The Common Law and the Environment: Rethinking the Statutory Basis for Modern Environmental Law
Roger E. Meiners, Andrew P. Morriss
Rowman & Littlefield, 2000 - Law - 279 pages
Since 1970, when the Clean Air Act was passed and the Environmental Protection Agency was created, the primary means for addressing environmental problems in the U.S. has been through comprehensive federal statutes and detailed regulations. Evaluating almost three decades of experience with the Clean Air Act, Superfund, the Clean Water Act, the Endangered Species Act, and other major federal environmental statutes, the contributors to this volume question the effectiveness and impact of the legal regime that created these regulations. While most studies of environmental policy paint a picture of improvement through government initiatives, these essays argue the contrary. Pointing to Cleveland's burning river, the death of Lake Erie, smog in Los Angeles, and Love Canal, the contributors demonstrate that command-and-control regulation of the environment has not delivered the great improvements in environmental quality as promised. The Common Law and the Environment offers principles for a new approach to protecting the environment and looks to evidence of the successes of alternative legal systems to address significant problems.
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Protecting the Environment in the Spirit of the Common Law
The Environment under the Common Law
Empirical Evidence Regarding the Role of Nationalization in Improving US Air Quality
Burning Rivers Common Law and Institutional Choice for Water Quality
Protecting English and Welsh Rivers The Role of the Anglers Conservation Association
The Institutions of the Common Law
The Institution of Property
Lessons for Environmental Law from the American Codification Debate
Federalism and the Environment
Perspectives on the Shift away from the Common Law
Industry and Environmental Lobbyists Enemies or Allies?
On the Commons and the Common Law
On Being Regulated in Foresight versus Being Judged in Hindsight
About the Political Economy Forum and the Authors
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