"Written by Professor Roger A. McEowen, the Kansas Farm Bureau Professor of Agricultural Law and Taxation at Washburn University School of Law, and drawn from his leading, cutting-edge textbook on agricultural law and taxation which is presently in its 40th release (January 2017). This Nutshell is specifically developed to meet the needs of the students, instructors, lawyers as well as farmers, ranchers, rural landowners agri-businesses and lawyers as a handy summary of key areas of the law impacting agriculture. Material covered includes an introduction to agricultural law, contracts, agricultural financing, bankruptcy, real property, cooperatives, civil liabilities, water law, environmental law, and regulatory law. The Nutshell covers the general principles of law for ease of class discussion and provides a balance of textual explanation with case citations." - publisher's description

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Competition in the complex, diverse industries that make up the agriculture and food arena raises many novel and significant antitrust issues that can have worldwide effects. The Agriculture and Food Handbook provides a comprehensive review of the regulatory, antitrust, and consumer protection issues that arise in these industries. Our population continues to grow. Globalization continues to present opportunities and challenges in agriculture and food. Climate change will likely require changes in the balance of our food systems. Food and agriculture will continue to be fundamental to our societies, and with it the tenets of competition and consumer protection. Our goal is for this Handbook to aid the pursuit of sharpening our legal and regulatory approach to the evolving issues in antitrust and consumer protection in agriculture and food.

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This primer from the American Bar Association looks at how changes in state and federal laws have shaped the cannabis industry over the last several decades. Chapters review tax, finance, and insurance issues for cannabis businesses, recent cannabis litigation, and regulation of cannabis products, among other subjects.

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An exploration of the challenging political and societal issues facing agricultural policy and modern food systems through the lens of environmental protection laws.

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Agriculture is one of America's leading industries, generating $835 billion in economic activity in 2014—about 5 percent of the nation's gross domestic product—and employing more than 9 percent of the nation's workforce. Yet until now, there's been no single volume on the law of agricultural land preservation. This book covers the legal principles, federal and state legal requirements, and legal issues that have arisen in the implementation of public and private agricultural preservation programs, federal tax and estate laws, court cases, and landowner financial issues and options that affect agricultural land preservation efforts. Agricultural land preservation can help farmers and ranchers by providing needed capital to strengthen the profitability of the agricultural operation, facilitate the transfer of the farm or ranch to the next generation, and offer an alternative to selling land for development. This book provides practical, current guidance for attorneys advising…

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Interest in urban agriculture continues to flourish, and as a result more communities are faced with the demand for a variety of agricultural activities within the urban environment. Urban Agriculture is a current, practical resource on all aspects of agricultural activities within non-rural settings, ranging from neighborhood gardens to commercial farming operations. This book addresses many of the land use, environmental, and regulatory legal issues that confront local governments, property owners, businesses, nonprofit organizations, and neighborhood groups when addressing urban gardening or farming. In addition, the book's authors describe and analyze the experiences of specific urban areas, providing perspectives on these different approaches, from those that have been successful to the ones that have not, as well as activities not yet fully evaluated. Information is organized in five sections: —Part 1: The Context for Urban Agriculture —Part 2: Government Regulation o…

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This longtime ELI bestseller will assist those who are commenting on drafts of their own agency's, organization's, or client's documents as well as those participating in the public comment periods available under many environmental laws.

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For concise, statute-specific information in an easy-to-use format, this book offers a practical starting point for answering basic Clean Air Act inquiries, An overview of the CAA and its implementing regulations, it covers the historical developments as well as the impact of recent critical cases and regulatory developments. Includes FAQs, case descriptions, glossary, websites, and bibliography.

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The most recent update to the popular "Basic Practice Series," this is a practice-focused guide to the Federal Water Pollution Control Act, commonly known as the Clean Water Act--the primary federal statute regulating water pollution for the protection of the country's water resources.Basic Practice Series: Clean Water Act provides legal practitioners, consultants, and other interested individuals with an overview of the CWA s complex framework of federal and state controls. The authors explain the statute and the 1972 Amendments that created a system of permits and regulations to govern the discharge of pollutants into the nation's waters and publicly owned treatment works, focusing on these uniform standards and their implementation and enforcement. This quick overview covers all essential elements of the Clean Water Act: • History of the Clean Water Act and Amendments • NPDES permitting process • Technology-based standards • Water-quality-based effluent limitations • Publicly owned…

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CERLCA creates a significant barrier to the redevelopment of brownfield sites, as "parties can be held liable for the entire costs of cleanup, even if they purchased the property after the contamination occurred or were otherwise innocent parties." As a result, developers have been forced to avoid the 450,000 brownfield sites nationwide. The Bona Fide Prospective Purchaser Defense, A Guide For Lawyers, Second Edition encompasses the relevant guidance documents published by U.S. Environmental Protection Agency and provides analysis of the key judicial decisions interpreting the Brownfields Amendments. This information allows the practitioner who is dealing with such issues to have all of resources he or she needs to advise a client. Even the most experienced practitioner will benefit from this book, as the issues and concepts associated with transactions involving contaminated properties have changed over the years and are continually evolving. Chapters include: CERCLA and the bona …

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This updated edition of an ABA bestseller provides a step-by-step, solution-oriented look at the environmental and economic challenges of redeveloping contaminated property. Beginning with a thorough explanation that puts brownfields redevelopment into a current context, Brownfields then focuses on the most important legal, business, financial, and political issues associated with redeveloping contaminated real estate. This guide provides exceptional insights and strategic advice from experts in various disciplines – a template for getting the brownfields deal done. Other major parts of the book include discussions about the basic science for dealing with contaminated property appropriately and effectively, and a final section that offers detailed and current information about the most important elements of each state's voluntary cleanup program. Brownfields provides the detailed background necessary to make informed decisions and offers practical advice for implementing effective stra…

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One of the country's most challenging environmental statutes, the Clean Air Act has generated a multitude of regulatory requirements. This volume provides a basic overview of the key concepts and provisions of the CAA as well as highlights of the critical precedential cases interpreting the requirements of the Act. It also includes a discussion of some of the fundamental regulations implementing the CAA and some of the ways that EPA and states work together to protect air quality through cooperative federalism. Now completely updated and considerably expanded to include new developments, Clean Air Act Essentials covers the most critical areas of the statute, including: State implementation plans Nonattainment and regional transport Prevention and significant deterioration and nonattainment New Source Review New source performance standards and emission guidelines Control of hazardous air pollutants Visibility patrol Acid rain control Title V operating permit program Mobile sources an…

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Covering the entire Clean Air Act statute, this handbook brings together the experience of more than 30 private and public sector practitioners to explain how the CAA is both implemented and practiced. The book addresses all essential topics, from government programs to civil and criminal enforcement and judicial review, making it an ideal reference for the experienced as well as the more general environmental lawyer.

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Most parts of the economy—manufacturing, mining, construction, municipalities—generate and discharge process wastewater and/or stormwater. Those discharges are extensively regulated under the Clean Water Act through a collaborative federal and state program of facility permits and regulatory standards. This updated guide is a definitive practical resource to the provisions and complexities of the federal Clean Water Act (CWA) and how it continues to evolve. Written by 21 of the country's most knowledgeable experts on the CWA, The Clean Water Act Handbook is a compilation of their experience in understanding this complex statute and its implementing regulations and guidelines. Beginning with an overview of the law's provisions and pertinent regulation and enforcement issues, subsequent chapters address specific issues, such as:• NPDES permits Control of publicly owned treatment works Requirements applicable to indirect discharges The regulation of wetlands and the impact …

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Climate change has become a significant issue in scientific, political, and legal circles, and this may have profound implications for the insurance industry. More frequent catastrophic events such as floods, droughts, fires, hurricanes, and the like, whether or not attributable to climate change, challenge the insurance industry's abilities to measure and predict risk. Climate Change and Insurance is the first publication of its kind and the definitive resource for anyone seeking to understand the complex risks and opportunities associated with climate change and its potential impacts on the insurance industry. Climate Change and Insurance delves deep into the issues surrounding both current and emerging legal aspects. The book extensively covers the topic, including: • Overview of climate change and insurance issues • Background on climate change, global warming, and greenhouse gases • Climate change as an emerging risk • Greenhouse gas-related regulation • Existing and emerging cl…

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"Policies regarding sustainable development and climate change management appeared on the world stage at the same time and should be studied and understood as a single body of law. This Nutshell enables readers to learn how the U.S. legal system fosters greenhouse gas reduction, energy conservation, and sustainable patterns of growth including energy efficient and sustainable buildings, the use of renewable energy resources, the protection of sequestering open space, and the adaptation of buildings and communities to sea level rise and natural disasters." - publisher's description

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"With an increase in fishing, energy extraction, and shipping activity, U.S. ocean and coastal areas are under increasing pressures from even more intensive use and development. This Nutshell, now in its 5th Edition, provides short summaries of state, national, and international law and policy relevant to practitioners and academics interested in the field of ocean and coastal law. The most recent edition, updating legal developments from previous editions, also offers new material on renewable energy, current beach access controversies, the Deepwater Horizon oil spill litigation, coastline adaptation to sea-level rise, climate change, marine litter, international law of the sea negotiations, and policy changes under President Trump’s administration." -publisher's description

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Distributed generation encompasses many different and developing technologies that generate, store, and distribute energy in locations close to the end user. Arguably one of the most transformational developments in restructuring the nation's electric power grid, the proliferation of distributed generation impacts every facet of the power industry. This book provides an overview of the emerging legal and policy issues involving the planning, engineering, operations, economics, and governance of distributed generation.

