This Environmental Law casebook provides a contemporary treatment of the current environmental law issues, while retaining the classic environmental law cases. In the tradition of prior editions, the authors sparingly edit judicial opinions, to provide not only the substance of the case, but also the court's mode of expression and the full ambience of the decision in its original legal context. Notes and questions interspersed throughout the text stimulate classroom discussions of significant issues and topics.
The doctrinally balanced treatment and organization of the materials promote optimal teaching flexibility. The authors have purposely avoided casting the work in any particular doctrinal or theoretical perspective. The primary objective is to familiarize students with the major areas of the law and to provide them with a sound basis for analyzing the complex legislation and legal materials of the field. To accommodate individual course structures, the chapter sequence allows faculty to rearrange major topics and chapters in whatever way is most useful. Topics frequently cross-reference Grad's Treatise on Environmental Law for those wishing to pursue some topics in greater detail. However, this book remains very comprehensive in its treatment of each of the subject areas.
This book includes significant developments on standing to sue, citizen suits, the application of NEPA, land use controls, application of the Fifth Amendment to regulatory takings, Superfund law, the new field of environmental justice, and new modes of environmental enforcement not relying entirely on command and control. This book also addresses new environmental concerns such as the control of ozone layer depleting gases, the control of acid depositions, and other emerging problems in the control of air toxins.
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