Beyond Backyard Environmentalism

"When we think of environmental action, we draw upon images from the disaster of Love Canal or from A Civil Action - stories of lone activists fighting the government or some corporation against all odds. In their provocative essay, Sabel, Fung, and Karkkainen demonstrate that an effective alternative is emerging. Before environmental disasters occur, citizen groups are collaborating with experts, business leaders, and local and federal governments to figure out what is best for their own neighborhoods. These examples point to more than successful environmental action: they represent a model of grassroots democracy that can be applied to the needs of any community"--Back cover.

Many businesses profess to be voluntarily taking steps to protect the environment, and going beyond compliance with environmental regulations to do so. Kurt Strasser evaluates these claims in this timely and cuttingedge inquiry.

On November 1 and 2, 2002, the University of Minnesota Law School and the University of Minnesota''s Consortium on Law and Values in Health, Environment, and the Life Sciences sponsored a symposium in honor of Professor Daniel A. Farber's contributions to environmental law. The resulting symposium, The Pragmatic Ecologist: Environmental Protection as a Jurisdynamic Experience, was published in volume 87 of the Minnesota Law Review. The Environmental Law Institute has now combined the proceedings of The Pragmatic Ecologist with additional contributions from many other leading scholars.

New approaches to governance have attracted significant scholarly attention in recent years. Commentators on both sides of the Atlantic have identified, charted and evaluated the rise and spread of forms of governance, forms which seem to differ from previous regulatory and legal paradigms. In Europe, the emergence of the Open Method of Coordination has provided a focal point for new governance studies. In the US, scholarship on issues such as collaborative problem-solving, democratic experimentalism, and problem-solving courts exemplify the interest in similar developments. This book covers diverse policy sectors and subjects, including the environment, education, anti-discrimination, food safety and many others. While some chapters concentrate on the operation of new governance mechanisms in a federal and multilevel context and others look at the relationship between public and private mechanisms and settings, what all the contributors share in common is the pursuit of effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law and constitutionalism, and of legal and constitutional values.

Examining the relationship between law, environmental governance and the regulation of decision-making, this volume, both reflective and contextual in approach, uses a wide range of theories to explore the key features of modern environmental assessment.

This title was first published in 2002. Since the importance of environmental governance was realised in the late 1960s and early 1970s, this vibrant area of law has witnessed much change. Assembling insightful essays from a number of key contributors, Environmental Law takes stock of developments to date and outlines the challenges for the future.

John Dryzek provides an accessible introduction to thinking about the environment by looking at the way people use language on environmental issues. He analyses the main discourses from the last 30 years and those likely to be influential in future.

An updated investigation of alternate pathways for American environmental policymaking made necessary by legislative gridlock. The “golden era” of American environmental lawmaking in the 1960s and 1970s saw twenty-two pieces of major environmental legislation (including the Clean Air Act, the Clean Water Act, and the Endangered Species Act) passed by bipartisan majorities in Congress and signed into law by presidents of both parties. But since then partisanship, the dramatic movement of Republicans to the right, and political brinksmanship have led to legislative gridlock on environmental issues. In this book, Christopher Klyza and David Sousa argue that the longstanding legislative stalemate at the national level has forced environmental policymaking onto other pathways. Klyza and Sousa identify and analyze five alternative policy paths, which they illustrate with case studies from 1990 to the present: “appropriations politics” in Congress; executive authority; the role of the courts; “next-generation” collaborative experiments; and policymaking at the state and local levels. This updated edition features a new chapter discussing environmental policy developments from 2006 to 2012, including intensifying partisanship on the environment, the failure of Congress to pass climate legislation, the ramifications of Massachusetts v. EPA, and other Obama administration executive actions (some of which have reversed Bush administration executive actions). Yet, they argue, despite legislative gridlock, the legacy of 1960s and 1970s policies has created an enduring “green state” rooted in statutes, bureaucratic routines, and public expectations.