The Making Of Environmental Law

Author : Richard J. Lazarus
Publisher : University of Chicago Press
Page : 462 pages
File Size : 55,8 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 : PAUL. MULDOON
Publisher : Unknown
Page : 128 pages
File Size : 49,9 Mb
Release : 2020
Category : Electronic
ISBN : 177255572X

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INTRODUCTION TO ENVIRONMENTAL LAW AND POLICY IN CANADA. by PAUL. MULDOON Pdf

Author : Lesley McAllister
Publisher : Stanford University Press
Page : 288 pages
File Size : 43,6 Mb
Release : 2008-05-30
Category : Law
ISBN : 9780804758239

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Making Law Matter by Lesley McAllister Pdf

Making Law Matter presents the first book-length treatment of an innovative prosecutorial institution, the Brazilian Ministrio Publico, which refashioned itself in the 1980s into a powerful defender of citizen rights in environmental protection, as well as in other areas of public interest such as disability rights, consumer protection, and anti-corruption.

Author : Tim Jewell,Jenny Steele
Publisher : Oxford University Press
Page : 338 pages
File Size : 44,5 Mb
Release : 1998
Category : Law
ISBN : 0198260776

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Law in Environmental Decision-making by Tim Jewell,Jenny Steele Pdf

This collection of essays adopts a distinctive approach to environmental legal issues. The contributors represent a variety of specialisations, ranging from public law to international law and international relations. Some essays are written from within a UK domestic law perspective, butothers adopt a broadly comparative, supra-national or international approach.The contributors do not assume that problems and solutions in 'environmental law' should be perceived as wholly distinct from the preoccupations of existing legal specialisms. New and proposed legal responses inevitably build on or employ established legal techniques, rather than startingcompletely afresh. The contributors do however, regard environmental problems as posing or at least illuminating significant challenges to received patterns of legal thought. In the light of this, the contributors therefore investigate aspects of law's influnce in environmental decision-making, andconsider whether legal institutions and forms of thought can respond adequately to the challenge of environmental change.

Author : A. Dan Tarlock,John C. Dernbach
Publisher : EOLSS Publications
Page : 466 pages
File Size : 52,6 Mb
Release : 2009-11-25
Category : Electronic
ISBN : 9781848261136

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Environmental Laws and Their Enforcement - Volume I by A. Dan Tarlock,John C. Dernbach Pdf

Environmental Laws and Their Enforcement is a component of Encyclopedia of Social Sciences and Humanities in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The volume on Environmental Laws and Their Enforcement deals, in two volumes , with a myriad of issues of great relevance to our world such as: Sustainable Development and National Governance; History of Environmental Law; International Environmental Law; Constitutional Law; International Binding Mechanisms; Laws Governing Freshwater and Ground Water Pollution; Forestry; Biodiversity Conservation and Endangered Species Protection; International Guidelines and Principles; Compliance Models for Enforcement of Environmental Laws And Regulations; International Environmental Law; Life Support Systems: Law and Policy; The Principle of Sustainable Development in International Development Law; Environmental Pollution Regulations; Social Concerns for Environmental Exposures to Toxic Substances; Regulation of Air and Pollutants. These volumes are aimed at the following five major target audiences: University and College Students, Educators, Professional Practitioners, Research Personnel and Policy Analysts, Managers, and Decision Makers and NGOs.

Author : Pierre-Marie Dupuy,Jorge E. Viñuales
Publisher : Cambridge University Press
Page : 597 pages
File Size : 49,8 Mb
Release : 2018-06-07
Category : Law
ISBN : 9781108423601

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International Environmental Law by Pierre-Marie Dupuy,Jorge E. Viñuales Pdf

A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.

Author : Dionysia-Theodora Avgerinopoulou
Publisher : Springer Nature
Page : 419 pages
File Size : 54,8 Mb
Release : 2019-08-31
Category : Law
ISBN : 9783030214173

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Science-Based Lawmaking by Dionysia-Theodora Avgerinopoulou Pdf

The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future.

