Enviromental Policy Law: Problems, Cases, and

Schoenbaum and Rosenberg's casebook provides detailed information on environmental policy law and the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Preface

iii

Acknowledgements

v

Table of Cases

xxvii

Glossary of Acronyms

xxxix

PART I Introduction

1

(216)

Environmental Policy Perspectives

2

(36)

What is Environmental Law?

2

(5)

Insights from Ecology

7

(4)

Insights from Economics

11

(11)

The Role of Values

22

(16)

Environmental Common Law

38

(46)

Common Law Environmental Doctrines

39

(25)

Toxic Torts

64

(10)

Common Law Versus Public Law

74

(10)

The Administrative Law of the Environment

84

(76)

The Administrative Decisionmaking Process

84

(10)

Judicial Review of Agency Action

94

(53)

Innovations in Administrative Practice: Negotiated Rulemaking

147

(13)

Who's in Charge of Environmental Decisions?

160

(57)

Federalism: National and State Powers

160

(34)

Forcing Government into the Marketplace: The Takings Clause

194

(23)

PART II Natural Resources

217

(210)

NEPA and the Power of Information

218

(63)

Introduction to NEPA

218

(11)

The Duty to Prepare an EIS

229

(32)

Contents of the EIS

261

(8)

Evaluating NEPA

269

(4)

Other Information-Based Strategies

273

(8)

Public and Quasi-Public Resources

281

(146)

Water Allocation

281

(17)

Public Lands Management

298

(32)

Biodiversity Protection

330

(52)

Wetlands Protection

382

(45)

PART III Toxics and Waste

427

(280)

Toxic Substances

428

(79)

Risk Assessment and Management

428

(35)

The Regulation of Toxic Materials Possessing Useful Characteristics-The Federal, Insecticide, Fungicide and Rodenticide Act (FIFRA)

463

(22)

The Toxic Substances Control Act (TSCA)

485

(22)

Wastes, Recycling, and Resource Conservation

507

(76)

Management of Municipal Solid Waste

507

(8)

Management of Hazardous Waste

515

(63)

Management of Radioactive Waste

578

(5)

Superfund and Hazardous Waste Liability

583

(124)

Introduction

583

(3)

CERCLA's Basic Structure and Policy Principles

586

(11)

Hazardous Waste Cleanup Mechanisms under CERCLA

597

(33)

Liability Under CERCLA

630

(77)

PART IV Pollution Control

707

(302)

Air Pollution Control

708

(158)

Introduction and Overview

708

(10)

Air Quality Criteria and Standards under the Clean Air Act

718

(22)

State Implementation Plans Under the Clean Air Act

740

(20)

Federal Emission Limitations

760

(21)

Cleaning Up the Air-The Problem of Non-Attainment of the NAAQS

781

(32)

Keeping Clean Air Unpolluted-The Prevention of Significant Deterioration of Air Quality

813

(21)

Enforcing the Clean Air Act

834

(32)

Water Pollution Control

866

(143)

Introduction and Overview

866

(7)

Industrial Point Source Regulation

873

(36)

Nonpoint Source Pollution

909

(14)

Ambient Water Quality Considerations and Water Pollution Control

923

(32)

Enforcing Water Pollution Law

955

(54)

Index

1009

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Enviromental Policy Law: Problems, Cases, and Readings

Summary

Table of Contents

Supplemental Materials