In the 1960s and 1970s, Congress enacted a vast body of legislation to protect the environment and individual health and safety. Collectively, this legislation is known as “risk regulation” because it addresses the risk of harm that technology creates for individuals and the environment. In the last two decades, this legislation has come under increasing attack by critics who employ utilitarian philosophy and cost-benefit analysis. The defenders of this body of risk regulation, by contrast, have lacked a similar unifying theory. In this book, the authors propose that the American tradition of philosophical pragmatism fills this vacuum. They argue that pragmatism offers a better method for conceiving of and implementing risk regulation than the economic paradigm favored by its critics. While pragmatism offers a methodology in support of risk regulation as it was originally conceived, it also offers a perspective from which this legislation can be held up to critical appraisal. The authors employ pragmatism to support risk regulation, but pragmatism also leads them to agree with some of the criticisms against it, and even to level new criticisms of their own. In the end, the authors reject the picture—painted by risk regulation’s critics—of widely excessive and irrational regulation, but the pragmatic perspective also leads them to propose a number of recommendations for useful reforms to risk regulation.

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

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes-- portability, meaningful feedback, and greater efficiency. This looseleaf version of the Connected Casebook does not come with a binder. 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 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 Inclusion of new principal cases such as the Supreme Court''s decision in Michigan v. EPA and the Third Circuit''s decision in American Farm Bureau Federation v. EPA 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 CasebookConnect features: ONLINE E-BOOK Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

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

This book integrates economics and legal perspectives to examine the impact of government strategies for monitoring and enforcing environmental protection laws. It closely examines industrial facilities' compliance with regulatory obligations stemming from the implementation of the Clean Water Act (CWA) to explore the success of policies such as this.

This casebook focuses on five representative agencies to provide students with a more holistic understanding of the structure and functions of agencies, to illustrate the kinds of actions agencies take to implement their statutory mandates, and to provide context for examining the legal constraints on those actions. Two key problems for teaching and learning administrative law are (1) students' lack of familiarity with agencies, what they do, and their role in the tri-partite system of government established by the Constitution; and (2) the need to understand new and different agencies and figure out their organic statutes for each new administrative law case. Other key features of the book are: The use of a consistent "unit" format throughout the book to maximize student understanding Adaptability to various teaching methods (e.g., lecture, Socratic, or problem method). Flexibility of coverage, including unit clusters that allow teachers to decide the level of coverage for key topics, ranging from a basic overview provided by a single unit to more extensive treatment through coverage of several related units By focusing on five important and representative agencies (the EPA, NLRB, SSA, IRS, and FCC), the book addresses both problems. Extended treatment of these agencies, including one chapter each that uses the agency to present the legal issues surrounding a particular kind of agency action (e.g., EPA to illustrate administrative law issues concerning rulemaking, the NLRB to illustrate the issues arising from agency efforts to make policy through adjudication), provides students with a clearer sense of how agencies are structured, what they do, and how they do it. In addition, our book provides an efficient mechanism for teaching and learning about administrative law: because the principal cases used to illustrate administrative law doctrine and present administrative law issues involve the same five agencies, the need to learn about new agencies and understand new organic statutes is greatly reduced, enabling students and teachers to focus on the administrative law issues in the cases.

Modern Public Land Law in a Nutshell

The third edition of this innovative administrative law casebook retains and enhances its unique features: Focus on five representative agencies to provide students with a more holistic understanding of agencies and provide context. Use of a consistent unit design that maximizes student learning and facilitates the use of the book with a wide variety of teaching styles, including traditional methods and the "flipped" classroom. Incorporation of cutting-edge cases and problems that focus on the practical application of administrative law doctrines. By focusing on five important and representative agencies (the EPA, NLRB, SSA, IRS, and FCC), the book addresses two key problems for teaching and learning administrative law: (1) students' lack of familiarity with agencies and what they do; and (2) the difficulty of understanding new and different agencies and their organic statutes for each new administrative law case. Extended treatment of these five agencies, including one chapter for each agency that focuses on its use of a particular kind of agency action (rulemaking, policymaking adjudication, mass adjudication, informal action, and enforcement) provides students with a more complete picture of what agencies do and how they do it. Because the principal cases and problems involve the same five agencies throughout the book, the need to learn about new agencies and understand new organic statutes is greatly reduced, enabling students and teachers to focus on the administrative law issues in the cases. The book uses a consistent "unit" format throughout. Each unit covers a particular topic and includes (1) a clear and comprehensive discussion of the basic doctrine governing the topic; (2) a principal case or cases to illustrate the application of the doctrine and highlight key issues; (3) a discussion of related matters to explore additional issues and connections between topics; and (4) a detailed administrative law problem requiring the application of the doctrine in context. This unique structure and design facilitates the use of the book with a variety of teaching methods, including the Socratic method, lecture and discussion, and the problem method. Because it combines clear exposition, illustrative principal cases, and comprehensive problems, the book is also an ideal tool for teachers who want to flip their classrooms. This unit structure also enhances the flexibility of the book, allowing teachers easily to select topics for coverage and determine the depth of coverage they wish to provide. The third edition has been thoroughly updated to provide cutting edge treatment of emerging administrative law issues and developments, including the reinvigoration of separation of powers, the erosion of Chevron deference, and constraints on agency guidance documents. The third edition also reflects changes designed to enhance the book's effectiveness as a teaching and learning tool, such as increased use of primary administrative law materials, improvements to problems, and new principal cases.