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									                              The Making of Environmental Law

Part I:     Making Environmental Law

            Chapter 1:   Time, Space, and Ecological Injury

            Chapter 2:   The Implications of Ecological Injury for Environmental Protection Law

            Chapter 3:   The Challenges for U.S. Lawmaking Institutions and Processes of Environmental
                         Protection Law

Part II:     The Road Taken

            Chapter 4:   Becoming Environmental Law

            Chapter 5:   Building A Road—The 1970s

            Chapter 6:   Expanding the Road—The 1980s

            Chapter 7:   Maintaining the road—the 1990s

Part III:    Environmental Law in the New Millennium

            Chapter 8:   The Emerging Architecture of U.S. Environmental Law

            Chapter 9:   Changing Conceptions of Time and Space Redux— Environmental Law’s Future
                         Challenges

            Chapter 10: Environmental Law’s Second (and Quite Different) ―Republican Moment‖

Conclusion: The Graying of the Green


                                                                 The Making of Environmental Law
                                                                                            Richard J. Lazarus
         Part I:       Making Environmental Law

Chapter 1:   Time, Space, and Ecological Injury

Chapter 2:   The Implications of Ecological Injury for
             Environmental Protection Law

Chapter 3:   The Challenges for U.S. Lawmaking Institutions
             and Processes of Environmental Protection Law




                                         The Making of Environmental Law
                                                              Richard J. Lazarus
The Making of Environmental Law
                     Richard J. Lazarus
       Global
        Wind
       Patterns




NASA



                  The Making of Environmental Law
                                       Richard J. Lazarus
Features of Environmental Law

  •   Complexity
  •   Scientific Uncertainty
  •   Precaution
  •   Dynamism
  •   Controversy




                               The Making of Environmental Law
                                                    Richard J. Lazarus
                The Stages of the Legislative Process
1. Bill introduction
2. Referral to committee(s)
3. Committee hearings
4. Committee mark-up
5. Committee report
6. Scheduling legislation
7. House: special rules, suspension of the rules, or privileged matter
8. Senate: unanimous consent agreements or motions to proceed
9. Floor debate
10. Floor amendment
11. Vote on final passage
12. Reconciling differences between the house and senate
13. Amendments between the houses, or
14. Conference committee negotiations
15. Floor debate on conference report
16. Floor vote on conference report
17. Conference version presented to the president
18. President signs into law or allows bill to become law without his signature
19. President vetoes bill
20. First chamber vote on overriding veto
21. Second chamber vote on overriding veto
22. Bill becomes law if 2/3 vote to override is achieved in both chambers
23. Bill fails to become law if one chamber fails to override


                                                                   The Making of Environmental Law
                                                                                        Richard J. Lazarus
             Part II:   The Road Taken


Chapter 4:     Becoming Environmental Law


Chapter 5:     Building A Road—The 1970s


Chapter 6:     Expanding the Road—The 1980s


Chapter 7:     Maintaining the road—the 1990s


                                 The Making of Environmental Law
                                                      Richard J. Lazarus
    Becoming
Environmental Law




             The Making of Environmental Law
                                  Richard J. Lazarus
The Making of Environmental Law
                     Richard J. Lazarus
The solar system is dead, apart from our world; and the distances
to any other system are so gigantic that it would take the entire
history of mankind from paleolithic man to the present day to
traverse—at the speed of Apollo 11—the distance to the nearest
star. So that the frontier is closed. We can explore a few lumps in
our system, and that is the end.…As a result of supreme
technological skill and heroism, we are faced not with the infinite
but with the immovable limits.


C.P. Snow, The Moon Landing, Look Magazine (Aug. 26, 1969)




                                             The Making of Environmental Law
                                                                  Richard J. Lazarus
Major Federal Environmental Protection Statutes Enacted During the 1970s

    1970 NEPA
    1970 Clean Air Act
    1972 Federal Water Pollution Control Act
    1972 Federal Insecticide, Fungicide, and Rodenticide Act
    1972 Noise Control Act
    1972 Coastal Zone Management Act
    1972 Marine Mammal Protection Act
    1973 Endangered Species Act
    1974 Safe Drinking Water Act
    1974 Forest Rangeland Renewable Resources Planning Act
    1975 Federal Coal Leasing Act Amendments
    1976 Toxic Substances Control Act
    1976 Resources Conservation and Recovery Act
    1976 National Forest Management Act
    1976 Federal Land Policy and Management Act
    1977 Clean Air Act Amendments
    1977 Clean Water Act Amendments
    1977 Surface Mining Control and Reclamation Act
    1978 Outer Continental Shelf Lands Act
                                                    The Making of Environmental Law
                                                                         Richard J. Lazarus
Chapter 5: The 1970s

