Environmental law Books

Book SynopsisThis book provides a critical assessment of the New South Wales Land and Environmental Court (NSWLEC). Effective adjudication has become a key consideration for environmental lawyers. One of the most important questions is whether environmental law frameworks need their own courts, with the conclusion being: yes they do. Here, a pioneer of such a court, the NSWLEC is forensically examined to see what it might teach other such courts. Showing a court ‘in action’ it suggests models that practitioners and policy makers might follow. It also speaks to the environmental law scholars, setting out a conceptual framework for studying such courts as legal institutions. This multi-faceted collection is invaluable to scholars and practitioners alike.Table of Contents1. The Many Facets of a Cutting-Edge Court: A Study of the Land and Environment Court of New South Wales The Hon Justice Brian J Preston (Chief Judge of the Land and Environment Court of New South Wales, Australia) PART I FUNCTION 2. From Reactive to Proactive Decision-Making by the Land and Environment Court of New South Wales Douglas Fisher (Queensland University of Technology, Australia) 3. The Place of the Land and Environment Court in the Planning System of New South Wales Leslie Stein (University of Sydney, Australia) 4. The Land and Environment Court of New South Wales and the Transnationalisation of Climate Law: The Case of Gloucester Resources v Minister for Planning Jacqueline Peel (University of Melbourne, Australia) 5. Transnational Dimensions of the Land and Environment Court of New South Wales Ben Boer (University of Sydney, Australia) 6. The International Outreach of the Land and Environment Court of New South Wales: Diffusion in India Gitanjali Nain Gill (Northumbria University, UK) PART II DOCTRINE 7. Biodiversity and the Land and Environment Court of New South Wales Paul Adam (University of New South Wales, Australia) 8. Environmental Principles and the Construction of a New Body of Legal Reasoning Eloise Scotford (University College London, UK) 9. The Land and Environment Court of New South Wales and the Recognition of Indigenous Peoples’ Environmental Rights Megan Davis (Indigenous Law Centre, and UNSW, Australia) 10. The Administrative Law Expertise of the Land and Environment Court of New South Wales Elizabeth Fisher (University of Oxford, UK) 11. Ecocentrism and Criminal Proceedings for Offences against Environmental Laws Rob White (University of Tasmania) PART III PROCESS 12. You Can Only Keep Something by Giving it Away Tim Bonyhady (Australian National University) 13. ‘Please Come In’: Access to Justice and the Development of Jurisprudence in the Land and Environment Court of New South Wales Jeff Smith (Australian centre for Climate and Environmental Law and Sue Higginson (an environmental lawyer in Australia) 14. Alternative Dispute Resolution in the Land and Environment Court of New South Wales Mary Walker OAM (International Bar Association Mediation Committee) 15. The Land and Environment Court of New South Wales: Normative Legitimacy and Adjudicative Integrity Ceri Warnock (University of Otago, New Zealand) CONCLUSION 16. Afterword: Law in Unexpected Places Elizabeth Fisher (University of Oxford, UK)

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Book SynopsisThis book explores a disciplinary matrix for the study of the law and governance concerning mining and minerals from a global perspective. The book considers the key challenges of achieving the goals of Agenda 2030 and the transition to low-carbon circular economies. The perspective encompasses the multi-faceted and highly complex interaction of multiple fields of international law and policy, soft law and standards, domestic laws and regulations as well as local levels of ordering of social relations. What emerges is a largely neglected, unsystematised and under-theorised field of study which lies at the intersection of the global economy, environmental sustainability, human rights and social equity. But it also underlies the many loopholes to address at all levels, most notably at the local level – land and land holders, artisanal miners, ecosystems, local economies, local linkages and development. The book calls for a truly cosmopolitan academic discipline to be built and identifies challenges to do so. It also sets a research agenda for further studies in this fast-changing field.Trade ReviewBastida’s book is highly recommended reading for the gamut of people and actors with diverse relationships to the worldwide mining industry, whether as lawyer, academic, governmental decision-maker, social catalyst or socially conscientious investor or consumer. * International Bar Association *Table of Contents1. Understanding the Law of Mining and Minerals from a Global Perspective I. The Argument of this Book II. Mineral Law from a Global Perspective: A Cosmopolitan View III. Mineral Law in International Scholarship IV. Law and the Governance of Mining and Minerals V. The Purpose of this Book VI. The Structure of this Book 2. Mining and Minerals, Actors and Governance from a Global Perspective I. Minerals: ‘The Third Kingdom of Nature’ II. Minerals in Global Production Networks III. The Question of Minerals’ ‘Criticality’ or ‘Strategic’ Status IV. Mining: ‘The Science, Technique and Business of Mineral Discovery and Extraction’ V. The Structure of the Mining Industry VI. Actors and Governance VII. Mining, Development and the Role of Law under International Policy and ‘Scripts’ 3. Mining and Minerals in International Law and Policy I. Jurisdictional Basis for Controlling Resources: The Principle of Territorial Sovereignty II. International Law: From Coordination to Cooperation III. The Principle of Permanent Sovereignty Over Natural Resources IV. The Environment, Natural Resources and Sustainable Development V. Law, Sustainable Resources Management and the Paradigm of Sustainability 4. Mining and Minerals in Fields of International Law and Governance I. Mining and Minerals in International Economic Law II. Mining and Minerals in International Human Rights Law III. Mining and Anti-Corruption Instruments IV. The Responsibility of Transnational Corporations and Business Enterprises V. Transnational Mining and Minerals Standards and Governance 5. Mining and Minerals Regimes in the Global Commons I. Extent of Territorial Sovereignty Over Maritime Zones II. Mining Regimes in the Global Commons 6. Mining Law Regimes at the Level of Nation-States (and their Interface with Local Levels) I. Ownership and Jurisdiction Over Minerals in Situ II. Typologies and Functions of Mining Law Regimes III. The Interface with Land Rights IV. The Principle of ‘National Interest’ or ‘Public Purpose’ in Mining and Minerals V. From Th in Tenure Regimes to Th ick Regulation VI. Mineral Law ‘As Interfaces’ VII. Redefining the Disciplinary Matrix of Mineral Law for Sustainability 7. The Law and Governance of Mining and Minerals from a Global Perspective: ‘An Overarching Vision’ I. Conclusions II. A Research Agenda