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Even among the other landmark environmental laws passed in the heyday of American environmental legislation, the ESA stands out as perhaps the most stringent, most comprehensive, and most controversial. Its comprehensive approach has a significant impact on the management and use of public and private lands and waters. As the ESA approaches its 50th anniversary, it remains a lightning rod for litigation, and the source of ongoing legal debate and competing interpretations. Now in its third edition, Endangered Species Act: Law, Policy and Perspectives is an authoritative guide to the history of the ESA, the Act's most critical sections, the twists and turns of its implementation, and the cutting-edge issues facing the protection of endangered wildlife and its habitat. This updated edition serves as a guide for both the novice and the more experienced practitioner to the ins and outs of the ESA. It begins with the building blocks of the ESA: the processes for listing species and design…

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The Endangered Species Deskbook is a comprehensive reference to one of the most complex and heavily litigated environmental statutes ever enacted by the U.S. Congress.

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Examining the intersection of real estate, business, and environmental law, Environmental Aspects of Real Estate and Commercial Transactions is written by a team of accomplished real estate, environmental, tax, land use, and business lawyers and technical experts, in private practice, corporations, government, and law schools. The clearly written, detailed, and timely chapters cover all aspects of the environmental issues that must be considered in the purchase, sale, or finance of real property, regardless of use. Covering the entire range of environmental issues that arise when real estate is acquired, developed, operated, sold, financed or the subject of a work out, every chapter has been substantially revised to reflect changes in law and practice. The book's 29 chapters are organized into four parts for quick access to pertinent information: Part 1: Overview environmental liability Part 2: Environmental due diligence Part 3: Issues related to the transactional structure, tax, an…

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This Deskbook will help environmental professionals understand this rapidly growing and complex area by providing agency guidance on such issues as enforcement policy, investigative and prosecutorial procedures, and environmental self-audits.

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Environmental laws and regulations play an increasingly important role in corporate transaction and affect a wider range of businesses from the multinational corporation to the mom-and-pop corner service station or dry cleaner. There are now many tools in the environmental law toolbox and strategies that lawyers can employ to address environmental issues if the issues are identified and addressed early enough in the deal negotiations. This eBook version of Environmental Issues in Business Transactions is a unique publication that not only discusses the principal state and federal environmental regulatory programs affecting business and commercial transactions, but also offers practical guidance on the impact of these complex requirements from the unique viewpoint of a transactional lawyer. The chapters have been written by seasoned environmental lawyers with extensive transactional experience. The authors share strategies and guidance that have been successfully used in a wide range o…

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The 3rd edition of Environmental Justice provides an overview of this environmental and public health problem and explores the growth of the environmental justice movement.

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Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law.

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The environmental field and its regulations have evolved significantly since Congress passed the first environmental law in 1970, and the Environmental Law Handbook, published just three years later, has been indispensable to students and professionals ever since. The authors provide clear and accessible explanations, expert legal insight into new and evolving regulations, and reliable compliance and management guidance.The Environmental Law Handbook continues to provide individuals across the country—professionals, professors, and students—with a comprehensive, up-to-date, and easy-to-read look at the major environmental, health, and safety laws affecting U.S. businesses and organizations. Because it is written by the country's leading environmental law firms, it provides the best, most reliable guidance anywhere.Both professional environmental managers and students aspiring to careers in environmental management should keep the Environmental Law Handbook...

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"Farber’s Environmental Law in a Nutshell provides a foundation for understanding environmental law. Expert text includes coverage of various areas, from acid rain and atomic energy, to waste disposal and wetlands. Touches upon the many statutory and common-law regulations shaping the world in which we live." - publisher's description

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Environmental Liability and Insurance Recovery is for the lawyer whose practice lies at the point where two areas of the legal profession - environmental law and insurance law - intersect. These areas of the law demand the mastery of an intricately involved set of concepts, definitions, rules, and regulations - all of which are continuously developing. Insightful clarification on the topic is provided, as well as subset of the legal issues at the crossroads of environmental law and insurance law, namely, the many ways in which a party may be exposed to environmental liability and how insurance coverage may provide financial support for such liability. Topics covered include: • Statutory Liability, related to: CERCLA, the Resource Conservation & Recovery Act, clean air and clean water acts • Tort Liability including nuisance, trespass, negligence, and strict liability • The General Liability Policy • Policy exclusions and defenses to coverage • Environmental impairment liabili…

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"Environmental Liability and Real Property Transactions is a must-have guide to managing risk of environment liabilities in real property transactions. It gives you excellent advice on how to conduct due diligence, hire experts, and discover tell-tale signs of environmental trouble. You'll find in-depth coverage of liability defenses, how to limit environmental exposure, and how to manage contaminated property. New sections include information on electromagnetic fields, lead and radon, liability of trustees, and a discussion of different types of insurance. The book also features numerous forms, checklists, and practice pointers." -publisher's description

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The scope of what qualifies as environmental litigation is huge, covering a complex array of federal and state statutes, hundreds of common-law rules, and thousands of pages of regulations. Furthermore, this area of litigation is growing at a tremendous pace as a result of evolving issues such as climate change litigation and as practitioners deal with the increasing number of environmental cases decided by the Supreme Court. This updated and fully revised second edition of Environmental Litigation: Law and Strategy provides experienced guidance on the most critical areas in this rapidly-changing area of the law. The book's focus is on how environmental issues are addressed and resolved through litigation. Including extensive citations to statutes and regulatory programs cited, the book is organized around environmental topics—civil enforcement, criminal enforcement, citizen suits, and so on—rather than specific statutes or regulations. Environmental litigation requires a…

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While each state establishes the rules of legal ethics applicable to the practice of law in that jurisdiction, states generally start from the ABA Model Rules of Professional Conduct in formulating the rules for lawyers in that state. The common law and statutory law continue to play an important role in how lawyers should analyze challenges that arise in practice in fulfilling their professional duties. Environmental practice can seem to involve an endless stream of ethical problems. These issues should always be taken seriously, but the need for cautious and thorough analysis of ethical questions is of paramount importance when issues of safety are implicated. Ethics and Environmental Practice deals with the critical questions that face the environmental lawyer, and considers the major issues relating to ethics challenges, including: Developing an awareness of ethics issues Conflicts of interest Confidentiality Special issues of competency Multijurisdictional and multidisciplinary …

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Earth Day is April 22nd, and you may be wondering what you can do to make a positive impact on the planet. This title, by lawyer and environmentalist Jason Czarnezki, discusses personal decisions that have the best (and worst!) outcomes for the environment.

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This compendium focuses on the law applicable to toxic exposure claims—i.e., claims of alleged harm caused to person or property by exposure to dangerous substances—across all fifty states and the District of Columbia. This a broad area of the law that is constantly evolving with advances in manufacturing, science, and technology, and can present unique statute of limitations issues. This book provides a valuable overview of the relevant claims and defenses in each state, and will be a useful resource for anyone involved in this type of litigation. Topics covered include: Negligence Strict liability Breach of warranty Statute of limitations Product identification requirements Standard for challenging expert testimony Asbestos litigation

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An exploration of the challenging political and societal issues facing agricultural policy and modern food systems through the lens of environmental protection laws.

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Saving money. Using resources wisely. Building more durable projects that require less maintenance and upkeep. Protecting water supplies, trees, and farmland. These are all noble goals--but what if they could be pursued in one project? How do communities and private developers work collaboratively, to meet public and private interests and to create spaces where people want to live and work? Sustainable development is intended to prevent the permanent damage or loss of resources as well as incorporating methods that reduce the rate of consumption of resources. In its many forms, sustainable development and environmentalism are increasingly important for commercial, governmental, and social issues. Helping meet the need for current, accessible information on this growing area of law and practice, Foundations of Sustainable Development provides a hands-on guide to understanding sustainable development concepts and projects. Written for both public and private entities embarking upon sus…

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A vast body of U.S. law relevant to climate change has developed since publication of the first edition of Global Climate Change and U.S. Law in 2007, even while Congress has failed to pass a new comprehensive statute to address the climate challenge. This domestic legal regime, covered comprehensively in this updated volume, consists of federal greenhouse gas regulations issued under the Clean Air Act and federal energy efficiency statutes, new disclosure requirements imposed under the securities laws, as well as a variety of state and local initiatives and common law decisions by the courts. Recognizing that climate change is largely an energy problem, this edition adds a completely new section on energy regulation. Additional chapters now cover cap-and-trade regimes, climate-related water issues, agriculture and forestry, and the use of non-climate international agreements to reduce emissions and address climate impacts. The final new section focuses on issues previously seen as m…

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"Historic Preservation Law in a Nutshell provides the leading in-depth summary of historic preservation law within its local, state, tribal, federal, and international contexts. Historic preservation is a burgeoning area of law that includes aspects of property, land use, environmental, constitutional, cultural resources, international, and Native American law. This book covers the primary federal statutes, and many facets of state statutes, dealing with the protection and preservation of historic resources. It also includes key topics like the designation process, federal agency obligations, local regulation, takings and other constitutional concerns, and real estate development issues. Click here to read a book review of the first edition from the National Trust for Historic Preservation." - publisher's description

