Legal Protection of the Environment,9780314152664

Legal Protection of the Environment

by ; ; ;
Edition: 1st
ISBN13: 9780314152664
ISBN10: 0314152660
Format: Hardcover
Pub. Date: 2005-09-07
Publisher(s): West Academic
List Price: $119.00

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Summary

This new casebook is an excellent tool for teaching students how to analyze environmental issues and become environmental lawyers. It covers the most significant environmental programs, shows how they operate, and demonstrates how remaining ambiguities are resolved by both agencies and the courts. In addition to containing thorough coverage of the major pollution control laws and NEPA, this book places more emphasis than most similar books do on areas such as the wetlands program and the Endangered Species Act.

Table of Contents

Preface v
Acknowledgments vii
Table of Cases
xix
Introduction
1(81)
Introduction
1(1)
Some Perspectives on Environmental Law
2(33)
History of Environmental Law
2(4)
Types of Regulations
6(4)
Theoretical Issues
10(1)
Public Goods
11(2)
Notes and Comments
13(2)
Cost/Benefit Analysis
15(5)
Notes and Comments
20(1)
Risk Analysis
20(3)
Notes and Comments
23(1)
The Polluter Pays Principle
24(1)
Sustainable Development
24(2)
The Precautionary Principle
26(4)
Environmental Ethics
30(2)
Notes and Comments
32(1)
Environmental Justice
32(3)
Notes and Comments
35(1)
The Constitution and Environmental Law
35(34)
Authority for Environmental Laws
35(4)
Hodel v. Virginia Surface Mining and Reclamation Association, Inc.
39(3)
Hodel v. Indiana
42(4)
Notes and Comments
46(2)
Constitutional Limitations on Environmental Laws
48(1)
Tenth Amendment
48(1)
The Eleventh Amendment
49(1)
The Takings Clause
50(3)
Notes and Comments
53(1)
Constitutional Limitations on State Laws
54(1)
The Supremacy Clause
54(2)
The Dormant Commerce Clause
56(2)
Constitutional Limitations on Bringing Lawsuits
58(1)
Lujan v. Defenders of Wildlife
59(10)
Notes and Comments
69(1)
Administrative Law Issues
69(13)
Rulemaking
70(1)
Adjudication
71(1)
Presidential Oversight
72(1)
Judicial Review
73(1)
Obtaining Review
73(1)
Preclusion of Review
73(1)
APA Requirements for Review
74(1)
Zone of Interests
74(1)
Finality
75(2)
Exhaustion of Administrative Remedies
77(1)
Common Law Requirements for Review
78(1)
Issue Exhaustion and Waiver
78(1)
Ripeness
78(1)
The Scope of Judicial Review
79(3)
NEPA
82(48)
Introduction to NEPA
82(1)
Overview of NEPA and the NEPA Process
83(8)
Is an EIS Required?
91(21)
Is it a Major Action?
91(1)
Kleppe v. Sierra Club American Electric Power System v. Sierra Club
92(8)
Notes and Questions
100(1)
Is it Federal?
101(1)
Winnebago Tribe of Nebraska v. Ray
101(4)
Notes and Questions
105(1)
Does it Significantly Affect the Quality of the Human Environment
106(1)
Grand Canyon Trust v. Federal Aviation Administration
107(4)
Notes and Questions
111(1)
Is the EIS Adequate?
112(13)
Environmental Effects
112(2)
Robertson v. Methow Valley Citizens Council
114(7)
Notes and Questions
121(1)
Alternatives Consideration
121(2)
Mitigation
123(1)
Robertson v. Methow Valley Citizens Council
123(2)
State Environmental Policy Acts
125(2)
The Effects of NEPA
127(3)
The Clean Water Act
130(83)
The NPDES Program
130(83)
Jurisdiction
131(1)
Addition of a Pollutant
132(1)
Catskill Mountains Chapter of Trout Unlimited, Inc. v. City of New York
132(3)
Notes and Questions
135(3)
Navigable Waters
138(1)
Idaho Rural Council v. Bosma
139(2)
Notes and Questions
141(2)
Point Source
143(1)
United States v. Plaza Health Laboratories, Inc.
143(5)
Notes and Questions
148(2)
The Federal/State Relationship
150(1)
How States Become Authorized
151(1)
Natural Resources Defense Council, Inc. v. EPA
152(4)
Notes and Questions
156(1)
EPA Oversight
157(1)
Natural Resources Defense Council, Inc. v. U.S. EPA
158(3)
Questions and Notes
161(1)
Substantive Standards
162(1)
Technology-Based Standards
163(1)
Weyerhaeuser Co. v. Costle
164(7)
Questions and Notes
171(7)
Water Quality--Based Requirements
178(1)
How Water Quality Standards are Set
178(2)
Notes and Questions
180(2)
