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Environmental Litigation in China
This is a book about the improbable: seeking legal relief for pollution in contemporary China. In a country known for tight political control and ineffectual courts, Environmental Litigation in China unravels how everyday justice works: how judges make decisions, why lawyers take cases, and how international influence matters. It is a readable account of how the leadership's mixed signals and political ambivalence play out on the ground - propelling some, such as the village doctor who fought a chemical plant for more than a decade, even as others back away from risk. Yet this remarkable book shows that even in a country where expectations would be that law wouldn't much matter, environmental litigation provides a sliver of space for legal professionals to explore new roles and, in so doing, probe the boundary of what is politically possible.
eBook
Ducktown Smoke
It is hard to make a desert in a place that receives sixty inches
of rain each year. But after decades of copper mining, all that
remained of the old hardwood forests in the Ducktown Mining
District of the Southern Appalachian Mountains was a fifty-square
mile barren expanse of heavily gullied red hills--a landscape
created by sulfur dioxide smoke from copper smelting and
destructive logging practices. In Ducktown Smoke , Duncan
Maysilles examines this environmental disaster, one of the worst
the South has experienced, and its impact on environmental law and
Appalachian conservation. Beginning in 1896, the widening
destruction wrought in Tennessee, Georgia, and North Carolina by
Ducktown copper mining spawned hundreds of private lawsuits,
culminating in Georgia v. Tennessee Copper Co. , the U.S.
Supreme Court's first air pollution case. In its 1907 decision, the
Court recognized for the first time the sovereign right of
individual states to protect their natural resources from
transborder pollution, a foundational opinion in the formation of
American environmental law. Maysilles reveals how the Supreme Court
case brought together the disparate forces of agrarian populism,
industrial logging, and the forest conservation movement to set a
legal precedent that remains relevant in environmental law today.
eBook
Climate change litigation : regulatory pathways to cleaner energy
\"This examination of the role of litigation in addressing the problem of climate change focuses not only on how the massive and growing number of lawsuits influences regulation directly, but also on how the lawsuits shape corporate behaviour and public opinion. It provides readers with an understanding of how these lawsuits have shaped approaches to mitigation and adaptation, and have been used to try to force and to block regulation. There is a particular emphasis on lawsuits in the United States and Australia, the two jurisdictions which have had the most climate change litigation in the world, and the lessons provide broader insights into the role of courts in addressing climate change\"-- Provided by publisher.
Book
Natural resource damages : a guide to litigating and resolving NRD cases
Over the last 20 years, the complexity and cost of natural resource damages (NRD) cases has continued to grow. Recognizing this rapidly expanding area of the law, Natural Resource Damages: A Guide to Litigating and Resolving NRD Cases provides a guide for companies, attorneys, trustees, and consultants on how to value, litigate, and resolve these cases.With a combined 30 years of experience handling some of the largest and most complex NRD cases in the country, the book explores the jurisprudence, litigation strategy, and paths toward cost effective resolution of NRD matters. In addition, this valuable resource provides an annotated compilation of published caselaw, consent decrees, cooperative assessment agreements, administrative record submissions, and other materials. The authors provide a quantitative analysis of all key NRD settlements (under both CERLCA and OPA) to allow companies and trustees to properly assess their own cases in the context of prior results. In addition, the authors discuss the NRD regime in the European Union, including a review of the similarities and differences of the EU and United States approaches to environmental damages. Table of Contents Chapter 1: Introduction Chapter 2: NRD Statutes and Regulations Chapter 3: NRD Defenses: Legal, Evidentiary, and Procedural Chapter 4: NRD Assessments: Regulatory Framework Chapter 5: NRD Assessments: Valuation Methods Chapter 6: Cooperative NRD Assessments: Strategy and Mechanics Chapter 7: NRD Litigation: Strategy, Procedures, and Preparation Chapter 8: NRD Restoration: A Strategic Perspective Chapter 9: NRD Settlements Chapter 10: Complex Situations and Novel Approaches Chapter 11: The European NRD Regime Appendix, Table of Cases, Index
eBook
Compensation for Environmental Damage Under International Law
Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment.
It examines a wide range of practice on compensation - in general and specifically for environmental damage - from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations.
This book is essential reading for academics, practitioners and students working in the field of environmental law.
eBook
Water pollution
\"Pollution is harmful waste that enters the air, soil, and water. About 40 percent of rivers in the United States are too polluted for fishing, swimming, and other water sports. Learn more in [this book]\"--Back cover.
Book
Adjudicating Climate Change
Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.
eBook