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As the Obama administration and the courts change the course of federal environmental law and policy, this best-selling casebook has been updated comprehensively to include the latest legal and policy developments. Each chapter includes new material exploring contemporary developments including the challenges climate change is posing to nearly every aspect of environmental law.

The revised Sixth Edition includes:

• Ten New Case Excerpts, including new decisions by the U.S. Supreme Court on CERCLA, the Clean Air Act, NEPA, environmental standing and the Clean Water Act
• Four New Problem Exercises, including exercises on cap-and-trade versus a carbon tax, the application of NEPA to climate change, who should be prosecuted for criminal violations, and negotiation of a post-Kyoto regime to control greenhouse gas (GHG) emissions
• "Midnight Regulations" by the Bush administration and the Obama administration's response
• New emphasis on Environmental Standing, including the Supreme Court's Massachusetts v. EPA and Summers v. Earth Island Institute decisions
• The new approach to CERCLA "arranger" liability and apportionment embodied in the Supreme Court's Burlington Northern decision
• EPA's new definition of "solid waste" and judicial decisions altering the agency's new source review program and programs for controlling interstate air pollution and hazardous air pollutants
• EPA's Clean Air Act "Endangerment" Finding for Emissions of GHGs, reversal of the California waiver denial, and California's controls on GHG emissions from mobile sources
• The relationship between the Clean Water Act's §404 and §402 permit programs , including the Supreme Court's June 22, 2009 Coeur Alaska decision
• Climate Change and NEPA, including the 9th Circuit's Center for Biological Diversity v. NHTSA decision on the environmental impact of national fuel economy standards
• Remedies for Claims of NEPA Violations, including the Supreme Court's Winter v. NRDC decision
• Climate change and the Endangered Species Act, including the impact of the polar bear listing on agency consultation under §7 and §9's prohibition of "takes"
• The latest scientific evidence concerning global warming and climate change, as well as material on the development of carbon trading markets, adaptation strategies, and carbon disclosure

1. Environmental Values and Policies
2. Environmental Law: A Structural Overview
3. Waste Management and Pollution Prevention
4. Regulation of Toxic Substances
5. Air Pollution Control
6. Water Pollution Control
7. Land Use Regulation and Regulatory Takings
8. Environmental Impact Assessment
9. Preservation of Biodiversity
10. Environmental Enforcement
11. Protection of the Global Environment
12. Environmental Progress and Prospects

Robert V. Percival

BA, 1972, Macalester College
MA, 1978, JD, 1978, Stanford University

Professor Percival joined the Maryland faculty in 1987 after serving as senior attorney for the Environmental Defense Fund. While in law school, he served as managing editor of the Stanford Law Review and was named the Nathan Abbott Scholar for graduating first in his class. Percival served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. Percival also served as a special assistant to the first U.S. Secretary of Education.

Percival is internationally recognized as a leading scholar in environmental law. He is principal author of the country's most widely used casebook in environmental law, Environmental Regulation: Law, Science & Policy , now in its sixth edition. He has written extensively on several topics, including environmental law, regulatory policy, federalism, presidential powers, and legal history. Percival has taught as a visiting professor of law at Harvard Law School in 2000 and 2009 and at Georgetown University Law Center in 2005. He currently teaches Environmental Law, Comparative Environmental Law, Constitutional Law, and Administrative Law at Maryland. In 2007 he was named the University's 'Teacher of the Year.

During the spring semester 2008 Percival taught as a J. William Fulbright Distinguished Lecturer at the China University of Political Science and Law in Beijing. He previously taught as a Fulbright scholar at Comenius University Law School in Slovakia. Percival has lectured and presented environmental law workshops on six continents in countries including Australia, Chile, India, Iran, Japan, Mongolia, Uganda, Ukraine, and the former Soviet Union. He also has lectured at 15 universities and before several professional associations and government agencies in China. In 2009 he served as a Citizen Ambassador to China for the U.S. Department of State. Percival has served as the Natural Resource Law Institute Distinguished Visitor at Lewis & Clark College of Law and as a visiting professor of law at the University of Chile where he helped establish South America's first environmental law clinic. He also has taught summer courses at the University of British Columbia and at the University of Aberdeen in Scotland.

Percival currently is working on the first casebook on 'Global Environmental Law.' He maintains a website developed for the casebook ( www.globalenvironmentallaw.com) on which his weekly blog appears. The blog also is available at http://globalenvironmentallaw.blogspot.com. Percival is a member of the IUCN Commission on Environmental Law. In April 2009 he delivered Pace Law School's Lloyd K. Garrison Lecture on 'The Globalization of Environmental Law.

Percival has served on the Board of Directors of the Environmental Law Institute and as co-chair of the steering committee of the D.C. Bar's Section on Environmental, Energy and Natural Resources Law. He is an elected member of the American Law Institute. Percival has served as the contributing editor for Environment and Natural Resources for the Federal Circuit Bar Journal, as a special master for the U.S. District Court of Maryland, and as a member of the state of Maryland's Environmental Restoration and Development Task Force.

Christopher H. Schroeder is Charles S. Murphy Professor of Law and Professor of Public Policy Studies, and director of the Program in Public Law. His publications include a leading environmental law casebook, Environmental Regulation: Law, Science and Policy (6th Edition, 2008), Presidential Power Stories (with Curtis A. Bradley, 2008), A New Progressive Agenda for Public Health and the Environment (2005), a project of the Center for Progressive Reform (CPR), co-edited with Rena Steinzor. He has served on National Academy of Sciences and Institute of Medicine committees to evaluate the use of human intentional dosing studies by EPA and the adequacy of the U.S. drug safety system.

Schroeder has served as acting assistant attorney general in the Office of Legal Counsel at the Department of Justice, where he was responsible for legal advice to the attorney general, the executive office of the president and other executive branch agencies on a broad range of issues, including separation of powers, other constitutional issues, and matters of statutory interpretation and administrative law. He has also served as chief counsel to the Senate Judiciary Committee. He is of counsel to the firm of O'Melveny and Myers.

He received his B.A. degree from Princeton University in 1968, a M.Div. from Yale University in 1971, and his J.D. degree from University of California, Berkeley (Boalt Hall) in 1974, where he was editor-in-chief of the California Law Review. He is married to Katharine T. Bartlett, former dean of Duke Law School. They have three children: Emily, Ted, and Lily.

http://www.law.umab.edu/courses/environment

http://www.law.umab.edu/courses/environment