Summary of “The Making of Environmental Law” by Richard J. Lazarus (2020)

Summary of

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Introduction
Richard J. Lazarus’s “The Making of Environmental Law” provides a comprehensive examination of the evolution, challenges, and future directions of environmental law in the United States. By tracing the development of environmental legislation, regulations, and court interpretations, Lazarus offers an insightful narrative into how environmental law has shaped national policy and public consciousness. The book underscores the dynamic interplay between environmental activism, legislative action, and judicial decisions. The text is an essential read for understanding the intricacies of environmental law and offers actionable insights for both legal practitioners and concerned citizens.

1. Historical Context and Evolution
Lazarus starts by setting the stage with a historical overview of environmental law. The early stages of environmental regulation were fragmented and reactive, often focused on addressing specific issues such as industrial pollution in the 19th century.

Example: Rivers and Harbors Act of 1899
This Act aimed primarily at navigable waters, but it laid down an early precedent for federal involvement in environmental issues.

Actionable Step: Awareness Campaigns
Individuals can organize awareness campaigns to highlight the historical context of environmental laws, emphasizing how early regulations still impact current legal frameworks.

2. Birth of Modern Environmental Law
The book identifies the late 1960s and early 1970s as the ‘birth’ of modern environmental law, marked by widespread public concern and a flurry of legislative activity.

Example: National Environmental Policy Act (NEPA) of 1969
NEPA was groundbreaking in establishing a broad national framework for considering environmental impacts in federal decision-making processes.

Actionable Step: Public Participation in NEPA Processes
Citizens can actively participate in NEPA processes by submitting public comments on Environmental Impact Statements (EIS) and engaging in public hearings.

3. Major Environmental Statutes
Lazarus discusses the enactment of significant statutes during the 1970s that set the foundations of contemporary environmental law. These include the Clean Air Act (CAA), Clean Water Act (CWA), and the Endangered Species Act (ESA).

Example: Clean Water Act of 1972
The CWA sought to restore and maintain the integrity of US waters, introducing stringent pollutant discharge standards and funding wastewater treatment plants.

Actionable Step: Local Water Quality Monitoring
Community members can get involved in local water quality monitoring programs, ensuring compliance with CWA standards and pushing for enforcement where violations are found.

4. The Role of the Judiciary
The book details the significant role that the judiciary has played in interpreting and enforcing environmental laws. Courts have been crucial in resolving ambiguities in statutes and regulations.

Example: Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984)
This landmark Supreme Court case established the principle of “Chevron deference,” which grants agencies significant leeway in interpreting ambiguous statutes.

Actionable Step: Legal Advocacy
Individuals can support or engage with legal advocacy organizations that aim to influence judicial interpretations and ensure robust enforcement of environmental laws.

5. Administrative Agencies
Lazarus highlights the critical role of administrative agencies, particularly the Environmental Protection Agency (EPA), in implementing and enforcing environmental laws.

Example: EPA Regulations under the Clean Air Act
The EPA’s regulations targeting specific pollutants like sulfur dioxide and nitrogen oxides have led to significant improvements in air quality.

Actionable Step: Engagement with EPA Rulemaking
Citizens can engage with EPA rulemaking processes by submitting comments during public comment periods and participating in stakeholder meetings.

6. Economic and Political Challenges
The book discusses the economic and political challenges that have historically hindered environmental protection efforts. Industries often resist regulatory changes due to cost implications, while political shifts can lead to regulatory rollbacks.

Example: Rollbacks under the Trump Administration
The administration’s efforts to roll back various environmental regulations highlight the ongoing struggle between economic interests and environmental protection.

Actionable Step: Voter Mobilization
Engaging in voter mobilization efforts to support candidates with strong environmental platforms can help counteract political rollbacks.

7. Climate Change and Future Directions
Lazarus points out that climate change represents the most significant challenge for contemporary environmental law. Existing legal frameworks are often insufficient to address the magnitude of the climate crisis.

Example: The Paris Agreement of 2015
Although an international accord, the Paris Agreement underscores the need for comprehensive, coordinated action on climate change, which poses complex challenges to national legal systems.

Actionable Step: Support Local Climate Initiatives
Individuals can support local and state climate initiatives, such as advocating for renewable energy projects or supporting climate resilience planning in their communities.

8. Intersectionality and Environmental Justice
The book emphasizes the importance of recognizing environmental justice issues, where marginalized communities disproportionately bear the brunt of environmental degradation.

Example: The Flint Water Crisis
The crisis in Flint, Michigan, illustrates the intersection of environmental, racial, and socio-economic issues, where a predominantly African American community suffered from lead-contaminated water.

Actionable Step: Community Advocacy and Support
Supporting community organizations that work on environmental justice issues can help ensure that affected communities have a voice in decision-making processes.

9. Technological Innovations
Lazarus underscores the potential for technological innovations to aid in environmental protection, while also highlighting the legal and regulatory challenges they present.

Example: Advances in Renewable Energy
Technological advancements in solar and wind energy offer significant opportunities for reducing greenhouse gas emissions, yet they require supportive legal and regulatory frameworks.

Actionable Step: Advocacy for Technology-Friendly Policies
Advocating for policies that support the adoption and integration of renewable energy technologies can help drive broader societal shifts towards sustainability.

Conclusion
“The Making of Environmental Law” reveals the complexities of developing and enforcing environmental regulations, showing how laws have evolved in response to scientific, political, and societal changes. By providing a deep dive into the history and current landscape of environmental law, Lazarus equips readers with a nuanced understanding of the field.

Overall Actionable Step: Continuous Education and Advocacy
Continuously educating oneself about environmental laws and actively engaging in advocacy efforts can help shape future legal frameworks and promote sustainable practices. Joining environmental organizations, participating in public comment periods, and staying informed about legislative changes are all crucial steps toward effectively contributing to environmental protection.

In summary, Lazarus’s book not only highlights the rich history and evolution of environmental law but also provides practical avenues for individuals to contribute to ongoing and future efforts in environmental protection. By understanding the historical context, engaging with legal and regulatory processes, and supporting technological and community initiatives, individuals can play a vital role in shaping a sustainable future.

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