Environmental Protection And The Common Law
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Environmental Protection And The Common Law
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Author : John Lowry
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-06-20
Environmental Protection And The Common Law written by John Lowry and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-06-20 with Law categories.
Within the broad framework of the common law of tort,the torts of nuisance and the rule in Rylands v. Fletcher are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the inter-relationship between private law sphere of tort and public regulatory schemes. The contributors to this volume of essays include many of the UK's leading academics in the relevant fields of private and public law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law.
Creative Common Law Strategies For Protecting The Environment
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Author : Lynn L. Bergeson
language : en
Publisher: Environmental Law Institute
Release Date : 2007
Creative Common Law Strategies For Protecting The Environment written by Lynn L. Bergeson and has been published by Environmental Law Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
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The Common Law And The Environment
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Author : Roger E. Meiners
language : en
Publisher: Rowman & Littlefield
Release Date : 2000
The Common Law And The Environment written by Roger E. Meiners and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Since 1970, when the Clean Air Act was passed and the Environmental Protection Agency was created, the primary means for addressing environmental problems in the U.S. has been through comprehensive federal statutes and detailed regulations. Evaluating almost three decades of experience with the Clean Air Act, Superfund, the Clean Water Act, the Endangered Species Act, and other major federal environmental statutes, the contributors to this volume question the effectiveness and impact of the legal regime that created these regulations. While most studies of environmental policy paint a picture of improvement through government initiatives, these essays argue the contrary. Pointing to Cleveland's burning river, the death of Lake Erie, smog in Los Angeles, and Love Canal, the contributors demonstrate that command-and-control regulation of the environment has not delivered the great improvements in environmental quality as promised. The Common Law and the Environment offers principles for a new approach to protecting the environment and looks to evidence of the successes of alternative legal systems to address significant problems.
Judicial Handbook On Environmental Law
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Author : Dinah Shelton
language : en
Publisher: UNEP/Earthprint
Release Date : 2005
Judicial Handbook On Environmental Law written by Dinah Shelton and has been published by UNEP/Earthprint this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
"This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. It seeks to provide judges with a practical guide to basic environmental issues that are likely to arise in litigation. It includes information on international and comparative environmental law and references to relevant cases."--P. iii.
The Role Of The Judiciary In Environmental Governance
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Author : Louis J. Kotzé
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
The Role Of The Judiciary In Environmental Governance written by Louis J. Kotzé and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.
Environmental Law In A Nutshell
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Author : Roger W. Findley
language : en
Publisher:
Release Date : 1996
Environmental Law In A Nutshell written by Roger W. Findley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Judicial Review of Government Decisions; Judicial Role in Environmental Law; National Environmental Policy Act; Federalism and the Environment; Scope of Federal Power; Commerce Clause Restrictions on State Power; Federal Preemption; Pollution Control; Common Law Remedies; Regulation Under the Clean Air Act; Regulation Under the Clean Water Act; Economic Incentives for Environmental Protection; Risk Management and Scientific Uncertainty; Introduction to Risk Assessment and Risk Management; Judicial Views Concerning Management of Uncertain Risks; Control of Toxic Substances; Regulating the Sale of Toxic Substances; Toxic Substances Under the General Pollution Statutes; Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation and Liability Act; Common Law Remedies; Preservation of Natural Areas; Preservation as a Goal; Restrictions on Development of Private Land; Protecting Coastal Waters; Protecting of Public Lands; Preserving Endangered Species.
Environmental Protection Law And Practice
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Author : Usman, Adamu Kyuka
language : en
Publisher: Malthouse Press
Release Date : 2017-05-01
Environmental Protection Law And Practice written by Usman, Adamu Kyuka and has been published by Malthouse Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-01 with Law categories.
This is basic text which offers a comprehensive approach to the consideration of environmental protection law and practice. Essential concepts and issues in Environmental science, including global warming caused by greenhouse effect, negative and positive feedback, the Gala hypothesis, the Chaos theory, environmental economics principles of cost-benefit analysis, tradable permits, and other topics, have been explained in such detailed but straightforward manner for the law student, law lecturer, legal practitioner and even the general reader, who may otherwise feel unfamiliar with some of these scientific subjects critical to appreciating the law in the area, to comprehend quite easily. Of tremendous benefit of the legal practitioner, researchers and judges, this book also examines a lot of cases of environmental protection both in Nigeria and foreign jurisdictions, such as the United Kingdom, United States, India, the Philippines, and a host of other countries mostly within the common law tradition. The intention is to give life to the cold principles of environmental protection law by examining the cases in which environmental legal principles have been applied. It is hoped that environmental law students, law lecturers, legal practitioners and policymakers should find this book indispensible, and judges, too, in their adjudication of technical environmental matters.
Environmental Law And Policy
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Author : Zygmunt J.B. Plater
language : en
Publisher: Aspen Publishing
Release Date : 2016-06-20
Environmental Law And Policy written by Zygmunt J.B. Plater and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-20 with Law categories.
