California Environmental Law & Land Use Practice provides expert analysis and practice tips related to all major areas of California environmental and land use law, including the most recent legislation, regulations, and case law. It covers common law doctrines in an environmental context, administrative law and environmental litigation, the California Environmental Quality Act, water and air quality control, land use and environmental planning, solid waste management, hazardous waste and toxic substance control, forestry development, climate change and global warming, and wildlife protection and preservation. Click the chapter links below to learn more, and purchase by chapter.
Chapter 1: Nuisance, Trespass, and Strict Liability for Ultrahazardous Activities
This chapter of California Environmental Law & Land Use Practice provides an overview of the law of nuisance, trespass, and strict liability for ultrahazardous activities. Attorneys practicing environmental law in California must be familiar with not only federal and state statutes and regulations, but must also be well versed in common law doctrines that often apply to environmental problems and may provide a remedy in situations that fall outside the scope of a particular statute. For example, the theory underlying the doctrine of nuisance can be useful in preventing or obtaining relief for damage caused by any condition or activity that has a deleterious effect on the environment.
Chapter 2: Public Trust Doctrine
This chapter of California Environmental Law & Land Use Practice provides an overview of the public trust doctrine and its significance to California environmental law. The public trust doctrine is a common law theory providing that the state must hold certain natural resources should in a special status and that the government has a duty to safeguard the preservation of these resources for the benefit of the general public.
Chapter 3: Toxic Torts and Environmental Litigation
This chapter of California Environmental Law & Land Use Practice covers the application of tort doctrines to various types of toxic and environmental exposures. Many environmental cases involve the abatement and cleanup of toxic pollutants under governmental mandates to prevent potential threats to public health. However, when individuals sustain personal injuries as a result of exposure to toxic contaminants, an environmental statute may not always apply or may not provide adequate relief. In these situations, tort claims are the only available remedy.
Chapter 10: Administrative Law Issues
This chapter of California Environmental Law & Land Use Practice covers the law governing California's environmental regulatory agencies. California administrative law regulates the activities performed by government agencies operating at the state, regional, and local level. This chapter discusses the creation, powers, and duties of agencies as well as due process requirements for agencies. This chapter also covers the information gathering and inspection powers of agencies, including the California Public Records Act and the California Open Meetings Laws that apply to state and local agencies.
Chapter 22: Environmental Impact Reports
This chapter of California Environmental Law & Land Use Practice provides a detailed discussion of the nature, purpose, and significance of EIRs and offers practical guidance on how to prepare EIRs. The Environmental Impact Report, or EIR, is often referred to as the "heart" of the California Environmental Quality Act (CEQA). An EIR is a detailed informational document prepared by a Lead Agency that describes and analyzes the significant environmental effects of a project, identifies possible ways to mitigate those effects, and describes reasonable alternatives to the project.
Chapter 63: Growth Management and Development Limits
This chapter of California Environmental Law & Land Use Practice covers government's authority to manage growth and limit development, with an emphasis on local governments, which have the primary authority and responsibility to manage growth in California. The state of California has recognized that overdevelopment has had tremendous social, environmental and economic costs. Businesses suffer from higher costs and suburban residents pay a hefty price in taxation and vehicle expenses, while agriculture and ecosystems also suffer. As a result, the California legislature has been increasingly relying on its police power to place legal restrictions on sprawl.
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