Syllabus 1: Detailed Syllabus

Syllabus 2: Comprehensive Syllabus

Syllabus 3: Less Toxics, More Water, NEPA, ESA, International

Syllabus 4: Hazardous Waste And Toxics Seminar

Syllabus 5: Starting With Clean Air

DETAILED SYLLABUS

This is the standard syllabus used by Professor Percival to teach a 3-credit Environmental Law course. (Fall 2006).

COURSE OVERVIEW AND OBJECTIVES

This course focuses on how legal institutions have been used to respond to environmental problems. While the common law had been used for centuries to address highly visible pollution problems, in the last 35 years the public law of environmental protection has grown dramatically to become a vast and complex field of law. Given its vast scope and enormous complexity, environmental law cannot possibly be covered comprehensively in a one-semester survey course. Thus, this course is designed to provide a basic introduction to the most important concepts in environmental law through selective coverage of topics. Many topics that are not covered in depth are the subjects of seminars that students are encouraged to take.

This course begins with an introduction to environmental problems and the values that animate environmental protection policy. It then provides a structural overview of environmental law, tracing the legal system's transition from the common law to the modern regulatory state and reviewing issues of federalism and regulatory policy implicated by this development.

After examining how the regulatory process operates, the course then focuses on the problems regulatory policy faces in seeking to prevent harm in the face of scientific uncertainty and the question of how precautionary regulatory policy should be. It examines the principal models for determining how stringently to regulate and burden-shifting and informational approaches to regulation. The course examines the difficulty of implementing regulatory legislation by focusing first on federal hazardous waste legislation (the Resource Conservation and Recovery Act). The course then contrasts this regulatory approach with the liability approach employed by Comprehensive Environmental Response, Compensation, and Liability Act, which broadly extends principles of strict liability to broad classes of parties associated with releases of hazardous substances.

The course then reviews the structure of federal air and water pollution control programs, focusing on the questions whether the Clean Air Act should be used to regulate emissions of greenhouse gases and whether it delegates too much power to EPA. The course then considers the controversy over the jurisdictional reach of the Clean Water Act. This is followed by exploration of constitutional limits on land use regulations to protect the environment and a review of the National Environmental Policy Act, which requires federal agencies to assess and to consider the environmental consequences of major federal actions, and the Endangered Species Act, which seeks to preserve biodiversity. The course concludes by returning to the law of environmental standing before examining the rapidly developing field of international environmental law.

Students in this course can expect to develop enhanced skills and knowledge in five major areas: (1) Students should gain a good understanding of the basic structure of environmental law, which will enable them to identify, and to assist in resolving, environmental law issues that they may encounter in their subsequent professional lives. (2) Because most federal environmental law is the product of legislation, students will have the opportunity to develop and enhance statutory analysis and interpretation skills. (3) Students should gain a basic understanding of the regulatory process that is used by administrative agencies to develop and promulgate regulations. (4) This course will explore how principles of constitutional law affect the regulatory authority of Congress and the states. (5) Students should develop an enhanced ability to critique regulatory policy choices.

COURSE BLACKBOARD WEBSITE

This course will be using the Blackboard system. The course website posted on the Blackboard contains all the information that you will need for this class. In addition to this syllabus, the website contains a Discussion Board and External Links to webpages that will provide additional information about the subjects covered in this course. After you have completed the assigned reading for each class, you are invited to respond briefly to a question for the class which will be posted on the Discussion Board. These responses will help jump-start our in-class discussion and, as students have discovered in the past, they ultimately provide excellent preparation for the final exam.

COURSE MATERIALS

REQUIRED
(1) Percival, Schroeder, Miller & Leape, Environmental Regulation: Law, Science & Policy (Aspen, 5th ed. 2006). This is the latest edition of what has been the most widely used environmental law casebook in the country.

(2) Environmental Law: Statutory and Case Supplement and Internet Guide 2006-2007 (Aspen 2006). This statutory and case supplement contains the text of the principal federal environmental statutes, outlines of the principal provisions of the statutes, and legislative history timelines organized in the same chapter format as the casebook, as well as excerpts from important recent court decisions. It also contains a guide for finding additional research material on environmental regulation on the internet.