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Book SynopsisThis groundbreaking book collects contributions from many of the world’s leading climate and energy law scholars and provides the first major study of national Climate Change Acts. This cutting-edge type of legislation originated with the first Climate Change Act framework which was passed in the United Kingdom in 2008, and is intended to enable the law to grapple effectively with one of the great problems of our times, anthropogenic climate change. Since 2008, national framework climate legislation has been slowly but steadily emerging in countries across the world. This trailblazing collection employs a comparative analytical legal methodology and offers the first comprehensive study of this new, innovative form of legislative regime. In addition to containing broad internationalist chapters, deep-dive national case study chapters are included that focus on individual countries and provide analytical depth. A final chapter draws together the threads of the book’s foregoing contributions to deduce generalisable conceptual insights based on current knowledge and experience. Uniquely, the book provides a conceptual model for Climate Change Acts that can usefully inform the development of national framework climate legislation in all countries.Table of ContentsIntroduction Thomas L Muinzer, University of Aberdeen, UK 1. What Do We Mean When We Talk about National ‘ Climate Change Acts ’ and How Important are They in the Context of International Climate Law? Thomas L Muinzer, University of Aberdeen, UK 2. ‘Paris Compatible’ Climate Change Acts? National Framework Legislation in an International World Matthias Duwe, Ecologic Institute, Berlin, Germany and Ralph Bodle, Ecologic Institute, Berlin, Germany 3. The UK’s Climate Change Act Richard Macrory, Brick Court Chambers, UK and Thomas L Muinzer, University of Aberdeen, UK 4. Mexico’s Framework Legislation on Climate Change: Key Features, Achievements and Challenges Ahead Alina Averchenkova, London School of Economics, UK 5. Denmark’s Climate Change Act(s) Sarah Louise Nash, University of Natural Resources and Life Sciences, Vienna, Austria 6. Ireland’s Climate Action and Low Carbon Development Act 2015: Symbolic Legislation, Trojan Horse, Stepping Stone? Andrew Jackson, University College Dublin, Ireland 7. The Swedish Climate Policy Framework Including the Climate Act Åsa Romson, IVL Swedish Environmental Research Institute, Sweden and Kristina Forsbacka, Luleå University of Technology, Sweden 8. The Dutch Response to Climate Change: Evaluating the Netherlands ’ Climate Act and Associated Issues of Importance Otto Spijkers, Wuhan University, China and Sofie Oosterhuis, Utrecht University, Netherlands 9. The New Zealand Legislation: Pursuing the 1.5 ° C Target Using a Net Zero Approach Prue Taylor, University of Auckland, New Zealand 10. Conceptualising and Formulating National Climate Change Acts Thomas L Muinzer, University of Aberdeen, UK

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Book SynopsisThis book investigates the epistemological and ethical challenges faced by studies exploring the relations between climate change and human migration. At the heart of the contemporary preoccupation with climate change is a concern for its societal impacts. Among these, its presumed effect on human migration is perhaps the most politically resonant, regardless of whether that politics is oriented towards human or national security. There is, however, a problem: research on the causal link between climate change and migration has shown it to be a highly equivocal one. By extension, it remains unclear what - if any - response is required from law and policy. Carefully structured to guide the reader through the issue of 'climate migration' in a logical and rigorous manner, this book is the first to bring together key critiques, caveats, and cautions in order to systematically examine the challenges facing law, policy, and research on the topic. At a time in which both the effects of climate change and the causes of migration are of great public and political interest, and in which these interests are often fraught with sentiment and freighted with politics, the book brings dispassionately critical perspectives to bear on a topic that desperately needs it.Table of ContentsForeword, Betsy Hartmann (Hampshire College, USA) Introduction, Calum TM Nicholson (Cambridge University, UK) and Benoit Mayer (Chinese University of Hong Kong, Hong Kong) Part I: Content 1. Conceptualizing ‘Climate Migration’, Calum TM Nicholson (Cambridge University, UK) 2. Climate Change-Disaster-Migration: Manufacturing a Nexus, Ilan Kelman (University College London, UK and University of Agder, Norway) 3. 'Climate Migration’? Empirical Insights and Conceptual Cautions from Political Ecology and Migration Studies, Gunvor Jónsson (Office for National Statistics, UK) Part II: Context 4. The ‘Others’ in John Lanchester’s The Wall, Gregory White (Smith College, USA) 5. Obstacles to Action on ‘Climate Migration’: A Story of Persistent Analytical and Political Ambiguity, David Durand-Delacre (UN University Institute for Environment and Human Security, Germany) 6. The View from the Fortress: European Governance Perspectives on Climate Change and Migration, Sarah Louise Nash (University for Continuity Education Krems, Austria) 7. Race, Migration, and Climate Change: A Cautionary Note, Andrew Baldwin (Durham University, UK) Part III: Implications for Research, Policy, and Law 8. Identifying as a ‘Climate Migrant’: Implications for Law, Policy, and Research, Carol Farbotko (Griffith University, Australia) 9. International Law, the Climate-Migration Nexus, and Teitiota v New Zealand, Giovanna Lauria (Court of Padua, Italy) 10. De-Conceptualizing ‘Climate Migration’, Benoit Mayer (Chinese University of Hong Kong, Hong Kong) Conclusion, Calum TM Nicholson (Cambridge University, UK) and Benoit Mayer (Chinese University of Hong Kong, Hong Kong)

