Robert V. Percival - Environmental Regulation Law, Science, and Policy.

Environmental Regulation

EDITORIAL ADVISORS

Rachel E. Barkow

Segal Family Professor of Regulatory Law and Policy

Faculty Director, Center on the Administration of Criminal Law

New York University School of Law

Erwin Chemerinsky

Dean and Professor of Law

University of California, Berkeley School of Law

Richard A. Epstein

Laurence A. Tisch Professor of Law

New York University School of Law

Peter and Kirsten Bedford Senior Fellow

The Hoover Institution

Senior Lecturer in Law

The University of Chicago

Ronald J. Gilson

Charles J. Meyers Professor of Law and Business

Stanford University

Marc and Eva Stern Professor of Law and Business

Columbia Law School

James E. Krier

Earl Warren DeLano Professor of Law

The University of Michigan Law School

Tracey L. Meares

Walton Hale Hamilton Professor of Law

Director, The Justice Collaboratory

Yale Law School

Richard K. Neumann, Jr.

Professor of Law

Maurice A. Deane School of Law at Hofstra University

Robert H. Sitkoff

John L. Gray Professor of Law

Harvard Law School

David Alan Sklansky

Stanley Morrison Professor of Law

Faculty Co-Director, Stanford Criminal Justice Center

Stanford Law School

ASPEN CASEBOOK SERIES

Environmental Regulation

Law, Science, and Policy

Eighth Edition

Robert V. Percival

Robert F. Stanton Professor of Law
Director, Environmental Law Program
University of Maryland School of Law

Christopher H. Schroeder

Charles S. Murphy Professor of Law and Public Policy Studies
Duke University School of Law

Alan S. Miller

Former GEF and Climate Change Coordinator
The International Finance Corporation

James P. Leape

Former Director General
World Wildlife Fund International

Copyright 2018 Robert V. Percival, Christopher H. Schroeder, Alan S. Miller, and James P. Leape

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eISBN 978-1-4548-9772-9

Library of Congress Cataloging-in-Publication Data

Names: Percival, Robert V., author. | Schroeder, Christopher H., author. | Miller, Alan S., author. | Leape, James P., author.

Title: Environmental regulation: law, science, and policy / Robert V. Percival, Robert F. Stanton Professor of Law Director, Environmental Law Program University of Maryland School of Law; Christopher H. Schroeder, Charles S. Murphy Professor of Law and Public Policy Studies, Duke University School of Law; Alan S. Miller, GEF and Climate Change Coordinator, The International Finance Corporation; James P. Leape, Former Director General World Wildlife Fund International.

Description: Eighth edition. | New York: Wolters Kluwer, [2018] | Series: Aspen casebook series

Identifiers: LCCN 2017055616 | eISBN 9781454897729

Subjects: LCSH: Environmental lawUnited States. | LCGFT: Casebooks.

Classification: LCC KF3775.E548 2018 | DDC 344.7304/6dc23

LC record available at https://lccn.loc.gov/2017055616

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To my family,
Barbara, Marita, Richard, and Zoey.

R.V.P.

To Kate, Emily, Ted, and Lily,
and to my parents, Jane and Herb,
for their unqualified support
and love.

C.H.S.

To Sue, Joanna, and my parents,
Ruth and Ralph Miller.

A.S.M.

To Suki, Benjamin, and Jonathan.

J.P.L.

Summary of Contents

Contents

1
Environmental Values and Policies: An Introduction

2
Environmental Law: A Structural Overview

Missouri v. Illinois

Chevron U.S.A. v. Natural Resources Defense Council

3
Preventing Harm in the Face of Uncertainty

Natural Resources Defense Council v. EPA

4
Waste Management and Pollution Prevention

New York v. Shore Realty Corp.

5
Air Pollution Control

Notes and Questions

6
Water Pollution Control

Notes and Questions

Water Pollution Control: A Problem Exercise

7
Land Use Regulation and Regulatory Takings

Notes and Questions

8
Environmental Impact Assessment

Marsh v. Oregon Natural Resources Council

9
Preservation of Biodiversity

G. THE FUTURE OF BIODIVERSITY PROTECTION

10
Environmental Enforcement

11
Protection of the Global Environment

A. INTRODUCTION TO INTERNATIONAL ENVIRONMENTAL LAW

Notes and Questions

12
Environmental Progress and Prospects

Appendix A
Glossary

Appendix B
List of Acronyms

Preface

Public concern for the environment has been a catalyst for profound changes in American law. During the past half century, environmental law has grown from sparse common law roots into a vast system of public law that lies at the heart of the modern regulatory state. Environmental law has generated an immense and fiercely complex web of regulations that affects the way we live, work, and do business. Environmental regulation has profoundly affected other areas of legal practice, including real estate and commercial transactions, corporate law, criminal law, and bankruptcy. This book seeks to provide a comprehensive introduction to environmental law.

The eighth edition of this book goes to press at a time of considerable conflict over environmental policy. Eighteen months after the nations of the world reached a historic agreement in Paris to coordinate their efforts to respond to climate change, a U.S. president openly hostile to environmental regulation announced his intention to withdraw the United States from it. His EPA administrator is focused on rolling back environmental regulations and reviving the economic fortunes of the coal industry. Despite a remarkable bipartisan consensus on new legislation to update controls on toxic chemicals, the U.S. Congress generally remains mired in partisan gridlock. The judiciary is closely divided on many important issues of environmental law with a single Justice casting the decisive vote in many Supreme Court cases.