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Environmental Regulation: Law, Science, and Policy (Law school casebook series)
Environmental Regulation Law Science and Policy - Law school casebook series Author:Robert V. Percival, Alan S. Miller, Christopher H. Schroeder, James P. Leape For its fifth edition, "Environmental Regulation: Law, Science, and Policy" retains its distinctly accessible tone while incorporating important new material that reflects the exciting activity in the field. These popular features make the casebook a favorite of both students and instructors: comprehensive coverage with self-contained chapters t... more »hat allow great flexibility in organizing the course; a detailed examination of policy that focuses not only on the substance of environmental statutes but also on how they are translated into regulations and on the factors that affect how they influence real-world behavior; effective teaching and study aids, including charts and diagrams mapping the structure of each of the major environmental statutes, real-world-based problems and questions, pathfinders explaining where to locate crucial source materials for every major subject area, an extensive glossary, and a list of acronyms; clear writing style that is easy for the non-specialist to understand; detailed suggestions for class use in an extensive Teacher's Manual; and, an annual statutory and case supplement to keep the book current. This meticulous revision addresses new topics and updates existing issues with: a chapter on air pollution control, substantially revised and reorganized; a chapter on regulation of toxic substances, reorganized and refocused on the theme of preventing harm in the face of uncertainty; new problem exercises on control of mercury emissions, global warming, environmental justice, and regulatory takings; renewed efforts to open the Alaska National Wildlife Refuge (ANWR) to oil drilling; new developments in regulatory policy, including the debate over sound science and strategic use of the Information Quality Act; and, controversy over regulatory default principles, including the use of cost-benefit analysis and the precautionary principle. It also addresses: brownfields cleanups, innocent landowners, and bona fide purchasers; the constitutional reach of federal authority to protect wetlands and endangered species; expanded coverage of global warming and climate change, including the entry of the Kyoto Protocol into force, carbon emissions trading, and the prospects for a new global approach for controlling greenhouse gas emissions; the impact of voluntary, corporate environmental policies; and, a redesigned website that will include timely updates of post-publication developments. The new cases throughout the book include: Miccosukee Tribe, the Supreme Court's decision on what constitutes a point source discharge; Cooper Industries, Inc. v. Aviall Services, Inc. on bringing contribution actions under 113 of CERCLA; Bates v. Dow Agrosciences, the Supreme Court's decision on FIFRA preemption; the Lingle and Kelo decisions and their impact on eminent domain and regulatory takings jurisprudence; Engine Manufactures Assn v. South Coast Air Quality Management District on the scope of federal preemption; Alaska Department of Environmental Conservation v. EPA on EPA's authority to reject state BACT determinations; Department of Transportation v. Public Citizen on Mexican trucks and NEPA; Southern Utah Wilderness Alliance on control of off-road vehicle use on public lands; and, Court of Appeals decisions on global warming, interstate air pollution, and new source review.« less