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Book SynopsisNext Generation INDIE Book Awards Grand Prize Winner, Best Non-Fiction Book in 2017; and Winner in the Science/Nature/Environment category Finalist for Foreword INDIES Book of the Year Awards in Ecology and EnvironmentIn this book, Lowell E. Baier, one of America’s preeminent experts on environmental litigation, chronicles the century-long story of Americas’ resources management, focusing on litigations, citizen suit provisions, and attorneys’ fees. He provides the first book-length comprehensive examination of the little-known Equal Access to Justice Act (EAJA) and its role in environmental litigation. Originally intended to support veterans, the disabled and small business, the EAJA, Baier argues, now paralyzes America’s public land management agencies. Baier introduces readers to the history of EAJA, examines the many beneficiaries of the law, describes in depth 20 of the most prominent litigious environmental groups in America, and recommends carefully tailored amendments to the EAJA to correct environmental abuses of the law while protecting legitimate interests. Inside the Equal Access to Justice Act will be a valuable resource for the environmental legal community, environmentalists, practitioners at all levels of government, and all readers interested in environmental policy and the rise of the administrative state.Trade ReviewHistorians and other scholars of US environmental politics will find a scrupulously narrated account of the political milieu from which this legislation emerged, along with its evolution over recent decades, in the book’s first four chapters. Assembled from an impressive array of interview notes and archival texts, these accessible chapters detail the original objectives for and later impacts of this important statute…. Baier’s detailed policy history of the EAJA should be of interest to scholarly and lay readers alike. * Environmental History *We have here a book of truth and power. Lowell Baier in his thoughtful and powerful publication shows our history—first of abuse and more recently of our effort to protect this magnificent country and world. -- Representative John D. Dingell, (D) MichiganThis masterful work of scholarship flawlessly proves that today’s new paradigm of cooperative conservation and federalism in endangered species conservation is a far more responsible endeavor with measurable results than can ever be achieved by combative saturation litigation and court intervention. -- Theodore Roosevelt, IV, Honorary Chair, League of Conservation Voters and Governing Council, The Wilderness SocietyLowell E. Baier's Inside the Equal Access to Justice Act is an important history of how American land conservation battles have played out in courts. All environmentalists should read this well written book. Highly recommended! -- Douglas Brinkley, Rice University, author of Rightful Heritage: Franklin D. Roosevelt and the Land of America and Wilderness Warrior: Theodore Roosevelt and the Crusade for AmericaWith more than 1,100 species currently under court-ordered consideration for listing under the Endangered Species Act, Lowell Baier’s powerful research forces all conservationists to question the efficacy of the current system and whether a more scientific and collaborative approach would produce better results for wildlife in the 21st Century. -- Collin O'Marra, President and CEO, National Wildlife FederationMinutely and extraordinarily researched, masterfully written in a voice that rings with authority from a tremendous depth of knowledge, it will transform your view of environmental litigation and its politics and players. -- Jack Ward Thomas, Chief Emeritus, U.S. Forest ServiceThis book is the story of how decades of aggressive environmental litigation have eroded the core missions, expertise and effectiveness of America’s land, wildlife and water management agencies. It poses the serious question of how the public land mass comprising one-third of the United States can be effectively managed in the 21st century, and the consequences the remaining two-thirds will suffer from unchecked litigation. -- Representative Cynthia M. Lummis, (R) WyomingLowell Baier has been a lifelong champion for conservation, carrying on the legacy of President Theodore Roosevelt. This book on America’s lands litigation is a must read for all who care about the conservation of our wonderful national crown jewels. -- Kenneth L. Salazar, Former Secretary of the Interior and Senator (D) from Colorado“Baier has produced an intellectual tour de force with the publication of Inside the Equal Access to Justice Act. The focus of this book is the need to reform the Equal Access to Justice Act (EAJA) because of unintended provisions that incentivize and reward environmental litigants for filing suit against federal regulatory and land management agencies, and consequentially hinder proactive cooperative efforts. . . . Baier, a seasoned lawyer, political scientist, historian, and one of America’s leading conservationists, peels back layers of proverbial onion to reconstruct a fascinating story about how this law came into existence and the twist of fate that led to a seemingly minor provision being inserted that eventually opened the floodgates of environmental litigation.” -- John F. Organ, Chief, Cooperative Fish and Research Units, U.S. Geological Survey (appearing in Fair Chase Magazine)Table of ContentsTable of ContentsTitle PageList of IllustrationsPrologue: Environmental Litigation and Its ConsequencesAuthor’s AcknowledgmentsChapter 1: The Growth of Government Regulation in the United StatesThe New Deal and the Foundation of the Administrative StateThe Administrative Procedure Act and Control Over AgenciesExpanding EntitlementsThe Great Society: Kennedy and JohnsonThe Era of Public Interest Law: Civil Rights, Consumerism and EnvironmentalismEnvironmental Litigation and Broadening the Waiver of Sovereign ImmunityChapter 2: The Development of the Equal Access to Justice ActEarly EAJA Proposals: Expanding the Public Interest MandateNarrowing and Focusing the Legislation: Responding to a Devastating Economic Crisis and Bureaucratic BlitzkriegEAJA: The Evolution of a Unique Small Business BillThe 1980 Presidential Election and the Reagan RevolutionWisconsin’s 1980 2nd District Congressional Election Campaign: A Microcosm of the Presidential ElectionThe Voice of the Silent Majority: America’s Small Business Community Resonates Through the Presidential Election Campaign1980 EAJA Hearings and Chairman Kastenmeier’s DilemmaThe September 3-4, 1980 Mark-Up of EAJA S. 265: Resurrection of a Pariah, the 501(c)(3) Financial ExemptionParanoia in the Capitol: EAJA’s Enactment Becomes Politically PragmaticChapter 3: Use and Amendment of the Equal Access to Justice Act from 1981 to 1985EAJA 101: How It WorksMoving EAJA from Temporary Legislation to Permanent LegislationThe Financial Exemption for 501(c)(3) OrganizationsPresident Regan’s Rejection of EAJA’s ReauthorizationChapter 4: Success and Expansion of the Equal Access to Justice Act After 1985Expanding EAJA’s Coverage and Reporting EAJA’s SuccessesImitating EAJASuccessful Users of EAJASmall BusinessesVeteransSocial Security BeneficiariesNative PeoplesImmigrantsExceptions: Cases Where EAJA Does Not ApplyRegulatory Shifts in the 1980’s and 1990’sFurther Amendments to EAJAChapter 5: The Universe of the Eco-CrusadersThe Constellation of Environmental AdvocatesThe First Generation: 1886 – 1936The Second Generation: 1947 – 1970The Third Generation: 1970 – 2000Anthropocentric Versus Biocentric Man, and Deep EcologyThe Secret World of Animal RightsChapter 6: Barbarians at the Gate: Saints and SinnersProfiles of the Third Generation’s Eco-Warriors: 1970 – 2000Environmental Public Interest Law FirmsConclusion to a Century of ChangeChapter 7: The Environmental Litigation CrisisThe Endangered Species Act: A License to SueThe Cost of Endangered SpeciesMegafauna to Megalitigation: Multidistrict LitigationThe MDL: Courtroom Access for Special InterestsA Temporary Reprieve: How the MDL will Beget More LawsuitsAn Answer to Litigation-Driven Species Management: Cooperative ConservationChapter 8: Cooperative Conservation: Preempting Listings and Building TrustThe Future Challenge: An Exercise in TrustThe Dunes Sagebrush LizardThe Lesser Prairie ChickenThe Greater Sage GrouseCooperative Conservation and Greater Sage GrouseCooperative Conservation: An Endangered Future?Chapter 9: Abuses of the Equal Access to Justice Act: Endangered Species and BeyondArmageddon: Litigating Solely to Delay Federal Agency ActionOf Wolves and Men: Using Litigation to Delay DelistingEAJA and Endangered Species: Statutory Limitations on Attorneys’ Fees Provisions501(c)(3)s and the Equal Access to Justice Act: America Foots the BillEvading Pierce: The Inflation of EAJA FeesThe Prevalence of SettlementsThe Sue and Settle Gambit: A New PhenomenonRulemaking by the Courts and EnvironmentalistsThe Cost of EAJAChapter 10: Reforming the Equal Access to Justice ActRecent Scrutiny of EAJACongressional Scrutiny of EAJARecommendations for Future EAJA Reform1. Restore reporting provisions2. Ensure the award of reasonable attorneys’ fees3. Make judicial intervention mandatory4. Strengthen eligibility requirements5. Fees awards under EAJA should be limited to $200,000 in any single case6. Each prevailing party should be limited to a total of three EAJA awards in any given year7. Parties should be statutorily barred from collecting multiple EAJA awards for the same work8. EAJA fees should be reduced in cases where parties utilize staff attorneys rather than outside counsel9. EAJA fees should be paid from agency budgets, not the Judgment Fund10. End no-fault litigation: Reverse fee shifting should be available under EAJAA Time for ActionEpilogue: A New Beginning?BibliographyAppendix A: The Equal Access to Justice ActAppendix A(1): The Equal Access to Justice Act After Passage in 1980Appendix A(2): The Equal Access to Justice Act After Reauthorization in 1985Appendix A(3): The Equal Access to Justice Act TodayAppendix B: EAJA Payments by the Department of Veterans Affairs, 2003-2012Appendix C: EAJA Payments by the Social Security Administration, 2004-2012Appendix D: Model Bill for Reform of the Equal Access to Justice ActAppendix E: AcronymsBibliography Author Biography