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Institutional controls are designed to reduce or eliminate potential exposure to certain chemicals, prevent activities that may interfere with a response action, and to ensure that "no significant risk" is posed to human health and the environment. Institutional controls take a wide variety of forms, such as easements, restrictive covenants, equitable servitudes, environmental covenants, zoning, building permits, well-drilling prohibitions, contractual agreements (such as permits and consent decrees), and informational devices. This second edition of Implementing Institutional Controls at Brownfields and Other Contaminated Sites examines the substantial strides that have been made over the past decade to improve regulators' and practitioners' awareness and understanding of institutional control issues. In particular, nearly half the states have now adopted the Uniform Environmental Covenants Act (UECA) since its promulgation as a model state law in 2003. Now fully updated and signifi…

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"This well received book, informed by its interdisciplinary framework, succinctly yet accurately traverses and illuminates the full gamut of international environmental issues, laws and policies challenging the world today. The sixth edition responds to important developments arising subsequent to the fifth edition, relating, inter alia, to sustainable development, climate change, and energy. These developments include the Sustainable Development Goals (SDGs) of 2015, the 2015 Paris Agreement on Climate Change that replaced the Kyoto Protocol, and the challenges posed by renewable energy and global poverty. In sum, the book offers a synoptic overview, and instructive analysis of the relevant treaties, customary law, and soft law instruments governing all areas of international environmental law." - publisher's description

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This casebook explores water pollution and the federal statute chiefly designed to control it, the Clean Water Act, and examines how water pollution is addressed, first by the common law and then by statute.

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Designed primarily for the classroom, the book takes a comprehensive approach to the teaching of planning and zoning law, regulatory takings, and environmental topics.

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The laws that attempt to reduce climate change are well known. But what about laws to deal with the climate change that will occur regardless of these efforts? The Law of Adaptation to Climate Change takes a sweeping look at the current and proposed legal aspects of coping with climate change--from drought, extreme precipitation, heat waves, and wild fires to global shifts in temperature, sea level, water and food supply, coastal conditions, infrastructure, ecosystems, and human health and economies. Applicable laws exist at all levels (international, national, state, local) and in different forms (constitutions, statutes, agency regulations, judicial decisions, private agreements, voluntary guidelines); they are not only uncoordinated but collectively embody numerous contradictions and inevitable gaps. This state-of-the-art compendium examines how laws are being modified, finessed, or imagined to deal with the impacts of climate change, both in the United States and around the globe. …

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Written and organized to clearly explain the role that efficiency and renewables will play in combating climate change, this book covers energy efficiency laws at federal, state, and local levels. Topics range from tax and nontax incentives to the use of energy in different sectors and various renewable energy sources. Includes 50-state survey of actions on energy efficiency and renewables.

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"The law of hazardous wastes and toxic substances is complex and constantly changing. It is a specialized field involving the overlap of law, science, economics, and the public policy it presents. This text covers the risks involved with and the regulation of the production, sale, use, and disposal of toxic substances. In addition, it briefly explores the special problems of nuclear materials." -publisher's description

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"This book analyzes all significant aspects of management of lands and resources owned by the federal government, focusing on the national parks, the national forests, the national wildlife refuges, and the remaining public lands. It provides a brief historical overview of public land law in the United States and analyzes the constitutional basis for ownership and regulation of federal lands and natural resources. It covers the statutory basis for determining appropriate uses for federal lands and for assessment of the environmental impacts of activities on those lands. It also analyzes the rules governing planning and management of the water, mineral, timber, range, wildlife, recreation, and preservation resources on federal lands. Finally, it covers important recent public land law developments — in Congress, in the land management agencies, and in the courts." - publisher's description

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" This treatise is a thorough assessment of the important and growing field of natural resources law. It provides comprehensive coverage of the laws, policies, and decision-making processes pertinent to the “core” commodity natural resources – rangeland, timber, mineral resources, energy resources, and water. It also covers the management and protection of non-commodity resources, such as wildlife, wilderness, and other types of preservation and recreation lands. As an essential addition to any environmental, natural resources, or public lands library, the book puts natural resources law in context with a review of the National Environmental Policy Act, a history of natural resources use and regulation, as well as a user-friendly description of resource economics." -publisher's description

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The National Environmental Policy Act (NEPA) affects all areas of environmental protection. ELI's updated NEPA Deskbook, 4th Edition, presents NEPA, along with supporting and related documents, and provides analysis of NEPA's provisions and their requirements.

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The National Environmental Policy Act (NEPA) introduced the environmental impact statement, transformed decision making by federal agencies, and spurred the growth of an extensive body of environmental law. The NEPA Litigation Guide takes a close look at the litigation of NEPA cases, including jurisdiction and related issues, standard and scope of judicial review, and the specific concerns of litigators. Written by experienced practitioners and scholars, this comprehensive guide identifies key NEPA issues and offers solutions to the challenges faced in practice. This revised second edition includes a new chapter on climate change and its relationship to the NEPA process; the updated chapters highlight recent cases and provide information on new policies, such as monitoring and mitigation, from the Council on Environmental Quality (CEQ), the body created by the statute to provide guidance and oversight to other federal agencies on NEPA compliance. Throughout the book, experts summariz…

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With the passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act on June 22, 2016, the main body of chemical management law in the United States changed dramatically. This guide summarizes the new law, highlights the changes that will have the greatest impact, and offers pertinent analysis on the implementation of the new law.

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This book is a compilation of selected papers from the 2012 workshop to exchange ideas and develop strategies for implementing a "Next Generation" approach to environmental enforcement and compliance.

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Providing an excellent and current resource for understanding the complexities of ocean and coastal law and policy, this updated edition of an ABA bestseller brings together the expertise of the country's leading scholars and practitioners in the field of ocean and coastal law. Covering the full array of issues involved—from maritime jurisdiction and boundaries to water quality protection to fisheries management and marine mammal protection to offshore energy development and climate change—each chapter addresses the current state of the law for the topic, followed by analysis of the emerging and unresolved issues. Its final chapters address the principles, legal authorities, and planning for a transition toward an ecosystem-based management approach to U.S. coastal and ocean areas.

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PGEM provides readers with the firm grounding in history necessary to put environmental issues in context and a practical map to avoid the pitfalls and capitalize on the potential rewards inherent in the field.

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Principles of Constitutional Environmental Law offers a comprehensive account and analysis of the growing -- and increasingly important -- intersection of constitutional and environmental law. Chapters are written with the goal of providing an accessible account of emerging constitutional issues valuable to academics and practitioners alike. Each chapter begins with a practice tip relevant to the material that follows, and ends with a case study that provides the story behind a case mentioned earlier in the chapter. The book begins with the editor's introduction to the field of constitutional environmental law, illuminating the canon of case law that interprets the Constitution in innumerable environmental contexts. Chapter authors are drawn from private practice, academics, and government, providing an invaluable and balanced resource for virtually any constitutional question that may arise in environmental law.

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"Written in a conversational tone, this book familiarizes readers with the basic mechanics of the major environmental statutes, including, among others, the Clean Water Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act, the National Environmental Policy Act, and the Endangered Species Act. It also includes a separate chapter on how these environmental statutes are enforced by the Government and through citizen suits." - publisher's description

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Principles of Natural Resources covers the full range of legal issues involving natural and environmental resources. It is ideal for professors, practitioners, and students as a concise summary of the relevant law.

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A close look at the historical struggle of local governments to balance land development with natural resource conservation.

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Focusing on the "cradle-to-grave" program for managing hazardous wastes under the Resource Conservation and Recovery Act (RCRA), this updated edition of The RCRA Practice Manual is a comprehensive yet easy-to-use guide to an extraordinarily complex area of environmental law. This manual clearly explains this dynamic law, its background, regulatory structure and procedures, and the implications RCRA has for your client or company. Chapters are written by an impressive roster of environmental lawyers who practice extensively in this area, and the authors offer practical suggestions and guidance to minimize the risk of penalty and to soften the blow when liability cannot be avoided. There have been numerous developments since the second edition, and every chapter has been updated to address the important new interpretations of RCRA. Among the new developments covered are decisions in cases involving the definition of hazardous waste, EPA over-filing, citizen suits, cost recovery, and pr…

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This volume presents a collection of papers from experts in the field articulating a wide range of thoughtful ways in which various conceptions of sustainability need to be re-examined, refined, or articulated in greater detail to address these challenges.

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The Deskbook combines expert analysis and key statutory and policy materials, resulting in a user-friendly reference source that provides a thorough grounding in Superfund law and policy.

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This is a practical guidebook to current CERCLA litigation, written by an experienced attorney who specializes in this area of law. Because it emphasizes the practitioner's needs for focused, case-oriented information, The Superfund Manual avoids presenting an exhaustive analysis of every issue that has been litigated, nor does it serve as a comprehensive repository of every case that addresses these issues. Instead, it casts light on those cases and issues viewed as central to Superfund litigation. Its key summaries of the state of the law under CERCLA are interspersed with "practice tips" intended to offer deeper insights into key litigation issues under the statute. Topics covered include: Government response authority under Section 104 of CERCLA Remedy selection standards and remedy selection procedures Abatement authority under Section 106 Liability issues, including causation, defenses, and types of recoverable costs Settlement Judicial review Organizing PRPs at multiparty…

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The Sustainability Handbook provides a blueprint on how organizations of all sizes can reach or exceed economic, social and environmental excellence.

