Table of contents for Environmental law / Nancy K. Kubasek, Gary S. Silverman.

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.


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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.