The Law and Policy of Environmental Federalism

Author: Kalyani Robbins
Publisher: Edward Elgar Publishing
ISBN: 1783473622
Format: PDF, Docs
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How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.

Environmental federalism

Author: Terry Lee Anderson
Publisher: Rowman & Littlefield Pub Inc
ISBN:
Format: PDF, ePub, Docs
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For over a quarter century, the federal government has been the primary determinant of environmental regulation and policy. The contributors to this volume provide a wide variety of strategies to challenge Washington's unsophisticated, ineffective, and harmful approaches. The original essays demonstrate how states can improve environmental regulations as they apply to land, water, wildlife, and pesticides, and they provide a general framework for how states can regain control of their environmental destiny. Important reading for anyone interested in environmental policy studies.

Environmental Protection

Author:
Publisher: Aspen Publishers
ISBN:
Format: PDF, ePub, Docs
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If you're ready to tackle the fundanmental questions surrounding modern environmental law, this comprehensive revision of the classic casebook is your ideal teaching tool. In ENVIRONMENTAL PROTECTION: Law and Policy, Third Edition, The authors closely examine the premise that environmental law has progressed from an anti-pollution, and anti-public works movement to a more established perspective that influences all decisions on the use of natural resources. ENVIRONMENTAL PROTECTION: Law and Policy, leads students to a deep understanding of the legal, policy, and regulatory aspects, one step at a time by: Opening the book with two cases that raise basic issues - 'What is environmentalism?' and 'What are the sources of environmental law/' - that immediately show the relevance of the interdisciplinary material. Advancing the discussion with a blend of foundational cases And The latest court decisions to explore important topics. Offering more accessible notes that present basic information about the purpose of regulatory programs and also provide alternative and supplementary perspectives on the principle cases. Integrating domestic and international environmental law to show how U.S. law has shaped international law and how evolving international norms are influencing U.S. law. Drawing interdisciplinary materials from the three major sources of environmentalism - science, ethics, and economics - convey the underpinnings of environmental law a well as their limits. Asking pointed questions so students can develop their own perspectives on the pros and cons of various policy instruments. Incorporating charts and graphics throughout the book for more engaging discussions and greater accessibility. The authors cover all the traditional course topics, including: the extent to which environmental law builds on the common law of torts the changing nature of regulatory programs, with separate chapters on the Clean Water And The Clean Air Acts They also incorporate new material on: emissions trading global climate change efforts to reduce automobile usage sustainable development biiodiversity protection environmental justice pollution prevention greater individual-consumer responsibility for environmental protection endangered species the tension between biodiversity protection And The protection of private property enforcement issues

Sophisticated Interdependence in Climate Policy

Author: Vivian E. Thomson
Publisher: Anthem Press
ISBN: 1783081082
Format: PDF, ePub, Mobi
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With the US as the world’s most prominent climate change outlaw, international pressure will not impel domestic action. The key to a successful global warming solution lies closer to home: in state–federal relations. Thomson proposes an innovative climate policy framework called “sophisticated interdependence.” This model is based on her lucid analysis of economic and political forces affecting climate change policy in selected US states, as well as on comparative descriptions of programs in Germany and Brazil, two powerful federal democracies whose policies are critical in the global climate change arena.

The Law and Economics of Federalism

Author: Jonathan Klick
Publisher: Edward Elgar Publishing
ISBN: 1786433605
Format: PDF, ePub
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This unique volume takes a primarily empirical perspective on the law and economics of federalism. Using cross jurisdiction variation, the specially commissioned chapters examine the effects of various state experiments in areas such as crime, welfare, consumer protection, and a host of other areas. Although legal scholars have talked about states as laboratories for decades, rarely has the law and economics literature treated the topic of federalism empirically in such a systematic and useful way.

Federalism and Environmental Policy

Author: Denise Scheberle
Publisher: Georgetown University Press
ISBN: 9781589013216
Format: PDF
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Giving particular attention to intergovernmental working relationships, this revised edition of Federalism and Environmental Policy has been significantly updated to reflect the changes that have taken place since the highly praised first edition. Denise Scheberle examines reasons why environmental laws seldom work out exactly as planned. Casting federal-state working relationships as "pulling together," "coming apart," or somewhere in-between, she provides dozens of observations from federal and state officials. This study also suggests that implementation of environmental policy is a story of high stakes politics—a story rich with contextual factors and as fascinating as the time the policy was formulated. As four very different environmental programs unfold—asbestos (updated to include the fallout from the World Trade Center), drinking water, radon, and surface coal mining—Scheberle demonstrates how programs evolve differently, with individual political, economic, logistical, and technical constraints. The policy implementation framework developed for the book provides the lens through which to compare environmental laws. Federalism and Environmental Policy goes beyond the contents of policy to explore the complex web of federal-state working relationships and their effect on the implementation of policy. It is unique in how it portrays the nuts-and-bolts, the extent to which the state and federal offices work together effectively—or not. Examining working relationships within the context of program implementation and across four different environmental programs offers a unique perspective on why environmental laws sometimes go awry.