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While state law almost exclusively governs the allocation of surface waters in the United States, there are also reserved rights, an important class of water rights created by federal law. This book discusses the impact of federal environmental law on the use of water resources. Written by practitioners in private practice, government, and academia, each with extensive experience in the area, the book begins by looking at the rights to use water based on both state and federal law, as well as the issues involved in waters that cross state boundaries and in the shared control of water between the U.S. and Mexico and Canada. Further exploring the extent of federal environmental law impacts on water rights, the book discusses the federal agencies with major water use impacts, including the U.S. Bureau of Reclamation, the U.S. Army Corps of Engineers, and other agencies whose actions, particularly projects they operate or lands that they manage and regulate, have a considerable impact on s…

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The Wetlands Deskbook organizes wetlands law for the novice and experts and provides all the background materials needed. This Fourth Edition includes updates on the most recent court decisions, agency policies, and regulations, such as implications for endangered species and the U.S. Department of the Interior mitigation strategies.

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Beyond the Fracking Wars provides an accessible and credible reference for lawyers, public officials, planners, and citizens. It avoids a "pro" or "anti" position and serves as a balanced resource on common issues associated with unconventional oil and gas exploration and development. This timely and relevant reference book covers: • the technologies and regulatory framework governing oil and gas development via hydraulic fracturing; • case studies exploring the hurdles, pitfalls, and opportunities for creative solutions; • and innovative approaches to managing the impacts of the "shale gale," on both the regional and international level. Whether you are a state and local government lawyer, land owner, public official, planner, oil and gas industry employee, or interested citizen, Beyond the Fracking Wars is a must-have reference for understanding the controversial subject of unconventional oil and gas development and its impact on local governments. For more information about the …

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The energy industry has been at the center of the development of many antitrust laws. In particular, the oil industry has been the source of many seminal antitrust cases. The electric and natural gas industries also have contributed several seminal cases, but have been subject to substantial if not complete antitrust immunity in light of pervasive federal and state regulation until the introduction of competition in the late 1980s and 1990s. Although the electric and natural gas industries continue to be subject to less pervasive regulation, new antitrust issues and concerns about "market manipulation" have become the focus of scrutiny in the electric, natural gas, and petroleum industries. This third edition of the Energy Antitrust Handbook presents a guide to an industry that has great importance to the U.S. economy. It is written to assist energy, regulatory, and antitrust lawyers in understanding the multilayered complexity of this field by providing a basic background on antitru…

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"This title addresses the component parts of the energy fuel cycle, as well as the market and government policies that oversee it. This Nutshell describes in detail the country’s traditional energy policy and also discusses the current challenges that confront it. Chapters cover the individual natural resources used to produce energy and the book concludes with the development of a clean energy policy for the future." - publisher's description

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Hydraulic Fracturing identifies the major legal issues raised by hydraulic fracturing, including the transactional, regulatory, and litigation issues that are most relevant to the real estate and environmental law practitioner. In addition, the authors thoughtfully discuss the current state of the law relating to hydraulic fracturing while providing invaluable practical suggestions to lawyers representing clients in real property transactions.

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"This publication treats both private and public relationships in pooling and unitization of oil and gas properties, as well as the antitrust aspects of pooling and unitization, pooling clauses, and state-by-state analysis." - publisher's description

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This is the treatise on law relating to oil and gas transactions, containing treatment of: conveyancing, oil and gas leases, implied covenants, pooling and unitization, division and transfer orders, and gas purchase contracts; taxation, accounting techniques, financial administration; drafting instruments, making title examinations, administering estates, preparing wills and trusts; and forms adaptable to any situation. The price quoted for the work covers one year's worth of sevice.

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"This Hornbook, a revision of the Hemingway Hornbook, is the most comprehensive one-volume work on oil and gas law and taxation available today. For over three decades, Professor Richard Hemingway’s prior editions of this seminal work provided guidance to courts, lawyers, commentators, and students. Six distinguished scholars, Professors Anderson, Dzienkowski, Lowe, Peroni, Pierce, and Smith, have joined together to co-author a new version of this classic treatise. As a one-volume treatise, this work covers the substantive law of oil and gas and federal income taxation of oil and gas transactions. The first two chapters examine the mineral interest/estate and related transactions. The third chapter covers trespass and related issues. The fourth chapter covers adverse possession and dormant minerals. Chapters five through eight examine in detail the oil and gas lease. Chapter nine addresses transfers by the lessor and the lessee. Chapters ten through twelve are devoted to oil and gas ta…

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"This text provides authoritative coverage of the legal rules that govern the development of privately owned mineral rights, which often also apply to government-owned resources. It covers topics such as the nature, protection, and conveyance of oil and gas rights, leasing, and taxation." - publisher's description

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The Proceedings of the Institute on Oil and Gas Law, part of The Institute for Energy Law of The Center for American and International Law's continuing education program, provide expert guidance on current legal issues involving the oil, gas, and energy industries. Published annually in condensed and edited form, with an index and table of cases, the proceedings offer oil, gas, and energy practitioners practical ideas and solutions for dealing with the impact of new laws and regulations.

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Written by members of the ABA Section of Litigation’s Energy Litigation committee, this multi-author book addresses the vast new wave of litigation issues resulting from the fast-paced and unconventional growth of the shale gas industry. The book begins with an overview of the geology, exploration, drilling and production of shale plays, and introduces the shale plays and their individual properties regionally. Next, the book identifies common litigation issues in shale plays. These include: recovery of personal injury and property damages related to hydraulic fracturing; lawsuits between governmental entities; and challenges to disclosure regulations related to the chemicals used in hydraulic fracturing. The third chapter highlights common contractual disputes related to royalties, pooling and unitization, and implied covenants to market and for further development. Water rights and water use are the central topic of the book’s concluding chapter. Competition for water and a signifi…

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Increasingly cited by courts in oil and gas producing states, this treatise provides an exhaustive survey of oil and gas conveyancing and operations, with citations to authorities that help attorneys find a quick answer or case on point.

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"Policies regarding sustainable development and climate change management appeared on the world stage at the same time and should be studied and understood as a single body of law. This Nutshell enables readers to learn how the U.S. legal system fosters greenhouse gas reduction, energy conservation, and sustainable patterns of growth including energy efficient and sustainable buildings, the use of renewable energy resources, the protection of sequestering open space, and the adaptation of buildings and communities to sea level rise and natural disasters." - publisher's description

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"With an increase in fishing, energy extraction, and shipping activity, U.S. ocean and coastal areas are under increasing pressures from even more intensive use and development. This Nutshell, now in its 5th Edition, provides short summaries of state, national, and international law and policy relevant to practitioners and academics interested in the field of ocean and coastal law. The most recent edition, updating legal developments from previous editions, also offers new material on renewable energy, current beach access controversies, the Deepwater Horizon oil spill litigation, coastline adaptation to sea-level rise, climate change, marine litter, international law of the sea negotiations, and policy changes under President Trump’s administration." -publisher's description

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An analysis of the political consequences of special district governance in drinking water management that offers new insights into the influence of political structures on local policymaking.

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This casebook explores water pollution and the federal statute chiefly designed to control it, the Clean Water Act, and examines how water pollution is addressed, first by the common law and then by statute.

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Providing an excellent and current resource for understanding the complexities of ocean and coastal law and policy, this updated edition of an ABA bestseller brings together the expertise of the country's leading scholars and practitioners in the field of ocean and coastal law. Covering the full array of issues involved—from maritime jurisdiction and boundaries to water quality protection to fisheries management and marine mammal protection to offshore energy development and climate change—each chapter addresses the current state of the law for the topic, followed by analysis of the emerging and unresolved issues. Its final chapters address the principles, legal authorities, and planning for a transition toward an ecosystem-based management approach to U.S. coastal and ocean areas.

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The origin of springs and rivers is one of the mysteries of nature, which human reason has at tempted in vain to develope. The inquiry how they are produced, and whence they derive their unceasing supply of water, has been variously con sidered, and divided the opinions of philosophers more than any other topic in natural history. The opponents in the controversy have enlisted under two leaders, De la Hire, who contends, that rivers are supplied from the sea, percolated through the pores of the earth, and Doctor Halley, who has en deavoured to demonstrate, that the clouds alone are sufficient for the Supply. Each has had recourse to mathematical calculations, and the results of each have been equally unsatisfactory.

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"The new edition adds dozens of recent decisions and key statutory changes. Virtually every principal case in the leading casebooks is cited or discussed, making this book an excellent aid for students in any water law course. The revised edition deals with changes in evolving areas like groundwater-surface water conflicts, public recreational uses, instream flow protection, federal water development, takings claims, and water access and equity." -publisher's description

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While state law almost exclusively governs the allocation of surface waters in the United States, there are also reserved rights, an important class of water rights created by federal law. This book discusses the impact of federal environmental law on the use of water resources. Written by practitioners in private practice, government, and academia, each with extensive experience in the area, the book begins by looking at the rights to use water based on both state and federal law, as well as the issues involved in waters that cross state boundaries and in the shared control of water between the U.S. and Mexico and Canada. Further exploring the extent of federal environmental law impacts on water rights, the book discusses the federal agencies with major water use impacts, including the U.S. Bureau of Reclamation, the U.S. Army Corps of Engineers, and other agencies whose actions, particularly projects they operate or lands that they manage and regulate, have a considerable impact on s…

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Focused mainly on a business and energy development perspective, this 2019 Continuing Legal Education course addresses various issues that an attorney may encounter in their current environmental law practice. Topics include overviews of state and federal regulatory and permitting processes, rights and regulations on oil and gas production, and a summary of laws protecting natural resources.

