Showing papers on "Environmental law published in 1987"

Beauty, Health, and Permanence: Environmental Politics in the United States, 1955–1985

Abstract: Preface Introduction: Environmental Politics - the New and the Old 1. From conservation to environment 2. Variation and pattern in the environmental impulse 3. The urban environment 4. The nation's wildlands 5. The countryside: A land rediscovered, yet threatened 6. The toxic environment 7. Population, resources, and the limits to growth 8. Environmental inquiry and ideas 9. The environmental opposition 10. The politics of science 11. The politics of economic analysis and planning 12. The middle ground: Management of environmental restraint 13. Environmental politics in the States 14. The politics of legislation, administration, and litigation 15. The Reagan antienvironmental revolution 16. Environmental society and environmental politics Notes Index.

National Environmental Policy Act

Abstract: In 1969, the United States Congress enacted a landmark environmental statute: the National Environmental Policy Act (NEPA). Responding to reports of increasing harm to the environment of the United States, Congress substantially elevated the importance of environmental factors in government decision-making. For the first time, all federal agencies were compelled to consider the environmental implications of their major actions. In addition, a new entity, the Council on Environmental Quality (CEQ), was established to help coordinate federal environmental policy. CEQ was also directed to submit an annual report to Congress on the status of the environment.

The Chernobyl Accident: A Case Study in International Law Regulating State Responsibility for Transboundary Nuclear Pollution

Abstract: This international law case study, by Professor Linda Malone, explores the Chernobyl Accident and regulating state responsibility for the incident. The accident occurred at the Chernobyl Nuclear Power Plant in 1986. This accident is of importance because it brought to light the domestic failure to protect against damage to the global environment.

Environmental law and policy in the Peoples' Republic of China

Abstract: Preface Acknowledgments Abbreviations A General Introduction to Environmental Protection in China Regulation of the Environment Conservation of Land, Natural Resources, and Wildlife Enforcement Means and Mechanisms Cases Appendixes Charts Selected Bibliography Index

Green Justice: The Environment And The Courts

Abstract: This book introduces the interrelationship of the legal system and the environment. Students are confronted with key environmental law cases and asked to determine for themselves how the cases should have been decided. Broad questions are raised: What is the capacity of the courts to make fair judgments in cases involving complex scientific issues. Does the adversarial system on which our legal system is based, work at all when the issues involve multiple points of view. The authors' liberal arts approach leads to a wide spectrum of related topics: the history of the common law, the political science of administrative agencies, the philosophy of new rights for nonhumans, our obligation to future generations, and the ecology of species extinction. The struggle to spell out answers to questions such as the constitutional right to a decent environment and the placing of nature in public trust is revealed in the judicial opinions that form the centerpiece of this text. Explanatory introductions make the cases intelligible to beginners, and the accompanying study questions help both faculty and students link the cases to broader issues and to the relevant literature. The text is appropriate for under-graduate courses in environmental law and environmental policy, asmore » well as for nonlaw graduate courses in planning or public administration.« less

Where Ickes Went Right or Reason and Rationality in Environmental Law

Abstract: On Friday, January 8, 1937, Irving Brant, an ardent conservationist, went to see Harold Ickes, then Secretary of the Interior, in an effort to protect a grove of sugar pines that was about to be cut down near Yosemite Park. In his diary, Ickes wrote that he agreed to \"scrape up a couple of millions\"' to save the trees, commenting: I am very much in favor of doing what I can to save at least part of this grove of magnificent trees.... To me a grove of sugar pines is even more impressive than a grove of redwoods. I like the majesty, the symmetry, and the denseness one finds in a grove of sugar pines. 2 As head of the Park Service, with its commitment to aesthetic preservation, Ickes emphasized the duty of the nation to protect the magnificent aspects of its natural heritage. However, Ickes' \"non-utilitarian\" attitude, particularly his refusal to regard forests simply as crops, brought him into conflict with the more development-oriented Forest Service, headed by Gifford Pinchot. Surprisingly, Ickes claimed to have learned conservationist principles from Pinchot,3 whom he knew briefly

Contentiousness and cooperation in environmental regulation

Abstract: Recently, I suggested to my Environmental Law class that environmental policymaking would not suffer, and indeed might benefit, if we dispensed with much judicial review of agency decisions. Most students found the idea inconceivable. What if the Environmental Protection Agency misinterpreted a statute or set incorrect standards, or worse, did nothing? Who would keep EPA in line? I, too, find the suggestion inconceivable, not because there are no rational alternatives to judicial review, but because turning to courts to resolve our social disputes is a thoroughly American form of politicking. Americans rely heavily on courts to resolve essentially political disputes because they trust neither agency expertise nor the politics of agency decisionmaking. This observation is hardly unique to the 1970s and 1980s. It has been a cliche for over one hundred years that Americans live in a legalistic culture where lawyers and judges wield considerable policymaking power. Yet the changes over the last two decades, of which close judicial review of agency decisions is emblematic, reflect a new vision of social regulation in which public interest groups, lawyers, and legal procedures play a much larger role in the regulatory process. Regulatory decisionmaking has become highly structured, borrowing heavily from judicial processes; litigation challenging the product of agency decisionmaking has become routine;' and public participation, a symptom if not a cause of overt politicization, pervades both administrative and judicial processes. The American rights-oriented approach to regulation2 is distinctive among Western industrial nations. It has been the subject of extensive criticism, on grounds that it is inefficient and impedes rational decisionmaking. David Vogel now has contributed to this de-

Marshalling environmental law to resolve the himalaya-ganges problem

Abstract: International law establishes duties on states to protect shared environmental resources. Presently, the environmental laws of Nepal, India, and Bangladesh offer only a minimal basis and often out-of-date regime for protecting Himalayan watershed forests and averting erosion, sedimentation, and flooding in the Ganges River basin. China's recent environmental laws offer some useful precedents to the states in the Ganges region. The most significant precedents, however, are the treaties on sharing Ganges waters currently in force between India and Nepal, and between India and Bangladesh; these treaties offer a basis for building a more advanced treaty watershed regime; the 1985 ASEAN Environmental Agreement offers models for such a regime. Only by treaty can the disparate national and local environmental laws of Bangladesh, India, and Nepal be drawn into the concerted action needed to safeguard the Ganges and its watershed.

Caring for lakes in a developing world

Abstract: This paper outlines the growing pressures worldwide on surface and groundwater supplies, and the dangers posed in particular to the survival of lakes and those who depend on them. Fortunately, there is today a better understanding than hitherto of the complex nature of environmental problems and concerns. Problems should be treated early, and the economic justification for conservation strategies should be fully appreciated. The paper outlines a common philosophy for the management of the environment, together with an integrated series of management steps to merge the environmental aspects of a lake with its economic development. The role of the United Nations Environment Programme in providing information and helping put environmentally sound management principles into practice is described.

Theoretical Perspectives on Environmental Compliance

Abstract: The purpose of this paper (a report to the Environmental Protection Agency) is to identify how corporate compliance behavior can be affected by factors beyond deterrence theory, describe how those factors are likely to operate in the environmental context, and relate them to environmental policy issues. It seeks to to contribute to a broader understanding of environmental compliance behavior and help expand the policy options available to regulatory agencies to encourage greater corporate compliance with environmental law. The paper examines major assumptions and findings of numerous analytical perspectives and their possible applications to environmental compliance policy.

ECRA Verdict: The Successes and Failures of the Premiere Transaction-Triggered Environmental Law Commentary

Abstract: s of important DEP decisions in the New Jersey Law Journal. 146. OMB Analysis, supra note 47. 1987]