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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