I apologize in advance for the price of these books. I have complained to both the bookstore and my publisher about their prices, but to no avail. You may be able to order the books more cheaply online. While I have no control over the prices of the books, in keeping with law school tradition, because the professor is the principal author of the required course materials, all royalties earned from the class's purchase of the books will be used to fund a spectacular winetasting party for environmental law students, which will be held on Friday, November 11 at 6:30pm in Westminster Hall. Current environmental law students and alums of the environmental law program will be able to attend this party for free.

FOR MORE INFORMATION
Casebook Website: The professor also maintains a casebook website that contains information about pending cases, photos of the sites of famous environmental cases, and updates based on events that occurred after publication of the latest edition of the casebook (organized by casebook chapter). The website, which is located at: www.law.umaryland.edu/environment/casebook, also contains links to other webpages that can help you explore subjects in the casebook in more detail and photographs of some of the sites of famous environmental cases. Students are encouraged to use the website to learn more about topics that interest them. They also are encouraged to recommend to the professor other websites they have discovered that provide useful additional information on the subjects covered in the casebook.

CLASS PREPARATION

Most of the material to be covered in this course is well-sited to the lecture and discussion method of teaching. Lectures generally will not be designed to repeat the material in the assigned readings, but rather to provide an additional perspective on it. However, since the professor is the principal author of the casebook, it should come as no surprise if the material covered in class tends to follow the casebook rather closely. Class discussion of the material is important and students should be prepared to be called upon in class, particularly those students who do not volunteer regularly to participate in class discussions.

To provide a focal point for class discussion, the professor has framed a question for each class session. To prepare for class, the professor invites students to use the Discussion Board on the Blackboard website to post a response to the question after you have completed the reading for a class, but before the class meets. This will enable the professor to get a better idea of how you are grasping the assigned reading and it will facilitate class discussion. Students also are encouraged to use the Discussion Board to raise questions and to discuss issues that arise in class, in the readings, or in the news. Students also may email the professor directly with questions.

SMALL GROUP PROJECTS

Each member of the class will be asked to participate in one ungraded project on a topic selected in consultation with the professor. Students will be asked either to participate in a small group film project or to individually prepare a brief (3-page) paper answering a question about environmental law. Students opting for the small group assignments are asked to make a short film (5 to 7 minutes in length) to present the group's position on an important environmental policy issue that is the subject of current controversy. For the past four years the students, working in groups of three to six students, have produced wonderful and creative films. These films were highlighted at a conference on Law and Film held at the Law School last April.

For the past three years Professor Percival has organized an independent panel of judges who vote to award several prizes ("golden tree" awards) to the best films in various categories. The awards are presented at the school’s annual environmental film festival in March. A non-exhaustive list of potential topics for films will be placed in the Course Documents section of this website. To assist the small groups in making this year’s films, on October 16, student filmmakers from past classes will make an in-class presentation to provide you with help and advice on your projects.

Students may film themselves (or film interviews with others) using the Environmental Law Program's digital video equipment and digital videotape that will be provided by the professor. The groups will be able to edit their video with the assistance of the professor using either iMovie, Final Cut Express, or Final Cut Pro (if any student is experienced with this program), which are available on the Environmental Law Program's iMac and PowerMac. This exercise, which will not be graded, is designed to give everyone the experience of trying to translate and communicate often complex issues of legal policy into a form that lay persons can understand. Past years' students have found that it opened some new horizons for them and it also has enabled the professor to write more knowledgeable (and much more interesting) recommendations for many students.

Those students who elect not to participate in a film project may instead write a 3-page memo responding to one of the Discussion Board questions or another question selected in consultation with the professor. This assignment also will be ungraded. Both projects should be completed by the last day of class (Weds. Dec. 6).

GRADING POLICY

Your final grade in the course will be determined by your grade on the final exam. The final exam will consist of essay questions based on material in the assigned readings and any material presented in class. During the exam, students may consult their notes and the required or recommended course materials, but no other materials (e.g., treatises or nutshells) may be brought to the exam. Student positing on the Discussion Board of the course website will not be graded, but past experience has demonstrated that students who respond to the discussion questions with regularity find themselves much better prepared for the final exam.

