Environmental Law Episode Iv

This article, forthcoming in the Journal of Environmental and Sustainability Law (formerly the Missouri Environmental Law and Policy Review), describes the evolution of U.S. environmental law through four generations and the characteristics of each generation. The fourth generation of environmental law (Fourth-Generation Environmental Law) aims to increase the resilience of linked social systems and ecosystems (social-ecological resilience). Given that systems can collapse under disturbances and shift to entirely new structures and functions, our environmental law institutions need improved adaptive capacity. There are five distinct and important alternatives to traditionally rigid, fragmented, certainty-seeking environmental law structures: adaptation, adaptive management, adaptive planning, adaptive governance, and adaptive law. Fortunately, adaptive environmental law and governance institutions are emerging, aimed at improving social-ecological resilience. Examples include developments in adaptive watershed governance institutions. These examples of fourth-generation environmental law suggest reasons to hope that environmental law can adapt for resilient communities and ecosystems. However, the article also explores the reasons why fourth-generation environmental law might disappoint us: its inherent limits and flaws. Nonetheless, hope itself is an adaptive and resilience-building strategy. The final section of the article discusses research on the psychology of hope and what it means for how we think about environmental law in the United States.

The Earth on Trial examines the degree to which the law has accommodated an increased understanding of the natural environment. Paul Stanton Kibel provides a clear assessment of what conceptual and practical changes are needed to reconcile law to the limits of ecology. By moving the debate between law and the environment beyond specialists, and towards a public forum, The Earth on Trial acknowledges that a healthy environmental future depends not so much on our ability to alter nature to accommodate society, as our ability to alter society to accommodate nature.

Environmental Law: Statutory and Case Supplement 2022-2023 is an essential tool for students of environmental law by providing the updated text of the federal statutes and the latest significant court decisions. Environmental Regulation: Law, Science, and Policy, Ninth Edition, can easily be used with any environmental law casebook on the market. Organizing the statutes by subject matter, rather than their location in the U.S. Code, this supplement introduces the statutes with detailed outlines that highlight their most important provisions. The supplement also includes legislative history timelines that trace the evolution of the statutes by explaining when they were enacted and when their most significant amendments were added. This new edition provides an essential resource for students, teachers and practitioners of environmental law by including the complete, updated text of the major federal environmental laws and executive orders governing how agencies implement environmental policy. The supplement also includes significant Supreme Court decisions in environmental cases decided during the last three years. New to the 2022-23 Edition: Edited copies of important new Supreme Court decisions addressing EPA’s authority to use the Clean Air Act to regulate emissions of greenhouse gases (West Virginia v. EPA) and how interstate disputes over the use of groundwater resources will be decided (Mississippi v. Tennessee). A complete updating of the major federal environmental statutes, including amendments to the Safe Drinking Water Act, the Solid Waste Disposal Act and the Clean Water Act, including changes made by the Infrastructure Investment and Jobs Act. New regulations governing implementation of the National Environmental Policy Act (NEPA). Professors and students will benefit from: The ability to examine the precise, updated text of the major federal environmental statutes Research tips for locating useful sources of additional information on environmental policy New court decisions released after the publication of the latest casebook edition

This Twentieth Edition references all regulatory changes made in the last two years and provides legal insight into understanding the requirements of the environmental laws. It examines all of the issues and changes that have arisen since the publication of the last edition.

This casebook covers the fundamentals in environmental law, such as air pollution, water pollution, hazardous waste and toxic pollutant regulation, protection of endangered species, and the National Environmental Policy Act, without overloading the professor and student with exhaustive and unnecessary detail. It focuses with clarity on landmark cases and recent upheavals in environmental law and regulation. The revised edition newly covers the Trump administration's reversals of Obama era regulations through executive orders and regulations. The climate change crisis is an essential focus throughout, from chapters on the National Environmental Policy Act to the Endangered Species Act. The new edition further covers the rise and demise of the Clean Power Plan, the reformulation of the definition of waters of the United States, the reevaluation of the Endangered Species Act, and the Supreme Court's opinion on critical habitat.

More than any other environmental law survey casebook, this book conveys the substantive material in real-world practice contexts, with significant chapters on permitting, rulemaking, enforcement, business counseling, and litigation, and through a series of short policy case study/emerging issue focus chapters.