Environmental Law and Policy The Essentials

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ISBN: 9780735579668 | 0735579660
Cover: Paperback
Copyright: 4/28/2010

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Each Essentials book offers an engaging and highly personal view of a law school course-a "forest but not the trees" view of the subject-authored by leading teacher/scholars. Each Essentials invites students to share the insights culled from the authors' years of classroom experience.

Preface	p. xv
Environmental Policy and the Contours of Environmental Law	p. 1
Economics and Environmental Regulation	p. 4
The Common Law and Environmental Problems	p. 9
The Development of Modern Federal Environmental Law	p. 13
The Tools of Modern Environmental Law	p. 13
Environmental Law and Federalism	p. 20
Environmental Law and the Administrative State	p. 25
Enforcement in Environmental Regulation	p. 26
Environmental Justice	p. 29
Chapter Recap	p. 32
Environmental Regulation, Constitutional Law, and Administrative Law	p. 35
Constitutional Law	p. 35
Commerce Clause	p. 36
Dormant Commerce Clause	p. 37
Supremacy Clause	p. 39
Eminent Domain and the Takings Clause	p. 41
Administrative Law	p. 45
Promulgating Regulations	p. 46
Other Agency Responsibilities: Administrative Adjudication and Enforcement	p. 49
Interpreting Statutes and Regulations	p. 50
Chapter Recap	p. 51
The Regulation of Air Pollution: The Clean Air Act	p. 53
Categories of Sources	p. 55
NAAQS	p. 55
State Implementation Plans	p. 57
SIP Calls	p. 58
Sanctions for Inadequate SIPs	p. 58
Specific Federal Programs	p. 58
Requirements Based on the Area's Ambient Air Quality	p. 59
Nonattainment	p. 59
Prevention of Significant Deterioration	p. 60
New Source Review	p. 61
Hazardous Air Pollutants	p. 63
Sulfur Dioxide Emissions Trading	p. 64
Regulation of Interstate Pollution Transport	p. 66
State Freedom to Regulate Beyond the Clean Air Act	p. 68
Title V Permitting	p. 68
Mobile Sources	p. 69
The Clean Air Act and International Law	p. 71
Chapter Recap	p. 72
The Regulation of Water Pollution: The Clean Water Act	p. 75
Clean Water Act	p. 76
Goals	p. 76
The Federalism of the Clean Water Act: "Waters of the United States"	p. 76
Point Sources versus Nonpoint Sources	p. 78
Point Source Regulation and NPDES Permits	p. 80
Effluent Limitations Under Section 402 Permits	p. 81
Nonpoint Sources	p. 84
State Freedom to Regulate Beyond the Clean Water Act	p. 85
Water Quality Standards	p. 85
TMDLs	p. 87
Water Quality Standards and Interstate Considerations	p. 88
The Clean Water Act and Foreign Disputes	p. 89
Section 401 Certification	p. 89
Section 404 Permitting	p. 90
Safe Drinking Water Act	p. 92
Chapter Recap	p. 93
The Regulation of Hazardous Wastes: RCRA and CERCLA	p. 97
Solid Waste	p. 98
Hazardous Waste	p. 99
RCRA - Substantive Requirements	p. 101
Generators	p. 101
Transporters	p. 101
TSDFs	p. 101
Landfill Regulation	p. 102
Cercla	p. 102
Hazardous Substances	p. 103
Responses to Releases and Substantial Threats of Releases	p. 103
Cercla Liability	p. 104
Overview	p. 104
Scope	p. 105
Who Is Liable?	p. 106
The Nature of Liability	p. 108
Defenses	p. 109
Severability and Contributors of Small Amounts	p. 110
CERCLA Exceptions: Lenders	p. 111
CERCLA Exceptions: Innocent Landowners	p. 112
The Future of CERCLA Sites and the Problem of Brownfields	p. 113
Other Federal Regulation of Hazardous Substances	p. 113
Chapter Recap	p. 114
The Protection of Endangered and Threatened Species: The Endangered Species Act	p. 117
Administration of the ESA	p. 117
Listing Species	p. 118
Controversy over Listing	p. 120
Downlistings and Delistings	p. 120
Designation of Critical Habitat	p. 121
ESA Restrictions	p. 121
Restrictions on Federal Government Action: Consultation	p. 121
Irrelevance of Cost and the Availability of Injunctive Relief	p. 123
Exemptions from ESA Coverage	p. 124
Restrictions on Public and Private Actions	p. 124
Protection of Endangered Plants	p. 125
Protection of Threatened Species	p. 126
Incidental Take Permits	p. 126
Chapter Recap	p. 126
Introduction Environmental Concerns to Government Decision Making: NEPA	p. 129
NEPA-Introduction	p. 129
Overview of NEPA Procedure	p. 131
When Must an EIS Be Prepared?	p. 132
What Is a Major Federal Action?	p. 133
When Does a Major Federal Action Significantly Affect the Human Environment? - Substance	p. 134
When Does a Major Federal Action Significantly Affect the Human Environment? - Procedure	p. 136
Timing of the EIS	p. 137
EIS Adequacy	p. 138
Other Federal Information-Based Regulatory Provisions	p. 140
Chapter Recap	p. 141
Methods of Enforcement	p. 143
Government Enforcement of the Environmental Laws Against Alleged Violators	p. 144
Administrative Enforcement	p. 144
Civil Enforcement	p. 145
Calculating Penalties	p. 145
Criminal Enforcement	p. 145
Citizen Suits - Introduction	p. 146
Citizen Suits Against EPA	p. 147
Citizen Suits Against Violators	p. 148
Standing	p. 150
Executive and Legislative Control over EPA	p. 153
Executive Branch Control over EPA	p. 153
Legislative Branch Control over EPA	p. 153
Chapter Recap	p. 154
Regulation of the Environment at the International Level	p. 157
The Genesis of International Environmental Law	p. 157
International Environmental Treaty Regimes	p. 159
Ozone Depletion, the Vienna Convention, and the Montreal Protocol	p. 159
Global Warming, the Framework Convention for Climate Change, and the Kyoto Protocol	p. 160
The Relevance of Domestic Law	p. 162
Chapter Recap	p. 164
Glossary	p. 167
Index	p. 179
Table of Contents provided by Ingram. All Rights Reserved.

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Environmental Law and Policy The Essentials

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