FROM THE PUBLISHER

This paperback reference in our renowned Examples & Explanations Series helps students navigate the maze of acts, regulations, and topics that characterize environmental law courses today.

The 13 chapters of ENVIRONMENTAL LAW: Examples and Explanations are divided into four parts that correspond to the major casebooks: —Decision—making and litigation

—Air and water pollution regulation

—Toxic substances

—Regulation of resources and their uses

Within each chapter, material is divided by statute —— rather than by concept —— for rapid retrieval. In the characteristic style of the Examples & Explanations Series, Ferrey introduces a topic by way of a real—life example, then explains it in context.

Some of the many subjects he reviews include:

—NEPA

—Clean Water Act

—regulation of wetlands

—regulation of wastes

—Superfund

—RCRA

—CERCLA

—energy/utility regulation

ENVIRONMENTAL LAW: Examples and Explanations shows students both sides of the issues — advising the private polluter and the governmental regulators.

Be sure to recommend this dependable paperback, and list it on your book requisition.

Table of Contents

Contents

Preface

Acknowledgements

Chapter 1: Environmental Standards, Markets, and the Common Law

The Concept of Environmental Regulation

— Ethics and Efficiency: The Moral Basis of Pollution Control

— The EPA and Its Authority to Permit and Enforce

— Setting the Standard for Emissions to the Environment

— Tools and Techniques ofEnvironmental Protection

Common Law Environmental Remedies

— Key Distinctions

— Nuisance

— Trespass

— Negligence

— Strict Liability

— Public Trust Doctrine

— The Availability of Criminal Sanctions

Chapter 2: Administrative Procedure for Environmental Regulation

Where the Action Is

— Drawing the Line: The Nondelegation Doctrine

— Staying Within the Tent: The Ultra Vires Doctrine

The Administrative Procedure Act

— Types of Agency Actions

— The Process and Judicial Review

— Standards of Judicial Review

Remedies and Fees

— Federal Tort Claims Act

— Equal Access to Justice Act

— Public Access to Information

Chapter 3: The National Environmental Policy Act

The Structure of NEPA

The EIS Process

— The Administrative Process

— The Threshold Decision

— Judicial Review Under NEPA

Timing and Scope of the EIS

— When: Timing of the EIS

— Who, What, and Where: Scope of the EIS

— When Again: The Supplemental EIS

Adequacy of the EIS: Analysis and Alternatives

— Analysis of Sufficient Environmental Impacts

— Treatment of Alternatives

— Mitigation Measures

— Judicial Review of Adequacy: Substance vs. Procedure

— Exemptions from NEPA

— International Environmental Effects

Chapter 4: Constitutional Issues: The Commerce Clause and Environmental Preemption

The Commerce Clause and Environmental Regulation

— Issue One: The Plenary Power of Congress to Regulate Interstate Commerce

Issue Two: Restriction of State Power — The Dormant Commerce Clause

Federal Preemption of State Environmental Regulation

— Express Preemption

— Implied Preemption

— Savings Clauses in Environmental Statutes

Chapter 5: Air Quality Regulation

The Basics of Air Pollution Regulation

— Sources of Air Pollution

— Air Pollution Regulation Prior to 1970

— The Clean Air Act Amendments of 1970

The Clean Air Act Amendments of 1977

— The Concept of Nonattainment: Geographic Standards

The Clean Air Act Amendments of 1990

— Attainment and Maintenance of NAAQS: Title I

— Regulating Mobile Sources: Title II

— Hazardous Air Pollutants (NESHAPs): Title III

— Acid Deposition Control: Title IV

— Stratospheric Ozone Protection: Title VI

— Enforcement Provisions: Title VII

Chapter 6: Water Pollution

The Importance of Water

Water Quality and Pollution

— Primary Sources of Water Pollution

— Types and Measurements of Water Pollution

Early Water Quality and Effluent Regulation

— The River and Harbors Act of 1899

— Twentieth Century Pre—1972 Water Pollution Control

Federal Water Pollution Control Act

— The Structure

— Health—Based and Technology—Based Standards

— Regulation of Discharges

— Water Quality Standards

— Enforcement

Additional Federal Water Pollution Statutes

— The Safe Drinking Water Act

— Other Water Pollution Statutes

Chapter 7: Rights to Use Water

Surface Water Rights

— Riparian Water Rights: Geographic Determination

— The System of Prior Appropriation: First in Time

— Dual System States

Groundwater Allocation

— Riparian Rights

— Prior Appropriation Rights

Federal and Tribal Rights

Chapter 8: The Management of Hazardous and Solid Wastes: RCRA

What Waste Is Regulated?

