Environmental law : examples and explanations /
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| Author / Creator: | Ferrey, Steven. |
|---|---|
| Edition: | 3rd ed. |
| Imprint: | New York : Aspen Publishers, c2004. |
| Description: | xxv, 628 p. : ill. ; 26 cm. |
| Language: | English |
| Series: | Examples & explanations Examples & explanations series. |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/5176453 |
Table of Contents:
- Preface
- Acknowledgments
- Chapter 1.. Environmental Ethics, Standards, Markets, and the Common Law
- The Concept of Environmental Regulation
- Ecosystems and Cycles
- Ethics and Efficiency: The Moral Basis of Pollution Control
- The EPA and Its Authority to Permit and Enforce
- Setting the Standard for Emissions to the Environment
- Tools and Techniques of Environmental Protection
- Common Law Environmental Remedies
- Key Distinctions
- Nuisance
- Trespass
- Negligence
- Strict Liability
- Public Trust Doctrine
- The Availability of Criminal Sanctions
- Chapter 2.. Administrative Procedure for Environmental Regulation
- Where the Action Is
- Drawing the Line: The Nondelegation Doctrine
- Staying Within the Tent: The Ultra Vires Docrine
- The Administrative Procedure Act
- Types of Agency Actions
- The Process and Judicial Review
- Standards of Judicial Review
- Remedies and Fees
- Federal Tort Claims Act
- Equal Access to Justice Act
- Public Access to Information
- Chapter 3.. The National Environmental Policy Act
- The Structure of NEPA
- The NEPA Text
- In the Beginning: Substance and Procedure
- The EIS Process
- The Administrative Process
- The Threshold Decision
- Judicial Review Under NEPA
- Timing and Scope of the EIS
- When: Timing of the EIS
- Who, What, and Where: Scope of the EIS
- When Again: The Supplemental EIS
- Adequacy of the EIS: Analysis and Alternatives
- Analysis of Sufficient Environmental Impacts
- Treatment of Alternatives
- Primary Alternatives
- Secondary Alternatives
- Mitigation Measures
- Judicial Review of Adequacy: Substance Versus Procedure
- Exemptions from NEPA
- International Environmental Effects
- Chapter 4.. Constitutional Issues: The Commerce Clause and Environmental Preemption
- The Commerce Clause and Environmental Regulation
- Issue 1. The Plenary Power of Congress to Regulate Interstate Commerce
- Issue 2. Restriction of State Power--The Dormant Commerce Clause
- Federal Preemption of State Environmental Regulation
- Express Preemption
- Implied Preemption
- Savings Clauses in Environmental Statutes
- Chapter 5.. Air Quality Regulation
- The Basics of Air Pollution Regulation
- Sources of Air Pollution
- Air Pollution Regulation Prior to 1970
- The Clean Air Act Amendments of 1970
- Ambient Air Quality: Area Regulation
- Source Controls: Regulation of Individual Emitters of Pollutants
- The Clean Air Act Amendments of 1977
- The Concept of Nonattainment: Geographic Standards
- The Clean Air Act Amendments of 1990
- Attainment and Maintenance of NAAQS: Title I
- Regulating Mobile Sources: Title II
- Hazardous Air Pollutants (NESHAPs): Title III
- Acid Deposition Control: Title IV
- Stratospheric Ozone Protection: Title VI
- Enforcement Provisions: Title VII
- Chapter 6.. Water Pollution
- The Importance of Water
- Water Quality and Pollution
- Primary Sources of Water Pollution
- Types and Measurements of Water Pollution
- Early Water Quality and Effluent Regulation
- The River and Harbors Act of 1899
- Twentieth Century Pre-1972 Water Pollution Control
- Federal Water Pollution Control Act
- The Structure
- Health-Based and Technology-Based Standards
- Amendments Regulating Specific Discharges
- Water-Quality Standards
- Enforcement
- Additional Federal Water Pollution Statutes
- The Safe Drinking Water Act
- Other Water Pollution Statutes
- Chapter 7.. Rights to Use Water
- Surface Water Rights
- Riparian Water Rights: Geographic Determination
- The System of Prior Appropriation: First in Time
- Dual System States
- Groundwater Allocation
- Riparian Rights
- Prior Appropriation Rights
- Federal and Tribal Rights
- Chapter 8.. The Management of Hazardous and Solid Wastes: RCRA
- What Waste Is Regulated?