SUPREME COURT FIELD TRIP

Each year we try to schedule a field trip to the U.S. Supreme Court to watch the oral argument in an environmental case. Following the argument, students are invited to come to Professor Percival's home, located a few blocks from the Court, for a luncheon buffet. This year the Court will be hearing at least two very important environmental cases involving the Clean Air Act. It is likely that at least one of the arguments will be held in November. As soon as they are scheduled we will announce plans for this year’s field trip..

COURSE OUTLINE,
ASSIGNMENTS AND DISCUSSION QUESTIONS

CHAPTER 1: ENVIRONMENTAL VALUES

MONDAY AUGUST 28: Introduction to the Course, Environmental Problems and Environmental Values.
ASSIGNMENT: Assignment: Read: pp. 3-26 and 864-868 in Percival, et al., Environmental Regulation: Law, Science & Policy, and the articles “Invisible Export: A Hidden Cost of China’s Growth - Mercury Migration” and "Save the Whales - Then What?" in the Course Documents section of this website. Please respond to the one of the following two questions: "What can the U.S. do to control mercury pollution from China?" or "Should the international moratorium on commercial whaling be lifted?" on the Discussion Board of this Blackboard website.

WEDS. AUGUST 30: The Rationale for Collective Action, Who Should Speak for the Environment?
ASSIGNMENT: Read pp. 49-60 and 977-985 in the casebook and respond on the Discussion Board to the question: Should trees have standing, as Justice William O. Douglas advocated in his dissent in Sierra Club v. Morton (page 977)?

MON. SEPT. 4: LABOR DAY - NO CLASS

CHAPTER 2: ENVIRONMENTAL LAW: A STRUCTURAL OVERVIEW

WEDS. SEPT. 6: The Common Law Roots of Environmental Law, Private and Public Nuisance.
ASSIGNMENT: (1) Read pp. 61-87 in the casebook and (2) skim the complaint in Connecticut v. American Electric Power in the Course Documents section of this website and respond on the Discussion Board to the question: Could states suing electric utilities for operating power plants that emit carbon dioxide, a greenhouse gas that contributes to global warming and climate change, be able to hold the utilities liable for creating a public nuisance?

MON. SEPT. 11: The Rise of the Regulatory State and Environmental Federalism -- Environmental Legislation and Preemption of Federal Common Law
ASSIGNMENT: Read (1) pp. 88-116 in the casebook and (2) pp. 864-865 of the Statutory and Case Supplement and respond to the Discussion Board question: Should states be able to regulate emissions of greenhouse gases that contribute to global warming and climate change or should such regulation be preempted by the federal government’s decision not to regulate such emissions?

WEDS. SEPT. 13: The Regulatory Process
ASSIGNMENT: Read (1) pp. 116-126 and pp. 144-164 in the casebook and respond to the question: Can the President legally prevent the EPA Administrator from issuing regulations that he believes will be too costly for companies whose management contributes heavily to his political party?

CHAPTER 3: PREVENTING HARM IN THE FACE OF UNCERTAINTY

MON. SEPT. 18: Risk Regulation in the Face of Uncertainty: How Precautionary Should Regulatory Policy Be and What Risks Are Worth Regulating?
ASSIGNMENT: Read pp. 167-196 in the casebook and respond to the question: If it can be shown today that the fibers from the taconite tailings dumped into Lake Superior do not cause cancer, does this mean that the 8th Circuit reached the wrong result in Reserve Mining?

WEDS. SEPT. 20: How Safe Is "Safe"?: Cost/Benefit Balancing and the Asbestos Ban.
ASSIGNMENT: Read (1) pp. 230-253 in the casebook, (2) pp. 261-263 in the Statutory and Case Supplement, and (3) §§ 6(a)-(c) of TSCA on pp. 276-278 of the Statutory and Case Supplement and respond to the question: In light of the Corrosion Proof Fittings decision, what must EPA show before it could ban a substance like asbestos, and how difficult would it be to make such a showing?

MON. SEPT. 25: Regulation through Revelation: Proposition 65 and EPCRA
ASSIGNMENT: Read (1) pp. 288-308 in the casebook and (2) pp. 457-458 and pp. 478-482 in the Statutory and Case Supplement and respond to the questions: In what significant ways does Proposition 65 (California's Safe Drinking Water and Toxic Enforcement Act) differ from the other regulatory statutes to control toxics that we have studied? Should Proposition 65 be enacted at the federal level?