Environmental Law & Policy: Nature, Law & Society is a coursebook designed to access the law of environmental protection through a “taxonomic” approach, exploring the range of legal structures and legal methodologies of the field—rather than simply designing it according to air, water, toxics, etc. as subject media (which often results in duplicative legal coverage). All the major subject areas of pollution and resource conservation are covered, but they are covered according to the legal approaches they represent. The book is “Saxist,” because it originally arose and continues to carry on themes from the teaching, guidance, and writings of the late Joseph Sax, the eminent pioneer of the environment law field who emphasized the interaction between common law and public law statutory structures, and introduced the public trust doctrine as a thread undergirding and running through the entire field of environmental law. Key Features: Includes teaching analysis of the completely-revised Toxics Substances Control Act by co-author Robert Graham, Esq. of Jenner & Block who is advising corporate clients on the new law. Coverage of the Dec 2015 Paris COP-21 climate agreement in its several different aspects, incorporating analysis by coauthor Prof David Wirth who played an active role in international preparations for the Paris accord. Expanded material on carbon pricing, until recently widely thought to be a politically impossible alternative avenue for mitigation of global climate disruption. Tracking major recent revisions in toxic substance regulation, with essential comparisons to the current European model of market access chemical regulation. An updated guide through the complexities of tensions between private property rights and environmental protections, and an innovative clarification of recent Supreme Court caselaw. An innovative chapter on official “planning”— a basic and problematic element of environmental governance, whether at the local level or national public lands level. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
Environmental Protection
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Author : Robert L. Glicksman
language : en
Publisher: Aspen Publishing
Release Date : 2019-02-15
Environmental Protection written by Robert L. Glicksman and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-15 with Law categories.
Environmental Protection: Law and Policy, widely respected for its intellectual breadth and depth, is an interdisciplinary and international overview of the fundamental issues of Environmental Law, incorporating history, theory, litigation, regulation, policy, science, economics, and ethics. It includes a complete introduction to the history of environmental protection; laws and regulations; regulatory design strategies; policy objectives; and analysis of constitutional federalism and related policy questions concerning the design and implementation of environmental protection programs. Coverage includes the major federal pollution control laws (the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA, and more); climate change (a chapter discussing important scientific, policy, and program design questions); natural resource management issues (two chapters focusing on the National Environmental Policy Act and the Endangered Species Act); and national forest management. New to the Eighth Edition: Thoroughly updated coverage, including how various actors—Congress, the President, political and career staff at agencies such as EPA, and regulatory beneficiaries—influence shifts in environmental law and policy, including Trump Administration initiatives that raise novel administrative and environmental law issues that have been or are likely to be addressed by the courts Coverage of evolving agency approaches to the scope of Clean Water Act mandates through repeal of or revisions to the "waters of the United States" rule, and of controversies surrounding the Trump Administration's climate change policies, including repeal of the Clean Power Plan and its announced withdrawal from the 2015 Paris climate agreement to which virtually every other nation is a party Inclusion of new principal cases such as the Supreme Court's decision in Michigan v. EPA, which addressed the role of cost in regulation, and the Third Circuit's decision in American Farm Bureau Federation v. EPA, which involved implementation of the total maximum daily load program under the Clean Water Act Comprehensive treatment of 2016 amendments to the Toxic Substances Control Act, the first major revisions to a core environmental statute enacted by Congress in 20 years Treatment of compliance and enforcement issues and their importance to the development and implementation of environmental law Coverage of ongoing controversial litigation in courts throughout the country on application of the public trust doctrine to force government action to mitigate climate change through controls on greenhouse gas emissions Professors and students will benefit from: Thorough and nuanced treatment of the history of environmental protection, existing laws, regulations, and cases, regulatory design strategies, and current and developing policy objectives Broad-based international and interdisciplinary approach incorporating science, economics, and ethics Coverage of major federal pollution control laws Landmark and cutting-edge cases Notes and questions Charts and graphics Numerous exercises and problems Distinguished authorship with extensive practical, scholarly, and teaching experience
Pollution And Property
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Author : Daniel H. Cole
language : en
Publisher: Cambridge University Press
Release Date : 2002-07-18
Pollution And Property written by Daniel H. Cole and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-07-18 with Law categories.
Environmental protection and resource conservation depend on the imposition of property rights (broadly defined) because in the absence of some property system - private, common, or public - resource degradation and depletion are inevitable. But there is no universal, first-best property regime for environmental protection in this second-best world. Using case studies and examples taken from countries around the world, this 2002 book demonstrates that the choice of ownership institution is contingent upon institutional, technological, and ecological circumstances that determine the differential costs of instituting, implementing, and maintaining alternative regimes. Consequently, environmental protection is likely to be more effective and more efficient in a society that relies on multiple (and often mixed) property regimes. The book concludes with an assessment of the important contemporary issue of 'takings', which arise when different property regimes collide.