Author : Jerry Linn Anderson,Dennis Daniel Hirsch,Noah Sachs,Edmund J. Tormey
Publisher : Unknown
Page : 0 pages
File Size : 49,6 Mb
Release : 2018
Category : Environmental law
ISBN : 1531005314

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Environmental Law Practice by Jerry Linn Anderson,Dennis Daniel Hirsch,Noah Sachs,Edmund J. Tormey Pdf

Adopted at dozens of law schools, this book is a valuable resource for imparting practical skills. Authors Anderson, Hirsch, Sachs, and Tormey have drawn on their wide experience as environmental law professors and practitioners to develop realistic exercises that teach the craft of environmental lawyering. Readers will learn how to bring a federal enforcement action against a polluter; negotiate a Superfund settlement; prepare documents and strategy for a citizen's suit; counsel a corporation on environmental compliance; navigate the issues that arise in government agency litigation (e.g., limits on discovery, standards of review); comment on EPA rule making; and handle environmental issues that arise in permitting a complex real estate development, as well as many other relevant skills. Updated and expanded, the fourth edition of Environmental Law Practice is comprehensive in scope. It contains problems and exercises under each of the major environmental statutes. In addition, it places readers in the three key roles played by environmental lawyers--government attorney, corporate counsel, and public interest advocate--and provides practice pointers for each of these types of work. The book makes extensive use of original documents such as statutes, the Code of Federal Regulations (CFR), regulatory preambles, and agency guidance, exposing students to the materials that environmental lawyers use most. This book covers the most significant areas of environmental practice: compliance, enforcement, litigation, permitting, and policy. It gives in-depth treatment of substantive environmental law areas such as the Clean Air Act, Clean Water Act, CERCLA, RCRA, EPCRA, NEPA, and citizen suits. It incorporates current developments in environmental law, such as recent Supreme Court and circuit court cases. Of the many books on environmental law, Environmental Law Practice is the one to use to develop the skills to become a practice-ready environmental attorney.

Author : Richard J. Lazarus
Publisher : Belknap Press
Page : 369 pages
File Size : 40,9 Mb
Release : 2020
Category : Law
ISBN : 9780674238121

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The Rule of Five by Richard J. Lazarus Pdf

A renowned Supreme Court advocate tells the inside story of Massachusetts v. EPA, the landmark case that made it possible for the EPA to regulate greenhouse gasses--from the Bush administration's fierce opposition, to the internecine conflicts among the petitioners, to the razor-thin 5-4 victory.

Author : Stuart Bell,Donald McGillivray,Ole Pedersen
Publisher : Oxford University Press
Page : 845 pages
File Size : 43,5 Mb
Release : 2013-05-09
Category : Law
ISBN : 9780199583805

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Environmental Law by Stuart Bell,Donald McGillivray,Ole Pedersen Pdf

This edition includes material on environmentalism and the law, international environmental law, access to environmental justice, noise pollution and new legislation on pollution prevention and new case law.

Author : Sandrine Maljean-Dubois (juriste))
Publisher : Unknown
Page : 0 pages
File Size : 40,9 Mb
Release : 2017
Category : Environmental law
ISBN : 1780684673

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The Effectiveness of Environmental Law by Sandrine Maljean-Dubois (juriste)) Pdf

This book is the third volume in the European Environmental Law Forum (EELF) book series. The EELF is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is an annual conference. This book is comprised of fifteen contributions presented at the Third EELF Conference in Aix-en-Provence, hosted by the Central European Research Infrastructure Consortium, at Aix-Marseille University, September 2015. The central topic of the book is the effectiveness of environmental law. The impressive development in environmental law has not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to our health have never been so numerous or serious. But paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields, combining empirical and theoretical approaches. The contributions go from classical-but still necessary-tools (control, criminal, administrative, civil sanctions, liability rules, strengthening of the regulatory structure, and the role of judges), to more innovative ones (public participation, effectiveness of instrument mixes, collaborative governance, hybrid governance, and private environmental enforcement). (Series: European Environmental Law Forum, Vol. 3) Subject: Environmental Law, European Law]

Author : Alyson C. Flournoy,David M. Driesen
Publisher : Cambridge University Press
Page : 305 pages
File Size : 40,8 Mb
Release : 2010-02-26
Category : Law
ISBN : 9781139486866

