Environmental Protection Through Public And Private Development Controls

This comprehensive overview of US environmental regulation?from the inception of the EPA through the current Bush administration?goes beyond traditional texts to consider alternatives to the existing regulatory regime, as well as the challenges posed by the global nature of environmental issues.Thoughtful and even-handed, Governing the Environment covers the full range of topics relevant to our understanding of current environmental policy. Clear, concise chapters move from the context of environmental policy to regulatory design, reform efforts, and notable private-sector innovations.In the process, the author argues that we?ve taken conventional environmental regulation as far as we can go?that we need to look for alternative ways of governing the environment, involving corporations that have expertise in the areas of technology, products, and markets. But, he cautions, there must be a careful integration of private-sector initiatives and public regulation.A notable feature of the text is an examination of the difficulties inherent in managing global environmental problems. Exploring recent efforts toward global environmental governance in the face of competing economic demands, the final section considers the ways in which a system of governance might compensate for the lack of effective international regulatory institutions.Marc Allen Eisner is Henry Merritt Wriston Chair of Public Policy in the Government Department at Wesleyan University. His publications include Antitrust and the Triumph of Economics and Contemporary Regulatory Policy, 2nd Edition.Contents: Environmental Protection and Governance: An Introduction. Environmental Policy and Politics. A Primer on Environmental Protection. The Environmental Policy Subsystem. The Evolution of Regulatory Design and Reform. Regulatory Design and Performance. Regulatory Reform or Reversal. Reinventing Regulation: Flexibility in an Iron Cage. Voluntarism and the End of Reform. The Emerging System of Green Governance. From Greed to Green: Corporate Environmentalism and Management. Green by Association: Code- and Standards-Based Self-Regulation. Public-Private Hybrids and Environmental Governance. Regulating the Global Commons from the Bottom Up. Beyond the Tragedy of the Global Commons. From Montreal to Kyoto. Sustainable Development: Managing the Unmanageable. Conclusion. Green Governance and the Future of Environmental Protection.

Judicial Review of Government Decisions; Judicial Role in Environmental Law; National Environmental Policy Act; Federalism and the Environment; Scope of Federal Power; Commerce Clause Restrictions on State Power; Federal Preemption; Pollution Control; Common Law Remedies; Regulation Under the Clean Air Act; Regulation Under the Clean Water Act; Economic Incentives for Environmental Protection; Risk Management and Scientific Uncertainty; Introduction to Risk Assessment and Risk Management; Judicial Views Concerning Management of Uncertain Risks; Control of Toxic Substances; Regulating the Sale of Toxic Substances; Toxic Substances Under the General Pollution Statutes; Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation and Liability Act; Common Law Remedies; Preservation of Natural Areas; Preservation as a Goal; Restrictions on Development of Private Land; Protecting Coastal Waters; Protecting of Public Lands; Preserving Endangered Species.

An analysis of the development of US water pollution laws, showing how legal processes and social relations interact as the state struggles to reconcile contradictory responsibilities.