Environmental Protection And The Common Law

Author : John Lowry
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310850
Total Pages : 300 pages
Book Rating : 4.59/5 ( download)

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Download or read book Environmental Protection and the Common Law written by John Lowry and published by Bloomsbury Publishing. This book was released on 2000-06-20 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the broad framework of the common law of tort,the torts of nuisance and the rule in Rylands v. Fletcher are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the inter-relationship between private law sphere of tort and public regulatory schemes. The contributors to this volume of essays include many of the UK's leading academics in the relevant fields of private and public law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law.

Author : Roger E. Meiners
Publisher : Rowman & Littlefield
ISBN 13 : 9780847697090
Total Pages : 300 pages
Book Rating : 4.96/5 ( download)

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Download or read book The Common Law and the Environment written by Roger E. Meiners and published by Rowman & Littlefield. This book was released on 2000 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1970, when the Clean Air Act was passed and the Environmental Protection Agency was created, the primary means for addressing environmental problems in the U.S. has been through comprehensive federal statutes and detailed regulations. Evaluating almost three decades of experience with the Clean Air Act, Superfund, the Clean Water Act, the Endangered Species Act, and other major federal environmental statutes, the contributors to this volume question the effectiveness and impact of the legal regime that created these regulations. While most studies of environmental policy paint a picture of improvement through government initiatives, these essays argue the contrary. Pointing to Cleveland's burning river, the death of Lake Erie, smog in Los Angeles, and Love Canal, the contributors demonstrate that command-and-control regulation of the environment has not delivered the great improvements in environmental quality as promised. The Common Law and the Environment offers principles for a new approach to protecting the environment and looks to evidence of the successes of alternative legal systems to address significant problems.

Author : Lynn L. Bergeson
Publisher : Environmental Law Institute
ISBN 13 : 1585761109
Total Pages : 449 pages
Book Rating : 4.04/5 ( download)

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Download or read book Creative Common Law Strategies for Protecting the Environment written by Lynn L. Bergeson and published by Environmental Law Institute. This book was released on 2007 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Author : Bruce Yandle
Publisher : Rowman & Littlefield Publishers
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.17/5 ( download)

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Download or read book Common Sense and Common Law for the Environment written by Bruce Yandle and published by Rowman & Littlefield Publishers. This book was released on 1997 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nuf-nuf! Educational AND fun for hours and hours! For kids ages 9 to 109. Large print. Word games, picture puzzles, logic puzzles, riddles, mazes, and more. 250 pages packed with intriguing and challenging puzzles! Journey through The World of Magic, Ancient Worlds, Future Worlds, the World Around You, the World of Words, the World of Logic, the World of Strange Things, and the World of Wise Things. New friends are there to help you on your way. Meet the gnome Walton Dalton, Drago the dragon, Princess Leela, Elvish the Elf, and the Tricky Troll brothers. Watch out for the Wizard of Words... he sneaked in dozens of Wizard Words for you to solve. Attend a holiday party, two password parties, and try some tricky brain teasers on for size. Make a paper airplane that can fly, a cup that can hold water, and fold an epic origami crane to amaze your friends and family. Put on your detective hat and solve mysteries: The Case of the Mi$$ing Money, Devious Dognappers, Burglary in the Millionaire's Mansion, and more. Wind your way through a maze of pyramids, a forest, an ancient castle, and outer space! Most of all... have lots of fun while learning new things. Nuf-Nuf!

Author : Dinah Shelton
Publisher : UNEP/Earthprint
ISBN 13 : 9280725556
Total Pages : 160 pages
Book Rating : 4.51/5 ( download)

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Download or read book Judicial Handbook on Environmental Law written by Dinah Shelton and published by UNEP/Earthprint. This book was released on 2005 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. It seeks to provide judges with a practical guide to basic environmental issues that are likely to arise in litigation. It includes information on international and comparative environmental law and references to relevant cases."--P. iii.

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.81/5 ( download)

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Download or read book Creative Common Law Strategies for Protecting the Environment written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental common law litigation has reemerged in recent years as a powerful second pathway alongside statutory avenues for practitioners, communities, and governments to seek redress to environmental wrongs. Creative Common Law Strategies for Protecting the Environment vividly illustrates that "environmental common law" has never been more alive, and perhaps more needed for meeting complex environmental challenges, than it is today. This book provides an overview of the major common law remedies, and describes the limits of using statutory remedies under environmental citizen suit provisions. The authors describe their experiences in bringing cutting-edge public nuisance actions against car manufacturers and large power producers because of their greenhouse gas emissions; successful products liability actions against the manufacturers of PERC and MTBE for groundwater contamination; path-breaking litigation filed by public entities against the lead paint industry; lawsuits under the public trust doctrine and other common law doctrines to protect water, fish, and wildlife . . . and much more.