- RCRA's Purpose and Goals
- Trigger 1. RCRA Regulates "Wastes"
- Trigger 2. RCRA Regulates Hazardous Wastes
- Regulation of Hazardous Waste Generators
- Regulation of Hazardous Waste Transporters
- TSD Facility Regulation
- Interim Status Facilities
- Permanent Permitted Status Facilities
- Relation to Other Regulation
- The Land Ban
- State and Local Government Regulation
- Wrestling the Tiger: Enforcement by Agencies and Citizens
- Information Gathering by the EPA: [section]3007
- Monitoring and Testing: [section]3013
- Citizen Suits: [section]7002
- Imminent and Substantial Endangerment Actions: [section]7003
- Criminal Violations
- RCRA Remedies and Bankruptcy Powers
- Subsidiary RCRA Regulatory Programs
- Underground Storage Tanks (UST)
- Medical Waste Tracking Act of 1988
- Chapter 9.. The Superfund: Hazardous Substance Remediation
- The Mechanics of CERCLA
- How Superfund Is Different from Other Environmental Laws
- Basic Structure
- EPA Tools to Accomplish Pollution Abatement and Impose Liability: [sections]106 and 107
- The Four Basic Tools
- Strict Liability
- Proximate Cause
- Basic Defenses
- Assignment and Allocation of Liability to Private Parties
- Joint and Several, or Several, Liability?
- Private PRP [section]107 Actions
- Private Party Allocation: [section]113
- Strategic CERCLA Litigation Choices and Outcomes
- The Application of CERCLA Liability in Special Situations
- Liability Status of Unconventional "Persons"
- Interrelationship of CERCLA and Other Law
- Insurance Compensation for Contamination: Who Ultimately Pays?
- Chapter 10.. Local Environmental Controls
- Land Use, Property Rights, and Environmental Law
- Zoning and Critical Environmental Habitats
- Zoning and the Environment
- Environmental Zoning Techniques
- Regulation of Critical Environmental Resources
- The Coastal Zone
- Wetlands
- Other Critical Areas
- Municipal Licensing for Environmental Goals
- The Municipal Power to License
- Building and Occupancy Permits
- Nonconforming Uses and Their Destruction
- Board of Health Environmental Authority
- Common Law Land Use Controls
- The Public Trust Doctrine
- Waste and Nuisance
- Legal Limitations on Environmental Land Use Regulation
- Spot Zoning
- Reverse Spot Zoning
- The "Takings" Clause Limitation
- Procedural Limitations
- Chapter 11.. Preservation of Natural Areas: Wetlands and Open Space
- Wetlands and Waterways
- What Is a Wetland?
- Regulation of Wetlands
- Early Regulation
- The Federal Water Pollution Control Act Amendments of 1972
- Jurisdictional Overlaps in Implementing [section]404
- Initial Review of the Army Corps of Engineers
- EPA Veto
- Review of EPA or Corps' Decisions
- The Role of the States in Wetlands Protection
- State Control of the [section]404 Program
- State Wetlands Protection Jurisdiction
- Protected Natural Resource Areas
- The Agencies in Control
- Wilderness Areas
- Timber Exploitation
- Mineral Exploitation
- Grazing
- Chapter 12.. Energy and the Environment
- Energy and the Environment
- The Role of Electricity
- The History of Power
- Regulation of Public Utilities
- Where Does It Come From--Where Does It Go?
- How Utility Rates Are Set
- Federal Versus State Regulation
- The Filed Rate Doctrine
- Deregulation of Power
- Deregulation of Power Generation
- Deregulation of Power and Wheeling
- Power Bidding
- Retail Sales and Wheeling
- Oil and Gas Rights
- Oil and Gas in the American Economy
- Environmental Repercussions
- Ownership and Transfer of Oil, Coal, and Gas Rights
- Chapter 13.. The Endangered Species Act
- Key Statutes
- Key Definitions
- The Key Verb: "Take"
- Listing of Species and Consultation
- Listing Species and Habitat: [section]4
- Required Cooperation and Consultation for Listed Species and Habitat: [section]7
- Exemption from [section]7
- Takings: [section]9
- What Private Action Is Prohibited
- Incidental Takes Allowed
- Chapter 14.. TSCA and FIFRA: Regulating Chemical Manufacture and Distribution
- The Toxic Substances Control Act (TSCA)
- What Is a Chemical Substance?
- Parties Regulated
- Testing Chemical Substances
- Regulating Existing Chemical Substances
- Enforcement
- The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
- Pesticides Defined
- Registration
- Export of Pesticides
- Preemption
- Chapter 15.. International Environmental Law
- The Structure and Limitations of International Environmental Law
- Treaties
- Custom
- General Principles of Law
- Judicial Decisions and Scholarly Writing
- International Forums for Justice
- Equity in International Justice
- The Application of International Environmental Law
- Judicial Decisions
- Trans-Boundary Harm
- Air Pollution
- Water Pollution
- Desertification
- Environmental Warfare
- Nuclear Power and Weapons
- Species and Toxins
- Glossary
- Abbreviations
- Table of Cases
- Index