What Can Animal Law Learn from Environmental Law?

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Author: Randall S. Abate

Publisher: N.A

ISBN: 9781585761760

Category:

Page: 496

View: 1632

"When either animalists or environmentalists get together and talk about "issues" that are important to them, there is almost no overlap in the topics. There is always the common point, that some humans or corporations are causing the harms they are concerned about, but that is not particularly helpful to solving problems. So the groups go about their good work without reaching out to others, as they seldom share priorities in a world of limited resources."--From the foreword by David S. Favre, Professor of Law & The Nancy Heathcote Professor of Property and Animal Law, Michigan State University College of Law This edited volume by Professor Randall S. Abate of Florida A&M University College of Law presents a collection of 17 chapters in an attempt to fill the gap--as illustrated above--between the complex legal issues that matter most to environmental law and animal law movements. Environmental law has a longer history and is more established than its animal law counterpart with intricate layers of international, federal, state, and local laws. Animal law currently faces many of the legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold in U.S. and international law and, as such, stands to gain valuable insights from the lessons of the environmental law movement's experience in confronting those challenges. These chapters compare the very different trajectories of the regulatory history of both movements, examining the legal intersections that may exist across them. Prof. Abate draws on the talents of 22 experts in their fields from academia, non-profits, and the legal profession to examine the ways in which animal rights and welfare law can benefit from environmental law. The chapters address various contexts and perspectives from U.S. law, foreign domestic law, and international law on substantive issues including climate change, international trade and the environment, concentrated animal feeding operations, invasive species, lead pollution, and fisheries management, and procedural issues including standing and damages. The book concludes with two chapters that offer a vision for the future regarding how animal law can learn from environmental law and how the two movements can better coordinate their common objectives. Reviews: "This is a path-breaking collection of thoughtful essays on the relationship between traditional environmental law and the emerging law of animal rights and welfare. Indeed these closely reasoned accounts show how intertwined are the strands of law that comprise these seemingly disparate fields. In a human dominated world the book is a useful reminder that hubris can lead to catastrophe for all forms of life on earth."--Patrick Parenteau, Professor of Law, Senior Counsel Environmental and Natural Resources Law Clinic, Vermont Law School "Professor Abate's book is an extremely valuable contribution. It's an excellent compendium of environmental laws and treaties pertinent to animal welfare, as well as lessons that the more developed field of environmental law may present for the emerging field of animal law."--Dr. Wil Burns Co-Executive Director, Forum for Climate Engineering Assessment and Chair, Environmental Law Section of the International Law Association "This book contains a valuable, well-written, and incisive collection of essays by outstanding experts in the fields of environmental and animal law. It deserves a place on the bookshelves of all animal rights and environmental law attorneys and anyone else who believes that our natural surroundings, and the living creatures which inhabit it, deserve to be valued and protected."--Joel Mintz, Professor of Law, Nova Southeastern University Shepard Broad Law Center "Always up for a challenge, Professor Abate has gathered together an impressive group of Animal Law experts and asked them to climb a very steep mountai

Climate Justice

Case Studies in Global and Regional Governance Challenges

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Author: Randall Abate

Publisher: N.A

ISBN: 9781585761814

Category:

Page: 715

View: 4317

Climate change is one of the most complex political, social, and environmental issues of this century, and climate change adaptation has become an increasingly large focus of global efforts. The international community's attention on adaptation has been primarily focused on developing countries' needs, with consensus that the world's most vulnerable communities-the urban and rural poor, low-lying island nations, and indigenous peoples-require additional protection. It was in response to this need for equity that "climate justice" emerged. Climate justice can be defined generally as addressing the disproportionate burden of climate change impacts on poor and marginalized communities. It seeks to promote more equitable allocation of the burdens of these impacts at the local, national, and global levels through proactive regulatory initiatives and reactive judicial remedies that draw on international human rights and domestic environmental justice theories. Yet, efforts to define climate justice as a field of inquiry can be elusive and underinclusive because the concept is so vast in scope. Climate Justice: Case Studies in Global and Regional Governance Challenges seeks to fill that void, providing an overview of the landscape of climate justice from a variety of legal and geographic perspectives in a case study format. Drawing on the expertise of 29 contributors from 16 countries, the book analyzes climate justice from an international law perspective and from the perspectives of legal responses to promote climate justice in several regions of the world, including Pacific island nations, South Asia, North America, Africa, and the Middle East. It addresses proposed solutions to a range of regulatory obstacles under international law, U.S. law, and foreign domestic law in seeking to promote climate justice on a global scale.

