Table of contents for Environmental law : examples and explanations / Steven Ferrey.

Bibliographic record and links to related information available from the Library of Congress catalog.

Note: Contents data are machine generated based on pre-publication provided by the publisher. Contents may have variations from the printed book or be incomplete or contain other coding.


Counter
Contents
Preface	xxiii
Acknowledgments	xxv
		
			
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	
			Conventional Pollutants	
			Toxic Pollutants	
		Tools and Techniques of Environmental Protection	
 Technology Forcing Standards	
 Regulation of Existing Versus New Emitters	
 Taxes and Subsidies	
 Flexible Market Incentives	
 Risk Assessment	
 Environmental Equity	
	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 Doctrine	
	The Administrative Procedure Act	
		Types of Agency Actions	
			Informal Rulemaking	
			Formal Rulemaking	
			Adjudications	
			Hybrid Procedures	
			Staying Current	
			Reg-Neg	
		The Process and Judicial Review	
 Standing to Sue	
 Ripeness of the Action	
 Exhaustion of Administrative Remedies and Estoppel	
		Standards of Judicial Review	
			What Can Be Appealed to the Courts	
			The Choice of Standard	
	Remedies and Fees	
 Federal Tort Claims Act	
 Equal Access to Justice Act	
 Public Access to Information	
 Freedom of Information Act	
 Federal Advisory Committee Act	
 The Sunshine Act	
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	
			Major Federal Action	
			Significantly Affecting the Quality of the Human Environment
	
			The Human Environment	
		Judicial Review Under NEPA	
	Timing and Scope of the EIS	
		When: Timing of the EIS	
		Who, What, and Where: Scope of the EIS	
Actions: Program Impact Statements,	 Segmentation, and the Small Handle Problem
	
			Alternatives to the Proposed Action	
		When Again: The Supplemental EIS	
	Adequacy of the EIS: Analysis and Alternatives	
		Analysis of Sufficient Environmental	 Impacts	
To Analyze or Not to Analyze? EIS Uncertainty and Possible
Delay	
			Worst-Case Risk Analysis	
			Cost-Benefit Analysis	
		Treatment of Alternatives	
			No-Action Alternative	
	Primary Alternatives	
	Secondary Alternatives	
	Mitigation Measures	
	Judicial Review of Adequacy: Substance Versus Procedure	
	Exemptions from NEPA	
		Statutory Exemptions	
		Statutory Conflicts: The Flint Ridge Case	
		National Security
	International Environmental Effects	
Chapter 4.	Constitutional Issues: The Commerce Clause and Environmental 
Preemption	
 The Commerce Clause and Environmental Regulation	
Issue One: The Plenary Power of Congress to Regulate Interstate Commerce	
			Direct Federal Regulation	
			The Tenth Amendment Limitation on Federal Power to Regulate	
		Issue Two: Restriction of State Power ?	
			The Dormant Commerce Clause	
				Geographically Discriminatory Legislation
The Balancing Test for State Legislation That Is Not Facially Discriminatory but 
May Burden Interstate Commerce	
Market Participant Analysis: When a State Does Not Regulate	
	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	
			Existing Sources: RACT	
			Nonattainment Areas:	
				New Source Review (NSR)	
			Attainment Areas: Prevention of Significant Deterioration 
(PSD)	
			Summary of Permitting	
	The Clean Air Act Amendments of 1990	
		Attainment and Maintenance of NAAQS: Title I	
			Failure to Achieve Compliance	
			Pollutant-Specific Requirements for Nonattainment Areas	
		Regulating Mobile Sources: Title II	
			Emission Controls	
			Fuel Programs	
			Vehicle Fleet Programs	
		Hazardous Air Pollutants (NESHAPs): Title III	
		Acid Deposition Control: Title IV	
		Stratospheric Ozone Protection: Title VI
		Enforcement Provisions: Title VII	
			EPA Enforcement	
			Citizen Suits	
			Criminal Penalties	
			Privileged Legal Information	
Chapter 6.	Water Pollution	
	The Importance of Water	
	Water Quality and Pollution	
		Primary Sources of Water Pollution	
			Point Sources	
			Nonpoint Sources	
		Types and Measurements of Water Pollution	
			Biological Hazards	
			Chemical Hazards	
	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	
			Permits for Point Source Discharges to U.S. Waters	
			Toxic Pollutants	
		Health-Based and Technology-Based Standards	
			Health-Based Standards	
			Technology-Based Standards	
		Amendments Regulating Specific Discharges	
			Existing Industrial Sources	
			POTWs	
			New Industrial Sources	
			Nonpoint Sources	
			FDF Variances	
		Water-Quality Standards	
		Enforcement	
	Additional Federal Water Pollution Statutes	
		The Safe Drinking Water Act	
		Other Water Pollution Statutes	
			The Coastal Zone Management Act	
			The Oil Pollution Act	
			The Marine Protection Act	
			The Fish and Wildlife Coordination Act	
Chapter 7.	Rights to Use Water	
	Surface Water Rights	
		Riparian Water Rights: Geographic	
			Determination	
				What Are Riparian Water Rights?	
				Water Types Subject to Riparian Rights	
				Riparian Land	
				The Evolution of the Reasonable Use Rule	
				The Effect of Non-Use and Prescription	
			The System of Prior Appropriation: First	 in Time	
				Development of Prior Appropriation	
				Obtaining Priority Rights: Appropriation	
				Water That May Be Appropriated	
				The Transfer or Conveyance of Water Rights	
			Dual System States	
				Administrative Permit Systems	
				Constitutional Issues	
	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 One: RCRA Regulates ?Wastes?	
		Trigger Two: RCRA Regulates	
			Hazardous Wastes	
				Criteria for Identifying Regulated Hazardous Wastes	
Hazardous Wastes Regulated Under Other Statutes Are Excluded from RCRA 
Regulation	
				Other Unregulated or Minimally Regulated 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	
			Overfiling	
	Wrestling the Tiger: Enforcement by Agencies and Citizens	
		Information Gathering by the EPA: ?3007	
			Information	
			Inspections	
		Monitoring and Testing: ?3013	
		Citizen Suits: ?7002	
		Imminent and Substantial Endangerment Actions: ?7003	
			The Contribution	
			The Actors	
			Remedies	
		Criminal Violations	
			Scienter	
			Penalties	
		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	
 Prospective or Retrospective	
 Wastes and Other Substances	
 Persons and Places	
 Common Law Distinctions	
		Basic Structure	
 Information and Inspection: ??103 and 104	
 Key CERCLA Definitions	
 Clean-up Authority: ??104 and 105	
 The Superfund: ??111 and 112	
 Liability Allocation: ?107	
 The 1986 SARA Amendments	
EPA Tools to Accomplish Pollution Abatement and Impose Liability: ??106 and 107
	
