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Environmental Protection: Law and Policy, Ninth Edition

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Authors
  • Robert L. Glicksman
  • William W. Buzbee
  • Daniel R. Mandelker
  • Emily Hammond
  • Alejandro Camacho
Series / Aspen Casebook Series
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Book length
1072 pages
Publication Date
2023-01-31
Edition
Ninth Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

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 

Benefits for instructors and students: 

  • Thorough, nuanced treatment of existing laws, regulations, and cases, regulatory design strategies, and current and developing policy objectives 
  • Interdisciplinary approach incorporating science, economics, and ethics 
  • Coverage of major federal pollution control, environmental assessment, and species protection laws 
  • Charts and graphics 
  • Exercises and problems 
  • Distinguished author team with extensive practical, scholarly, and teaching experience
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Table of Contents
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Preface
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About the authors
Robert L. Glicksman
J.B. & Maurice C. Shapiro Professor of Environmental Law
George Washington University Law School

Professor Glicksman is a nationally and internationally recognized expert on environmental, natural resources, and administrative law issues. A graduate of the Cornell Law School, his areas of expertise include environmental, natural resources, administrative, and property law. Before joining the George Washington University Law School faculty in 2009, Professor Glicksman taught at the University of Kansas School of Law, where he joined the faculty in 1982 and was named the holder of the Robert W. Wagstaff Distinguished Professor of Law in 1995. Professor Glicksman has practiced with law firms in DC and New Jersey before joining and while on leave from academia, focusing on environmental, energy, and administrative law issues. He has consulted on various environmental and natural resources law issues, including work for the Secretariat of the Commission for Environmental Cooperation in Montreal, Canada.

Professor Glicksman has extensive publications in his areas of expertise. He is co-author of two law school casebooks, Environmental Protection: Law and Policy (9th ed. Aspen Publishing) and Administrative Law: Agency Action in Legal Context (3d ed. Foundation Press), and two treatises published by Thomson Reuters, Public Natural Resources Law (2d ed.) and NEPA Law and Litigation (published annually). He has also co-authored three monographs: Reorganizing Government: A Functional and Dimensional Framework (NYU Press); Risk Regulation at Risk: A Pragmatic Approach (Stanford Univ. Press); and Pollution Limits and Polluters’ Efforts to Comply: The Role of Government Monitoring and Enforcement (Stanford Univ. Press). Glicksman’s other books include Elgar Encyclopedia of Environmental Law: Decision Making in Environmental Law (Edward Elgar); Stay Ahead of the Pack, Your Comprehensive Guide to the Upper Level Curriculum (West Academic); Developing Professional Skills in Environmental Law (West Academic); Statutory Analysis in the Regulatory State (Foundation Press); and Modern Public Land Law in a Nutshell (5th ed. West Academic).

Professor Glicksman has written numerous book chapters and articles on a variety of environmental and natural resources law topics, concentrating recently on topics such as climate change, government organization and institutional design, judicial review of administrative decisionmaking, federalism issues in environmental law, the challenges facing the federal land management agencies, and environmental enforcement. His articles have been published in top U.S. law reviews and journals. Professor Glicksman has been a member scholar for the Center for Progressive Reform since 2002 and a member of the Center’s Board of Directors since 2008.

William W. Buzbee

William W. Buzbee is a professor of law at Georgetown University Law Center. In his teaching and scholarship, he specializes in environmental law, legislation and regulation, and administrative law. Recent publications focus on climate regulation, deregulation and law governing agency policy change, and federalism. He also offers seminars on advanced environmental, regulatory, and constitutional law subjects, with his most recent seminar focused on 'The Art of Regulatory War.' Professor Buzbee’s books include the recently published Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War that Transformed New York City (Cornell University Press 2014) and Preemption Choice: The Theory, Law and Reality of Federalism’s Core Question (Cambridge University Press, hardcover 2009, paperback 2011) (William W. Buzbee editor and contributor). He has been a co-author of the 5th, 6th, 7th, and 8th editions of Environmental Protection: Law and Policy. Three of his articles have been named among the 10 best environmental or land use law articles of that year and republished in the Land Use and Environment Law Review. He regularly assists with appellate and Supreme Court environmental, federalism, and regulatory litigation, and also has testified before congressional committees on environmental and regulatory matters. He has published op-eds on regulatory and environmental issues with The New York Times, The Hill, CNN, and has been quoted and interviewed by numerous press and media outlets.

Professor Buzbee joined Georgetown from Emory Law School, where he was a professor of law and directed its Environmental and Natural Resources Law Program. He also co-directed Emory’s Center on Federalism and Intersystemic Governance. He has been a visiting professor of law at Columbia, Cornell, and Illinois law schools. He has also served as a professor for the Leiden-Amsterdam-Columbia Law School Summer Program in American Law. Professor Buzbee is a founding Member Scholar of the Center for Progressive Reform, a Washington D.C.-based regulatory think tank. Professor Buzbee was awarded the 2007-2008 Emory Williams Teaching Award for excellence in teaching.

Professor Buzbee clerked for United States Judge Jose A. Cabranes, and before becoming a professor was an attorney-fellow at the Natural Resources Defense Council, and did environmental, land use, and litigation work for the New York City law firm, Patterson, Belknap, Webb & Tyler.

