Author: Donald C. Baur,Tim Eichenberg,Georgia Hancock Snusz,Michael Sutton
This authoritative and trusted practical resource for attorneys, government officials, and scholars analyses and explains the current legal framework of our ocean and coastal policies. Drawing upon the expertise of leading practitioners and scholars, it considers the full array of issues in ocean and coastal law. Chapters address the current state of the law for each topic, followed by analysis of emerging and unresolved issues, offering both a balanced perspective and pertinent insights.
Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. This book unites the two worlds of climate change regulation and ocean and coastal management. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the United States and the world.
Alison Rieser,Donna R. Christie,Joseph J. Kalo,Richard G. Hildreth
Author: Alison Rieser,Donna R. Christie,Joseph J. Kalo,Richard G. Hildreth
Publisher: West Academic Publishing
This new edition has been significantly revised to address the challenge to ocean and coastal law from global warming and climate disruption. It also covers governance changes in response to sea level rise and coastal disasters, including hurricanes Katrina and Sandy and the BP/Deepwater Horizon oil spill. The context for these changes is drawn from developments in international oceans law.
A study that examines the interaction of the legislative, executive, and judicial sources of law, but focuses primarily on the judicial branch with a selection of cases which demonstrate the progressive development of the important concepts in marine and coastal law. Five areas of law are studied in
"As Secretary of the Interior, implementing the Endangered Species Act was one of my most important, and challenging, responsibilities. All who deal with this complex and critical law need a clear and comprehensive guide to its provisions, interpretation, and implementation. With chapters written by some of the foremost practitioners in the field, the new edition of Endangered Species Act: Law, Policy, and Perspectives is an essential reference for conservationists and the regulated community and the attorneys who represent them."---Bruce Babbbitt, former Secretary of the Interior "In January 1973, when i introduced in Congress the bill that would become the Endangered Species Act, I described it as one of the most important pieces of legislation needed if we were to conserve, protect, and propagate our thereatened fish and our wildlife resources, which were diminishing too rapidly. I am proud to have introduced the original bill and even prouder that, in the ensuing years, the Endangered Species Act has saved hundreds of species from extinction. We have learned much along the way about the conservation of endangered species, the needs of the regulated community, and how the Endangered Species Act can successfully reconcile the two. It is important that we have a comprehensive understanding of the problems and potential of this landmark law."---John D. Dingell, U.S. House of Representatives, Michigan "Possibly the single most effective legislative effort of modern times to ensure that our children and grandchildren can enjoy the blessings of nature that were passed on to our generation was the enactment of the landmark Endangered Species Act (ESA) in 1973. The ESA has allowed the United States to make great advances in protecting the web of life that enables the intricate coexistence of man, plant, and animal. In my role as Chairman of the House Committee on Natural Resources, I recognize the role of the Endangered Species Act in helping us to fulfill our stewardship responsibilities while balancing local concerns and economic needs. Understanding how the ESA works is essential to its continued success."---Nick J. Rahall, II, U.S. House of Representatives, West Virginia "After a lifetime of studying, writing about, and being amazed by the diversity of life, I remain convinced that failing to do everything we can to protect it is the folly future generations are least likely to forgive us. The Endangered Species Act is one of the most far-sighted and important laws ever adopted. A thorough understanding of how the law works, the major policy issues surrounding it, and how to resolve those issues will ensure the law's continued success in protecting biodiversity. Endangered Species Act: Law, Policy, and Perspectives provides readers with the needed insight to this critically important law."---Edward O. Wilson, University Research Professor Emeritus at Harvard University and Honorary Curator in Entomology at the Museum of Comparative Zoology
This new edition has been significantly revised and materials updated throughout. New material will include: New chapter devoted to current, important state coastal management issues, such as preserving traditional coastal uses, and using aesthetic considerations in evaluating permit requests; New materials on the impact of beach nourishment projects on public and private rights; Latest Supreme Court pronouncement on Wetlands-the Rapanos case-and expanded NEPA coverage; Discussion on the 2006 revised consistency regulations; Incorporation of statutory changes and ocean program initiatives contained in the federal Energy Policy Act of 2005; Consideration of the effectiveness of the 1996 Sustainable Fisheries Act and highlights the growing challenge of allocating fishing privileges for fish stocks; Completely revised Marine Mammals and Endangered Marine Wildlife chapter and includes the precedent-setting decision enjoining the U.S. Navy's deployment of active sonar systems that may sig
Coastal Governance provides a clear overview of how U.S. coasts are currently managed and explores new approaches that could make our shores healthier. Drawing on recent national assessments, Professor Richard Burroughs explains why traditional management techniques have ultimately proved inadequate, leading to polluted waters, declining fisheries, and damaged habitat. He then introduces students to governance frameworks that seek to address these shortcomings by considering natural and human systems holistically. The book considers the ability of sector-based management, spatial management, and ecosystem-based management to solve critical environmental problems. Evaluating governance successes and failures, Burroughs covers topics including sewage disposal, dredging, wetlands, watersheds, and fisheries. He shows that at times sector-based management, which focuses on separate, individual uses of the coasts, has been implemented effectively. But he also illustrates examples of conflict, such as the incompatibility of waste disposal and fishing in the same waters. Burroughs assesses spatial and ecosystem-based management’s potential to address these conflicts. The book familiarizes students not only with current management techniques but with the policy process. By focusing on policy development, Coastal Governance prepares readers with the knowledge to participate effectively in a governance system that is constantly evolving. This understanding will be critical as students become managers, policymakers, and citizens who shape the future of the coasts.
