Environmental Law from the Policy Perspective

Environmental Law from the Policy Perspective: Understanding How Legal Frameworks Influence Environmental Problem Solving

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ISBN 9781482203677
Cat# K21327

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Features

  • Distills legal theory in practical terms
  • Discusses what is meant by the term "law," both generally as a stand-alone concept, and also as applied contextually to environmental problems
  • Examines how environmental problems fit within the legal structures of the United States
  • Provides insights into the role of the law in dealing with environmental problems
  • Elucidates the influence of legal frameworks on environmental problems

Summary

Most books on environment law focus on the law first, and then look at how environmental problems are dealt with in relation to the law. Taking a fresh approach, Environmental Law from the Policy Perspective: Understanding How Legal Frameworks Influence Environmental Problem Solving examines environmental problems first, followed by an examination of legal frameworks and how they impact environmental issues. This approach provides a clearer understanding of the relationship between the law and environment by examining environmental issues from an applied perspective.

By first focusing on environmental problems without constraining the analysis to a particular legal framework, this book fosters a more holistic discussion of environmental issues that include scientific, social, economic, and political contexts. It examines how laws affect the adaptation of policy, how policy is legitimized into statutory law, and how the law is impacted in practice. The text then underscores how interpretation of the law affects its application to different factual settings.

Written by an environmental law expert who teaches environmental law to those not trained in legal theory, the book provides insights into the way environmental issues are "ingested" into a legal process. The author demystifies environmental law as a concept by applying it through the lens of environmental problem solving. Once you have a clear picture of the role legal frameworks have in managing environmental issues, you will be able to take a deeper policy-oriented approach to environmental problems.

Table of Contents

Introduction
References

Understanding the Subject Matter
Introduction
The Environment
Environmental Problems
Role of Law in Environmental Problems
Conclusion
References

Legal Frameworks in Environmental Law
Introduction
Types of Law
Hierarchy of Law
Legislative Frameworks
Executive Frameworks
Judicial Frameworks and the Role of Judicial Review
Conclusion
References

Applications of Environmental Law
Introduction
Preventive versus Reactionary Considerations
Planning for Environmental Harm: National Environmental Policy Act (NEPA)
Externalization as the Cause of Environmental Harm: Pollution
Mitigating the Impacts of Environmental Harm: Biodiversity Protection
Environmental Harm and Spatial Considerations: Land Use
Conclusion
References
Index

Author Bio(s)