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Interest and investment in wind energy project development is increasing steadily in the United States, with development ranging from small and community projects to distributed and utility-scale wind projects. A Practitioner's Guide to Real Estate and Wind Energy Project Development is a focused, practice-oriented guide that provides a straightforward explanation of the process of developing a wind project with a step-by-step discussion of the basic legal documents involved in putting a wind energy project together. Author Kathleen K. Law examines the many types of legal issues involved with developing a wind project, focusing specifically on the issues most important to real estate lawyers advising clients in this evolving area.

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The origin of springs and rivers is one of the mysteries of nature, which human reason has at tempted in vain to develope. The inquiry how they are produced, and whence they derive their unceasing supply of water, has been variously con sidered, and divided the opinions of philosophers more than any other topic in natural history. The opponents in the controversy have enlisted under two leaders, De la Hire, who contends, that rivers are supplied from the sea, percolated through the pores of the earth, and Doctor Halley, who has en deavoured to demonstrate, that the clouds alone are sufficient for the Supply. Each has had recourse to mathematical calculations, and the results of each have been equally unsatisfactory.

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Increasingly cited by courts in oil and gas producing states, this treatise provides an exhaustive survey of oil and gas conveyancing and operations, with citations to authorities that help attorneys find a quick answer or case on point.

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"Written by Professor Roger A. McEowen, the Kansas Farm Bureau Professor of Agricultural Law and Taxation at Washburn University School of Law, and drawn from his leading, cutting-edge textbook on agricultural law and taxation which is presently in its 40th release (January 2017). This Nutshell is specifically developed to meet the needs of the students, instructors, lawyers as well as farmers, ranchers, rural landowners agri-businesses and lawyers as a handy summary of key areas of the law impacting agriculture. Material covered includes an introduction to agricultural law, contracts, agricultural financing, bankruptcy, real property, cooperatives, civil liabilities, water law, environmental law, and regulatory law. The Nutshell covers the general principles of law for ease of class discussion and provides a balance of textual explanation with case citations." - publisher's description

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Competition in the complex, diverse industries that make up the agriculture and food arena raises many novel and significant antitrust issues that can have worldwide effects. The Agriculture and Food Handbook provides a comprehensive review of the regulatory, antitrust, and consumer protection issues that arise in these industries. Our population continues to grow. Globalization continues to present opportunities and challenges in agriculture and food. Climate change will likely require changes in the balance of our food systems. Food and agriculture will continue to be fundamental to our societies, and with it the tenets of competition and consumer protection. Our goal is for this Handbook to aid the pursuit of sharpening our legal and regulatory approach to the evolving issues in antitrust and consumer protection in agriculture and food.

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For concise, statute-specific information in an easy-to-use format, this book offers a practical starting point for answering basic Clean Air Act inquiries, An overview of the CAA and its implementing regulations, it covers the historical developments as well as the impact of recent critical cases and regulatory developments. Includes FAQs, case descriptions, glossary, websites, and bibliography.

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The most recent update to the popular "Basic Practice Series," this is a practice-focused guide to the Federal Water Pollution Control Act, commonly known as the Clean Water Act--the primary federal statute regulating water pollution for the protection of the country's water resources.Basic Practice Series: Clean Water Act provides legal practitioners, consultants, and other interested individuals with an overview of the CWA s complex framework of federal and state controls. The authors explain the statute and the 1972 Amendments that created a system of permits and regulations to govern the discharge of pollutants into the nation's waters and publicly owned treatment works, focusing on these uniform standards and their implementation and enforcement. This quick overview covers all essential elements of the Clean Water Act: • History of the Clean Water Act and Amendments • NPDES permitting process • Technology-based standards • Water-quality-based effluent limitations • Publicly owned…

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Beyond the Fracking Wars provides an accessible and credible reference for lawyers, public officials, planners, and citizens. It avoids a "pro" or "anti" position and serves as a balanced resource on common issues associated with unconventional oil and gas exploration and development. This timely and relevant reference book covers: • the technologies and regulatory framework governing oil and gas development via hydraulic fracturing; • case studies exploring the hurdles, pitfalls, and opportunities for creative solutions; • and innovative approaches to managing the impacts of the "shale gale," on both the regional and international level. Whether you are a state and local government lawyer, land owner, public official, planner, oil and gas industry employee, or interested citizen, Beyond the Fracking Wars is a must-have reference for understanding the controversial subject of unconventional oil and gas development and its impact on local governments. For more information about the …

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This updated edition of an ABA bestseller provides a step-by-step, solution-oriented look at the environmental and economic challenges of redeveloping contaminated property. Beginning with a thorough explanation that puts brownfields redevelopment into a current context, Brownfields then focuses on the most important legal, business, financial, and political issues associated with redeveloping contaminated real estate. This guide provides exceptional insights and strategic advice from experts in various disciplines – a template for getting the brownfields deal done. Other major parts of the book include discussions about the basic science for dealing with contaminated property appropriately and effectively, and a final section that offers detailed and current information about the most important elements of each state's voluntary cleanup program. Brownfields provides the detailed background necessary to make informed decisions and offers practical advice for implementing effective stra…

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This primer from the American Bar Association looks at how changes in state and federal laws have shaped the cannabis industry over the last several decades. Chapters review tax, finance, and insurance issues for cannabis businesses, recent cannabis litigation, and regulation of cannabis products, among other subjects.

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One of the country's most challenging environmental statutes, the Clean Air Act has generated a multitude of regulatory requirements. This volume provides a basic overview of the key concepts and provisions of the CAA as well as highlights of the critical precedential cases interpreting the requirements of the Act. It also includes a discussion of some of the fundamental regulations implementing the CAA and some of the ways that EPA and states work together to protect air quality through cooperative federalism. Now completely updated and considerably expanded to include new developments, Clean Air Act Essentials covers the most critical areas of the statute, including: State implementation plans Nonattainment and regional transport Prevention and significant deterioration and nonattainment New Source Review New source performance standards and emission guidelines Control of hazardous air pollutants Visibility patrol Acid rain control Title V operating permit program Mobile sources an…

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Climate change has become a significant issue in scientific, political, and legal circles, and this may have profound implications for the insurance industry. More frequent catastrophic events such as floods, droughts, fires, hurricanes, and the like, whether or not attributable to climate change, challenge the insurance industry's abilities to measure and predict risk. Climate Change and Insurance is the first publication of its kind and the definitive resource for anyone seeking to understand the complex risks and opportunities associated with climate change and its potential impacts on the insurance industry. Climate Change and Insurance delves deep into the issues surrounding both current and emerging legal aspects. The book extensively covers the topic, including: • Overview of climate change and insurance issues • Background on climate change, global warming, and greenhouse gases • Climate change as an emerging risk • Greenhouse gas-related regulation • Existing and emerging cl…

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"Policies regarding sustainable development and climate change management appeared on the world stage at the same time and should be studied and understood as a single body of law. This Nutshell enables readers to learn how the U.S. legal system fosters greenhouse gas reduction, energy conservation, and sustainable patterns of growth including energy efficient and sustainable buildings, the use of renewable energy resources, the protection of sequestering open space, and the adaptation of buildings and communities to sea level rise and natural disasters." - publisher's description

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"With an increase in fishing, energy extraction, and shipping activity, U.S. ocean and coastal areas are under increasing pressures from even more intensive use and development. This Nutshell, now in its 5th Edition, provides short summaries of state, national, and international law and policy relevant to practitioners and academics interested in the field of ocean and coastal law. The most recent edition, updating legal developments from previous editions, also offers new material on renewable energy, current beach access controversies, the Deepwater Horizon oil spill litigation, coastline adaptation to sea-level rise, climate change, marine litter, international law of the sea negotiations, and policy changes under President Trump’s administration." -publisher's description

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Distributed generation encompasses many different and developing technologies that generate, store, and distribute energy in locations close to the end user. Arguably one of the most transformational developments in restructuring the nation's electric power grid, the proliferation of distributed generation impacts every facet of the power industry. This book provides an overview of the emerging legal and policy issues involving the planning, engineering, operations, economics, and governance of distributed generation.

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Even among the other landmark environmental laws passed in the heyday of American environmental legislation, the ESA stands out as perhaps the most stringent, most comprehensive, and most controversial. Its comprehensive approach has a significant impact on the management and use of public and private lands and waters. As the ESA approaches its 50th anniversary, it remains a lightning rod for litigation, and the source of ongoing legal debate and competing interpretations. Now in its third edition, Endangered Species Act: Law, Policy and Perspectives is an authoritative guide to the history of the ESA, the Act's most critical sections, the twists and turns of its implementation, and the cutting-edge issues facing the protection of endangered wildlife and its habitat. This updated edition serves as a guide for both the novice and the more experienced practitioner to the ins and outs of the ESA. It begins with the building blocks of the ESA: the processes for listing species and design…

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The Endangered Species Deskbook is a comprehensive reference to one of the most complex and heavily litigated environmental statutes ever enacted by the U.S. Congress.