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Beyond Environmental Law by Alyson C. Flournoy,David M. Driesen Pdf

This book offers a vision for the third generation of environmental law designed to enhance its ability to protect our environment. The book presents two core proposals, an Environmental Legacy Act to preserve a defined environmental legacy for future generations and an Environmental Competition Statute to spark movement to new clean technologies. The first proposal would require, for the first time, that the federal government define an environmental legacy that it must preserve for future generations. The second would establish a market competition to maximize environmental protection. The balance of the book provides complementary proposals and analysis. The first generation of environmental law sought broad protection of health and the environment in a fairly fragmented way. The second sought to enhance environmental law's efficiency through cost-benefit analysis and market mechanisms. These proposals seek to create a broader, more creative approach to solving environmental problems.

Author : Ludwig Krämer,Emanuela Orlando
Publisher : Unknown
Page : 0 pages
File Size : 44,9 Mb
Release : 2018
Category : Environmental law
ISBN : 1785365657

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Principles of Environmental Law by Ludwig Krämer,Emanuela Orlando Pdf

Environmental law principles, such as the polluter pays, the precautionary principle or the common but differentiated responsibilities, have had a very important function in the shaping and evolution of the young sector of environmental law which has developed over the last fifty years. Yet, their status, content, binding force and functions in law remain largely uncertain. Forming a key part of the Elgar Encyclopedia of Environmental Law, this book examines the facets of environmental principles in international, national and regional law, as applied in different parts of the world and by a variety of courts. It assembles more than fifty contributions from all continents which clarify that, as the environment itself has no voice and cannot express its concerns, there is an overriding importance of scholars' active discussion of environmental principles. The book demonstrates that the necessity to preserve this planet requires a continuous, democratic discussion of values, objectives and concepts which are expressed in the numerous and continuously evolving environmental principles.

Author : Benjamin J. Richardson
Publisher : Hart Publishing
Page : 0 pages
File Size : 53,9 Mb
Release : 2023-10-05
Category : Electronic
ISBN : 9781509969029

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Before Environmental Law by Benjamin J. Richardson Pdf

This landmark book unveils the history of defending Australia's natural environment and examines the subject's legal and political contexts from the birth of the nation in 1901 until the advent of the modern era of environmental regulation in the late 1960s. Across nature conservation, pollution control, natural resources governance and other domains, this book reveals how many of today's environmental laws emerged from precedents or events much earlier in the 20th century.The history is told through analysis of the discrepancy between the far greater efficacy of lawmakers to exploit rather than protect the environment, a discrepancy that grew as nature's backlash intensified in a rapidly degrading continent colonised to build the Australian nation. In exploring these dynamics, the book offers a rich tapestry of case studies illustrated with historic photographs that show the origins of Australia's environmental laws and how they borrowed from international precedents or furnished lessons for other nations to consider.Through its multi-disciplinary enquiry, the book offers scholars and students of environmental law, legal history and the environmental humanities a unique story about the failures and successes in the making of environmental law.

Author : Tuomas Kuokkanen,Ed Couzens,Tuula Honkonen,Melissa Lewis
Publisher : Routledge
Page : 224 pages
File Size : 46,7 Mb
Release : 2016-01-29
Category : Law
ISBN : 9781317530251

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International Environmental Law-making and Diplomacy by Tuomas Kuokkanen,Ed Couzens,Tuula Honkonen,Melissa Lewis Pdf

Bringing together contributions from diplomats, UN agency officials, lawyers and academics, this book provides insight into the evolution of international environmental law, diplomacy and negotiating techniques. Based on first-hand experiences and extensive research, the chapters offer a blend of practice and theory, history and analysis, presenting a range of historical episodes and nuances and drawing lessons for future improvements to the processes of law-making and diplomacy. The book represents a synthesis of the most important messages to emerge from the annual course on Multilateral Environmental Agreements, delivered to diplomats and negotiators from around the world for the last decade by the University of Eastern Finland and the United Nations Environment Programme. The book will be of interest as a guide for negotiators and as a supplementary textbook and a reference volume for a wide range of students of law and environmental issues.