Download out of bounds and out of control regulatory enforcement at the epa in pdf or read out of bounds and out of control regulatory enforcement at the epa in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get out of bounds and out of control regulatory enforcement at the epa in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



Out Of Bounds And Out Of Control

Author: James V. DeLong
Publisher: Cato Institute
ISBN: 1933995831
Size: 31.63 MB
Format: PDF, ePub, Mobi
View: 5210
Download and Read
Out of Bounds, Out of Control measures the enforcement activities of the Environmental Protection Agency against that standard and finds them disturbingly deficient. Environmental regulation is so detailed and obscure that no one can identify all relevant mandates, let alone ensure compliance. EPA maintains broad discretion to define legal violations and resists any checks. Discretion is exercised retroactively or arbitrarily. People fear to dispute the agency's interpretation of its power or express doubts about the absolute primacy of its mission lest they be made into examples. The concept of "intent" has become so attenuated that it provides no limitation on prosecution. The EPA also blurs the lines separating governmental powers. Using its open-ended authority to "interpret" vague statutes, it makes the laws that define its own powers, then investigates, prosecutes, adjudicates, and penalizes. Judicial checks are sporadic. This panoply of authority breeds regulatory zealotry and a disregard for the rights of the regulated. The book, however, is more than a sobering look at a legal theory. In story after story specific regulatory abuses are examined, many of which are positively Kafkaesque. Moreover, many of the problems documented in the book are pandemic across the government. The ultimate lesson to be drawn is that deep structural reform is needed to restore the rule of law to administrative agencies.

Environmental Protection

Author: Robert L. Glicksman
Publisher: Aspen Law & Business
ISBN:
Size: 38.42 MB
Format: PDF, Docs
View: 2486
Download and Read
The new edition of this highly respected casebook continues to provide an exceptionally cohesive interdisciplinary overview of the fundamental issues of environmental law. From history and theory to litigation, regulation, and policy, the authors provide a seamless blend of enlightening and engaging material.If you have not used Environmental Protection: Law and Policy, be sure to consider its many strengths: - a thorough and nuanced treatment of the history of Environmental Protection, existing laws and regulations, and current and developing policy objectives - lightly edited cases, ranging from old standards to those on the cutting edge, to allow in-depth treatment of topics - a distinguished author team, with extensive practical, scholarly, and teaching experience - broad-based, international, and interdisciplinary approach that incorporates the three major sources of environmentalism: science, economics, and ethics - plentiful learning aids, including detailed explanatory text supported by cases; accessible notes offering basic information as well as alternative and supplementary perspectives; supporting charts and other graphics; summaries of major regulatory acts; and numerous exercises and problemsScrupulously revised and updated, the Fourth Edition offers much new material: - citations to recent literature - new Supreme Court cases, including Friends of Earth, Inc. v. Laidlaw Envvtl. Ser. (TOC), (standing under the Clean Water Act's citizen suit provision), Buckhannon Board & Care Home v. West Va. D.H.H.R., (recovery of attorney's fees), FDA v. Brown & Williamson, (resorting to statutory context), and Whitman v. American Trucking, (rejection of anon-delegation challenge to the Clean Air Act) - Mead on judicial review of statutory interpretation and Harmon, the landmark Eighth Circuit Court decision holding the EPA lacks the power to overfile under RCRA - major new ESA litigation, such as Gibbs v. Babbitt and Defenders of Wildlife v. Bernal, plus additional coverage of 1999 CERCLA amendments and proposals to limit cost liability - additional summaries of cases, acts, and laws; charts, graphs, and illustrations; a glossary of key terms; and a list of acronyms, all provided to heighten accessibility of new and existing materialsNo area of study is as well suited for the interdisciplinary approach as environmental law, and Glicksman, Markell, Mandelker, Tarlock and Anderson are the masters of the method. Examine a copy of Environmental Protection: Law and Policy, Fourth Edition, and see for yourself why this pioneering casebook is still unmatched for intellectual breadth and depth.

