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The Practice and Policy of Environmental Law, 4th is the only environmental law book on the market that includes a significant focus on the practice of environmental law. Part I of the book covers all the major environmental law regulatory programs: Endangered Species Act, Clean Water Act, Clean Air Act, CERCLA, RCRA, NEPA, Public Lands, and Climate Change. Part II then takes that foundation and uses cases, materials, and problem exercises to immerse the student in the key practice realms of environmental law: rulemaking and permitting, compliance counseling, enforcement, private litigation, and business transactions.

Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 12/02/2016

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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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.