The Law And Policy Of Environmental Federalism Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Law And Policy Of Environmental Federalism book. This book definitely worth reading, it is an incredibly well-written.
The Law and Policy of Environmental Federalism by Kalyani Robbins Pdf
How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.
Passing the Buck is the first in-depth study of the impact of federalism on Canadian environmental policy. The book takes a detailed look at the ongoing debate on the subject and traces the evolution of the role of the federal government in environmental policy and federal-provincial relations concerning the environment from the late 1960s to the early 1990s. The author challenges the widespread assumption that federal and provincial governments invariably compete to extend their jurisdiction. Using well-researched case studies and extensive research to support her argument, the author points out that the combination of limited public attention to the environment and strong opposition from potentially regulated interests yields significant political costs and limited political benefits. As a result, for the most part, the federal government has been content to leave environmental protection to the provinces. In effect, the federal system has allowed the federal government to pass the buck to the provinces and shirk the political challenge of environmental protection.
Author : Henry N. Butler,Jonathan R. Macey Publisher : American Enterprise Institute Page : 84 pages File Size : 43,6 Mb Release : 1996 Category : Business & Economics ISBN : 0844739634
Using Federalism to Improve Environmental Policy by Henry N. Butler,Jonathan R. Macey Pdf
The centralisation of environmental regulation has led to inflexibility on America's federal government as it attempts to respond to various problems. This analysis of current policies proposes a restructuring of the environmental regulatory authority to lead to better environmental enforcement.
Robert L. Glicksman,David L. Markell,William W. Buzbee,Daniel R. Mandelker,Daniel Bodansky
Author : Robert L. Glicksman,David L. Markell,William W. Buzbee,Daniel R. Mandelker,Daniel Bodansky Publisher : Aspen Publishing Page : 1757 pages File Size : 45,6 Mb Release : 2019-02-15 Category : Law ISBN : 9781543812718
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
Navigating Climate Change Policy by Edella Schlager,Kirsten Engel,Sally Rider Pdf
This timely volume challenges the notion that because climate change is inherently a global problem, only coordinated actions on a global scale can lead to a solution. It considers the perspective that since climate change itself has both global and local causes and implications, the most effective policies for adapting to and mitigating climate change must involve governments and communities at many different levels. Federalism—the system of government in which power is divided among a national government and state and regional governments—is well-suited to address the challenges of climate change because it permits distinctive policy responses at a variety of scales. The chapters in this book explore questions such as what are appropriate relationships between states, tribes, and the federal government as each actively pursues climate-change policies? How much leeway should states have in designing and implementing climate-change policies, and how extensively should the federal government exercise its preemption powers to constrain state activity? What climate-change strategies are states best suited to pursue, and what role, if any, will regional state-based collaborations and associations play? This book examines these questions from a variety of perspectives, blending legal and policy analyses to provide thought-provoking coverage of how governments in a federal system cooperate, coordinate, and accommodate one another to address this global problem. Navigating Climate Change Policy is an essential resource for policymakers and judges at all levels of government who deal with questions of climate governance. It will also serve as an important addition to the curriculum on climate change and environmental policy in graduate and undergraduate courses and will be of interest to anyone concerned with how the government addresses environmental issues.
Environmental Justice and Federalism by Dennis C. Cory,Tauhidur Rahman,Satheesh V. Aradhyula Pdf
Within the United States, minority and low-income communities currently bear a disproportionate amount of risk associated with pollution and other harmful environmental practices. The environmental justice movement is working to change this fact, promoting the fair and non-discriminatory treatment of all people with respect to environmental issues, policies, and regulations. This fascinating and timely volume explores the relationship between environmental justice and the government, offering a comprehensive introduction to the legal, economic, and philosophical concerns involved in pursuing environmental justice goals within a federalist system. The authors discuss two case studies in their investigation of the complex interactions between environmental justice and government. These analyses offer a comprehensive view of both the siting and regulation of polluting activities, as well as a discussion of the effects on major natural resources such as clean air and drinking water. In each case, the authors both describe current government responses to the problem and offer specific recommendations regarding what actions should be taken in the future. This authoritative book will make an invaluable addition to courses in environmental law and policy. Professionals and policymakers working in disciplines such as law, economics, environmental science, philosophy and political science will also find this a comprehensive and critical reference.
