The scope of what qualifies as "environmental litigation" is huge, covering a complex array of federal and state statutes, hundreds of common-law rules, and thousands of pages of regulations. At the same time, this area of litigation is growing at a tremendous pace as a result of evolving issues...
The scope of what qualifies as "environmental litigation" is huge, covering a complex array of federal and state statutes, hundreds of common-law rules, and thousands of pages of regulations. At the same time, this area of litigation is growing at a tremendous pace as a result of evolving issues such as climate change litigation and as practitioners deal with the increasing number of environmental cases decided by the Supreme Court.
Environmental Litigation: Law and Strategy provides expert, practical guidance on the most critical areas in this rapidly-changing area of the law. Environmental litigation requires an impressive range of substantive expertise, and contributors to this volume are drawn from a variety of settings, including academia, government, and private practice. The book examines some of the most critical issues in specialized litigation, including:
- A review of the litigation that has occurred to date in the emerging area of global climate change, along with a forecast of the types of future litigation that can be anticipated involving climate change
- Practical advice concerning litigation of government enforcement matters in both the civil and criminal context
- Citizen-suit provisions, first included in the Clean Air Act Amendments of 1970, and since included in all subsequent major federal environmental regulatory statutes
- The characteristics and dynamics of toxic tort litigation, which generally involves large numbers of plaintiffs, an emphasis on causation, and
- Pesticides, regulated under FIFRA and FFDCA, but litigation can also take other forms, including EPA civil penalty actions for statutory violations, cases seeking to enforce regulatory duties under ESA, CWA, and NEPA, arbitrations, and tort cases
- The arguments and defenses that have arisen in CERCLA litigation, including the recent amendments that provide additional defenses to liability that have not yet been fully addressed by the courts
- Natural resource damages law and the key issues of developing a factual record, causation, divisibility of harm, baseline considerations, and defenses in preparing and litigating an NRD case
- Insurance as an important potential source of recovery for environmental liabilities, examining the most important coverage issues arising with each type of coverage that potentially responds to environmental claims and related costs
- The growing importance for environmental lawyers to add to their expertise the constitutional features of judicial review, congressional authority, federalism, and individual rights
Environmental Litigation: Law and Strategy features a comprehensive table of cases, topical index, and extensive notes that accompany each chapter.