Cases and Materials on Environmental Law

Author: Roger W. Findley
Published: March 1999
Publisher: West Group
ISBN: 0314230459
Hardcover Book
Number of Pages: 848

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Since the first edition appeared over twenty years ago, this book has been a leader in the field. It covers all of the major federal environmental statutes, while introducing students to important overarching themes. Particular attention is given to the proper role of cost-benefit analysis, the appropriate judicial role in reviewing agency decisions, and the impact of constitutional decisions relating to federalism, standing, and takings. The Sixth Edition adds a greater emphasis on regulatory "reinvention" proposals and provides user-friendly overviews of the statutory frameworks. The revised introductory chapter provides a thorough grounding in theories of environmental regulation. The new edition also contains a completely new chapter on air pollution, featuring analysis of the Supreme Court's blockbuster decision in American Trucking on the role of cost in setting air standards and an explanation of the Bush Administration's initiatives. A new chapter on water pollution probes the "end of pipe" approach to water pollution for point sources and analyzes recent efforts to force states to address non-point source pollution. In short, the book provides students with a thorough understanding of existing regulatory schemes as well as insight into current policy controversies. Findley (real property, Loyola Law School) adds overviews of statutes and comparisons of technology-based and health-based standards to this sixth edition of a text/reference for students of environmental law and policy. There is coverage of the latest Bush administration initiatives on air and water regulation, and new material on regulatory reinvention, collaboration, and consensus as an alternative to traditional mechanisms of environmental regulation. This edition also includes a new emphasis on the institutional environment that produces environmental law and policy, reflected in a revised chapter on administrative and judicial process and a revised introduction to theories of environmental regulation.

Table of Contents
Preface
Tables of Cases
Ch. I Environmental Problems in Perspective 1
Ch. II The Judicial Role 56
Ch. III Federalism, Trade Law and the Environment 169
Ch. IV Pollution Control 232
Ch. V Risk Management and Scientific Uncertainty 365
Ch. VI Regulation of Toxic Substances and Hazardous Wastes 430
Ch. VII Environmental Liability and Enforcement 526
Ch. VIII Preservation of Natural Areas 675
Index 785

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