Native American Natural Resources Law


Book Description

To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing.




Cases and Materials on Environmental Law


Book Description

The supplement contains all of the relevant, up-to-the minute materials on climate change. The new materials can be integrated into the casebook or taught as a separate module, and they are compatible with multiple teaching strategies.




Environmental Law, Policy, and Economics


Book Description

The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.




Environmental Law in Context, Cases and Materials


Book Description

The Fifth Edition is updated to take account of new developments in the law, new regulations, and new cases, as well as the multiple and ongoing regulatory changes and reversals among the Obama, Trump, and Biden Administrations. In addition, the casebook has been modified throughout to call more attention to environmental justice issues. Chapter 1 (RCRA and CERCLA) and Chapter 4 (Clean Air Act) now have expanded discussions of how environmental justice issues arise in the context of pollution control permitting. Chapter 2 (NEPA) includes two of the Standing Rock Sioux decisions about the Dakota Access Pipeline. In addition, the Introduction chapter has been revamped to more thoroughly introduce non-statutory approaches to environmental law, including constitutional and common-law approaches to the public trust doctrine and a brand new section on the Rights of Nature movement, emphasizing the environmental justice and indigenous rights tie-ins to those movements, before shifting to a discussion of why states and the federal government would choose statutes, a theme continued at the beginning of Chapter 1. The challenge of the Fifth Edition is the ongoing changes to environmental regulations in the opening year of the Biden Administration. The Fifth Edition updates through June 2021 and points to resources for keeping track of new developments. It discusses continuing regulatory issues such as climate change under the Clean Air Act and "waters of the United States" under the Clean Water Act in some detail, emphasizing the issues in contention and explaining why the EPA's regulatory approach continues to evolve.




Environmental Law 2008-2009


Book Description

To ensure that you have the most up-to-date and complete materials for your Environmental Law class, be sure to use Environmental Regulation: Statutory and Case Supplement with Internet Guide, 2008-2009 Edition . ENVIRONMENTAL JUSTICE Title VI of the Civil Rights Act of 1964 U.S. Environmental Protection Agency Title VI Regulations Executive Order 12,898, Environmental Justice THE REGULATORY PROCESS Administrative Procedure Act; Regulatory Flexibility Act Information Quality Act and OMB Guidelines Congressional Review Act Regulatory Planning and Review, Executive Order 12,866 REGULATION OF TOXIC SUBSTANCES Toxic Substances Control Act Federal Insecticide, Fungicide, and Rodenticide Act Safe Drinking Water Act Emergency Planning and Community Right-to-Know Act Safe Drinking Water and Toxic Enforcement Act (Proposition 65) WASTE MANAGEMENT AND POLLUTION PREVENTION Solid Waste Disposal Act (as Amended by the Resource Conservation and Recovery Act) Comprehensive Environmental Response, Compensation, and Liability Act Pollution Prevention Act AIR POLLUTION CONTROL Clean Air Act WATER POLLUTION CONTROL Federal Water Pollution Control Act (Clean Water Act) Oil Pollution Act LAND USE REGULATION Coastal Zone Management Act ENVIRONMENTAL ASSESSMENT National Environmental Policy Act NEPA Regulations BIODIVERSITY PROTECTION Endangered Species Act PUBLIC LAND MANAGEMENT Antiquities Act; Multiple Use Sustained Yield Act Forest and Rangeland Renewable Resources Planning Act Federal Land Policy and Management Act CASE SUPPLEMENT United States v. Atlantic Research Corp. United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority Environmental Defense v. Duke Energy Corp. Massachusetts v. EP Rapanos v. United States S.D. Warren Co. v. Maine Board of Environmental Protection Exxon Shipping Company v. Baker National Assn. Of Homebuilders v. Defenders of Wildlife




International Environmental Law


Book Description

This two-volume set contains a representative selection of leading articles by outstanding scholars, practitioners, and policymakers in the field of international environmental law (IEL). Professor Anton has organized the contributions along three major lines: firstly, the papers explore the challenge of transnational environmental problems and the nature of IEL, including fundamental principles and concepts, actors, and compliance and enforcement. Secondly, the development and application of IEL in the context of specific regimes is explored, including atmosphere, oceans, and hazardous substances. Finally, the volumes examine how IEL interacts with other international legal regimes, including international trade and human rights. All the contributions reflect a broad diversity of views and cover the most important key areas currently debated in IEL. Alongside an original introduction by the editor, this collection is a valuable tool for scholars, researchers, practitioners, and students with an interest in international environmental law.




Environmental Law: Statutory and Case Supplement


Book Description

This new edition provides an essential resource for students, teachers and practitioners of environmental law by including the complete, updated text of the major federal environmental laws and executive orders governing how agencies implement environmental policy. The supplement also includes significant Supreme Court decisions in cases decided during the last three years. New to the 2021-22 Edition: Edited copies of important new Supreme Court decisions interpreting the Comprehensive Environmental Response, Compensation and Liability Act (Guam v. U.S.) and the Endangered Species Act (U.S. Fish & Wildlife Service v. Sierra Club) and ruling on the reviewability of removal orders in state climate litigation (BP P.L.C. v. Mayor and City Council of Baltimore). New regulations governing implementation of the National Environmental Policy Act (NEPA). New Executive Orders from President Biden repealing executive orders issued by President Trump and directing agencies to employ an “all of government” approach to climate change and environmental justice. A complete updating of the major federal environmental statutes, including amendments to the Safe Drinking Water Act, the Toxic Substances Control Act, the Oil Pollution Act, the Clean Air Act, and the Federal Land Policy and Management Act.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Regulation, Enforcement and Governance in Environmental Law


Book Description

Regulation, Enforcement and Governance in Environmental Law is an updated edition of Richard Macrory's most influential writings. Spanning his entire career, these are all works which have helped shape contemporary environmental law and policy. The book includes the full text of his 2006 Cabinet Office Review on Regulatory Sanctions, new chapters on the Climate Change Act 2008, the Environment Tribunal, and analysis of recent leading cases. The book is divided into five thematic sections: Regulatory reform, Institutional Reform and Change, the Dynamics of Environmental Law, the Courts and the Environment and Europe and the Environment. Reviews of the first edition: 'This book is surely destined to become a 'must read' for anyone (academic, practitioner or student) interested in the development of regulation, enforcement, and environmental governance.' P Bishop, IUCN Academy of Environmental Law Journal 'An excellent reference work on environmental law....an extremely important and valuable edition to the environmental lawyer's bookshelf.' C Abbot, Journal of Environmental Law 'It is a rare to find a volume which consumes one's attention for 765 pages – and rarer still that such a blockbuster be a law book...This book is not solely for environmental enthusiasts – it should be essential reading for anyone concerned with the institutional reform, transparency and accountability in the UK and EU.' C MacKenzie, Cambridge Law Journal