		The Four Basic Tools	
 ?106 Orders and Injunctive Remedies	
 ?107 Litigation	
 ?104 Friendly Persuasion	
		Strict Liability	
		Proximate Cause	
 Generators	
 Owners and Operators	
 Officer Liability	
 Transporters	
		Basic Defenses	
	Assignment and Allocation of Liability to Private Parties	
		Joint and Several, or Several, Liability?	
 Divisibility of the Harm	
 Equitable Factors as Apportionment Tools	
 Private PRP ?107 Actions	
 Private Party Allocation: ?113	
 Uniform Contribution Among Tortfeasors Act (UCATA)	
 Uniform Comparative Fault Act (UCFA)	
		Strategic CERCLA Litigation Choices and Outcomes	
 Substantive Distinctions	
 Statutes of Limitation and Review	
	The Application of CERCLA Liability in Special Situations	
		Liability Status of Unconventional ?Persons?	
			Municipal Liability
 Liability of Trustees, Fiduciaries, and Lenders	
 Liability of Parent Corporation for Acts of the Subsidiary	
				Successor Corporation Liability	
				Liability of Persons During Acts of War	
			Interrelationship of CERCLA and Other Law	
				Effect of Indemnities and ?Hold Harmless? Clauses	
				Interplay with Bankruptcy Law	
				The Petroleum Exclusion	
				Natural Resource Damages and Economic Loss	
				Liens Against PRP Property	
Interlocutory Challenge: The ?Take It or Leave It? Proposition	
				Criminal and Civil Penalties	
Insurance Compensation for Contamination: Who Ultimately Pays?
				The Duty to Defend	
The Requirement of an ?Occurrence? Within the Policy Period	
				The ?Trigger? of Coverage	
				The Pollution Exclusion Clause and Its
				Interpretation: ?Sudden and Accidental? Polluting Events
	
				The Absolute Pollution Exclusion	
				Equitable Relief Versus Damages: Are	
				Clean-up Costs Covered Under the CGL Policy?	
Chapter 10.	Local Environmental Controls	
	Land Use, Property Rights, and Environmental Law	
	Zoning and Critical Environmental Habitats	
		Zoning and the Environment	
			History and Evolution of Zoning Techniques	
			Legal Problems with Zoning	
		Environmental Zoning Techniques	
			Euclidean Zoning	
			Subdivision Control	
			Cluster Zoning	
			Planned Unit Development (PUD)	
			Transferable Development Rights (TDR)	
			Environmental Overlay Districts	
			Open Space Zoning	
			Restrictions on Growth	
			Exactions	
			Conservation Easements, Land Acquisition, and Taxation	
			Performance Standards	
	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	
				Due Process	
				Variances	
				Vested Rights	
				Special Permits	
Chapter 11.	Preservation of Natural Areas: Wetlands and Open Space	
	Wetlands and Waterways	
	What Is a Wetland?	
	Regulation of Wetlands	
		Early Regulation	
			The Rivers and Harbors Act of 1899	
			The National Environmental Policy Act (NEPA)	
			The Wild and Scenic Rivers Act	
		The Federal Water Pollution Control Act Amendments of 1972	
			?404 Overview	
			Exemptions	
			The Extent of Jurisdiction Under the Clean Water Act	
	Jurisdictional Overlaps in Implementing ?404	
		Initial Review of the Army Corps of Engineers	
		EPA Veto	
		Review of EPA or Corps? Decisions	
			Administrative Review	
			Citizen Suits Under ?505	
			Regulatory Takings	
	The Role of the States in Wetlands Protection	
		State Control of the ?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	
			High Energy	
			Electricity as a Special Resource	
			Energy Efficiency	
			Pollution from Power Plants	
	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: ?4	
		Required Cooperation and Consultation for Listed Species and 
Habitat: ?7	
		Exemption from ?7	
	Takings: ?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	
			Existing Substances That Present an ?Unreasonable Risk of 
Injury?	
			?Imminently Hazardous? Existing Substances	
			?Significant New Uses? of Existing Substances	
			Regulating New 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	

Library of Congress Subject Headings for this publication:

Environmental law -- United States.