Citizen Suits in U.S. Environmental Law : An Overview and Assessment

2013 ◽  
Vol 11 (null) ◽  
pp. 125-165
Author(s):  
Melissa Powers
Keyword(s):  
Environmental Law ◽  
Citizen Suits

scholarly journals La protection de l'environnement au Canada et aux États-Unis

2005 ◽  
Vol 29 (2) ◽  
pp. 425-445 ◽  
Author(s):  
Jean Piette
Keyword(s):  
Environmental Protection Agency ◽  
Environmental Planning ◽  
Environmental Law ◽  
The United States ◽  
State Governments ◽  
Environmental Legislation ◽  
Environmental Laws ◽  
Division Of Powers ◽  
Federal Constitution ◽  
Citizen Suits

This paper explains some of the main differences between the development and the structure of environmental legislation, regulations and programs in Canada and the United States. In Canada, the division of powers under the Federal Constitution between Parliament and Provincial Legislatures explains the structure and scope of Canadian environmental law. Federal laws and regulations have been mostly sectoral while Provincial laws have been broader and have been successful in integrating environmental planning instruments. U.S. environmental laws, regulations and programs are developed under the leadership of Congress. The Environmental Protection Agency and State Governments are called upon to play an important role in the implementation of Federal environmental statutes. Contrary to the Canadian situation, citizen suits and the Judiciary are instrumental in the development of U.S. environmental law.

United States of America

2019 ◽  
pp. 373-394
Author(s):  
James Salzman
Keyword(s):  
United States ◽  
Private Property ◽  
Environmental Law ◽  
The United States ◽  
Environmental Response ◽  
National Environmental Policy Act ◽  
Implementation Framework ◽  
Criminal Sanctions ◽  
Delegation Of Authority ◽  
Citizen Suits

This chapter examines environmental law in the United States. It begins with a discussion of the US approach to environmental law, describing it as a system striving for balance, including balance in terms of the allocation of powers between federal and state legislatures. The chapter provides an overview of the constitutional bases of US environmental law, delegation of authority to regulatory agencies, and environmental regulation in relation to private property. It then considers the structure and substance of environmental law, focusing on five pieces of legislation: Clean Air Act, Clean Water Act, National Environmental Policy Act, Resource Conservation and Recovery Act, and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The chapter concludes with an analysis of the implementation framework and how it affects environmental law in practice, taking into account the role of agency authorities, administrative enforcement, civil remedies, criminal sanctions, and relevant provisions on citizen suits.

Time and Environmental Law

2017 ◽  
Author(s):  
Benjamin J. Richardson
Keyword(s):  
Environmental Law

International Environmental Law

2018 ◽  
Author(s):  
Pierre-Marie Dupuy ◽  
Jorge E. Viñuales
Keyword(s):  
Environmental Law ◽  
International Environmental Law

European Environmental Law

2017 ◽  
Author(s):  
Suzanne Kingston ◽  
Veerle Heyvaert ◽  
Aleksandra Čavoški
Keyword(s):  
Environmental Law

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

THE NATURE OF LEGAL RESTRICTIONS IN ENVIRONMENTAL LAW

2019 ◽  
pp. 142-150
Author(s):  
Galyna Moroz
Keyword(s):  
Environmental Law ◽  
Functional Results ◽  
Environmental Safety ◽  
Educational Process ◽  
Practical Significance ◽  
Practical Implementation ◽  
The Status ◽  
Environmental Requirements ◽  
Content System ◽  
Legal Restrictions

Purpose. The article is aimed at analyzing the general theoretical principles and the essential characteristics of legal restrictions in environmental law; defining category of “environmental legal restrictions”, their content, system and the status of the respective legislation. Methodology. The methodology consists in carrying out a comprehensive analysis of the provisions of environmental legislation and formulating relevant conclusions on this basis. During the research, the following methods of scientific research were used: terminological, systemic and structural, comparative legal, structural and functional. Results. The objectively determined necessity of unconditional adherence to the legally established environmental requirements, prohibitions and restrictions as well as their potential scientifically substantiated enhancement in order to achieve environmentally significant goals oriented towards the priorities of sustainable development is substantiated. Restrictive mechanisms are scattered across statutory and regulatory acts of different legal force and even different branches of law, therefore, the need for their systematization and unification as well as generalization of the experience of their practical implementation in order to establish a comprehensive system of environmental restrictions is discussed. In our opinion, the conceptual basis and general essential characteristics of public environmental requirements and restrictions should be reflected in the future Environmental Code of Ukraine. Scientific novelty. In the course of the research, the author defines restrictions in environmental law as a specific sectoral imperative mechanism for regulating relations in the field of environmental safety, which consists in systematically introducing legislation on imperative provisions of environmental law as well as establishing specific legal regimes and mechanisms for their application and implementation. Practical significance. The main conclusions can be used in law-making and law-enforcing activities, as well as in further theoretical and legal research and in the educational process.

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