pt. 1. Perspectives on environmental law: -- The enviromental perspective and a simple case -- Law and economics, uncertainty and risk, in environmental decision-making -- pt. 2. The foundation of environmental law: Traditional common law theories and fundamental issues of remedies and liabilities: -- Environmental torts and remedies: fitting environmental cases into common law theories: -- Toxic torts: beyond the traditional common law setting -- Environmental remedies drawn from other fields of law: corporate law, contracts, and property -- pt. 3. From common law to public law: the structure and power of government: -- The interplay of common law and statues.
The force of the criminal law in environmental cases -- Fundamental environmental rights: federal and state constitutions, and the public trust doctrine -- Public powers and private property rights: constitutional authority -- Environmental issues in the division of authority between federal and state governments -- pt. 4. Environmental statutes and the administrative state, and a taxonomy of environmental statutes: -- The administraative law of environmental law -- NEPA, The National Enviromental Policy Act: a mandatory disclosure and stop and think statute -- Substantive roadblocks: section 7 of the Endangered Species Act of 1973, a stark prohibition statue -- Public resource management statutes -- Traditional review-and-permit process, and a survey of modern standard-setting approaches -- Regulatory control of market access: pesticides and toxics.
Direct legislation of specific pollution standards, and technology-forcing: automobile air pollution -- Administrative standard-setting statutes: The Clean Air Act's harm-based ambient standards -- Administrative standards based on available technology: The Federal Clean Water Act -- Economic incentive and artificial pollution market statutes -- A statutory system for managing and funding environmental remediation: CERCLA (SUPERFUND) -- A composite approach to preventing releases of hazardous wastes: the Resource Conservation and Recovery Act -- Land-use-based enviromental control statutes -- pt. 5. Trends in environmental law: -- ADR: Alternative Dispute Resolution processes in environmental cases -- International environmental law.
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