How Water Quality Standards are Implemented for Point Sources
182(2)
Arkansas v. Oklahoma
184(5)
Questions and Notes
189(3)
Other Water Quality--Based Programs Under the CWA
192(1)
§ 401 Certifications
192(1)
PUD No. 1 of Jefferson County v. Washington Dept. of Ecology
193(7)
Questions and Notes
200(2)
Sections 208 and 319
202(1)
The TMDL Program
203(2)
Pronsolino v. Nastri
205(6)
Notes and Questions
211(2)
Clean Air Act
213(176)
The Problem of Air Pollution
213(19)
The Clean Air Act---Overview
232(2)
The Clean Air Act and the Control of ``Criteria Pollutants''
234(47)
What is a Criteria Pollutant?
234(1)
Natural Resources Defense Council, Inc. v. Train
234(4)
Notes and Questions
238(1)
How is a National Ambient Air Quality Standard Established?
239(10)
Whitman v. American Trucking Associations, Inc.
249(6)
Commonwealth of Massachusetts v. United States Environmental Protection Agency
255(1)
How are the National Ambient Air Quality Standards Met?---State Implementation Plans
255(1)
Natural Resources Defense Council, Inc. v. Train
256(1)
Train v. Natural Resources Defense Council, Inc.
257(2)
What about the transport of criteria pollutants?
259(1)
Appalachian Power Company v. Environmental Protection Agency
260(14)
Notes and Questions
274(1)
Environmental Protection Agency
274(3)
Notes and Questions
277(1)
What happens when the states don't meet the NAAQS---Non-compliance
277(3)
Whitman v. American Trucking Associations, Inc.
280(1)
The Clean Air Act---Direct Controls on Sources
281(40)
Stationary sources
281(3)
Notes and Questions
284(1)
Lignite Energy Council v. U.S. Environmental Protection Agency
284(4)
New Source Review---What about existing sources? (An exercise in the administrative process)
288(1)
New Source Review
289(1)
Application to Existing Sources
289(1)
Wisconsin Electric Power Company v. Reilly
290(8)
Notes and Questions
298(1)
Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.
299(8)
Wisconsin Electric Power Company v. Reilly
307(7)
Notes and Comments
314(3)
United States v. Ohio Edison Company
317(2)
Notes and Questions
319(2)
Clean Air Act---Prevention of Significant Deterioration and Related Requirements
321(19)
The Core Program
321(1)
Alabama Power Company v. Costle
321(7)
Air Quality Related Values and Visibility Protection
328(1)
Central Arizona Water Conservation District v. United States Environmental Protection Agency
329(11)
The Clean Air Act---General Enforcement and Permits for Regulated Stationary Sources
340(27)
What is required for a state permit program to be approved?
342(1)
Public Citizen, Inc. v. United States Environmental Protection Agency
342(9)
Federal Overfiling---Federal Enforcement above and beyond the state
351(1)
Alaska Department of Environmental Conservation v. Environmental Protection Agency
351(16)
Clean Air Act---Regulation of Hazardous Air Pollution
367(5)
History of the regulation of HAP--the change to technology based standards
367(4)
Health Based Standards Remain
371(1)
The Clean Air Act---Mobile Sources
372(9)
The Clean Air Act---Acid Deposition Control and the Use of Market Based Controls
381(8)
SO2 Emission Limitation Program
382(2)
NOx Emission Limitation Program
384(1)
The Use of Market Based Trading Systems
385(4)
Resource Conservation and Recovery Act
389(33)
Overview and Jurisdiction
389(19)
What is a ``Solid Waste''?
390(2)
American Mining Congress v. U.S. EPA
392(6)
Notes and Questions
398(6)
What is a ``Hazardous Waste''?
404(2)
Notes and Questions
406(2)
The Regulatory Program
408(14)
Generator Requirements
408(4)
Notes and Questions
412(1)
Requirements for Treatment, Storage and Disposal Facilities (TSDs)
412(8)
Notes and Questions
420(2)
Regulatory Enforcement
422(96)
Enforcement
422(96)
Investigations
422(2)
Enforcement Options
424(1)
EPA--Lead Civil Actions in Court
425(1)
Weinberger v. Romero-Barcelo
425(6)
Questions and Notes
431(1)
United States v. The Municipal Authority of Union Township
432(6)
Questions and Notes
438(1)
Administrative Enforcement
439(1)
Southern Pines Associates v. United States
439(3)
Questions and Notes
442(11)
Questions and Notes
453(2)
Criminal Enforcement
455(1)
