The Making of Environmental Law Part I: Making Environmental Law

2. 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

3. 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

5. Global Wind Patterns NASA

6. Complexity Scientific Uncertainty Precaution Dynamism Controversy Features of Environmental Law

7. 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

8. 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

9. Becoming Environmental Law

11. 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)

12. 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

13. 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

14. The Nixon Administration 1970 1972 NEPA Federal Water Pollution Control Act Veto EPA Clean Air Act “Go Live Like A Bunch of Damned Animals”

15. 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."

16. The Reagan Administration 1980 1983 “Bring EPA to its Knees” Anne Gorsuch Burford Bill Ruckelshaus

17. The “Environmental President” 1992 1989 BOSTON HARBOR QUAYLE COMPETITIVENESS COUNCIL CLEAN AIR ACT AMENDMENTS OF 1990 RIO

18. The Clinton Administration Contract With America Bruce Babbitt Carol Browner Newt Gingrich 1998 1995

19. 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

20. StatuteStatutes 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

24. 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”

25. REFORMING ENVIRONMENTAL LAW • Influencing Supply, Demand, and National Economic Policy Through Better Information • Regulating Diffuse Sources • Constructing International Environmental Lawmaking Institutions

26. The Graying of the Green