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Book SynopsisOur current moment is filled with despair about climate crises and the possibility of coming to any kind of agreement that might change the dire outcomes. Shoulder to Shoulder tells the stories of communities in North Western America who learned to talk to each other and to solve the conflicts between stakeholders. Loggers, cattle ranchers, rogue-river keepers, corporate developers, tree huggers, and indigenous peoples from many tribes are just a few of the characters in these stories of hope for our climate. This is a book for anyone wanting to make a difference, anyone looking for camaraderie with others of like mind, anyone believing that democracy requires engaged citizenship, anyone looking for hope. The message throughout is that change can be made with large numbers of caring, involved, thinking, co-operative people, change to protect both democracy and a livable planet.

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Book SynopsisThe new edition of this award-winning volume reflects the latest events in the in global environmental politics and sustainable development, while providing balanced coverage of the key institutions, environmental issues, treaties, and policies. The book highlights global environmental institutions, major state and non-state actors, and includes a wide range of cases such as climate change, biodiversity, hazardous chemicals, ozone layer depletion, nuclear energy and resource consumption. Trade Review"This is a comprehensive and very accessible, introductory textbook to Global Environmental Politics. It excels in that it nicely integrates Global Environmental Politics into broader International Relations arguments, while discussing the role of intergovernmental organizations and international cooperation for finding effective solutions to some of the most pressing environmental problems of our time." -- Patrick Bayer"The Global Environment is a strong and authoritative introductory text. The content is of the highest quality, written by an array of notable experts. The editors have done a fantastic job at arranging that multidisciplinary—and potentially unwieldy--content into a coherent framework. Readers will appreciate the clear prose." -- Michael Byron Nelson"I very much appreciate the comparative case study between Montreal and climate change. The regime theory approach is also very useful, especially for my non-IR majors." -- Shannon M. GibsonTable of ContentsPreface Selected Acronyms in Global Environmental Policy Global Environmental Policy: A Brief Chronology Contributors CHAPTER 1 • Governing the Global Environment PART I • INTERNATIONAL ENVIRONMENTAL ACTORS AND INSTITUTIONS CHAPTER 2 • Architects, Agitators, and Entrepreneurs: International and Nongovernmental Organizations in Global Environmental Politics CHAPTER 3 • International Law and the Protection of the Global Environment CHAPTER 4 • International Environmental Regimes and the Success of Global Ozone Policy CHAPTER 5 • Compliance with Global Environmental Policy: Climate Change and Ozone Layer Cases PART II • BIG PLAYERS IN GLOBAL ENVIRONMENTAL POLICY MAKING CHAPTER 6 • Domestic Sources of U.S. Unilateralism CHAPTER 7 • Promoting Environmental Protection in the European Union CHAPTER 8 • How China’s Domestic Energy and Environmental Challenges Shape Its Global Engagement CHAPTER 9 • The View from the South: Developing Countries in Global Environmental Politics PART III • CASES, CONTROVERSIES, AND CHALLENGES CHAPTER 10 • International Climate Change Policy: Complex Multilevel Governance CHAPTER 11 • Global Politics and Policy on Hazardous Substances CHAPTER 12 • Global Biodiversity Governance: Genetic Resources, Species, and Ecosystems CHAPTER 13 • Democracy and the Global Nuclear Renaissance: From the Czech Republic to Fukushima CHAPTER 14 • Free Trade and Environmental Protection CHAPTER 15 • Consumption, Commodity Chains, and Global and Local Environments Index

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Book Synopsis''Government by the people, for the people, and of the people''? But the people, in one public opinion poll after another, reaffirm their avid support of protection of the environment. Fools they are, for their government is powered by special interests who reap massive profits from the exploitation of the environment and in turn contribute to the two large political parties supporting such essential functions as forty-million dollar inaugural balls. Critics say that the environment has no more chance then a snowball in hell. But then there is an EPA which exists anyway as a fig leaf for government leaders as well as to swing wildly at windmills. This book summarises the laws which the EPA is somehow supposed to administer.

