Out of Bounds Out of Control

Author: James V. DeLong
Publisher: Cato Institute
ISBN: 9781930865303
Format: PDF, ePub
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Out of Bounds, Out of Control measures the enforcement activities of the Environmental Protection Agency against that standard and finds them disturbingly deficient.

Green Politics

Author: Dustin Mulvaney
Publisher: SAGE
ISBN: 1412996791
Format: PDF, Mobi
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From A-to-Z, the politics of these and similar "green" issues are thoroughly explored via 150 signed entries.

Saving Our Environment from Washington

Author: David Schoenbrod
Publisher: Yale University Press
ISBN: 9780300128918
Format: PDF, ePub
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Congress empowered the Environmental Protection Agency on the theory that only a national agency that is insulated from accountability to voters could produce the scientifically grounded pollution rules needed to save a careless public from its own filth. In this provocative book, David Schoenbrod explains how his experience as an environmental advocate brought him to this startling realization: letting EPA dictate to the nation is a mistake. Through a series of gripping and illuminating anecdotes from his own career, the author reveals the EPA to be an agency that, under Democrats and Republicans alike, delays good rules, imposes bad ones, and is so big, muscle-bound, and remote that it does unnecessary damage to our society. EPA stays in power, he says, because it enables elected legislators to evade responsibility by hiding behind appointed bureaucrats. The best environmental rules—those that have done the most good—have come when Congress had to take responsibility or from states and localities rather than the EPA. With the passion of an authentic environmentalist, Schoenbrod makes a sensible plea for “bottom-up” environmental protection now. The responsibility for pollution control belongs not in agencies but in legislatures, and usually not at the federal level but rather closer to home.

Environmental Protection

Author: Robert L. Glicksman
Publisher: Aspen Law & Business
ISBN:
Format: PDF, Kindle
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The new edition of this highly respected casebook continues to provide an exceptionally cohesive interdisciplinary overview of the fundamental issues of environmental law. From history and theory to litigation, regulation, and policy, the authors provide a seamless blend of enlightening and engaging material.If you have not used Environmental Protection: Law and Policy, be sure to consider its many strengths: - a thorough and nuanced treatment of the history of Environmental Protection, existing laws and regulations, and current and developing policy objectives - lightly edited cases, ranging from old standards to those on the cutting edge, to allow in-depth treatment of topics - a distinguished author team, with extensive practical, scholarly, and teaching experience - broad-based, international, and interdisciplinary approach that incorporates the three major sources of environmentalism: science, economics, and ethics - plentiful learning aids, including detailed explanatory text supported by cases; accessible notes offering basic information as well as alternative and supplementary perspectives; supporting charts and other graphics; summaries of major regulatory acts; and numerous exercises and problemsScrupulously revised and updated, the Fourth Edition offers much new material: - citations to recent literature - new Supreme Court cases, including Friends of Earth, Inc. v. Laidlaw Envvtl. Ser. (TOC), (standing under the Clean Water Act's citizen suit provision), Buckhannon Board & Care Home v. West Va. D.H.H.R., (recovery of attorney's fees), FDA v. Brown & Williamson, (resorting to statutory context), and Whitman v. American Trucking, (rejection of anon-delegation challenge to the Clean Air Act) - Mead on judicial review of statutory interpretation and Harmon, the landmark Eighth Circuit Court decision holding the EPA lacks the power to overfile under RCRA - major new ESA litigation, such as Gibbs v. Babbitt and Defenders of Wildlife v. Bernal, plus additional coverage of 1999 CERCLA amendments and proposals to limit cost liability - additional summaries of cases, acts, and laws; charts, graphs, and illustrations; a glossary of key terms; and a list of acronyms, all provided to heighten accessibility of new and existing materialsNo area of study is as well suited for the interdisciplinary approach as environmental law, and Glicksman, Markell, Mandelker, Tarlock and Anderson are the masters of the method. Examine a copy of Environmental Protection: Law and Policy, Fourth Edition, and see for yourself why this pioneering casebook is still unmatched for intellectual breadth and depth.