The Sustainability Handbook

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Author: William R. Blackburn

Publisher: Earthscan

ISBN: 1849773297

Category: Business & Economics

Page: 822

View: 368

The Sustainability Handbook covers all the challenges, complexities and benefits of sustainability for businesses, governments and other organizations. It provides a blueprint for how organizations can reach or exceed economic, social and environmental excellence. It offers a host of practical approaches and tools including a model sustainability policy for organizations, summaries of sustainability codes and tips on selecting them, an extensive collection of metrics and a wealth of supplementary reference material. This is the essential reference for every organization in pursuit of sustainability.

The Clean Water Act TMDL Program

Law, Policy, and Implementation

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Author: Oliver A. Houck

Publisher: Environmental Law Institute

ISBN: 9781585760381

Category: Law

Page: 362

View: 8642

The Total Maximum Daily Load (TMDL) program is becoming a fact of life for many industries, the EPA, and state and local agencies. Make sure that you know all there is to know about the TMDL requirements of clean water legislation! This is the definitive guide—newly revised and updated to include new chapters, information, and appendices.

Environmental Law

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Author: Lisa Johnson,Frona Powell

Publisher: Cengage Learning

ISBN: 1305464923

Category: Business & Economics

Page: 448

View: 4470

With the most current coverage available, ENVIRONMENTAL LAW explains the basic foundations that are essential to understanding how law applies to the natural environment. In addition to thorough coverage of common law, constitutional law, dispute resolution, and administrative law, the text addresses environmental topics like air pollution, water pollution, endangered species, and hazardous waste disposal as well as the corresponding laws−the Clean Air Act, the Clean Water Act, the Endangered Species Act, and RCRA. In addition, an entire chapter is devoted to the rapidly growing field of animal law. ENVIRONMENTAL LAW is an excellent resource for anyone wanting to understand current law as it relates to the environment and pending issues to be resolved. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Research Methods in Environmental Law

A Handbook

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Author: Andreas Philippopoulos-Mihalopoulos,Victoria Brooks

Publisher: Edward Elgar Publishing

ISBN: 1784712574

Category:

Page: 608

View: 6019

This timely Handbook brings innovative, free-thinking and radical approaches to research methods in environmental law. With a comprehensive approach it brings together key concepts such as sustainability, climate change, activism, education and Actor-Network Theory. It considers how the Anthropocene subjects environmental law to critique, and to the needs of the variety of bodies, human and non-human, that require its protection. This much-needed book provides a theoretically informed analysis of methodological approaches in the discipline, such as constitutional analysis, rights-based approaches, spatial/geographical analysis, immersive methodologies and autoethnography, which will aid in the practical critique and re-imagining of Environmental Law.

Animal Law

New Perspectives on Teaching Traditional Law ; a Context and Practice Casebook

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Author: Kathy Hessler,Joyce Tischler,Pamela D. Hart,Sonia Waisman

Publisher: N.A

ISBN: 9781611630923

Category: Animal welfare

Page: 955

View: 4772

This book offers animal law cases as a new lens through which law professors and students may explore core legal concepts across a broad range of courses, including contracts, criminal law, torts, property, constitutional law, commercial law, wills and trusts, domestic relations, environmental law, evidence, patent and tax law. This book helps law professors easily add a new perspective to cases they may already teach, and to incorporate new applications of legal concepts with the addition of animal law cases and conversation.

Environmental Justice

Legal Theory and Practice

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Author: Barry E. Hill

Publisher: Environmental Law Institute

ISBN: 9781585761241

Category: Law

Page: 482

View: 7112

Environmental risks and harms affect certain geographic areas and populations more than others. The environmental justice movement is aimed at having the public and private sectors address this disproportionate burden of risk and exposure to pollution in minority and/or low-income communities, and for those communities to be engaged in the decision-making processes. Environmental Justice provides an overview of this defining problem and explores the growth of the environmental justice movement. It analyzes the complex mixture of environmental laws and civil rights legal theories adopted in environmental justice litigation. Teachers will have online access to the more than 100 page Teachers Manual.

Improving Compliance with International Environmental Law

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Author: Jacob Werksman,James Cameron,Peter Roderick

Publisher: Routledge

ISBN: 1134170610

Category: Political Science

Page: 360

View: 2908

Measures for regulating the behaviour of nation states in relation to the global environment have increasingly taken the form of international treaties and conventions. Many have argued that this has proved to be an ineffective way of halting unsustainable development, for the provisions of these agreements are either too weak or are flouted regularly by the parties concerned. This volume seeks to address the crucial question of how compliance with these agreements could be encouraged effectively without damaging the fragile political consensus that is emerging on environmental issues. With extensive use of case studies, Improving Compliance will make stimulating reading for all students and researchers working in this area, as well as for anyone concerned about the effectiveness of international environmental measures.