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Book Synopsis"The Endangered Species Act at Thirty" is a comprehensive, multidisciplinary review of issues surrounding the Endangered Species Act, with a specific focus on the act's actual implementation record over the past thirty years. The result of a unique, multi-year collaboration among stakeholder groups from across the political spectrum, the two volumes offer a dispassionate consideration of a highly polarized topic. "Renewing the Conservation Promise, Volume 1", puts the reader in a better position to make informed decisions about future directions in biodiversity conservation by elevating the policy debate from its current state of divisive polemics to a more-constructive analysis. It helps the reader understand how the Endangered Species Act has been implemented, the consequences of that implementation, and how the act could be changed to better serve the needs of both the species it is designed to protect and the people who must live within its mandates. "Volume 2", which examines philosophical, biological, and economic dimensions of the act in greater detail, will be published in 2006. As debate over reforming the Endangered Species Act heats up in the coming months, these two books will be essential references for policy analysts and lawmakers; professionals involved with environmental law, science, or management; and academic researchers and students concerned with environmental law, policy, management, or science.

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Book Synopsis"Understanding Environmental Administration and Law" provides an engaging introductory overview of environmental policy. Author Susan J. Buck explores the process through which policy is made, the political environment in which it is applied, and the statutory and case laws that are critical to working within the regulatory system. This revised and expanded third edition adds case studies that help bring the subject to life and includes new material on: the Bush administration and its approach to administering environmental laws; the continuing evolution of environmentalism and the changing role of environmental regulation in the United States; and the development and implementation of environmental agreements at the international level. "Understanding Environmental Administration and Law" provides a framework for understanding the law as a managerial tool.

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Book SynopsisRenewable Resource Policy is a comprehensive volume covering the history, laws, and important national policies that affect renewable resource management. The author traces the history of renewable natural resource policy and management in the United States, describes the major federal agencies and their functions, and examines the evolution of the primary resource policy areas.The book provides valuable insight into the often neglected legal, administrative, and bureaucratic aspect of natural resource management. It is a definitive and essential source of information covering all facets of renewable resource policy that brings together a remarkable range of information in a coherent, integrated form.

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Book Synopsis"Taking Back Eden" is the gripping tale of an idea - that ordinary people have the right to go to court to defend their environment - told through the stories of lawsuits brought in eight countries around the world. Starting in the United States in the 1960's, this idea is now traveling the planet, with impacts not just on imperiled environments but on systems of justice and democracy. It has brought people back into the question of governing the quality of their lives. Author Oliver Houck describes the sites under contention in their place and time, the people who rose up, their lawyers, strategies, obstacles, setbacks and victories. Written for general readers, students, and lawyers alike, "Taking Back Eden" tells the stories of a lone fisherman intent on protecting the Hudson River, a Philippine lawyer boarding illegal logging ships from the air, the Cree Indian Nation battling for its hunting grounds, and a civil rights attorney who set out to save the Taj Mahal. The cases turn on Shinto and Hindu religions, dictatorships in Greece and Chile, regime changes in Russia, and on a remarkable set of judges who saw a crisis and stepped up to meet it in similar ways. Spontaneously, without communication among each other, their protagonists created a new brand of law and hope for a more sustainable world.

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Book SynopsisRevised to include several recent and important Clean Air Act developments, including the Clear Skies Initiative, this completely updated Handbook provides you with a broad overview of all the complex regulatory requirements of the Act and its amendments. In addition to offering an introduction to the history and structure of the Clean Air Act, the most complex piece of environmental legislation ever enacted, the Handbook examines the Environmental Protection Agency's (EPA) efforts to implement the Act. Those efforts include EPA's initiatives to impose emission reduction requirements through new air quality standards adopted in 1997 and made more stringent in 2006 and EPA's rules and guidance implementing the Title I nonattainment program and ongoing federal efforts to address interstate pollution issues. The Handbook also includes summaries of EPA's rules for state-administered Title V operating permit programs and the key rules promulgated by EPA to implement the Title IV acid rain program.Trade ReviewThis fourth edition appears 16 years after the preceding edition published in 1998, having undergone extensive revisions reflecting recent important developments to the federal Clean Air legislation and regulatory practices. This long time period encompasses three different presidential administrations and probably dozens of leaders in different directorates at the EPA. The more experience that federal and state agencies have with the Clean Air Act, and the more that science documents the issues, the greater chance that information sharing will take place, and thus the more valuable this compendium will become to researchers. Enhancements include summaries of the Title V operating permit programs and key rules that direct the implementation of the Title IV acid rain program. Also covered are performance standards under Section 111 of the act (designed to prevent new pollution problems), and three entirely new chapters on Visibility Protection, Climate Change, and the Acid Deposition Control Program, each of which addresses new developments in civil and criminal enforcement. Well documented with references and notes, this work is an invaluable pathfinder to navigating the complexities of environmental legislation and regulations generated by the Clean Air Act nearly 50 years. The handbook is a critical acquisition for anyone interested in learning about environmental change and science. Summing Up: Highly recommended. All academic audiences; general readers; professionals/practitioners. * CHOICE *A solid primer on air quality issues from an authoritative source. * Library Journal *The Clean Air Handbook provides an enlightening overview of the Clean Air Act, giving the reader more insight into the enormous legal, health, and financial considerations related to this act and its amendments. Thankfully, the handbook helps to make these important issues more understandable....The Clean Air Handbook gives a more in-depth and legalistic view of the Clean Air Act.... Recommended for academic libraries with environmental science programs and large public libraries. * American Reference Books Annual *Now in an updated fourth edition, Clean Air Handbook is a solid handbook to the Clean Air Act, including the Clear Skies Initiative. Offering an overview of the regulatory requirements of the Clean Air Act and its amendments, a summary of the history and structure of the Clean Air Act, summaries of the EPA's rules for state-administered Title V operating permit programs, the key rules that the EPA puts forth to implement the Title IV acid rain program, and more, Clean Air Handbook is an excellent consultation resource. Although Clean Air Handbook cannot substitute for the services of a qualified lawyer with experience in environmental cases, it is an invaluable reference to familiarize oneself with before engaging the expensive services of one. * Midwest Book Review *Table of ContentsChapter 1 Federal-State Partnership: An Overview of the Clean Air Act through the 1980s Chapter 2 The 1990 Amendments: An Ascendant Federal Partner Chapter 3 Implementation of National Ambient Air Quality Standards and the Nonattainment Program Chapter 4 Control Technology Regulation Chapter 5 Operating and Preconstruction Permitting Programs Chapter 6 The Acid Deposition Control Program Chapter 7 Hazardous Air Pollutants Chapter 8 Regulation of Mobile Sources of Air Pollution Chapter 9 Stratospheric Ozone Protection Chapter 10 Enforcement and Judicial Review Chapter 11 Trends in Clean Air Act Regulation and Legislation