Education: JD, Columbia Law School, 1986 BA, Amherst College, magna cum laude, 1983

Daniel R. Mandelker
Howard A. Stamper Professor of Law
Washington University School of Law

Professor Daniel R. Mandelker is one of the nation’s leading scholars and teachers in land use law. He is the co-author of a widely-used casebook on land use law, now in its ninth edition, and the coauthor of a comprehensive treatise on land use law, currently in its sixth edition. He also focuses on environmental law and state and local government law, co-authoring a casebook on state and local government law, in its eighth edition, and coauthoring a popular treatise, NEPA Law and Litigation, on the National Environmental Protection Act (NEPA). A retired member of the College of Fellows of the American Institute of Certified Planners, Professor Mandelker has been a lecturer at national and international conferences and has served on editorial boards. He is the past recipient of the ABA Section on State and Local Government’s Daniel J. Curtin Distinguished Lifetime Achievement Award. He has been a consultant to local, state, and federal governments and to foreign countries in his areas of expertise. He was the principal consultant and contributor to the American Planning Association’s model zoning and planning legislation project, was the principal consultant to a joint ABA committee that prepared a model law on land use procedures that was adopted by the House of Delegates, and was the principal author of comprehensive planning amendments to the New Orleans city charter.

Emily Hammond
Professor of Law
The George Washington University Law School

Emily Hammond's expertise centers on administrative law, energy law, and environmental law. A former civil engineer who practiced in the environmental and water resources fields prior to attending law school, her research focuses on two themes: the various responses of legal institutions to scientific uncertainty and the relationship between procedural and substantive legitimacy. Her articles have appeared in the Duke Law Journal, the Columbia Law Review, the Michigan Law Review, and the Harvard Environmental Law Review, among others. She is a co-author of the nation's leading energy law text, Energy, Economics, and the Environment, and the environmental law text Environmental Protection: Law and Policy, in addition to numerous book chapters and shorter works. A member scholar of the Center for Progressive Reform, Professor Hammond has also provided service to the International Atomic Energy Agency. She has served as a Hearing Examiner for the Oklahoma Water Resources Board, is an elected member of the American Law Institute, and is a member of the Executive Committee of the Association of American Law Schools Administrative Law Section. Professor Hammond was also honored as the 2014 Distinguished Young Environmental Scholar by the Stegner Center, University of Utah.

Professor Hammond began her legal career as a law clerk to Judge Richard W. Story of the U.S. District Court for the Northern District of Georgia. Following her clerkship, she practiced law with Bondurant, Mixson & Elmore, LLP in Atlanta, Georgia. While with the firm, she worked on all aspects of civil litigation in cases ranging from complex business disputes to pro bono civil rights suits. She was previously a professor at Wake Forest School of Law and the University of Oklahoma College of Law, where she won numerous teaching awards while serving as Associate Dean for Academic Affairs and Associate Director of the Law Center. She has visited at the University of Texas, Florida State University, and the University of Georgia.

Alejandro E. Camacho
Professor
University of California, Irvine School of Law

Professor Alejandro E. Camacho’s scholarship explores the goals, structures, and processes of regulation, with a particular focus on natural resources and public lands law, pollution control law, and land use regulation. His writing generally considers the role of public participation and scientific expertise in regulation, the allocation of authority and relationships between regulatory institutions, and how the design and goals of legal institutions must and can be reshaped to more effectively account for emerging technologies and the dynamic character of natural and human systems. His legal scholarship includes articles published or forthcoming in the Vanderbilt Law Review, UCLA Law Review, Washington University Law Review, Emory Law Journal, BYU Law Review, North Carolina Law Review, Colorado Law Review, Yale Journal on Regulation, Harvard Journal on Legislation, Stanford Environmental Law Journal, Columbia Journal of Environmental Law, Regulation & Governance, and Law, Innovation, & Technology. Professor Camacho is the co-author, with Robert Glicksman, of Reorganizing Government: A Functional and Dimensional Framework, published by NYU Press in 2019. He is also the co-author of Property: Cases & Materials, Fifth Edition (with James Charles Smith and Edward J. Larson) (Aspen 2022).

Professor Camacho’s interdisciplinary research has involved collaborations with experts in ecology, land use planning, political science, computer science, genetics, philosophy, and sociology. He was a co-investigator on National Science Foundation-funded research developing a collaborative cyber-infrastructure for facilitating climate change adaptation. His scientific publications include articles published in the Proceedings of the National Academy of Sciences, BioScience, the Journal of Applied Ecology, Frontiers in Climate, and Issues in Science and Technology. He is a frequent public speaker and has contributed opinion pieces or interviews for various print and radio news outlets (including the Los Angeles Times, Houston Chronicle, Chicago Tribune, San Francisco Chronicle, Denver Post, The Australian, Discover, Nature Climate Change, Bloomberg Businessweek, HuffPost, Mother Jones, The Hill, and National Public Radio stations).

Professor Camacho is an elected member of the American Law Institute. He also serves as the inaugural Faculty Director of the UCI Law Center for Land, Environment, and Natural Resources, which seeks to promote policy-relevant research and public engagement through conferences, lectures, publications, and stakeholder facilitation on a variety of regional and national environmental issues. He is on the Board of Directors and a Scholar at the Center for Progressive Reform, a nonprofit think tank devoted to issues of environmental protection and safety. He holds a courtesy appointment in Political Science at UCI’s School of Social Sciences and is the former chair of the Association of American Law Schools’ Section on Natural Resources. In Fall 2017, he was the Florence Rogatz Visiting Professor of Law at the Yale Law School. Before joining UCI, Professor Camacho was an Associate Professor at the Notre Dame Law School, a research fellow at the Georgetown University Law Center, and practiced environmental and land use law.
Product Information
Edition
Ninth Edition
Publication date
2023-01-31
Copyright Year
2023
Pages
1072
Connected eBook with Study Center + Hardcover
9781543857832
Connected eBook with Study Center (Digital Only)
9798886144246
Subject
Environmental Law
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