United States v. Weitzenhoff
456(8)
Questions and Notes
464(1)
Federalism Issues in the Enforcement Context
465(1)
Harmon Industries, Inc. v. Browner
466(4)
Questions and Notes
470(2)
Citizen Suits
472(1)
Notice
473(1)
Standing
474(1)
Friends of the Earth v. Laidlaw Environmental Services
474(5)
Questions and Notes
479(4)
The Gwaltney Doctrine
483(1)
Gwaltney of Smithfield, Ltd., v. Chesapeake Bay Foundation, Inc.
483(7)
Questions and Notes
490(4)
Friends of the Earth, Inc. v. Laidlaw Environmental Services
494(5)
Questions and Notes
499(3)
The Effect of Prior Governmental Enforcement Actions
502(2)
Attorney Fees
504(1)
Hensley v. Eckerhart
505(3)
Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources
508(7)
Questions and Notes
515(3)
Comprehensive Environmental Response, Compensation and Liability Act
518(74)
Cercla
518(74)
Overview and Jurisdiction
518(3)
EPA Response
521(1)
Liable Parties
522(1)
Owner/Operator Liability
523(1)
Ownership Liability
523(1)
New York v. Shore Realty Corp.
523(1)
Notes and Questions
524(3)
Operator Liability
527(1)
United States v. Bestfoods
527(6)
Notes and Questions
533(4)
Arrangers for Disposal or Treatment
537(1)
United States v. Wade
538(2)
Notes and Questions
540(3)
Scope of Liability
543(1)
United States v. Chem--Dyne Corp.
543(4)
O'Neil v. Picillo
547(3)
Notes and Questions
550(2)
Defenses
552(5)
Notes and Questions
557(3)
A Quick Overview of the Cleanup Process
560(4)
Settlement
564(5)
United States v. Cannons Engineering Corp.
569(6)
Notes and Questions
575(1)
Private Party Cost-Recovery and Contribution
575(2)
Bedford Affiliates v. Sills
577(2)
Cooper Industries, Inc. v. Aviall Services, Inc.
579(6)
Notes and Questions
585(7)
Protection of Particular Natural Resources
592(135)
The Endangered Species Act of 1973
592(64)
Outline of the Act
593(1)
Section 4
593(1)
Listing
594(1)
Endangered or Threatened
594(1)
Notes and Comments
595(2)
``A Significant Portion of its Range''
597(1)
Defenders of Wildlife v. Norton
597(3)
Notes and Comments
600(1)
``Species'' includes ``subspecies''
600(1)
``Species'' includes Distinct Population Segments
601(1)
National Association of Home Builders v. Norton
602(6)
Notes and Comments
608(2)
Critical Habitat
610(3)
Recovery
613(1)
The Procedures
613(2)
Notes and Comments
615(1)
Section 7
616(1)
The Affirmative Obligation
617(1)
The Procedural Requirements
618(2)
Thomas v. Peterson
620(4)
Lane County Audubon Society v. Jamison
624(4)
Newton County Wildlife Association v. Rogers
628(1)
Questions and Comments
629(2)
The Substantive Requirements
631(1)
Gifford Pinchot Task Force v. United States
632(3)
Notes and Comments
635(1)
Exemptions
636(2)
Notes and Comments
638(1)
Section 9
639(1)
Babbitt v. Sweet Home Chapter of Communities for a Great Oregon
639(12)
Notes and Questions
651(2)
Section 10
653(2)
Section 11
655(1)
Protecting Wetlands
656(48)
Section 404 of the Clean Water Act
657(1)
What Waters are Covered?
658(1)
United States v. Riverside Bayview Homes, Inc.
659(4)
Notes and Comments
663(1)
Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers
664(9)
Notes and Comments
673(3)
What Activities are Covered?
676(2)
National Mining Association v. U.S. Army Corps of Engineers
678(3)
Notes and Comments
681(3)
Exceptions from the Permit Requirement
684(1)
The 404 Permit
684(2)
The 404 (b)(1) Guidelines and the Public Interest Review
686(3)
Fund for Animals, Inc. v. Rice
689(6)
Notes and Comments
695(1)
General Permits and Alternative Procedures
696(1)
Nationwide Permits
696(2)
Other General Permits and Letters of Permission
698(2)
Notes and Comments
700(1)
The Swampbuster Program
701(3)
The Surface Mining Control and Reclamation Act of 1977
704(23)
Background
704(4)
SMCRA's Provisions
708(2)
Notes and Comments
710(1)
Issues
711(1)
Federalism Issues
711(2)
Haydo v. Amerikohl Mining, Inc.
713(3)
Molinary v. Powell Mountain Coal Company
716(4)
Notes and Comments
720(1)
Mountaintop-removal/Valley fill mining
720(4)
Notes and Comments
724(1)
Enforcement Issues
724(3)
Appendix 727(36)
Glossary of Acronyms 763(4)
Index 767

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