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Book SynopsisThe eighth edition of the New Jersey Environmental Law Handbook has been thoroughly rewritten and updated. Each chapter incorporates both a theoretical and practical approach to ensure that you get the best and most actionable information possible. The authors are all respected attorneys, consultants, and professionals, and all experts in their fields. They come together in this book to provide the most in-depth and up-to-date guide for New Jersey’s environmental regulations and policies, all while maintaining an accessible and engaging writing style. This new edition reworks the State Environmental Law Handbook Series from the ground up, beginning with an overview of the environmental law program in New Jersey, and moving on from there to discuss a variety of issues, such as contaminated property, finance and insurance, litigation, enforcement, and protected lands. Separate chapters treat air and water quality in depth, and further chapters treat hazardous waste, nuclear energy, health and safety, wildlife protection, and sustainability. This book has been completely rewritten to provide a useful and comprehensive reference work that you can rely on for up-to-date and accurate information on New Jersey’s environmental laws.Trade ReviewThis is the eighth edition of this handbook, and a quick look through the material shows why. The book is timely, with updated information post Hurricane Sandy and well organized for those with a specific interest in the environmental issues in New Jersey. There are many authors, so specialty areas are addressed by specialists. There are also extensive footnotes and citations, making this book very useful for the experienced practitioner as well as for someone new to New Jersey Environmental Law. A very nice feature of the book is the publisher’s decision to put chapter and section headings at the top of each page. And the inclusion of a Summary of Contents and a detailed Contents section is very helpful as is the Index. . . .The book provides a good balance of detail and general information for each topic and the section lengths are appropriate to the topic. . . .This updated edition is an excellent place to access environmental law in New Jersey. Topics covered in the book include: contaminated property, finance and insurance, protected land, air and water quality, the Meadowlands, hazardous waste, sustainability, and much more. * American Reference Books Annual *Ok. It’s a book. The New Jersey Environmental Law Handbook 2014 (8th. Ed.) published by Bernan Press. But hang with me . . . The story of its content and popularity is interesting. . . .Since its publication earlier this year the book is on pace to outsell all prior editions. Order a copy. You will be glad to have it on your shelf for ready reference. * Mid Atlantic Real Estate Journal *Table of ContentsINTRODUCTION CHAPTER 1 BUYING AND SELLING CONTAMINATED PROPERTY CHAPTER 2 REMEDIATING CONTAMINATED PROPERTY Section 1 The Environmental Remediation Process Section 2 Managing Environmental Risk with Insurance Section 3 Taxation of Common Environmental Transactions CHAPTER 3 FUNDING/FINANCING/INCENTIVES Section 1 Public Financing Section 2 Real Estate Development Financing Section 3 Lender Liability Safe Harbor CHAPTER 4 NEW JERSEY ENVIRONMENTAL LITIGATION Section 1 Environmental Litigation Overview Section 2 Mass Tort and Class Actions in New Jersey Section 3 Insurance Coverage for Environmental Liabilities Section 4 Redevelopment Section 5 Bankruptcy and Environmental Claims Section 6 Natural Resource Damages Section 7 Real Property Tax Appeals Section 8 Administrative/Civil Enforcement Section 9 Criminal Enforcement CHAPTER 5 REGULATED AND PROTECTED LANDS Section 1 Coastal Area/Waterfront Development Section 2 Wetlands Section 3 Flood Hazard Control Section 4 Riparian Lands Section 5 Highlands Section 6 Pinelands Section 7 Meadowlands Section 8 Farmland Section 9 Green Acres Diversions Section 10 Historic Preservation CHAPTER 6 AIR QUALITY REGULATION CHAPTER 7 WATER QUALITY AND WATER SUPPLY CHAPTER 8 SEWERAGE/WASTEWATER TREATMENT CHAPTER 9 SOLID WASTE MANAGEMENT CHAPTER 10 HAZARDOUS WASTE MANAGEMENT CHAPTER 11 HEALTH AND SAFETY, PREVENTION AND RIGHT-TO-KNOW REPORTING CHAPTER 12 WILDLIFE PROTECTION

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Book SynopsisSimplify the enormous array of U.S. environmental regulations. This popular handbook simplifies the complex world of environmental law and regulations so you can quickly see which ones impact your job, project, or course of study. This quick guide provides: ·Easy to read research on a huge amount of environmental laws and regulations that will cut down your research time ·History and summary of major U.S. laws and regulations ·Definitions of acronyms This book simplifies 38 federal environmental regulations, including national policy, pollution prevention, air, sound, water pollution, drinking water, spills and notifications, dumping, shore protection, solid water, hazardous waste, storage tanks, workplace safety, chemicals, pesticides, mining, nuclear energy, marine mammal protection, coastal zone, estuaries, species protection, forests, soil/water conservation, ecosystems, wetlands, non indigenous species, federal lands management, continental shelf and wilderness protection. New areas covered in this edition include Prevention of Pollution from Ships, Shore Protection Act, National Coastal Zone Monitoring Act, Estuary Restoration Act, Organotin Antifouling Paint Control Act, and international environmental and quality standards (ISO).

