection Agency (EPA) databases, and data on environmental behavior gathered from their own survey of all 1,612 chemical manufacturing facilities permitted to discharge wastewater in 2002. By analyzing links between critical elements in the puzzle of enforcement of and compliance with environmental protection laws, the text speaks to several important, policy-relevant research questions: Do government interventions help induce better environmental behavior and/or better environmental performance? Do tighter pollution limits improve environmental behavior and/or performance? And, does better environmental behavior lead to better environmental performance?

Author : Richard J. Lazarus
Publisher : University of Chicago Press
Page : 462 pages
File Size : 49,6 Mb
Release : 2023-02-15
Category : Law
ISBN : 9780226695594

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The Making of Environmental Law by Richard J. Lazarus Pdf

An updated and passionate second edition of a foundational book. How did environmental law first emerge in the United States? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular? Since its first edition, The Making of Environmental Law has been foundational to our understanding of these questions. For the second edition, Richard J. Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, Lazarus provides a theoretical overview of the challenges that environmental protection poses for lawmaking, related to both the distinctive features of US lawmaking institutions and the spatial and temporal dimensions of ecological change. The book explains why environmental law emerged in the manner and form that it did in the 1970s and traces how it developed over sequent decades through key laws and controversies. New chapters, composing more than half of the second edition, examine a host of recent developments. These include how Congress dropped out of environmental lawmaking in the early twenty-first century; the shifting role of the judiciary; long-overdue efforts to provide environmental justice to disadvantaged communities; and the destabilization of environmental law that has resulted from the election of Presidents with dramatically clashing environmental policies. As the nation’s partisan divide has grown deeper and the challenge of climate change has dramatically raised the perceived stakes for opposing interests, environmental law is facing its greatest challenges yet. This book is essential reading for understanding where we have been and what challenges and opportunities lie ahead.

Author : Virginia Gray,Russell L. Hanson,Thad Kousser
Publisher : CQ Press
Page : 953 pages
File Size : 44,9 Mb
Release : 2017-03-10
Category : Political Science
ISBN : 9781506363660

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Politics in the American States by Virginia Gray,Russell L. Hanson,Thad Kousser Pdf

Winner of the 2017 Mac Jewell Enduring Contribution Award of the APSA's State Politics and Policy Section. Politics in the American States, Eleventh Edition, brings together the high-caliber research you expect from this trusted text, with comprehensive and comparative analysis of the 50 states. Fully updated for all major developments in the study of state-level politics, including capturing the results of the 2016 elections, editors Virginia Gray, Russell L. Hanson, and Thad Kousser bring insight and uncover the impact of key similarities and differences on the operation of the same basic political systems. Students will appreciate the book’s glossary, the fully up-to-date tables and figures, and the maps showcasing comparative data.

Author : Paddock, Lee
Publisher : Edward Elgar Publishing
Page : 212 pages
File Size : 48,9 Mb
Release : 2021-09-21
Category : Law
ISBN : 9781789902204

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Advanced Introduction to Environmental Compliance and Enforcement by Paddock, Lee Pdf

This Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, LeRoy C. Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced.

Author : David M. Konisky
Publisher : MIT Press
Page : 293 pages
File Size : 52,6 Mb
Release : 2015-03-27
Category : Political Science
ISBN : 9780262527354

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Failed Promises by David M. Konisky Pdf

A systematic evaluation of the implementation of the federal government's environmental justice policies. In the 1970s and 1980s, the U.S. Congress passed a series of laws that were milestones in environmental protection, including the Clean Air Act and the Clean Water Act. But by the 1990s, it was clear that environmental benefits were not evenly distributed and that poor and minority communities bore disproportionate environmental burdens. The Clinton administration put these concerns on the environmental policy agenda, most notably with a 1994 executive order that called on federal agencies to consider environmental justice issues whenever appropriate. This volume offers the first systematic, empirically based evaluation of the effectiveness of the federal government's environmental justice policies. The contributors consider three overlapping aspects of environmental justice: distributive justice, or the equitable distribution of environmental burdens and benefits; procedural justice, or the fairness of the decision-making process itself; and corrective justice, or the fairness of punishment and compensation. Focusing on the central role of the Environmental Protection Agency, they discuss such topics as facility permitting, rulemaking, participatory processes, bias in enforcement, and the role of the courts in redressing environmental injustices. Taken together, the contributions suggest that—despite recent environmental justice initiatives from the Obama administration—the federal government has largely failed to deliver on its promises of environmental justice. Contributors Dorothy M. Daley, Eileen Gauna, Elizabeth Gross, David M. Konisky, Douglas S. Noonan, Tony G. Reames, Christopher Reenock, Ronald J. Shadbegian, Paul Stretesky, Ann Wolverton

Author : Robin Morris Collin
Publisher : Bloomsbury Publishing USA
Page : 598 pages
File Size : 54,5 Mb
Release : 2008-07-30
Category : Science
ISBN : 9780313082405

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Battleground: Environment [2 volumes] by Robin Morris Collin Pdf

The environment inflames passions in people on all points of the political spectrum. Controversies over such issues as the rise of cancer in industrialized countries, climate change, and urban sprawl have skyrocketed as we recognize the impact that humans have on the environment. Many people become immersed in these controversies at a local level before they know much about the topic - the nuances of many environmental conflicts are often overlooked as the media focuses on the adversarial nature of the conflict. This reference resource provides students, teachers, librarians, and citizens as a whole with the necessary first step in understanding these hot-button issues. Each entry identifies the issue involved, who was holding various points of view or positions, where and when the conflict occurred, and explains the cultural, social, and political context and dimensions of the conflict. Battleground: Environment provides in-depth analysis of over 100 of the most controversial topics involving the environment, including childhood asthma, the Kyoto Summit and Treaty, smart growth, the Three Gorges Dam in China, and genetically modified food. Entries include descriptions of public policies and discussions of the future of the controversy. Each entry concludes with cross references and a short, relevant bibliography suitable for student research. The resource includes numerous sidebars that discuss in detail particular local controversies that illuminate the complexity of the topics discussed.

Author : Emma Lees,Jorge E. Viñuales
Publisher : Oxford Handbooks
Page : 1316 pages
File Size : 51,6 Mb
Release : 2019-04
Category : Law
ISBN : 9780198790952

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Oxford Handbook of Comparative Environmental Law by Emma Lees,Jorge E. Viñuales Pdf

This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. 0The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.