The first Earth Day in 1970 marked environmentalism’s coming-of-age in the United States. More than four decades later, does the green movement remain a transformative force in American life? Presenting a new account from a legal perspective, Environment in the Balance interprets a wide range of U.S. Supreme Court decisions, along with social science research and the literature of the movement, to gauge the practical and cultural impact of environmentalism and its future prospects.

Jonathan Z. Cannon demonstrates that from the 1960s onward, the Court’s rulings on such legal issues as federalism, landowners’ rights, standing, and the scope of regulatory authority have reflected deep-seated cultural differences brought out by the mass movement to protect the environment. In the early years, environmentalists won some important victories, such as the Supreme Court’s 1973 decision allowing them to sue against barriers to recycling. But over time the Court has become more skeptical of their claims and more solicitous of values embodied in private property rights, technological mastery and economic growth, and limited government.

Today, facing the looming threat of global warming, environmentalists struggle to break through a cultural stalemate that threatens their goals. Cannon describes the current ferment in the movement, and chronicles efforts to broaden its cultural appeal while staying connected to its historical roots, and to ideas of nature that have been the source of its distinctive energy and purpose.

The first listed species to make headlines after the Endangered Species Act was passed in 1973 was the snail darter, a three-inch fish that stood in the way of a massive dam on the Little Tennessee River. When the Supreme Court sided with the darter, Congress changed the rules. The dam was built, the river stopped flowing, and the snail darter went extinct on the Little Tennessee, though it survived in other waterways. A young Al Gore voted for the dam; freshman congressman Newt Gingrich voted for the fish.

A lot has changed since the 1970s, and Joe Roman helps us understand why we should all be happy that this sweeping law is alive and well today. More than a general history of endangered species protection, Listed is a tale of threatened species in the wild—from the whooping crane and North Atlantic right whale to the purple bankclimber, a freshwater mussel tangled up in a water war with Atlanta—and the people working to save them.

Employing methods from the new field of ecological economics, Roman challenges the widely held belief that protecting biodiversity is too costly. And with engaging directness, he explains how preserving biodiversity can help economies and communities thrive. Above all, he shows why the extinction of species matters to us personally—to our health and safety, our prosperity, and our joy in nature.

Despite America's pluralistic, fragmented, and generally adversarial political culture, participants in pollution control politics have begun to collaborate to reduce the high costs of developing, implementing, and enforcing regulations. Edward P. Weber uses examples from this traditionally combative policy arena to propose a new model for regulation, "pluralism by the rules," a structured collaborative format that can achieve more effective results at lower costs than typically come from antagonistic approaches.

Weber cites the complexity and high implementation costs of environmental policy as strong but insufficient incentives for collaboration. He shows that cooperation becomes possible when opposing sides agree to follow specific rules that include formal binding agreements about enforcement, commitment to the process by political and bureaucratic leaders, and the ensured access and accountability of all parties involved. Such rules establish trust, create assurances that agreements will be enforced, and reduce the perceived risks of collaboration. Through case studies dealing with acid rain, reformulated gasoline, and oil refinery pollution control, Weber demonstrates the potential of collaboration for realizing a cleaner environment, lower compliance costs, and more effective enforcement.

Challenging the prevailing view that endless conflict in policymaking is inevitable, Pluralism by the Rules establishes a theoretical framework for restructuring the regulatory process.

Winner of the Julia Ward Howe Prize

“The gripping story of the most important environmental law case ever decided by the Supreme Court.”
—Scott Turow

“In the tradition of A Civil Action, this book makes a compelling story of the court fight that paved the way for regulating the emissions now overheating the planet. It offers a poignant reminder of how far we’ve come—and how far we still must go.”
—Bill McKibben, author of The End of Nature

On an unseasonably warm October morning, an idealistic young lawyer working on a shoestring budget for an environmental organization no one had heard of hand-delivered a petition to the Environmental Protection Agency, asking it to restrict greenhouse gas emissions from new cars. The Clean Air Act authorized the EPA to regulate “any air pollutant” thought to endanger public health. But could carbon dioxide really be considered a harmful pollutant? And even if the EPA had the authority to regulate emissions, could it be forced to do so?

The Rule of Five tells the dramatic story of how Joe Mendelson and the band of lawyers who joined him carried his case all the way to the Supreme Court. It reveals how accident, infighting, luck, superb lawyering, politics, and the arcane practices of the Supreme Court collided to produce a legal miracle. The final ruling in Massachusetts v. EPA, by a razor-thin 5–4 margin brilliantly crafted by Justice John Paul Stevens, paved the way to important environmental safeguards which the Trump administration fought hard to unravel and many now seek to expand.

“There’s no better book if you want to understand the past, present, and future of environmental litigation.”
—Elizabeth Kolbert, author of The Sixth Extinction

“A riveting story, beautifully told.”
—Foreign Affairs

“Wonderful…A master class in how the Supreme Court works and, more broadly, how major cases navigate through the legal system.”
—Science

Health, safety, and environmental regulations have been traditionally perceived as distinct entities from trade policy, yet today they have become intertwined on a global scale. In this pioneering work, David Vogel integrates environmental, consumer, and trade policy, and explicitly challenges the conventional wisdom that trade liberalization and agreements to promote free trade invariably undermine national health, safety, and environmental standards. Vogel demonstrates that liberal trade policies often produce precisely the opposite effect: that of strengthening regulatory standards.

The most comprehensive account of trade and regulation on a global scale, this book analyzes the regulatory dimensions of all major international and regional trade agreements and treaties, including GATT, NAFTA, the Free Trade Agreement between Canada and the United States, and the treaties that created the European Community and Union. He explores in depth some of the most important trade and regulatory conflicts, including the GATT tuna-dolphin dispute, the EC's beef hormone ban, the Danish bottle case, and the debate in the United States over the regulatory implications of both NAFTA and GATT.

This timely book unravels the increasingly important and contentious relationship between trade and environmental, health, and safety standards, paying particular attention to the politics that underlie trade and regulatory linkages. Trading Up is essential reading for the business community, policymakers, environmentalists, consumer interest groups, political scientists, lawyers, and economists.

The United States Congress appears to be in perpetual gridlock on environmental policy, notes Sara Rinfret, editor of the significant collection, Who Really Makes Environmental Policy? As she and her contributors explain, however, most environmental policy is not made in the halls of Congress. Instead, it is created by agency experts in federal environmental agencies and it is implemented at the state level. These individuals have been delegated the authority to interpret vague congressional legislation and write rules—and these rules carry the same weight as congressional law.

Who Really Makes Environmental Policy? brings together top scholars to provide an explanation of rulemaking processes and regulatory policy, and to show why this context is important for U.S. environmental policy. Illustrative case studies about oil and gas regulations in Colorado and the regulation of coal ash disposal in southeastern states apply theory to practice. Ultimately, the essays in this volume advance our understanding of how U.S. environmental policy is made and why understanding regulatory policy matters for its future.