Proven strengths include: - a thorough and nuanced treatment of the history of environmental protection, existing laws and regulations, and current and developing policy objectives - a distinguished author team with extensive practical, scholarly, and teaching experience - an approach that is broad-based, international, and interdisciplinary and incorporates science, economics, and ethics - organization of principal cases, text, questions, problems, and other materials into teachable units - a pedagogy that includes extensive explanatory text supported by cases, accessible notes offering basic information and alternative and supplementary perspectives, supporting charts and other graphics, and numerous exercises and problems Look for important new material in the Fifth Edition: - a new chapter on Environmental Federalism addresses recurring questions concerning how the U.S. Constitution and the environmental statutes allocate authority to adopt, implement, and enforce environmental law between the federal and state governments - a new chapter on International Environmental Law - greatly expanded coverage of global climate change, and biodiversity protection through federal land management and implementation of the Endangered Species Act - increased emphasis in the introductory chapter on the common law component of environmental law, as well as consolidated materials examining economic perspectives on environmental harms and regulatory approaches - examination of new legislation that amends the scope of the National Environmental Policy Act and of new recommendations by the Council on Environmental Quality on how to improve implementation of thestatute - new principal and notes cases, including the Supreme Court's 2006 decision in Rapanos (scope of the Clean Water Act's dredge/fill permit program); Norton v. Southern Utah Wilderness Alliance (availability of judicial review of agency failures to act); Cooper Industries v. Aviall Services (availability of contribution actions under Cercla); Alaska Dec v. Epa (concerning EPA's authority to review state implementation of the PSD program under the Clean Air Act); the D.C. Circuit's 2005 decision concerning the EPA's authority to regulate greenhouse gas emissions under the Clean Air Act and the same court's 2005 and 2006 decisions in New York v. EPA (concerning the scope of the Clean Air Act's new source review program); recent lower court decisions concerning the Endangered Species Act's critical habitat designation and no jeopardy provisions - completely revised Teacher's Manual Other improvements to the Fifth Edition include: - enhanced accessibility through textual and diagrammatic summaries of the principal bodies of law and expanded use of problems to illustrate how the environmental laws operate in concrete situations - improved teachability with new materials that set up a hypothetical problem or principal case by highlighting key statutory provisions, and linking regulatory materials, and cases that facilitate class analysis of an environmental problem
Environmental Federalism by Terry Lee Anderson,Peter Jensen Hill Pdf
For over a quarter century, the federal government has been the primary determinant of environmental regulation and policy. The contributors to this volume provide a wide variety of strategies to challenge what they consider to be Washington's unsophisticated, ineffective, and harmful approaches. The original essays demonstrate how states can improve environmental regulations as they apply to land, water, wildlife, and pesticides, and they provide a general framework for how states can regain control of their environmental destiny. Important reading for anyone interested in environmental policy studies.
Federalism and the Tug of War Within by Erin Ryan Pdf
As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
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.
Environmental Policy and Fiscal Federalism by Wallace E. Oates Pdf
Wally Oates is one of the most important scholars in both environmental economics and public finance and this new volume of his essays collects together his best recent research in both these areas, covering theory, research and policy. The first half of the book includes papers on the political economy of environmental policy, the analysis of environmental regulation and environmental federalism. The second half deals with fiscal and regulatory competition, state and local government finance and fiscal federalism. This new collection will be essential reading for scholars and students in both environmental economics and public finance.
The Rules of Federalism by R. Daniel. KELEMEN,R. Daniel Kelemen Pdf
This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School
Environmental Law in a Nutshell by Roger W. Findley,Daniel A. Farber Pdf
Judicial Review of Government Decisions; Judicial Role in Environmental Law; National Environmental Policy Act; Federalism and the Environment; Scope of Federal Power; Commerce Clause Restrictions on State Power; Federal Preemption; Pollution Control; Common Law Remedies; Regulation Under the Clean Air Act; Regulation Under the Clean Water Act; Economic Incentives for Environmental Protection; Risk Management and Scientific Uncertainty; Introduction to Risk Assessment and Risk Management; Judicial Views Concerning Management of Uncertain Risks; Control of Toxic Substances; Regulating the Sale of Toxic Substances; Toxic Substances Under the General Pollution Statutes; Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation and Liability Act; Common Law Remedies; Preservation of Natural Areas; Preservation as a Goal; Restrictions on Development of Private Land; Protecting Coastal Waters; Protecting of Public Lands; Preserving Endangered Species.