CHAPTER 4 – REGULATION OF WASTE MANAGEMENT

WEDS. SEPT. 27: RCRA and the Definition of Solid Waste
ASSIGNMENT: Read (1) pp. 319-341 in the casebook, (2) pp. 65-67 in the Statutory and Case Supplement, (3) §1004(27) of RCRA on pp. 72-73 of the Statutory and Case Supplement and (4) the article on CO2 Sequestration in the Course Documents section of this website and respond to the question: How should "solid waste" be defined? Would carbon dioxide injected into the earth in order to sequester it be considered a "solid waste" for purposes of RCRA?

MON. OCT. 2: Introduction to CERCLA, Liability of Property Owners and Generators
ASSIGNMENT: Read (1) pp. 366-370, 374-381, and pp. 391-401 in the casebook, (2) pp. 162-163 in the Statutory and Case Supplement, and (3) §§ 107(a), 107(b), 107(o), 107(p) & 107(r) of CERCLA on pp. 193-194, 200-201, and 202-203 of the Statutory and Case Supplement and respond to the following questions: Is it fair for CERCLA to hold current owners of property liable for response costs when they did not own the property at the time hazardous substances were disposed there? Would the Small Business Liability Relief and Brownfields Revitalization Act (pp. 380-381) change the result in Shore Realty (p. 375 of the casebook)?

CHAPTER 5 – AIR POLLUTION CONTROL

WEDS. OCT. 4: Introduction to the Clean Air Act and National Ambient Air Quality Standards
ASSIGNMENT: Read (1) pp. 470-482 in the casebook, (2) CAA §§108 & 109 on pp. 502-504 of the Statutory and Case Supplement, and (3) the D.C. Circuit’s July 2005 decision in Massachusetts v. EPA, posted in the Course Documents section of this website, and respond to the following questions: Who is right in Massachusetts v. EPA: Judge Sentelle, Judge Randolph, or Judge Tatel? How will the U.S. Supreme Court rule when it decides this case?

MON. OCT. 9: Revising the NAAQSs, the Nondelegation Doctrine, Attainment and Nonattainment.
ASSIGNMENT: Read (1) pp. 482-500 and pp. 510-514 in the casebook, (2) Reread CAA §109 on p. 504 of the Statutory and Case Supplement,

WEDS. OCT. 11: New Source Review
ASSIGNMENT: Read pp. 514-534 of the casebook, and respond to the question: How should the U.S. Supreme Court rule in the Duke Energy case?

MON. OCT. 16: Communicating Environmental Policy Issues to the Public -- Small Group Film Project Planning (Guest Speakers: Filmmakers from Previous Years’ Classes)
ASSIGNMENT: (1) Visit the links in the Resources section of this website on "A Short Course in Making Movies" and "How to Shoot Film". (2) If you are participating in a small group film project, meet with your small group prior to class. Class session will include presentations by filmmakers from previous year's classes.

WEDS. OCT 18: NO CLASS SESSION – WORK ON YOUR SMALL GROUP OR INDEPENDENT PROJECTS ASSIGNMENT:
Select a topic for your small film group or independent paper project and post on the Discussion Board a description of the tentative topic of your film or paper.

CHAPTER 6 – WATER POLLUTION CONTROL

MON. OCT. 23: Introduction to the Clean Water Act and the Scope of Federal Authority to Regulate Water Pollution.
ASSIGNMENT: Read (1) pp. 590-616 in the casebook, (2) pp. 735--737 in the Statutory and Case Supplement, and (3) CWA §502(7) on p. 862 of the Statutory and Case Supplement and respond to the question: Does the federal government have the constitutional authority to regulate isolated wetlands?

WEDS. OCT. 25: Regulation of Point Sources
ASSIGNMENT: Read (1) pp. 616-644 in the casebook, (2) §502(12) and 502(14) on p. 862 of the Statutory and Case Supplement and respond to the questions: In light of the Court's Miccosukee decision, under what circumstances, if any, could an NPDES permit be required for activities that move pollutants within a single body of water? What should be considered to constitute a single body of water?

MON. OCT. 30: Water Quality Standards, Protection of Wetlands and the §404 Program
ASSIGNMENT: Read (1) pp. 660-665, pp. 684-694, and pp. 695-702 in the casebook, and (2) CWA §§ 302 and 303 on pp. 798-802 of the Statutory and Case Supplement.

