Offering the most current coverage available, ENVIRONMENTAL LAW explains the basic foundations that are essential to understanding how law applies to the natural environment. With thorough coverage of common law, constitutional law, dispute resolution, and administrative law, the text introduces undergraduate and beginning law students to the full range of issues in environmental law. It discusses current law as it applies to environmental issues and reviews recently adjudicated and pending cases in environmental law. It also addresses a wealth of environmental topics, including air pollution, water pollution, endangered species, and hazardous waste disposal, and the corresponding laws such as the Clean Air Act, the Clean Water Act, the Endangered Species Act, and RCRA−representing the most up-to-date status of environmental law and pending issues in environmental law. In addition, an entire chapter is devoted to the rapidly growing field of animal law. ENVIRONMENTAL LAW is an excellent resource for anyone wanting to understand current law as it relates to the environment and pending issues to be resolved.
Table of Contents
About the Authors.
1. ENVIRONMENTAL LAW, ETHICAL PERSPECTIVES, AND DISCIPLINARY.
Intersections. Introduction to Environmental Law. A Brief History of Environmental Law. Ethical Perspectives and Worldviews Concerning the Natural Environment. Economics and Regulation. Law and the Future: Where Should We Go from Here? Conclusion.
2. THE AMERICAN LEGAL SYSTEM.
Introduction. Civil versus Criminal Cases. Sources of Law. Structure of Court Systems. Steps in Civil Litigation: Civil Procedure. Conclusion.
3. INTRODUCTION TO THE LAW OF PROPERTY.
Introduction. The Nature of Property. Legal Categories of Property. Acquisition of Property. Scope of Interests in Real Property. Ownership Concepts. Easements and Covenants. Conclusion.
4. COMMON LAW REMEDIES IN TORT FOR ENVIRONMENTAL HARMS.
Introduction. Tort Law. Trespass. Nuisance. Negligence. Multiple-Party Toxic Torts Cases. Strict Liability. Remedies. Conclusion.
5. CONTRACTS AND ENVIRONMENTAL HARMS.
Introduction. Purchase. Warranty, Indemnification, and Disclaimer. Product Liability Law. Conclusion.
6. LAND USE.
Introduction. Zoning. Constitutional Issues in Land Use Regulation. Final Thoughts.
7. CONSTITUTIONAL LAW AND THE ENVIRONMENT.
Introduction. The Commerce Clause. The Supremacy Clause: Federal Preemption of State Laws Affecting the Environment. The Property Clause: Federal Public Lands Laws. Conclusion.
8. ADMINISTRATIVE LAW.
Introduction. Sources of Agency Power. Powers of Agencies. Limitations on Agency Power. Conclusion.
9. MAJOR FEDERAL ENVIRONMENTAL STATUTES PART I: NEPA, ANIMALS, AND FEDERAL PUBLIC LANDS.
Introduction. Federal Environmental Policy. Federal Statutes Related to Animals. Federal Public Lands. Conclusion.
10. MAJOR FEDERAL ENVIRONMENTAL STATUTES PART II--AIR AND WATER POLLUTION CONTROL.
Introduction. Air. Water. Overview of the Clean Water Act. The Safe Drinking Water Act.
11. MAJOR FEDERAL ENVIRONMENTAL STATUTES PART III: TOXIC SUBSTANCES.
Toxic Substances. The Federal Insecticide, Fungicide, and Rodenticide Act. The Toxic Substances Control Act. Comparison of FIFRA and TSCA.
12. MAJOR FEDERAL ENVIRONMENTAL STATUTES PART IV: SOLID AND HAZARDOUS WASTES. Introduction: Regulating Solid and Hazardous Wastes. The Resource Conservation and Recovery Act. The Comprehensive Environmental Response, Compensation, and Liability Act.
13. INTERNATIONAL LAW.
Introduction. The Nature of International Law: A Primer. Sources of International Environmental Law. Trade and the Environment. Extraterritorial Application of U.S. Domestic Laws.
Appendix A: Digital Video Resource Guide.