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The energy industry has been at the center of the development of many antitrust laws. In particular, the oil industry has been the source of many seminal antitrust cases. The electric and natural gas industries also have contributed several seminal cases, but have been subject to substantial if not complete antitrust immunity in light of pervasive federal and state regulation until the introduction of competition in the late 1980s and 1990s. Although the electric and natural gas industries continue to be subject to less pervasive regulation, new antitrust issues and concerns about "market manipulation" have become the focus of scrutiny in the electric, natural gas, and petroleum industries. This third edition of the Energy Antitrust Handbook presents a guide to an industry that has great importance to the U.S. economy. It is written to assist energy, regulatory, and antitrust lawyers in understanding the multilayered complexity of this field by providing a basic background on antitru…

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"This title addresses the component parts of the energy fuel cycle, as well as the market and government policies that oversee it. This Nutshell describes in detail the country’s traditional energy policy and also discusses the current challenges that confront it. Chapters cover the individual natural resources used to produce energy and the book concludes with the development of a clean energy policy for the future." - publisher's description

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Examining the intersection of real estate, business, and environmental law, Environmental Aspects of Real Estate and Commercial Transactions is written by a team of accomplished real estate, environmental, tax, land use, and business lawyers and technical experts, in private practice, corporations, government, and law schools. The clearly written, detailed, and timely chapters cover all aspects of the environmental issues that must be considered in the purchase, sale, or finance of real property, regardless of use. Covering the entire range of environmental issues that arise when real estate is acquired, developed, operated, sold, financed or the subject of a work out, every chapter has been substantially revised to reflect changes in law and practice. The book's 29 chapters are organized into four parts for quick access to pertinent information: Part 1: Overview environmental liability Part 2: Environmental due diligence Part 3: Issues related to the transactional structure, tax, an…

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This Deskbook will help environmental professionals understand this rapidly growing and complex area by providing agency guidance on such issues as enforcement policy, investigative and prosecutorial procedures, and environmental self-audits.

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Environmental laws and regulations play an increasingly important role in corporate transaction and affect a wider range of businesses from the multinational corporation to the mom-and-pop corner service station or dry cleaner. There are now many tools in the environmental law toolbox and strategies that lawyers can employ to address environmental issues if the issues are identified and addressed early enough in the deal negotiations. This eBook version of Environmental Issues in Business Transactions is a unique publication that not only discusses the principal state and federal environmental regulatory programs affecting business and commercial transactions, but also offers practical guidance on the impact of these complex requirements from the unique viewpoint of a transactional lawyer. The chapters have been written by seasoned environmental lawyers with extensive transactional experience. The authors share strategies and guidance that have been successfully used in a wide range o…

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The 3rd edition of Environmental Justice provides an overview of this environmental and public health problem and explores the growth of the environmental justice movement.

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Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law.

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The environmental field and its regulations have evolved significantly since Congress passed the first environmental law in 1970, and the Environmental Law Handbook, published just three years later, has been indispensable to students and professionals ever since. The authors provide clear and accessible explanations, expert legal insight into new and evolving regulations, and reliable compliance and management guidance.The Environmental Law Handbook continues to provide individuals across the country—professionals, professors, and students—with a comprehensive, up-to-date, and easy-to-read look at the major environmental, health, and safety laws affecting U.S. businesses and organizations. Because it is written by the country's leading environmental law firms, it provides the best, most reliable guidance anywhere.Both professional environmental managers and students aspiring to careers in environmental management should keep the Environmental Law Handbook...

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"Farber’s Environmental Law in a Nutshell provides a foundation for understanding environmental law. Expert text includes coverage of various areas, from acid rain and atomic energy, to waste disposal and wetlands. Touches upon the many statutory and common-law regulations shaping the world in which we live." - publisher's description

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Environmental Liability and Insurance Recovery is for the lawyer whose practice lies at the point where two areas of the legal profession - environmental law and insurance law - intersect. These areas of the law demand the mastery of an intricately involved set of concepts, definitions, rules, and regulations - all of which are continuously developing. Insightful clarification on the topic is provided, as well as subset of the legal issues at the crossroads of environmental law and insurance law, namely, the many ways in which a party may be exposed to environmental liability and how insurance coverage may provide financial support for such liability. Topics covered include: • Statutory Liability, related to: CERCLA, the Resource Conservation & Recovery Act, clean air and clean water acts • Tort Liability including nuisance, trespass, negligence, and strict liability • The General Liability Policy • Policy exclusions and defenses to coverage • Environmental impairment liabili…

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"Environmental Liability and Real Property Transactions is a must-have guide to managing risk of environment liabilities in real property transactions. It gives you excellent advice on how to conduct due diligence, hire experts, and discover tell-tale signs of environmental trouble. You'll find in-depth coverage of liability defenses, how to limit environmental exposure, and how to manage contaminated property. New sections include information on electromagnetic fields, lead and radon, liability of trustees, and a discussion of different types of insurance. The book also features numerous forms, checklists, and practice pointers." -publisher's description

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The scope of what qualifies as environmental litigation is huge, covering a complex array of federal and state statutes, hundreds of common-law rules, and thousands of pages of regulations. Furthermore, this area of litigation is growing at a tremendous pace as a result of evolving issues such as climate change litigation and as practitioners deal with the increasing number of environmental cases decided by the Supreme Court. This updated and fully revised second edition of Environmental Litigation: Law and Strategy provides experienced guidance on the most critical areas in this rapidly-changing area of the law. The book's focus is on how environmental issues are addressed and resolved through litigation. Including extensive citations to statutes and regulatory programs cited, the book is organized around environmental topics—civil enforcement, criminal enforcement, citizen suits, and so on—rather than specific statutes or regulations. Environmental litigation requires a…

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While each state establishes the rules of legal ethics applicable to the practice of law in that jurisdiction, states generally start from the ABA Model Rules of Professional Conduct in formulating the rules for lawyers in that state. The common law and statutory law continue to play an important role in how lawyers should analyze challenges that arise in practice in fulfilling their professional duties. Environmental practice can seem to involve an endless stream of ethical problems. These issues should always be taken seriously, but the need for cautious and thorough analysis of ethical questions is of paramount importance when issues of safety are implicated. Ethics and Environmental Practice deals with the critical questions that face the environmental lawyer, and considers the major issues relating to ethics challenges, including: Developing an awareness of ethics issues Conflicts of interest Confidentiality Special issues of competency Multijurisdictional and multidisciplinary …

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Earth Day is April 22nd, and you may be wondering what you can do to make a positive impact on the planet. This title, by lawyer and environmentalist Jason Czarnezki, discusses personal decisions that have the best (and worst!) outcomes for the environment.

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This compendium focuses on the law applicable to toxic exposure claims—i.e., claims of alleged harm caused to person or property by exposure to dangerous substances—across all fifty states and the District of Columbia. This a broad area of the law that is constantly evolving with advances in manufacturing, science, and technology, and can present unique statute of limitations issues. This book provides a valuable overview of the relevant claims and defenses in each state, and will be a useful resource for anyone involved in this type of litigation. Topics covered include: Negligence Strict liability Breach of warranty Statute of limitations Product identification requirements Standard for challenging expert testimony Asbestos litigation

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An exploration of the challenging political and societal issues facing agricultural policy and modern food systems through the lens of environmental protection laws.

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Saving money. Using resources wisely. Building more durable projects that require less maintenance and upkeep. Protecting water supplies, trees, and farmland. These are all noble goals--but what if they could be pursued in one project? How do communities and private developers work collaboratively, to meet public and private interests and to create spaces where people want to live and work? Sustainable development is intended to prevent the permanent damage or loss of resources as well as incorporating methods that reduce the rate of consumption of resources. In its many forms, sustainable development and environmentalism are increasingly important for commercial, governmental, and social issues. Helping meet the need for current, accessible information on this growing area of law and practice, Foundations of Sustainable Development provides a hands-on guide to understanding sustainable development concepts and projects. Written for both public and private entities embarking upon sus…

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A vast body of U.S. law relevant to climate change has developed since publication of the first edition of Global Climate Change and U.S. Law in 2007, even while Congress has failed to pass a new comprehensive statute to address the climate challenge. This domestic legal regime, covered comprehensively in this updated volume, consists of federal greenhouse gas regulations issued under the Clean Air Act and federal energy efficiency statutes, new disclosure requirements imposed under the securities laws, as well as a variety of state and local initiatives and common law decisions by the courts. Recognizing that climate change is largely an energy problem, this edition adds a completely new section on energy regulation. Additional chapters now cover cap-and-trade regimes, climate-related water issues, agriculture and forestry, and the use of non-climate international agreements to reduce emissions and address climate impacts. The final new section focuses on issues previously seen as m…

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An analysis of the political consequences of special district governance in drinking water management that offers new insights into the influence of political structures on local policymaking.

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Focused mainly on a business and energy development perspective, this 2019 Continuing Legal Education course addresses various issues that an attorney may encounter in their current environmental law practice. Topics include overviews of state and federal regulatory and permitting processes, rights and regulations on oil and gas production, and a summary of laws protecting natural resources.