CHAPTER 7 – LAND USE REGULATION

WEDS. NOV. 1: Land Use Regulation and Introduction to Regulatory Takings
ASSIGNMENT: Read pp. 710--737 in the casebook and respond to the question: Should the federal government adopt new legislation to regulate land use on a national basis?

MON. NOV. 6: The Revival of Regulatory Takings Jurisprudence
ASSIGNMENT: Read pp. 737-762 in the casebook and respond to the following question: If David Lucas, the plaintiff in Lucas v. South Carolina Coastal Council (p. 739), had sold his property at a substantial loss instead of suing for a regulatory taking could the purchaser of the land have brought a successful takings claim?

WEDS. NOV. 8: Regulatory Exactions, Temporary Takings, and the Demise of the “Substantially Advance” Test
ASSIGNMENT: Read pp. 762-787 in the casebook and respond to the question: Does the demise of the “substantially advance” test undermine the Nollan/Dolan doctrine on regulatory exactions. How persuasive is the Lingle Court’s effort to distinguish these cases which previously appeared to be founded on the now discredited “substantially advance” language in Agins v. City of Tiburon?

CHAPTER 8 – ENVIRONMENTAL ASSESSMENT

MON. NOV. 13: Introduction to NEPA and Assessment of Environmental Impacts.
ASSIGNMENT: Read pp. 795-805, pp. 823-838, and pp. 855-857 and respond to the questions: (1) In light of DOT v. Public Citizen (p. 832) what is the primary purpose of NEPA's EIS requirement? (2) In light of the terrorist attacks on Sept. 11, 2001, should environmental impact statements for the construction of new nuclear power plants include an assessment of the risks of terrorist attacks?

CHAPTER 10: ENVIRONMENTAL ENFORCEMENT

WEDS. NOV. 15: Criminal Enforcement of Federal Environmental Law ASSIGNMENT: Read (1) pp. 937-938, pp. 947-950, and pp. 962-977 in the case book and (2) CWA §309(c) on pp. 811-813 of the Statutory and Case Supplement and respond to the question: What would be the consequences of requiring specific, rather than general, intent to prove a criminal violation of the Clean Water Act?

MON. NOV. 20: Standing, Citizen Access to the Courts and Citizen Suits.
ASSIGNMENT: Read pp. 985-997, pp. 998-1005, and pp. 1014-1024 in the casebook and respond to the question: Who, if anyone, would have standing to sue to challenge the failure of federal agencies to regulate emissions of greenhouse gases that contribute to global warming and climate change?

WEDS. NOV. 22: NO CLASS DUE TO THANKSGIVING HOLIDAY

CHAPTER 9 – BIODIVERSITY PROTECTION

MON. NOV. 27: Introduction to the Endangered Species Act and the Constitutional Reach of Federal Authority to Protect Biodiversity (GUEST LECTURER: Joanna Goger)
ASSIGNMENT: Read (1) pp. 868-898 in the casebook, (2) pp. 961-963 in the Statutory and Case Supplement, and (3) ESA §7 on pp. 973-979 in the Statutory and Case Supplement and respond to the questions: Is federal constitutional authority to protect biodiversity at its weakest when exercised to protect the most endangered species who never cross state lines? Does Congress have the constitutional authority to prohibit "noneconomic" activity from killing an endangered species that is found solely in one state?

WEDS. NOV. 29: Section 9 of the ESA and the Ban on “Takes” of Endangered Species (GUEST LECTURER: Joanna Goger)
ASSIGNMENT: Read (1) pp. 915-931 in the casebook and (2) ESA §9 on pp. 980-982 in the Statutory and Case Supplement and ESA §3(19) on p. 966 of the Statutory and Case Supplement and respond to the questions in the problem exercise on pp. 931.

CHAPTER 11 – PROTECTION OF THE GLOBAL ENVIRONMENT

MON. DEC. 4: Introduction to International Environmental Law and Protection of the Global Atmosphere
ASSIGNMENT: Read pp. 1039-1047, and pp. 1050-1072 in the casebook and respond to the question: Can the success of the Montreal Protocol serve as a useful model for global efforts to control greenhouse gas emissions to combat global warming and climate change?

