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The Endangered Species Act and Federalism

The Endangered Species Act and Federalism Author Kaush Arha
ISBN-10 9781136522208
Release 2012-05-23
Pages 320
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States today play a major role in implementing and enforcing environmental laws such as the Clean Air Act, Clean Water Act, and the Resource Conservation and Recovery Act. A thirty year review of ESA identified state leadership in species conservation as a necessary element in better conserving the nations imperiled species, yet the theoretical and practical reasons and applications of an enhanced state role are little understood and have not been subjected to any meaningful analysis. This book, for the first time, presents the legal and policy analysis for federalism considerations in implementing ESA. The book undertakes a comprehensive analysis of the economic rationale for federalism in ESA administration; compares administration of ESA to other major environmental statutes; reviews various tools under the existing Act to enhance state role in species conservation; evaluates major case studies to determine roles the state can play in species conservation and recovery; and concludes with policy recommendations to encourage greater state involvement in species conservation.



Environmental federalism

Environmental federalism Author Terry Lee Anderson
ISBN-10 UOM:39015040579099
Release 1997-01
Pages 283
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For over a quarter century, the federal government has been the primary determinant of environmental regulation and policy. The contributors to this volume provide a wide variety of strategies to challenge Washington's unsophisticated, ineffective, and harmful approaches. The original essays demonstrate how states can improve environmental regulations as they apply to land, water, wildlife, and pesticides, and they provide a general framework for how states can regain control of their environmental destiny. Important reading for anyone interested in environmental policy studies.



Rebuilding the Ark

Rebuilding the Ark Author Jonathan Adler
ISBN-10 9780844743936
Release 2011-06-16
Pages 260
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The Endangered Species Act (ESA) may be the most powerful environmental law in the United States. Enacted in 1973, the ESA prohibits any actions that may cause harm to endangered plants and animals or the ecosystems upon which they depend. But although more than 1,200 species are protected under the Act, most remain in peril. The ESA may have saved some species from the brink of extinction, but there is little evidence it is working as intended to recover endangered and threatened species. In some cases, the Act's extensive regulatory requirements may actually discourage conservation efforts. In Rebuilding the Ark: New Perspectives on Endangered Species Act Reform, Jonathan H. Adler leads a group of environmental law experts in evaluating the ESA's successes and failures and exploring multiple avenues for reform. The authors examine methods for incentivizing conservation on private land and water, for revising and standardizing the ESA's regulatory framework, and for increasing transparency, accountability, and public participation in the Fish and Wildlife Service and other conservation agencies. Rebuilding the Ark also considers how the Act should be reformed to address the threat of climate change, and how ESA reform in the United States may affect species conservation overseas. The Endangered Species Act has not been altered for over twenty-five years. Debates over ESA reform are often contentious and hampered by partisan infighting and pressure from interest groups. But reform is crucial if we are to achieve the ESA's ambitious goals and conserve the world's endangered plants and animals. Rebuilding the Ark is a valuable resource for policymakers, conservationists, business owners, and concerned citizens alike.



Federalism and the Environment

Federalism and the Environment Author Kenneth M. Holland
ISBN-10 0313294305
Release 1996-01-01
Pages 231
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Provides a comprehensive examination of the legal framework in which environmental policy is fashioned in the major English-speaking federations.



The Rules of Federalism

The Rules of Federalism Author R. Daniel. KELEMEN
ISBN-10 9780674039421
Release 2009-06-30
Pages 256
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This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School



Regulating Wetlands Protection

Regulating Wetlands Protection Author Ronald Keith Gaddie
ISBN-10 0791443493
Release 2000
Pages 155
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Wetlands are a valuable natural resource, yet over 200,000 acres are destroyed in the United States per year. This book examines whether states should assume the role of protecting wetlands rather than the federal government.



Environmental Protection

Environmental Protection Author
ISBN-10 STANFORD:36105060435257
Release 1999
Pages 1175
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If you're ready to tackle the fundanmental questions surrounding modern environmental law, this comprehensive revision of the classic casebook is your ideal teaching tool. In ENVIRONMENTAL PROTECTION: Law and Policy, Third Edition, The authors closely examine the premise that environmental law has progressed from an anti-pollution, and anti-public works movement to a more established perspective that influences all decisions on the use of natural resources. ENVIRONMENTAL PROTECTION: Law and Policy, leads students to a deep understanding of the legal, policy, and regulatory aspects, one step at a time by: Opening the book with two cases that raise basic issues - 'What is environmentalism?' and 'What are the sources of environmental law/' - that immediately show the relevance of the interdisciplinary material. Advancing the discussion with a blend of foundational cases And The latest court decisions to explore important topics. Offering more accessible notes that present basic information about the purpose of regulatory programs and also provide alternative and supplementary perspectives on the principle cases. Integrating domestic and international environmental law to show how U.S. law has shaped international law and how evolving international norms are influencing U.S. law. Drawing interdisciplinary materials from the three major sources of environmentalism - science, ethics, and economics - convey the underpinnings of environmental law a well as their limits. Asking pointed questions so students can develop their own perspectives on the pros and cons of various policy instruments. Incorporating charts and graphics throughout the book for more engaging discussions and greater accessibility. The authors cover all the traditional course topics, including: the extent to which environmental law builds on the common law of torts the changing nature of regulatory programs, with separate chapters on the Clean Water And The Clean Air Acts They also incorporate new material on: emissions trading global climate change efforts to reduce automobile usage sustainable development biiodiversity protection environmental justice pollution prevention greater individual-consumer responsibility for environmental protection endangered species the tension between biodiversity protection And The protection of private property enforcement issues



