Environmental Protection

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Environmental Protection: Law and Policy, respected for its intellectual breadth and depth, is an interdisciplinary overview of Environmental Law, incorporating history, theory, litigation, regulation, policy, science, economics, and ethics. It covers the history of environmental protection; policy objectives; regulatory design strategies; and constitutional federalism and related statutory interpretation issues concerning the design and implementation of the environmental laws. Coverage also includes the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA, and other pollution control statutes; a chapter on climate change that discusses scientific, policy, program design, and statutory authority questions; and natural resource management issues (including the National Environmental Policy Act, the Endangered Species Act, and limited coverage of national forest management).

New to the 9th Edition:

• New co-author Alejandro Camacho, a leading scholar on natural resources and public land law
• Ch.1: New materials on the Flint, Michigan battles over lead contamination of the municipal water system
• Ch.2: Discussion of regulatory and judicial skirmishes resulting from policy differences among the Obama, Trump, and Biden administrations
• Ch.3: Changes, driven by the Supreme Court, to areas such as standard of judicial review (including the Court’s endorsement of the major questions doctrine) and potential changes to entrenched law in areas such as the nondelegation doctrine
• Ch.4: Council on Environmental Quality’s overhaul of its 1978 NEPA regulations under the Trump administration and the Biden CEQ’s phased revision of those regulations; Food and Water Watch v. FERC; Sierra Club v. EPA 
• Ch.5: Discussion of recent research and scholarship on biodiversity loss, the Trump administration’s efforts to restrict the scope of the Endangered Species Act, and the Biden administration’s attempts to reverse or revise these changes; recent developments on listing, critical habitat, federal agency consultation, taking prohibitions, and incidental takings
• Ch.6: Updated references to air pollution science
• Ch.7: Updates on ongoing litigation involving the “waters of the United States” definition in the Clean Water Act
• Ch.8: EPA’s efforts to implement 2016 amendments to the Toxic Substances Control Act; League of United Latin American Citizens v. Regan
• Ch.9: New case law under CERCLA; discussion of the treatment in the Restatement (Third) Torts of joint and several liability
• Ch.10: Streamlined coverage of environmental enforcement process
• Ch.11: Updated coverage of climate change law, policy, and science to reflect opposed regulatory responses to climate change by the Trump and Biden administrations; West Virginia v. EPA
• Online environmental justice supplement
• Streamlined note material