Beyond Environmental Law

Beyond Environmental Law
Author: Alyson C. Flournoy
Publisher: Cambridge University Press
Total Pages: 305
Release: 2010-02-26
Genre: Law
ISBN: 1139486861

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This book offers a vision for the third generation of environmental law designed to enhance its ability to protect our environment. The book presents two core proposals, an Environmental Legacy Act to preserve a defined environmental legacy for future generations and an Environmental Competition Statute to spark movement to new clean technologies. The first proposal would require, for the first time, that the federal government define an environmental legacy that it must preserve for future generations. The second would establish a market competition to maximize environmental protection. The balance of the book provides complementary proposals and analysis. The first generation of environmental law sought broad protection of health and the environment in a fairly fragmented way. The second sought to enhance environmental law's efficiency through cost-benefit analysis and market mechanisms. These proposals seek to create a broader, more creative approach to solving environmental problems.

American Environmental Policy, updated and expanded edition

American Environmental Policy, updated and expanded edition
Author: Christopher Mcgrory Klyza
Publisher: MIT Press
Total Pages: 449
Release: 2013-08-30
Genre: Political Science
ISBN: 0262525046

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An updated investigation of alternate pathways for American environmental policymaking made necessary by legislative gridlock. The “golden era” of American environmental lawmaking in the 1960s and 1970s saw twenty-two pieces of major environmental legislation (including the Clean Air Act, the Clean Water Act, and the Endangered Species Act) passed by bipartisan majorities in Congress and signed into law by presidents of both parties. But since then partisanship, the dramatic movement of Republicans to the right, and political brinksmanship have led to legislative gridlock on environmental issues. In this book, Christopher Klyza and David Sousa argue that the longstanding legislative stalemate at the national level has forced environmental policymaking onto other pathways. Klyza and Sousa identify and analyze five alternative policy paths, which they illustrate with case studies from 1990 to the present: “appropriations politics” in Congress; executive authority; the role of the courts; “next-generation” collaborative experiments; and policymaking at the state and local levels. This updated edition features a new chapter discussing environmental policy developments from 2006 to 2012, including intensifying partisanship on the environment, the failure of Congress to pass climate legislation, the ramifications of Massachusetts v. EPA, and other Obama administration executive actions (some of which have reversed Bush administration executive actions). Yet, they argue, despite legislative gridlock, the legacy of 1960s and 1970s policies has created an enduring “green state” rooted in statutes, bureaucratic routines, and public expectations.

Environmental Law for Sustainability

Environmental Law for Sustainability
Author: Benjamin J Richardson
Publisher: Hart Publishing
Total Pages: 512
Release: 2006-03
Genre: Business & Economics
ISBN:

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This book presents critical new scholarship on the state of law for sustainable development from an international and comparative perspective.

Environmental Law, Policy, and Economics

Environmental Law, Policy, and Economics
Author: Nicholas Askounes Ashford
Publisher: MIT Press
Total Pages: 1125
Release: 2008
Genre: Environmental law
ISBN: 0262012383

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The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.

Beyond Politics

Beyond Politics
Author: Michael P. Vandenbergh
Publisher: Cambridge University Press
Total Pages: 495
Release: 2017-12-21
Genre: Political Science
ISBN: 131685664X

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Private sector action provides one of the most promising opportunities to reduce the risks of climate change, buying time while governments move slowly or even oppose climate mitigation. Starting with the insight that much of the resistance to climate mitigation is grounded in concern about the role of government, this books draws on law, policy, social science, and climate science to demonstrate how private initiatives are already bypassing government inaction in the US and around the globe. It makes a persuasive case that private governance can reduce global carbon emissions by a billion tons per year over the next decade. Combining an examination of the growth of private climate initiatives over the last decade, a theory of why private actors are motivated to reduce emissions, and a review of viable next steps, this book speaks to scholars, business and advocacy group managers, philanthropists, policymakers, and anyone interested in climate change.

Beyond Zero-Sum Environmentalism

Beyond Zero-Sum Environmentalism
Author: SARAH. POWERS KRAKOFF (MELISSA ANN. ROSENBLOOM, JONATHAN D.)
Publisher:
Total Pages: 277
Release: 2019-05-28
Genre:
ISBN: 9781585762026

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Environmental law and environmental protection have long been portrayed as requiring tradeoffs between incompatible ends: "jobs versus environment;" "markets versus regulation;" "enforcement versus incentives." Behind these views are a variety of concerns, including resistance to government regulation, skepticism about the importance or extent of environmental harms, and sometimes even pro-environmental views about the limits of Earth's carrying capacity. This framework is perhaps best illustrated by the Trump Administration, whose rationales for a host of environmental and natural resources policies have embraced a zero-sum approach, seemingly preferring a world divided into winners and losers. Given the many significant challenges we face, does playing the zero-sum game cause more harm than good? And, if so, how do we move beyond it? This book is the third in a series of books authored by members of the Environmental Law Collaborative (ELC), an affiliation of environmental law professors that began in 2011. In it, the authors tackle the origins and meanings of zero-sum frameworks and assess their implications for natural resource and environmental protection. The authors have different angles on the usefulness and limitations of zero-sum framing, but all go beyond the oversimplified view that environmental protection always imposes a dead loss on some other societal value.

Climate Refugees

Climate Refugees
Author: Simon Behrman
Publisher: Cambridge University Press
Total Pages:
Release: 2022-02-28
Genre: Political Science
ISBN: 1108904610

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The last few years have witnessed a flurry of activity in global governance and international lawseeking to address the protection gaps for people fleeing the effects of climate change. This book discusses cutting-edge developments in law and policy on climate change and forced displacement, including theories and potential solutions, issues of governance, local and regional concerns, and future challenges. Chapters are written by a range of authors from academics to key figures in intergovernmental organisations, and offer detailed case studies of policy developments in the Americas, Europe, South-East Asia, and the Pacific. This is an ideal resource for graduate students and researchers from a range of disciplines, as well as policymakers working in environmental law, environmental governance, and refugee and migration law. This is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

The Making of Environmental Law

The Making of Environmental Law
Author: Richard J. Lazarus
Publisher: University of Chicago Press
Total Pages: 335
Release: 2008-09-15
Genre: Law
ISBN: 0226470644

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The unprecedented expansion in environmental regulation over the past thirty years—at all levels of government—signifies a transformation of our nation's laws that is both palpable and encouraging. Environmental laws now affect almost everything we do, from the cars we drive and the places we live to the air we breathe and the water we drink. But while enormous strides have been made since the 1970s, gaps in the coverage, implementation, and enforcement of the existing laws still leave much work to be done. In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund. Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.

The WTO and the Environment

The WTO and the Environment
Author: James K. R. Watson
Publisher: Routledge
Total Pages: 266
Release: 2013
Genre: Business & Economics
ISBN: 0415527120

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A review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties.