Dan Farber lately blogged at Authorized Planet on what has modified in environmental legislation because the first version of his casebook, printed in 1981:
Some adjustments have been lower than anticipated. Given Reagan’s election, it appeared possible that we might see some main statutory modifications if not repeals. However that didn’t occur. In truth, that guide, I notice that there have been solely a handful of great statutory adjustments. CERCLA, the Superfund legislation, wasn’t handed till simply after the election by the lame duck Congress. Congress handed minor statutory revisions within the 1980s and an enormous modification to the Clear Air Act in 1990 that principally strengthened it. It additionally handed a statute simply a few years in the past helpfully revamping the Poisonous Substances Management Act. Even in 1980, it was clear to us that the unique model was a botched job. With these exceptions, the statutes now are just about the identical as they have been again then.
Although the statutes are the identical, there have been a large variety of new laws and courtroom choices. In 1981, we have been capable of cowl each the Clear Air Act and the Clear Water Act in simply over 100 pages of pretty massive print. Within the newest version with Ann Carlson, protecting these statutes takes 170 pages in a lot smaller print. (The following version will add another co-author, William Boyd.) In 1980, we may excerpt nearly each Supreme Court docket environmental case, however now there are too many. And naturally, there’s CERCLA now. Regardless of dropping an necessary subject (public lands) and having smaller print, the newest version is over 200 pages longer.
I used to be additionally to see that the 1981 version had a chapter on federalism, together with restrictions on state environmental regulation. We additionally included some materials on the flexibility of cities to pursue environmental laws below state legislation. Each have remained scorching subjects and the topic of frequent litigation immediately.
The 1981 version was forward of its time in a method: there was a separate chapter on vitality and the surroundings. The quantity of satisfaction that I can soak up that’s dimmed, nonetheless, by the truth that we dropped that chapter very quickly thereafter and redistributed the contents to different chapters. Individuals had misplaced curiosity in vitality points at that time.