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The Fourth Edition is updated to take account of new developments in the law, new regulations, and new cases. The most comprehensive updates are found in Chapter Four on the Clean Air Act and Chapter Five on the Clean Water Act. Chapter Four has been reorganized to provide professors and students with a new comprehensive section on climate change, including the EPA's many regulatory efforts to address greenhouse gas emissions from both mobile and stationary sources, critical U.S. Supreme Court decisions, and an overview of the Clean Power Plan, which is in litigation as the Fourth Edition goes to press. Chapter 5 includes a new approach to the "waters of the United States" element of Clean Water Act jurisdiction. This section now summarizes key U.S. Supreme Court interpretations from Riverside Bayview Homes, SWANCC, and Rapanos, then provides an overview of both the June 2015 "waters of the United States" rule and the litigation challenging that rule, emphasizing the key issues. Chapter Five now also includes an expanded discussion of stormwater and the two new U.S. Supreme Court cases on Clean Water Act jurisdiction over stormwater.

As was true in the Third Edition, the Fourth Edition continues to increase the number of "The Rest of the Story" notes after cases. These notes trace the context and the aftermath of cases and their continuing implications. In addition, by Fall 2016, adopters of the Fourth Edition will have access to fully updated Power Point slides and a new Teachers Manual with links to videos and other teaching materials for use in class.

For more information and additional teaching materials, visit the companion site.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 05/20/2016

Robin Kundis Craig, University of Southern California Gould School of Law

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The most comprehensive updates are found in Chapter four and Chapter Five. In addition, the Introduction now includes the Oregon "Children's Trust" climate change decision, as an example of how the common law can still push the boundaries of environmental law. The case also exemplifies how important procedure is to environmental litigation.

The textbook also includes discussion of all important U.S. Supreme Court environmental decisions since; updates on major regulations, such as the EPA's coal ash rule for RCRA; and updates on continuing environmental issues (like the delta smelt under the ESA) and agency policy.

Learn more about this series.