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"Historic Preservation Law in a Nutshell provides the leading in-depth summary of historic preservation law within its local, state, tribal, federal, and international contexts. Historic preservation is a burgeoning area of law that includes aspects of property, land use, environmental, constitutional, cultural resources, international, and Native American law. This book covers the primary federal statutes, and many facets of state statutes, dealing with the protection and preservation of historic resources. It also includes key topics like the designation process, federal agency obligations, local regulation, takings and other constitutional concerns, and real estate development issues. Click here to read a book review of the first edition from the National Trust for Historic Preservation." - publisher's description

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Hydraulic Fracturing identifies the major legal issues raised by hydraulic fracturing, including the transactional, regulatory, and litigation issues that are most relevant to the real estate and environmental law practitioner. In addition, the authors thoughtfully discuss the current state of the law relating to hydraulic fracturing while providing invaluable practical suggestions to lawyers representing clients in real property transactions.

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Institutional controls are designed to reduce or eliminate potential exposure to certain chemicals, prevent activities that may interfere with a response action, and to ensure that "no significant risk" is posed to human health and the environment. Institutional controls take a wide variety of forms, such as easements, restrictive covenants, equitable servitudes, environmental covenants, zoning, building permits, well-drilling prohibitions, contractual agreements (such as permits and consent decrees), and informational devices. This second edition of Implementing Institutional Controls at Brownfields and Other Contaminated Sites examines the substantial strides that have been made over the past decade to improve regulators' and practitioners' awareness and understanding of institutional control issues. In particular, nearly half the states have now adopted the Uniform Environmental Covenants Act (UECA) since its promulgation as a model state law in 2003. Now fully updated and signifi…

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"This well received book, informed by its interdisciplinary framework, succinctly yet accurately traverses and illuminates the full gamut of international environmental issues, laws and policies challenging the world today. The sixth edition responds to important developments arising subsequent to the fifth edition, relating, inter alia, to sustainable development, climate change, and energy. These developments include the Sustainable Development Goals (SDGs) of 2015, the 2015 Paris Agreement on Climate Change that replaced the Kyoto Protocol, and the challenges posed by renewable energy and global poverty. In sum, the book offers a synoptic overview, and instructive analysis of the relevant treaties, customary law, and soft law instruments governing all areas of international environmental law." - publisher's description

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This casebook explores water pollution and the federal statute chiefly designed to control it, the Clean Water Act, and examines how water pollution is addressed, first by the common law and then by statute.

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Designed primarily for the classroom, the book takes a comprehensive approach to the teaching of planning and zoning law, regulatory takings, and environmental topics.

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"This book analyzes all significant aspects of management of lands and resources owned by the federal government, focusing on the national parks, the national forests, the national wildlife refuges, and the remaining public lands. It provides a brief historical overview of public land law in the United States and analyzes the constitutional basis for ownership and regulation of federal lands and natural resources. It covers the statutory basis for determining appropriate uses for federal lands and for assessment of the environmental impacts of activities on those lands. It also analyzes the rules governing planning and management of the water, mineral, timber, range, wildlife, recreation, and preservation resources on federal lands. Finally, it covers important recent public land law developments — in Congress, in the land management agencies, and in the courts." - publisher's description

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Over the last 20 years, the complexity and cost of natural resource damages (NRD) cases has continued to grow. Recognizing this rapidly expanding area of the law, Natural Resource Damages: A Guide to Litigating and Resolving NRD Cases provides a guide for companies, attorneys, trustees, and consultants on how to value, litigate, and resolve these cases.With a combined 30 years of experience handling some of the largest and most complex NRD cases in the country, the book explores the jurisprudence, litigation strategy, and paths toward cost effective resolution of NRD matters. In addition, this valuable resource provides an annotated compilation of published caselaw, consent decrees, cooperative assessment agreements, administrative record submissions, and other materials. The authors provide a quantitative analysis of all key NRD settlements (under both CERLCA and OPA) to allow companies and trustees to properly assess their own cases in the context of prior results. In addition, the…

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" This treatise is a thorough assessment of the important and growing field of natural resources law. It provides comprehensive coverage of the laws, policies, and decision-making processes pertinent to the “core” commodity natural resources – rangeland, timber, mineral resources, energy resources, and water. It also covers the management and protection of non-commodity resources, such as wildlife, wilderness, and other types of preservation and recreation lands. As an essential addition to any environmental, natural resources, or public lands library, the book puts natural resources law in context with a review of the National Environmental Policy Act, a history of natural resources use and regulation, as well as a user-friendly description of resource economics." -publisher's description

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The National Environmental Policy Act (NEPA) affects all areas of environmental protection. ELI's updated NEPA Deskbook, 4th Edition, presents NEPA, along with supporting and related documents, and provides analysis of NEPA's provisions and their requirements.

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With the passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act on June 22, 2016, the main body of chemical management law in the United States changed dramatically. This guide summarizes the new law, highlights the changes that will have the greatest impact, and offers pertinent analysis on the implementation of the new law.

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This book is a compilation of selected papers from the 2012 workshop to exchange ideas and develop strategies for implementing a "Next Generation" approach to environmental enforcement and compliance.

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Providing an excellent and current resource for understanding the complexities of ocean and coastal law and policy, this updated edition of an ABA bestseller brings together the expertise of the country's leading scholars and practitioners in the field of ocean and coastal law. Covering the full array of issues involved—from maritime jurisdiction and boundaries to water quality protection to fisheries management and marine mammal protection to offshore energy development and climate change—each chapter addresses the current state of the law for the topic, followed by analysis of the emerging and unresolved issues. Its final chapters address the principles, legal authorities, and planning for a transition toward an ecosystem-based management approach to U.S. coastal and ocean areas.

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This is the treatise on law relating to oil and gas transactions, containing treatment of: conveyancing, oil and gas leases, implied covenants, pooling and unitization, division and transfer orders, and gas purchase contracts; taxation, accounting techniques, financial administration; drafting instruments, making title examinations, administering estates, preparing wills and trusts; and forms adaptable to any situation. The price quoted for the work covers one year's worth of sevice.

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"This Hornbook, a revision of the Hemingway Hornbook, is the most comprehensive one-volume work on oil and gas law and taxation available today. For over three decades, Professor Richard Hemingway’s prior editions of this seminal work provided guidance to courts, lawyers, commentators, and students. Six distinguished scholars, Professors Anderson, Dzienkowski, Lowe, Peroni, Pierce, and Smith, have joined together to co-author a new version of this classic treatise. As a one-volume treatise, this work covers the substantive law of oil and gas and federal income taxation of oil and gas transactions. The first two chapters examine the mineral interest/estate and related transactions. The third chapter covers trespass and related issues. The fourth chapter covers adverse possession and dormant minerals. Chapters five through eight examine in detail the oil and gas lease. Chapter nine addresses transfers by the lessor and the lessee. Chapters ten through twelve are devoted to oil and gas ta…

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"This text provides authoritative coverage of the legal rules that govern the development of privately owned mineral rights, which often also apply to government-owned resources. It covers topics such as the nature, protection, and conveyance of oil and gas rights, leasing, and taxation." - publisher's description

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PGEM provides readers with the firm grounding in history necessary to put environmental issues in context and a practical map to avoid the pitfalls and capitalize on the potential rewards inherent in the field.

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Principles of Constitutional Environmental Law offers a comprehensive account and analysis of the growing -- and increasingly important -- intersection of constitutional and environmental law. Chapters are written with the goal of providing an accessible account of emerging constitutional issues valuable to academics and practitioners alike. Each chapter begins with a practice tip relevant to the material that follows, and ends with a case study that provides the story behind a case mentioned earlier in the chapter. The book begins with the editor's introduction to the field of constitutional environmental law, illuminating the canon of case law that interprets the Constitution in innumerable environmental contexts. Chapter authors are drawn from private practice, academics, and government, providing an invaluable and balanced resource for virtually any constitutional question that may arise in environmental law.

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"Written in a conversational tone, this book familiarizes readers with the basic mechanics of the major environmental statutes, including, among others, the Clean Water Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act, the National Environmental Policy Act, and the Endangered Species Act. It also includes a separate chapter on how these environmental statutes are enforced by the Government and through citizen suits." - publisher's description

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Principles of Natural Resources covers the full range of legal issues involving natural and environmental resources. It is ideal for professors, practitioners, and students as a concise summary of the relevant law.

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"This Concise Hornbook is a comprehensive, user-friendly review of the full range of important natural resources law issues. It surveys cases, statutes, regulations, legal developments, and policies that have shaped, and will continue to influence, natural resources law throughout the 20th century and the early 21st century. Topics include resource economics, jurisdictional and litigation constraints, the National Environment Policy Act (NEPA), public lands, wildlife, preservation, recreation, rangeland, timber, mining, and energy." - publisher's description

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The Proceedings of the Institute on Oil and Gas Law, part of The Institute for Energy Law of The Center for American and International Law's continuing education program, provide expert guidance on current legal issues involving the oil, gas, and energy industries. Published annually in condensed and edited form, with an index and table of cases, the proceedings offer oil, gas, and energy practitioners practical ideas and solutions for dealing with the impact of new laws and regulations.

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A close look at the historical struggle of local governments to balance land development with natural resource conservation.

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This volume presents a collection of papers from experts in the field articulating a wide range of thoughtful ways in which various conceptions of sustainability need to be re-examined, refined, or articulated in greater detail to address these challenges.

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The Deskbook combines expert analysis and key statutory and policy materials, resulting in a user-friendly reference source that provides a thorough grounding in Superfund law and policy.

