Implementing Environmental Law

This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal i

The unprecedented expansion in environmental regulation over the past thirty years—at all levels of government—signifies a transformation of our nation's laws that is both palpable and encouraging. Environmental laws now affect almost everything we do, from the cars we drive and the places we live to the air we breathe and the water we drink. But while enormous strides have been made since the 1970s, gaps in the coverage, implementation, and enforcement of the existing laws still leave much work to be done. In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund. Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.

Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.

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 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 cases decided during the last three years. New to the 2021-22 Edition: Edited copies of important new Supreme Court decisions interpreting the Comprehensive Environmental Response, Compensation and Liability Act (Guam v. U.S.) and the Endangered Species Act (U.S. Fish & Wildlife Service v. Sierra Club) and ruling on the reviewability of removal orders in state climate litigation (BP P.L.C. v. Mayor and City Council of Baltimore). New regulations governing implementation of the National Environmental Policy Act (NEPA). New Executive Orders from President Biden repealing executive orders issued by President Trump and directing agencies to employ an “all of government” approach to climate change and environmental justice. A complete updating of the major federal environmental statutes, including amendments to the Safe Drinking Water Act, the Toxic Substances Control Act, the Oil Pollution Act, the Clean Air Act, and the Federal Land Policy and Management Act.

The definitive guide to all there is to know about the TMDL requirements of clean water legislation.