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CONTENTS Preface PART I: AN NTRODUCTION TO THE LAW CHAPTER 1 The American Legal System: The Source of Environmental Law Sources of Law The Legislative Branch as a Source of Statutory Law The Judicial Branch as a Source of Case Law The Executive Branch as a Source of Law Administrative Agencies as a Source of Law Classifications of Law Case and Statutory Law Public and Private Law Criminal Law and Civil Law Constitutional Principles Underlying the American Legal System Federalism Federal Preemption The Commerce Clause The Fourth Amendment The Fifth and Fourteenth Amendments A Constitutional Right to Environmental Protection? Questions for Review and Discussion For Further Reading On the Internet Notes Resolving Controversial Environmental Issues The Contradictory Behavior of the EPA CHAPTER 2 The Litigation Process and Other Tools for Resolving Environmental Disputes The Adversary System An Introduction to the Adversary System Criticisms of the Adversary System The federal court system The state court system Choice of Courts Primary Actors in the Legal System The Attorney The Judge The Jury Steps in Civil Litigation The Threshold Issues Pretrial The Trial Appellate Procedure Alternatives to Civil Litigation Arbitration Mediation Concluding Remarks Questions for Review and Discussion For Further Reading On the Internet Notes Resolving Controversial Environmental Issues Does a Turtle Have More Rights than a Human? CHAPTER 3 Administrative Law and Its Impact on the Environment Creation of Administrative Agencies Functions of Administrative Agencies Rule Making Adjudication Administrative Activities Limitations on Agency Powers Statutory Limitations Institutional Limitations Important Agencies Affecting the Environment Executive Versus Independent Agencies Hybrid Agencies The Environmental Protection Agency Interagency Cooperation The Department of the Interior and Its Agencies The Department of Agriculture and Its Agencies The Department of Labor and Its Agencies Concluding Remarks Questions for Review and Discussion For Further Reading On the Internet Notes Resolving Controversial Environmental Issues In Some Cases, We Do Not Want Power by the People PART II: THE ENVIRONMENTAL LAWS CHAPTER 4 An Introduction to Environmental Law and Policy The Need for Regulation Tragedy of the Commons Free-Rider Problem Pollution as an Externality Environmental Ethic Alternative Ways to Control Pollution Tort Law Subsidies, Emissions Charges, and Marketable Emissions Permits Green Taxes Direct Regulation Evolution of Our Environmental Policy The Origins of Our Environmental Policy The 1970S: The Environmental Decade The 1980S The Early 1990S The Middle to Late 1990s Increasing Use of ¿Market Forces¿ ISO 14000 The Beginning of the 21st Century National Environmental Policy Act Council on Environmental Quality Environmental Impact Statement Alternatives to the EIS Effectiveness of NEPA Pollution Prevention Act of 1990 Concluding Remarks Questions for Review and Discussion For Further Reading On the Internet Notes Resolving Controversial Environmental Issues The Right to Pollute CHAPTER 5 Air-Quality Control The Major Air Pollutants Sulfur Dioxide Nitrogen Oxides Carbon Monoxide Ozone Particulates Lead Airborne Toxins Some Significant Air-Quality Problems Acid Deposition Depletion of the Ozone Layer Human-Induced Global Climate Change Indoor Pollution The Initial Approach to Air-Quality Control Air-Pollution Control Act of 1955 Motor Vehicle Control Act of 1960 Clean Air Act of 1963 Motor Vehicle Air-Pollution Control Act of 1965 1967 Air-Quality Act Current Approaches to Air-Quality Control National Ambient Air-Quality Standards No Significant Deterioration New Source Review Mobile Source Performance Standards The 1990 Clean Air Act Amendments 1990 Air Toxics Program Acid Rain-Control Program Enforcement of the 1990 Act The Clear Skies Initiative Solutions Beyond the Clean Air Act Concluding Remarks Questions for Review and Discussion For Further Reading On the Internet Notes Resolving Controversial Environmental Issues Equal Rights Among Autos CHAPTER 6 Water-Quality Control The Major Water Pollutants Pathogens Conventional Organics Toxic Trace Organics Nutrients Heavy Metals Ionizing Radiation Other Measures Some Significant Water-Quality Problems Trace Levels of Toxic Organics Lead and Copper Radon and Other Radionuclides