Inside the Equal Access to Justice Act

Inside the Equal Access to Justice Act Author Lowell E. Baier
ISBN-10 9781442257450
Release 2015-12-17
Pages 664
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Next Generation INDIE Book Awards Grand Prize Winner, Best Non-Fiction Book in 2017; and Winner in the Science/Nature/Environment category Finalist for Foreword INDIES Book of the Year Awards in Ecology and Environment In this book, Lowell E. Baier, one of America’s preeminent experts on environmental litigation, chronicles the century-long story of Americas’ resources management, focusing on litigations, citizen suit provisions, and attorneys’ fees. He provides the first book-length comprehensive examination of the little-known Equal Access to Justice Act (EAJA) and its role in environmental litigation. Originally intended to support veterans, the disabled and small business, EAJA, Baier argues, now paralyzes America’s public land management agencies. Baier introduces readers to the history of EAJA, examines the many beneficiaries of the law, describes in depth 20 of the most prominent litigious environmental groups in America, and recommends carefully tailored amendments to the EAJA to correct environmental abuses of the law while protecting legitimate interests. Inside the Equal Access to Justice Act will be a valuable resource for the environmental legal community, environmentalists, practitioners at all levels of government, and all readers interested in environmental policy and the rise of the administrative state.



Balancing on the Brink of Extinction

Balancing on the Brink of Extinction Author Kathryn A. Kohm
ISBN-10 9781597269209
Release 1990-12-01
Pages 329
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Balancing on the Brink of Extinction presents a comprehensive overview of the Endangered Species Act -- its conception, history, and potential for protecting the remaining endangered species.



Federalism and Regional Development

Federalism and Regional Development Author George Walter Hoffman
ISBN-10 0292738250
Release 1981
Pages 754
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Federalism and Regional Development has been writing in one form or another for most of life. You can find so many inspiration from Federalism and Regional Development also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Federalism and Regional Development book for free.



American Indian Law

American Indian Law Author Carole E. Goldberg
ISBN-10 1632809672
Release 2015-08-01
Pages 1324
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American Indian Law has been writing in one form or another for most of life. You can find so many inspiration from American Indian Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full American Indian Law book for free.



Endangered Species Act

Endangered Species Act Author Donald C. Baur
ISBN-10 1604425806
Release 2010
Pages 435
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"As Secretary of the Interior, implementing the Endangered Species Act was one of my most important, and challenging, responsibilities. All who deal with this complex and critical law need a clear and comprehensive guide to its provisions, interpretation, and implementation. With chapters written by some of the foremost practitioners in the field, the new edition of Endangered Species Act: Law, Policy, and Perspectives is an essential reference for conservationists and the regulated community and the attorneys who represent them."---Bruce Babbbitt, former Secretary of the Interior "In January 1973, when i introduced in Congress the bill that would become the Endangered Species Act, I described it as one of the most important pieces of legislation needed if we were to conserve, protect, and propagate our thereatened fish and our wildlife resources, which were diminishing too rapidly. I am proud to have introduced the original bill and even prouder that, in the ensuing years, the Endangered Species Act has saved hundreds of species from extinction. We have learned much along the way about the conservation of endangered species, the needs of the regulated community, and how the Endangered Species Act can successfully reconcile the two. It is important that we have a comprehensive understanding of the problems and potential of this landmark law."---John D. Dingell, U.S. House of Representatives, Michigan "Possibly the single most effective legislative effort of modern times to ensure that our children and grandchildren can enjoy the blessings of nature that were passed on to our generation was the enactment of the landmark Endangered Species Act (ESA) in 1973. The ESA has allowed the United States to make great advances in protecting the web of life that enables the intricate coexistence of man, plant, and animal. In my role as Chairman of the House Committee on Natural Resources, I recognize the role of the Endangered Species Act in helping us to fulfill our stewardship responsibilities while balancing local concerns and economic needs. Understanding how the ESA works is essential to its continued success."---Nick J. Rahall, II, U.S. House of Representatives, West Virginia "After a lifetime of studying, writing about, and being amazed by the diversity of life, I remain convinced that failing to do everything we can to protect it is the folly future generations are least likely to forgive us. The Endangered Species Act is one of the most far-sighted and important laws ever adopted. A thorough understanding of how the law works, the major policy issues surrounding it, and how to resolve those issues will ensure the law's continued success in protecting biodiversity. Endangered Species Act: Law, Policy, and Perspectives provides readers with the needed insight to this critically important law."---Edward O. Wilson, University Research Professor Emeritus at Harvard University and Honorary Curator in Entomology at the Museum of Comparative Zoology