Commons Ignorance

Author: Wendy Elizabeth Wagner
Publisher: Vandeplas Pub
ISBN:
Size: 79.48 MB
Format: PDF
View: 3367
Download and Read
Vandeplas Publishing: Environmental Law Series 1: One of the most significant problems facing environmental law is the dearth of scientific information available to assess the impact of industrial activities on public health and the environment. After documenting the significant gaps in existing information, this book argues that existing laws both exacerbate and perpetuate this problem. By failing to require actors to assess the potential harm from their activities, and by penalizing them with additional regulation when they do, existing laws fail to counteract actors' natural inclination to remain silent about the harms that they might be causing. Both theory and practice confirm that when the stakes are high, actors not only will resist producing potentially incriminating information but will invest in discrediting public research that suggests their activities are harmful. The book concludes with specific recommendations about how these perverse incentives for ignorance can be reversed. About the author: Professor Wendy Wagner is a leading authority on the use of science by environmental policy-makers. She received a Masters of Environmental Studies in 1984 and her law degree in 1987, both from Yale, where she was Senior Editor of the Yale Law Journal and Managing Editor of the Yale Journal of Regulation. Before entering teaching, she practiced for four years, first as an Honors Attorney in the Enforcement Division of the Department of Justice's Environment and Natural Resources Division, and then as Pollution Control Coordinator with the Department of Agriculture's Office of the General Counsel. Prior to joining the faculty at the University of Texas, Professor Wagner taught at Case Western Law School, where she established herself as a prolific scholar. Among her many articles, "The Science Charade in Toxic Risk Regulation" (Columbia Law Review, 1995) was chosen as one of the best environmental law articles of the year and reprinted in the Land Use and Environmental Law Review. Professor Wagner was also a visiting professor at Columbia and Vanderbilt Law Schools. She currently serves on the National Research Council's Committee on the Selection and Use of Models in the Regulatory Decision Process and on the Council of the Administrative and Regulatory Law Section of the American Bar Association. Professor Wagner is also a member scholar of the Center for Progressive Reform.

Encyclopedia Of Global Resources

Author: Craig W. Allin
Publisher: Salem Pr Inc
ISBN:
Size: 26.54 MB
Format: PDF, Mobi
View: 497
Download and Read
The topic of our natural resources has become an important issue over the last few years. The abundance of some (and scarcity of others) has sparked many a debate. The four volumes in this set discuss not only the aspects of the resources themselves, but their economic and social impact as well. Plus, complimentary online access is provided through Salem Science.

Regulators Gone Wild

Author: Rich Trzupek
Publisher: Encounter Books
ISBN: 1594035458
Size: 19.14 MB
Format: PDF, Mobi
View: 3742
Download and Read
Rich Trzupek has spent over 25 years engaged in combat with the environmental movement on the front lines, helping America’s industrial sector defend itself against the increasingly aggressive tactics that environmental advocacy groups and their allies in the Environmental Protection Agency employ. In Regulators Gone Wild Trzupek lays out the inside story that describes the way the green/big government alliance has combined to stifle American productivity and hamstring American innovation, not by design, but as the inevitable consequence of pursuing a utopian vision of environmental purity that can never, ever be realized. As a respected scientist and consultant, Rich Trzupek has been employed by some of America’s largest corporations and by some of its smallest, most innovative entrepreneurs. Those experiences have provided him with a unique perspective. While many of his colleagues in the industrial consulting community only consider the short-term profit opportunities that an overly aggressive EPA provides them, Trzupek takes a longer view. If the EPA continues to hamstring America’s ability to create wealth, everyone loses. When it comes to today’s environmental issues, most of the public’s attention is focused on the issue of “climate change” and initiatives to reduce fossil fuel use and greenhouse gas emissions. As a climate change skeptic, Trzupek argues against these measures, but he sees the rise of this issue as another inevitable step in a progression that spans four decades during which the green movement has continually sought new ways to control industry and the EPA has always happily obliged them. Attempts to restrict America’s use of cheap, plentiful coal and stop oil exploration are just the latest examples of regulators gone wild.

Property Matters

Author: James V. DeLong
Publisher: Simon and Schuster
ISBN: 0684874377
Size: 40.93 MB
Format: PDF, Mobi
View: 6612
Download and Read
Which matters more--spotted owls or the right to cut timber on your own land? Who has a greater right to the water of the Colorado River--California farmers, Denver housewives, or whitewater rafters? The vitally important right to property--from land to copyrights--is threatened by overzealous bureaucrats, ecological extremists, and an arbitrary judiciary.