An Introduction to Governance and International Law of the Oceans
Author: Mark Zacharias
This textbook provides the reader with a foundation in policy development and analysis and describes how policy, including legal mechanisms, is applied to marine environments around the world. It offers a systematic treatment of all aspects of marine policy, including environmental protection, fisheries, transportation, energy, mining and climate change. It starts with a biophysical overview of the structure and function of the marine environment with a particular emphasis on the challenges and opportunities of managing the marine environment. An overview of the creation and function of international law is then provided with a focus on international marine law. It explores the geographic and jurisdictional dimensions of marine policy, as well the current and anticipated challenges facing marine systems, including climate change-related impacts and resource over-exploitation. The book should appeal to senior undergraduate and graduate students and form a core part of the curriculum for marine affairs, science and policy courses. It will also provide supplementary reading for students taking a course in the law of the oceans, but is not aimed at legal specialists.
Taking a sweeping look at the current and proposed legal aspects of coping with climate change, this is a comprehensive resource of laws aimed at increasing resilience and reducing vulnerability to climate change. Written by authorities from private practice, government, and academia, this compendium examines the legal aspects of coping with climate change, both in the United States and around the world. Topics include water, energy, building and infrastructure, public lands, coastal issues, species and ecosystem impacts, disaster preparedness, and critical international issues.
For the modern course on theory and practice, Coastal Law features engaging coverage of laws meant to balance public and private interests in coastal resources and their application in coastal communities. Designed with instructor's needs in mind, the organization structures readings and questions for ease of course design and execution. A state-of-the art approach to helping students prepare for class uses informative and interesting "quick questions," maps, photographs, and diagrams that both help connect students with the material and optimize retention. Unique, multi-disciplinary content gives a concise introduction to basic coastal geology, ecology, geography, and economics that students need in order to understand coastal law and policy. On the cutting-edge of issues such as climate change, oil spill litigation, and hurricane insurance, Coastal Law showcases the most recent, important cases on coastal land-use regulation. End-of-chapter summaries and exercises aid in comprehension of material, allow for interim self-testing, and encourage in-class review. Features of Coastal Law Instructor-friendly organization structures readings and questions for ease of course design and execution State-of-the art approach to helping students prepare for class informative and interesting boxes "Quick questions," maps, photographs, and diagrams connects students with the material optimizes retention Unique, multi-disciplinary content concise introduction to coastal geology, ecology, geography, and economics needed to understand law and policy Up-to-date coverage most recent, important cases on coastal land-use regulation cutting-edge issues impact of climate change oil spill litigation hurricane insurance Combines theory with practice presents theoretical underpinnings of environmental and property law prepares students for representation of landowners, conservation groups, and state and federal agencies End-of-chapter summaries and exercises heightened comprehension of material interim self-testing in-class review The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
United States. National Oceanic and Atmospheric Administration. Office of Sea Grant
In this new and highly original textbook for a range of interdisciplinary courses and degree programmes focusing on marine and coastal resource management, readers are offered an introduction to the subject matter, a broad perspective and understanding, case study applications, and a reference source. Each chapter is written by an international authority and expert in the respective field, providing perspectives from physical and human geography, marine biology and fisheries, planning and surveying, law, technology, environmental change, engineering, and tourism. In addition to an overview of the theory and practice of its subject area, many chapters include detailed case studies to illustrate the applications, including relationships to decision-making requirements at local, regional, and national levels. Each chapter also includes a list of references for further reading, with a selection of key journal papers and URLs. Overall, this volume provides a key textbook for undergraduate and postgraduate courses and for the coastal or marine practitioner, as well as a long-term reference for students.
