Cases And Materials On Environmental Law

The study of water pollution control regulation is a study of statutes and their administration. This casebook explores water pollution and the federal statute chiefly designed to control it, the Clean Water Act, and examines how water pollution is addressed, first by the common law and then by statute. An introduction provides the student with an understanding of what constitutes water pollution, where it originates, and how it can be controlled. These materials were originally designed for the introductory course in environmental regulation/environmental law at Pace Law School. A Teachers Manual includes exercises that teach students advanced legal research, familiarity with administrative law mechanisms, and the ability to integrate what they have learned about the Clean Water Act.

Environmental Law: Text, Cases, and Materials has been designed to provide students with everything they need to approach the subject with confidence. Experts in the area, the authors combine clear and insightful commentary with carefully chosen extracts from UK and international sources to offer students a well-rounded view of the subject area. Covering a broad range of topics, the authors introduce discussion on controversies and debates and encourage readers to engage in critical reflection by posing regular discussion questions throughout the text. Further reading suggestions point students towards useful resources, guiding their independent research. Online Resources This book is also accompanied by online updates collated by the authors, helping students to stay well-informed.

The Fifth Edition is updated to take account of new developments in the law, new regulations, and new cases, as well as the multiple and ongoing regulatory changes and reversals among the Obama, Trump, and Biden Administrations. In addition, the casebook has been modified throughout to call more attention to environmental justice issues. Chapter 1 (RCRA and CERCLA) and Chapter 4 (Clean Air Act) now have expanded discussions of how environmental justice issues arise in the context of pollution control permitting. Chapter 2 (NEPA) includes two of the Standing Rock Sioux decisions about the Dakota Access Pipeline. In addition, the Introduction chapter has been revamped to more thoroughly introduce non-statutory approaches to environmental law, including constitutional and common-law approaches to the public trust doctrine and a brand new section on the Rights of Nature movement, emphasizing the environmental justice and indigenous rights tie-ins to those movements, before shifting to a discussion of why states and the federal government would choose statutes, a theme continued at the beginning of Chapter 1. The challenge of the Fifth Edition is the ongoing changes to environmental regulations in the opening year of the Biden Administration. The Fifth Edition updates through June 2021 and points to resources for keeping track of new developments. It discusses continuing regulatory issues such as climate change under the Clean Air Act and "waters of the United States" under the Clean Water Act in some detail, emphasizing the issues in contention and explaining why the EPA's regulatory approach continues to evolve.

Environmental Law: Cases and Materials, Third Edition is designed to reflect the vital and symbiotic connection between land-use regulation and the more traditional scope of environmental law. In addition it recognizes the importance of administrative agency decision-making in environmental law. The book begins with a look at the judicial review process of agency decisions and important issues. It examines the common-law remedy of nuisance, the matrix of so much of environmental law and still a significant cause of action, and goes on to look at land-use controls, with particular emphasis on critical areas-landmarks, wetlands, coastal resources-and the de facto taking issue. Air and water quality, waste, toxics and the other areas of comprehensive statutory control, the National Environmental Policy Act, electric generation, and the increasingly important area of international environmental law are also discussed. Since the Third Edition was published three years ago, much has occurred in this fast-shifting field. Several important decisions have dealt with air and water quality and international issues such as global warming have expanded. The Third Edition reflects these recent events.

This new title offers a compact and complete resource for students, featuring extracts from leading cases and articles alongside clear explanations and insightful analysis from an experienced author team. This unique approach places environmental law in context, enabling you to develop a clear and sophisticated understanding of this dynamic area.

Environmental law and policy in India affects all sections of society. Those most deeply affected are the poor. Displaced by deforestation, dam-building and degradation of natural resources, they are the first victims of poor sanitation, contaminated water, polluted air and scarce wood. This edition of Environmental Law and Policy in India retains the familiar analytical structure of the 1991 edition, but is thoroughly revised and updated. More than 4/5ths of the material is new. The volume is interlaced with notes, comments and questions to encourage critical thinking among lawyers and law students. It compiles all the leading cases in environmenmtal law in India with concise extracts of landmark judgments and documents. It focuses on environmental law, policy, problems and needs with the comprehensiveness of an American law case book.

To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing.

Environmental Law: Cases and Materials, Third Edition is designed to reflect the vital and symbiotic connection between land-use regulation and the more traditional scope of environmental law. In addition it recognizes the importance of administrative agency decision-making in environmental law. The book begins with a look at the judicial review process of agency decisions and important issues. It examines the common-law remedy of nuisance, the matrix of so much of environmental law and still a significant cause of action, and goes on to look at land-use controls, with particular emphasis on critical areas-landmarks, wetlands, coastal resources-and the de facto taking issue. Air and water quality, waste, toxics and the other areas of comprehensive statutory control, the National Environmental Policy Act, electric generation, and the increasingly important area of international environmental law are also discussed. Since the Third Edition was published three years ago, much has occurred in this fast-shifting field. Several important decisions have dealt with air and water quality and international issues such as global warming have expanded. The Third Edition reflects these recent events.

The Second Edition of this casebook provides an integrated approach to private and public law responses to toxic insults to individuals and to the environment. The book explores: the ability of various legal theories to resolve toxic tort cases, the use of various branches of science to address the question of causation, the unique features of toxic tort remedies in the workplace, the role of public law, both in controlling risk and its interaction with private law, special damage issues that arise in toxic cases such as the right to medical monitoring, the insurance issues that arise in toxic tort cases, and the complex legal environment (bankruptcy, multidistrict litigation, class actions) in which toxic tort cases are often litigated. The casebook stands alone as an upper-level introduction to the ever-expanding role of toxic tort and environmental law regulation and litigation.