The Oxford Handbook of U S Environmental Policy

Author: Sheldon Kamieniecki
Publisher: Oxford University Press
ISBN: 019974467X
Format: PDF, ePub
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Prior to the Nixon administration, environmental policy in the United States was rudimentary at best. Since then, it has evolved into one of the primary concerns of governmental policy from the federal to the local level. As scientific expertise on the environment rapidly developed, Americans became more aware of the growing environmental crisis that surrounded them. Practical solutions for mitigating various aspects of the crisis - air pollution, water pollution, chemical waste dumping, strip mining, and later global warming - became politically popular, and the government responded by gradually erecting a vast regulatory apparatus to address the issue. Today, politicians regard environmental policy as one of the most pressing issues they face. The Obama administration has identified the renewable energy sector as a key driver of economic growth, and Congress is in the process of passing a bill to reduce global warming that will be one of the most important environmental policy acts in decades. The Oxford Handbook of U.S. Environmental Policy will be a state-of-the-art work on all aspects of environmental policy in America. Over the past half century, America has been the world's leading emitter of global warming gases. However, environmental policy is not simply a national issue. It is a global issue, and the explosive growth of Asian countries like China and India mean that policy will have to be coordinated at the international level. The book will therefore focus not only on the U.S., but on the increasing importance of global policies and issues on American regulatory efforts. This is a topic that will only grow in importance in the coming years, and this will serve as an authoritative guide to any scholar interested in the issue.

Navigating Climate Change Policy

Author: Edella Schlager
Publisher:
ISBN: 9780816530007
Format: PDF, Kindle
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This timely volume challenges the notion that because climate change is inherently a global problem, only coordinated actions on a global scale can lead to a solution. It considers the perspective that since climate change itself has both global and local causes and implications, the most effective policies for adapting to and mitigating climate change must involve governments and communities at many different levels. Federalism—the system of government in which power is divided among a national government and state and regional governments—is well-suited to address the challenges of climate change because it permits distinctive policy responses at a variety of scales. The chapters in this book explore questions such as what are appropriate relationships between states, tribes, and the federal government as each actively pursues climate-change policies? How much leeway should states have in designing and implementing climate-change policies, and how extensively should the federal government exercise its preemption powers to constrain state activity? What climate-change strategies are states best suited to pursue, and what role, if any, will regional state-based collaborations and associations play? This book examines these questions from a variety of perspectives, blending legal and policy analyses to provide thought-provoking coverage of how governments in a federal system cooperate, coordinate, and accommodate one another to address this global problem. Navigating Climate Change Policy is an essential resource for policymakers and judges at all levels of government who deal with questions of climate governance. It will also serve as an important addition to the curriculum on climate change and environmental policy in graduate and undergraduate courses and will be of interest to anyone concerned with how the government addresses environmental issues.

Environmental Protection

Author:
Publisher: Aspen Publishers
ISBN: 9780735563483
Format: PDF, ePub
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The distinguished author team of Environmental Protection: Law and Policy, Fifth Edition, which now includes Professor William Buzbee of the Emory University School of Law, continues to explore fundamental issues of environmental law, from history and theory to litigation, regulation, and policy, while addressing important current issues, including the enforcement of international environmental law and the allocation of environmental law authority between U.S. federal and state governments. In addition to being thoroughly and thoughtfully updated, the revision of this widely respected casebook includes materials for enhanced accessibility and teachability. Proven strengths include: a thorough and nuanced treatment of the history of environmental protection, existing laws and regulations, and current and developing policy objectives a distinguished author team with extensive practical, scholarly, and teaching experience an approach that is broad-based, international, and interdisciplinary and incorporates science, economics, and ethics organization of principal cases, text, questions, problems, and other materials into teachable units a pedagogy that includes extensive explanatory text supported by cases; accessible notes offering basic information and alternative and supplementary perspectives; supporting charts and other graphics; and numerous exercises and problems Look for important new material in the Fifth Edition: A new chapter on Environmental Federalism addresses recurring questions concerning how the U.S. Constitution and the environmental statutes allocate authority to adopt, implement, and enforce environmental law between the federal and state governments A new chapter on International Environmental Law introduces an increasingly important component of environmental law, as globalization of business and trade continue and as interest grows in bilateral and multilateral approaches to environmental protection Greatly expanded coverage of global climate change, one of the most controversial and significant environmental policy battlegrounds, and of the materials on biodiversity protection through federal land management and implementation of the Endangered Species Act Increased emphasis in the introductory chapter on the common law component of environmental law, as well as consolidated materials examining economic perspectives on environmental harms and regulatory approaches Examination of new legislation that amends the scope of the National Environmental Policy Act and of new recommendations by the Council on Environmental Quality on how to improve implementation of the statute New principal and notes cases, including the Supreme Court¿s 2006 decision in Rapanos (scope of the Clean Water Act¿s dredge/fill permit program); the Supreme Court¿s 2004 decision in Norton v. Southern Utah Wilderness Alliance (availability of judicial review of agency failures to act); the Supreme Court¿s 2004 decision in Cooper Industries v. Aviall Services (availability of contribution actions under CERCLA); the Supreme Court¿s 2004 decision in Alaska DEC v. EPA (concerning EPA¿s authority to review state implementation of the PSD program under the Clean Air Act); the D.C. Circuit¿s 2005 decision concerning the EPA¿s authority to regulate greenhouse gas emissions under the Clean Air Act and the same court¿s 2005 and 2006 decisions in New York v. EPA (concerning the scope of the Clean Air Act¿s new source review program); recent lower court decisions concerning the Endangered Species Act¿s critical habitat designation and no jeopardy provisions Completely revised Teacher's Manual Other improvements to the Fifth Edition include: Enhanced accessibility through textual and diagrammatic summaries of the principal bodies of law and expanded use of problems to illustrate how the environmental laws operate in concrete situations