Author : Ben Pontin
Publisher :
ISBN 13 : 9780953940356
Total Pages : 204 pages
Book Rating : 4.57/5 ( download)

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Download or read book Nuisance Law and Environmental Protection written by Ben Pontin and published by . This book was released on 2013-12 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Alicja Sikora
Publisher :
ISBN 13 : 9789089522061
Total Pages : 0 pages
Book Rating : 4.69/5 ( download)

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Download or read book Constitutionalisation of Environmental Protection in EU Law written by Alicja Sikora and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the unique process of legal evolution in the field of environmental law, which is denoted as constitutionalisation of the environmental protection in the EU legal order. This notion refers to the process of transformation of this particular area of law, which is reflected in its novel, autonomous features and materialised through the normative and jurisprudential elevation of environmental objectives and principles. In the course of recent years, environmental protection has evolved from a sectoral policy to one of the core, transversal principles of the EU legal order. Grasped through the prism of the principles of integration and coherence, environmental protection has become an all-present and influential aspect of EU legislation, while at the same time reaching the status of a fundamental value underlying the constitutional dimension of the European Union as a community of law. This book examines this process on the basis of comparative legal analysis, the current practice of EU institutions, and the recent case-law of the Court of Justice of the EU.

Author : Robert L. Glicksman
Publisher : Aspen Publishing
ISBN 13 : 1543812716
Total Pages : 1757 pages
Book Rating : 4.18/5 ( download)

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Download or read book Environmental Protection written by Robert L. Glicksman and published by Aspen Publishing. This book was released on 2019-02-15 with total page 1757 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Protection: Law and Policy, widely respected for its intellectual breadth and depth, is an interdisciplinary and international overview of the fundamental issues of Environmental Law, incorporating history, theory, litigation, regulation, policy, science, economics, and ethics. It includes a complete introduction to the history of environmental protection; laws and regulations; regulatory design strategies; policy objectives; and analysis of constitutional federalism and related policy questions concerning the design and implementation of environmental protection programs. Coverage includes the major federal pollution control laws (the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA, and more); climate change (a chapter discussing important scientific, policy, and program design questions); natural resource management issues (two chapters focusing on the National Environmental Policy Act and the Endangered Species Act); and national forest management. New to the Eighth Edition: Thoroughly updated coverage, including how various actors—Congress, the President, political and career staff at agencies such as EPA, and regulatory beneficiaries—influence shifts in environmental law and policy, including Trump Administration initiatives that raise novel administrative and environmental law issues that have been or are likely to be addressed by the courts Coverage of evolving agency approaches to the scope of Clean Water Act mandates through repeal of or revisions to the "waters of the United States" rule, and of controversies surrounding the Trump Administration's climate change policies, including repeal of the Clean Power Plan and its announced withdrawal from the 2015 Paris climate agreement to which virtually every other nation is a party Inclusion of new principal cases such as the Supreme Court's decision in Michigan v. EPA, which addressed the role of cost in regulation, and the Third Circuit's decision in American Farm Bureau Federation v. EPA, which involved implementation of the total maximum daily load program under the Clean Water Act Comprehensive treatment of 2016 amendments to the Toxic Substances Control Act, the first major revisions to a core environmental statute enacted by Congress in 20 years Treatment of compliance and enforcement issues and their importance to the development and implementation of environmental law Coverage of ongoing controversial litigation in courts throughout the country on application of the public trust doctrine to force government action to mitigate climate change through controls on greenhouse gas emissions Professors and students will benefit from: Thorough and nuanced treatment of the history of environmental protection, existing laws, regulations, and cases, regulatory design strategies, and current and developing policy objectives Broad-based international and interdisciplinary approach incorporating science, economics, and ethics Coverage of major federal pollution control laws Landmark and cutting-edge cases Notes and questions Charts and graphics Numerous exercises and problems Distinguished authorship with extensive practical, scholarly, and teaching experience

Author : Lesley McAllister
Publisher : Stanford University Press
ISBN 13 : 0804758239
Total Pages : 288 pages
Book Rating : 4.39/5 ( download)

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Download or read book Making Law Matter written by Lesley McAllister and published by Stanford University Press. This book was released on 2008-05-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making Law Matter presents the first book-length treatment of an innovative prosecutorial institution, the Brazilian Ministrio Publico, which refashioned itself in the 1980s into a powerful defender of citizen rights in environmental protection, as well as in other areas of public interest such as disability rights, consumer protection, and anti-corruption.