WEDS. DEC. 6: SMALL GROUP FILM PROJECTS WILL BE SHOWN IN CLASS

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SYLLABUS 2 – COMPREHENSIVE COVERAGE

(Class Number, Topic, Page Number)

Introduction

Waste Management and Pollution Prevention

Regulation of Toxic Substances

Air Pollution Control

Environmental Assessment

29. Introduction to NEPA and the EIS Requirement 783-803, 821-831
30. Adequacy of EISs, How Well Has NEPA Worked 831-852

Biodiversity Protection

31. Rationale for Preserving Biodiversity, Introduction to the Endangered Species Act 853-887
32. Protecting Endangered Species Against Private Action 904-921

Environmental Enforcement

33. Detecting Violations, Enforcement Authorities and Policies 931-957
34. Criminal Enforcement 957-973
35. Standing and Citizen Access to the Courts 973-996
36. Citizen Suits 996-1028

Protection of the Global Environment

37. Introduction to International Environmental Law, 1034-1044; Protection of the Global Atmosphere 1046-1055
1061-1075
38. International Trade and the Environment 1075-1108

Conclusion

39. Environmental Progress, Environmental Prospects 1125-1153

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1. Polices, Problems, and Values 1-24
2. Economics and Ecology 24-57
3. Common Law Roots 59-85
4. Statutory Law 85-111
5. Regulation and its Alternatives, Regulatory Options 111-141
6. The Regulatory Process 141-160

Waste Management and Pollution Prevention

7. Statutory Authorities Affecting Waste Management 169-197
8. Identifying Hazardous Waste, Household Waste Exclusion, Subtitle D 197-223
9. Introduction to CERCLA, CERCLA Liability, Responsible Parties 223-240
10. CERCLA Liability: Operators and Generators 240-257
11. Strict, Joint and Several Liability and Allocation of Liability 257-288
12. Disposal Alternatives and Commerce Clause Limitations 288-316

Regulation of Toxic Substances

13. Introduction to Toxics Regulation & Risk-Benefit Balancing 333-360, 405-409
14. Risk Assessment, Feasibility-Limited Regulation & Health-Based Regulation 379-385, 425-455

Air Pollution Control

15. Introduction to CAA, Ambient Air Quality Standards 491-521
16. State Implementation Plans 521-536
17. Offsets, Bubbles, Emissions Trading and Interstate Pollution 536-552
18. Mobile Sources & Technology-Forcing 552-568

Water Pollution Control

19. Statutory Authorities for Protecting Water Quality 576-604
20. Effluent Limitations on Point Source Discharges 604-625
21. Variances, POTWs and Interstate Pollution 625-649
22. Individual Control Strategies, Section 401 Certification & TMDLs 649-673
23. Wetlands Protection and the Section 404 Program 673-700

Land Use Regulation and Regulatory Takings

24. Land Use and the Environment, state and Local Regulation of Land Use, Introduction to Regulatory Takings Law 701-725
25. The Modern Revival of Regulatory Takings Jurisprudence 725-773

Environmental Assessment

26. Introduction to NEPA and the EIS Requirement 783-803
27. Cumulative Impacts, the Significance Requirement and Environmental Assessment 803-831
28. Adequacy of EISs, How Well Has NEPA Worked 831-852

Biodiversity Protection

29. Rationale for Preserving Biodiversity, Introduction to the Endangered Species Act 853-887
30. Listing Process, Review of Federal Actions 887-904
31. Protecting Endangered Species Against Private Actions, Public Resource Management 904-930

Environmental Enforcement

32. Detecting Violations, Enforcement Authorities and Policies 931-957
33. Criminal Enforcement 957-973
34. Standing and Citizen Access to the Courts 973-996
35. Citizen Suits 996-1028

Protection of the Global Environment

36. Introduction to International Environmental Law, Protection of the Global Atmosphere 1033-1055
37. Global Climate Change: Legal and Policy Responses 1055-1075
38. International Trade and the Environment 1075-1108

Environmental Progress, Environmental Prospects

39. Environmental Progress, Environmental Prospects 1125-1153

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1. Polices, Problems, and Values 1-24
2. Economics and Ecology 24-57

Common Law Roots

3. Toxic Substance Problem; Common Law Causes of Action 333-341, 59-80
4. Common Law Causes of Action and the Rise of Regulatory Legislation 80-101

