The Practice and Policy of Environmental Law

J. B. Ruhl, Vanderbilt University Law School

John Copeland Nagle, Notre Dame Law School

James E. Salzman, University of California-L.A. School of Law

Alexandra Klass, University of Michigan Law School

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Table of Contents

Teacher's Manual

Public Resources

Sample Syllabus

Supplemental Materials

Changes throughout this edition include:

Chapter 2 (endangered species): The authors added Markle Interests v. United States Fish & Wildlife Service, 2016 U.S. App. LEXIS 12066 (5th Cir. 2016), explaining how the Endangered Species Act’s critical habitat provisions apply on private land.

Chapter 3 (air): This edition adds a discussion of Michigan v. EPA, 135 S. Ct. 2699 (2015), a discussion of new ozone NAAQS in 2015, the authors deleted problem exercise involving lead NAAQs, a primary case of EPA v. Homer City Generation, 134 S. Ct. 1584 (2014), a discussion of Cross-State Air Pollution Rule, a discussion of 2015 New Source Performance Standard for GHG emissions from new fossil-fuel powered electric generating plants, a discussion of EPA's Clean Power Plant for existing electric generating plants, a main case of Utility Air Regulation Group v. EPA, 134 S. Ct. 2427 (2014),as well as the deletion a main case of Environmental Defense v. Duke Energy, 549 U.S. 561 (2007) in favor of a note.

Chapter 4 (water): The authors added substantial updates on state regulation of groundwater resources and information on the Chesapeake Bay TMDL; a new section on the Safe Drinking Water Act and the Flint, Michigan drinking water crisis; a discussion of the Waters of the United States rule governing wetlands; extensive new coverage in the public trust section of Robinson Township v. Commonwealth of Pennsylvania, 623 Pa. 564 (Pa. 2013) and update of the atmospheric trust litigation initiative.

Chapter 5 (waste): This edition adds updates to the definition of solid waste rule under RCRA, EPA's "e-manifest" system for hazardous waste; a discussion of Second Circuit "Act of War" defense to CERCLA in 9/11 case; extensive note discussion of CTS Corp v. Waldburger, 134 S. Ct. 2175 (2014) and CERCLA statutes of limitation.

Chapter 8 (climate change): This edition includes an excerpt of the Paris Agreement negotiated in furtherance of the United Nations Framework Convention on Climate Change in December, 2015; two new cases illustrating the tension between renewable energy projects and environmental protections for public lands: Oregon Natural Desert Association v. Jewell, 2016 U.S. App. LEXIS 9642 (9th Cir. 2016), and Protect Our Communities Foundation v. Jewell, 2016 U.S. App. LEXIS 10269 (9th Cir. 2016).

Chapter 9 (rulemaking and permitting): The authors added a note on mitigation with analysis of the 2015 Presidential Memorandum.

Learn more about this series.