— RCRA's Purpose and Goals

— Trigger One: RCRA Regulates "Wastes"

— Trigger Two: RCRA Regulates Hazardous Wastes

Regulation of Hazardous Waste Generators

Regulation of Hazardous Waste Transporters

TSD Facility Regulation

— Interim Status Facilities

— Permanent Permitted Status Facilities

— Relation to Other Regulation

— The Land Ban

— State and Local Government Regulation

Wrestling the Tiger: Enforcement by Agencies and Citizens

— Information Gathering by the EPA: ￯﾿ﾽ3007

— Monitoring and Testing: ￯﾿ﾽ3013

— Citizen Suits: ￯﾿ﾽ 7002

— Imminent and Substantial Endangerment Actions: ￯﾿ﾽ7003

— Criminal Violations

— RCRA Remedies and Bankruptcy Powers

Subsidiary RCRA Regulatory Programs

— Underground Storage Tanks (UST)

— Medical Waste Tracking Act of 1988

Conclusion

Chapter 9: The Superfund: Hazardous Substance Remediation

The Mechanics of CERCLA

— How Superfund Is Different from Other Environmental Laws

— Basic Structure

EPA Tools to Accomplish Pollution Abatement and Impose Liability: ￯﾿ﾽ￯﾿ﾽ106 and 107

— The Four Basic Tools

— Strict Liability

— Proximate Cause

— Basic Defenses

Assignment and Allocation of Liability to Private Parties

— Joint and Several, or Several, Liability?

— Divisibility of the Harm

— Equitable Factors as Apportionment Tools

— Private PRP ￯﾿ﾽ107 Actions: The Kramer Rule

— Private Party Allocation: ￯﾿ﾽ113

— Strategic CERCLA Litigation Choices and Outcomes

The Application of CERCLA Liability in Special Situations

— Liability Status of Unconventional "Persons"

— Interrelationship of CERCLA and Other Law

— Insurance Compensation for Contamination: Who Ultimately Pays?

Chapter 10: Local Environmental Control

Land Use, Property Rights, and Environmental Law

Zoning and Critical Environmental Habitats

— Zoning and the Environment

— Environmental Zoning Techniques

Regulation of Critical Environmental Resources

— The Coastal Zone

— Wetlands

— Other Critical Areas

— Municipal Licensing for Environmental Goals

Common Law Land Use Controls

— The Public Trust Doctrine

— Waste and Nuisance

Legal Limitations on Environmental Land Use Regulation

— The "Takings" Clause Limitation

— Procedural Limitations

Chapter 11: Wetlands and Waterways

What Is a Wetland?

Regulation of Wetlands

— Early Regulation

— The Federal Water Pollution Control Act

Jurisdictional Overlaps in Implementing ￯﾿ﾽ404

— The Army Corps of Engineers

— EPA Veto

— Review of EPA or Corps Decisions

— The Role of the States in Wetlands Protection

Chapter 12: Energy and Power: The Ultimate Resource

Electric Power and the Environment

— The Role of Electricity

— The History of Power

Regulation of Public Utilities

— Where Does It Come From — Where Does It Go?

— How Utility Rates Are Set

— Federal vs. State Regulation

— The Filed Rate Doctrine

— Deregulation of Power

Oil and Gas Rights

— Oil and Gas in the American Economy

— Environmental Repercussions

— Ownership and Transfer of Oil and Gas Rights

Chapter 13: The Endangered Species Act

Key Concepts

— The Key Nouns and Adjectives

— The Key Verb: "Take"

Listing of Species and Consultation

— Listing Species and Habitat: ￯﾿ﾽ4

— Required Cooperation and Consultation for Listed Species and Habitat: ￯﾿ﾽ7

— Exemptions from ￯﾿ﾽ7

Takings: ￯﾿ﾽ9

— What Private Action Is Prohibited

— Incidental Takes Allowed

Glossary

Abbreviations

Table of Cases

Index

SYNOPSIS

The environmental issues and laws covered in 15 chapters include ethics, administrative procedure for regulation, the National Environmental Policy Act, constitutional issues, air quality regulation, water pollution, water rights, hazardous and solid waste management, Superfund, local controls, preservation of natural areas, energy, and the Endangered Species Act. In each chapter, Ferrey (Suffolk U. Law School, Boston, Mass.) discusses the science necessary to understand the issues, the history of the laws, and common law, insurance compensation, and legal limitations, among other issues as these pertain to the topic. A group of fictional scenarios close each chapter, followed by an explanation of the appropriate legal procedure to be applied in each case. Annotation ©2004 Book News, Inc., Portland, OR

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