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Book SynopsisWritten for a general audience that includes attorneys, land developers, businesses, and government officials, this Fifth Edition provides a general overview of Washington's state and federal statutory and regulatory framework.

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Book SynopsisFirst Update Since 2003! Completely updated to capture all new revisions and new aspects of the law, the new Clean Water Handbook provides environmental professionals with a comprehensive roadmap to the requirements, legal interpretations, and critical issues of water pollution control law. Written from a legal perspective but intended as a practical resource, the Handbook contains both the legal text of the Clean Water Act and the expert interpretation environmental professionals need to understand what their companies' responsibilities are and how they can fulfill them. Each chapter of this edition focuses on one major component of the Clean Water Act. These chapters provide readers with detailed examinations of the history and requirements of the various water programs. Readers can examine these chapters collectively for a fundamental understanding of the Clean Water Act, or they can use them as reference points as they evaluate the effectiveness of their own compliance programs. This book focuses on the federal Clean Water Act, but it also includes essential information for anyone responsible for complying with a state water pollution control program.Trade ReviewThis is the fourth edition of The Clean Water Handbook and the first complete update since the third edition in 2003. This dense book begins by outlining the history, goals and policies, elements, and discharge prohibition of the Clean Water Act (CWA). Clearly aimed at environmental professionals, the book details the National Pollutant Discharge Elimination System permit program, Storm-Water Discharges, Dredge Permits, Enforcement, and other topics. An appendix contains the text of the CWA; a section on resources, notes, and an appendix round out the work. Statutory changes, regulatory enactments, and court decisions have amended this act, originally passed in 1972, so this guide is a valuable resource for those tasked with enforcing compliance. * American Reference Books Annual *Table of ContentsCHAPTER 1 INTRODUCTION 1.1 Overview 1.2 Brief History of the CWA 1.3 Clean Water Act Goals and Policies 1.4 Elements of the CWA 1.5 The Discharge Prohibition 1.5.1 Addition 1.5.2 Pollutant 1.5.3 Point Source 1.5.4 Navigable Waters (‘‘Waters of the United States’’) 1.6 Overview of this Handbook CHAPTER 2 THE NPDES PERMIT PROGRAM 2.1 What Is an NPDES Permit 2.2 What Discharges Require an NPDES Permit 2.3 State and Federal Roles 2.4 The Permit Process 2.4.1 The Permit Application 2.4.2 The Draft Permit and Comment Period 2.4.3 Appealing the Final Permit Decision 2.5 NPDES Permit Conditions 2.6 Monitoring Requirements 2.7 Reporting Requirements CHAPTER 3 EFFLUENT LIMITATIONS 3.1 Introduction 3.2 Forms of Permit Limitations 3.3 Technology-Based Limitations 3.3.1 BPT 3.3.2 BAT 3.3.3 BCT 3.3.4 NSPS 3.3.5 Variances 3.4 Water Quality–Based Limitations 3.4.1 Water Quality Standards 3.4.2 Translating Standards into Chemical-Specific Permit Limitations 3.4.2.1 Total Maximum Daily Loads 3.4.2.2 Pollutant Trading 3.4.2.3 Watershed Permits 3.5 Toxicity-Based Limitations 3.6 Biological Criteria 3.7 Nutrient Criteria CHAPTER 4 WHOLE EFFLUENT TOXICITY CONTROL 4.1 Background 4.2 When are WET Limitations Required? 4.3 WET-Based Permit Limitations 4.3.1 Types of Limitations 4.3.2 Elements of WET Testing 4.3.2.1 Test Organism 4.3.2.2 Dilution Water 4.3.2.3 Testing Frequency 4.3.2.4 Flow-through v. Static and Renewal Tests 4.3.2.5 Effluent Concentrations 4.3.2.6 On-Site v. Off-Site Testing 4.3.2.7 Grab v. Composite Sampling 4.3.2.8 Acute-to-Chronic Ratio 4.3.3 WET Permit Requirements 4.3.4 Toxicity Identification and Reduction Evaluations CHAPTER 5 STORM-WATER DISCHARGES 5.1 The Storm-Water Program 5.2 The Storm-Water Permit Process 5.2.1 General Permits 5.2.2 Individual Stormwater Permits 5.2.3 Storm-Water Management Plans and Pollution Prevention Plans CHAPTER 6 OTHER TYPES OF DISCHARGES 6.1 Combined Sewer Overflows and Sanitary Sewer Overflows 6.2 Thermal Discharges 6.3 Ocean Discharges CHAPTER 7 THE PRETREATMENT PROGRAM 7.1 Introduction 7.2 Pretreatment Standards 7.2.1 National General Prohibitions 7.2.2 National Specific Prohibitions 7.3 National Categorical Standards 7.4 Local Limits 7.5 Pretreatment Program Enforcement CHAPTER 8 NONPOINT-SOURCE DISCHARGES 8.1 Introduction 8.2 The Section 319 Program 8.3 Coastal Zone Management Program 8.4 National Estuary Program CHAPTER 9 DREDGE AND FILL PERMITS 9.1 Introduction 9.2 Waters Within the Scope of the Program 9.3 Covered Activities 9.4 Individual Permits 9.5 The Mitigation Policy 9.6 Nationwide Permits 9.7 Potential Liabilities under the Section 404 Program CHAPTER 10 PREVENTING, REPORTING, AND RESPONDING TO SPILLS 10.1 Spill Prevention 10.1.1 SPCC Plans 10.1.2 Facility Response Plans 10.2 Spill Notification 10.3 Spill Response and Liability CHAPTER 11 ENFORCEMENT 11.1 Introduction 11.1.1 Federal and State Roles 11.2 Enforcement Theories 11.3 Defenses 11.3.1 Upset 11.3.2 Bypass 11.3.3 Permit-as-a-Shield 11.4 Enforcement Options 11.5 Administrative Order 11.6 Civil Judicial Enforcement 11.7 Criminal Enforcement 11.8 Citizen Suits RESEARCH SOURCES NOTES