Environmental Law and the Ecosystem Approach

Maintaining ecological integrity through consistency in law

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Author: Froukje Maria Platjouw

Publisher: Routledge

ISBN: 1317293762

Category: Law

Page: 220

View: 4404

The ecosystem approach embodies a concept of the environment which emphasizes the integrated components of nature as complex adaptive systems. This book examines the relationship between the architecture and design of environmental law and the implementation of the ecosystem approach as a means to maintain ecological integrity. The main issue addressed is: in which manner and to what extent does fragmentation and administrative discretion in environmental law impede the implementation of an ecosystem approach? This is explored through analysis of several questions: what is an ecosystem approach and how could it be implemented; how can economic evaluation of ecosystem services contribute to the debate; to what extent is environmental law fragmented and how does this affect the implementation of the ecosystem approach; to what extent does environmental law contain administrative discretion and how does this affect the implementation of the ecosystem approach; is there a need for greater consistency, coherence and a stronger rule of law in environmental law in light of the ecosystem approach? The main focus is on Europe, with additional international comparisons where appropriate. The book concludes by providing a normative portrayal of future environmental law as protective, systemic and predictable.

Environmental Law in India

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Author: Mohammad Naseem

Publisher: Kluwer Law International

ISBN: 9041136339

Category: Law

Page: 330

View: 5888

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to legislation and practice concerning the environment in India. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principles of environmental law, environmental legislation, and the role of public authorities. The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for environmental lawyers handling cases affecting India. Academics and researchers, as well as business investors and the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative environmental law and policy.

Reinventing Environmental Enforcement and the State/federal Relationship

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Author: Clifford Rechtschaffen,David L. Markell

Publisher: Environmental Law Institute

ISBN: 9781585760435

Category: Law

Page: 450

View: 2797

One of the most controversial issues in environmental law and policy-and one that of considerable importance to the EPA-is the allocation of power and authority between the federal and state governments. The recent evolution in approaches of environmental enforcement highlights many of the tensions inherent in this debate. During the past several years, the federal and state governments have spent a good deal of energy attempting to "reinvent" their relationship. The shifts in federal/state enforcement relations are highly significant, with the potential to fundamentally reorder the division of authority that has existing over the past 25 years. This book thoroughly documents the changing nature of federal/state relations in enforcing environmental law. It breaks new ground in analyzing the federal/state enforcement relationship, particularly in light of the many recent developments that have occurred in this area. The author's findings provide important lessons about the interplay between federal and state efforts in other regulatory areas, and for the structure of federal/state relations generally. Professors Rechtschaffen's and Markell's clear, in-depth analysis will be essential reading for legal and regulatory experts, attorneys who are involved in environmental enforcement matters, the judiciary, legislators, political scientists, public policy experts, and anyone with an interest in environmental law and policy.

Canadian Perspectives on Animals and the Law

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Author: Vaughan Black,Peter J. Sankoff,Katie Sykes

Publisher: N.A

ISBN: 9781552213827

Category: Animal welfare

Page: 362

View: 6929

Canadian Perspectives on Animals and the Lawprovides an important new contribution to the debate on the legal status and treatment of animals in Canada. Twelve chapters by leading academics and practising lawyers address a range of doctrinal and conceptual questions, situating legal analysis in the broader context of ethical and philosophical debate about justice in human-animal relationships. Topics addressed include the Ikea monkey case, key shortcomings in Canada's animal cruelty law, the relationship between animal rights and the rights of Canada's indigenous peoples, and the emergence of animal protection in international law. This volume should be invaluable for scholars, practitioners and students eager to explore these matters in greater depth, and an excellent resource for law school courses on animals and the law.

Principles of Constitutional Environmental Law

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Author: James R. May

Publisher: Amer Bar Assn

ISBN: 9781614380870

Category: Law

Page: 442

View: 2715

Constitutional dimensions are at the heart of many environmental and energy law cases and policies. This comprehensive provides an authoritative account and analysis of the growing intersection of constitutional and environmental law, with chapters featuring a useful practice tip and concluding with a relevant case study. Beginning with an introduction to the field of constitutional environmental law, chapters examine federal and state authority respecting environmental law and policy; judicial review; individual; and emerging constitutional issues in environmental law.

