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Decision Making in Environmental Law
Environmental issues are at the heart of some of the most complex and consequential decisions that society must face in pursuit of a more sustainable future. They encompass the international, national, and local levels and engage all branches of government. Decision Making in Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together some of the leading experts in the field and provides a structured overview of the various dimensions of decision making from an environmental law perspective. Topics include: the use of treaties, common law tools, rulemaking, access to information, regulatory structures, market-based and trading mechanisms, monitoring and reporting, voluntary programs and private regulation, environmental impact analysis, public engagement and environmental justice, administrative and judicial review, and the role of environmental courts and tribunals.
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Critical Acclaim
Contributors
Contents
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The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.
Environmental issues are at the heart of some of the most complex and consequential decisions that society must face in pursuit of a more sustainable future. They encompass the international, national, and local levels and engage all branches of government. Decision Making in Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together some of the leading experts in the field and provides a structured overview of the various dimensions of decision making from an environmental law perspective.
The concise and accessible chapters provide an international scope and detailed bibliographies that allow readers to explore issues in depth. Topics include: the role of treaties, common law tools, rulemaking, access to information, regulatory structures, market-based and trading mechanisms, monitoring and reporting, voluntary programs and private regulation, environmental impact analysis, public engagement and environmental justice, administrative and judicial review, and the role of environmental courts and tribunals.
This volume offers a complete exploration of the complicated issue of environmental decision making. It is ideal as an introduction for students, as a reference point for scholars, and as a comprehensive guide for practitioners.
Environmental issues are at the heart of some of the most complex and consequential decisions that society must face in pursuit of a more sustainable future. They encompass the international, national, and local levels and engage all branches of government. Decision Making in Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together some of the leading experts in the field and provides a structured overview of the various dimensions of decision making from an environmental law perspective.
The concise and accessible chapters provide an international scope and detailed bibliographies that allow readers to explore issues in depth. Topics include: the role of treaties, common law tools, rulemaking, access to information, regulatory structures, market-based and trading mechanisms, monitoring and reporting, voluntary programs and private regulation, environmental impact analysis, public engagement and environmental justice, administrative and judicial review, and the role of environmental courts and tribunals.
This volume offers a complete exploration of the complicated issue of environmental decision making. It is ideal as an introduction for students, as a reference point for scholars, and as a comprehensive guide for practitioners.
Critical Acclaim
‘The topic of “Decision Making in Environmental Law” encompasses a vast and complex milieu of regulation, legal principles, administrative procedures and discretion. The subject matter plays out in multiple legal dimensions, including legislation and common law, private and public law, and international, federal and domestic law. Paddock, Glicksman and Bryner have brought together a veritable “Who’s Who” of leading environmental scholars to produce an excellent collection of chapters that bring order to, and provide incisive analysis of, the multi-dimensional legal landscape of modern environmental decision-making. This volume should be the first point of reference for scholars, students, members of the judiciary and regulators with an interest in the topic.’
– David Grinlinton, The University of Auckland, New Zealand and Western University, Canada
– David Grinlinton, The University of Auckland, New Zealand and Western University, Canada
Contributors
Contributors: W.L. Andreen, J. Broderick, C. Bruch, N.S. Bryner, W.W. Buzbee, C. Coglianese, K.S. Coplan, E. Daly, E.A. DeGroff, J.C. Dernbach, D.M. Driesen, H. Elliott, K.H. Engel, V.B. Flatt, R.L. Glicksman, E. Hammond, R.L. Hill, S.B. Krolikowski, B.C. Karkkainen, I.E. Kornfeld, G.J. S. Leal, M. Lee, G. Levitt, S.E. Light, J. Makowiak, D.R. Mandelker, B.C. Mank, J.R. May, K. Morrow, J. Nash, S.F. Nolon, D. Owen, L.C. Paddock. C. Pring, G. Pring, A. Sinden, W.M. Tabb, G. Van Hoorick, M.P. Vandenbergh, M.A. Wenisch, J.A. Wentz, M.C. Wood, S. Zellmer
Contents
Contents:
Series Foreword by Jamie Benidickson and Yves Le Bouthillier,
Introduction by Robert L. Glicksman and LeRoy C. Paddock
1. Global Environmental Constitutionalism: A Rights-Based Primer for Effective Strategies
Erin Daly and James R. May
2. International Law and Processes
Carl Bruch and John Broderick
3. The Courts, Nuisance and Environmental Pollution—A matter of will?
Karen Morrow
4. Federal Preemption and Displacement of Environmental Statutes and Common Law Claims
Sandra Zellmer
5. The Intersection Between Environmental Law and Tort Law
Maria Lee
6. The Public Trust Doctrine in Environmental Decision Making
Mary Christina Wood and Gordon Levitt
7. Environmental Federalism: A View from the United States
Kirsten H. Engel
8. Allocation of environmental lawmaking powers in Brazil
Guilherme J. S. Leal
9. Environmental Decision Making of Local Governments
Sean F. Nolon
10. Participation in environmental decision making in European Law
Jessica Makowiak
11. Access to Information: International Perspective
Eric A. DeGroff
12. Goal Setting in Environmental Decision Making
John C. Dernbach
13. Regulatory Strategy Diversity in United States Environmental Law
William W. Buzbee
14. Market-Based Control Strategies
Victor B. Flatt
15. Decisions About Emissions Trading Design
David M. Driesen
16. Information Mandates as Environmental Regulation
Bradley C. Karkkainen
17. The Law of Environmental Planning
Dave Owen
18. Motivating without Mandates? The Role of Voluntary Programs in Environmental Governance
Cary Coglianese and Jennifer Nash
19. Private Environmental Governance
Sarah E. Light and Michael P. Vandenbergh
20. Cost-Benefit Analysis
Amy Sinden
21. The National Environmental Policy Act
Daniel R. Mandelker
22. Climate Change and Environmental Impact Assessment
Jessica Anne Wentz
23. Public Participation in Environmental Decision Making
William Murray Tabb
24. Environmental Justice
LeRoy C. Paddock
25. Environmental permits: origins and nature, and recent tendencies
Geert Van Hoorick
26. Federalism, Delegated Permitting and Enforcement
William L. Andreen
27. Internal Administrative Appeals of Governmental Decisions on the Environment
Randolph L. Hill, Michelle A. Wenisch and Suzanne B. Krolikowski
28. Standing and Related Doctrines
Bradford C. Mank
29. Judicial Review of Agency Statutory Interpretations in Environmental Law
Heather Elliott
30. Judicial Review of Agency Environmental Decision Making
Emily Hammond
31. Citizen Enforcement
Karl S. Coplan
32. Public Intervenors and Public Funding in Environmental Decision Making
Nicholas S. Bryner
33. Are International Courts the Best Adjudicators of Environmental Disputes?
Itzchak E. Kornfeld
34. Environmental Courts and Tribunals
George (Rock) Pring and Catherine (Kitty) Pring
Index
Series Foreword by Jamie Benidickson and Yves Le Bouthillier,
Introduction by Robert L. Glicksman and LeRoy C. Paddock
1. Global Environmental Constitutionalism: A Rights-Based Primer for Effective Strategies
Erin Daly and James R. May
2. International Law and Processes
Carl Bruch and John Broderick
3. The Courts, Nuisance and Environmental Pollution—A matter of will?
Karen Morrow
4. Federal Preemption and Displacement of Environmental Statutes and Common Law Claims
Sandra Zellmer
5. The Intersection Between Environmental Law and Tort Law
Maria Lee
6. The Public Trust Doctrine in Environmental Decision Making
Mary Christina Wood and Gordon Levitt
7. Environmental Federalism: A View from the United States
Kirsten H. Engel
8. Allocation of environmental lawmaking powers in Brazil
Guilherme J. S. Leal
9. Environmental Decision Making of Local Governments
Sean F. Nolon
10. Participation in environmental decision making in European Law
Jessica Makowiak
11. Access to Information: International Perspective
Eric A. DeGroff
12. Goal Setting in Environmental Decision Making
John C. Dernbach
13. Regulatory Strategy Diversity in United States Environmental Law
William W. Buzbee
14. Market-Based Control Strategies
Victor B. Flatt
15. Decisions About Emissions Trading Design
David M. Driesen
16. Information Mandates as Environmental Regulation
Bradley C. Karkkainen
17. The Law of Environmental Planning
Dave Owen
18. Motivating without Mandates? The Role of Voluntary Programs in Environmental Governance
Cary Coglianese and Jennifer Nash
19. Private Environmental Governance
Sarah E. Light and Michael P. Vandenbergh
20. Cost-Benefit Analysis
Amy Sinden
21. The National Environmental Policy Act
Daniel R. Mandelker
22. Climate Change and Environmental Impact Assessment
Jessica Anne Wentz
23. Public Participation in Environmental Decision Making
William Murray Tabb
24. Environmental Justice
LeRoy C. Paddock
25. Environmental permits: origins and nature, and recent tendencies
Geert Van Hoorick
26. Federalism, Delegated Permitting and Enforcement
William L. Andreen
27. Internal Administrative Appeals of Governmental Decisions on the Environment
Randolph L. Hill, Michelle A. Wenisch and Suzanne B. Krolikowski
28. Standing and Related Doctrines
Bradford C. Mank
29. Judicial Review of Agency Statutory Interpretations in Environmental Law
Heather Elliott
30. Judicial Review of Agency Environmental Decision Making
Emily Hammond
31. Citizen Enforcement
Karl S. Coplan
32. Public Intervenors and Public Funding in Environmental Decision Making
Nicholas S. Bryner
33. Are International Courts the Best Adjudicators of Environmental Disputes?
Itzchak E. Kornfeld
34. Environmental Courts and Tribunals
George (Rock) Pring and Catherine (Kitty) Pring
Index
