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Environmental Decisionmaking, Third Edition, 2000

Environmental Decisionmaking, Third Edition, 2000

Robert L. Fischman, Professor of Law, Indiana University School of Law, Bloomington; Mark S. Squillace, Professor of Law, University of Toledo College of Law


Availability: In Stock
Publisher :Anderson Publishing
Format: softcover; 500 pp. , BOOK

ISBN: 9780870843082

2000
 
$61.00
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    This volume contains background material for an introductory environmental law class and more detailed material for a study of the National Environmental Policy Act and the Endangered Species Act. This edition also incorporates material on the National Historic Preservation Act. The problems in this book both explore new issues raised in the chapter at hand and synthesize previous material for practical application. Each problem can be used as the framework for an entire class discussion. Close scrutiny of the text of the applicable statutes and regulations is indispensable to the study of environmental law and the companion Statutes and Regulations Appendix contains the text of NEPA, the ESA, and many of their most important implementing regulations. The Statutes and Regulations Appendix also contains the widely used "Forty Questions" CEQ guidance on NEPA.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

    Preface, xv

    Acknowledgments, xvii

    Table of Cases, xix

    CHAPTER 1: PERSPECTIVES, 1

    Aldo Leopold, The Land Ethic, 1

    Lynn White, Jr., The Future of Compassion, 6

    Garrett Hardin, The Tragedy of the Commons, 9

    Regulatory Planning and Review, Executive Order 12866, 12

    Robert Reich, The Miasma of Regulation, 19

    Wendell Berry, Solving for Pattern, 24

    Barry Commoner, Failure of the Environmental Effort, 26

    Terry L. Anderson & Donald R. Leal, Free Market Versus

    Political Environmentalism, 30

    Joseph L. Sax, The Search for Environmental Rights, 35

    CHAPTER 2: CONSTITUTIONAL ISSUES, 45

    Hodel v. Virginia Surface Mining & Reclamation Association, 45

    Chemical Waste Management, Inc. v. Hunt, 59

    Lucas v. South Carolina Coastal Council, 65

    CHAPTER 3: THE ADMINISTRATIVE PROCESS, 79

    A. Standing, Ripeness, and Other Defenses, 79

    Sierra Club v. Morton, 79

    Lujan v. Defenders of Wildlife, 86

    Lujan v. National Wildlife Federation, 103

    Park County Resource Council v. United States Department of Agriculture, 114

    Problem #1: Standing and Ripeness, 121

    B. Judicial Review of Agency Action, 122

    Citizens to Preserve Overton Park, Inc. v. Volpe, 122

    Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 130

    Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 139

    CHAPTER 4: ENVIRONMENTAL DECISIONMAKING STATUTES, 147

    A. The National Environmental Policy Act, 147

    Introduction to the National Environmental Policy Act, 147

    Calvert Cliffs' Coordinating Committee, Inc. v. United States Atomic Energy Commission, 150

    B. The Endangered Species Act, 163

    Daniel J. Rohlf, The Endangered Species Act: A Guide to its Protections and Implementation, 163

    Introduction to the Endangered Species Act, 169

    Northern Spotted Owl v. Hodel, 173

    Defenders of Wildlife v. Andrus, 179

    C. The National Historic Preservation Act, 184

    Pueblo of Sandia v. United States, 185

    CHAPTER 5: SUBSTANTIVE EFFECTS ON DECISIONMAKING, 191

    Strycker's Bay Neighborhood Council, Inc. v. Karlen, 191

    Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc., 195

    Tennessee Valley Authority v. Hill, 203

    Michigan Environmental Protection Act of 1970, 219

    West Michigan Environmental Action Council, Inc. v. Natural Resources Commission, 221

    Problem # 2: Substantive Effects on Agency Decisionmaking, 226

    CHAPTER 6: THE DECISION TO PREPARE ENVIRONMENTAL DOCUMENTS, 227

    A. Significance, 227

    Hanly v. Kleindienst [Hanly II], 227

    Conner v. Burford, 236

    Marsh v. Oregon Natural Resources Council, 244

    Problem #3: The Supplemental EIS, 252

    B. Federal Action, 253

    Defenders of Wildlife v. Andrus, 253

    C. The Human Environment, 264

    Metropolitan Edison Co. v. People Against Nuclear Energy, 264

    D. Programmatic Proposals and Legislation, 270

    Scientists' Institute for Public Information, Inc. v. Atomic Energy Commission [SIPI], 270

    Kleppe v. Sierra Club, 277

    Lane County Audubon Society v. Jamison, 288

    Atchison, Topeka & Santa Fe Railway Co. v. Callaway, 293

    Joseph Mendelson III & Andrew Kimbrell, The Legislative Environmental Impact Statement: An Analysis of

    Public Citizen v. Office of the U.S. Trade Representative, 298

    E. Extraterritorial Activities, 304

    Environmental Effects Abroad of Major Federal Actions, Executive Order 12114, 304

    Environmental Defense Fund, Inc. v. Massey, 306

    Lujan v. Defenders of Wildlife, 315

    CHAPTER 7: THE SCOPE OF NEPA AND ESA DOCUMENTS, 319

    A. Alternatives, 319

    Natural Resources Defense Council, Inc. v. Morton, 319

    Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 325

    Citizens Against Burlington, Inc. v. Busey, 331

    Problem #4: Alternatives and Other EIS Issues, 339

    B. Scope of Analysis and Cumulative Impacts, 340

    Cumulative Effects Under the Endangered Species Act, 342

    Conner v. Burford, 347

    Thomas v. Peterson, 352

    Taxpayers Watchdog, Inc. v. Stanley, 360

    Problem #5: Scope of Environmental Documents, 365

    Sylvester v. U.S. Army Corps of Engineers, 366

    C. Mitigation and Uncertainty, 373

    Robertson v. Methow Valley Citizens Council, 373

    Cabinet Mountain Wilderness/Scotchman's Grizzly Bears v. Peterson, 381

    Roosevelt Campobello International Park Comm'n v. United States Environmental Protection Agency, 387

    Problem #6: Uncertainty, 394

    CHAPTER 8: CONFLICTS WITH OTHER STATUTES, 395

    Flint Ridge Development Co. v. Scenic Rivers Ass'n, 395

    South Dakota v. Andrus, 401

    Weinberger v. Catholic Action of Hawaii/Peace Education Project, 405

    Riverside Irrigation District v. Andrews, 409

    CHAPTER 9: REMEDIES, 415

    Massachusetts v. Watt, 416

    Wisconsin v. Weinberger, 420

    CHAPTER 10: TAKINGS UNDER THE ENDANGERED SPECIES ACT, 429

    Babbitt v. Sweet Home Chapter of Communities for a Great Oregon, 429

    Problem #7: Takings and Jeopardy, 439

    Karin P. Sheldon, Habitat Conservation Planning: Addressing the Achilles Heel of the Endangered Species Act, 440

    Wyoming Farm Bureau Federation v. Babbitt, 453

    Christy v. Hodel, 459

    Problem #8: Habitat Conservation Planning, 469

    Glossary of Abbreviations, 471

    Index, 473

     

    Robert L. Fischman


    Mark S. Squillace


     

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