Federalism in the Forest

Federalism in the Forest Author Tomas M. Koontz
ISBN-10 1589013220
Release 2002-08-06
Pages 248
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A love for nature and the forest drew Tomas Koontz to develop a keen interest in the workings of public forest management and forest policy. Beyond policy, however, this book is also about the very human issues of federalism, decentralization of control over public lands, citizen participation, and how agency policies, both state and federal, are formulated and exercised. Federalism in the Forest is the first book to examine and compare public policy performance across both state and national levels, explaining why state agencies excel at economic outputs and profitability, the management of land with state income in mind-while national agencies are stronger in citizen participation and the inarguably important role of environmental protection. Instead of focusing on historical development of federal-state roles or on state officials as affected by national polices, Koontz shows how officials, when given authority, both make and implement policy at the state versus the national level. Although arguments fly about the decentralization of public lands-most often based on ideology-Koontz offers empirical evidence that demonstrates not only that devolution matters, but how.



Navigating Climate Change Policy

Navigating Climate Change Policy Author Edella Schlager
ISBN-10 0816530009
Release 2011
Pages 276
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This timely volume challenges the notion that because climate change is inherently a global problem, only coordinated actions on a global scale can lead to a solution. It considers the perspective that since climate change itself has both global and local causes and implications, the most effective policies for adapting to and mitigating climate change must involve governments and communities at many different levels. Federalism—the system of government in which power is divided among a national government and state and regional governments—is well-suited to address the challenges of climate change because it permits distinctive policy responses at a variety of scales. The chapters in this book explore questions such as what are appropriate relationships between states, tribes, and the federal government as each actively pursues climate-change policies? How much leeway should states have in designing and implementing climate-change policies, and how extensively should the federal government exercise its preemption powers to constrain state activity? What climate-change strategies are states best suited to pursue, and what role, if any, will regional state-based collaborations and associations play? This book examines these questions from a variety of perspectives, blending legal and policy analyses to provide thought-provoking coverage of how governments in a federal system cooperate, coordinate, and accommodate one another to address this global problem. Navigating Climate Change Policy is an essential resource for policymakers and judges at all levels of government who deal with questions of climate governance. It will also serve as an important addition to the curriculum on climate change and environmental policy in graduate and undergraduate courses and will be of interest to anyone concerned with how the government addresses environmental issues.



Regulatory Federalism

Regulatory Federalism Author R. Daniel Kelemen
ISBN-10 STANFORD:36105025830873
Release 1998
Pages 556
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Regulatory Federalism has been writing in one form or another for most of life. You can find so many inspiration from Regulatory Federalism also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Regulatory Federalism book for free.



Regulatory Takings

Regulatory Takings Author William A. Fischel
ISBN-10 0674753887
Release 1995
Pages 415
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Are rent controls and zoning regulations unconstitutional? Should the Supreme Court strike down the Endangered Species Act when its administration interferes with the use of private property? These questions are currently debated under the doctrine of regulatory takings, and William Fischelâe(tm)s book offers a new perspective on the issue. Regulatory Takings argues that the issue is not so much about the details of property law as it is about the fairness of politics. The book employs jurisprudential theories, economic analysis, historical investigation, and political science to show why local land use regulations, such as zoning and rent control, deserve a higher degree of judicial scrutiny than national regulations. Unlike other books on this topic, Regulatory Takings goes beyond case law to buttress its arguments. Its reality checks range from reviews of statistical evidence to local inquiries about famous takings cases such as Pennsylvania Coal v. Mahon and Lucas v. South Carolina Coastal Commission. The gap between legal theory and on-the-ground practice is one reason that Fischel investigates alternative means of protecting property rights. Local governments are often deterred from unfairly regulating portable assets by their ownersâe(tm) threat of âeoeexitâe from the jurisdiction. State and federal government regulations are disciplined by property-owner coalitions whose âeoevoiceâe is clearly audible in the statehouses and in Congress. Constitutional courts need to preserve their resources for use in areas in which politics is loaded against the property owner. Regulatory Takings advances an economic standard to decide when a local regulation crosses the border from legitimate police power to a taking that requires just compensation for owners who are adversely affected.



Federalism in the crucible

Federalism in the crucible Author Peter W. Sly
ISBN-10 STANFORD:36105043769004
Release 1975
Pages
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Federalism in the crucible has been writing in one form or another for most of life. You can find so many inspiration from Federalism in the crucible also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Federalism in the crucible book for free.