Lawyers, Swamps, and Money is an accessible, engaging guide to the complex set of laws governing America's wetlands. After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them. Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of: the geographic scope and activities covered by the Clean Water Act the curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agency the goal of no net loss of wetlands the role of entrepreneurial wetland mitigation banking the tension between wetland mitigation bankers and in-lieu fee mitigation programs wetland regulation and private property rights. The book concludes with insightful policy recommendations to make wetlands law less ambiguous and more effective. A prominent legal scholar and wetlands expert, professor Royal C. Gardner has a rare knack for describing landmark cases and key statutes with uncommon clarity and even humor. Students of environmental law and policy and natural resource professionals will gain the thorough understanding of administrative law needed to navigate wetlands policy-and they may even enjoy it.

Lawyers, Swamps, and Money is an accessible, engaging guide to the complex set of laws governing America's wetlands. After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them. Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of: the geographic scope and activities covered by the Clean Water Act the curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agency the goal of no net loss of wetlands the role of entrepreneurial wetland mitigation banking the tension between wetland mitigation bankers and in-lieu fee mitigation programs wetland regulation and private property rights. The book concludes with insightful policy recommendations to make wetlands law less ambiguous and more effective. A prominent legal scholar and wetlands expert, professor Royal C. Gardner has a rare knack for describing landmark cases and key statutes with uncommon clarity and even humor. Students of environmental law and policy and natural resource professionals will gain the thorough understanding of administrative law needed to navigate wetlands policy-and they may even enjoy it.

This paper is the table of contents and introduction to Royal C. Gardner, Lawyers, Swamps, and Money: U.S. Wetland Law, Policy, and Politics (Island Press 2011). The book is an accessible guide to the complex set of laws governing America's wetlands. After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them. Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of: the geographic scope and activities covered by the Clean Water Act; the curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agency; the goal of no net loss of wetlands; the role of entrepreneurial wetland mitigation banking; the tension between wetland mitigation bankers and in-lieu fee mitigation programs; enforcement issues; and wetland regulation and private property rights. The book concludes with policy recommendations to make wetlands law more effective.

An analysis of stream mitigation banking and the challenges of implementing market-based approaches to environmental conservation. Market-based approaches to environmental conservation have been increasingly prevalent since the early 1990s. The goal of these markets is to reduce environmental harm not by preventing it, but by pricing it. A housing development on land threaded with streams, for example, can divert them into underground pipes if the developer pays to restore streams elsewhere. But does this increasingly common approach actually improve environmental well-being? In Streams of Revenue, Rebecca Lave and Martin Doyle answer this question by analyzing the history, implementation, and environmental outcomes of one of these markets: stream mitigation banking. In stream mitigation banking, an entrepreneur speculatively restores a stream, generating “stream credits” that can be purchased by a developer to fulfill regulatory requirements of the Clean Water Act. Tracing mitigation banking from conceptual beginnings to implementation, the authors find that in practice it is very difficult to establish equivalence between the ecosystems harmed and those that are restored, and to cope with the many sources of uncertainty that make positive restoration outcomes unlikely. Lave and Doyle argue that market-based approaches have failed to deliver on conservation goals and call for a radical reconfiguration of the process.

Environmental law has an unquestionable effect on the species, ecosystems, and landscapes that biologists study—and vice-versa, as the research of these biologists frequently informs policy. But because many scientists receive little or no legal training, we know relatively little about the precise ways that laws affect biological systems—and, consequently, about how best to improve these laws and better protect our natural resources. With Environmental Law for Biologists, ecologist and lawyer Tristan Kimbrell bridges this gap in legal knowledge. Complete with a concise introduction to environmental law and an appendix describing the most important federal and international statutes and treaties discussed, the book is divided into four broad parts: laws that focus on individual species, like invasive species policies, the Endangered Species Act, and international treaties such as CITES; laws that focus on land, from federal public lands to agricultural regulations and urban planning; laws that focus on water, such as the Clean Water Act; and laws that focus on air, such as the Clean Air Act and international measures meant to mitigate global climate change. Written for working biologists and students alike, this book will be a catalyst for both more effective policy and enhanced research, offering hope for the manifold frictions between science and the law.

