Environmental Law for Engineers and Geoscientists

Environmental Law for Engineers and Geoscientists

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ISBN 9781566705752
Cat# L1575
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Features

Provides a background in the American legal system and environmental law

Discusses important regulations and cases in the areas of air pollution, water pollution, and hazardous site and mine site remedial work

Contains a chapter on effective expert witnessing, admissible evidence, and testimony

Covers the latest environmental case decisions and changes in environmental law

Examines and analyzes over 100 environmental court cases

Presents the expertise of a mining and geological engineer who is also a practicing attorney

An ideal textbook for institutions educating and training engineers and geoscientists

Summary

Today’s engineering and geoscience student needs to know more than how to design a new or remedial project or facility. Questions of law and ambiguities of terms often occur in contracts for mining, landfills, site reclamation, waste depositories, clean up sites, land leases, operating agreements, joint ventures, and other projects. Work place situations arise where environmental compliance methods are challenged by enforcement agencies. Although the statutes, rules, and regulations may seem to be worded clearly and specifically, there are often questions in application and sometimes varied interpretations.

Environmental Law for Engineers and Geoscientists introduces simplified American jurisprudence focusing on the legal system, its courts, terms, phrases, administrative law, and regulation by the agencies that administer environmental law. The book comprehensively covers the “big five” environmental statutes: NEPA, CAA, CWA, CERCLA, and RCRA. With the basic law chapter as a foundation, the book covers the practical applications of environmental law for geo-engineers. It concludes with a chapter on the growing area of expert witnessing and admissible evidence in environmental litigation — an area of law where success or failure increasingly depends on the exacting preparation and presentation of expert scientific evidence.

Written by a professional mining and geological engineer and a practicing attorney, Environmental Law for Engineers and Geoscientists prepares students for the numerous environmental regulatory encounters they can expect when dealing with various statutes, laws, regulations, and agency rules that govern, affect, and apply to environmental engineering projects. It provides a working knowledge of how to judge whether or not a project is in compliance with regulations, and how to ensure that it is.

Table of Contents

Contents
List of Cases
List of Commonly Used Abbreviations and Acronyms
Introduction to Environmental Law
Need for a National Environmental Protection Policy
Basic Law for Engineers and Geoscientists
General Orientation to American Jurisprudence
Divisions of Law
General Requirements for Filing a Civil Court Action
Briefs
National Environmental Policy Act
National Environmental Policy Act — An Environmental Protection Beginning
Early Testing of NEPA by Trial
Air Pollution and the Clean Air Act
Need for Air Pollution Control
Clean Air Act — 1970
CAA Amendments— 1990
CAA Legislative and Litigation Updates — 1990-2001
Water Pollution and the Clean Water Act
Introduction — Historical Comment on Water Pollution
Brief Review of Man’s Water Pollution vs. Nature’s Treatment Process
Early Remedies at Law for Water Pollution
Polluted Waters — Health Hazard — Wastewater Treatment
Evolution of Water Pollution Regulation
Sources of Water Pollution
Effluent Discharge Control Under the Clean Water Act
CWA Legislative and Litigation Updates — 1990-2000
Other Important and Miscellaneous Environmental Statutes in a “Nutshell”
Toxic Substances Control
Updates on Litigation of Solid Waste Disposal — 1999-2000
The Resource Conservation and Recovery Act — 1976, and as Amended —1984, 1986
Comprehensive Environmental Response Compensation and Liability Act — 1980, (Superfund); Superfund Amendment and Reauthorization Act (SARA) — 1986
Water Pollution by Abandoned Mine Sites; Acid Mine Drainage; Mined Land Reclamation
Introduction
Statutory Treatment of Water Pollution by Acid Mine Drainage (AMD)
Examples of AMD Source Point Abandoned Hardrock Mine and Mill Sites Litigated under CERCLA, SARA, and CWA
Example of a Non-CERCLA AMD Common Law Damage Claim Suit
Geoscientific and Engineering Expert Witnessing and Admissible Scientific Evidence
Introduction
A Brief History of Scientific “Expert Witnessing” in the Unites States
“Daubert” Period — 1993 to Date (1999)
Partial Clarification of Daubert in the 1997 Joiner Case
Kumho Tire Co., Ltd, v. Carmichael — 1999 — Further Refinement of Daubert’s Requirements for Expert Opinions
Examples of Exclusion and Admissibility of Expert Opinions in Environmental Cost Recovery Suit Challenges
An Expert Geoscientific Witness Case — An Example of Inadmissible Geological Expert Testimony
Conclusions
A Few Pointers for Being a Successful Geoscientific Expert Witness in Court
False Statements
An Example Case Employing Numerous Expert Witnesses
Update on Recent Expert Witnessing Cases
Appendix A: Iron Mountain Mine Site, Further Detailed Description
Appendix B: A very Simplified Environmental Guide for Starting a Mining Operation, or for a Takeover of a Mining Operation, or For a Takeover of a Mining Operation
References

Editorial Reviews

"Robert Lee Aston's eight university degrees, earned over the course of more than 50 years, have given him an incredibly broad and deep  background in both engineering and the law. His curriculum vitae is relevant because Environmental Law for Engineers and Geoscientists can benefit not only engineering and science students in need of some legal background, but also lawyers entering environmental law practice. … With detailed explanations, background, and analysis, along with an abundance of citations of actual cases, Environmental Law for Engineers and Geoscientists covers as much as one could hope for in a single text on such a huge topic…"
Civil Engineering, September 2002
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"Being an engineer whose major contact with the law has been as an expert witness … I very much would have liked to have the opportunity of taking a course of this title, specially if taught by the author"
—G. F. Bennett, Journal of Hazardous Material, Vol. 93, July 2002

 
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