1st Edition

Environmental Law from the Policy Perspective Understanding How Legal Frameworks Influence Environmental Problem Solving

By Chad J. McGuire Copyright 2014
    326 Pages 34 B/W Illustrations
    by Routledge

    Most books on environment law focus on the law first, and then look at how environmental problems are dealt with in relation to the law. Taking a fresh approach, Environmental Law from the Policy Perspective: Understanding How Legal Frameworks Influence Environmental Problem Solving examines environmental problems first, followed by an examination of legal frameworks and how they impact environmental issues. This approach provides a clearer understanding of the relationship between the law and environment by examining environmental issues from an applied perspective.

    By first focusing on environmental problems without constraining the analysis to a particular legal framework, this book fosters a more holistic discussion of environmental issues that include scientific, social, economic, and political contexts. It examines how laws affect the adaptation of policy, how policy is legitimized into statutory law, and how the law is impacted in practice. The text then underscores how interpretation of the law affects its application to different factual settings.

    Written by an environmental law expert who teaches environmental law to those not trained in legal theory, the book provides insights into the way environmental issues are "ingested" into a legal process. The author demystifies environmental law as a concept by applying it through the lens of environmental problem solving. Once you have a clear picture of the role legal frameworks have in managing environmental issues, you will be able to take a deeper policy-oriented approach to environmental problems.

    Introduction
    References

    Understanding the Subject Matter
    Introduction
    The Environment
    Environmental Problems
    Role of Law in Environmental Problems
    Conclusion
    References

    Legal Frameworks in Environmental Law
    Introduction
    Types of Law
    Hierarchy of Law
    Legislative Frameworks
    Executive Frameworks
    Judicial Frameworks and the Role of Judicial Review
    Conclusion
    References

    Applications of Environmental Law
    Introduction
    Preventive versus Reactionary Considerations
    Planning for Environmental Harm: National Environmental Policy Act (NEPA)
    Externalization as the Cause of Environmental Harm: Pollution
    Mitigating the Impacts of Environmental Harm: Biodiversity Protection
    Environmental Harm and Spatial Considerations: Land Use
    Conclusion
    References
    Index

    Biography

    Chad J. McGuire