The Common Law and the Environment Rethinking the Statutory Basis for Modern Environmental Law

by ;
Format: Paperback
Pub. Date: 2000-01-19
Publisher(s): Rowman & Littlefield Publishers
List Price: $76.71

Rent Book

Select for Price
There was a problem. Please try again later.

New Book

We're Sorry
Sold Out

Used Book

We're Sorry
Sold Out

eBook

We're Sorry
Not Available

How Marketplace Works:

  • This item is offered by an independent seller and not shipped from our warehouse
  • Item details like edition and cover design may differ from our description; see seller's comments before ordering.
  • Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
  • Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
  • Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.

Summary

Since 1970, when the Clean Air Act was passed and the Environmental Protection Agency was created, the primary means for addressing environmental problems in the U.S. has been through comprehensive federal statutes and detailed regulations. Evaluating almost three decades of experience with the Clean Air Act, Superfund, the Clean Water Act, the Endangered Species Act, and other major federal environmental statutes, the contributors to this volume question the effectiveness and impact of the legal regime that created these regulations. While most studies of environmental policy paint a picture of improvement through government initiatives, these essays argue the contrary. Pointing to Cleveland's burning river, the death of Lake Erie, smog in Los Angeles, and Love Canal, the contributors demonstrate that command-and-control regulation of the environment has not delivered the great improvements in environmental quality as promised. The Common Law and the Environment offers principles for a new approach to protecting the environment and looks to evidence of the successes of alternative legal systems to address significant problems.

Table of Contents

List of Tables and Figures
vii
Acknowledgments ix
Introduction: Reclaiming the Common Law's Role in Environmental Law xi
Andrew P. Morriss
Roger E. Meiners
Part I: Reviving the Common Law
Protecting the Environment in the Spirit of the Common Law
3(24)
David Schoenbrod
Part II: The Environment under the Common Law
Empirical Evidence Regarding the Role of Nationalization in improving U.S. Air Quality
27(27)
Indur M. Goklany
Burning Rivers, Common Law, and Institutional Choice for Water Quality
54(32)
Roger E. Meiners
Stacie Thomas
Bruce Yandle
Protecting English and Welsh Rivers: The Role of the Anglers' Conservation Association
86(23)
Roger Bate
Part III: The Institutions of the Common Law
The Institution of Property
109(21)
David Schmidtz
Lessons for Environmental Law from the American Codification Debate
130(28)
Andrew P. Morriss
Federalism and the Environment
158(27)
Jonathan R. Macey
Henry N. Butler
Part IV: Perspectives on the Shift away from the Common Law
Industry and Environmental Lobbyists: Enemies or Allies?
185(26)
Todd J. Zywicki
On the Commons and the Common Law
211(31)
Jason Scott Johnston
On Being Regulated in Foresight versus Being Judged in Hindsight
242(23)
Jeffrey J. Rachlinski
Index 265(10)
About the Political Economy Forum and the Authors 275

An electronic version of this book is available through VitalSource.

This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.

By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.

A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.

Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.

Please view the compatibility matrix prior to purchase.