Principles of Constitutional Environmental Law
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Principles of Constitutional Environmental Law

Co-published with the Environmental Law Institute
Product Availability: This product is currently out of stock, but can be placed on backorder.
Principles of Constitutional Environmental Law
Product Code: 5350220
Editor: James R. May
Publication Date: August 26, 2011
ISBN: 978-1-61438-087-0
Page Count: 476
Trim Size: 7 x 10 Paperback
Sponsoring Entities: Section of Environment, Energy, and Resources
Topics: Constitutional Law, Energy & Natural Resources Law
Format: Book - 5350220
Other Formats: eBook - 5350220EBK
Pricing: $89.95 (Regular)
$79.95 (Section of Environment, Energy, and Resources) ABA Members, Log in now to receive this discount!
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About Principles of Constitutional Environmental Law

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. Chapters are organized in these areas for ease of reference:
  • Part 1: Federal and state authority respecting environmental law and policy
  • Part 2: Judicial review
  • Part 3: Individual rights in the environmental context
  • Part 4: Emerging constitutional issues in environmental law
Table of Contents and Chapter Authors

Foreword: The Missing Constitution - Oliver A. Houck
Chapter 1. Introduction: The Intersection of Constitutional and Environmental Law - James R. May

Part One: Federal and State Authority
Chapter 2. The Commerce Clause: Foundation for U.S. Environmental Law - Bruce Myers and Jay Austin
Chapter 3. The Nondelegation Doctrine - Patricia Ross McCubbin and George B. Wyeth
Chapter 4. Executive Power, the Constitution, and the Environment: The Take Care Clause and the Unitary Executive - Robert L. Glicksman
Chapter 5. Environmental Federalism - Jim Wedeking
Chapter 6. The Dormant Commerce Clause and the Environment - Sam Kalen
Chapter 7. Federal Preemption of State and Local Environmental Laws - Norman A. Dupont

Part Two: Judicial Review
Chapter 8. Standing and Environmental Law - Robin Kundis Craig
Chapter 9. The Political Question Doctrine - James R. May

Part Three: Individual Rights
Chapter 10. AThe Takings Clause and Environmental Law - Karl S. Coplan
Chapter 11: Due Process Challenges - Robin Kundis Craig

Part Four: Emerging Constitutional Issues in Environmental Law
Chapter 12. Environmental Rights in State Constitutions - James R. May and William Romanowicz
Chapter 13. Constitutional Environmental Rights Worldwide - James R. May and Erin Daly
Chapter 14. Using Environmental Property Rights to Shape Constitutional Law - Daniel A. Farber
Chapter 15. Constitutional Influences on Climate Litigation - Lee A. DeHihns, III
Praise for Principles of Constitutional Environmental Law

"An excellent and up-to-date primer for practitioners who happen to bump up against constitutional issues in environmental law cases, with some important comments in the final chapters on emerging issues in the field."

Mark Tushnet
William Nelson Cromwell Professor of Law, Harvard Law School

"This book is a vital resource for those who seek to understand the growing intersection between environmental and constitutional law. It will serve both practitioners and scholars as an essential volume illuminating both practical issues and thorny theoretical questions. A must-have for anyone interested in these issues."

Caroline Fredrickson
President, American Constitution Society for Law and Policy

"The Supreme Court has described the United States Constitution as a covenant connecting generations of Americans across time. A more suitable metaphor for environmental law can scarcely be imagined. Teaching environmental law with an echo of the infinite demands a set of materials that reflect the loftiest and most durable ambitions of our constitutional system. Jim May's Principles of Constitutional Environmental Law provides the ideal pedagogical charter for imagining, outlining, and ultimately achieving this dream of enshrining environmental principles in the United States Constitution."

Jim Chen, Dean and Professor of Law, University of Louisville
More Information

Summary of Contents PDF
Contents PDF
Preface PDF
Foreword PDF
About the Editor PDF
About the Contributors PDF
Chapter 1: Introduction PDF

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