Commons Ignorance

Author: Wendy Elizabeth Wagner
Publisher: Vandeplas Pub
ISBN:
Format: PDF, Docs
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Vandeplas Publishing: Environmental Law Series 1: One of the most significant problems facing environmental law is the dearth of scientific information available to assess the impact of industrial activities on public health and the environment. After documenting the significant gaps in existing information, this book argues that existing laws both exacerbate and perpetuate this problem. By failing to require actors to assess the potential harm from their activities, and by penalizing them with additional regulation when they do, existing laws fail to counteract actors' natural inclination to remain silent about the harms that they might be causing. Both theory and practice confirm that when the stakes are high, actors not only will resist producing potentially incriminating information but will invest in discrediting public research that suggests their activities are harmful. The book concludes with specific recommendations about how these perverse incentives for ignorance can be reversed. About the author: Professor Wendy Wagner is a leading authority on the use of science by environmental policy-makers. She received a Masters of Environmental Studies in 1984 and her law degree in 1987, both from Yale, where she was Senior Editor of the Yale Law Journal and Managing Editor of the Yale Journal of Regulation. Before entering teaching, she practiced for four years, first as an Honors Attorney in the Enforcement Division of the Department of Justice's Environment and Natural Resources Division, and then as Pollution Control Coordinator with the Department of Agriculture's Office of the General Counsel. Prior to joining the faculty at the University of Texas, Professor Wagner taught at Case Western Law School, where she established herself as a prolific scholar. Among her many articles, "The Science Charade in Toxic Risk Regulation" (Columbia Law Review, 1995) was chosen as one of the best environmental law articles of the year and reprinted in the Land Use and Environmental Law Review. Professor Wagner was also a visiting professor at Columbia and Vanderbilt Law Schools. She currently serves on the National Research Council's Committee on the Selection and Use of Models in the Regulatory Decision Process and on the Council of the Administrative and Regulatory Law Section of the American Bar Association. Professor Wagner is also a member scholar of the Center for Progressive Reform.

Enforcing Pollution Control Regulation

Author: Carolyn Abbot
Publisher: Bloomsbury Publishing
ISBN: 1847315097
Format: PDF, ePub, Mobi
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Monitoring and enforcement issues must be analysed when determining the effectiveness of pollution control regulation, and clearly influence choices about how to regulate. This book demonstrates how an economic analysis of law enforcement can generate important insights into how best to enforce pollution control regulation. It seeks to provide a clear and accessible way into the law and economics literature on enforcement. More specifically, it uses Gary Becker's deterrence model which, by differentiating between two enforcement variables (namely the probability of apprehension and conviction and the severity of sanction), facilitates a comparison of the effectiveness of different enforcement tools in inducing desirable behaviour. As such, it provides a valuable analytical tool in considering how best to pursue cost-effective enforcement. Major themes to be addressed include Becker's deterrence model and expansions thereof, reasons for compliance, environmental enforcement strategies and the importance of a deterrence threat and formal pollution control law enforcement mechanisms such as prosecution and criminal sanctions, administrative mechanisms and civil liability. The book argues that in pursuing cost-effective enforcement much can be learned from examining enforcement practices in different jurisdictions, and to this end the author examines pollution control laws, enforcement strategies and sanctions in Australia, Canada and England and Wales. The book makes an important contribution to existing literature on environmental law enforcement, but its value extends beyond this. The theoretical framework adopted and the range of issues discussed make it of interest to regulatory and public law scholars more generally.

Encyclopedia of Global Resources

Author: Craig W. Allin
Publisher: Salem Pr Inc
ISBN:
Format: PDF
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The topic of our natural resources has become an important issue over the last few years. The abundance of some (and scarcity of others) has sparked many a debate. The four volumes in this set discuss not only the aspects of the resources themselves, but their economic and social impact as well. Plus, complimentary online access is provided through Salem Science.