Environmental Law and Policy

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Author: James Salzman,Barton H. Thompson

Publisher: Foundation Press

ISBN: 9781609303051

Category: Law

Page: 372

View: 3289

Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law. Written to be read pleasurably rather than used as a dry reference source, the authors provide a broad conceptual overview of environmental law while also explaining the major statutes and cases. The book is intended for three audiences - students (both graduate and undergraduate) seeking a readable study guide for their environmental law and policy courses; professors who do not use casebooks (relying on their own materials or case studies) but want an integrating text for their courses or want to include conceptual materials on the major legal issues; and practicing lawyers and environmental professionals who want a concise, readable overview of the field. For the fourth edition, to provide students a deeper understanding of how environmental law works in practice, a new Chapter has been written on Enforcement. A series of problem exercises have been added throughout the book, describing a legal or policy conflict in detail and asking students to identify and assess solutions. The first part of the book provides an engaging discussion of the major themes and issues that cross-cut environmental law. Starting with the first chapter's brief history of environmentalism in America, the second chapter goes on to explore the importance and implications of basic themes that occur in virtually all environmental conflicts, including scientific uncertainty, market failures, problems of scale, public choice theory, etc. It then presents three dominant perspectives in the field that drive policy development - environmental rights, utilitarianism, and environmental justice. Chapter Three fills in the remaining legal background for understanding environmental protection, reviewing the theory of instrument choice, the basics of administrative law, core concepts in constitutional law (e.g., takings, the commerce clause), and the doctrines associated with how citizen groups shape environmental law (such as standing). Chapter Four examines the practice and policy of monitoring compliance and enforcing the law. The second part of the book examines the substance of environmental law, with separate sections on each of the major statutes. International issues such as ozone depletion and climate change are also addressed. These chapters build on the themes and conceptual framework laid down in the first part of the text in order to integrate the discussion of individual statutes into a broad portrait of the law. The third part of the book describes natural resources law, discussing endangered species conservation, wetlands protection, water and energy issues. Part four addresses environmental impact statements and the National Environmental Policy Act.

International Farm Animal, Wildlife and Food Safety Law

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Author: Gabriela Steier,Kiran Patel

Publisher: Springer

ISBN: 3319180029

Category: Law

Page: 868

View: 7921

This volume is an inspiring and breakthrough piece of academic scholarship and the first of its kind featuring a comprehensive reader-friendly approach to teach the intricacies of the various aspects of international farm animal, wildlife conservation, food safety and environmental protection law. The selected focus areas are grouped in sections, such as agrobiodiversity, fishing and aquaculture, pollinators and pesticides, soil management, industrial animal production and transportation, and international food trade. Farm animal welfare, environmental protection, biodiversity conservation, and food safety are the core of the selected chapters. Every chapter provides real-world examples to make the complex field easy to understand. With its systematic approach, this book is devoted to anyone interested in the subject, becomes a valuable resource for professionals working in food regulation, and provides a solid foundation for courses and master’s programs in animal law, environmental policy, food and agriculture law, and regulation of these subjects around the world. Through its emphasis on sustainable food production, this work offers a cutting-edge selection of evolving topics at the heart of the pertinent discourse. As one of its highlights, this books also provides “Tools for Change,” a unique compilation and analysis of laws from the major farm animal product trading nations. With these tools, practitioners, advocates, policy makers and other state-holders are equipped with information to start work toward improving farm animal welfare, wildlife conservation, and food safety through the use of law and policy.

Environmental Health Law

An Introduction

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Author: Russellyn S. Carruth,Bernard D. Goldstein

Publisher: John Wiley & Sons

ISBN: 111842087X

Category: Medical

Page: 384

View: 3787

This important resource offers a comprehensive overview of the major U.S. environmental laws and approaches, strategies, standards, and enforcement techniques by which American law protects our environment and our health. Written for the non-lawyer, the book puts the spotlight on general concepts that go a long way to demystify the American legal system (what law consists of, who makes it, how it is made, and how it is enforced). The authors also introduce the major environmental laws and evaluate issues, controversies and developments in environmental policy.

Practicing Environmental Law

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Author: Todd Aagaard,David Owen,Justin Pidot

Publisher: Foundation Press

ISBN: 9781634593076

Category:

Page: N.A

View: 7936

Practicing Environmental Law brings the excitement of environmental law practice into the classroom. The book covers the traditional subject matter of an environmental law course, but in a new way. Each chapter includes multiple case study-style problems, which confront students with an environmental problem and a range of supporting materials. As students work through the book, they will develop an environmental justice advocacy strategy, decide whether to bring novel Clean Air Act litigation to address climate change, consider whether fireworks displays are point sources of water pollution, assess whether the Army Corps of Engineers must prepare an environmental impact statement for a new utility line, negotiate an enforcement settlement, and negotiate the contents of a landscape-scale habitat conservation plan-among many other exercises. They also will review, and use, affidavits, administrative orders and guidance documents, biological opinions, white papers, letters, and other document types, in addition to many statutory and regulatory excerpts and court cases. In short, they will simulate the work that environmental attorneys actually do. The casebook, along with the accompanying online self-assessment questions written by the authors, will teach you the basics of environmental law, and also help you gain deeper understanding of, and heightened enthusiasm for, a crucially important legal field.