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Book SynopsisIn America's Midwest, where 'wilderness' is in short supply, working to defend what's left of Iowa's natural resources can be both a daunting and an entertaining task. In Wildland Sentinel, Erika Billerbeck takes readers along for the ride as she and her colleagues sift through poaching investigations, chase down sex offenders in state parks, search for fugitives in wildlife areas, haul drunk boaters to jail, perform body recoveries, and face the chaos that comes with disaster response. Using an introspective personal voice, this narrative nonfiction work weaves stories of Iowa's natural history with a cast of unforgettable characters. Wildland Sentinel touches on what it means to be a woman working in the male-dominated field of conservation law enforcement.Trade ReviewChock full of shenanigans of both the animal and human variety, Erika Billerbeck's Wildland Sentinel is an intelligent and thoughtful journey exposing the diverse challenges faced by modern game wardens."—Andrea Lankford, author Ranger Confidential: Living, Working, and Dying in the National Parks"Through tales of hilarity, interesting characters, and challenges found patrolling Iowa's natural areas, Conservation Officer Billerbeck takes readers into her realm with deeply personal, bare, and inspiring accounts. From stolen boats, poachers, and accidents to recurring nightmares and anxieties, Billerbeck expertly writes with compassion and skill. A must-read for those wondering what it takes to protect nature from people, people from nature, and people from themselves outdoors."—Brian Button, editor Iowa Outdoors Magazine"Wildness is not just in Yosemite; Erika Billerbeck shows us the surprising places it persists. Here is a new nature writer of remarkable powers, patrolling the gravel roads of Iowa with a pistol at her waist. Her gritty work gives me chills."—Jordan Fisher Smith, author Nature Noir: A Park Ranger's Patrol in the Sierra"Erika Billerbeck strikes me as one tough-as-nails state worker. This clear-eyed account of Iowa's thorny wilderness is recommended reading for any lover of the outdoors. Her lifelong dedication to her native state and its shrinking green bounty confirms that our wild areas indeed have an inspiring protector."—Tim Fay, editor,Wapsipinicon Almanac"Officer Billerbeck has captured the essence of a profession whose dedicated men and women have embraced a way of life, rather than just a job, protecting at great personal cost what is often intangible so future generations may enjoy Iowa's wildlife and outdoors."—Chuck Humeston, retired officer, DNR Conservation Law EnforcementTable of Contents Author's Note ... ix Acknowledgments ... xi Beginning ... 1 The Officers ...15 So me Were Women ... 39 The Water ... 71 The Land ... 101 The Wildlife ... 125 The Law ... 145 The People ... 177 Becoming ... 201

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Book SynopsisProviding an excellent and current resource for understanding the complexities of ocean and coastal law and policy, Ocean and Coastal Law and Policy is trusted resource that brings together the expertise of the country's leading scholars and practitioners in theses fields. Covering the full array of issues involved - from maritime jurisdiction and boundaries to water quality protection to fisheries management and marine mammal protection to offshore energy development and climate change - each chapter addresses the current state of the law for the topic, followed by analysis of the emerging and unresolved issues. Its final chapters address the principles, legal authorities, and planning for a transition toward an ecosystem-based management approach to U.S. coastal and ocean areas. Topics covered include:* Maritime jurisdiction and boundaries* The Public Trust Doctrine* The role of the states* Regulation of coastal wetlands and other U.S. waters* Managing coastal development* National Environmental Policy Act (NEPA)* Coastal water quality protection* Ocean dumping and marine pollution* Oil spill liability* Offshore renewable energy* Fisheries management and trade in fish and fisheries products* The 1982 U. N. Convention on the Law of the Sea* Offshore energy developmentTable of ContentsTable of Contents Preface to the Second Edition: Ocean and Coastal Law and Policy 1.National and International Jurisdiction and Boundaries 2.The Public Trust Doctrine 3.Role of the States 4.Regulation of Coastal Wetlands and Other Waters in the United States 5.Managing Coastal Development 6.National Environmental Policy Act (NEPA) 7.Coastal Water Quality Protection 8.Ocean Dumping and Marine Pollution 9.Domestic Fishery Management 10.International Fisheries Management 11.The 1982 United Nations Convention on the Law of the Sea 12.Offshore Mineral Development 13.Oil Spill Liability 14.Offshore Renewable Energy 15.Emerging Ocean Uses 16.The Law of Marine Mammal Conservation 17.The Endangered Species Act and Marine Species 18.Marine Protected Areas 19.Climate Change and the Marine Environment 20.Trade in Fish and Fisheries Products 21.Legal Authorities for Ecosystem-Based Management in Coastal and Ocean Areas 22.Smart Ocean Planning: Drivers, Enabling Conditions, and Global Examples 23.Reforms in U.S. Ocean Policy and Law in Response to Calls for Urgent Action Table of Cases Index

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Book SynopsisBecause of the amount of money routinely at risk in CERCLA cleanups, most private parties facing Superfund liability will continue to look to the courts for resolution. Focusing on case-oriented information, this guidebook casts light on the issues that are central to current Superfund litigation. Written by an experienced attorney who specializes in this area of law, The Superfund Manual provides key summaries of the state of the law under CERCLA along with invaluable practice tips and strategies that offer deeper insights into key litigation issues under the statute. Topics include: * Government response authority under section 104 of CERCLA* Remedy selection standards and remedy selection procedures* Abatement authority under section 106* Liability issues, including causation, defenses, and types of recoverable costs* Settlement* Judicial review* Organizing PRPs at multiparty sites* Litigating a federal cost recovery action* Private party actions (sections 107 and 113)* Natural resource damages* CERCLA and SARA Title III reporting requirements* Insurance* BankruptcyTable of ContentsTable of Contents Chapter 1: Government Response Authority under Section 104 of CERCLA Chapter 2: The Substance and Procedure of Remedy Selection Chapter 3: Abatement Authority under Section 106 Chapter 4: Liability Chapter 5: Settlement Chapter 6: Judicial Review Chapter 7: Organizing PRPs at Multiparty Sites Chapter 8: Litigating a Federal Cost Recovery Action Chapter 9: Private Party Actions Chapter 10: Natural Resource Damages Chapter 11: CERCLA and SARA Title III Reporting Requirements Chapter 12: Insurance Chapter 13: Bankruptcy Table of Cases Table of Statutes Index

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