Regulation of Toxic Substances

5. Regulatory Options 111-141
6. The Regulatory Process 141-162
7. Statutory Authorities for Regulating Toxic Substances, Uncertainty and the Dilemma of Preventive Regulation 341-360
8. Coping with Uncertainty: The Road to Risk Assessment 360-379
9. Introduction to Risk Assessment, the Alar Controversy 379-405
10. How Safe is Safe?: Risk-Benefit Balancing (TSCA) 405-425
11. How Safe is Safe?: Feasibility-Limited Regulation (OSHA and SDWA) and Health-Based Limits (Delaney Clause) 425-455
12. Setting and Revising NAAQSs 491-521
13. Water Quality Standards, Individual Control Strategies and TMDLs 637-651, 662-673
14. How Safe is Safe?: Section 112 of the Clean Air Act, Comparative Risk 455-471
15. Informational and Burden Shifting Strategies 471-490

Waste Management and Pollution Prevention

16. Introduction to RCRA, Defining Hazardous Waste 174-197
17. Identifying Hazardous Waste, the Household Waste Exclusion 197-220
18. Introduction to CERCLA Liability, Responsible Parties 223-240
19. CERCLA Liability: Operators and Generators 240-257
20. Strict, Joint and Several Liability, Liability Allocation, Has Superfund Worked? 257-288
21. Disposal Alternatives and Commerce Clause Limitations 288-316
22. Flow Control, Siting Controversies and the Environmental Justice Movement 316-332
23. Protecting the Ozone Layer, International Trade in Hazardous Substances 1046-1055, 1096-1108

Enforcement

24. Detecting Violations, Enforcement Authorities and Policies 931-957
25. Criminal Enforcement 957-973

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Air Pollution Control

7. Introduction to CAA, Ambient Air Quality Standards 491-506
8. Revising National Ambient Air Quality Standards, State Implementation Plans 506-536
9. Offsets, Bubbles, Emissions Trading and Interstate Pollution 536-552
10. Mobile Sources & Technology-Forcing 552-568

Water Pollution Control

11. Introduction, Scope of Federal Authority 569-593
12. Federal Authority, Effluent Limitations on Point Sources 593-619
13. Effluent Limitations and Water Quality Standards 619-642
14. Impact of Water Quality Standards on Permit Limits 642-672
15. Wetlands Protection and the Section 404 Program 672-700

Land Use Regulation and Regulatory Takings

16. Land Use and the Environment, state and Local Regulation of Land Use, Introduction to Regulatory Takings Law 701-725
17. The Modern Revival of Regulatory Takings Jurisprudence 725-773

Environmental Assessment

18. Introduction to NEPA and the EIS Requirement 783-803
19. Cumulative Impacts, the Significance Requirement and Environmental Assessment 803-831
20. Adequacy of EISs, How Well Has NEPA Worked 831-852

Biodiversity Protection

21. Rationale for Preserving Biodiversity, Introduction to the Endangered Species Act 853-887
22. Listing Process, Review of Federal Actions 887-904
23. Protecting Endangered Species Against Private Actions, Public Resource Management 904-930

Waste Management and Pollution Prevention

24. Statutory Authorities Affecting Waste Management 169-197
25. Identifying Hazardous Waste, Household Waste Exclusion, Subtitle D 197-223
26. Introduction to CERCLA, CERCLA Liability, Responsible Parties 223-240
27. CERCLA Liability: Operators and Generators 240-257
28. Strict, Joint and Several Liability and Liability Allocation 257-288
29. Disposal Alternatives and Commerce Clause Limitations 288-316

Regulation of Toxic Substances

30. Introduction 333-360
31. The Road to Risk Assessment 360-379
32. Quantitative Risk Assessment 379-405
33. How Safe is Safe?: Risk-Benefit Balancing (TSCA) 405-425
34. How Safe is Safe?: Feasibility-Limited Regulation (OSHA and SDWA) and Health-Based limits (Delaney Clause, Air Toxics) 425-464
35. Evaluating QRA and Alternatives to Conventional Regulatory Approaches 464-490

Environmental Enforcement

36. Detecting Violations, Enforcement Authorities and Policies 931-957
37. Criminal Enforcement 957-973
38. Standing and Citizen Access to the Courts 973-996
39. Citizen Suits 996-1028

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