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The Demise of Environmentalism in American Law - Hardcover

 
9780844739809: The Demise of Environmentalism in American Law
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This book is a study of legal doctrines that hinder the development of efficient, economically sound policies for protecting the environment.

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During the environmental era - the 1970s and the better part of the 1980s - the courts assumed that a fragile, uniquely complex ecosystem required special judicial protection. This ecological paradigm entailed a dilution of private present rights, a vast expansion of standing, and aggressive judicial review on behalf of regulatory beneficiaries. Michael S. Greve argues that these presumptions have ceased to play a formative role in American public law: breaking with the ecological paradigm, the courts have returned to more traditional, common-law-like doctrines. The ecological paradigm, Greve shows, induced or exacerbated much-criticized failures of environmental regulation. The emerging legal doctrines, in contrast, should contribute to more efficient and sensible regulation. Greve cautions, however, that much-needed, wholesale regulatory reforms cannot come from the courts but can come only from Congress.
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href="http: //www.aei.org" target="new">American Enterprise Institute for Public Policy Research.

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  • PublisherAei Press
  • Publication date1996
  • ISBN 10 0844739804
  • ISBN 13 9780844739809
  • BindingHardcover
  • Edition number1
  • Number of pages147

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9780844739816: The Demise of Environmentalism in American Law

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Publisher: Aei Press, 1996
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Greve, Michael S.
Published by AEI Press (1996)
ISBN 10: 0844739804 ISBN 13: 9780844739809
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