Florida Historical Society Stetson Kennedy Award The activists and victories that made Florida a leader in land preservation Despite Florida’s important place at the beginning of the American conservation movement and its notable successes in the fight against environmental damage, the full story of land conservation in the state has not yet been told. In this comprehensive history, Clay Henderson celebrates the individuals and organizations who made the Sunshine State a leader in state-funded conservation and land preservation.  Starting with early naturalists like William Bartram and John Muir who inspired the movement to create national parks and protect the country’s wilderness, Forces of Nature describes the efforts of familiar heroes like Marjory Stoneman Douglas and May Mann Jennings and introduces lesser-known champions like Frank Chapman, who helped convince Theodore Roosevelt to establish Pelican Island as the first national wildlife refuge in the United States. Henderson details how many of Florida’s activists, artists, philanthropists, and politicians have worked to designate threatened land for use as parks, preserves, and other conservation areas.  Drawing on historical sources, interviews, and his own long career in environmental law, Henderson recounts the many small victories over time that helped Florida create several units of the national park system, nearly thirty national wildlife refuges, and one of the best state park systems in the country. Forces of Nature will motivate readers to join in defending Florida’s natural wonders.

Focusing on fundamental principles, Hydro-Environmental Analysis: Freshwater Environments presents in-depth information about freshwater environments and how they are influenced by regulation. It provides a holistic approach, exploring the factors that impact water quality and quantity, and the regulations, policy and management methods that are ne

This sweeping study traces the development of water policy in the United States from the 19th century to the present day, exploring the role of legislation in appropriating access to water to the American people. Three factors influence the development of water policy and politics in the United States: the availability of water, the manner in which people use the commodity to its maximum economic benefit, and governmental control. This book is a one-stop resource for understanding the scope of water issues in America, from governing doctrine and legislation, to Native American water rights, to water protection and pollution, and to the mitigation of natural and manmade disasters. Distinguished author and noted scholar John R. Burch Jr. reviews the conflicts among state, federal, and international agencies in dealing with water supply and points to competing legal rulings and laws as undermining the creation of a cohesive policy for all. Through an analysis of key documents, Burch examines the recent calamities befalling the American water system—including droughts, oil spills, and natural disasters—and considers the future of water distribution to the American people. Organized into six parts, sections include doctrines and rights, waters of the West, border regions water management and flood control, environmental issues, and water supply and safety.

Understand the current concept of wetland and methods for identifying, describing, classifying, and delineating wetlands in the United States with Wetland Indicators - capturing the current state of science's role in wetland recognition and mapping. Environmental scientists and others involved with wetland regulations can strengthen their knowledge about wetlands, and the use of various indicators, to support their decisions on difficult wetland determinations. Professor Tiner primarily focuses on plants, soils, and other signs of wetland hydrology in the soil, or on the surface of wetlands in his discussion of Wetland Indicators. Practicing - and aspiring - wetland delineators alike will appreciate Wetland Indicators' critical insight into the development and significance of hydrophytic vegetation, hydric soils, and other factors. Features Color images throughout illustrate wetland indicators. Incorporates analysis and coverage of the latest Army Corps of Engineers delineation manual. Provides over 60 tables, including extensive tables of U.S. wetland plant communities and examples for determining hydrophytic vegetation.

Big Box USA presents a new look at how the big box retail store has dramatically reshaped the US economy and its ecosystems in the last half century. From the rural South to the frigid North, from inside stores to ecologies far beyond, this book examines the relationships that make up one of the most visible features of late twentieth-century and early twenty-first-century American life. The rise of big box retail since the 1960s has transformed environments on both local and global scales. Almost everyone has explored the aisles of big box stores. The allure of “everyday low prices” and brightly colored products of every kind connect shoppers with a global marketplace. Contributors join a growing conversation between business and environmental history, addressing the ways American retail institutions have affected physical and cultural ecologies around the world. Essays on Walmart, Target, Cabela’s, REI, and Bass Pro Shops assess the “bigness” of these superstores from “smokestacks to coat racks” and contend that their ecological impacts are not limited to the footprints of parking lots and manufacturing but also play a didactic role in educating consumers about their relationships with the environment. A model for historians seeking to bring business and environmental histories together in their analyses of merchant capital’s role in the landscapes of everyday life and how it has remade human relationships with nature, Big Box USA is a must-read for students and scholars of the environment, business, sustainability, retail professionals, and a general audience.