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Beyond Environmental Law

Author: Alyson C. Flournoy

Publisher: Cambridge University Press

Published: 2010-02-26

Total Pages: 305

ISBN-13: 1139486861

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

Author: Christopher Mcgrory Klyza

Publisher: MIT Press

Published: 2013-08-30

Total Pages: 449

ISBN-13: 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, Disrupted

Author: Keith H. Hirokawa

Publisher:

Published: 2021

Total Pages:

ISBN-13: 9781585762361

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Beyond Politics

Author: Michael P. Vandenbergh

Publisher: Cambridge University Press

Published: 2017-12-21

Total Pages: 495

ISBN-13: 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.

Environmental Law for Sustainability

Author: Benjamin J Richardson

Publisher: Hart Publishing

Published: 2006-03

Total Pages: 512

ISBN-13:

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

The 'Ecosystem Approach' in International Environmental Law

Author: Vito De Lucia

Publisher: Routledge

Published: 2019-03-28

Total Pages: 272

ISBN-13: 1351366521

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The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene. Against this background, this book addresses the question of whether the ecosystem approach represents a paradigm shift in international environmental law and governance, or whether it is in conceptual and operative continuity with legal modernity. This central question is explored through a combined genealogical and biopolitical framework, which reveals how the ecosystem approach is the result of multiple contingencies and contestations, and of the interplay of divergent and sometimes irreconcilable ideological projects. The ecosystem approach, this books shows, does not have a univocal identity, and must be understood as both signalling the potential for a decisive shift in the philosophical orientation of law and the operationalisation of a biopolitical framework of control that is in continuity with, and even intensifies, the eco-destructive tendencies of legal modernity. It is, however, in revealing this disjunction that the book opens up the possibility of moving beyond the already tired assessment of environmental law through the binary of anthropocentrism and ecocentrism.

Climate Refugees

Author: Simon Behrman

Publisher: Cambridge University Press

Published: 2022-02-28

Total Pages:

ISBN-13: 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

Author: Richard J. Lazarus

Publisher: University of Chicago Press

Published: 2023-02-15

Total Pages: 462

ISBN-13: 022669559X

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An updated and passionate second edition of a foundational book. How did environmental law first emerge in the United States? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular? Since its first edition, The Making of Environmental Law has been foundational to our understanding of these questions. For the second edition, Richard J. Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, Lazarus provides a theoretical overview of the challenges that environmental protection poses for lawmaking, related to both the distinctive features of US lawmaking institutions and the spatial and temporal dimensions of ecological change. The book explains why environmental law emerged in the manner and form that it did in the 1970s and traces how it developed over sequent decades through key laws and controversies. New chapters, composing more than half of the second edition, examine a host of recent developments. These include how Congress dropped out of environmental lawmaking in the early twenty-first century; the shifting role of the judiciary; long-overdue efforts to provide environmental justice to disadvantaged communities; and the destabilization of environmental law that has resulted from the election of Presidents with dramatically clashing environmental policies. As the nation’s partisan divide has grown deeper and the challenge of climate change has dramatically raised the perceived stakes for opposing interests, environmental law is facing its greatest challenges yet. This book is essential reading for understanding where we have been and what challenges and opportunities lie ahead.

Environmental Law, Policy, and Economics

Author: Nicholas Askounes Ashford

Publisher: MIT Press

Published: 2008

Total Pages: 1125

ISBN-13: 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 Zero-Sum Environmentalism

Author: SARAH. POWERS KRAKOFF (MELISSA ANN. ROSENBLOOM, JONATHAN D.)

Publisher:

Published: 2019-05-28

Total Pages: 277

ISBN-13: 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.