Author: Biliana Cicin-Sain,David Vanderzwaag,Miriam C. Balgos
Category: Political Science
This comprehensive handbook, prepared by leading ocean policy academics and practitioners from around the world, presents in-depth analyses of the experiences of fifteen developed and developing nations and four key regions of the world that have taken concrete steps toward cross-cutting and integrated national and regional ocean policy. All chapters follow a common framework for policy analysis. While most coastal nations of the world already have a variety of sectoral policies in place to manage different uses of the ocean (such as shipping, fishing, oil and gas development), in the last two decades, the coastal nations covered in the book have undertaken concerted efforts to articulate and implement an integrated, ecosystem-based vision for the governance of ocean areas under their jurisdiction. This includes goals and procedures to harmonize existing uses and laws, to foster sustainable development of ocean areas, to protect biodiversity and vulnerable resources and ecosystems, and to coordinate the actions of the many government agencies that are typically involved in oceans affairs. The book highlights the serious conflicts of use in most national ocean zones and the varying attempts by nations to follow the prescriptions emanating from the 1982 UN Law of the Sea Convention and the outcomes of the 1992, 2002, and 2012 sustainable development summits. The interrelationship among uses and processes in the coast and ocean requires that ocean governance be integrated, precautionary, and anticipatory. Overall, the book provides a definitive state-of-the-art review and analysis of national and regional ocean policies around the world.
Bertrum H. MacDonald,Suzuette S. Soomai,Elizabeth M. De Santo,Peter G. Wells
Author: Bertrum H. MacDonald,Suzuette S. Soomai,Elizabeth M. De Santo,Peter G. Wells
Publisher: CRC Press
This book provides a timely analysis of the role that information—particularly scientific information—plays in the policy-making and decision-making processes in coastal and ocean management. It includes contributions from global experts in marine environmental science, marine policy, fisheries, public policy and administration, resource management, risk management, and information management. The book is divided into four sections that provide focused analyses, including An overview of the characteristics of the science–policy interface, including a discussion of the role of scientific information in policy making and an argument that the term "science–policy interface" is inaccurate due to the existence of many possible interfaces Descriptions of fundamental concepts and principles for understanding the role of information in effective integrated coastal and ocean management National and international case studies that illustrate key factors in successful science–policy interfaces, such as awareness, communication, and use of information Critical issues and future research challenges The book also explores the different types of science–policy interfaces existing within and between different organizations, as well as the various roles that different types of non-governmental organizations play in producing and disseminating information. Science, Information, and Policy Interface for Effective Coastal and Ocean Management presents a wealth of knowledge that enhances current best practices to achieve more effective communication and use of marine environmental information. Useful to all major groups in the policy-making process, from senior policy- and decision-makers to practitioners in coastal and ocean management, it helps to increase understanding of catalysts and barriers to communicating research findings. It also serves as a starting point for further research and progress in efficient marine environment management.
Providing a guide for marine conservation practice, Marine Conservation takes a whole-systems approach, covering major advances in marine ecosystem understanding. Its premise is that conservation must be informed by the natural histories of organisms together with the hierarchy of scale-related linkages and ecosystem processes. The authors introduce a broad range of overlapping issues and the conservation mechanisms that have been devised to achieve marine conservation goals. The book provides students and conservation practitioners with a framework for thoughtful, critical thinking in order to incite innovation in the 21st century. "Marine Conservation presents a scholarly but eminently readable case for the necessity of a systems approach to conserving the oceans, combining superb introductions to the science, law and policy frameworks with carefully chosen case studies. This superb volume is a must for anyone interested in marine conservation, from students and practitioners to lay readers and policy-makers." —Simon Levin, George M. Moffett Professor of Biology, Department of Ecology & Evolutionary Biology, Princeton University
Author: Theodore L. Garrett,American Bar Association
Publisher: American Bar Association
The RCRA Practice Manual, Second Edition, is a comprehensive yet easy-to-use guide to an extraordinarily complex area of environmental law. This practice-oriented book focuses on the cradle-to-grave program for managing hazardous wastes under the Resource Conservation and Recovery Act (RCRA). The RCRA program regulates the handling of these wastes by generators, transporters and treatment, storage and disposal facilities, and regulates a large segment of industry involved in manufacturing. The chapters in this updated edition of The RCRA Practice Manual are written by an impressive roster of environmental lawyers who practice extensively in this area. The guide clearly explains this dynamic law, its background, regulatory structure and procedures, and the implications RCRA has for your client or company. The authors offer practical suggestions and guidance that are essential to minimize the risk of penalty and to soften the blow when liability cannot be avoided. numerous judicial and regulatory developments since the first edition, including issues such as EPA over-filing, imminent and substantial endangerment, citizen suits, and recent EPA determinations, draft and final guidances, amendments, and reform programs.
Lawyers, Swamps, and Money is an accessible, engaging guide to the complex set of laws governing America's wetlands. After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them. Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of: the geographic scope and activities covered by the Clean Water Act the curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agency the goal of no net loss of wetlands the role of entrepreneurial wetland mitigation banking the tension between wetland mitigation bankers and in-lieu fee mitigation programs wetland regulation and private property rights. The book concludes with insightful policy recommendations to make wetlands law less ambiguous and more effective. A prominent legal scholar and wetlands expert, professor Royal C. Gardner has a rare knack for describing landmark cases and key statutes with uncommon clarity and even humor. Students of environmental law and policy and natural resource professionals will gain the thorough understanding of administrative law needed to navigate wetlands policy-and they may even enjoy it.