Read the assigned text
chapter first and then go through the class topic list and related
links below. Be prepared to be
examined session 10 on any or all of the environmental terms,
concepts and cases below found in chapter 3 or in the section below.
this week's homework, briefly describe (no more than 200 words per
case) the issues at stake within any two of the the following important judicial
cases: (In preparing for this assignment, you should review the link
provided for this course to help you
analyze case law).
Be aware that for the exam you will need
to be familiar with all of these cases.
or Too Little Environmental Protection Via EPA
Law versus Civil Law
Law versus Common Law
law is more encompassing and can address problems in one fell
Legislatures have ex ante approach; can think about
proper incentive creation, an eye to the public good.)
law is ad-hoc, decided on case-by-case basis and accumulation
of precedent. (Courts are
not in a position to best understand public good or future
effects of rules).
Law, Common Law and Regulation: Review the slide set linked to
Concept of Property Rights
Rights and Environmental Sustainability
Environmental Regulation or
and Control Regulation
Instruments (a.k.a. Economic
Instruments) & Environmental Law.
Production & Dissemination & Environmental Law
Protection & Instrument Design
Major Criticisms Directed toward Environmental Laws:
Consequences: Example: Endangered
Species Act reform.
& Environmental Law
The Administration of
of powers," "scientific expertise,"
choice theory," "Administrative
Procedures Act" "rulemaking;"
of Administrative Law: For a really good overview of the basics of administrative
law and how it is approached in the State of Michigan, you might want
to look at the
article entitled "Administrative
Basics: A Practical Introduction to Administrative Law in Michigan"
Issues in Environmental Law
Citizens Groups Shape Environmental Law
Lobbying: The link to the left takes you the "A Better
Earth" site at George Mason University where you will find a
very interesting perspective on environmental lobbying
Citizen Suits: This article provides an overview on this
Standing and Environmental Suits:
In environmental suits there are three constitutional standing
plaintiff must have suffered or imminently will suffer injury - an
invasion of a legally protected interest which is concrete and
particularized. The injury must be actual, imminent, distinct, and
palpable, not abstract.