The NEPA Litigation Guide


Book Description

The National Environmental Policy Act (NEPA) introduced the environmental impact statement, transformed decision making by federal agencies, and spurred the growth of an extensive body of environmental law. This book takes a close look at the litigation of NEPA cases, including jurisdiction and related issues, standard and scope of judicial review, and the specific concerns of litigators. It identifies key NEPA issues and offers solutions to the challenges faced in practice, including climate change and its relationship to the NEPA process.




NEPA Law and Litigation


Book Description




Environmental Law Practice


Book Description

Adopted at dozens of law schools, this book is a valuable resource for imparting practical skills. Authors Anderson, Hirsch, Sachs, and Tormey have drawn on their wide experience as environmental law professors and practitioners to develop realistic exercises that teach the craft of environmental lawyering. Readers will learn how to bring a federal enforcement action against a polluter; negotiate a Superfund settlement; prepare documents and strategy for a citizen's suit; counsel a corporation on environmental compliance; navigate the issues that arise in government agency litigation (e.g., limits on discovery, standards of review); comment on EPA rule making; and handle environmental issues that arise in permitting a complex real estate development, as well as many other relevant skills. Updated and expanded, the fourth edition of Environmental Law Practice is comprehensive in scope. It contains problems and exercises under each of the major environmental statutes. In addition, it places readers in the three key roles played by environmental lawyers--government attorney, corporate counsel, and public interest advocate--and provides practice pointers for each of these types of work. The book makes extensive use of original documents such as statutes, the Code of Federal Regulations (CFR), regulatory preambles, and agency guidance, exposing students to the materials that environmental lawyers use most. This book covers the most significant areas of environmental practice: compliance, enforcement, litigation, permitting, and policy. It gives in-depth treatment of substantive environmental law areas such as the Clean Air Act, Clean Water Act, CERCLA, RCRA, EPCRA, NEPA, and citizen suits. It incorporates current developments in environmental law, such as recent Supreme Court and circuit court cases. Of the many books on environmental law, Environmental Law Practice is the one to use to develop the skills to become a practice-ready environmental attorney.




The National Environmental Policy Act


Book Description

"The National Environmental Policy Act has grown more, not less, important in the decades since its enactment. No one knows more about NEPA than Lynton Caldwell. And no one has a clearer vision of its relevance to our future. Highly recommended." —David W. Orr, Oberlin College What has been achieved since the National Environmental Policy Act was passed in 1969? This book points out where and how NEPA has affected national environmental policy and where and why its intent has been frustrated. The roles of Congress, the President, and the courts in the implementation of NEPA are analyzed. Professor Caldwell also looks at the conflicted state of public opinion regarding the environment and conjectures as to what must be done in order to develop a coherent and sustained policy.




International Judicial Practice on the Environment


Book Description

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.







The NEPA Reference Guide


Book Description

"The NEPA Reference Guide conveniently organizes and indexes the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) regulations and guidance, along with relevant federal case law, all in one place. Practitioners will use this as a reference tool to quickly learn the statutory, regulatory, and case law authority for a large number of NEPA subjects."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved




The Law of Environmental Justice


Book Description

Environmental justice is the concept that minority and low-income individuals, communities and populations should not be disproportionately exposed to environmental hazards, and that they should share fully in making the decisions that affect their environment. This volume examines the sources of environmental justice law and how evolving regulations and court decisions impact projects around the country.







Making Bureaucracies Think


Book Description

The central concern of this book is the social intelligence that goes into environmental decisions. Not, what is the 'correct' balance when trade-offs must be made between environmental and economic values? But rather, how can the social thinking necessary for intelligent trade-offs be institutionalized? How, that is, can environmental impacts be recognized beforehand so that less costly trade-offs can be explored, relative risks assessed, and choices made in a manner acceptable to both the public and the government? This book evaluates the first ten years of the Environmental Impact Statement (EIS) process of the 1969 National Environmental Policy Act - in particular, how it has worked inside two federal agencies with important impacts on the environment, the Forest Service and the Army Corps of Engineers. It assesses how successful the EIS process has been in establishing a concern for environmental values in the federal bureaucracy, and how widely applicable the general impact statement approach is in other policy areas.