A.             Decade Highlights
               1.               A Revolution in Law
               2.               Richard Nixon: The Waxing and Waning of an “Environmental” President
               3.               Congress, Courts, and the Environmental Public Interest
B.             Understanding the 1970s
               1.               The Power of Information Disclosure
               2.               The Tragedy of Distrust
               3.               Developing Fissures in Environmental Lawmaking: Federalism & Regulatory Reform

Chapter 6: The 1980s

A.             Decade Highlights
               1.               The Reagan Revolution That Wasn’t
               2.               Solidifying Environment Protection Law
               3.               Greening of American Law and the Legal Profession
B.             Understanding the 1980s
               1.               Environmental Law’s Persistence
               2.               Reforming the Reformers
               3.               Splitting of the Environmental Community

Chapter 7: The 1990s

A.             Decade Highlights
               1.               Shifting Winds in the Politics of the Environment
               2.               The Contract with America and the 104th Congress
               3.               The Changing Nature of the Federal Judiciary
               4.               “Environmental Racism: That’s What It Is”
               5.               State, Tribal and Local Environmental Law
               6.               Internationalization of Environmental Law
B.             Understanding the 1990s
               1.               The Demise of Bipartisanship
               2.               The Rise Executive Branch Lawmaking and Legislation by Appropriation Rider
               3.               The “Greening” of the Nation’s Economy




                                                                                               The Making of Environmental Law
                                                                                                                    Richard J. Lazarus
     The Nixon Administration

    1970                          1972

    NEPA                Federal Water
                       Pollution Control
    EPA                    Act Veto

Clean Air Act            “Go Live Like A
                        Bunch of Damned
                           Animals”



                      The Making of Environmental Law
                                           Richard J. Lazarus
              The Carter Administration




 "In a nation that was proud of hard work, strong families,
close-knit communities and our faith in God, too many of us
   now tend to worship self-indulgence and consumption.
Human identity is no longer defined by what one does but by
                     what one owns."

                                        The Making of Environmental Law
                                                             Richard J. Lazarus
         The Reagan Administration
      1980                              1983

   “Bring EPA
   to its Knees”




Anne Gorsuch Burford               Bill Ruckelshaus




                           The Making of Environmental Law
                                                  Richard J. Lazarus
 The ―Environmental President‖
       1989                           1992




    BOSTON HARBOR

                                    QUAYLE
                                COMPETITIVENESS
                                   COUNCIL
  CLEAN AIR ACT
AMENDMENTS OF 1990
                                      RIO




                     The Making of Environmental Law
                                          Richard J. Lazarus
              The Clinton Administration




Contract With America              Bruce Babbitt      Carol Browner



   Newt Gingrich




    1995                                       1998

                                  The Making of Environmental Law
                                                        Richard J. Lazarus
     The Second Decade of Environmental Statutes
                     1980-1990

       Comprehensive Environmental Response,
      Compensation & Liability Act (Superfund)
Emergency Planning and Community Right to Know Act
   Alaska National Interest Lands Conservation Act
  Hazardous and Solid Waste Act Amendments of 1984
     Safe Drinking Water Act Amendments of 1986
Superfund Amendments and Reauthorization Act of 1986
                Water Quality Act of 1987
          Medical Waste Tracking Act of 1988
       Oil Spill, Pollution, Prevention Act of 1990
           Clean Air Act Amendments of 1990


                                    The Making of Environmental Law
                                                         Richard J. Lazarus
   Statute              Statutes at Large

Clean Air Act of 1963           11 pages

Clean Air Act of 1970           38 pages

Clean Air Act of 1977          112 pages

Clean Air Act of 1990          314 pages



                            The Making of Environmental Law
                                                 Richard J. Lazarus
The Making of Environmental Law
                     Richard J. Lazarus
The Making of Environmental Law
                     Richard J. Lazarus
The Making of Environmental Law
                     Richard J. Lazarus
                    Part III
     Environmental Law in the New Millenium

Chapter 8:     The Emerging Architecture of U.S.
               Environmental Law

Chapter 9:     Changing Conceptions of Time and
               Space Redux – Environmental
               Law’s Future Challenges

Chapter 10:    Environmental Law’s Second (and
               Quite Different) ―Republican
               Moment‖

                              The Making of Environmental Law
                                                   Richard J. Lazarus
        REFORMING ENVIRONMENTAL LAW


• Influencing Supply, Demand, and National Economic
Policy Through Better Information


•Regulating Diffuse Sources


•Constructing International Environmental Lawmaking
Institutions


                                     The Making of Environmental Law
                                                          Richard J. Lazarus
The Graying of the Green




                 The Making of Environmental Law
                                      Richard J. Lazarus

								
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