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Environmental law

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Contents
Scales of justice
Environmental law
 
Theory
Earth jurisprudence
Intergenerational equity
Polluter pays principle
Precautionary principle
Public trust doctrine
Sustainable development
Specific issues
Asbestos
Brownfield land
Illegal logging
Poaching · Unlawful fishing
Mitigation of global warming
International environmental law
Wildlife Enforcement Monitoring System
War and environmental law
Instruments of Environmental policy
Ecotax · Market-based instruments
Environmental impact assessment
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Environmental law is a complex and interlocking body of statutes, common law, treaties, conventions, regulations and policies which, very broadly, operate to regulate the interaction of humanity and the rest of the biophysical or natural environment, toward the purpose of reducing or minimizing the impacts of human activity, both on the natural environment for its own sake, and on humanity itself. Environmental law draws from and is influenced by principles of environmentalism, including ecology, conservation, stewardship, responsibility and sustainability. From an economic perspective it can be understood as concerned with the prevention of present and future externalities.

Areas of concern in environmental law include air quality, water quality, global climate change, agriculture, biodiversity, species protection, pesticides and hazardous chemicals, waste management, remediation of contaminated land and brownfields, smart growth, sustainable development, impact review, and conservation, stewardship and management of public lands and natural resources.

While many countries worldwide have accumulated impressive sets of environmental laws, their implementation has often been woeful. In recent years, environmental law has become seen as a critical means of promoting sustainable development (or "sustainability"). Policy concepts such as the precautionary principle, public participation, environmental justice, and the polluter pays principle have informed many environmental law reforms in this respect (see further Richardson and Wood, 2006). There has been considerable experimentation in the search for more effective methods of environmental control beyond traditional "command-and-control" style regulation. Eco-taxes, emission trading, voluntary standards such as ISO 14000 and negotiated agreements are some of these innovations.[1]

[edit] Education

Environmental law is offered as an elective course in the second and third year of JD study at many American law schools. Some U.S. law schools also offer an LLM or JSD specialization in environmental law. Additionally, several law schools offer legal clinics that focus on environmental law, providing students with an opportunity to learn about environmental law in the context of real world disputes involving actual clients.[2]

The IUCN Academy of Environmental Law[3] is a network of some 60 law schools worldwide that specialise in the research and teaching of environmental law.

U.S. News & World Report has consistently ranked University of Oregon School of Law, Vermont Law School, Lewis & Clark Law School, Pace University School of Law, Tulane University School of Law, and Georgetown University Law Center as among the best Environmental Law programs in the United States.[4] However, the ranking system for environmental law programs is veiled in secrecy and apparently does not consult lawyers for their opinions. The Deans of U.S. law schools have repeatedly issued statements warning against relying on law school ratings, which are produced by a general news magazine with commercial motives.

See also: List of environmental law reviews and journals

[edit] See also

Sister project Wikiversity has learning materials about Juridical national measures on climate change

[edit] References and bibliography

 This article needs additional citations for verification.
Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (May 2008)
  1. ^ Environmental Law overview - Legal Information Institute http://topics.law.cornell.edu/wex/Environmental_law
  2. ^ See, e.g., Adam Babich, The Apolitical Law School Clinic, 11 Clinical L. Rev. 447 (2005).
  3. ^ IUCN Academy of Environmental Law
  4. ^ US News & World Report
 This article includes a list of references, related reading or external links, but its sources remain unclear because it lacks inline citations. Please improve this article by introducing more precise citations where appropriate. (April 2009)
  • Menell, P.S. (ed), Environmental Law (Ashgate Publishing, Burlington, 2003).
  • Clayton, Susan. 2000. Models of justice in the environmental debate. Journal of Social Issues 56 (3): 459 – 474.
  • Croci, E. (ed), The Handbook of Environmental Voluntary Agreements (Springer, New York, 2005).
  • Freeman, J. and Kolstad, C.D. (eds), Moving to Markets in Environmental Regulation (Oxford University Press, New York, 2006).
  • Lans, C. 2007. Politically incorrect and bourgeois: Nariva Swamp is sufficient onto itself. Lulu.com.
  • Richardson, B.J. and S. Wood (eds), Environmental Law for Sustainability (Hart Publishing, Oxford, 2006)
  • Saxe, D., "Environmental Offences: Corporate Responsibility and Executive Liability" (Canada Law Book, Aurora, 1990).
  • Stone, Christopher, D. 1974. Should trees have legal standing? Toward legal rights for natural objects. California: William Kaufman, Inc.

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