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| Preface | |
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| Environmental Policy and the Contours of Environmental Law | |
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| Economics and Environmental Regulation | |
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| The Common Law and Environmental Problems | |
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| The Development of Modern Federal Environmental Law | |
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| The Tools of Modern Environmental Law | |
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| Environmental Law and Federalism | |
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| Environmental Law and the Administrative State | |
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| Enforcement in Environmental Regulation | |
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| Environmental Justice | |
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| Chapter Recap | |
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| Environmental Regulation, Constitutional Law, and Administrative Law | |
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| Constitutional Law | |
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| Commerce Clause | |
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| Dormant Commerce Clause | |
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| Supremacy Clause | |
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| Eminent Domain and the Takings Clause | |
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| Administrative Law | |
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| Promulgating Regulations | |
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| Other Agency Responsibilities: Administrative Adjudication and Enforcement | |
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| Interpreting Statutes and Regulations | |
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| Chapter Recap | |
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| The Regulation of Air Pollution: The Clean Air Act | |
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| Categories of Sources | |
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| NAAQS | |
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| State Implementation Plans | |
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| SIP Calls | |
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| Sanctions for Inadequate SIPs | |
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| Specific Federal Programs | |
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| Requirements Based on the Area's Ambient Air Quality | |
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| Nonattainment | |
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| Prevention of Significant Deterioration | |
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| New Source Review | |
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| Hazardous Air Pollutants | |
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| Sulfur Dioxide Emissions Trading | |
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| Regulation of Interstate Pollution Transport | |
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| State Freedom to Regulate Beyond the Clean Air Act | |
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| Title V Permitting | |
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| Mobile Sources | |
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| The Clean Air Act and International Law | |
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| Chapter Recap | |
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| The Regulation of Water Pollution: The Clean Water Act | |
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| Clean Water Act | |
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| Goals | |
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| The Federalism of the Clean Water Act: "Waters of the United States" | |
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| Point Sources versus Nonpoint Sources | |
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| Point Source Regulation and NPDES Permits | |
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| Effluent Limitations Under Section 402 Permits | |
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| Nonpoint Sources | |
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| State Freedom to Regulate Beyond the Clean Water Act | |
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| Water Quality Standards | |
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| TMDLs | |
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| Water Quality Standards and Interstate Considerations | |
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| The Clean Water Act and Foreign Disputes | |
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| Section 401 Certification | |
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| Section 404 Permitting | |
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| Safe Drinking Water Act | |
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| Chapter Recap | |
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| The Regulation of Hazardous Wastes: RCRA and CERCLA | |
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| Solid Waste | |
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| Hazardous Waste | |
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| RCRA - Substantive Requirements | |
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| Generators | |
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| Transporters | |
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| TSDFs | |
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| Landfill Regulation | |
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| Cercla | |
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| Hazardous Substances | |
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| Responses to Releases and Substantial Threats of Releases | |
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| Cercla Liability | |
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| Overview | |
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| Scope | |
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| Who Is Liable? | |
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| The Nature of Liability | |
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| Defenses | |
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| Severability and Contributors of Small Amounts | |
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| CERCLA Exceptions: Lenders | |
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| CERCLA Exceptions: Innocent Landowners | |
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| The Future of CERCLA Sites and the Problem of Brownfields | |
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| Other Federal Regulation of Hazardous Substances | |
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| Chapter Recap | |
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| The Protection of Endangered and Threatened Species: The Endangered Species Act | |
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| Administration of the ESA | |
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| Listing Species | |
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| Controversy over Listing | |
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| Downlistings and Delistings | |
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| Designation of Critical Habitat | |
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| ESA Restrictions | |
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| Restrictions on Federal Government Action: Consultation | |
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| Irrelevance of Cost and the Availability of Injunctive Relief | |
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| Exemptions from ESA Coverage | |
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| Restrictions on Public and Private Actions | |
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| Protection of Endangered Plants | |
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| Protection of Threatened Species | |
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| Incidental Take Permits | |
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| Chapter Recap | |
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| Introduction Environmental Concerns to Government Decision Making: NEPA | |
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| NEPA-Introduction | |
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| Overview of NEPA Procedure | |
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| When Must an EIS Be Prepared? | |
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| What Is a Major Federal Action? | |
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| When Does a Major Federal Action Significantly Affect the Human Environment? - Substance | |
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| When Does a Major Federal Action Significantly Affect the Human Environment? - Procedure | |
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| Timing of the EIS | |
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| EIS Adequacy | |
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| Other Federal Information-Based Regulatory Provisions | |
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| Chapter Recap | |
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| Methods of Enforcement | |
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| Government Enforcement of the Environmental Laws Against Alleged Violators | |
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| Administrative Enforcement | |
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| Civil Enforcement | |
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| Calculating Penalties | |
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| Criminal Enforcement | |
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| Citizen Suits - Introduction | |
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| Citizen Suits Against EPA | |
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| Citizen Suits Against Violators | |
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| Standing | |
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| Executive and Legislative Control over EPA | |
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| Executive Branch Control over EPA | |
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| Legislative Branch Control over EPA | |
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| Chapter Recap | |
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| Regulation of the Environment at the International Level | |
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| The Genesis of International Environmental Law | |
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| International Environmental Treaty Regimes | |
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| Ozone Depletion, the Vienna Convention, and the Montreal Protocol | |
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| Global Warming, the Framework Convention for Climate Change, and the Kyoto Protocol | |
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| The Relevance of Domestic Law | |
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| Chapter Recap | |
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| Glossary | |
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| Index | |