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This longtime ELI bestseller will assist those who are commenting on drafts of their own agency's, organization's, or client's documents as well as those participating in the public comment periods available under many environmental laws.

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CERLCA creates a significant barrier to the redevelopment of brownfield sites, as "parties can be held liable for the entire costs of cleanup, even if they purchased the property after the contamination occurred or were otherwise innocent parties." As a result, developers have been forced to avoid the 450,000 brownfield sites nationwide. The Bona Fide Prospective Purchaser Defense, A Guide For Lawyers, Second Edition encompasses the relevant guidance documents published by U.S. Environmental Protection Agency and provides analysis of the key judicial decisions interpreting the Brownfields Amendments. This information allows the practitioner who is dealing with such issues to have all of resources he or she needs to advise a client. Even the most experienced practitioner will benefit from this book, as the issues and concepts associated with transactions involving contaminated properties have changed over the years and are continually evolving. Chapters include: CERCLA and the bona …

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Covering the entire Clean Air Act statute, this handbook brings together the experience of more than 30 private and public sector practitioners to explain how the CAA is both implemented and practiced. The book addresses all essential topics, from government programs to civil and criminal enforcement and judicial review, making it an ideal reference for the experienced as well as the more general environmental lawyer.

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Most parts of the economy—manufacturing, mining, construction, municipalities—generate and discharge process wastewater and/or stormwater. Those discharges are extensively regulated under the Clean Water Act through a collaborative federal and state program of facility permits and regulatory standards. This updated guide is a definitive practical resource to the provisions and complexities of the federal Clean Water Act (CWA) and how it continues to evolve. Written by 21 of the country's most knowledgeable experts on the CWA, The Clean Water Act Handbook is a compilation of their experience in understanding this complex statute and its implementing regulations and guidelines. Beginning with an overview of the law's provisions and pertinent regulation and enforcement issues, subsequent chapters address specific issues, such as:• NPDES permits Control of publicly owned treatment works Requirements applicable to indirect discharges The regulation of wetlands and the impact …

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The laws that attempt to reduce climate change are well known. But what about laws to deal with the climate change that will occur regardless of these efforts? The Law of Adaptation to Climate Change takes a sweeping look at the current and proposed legal aspects of coping with climate change--from drought, extreme precipitation, heat waves, and wild fires to global shifts in temperature, sea level, water and food supply, coastal conditions, infrastructure, ecosystems, and human health and economies. Applicable laws exist at all levels (international, national, state, local) and in different forms (constitutions, statutes, agency regulations, judicial decisions, private agreements, voluntary guidelines); they are not only uncoordinated but collectively embody numerous contradictions and inevitable gaps. This state-of-the-art compendium examines how laws are being modified, finessed, or imagined to deal with the impacts of climate change, both in the United States and around the globe. …

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Agriculture is one of America's leading industries, generating $835 billion in economic activity in 2014—about 5 percent of the nation's gross domestic product—and employing more than 9 percent of the nation's workforce. Yet until now, there's been no single volume on the law of agricultural land preservation. This book covers the legal principles, federal and state legal requirements, and legal issues that have arisen in the implementation of public and private agricultural preservation programs, federal tax and estate laws, court cases, and landowner financial issues and options that affect agricultural land preservation efforts. Agricultural land preservation can help farmers and ranchers by providing needed capital to strengthen the profitability of the agricultural operation, facilitate the transfer of the farm or ranch to the next generation, and offer an alternative to selling land for development. This book provides practical, current guidance for attorneys advising…

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Written and organized to clearly explain the role that efficiency and renewables will play in combating climate change, this book covers energy efficiency laws at federal, state, and local levels. Topics range from tax and nontax incentives to the use of energy in different sectors and various renewable energy sources. Includes 50-state survey of actions on energy efficiency and renewables.

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"The law of hazardous wastes and toxic substances is complex and constantly changing. It is a specialized field involving the overlap of law, science, economics, and the public policy it presents. This text covers the risks involved with and the regulation of the production, sale, use, and disposal of toxic substances. In addition, it briefly explores the special problems of nuclear materials." -publisher's description

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"This publication treats both private and public relationships in pooling and unitization of oil and gas properties, as well as the antitrust aspects of pooling and unitization, pooling clauses, and state-by-state analysis." - publisher's description

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The National Environmental Policy Act (NEPA) introduced the environmental impact statement, transformed decision making by federal agencies, and spurred the growth of an extensive body of environmental law. The NEPA Litigation Guide takes a close look at the litigation of NEPA cases, including jurisdiction and related issues, standard and scope of judicial review, and the specific concerns of litigators. Written by experienced practitioners and scholars, this comprehensive guide identifies key NEPA issues and offers solutions to the challenges faced in practice. This revised second edition includes a new chapter on climate change and its relationship to the NEPA process; the updated chapters highlight recent cases and provide information on new policies, such as monitoring and mitigation, from the Council on Environmental Quality (CEQ), the body created by the statute to provide guidance and oversight to other federal agencies on NEPA compliance. Throughout the book, experts summariz…

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Focusing on the "cradle-to-grave" program for managing hazardous wastes under the Resource Conservation and Recovery Act (RCRA), this updated edition of The RCRA Practice Manual is a comprehensive yet easy-to-use guide to an extraordinarily complex area of environmental law. This manual clearly explains this dynamic law, its background, regulatory structure and procedures, and the implications RCRA has for your client or company. Chapters are written by an impressive roster of environmental lawyers who practice extensively in this area, and the authors offer practical suggestions and guidance to minimize the risk of penalty and to soften the blow when liability cannot be avoided. There have been numerous developments since the second edition, and every chapter has been updated to address the important new interpretations of RCRA. Among the new developments covered are decisions in cases involving the definition of hazardous waste, EPA over-filing, citizen suits, cost recovery, and pr…

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Written by members of the ABA Section of Litigation’s Energy Litigation committee, this multi-author book addresses the vast new wave of litigation issues resulting from the fast-paced and unconventional growth of the shale gas industry. The book begins with an overview of the geology, exploration, drilling and production of shale plays, and introduces the shale plays and their individual properties regionally. Next, the book identifies common litigation issues in shale plays. These include: recovery of personal injury and property damages related to hydraulic fracturing; lawsuits between governmental entities; and challenges to disclosure regulations related to the chemicals used in hydraulic fracturing. The third chapter highlights common contractual disputes related to royalties, pooling and unitization, and implied covenants to market and for further development. Water rights and water use are the central topic of the book’s concluding chapter. Competition for water and a signifi…

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This is a practical guidebook to current CERCLA litigation, written by an experienced attorney who specializes in this area of law. Because it emphasizes the practitioner's needs for focused, case-oriented information, The Superfund Manual avoids presenting an exhaustive analysis of every issue that has been litigated, nor does it serve as a comprehensive repository of every case that addresses these issues. Instead, it casts light on those cases and issues viewed as central to Superfund litigation. Its key summaries of the state of the law under CERCLA are interspersed with "practice tips" intended to offer deeper insights into key litigation issues under the statute. Topics covered include: Government response authority under Section 104 of CERCLA Remedy selection standards and remedy selection procedures Abatement authority under Section 106 Liability issues, including causation, defenses, and types of recoverable costs Settlement Judicial review Organizing PRPs at multiparty…

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The Sustainability Handbook provides a blueprint on how organizations of all sizes can reach or exceed economic, social and environmental excellence.

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Interest in urban agriculture continues to flourish, and as a result more communities are faced with the demand for a variety of agricultural activities within the urban environment. Urban Agriculture is a current, practical resource on all aspects of agricultural activities within non-rural settings, ranging from neighborhood gardens to commercial farming operations. This book addresses many of the land use, environmental, and regulatory legal issues that confront local governments, property owners, businesses, nonprofit organizations, and neighborhood groups when addressing urban gardening or farming. In addition, the book's authors describe and analyze the experiences of specific urban areas, providing perspectives on these different approaches, from those that have been successful to the ones that have not, as well as activities not yet fully evaluated. Information is organized in five sections: —Part 1: The Context for Urban Agriculture —Part 2: Government Regulation o…

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"The new edition adds dozens of recent decisions and key statutory changes. Virtually every principal case in the leading casebooks is cited or discussed, making this book an excellent aid for students in any water law course. The revised edition deals with changes in evolving areas like groundwater-surface water conflicts, public recreational uses, instream flow protection, federal water development, takings claims, and water access and equity." -publisher's description

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While state law almost exclusively governs the allocation of surface waters in the United States, there are also reserved rights, an important class of water rights created by federal law. This book discusses the impact of federal environmental law on the use of water resources. Written by practitioners in private practice, government, and academia, each with extensive experience in the area, the book begins by looking at the rights to use water based on both state and federal law, as well as the issues involved in waters that cross state boundaries and in the shared control of water between the U.S. and Mexico and Canada. Further exploring the extent of federal environmental law impacts on water rights, the book discusses the federal agencies with major water use impacts, including the U.S. Bureau of Reclamation, the U.S. Army Corps of Engineers, and other agencies whose actions, particularly projects they operate or lands that they manage and regulate, have a considerable impact on s…

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The Wetlands Deskbook organizes wetlands law for the novice and experts and provides all the background materials needed. This Fourth Edition includes updates on the most recent court decisions, agency policies, and regulations, such as implications for endangered species and the U.S. Department of the Interior mitigation strategies.

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