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Environmental Law and Policy: Nature, Law, and Society

Summary of Contents

Part One. Basic Themes in Environmental Law

Chapter 1. Basic Themes in Environmentalism

Chapter 2. Cross-Cutting Themes in Environmental Law

Part Two. The Enduring Role of the Common Law in Environmental Protection 

Chapter 3. The Common Law in Modern Environmental Law 

Chapter 4. The Special Challenges of Toxic Tort Litigation 

Part Three. The Structural Elements of the Regulatory State 

Chapter 5. An Overview of Environmental Regulation in the United States 

Chapter 6. The Administrative Law of Environmental Law: The Law of Administrative Agencies 

Chapter 7. Sovereignty in the Environmental Law Context 

Part Four. A Taxonomy of Legal Approaches to Environmental Protection 

Chapter 8. Disclosure Statutes—Public and Private Information: The Power of Required Disclosure, and the Stop-and-Think Logic of the National Environmental Policy Act 

Chapter 9. Public Planning as a Management Tool: Governmental Oversight of Private & Public Resource Use, and the Challenge of Adaptive Management

Chapter 10. Roadblock Statutory Strategies & the Endangered Species Act: Stark Prohibitions and Their Viability 

Chapter 11. From Harm-Based Standards to Tech-Based Standards: The Clean Air Act 

Chapter 12. Technology-Based Standard Setting: The Clean Water Act 

Chapter 13. Using Cost-Benefit Analysis in Agency Rulemakings & Review of Regulations 

Chapter 14. Market-Enlisting Strategies: Achieving Environmental Protection Through Pollution Trading and Other Economic Incentives 

Chapter 15. Front-End Strategies: Market Entry Controls, Pollution Prevention, Toxic Use Reduction 

Chapter 16. Remedial Liability Regulatory Strategies: CERCLA 

Chapter 17. Lifecycle Regulatory Strategies: RCRA

Part Five. Overarching Legal Perspectives

Chapter 18. Evolving Patterns of Enforcement and Compliance

Chapter 19. Environmental Criminal Law 

Chapter 20. Public Environmental Rights and Duties: The Public Trust Doctrine

Chapter 21. Private Property and Public Rights: Constitutional Limits on Physical and Regulatory Takings 

Chapter 22. International and Comparative Environmental Law