Coastal Contamination Concentrated Animal Feedlots Protecting Water Through Government Actions Water Rights Protecting Surface Water Quality Protecting Groundwater Quality Protecting Drinking Water Quality Concluding Remarks Questions for Review and Discussion For Further Reading On the Internet Notes Resolving Controversial Environmental Issues What Lurks Behind that Faucet CHAPTER 7 Controlling Toxic Substances Identification of Potentially Toxic Substances Scientific Uncertainty Risk Assessment TSCA FIFRA FFDCA FQPA Pesticide Environmental Stewardship Program Progress Under the Acts International Regulation of Toxic Substances Rotterdam Convention Toxic Torts Theories of Recovery Problems in Establishing Causation Enterprise Liability Punitive Damages Concluding Remarks Questions for Review and Discussion For Further Reading On the Internet Notes Resolving Controversial Environmental Issues EPA Too Cautious with Pesticides CHAPTER 8 Waste Management and Hazardous Releases Waste Control Techniques Municipal Solid Waste Hazardous Waste Enforcement of RCRA CERCLA: An Overview Emergency Response Plans and Right to Know Federal Response to Contaminated Sites Removal Action Remedial Response Brownfields Underground Storage Tank Program Concluding Remarks Questions for Review and Discussion For Further Reading On the Internet Notes Resolving Controversial Environmental Issues AS Superfund Turned the Corner? Superfund Summary of Significant Accomplishments CHAPTER 9 Energy Energy Policy: A Historical Overview The Crisis Begins A Return to Complacency A Bright Spot: The Energy Policy Act A ¿Voluntary¿ Energy Policy Transportation National Energy Policy Plans Energy Consumption and Production Coal: The Oldest Energy Source Problems with Coal Regulation of the Mining Industry Petroleum and Natural Gas Onshore Development Problems Offshore Development Problems Oil Spills Nuclear Energy History of Nuclear Energy Development Problems with Nuclear Energy Regulation of the Nuclear Industry Renewable Fuels Hydropower Solar Energy Wind Energy Biomass Energy Geothermal Energy Hydrogen Fuel Concluding Remarks Questions for Review and Discussion For Further Reading On the Internet Notes Resolving Controversial Environmental Issues Oil is the Best Form of Energy Funds for Alternative Energy Needed CHAPTER 10 Natural Resources Protecting Public Lands Forests Rangelands Regulation of Public Lands Wetlands, Estuaries, and Coastal Areas Benefits of Wetlands Destruction of Wetlands Regulations to Preserve Coastal Areas, Estuaries, and Wetlands Commerce Clause Restrictions on Wetlands Preservation Marine Protection, Research, and Sanctuaries Act Coastal Zone Management Act Coastal Wetlands Planning, Protection, and Restoration Act of 1990 The Convention on Wetlands of International Importance Especially as Waterfowl Habitat ¿Swampbuster¿ Provisions of the 1985 Food Security Act National Estuary Program ¿No Net Loss¿ Policy Estuary Restoration Act of 2000 Protection of the Great Lakes Wild and Scenic Rivers System Endangered Species The Global Extinction Crisis Concluding Remarks Questions for Review and Discussion For Further Reading On the Internet Notes Resolving Controversial Environmental Issues Ban on Snowmobiles Best Policy for Yellowstone Ban on Snowmobiles Unnecessary CHAPTER 11 International Environmental Law The Need For international environmental law Overpopulation Loss of Biological Diversity The Global Commons Environmental Disasters and Transboundary Pollution The Nature of International Law Sources of International Environmental Law Conventional Law Customary Law Institutions that Effectuate and Influence International Environmental Law United Nations World Bank Global Environment Facility European Union Addressing Specific International Environmental Problems Transboundary Pollution §902 Interstate Claims and Remedies Choice of Forums The global Commons Preservation of Biological Diversity Madrid Protocol The Future of International Environmental Law Rio Summit Environmentalism and Trade Concluding Remarks Questions for Review and Discussion For Further Reading On the Internet Notes Resolving Controversial Environmental Issues Amend the WTO Process and Production Methods Cannot Be Regulated APPENDIX Abbreviations and Acronyms Index
Library of Congress Subject Headings for this publication:
Environmental law -- United States.
Environmental protection -- United States.