out of bounds and out of control regulatory enforcement at the epa

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Out Of Bounds And Out Of Control

Author : James V. DeLong
ISBN : 9781933995830
Genre : Political Science
File Size : 66. 67 MB
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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.

Out Of Bounds Out Of Control

Author : James V. DeLong
ISBN : 1930865295
Genre : Political Science
File Size : 45. 95 MB
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Does the EPA comply with the basic principles embodied in the phrase the rule of law. James DeLong says they do not. This book should frighten all who believe in the democratic process.

Saving Our Environment From Washington

Author : David Schoenbrod
ISBN : 0300128916
Genre : Nature
File Size : 49. 23 MB
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Congress empowered the Environmental Protection Agency on the theory that only a national agency that is insulated from accountability to voters could produce the scientifically grounded pollution rules needed to save a careless public from its own filth. In this provocative book, David Schoenbrod explains how his experience as an environmental advocate brought him to this startling realization: letting EPA dictate to the nation is a mistake. Through a series of gripping and illuminating anecdotes from his own career, the author reveals the EPA to be an agency that, under Democrats and Republicans alike, delays good rules, imposes bad ones, and is so big, muscle-bound, and remote that it does unnecessary damage to our society. EPA stays in power, he says, because it enables elected legislators to evade responsibility by hiding behind appointed bureaucrats. The best environmental rules—those that have done the most good—have come when Congress had to take responsibility or from states and localities rather than the EPA. With the passion of an authentic environmentalist, Schoenbrod makes a sensible plea for “bottom-up” environmental protection now. The responsibility for pollution control belongs not in agencies but in legislatures, and usually not at the federal level but rather closer to home.

Green Politics

Author : Dustin Mulvaney
ISBN : 9781412996792
Genre : Political Science
File Size : 33. 7 MB
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From A-to-Z, the politics of these and similar "green" issues are thoroughly explored via 150 signed entries.

Environmental Protection

Author : Robert L. Glicksman
ISBN : STANFORD:36105063634732
Genre : Law
File Size : 57. 47 MB
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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.

Journal Of Economic Literature

Author :
ISBN : UCSD:31822033812678
Genre : Economics
File Size : 66. 12 MB
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Forest History Today

Author :
ISBN : MINN:31951P008505974
Genre : Forests and forestry
File Size : 49. 6 MB
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The New Republic

Author : Herbert David Croly
ISBN : UCSD:31822032030041
Genre : Political science
File Size : 46. 37 MB
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Encyclopedia Of Global Resources

Author : Craig W. Allin
ISBN : PSU:000068284800
Genre : Nature
File Size : 43. 27 MB
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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.

Book Review Digest

Author : H.W. Wilson Company
ISBN : UOM:39015057977368
Genre : Books
File Size : 77. 65 MB
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