Foundations of Environmental Law and Policy

Foundations of Environmental Law and Policy

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This volume brings together 40 readings from lawyers, economists, environmentalists and legal scholars to help introduce readers to the major theoretical approaches in the field of environmental law and policy. The selections have been edited to facilitate accessibility and each chapter has an introduction highlighting the most important contributions of the readings. The chapters end with a set of notes and questions, designed both to provide a deeper understanding of the readings, as well as to introduce and critique a broader set of perspectives.
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Product details

  • Paperback | 347 pages
  • 157.48 x 231.14 x 25.4mm | 544.31g
  • New York, United States
  • English
  • 2 line figures
  • 0195091523
  • 9780195091526

Table of contents

The Theoretical Foundations of Environmental Law. I. The Economic Perspective on Environmental Degradation. Garrett Hardin: The Tradegy of the Commons. Ronald H. Coase: The Problem of Social Cost. Notes and Questions. II. Non-Economic Perspectives on Environmental Degradation. Mark Sagoff: The Economy of the Earth: Philosophy, Law, and the Environment. Paul W. Taylor: Respect for Nature: A Theory of Environmental Ethics. Notes and Questions. III. The Scientific Predicate for Environmental Regulation: Risk Assessment. William D. Ruckelshaus: Risk, Science, and Democracy. Alon Rosenthal, George M. Gray, and John D. Graham: Legislating Acceptable Cancer Risk from Exposure to Toxic Chemicals. John D. Graham, Laura C. Green, and Marc J. Roberts: In Search of Safety: Chemicals and Cancer Risk. Stephen Breyer: Breaking the Vicious Circle: Toward Effective Risk Regulation. Notes and Questions. IV. The Objectives of Environmental Regualtion: Risk Management. Baruch Fischhoff et al.: Acceptable Risk. Lester B. Lave: The Strategy of Social Regulation: Decision Frameworks for Policy. Steven Kelman: Cost-Benefit Analysis: An Ethical Critique. Notes and Questions. V. Distributional Consequences Of Environmental Policy. Robert D. Bullard: Anatomy of Environmental Racism and the Environmental Justice Movement. Vicki Been: Locally Undesirable Land Uses in Minority Neighborhoods: Disproportionate Siting or Market Dynamics. Vicki Been: What's Fairness Got to Do With It?: Environmental Justice and the Siting of Locally Undesirable Land Uses. Henry M. Peskin: Environmental Policy and the Distribution of Benefits and Costs. Notes and Questions. VI. The Choice of Regulatory Tools. Bruce A. Ackerman and Richard B. Stewart: Reforming Environmental Law. William J. Baumol and Wallace E. Oates: The Theory of Environmental Policy. Peter Bohm: Deposit-Refund Systems: Theory and Applications to Environmental, Conservation, and Consumer Policy. Steven Shavell: Liability for Harm Versus Regulation of Safety. Wesley A. Magat and W. Kip Viscusi: Information Approaches to Regulation. Notes and Questions. The Political Dimensions of Environmental Law. VII. Federalism and Environmental Regulation. Richard B. Stewart: Pyramids of Sacrifice?: Problems of Federalism in Mandating State Implementation of National Environmental Policy. Richard L. Revesz: Rehabilitating Interstate Competition: Rethinking the "Race-to-the-Bottom" Rationale for Federal Environmental Regulation. Notes and Questions. VIII. Environmental Law and Public Choice. E. Donald Elliott, Bruce A. Ackerman, and John C. Millian: Toward a Theory of Statutory Evolution: The Federalization of Environmental Law. Bruce A. Ackerman and William T. Hassler: Clean Coal/Dirty Air. B. Peter Pashigian: Environmental Regulation: Whose Self-Interests Are Being Protected?. Michael T. Maloney and Robert E. McCormick: A Positive Theory of Environmental Quality Regulation. Daniel A. Farber: Politics and Procedures in Environmental Law. Case Studies. IX. Control of Air Pollution. James E. Krier: The Irrational Ambient Air Quality Standards: Macro- and Micro-Mistakes. George Eads: The Confusion of Goals and Instruments: The Explicit Consideration of Cost in Setting National Ambient Air Quality Standards. Craig N. Oren: Prevention of Significant Deterioration: Control-Compelling Versus Site Shifting. Notes and Questions. X. Liability for the Cleanup of Hazardous Waste Sites. Richard L. Revesz and Richard B Stewart: The Superfund Debate. James T. Hamilton and W. Kip Viscusi: The Magnitude and Policy Implications of Health Risks from Hazardous Waste Sites. Lewis A. Kornhauser and Richard L. Revesz: Evaluating the Effects of Alternative Superfund Liability Rules. Notes and Questions. Environmental Law in an International Community. XI. Environmental Regulation and International Trade. Richard B. Stewart: International Trade and Environment: Lessons from the Federal Experience. Jagdish Bhagwati and T.N. Srinivasan: Trade and the Environment: Does Environmental Diversity Detract from the Case for Free Trade?. Notes and Questions. XII. International Environmental Law. Edith Brown Weiss: Intergenerational Equity: A Legal Framework for Global Environmental Change. Robert Solow: An Almost Practical Step Towards Sustainability. Oran R. Young: The Politics of International Regime Formation: Managing Natural Resources and the Environment. Henry Shue: Subsistence Emissions and Luxury Emissions. Notes and Questions
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