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Environmental Justice
Environmental justice is a significant and dynamic contemporary development in environmental law. Rechtschaffen, Gauna and new coauthor O'Neill provide an accessible compilation of interdisciplinary materials for studying environmental justice, interspersed with extensive notes, questions, and a teacher's manual with practice exercises designed to facilitate classroom discussion. It integrates excerpts from empirical studies, cases, agency decisions, informal agency guidance, law reviews, and other academic literature, as well as community-generated documents. This second edition includes new chapters addressing climate change, international environmental justice, and a capstone case study. It also adds expanded coverage of risk and the public health, empirical environmental justice research, and environmental justice for American Indian peoples.
Reinventing Environmental Enforcement and the State/federal Relationship
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 na...
Creative Common Law Strategies for Protecting the Environment
Publisher Description
Environmental Enforcement
This casebook is now availabe in paperback. To view the 2012 update supplement, click here. Environmental Enforcement is the first casebook devoted exclusively to environmental enforcement issues. Perfect for a specialized course or seminar, or as a supplement to existing survey courses, the book provides in-depth coverage of this emerging and dynamic field. Although literally thousands of attorneys in government, private practice, and public interest organizations are involved in environmental enforcement in all or nearly all of their practice, this subject too often receives only cursory treatment in traditional texts. This book introduces future lawyers to the full range of legal issues a...
The Making of Environmental Law
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 environment...
Enforcement at the EPA
A former EPA chief attorney traces the tumultuous history of the agency’s enforcement efforts from the Nixon through the second Bush administrations. 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—this 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 C...
Just Trade
In the mid-1940s, once the full impact of World War II was assessed, the world witnessed major legal developments in both modern trade and human rights. Since then, volumes have been written about modern trade law, and human rights law has seen an equal amount of attention. While these topics constitute two of the most active spheres in international law, follow similar intellectual trajectories, and often feature the same key actors and arenas, neither field has actively engaged with the other. They co-exist in relative isolation at best, peppered by occasional hostile debates. It has come to be a given that pro-trade laws are not good for human rights, and legislation that protects human r...
Theory and Practice of Transboundary Environmental Impact Assessment
Environmental Impact Assessment (EIA) is a well-established instrument of Environmental Law and policy that aims to ensure that potential adverse environmental effects of human activities are assessed before decisions on such activities are made. The instrument is increasingly being applied in respect of activities that may cause environmental effects across the borders of a state. In this book, thirteen systems of Transboundary Environmental Impact Assessment (TEIA) are assessed that exist or are in development in different parts of the world. Although TEIA is generally associated with EIA between territorial states, this book takes a broader approach and is divided into three sub-parts: Transboundary EIA between states, EIA for activities in international and shared areas, and EIA required by international financial institutions. Knowledgeable experts (scholars and practitioners) provide an overview of the history, content, and practice of the individual systems and, based on these discussions, the state of the art concerning TEIA and possible future developments are discussed.
Handbook on Household Hazardous Waste
Household hazardous waste (HHW) is a topic that affects every individual and community given the nearly universal use, storage, and disposal of chemical consumer products. Yet many communities lack the basic information, guidance, and planning support for HHW collection and management so that struggles (e.g., to gain politicians’ and residents’ support, host a collection, build a facility, affect behavior change, and encourage extended producer responsibility) continue on a regular basis. This book is for professionals, students, government officials and others interested in HHW and accommodating the increasing societal demand for this disposal option. In the evolving field of HHW collec...
Climate Change Law and Policy
Existing climate change governance regimes in the US and the EU contain complex mixtures of regulatory, market, voluntary, and research-based strategies. The EU has adopted an approach to climate change that is based on mandatory greenhouse gas emission reductions; it is grounded in 'hard' law measures and accompanied by 'soft' law measures at the regional and Member State level. In contrast, until recently, the US federal government has carefully avoided mandatory emission reduction obligations and focused instead on employing a variety of 'soft' measures to encourage - rather than mandate - greenhouse gas emission reductions in an economically sound, market-driven manner. These macro level...
